Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

110th Congress                                            Rept. 110-864
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================



 
                    ELDER ABUSE VICTIMS ACT OF 2008

                                _______
                                

               September 22, 2008.--Ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 5352]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 5352) 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, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     9
Background and Need for the Legislation..........................     9
Hearings.........................................................    10
Committee Consideration..........................................    10
Committee Votes..................................................    10
Committee Oversight Findings.....................................    11
New Budget Authority and Tax Expenditures........................    11
Congressional Budget Office Cost Estimate........................    11
Performance Goals and Objectives.................................    12
Constitutional Authority Statement...............................    12
Advisory on Earmarks.............................................    13
Section-by-Section Analysis......................................    15
Changes in Existing Law Made by the Bill, as Reported............    17
Additional Views.................................................    24

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elder Abuse Victims Act of 2008''.

SEC. 2. ANALYSIS, REPORT, AND RECOMMENDATIONS RELATED TO ELDER JUSTICE 
                    PROGRAMS.

    (a) In General.--Subject to the availability of appropriations 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 practices relating 
        to elder abuse, neglect, and exploitation, which shall 
        include--
                    (A) a comprehensive description of State laws and 
                practices relating to elder abuse, neglect, and 
                exploitation;
                    (B) a comprehensive analysis of the effectiveness 
                of such State laws and practices; and
                    (C) an examination of State laws and practices 
                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 Attorney 
                                General determines to be appropriate;
                            (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 
                                reporting;
                            (iii) evidentiary, procedural, sentencing, 
                        choice of remedies, and data retention issues 
                        relating to pursuing cases relating to elder 
                        abuse, neglect, and exploitation;
                            (iv) laws requiring reporting of all 
                        nursing home deaths to the county coroner or to 
                        some other individual or entity;
                            (v) fiduciary laws, including guardianship 
                        and power of attorney laws;
                            (vi) laws that permit or encourage banks 
                        and bank employees to prevent and report 
                        suspected elder abuse, neglect, and 
                        exploitation;
                            (vii) laws relating to fraud and related 
                        activities in connection with mail, 
                        telemarketing, or the Internet;
                            (viii) laws that may impede research on 
                        elder abuse, neglect, and exploitation;
                            (ix) practices relating to the enforcement 
                        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 justice programs and 
        activities relating to--
                    (A) prevention and detection of elder abuse, 
                neglect, and exploitation;
                    (B) intervention and treatment for victims of elder 
                abuse, neglect, and exploitation;
                    (C) training, evaluation, and research related 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 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, priorities, 
                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, implement, 
                maintain, and improve elder justice systems, based on 
                such findings.
    (b) GAO Recommendations.--Not later than one year after the date of 
the enactment of this Act, the Comptroller General shall report to 
Congress any recommendations 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 exploitation.
    (b) Authorized Activities.--Funds awarded pursuant 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 exploitation.
    (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. 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 coordination, and other types of support 
to local prosecutors and courts handling elder justice-related cases, 
including--
            (1) funding specially designated elder justice positions or 
        units; and
            (2) funding the creation of a Center for the Prosecution of 
        Elder Abuse, Neglect, and Exploitation by the American 
        Prosecutor Research Institute of the National 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 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, multidisciplinary coordination, policy 
development, 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 General 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 JUSTICE MATTERS.

    (a) In General.--Subject to the availability of appropriations 
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 provide training, technical assistance, 
multidisciplinary coordination, policy development, and other types of 
support to police, sheriffs, detectives, public safety officers, 
corrections personnel, and other first responders 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 appropriate, 
                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 effectiveness 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 information as the Attorney General 
                may require, which shall include--
                            (i) a proposal for the evaluation required 
                        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 nongovernmental member of 
                        the Advisory Board of Elder Abuse, Neglect, and 
                        Exploitation (established under title XX of the 
                        Social Security Act (42 U.S.C. 1397 et seq.), 
                        as amended by this Act) with expertise in 
                        evaluation methodology, shall review each 
                        application described in subparagraph (A) and 
                        determine whether the methodology described in 
                        the proposal under subparagraph (A)(i) is 
                        adequate to gather meaningful information.
                            (ii) Denial.--If the reviewing employee 
                        determines the methodology described in such 
                        proposal is inadequate, the reviewing employee 
                        shall recommend that the Attorney 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 modifying 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 validated evaluations of grant 
activities that are funded by Federal 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 Security Act (42 
        U.S.C. 1397 et seq.) is amended--
                    (A) in the title heading, by inserting ``AND ELDER 
                JUSTICE'' after ``SOCIAL SERVICES'';
                    (B) by inserting before section 2001 the following:

        ``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 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) 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 individual who provides (on behalf of such individual or 
        of a public or private agency, organization, or institution) 
        compensated or uncompensated care to an elder who needs 
        supportive services in any setting.
            ``(3) Elder.--The term `elder' means an individual age 60 
        or older.
            ``(4) 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 
                        exploitation; and
                            ``(ii) 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 exploitation.
            ``(5) Exploitation.--The term `exploitation' means the 
        fraudulent or otherwise illegal, unauthorized, or improper act 
        or process of an individual, including a caregiver or 
        fiduciary, that uses the resources of an elder for monetary or 
        personal benefit, profit, or gain, or that results in depriving 
        an elder of rightful access to, or use of, benefits, resources, 
        belongings, or assets.
            ``(6) 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 
                conservator, an executor, an agent under a financial 
                power of attorney or health care power of attorney, or 
                a representative payee.
            ``(7) Guardianship.--The term `guardianship' means--
                    ``(A) the process by which a State court determines 
                that an adult individual lacks capacity to make 
                decisions about self-care and property, and appoints 
                another individual or entity known as a guardian, as a 
                conservator, or by a similar term, as a surrogate 
                decisionmaker;
                    ``(B) the manner in which the court-appointed 
                surrogate decisionmaker carries out duties to the 
                individual and the court; or
                    ``(C) the manner in which the court exercises 
                oversight of the surrogate decisionmaker.
            ``(8) Long-term care.--
                    ``(A) In general.--The term `long-term care' means 
                supportive and health services specified by the 
                Secretary for individuals who need assistance because 
                the individuals have a loss of capacity for self-care 
                due to illness, disability, or vulnerability.
                    ``(B) Loss of capacity for self-care.--For purposes 
                of subparagraph (A), the term `loss of capacity for 
                self-care' means an inability to engage in 1 or more 
                activities of daily living, including eating, dressing, 
                bathing, and management of one's financial affairs.
            ``(9) Neglect.--The term `neglect' means--
                    ``(A) the failure of a caregiver or fiduciary to 
                provide the goods or services that are necessary to 
                maintain the health or safety of an elder; or
                    ``(B) self-neglect.
            ``(10) Self-neglect.--The term `self-neglect' means an 
        adult's inability, due to physical or mental impairment or 
        diminished capacity, to perform essential self-care tasks 
        including--
                    ``(A) obtaining essential food, clothing, shelter, 
                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.

