I 
113TH CONGRESS 
1ST SESSION H. R. 3090 
To amend the Older Americans Act of 1965 to authorize Federal assistance 
to State adult protective services programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2013 
Mr. CARTWRIGHT (for himself, Ms. NORTON, Mr. VARGAS, Ms. EDDIE BER-
NICE JOHNSON of Texas, Mr. PETERS of Michigan, Mr. BARBER, Mr. 
RUSH, Mr. GRAYSON, Mr. RANGEL, Mrs. NAPOLITANO, Mr. CONNOLLY, 
Mr. COURTNEY, Ms. FRANKEL of Florida, Mrs. NEGRETE MCLEOD, Mr. 
LANGEVIN, Ms. ESHOO, Mr. PALLONE, Mr. DOGGETT, Mr. PASCRELL, 
Mr. CROWLEY, Mr. CA´RDENAS, Ms. HAHN, Mr. GRIJALVA, Mr. RAHALL, 
Ms. SHEA-PORTER, Ms. SCHWARTZ, Mr. TONKO, Ms. JACKSON LEE, Mr. 
GENE GREEN of Texas, and Mr. DEUTCH) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
A BILL 
To amend the Older Americans Act of 1965 to authorize 
Federal assistance to State adult protective services pro-
grams, 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; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Elder Protection and Abuse Prevention Act’’. 
(b) FINDINGS.—Congress finds the following: 
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(1) In 2009, the Department of Justice esti-
mated that 14.1 percent of non-institutionalized 
older adults in the United States had experienced 
some form of elder abuse in the past year. 
(2) Only 1 in 23.5 cases of elder abuse is ever 
reported due to a lack of screening, awareness, and 
prevention efforts. 
(3) The mortality rate of older adults who are 
victims of abuse is 3 times higher than older adults 
that are not victims of abuse. 
(4) The annual financial loss by victims of elder 
financial abuse is estimated to be at least 
$2,900,000,000, and steadily increasing. 
SEC. 2. ADULT PROTECTIVE SERVICES; DEFINITIONS. 
Section 102 of the Older Americans Act of 1965 (42 
U.S.C. 3002) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(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) by redesignating paragraphs (4) through 
(54) as paragraphs (5) through (55); 
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(3) by inserting after paragraph (3), the fol-
lowing: 
‘‘(4) ADULT PROTECTIVE SERVICES.—The term 
‘adult protective services’ means such services pro-
vided to adults as the Secretary may specify and in-
cludes services such as— 
‘‘(A) receiving reports of adult abuse, ne-
glect, or exploitation; 
‘‘(B) investigating the reports described in 
subparagraph (A); 
‘‘(C) case planning, monitoring, evaluation, 
and other case work and services; and 
‘‘(D) providing, arranging for, or facili-
tating the provision of medical, social service, 
economic, legal, housing, law enforcement, or 
other protective, emergency, or support serv-
ices.’’; 
(4) by amending paragraph (18), as so redesig-
nated, to read as follows: 
‘‘(18) ELDER JUSTICE.—The term ‘elder jus-
tice’ means— 
‘‘(A) from a societal perspective, efforts 
to— 
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‘‘(i) prevent, detect, treat, intervene 
in, and prosecute elder abuse, neglect, and 
exploitation; and 
‘‘(ii) protect older individuals with di-
minished capacity while maximizing their 
autonomy; and 
‘‘(B) from an individual perspective, the 
recognition of an older individual’s rights, in-
cluding the right to be free of abuse, neglect, 
and exploitation.’’; 
(5) in paragraph (19), as so redesignated, by 
striking ‘‘The term ‘exploitation’ means’’ and insert-
ing ‘‘The terms ‘exploitation’ and ‘financial exploi-
tation’ mean’’; 
(6) in paragraph (25), as so redesignated— 
(A) in subparagraph (B), by striking 
‘‘and’’; 
(B) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) abuse, neglect (including self-ne-
glect), financial exploitation, including factors 
that are the basis of a referral to adult protec-
tive services.’’; 
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(7) in paragraph (29)(C), as so redesignated, 
by inserting ‘‘, including opportunities for work and 
volunteer service in the community’’ after ‘‘avail-
able’’; 
(8) in paragraph (30), as so redesignated, by 
striking ‘‘information and referral’’ and inserting 
‘‘information and referral assistance’’; and 
(9) in paragraph (37), as so redesignated, by 
inserting ‘‘(including elder abuse and neglect screen-
ing)’’ after ‘‘educational services’’. 
