[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 115-70
115th Congress

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

[[Page 1209]]

(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

[[Page 1210]]

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

[[Page 1211]]

(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;

[[Page 1212]]

(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.

[[Page 1213]]

(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

[[Page 1214]]

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.

[[Page 1215]]

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;

[[Page 1216]]

(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

[[Page 1217]]

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.

Approved October 18, 2017.

LEGISLATIVE HISTORY--S. 178:
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SENATE REPORTS: No. 115-9 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 163 (2017):
Aug. 1, considered and passed Senate.
Oct. 3, considered and passed House.