``SEC. 2012. GENERAL PROVISIONS.

    ``(a) Protection of Privacy.--In pursuing activities under this 
part, the Secretary shall ensure the protection of individual health 
privacy consistent with the regulations promulgated under section 
264(c) of the Health Insurance Portability and Accountability Act of 
1996 and applicable State and local privacy regulations.
    ``(b) Rule of Construction.--Nothing in this part shall be 
construed to interfere with or abridge an elder's right to practice his 
or her religion through reliance on prayer alone for healing when this 
choice--
            ``(1) is contemporaneously expressed, either orally or in 
        writing, with respect to a specific illness or injury which the 
        elder has at the time of the decision by an elder who is 
        competent at the time of the decision;
            ``(2) is previously set forth in a living will, health care 
        proxy, or other advance directive document that is validly 
        executed and applied under State law; or
            ``(3) may be unambiguously deduced from the elder's life 
        history.

``SEC. 2013. ELDER JUSTICE COORDINATING COUNCIL.

    ``(a) Establishment.--There is established within the Office of the 
Secretary an Elder Justice Coordinating Council (in this section 
referred to as the `Council').
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of the 
        following members:
                    ``(A) The Secretary (or the Secretary's designee).
                    ``(B) The Attorney General (or the Attorney 
                General's designee).
                    ``(C) The head of each Federal department or agency 
                or other governmental entity identified by the Chair 
                referred to in subsection (d) as having 
                responsibilities, or administering programs, relating 
                to elder abuse, neglect, and exploitation.
            ``(2) Requirement.--Each member of the Council shall be an 
        officer or employee of the Federal Government.
    ``(c) Vacancies.--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) Chair.--The member described in subsection (b)(1)(A) shall be 
Chair of the Council.
    ``(e) Meetings.--The Council shall meet at least 2 times per year, 
as determined by the Chair.
    ``(f) Duties.--
            ``(1) In general.--The Council shall make recommendations 
        to the Secretary for the coordination of activities of the 
        Department of Health and Human Services, the Department of 
        Justice, and other relevant Federal, State, local, and private 
        agencies and entities, relating to elder abuse, neglect, and 
        exploitation and other crimes against elders.
            ``(2) Report.--Not later than the date that is 2 years 
        after the date of enactment of the Elder Abuse Victims Act of 
        2008 and every 2 years thereafter, the Council shall submit to 
        the Committee on Finance of the Senate and the Committee on 
        Ways and Means and the Committee on Energy and Commerce of the 
        House of Representatives a report that--
                    ``(A) describes the activities and accomplishments 
                of, and challenges faced by--
                            ``(i) the Council; and
                            ``(ii) the entities represented on the 
                        Council; and
                    ``(B) makes such recommendations for legislation, 
                model laws, or other action as the Council determines 
                to be appropriate.
    ``(g) Powers of the Council.--
            ``(1) Information from federal agencies.--Subject to the 
        requirements of section 2012(a), the Council may secure 
        directly from any Federal department or agency such information 
        as the Council considers necessary to carry out this section. 
        Upon request of the Chair of the Council, the head of such 
        department or agency shall furnish such information to the 
        Council.
            ``(2) 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 shall not 
receive compensation for the performance of services for the Council. 
The members shall be allowed travel expenses, including per diem in 
lieu of subsistence, 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 Council. Notwithstanding section 1342 of title 31, 
United States Code, the Secretary may accept the voluntary and 
uncompensated services of the members of the Council.
    ``(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 
privilege.
    ``(j) Status as Permanent Council.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.

