II 

114TH CONGRESS 

1ST SESSION S. 1663 

To better protect, serve, and advance the rights of victims of elder abuse 

and financial exploitation by encouraging States and other qualified entities to hold offenders accountable, enhance the capacity of the justice 

system to investigate, pursue, and prosecute elder abuse cases, identify 

existing resources to leverage to the extent possible, and assure data 

collection, research, and evaluation to promote the efficacy and efficiency 

of the activities described in this Act. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2015 

Mr. BLUMENTHAL (for himself and Ms. AYOTTE) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To better protect, serve, and advance the rights of victims 

of elder abuse and financial exploitation by encouraging 

States and other qualified entities to hold offenders accountable, enhance the capacity of the justice system 

to investigate, pursue, and prosecute elder abuse cases, 

identify existing resources to leverage to the extent possible, and assure data collection, research, and evaluation 

to promote the efficacy and efficiency of the activities 

described in this Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Robert Matava Elder Abuse Victims Act of 2015’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION 

DIRECTED AT ELDERS 

Sec. 101. Enhanced penalty for telemarketing and email-marketing fraud directed at elders. 

Sec. 102. Data collection. 

TITLE II—COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL 

PROSECUTION AS IT RELATES TO ELDER JUSTICE 

Sec. 201. Model States laws and practices. 

Sec. 202. Grant program. 

TITLE III—INTERSTATE INITIATIVES 

Sec. 301. Interstate agreements and compacts. 

Sec. 302. Recommendations on interstate communication. 

TITLE IV—GAO REPORT 

Sec. 401. GAO report to assess cost of elder abuse on Federal programs. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the terms ‘‘abuse’’, ‘‘elder’’, ‘‘elder justice’’, 

9 ‘‘exploitation’’, and ‘‘neglect’’ have the meanings 

10 given those terms in section 2011 of the Social Secu11 rity Act (42 U.S.C. 1397j); 

12 (2) the term ‘‘adult protective services’’— 

13 (A) means such services provided to adults 

14 as specified in Federal, State, or local law per15 taining to adult protective services; and 


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1 (B) includes services such as— 

2 (i) receiving reports of elder abuse, 

3 neglect, or exploitation; 

4 (ii) investigating the reports described 

5 in clause (i); 

6 (iii) case planning, monitoring, evalua7 tion, and other case work and services; and 

8 (iv) providing, arranging for, or facili9 tating the provision of medical, social serv10 ice, economic, legal, housing, law enforce11 ment, or other protective emergency, or 

12 support services; 

13 (3) the term ‘‘elder abuse’’ includes neglect and 

14 exploitation; 

15 (4) the term ‘‘State’’ means each of the several 

16 States of the United States, the District of Colum17 bia, the Commonwealth of Puerto Rico, and any 

18 other territory of possession of the United States; 

19 and 

20 (5) the term ‘‘task force’’ means a multidisci21 plinary task force on elder justice established or des22 ignated under section 202(a)(2)(A)(ii). 


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1 TITLE I—FEDERAL PROSECU2 TION OF ABUSE AND EXPLOI3 TATION DIRECTED AT EL4 DERS 

5 SEC. 101. ENHANCED PENALTY FOR TELEMARKETING AND 

6 EMAIL-MARKETING FRAUD DIRECTED AT EL7 DERS. 

8 (a) IN GENERAL.—Chapter 113A of title 18, United 

9 States Code, is amended— 

10 (1) in the chapter heading by inserting ‘‘AND 

11 EMAIL MARKETING’’ after ‘‘TELE12 MARKETING’’; 

13 (2) by striking section 2325 and inserting the 

14 following: 

15 ‘‘§ 2325. Definition 

16 ‘‘In this chapter, the term ‘telemarketing or email 

17 marketing’— 

18 ‘‘(1) means a plan, program, promotion, or 

19 campaign that is conducted to induce— 

20 ‘‘(A) purchases of goods or services; 

21 ‘‘(B) participation in a contest or sweep22 stakes; 

23 ‘‘(C) a charitable contribution, donation, or 

24 gift of money or any other thing of value; 

25 ‘‘(D) investment for financial profit; 


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1 ‘‘(E) participation in a business oppor2 tunity; 

3 ‘‘(F) commitment to a loan; or 

4 ‘‘(G) participation in a fraudulent medical 

5 study, research study, or pilot study, by use of 

6 1 or more interstate telephone calls, emails, text 

7 messages, or electronic instant messages initi8 ated either by a person who is conducting the 

