I 
108TH CONGRESS 
1ST SESSION H. R. 2490
To promote elder justice, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2003
Mr. EMANUEL (for himself, Mr. BLUNT, Mr. KING of New York, Mr. HOYER, 
Mr. REYNOLDS, Mr. RANGEL, Mr. SHIMKUS, Ms. DELAURO, Mr. WALSH, 
Mr. FROST, Mr. BEAUPREZ, Mr. STARK, Mrs. MILLER of Michigan, Mr. 
GEORGE MILLER of California, Mr. COLE, Mr. WAXMAN, Ms. HARRIS, 
Mr. JOHN, Mr. RENZI, Mr. KILDEE, Mr. KIRK, Mr. EVANS, Ms. GINNY 
BROWN-WAITE of Florida, Mr. FALEOMAVAEGA, Mr. MCHUGH, Mr. 
CROWLEY, Mr. ACKERMAN, Mr. HINOJOSA, Mr. GRIJALVA, Mr. ISRAEL, 
Mr. CRAMER, Mrs. MCCARTHY of New York, Mr. BISHOP of New York, 
Mr. ROSS, Mr. DAVIS of Alabama, Mr. WEINER, Ms. WATSON, Mr. CAR-
SON of Oklahoma, Mr. ACEVEDO-VILA´, Ms. JACKSON-LEE of Texas, Mrs. 
MALONEY, Mr. MCNULTY, Mr. NADLER, Mr. OWENS, Mr. BELL, Ms. 
LINDA T. SA´NCHEZ of California, and Mr. SCHIFF) introduced the fol-
lowing bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on the Judiciary, Energy and Com-
merce, and Education and the Workforce, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To promote elder justice, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Elder Justice Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purposes. 
TITLE I—DEPARTMENT OF HEALTH AND HUMAN SERVICES 
Sec. 101. Amendment to the Social Security Act. 
Sec. 102. Patient abuse prevention. 
Sec. 103. Increasing the number of health care professionals with geriatric 
training. 
Sec. 104. Supporting the long-term care ombudsman program. 
Sec. 105. Establishment of Office of Adult Protective Services. 
Sec. 106. Assuring safety of residents when nursing facilities close. 
TITLE II—DEPARTMENT OF JUSTICE 
Sec. 201. Definitions; rule. 
Sec. 202. Model State laws and practices. 
Sec. 203. Office of Elder Justice of the Department of Justice. 
Sec. 204. Grants under the Social Security Act. 
Sec. 205. Victim advocacy grants. 
Sec. 206. Supporting local prosecutors in elder justice matters. 
Sec. 207. Supporting State prosecutors in elder justice matters. 
Sec. 208. Supporting Federal cases involving elder justice. 
Sec. 209. Community policing. 
Sec. 210. Supporting law enforcement in elder justice matters. 
Sec. 211. Evaluations. 
Sec. 212. Authorization of appropriations. 
Sec. 213. Cause of action for elder abuse and neglect. 
Sec. 214. Civil actions for elder abuse and neglect. 
TITLE III—TAX PROVISIONS 
Sec. 301. Long-term care facility worker employment tax credit.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The proportion of the United States popu-
lation age 60 years or older will drastically increase
in the next 30 years as 77,000,000 baby boomers 
approach retirement and old age. 
(2) Each year, anywhere between 500,000 and 
5,000,000 elders in the United States are abused, 
neglected, or exploited. 
(3) Elder abuse, neglect, and exploitation have 
no boundaries, and cross all racial, social class, gen-
der, and geographic lines. 
(4) Victims of elder abuse, neglect, and exploi-
tation are not only subject to injury from mistreat-
ment and neglect, they are also 3.1 times more likely 
to die at an earlier age than expected than elders 
who were not victims of elder abuse, neglect, and ex-
ploitation. 
(5) There is a general dearth of data as to the 
nature and scope of elder abuse, neglect, and exploi-
tation. 
(6) Despite the dearth of data in the field, ex-
perts agree that most cases of elder abuse, neglect, 
and exploitation are never reported and that abuse 
and neglect shorten a victim’s life, often triggering 
a downward spiral of an otherwise productive, self-
sufficient elder’s life. Programs addressing other dif-
ficult issues such as domestic violence and child 
abuse and neglect have demonstrated the need for a
practices, relating to child abuse and neglect, domes-
tic violence, and violence against women. The Fed-
eral Government should promote similar efforts and 
protections relating to elder abuse, neglect, and ex-
ploitation. 
(12) The Federal Government should provide 
leadership and assist States and communities in
their efforts to protect elders in the United States 
by—
(A) promoting coordinated planning among 
all levels of government; 
(B) generating and sharing knowledge rel-
evant to protecting elders; 
(C) providing leadership to combat the 
abuse, neglect, and exploitation of the Nation’s 
elders; and 
(D) providing resources to States and com-
munities to promote elder justice. 
