[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3270 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 635
114th CONGRESS
  2d Session
                                S. 3270

    To prevent elder abuse and exploitation and improve the justice 
  system's response to victims in elder abuse and exploitation cases.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

 Mr. Grassley (for himself, Mr. Blumenthal, Mr. Cornyn, Ms. Klobuchar, 
   Mr. Rubio, Mr. Bennet, Mrs. Feinstein, Mr. Leahy, Mr. Durbin, Mr. 
 Tillis, and Ms. Ayotte) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

                           September 20, 2016

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To prevent elder abuse and exploitation and improve the justice 
  system's response to victims in elder abuse and exploitation cases.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Elder 
Abuse Prevention and Prosecution Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
   <DELETED>TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

<DELETED>Sec. 101. Supporting Federal cases involving elder justice.
  <DELETED>TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

<DELETED>Sec. 201. Establishment of best practices for local, State, 
                            and Federal data collection.
<DELETED>Sec. 202. Effective interagency coordination and Federal data 
                            collection.
<DELETED>TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS

<DELETED>Sec. 301. Sense of the Senate.
<DELETED>Sec. 302. Report.
  <DELETED>TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2016

<DELETED>Sec. 401. Short title.
<DELETED>Sec. 402. Enhanced penalty for telemarketing and email 
                            marketing fraud directed at elders.
<DELETED>Sec. 403. Training and technical assistance for States.
<DELETED>Sec. 404. Interstate initiatives.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the terms ``abuse'', ``elder justice'', 
        ``exploitation'', ``law enforcement'', and ``neglect'' have the 
        meanings given those terms in section 2011 of the Social 
        Security Act (42 U.S.C. 1397j);</DELETED>
        <DELETED>    (2) the term ``adult protective services''--
        </DELETED>
                <DELETED>    (A) means such services provided to adults 
                as specified by the Secretary of Health and Human 
                Services; and</DELETED>
                <DELETED>    (B) includes services such as--</DELETED>
                        <DELETED>    (i) receiving reports of elder 
                        abuse, neglect, or exploitation;</DELETED>
                        <DELETED>    (ii) investigating the reports 
                        described in clause (i);</DELETED>
                        <DELETED>    (iii) case planning, monitoring, 
                        evaluation, and other case work and services; 
                        and</DELETED>
                        <DELETED>    (iv) providing, arranging for, or 
                        facilitating the provision of medical, social 
                        service, economic, legal, housing, law 
                        enforcement, or other protective emergency, or 
                        support services;</DELETED>
        <DELETED>    (3) the term ``elder'' means an individual who is 
        60 years of age or older;</DELETED>
        <DELETED>    (4) the term ``elder abuse'' includes abuse, 
        neglect, and exploitation of an elder; and</DELETED>
        <DELETED>    (5) 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 or 
        possession of the United States.</DELETED>

      <DELETED>TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER 
                           JUSTICE</DELETED>

