,,ii #aadth ,,congress #ast ,session ,s4 #affc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjae,mr4 ,blumenthal 7for himself and ,ms4 ,ayotte7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to better protect1 serve1 and advance the rights of victims of elder abuse and financial exploitation by encouraging ,states and other qualified entities to hold offenders accountable1 enhance the capacity of the justice system to investigate1 pursue1 and prosecute elder abuse cases1 identify existing resources to leverage to the extent possible1 and assure data collection1 research1 and evaluation to promote the efficacy and efficiency of the activities described in this ,act4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,robert ,matava ,elder ,abuse ,victims ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,federal ,prosecution of ,abuse and ,exploitation ,directed at ,elders ,sec4 #aja4 ,enhanced penalty for telemarketing and email-marketing fraud directed at elders4 ,sec4 #ajb4 ,data collection4 ,,title ,,ii--,coordination of ,civil ,protections and ,criminal ,prosecution as it relates to ,elder ,justice ,sec4 #bja4 ,model ,states laws and practices4 ,sec4 #bjb4 ,grant program4 ,,title ,,iii--,interstate initiatives ,sec4 #cja4 ,interstate agreements and compacts4 ,sec4 #cjb4 ,recommendations on interstate communication4 ,,title ,,iv--,,gao ,report ,sec4 #dja4 ,,gao report to assess cost of elder abuse on ,federal programs4 #b4 ,definitions ,in this ,act-- 7#a7 the terms abuse1 elder1 elder justice1 exploitation1 and neglect have the meanings given those terms in section #bjaa of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;j72 7#b7 the term adult protective services-- 7,a7 means such services provided to adults as specified in ,federal1 ,state1 or local law pertaining to adult protective services2 and 7,b7 includes services such as-- 7i7 receiving reports of elder abuse1 neglect1 or exploitation2 7ii7 investigating the reports described in clause 7i72 7iii7 case planning1 monitoring1 evaluation1 and other case work and services2 and 7iv7 providing1 arranging for1 or facilitating the provision of medical1 social service1 economic1 legal1 housing1 law enforcement1 or other protective emergency1 or support services2 7#c7 the term elder abuse includes neglect and exploitation2 7#d7 the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory of possession of the ,united ,states2 and 7#e7 the term task force means a multidisciplinary task force on elder justice established or designated under section #bjb7;a77#b77;,a77ii74 ,i ,federal ,prosecution of ,abuse and ,exploitation ,directed at ,elders #aja4 ,enhanced penalty for telemarketing and email-marketing fraud directed at elders 7a7 ,in general ,chapter #aac;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the chapter heading by inserting ,,and ,,email ,,marketing after ,,telemarketing2 7#b7 by striking section #bcbe and inserting the following3 #bcbe4 ,definition ,in this chapter1 the term telemarketing or email marketing-- 7#a7 means a plan1 program1 promotion1 or campaign that is conducted to induce-- 7,a7 purchases of goods or services2 7,b7 participation in a contest or sweepstakes2 7,c7 a charitable contribution1 donation1 or gift of money or any other thing of value2 7,d7 investment for financial profit2 7,e7 participation in a business opportunity2 7,f7 commitment to a loan2 or 7,g7 participation in a fraudulent medical study1 research study1 or pilot study1 by use of #a or more interstate telephone calls1 emails1 text messages1 or electronic instant messages initiated either by a person who is conducting the plan1 program1 promotion1 or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor1 donor1 or investor2 and 7#b7 does not include the solicitation through the posting1 publication1 or mailing of a catalog or brochure that-- 7,a7 contains a written description or illustration of the goods1 services1 or other opportunities being offered2 7,b7 includes the business address of the solicitor2 7,c7 includes multiple pages of written material or illustration2 and 7,d7 has been issued not less frequently than once a year1 if the person making the solicitation does not solicit customers by telephone1 email1 text message1 or electronic instant message1 but only receives interstate telephone calls1 emails1 text messages1 or electronic instant messages initiated by customers in response to the written materials1 whether in hard copy or digital format1 and in response to those interstate telephone calls1 emails1 text messages1 or electronic instant messages does not conduct further solicitation4 2 and 7#c7 in section #bcbf1 in the matter preceding paragraph 7#a7-- 7,a7 by striking or #acdd and inserting #acdd1 or #acdg or section #aabh;,b of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;a-#g;b72 and 7,b7 by inserting or email marketing after telemarketing4 7b7 ,technical and conforming amendment ,the table of chapters at the beginning of part ,i of title #ah1 ,united ,states ,code1 is amended by striking the item relating to chapter #aac;,a and inserting the following3 #aac;,a4 ,telemarketing and email marketing fraud#bcbe 4 #ajb4 ,data collection 7a7 ,in general ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services1 shall1 on an annual basis-- 7#a7 identify common data points among ,federal1 ,state1 and local law enforcement agencies and prosecutor offices that would allow for the collection of uniform national data2 7#b7 collect from ,federal1 ,state1 and local law enforcement agencies and prosecutor offices statistical data relating to the incidence of elder abuse1 including data relating to-- 7,a7 the number of elder abuse cases referred to law enforcement agencies or any other ,state entity tasked with addressing elder abuse2 7,b7 the number and types of cases filed in ,federal1 ,state1 and local courts2 and 7,c7 the outcomes of the cases described in subparagraphs 7,a7 and 7,b72 7#c7 publish a summary of the data collected under paragraphs 7#a7 and 7#b72 7#d7 identify-- 7,a7 the types of data relevant to elder abuse that should be collected2 and 7,b7 what entity is most capable of collecting the data described in subparagraph 7,a72 and 7#e7 develop recommendations for collecting additional data relating to elder abuse1 including recommendations for ways to improve data reporting across ,federal1 ,state1 and local agencies so that direct service providers can more easily meet data reporting requirements4 7b7 ,,hhs ,requirement ,the ,secretary of ,health and ,human ,services shall1 on an annual basis1 provide to the ,attorney ,general1 statistical data collected by the ,secretary of ,health and ,human ,services relating to the number of elder abuse cases referred to adult protective services1 which shall be included in the summary published under subsection 7a77#c74 7c7 ,prohibition on individual data ,none of the information reported under this section shall include specific individual identifiable data4 ,,ii ,coordination of ,civil ,protections and ,criminal ,prosecution as it relates to ,elder ,justice #bja4 ,model ,states laws and practices ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services and the ,elder ,justice ,coordinating ,council 7established under section #bjba of the ,social ,security ,act 7#db ,u4,s4,c4 #acigk771 shall-- 7#a7 create1 compile1 evaluate1 and disseminate materials and information1 and provide the necessary training and technical assistance1 to assist ,states and units of local government in-- 7,a7 investigating1 prosecuting1 pursuing1 preventing1 understanding1 and mitigating the impact of-- 7i7 physical1 sexual1 and psychological abuse of elders2 7ii7 exploitation of elders1 including financial abuse and scams targeting elders2 and 7iii7 neglect of elders2 and 7,b7 assessing1 addressing1 and mitigating the physical and psychological trauma to victims of elder abuse2 7#b7 collect data and perform an evidence-based evaluation to-- 7,a7 assure the efficacy of measures and methods intended to prevent1 detect1 respond to1 or redress elder abuse2 and 7,b7 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 services1 programs1 and sources of funding2 7#c7 publish a report1 on an annual basis1 that describes the results of the evaluations conducted under paragraphs 7#a7 and 7#b71 and submit the report to each ,federal agency1 each ,state1 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 ,representatives2 7#d7 evaluate training models to determine best practices1 create replication guides1 create training materials1 if necessary1 for law enforcement officers1 prosecutors1 judges1 guardians1 emergency responders1 individuals working in victim services1 adult protective services1 social services1 and public safety1 medical personnel1 mental health personnel1 financial services personnel1 and any other individuals whose work may bring them in contact with elder abuse regarding how to-- 7,a7 conduct investigations in elder abuse cases2 7,b7 address evidentiary issues and other legal issues2 and 7,c7 appropriately assess1 respond to1 and interact with victims and witnesses in elder abuse cases1 including in administrative1 civil1 and criminal judicial proceedings2 7#e7 conduct1 and update on a regular basis1 a study of laws and practices relating to elder abuse1 neglect1 and exploitation1 including-- 7,a7 a comprehensive description of ,state laws and practices2 7,b7 an analysis of the effectiveness of ,state laws and practices1 including-- 7i7 whether the ,state laws are enforced2 and 7ii7 if enforced-- 7,i7 how the ,state laws are enforced2 and 7,,ii7 how enforcement of the ,state laws has effected elder abuse within the ,state2 7,c7 a review of ,state definitions of the terms abuse1 neglect1 and exploitation in the context of elder abuse cases2 7,d7 a review of ,state laws that mandate reporting of elder abuse1 including adult protective services laws1 laws that require the reporting of nursing home deaths or suspicious deaths of elders to coroners or medical examiners1 