``SEC. 2014. 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, Neglect, and Exploitation' (in this 
section referred to as the `Advisory Board') to create short- and long-
term multidisciplinary strategic plans for the development of the field 
of elder justice and to make recommendations to the Elder Justice 
Coordinating Council established under section 2013.
    ``(b) Composition.--The Advisory Board shall be composed of 27 
members appointed by the Secretary from among members of the general 
public who are individuals with experience and expertise in elder 
abuse, neglect, and exploitation prevention, detection, treatment, 
intervention, or prosecution.
    ``(c) Solicitation of Nominations.--The Secretary shall publish a 
notice in the Federal Register soliciting nominations for the 
appointment of members of the Advisory Board under subsection (b).
    ``(d) Terms.--
            ``(1) In general.--Each member of the Advisory Board shall 
        be appointed for a term of 3 years, except that, of the members 
        first appointed--
                    ``(A) 9 shall be appointed for a term of 3 years;
                    ``(B) 9 shall be appointed for a term of 2 years; 
                and
                    ``(C) 9 shall be appointed for a term of 1 year.
            ``(2) Vacancies.--
                    ``(A) In general.--Any vacancy on the Advisory 
                Board shall not affect its powers, but shall be filled 
                in the same manner as the original appointment was 
                made.
                    ``(B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
            ``(3) Expiration of terms.--The term of any member shall 
        not expire before the date on which the member's successor 
        takes office.
    ``(e) Election of Officers.--The Advisory Board shall elect a Chair 
and Vice Chair from among its members. The Advisory Board shall elect 
its initial Chair and Vice Chair at its initial meeting.
    ``(f) Duties.--
            ``(1) Enhance communication on promoting quality of, and 
        preventing abuse and neglect in, long-term care.--The Advisory 
        Board shall develop collaborative and innovative approaches to 
        improve the quality of, including preventing abuse and neglect 
        in, long-term care.
            ``(2) Collaborative efforts to develop consensus around the 
        management of certain quality-related factors.--
                    ``(A) In general.--The Advisory Board shall 
                establish multidisciplinary panels to address, and 
                develop consensus on, subjects relating to improving 
                the quality of long-term care. At least 1 such panel 
                shall address, and develop consensus on, methods for 
                managing resident-to-resident abuse in long-term care.
                    ``(B) Activities conducted.--The multidisciplinary 
                panels established under subparagraph (A) shall examine 
                relevant research and data, identify best practices 
                with respect to the subject of the panel, determine the 
                best way to carry out those best practices in a 
                practical and feasible manner, and determine an 
                effective manner of distributing information on such 
                subject.
            ``(3) Report.--Not later than the date that is 18 months 
        after the date of enactment of the Elder Abuse Victims Act of 
        2008, and annually thereafter, the Advisory Board shall prepare 
        and submit to the Elder Justice Coordinating Council, the 
        Committee on Finance of the Senate, and the Committee on Ways 
        and Means and the Committee on Energy and Commerce of the House 
        of Representatives a report containing--
                    ``(A) information on the status of Federal, State, 
                and local public and private elder justice activities;
                    ``(B) recommendations (including recommended 
                priorities) regarding--
                            ``(i) elder justice programs, research, 
                        training, services, practice, enforcement, and 
                        coordination;
                            ``(ii) coordination between entities 
                        pursuing 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 neglect; and
                            ``(iii) activities relating to adult 
                        fiduciary systems, including guardianship and 
                        other fiduciary arrangements;
                    ``(C) recommendations for specific modifications 
                needed in Federal and State laws (including 
                regulations) or for programs, research, and training to 
                enhance prevention, detection, and treatment (including 
                diagnosis) of, intervention in (including investigation 
                of), and prosecution of elder abuse, neglect, and 
                exploitation;
                    ``(D) recommendations on methods for the most 
                effective coordinated national data collection with 
                respect to elder justice, and elder abuse, neglect, and 
                exploitation; and
                    ``(E) recommendations for a multidisciplinary 
                strategic plan to guide the effective and efficient 
                development of the field of elder justice.
    ``(g) Powers of the Advisory Board.--
            ``(1) Information from federal agencies.--Subject to the 
        requirements of section 2012(a), 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 Chair of the Advisory Board, the 
        head of such department or agency shall furnish such 
        information to the Advisory Board.
            ``(2) Sharing of data and reports.--The Advisory Board may 
        request from any entity pursuing elder justice activities under 
        the Elder Abuse Victims Act of 2008 or an amendment made by 
        such Act, any data, reports, or recommendations generated in 
        connection with such activities.
            ``(3) Postal services.--The Advisory Board 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 Advisory Board shall not 
receive compensation for the performance of services for the Advisory 
Board. The members shall be allowed travel expenses for up to 4 
meetings per year, including per diem in lieu of subsistence, 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 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 Advisory Board without reimbursement, 
and such detail shall be without interruption or loss of civil service 
status or privilege.
    ``(j) Status as Permanent Advisory Committee.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
advisory board.

``SEC. 2015. RESEARCH PROTECTIONS.

    ``(a) Guidelines.--The Secretary shall promulgate guidelines to 
assist researchers working in the area of elder abuse, neglect, and 
exploitation, with issues relating to human subject protections.
    ``(b) Definition of Legally Authorized Representative for 
Application of Regulations.--For purposes of the application of subpart 
A of part 46 of title 45, Code of Federal Regulations, to research 
conducted under this chapter the term `legally authorized 
representative' means, unless otherwise provided by law, the individual 
or judicial or other body authorized under the applicable law to 
consent to medical treatment on behalf of another person.

``SEC. 2016. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
chapter--
            ``(1) for fiscal year 2009, $6,500,000; and
            ``(2) for each of fiscal years 2010 through 2012, 
        $7,000,000.''.

SEC. 9. REAUTHORIZATION OF THE MISSING ALZHEIMER'S DISEASE PATIENT 
                    ALERT PROGRAM.

    Section 240001 of the Violent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 14181) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Grant.--Subject to the availability of appropriations to 
carry out this section, the Attorney General, through the Bureau of 
Justice Assistance and in consultation with the Secretary of Health and 
Human Services, shall award competitive grants to States, units of 
local government, and nonprofit organizations to assist such States, 
units, and organizations, respectively, in paying for the costs of 
planning, designing, establishing, and operating locally based, 
proactive programs to protect and locate missing patients with 
Alzheimer's disease and related dementias and other missing elderly 
individuals.'';
            (2) in subsection (b)--
                    (A) by inserting ``competitive'' after ``to receive 
                a''; and
                    (B) by adding at the end the following new 
                sentence: ``The Attorney General shall periodically 
                solicit applications for grants under this section by 
                publishing a request for applications in the Federal 
                Register and by posting such a request on the website 
                of the Department of Justice.'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Preference.--In awarding grants under subsection (a), the 
Attorney General shall give preference to nonprofit organizations that 
have a direct link to patients, and families of patients, with 
Alzheimer's disease and related dementias.''; and
            (4) by amending subsection (d) to read as follows:
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for each of the 
fiscal years 2009 through 2015.''.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Elder.--The term ``elder'' means an individual 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 
                        exploitation; and
                            (ii) 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 exploitation.

