[Congressional Record (Bound Edition), Volume 154 (2008), Part 14]
[House]
[Pages 19978-19981]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    ELDER ABUSE VICTIMS ACT OF 2008

  Ms. SUTTON. Mr. Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 5352

       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.

[[Page 19979]]



     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

[[Page 19980]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Ohio (Ms. Sutton) and the gentleman from North Carolina (Mr. Coble) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Ohio.


                             General Leave

  Ms. SUTTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Ohio?
  There was no objection.
  Ms. SUTTON. I yield myself such time as I may consume.
  Mr. Speaker, it is estimated that each year perhaps as many as 5 
million elders are abused, neglected and exploited. And the incidence 
of elder abuse is likely to only get worse in coming years as 76 
million baby boomers reach retirement age.
  The legal protections against elder abuse vary significantly from 
State to State, and the National Center on Elder Abuse has estimated 
that only one in six cases even gets reported. H.R. 5352, the Elder 
Abuse Victims Act of 2008, is sponsored by the gentleman from 
Pennsylvania (Mr. Sestak).
  H.R. 5352 will help provide training, technical assistance and other 
support to State and local law enforcement officials to help them catch 
and prosecute those who prey on elders. This bill will authorize 
funding for specialized elder justice police officers and units, as 
well as for special elder justice positions and units within State and 
local prosecutors' offices and courts.
  It will also help provide other services to elders who are 
victimized. In addition to training for health care, social, and 
protective service providers, it establishes an Elder Serve Victim 
Grant Program with regional emergency crisis response teams. These 
teams will provide short term emergency service to elder victims, 
including shelter, care, food, clothing, transportation to legal or 
medical appointments, and other life services as warranted.
  Finally, it asks the Attorney General and the GAO to examine State 
and Federal laws and recommend ways to more effectively address this 
outrageous and growing problem.
  In addition to Congressman Sestak, I also want to commend the 
gentleman from Illinois, Rahm Emanuel, and the gentleman from New York, 
Peter King, and the distinguished gentleman from Kentucky (Mr. Yarmuth) 
for their leadership in making this a bipartisan initiative. I urge my 
colleagues to support it.
  I reserve the balance of my time.
  Mr. COBLE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5352, the Elder Abuse Victims 
Act of 2008. I wish to thank my colleagues on the other side of the 
aisle for having worked with the Judiciary Committee Republicans to 
address our concern with this bill. I am pleased that we now have 
legislation before us that enjoys bipartisan support.
  Elder abuse is a serious problem facing our older Americans. Adults 
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, and 
our eldest seniors, those over 80 years of age, are abused and 
neglected at two to three times the proportion of all other senior 
citizens.
  With the population of people aged 85 or older expected to double by 
8.9 million by the year 2030, the problem is inevitably sure to grow. 
H.R. 5352, the Elder Abuse Victims Act, seeks to curb these acts of 
abuse against the elderly. The bill authorizes grants to State and 
local law enforcement, prosecutors, and courts to aid in the 
investigation and prosecution of elder abuse.
  The bill directs the Justice Department to complete a study of State 
laws and practices relating to elder abuse, neglect and exploitation. 
The bill also directs the Department to develop a long-term plan 
addressing the prevention and detection of elder abuse, intervention 
and treatment of victims, and training and evaluation of elder abuse 
programs. The National Institute of Justice within the Department has 
been studying elder justice issues for several years and issued a 
preliminary report on the subject in 2006. It is fitting that the 
National Institute of Justice continue its work and undertake the study 
directed by this legislation.
  During the Judiciary Committee markup of H.R. 5352, we expanded the 
scope of these grants to include identity theft, mail fraud, and 
telemarketing fraud as additional types of victimization for elder 
abuse grants. The bill now also authorizes the Department of Justice to 
award grants for electronic monitoring of older Americans. These funds 
will support monitoring programs offered by local law enforcement 
agencies and first responders to locate missing elderly.
  These changes, among others, have improved H.R. 5352 and will assist 
States with protecting our senior citizens and prosecuting elder abuse.
  I urge my colleagues to support the bill.
  I reserve the balance of my time.
  Ms. SUTTON. Mr. Speaker, I am the last speaker on my side, so I 
reserve the balance of my time to close.
  Mr. COBLE. I yield back the balance of my time.
  Ms. SUTTON. Mr. Speaker, H.R. 5352, the Elder Abuse Victims Act, is a 
good bill. Our seniors deserve to know that we are doing everything we 
can to protect them from abuse. I urge my colleagues to support the 
bill.
  Mr. YARMUTH. Mr. Speaker, I rise in support of Elder Abuse Victims 
Act of 2008, which includes the ElderServe Act, which I introduced last 
May to protect our Nation's senior citizens from abuse through better 
coordination of services.
  In my hometown of Louisville, for over half a century, we've seen 
first-hand as ElderServe Inc, a local non-profit, has facilitated the 
coordination necessary for thousands and thousands of seniors to have 
peace in their golden years.
  One of the many areas that ElderServe has excelled is providing 
emergency services to seniors who experience physical or psychological 
abuse and neglect--problems that afflict more than two million victims 
nationwide.
  Experts estimate that only 20 percent of all cases of elder abuse are 
reported. Still 70 percent of the caseload at Adult Protective Services 
comes from victims over the age of 65. These instances of abuse and 
neglect know no boundaries, affecting men and women across all racial, 
social, socio-economic, and geographic divides. And with the country's 
76 million baby boomers approaching retirement age, the problems will 
only intensify if we don't create a network equipped to respond.
  The ElderServe Act will create Emergency Crisis Response Teams, or 
ECRT's, that foster community collaboration between existing services 
and consolidating services for elder abuse victims. In most 
communities, victims of elder abuse have great difficulty navigating 
services and aid. But in Louisville, ECRT's have been incredibly 
successful in bringing various entities together to provide immediate 
help and services to elder abuse victims. The approach ensures that 
elder abuse victims no longer fall through the cracks and are given the 
housing, healthcare, and follow up they need. For those who cannot go 
to law enforcement, law enforcement will come to them.
  The ElderServe Act authorizes the creation of pilot programs that 
will coordinate local law enforcement, short-term housing placements, 
bereavement services, adult protective services, legal advocacy 
services, job placement assistance, health care, and other services.