SEC. 3. COORDINATION OF ELDER JUSTICE ACTIVITIES. 
(a) USE OF FUNDS.—Section 201 of the Older Amer-
icans Act of 1965 (42 U.S.C. 3011) is amended by adding 
at the end the following: 
‘‘(g) The Assistant Secretary is authorized to use 
funds appropriated to carry out this Act to implement ac-
tivities authorized under part I of subtitle B of title XX 
of the Social Security Act (42 U.S.C. 1397k et seq.), in-
cluding the establishment of the Advisory Board on Elder 
Abuse, Neglect, and Exploitation and the continuation of 
the work of the Elder Justice Coordinating Council.’’. 
(b) ASSURANCE
OF APPROPRIATE TRAINING
FOR 
STAFF.—Section 202 of the Older Americans Act of 1965 
(42 U.S.C. 3012) is amended by adding at the end the 
following: 
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‘‘(g) The Assistant Secretary shall— 
‘‘(1) ensure, where appropriate, that all pro-
grams funded under this Act include appropriate 
training in prevention and provision of services that 
address elder justice and exploitation; and 
‘‘(2) periodically update the need for and ben-
efit of such training related to prevention of abuse, 
neglect, and exploitation of older adults.’’. 
(c) INFORMATION AND ASSISTANCE SERVICES.—Sec-
tion 202(a)(21) of the Older Americans Act of 1965 (42 
U.S.C. 3012(a)(21)) is amended to read as follows: 
‘‘(21)(A) establish information and assistance serv-
ices as priority services for older individuals, and ensure 
that quality information and assistance services are con-
sistently provided to older individuals; 
‘‘(B) ensure that there is full collaboration between 
all governmental information and assistance systems that 
serve older individuals, whether specialized, crisis interven-
tion, disaster assistance, or others; and 
‘‘(C) develop and operate, either directly or through 
contracts, grants, or cooperative agreements, a National 
Eldercare Locator Service, providing information and as-
sistance services through a nationwide toll free number to 
identify community resources for older individuals;’’. 
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(d) INTEGRATION OF TITLES.—Section 701 of the 
Older Americans Act of 1965 (42 U.S.C. 3058) is amend-
ed by adding at the end the following: ‘‘The Assistant Sec-
retary, to the maximum extent practicable, shall ensure 
there be full integration of education and public awareness 
activities under this title with all service programs under 
title III with special emphasis on the nutrition programs, 
legal services, information and referral assistance activi-
ties, the work of aging and disability resource centers, and 
the long-term care ombudsman programs, including pro-
grams carried out under title VI.’’. 
SEC. 4. COORDINATION OF NATIONAL ADULT PROTECTIVE 
SERVICES RESOURCE CENTER WITH ELDER 
ABUSE AND EXPLOITATION PREVENTION. 
Subsection (e)(2) of section 201 of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3011) is amended in the mat-
ter preceding subparagraph (A) by inserting ‘‘, and in co-
ordination with State Directors of the Adult Protective 
Services Programs and State Directors of the Office of 
Long-Term Care Ombudsman Programs’’ after ‘‘and serv-
ices’’. 
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SEC. 5. NATIONAL ADULT PROTECTIVE SERVICES RE-
SOURCE CENTER. 
