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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3598 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3598

   To protect elder adults from exploitation and financial crime, to 
 prevent elder adult abuse and financial exploitation, and to promote 
                        safety for elder adults.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 20, 2012

Mr. Blumenthal introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To protect elder adults from exploitation and financial crime, to 
 prevent elder adult abuse and financial exploitation, and to promote 
                        safety for elder adults.

    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 ``Robert Matava 
Exploitation Protection for Elder Adults Act of 2012''.
    (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--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. Civil protection and criminal prosecution.
                   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.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act--
            (1) the terms ``abuse'', ``elder'', ``elder justice'', 
        ``exploitation'', and ``neglect'' have the meanings given those 
        terms in section 2011 of the Social Security Act (42 U.S.C. 
        1397j);
            (2) the term ``adult protective services''--
                    (A) means such services provided to adults as 
                specified in Federal, State, or local law pertaining to 
                adult protective services; and
                    (B) includes services such as--
                            (i) receiving reports of adult abuse, 
                        neglect, or exploitation;
                            (ii) investigating the reports described in 
                        clause (i);
                            (iii) case planning, monitoring, 
                        evaluation, and other case work and services; 
                        and
                            (iv) providing, arranging for, or 
                        facilitating the provision of medical, social 
                        service, economic, legal, housing, law 
                        enforcement, or other protective emergency, or 
                        support services;
            (3) the term ``caregiver''--
                    (A) means an individual who has the responsibility 
                for the care of an elder either voluntarily, by 
                contract, by receipt of payment for care, or as a 
                result of the operation of law; and
                    (B) shall include a family member or other 
                individual who provides (on behalf of such individual 
                or of a public or private agency, organization, or 
                institution) compensated or uncompensated care to an 
                elder who needs supportive services in any setting;
            (4) the term ``elder abuse'' includes neglect and 
        exploitation;
            (5) the term ``fiduciary''--
                    (A) means an individual or entity with the legal 
                responsibility--
                            (i) to make decisions on behalf of and for 
                        the benefit of another individual; and
                            (ii) to act in good faith and with 
                        fairness; and
                    (B) shall include--
                            (i) a trustee;
                            (ii) a guardian;
                            (iii) a conservator;
                            (iv) an executor;
                            (v) an agent under a financial power of 
                        attorney or health care power of attorney; or
                            (vi) a representative payee; and
            (6) the term ``State'' means any of the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands of the United States, Guam, American Samoa, and 
        the Commonwealth of the Mariana Islands.

  TITLE I--FEDERAL PROSECUTION OF ABUSE AND EXPLOITATION DIRECTED AT 
                                 ELDERS

SEC. 101. 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 1 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 of sales through 
        the posting, publication, or mailing of a catalog that--
                    ``(A) contains a written description or 
                illustration of the goods or services offered for sale;
                    ``(B) includes the business address of the seller;
                    ``(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 catalog and in response to 
        those interstate telephone calls, emails, text messages, or 
        electronic instant messages does not conduct further 
        solicitation;''; and
            (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''.
    (b) Technical and Conforming Amendment.--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''.

SEC. 102. DATA COLLECTION.

    The Attorney General, in consultation with the Secretary of Health 
and Human Services, shall, on an annual basis--
            (1) collect from Federal, State, and local law enforcement 
        agencies and prosecutor offices statistical data relating to 
        the incidence of elder abuse, including data relating to--
                    (A) the number of elder abuse cases referred to law 
                enforcement agencies, adult protective services, or any 
                other State entity tasked with addressing elder abuse;
                    (B) the number and types of cases filed in Federal, 
                State, and local courts; and
                    (C) the outcomes of the cases described in 
                subparagraphs (A) and (B) and the reasons for such 
                outcomes;
            (2) identify common data points among Federal, State, and 
        local law enforcement agencies and prosecutor offices that 
        would allow for the collection of uniform national data;
            (3) publish a summary of the data collected under 
        paragraphs (1) and (2);
            (4) identify--
                    (A) the types of data relevant to elder abuse that 
                should be collected; and
                    (B) what entity is most capable of collecting the 
                data described in subparagraph (A); and
            (5) develop recommendations for collecting additional data 
        relating to elder abuse.

TITLE II--COORDINATION OF CIVIL PROTECTIONS AND CRIMINAL PROSECUTION AS 
                      IT RELATES TO ELDER JUSTICE

SEC. 201. MODEL STATES LAWS AND PRACTICES.