<DELETED>SEC. 101. SUPPORTING FEDERAL CASES INVOLVING ELDER 
              JUSTICE.</DELETED>

<DELETED>    (a) Support and Assistance.--</DELETED>
        <DELETED>    (1) Elder justice coordinators.--The Attorney 
        General shall designate in each Federal judicial district not 
        less than one Assistant United States Attorney to serve as the 
        Elder Justice Coordinator for the district, who, in addition to 
        any other responsibilities, shall be responsible for--
        </DELETED>
                <DELETED>    (A) serving as the legal counsel for the 
                Federal judicial district on matters relating to elder 
                abuse;</DELETED>
                <DELETED>    (B) prosecuting, or assisting in the 
                prosecution of, elder abuse cases;</DELETED>
                <DELETED>    (C) conducting public outreach and 
                awareness activities relating to elder abuse; 
                and</DELETED>
                <DELETED>    (D) ensuring the collection of data 
                required to be collected under section 202.</DELETED>
        <DELETED>    (2) Investigative support.--The Attorney General, 
        in consultation with the Director of the Federal Bureau of 
        Investigation, shall, with respect to crimes relating to elder 
        abuse, ensure the implementation of a regular and comprehensive 
        training program to train agents of the Federal Bureau of 
        Investigation in the investigation and prosecution of such 
        crimes and the enforcement of laws related to elder abuse, 
        which shall include--</DELETED>
                <DELETED>    (A) specialized strategies for 
                communicating with and assisting elder abuse victims; 
                and</DELETED>
                <DELETED>    (B) relevant forensic training relating to 
                elder abuse.</DELETED>
        <DELETED>    (3) Resource group.--The Attorney General, through 
        the Executive Office for United States Attorneys, shall ensure 
        the operation of a resource group to facilitate the sharing of 
        knowledge, experience, sample pleadings and other case 
        documents, training materials, and any other resources to 
        assist prosecutors throughout the United States in pursuing 
        cases relating to elder abuse.</DELETED>
        <DELETED>    (4) Designated elder justice working group or 
        subcommittee to the attorney general's advisory committee of 
        united states attorneys.--Not later than 60 days after 
        enactment of this Act, the Attorney General, in consultation 
        with the Director of the Executive Office for United States 
        Attorneys, shall establish a subcommittee or working group to 
        the Attorney General's Advisory Committee of United States 
        Attorneys, as established under section 0.10 of title 28, Code 
        of Federal Regulations, or any successor thereto, for the 
        purposes of advising the Attorney General on policies of the 
        Department of Justice relating to elder abuse.</DELETED>
<DELETED>    (b) Department of Justice Elder Justice Coordinator.--Not 
later than 60 days after the date of enactment of this Act, the 
Attorney General shall designate an Elder Justice Coordinator within 
the Department of Justice who, in addition to any other 
responsibilities, shall be responsible for--</DELETED>
        <DELETED>    (1) coordinating and supporting the law 
        enforcement efforts and policy activities for the Department of 
        Justice on elder justice issues;</DELETED>
        <DELETED>    (2) evaluating training models to determine best 
        practices and creating or compiling and making publicly 
        available replication guides and training materials 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--</DELETED>
                <DELETED>    (A) conduct investigations in elder abuse 
                cases;</DELETED>
                <DELETED>    (B) address evidentiary issues and other 
                legal issues; and</DELETED>
                <DELETED>    (C) appropriately assess, respond to, and 
                interact with victims and witnesses in elder abuse 
                cases, including in administrative, civil, and criminal 
                judicial proceedings; and</DELETED>
        <DELETED>    (3) carrying out such other duties as the Attorney 
        General determines necessary in connection with enhancing the 
        understanding, prevention, and detection of, and response to, 
        elder abuse.</DELETED>
<DELETED>    (c) Federal Trade Commission.--</DELETED>
        <DELETED>    (1) Federal trade commission elder justice 
        coordinator.--Not later than 60 days after the date of 
        enactment of this Act, the Chairman of the Federal Trade 
        Commission shall designate within the Bureau of Consumer 
        Protection of the Federal Trade Commission an Elder Justice 
        Coordinator who, in addition to any other responsibilities, 
        shall be responsible for--</DELETED>
                <DELETED>    (A) coordinating and supporting the 
                enforcement and consumer education efforts and policy 
                activities of the Federal Trade Commission on elder 
                justice issues; and</DELETED>
                <DELETED>    (B) serving as, or ensuring the 
                availability of, a central point of contact for 
                individuals, units of local government, States, and 
                other Federal agencies on matters relating to the 
                enforcement and consumer education efforts and policy 
                activities of the Federal Trade Commission on elder 
                justice issues.</DELETED>
        <DELETED>    (2) Report to congress.--Not later than 1 year 
        after the date of enactment of this Act, and once every year 
        thereafter, the Chairman of the Federal Trade Commission shall 
        submit to the Committee on the Judiciary of the Senate and the 
        Committee on the Judiciary of the House of Representatives a 
        report detailing the enforcement actions taken by the Federal 
        Trade Commission over the preceding year in each case in which 
        not less than one victim was an elder or that involved a 
        financial scheme or scam that was either targeted directly 
        toward or largely affected elders, including--</DELETED>
                <DELETED>    (A) the name of the district where the 
                case originated;</DELETED>
                <DELETED>    (B) the style of the case, including the 
                case name and number;</DELETED>
                <DELETED>    (C) a description of the scheme or scam; 
                and</DELETED>
                <DELETED>    (D) the outcome of the case.</DELETED>
<DELETED>    (d) Use of Appropriated Funds.--No additional funds are 
authorized to be appropriated to carry out this section.</DELETED>

        <DELETED>TITLE II--IMPROVED DATA COLLECTION AND FEDERAL 
                         COORDINATION</DELETED>

<DELETED>SEC. 201. ESTABLISHMENT OF BEST PRACTICES FOR LOCAL, STATE, 
              AND FEDERAL DATA COLLECTION.</DELETED>

<DELETED>    (a) In General.--The Attorney General, in consultation 
with Federal, State, and local law enforcement agencies, shall--
</DELETED>
        <DELETED>    (1) establish best practices for data collection 
        to focus on elder abuse; and</DELETED>
        <DELETED>    (2) provide technical assistance to State, local, 
        and tribal governments in adopting the best practices 
        established under paragraph (1).</DELETED>
<DELETED>    (b) Deadline.--Not later than 1 year after the date of 
enactment of this Act, the Attorney General shall publish the best 
practices established under subsection (a)(1) on the website of the 
Department of Justice in a publicly accessible manner.</DELETED>
<DELETED>    (c) Limitation.--Nothing in this section shall be 
construed to require or obligate compliance with the best practices 
established under subsection (a)(1).</DELETED>