(a) IN GENERAL.—Section 201 of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3011), as amended by section 
3, is further amended by adding at the end the following: 
‘‘(h)(1) The Assistant Secretary shall, by grant or 
contract with a national nonprofit entity, establish a Na-
tional Adult Protective Services Resource Center (referred 
to in this subsection as the ‘Center’). The purposes of the 
Center are to improve the capacity of State and local adult 
protective services programs to respond effectively to 
abuse, neglect, and exploitation of vulnerable adults, in-
cluding home care consumers and residents of long-term 
care facilities, and to coordinate with the Long-Term Care 
Ombudsman Program to protect home care consumers 
and residents most effectively. 
‘‘(2) The nonprofit entity awarded a grant or con-
tract under this subsection shall have expertise in, and 
representation by, State and local adult protective services 
programs. 
‘‘(3) The Center shall— 
‘‘(A) collect and disseminate information re-
garding, and increase public awareness of, the role 
of adult protective services programs in investigating 
the abuse, neglect (including self-neglect), and ex-
ploitation of vulnerable adults, including home care 
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consumers and residents of long-term care facilities, 
and in intervening to protect the consumers and 
residents from abuse; 
‘‘(B) develop, distribute, and provide training 
and technical assistance for adult protective services 
program investigators and supervisors investigating 
the abuse, neglect (including self-neglect), and ex-
ploitation of vulnerable adults, including home care 
consumers and residents of long-term care facilities, 
and intervening to protect the consumers and resi-
dents from further abuse; 
‘‘(C) develop, distribute, and provide training to 
home care and long-term care professionals and oth-
ers on recognizing, reporting (including regarding 
mandatory reporting requirements), and responding 
to the abuse, neglect (including self-neglect), and fi-
nancial exploitation of vulnerable adults, including 
home care consumers and residents of long-term 
care facilities; 
‘‘(D) compile and disseminate reports on re-
search and best practices for adult protective serv-
ices programs and other programs on effective re-
sponses to the abuse, neglect (including self-neglect), 
and exploitation of vulnerable adults, including home 
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care consumers and residents of long-term care fa-
cilities; 
‘‘(E) work with the National Ombudsman Re-
source Center and long-term care ombudsman pro-
grams to develop and disseminate training, practice 
standards, and policies regarding— 
‘‘(i) the roles and responsibilities of adult 
protective services and ombudsman programs; 
‘‘(ii) confidentiality and abuse reporting 
issues and protocols; and 
‘‘(iii) effective ways to maximize the re-
sources of adult protective services programs 
for the benefit of home care consumers and 
residents of long-term care facilities; and 
‘‘(F) establish a data system to collect informa-
tion on the abuse, neglect (including self-neglect), 
and exploitation of home care consumers and resi-
dents of long-term care facilities and to measure the 
effectiveness of the activities carried out by the Cen-
ter. 
‘‘(4) Not later than 18 months after the date of en-
actment of the Elder Protection and Abuse Prevention 
Act, the Director shall— 
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‘‘(A) collect and analyze, from leading national 
and State experts, the best practices related to 
screening for elder abuse; 
‘‘(B) publish a report that describes rec-
ommendations regarding such best practices and dis-
seminate such report to all grantees under programs 
established under this Act and described under this 
section; and 
‘‘(C) submit to Congress such report and a de-
scription of the dissemination activities under sub-
paragraph (B). 
‘‘(5) In this subsection, the term ‘home care con-
sumer’ means a person who receives services in the per-
son’s home or community to promote independence and 
reduce the necessity for residence in a long-term care facil-
ity, which may include home care services provided 
through this Act, the Medicare program under title XVIII 
of the Social Security Act (42 U.S.C. 1395 et seq.), the 
Medicaid program under title XIX of the Social Security 
Act (42 U.S.C. 1396 et seq.), or another public or private 
funding source.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
216 of the Older Americans Act is amended by adding 
at the end the following: 
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‘‘(d) NATIONAL ADULT PROTECTIVE SERVICES RE-
SOURCE CENTER.—There are authorized to be appro-
priated to carry out section 201(h) (relating to the Na-
tional Adult Protective Services Resource Center), such 
sums as may be necessary for fiscal years 2014, 2015, 
2016, 2017, and 2018.’’. 
