[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5352 Referred in Senate (RFS)]

  2d Session
                                H. R. 5352


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 24 (legislative day, September 17), 2008

                                Received

            October 2 (legislative day, September 17), 2008

       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 protection, to establish programs that provide for emergency crisis 
     response teams to combat elder abuse, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

                      TITLE I--ELDER ABUSE VICTIMS

SEC. 101. 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. 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 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. 103. 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 eligible entities 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 in local prosecutors' offices and local courts; and
            (2) funding the creation of a Center for the Prosecution of 
        Elder Abuse, Neglect, and Exploitation 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 $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 appropriations 
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 
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 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 $6,000,000 for each of the 
fiscal years 2009 through 2015.

SEC. 105. 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 eligible entities 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. 106. EVALUATIONS.

    (a) Grants Under This Title.--
            (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 appropriate, 
                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 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 title, 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 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 
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 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.
            (3) Eligible entities.--The term ``eligible entity'' means 
        a State or local government agency, Indian tribe or tribal 
        organization, or any other public 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 programs 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 program.--The entity 
        is a crime victim assistance program 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 satisfaction of the Director the 
        ability of the entity to create, not later than 6 months after 
        receiving such grant, an Emergency Crisis Response Team program 
        described in subsection (e)(1) and the programs described in 
        subsection (e)(2).
For purposes of meeting the criteria described in paragraph (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, contracts, subcontracts, and other such documentation.
    (c) Administrative Provisions.--
            (1) Consultation.--Each program established pursuant to 
        this section shall be developed and carried out in consultation 
        with the following entities, as appropriate:
                    (A) Relevant Federal, State, and local public and 
                private agencies and entities, relating to elder abuse, 
                neglect, and exploitation and other crimes against 
                elderly individuals.
                    (B) Local law enforcement including police, 
                sheriffs, detectives, public safety officers, 
                corrections personnel, prosecutors, medical examiners, 
                investigators, and coroners.
                    (C) Long term care and nursing facilities.
            (2) Grant period.--Grants under the Program shall be issued 
        for a three-year period.
            (3) Locations.--The Program shall be carried out in six 
        geographically and demographically diverse locations, taking 
        into account--
                    (A) the number of elderly individuals residing in 
                or near an area; and
                    (B) the difficulty of access to immediate short-
                term housing and health services for victims 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 Crisis 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 shelter, 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 been referred 
                to the program through the adult protective services 
                agency of the local law enforcement or any other 
                relevant law enforcement or referral agency.
                    (C) A victim of elder abuse may not receive short-
                term housing under the program for more than 30 
                consecutive days.
                    (D) The entity that established the program shall 
                enter into arrangements with the relevant local law 
                enforcement agencies so that the program receives 
                quarterly reports from such agencies on elder abuse.
            (2) Additional services required to be provided.--Not later 
        than one year after the date an entity receives a grant under 
        this section, such entity shall have established the following 
        programs (and community collaborations to support such 
        programs):
                    (A) Counseling.--A program that provides counseling 
                and assistance for victims of elder abuse accessing 
                health care, educational, pension, or other benefits 
                for which seniors may be eligible under Federal or 
                applicable State law.
                    (B) Mental health screening.--A program that 
                provides mental health screenings for victims of elder 
                abuse to identify and seek assistance for potential 
                mental health disorders such as depression or substance 
                abuse.
                    (C) Emergency legal advocacy.--A program that 
                provides legal advocacy for victims of elder abuse and, 
                as appropriate, their families.
                    (D) Job placement assistance.--A program that 
                provides job placement assistance and information on 
                employment, training, or volunteer opportunities for 
                victims of elder abuse.
                    (E) Bereavement counseling.--A program that 
                provides bereavement counseling for families of victims 
                of elder abuse.
                    (F) Other services.--A program that provides such 
                other care, services, and assistance as the entity 
                considers appropriate for purposes of the program.
    (f) Technical Assistance.--The Director shall enter into contracts 
with private entities with experience in elder abuse coordination or 
victim services to provide such technical assistance to grantees under 
this section as the entity determines appropriate.
    (g) Reports to Congress.--Not later than 12 months after the 
commencement of the Program, and annually thereafter, the entity shall 
submit a report to the Chairman and Ranking Member of the Committee on 
the Judiciary of the House of Representatives, and the Chairman and 
Ranking Member of the Special Committee on Aging of the Senate. Each 
report shall include the following:
            (1) A description and assessment of the implementation of 
        the Program.
            (2) An assessment of the effectiveness of the Program in 
        providing care and services to seniors, including a comparative 
        assessment of effectiveness for each of the locations 
        designated under subsection (c)(3) for the Program.
            (3) An assessment of the effectiveness of the coordination 
        for programs described in subsection (e) in contributing toward 
        the effectiveness of the Program.
            (4) Such recommendations as the entity considers 
        appropriate for modifications of the Program in order to better 
        provide care and services to seniors.
    (h) Definitions.--For purposes of this section:
            (1) Elder abuse.--The term ``elder abuse'' means any type 
        of violence or abuse, whether mental or physical, inflicted 
        upon an elderly individual, and any type of criminal financial 
        exploitation of an elderly individual.
            (2) Elderly individual.--The term ``elderly individual'' 
        means an individual who is age 60 or older.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Justice to carry out this section 
$3,000,000 for each of the fiscal years 2009 through 2011.

            Passed the House of Representatives September 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.