                          Purpose and Summary

    The Elder Abuse Victims Act of 2008 addresses the problem 
of elder abuse. It requires the Attorney General to research 
State laws and practices relating to elder abuse, neglect, and 
exploitation; develop objectives, priorities, policies, and a 
long-term plan for elder justice programs and activities; and 
report its findings. It requires the Comptroller General to 
report to Congress any recommendations regarding Federal 
legislation, regulations, and programs. The Act authorizes the 
Attorney General to award grants to provide training, 
assistance, and other support to local and State prosecutors 
and courts, police, and other first responders in matters 
relating to elder justice. It amends Title XX of the Social 
Security Act to add a new subpart on Elder Justice, 
establishing a national Elder Justice Coordinating Council and 
an Advisory Board on Elder Abuse, Neglect, and Exploitation. It 
also reauthorizes the Missing Alzheimer's Disease Patient Alert 
Program, and directs the Attorney General to award competitive 
grants to States, units of local government, and nonprofit 
organizations for establishing and operating locally based 
programs to protect and locate missing patients with 
Alzheimer's disease and related dementias.

                Background and Need for the Legislation

    H.R. 5352 addresses two significant problems affecting 
elderly Americans. One is when they are abused at the hands of 
their caretakers and others. The other is when they go missing, 
suffering from Alzheimers or dementia, foul play, or other 
unusual circumstances.
    Each year in the United States, between one-half million to 
five million elders are abused, neglected or exploited. Experts 
agree that most cases are never reported. Data collected on the 
problem is minimal, and there has been no comprehensive 
national approach to solving the problem. In fact, prior to the 
hearing on this bill, the House had held only one hearing on 
elder abuse, more than 16 years ago, in 1991. These problems 
will likely increase over the next 30 years, as 76 million baby 
boomers approach retirement.
    Elder abuse is not always easy to detect. Abuse includes 
not only physical abuse, but also sexual and emotional abuse, 
financial exploitation, neglect, and abandonment. Training and 
education are critically needed to help those who live or work 
with elderly individuals, so they can recognize the symptoms of 
elder abuse and meaningfully address the problem. A national 
response to elder abuse also is needed, as many aspects of 
elder abuse are national in scope or can benefit from a 
national enforcement and remedial approach.
    In addition, thousands of vulnerable older adults go 
missing each year as a result of dementia, diminished capacity, 
foul play, or other unusual circumstances. The Alzheimer's 
Foundation of America estimates that over five million 
Americans suffer from Alzheimer's disease, and that sixty 
percent of these are likely to wander from their homes. 
Alzheimer's disease and other dementia-related illnesses often 
leave their victims disoriented and confused and unable to find 
their way home. According to the Alzheimer's Association, up to 
50% of wanderers risk serious illness, injury, or death if not 
found within 24 hours.\1\
---------------------------------------------------------------------------
    \1\Alzheimer's Association, ``Issue Kit: Public Policy Response to 
Wandering Behavior,'' Washington Public Policy Office, Alzheimer's 
Association, Sept. 2006.
---------------------------------------------------------------------------
    The Missing Alzheimer's Disease Patient Alert Program, 
administered by the Department of Justice, is the only Federal 
program that currently provides grant funding to locate 
vulnerable elderly individuals who go missing. Authorization 
for this program ceased in 1998, though Congress has continued 
to appropriate some monies for it through fiscal year 2008, 
when it appropriated $940,000.\2\
---------------------------------------------------------------------------
    \2\H. Rept. 107-278 (FY 2002); H. Rept. 108-10 (FY 2003); H. Rept. 
108-401 (FY 2004); H. Rept. 108-792 (FY 2005); H. Rept. 109-272 (FY 
2006); P.L. 110-5 (FY 2007); U.S. House, Committee on Appropriations, 
Joint Explanatory Statement to Accompany FY 2008 Consolidated 
Appropriations Amendment to H.R. 2764 (P.L. 110-161), Division B (FY 
2008).
---------------------------------------------------------------------------

                                Hearings

    The Subcommittee on Crime, Terrorism, and Homeland Security 
held 1 day of hearings on H.R. 5352, and the related bill, H.R. 
1783, the Elder Justice Act, on April 17, 2008. Testimony was 
received from the Honorable Rahm Emanuel; the Honorable Joe 
Sestak; Robert Blancato, Elder Justice Coalition; Sherry 
Friedlander, A Child is Missing Alert and Recovery Center; and 
Vernon Keenan, Georgia Bureau of Investigation; with additional 
material submitted by the National Center for State Courts, the 
National Association of Local Long Term Care Ombudsmen, and the 
American Bar Association Commission on Law and Aging.

                        Committee Consideration

    On May 13, 2008, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered the bill, 
H.R. 5352, favorably reported, without amendment, by voice 
vote, a quorum being present. On June 11, 2008, the Committee 
met in open session and ordered the bill, H.R. 5352, favorably 
reported with an amendment, by voice vote, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 5352.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 5352, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5352, the ``Elder 
Abuse Victims Act of 2008.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 5352--Elder Abuse Victims Act of 2008.

