IIB 
111TH CONGRESS 
1ST SESSION 
H. R. 448 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 12, 2009 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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, to establish programs that provide for emergency 
crisis response teams to combat elder abuse, and for 
other purposes. 
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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 2009’’. 
TITLE I—ELDER ABUSE VICTIMS 
SEC. 101. ANALYSIS, REPORT, AND RECOMMENDATIONS RE-
LATED TO ELDER JUSTICE PROGRAMS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations to carry out this section, the Attorney Gen-
eral, 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 exploi-
tation, which shall include— 
(A) a comprehensive description of State 
laws and practices relating to elder abuse, ne-
glect, and exploitation; 
(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’’; 
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(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 re-
spect to— 
(I) who is a mandated reporter; 
(II) to whom must they report 
and within what time frame; and 
(III) any consequences for not 
reporting; 
(iii) 
evidentiary, 
procedural, 
sen-
tencing, choice of remedies, and data re-
tention issues relating to pursuing cases 
relating to elder abuse, neglect, and exploi-
tation; 
(iv) laws requiring reporting of all 
nursing home deaths to the county coroner 
or to some other individual or entity; 
(v) fiduciary laws, including guardian-
ship and power of attorney laws; 
(vi) laws that permit or encourage 
banks and bank employees to prevent and 
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(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, submit to the chair-
man and ranking member of the Special Committee 
on Aging of the Senate, and the Speaker and minor-
ity leader of the House of Representatives, and the 
Secretary 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 18 
months after the date of enactment of this Act, the Comp-
troller General shall review existing Federal programs and 
initiatives in the Federal criminal justice system relevant 
to elder justice and shall submit to Congress— 
(1) a report on such programs and initiatives; 
and 
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(2) any recommendations the Comptroller Gen-
eral determines are appropriate to improve elder jus-
tice 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. 102. 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 exploitation. 
(b) AUTHORIZED ACTIVITIES.—Funds awarded pur-
suant to subsection (a) shall be used for pilot programs 
that— 
(1) develop programs for and provide training 
to health care, social, and protective services pro-
viders, 
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 exploitation. 
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(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. 
SEC. 103. SUPPORTING LOCAL PROSECUTORS AND COURTS 
IN ELDER JUSTICE MATTERS. 
(a) GRANTS AUTHORIZED.—Subject to the avail-
ability of appropriations under this section, the Attorney 
General, after consultation with the Secretary of Health 
and Human Services, shall award grants to eligible enti-
ties to provide training, technical assistance, policy devel-
opment, multidisciplinary coordination, and other types of 
support to local prosecutors and courts handling elder jus-
tice-related cases, including— 
(1) funding specially designated elder justice 
positions or units in local prosecutors’ offices and 
local courts; and 
(2) funding the creation of a Center for the 
Prosecution of Elder Abuse, Neglect, and Exploi-
tation to advise and support local prosecutors and 
courts nationwide in the pursuit of cases involving 
elder abuse, neglect, and exploitation. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
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$6,000,000 for each of the fiscal years 2009 through 
2015. 
SEC. 104. SUPPORTING STATE PROSECUTORS AND COURTS 
IN ELDER JUSTICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations under this section, the Attorney General, 
after consultation with the Secretary of Health and 
Human Services, shall award grants to eligible entities to 
provide training, technical assistance, multidisciplinary co-
ordination, policy development, and other types of support 
to State prosecutors and courts, employees of State Attor-
neys 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 in State prosecutors’ 
offices and State courts; and 
(2) the creation of a position to coordinate elder 
justice-related cases, training, technical assistance, 
and policy development for State prosecutors and 
courts. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
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$6,000,000 for each of the fiscal years 2009 through 
2015. 
SEC. 105. SUPPORTING LAW ENFORCEMENT IN ELDER JUS-
TICE MATTERS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations under this section, the Attorney General, 
after consultation with the Secretary of Health and 
Human Services, the Postmaster General, and the Chief 
Postal Inspector for the United States Postal Inspection 
Service, shall award grants to eligible entities to provide 
training, technical assistance, multidisciplinary coordina-
tion, policy development, and other types of support to po-
lice, sheriffs, detectives, public safety officers, corrections 
personnel, and other first responders who handle elder jus-
tice-related matters, to fund specially designated elder jus-
tice 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. 106. EVALUATIONS. 
(a) GRANTS UNDER THIS TITLE.— 
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(1) IN GENERAL.—In carrying out the grant 
programs under this title, 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 title for a grant program under this 
title to provide assistance to an eligible entity to 
conduct a validated evaluation of the effective-
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 title, 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 
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reasons the application was denied, and 
offer assistance to the applicant in modi-
fying the proposal. 
(b) OTHER GRANTS.—Subject to the availability of 
appropriations under this section, the Attorney General 
shall award grants to appropriate entities to conduct vali-
dated evaluations of grant activities that are funded by 
Federal funds not provided under this title, or other funds, 
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. 107. DEFINITIONS. 