and other pertinent reporting laws1 that analyzes-- 7i7 the impact and efficacy of the ,state laws2 7ii7 whether the ,state laws are enforced2 7iii7 the levels of compliance with the ,state laws2 and 7iv7 the response to1 and actions taken as a result of1 reports made under the ,state laws2 7,e7 a review of ,state evidentiary1 procedural1 sentencing1 choice of remedies1 and data retention issues relating to elder abuse1 neglect1 and exploitation2 7,f7 a review of ,state fiduciary laws1 including law relating to guardianship1 conservatorship1 and power of attorney2 7,g7 a review of ,state laws that permit or encourage employees of depository institutions 7as defined in section #c7;c77#a7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahac7;c77#a77 and ,state credit unions 7as defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb77 to prevent and report suspected elder abuse1 neglect1 and exploitation2 7,h7 a review of ,state laws used in civil court proceedings to prevent and address elder abuse2 7,i7 a review of ,state laws relating to fraud and related activities in connection with mail1 telemarketing1 the ,internet1 or health care2 7,j7 a review of ,state laws that create programs1 offices1 entities1 or other programs that address or respond to elder abuse2 and 7,k7 an analysis of any other ,state laws relating to elder abuse2 and 7#f7 carry out such other duties as the ,attorney ,general determines necessary in connection with enhancing the understanding1 prevention1 detection1 and response to elder abuse4 #bjb4 ,grant program 7a7 ,establishment 7#a7 ,in general ,the ,attorney ,general shall establish a grant program to-- 7,a7 award grants and provide technical assistance to not more than #aj ,states to assist the ,states in developing1 establishing1 and operating programs designed to improve-- 7i7 the response to cases of elder abuse in a manner that limits additional trauma to the elder victims2 and 7ii7 the investigation and prosecution of cases of elder abuse2 and 7,b7 in consultation with the ,secretary of ,health and ,human ,services and the ,legal ,services ,corporation1 award grants to not more than #f civil legal services entities that could prevent or provide remedies for abuse1 neglect1 and exploitation and collaborate with other organizations seeking to prevent1 detect1 and respond to elder abuse4 7#b7 ,eligibility 7,a7 ,states 7i7 ,in general ,a ,state is eligible to receive a grant or technical assistance under paragraph 7#a77;,a7 if the ,state-- 7,i7 has a crime victims compensation program that meets the criteria described in section #adjc7;b7 of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfjb7;b772 and 7,,ii7 is in compliance with clause 7ii74 7ii7 ,establishment of task force 7,i7 ,in general ,in order to be eligible to receive a grant under paragraph 7#a77;,a71 a ,state shall establish or1 subject to subclause 7,v71 designate a multidisciplinary task force on elder justice that is composed of professionals with knowledge and experience relating to the criminal justice system and issues of elder abuse4 7,,ii7 ,membership requirement ,except as provided in subclause 7,,vi71 a task force shall include not less than #a representative from-- 7aa7 law enforcement agencies1 such as police officers1 sheriffs and deputy sheriffs1 detectives1 public safety officers1 corrections officers1 investigators1 and victims' service personnel2 7bb7 the crime victim compensation program of the ,state2 7cc7 judicial and legal officers1 including individuals who work on cases of elder abuse and guardianship experts2 7dd7 elder justice and elder law advocates1 including local agencies on aging and local public and private agencies and entities relating to elder abuse and other crimes against elders2 7ee7 the financial services industry2 7ff7 health and mental health professionals2 7gg7 social services agencies in the ,state2 7hh7 ,state and local adult protective services offices2 and 7ii7 family members of victims of elder abuse4 7,,iii7 ,review and evaluation ,a task force shall-- 7aa7 review and evaluate the investigative1 administrative1 and judicial 7including civil and criminal7 responses to cases of elder abuse in the ,state2 7bb7 make recommendations to the ,state based on the review and evaluation conducted under item 7aa71 including recommendations relating to-- 7,,aa7 modifying the investigative1 administrative1 and judicial response to cases of elder abuse1 in a manner that-- 7,,bb7 reduces the additional trauma to the elder victim2 7,,cc7 ensures procedural fairness to the individual accused of elder abuse2 and 7,,dd7 experimental1 model1 and demonstration programs for testing innovative approaches and techniques that may improve the rate of successful prosecution or enhance the effectiveness of judicial and administrative action in elder abuse cases1 and which ensure procedural fairness to the accused1 including a determination of which programs are most effective2 and 7cc7 submit the recommendations described in