                                SUMMARY

    H.R. 5352 would authorize the appropriation of $315 million 
over the 2009-2015 period for programs to improve the treatment 
of elderly victims in the justice system. Most of these funds 
would be for Department of Justice grants to state and local 
governments. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing the bill would cost $173 
million over the 2009-2013 period, with remaining amounts spent 
in subsequent years. Enacting H.R. 5352 would not affect direct 
spending or revenues.
    H.R. 5352 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 5352 is shown in the 
following table. CBO assumes that the amounts authorized by the 
bill will be appropriated near the start of each fiscal year 
and that outlays will follow the historical rates of spending 
for similar activities. The costs of this legislation fall 
within budget functions 750 (administration of justice) and 500 
(education, training, employment, and social services).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                    2009   2010   2011   2012   2013   2009-2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level                                                   48     48     48     48     41         233
 
Estimated Outlays                                                     17     31     38     43     44         173
----------------------------------------------------------------------------------------------------------------

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 5352 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments. The bill would benefit those 
governments by authorizing grant programs to prevent elder 
abuse; any costs related to applying for the grants would be 
incurred voluntarily.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Leo Lex and 
    Santiago Vallinas (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5352 is designed to survey existing State laws and practices 
regarding elder abuse and develop policies and plans; make 
recommendations regarding Federal laws; authorize grants for 
training and assistance to local and State law enforcement, 
prosecutors, and courts; establish a national Elder Justice 
Coordinating Council and an Advisory Board on Elder Abuse, 
Neglect and Exploitation; and reauthorize the Missing 
Alzheimer's Disease Patient Alert Program.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5352 does not contain any 
limited tax benefits or limited tariff benefits as defined in 
clause 9(e) or 9(f). The Committee is treating the bill, which 
authorizes grants in specific amounts to specific entities, as 
an earmark, as defined in clause 9(d), and is treating the 
sponsor of the bill, Joe Sestak, as the requester, the American 
Prosecutor Research Institute of the National District 
Attorneys Association and the National Association of Attorneys 
General as the recipients, and the separate authorizations of 
$6 million per year for each fiscal year 2009-2015, as the 
requested amount for each recipient.


                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Elder Abuse Victims Act of 2008.''
    Sec. 2. Analysis, Report, and Recommendations Related to 
Elder Justice Programs. Section 2 requires the Attorney General 
to conduct a study of laws and practices relating to elder 
abuse, neglect, and exploitation, and to develop objectives, 
priorities, policies, and a long-term plan for elder justice 
programs. The Comptroller General is to report to Congress any 
recommendations regarding Federal legislation, regulations, or 
programs to improve elder justice in the United States. This 
section authorizes $6,000,000 for each fiscal year 2009 through 
2015.
    Sec. 3. Victim Advocacy Grants. Section 3 authorizes the 
Attorney General to award grants to study the special needs of 
victims of elder abuse, neglect, and exploitation. Funded 
activities include pilot programs for training and for the 
examination of special approaches to meet these needs. The 
section authorizes $3 million for each fiscal year 2009 through 
2015.
    Sec. 4. Supporting Local Prosecutors and Courts in Elder 
Justice Matters. Section 4 authorizes the Attorney General to 
award grants to provide training, technical assistance, policy 
development, multi-disciplinary coordination, and other types 
of support to local prosecutors and courts handling elder 
justice-related cases. Authorized activities include funding 
specially designated elder-justice positions or units and the 
creation of a Center for the Prosecution of Elder Abuse, 
Neglect, and Exploitation in the American Prosecutor Research 
Institute of the National District Attorneys Association or 
another similarly situated entity. The section authorizes 
$6,000,000 for each fiscal year 2009 through 2015.
    Sec. 5. Supporting State Prosecutors and Courts in Elder 
Justice Matters. Section 5 authorizes the Attorney General to 
award grants to provide training, assistance, and other support 
to State prosecutors and courts, employees of State Attorneys 
General, and Medicaid Fraud Control Units handling elder 
justice-related matters. Similarly to the local grants, grants 
may be made for the establishment of specially designated 
elder-justice positions or units, and for 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 General or other similarly situated entity. The 
section authorizes $6,000,000 for each fiscal year 2009 through 
2015.
    Sec. 6. Supporting Law Enforcement in Elder Justice 
Matters. Section 6 authorizes the Attorney General to award 
grants to provide training and other assistance and support to 
police, sheriffs, detectives, public safety officers, 
corrections personnel, and other first responders who handle 
elder justice-related matters. The section authorizes $8 
million for each fiscal year 2009 through 2015.
    Sec. 7. Evaluations.  Section 7 directs the Attorney 
General to require each grant recipient to evaluate the 
effectiveness of the funded activities. In the alternative, the 
Attorney General may fund an eligible entity to conduct the 
evaluation. The Act sets forth an application process, and 
authorizes the Attorney General to award grants to conduct 
evaluations of grant activities that are funded by Federal 
funds not provided under this Act. This section authorizes $7 
million for each fiscal year 2009 through 2015.
    Sec. 8. Elder Justice. Section 8 amends Title XX of the 
Social Security Act to add a new Part B, ``Elder Justice,'' to 
include new sections 2011-2016.
    New section 2011 provides new definitions for terms used in 
this Act.
    New section 2012 requires the Secretary of Health and Human 
Services to ensure the protection of individual health privacy 
consistent with the regulations under the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) and 
applicable State and local privacy regulations. It adds a rule 
of construction that respects religious beliefs in health care 
treatment decisions.
    New section 2013 establishes an Elder Justice Coordinating 
Council within the Office of the Secretary, composed of the 
Secretary, the Attorney General, and head of each Federal 
department or agency having responsibilities relating to elder 
abuse. The Council is to make recommendations to the Secretary 
for the coordination of activities of the Department of Health 
and Human Services, the Department of Justice, and other 
relevant public and private agencies, and to submit biannual 
reports.
    New section 2014 establishes an Advisory Board on Elder 
Abuse, Neglect, and Exploitation to create short- and long-term 
strategic plans and to make recommendations to the Council. The 
Board is to establish multidisciplinary panels to develop 
consensus on subjects relating to improving the quality of 
long-term care. The panels are to examine relevant research and 
data, identify best practices, determine an effective manner of 
distributing information, and submit annual reports.
    New section 2015 requires the Secretary to promulgate 
guidelines to assist researchers.
    New section 2016 authorizes $6.5 million for fiscal year 
2009, and $7 million for each fiscal year 2010-2012.
    Sec. 9. Reauthorization of the Missing Alzheimer's Disease 
Patient Alert Program. Section 9 amends Section 240001 of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. Sec. 14181). It directs the Attorney General to award 
competitive grants to States, units of local government, and 
nonprofit organizations for planning, designing, establishing, 
and operating locally based, proactive programs to protect and 
locate missing patients with Alzheimer's disease and other 
dementias and other missing elderly individuals.
    Section 9 modifies the existing program by requiring 
competitive grants and by requiring the Attorney General to 
periodically solicit applications for grants by publishing 
application requests in the Federal Register and on the 
Department of Justice website. The Act requires the Attorney 
General to give preference to national nonprofit organizations 
that have a direct link to patients, and families of patients, 
with Alzheimer's disease and other dementias. The section 
authorizes $5,000,000 for each of the fiscal years 2009-2015.
    Sec. 10. Definitions. Section 10 defines the terms 
``elder'' and ``elder justice.''