<DELETED>SEC. 202. EFFECTIVE INTERAGENCY COORDINATION AND FEDERAL DATA 
              COLLECTION.</DELETED>

<DELETED>    (a) In General.--The Attorney General, in consultation 
with the Secretary of Health and Human Services, shall, on an annual 
basis--</DELETED>
        <DELETED>    (1) collect from Federal law enforcement agencies 
        and Federal prosecutor offices statistical data related to 
        elder abuse cases, including cases or investigations where one 
        or more victims were elders, or the case or investigation 
        involved a financial scheme or scam that was either targeted 
        directly toward or largely affected elders; and</DELETED>
        <DELETED>    (2) publish on the website of the Department of 
        Justice in a publicly accessible manner--</DELETED>
                <DELETED>    (A) a summary of the data collected under 
                paragraph (1); and</DELETED>
                <DELETED>    (B) recommendations for collecting 
                additional data relating to elder abuse, including 
                recommendations for ways to improve data reporting 
                across Federal, State, and local agencies.</DELETED>
<DELETED>    (b) Requirement.--The data collected under subsection 
(a)(1) shall include--</DELETED>
        <DELETED>    (1) the total number of investigations initiated 
        by Federal law enforcement agencies and Federal prosecutor 
        offices related to elder abuse;</DELETED>
        <DELETED>    (2) the total number and types of elder abuse 
        cases filed in Federal courts; and</DELETED>
        <DELETED>    (3) for each case described in paragraph (2)--
        </DELETED>
                <DELETED>    (A) the name of the district where the 
                case originated;</DELETED>
                <DELETED>    (B) the style of the case, including the 
                case name and number;</DELETED>
                <DELETED>    (C) a description of the act or acts 
                giving rise to the elder abuse;</DELETED>
                <DELETED>    (D) in the case of a scheme or scam, a 
                description of such scheme or scam giving rise to the 
                elder abuse;</DELETED>
                <DELETED>    (E) information about each alleged 
                perpetrator of the elder abuse; and</DELETED>
                <DELETED>    (F) the outcome of the case.</DELETED>
<DELETED>    (c) 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 relating to elder abuse 
cases investigated by adult protective services, which shall be 
included in the summary published under subsection (a)(2).</DELETED>
<DELETED>    (d) Prohibition on Individual Data.--None of the 
information reported under this section shall include specific 
individual identifiable data.</DELETED>

     <DELETED>TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE 
                          SURVIVORS</DELETED>

<DELETED>SEC. 301. SENSE OF THE SENATE.</DELETED>

<DELETED>    (a) Findings.--The Senate finds the following:</DELETED>
        <DELETED>    (1) The vast majority of cases of abuse, neglect, 
        and exploitation of older adults in the United States go 
        unidentified and unreported.</DELETED>
        <DELETED>    (2) Not less than $2,900,000,000 is taken from 
        older adults each year due to financial abuse and 
        exploitation.</DELETED>
        <DELETED>    (3) Elder abuse, neglect, and exploitation have no 
        boundaries and cross all racial, social, class, gender, and 
        geographic lines.</DELETED>
        <DELETED>    (4) Older adults who are abused are 3 times more 
        likely to die earlier than older adults of the same age who are 
        not abused.</DELETED>
        <DELETED>    (5) Up to half of all older adults with dementia 
        will experience abuse.</DELETED>
<DELETED>    (b) Sense of the Senate.--It is the sense of the Senate 
that --</DELETED>
        <DELETED>    (1) elder abuse involves the exploitation of 
        potentially vulnerable individuals with devastating physical, 
        mental, emotional, and financial consequences to the victims 
        and their loved ones;</DELETED>
        <DELETED>    (2) to combat this affront to America's seniors, 
        we must do everything possible to both support victims of elder 
        abuse and prevent the abuse from occurring in the first place; 
        and</DELETED>
        <DELETED>    (3) the Senate supports a multipronged approach to 
        prevent elder abuse and exploitation, protect the victims of 
        elder abuse and exploitation from further harm, and bring the 
        perpetrators of such crimes to justice.</DELETED>

<DELETED>SEC. 302. REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Director of the Office for Victims of Crime 
shall submit a report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives that 
addresses, to the extent data is available, the nature, extent, and 
amount of funding under the Victims of Crime Act of 1984 (42 U.S.C. 
10601 et seq.) for victims of crime who are elders.</DELETED>
<DELETED>    (b) Contents.--The report required under subsection (a) 
shall include--</DELETED>
        <DELETED>    (1) an analysis of victims' assistance, victims' 
        compensation, and discretionary grants under which elder abuse 
        victims (including elder victims of financial abuse, financial 
        exploitation, and fraud) received assistance; and</DELETED>
        <DELETED>    (2) recommendations for improving services for 
        victims of elder abuse.</DELETED>