(13) The problem of elder abuse, neglect, and 
exploitation requires a comprehensive approach 
that—
(A) integrates the work of health, legal, 
and social service agencies and organizations; 
(B) emphasizes the need for prevention, re-
porting, investigation, assessment, treatment,
and prosecution of elder abuse, neglect, and ex-
ploitation at all levels of government; 
(C) ensures that sufficient numbers of 
properly trained personnel with specialized 
knowledge are in place to treat, assess, and pro-
vide services relating to elder abuse, neglect, 
and exploitation, and carry out elder and vul-
nerable adult protection duties;
(D) is sensitive to ethnic and cultural di-
versity; 
(E) recognizes the role of mental health, 
disability, dementia, substance abuse, medica-
tion mismanagement, and family dysfunction 
problems in increasing and exacerbating elder 
abuse, neglect, and exploitation; and 
(F) balances adults’ right to self-deter-
mination with society’s responsibility to protect 
elders and vulnerable adults. 
(14) The human, social, and economic cost of 
elder abuse, neglect, and exploitation is high and in-
cludes unnecessary expenditures of medicare and 
medicaid funds. 
(15) The failure to coordinate activities relating 
to, and comprehensively prevent and treat, elder 
abuse, neglect, and exploitation threatens the future
and well-being of millions of elders in the United 
States. 
(16) All elements of society in the United 
States have a shared responsibility in responding to 
a national problem of elder abuse, neglect, and ex-
ploitation. 
SEC. 3. PURPOSES. 
The purposes of this Act are as follows: 
(1) To bring a comprehensive approach to pre-
venting and combating elder abuse, neglect, and ex-
ploitation, a long invisible problem that afflicts the 
most vulnerable among the aging population of the 
United States. 
(2) To raise the issue of elder abuse, neglect, 
and exploitation to national attention, and to create 
the infrastructure at the Federal, State, and local 
levels, to assure that individuals and organizations 
on the front lines, who are fighting elder abuse, ne-
glect, and exploitation with scarce resources and 
fragmented systems, have the resources and infor-
mation needed to carry out their fight. 
(3) To bring a comprehensive multi-disciplinary 
approach to elder justice.
(4) To set in motion research and data collec-
tion to fill gaps in knowledge about elder abuse, ne-
glect, and exploitation. 
(5) To supplement the activities of service pro-
viders and programs, to enhance training, and to le-
verage scarce resources efficiently to ensure that 
elder justice receives the attention it deserves as the 
Nation’s population ages. 
(6) To examine the many different laws and 
practices relating to elder justice in different States 
and jurisdictions to ascertain which among those 
laws and practices are the most effective. 
(7) To promote the development of an effective 
adult fiduciary system, including an adult guardian-
ship system, that protects individuals with dimin-
ished capacity, maximizes their autonomy, and devel-
ops effective resources and an elder rights system. 
(8) To recognize and address the role of mental 
health, disability, dementia, substance abuse, medi-
cation mismanagement, and family dysfunction prob-
lems in increasing and exacerbating elder abuse, ne-
glect and exploitation. 
(9) To create a short- and long-term strategic 
plan for the development and coordination of elder
justice research, programs, studies, training, and 
other efforts nationwide. 
(10) To promote collaborative efforts and di-
minish overlap and gaps in efforts in developing the 
important field of elder justice.
TITLE I—DEPARTMENT OF 
HEALTH AND HUMAN SERVICES 
SEC. 101. AMENDMENT TO THE SOCIAL SECURITY ACT. 
The Social Security Act (42 U.S.C. 301 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE XXII—ELDER JUSTICE 
‘‘SEC. 2201. DEFINITIONS; RULE. 
‘‘(a) DEFINITIONS.—In this title: 
‘‘(1) ABUSE.—The term ‘abuse’ means the 
knowing infliction of physical or psychological harm 
or the knowing deprivation of goods or services that 
are necessary to meet essential needs or to avoid 
physical or psychological harm. 
‘‘(2) ADULT PROTECTIVE SERVICES.—The term 
‘adult protective services’ means those services pro-
vided to elders and to people age 18 and older with 
disabilities who are, or who are in danger of being, 
abused, neglected, or exploited, who are unable to 
protect themselves, or who have no one to assist 
them adequately. The term includes services such as
disseminating reports of adult abuse, neglect or ex-
ploitation, investigating those reports, case planning, 
monitoring, evaluation, providing other case work 
and services, and providing, arranging for, or facili-
tating the provision of medical, social service, eco-
nomic, legal, housing, law enforcement, or other pro-
tective, emergency, or support services. 
‘‘(3) CAREGIVER.—The term ‘caregiver’ means 
an individual who has the responsibility for the care 
of an elder, either voluntarily, by contract, by receipt 
of payment for care, or as a result of the operation 
of law and means a family member or other indi-
vidual who provides (on behalf of such individual or 
of a public or private agency, organization, or insti-
tution) compensated or uncompensated care to an 
elder who needs supportive services in any setting. 