[[Page 19981]]

  If the program is infused with same passion and care as we have seen 
in Louisville; if we provide necessary resources, we will have created 
a reliable place that a senior can turn to, anywhere in the Nation, to 
recover from and also to prevent elder abuse.
  America's seniors spent decades working, contributing, and raising 
families in our communities. Yet each day thousands are assaulted or 
neglected, with nowhere to turn but an overtaxed, under-coordinated 
system. For many they receive help too late or not at all. Many give up 
waiting for help, and others never seek assistance in the first place. 
The ElderServe Act can change all that. I, therefore, strongly urge my 
colleagues to join me in supporting Elder Abuse Victims Act and working 
to eliminate elder abuse forever.
  Ms. JACKSON-LEE of Texas. Mr. Speaker. I rise today in strong support 
of H.R. 5352, the ``Elder Abuse Victims Act of 2008''. This bills 
addresses health and safety issues for elders. This bill will protect 
the most vulnerable members of our society: the elderly.
  I strongly support this bill and have authored an amendment that was 
accepted in Committee. I will discuss more about my amendment later. I 
urge my colleagues to support this bill.
  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 many problems. In fact, the House has held only one hearing 
on elder abuse, over 16 years ago, in 1991. These problems likely will 
increase in the next 30 years, as 76 million baby boomers approach 
retirement.
  H.R. 5352 establishes a national Elder Justice Coordinating Council 
and Advisory Board on Elder Abuse, Neglect, and Exploitation. Its 
purpose is to protect seniors in the United States from elder abuse by 
establishing specialized elder abuse prosecution and research programs 
and providing training for law enforcement and prosecutors.
  My amendment, which was included at the Committee, allows a voluntary 
electronic monitoring pilot program to assist with the elderly when 
they are reported missing. Specifically, my amendment allows the 
Attorney General, in consultation with the Secretary of Health and 
Human Services, to issue grants to states and local government to carry 
out pilot programs to provide voluntary electronic monitoring services 
to elderly individuals to assist in the location of such individuals 
when they are reported missing. This amendment helps elderly people. I 
urge my colleagues to support this bill.
  Mr. EMANUEL. Mr. Speaker, I rise today in strong support of H.R. 
5352, the Elder Abuse Victims Act of 2008.
  This bipartisan legislation increases prosecutions by providing 
technical, investigative, coordination, and victim assistance resources 
to law enforcement to support elder justice cases. Additionally, it 
also provides grants for training, technical assistance, policy 
development, multidisciplinary coordination and other types of support 
to local prosecutors handling elder justice--related cases.
  Elder abuse is a silent but widespread problem: reports reveal that 
500,000 to 5 million senior Americans will be victims of some form of 
abuse every year, causing illness, suffering, and premature death. In 
my home state of Illinois, reports to the Illinois Elder Abuse and 
Neglect Program increased by 48% between 1997 and 2005.
  Few pressing social issues have been as systematically ignored as 
elder abuse. Over the past 25 years, Congress passed comprehensive 
bills to address child abuse and crimes against women, yet there is not 
one full-time Federal employee working on elder abuse in the entire 
Federal Government.
  A comparison of federal money spent to fight abuse and neglect shows 
that less than 2 percent of federal dollars spent on abuse and neglect 
goes toward elder abuse. In addition, no federal law has yet been 
enacted that adequately and comprehensively addresses the issues of 
elder abuse, neglect, and exploitation.
  Since my election to Congress, I have been working with my colleagues 
Rep. Peter King and Senators John Breaux, Orrin Hatch and Blanche 
Lincoln to pass the Elder Justice Act to protect vulnerable seniors. I 
am glad the bill before us, the Elder Abuse Victims Act includes many 
of the crucial law enforcement provisions of the Elder Justice Act. 
This bill is the first step to understanding--and therefore 
eradicating--elder abuse.
  Mr. Speaker, I thank my colleague from Pennsylvania for including 
these crucial provisions in his legislation and I urge my colleagues to 
join me in voting for H.R. 5352, the Elder Abuse Victims Act.
  Ms. SUTTON. I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Ohio (Ms. Sutton) that the House suspend the rules and 
pass the bill, H.R. 5352, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________