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                          SOCIAL SECURITY ACT



           *       *       *       *       *       *       *
 TITLE XX--BLOCK GRANTS TO STATES FOR SOCIAL SERVICES AND ELDER JUSTICE

Part A--Block Grants to States for Social Services

           *       *       *       *       *       *       *


                         Part B--Elder Justice

SEC. 2011. DEFINITIONS.

    In this part:
            (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) 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 individual who 
        provides (on behalf of such individual or of a public 
        or private agency, organization, or institution) 
        compensated or uncompensated care to an elder who needs 
        supportive services in any setting.
            (3) Elder.--The term ``elder'' means an individual 
        age 60 or older.
            (4) 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 exploitation; and
                            (ii) 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 
                exploitation.
            (5) Exploitation.--The term ``exploitation'' means 
        the fraudulent or otherwise illegal, unauthorized, or 
        improper act or process of an individual, including a 
        caregiver or fiduciary, that uses the resources of an 
        elder for monetary or personal benefit, profit, or 
        gain, or that results in depriving an elder of rightful 
        access to, or use of, benefits, resources, belongings, 
        or assets.
            (6) 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 
                conservator, an executor, an agent under a 
                financial power of attorney or health care 
                power of attorney, or a representative payee.
            (7) Guardianship.--The term ``guardianship'' 
        means--
                    (A) the process by which a State court 
                determines that an adult individual lacks 
                capacity to make decisions about self-care and 
                property, and appoints another individual or 
                entity known as a guardian, as a conservator, 
                or by a similar term, as a surrogate 
                decisionmaker;
                    (B) the manner in which the court-appointed 
                surrogate decisionmaker carries out duties to 
                the individual and the court; or
                    (C) the manner in which the court exercises 
                oversight of the surrogate decisionmaker.
            (8) Long-term care.--
                    (A) In general.--The term ``long-term 
                care'' means supportive and health services 
                specified by the Secretary for individuals who 
                need assistance because the individuals have a 
                loss of capacity for self-care due to illness, 
                disability, or vulnerability.
                    (B) Loss of capacity for self-care.--For 
                purposes of subparagraph (A), the term ``loss 
                of capacity for self-care'' means an inability 
                to engage in 1 or more activities of daily 
                living, including eating, dressing, bathing, 
                and management of one's financial affairs.
            (9) Neglect.--The term ``neglect'' means--
                    (A) the failure of a caregiver or fiduciary 
                to provide the goods or services that are 
                necessary to maintain the health or safety of 
                an elder; or
                    (B) self-neglect.
            (10) Self-neglect.--The term ``self-neglect'' means 
        an adult's inability, due to physical or mental 
        impairment or diminished capacity, to perform essential 
        self-care tasks including--
                    (A) obtaining essential food, clothing, 
                shelter, 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.

SEC. 2012. GENERAL PROVISIONS.

    (a) Protection of Privacy.--In pursuing activities under 
this part, the Secretary shall ensure the protection of 
individual health privacy consistent with the regulations 
promulgated under section 264(c) of the Health Insurance 
Portability and Accountability Act of 1996 and applicable State 
and local privacy regulations.
    (b) Rule of Construction.--Nothing in this part shall be 
construed to interfere with or abridge an elder's right to 
practice his or her religion through reliance on prayer alone 
for healing when this choice--
            (1) is contemporaneously expressed, either orally 
        or in writing, with respect to a specific illness or 
        injury which the elder has at the time of the decision 
        by an elder who is competent at the time of the 
        decision;
            (2) is previously set forth in a living will, 
        health care proxy, or other advance directive document 
        that is validly executed and applied under State law; 
        or
            (3) may be unambiguously deduced from the elder's 
        life history.

SEC. 2013. ELDER JUSTICE COORDINATING COUNCIL.

    (a) Establishment.--There is established within the Office 
of the Secretary an Elder Justice Coordinating Council (in this 
section referred to as the ``Council'').
    (b) Membership.--
            (1) In general.--The Council shall be composed of 
        the following members:
                    (A) The Secretary (or the Secretary's 
                designee).
                    (B) The Attorney General (or the Attorney 
                General's designee).
                    (C) The head of each Federal department or 
                agency or other governmental entity identified 
                by the Chair referred to in subsection (d) as 
                having responsibilities, or administering 
                programs, relating to elder abuse, neglect, and 
                exploitation.
            (2) Requirement.--Each member of the Council shall 
        be an officer or employee of the Federal Government.
    (c) Vacancies.--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) Chair.--The member described in subsection (b)(1)(A) 
shall be Chair of the Council.
    (e) Meetings.--The Council shall meet at least 2 times per 
year, as determined by the Chair.
    (f) Duties.--
            (1) In general.--The Council shall make 
        recommendations to the Secretary for the coordination 
        of activities of the Department of Health and Human 
        Services, the Department of Justice, and other relevant 
        Federal, State, local, and private agencies and 
        entities, relating to elder abuse, neglect, and 
        exploitation and other crimes against elders.
            (2) Report.--Not later than the date that is 2 
        years after the date of enactment of the Elder Abuse 
        Victims Act of 2008 and every 2 years thereafter, the 
        Council shall submit to the Committee on Finance of the 
        Senate and the Committee on Ways and Means and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report that--
                    (A) describes the activities and 
                accomplishments of, and challenges faced by--
                            (i) the Council; and
                            (ii) the entities represented on 
                        the Council; and
                    (B) makes such recommendations for 
                legislation, model laws, or other action as the 
                Council determines to be appropriate.
    (g) Powers of the Council.--
            (1) Information from federal agencies.--Subject to 
        the requirements of section 2012(a), the Council may 
        secure directly from any Federal department or agency 
        such information as the Council considers necessary to 
        carry out this section. Upon request of the Chair of 
        the Council, the head of such department or agency 
        shall furnish such information to the Council.
            (2) 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 shall not 
receive compensation for the performance of services for the 
Council. The members shall be allowed travel expenses, 
including per diem in lieu of subsistence, 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 Council. Notwithstanding section 1342 of title 31, United 
States Code, the Secretary may accept the voluntary and 
uncompensated services of the members of the Council.
    (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 privilege.
    (j) Status as Permanent Council.--Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Council.

