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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Engrossed in Senate (ES)]

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115th CONGRESS
  1st Session
                                 S. 178

_______________________________________________________________________

                                 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.

            Passed the Senate August 1, 2017.

            Attest:

                                                             Secretary.
115th CONGRESS

  1st Session

                                 S. 178

_______________________________________________________________________

                                 AN ACT

    To prevent elder abuse and exploitation and improve the justice 
  system's response to victims in elder abuse and exploitation cases.
```