    <DELETED>TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 
                             2016</DELETED>

<DELETED>SEC. 401. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Robert Matava Elder Abuse 
Prosecution Act of 2016''.</DELETED>

<DELETED>SEC. 402. ENHANCED PENALTY FOR TELEMARKETING AND EMAIL 
              MARKETING FRAUD DIRECTED AT ELDERS.</DELETED>

<DELETED>    (a) In General.--Chapter 113A of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in the chapter heading, by inserting ``AND 
        EMAIL MARKETING'' after ``TELEMARKETING'';</DELETED>
        <DELETED>    (2) by striking section 2325 and inserting the 
        following:</DELETED>
<DELETED>``Sec. 2325. Definition</DELETED>
<DELETED>    ``In this chapter, the term `telemarketing or email 
marketing'--</DELETED>
        <DELETED>    ``(1) means a plan, program, promotion, or 
        campaign that is conducted to induce--</DELETED>
                <DELETED>    ``(A) purchases of goods or 
                services;</DELETED>
                <DELETED>    ``(B) participation in a contest or 
                sweepstakes;</DELETED>
                <DELETED>    ``(C) a charitable contribution, donation, 
                or gift of money or any other thing of value;</DELETED>
                <DELETED>    ``(D) investment for financial 
                profit;</DELETED>
                <DELETED>    ``(E) participation in a business 
                opportunity;</DELETED>
                <DELETED>    ``(F) commitment to a loan; or</DELETED>
                <DELETED>    ``(G) participation in a fraudulent 
                medical study, research study, or pilot study, by use 
                of one 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</DELETED>
        <DELETED>    ``(2) does not include the solicitation through 
        the posting, publication, or mailing of a catalog or brochure 
        that--</DELETED>
                <DELETED>    ``(A) contains a written description or 
                illustration of the goods, services, or other 
                opportunities being offered;</DELETED>
                <DELETED>    ``(B) includes the business address of the 
                solicitor;</DELETED>
                <DELETED>    ``(C) includes multiple pages of written 
                material or illustration; and</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (3) in section 2326, in the matter preceding 
        paragraph (1)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by inserting ``or email marketing'' 
                after ``telemarketing''; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>``Sec. 2328. Mandatory forfeiture</DELETED>
<DELETED>    ``(a) In General.--The court, in imposing sentence on a 
person who is convicted of any offense for which an enhanced penalty is 
provided under section 2326, shall order that the defendant forfeit to 
the United States--</DELETED>
        <DELETED>    ``(1) any property, real or personal, constituting 
        or traceable to gross proceeds obtained from such offense; 
        and</DELETED>
        <DELETED>    ``(2) any equipment, software, or other technology 
        used or intended to be used to commit or to facilitate the 
        commission of such offense.</DELETED>
<DELETED>    ``(b) Procedures.--The procedures set forth in section 413 
of the Controlled Substances Act (21 U.S.C. 853), other than subsection 
(d) of that section, and in Rule 32.2 of the Federal Rules of Criminal 
Procedure, shall apply to all stages of a criminal forfeiture 
proceeding under this section.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) 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:</DELETED>

<DELETED>``113A. Telemarketing and email marketing fraud....    2325''.
        <DELETED>    (2) The table of sections for chapter 113A of 
        title 18, United States Code, is amended by inserting after the 
        item relating to section 2327 the following:</DELETED>

<DELETED>``2328. Mandatory forfeiture.''.

<DELETED>SEC. 403. TRAINING AND TECHNICAL ASSISTANCE FOR 
              STATES.</DELETED>

<DELETED>    The Attorney General, in consultation with the Secretary 
of Health and Human Services and in coordination with the Elder Justice 
Coordinating Council (established under section 2021 of the Social 
Security Act (42 U.S.C. 1397k)), shall 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--</DELETED>
        <DELETED>    (1) investigating, prosecuting, pursuing, 
        preventing, understanding, and mitigating the impact of--
        </DELETED>
                <DELETED>    (A) physical, sexual, and psychological 
                abuse of elders;</DELETED>
                <DELETED>    (B) exploitation of elders, including 
                financial abuse and scams targeting elders; 
                and</DELETED>
                <DELETED>    (C) neglect of elders; and</DELETED>
        <DELETED>    (2) assessing, addressing, and mitigating the 
        physical and psychological trauma to victims of elder 
        abuse.</DELETED>