SEC. 2014. 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, Neglect, and 
Exploitation'' (in this section referred to as the ``Advisory 
Board'') to create short- and long-term multidisciplinary 
strategic plans for the development of the field of elder 
justice and to make recommendations to the Elder Justice 
Coordinating Council established under section 2013.
    (b) Composition.--The Advisory Board shall be composed of 
27 members appointed by the Secretary from among members of the 
general public who are individuals with experience and 
expertise in elder abuse, neglect, and exploitation prevention, 
detection, treatment, intervention, or prosecution.
    (c) Solicitation of Nominations.--The Secretary shall 
publish a notice in the Federal Register soliciting nominations 
for the appointment of members of the Advisory Board under 
subsection (b).
    (d) Terms.--
            (1) In general.--Each member of the Advisory Board 
        shall be appointed for a term of 3 years, except that, 
        of the members first appointed--
                    (A) 9 shall be appointed for a term of 3 
                years;
                    (B) 9 shall be appointed for a term of 2 
                years; and
                    (C) 9 shall be appointed for a term of 1 
                year.
            (2) Vacancies.--
                    (A) In general.--Any vacancy on the 
                Advisory Board shall not affect its powers, but 
                shall be filled in the same manner as the 
                original appointment was made.
                    (B) Filling unexpired term.--An individual 
                chosen to fill a vacancy shall be appointed for 
                the unexpired term of the member replaced.
            (3) Expiration of terms.--The term of any member 
        shall not expire before the date on which the member's 
        successor takes office.
    (e) Election of Officers.--The Advisory Board shall elect a 
Chair and Vice Chair from among its members. The Advisory Board 
shall elect its initial Chair and Vice Chair at its initial 
meeting.
    (f) Duties.--
            (1) Enhance communication on promoting quality of, 
        and preventing abuse and neglect in, long-term care.--
        The Advisory Board shall develop collaborative and 
        innovative approaches to improve the quality of, 
        including preventing abuse and neglect in, long-term 
        care.
            (2) Collaborative efforts to develop consensus 
        around the management of certain quality-related 
        factors.--
                    (A) In general.--The Advisory Board shall 
                establish multidisciplinary panels to address, 
                and develop consensus on, subjects relating to 
                improving the quality of long-term care. At 
                least 1 such panel shall address, and develop 
                consensus on, methods for managing resident-to-
                resident abuse in long-term care.
                    (B) Activities conducted.--The 
                multidisciplinary panels established under 
                subparagraph (A) shall examine relevant 
                research and data, identify best practices with 
                respect to the subject of the panel, determine 
                the best way to carry out those best practices 
                in a practical and feasible manner, and 
                determine an effective manner of distributing 
                information on such subject.
            (3) Report.--Not later than the date that is 18 
        months after the date of enactment of the Elder Abuse 
        Victims Act of 2008, and annually thereafter, the 
        Advisory Board shall prepare and submit to the Elder 
        Justice Coordinating Council, the Committee on Finance 
        of the Senate, and the Committee on Ways and Means and 
        the Committee on Energy and Commerce of the House of 
        Representatives a report containing--
                    (A) information on the status of Federal, 
                State, and local public and private elder 
                justice activities;
                    (B) recommendations (including recommended 
                priorities) regarding--
                            (i) elder justice programs, 
                        research, training, services, practice, 
                        enforcement, and coordination;
                            (ii) coordination between entities 
                        pursuing 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 neglect; and
                            (iii) activities relating to adult 
                        fiduciary systems, including 
                        guardianship and other fiduciary 
                        arrangements;
                    (C) recommendations for specific 
                modifications needed in Federal and State laws 
                (including regulations) or for programs, 
                research, and training to enhance prevention, 
                detection, and treatment (including diagnosis) 
                of, intervention in (including investigation 
                of), and prosecution of elder abuse, neglect, 
                and exploitation;
                    (D) recommendations on methods for the most 
                effective coordinated national data collection 
                with respect to elder justice, and elder abuse, 
                neglect, and exploitation; and
                    (E) recommendations for a multidisciplinary 
                strategic plan to guide the effective and 
                efficient development of the field of elder 
                justice.
    (g) Powers of the Advisory Board.--
            (1) Information from federal agencies.--Subject to 
        the requirements of section 2012(a), 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 Chair of the Advisory Board, the head of such 
        department or agency shall furnish such information to 
        the Advisory Board.
            (2) Sharing of data and reports.--The Advisory 
        Board may request from any entity pursuing elder 
        justice activities under the Elder Abuse Victims Act of 
        2008 or an amendment made by such Act, any data, 
        reports, or recommendations generated in connection 
        with such activities.
            (3) Postal services.--The Advisory Board 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 Advisory Board 
shall not receive compensation for the performance of services 
for the Advisory Board. The members shall be allowed travel 
expenses for up to 4 meetings per year, including per diem in 
lieu of subsistence, 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 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 Advisory Board without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege.
    (j) Status as Permanent Advisory Committee.--Section 14 of 
the Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the advisory board.