‘‘(4) DIRECT
CARE.—The term ‘direct care’ 
means care by an employee or contractor who pro-
vides assistance or long-term care services to a re-
cipient. 
‘‘(5) ELDER.—The term ‘elder’ means an indi-
vidual age 60 or older. 
‘‘(6) ELDER JUSTICE.—The term ‘elder justice’ 
means—
‘‘(A) from a societal perspective, efforts to 
prevent, detect, treat, intervene in, and pros-
ecute elder abuse, neglect, and exploitation and 
to protect elders with diminished capacity while 
maximizing their autonomy; and 
‘‘(B) from an individual perspective, the 
recognition of an elder’s rights, including the 
right to be free of abuse, neglect, and exploi-
tation. 
‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a State or local government agency, In-
dian tribe, or any other public or private entity that 
is engaged in and has expertise in issues relating to 
elder justice or in a field necessary to promote elder 
justice efforts. 
‘‘(8) EXPLOITATION.—The term ‘exploitation’ 
means the fraudulent or otherwise illegal, unauthor-
ized, or improper act or process of an individual, in-
cluding a caregiver or fiduciary, that uses the re-
sources of an elder for monetary or personal benefit, 
profit, gain, or that results in depriving an elder of 
rightful access to, or use of, benefits, resources, be-
longings, or assets. 
‘‘(9) FIDUCIARY.—The term ‘fiduciary’—
‘‘(A) means a person or entity with the 
legal responsibility—
‘‘(i) to make decisions on behalf of 
and for the benefit of another person; and 
‘‘(ii) to act in good faith and with 
fairness; and 
‘‘(B) includes a trustee, a guardian, a con-
servator, an executor, an agent under a finan-
cial power of attorney or health care power of 
attorney, or a representative payee. 
‘‘(10) GRANT.—The term ‘grant’ includes a 
contract, cooperative agreement, or other mechanism 
for providing financial assistance. 
‘‘(11) 
GRANTING
AUTHORITY.—The 
term 
‘granting authority’ means the Secretary of Health 
and Human Services, the Attorney General, or the 
Secretary of Health and Human Services and the 
Attorney General jointly, as appropriate. 
‘‘(12) GUARDIANSHIP.—The term ‘guardian-
ship’ means—
‘‘(A) the process by which a State court 
determines that an adult individual lacks capac-
ity to make decisions about self-care and prop-
erty, and appoints another individual or entity
known as a guardian, as a conservator, or by a 
similar term, as surrogate decisionmaker; 
‘‘(B) the manner in which the court-ap-
pointed surrogate carries out duties to the indi-
vidual and the court; or 
‘‘(C) the manner in which the court exer-
cises oversight of the surrogate. 
‘‘(13) INDIAN.—The term ‘Indian’ means a per-
son who is a member of an Indian tribe. 
‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional corporation as defined in or 
established pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.), that is rec-
ognized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians. 
‘‘(15) KNOWINGLY.—The term ‘knowingly’ has 
the meaning given such term in section 3729(b) of 
title 31, United States Code. 
‘‘(16) LAW ENFORCEMENT.—The term ‘law en-
forcement’ means the full range of potential re-
sponders to elder abuse, neglect, and exploitation in-
cluding—
‘‘(A) police, sheriffs, detectives, public safe-
ty officers, and corrections personnel; 
‘‘(B) prosecutors; 
‘‘(C) medical examiners; 
‘‘(D) investigators; and 
‘‘(E) coroners. 
‘‘(17) LONG-TERM CARE.—
‘‘(A) IN GENERAL.—The term ‘long-term 
care’ means a wide range of supportive and 
health services for individuals who need assist-
ance because the individuals have a loss of ca-
pacity for self-care due to illness, disability, or 
vulnerability. 
‘‘(B) NEED
FOR
ASSISTANCE.—For pur-
poses of subparagraph (A), a need for assist-
ance is often measured in terms of the capa-
bility to engage in activities of daily living, in-
cluding eating, dressing, bathing, and manage-
ment of one’s financial affairs. 
‘‘(18) LONG-TERM CARE FACILITY.—The term 
‘long-term care facility’ means a residential care pro-
vider that arranges for, or directly provides, long-
term care. 
‘‘(19) NEGLECT.—The term ‘neglect’ means—
‘‘(A) the failure of a caregiver or fiduciary 
to provide the goods or services that are nec-
essary to maintain the health or safety of an 
elder; or 
‘‘(B) self-neglect. 
‘‘(20) NURSING FACILITY.—The term ‘nursing 
facility’ has the meaning given such term under sec-
tion 1919(a). 
‘‘(21) SELF-NEGLECT.—The term ‘self-neglect’ 
means an adult’s inability, due to physical or mental 
impairment or diminished capacity, to perform es-
sential self-care tasks including—
(A) obtaining essential food, clothing, shel-
ter, and medical care; 
(B) obtaining goods and services necessary 
to maintain physical health, mental health, or 
general safety; or 
(C) managing one’s own financial affairs. 
