[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 178
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
January 20, 2017
Mr. Grassley (for himself, Mr. Blumenthal, Mr. Tillis, Ms. Klobuchar,
Mr. Cornyn, Mr. Leahy, Mr. Bennet, and Mrs. Feinstein) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
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,
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 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 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) 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.
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