<DELETED>SEC. 404. INTERSTATE INITIATIVES.</DELETED>

<DELETED>    (a) Interstate Agreements and Compacts.--The consent of 
Congress is given to any two 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--</DELETED>
        <DELETED>    (1) in promoting the safety and well-being of 
        elders; and</DELETED>
        <DELETED>    (2) in enforcing their respective laws and 
        policies to promote such safety and well-being.</DELETED>
<DELETED>    (b) 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, nationally recognized nonprofit associations with expertise 
in data sharing among criminal justice agencies and familiarity with 
the issues raised in elder abuse cases, and the Secretary of Health and 
Human Services, shall submit to Congress legislative proposals relating 
to the facilitation of interstate agreements and compacts.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Elder Abuse 
Prevention and Prosecution Act''.
    (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--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

Sec. 101. Supporting Federal cases involving elder justice.

      TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

Sec. 201. Establishment of best practices for local, State, and Federal 
                            data collection.
Sec. 202. Effective interagency coordination and Federal data 
                            collection.

     TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS

Sec. 301. Sense of the Senate.
Sec. 302. Report.

      TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2016

Sec. 401. Short title.
Sec. 402. Enhanced penalty for telemarketing and email marketing fraud 
                            directed at elders.
Sec. 403. Training and technical assistance for States.
Sec. 404. Interstate initiatives.

                         TITLE V--MISCELLANEOUS

Sec. 501. Court-appointed guardianship oversight activities under the 
                            Elder Justice Act of 2009.
Sec. 502. GAO reports.
Sec. 503. Outreach to State and local law enforcement agencies.
Sec. 504. Model power of attorney legislation.
Sec. 505. Best practices and model legislation for guardianship 
                            proceedings.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the terms ``abuse'', ``adult protective services'', 
        ``elder'', ``elder justice'', ``exploitation'', ``law 
        enforcement'', and ``neglect'' have the meanings given those 
        terms in section 2011 of the Social Security Act (42 U.S.C. 
        1397j);
            (2) the term ``elder abuse'' includes abuse, neglect, and 
        exploitation of an elder; and
            (3) 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 or possession of the 
        United States.

       TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

SEC. 101. SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE.

    (a) Support and Assistance.--
            (1) Elder justice coordinators.--The Attorney General shall 
        designate in each Federal judicial district not less than one 
        Assistant United States Attorney to serve as the Elder Justice 
        Coordinator for the district, who, in addition to any other 
        responsibilities, shall be responsible for--
                    (A) serving as the legal counsel for the Federal 
                judicial district on matters relating to elder abuse;
                    (B) prosecuting, or assisting in the prosecution 
                of, elder abuse cases;
                    (C) conducting public outreach and awareness 
                activities relating to elder abuse; and
                    (D) ensuring the collection of data required to be 
                collected under section 202.
            (2) Investigative support.--The Attorney General, in 
        consultation with the Director of the Federal Bureau of 
        Investigation, shall, with respect to crimes relating to elder 
        abuse, ensure the implementation of a regular and comprehensive 
        training program to train agents of the Federal Bureau of 
        Investigation in the investigation and prosecution of such 
        crimes and the enforcement of laws related to elder abuse, 
        which shall include--
                    (A) specialized strategies for communicating with 
                and assisting elder abuse victims; and
                    (B) relevant forensic training relating to elder 
                abuse.
            (3) Resource group.--The Attorney General, through the 
        Executive Office for United States Attorneys, shall ensure the 
        operation of a resource group to facilitate the sharing of 
        knowledge, experience, sample pleadings and other case 
        documents, training materials, and any other resources to 
        assist prosecutors throughout the United States in pursuing 
        cases relating to elder abuse.
            (4) Designated elder justice working group or subcommittee 
        to the attorney general's advisory committee of united states 
        attorneys.--Not later than 60 days after the date of enactment 
        of this Act, the Attorney General, in consultation with the 
        Director of the Executive Office for United States Attorneys, 
        shall establish a subcommittee or working group to the Attorney 
        General's Advisory Committee of United States Attorneys, as 
        established under section 0.10 of title 28, Code of Federal 
        Regulations, or any successor thereto, for the purposes of 
        advising the Attorney General on policies of the Department of 
        Justice relating to elder abuse.
    (b) Department of Justice Elder Justice Coordinator.--Not later 
than 60 days after the date of enactment of this Act, the Attorney 
General shall designate an Elder Justice Coordinator within the 
Department of Justice who, in addition to any other responsibilities, 
shall be responsible for--
            (1) coordinating and supporting the law enforcement efforts 
        and policy activities for the Department of Justice on elder 
        justice issues;
            (2) evaluating training models to determine best practices 
        and creating or compiling and making publicly available 
        replication guides and training materials 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; and
            (3) carrying out such other duties as the Attorney General 
        determines necessary in connection with enhancing the 
        understanding, prevention, and detection of, and response to, 
        elder abuse.
    (c) Federal Trade Commission.--
            (1) Federal trade commission elder justice coordinator.--
        Not later than 60 days after the date of enactment of this Act, 
        the Chairman of the Federal Trade Commission shall designate 
        within the Bureau of Consumer Protection of the Federal Trade 
        Commission an Elder Justice Coordinator who, in addition to any 
        other responsibilities, shall be responsible for--
                    (A) coordinating and supporting the enforcement and 
                consumer education efforts and policy activities of the 
                Federal Trade Commission on elder justice issues; and
                    (B) serving as, or ensuring the availability of, a 
                central point of contact for individuals, units of 
                local government, States, and other Federal agencies on 
                matters relating to the enforcement and consumer 
                education efforts and policy activities of the Federal 
                Trade Commission on elder justice issues.
            (2) Reports to congress.--Not later than 1 year after the 
        date of enactment of this Act, and once every year thereafter, 
        the Chairman of the Federal Trade Commission and the Attorney 
        General shall each submit to the Committee on the Judiciary of 
        the Senate and the Committee on the Judiciary of the House of 
        Representatives a report detailing the enforcement actions 
        taken by the Federal Trade Commission and the Department of 
        Justice, respectively, over the preceding year in each case in 
        which not less than one victim was an elder or that involved a 
        financial scheme or scam that was either targeted directly 
        toward or largely affected elders, including--
                    (A) the name of the district where the case 
                originated;
                    (B) the style of the case, including the case name 
                and number;
                    (C) a description of the scheme or scam; and
                    (D) the outcome of the case.
    (d) Use of Appropriated Funds.--No additional funds are authorized 
to be appropriated to carry out this section.

      TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

SEC. 201. ESTABLISHMENT OF BEST PRACTICES FOR LOCAL, STATE, AND FEDERAL 
              DATA COLLECTION.

    (a) In General.--The Attorney General, in consultation with 
Federal, State, and local law enforcement agencies, shall--
            (1) establish best practices for data collection to focus 
        on elder abuse; and
            (2) provide technical assistance to State, local, and 
        tribal governments in adopting the best practices established 
        under paragraph (1).
    (b) Deadline.--Not later than 1 year after the date of enactment of 
this Act, the Attorney General shall publish the best practices 
established under subsection (a)(1) on the website of the Department of 
Justice in a publicly accessible manner.
    (c) Limitation.--Nothing in this section shall be construed to 
require or obligate compliance with the best practices established 
under subsection (a)(1).

SEC. 202. EFFECTIVE INTERAGENCY COORDINATION AND FEDERAL DATA 
              COLLECTION.

    (a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services shall, on an annual basis--
            (1) collect from Federal law enforcement agencies, other 
        agencies as appropriate, and Federal prosecutors' offices 
        statistical data related to elder abuse cases, including cases 
        or investigations where one or more victims were elders, or the 
        case or investigation involved a financial scheme or scam that 
        was either targeted directly toward or largely affected elders; 
        and
            (2) publish on the website of the Department of Justice in 
        a publicly accessible manner--
                    (A) a summary of the data collected under paragraph 
                (1); and
                    (B) recommendations for collecting additional data 
                relating to elder abuse, including recommendations for 
                ways to improve data reporting across Federal, State, 
                and local agencies.
    (b) Requirement.--The data collected under subsection (a)(1) shall 
include--
            (1) the total number of investigations initiated by Federal 
        law enforcement agencies, other agencies as appropriate, and 
        Federal prosecutors' offices related to elder abuse;
            (2) the total number and types of elder abuse cases filed 
        in Federal courts; and
            (3) for each case described in paragraph (2)--
                    (A) the name of the district where the case 
                originated;
                    (B) the style of the case, including the case name 
                and number;
                    (C) a description of the act or acts giving rise to 
                the elder abuse;
                    (D) in the case of a scheme or scam, a description 
                of such scheme or scam giving rise to the elder abuse;
                    (E) information about each alleged perpetrator of 
                the elder abuse; and
                    (F) the outcome of the case.
    (c) 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 relating to elder abuse cases 
investigated by adult protective services, which shall be included in 
the summary published under subsection (a)(2).
    (d) Prohibition on Individual Data.--None of the information 
reported under this section shall include specific individual 
identifiable data.

     TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS

SEC. 301. SENSE OF THE SENATE.