‘‘(22) SERIOUS BODILY INJURY.—
‘‘(A) IN
GENERAL.—The term ‘serious 
bodily injury’ means an injury—
‘‘(i) involving extreme physical pain; 
‘‘(ii) involving substantial risk of 
death;
‘‘(iii) involving protracted loss or im-
pairment of the function of a bodily mem-
ber, organ, or mental faculty; or 
‘‘(iv) requiring medical intervention 
such as surgery, hospitalization, or phys-
ical rehabilitation. 
‘‘(B) CRIMINAL SEXUAL ABUSE.—Serious 
bodily injury shall be considered to have oc-
curred if the conduct causing the injury is con-
duct constituting aggravated sexual abuse 
under section 2241, or sexual abuse under sec-
tion 2242, of title 18, United States Code, or 
any similar offense under State law. 
‘‘(23) SOCIAL.—The term ‘social’, when used 
with respect to a service, includes adult protective 
services. 
‘‘(24) STATE.—The term ‘State’ means any of 
the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, and any other pos-
session or territory of the United States. 
‘‘(25) STATE LONG-TERM CARE OMBUDSMAN.—
The term ‘State Long-Term Care Ombudsman’ 
means the State Long-Term Care Ombudsman de-
scribed in section 712(a)(2) of the Older Americans 
Act of 1965 (42 U.S.C. 3058g(a)(2)).
‘‘(26) UNDERSERVED POPULATION.—The term 
‘underserved population’ means the population of an 
area designated by the Secretary as an area with a 
shortage of elder justice programs or a population 
group designated by the Secretary as having a short-
age of such programs. Such areas or groups des-
ignated by the Secretary may include— 
‘‘(A) areas or groups that are geographi-
cally isolated (such as isolated in a rural area); 
‘‘(B) racial and ethnic minority popu-
lations; and 
‘‘(C) populations underserved because of 
special needs (such as language barriers, dis-
abilities, alien status, or age). 
‘‘(27) VULNERABLE ADULT.—The term ‘vulner-
able adult’ means an adult, age 18 or older, who 
needs protections and programs that are the same 
as or similar to protections and programs for elders, 
including an adult who, due to a developmental, cog-
nitive, psychological, physical, or other type of dis-
ability, may be abused, neglected, or exploited. 
‘‘(b) RULE.—The Secretary may determine, in an ap-
propriate case, that a provision of this title that applies 
to elders also applies to vulnerable adults.
‘‘Subtitle A—Federal Elder Justice 
System 
‘‘SEC. 2211. OFFICE OF ELDER JUSTICE OF THE DEPART-
MENT OF HEALTH AND HUMAN SERVICES. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department of Health and Human Services under the 
Assistant Secretary for Aging an Office of Elder Justice. 
‘‘(b) DIRECTOR.—
‘‘(1) APPOINTMENT.—The President, with the 
advice and consent of the Senate, shall appoint a Di-
rector of the Office of Elder Justice, from among in-
dividuals with experience and expertise in elder jus-
tice issues, to manage the Office of Elder Justice es-
tablished under this section. 
‘‘(2) DUTIES.—The Director of the Office of 
Elder Justice shall—
‘‘(A)(i) develop objectives, priorities, policy, 
and a long-term plan for elder justice programs 
and activities relating to prevention, detection, 
training, treatment, evaluation, intervention, re-
search, and improvement of the elder justice 
system in the United States; 
‘‘(ii) implement the overall policy and a 
strategy to carry out the plan described in 
clause (i); and
‘‘(iii) hire personnel to assist the director 
in carrying out the policy, program, and admin-
istrative activities related to the duties under 
clauses (i) and (ii); 
‘‘(B) provide advice to the Secretary on 
elder justice issues; and 
‘‘(C) coordinate activities with the Senior 
Advisor on Elder Justice.
‘‘(3) REPORTING RELATIONSHIP.—The Director 
of the Office of Elder Justice shall report to the As-
sistant Secretary for Aging. 
‘‘(4) COMPENSATION.—The Director shall be 
compensated at a rate that shall not exceed the rate 
established for level I of the Executive Schedule 
under section 5312 of title 5, United States Code. 
‘‘(c) SENIOR ADVISOR.—
‘‘(1) APPOINTMENT.—The Secretary shall ap-
point a Senior Advisor on Elder Justice, from 
among individuals with experience and expertise in 
elder justice issues. 
‘‘(2) DUTIES.—The Senior Advisor on Elder 
Justice shall—
‘‘(A) coordinate elder justice activities 
among all relevant divisions, offices, and compo-
nents of the Department of Health and Human 
Services; 
‘‘(B) serve as the chairperson of the Intra-
Agency Elder Justice Steering Committee es-
tablished under section 2212; and 
‘‘(C) provide advice to the Secretary on 
elder justice issues. 