9 plan, program, promotion, or campaign or by a 

10 prospective purchaser or contest or sweepstakes 

11 participant or charitable contributor, donor, or 

12 investor; and 

13 ‘‘(2) does not include the solicitation through 

14 the posting, publication, or mailing of a catalog or 

15 brochure that— 

16 ‘‘(A) contains a written description or il17 lustration of the goods, services, or other oppor18 tunities being offered; 

19 ‘‘(B) includes the business address of the 

20 solicitor; 

21 ‘‘(C) includes multiple pages of written 

22 material or illustration; and 

23 ‘‘(D) has been issued not less frequently 

24 than once a year, if the person making the so25 licitation does not solicit customers by teleVerDate Sep 11 2014 00:14 Jun 27, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663

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1 phone, email, text message, or electronic instant 

2 message, but only receives interstate telephone 

3 calls, emails, text messages, or electronic in4 stant messages initiated by customers in re5 sponse to the written materials, whether in 

6 hard copy or digital format, and in response to 

7 those interstate telephone calls, emails, text 

8 messages, or electronic instant messages does 

9 not conduct further solicitation.’’; and 

10 (3) in section 2326, in the matter preceding 

11 paragraph (1)— 

12 (A) by striking ‘‘or 1344’’ and inserting 

13 ‘‘1344, or 1347 or section 1128B of the Social 

14 Security Act (42 U.S.C. 1320a–7b)’’; and 

15 (B) by inserting ‘‘or email marketing’’ 

16 after ‘‘telemarketing’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of chapters at the beginning of part I of title 

19 18, United States Code, is amended by striking the item 

20 relating to chapter 113A and inserting the following: 

‘‘113A. Telemarketing and email marketing fraud ................................. 2325’’. 

21 SEC. 102. DATA COLLECTION. 

22 (a) IN GENERAL.—The Attorney General, in con23 sultation with the Secretary of Health and Human Serv24 ices, shall, on an annual basis— 


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1 (1) identify common data points among Fed2 eral, State, and local law enforcement agencies and 

3 prosecutor offices that would allow for the collection 

4 of uniform national data; 

5 (2) collect from Federal, State, and local law 

6 enforcement agencies and prosecutor offices statis7 tical data relating to the incidence of elder abuse, in8 cluding data relating to— 

9 (A) the number of elder abuse cases re10 ferred to law enforcement agencies or any other 

11 State entity tasked with addressing elder abuse; 

12 (B) the number and types of cases filed in 

13 Federal, State, and local courts; and 

14 (C) the outcomes of the cases described in 

15 subparagraphs (A) and (B); 

16 (3) publish a summary of the data collected 

17 under paragraphs (1) and (2); 

18 (4) identify— 

19 (A) the types of data relevant to elder 

20 abuse that should be collected; and 

21 (B) what entity is most capable of col22 lecting the data described in subparagraph (A); 

23 and 

24 (5) develop recommendations for collecting ad25 ditional data relating to elder abuse, including recVerDate Sep 11 2014 00:14 Jun 27, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663

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1 ommendations for ways to improve data reporting 

2 across Federal, State, and local agencies so that di3 rect service providers can more easily meet data re4 porting requirements. 

5 (b) HHS REQUIREMENT.—The Secretary of Health 

6 and Human Services shall, on an annual basis, provide 

7 to the Attorney General, statistical data collected by the 

8 Secretary of Health and Human Services relating to the 

9 number of elder abuse cases referred to adult protective 

10 services, which shall be included in the summary published 

11 under subsection (a)(3). 

12 (c) PROHIBITION ON INDIVIDUAL DATA.—None of 

13 the information reported under this section shall include 

14 specific individual identifiable data. 

15 TITLE II—COORDINATION OF 

16 CIVIL PROTECTIONS AND 

17 CRIMINAL PROSECUTION AS 

18 IT RELATES TO ELDER JUS19 TICE 

20 SEC. 201. MODEL STATES LAWS AND PRACTICES. 

21 The Attorney General, in consultation with the Sec22 retary of Health and Human Services and the Elder Jus23 tice Coordinating Council (established under section 2021 

24 of the Social Security Act (42 U.S.C. 1397k)), shall— 


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1 (1) create, compile, evaluate, and disseminate 

2 materials and information, and provide the nec3 essary training and technical assistance, to assist 

4 States and units of local government in— 

5 (A) investigating, prosecuting, pursuing, 

6 preventing, understanding, and mitigating the 

7 impact of— 

8 (i) physical, sexual, and psychological 

9 abuse of elders; 

10 (ii) exploitation of elders, including fi11 nancial abuse and scams targeting elders; 

12 and 

13 (iii) neglect of elders; and 

14 (B) assessing, addressing, and mitigating 

15 the physical and psychological trauma to vic16 tims of elder abuse; 