    (a) Findings.--The Senate finds the following:
            (1) The vast majority of cases of abuse, neglect, and 
        exploitation of older adults in the United States go 
        unidentified and unreported.
            (2) Not less than $2,900,000,000 is taken from older adults 
        each year due to financial abuse and exploitation.
            (3) Elder abuse, neglect, and exploitation have no 
        boundaries and cross all racial, social, class, gender, and 
        geographic lines.
            (4) Older adults who are abused are 3 times more likely to 
        die earlier than older adults of the same age who are not 
        abused.
            (5) Up to half of all older adults with dementia will 
        experience abuse.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) elder abuse involves the exploitation of potentially 
        vulnerable individuals with devastating physical, mental, 
        emotional, and financial consequences to the victims and their 
        loved ones;
            (2) to combat this affront to America's older adults, we 
        must do everything possible to both support victims of elder 
        abuse and prevent the abuse from occurring in the first place; 
        and
            (3) the Senate supports a multipronged approach to prevent 
        elder abuse and exploitation, protect the victims of elder 
        abuse and exploitation from further harm, and bring the 
        perpetrators of such crimes to justice.

SEC. 302. REPORT.

    (a) In General.--Not later than 1 year after the date on which the 
collection of statistical data under section 202(a)(1) begins and once 
each year thereafter, the Director of the Office for Victims of Crime 
shall submit a report to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives that 
addresses, to the extent data are available, the nature, extent, and 
amount of funding under the Victims of Crime Act of 1984 (42 U.S.C. 
10601 et seq.) for victims of crime who are elders.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of victims' assistance, victims' 
        compensation, and discretionary grants under which elder abuse 
        victims (including elder victims of financial abuse, financial 
        exploitation, and fraud) received assistance; and
            (2) recommendations for improving services for victims of 
        elder abuse.

      TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2016

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Robert Matava Elder Abuse 
Prosecution Act of 2016''.

SEC. 402. 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.'';
            (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''; and
            (4) by adding at the end the following:
``Sec. 2328. Mandatory forfeiture
    ``(a) In General.--The court, in imposing sentence on a person who 
is convicted of any offense for which an enhanced penalty is provided 
under section 2326, shall order that the defendant forfeit to the 
United States--
            ``(1) any property, real or personal, constituting or 
        traceable to gross proceeds obtained from such offense; and
            ``(2) any equipment, software, or other technology used or 
        intended to be used to commit or to facilitate the commission 
        of such offense.
    ``(b) Procedures.--The procedures set forth in section 413 of the 
Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of 
that section, and in Rule 32.2 of the Federal Rules of Criminal 
Procedure, shall apply to all stages of a criminal forfeiture 
proceeding under this section.''.
    (b) Technical and Conforming Amendments.--
            (1) 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''.
            (2) The table of sections for chapter 113A of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 2327 the following:

``2328. Mandatory forfeiture.''.

SEC. 403. TRAINING AND TECHNICAL ASSISTANCE FOR STATES.

    The Attorney General, in consultation with the Secretary of Health 
and Human Services and in coordination with the Elder Justice 
Coordinating Council (established under section 2021 of the Social 
Security Act (42 U.S.C. 1397k)), shall 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--
            (1) investigating, prosecuting, pursuing, preventing, 
        understanding, and mitigating the impact of--
                    (A) physical, sexual, and psychological abuse of 
                elders;
                    (B) exploitation of elders, including financial 
                abuse and scams targeting elders; and
                    (C) neglect of elders; and
            (2) assessing, addressing, and mitigating the physical and 
        psychological trauma to victims of elder abuse.

SEC. 404. INTERSTATE INITIATIVES.

    (a) Interstate Agreements and Compacts.--The consent of Congress is 
given to any two 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.
    (b) Recommendations on Interstate Communication.--The Executive 
Director of the State Justice Institute, in consultation with State or 
local adult protective services, aging, social, and human services and 
law enforcement agencies, nationally recognized nonprofit associations 
with expertise in data sharing among criminal justice agencies and 
familiarity with the issues raised in elder abuse cases, and the 
Secretary of Health and Human Services, shall submit to Congress 
legislative proposals relating to the facilitation of interstate 
agreements and compacts.

                         TITLE V--MISCELLANEOUS

SEC. 501. COURT-APPOINTED GUARDIANSHIP OVERSIGHT ACTIVITIES UNDER THE 
              ELDER JUSTICE ACT OF 2009.