‘‘(3) LOCATION.—The Senior Advisor on Elder 
Justice shall be located in the Office of the Sec-
retary. 
‘‘(4) POSITION.—The position of the Senior Ad-
visor on Elder Justice shall be a Senior Executive 
Service position, as defined in section 3132 of title 
5, United States Code. 
‘‘SEC. 2212. HEALTH AND HUMAN SERVICES INTRA-AGENCY 
ELDER JUSTICE STEERING COMMITTEE. 
‘‘(a) IN GENERAL.—There is established within the 
Department of Health and Human Services an Intra-
Agency Elder Justice Steering Committee (in this section 
referred to as the ‘steering committee’) to coordinate the 
elder justice programs and policy of the Department of 
Health and Human Services. 
‘‘(b) MEMBERSHIP.—The steering committee shall be 
composed of representatives, appointed by the Secretary, 
from—
‘‘(1) the Administration on Aging; 
‘‘(2) the National Institute on Aging; 
‘‘(3) the Centers for Medicare & Medicaid Serv-
ices; 
‘‘(4) the Centers for Disease Control and Pre-
vention; 
‘‘(5) the Agency for Healthcare Research and 
Quality; 
‘‘(6) the Administration for Children and Fami-
lies, including a representative who works in adult 
protective services; 
‘‘(7) the Office of the Assistant Secretary for 
Planning and Evaluation; 
‘‘(8) the Health Resources and Services Admin-
istration; 
‘‘(9) the Substance Abuse and Mental Health 
Services Administration; 
‘‘(10) the Indian Health Service; and 
‘‘(11) such other offices or divisions within the 
Department of Health and Human Services as the 
Secretary determines appropriate. 
‘‘(c) DUTIES.—The steering committee shall coordi-
nate elder justice matters for the Department of Health 
and Human Services to enhance programs and collabora-
tions and to avoid unnecessary duplication of efforts.
‘‘SEC. 2213. ELDER JUSTICE COORDINATING COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the Elder Justice Coordinating 
Council (in this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The Council shall be composed 
of the following: 
‘‘(1) The Secretary (or the Secretary’s des-
ignee). 
‘‘(2) The Attorney General (or the Attorney 
General’s designee). 
‘‘(3) A representative, appointed by the head of 
the Federal department or agency, or other entity, 
involved from— 
‘‘(A) the Department of Housing and 
Urban Development; 
‘‘(B) the Department of Education; 
‘‘(C) the Department of Labor; 
‘‘(D) the Department of Transportation; 
‘‘(E) the Department of the Treasury; 
‘‘(F) the Office of Management and Budg-
et; 
‘‘(G) the Office of the Surgeon General; 
‘‘(H) the Social Security Administration; 
‘‘(I) the Food and Drug Administration; 
‘‘(J) the Federal Trade Commission; 
‘‘(K) the Department of Commerce;
‘‘(L) the Pension Benefit Guaranty Cor-
poration; 
‘‘(M) the Securities and Exchange Com-
mission; 
‘‘(N) the Commodity Futures Trading 
Commission; 
‘‘(O) the Board of Governors of the Fed-
eral Reserve System; 
‘‘(P) the Office of the Comptroller of the 
Currency; 
‘‘(Q) the Federal Deposit Insurance Cor-
poration; 
‘‘(R) the Federal Bureau of Investigation; 
‘‘(S) the Centers for Disease Control and 
Prevention; 
‘‘(T) the Secret Service; 
‘‘(U) the National Institute on Aging; 
‘‘(V) the Internal Revenue Service; and 
‘‘(W) the United States Postal Service. 
‘‘(4) A representative appointed by the Board 
of Directors of the Legal Services Corporation from 
the Legal Services Corporation. 
‘‘(5) A representative appointed by the Presi-
dent from—
‘‘(A) the State Justice Institute;
‘‘(B) the National Research Council of the 
National Academy of Sciences; and 
‘‘(C) the Institute of Medicine of the Na-
tional Academy of Sciences.
‘‘(6) Representatives from other Federal agen-
cies, appointed by the heads of the Federal agencies 
with responsibilities or programs relating to elder 
abuse, neglect, and exploitation as determined ap-
propriate by the Secretary and the Attorney Gen-
eral. 
‘‘(7) One representative from each State, rep-
resenting State and local governments, appointed by 
the President from among persons designated by the 
Governor of such State due to expertise in, and ac-
tive work in, the area of elder justice. 
‘‘(8) The members of the advisory board estab-
lished under section 2214. 
‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.—Mem-
bers shall be appointed for terms of 3 years. Any vacancy 
in the Council shall not affect its powers, but shall be filled 
in the same manner as the original appointment was 
made. 
‘‘(d) CO-CHAIRPERSONS.—The Council shall be co-
chaired by the Secretary and the Attorney General (or 
their designees).
