[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1663 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1663

 To better protect, serve, and advance the rights of victims of elder 
   abuse and financial exploitation by encouraging States and other 
qualified entities to hold offenders accountable, enhance the capacity 
of the justice system to investigate, pursue, and prosecute elder abuse 
cases, identify existing resources to leverage to the extent possible, 
  and assure data collection, research, and evaluation to promote the 
    efficacy and efficiency of the activities described in this Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2015

 Mr. Blumenthal (for himself and Ms. Ayotte) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To better protect, serve, and advance the rights of victims of elder 
   abuse and financial exploitation by encouraging States and other 
qualified entities to hold offenders accountable, enhance the capacity 
of the justice system to investigate, pursue, and prosecute elder abuse 
cases, identify existing resources to leverage to the extent possible, 
  and assure data collection, research, and evaluation to promote the 
    efficacy and efficiency of the activities described in this Act.

    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 
Elder Abuse Victims Act of 2015''.
    (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. Grant program.
                   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.

    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 elder 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 ``elder abuse'' includes neglect and 
        exploitation;
            (4) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, and any other territory of possession of the 
        United States; and
            (5) the term ``task force'' means a multidisciplinary task 
        force on elder justice established or designated under section 
        202(a)(2)(A)(ii).

  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 through the 
        posting, publication, or mailing of a catalog or brochure 
        that--
                    ``(A) contains a written description or 
                illustration of the goods, services, or other 
                opportunities being offered;
                    ``(B) includes the business address of the 
                solicitor;
                    ``(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 written materials, whether in hard copy 
                or digital format, 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.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, shall, on an annual basis--
            (1) 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;
            (2) 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 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);
            (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, including recommendations for ways to 
        improve data reporting across Federal, State, and local 
        agencies so that direct service providers can more easily meet 
        data reporting requirements.
    (b) HHS Requirement.--The Secretary of Health and Human Services 
shall, on an annual basis, provide to the Attorney General, statistical 
data collected by the Secretary of Health and Human Services relating 
to the number of elder abuse cases referred to adult protective 
services, which shall be included in the summary published under 
subsection (a)(3).
    (c) Prohibition on Individual Data.--None of the information 
reported under this section shall include specific individual 
identifiable data.

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, 
        guardians, 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. GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--The Attorney General shall establish a 
        grant program to--
                    (A) award grants and provide technical assistance 
                to not more than 10 States to assist the States in 
                developing, establishing, and operating programs 
                designed to improve--
                            (i) the response to cases of elder abuse in 
                        a manner that limits additional trauma to the 
                        elder victims; and
                            (ii) the investigation and prosecution of 
                        cases of elder abuse; and
                    (B) in consultation with the Secretary of Health 
                and Human Services and the Legal Services Corporation, 
                award grants 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.--
                    (A) States.--
                            (i) In general.--A State is eligible to 
                        receive a grant or technical assistance under 
                        paragraph (1)(A) if the State--
                                    (I) has a crime victims 
                                compensation program that meets the 
                                criteria described in section 1403(b) 
                                of the Victims of Crime Act of 1984 (42 
                                U.S.C. 10602(b)); and
                                    (II) is in compliance with clause 
                                (ii).
                            (ii) Establishment of task force.--
                                    (I) In general.--In order to be 
                                eligible to receive a grant under 
                                paragraph (1)(A), a State shall 
                                establish or, subject to subclause (V), 
                                designate a multidisciplinary task 
                                force on elder justice that is composed 
                                of professionals with knowledge and 
                                experience relating to the criminal 
                                justice system and issues of elder 
                                abuse.
                                    (II) Membership requirement.--
                                Except as provided in subclause (VI), a 
                                task force shall include not less than 
                                1 representative from--
                                            (aa) law enforcement 
                                        agencies, such as police 
                                        officers, sheriffs and deputy 
                                        sheriffs, detectives, public 
                                        safety officers, corrections 
                                        officers, investigators, and 
                                        victims' service personnel;
                                            (bb) the crime victim 
                                        compensation program of the 
                                        State;
                                            (cc) judicial and legal 
                                        officers, including individuals 
                                        who work on cases of elder 
                                        abuse and guardianship experts;
                                            (dd) elder justice and 
                                        elder law advocates, including 
                                        local agencies on aging and 
                                        local public and private 
                                        agencies and entities relating 
                                        to elder abuse and other crimes 
                                        against elders;
                                            (ee) the financial services 
                                        industry;
                                            (ff) health and mental 
                                        health professionals;
                                            (gg) social services 
                                        agencies in the State;
                                            (hh) State and local adult 
                                        protective services offices; 
                                        and
                                            (ii) family members of 
                                        victims of elder abuse.
                                    (III) Review and evaluation.--A 
                                task force shall--
                                            (aa) review and evaluate 
                                        the investigative, 
                                        administrative, and judicial 
                                        (including civil and criminal) 
                                        responses to cases of elder 
                                        abuse in the State;
                                            (bb) make recommendations 
                                        to the State based on the 
                                        review and evaluation conducted 
                                        under item (aa), including 
                                        recommendations relating to--