    Section 2042(c) of the Social Security Act (42 U.S.C. 1397m-1(c)) 
is amended--
            (1) in paragraph (1), by inserting ``(and, in the case of 
        demonstration programs described in paragraph (2)(E), to the 
        highest courts of States)'' after ``States'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(and the highest courts of States, in the 
                case of demonstration programs described in 
                subparagraph (E))'' after ``local units of 
                government'';
                    (B) in subparagraph (D), by striking ``or'' after 
                the semicolon;
                    (C) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (D) by inserting after subparagraph (E), the 
                following new subparagraph:
                    ``(E) subject to paragraph (3), programs to assess 
                the fairness, effectiveness, timeliness, safety, 
                integrity, and accessibility of adult guardianship and 
                conservatorship proceedings, including the appointment 
                and the monitoring of the performance of court-
                appointed guardians and conservators, and to implement 
                changes deemed necessary as a result of the assessments 
                such as mandating background checks for all potential 
                guardians and conservators, and implementing systems to 
                enable the annual accountings and other required 
                conservatorship and guardianship filings to be 
                completed, filed, and reviewed electronically in order 
                to simplify the filing process for conservators and 
                guardians and better enable courts to identify 
                discrepancies and detect fraud and the exploitation of 
                protected persons; or'';
            (3) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (4), (5), and (6), respectively;
            (4) by inserting after paragraph (2), the following new 
        paragraph:
            ``(3) Requirements for court-appointed guardianship 
        oversight demonstration programs.--
                    ``(A) Award of grants.--In awarding grants to the 
                highest courts of States for demonstration programs 
                described in paragraph (2)(E), the Secretary shall 
                consider the recommendations of the Attorney General 
                and the State Justice Institute, as established by 
                section 203 of the State Justice Institute Act of 1984 
                (42 U.S.C. 10702).
                    ``(B) Collaboration.--The highest court of a State 
                awarded a grant to conduct a demonstration program 
                described in paragraph (2)(E) shall collaborate with 
                the State Unit on Aging for the State and the Adult 
                Protective Services agency for the State in conducting 
                the demonstration program.'';
            (5) in paragraph (4) (as redesignated by paragraph (3) of 
        this section), by inserting ``(and, in the case of 
        demonstration programs described in paragraph (2)(E), the 
        highest court of a State)'' after ``a State''; and
            (6) in paragraph (5) (as so redesignated), by inserting 
        ``(or, in the case of demonstration programs described in 
        paragraph (2)(E), the highest court of a State)'' after 
        ``State'' each place it appears.

SEC. 502. GAO REPORTS.

    (a) Elder Justice Recommendations.--Not later than 18 months after 
the date of enactment of this Act, the Comptroller General of the 
United States shall review existing Federal programs and initiatives in 
the Federal criminal justice system relevant to elder justice and shall 
submit to Congress--
            (1) a report on such programs and initiatives; and
            (2) any recommendations the Comptroller General determines 
        are appropriate to improve elder justice in the United States.
    (b) Report on Elder Abuse and International Criminal Enterprises.--
Not later than 18 months after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to Congress a 
report on--
            (1) the extent to which older adults of the United States 
        are being exploited in global drug trafficking schemes and 
        other international criminal enterprises;
            (2) the extent to which the exploitation of older adults of 
        the United States by international criminal enterprises has 
        resulted in the incarceration of these citizens of the United 
        States in foreign court systems, including a description of the 
        total number of such cases pending in foreign court systems; 
        and
            (3) whether, and to what extent, the Federal Government has 
        intervened with foreign officials on behalf of citizens of the 
        United States who are elder abuse victims in international 
        criminal enterprises, including a description, to the extent 
        such data is available, of--
                    (A) the total annual number of elder abuse cases 
                pending in the United States and foreign court systems; 
                and
                    (B) the total annual number of citizens of the 
                United States who are over the age of 60 years and who 
                are incarcerated overseas as a result of their 
                exploitation in global drug trafficking schemes or 
                other international criminal enterprises.

SEC. 503. OUTREACH TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES.

    The Attorney General shall submit to the Committee on the Judiciary 
of the Senate and the Committee on the Judiciary of the House of 
Representatives a report on efforts by the Department of Justice to 
conduct outreach to State and local law enforcement agencies on the 
process for collaborating with the Federal Government for the purpose 
of investigating and prosecuting interstate and international elder 
financial exploitation cases.

SEC. 504. MODEL POWER OF ATTORNEY LEGISLATION.

    The Attorney General shall publish model power of attorney 
legislation for the purpose of preventing elder abuse.

SEC. 505. BEST PRACTICES AND MODEL LEGISLATION FOR GUARDIANSHIP 
              PROCEEDINGS.

    The Attorney General shall publish best practices for improving 
guardianship proceedings and model legislation relating to guardianship 
proceedings for the purpose of preventing elder abuse.
                                                       Calendar No. 635

114th CONGRESS

  2d Session

                                S. 3270

_______________________________________________________________________

                                 A BILL

    To prevent elder abuse and exploitation and improve the justice 
  system's response to victims in elder abuse and exploitation cases.

_______________________________________________________________________

                           September 20, 2016

                       Reported with an amendment