‘‘(e) MEETINGS.—
‘‘(1) IN GENERAL.—The Council shall meet at 
least 2 times per year as determined by the co-chair-
persons. 
‘‘(2) ELDER JUSTICE SUMMIT.—
‘‘(A) IN GENERAL.—One of the meetings 
described in paragraph (1) shall be an Elder 
Justice Summit to review the state of elder jus-
tice, including—
‘‘(i) a summary presentation directly 
to the Secretary and the Attorney General 
regarding—
‘‘(I) the nature and dimension of 
the problems of elder abuse, neglect, 
and exploitation; 
‘‘(II) Federal, State, local, and 
private efforts in elder justice; 
‘‘(III) challenges to be faced in 
elder justice; 
‘‘(IV) 
promising 
practices 
in 
elder justice; and 
‘‘(V) plans and priorities for the 
future in elder justice;
‘‘(ii) additional presentations to ad-
dress in greater detail those topics de-
scribed in clause (i); and 
‘‘(iii) presentations on such other top-
ics as the Council determines appropriate. 
‘‘(B) PARTICIPANTS.—Additional partici-
pants, in addition to the members of the Coun-
cil, to be invited to the Elder Justice Summit 
shall include—
‘‘(i) experts in the fields of elder 
abuse, neglect, and exploitation, selected by 
the co-chairpersons; 
‘‘(ii) the chairman and ranking mem-
ber of the Special Committee on Aging of 
the Senate; 
‘‘(iii) designees of the Speaker of the 
House of Representatives and the minority 
leader of the House of Representatives; 
and 
‘‘(iv) governmental representatives in-
vited jointly by the co-chairpersons, includ-
ing—
‘‘(I) 1 representative from the 
Federal Government;
‘‘(II) 1 representative from a 
State government; and 
‘‘(III) 1 representative from a 
local government. 
‘‘(C) 
ADDITIONAL
OBSERVERS.—Addi-
tional observers of the Elder Justice Summit 
may include representatives of Federal, State, 
and local public and private entities, as well as 
experts and members of the public designated 
by the Council to be observers. 
‘‘(3) OTHER
MEETINGS.—In addition to the 
meeting described in paragraph (2), the Council 
shall have at least 1 additional meeting per year in 
order to—
‘‘(A) conduct an in-depth analysis of the 
numerous phenomena that make up elder 
abuse, neglect, and exploitation; 
‘‘(B) permit participants to highlight 
promising 
practices, 
exchange 
information 
about addressing challenges, and identify needs 
and priorities; and 
‘‘(C) determine a procedure for examining 
and eliciting national elder justice issues and 
priorities in order to guide the Council. 
‘‘(f) DUTIES.—
‘‘(1) IN
GENERAL.—The Council shall make 
recommendations for the coordination of activities, 
relating to elder abuse, neglect, and exploitation and 
other crimes against elders, to the Department of 
Health and Human Services, the Department of 
Justice, and other relevant Federal, State, local, and 
private agencies and entities. 
‘‘(2) REPORT.—Not later than 2 years after the 
date of enactment of the Elder Justice Act and 
every 2 years thereafter, the Council shall provide to 
Congress a report that—
‘‘(A) describes the activities of, accomplish-
ments of, and challenges faced by—
‘‘(i) the Council; and 
‘‘(ii) the entities represented on the 
Council; and 
‘‘(B) makes recommendations for legisla-
tion, model laws, or other appropriate action. 
‘‘(g) POWERS OF THE COUNCIL.—
‘‘(1) HEARINGS.—The Council may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
Council considers advisable to carry out this section. 
‘‘(2) INFORMATION
FROM
FEDERAL
AGEN-
CIES.—The Council may secure directly from any
Federal department or agency such information as 
the Council considers necessary to carry out this sec-
tion. Upon request of the co-chairpersons of the 
Council, the head of such department or agency 
shall furnish such information to the Council.
‘‘(3) POSTAL SERVICES.—The Council may use 
the United States mails in the same manner and 
under the same conditions as other departments and 
agencies of the Federal Government. 
‘‘(h) TRAVEL EXPENSES.—The members of the 
Council, and the participants in and observers of the Elder 
Justice Summit shall not receive compensation for the per-
formance of services for the council. The members shall 
be allowed, and the participants may be allowed, travel 
expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, United States Code, 
while away from their homes or regular places of business 
in the performance of services for the Council. Notwith-
standing section 1342 of title 31, United States Code, the 
Secretary and the Attorney General may accept the vol-
untary and uncompensated services of the members and 
the participants. 
‘‘(i) DETAIL OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the
Council without reimbursement, and such detail shall be 
without interruption or loss of civil service status or privi-
lege. 
‘‘(j) EFFECTIVE DATE.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Council.
‘‘SEC. 2214. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, 
AND EXPLOITATION. 
