[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3598 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3598
To protect elder adults from exploitation and financial crime, to
prevent elder adult abuse and financial exploitation, and to promote
safety for elder adults.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2012
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect elder adults from exploitation and financial crime, to
prevent elder adult abuse and financial exploitation, and to promote
safety for elder adults.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Robert Matava
Exploitation Protection for Elder Adults Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT
ELDERS
Sec. 101. Enhanced penalty for telemarketing and email-marketing fraud
directed at elders.
Sec. 102. Data collection.
TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS
IT RELATES TO ELDER JUSTICE
Sec. 201. Model States laws and practices.
Sec. 202. Civil protection and criminal prosecution.
TITLE III--INTERSTATE INITIATIVES
Sec. 301. Interstate agreements and compacts.
Sec. 302. Recommendations on interstate communication.
TITLE IV--GAO REPORT
Sec. 401. GAO report to assess cost of elder abuse on Federal programs.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act--
(1) the terms ``abuse'', ``elder'', ``elder justice'',
``exploitation'', and ``neglect'' have the meanings given those
terms in section 2011 of the Social Security Act (42 U.S.C.
1397j);
(2) the term ``adult protective services''--
(A) means such services provided to adults as
specified in Federal, State, or local law pertaining to
adult protective services; and
(B) includes services such as--
(i) receiving reports of adult abuse,
neglect, or exploitation;
(ii) investigating the reports described in
clause (i);
(iii) case planning, monitoring,
evaluation, and other case work and services;
and
(iv) providing, arranging for, or
facilitating the provision of medical, social
service, economic, legal, housing, law
enforcement, or other protective emergency, or
support services;
(3) the term ``caregiver''--
(A) 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
(B) shall include 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;
(4) the term ``elder abuse'' includes neglect and
exploitation;
(5) the term ``fiduciary''--
(A) means an individual or entity with the legal
responsibility--
(i) to make decisions on behalf of and for
the benefit of another individual; and
(ii) to act in good faith and with
fairness; and
(B) shall include--
(i) a trustee;
(ii) a guardian;
(iii) a conservator;
(iv) an executor;
(v) an agent under a financial power of
attorney or health care power of attorney; or
(vi) a representative payee; and
(6) the term ``State'' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands of the United States, Guam, American Samoa, and
the Commonwealth of the Mariana Islands.
TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT
ELDERS
SEC. 101. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL-MARKETING FRAUD
DIRECTED AT ELDERS.
(a) In General.--Chapter 113A of title 18, United States Code, is
amended--
(1) in the chapter heading by inserting ``AND EMAIL
MARKETING'' after ``TELEMARKETING'';
(2) by striking section 2325 and inserting the following:
``SEC. 2325. DEFINITION.
``In this chapter, the term `telemarketing or email marketing'--
``(1) means a plan, program, promotion, or campaign that is
conducted to induce--
``(A) purchases of goods or services;
``(B) participation in a contest or sweepstakes;
``(C) a charitable contribution, donation, or gift
of money or any other thing of value;
``(D) investment for financial profit;
``(E) participation in a business opportunity;
``(F) commitment to a loan; or
``(G) participation in a fraudulent medical study,
research study, or pilot study,
by use of 1 or more interstate telephone calls, emails, text
messages, or electronic instant messages initiated either by a
person who is conducting the plan, program, promotion, or
campaign or by a prospective purchaser or contest or
sweepstakes participant or charitable contributor, donor, or
investor; and
``(2) does not include the solicitation of sales through
the posting, publication, or mailing of a catalog that--
``(A) contains a written description or
illustration of the goods or services offered for sale;
``(B) includes the business address of the seller;
``(C) includes multiple pages of written material
or illustration; and
``(D) has been issued not less frequently than once
a year,
if the person making the solicitation does not solicit
customers by telephone, email, text message, or electronic
instant message, but only receives interstate telephone calls,
emails, text messages, or electronic instant messages initiated
by customers in response to the catalog and in response to
those interstate telephone calls, emails, text messages, or
electronic instant messages does not conduct further
solicitation;''; and
(3) in section 2326, in the matter preceding paragraph
(1)--
(A) by striking ``or 1344'' and inserting ``1344,
or 1347 or section 1128B of the Social Security Act (42
U.S.C. 1320a-7b)''; and
(B) by inserting ``or email marketing'' after
``telemarketing''.