17 (2) collect data and perform an evidence-based 

18 evaluation to— 

19 (A) assure the efficacy of measures and 

20 methods intended to prevent, detect, respond to, 

21 or redress elder abuse; and 

22 (B) evaluate the number of victims of elder 

23 abuse in each State and the extent to which the 

24 needs of the victims are served by crime victim 

25 services, programs, and sources of funding; 


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1 (3) publish a report, on an annual basis, that 

2 describes the results of the evaluations conducted 

3 under paragraphs (1) and (2), and submit the report 

4 to each Federal agency, each State, and the Com5 mittee on the Judiciary and the Special Committee 

6 on Aging of the Senate and the Committee on the 

7 Judiciary of the House of Representatives; 

8 (4) evaluate training models to determine best 

9 practices, create replication guides, create training 

10 materials, if necessary, for law enforcement officers, 

11 prosecutors, judges, guardians, emergency respond12 ers, individuals working in victim services, adult pro13 tective services, social services, and public safety, 

14 medical personnel, mental health personnel, financial 

15 services personnel, and any other individuals whose 

16 work may bring them in contact with elder abuse re17 garding how to— 

18 (A) conduct investigations in elder abuse 

19 cases; 

20 (B) address evidentiary issues and other 

21 legal issues; and 

22 (C) appropriately assess, respond to, and 

23 interact with victims and witnesses in elder 

24 abuse cases, including in administrative, civil, 

25 and criminal judicial proceedings; 


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1 (5) conduct, and update on a regular basis, a 

2 study of laws and practices relating to elder abuse, 

3 neglect, and exploitation, including— 

4 (A) a comprehensive description of State 

5 laws and practices; 

6 (B) an analysis of the effectiveness of 

7 State laws and practices, including— 

8 (i) whether the State laws are en9 forced; and 

10 (ii) if enforced— 

11 (I) how the State laws are en12 forced; and 

13 (II) how enforcement of the State 

14 laws has effected elder abuse within 

15 the State; 

16 (C) a review of State definitions of the 

17 terms ‘‘abuse’’, ‘‘neglect’’, and ‘‘exploitation’’ in 

18 the context of elder abuse cases; 

19 (D) a review of State laws that mandate 

20 reporting of elder abuse, including adult protec21 tive services laws, laws that require the report22 ing of nursing home deaths or suspicious deaths 

23 of elders to coroners or medical examiners, and 

24 other pertinent reporting laws, that analyzes— 


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1 (i) the impact and efficacy of the 

2 State laws; 

3 (ii) whether the State laws are en4 forced; 

5 (iii) the levels of compliance with the 

6 State laws; and 

7 (iv) the response to, and actions taken 

8 as a result of, reports made under the 

9 State laws; 

10 (E) a review of State evidentiary, proce11 dural, sentencing, choice of remedies, and data 

12 retention issues relating to elder abuse, neglect, 

13 and exploitation; 

14 (F) a review of State fiduciary laws, in15 cluding law relating to guardianship, con16 servatorship, and power of attorney; 

17 (G) a review of State laws that permit or 

18 encourage employees of depository institutions 

19 (as defined in section 3(c)(1) of the Federal 

20 Deposit Insurance Act (12 U.S.C. 1813(c)(1)) 

21 and State credit unions (as defined in section 

22 101 of the Federal Credit Union Act (12 

23 U.S.C. 1752)) to prevent and report suspected 

24 elder abuse, neglect, and exploitation; 


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1 (H) a review of State laws used in civil 

2 court proceedings to prevent and address elder 

3 abuse; 

4 (I) a review of State laws relating to fraud 

5 and related activities in connection with mail, 

6 telemarketing, the Internet, or health care; 

7 (J) a review of State laws that create pro8 grams, offices, entities, or other programs that 

9 address or respond to elder abuse; and 

10 (K) an analysis of any other State laws re11 lating to elder abuse; and 

12 (6) carry out such other duties as the Attorney 

13 General determines necessary in connection with en14 hancing the understanding, prevention, detection, 

15 and response to elder abuse. 

16 SEC. 202. GRANT PROGRAM. 

17 (a) ESTABLISHMENT.— 

18 (1) IN GENERAL.—The Attorney General shall 

19 establish a grant program to— 

20 (A) award grants and provide technical as21 sistance to not more than 10 States to assist 

22 the States in developing, establishing, and oper23 ating programs designed to improve— 


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1 (i) the response to cases of elder 

2 abuse in a manner that limits additional 

3 trauma to the elder victims; and 

4 (ii) the investigation and prosecution 

5 of cases of elder abuse; and 

6 (B) in consultation with the Secretary of 

7 Health and Human Services and the Legal 

8 Services Corporation, award grants to not more 

9 than 6 civil legal services entities that could 

10 prevent or provide remedies for abuse, neglect, 

11 and exploitation and collaborate with other or12 ganizations seeking to prevent, detect, and re13 spond to elder abuse. 

