[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5352 Reported in House (RH)]
Union Calendar No. 561
110th CONGRESS
2d Session
H. R. 5352
[Report No. 110-864, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2008
Mr. Sestak introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Ways
and Means, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
September 22, 2008
Reported from the Committee on the Judiciary with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 22, 2008
Additional sponsors: Mr. Conyers, Mr. Scott of Virginia, Mr. Emanuel,
and Mr. King of New York
September 22, 2008
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 12, 2008]
_______________________________________________________________________
A BILL
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.
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''.
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.
Union Calendar No. 561
110th CONGRESS
2d Session
H. R. 5352
[Report No. 110-864, Part I]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 22, 2008
Reported from the Committee on the Judiciary with an amendment
September 22, 2008
Committee on Ways and Means discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed