[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.