14 (2) ELIGIBILITY.— 

15 (A) STATES.— 

16 (i) IN GENERAL.—A State is eligible 

17 to receive a grant or technical assistance 

18 under paragraph (1)(A) if the State— 

19 (I) has a crime victims com20 pensation program that meets the cri21 teria described in section 1403(b) of 

22 the Victims of Crime Act of 1984 (42 

23 U.S.C. 10602(b)); and 

24 (II) is in compliance with clause 

25 (ii). 


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1 (ii) ESTABLISHMENT OF TASK

2 FORCE.— 

3 (I) IN GENERAL.—In order to be 

4 eligible to receive a grant under para5 graph (1)(A), a State shall establish 

6 or, subject to subclause (V), designate 

7 a multidisciplinary task force on elder 

8 justice that is composed of profes9 sionals with knowledge and experience 

10 relating to the criminal justice system 

11 and issues of elder abuse. 

12 (II) MEMBERSHIP REQUIRE13 MENT.—Except as provided in sub14 clause (VI), a task force shall include 

15 not less than 1 representative from— 

16 (aa) law enforcement agen17 cies, such as police officers, sher18 iffs and deputy sheriffs, detec19 tives, public safety officers, cor20 rections officers, investigators, 

21 and victims’ service personnel; 

22 (bb) the crime victim com23 pensation program of the State; 

24 (cc) judicial and legal offi25 cers, including individuals who 


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1 work on cases of elder abuse and 

2 guardianship experts; 

3 (dd) elder justice and elder 

4 law advocates, including local 

5 agencies on aging and local pub6 lic and private agencies and enti7 ties relating to elder abuse and 

8 other crimes against elders; 

9 (ee) the financial services in10 dustry; 

11 (ff) health and mental 

12 health professionals; 

13 (gg) social services agencies 

14 in the State; 

15 (hh) State and local adult 

16 protective services offices; and 

17 (ii) family members of vic18 tims of elder abuse. 

19 (III) REVIEW AND EVALUA20 TION.—A task force shall— 

21 (aa) review and evaluate the 

22 investigative, administrative, and 

23 judicial (including civil and crimi24 nal) responses to cases of elder 

25 abuse in the State; 


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1 (bb) make recommendations 

2 to the State based on the review 

3 and evaluation conducted under 

4 item (aa), including recommenda5 tions relating to— 

6 (AA) modifying the in7 vestigative, administrative, 

8 and judicial response to 

9 cases of elder abuse, in a 

10 manner that— 

11 (BB) reduces the addi12 tional trauma to the elder 

13 victim; 

14 (CC) ensures proce15 dural fairness to the indi16 vidual accused of elder 

17 abuse; and 

18 (DD) experimental, 

19 model, and demonstration 

20 programs for testing innova21 tive approaches and tech22 niques that may improve the 

23 rate of successful prosecu24 tion or enhance the effec25 tiveness of judicial and adVerDate Sep 11 2014 00:14 Jun 27, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1663.IS S1663

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1 ministrative action in elder 

2 abuse cases, and which en3 sure procedural fairness to 

4 the accused, including a de5 termination of which pro6 grams are most effective; 

7 and 

8 (cc) submit the rec9 ommendations described in item 

10 (bb) to the Attorney General. 

11 (IV) INTERIM REPORT.—Not 

12 later than 1 year after the end of the 

13 grant period under this section, each 

14 State that receives a grant under this 

15 section shall submit to the Attorney 

16 General a report that includes— 

17 (aa) an evaluation of the ef18 fectiveness of the grant program; 

19 (bb) a list of all laws of the 

20 State relating to elder abuse; and 

21 (cc) any other information 

22 the Attorney General may re23 quire. 

24 (V) TASK FORCE ALTER25 NATIVE.—If determined appropriate 


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1 by the Attorney General, a State may 

2 designate a commission or task force 

3 established by a State before January 

4 1, 2012, with membership and func5 tions comparable to those described in 

6 subclauses (II) and (III), as a task 

7 force for the purposes of this clause. 

8 (VI) TASK FORCE MEMBERSHIP

9 WAIVER.—The Attorney General may 

10 waive, in part, the task force member11 ship requirements under subclause 

12 (II) for a State that demonstrates a 

13 need for the waiver. 