    The Attorney General, in consultation with the Secretary of Health 
and Human Services and the Elder Justice Coordinating Council 
(established under section 2021 of the Social Security Act (42 U.S.C. 
1397k)), shall--
            (1) 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--
                    (A) investigating, prosecuting, pursuing, 
                preventing, understanding, and mitigating the impact 
                of--
                            (i) physical, sexual, and psychological 
                        abuse of elders;
                            (ii) exploitation of elders, including 
                        financial abuse and scams targeting elders; and
                            (iii) neglect of elders; and
                    (B) assessing, addressing, and mitigating the 
                physical and psychological trauma to victims of elder 
                abuse;
            (2) collect data and perform an evidence-based evaluation 
        to--
                    (A) assure the efficacy of measures and methods 
                intended to prevent, detect, respond to, or redress 
                elder abuse; and
                    (B) evaluate the number of victims of elder abuse 
                in each State and the extent to which the needs of the 
                victims are served by crime victim services, programs, 
                and sources of funding;
            (3) publish a report, on an annual basis, that describes 
        the results of the evaluations conducted under paragraphs (1) 
        and (2), and submit the report to each Federal agency, each 
        State, and the Committee on the Judiciary and the Special 
        Committee on Aging of the Senate and the Committee on the 
        Judiciary of the House of Representatives;
            (4) evaluate training models to determine best practices, 
        create replication guides, create training materials, if 
        necessary, 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;
            (5) conduct, and update on a regular basis, a study of laws 
        and practices relating to elder abuse, neglect, and 
        exploitation, including--
                    (A) a comprehensive description of State laws and 
                practices;
                    (B) an analysis of the effectiveness of State laws 
                and practices, including--
                            (i) whether the State laws are enforced; 
                        and
                            (ii) if enforced--
                                    (I) how the State laws are 
                                enforced; and
                                    (II) how enforcement of the State 
                                laws has effected elder abuse within 
                                the State;
                    (C) a review of State definitions of the terms 
                ``abuse'', ``neglect'', and ``exploitation'' in the 
                context of elder abuse cases;
                    (D) a review of State laws that mandate reporting 
                of elder abuse, including adult protective services 
                laws, laws that require the reporting of nursing home 
                deaths or suspicious deaths of elders to coroners or 
                medical examiners, and other pertinent reporting laws, 
                that analyzes--
                            (i) the impact and efficacy of the State 
                        laws;
                            (ii) whether the State laws are enforced;
                            (iii) the levels of compliance with the 
                        State laws; and
                            (iv) the response to, and actions taken as 
                        a result of, reports made under the State laws;
                    (E) a review of State evidentiary, procedural, 
                sentencing, choice of remedies, and data retention 
                issues relating to elder abuse, neglect, and 
                exploitation;
                    (F) a review of State fiduciary laws, including law 
                relating to guardianship, conservatorship, and power of 
                attorney;
                    (G) a review of State laws that permit or encourage 
                employees of depository institutions (as defined in 
                section 3(c)(1) of the Federal Deposit Insurance Act 
                (12 U.S.C. 1813(c)(1)) and State credit unions (as 
                defined in section 101 of the Federal Credit Union Act 
                (12 U.S.C. 1752)) to prevent and report suspected elder 
                abuse, neglect, and exploitation;
                    (H) a review of State laws used in civil court 
                proceedings to prevent and address elder abuse;
                    (I) a review of State laws relating to fraud and 
                related activities in connection with mail, 
                telemarketing, the Internet, or health care;
                    (J) a review of State laws that create programs, 
                offices, entities, or other programs that address or 
                respond to elder abuse; and
                    (K) an analysis of any other State laws relating to 
                elder abuse; and
            (6) carry out such other duties as the Attorney General 
        determines necessary in connection with enhancing the 
        understanding, prevention, detection, and response to elder 
        abuse.

SEC. 202. CIVIL PROTECTION AND CRIMINAL PROSECUTION.

    (a) Establishment.--
            (1) In general.--The Attorney General, in cooperation with 
        the Secretary of Health and Human Services and the Legal 
        Services Corporation, shall establish a demonstration program 
        to provide grants on an annual basis to not more than 6 civil 
        legal services entities that could prevent or provide remedies 
        for abuse, neglect, and exploitation and collaborate with other 
        organizations seeking to prevent, detect, and respond to elder 
        abuse.
            (2) Eligibility.--Grants awarded under paragraph (1) shall 
        be provided to entities that demonstrate a commitment to 
        representation of elder abuse victims or potential victims and 
        participating in multidisciplinary and interagency efforts to 
        combat elder abuse.
    (b) Requirements.--To receive a grant under this section an entity 
shall--
            (1) be an experienced nonprofit legal services provider; 
        and
            (2) propose or demonstrate--
                    (A) collaboration with State or local aging, 
                social, and human services and law enforcement 
                agencies;
                    (B) partnership with professionals with knowledge 
                and experience relating to the criminal justice system; 
                and
                    (C) methodology for timely evidenced-based 
                evaluation.
    (c) Report.--Not later than 6 months after the completion of the 
demonstration program under this section, the Secretary shall submit to 
Congress a report on such program, that includes the results of the 
program and recommendations for such legislation and administrative 
action as the Attorney and Secretary determines to be appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as are necessary for 
fiscal years 2013 through 2017 to carry out this section.

                   TITLE III--INTERSTATE INITIATIVES

SEC. 301. INTERSTATE AGREEMENTS AND COMPACTS.

    The consent of Congress is given to any 2 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.

SEC. 302. RECOMMENDATIONS ON INTERSTATE COMMUNICATION.

    The Executive Director of the State Justice Institute, in 
consultation with State or local aging, social, and human services and 
law enforcement agencies and nationally recognized nonprofit 
associations with expertise in data sharing among criminal justice 
agencies and familiarity with the issues raised in elder exploitation 
cases, shall submit to Congress legislative proposals relating to the 
facilitation of interstate agreements and compacts.

                          TITLE IV--GAO REPORT

SEC. 401. GAO REPORT TO ASSESS COST OF ELDER ABUSE ON FEDERAL PROGRAMS.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, in consultation with the 
Secretary of Health and Human Services, the Department of Health and 
Human Services Office of the Inspector General, the Attorney General, 
and the Chairman of the Federal Trade Commission, shall publish a 
report reviewing any findings on the financial cost to the Federal 
Government from the abuse and exploitation of elders.
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