(b) Technical and Conforming Amendment.--The table of chapters at
the beginning of part I of title 18, United States Code, is amended by
striking the item relating to chapter 113A and inserting the following:
``113A. Telemarketing and email marketing fraud............. 2325''.
SEC. 102. DATA COLLECTION.
The Attorney General, in consultation with the Secretary of Health
and Human Services, shall, on an annual basis--
(1) collect from Federal, State, and local law enforcement
agencies and prosecutor offices statistical data relating to
the incidence of elder abuse, including data relating to--
(A) the number of elder abuse cases referred to law
enforcement agencies, adult protective services, or any
other State entity tasked with addressing elder abuse;
(B) the number and types of cases filed in Federal,
State, and local courts; and
(C) the outcomes of the cases described in
subparagraphs (A) and (B) and the reasons for such
outcomes;
(2) identify common data points among Federal, State, and
local law enforcement agencies and prosecutor offices that
would allow for the collection of uniform national data;
(3) publish a summary of the data collected under
paragraphs (1) and (2);
(4) identify--
(A) the types of data relevant to elder abuse that
should be collected; and
(B) what entity is most capable of collecting the
data described in subparagraph (A); and
(5) develop recommendations for collecting additional data
relating to elder abuse.
TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS
IT RELATES TO ELDER JUSTICE
SEC. 201. MODEL STATES LAWS AND PRACTICES.
The Attorney General, in consultation with the Secretary of Health
and Human Services and the Elder Justice Coordinating Council
(established under section 2021 of the Social Security Act (42 U.S.C.
1397k)), shall--
(1) create, compile, evaluate, and disseminate materials
and information, and provide the necessary training and
technical assistance, to assist States and units of local
government in--
(A) investigating, prosecuting, pursuing,
preventing, understanding, and mitigating the impact
of--
(i) physical, sexual, and psychological
abuse of elders;
(ii) exploitation of elders, including
financial abuse and scams targeting elders; and
(iii) neglect of elders; and
(B) assessing, addressing, and mitigating the
physical and psychological trauma to victims of elder
abuse;
(2) collect data and perform an evidence-based evaluation
to--
(A) assure the efficacy of measures and methods
intended to prevent, detect, respond to, or redress
elder abuse; and
(B) evaluate the number of victims of elder abuse
in each State and the extent to which the needs of the
victims are served by crime victim services, programs,
and sources of funding;
(3) publish a report, on an annual basis, that describes
the results of the evaluations conducted under paragraphs (1)
and (2), and submit the report to each Federal agency, each
State, and the Committee on the Judiciary and the Special
Committee on Aging of the Senate and the Committee on the
Judiciary of the House of Representatives;
(4) evaluate training models to determine best practices,
create replication guides, create training materials, if
necessary, for law enforcement officers, prosecutors, judges,
emergency responders, individuals working in victim services,
adult protective services, social services, and public safety,
medical personnel, mental health personnel, financial services
personnel, and any other individuals whose work may bring them
in contact with elder abuse regarding how to--
(A) conduct investigations in elder abuse cases;
(B) address evidentiary issues and other legal
issues; and
(C) appropriately assess, respond to, and interact
with victims and witnesses in elder abuse cases,
including in administrative, civil, and criminal
judicial proceedings;
(5) conduct, and update on a regular basis, a study of laws
and practices relating to elder abuse, neglect, and
exploitation, including--
(A) a comprehensive description of State laws and
practices;
(B) an analysis of the effectiveness of State laws
and practices, including--
(i) whether the State laws are enforced;
and
(ii) if enforced--
(I) how the State laws are
enforced; and
(II) how enforcement of the State
laws has effected elder abuse within
the State;
(C) a review of State definitions of the terms
``abuse'', ``neglect'', and ``exploitation'' in the
context of elder abuse cases;
(D) a review of State laws that mandate reporting
of elder abuse, including adult protective services
laws, laws that require the reporting of nursing home
deaths or suspicious deaths of elders to coroners or
