IB 
Union Calendar No. 561 
110TH CONGRESS 
2D SESSION 
H. R. 5352 
[Report No. 110–864, Part I] 
To protect seniors in the United States from elder abuse by establishing 
specialized elder abuse prosecution and research programs and activities 
to aid victims of elder abuse, to provide training to prosecutors and 
other law enforcement related to elder abuse prevention and protection, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2008 
Mr. SESTAK introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
SEPTEMBER 22, 2008 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 22, 2008 
Additional sponsors: Mr. CONYERS, Mr. SCOTT of Virginia, Mr. EMANUEL, 
and Mr. KING of New York 
SEPTEMBER 22, 2008 
Committee on Ways and Means discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on February 12, 2008] 
A BILL 
To protect seniors in the United States from elder abuse 
by establishing specialized elder abuse prosecution and 
research programs and activities to aid victims of elder 
abuse, to provide training to prosecutors and other law 
enforcement related to elder abuse prevention and protec-
tion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Elder Abuse Victims 
Act of 2008’’. 
SEC. 2. ANALYSIS, REPORT, AND RECOMMENDATIONS RE-
LATED TO ELDER JUSTICE PROGRAMS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations to carry out this section, the Attorney General, 
in consultation with the Secretary of Health and Human 
Services, shall carry out the following: 
(1) STUDY.—Conduct a study of laws and prac-
tices relating to elder abuse, neglect, and exploitation, 
which shall include— 
(A) a comprehensive description of State 
laws and practices relating to elder abuse, ne-
glect, and exploitation; 
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(B) a comprehensive analysis of the effec-
tiveness of such State laws and practices; and 
(C) an examination of State laws and prac-
tices relating to specific elder abuse, neglect, and 
exploitation issues, including— 
(i) the definition of— 
(I) ‘‘elder’’; 
(II) ‘‘abuse’’; 
(III) ‘‘neglect’’; 
(IV) ‘‘exploitation’’; and 
(V) such related terms the Attor-
ney General determines to be appro-
priate; 
(ii) mandatory reporting laws, with 
respect to— 
(I) who is a mandated reporter; 
(II) to whom must they report 
and within what time frame; and 
(III) any consequences for not re-
porting; 
(iii) 
evidentiary, 
procedural, 
sen-
tencing, choice of remedies, and data reten-
tion issues relating to pursuing cases relat-
ing to elder abuse, neglect, and exploitation; 
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(iv) laws requiring reporting of all 
nursing home deaths to the county coroner 
or to some other individual or entity; 
(v) fiduciary laws, including guard-
ianship and power of attorney laws; 
(vi) laws that permit or encourage 
banks and bank employees to prevent and 
report suspected elder abuse, neglect, and ex-
ploitation; 
(vii) laws relating to fraud and related 
activities in connection with mail, tele-
marketing, or the Internet; 
(viii) laws that may impede research 
on elder abuse, neglect, and exploitation; 
(ix) practices relating to the enforce-
ment of laws relating to elder abuse, neglect, 
and exploitation; and 
(x) practices relating to other aspects 
of elder justice. 
(2) DEVELOPMENT OF PLAN.—Develop objectives, 
priorities, policies, and a long-term plan for elder jus-
tice programs and activities relating to— 
(A) prevention and detection of elder abuse, 
neglect, and exploitation; 
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(B) intervention and treatment for victims 
of elder abuse, neglect, and exploitation; 
(C) training, evaluation, and research re-
lated to elder justice programs and activities; 
and 
(D) improvement of the elder justice system 
in the United States. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, submit to the chairman 
and ranking member of the Special Committee on 
Aging of the Senate, and the Speaker and minority 
leader of the House of Representatives, and the Sec-
retary of Health and Human Services, and make 
available to the States, a report that contains— 
(A) the findings of the study conducted 
under paragraph (1); 
(B) a description of the objectives, prior-
ities, policies, and a long-term plan developed 
under paragraph (2); and 
(C) a list, description, and analysis of the 
best practices used by States to develop, imple-
ment, maintain, and improve elder justice sys-
tems, based on such findings. 
(b) GAO RECOMMENDATIONS.—Not later than one 
year after the date of the enactment of this Act, the Comp-
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troller General shall report to Congress any recommenda-
tions with respect to any Federal legislation, regulations, 
or programs determined by the Comptroller General to be 
necessary to improve elder justice in the United States. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$6,000,000 for each of the fiscal years 2009 through 2015. 
SEC. 3. VICTIM ADVOCACY GRANTS. 
(a) GRANTS AUTHORIZED.—The Attorney General, 
after consultation with the Secretary of Health and Human 
Services, may award grants to eligible entities to study the 
special needs of victims of elder abuse, neglect, and exploi-
tation. 
(b) AUTHORIZED ACTIVITIES.—Funds awarded pursu-
ant to subsection (a) shall be used for pilot programs that— 
(1) develop programs for and provide training to 
health care, social, and protective services providers, 
law enforcement, fiduciaries (including guardians), 
judges and court personnel, and victim advocates; and 
(2) examine special approaches designed to meet 
the needs of victims of elder abuse, neglect, and ex-
ploitation. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$3,000,000 for each of the fiscal years 2009 through 2015. 
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SEC. 4. SUPPORTING LOCAL PROSECUTORS AND COURTS 
IN ELDER JUSTICE MATTERS. 