‘‘(a) ESTABLISHMENT.—There is established a board 
to be known as the ‘Advisory Board on Elder Abuse, Ne-
glect, and Exploitation’ (in this section referred to as the 
‘advisory board’) to create a short- and long-term multi-
disciplinary strategic plan for the development of the field 
of elder justice, and to make recommendations to the Sec-
retary, the Attorney General, the Elder Justice Coordi-
nating Council established under section 2213, and the ap-
propriate committees of Congress. 
‘‘(b) SOLICITATION
OF NOMINATIONS.—The Sec-
retary and the Attorney General shall jointly publish a no-
tice in the Federal Register soliciting nominations for the 
appointment of members of the advisory board under sub-
section (c). 
‘‘(c) COMPOSITION.—The advisory board shall be 
composed of members appointed jointly by the Secretary 
and the Attorney General, from the general public who
are individuals with experience and expertise in elder 
abuse, neglect, and exploitation prevention, intervention, 
treatment, law enforcement, or research, with due consid-
eration to representation of ethnic or racial minorities and 
diverse geographic areas, including individuals who rep-
resent—
‘‘(1) social service providers (including State 
and local agencies with the statutory responsibility 
for adult protective services); 
‘‘(2) health care providers (including geriatrics, 
emergency medicine, and nursing and mental health 
professionals); 
‘‘(3) legal professionals (including law enforce-
ment and the judiciary); 
‘‘(4) gerontologists; 
‘‘(5) psychologists; 
‘‘(6) State and local government; 
‘‘(7) organizations providing services to elders 
and disabled persons; 
‘‘(8) volunteer groups; 
‘‘(9) elder rights advocates; 
‘‘(10) family groups; 
‘‘(11) experts in adult fiduciary relationships, 
and those serving as or monitoring fiduciaries, in-
cluding guardians; and
‘‘(12) individuals in forensics-related positions 
(including coroners and forensic pathologists). 
‘‘(d) VACANCIES.—Members shall be appointed for 
terms of 3 years. Any vacancy in the advisory board shall 
not affect its powers, but shall be filled in the same man-
ner as the original appointment was made. 
‘‘(e) ELECTION OF OFFICERS.—The advisory board 
shall elect a chairperson and vice chairperson from among 
the members of the advisory board. The advisory board 
shall elect its initial chairperson and vice chairperson at 
its initial meeting. 
‘‘(f) DUTIES.—Not later than 18 months after the 
establishment of the advisory board under subsection (a), 
and annually thereafter, the advisory board shall prepare 
and submit to the Secretary, the Attorney General, and 
the appropriate committees of Congress a report con-
taining—
‘‘(1) information on the status of Federal, 
State, and local public and private elder justice ac-
tivities; 
‘‘(2) recommendations (including recommended 
priorities) regarding—
‘‘(A) elder justice programs, research, 
training, services, practice, enforcement, and 
coordination;
‘‘(B) coordination between entities pur-
suing elder justice efforts and those involved in 
related areas that may inform or overlap with 
elder justice efforts, such as activities to combat 
violence against women and child abuse and ne-
glect; and 
‘‘(C) activities relating to adult fiduciary 
systems, including guardianship and other fidu-
ciary arrangements; 
‘‘(3) recommendations for specific modifications 
needed in Federal and State laws (including regula-
tions) or for programs, research, and training to en-
hance prevention, detection, diagnosis, treatment, 
intervention in, investigation, and prosecution of 
elder abuse, neglect, and exploitation; 
‘‘(4) recommendations for the most effective co-
ordinated national data collection with respect to 
elder justice, and elder abuse, neglect, and exploi-
tation; and 
‘‘(5) recommendations for a multidisciplinary 
strategic plan to guide the effective and efficient de-
velopment of the elder justice area. 
‘‘(g) POWERS OF THE ADVISORY BOARD.—
‘‘(1) HEARINGS.—The advisory board may hold 
such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as
the advisory board considers advisable to carry out 
this section. 
‘‘(2) INFORMATION
FROM
FEDERAL
AGEN-
CIES.—The advisory board may secure directly from 
any Federal department or agency such information 
as the advisory board considers necessary to carry 
out this section. Upon request of the co-chairpersons 
of the advisory board, the head of such department 
or agency shall furnish such information to the advi-
sory board. 
‘‘(3) SHARING OF DATA AND REPORTS.—The 
advisory board may secure from any entity pursuing 
elder justice activities under the Elder Justice Act or 
an amendment made by that Act, any data, reports, 
or recommendations generated in connection with 
such activities. 
‘‘(4) POSTAL
SERVICES.—The advisory board 
may use the United States mails in the same man-
ner and under the same conditions as other depart-
ments and agencies of the Federal Government. 