                                                    (AA) modifying the 
                                                investigative, 
                                                administrative, and 
                                                judicial response to 
                                                cases of elder abuse, 
                                                in a manner that--

                                                    (BB) reduces the 
                                                additional trauma to 
                                                the elder victim;

                                                    (CC) ensures 
                                                procedural fairness to 
                                                the individual accused 
                                                of elder abuse; and

                                                    (DD) experimental, 
                                                model, and 
                                                demonstration programs 
                                                for testing innovative 
                                                approaches and 
                                                techniques that may 
                                                improve the rate of 
                                                successful prosecution 
                                                or enhance the 
                                                effectiveness of 
                                                judicial and 
                                                administrative action 
                                                in elder abuse cases, 
                                                and which ensure 
                                                procedural fairness to 
                                                the accused, including 
                                                a determination of 
                                                which programs are most 
                                                effective; and

                                            (cc) submit the 
                                        recommendations described in 
                                        item (bb) to the Attorney 
                                        General.
                                    (IV) Interim report.--Not later 
                                than 1 year after the end of the grant 
                                period under this section, each State 
                                that receives a grant under this 
                                section shall submit to the Attorney 
                                General a report that includes--
                                            (aa) an evaluation of the 
                                        effectiveness of the grant 
                                        program;
                                            (bb) a list of all laws of 
                                        the State relating to elder 
                                        abuse; and
                                            (cc) any other information 
                                        the Attorney General may 
                                        require.
                                    (V) Task force alternative.--If 
                                determined appropriate by the Attorney 
                                General, a State may designate a 
                                commission or task force established by 
                                a State before January 1, 2012, with 
                                membership and functions comparable to 
                                those described in subclauses (II) and 
                                (III), as a task force for the purposes 
                                of this clause.
                                    (VI) Task force membership 
                                waiver.--The Attorney General may 
                                waive, in part, the task force 
                                membership requirements under subclause 
                                (II) for a State that demonstrates a 
                                need for the waiver.
                    (B) Legal service entities.--
                            (i) In general.--A legal service entity is 
                        eligible to receive a grant under paragraph 
                        (1)(B) if the entity can demonstrate a 
                        commitment to representation of elder abuse 
                        victims or potential victims and participating 
                        in multidisciplinary and interagency efforts to 
                        combat elder abuse.
                            (ii) Requirements.--To receive a grant 
                        under paragraph (1)(B) an entity shall--
                                    (I) be an experienced nonprofit 
                                legal services provider; and
                                    (II) propose or demonstrate--
                                            (aa) collaboration with 
                                        State or local aging, social, 
                                        and human services and law 
                                        enforcement agencies;
                                            (bb) partnership with 
                                        professionals with knowledge 
                                        and experience relating to the 
                                        criminal justice system; and
                                            (cc) methodology for timely 
                                        evidenced-based evaluation.
            (3) Geographic diversity.--The Attorney General shall make 
        every effort to ensure equitable geographic distribution of 
        grants under this section and take into consideration the needs 
        of underserved populations, including rural and tribal 
        communities.
    (b) Use of Funds.--
            (1) In general.--Grant funds awarded under this section may 
        be used to support--
                    (A) State, county, and local prosecutor offices and 
                courts in elder abuse matters, including--
                            (i) hiring or paying salary and benefits 
                        for employees and establishing or implementing 
                        units designated to work on elder justice 
                        issues in State prosecutors' offices and State 
                        courts; and
                            (ii) hiring or paying salary and benefits 
                        for an employee to coordinate elder justice-
                        related cases, training, technical assistance, 
                        and policy development for State, county, and 
                        local prosecutors and courts;
                    (B) State and local law enforcement agencies 
                investigating cases of elder abuse; and
                    (C) adult protective services.
            (2) Limitation.--A State or legal services entity that 
        receives a grant under this section may not use more than 8 
        percent of the amount of the grant for administrative or 
        personnel costs.
            (3) Supplemental funding.--Any grant funds awarded under 
        this section that are used as described in paragraph (1)(C) 
        shall be used to supplement, not supplant, other Federal, 
        State, or local government funding.
    (c) Duration of Grant.--A grant awarded under this section shall be 
for a period of not more than 3 years.
    (d) Report.--Not later than 1 year after the date on which the 
Attorney General awards grants under subsection (a)(1)(B), the Attorney 
General shall submit to Congress a report on the grant program that 
includes the results of the grant program and recommendations for such 
legislation and administrative action as the Attorney General 
determines to be appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as are necessary for 
fiscal years 2016 through 2018 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.
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