[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Enrolled Bill (ENR)]
S.178
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
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,
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 2017
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 individually
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 2017
SEC. 401. SHORT TITLE.
This title may be cited as the ``Robert Matava Elder Abuse
Prosecution Act of 2017''.
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 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
``(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 (D), 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) Federal Government efforts to monitor--
(A) the exploitation of older adults of the United States
in global drug trafficking schemes and other international
criminal enterprises;
(B) the extent to which 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 countries; and
(C) the total annual number of elder abuse cases pending in
the United States; and
(2) the results of intervention by the United States with
foreign officials on behalf of citizens of the United States who
are elder abuse victims in 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.