‘‘(h) TRAVEL EXPENSES.—The members of the advi-
sory board shall not receive compensation for the perform-
ance of services for the advisory board, but shall be al-
lowed travel expenses, including per diem in lieu of sub-
sistence, at rates authorized for employees of agencies 
under subchapter I of chapter 57 of title 5, United States 
Code, while away from their homes or regular places of 
business in the performance of services for the advisory 
board. Notwithstanding section 1342 of title 31, United 
States Code, the Secretary and the Attorney General may 
accept the voluntary and uncompensated services of the 
members of the advisory board. 
‘‘(i) DETAIL OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the advi-
sory board without reimbursement, and such detail shall 
be without interruption or loss of civil service status or 
privilege. 
‘‘(j) EFFECTIVE DATE.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory board. 
‘‘Subtitle B—Activities to Promote 
Elder Justice 
‘‘SEC. 2221. DATA COLLECTION AND DISSEMINATION. 
‘‘(a) ELDER JUSTICE RESOURCE CENTER.—
‘‘(1) ESTABLISHMENT.—The Secretary, after 
consultation with the Attorney General, shall estab-
lish within the Office of Elder Justice (established 
under this title), an Elder Justice Resource Center 
(in this section referred to as the ‘Center’) to be the
central repository for information regarding elder 
abuse, neglect, and exploitation. 
‘‘(2) DUTIES.—The Center shall—
‘‘(A) develop the capacity and procedures 
to collect, maintain, and disseminate informa-
tion relevant to consumers, families, providers, 
clinicians, advocates, regulators, law enforce-
ment, policymakers, researchers, fiduciaries in-
cluding guardians, judges, and lawyers, relevant 
to the prevention, detection, assessment, identi-
fication, and treatment of, intervention in, and 
prosecution of, elder abuse, neglect, and exploi-
tation; 
‘‘(B) provide, in a user-friendly manner, 
information on—
‘‘(i) ways to promote autonomy in the 
face of aging or diminishing capacity and 
mobility; 
‘‘(ii) how to avoid becoming a victim 
of elder abuse, neglect, or exploitation; and 
‘‘(iii) advance planning and how to 
avoid the need for a fiduciary; 
‘‘(C) provide links and references to other 
sources of information;
‘‘(D) compile, analyze, and publish a sum-
mary of research conducted on elder abuse, ne-
glect, and exploitation and information on how 
to obtain the original research materials; 
‘‘(E) solicit public comment and comment 
from the advisory board established under sec-
tion 2214 on the activities of the Center; 
‘‘(F) establish a toll-free number for infor-
mation and referrals; 
‘‘(G) coordinate activities with resource 
centers and clearinghouses on elder justice top-
ics; and 
‘‘(H) provide funding to public and private 
agencies and entities to develop or continue the 
efforts of specialized elder justice-related clear-
inghouses and information repositories, to be 
linked to the Center, that address topics such 
as those enumerated in subparagraphs (A) and 
(B) and that provide effective services. 
‘‘(3) 
COORDINATION
OF
AVAILABLE
RE-
SOURCES.—In establishing the Center under this 
subsection the Secretary, after consultation with the 
Attorney General, shall—
‘‘(A) consult with other Federal agencies 
that operate similar resource centers;
‘‘(B) consult with private entities that op-
erate resource centers or clearinghouses on 
elder justice related topics; 
‘‘(C) consult with the head of each agency 
participating in the Elder Justice Coordinating 
Council established under section 2213, as well 
as other agencies with clearinghouses com-
parable to the Center, such as clearinghouses 
relating to child abuse and neglect, to deter-
mine the most efficient and effective manner for 
collecting, maintaining, and disseminating in-
formation on elder abuse, neglect, and exploi-
tation; and 
‘‘(D) solicit public comment on the compo-
nents of such Center. 
‘‘(4) NATIONAL ELDER JUSTICE LIBRARY.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish within the Center, a National 
Elder Justice Library (in this paragraph re-
ferred to as the ‘Library’) to serve as a central-
ized repository for all types of appropriate ma-
terials concerning training, technical assistance, 
and promising practices relating to elder justice 
including—
‘‘(i) brochures and pamphlets;
‘‘(ii) video and computer-based re-
sources; 
‘‘(iii) books; and 
‘‘(iv) training materials. 
‘‘(B) INDEX.—The Library shall create 
and maintain an up-to-date index of the mate-
rials described in subparagraph (A) by title, au-
thor, date, subject, and type of material, and a 
brief description of such materials. Such index 
shall be available on the Internet as well as in 
printed form in order to be easily accessible to 
the general public. 
‘‘(C) AVAILABILITY.—The materials held 
by the Library shall be available for copying by 
individuals and entities nationwide and shall be 
disseminated at a nominal or no fee. The mate-
rials shall be copied and disseminated in ac-
cordance with the applicable provisions of title 
17, United States Code. 
‘‘(D) DUTIES.—
‘‘(i) ADDITIONAL
MATERIALS.—The 
Library shall—
‘‘(I) collect data on materials 
that would be appropriate for such li-
brary;