In this title: 
(1) ELDER.—The term ‘‘elder’’ means an indi-
vidual age 60 or older. 
(2) ELDER JUSTICE.—The term ‘‘elder justice’’ 
means— 
(A) from a societal perspective, efforts 
to— 
(i) prevent, detect, treat, intervene in, 
and prosecute elder abuse, neglect, and ex-
ploitation; and 
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(ii) protect elders with diminished ca-
pacity while maximizing their autonomy; 
and 
(B) from an individual perspective, the rec-
ognition of an elder’s rights, including the right 
to be free of abuse, neglect, and exploitation. 
(3) ELIGIBLE
ENTITIES.—The term ‘‘eligible 
entity’’ means a State or local government agency, 
Indian tribe or tribal organization, or any other pub-
lic or nonprofit private entity that is engaged in and 
has expertise in issues relating to elder justice or a 
field necessary to promote elder justice efforts. 
TITLE II—ELDER SERVE VICTIM 
GRANT PROGRAMS 
SEC. 201. ESTABLISHMENT OF ELDER SERVE VICTIM 
GRANT PROGRAMS. 
(a) ESTABLISHMENT.—The Attorney General, acting 
through the Director of the Office of Victims of Crime 
of the Department of Justice (in this section referred to 
as the ‘‘Director’’), shall, subject to appropriations, carry 
out a three-year grant program to be known as the Elder 
Serve Victim grant program (in this section referred to 
as the ‘‘Program’’) to provide grants to eligible entities 
to establish programs to facilitate and coordinate pro-
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grams described in subsection (e) for victims of elder 
abuse. 
(b) ELIGIBILITY REQUIREMENTS FOR GRANTEES.— 
To be eligible to receive a grant under the Program, an 
entity must meet the following criteria: 
(1) ELIGIBLE CRIME VICTIM ASSISTANCE PRO-
GRAM.—The entity is a crime victim assistance pro-
gram receiving a grant under the Victims of Crime 
Act of 1984 (42 U.S.C. 1401 et seq.) for the period 
described in subsection (c)(2) with respect to the 
grant sought under this section. 
(2) COORDINATION
WITH
LOCAL
COMMUNITY 
BASED AGENCIES AND SERVICES.—The entity shall 
demonstrate to the satisfaction of the Director that 
such entity has a record of community coordination 
or established contacts with other county and local 
services that serve elderly individuals. 
(3) ABILITY
TO
CREATE
ECRT
ON
TIMELY 
BASIS.—The entity shall demonstrate to the satisfac-
tion of the Director the ability of the entity to cre-
ate, not later than 6 months after receiving such 
grant, an Emergency Crisis Response Team pro-
gram described in subsection (e)(1) and the pro-
grams described in subsection (e)(2). 
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For purposes of meeting the criteria described in para-
graph (2), for each year an entity receives a grant under 
this section the entity shall provide a record of community 
coordination or established contacts described in such 
paragraph through memoranda of understanding, con-
tracts, subcontracts, and other such documentation. 
(c) ADMINISTRATIVE PROVISIONS.— 
(1) CONSULTATION.—Each program established 
pursuant to this section shall be developed and car-
ried out in consultation with the following entities, 
as appropriate: 
(A) Relevant Federal, State, and local pub-
lic and private agencies and entities, relating to 
elder abuse, neglect, and exploitation and other 
crimes against elderly individuals. 
(B) Local law enforcement including po-
lice, sheriffs, detectives, public safety officers, 
corrections personnel, prosecutors, medical ex-
aminers, investigators, and coroners. 
(C) Long-term care and nursing facilities. 
(2) GRANT
PERIOD.—Grants under the Pro-
gram shall be issued for a three-year period. 
(3) LOCATIONS.—The Program shall be carried 
out in six geographically and demographically di-
verse locations, taking into account— 
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(A) the number of elderly individuals resid-
ing in or near an area; and 
(B) the difficulty of access to immediate 
short-term housing and health services for vic-
tims of elder abuse. 
(d) PERSONNEL.—In providing care and services, 
each program established pursuant to this section may 
employ a staff to assist in creating an Emergency Crisis 
Response Teams under subsection (e)(1). 
(e) USE OF GRANTS.— 
(1) EMERGENCY
CRISIS
RESPONSE
TEAM.— 
Each entity that receives a grant under this section 
shall use such grant to establish an Emergency Cri-
sis Response Team program by not later than the 
date that is six months after the entity receives the 
grant. Under such program the following shall 
apply: 
(A) Such program shall include immediate, 
short-term emergency services, including shel-
ter, care services, food, clothing, transportation 
to medical or legal appointment as appropriate, 
and any other life services deemed necessary by 
the entity for victims of elder abuse. 
(B) Such program shall provide services to 
victims of elder abuse, including those who have 
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