medical examiners, and other pertinent reporting laws,
that analyzes--
(i) the impact and efficacy of the State
laws;
(ii) whether the State laws are enforced;
(iii) the levels of compliance with the
State laws; and
(iv) the response to, and actions taken as
a result of, reports made under the State laws;
(E) a review of State evidentiary, procedural,
sentencing, choice of remedies, and data retention
issues relating to elder abuse, neglect, and
exploitation;
(F) a review of State fiduciary laws, including law
relating to guardianship, conservatorship, and power of
attorney;
(G) a review of State laws that permit or encourage
employees of depository institutions (as defined in
section 3(c)(1) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(c)(1)) and State credit unions (as
defined in section 101 of the Federal Credit Union Act
(12 U.S.C. 1752)) to prevent and report suspected elder
abuse, neglect, and exploitation;
(H) a review of State laws used in civil court
proceedings to prevent and address elder abuse;
(I) a review of State laws relating to fraud and
related activities in connection with mail,
telemarketing, the Internet, or health care;
(J) a review of State laws that create programs,
offices, entities, or other programs that address or
respond to elder abuse; and
(K) an analysis of any other State laws relating to
elder abuse; and
(6) carry out such other duties as the Attorney General
determines necessary in connection with enhancing the
understanding, prevention, detection, and response to elder
abuse.
SEC. 202. CIVIL PROTECTION AND CRIMINAL PROSECUTION.
(a) Establishment.--
(1) In general.--The Attorney General, in cooperation with
the Secretary of Health and Human Services and the Legal
Services Corporation, shall establish a demonstration program
to provide grants on an annual basis to not more than 6 civil
legal services entities that could prevent or provide remedies
for abuse, neglect, and exploitation and collaborate with other
organizations seeking to prevent, detect, and respond to elder
abuse.
(2) Eligibility.--Grants awarded under paragraph (1) shall
be provided to entities that demonstrate a commitment to
representation of elder abuse victims or potential victims and
participating in multidisciplinary and interagency efforts to
combat elder abuse.
(b) Requirements.--To receive a grant under this section an entity
shall--
(1) be an experienced nonprofit legal services provider;
and
(2) propose or demonstrate--
(A) collaboration with State or local aging,
social, and human services and law enforcement
agencies;
(B) partnership with professionals with knowledge
and experience relating to the criminal justice system;
and
(C) methodology for timely evidenced-based
evaluation.
(c) Report.--Not later than 6 months after the completion of the
demonstration program under this section, the Secretary shall submit to
Congress a report on such program, that includes the results of the
program and recommendations for such legislation and administrative
action as the Attorney and Secretary determines to be appropriate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as are necessary for
fiscal years 2013 through 2017 to carry out this section.
TITLE III--INTERSTATE INITIATIVES
SEC. 301. INTERSTATE AGREEMENTS AND COMPACTS.
The consent of Congress is given to any 2 or more States (acting
through State agencies with jurisdiction over adult protective
services) to enter into agreements or compacts for cooperative effort
and mutual assistance--
(1) in promoting the safety and well-being of elders; and
(2) in enforcing their respective laws and policies to
promote such safety and well-being.
SEC. 302. RECOMMENDATIONS ON INTERSTATE COMMUNICATION.
The Executive Director of the State Justice Institute, in
consultation with State or local aging, social, and human services and
law enforcement agencies and nationally recognized nonprofit
associations with expertise in data sharing among criminal justice
agencies and familiarity with the issues raised in elder exploitation
cases, shall submit to Congress legislative proposals relating to the
facilitation of interstate agreements and compacts.
TITLE IV--GAO REPORT
SEC. 401. GAO REPORT TO ASSESS COST OF ELDER ABUSE ON FEDERAL PROGRAMS.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States, in consultation with the
Secretary of Health and Human Services, the Department of Health and
Human Services Office of the Inspector General, the Attorney General,
and the Chairman of the Federal Trade Commission, shall publish a
report reviewing any findings on the financial cost to the Federal
Government from the abuse and exploitation of elders.
<all>