SEC. 6. INCLUSION OF ADULT PROTECTIVE SERVICES PRO-
GRAMS IN CONGRESSIONAL REPORTS. 
Section 207(b)(1)(C) of the Older Americans Act of 
1965 (42 U.S.C. 3018(b)(1)(C)) is amended by inserting 
‘‘and the adult protective services programs of the States’’ 
after ‘‘of the States’’. 
SEC. 7. PREVENTION, ASSESSMENT, AND RESPONSE TO 
ELDER ABUSE. 
(a) PREFERENCES.—Section 305(a)(2)(E) of the 
Older Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E)) 
is amended by inserting ‘‘older individuals who are or are 
alleged victims of elder abuse, neglect, or exploitation,’’ 
after ‘‘proficiency,’’. 
(b) AREA PLANS.—Section 306 of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3026) is amended— 
(1) in subsection (a)(6)— 
(A) in subparagraph (G), by inserting 
‘‘and’’ at the end; and 
(B) by adding at the end the following: 
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‘‘(H)(i) in coordination with the State 
agency and with the State agency responsible 
for elder abuse prevention services, increase 
public awareness of elder abuse and financial 
exploitation, remove barriers to elder abuse edu-
cation, prevention, investigation, and treatment; 
‘‘(ii) coordinate elder justice activities (in-
cluding screenings) provided by the area agency 
on aging, community health centers, other pub-
lic agencies, and nonprofit private organiza-
tions; 
‘‘(iii) develop standardized, coordinated, 
and reporting protocols with respect to elder 
abuse; and 
‘‘(iv) report any instances of elder abuse in 
accordance with State law.’’; and 
(2) in subsection (b)(3)— 
(A) in subparagraph (J), by striking 
‘‘and’’; 
(B) by redesignating subparagraph (K) as 
subparagraph (L); and 
(C) by inserting after subparagraph (J) 
the following: 
‘‘(K) protection from elder abuse, neglect, 
and financial exploitation; and’’. 
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(c) STATE PLANS.—Section 307(a)(12) is amend-
ed— 
(1) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D); and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) that the State will develop and imple-
ment standardized protocols for screening and 
reporting with respect to elder abuse;’’. 
(d) SUPPORTIVE SERVICES.—Section 321(a) of the 
Older Americans Act of 1965 (42 U.S.C. 3030d(a)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘elder abuse 
and neglect screening,’’ after ‘‘mental health),’’; 
(2) in paragraph (8), by inserting ‘‘, elder 
abuse, and neglect’’ after ‘‘mental health’’; and 
(3) in paragraph (23), by inserting ‘‘, elder 
abuse, neglect, and financial exploitation’’ after 
‘‘mental health’’. 
(e) NUTRITION.—Section 339(2) of the Older Ameri-
cans Act of 1965 (42 U.S.C. 3030g–21(2)) is amended— 
(1) in subparagraph (J), by striking ‘‘, and’’ 
and inserting a comma; 
(2) in subparagraph (K), by striking the period 
at the end and inserting ‘‘, and’’; and 
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(3) by adding at the end the following: 
‘‘(L) encourages individuals who distribute 
nutrition services under subpart 2 to distribute 
information on diabetes, elder abuse, neglect, fi-
nancial exploitation, and the annual Medicare 
wellness exam.’’. 
SEC. 8. ABUSE PREVENTION EDUCATION AND TRAINING. 
(a) ACTIVITIES FOR HEALTH, INDEPENDENCE, AND 
LONGEVITY.— 
(1) OLDER
INDIVIDUALS’ PROTECTION
FROM 
VIOLENCE PROJECTS.—Section 413(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3032b(b)) is 
amended— 
(A) in paragraph (3), by striking ‘‘or’’ 
after the semicolon at the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(5) research and replicate successful models of 
elder abuse, neglect, and exploitation prevention and 
training.’’. 