14 (B) LEGAL SERVICE ENTITIES.— 

15 (i) IN GENERAL.—A legal service enti16 ty is eligible to receive a grant under para17 graph (1)(B) if the entity can demonstrate 

18 a commitment to representation of elder 

19 abuse victims or potential victims and par20 ticipating in multidisciplinary and inter21 agency efforts to combat elder abuse. 

22 (ii) REQUIREMENTS.—To receive a 

23 grant under paragraph (1)(B) an entity 

24 shall— 


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1 (I) be an experienced nonprofit 

2 legal services provider; and 

3 (II) propose or demonstrate— 

4 (aa) collaboration with State 

5 or local aging, social, and human 

6 services and law enforcement 

7 agencies; 

8 (bb) partnership with profes9 sionals with knowledge and expe10 rience relating to the criminal 

11 justice system; and 

12 (cc) methodology for timely 

13 evidenced-based evaluation. 

14 (3) GEOGRAPHIC DIVERSITY.—The Attorney 

15 General shall make every effort to ensure equitable 

16 geographic distribution of grants under this section 

17 and take into consideration the needs of underserved 

18 populations, including rural and tribal communities. 

19 (b) USE OF FUNDS.— 

20 (1) IN GENERAL.—Grant funds awarded under 

21 this section may be used to support— 

22 (A) State, county, and local prosecutor of23 fices and courts in elder abuse matters, includ24 ing— 


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1 (i) hiring or paying salary and bene2 fits for employees and establishing or im3 plementing units designated to work on 

4 elder justice issues in State prosecutors’ 

5 offices and State courts; and 

6 (ii) hiring or paying salary and bene7 fits for an employee to coordinate elder 

8 justice-related cases, training, technical as9 sistance, and policy development for State, 

10 county, and local prosecutors and courts; 

11 (B) State and local law enforcement agen12 cies investigating cases of elder abuse; and 

13 (C) adult protective services. 

14 (2) LIMITATION.—A State or legal services en15 tity that receives a grant under this section may not 

16 use more than 8 percent of the amount of the grant 

17 for administrative or personnel costs. 

18 (3) SUPPLEMENTAL FUNDING.—Any grant 

19 funds awarded under this section that are used as 

20 described in paragraph (1)(C) shall be used to sup21 plement, not supplant, other Federal, State, or local 

22 government funding. 

23 (c) DURATION OF GRANT.—A grant awarded under 

24 this section shall be for a period of not more than 3 years. 


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1 (d) REPORT.—Not later than 1 year after the date 

2 on which the Attorney General awards grants under sub3 section (a)(1)(B), the Attorney General shall submit to 

4 Congress a report on the grant program that includes the 

5 results of the grant program and recommendations for 

6 such legislation and administrative action as the Attorney 

7 General determines to be appropriate. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Attorney General 

10 such sums as are necessary for fiscal years 2016 through 

11 2018 to carry out this section. 

12 TITLE III—INTERSTATE 

13 INITIATIVES 

14 SEC. 301. INTERSTATE AGREEMENTS AND COMPACTS. 

15 The consent of Congress is given to any 2 or more 

16 States (acting through State agencies with jurisdiction 

17 over adult protective services) to enter into agreements or 

18 compacts for cooperative effort and mutual assistance— 

19 (1) in promoting the safety and well-being of el20 ders; and 

21 (2) in enforcing their respective laws and poli22 cies to promote such safety and well-being. 


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1 SEC. 302. RECOMMENDATIONS ON INTERSTATE COMMU2 NICATION. 

3 The Executive Director of the State Justice Institute, 

4 in consultation with State or local aging, social, and 

5 human services and law enforcement agencies and nation6 ally recognized nonprofit associations with expertise in 

7 data sharing among criminal justice agencies and famili8 arity with the issues raised in elder exploitation cases, 

9 shall submit to Congress legislative proposals relating to 

10 the facilitation of interstate agreements and compacts. 

11 TITLE IV—GAO REPORT 

12 SEC. 401. GAO REPORT TO ASSESS COST OF ELDER ABUSE 

13 ON FEDERAL PROGRAMS. 

14 Not later than 1 year after the date of enactment 

15 of this Act, the Comptroller General of the United States, 

16 in consultation with the Secretary of Health and Human 

17 Services, the Department of Health and Human Services 

18 Office of the Inspector General, the Attorney General, and 

19 the Chairman of the Federal Trade Commission, shall 

20 publish a report reviewing any findings on the financial 

21 cost to the Federal Government from the abuse and exploi22 tation of elders. 

Æ 


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