item 7bb7 to the ,attorney ,general4 7,,iv7 ,interim report ,not later than #a year after the end of the grant period under this section1 each ,state that receives a grant under this section shall submit to the ,attorney ,general a report that includes-- 7aa7 an evaluation of the effectiveness of the grant program2 7bb7 a list of all laws of the ,state relating to elder abuse2 and 7cc7 any other information the ,attorney ,general may require4 7,v7 ,task force alternative ,if determined appropriate by the ,attorney ,general1 a ,state may designate a commission or task force established by a ,state before ,january #a1 #bjab1 with membership and functions comparable to those described in subclauses 7,,ii7 and 7,,iii71 as a task force for the purposes of this clause4 7,,vi7 ,task force membership waiver ,the ,attorney ,general may waive1 in part1 the task force membership requirements under subclause 7,,ii7 for a ,state that demonstrates a need for the waiver4 7,b7 ,legal service entities 7i7 ,in general ,a legal service entity is eligible to receive a grant under paragraph 7#a77;,b7 if the entity can demonstrate a commitment to representation of elder abuse victims or potential victims and participating in multidisciplinary and interagency efforts to combat elder abuse4 7ii7 ,requirements ,to receive a grant under paragraph 7#a77;,b7 an entity shall-- 7,i7 be an experienced nonprofit legal services provider2 and 7,,ii7 propose or demonstrate-- 7aa7 collaboration with ,state or local aging1 social1 and human services and law enforcement agencies2 7bb7 partnership with professionals with knowledge and experience relating to the criminal justice system2 and 7cc7 methodology for timely evidenced-based evaluation4 7#c7 ,geographic diversity ,the ,attorney ,general shall make every effort to ensure equitable geographic distribution of grants under this section and take into consideration the needs of underserved populations1 including rural and tribal communities4 7b7 ,use of funds 7#a7 ,in general ,grant funds awarded under this section may be used to support-- 7,a7 ,state1 county1 and local prosecutor offices and courts in elder abuse matters1 including-- 7i7 hiring or paying salary and benefits for employees and establishing or implementing units designated to work on elder justice issues in ,state prosecutors' offices and ,state courts2 and 7ii7 hiring or paying salary and benefits for an employee to coordinate elder justice-related cases1 training1 technical assistance1 and policy development for ,state1 county1 and local prosecutors and courts2 7,b7 ,state and local law enforcement agencies investigating cases of elder abuse2 and 7,c7 adult protective services4 7#b7 ,limitation ,a ,state or legal services entity that receives a grant under this section may not use more than #h percent of the amount of the grant for administrative or personnel costs4 7#c7 ,supplemental funding ,any grant funds awarded under this section that are used as described in paragraph 7#a77;,c7 shall be used to supplement1 not supplant1 other ,federal1 ,state1 or local government funding4 7c7 ,duration of grant ,a grant awarded under this section shall be for a period of not more than #c years4 7d7 ,report ,not later than #a year after the date on which the ,attorney ,general awards grants under subsection 7a77#a77;,b71 the ,attorney ,general shall submit to ,congress a report on the grant program that includes the results of the grant program and recommendations for such legislation and administrative action as the ,attorney ,general determines to be appropriate4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as are necessary for fiscal years #bjaf through #bjah to carry out this section4 ,,iii ,interstate initiatives #cja4 ,interstate agreements and compacts ,the consent of ,congress is given to any #b or more ,states 7acting through ,state agencies with jurisdiction over adult protective services7 to enter into agreements or compacts for cooperative effort and mutual assistance-- 7#a7 in promoting the safety and well-being of elders2 and 7#b7 in enforcing their respective laws and policies to promote such safety and well-being4 #cjb4 ,recommendations on interstate communication ,the ,executive ,director of the ,state ,justice ,institute1 in consultation with ,state or local aging1 social1 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 cases1 shall submit to ,congress legislative proposals relating to the facilitation of interstate agreements and compacts4 ,,iv ,,gao ,report #dja4 ,,gao report to assess cost of elder abuse on ,federal programs ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states1 in consultation with the ,secretary of ,health and ,human ,services1 the ,department of ,health and ,human ,services ,office of the ,inspector ,general1 the ,attorney ,general1 and the ,chairman of the ,federal ,trade ,commission1 shall publish a report reviewing any findings on the financial cost to the ,federal ,government from the abuse and exploitation of elders4