(a) GRANTS AUTHORIZED.—Subject to the availability 
of appropriations under this section, the Attorney General, 
after consultation with the Secretary of Health and Human 
Services, shall award grants to provide training, technical 
assistance, policy development, multidisciplinary coordina-
tion, and other types of support to local prosecutors and 
courts handling elder justice-related cases, including— 
(1) funding specially designated elder justice po-
sitions or units; and 
(2) funding the creation of a Center for the Pros-
ecution of Elder Abuse, Neglect, and Exploitation by 
the American Prosecutor Research Institute of the Na-
tional District Attorneys Association, or any other 
similarly situated entity, to advise and support local 
prosecutors and courts nationwide in their pursuit of 
cases involving elder abuse, neglect, and exploitation. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$6,000,000 for each of the fiscal years 2009 through 2015. 
SEC. 5. SUPPORTING STATE PROSECUTORS AND COURTS IN 
ELDER JUSTICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations under this section, the Attorney General, after 
consultation with the Secretary of Health and Human 
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Services, shall award grants to provide training, technical 
assistance, multidisciplinary coordination, policy develop-
ment, and other types of support to State prosecutors and 
courts, employees of State Attorneys General, and Medicaid 
Fraud Control Units handling elder justice-related matters. 
(b) CREATING
SPECIALIZED
POSITIONS.—Grants 
under this section may be made for— 
(1) the establishment of specially designated elder 
justice positions or units; and 
(2) the creation of a position to coordinate elder 
justice-related cases, training, technical assistance, 
and policy development for State prosecutors and 
courts, by the National Association of Attorneys Gen-
eral or any other similarly situated entity. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$6,000,000 for each of the fiscal years 2009 through 2015. 
SEC. 6. SUPPORTING LAW ENFORCEMENT IN ELDER JUS-
TICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of appro-
priations under this section, the Attorney General, after 
consultation with the Secretary of Health and Human 
Services, the Postmaster General, and the Chief Postal In-
spector for the United States Postal Inspection Service, 
shall award grants to provide training, technical assistance, 
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multidisciplinary coordination, policy development, and 
other types of support to police, sheriffs, detectives, public 
safety officers, corrections personnel, and other first re-
sponders who handle elder justice-related matters, to fund 
specially designated elder justice positions or units designed 
to support first responders in elder justice matters. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$8,000,000 for each of the fiscal years 2009 through 2015. 
SEC. 7. EVALUATIONS. 
(a) GRANTS UNDER THIS ACT.— 
(1) IN
GENERAL.—In carrying out the grant 
programs under this Act, the Attorney General 
shall— 
(A) require each recipient of a grant to use 
a portion of the funds made available through 
the grant to conduct a validated evaluation of 
the effectiveness of the activities carried out 
through the grant by such recipient; or 
(B) as the Attorney General considers ap-
propriate, use a portion of the funds available 
under this Act for a grant program under this 
Act to provide assistance to an eligible entity to 
conduct a validated evaluation of the effective-
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ness of the activities carried out through such 
grant program by each of the grant recipients. 
(2) APPLICATIONS.— 
(A) SUBMISSION.—To be eligible to receive 
a grant under this Act, an entity shall submit 
an application to the Attorney General at such 
time, in such manner, and containing such in-
formation as the Attorney General may require, 
which shall include— 
(i) a proposal for the evaluation re-
quired 
in 
accordance 
with 
paragraph 
(1)(A); and 
(ii) the amount of assistance under 
paragraph (1)(B) the entity is requesting, if 
any. 
(B) REVIEW AND ASSISTANCE.— 
(i) IN GENERAL.—An employee of the 
Department of Justice, after consultation 
with an employee of the Department of 
Health and Human Services and a non-
governmental member of the Advisory 
Board of Elder Abuse, Neglect, and Exploi-
tation (established under title XX of the So-
cial Security Act (42 U.S.C. 1397 et seq.), 
as amended by this Act) with expertise in 
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evaluation methodology, shall review each 
application described in subparagraph (A) 
and determine whether the methodology de-
scribed in the proposal under subparagraph 
(A)(i) is adequate to gather meaningful in-
formation. 
(ii) DENIAL.—If the reviewing em-
ployee determines the methodology described 
in such proposal is inadequate, the review-
ing employee shall recommend that the At-
torney General deny the application for the 
grant, or make recommendations for how 
the application should be amended. 
(iii) NOTICE
TO
APPLICANT.—If the 
Attorney General denies the application on 
the basis of such proposal, the Attorney 
General shall inform the applicant of the 
reasons the application was denied, and 
offer assistance to the applicant in modi-
fying the proposal. 
(b) OTHER GRANTS.—Subject to the availability of ap-
propriations under this section, the Attorney General shall 
award grants to appropriate entities to conduct validated 
evaluations of grant activities that are funded by Federal 
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funds not provided under this Act to reduce elder abuse, 
neglect, and exploitation. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$7,000,000 for each of the fiscal years 2009 through 2015. 
SEC. 8. ELDER JUSTICE. 
(a) ELDER JUSTICE.— 
(1) IN GENERAL.—Title XX of the Social Secu-
rity Act (42 U.S.C. 1397 et seq.) is amended— 
(A) in the title heading, by inserting ‘‘AND 
ELDER JUSTICE’’ after ‘‘SOCIAL SERV-
ICES’’; 
(B) by inserting before section 2001 the fol-
lowing: 
‘‘PART A—BLOCK GRANTS TO STATES FOR SOCIAL 
SERVICES’’; 
and 
(C) by adding at the end the following: 
‘‘PART B—ELDER JUSTICE 
‘‘SEC. 2011. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ABUSE.—The term ‘abuse’ means the know-
ing infliction of physical or psychological harm or the 
knowing deprivation of goods or services that are nec-
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