SEC. 2015. RESEARCH PROTECTIONS.

    (a) Guidelines.--The Secretary shall promulgate guidelines 
to assist researchers working in the area of elder abuse, 
neglect, and exploitation, with issues relating to human 
subject protections.
    (b) Definition of Legally Authorized Representative for 
Application of Regulations.--For purposes of the application of 
subpart A of part 46 of title 45, Code of Federal Regulations, 
to research conducted under this chapter the term ``legally 
authorized representative'' means, unless otherwise provided by 
law, the individual or judicial or other body authorized under 
the applicable law to consent to medical treatment on behalf of 
another person.

SEC. 2016. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this 
chapter--
            (1) for fiscal year 2009, $6,500,000; and
            (2) for each of fiscal years 2010 through 2012, 
        $7,000,000.

           *       *       *       *       *       *       *

                              ----------                              


         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994



           *       *       *       *       *       *       *
                TITLE XXIV--PROTECTIONS FOR THE ELDERLY

SEC. 240001. MISSING ALZHEIMER'S DISEASE PATIENT ALERT PROGRAM.

    [(a) Grant.--The Attorney General shall, subject to the 
availability of appropriations, award a grant to an eligible 
organization to assist the organization in paying for the costs 
of planning, designing, establishing, and operating a Missing 
Alzheimer's Disease Patient Alert Program, which shall be a 
locally based, proactive program to protect and locate missing 
patients with Alzheimer's disease and related dementias.]
    (a) Grant.--Subject to the availability of appropriations 
to carry out this section, the Attorney General, through the 
Bureau of Justice Assistance and in consultation with the 
Secretary of Health and Human Services, shall award competitive 
grants to States, units of local government, and nonprofit 
organizations to assist such States, units, and organizations, 
respectively, in paying for the costs of planning, designing, 
establishing, and operating locally based, proactive programs 
to protect and locate missing patients with Alzheimer's disease 
and related dementias and other missing elderly individuals.
    (b) Application.--To be eligible to receive a competitive 
grant under subsection (a), an organization shall submit an 
application to the Attorney General at such time, in such 
manner, and containing such information as the Attorney General 
may require, including, at a minimum, an assurance that the 
organization will obtain and use assistance from private 
nonprofit organizations to support the program. The Attorney 
General shall periodically solicit applications for grants 
under this section by publishing a request for applications in 
the Federal Register and by posting such a request on the 
website of the Department of Justice.
    [(c) Eligible Organization.--The Attorney General shall 
award the grant described in subsection (a) to a national 
voluntary organization that has a direct link to patients, and 
families of patients, with Alzheimer's disease and related 
dementias.
    [(d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section--
            [(1) $900,000 for fiscal year 1996;
            [(2) $900,000 for fiscal year 1997; and
            [(3) $900,000 for fiscal year 1998.]
    (c) Preference.--In awarding grants under subsection (a), 
the Attorney General shall give preference to nonprofit 
organizations that have a direct link to patients, and families 
of patients, with Alzheimer's disease and related dementias.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $5,000,000 for 
each of the fiscal years 2009 through 2015.

           *       *       *       *       *       *       *


                            Additional Views

    We join the Majority in support of this Elder Abuse bill. 
Elder abuse is a serious problem facing our older Americans. 
Americans over the age of 50 account for 12 percent of our 
nation's murder victims and 7 percent of other serious and 
violent crime victims. Ninety percent of all elder abuse and 
neglect cases are by known perpetrators, usually family 
members. Our eldest seniors, 80 plus years, are abused and 
neglected at 2-3 times the proportion of all other senior 
citizens. And with the population of people aged 85 or older 
expected to double to 8.9 million by the year 2030, we can be 
sure the problem will only grow.
    This bill makes efforts to curb these acts of abuse. The 
bill awards grants to state and local governments to aide in 
the investigation and prosecution of elder abuse. This bill 
also directs the Attorney General (1) to study and report to 
the Elder Justice Coordinating Council (EJCC), the Advisory 
Board of Elder Abuse, Neglect, and Exploitation, and Congress 
on state laws and practices relating to elder abuse, neglect, 
and exploitation; and (2) to develop and implement a long-term 
plan for elder justice programs and related activities.
    We were initially concerned that imposing such burdensome 
requirements on the Department of Justice would not be the most 
effective approach to achieving the goals of the bill.
    For instance, the bill required the Department to 
promulgate model state laws, despite the fact that the majority 
of states have already adopted elder justice statutes. The bill 
also directed the Department to hire federal prosecutors and 
nurse investigators to prosecute federal elder abuse cases, 
notwithstanding the fact that the federal government lacks the 
police power to impose penalties for such crimes.\1\
---------------------------------------------------------------------------
    \1\See United States v. Morrison, 529 U.S. 598 (2000); United 
States v. Lopez, 514 U.S. 549 (1995).
---------------------------------------------------------------------------
    Our colleagues in the Majority agreed to amend Title II to 
address our concerns and negotiate a bipartisan compromise to 
the problematic provisions of the bill. First, the amendment 
streamlines sections 201 and 202 into one new section. The 
revised section 201 maintains the requirement that the 
Department complete a study. However, the amendment eliminates 
the requirement for model state laws and implementation of a 
national strategy. The amendment also strikes section 206 of 
the bill, which required the Department to hire federal 
prosecutors and nurse investigators, expands state and local 
grant eligibility to not just prosecutors but the courts as 
well, and makes other technical improvements to Title II.
    We appreciate the Majority's willingness to compromise and 
support the passage of this bill.

                                   Lamar Smith.
                                   Steve Chabot.