[Congressional Record Volume 163, Number 130 (Tuesday, August 1, 2017)]
[Senate]
[Pages S4681-S4684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ELDER ABUSE PREVENTION AND PROSECUTION ACT
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 23, S. 178.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 178) to prevent elder abuse and exploitation and
improve the justice system's response to victims in elder
abuse and exploitation cases.
There being no objection, the Senate proceeded to consider the bill.
Mr. PORTMAN. Mr. President, I ask unanimous consent that the Grassley
amendment at the desk be considered and agreed to, and the bill, as
amended, be considered read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 742) was agreed to, as follows:
(Purpose: To improve the bill)
On page 12, line 3, strike ``individual'' and insert
``individually''.
Beginning on page 23, strike line 15 and all that follows
through page 24, line 15 and insert the following:
(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.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. PORTMAN. Mr. President, I know of no further debate on the bill.
The PRESIDING OFFICER. Is there further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall it pass?
The bill (S. 178), as amended, was passed, as follows:
S. 178
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.
[[Page S4682]]
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).
[[Page S4683]]
(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'';
[[Page S4684]]
(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.
Mr. PORTMAN. I ask unanimous consent that the motion to reconsider be
considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________