(2) DEMONSTRATION, 
SUPPORT, 
AND
RE-
SEARCH PROJECTS.—Section 417(a)(1) of the Older 
Americans Act of 1965 (42 U.S.C. 3032f(a)(1)) is 
amended— 
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(A) in subparagraph (A), by striking ‘‘or’’ 
after the semicolon; 
(B) in subparagraph (B), by striking 
‘‘and’’ after the semicolon and inserting ‘‘or’’; 
and 
(C) by adding at the end the following: 
‘‘(C) engage volunteers who are older than 
50 years of age in providing support and infor-
mation to older adults (and their families or 
caretakers) who have experienced or are at risk 
of elder abuse, including physical, emotional, or 
financial abuse, neglect, or exploitation and;’’. 
(b) COMMUNITY
SERVICE
SENIOR
OPPORTUNI-
TIES.—Section 502(b)(1)(E) of the Older Americans Act 
of 1965 (42 U.S.C. 3056(b)(1)(E)) is amended by insert-
ing ‘‘, and for the health and safety of, and prevention 
and detection of elder abuse for, older adults’’ after ‘‘fami-
lies’’. 
(c) ALLOTMENTS FOR VULNERABLE ELDER RIGHTS 
PROTECTION ACTIVITIES.— 
(1) STATE
PLAN
REQUIREMENTS.—Section 
705(a)(2) of the Older Americans Act of 1965 (42 
U.S.C. 3058d(a)(2)) is amended by inserting ‘‘fam-
ily caregivers,’’ after ‘‘title VI,’’. 
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(2) STATE LONG-TERM CARE OMBUDSMAN PRO-
GRAM.— 
(A) SUPPORT OF OFFICE UNDER THE NA-
TIONAL
FAMILY
CAREGIVER
SUPPORT
PRO-
GRAM.—Section 373(g) of the Older Americans 
Act of 1965 (42 U.S.C. 3030s–1(g)) is amend-
ed by adding at the end the following: 
‘‘(3) USE
OF
FUNDS
FOR
OMBUDSMAN
PRO-
GRAM.—Amounts made available to a State to carry 
out the State program under this subpart may be 
used to support the Office of the State Long-Term 
Care Ombudsman, including supporting the develop-
ment of resident and family councils.’’. 
(B) ENSURING EFFECTIVE PROGRAMS AND 
RESIDENTS’ RIGHTS.—Section 712 of the Older 
Americans Act of 1965 (42 U.S.C. 3058g) is 
amended by adding at the end the following: 
‘‘(k) ENSURING EFFECTIVE PROGRAMS AND RESI-
DENTS’ RIGHTS.—The State agency shall ensure the Of-
fice— 
‘‘(1) provides facility residents with private and 
unimpeded access to the Office, including access to 
all records concerning the resident; and 
‘‘(2) allows all facility residents to receive serv-
ices from the Office.’’. 
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(3) PREVENTION OF ELDER ABUSE, NEGLECT, 
AND EXPLOITATION.—Section 721(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3058i(b)) is 
amended— 
(A) by redesignating paragraphs (7), (8), 
(9), (10), (11), and (12), as paragraphs (8), 
(10), (11), (12), (13), and (14), respectively; 
(B) by striking paragraph (6) and insert-
ing the following: 
‘‘(6) conducting specialized abuse sensitivity 
training for caregivers described in part E of title 
III; 
‘‘(7) conducting training for professionals and 
paraprofessionals in relevant fields on the identifica-
tion, prevention, and treatment of elder abuse, ne-
glect, and exploitation, with particular focus on pre-
vention and enhancement of self-determination and 
autonomy;’’; and 
(C) by inserting after paragraph (8), as re-
designated by subparagraph (B), the following: 
‘‘(9) conducting appropriate training to ensure 
cultural sensitivity in the provision of elder rights 
services, including training in cultural issues associ-
ated with abuse;’’. 
Æ 
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