,,ii ,calendar ,no4 #bc #aaeth ,,congress #ast ,session ,s4 #agh ,report ,no4 #aae-i ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bj1 #bjag,mr4 ,grassley 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,tillis1 ,ms4 ,klobuchar1 ,mr4 ,cornyn1 ,mr4 ,leahy1 ,mr4 ,bennet1 ,mrs4 ,feinstein1 ,mr4 ,durbin1 ,mr4 ,franken1 ,mr4 ,rubio1 ,ms4 ,collins1 ,mr4 ,whitehouse1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,march #bc1 #bjag,reported by ,mr4 ,grassley1 without amendment ,a ,,bill ,to prevent elder abuse and exploitation and improve the justice system's response to victims in elder abuse and exploitation cases4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,elder ,abuse ,prevention and ,prosecution ,act4 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--,supporting ,federal ,cases ,involving ,elder ,justice,sec4 #aja4 ,supporting ,federal cases involving elder justice4,,title ,,ii--,improved data collection and ,federal coordination,sec4 #bja4 ,establishment of best practices for local1 ,state1 and ,federal data collection4,sec4 #bjb4 ,effective interagency coordination and ,federal data collection4,,title ,,iii--,enhanced victim assistance to elder abuse survivors,sec4 #cja4 ,sense of the ,senate4,sec4 #cjb4 ,report4,,title ,,iv--,robert ,matava ,elder ,abuse ,prosecution ,act of #bjag,sec4 #dja4 ,short title4,sec4 #djb4 ,enhanced penalty for telemarketing and email marketing fraud directed at elders4,sec4 #djc4 ,training and technical assistance for ,states4,sec4 #djd4 ,interstate initiatives4,,title ,v--,miscellaneous,sec4 #eja4 ,court-appointed guardianship oversight activities under the ,elder ,justice ,act of #bjji4,sec4 #ejb4 ,,gao reports4,sec4 #ejc4 ,outreach to ,state and local law enforcement agencies4,sec4 #ejd4 ,model power of attorney legislation4,sec4 #eje4 ,best practices and model legislation for guardianship proceedings4 #b4 ,definitions ,in this ,act-- 7#a7 the terms abuse1 adult protective services1 elder1 elder justice1 exploitation1 law enforcement1 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 elder abuse includes abuse1 neglect1 and exploitation of an elder2 and 7#c7 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 or possession of the ,united ,states4 ,i ,supporting ,federal ,cases ,involving ,elder ,justice #aja4 ,supporting ,federal cases involving elder justice 7a7 ,support and assistance 7#a7 ,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 district1 who1 in addition to any other responsibilities1 shall be responsible for-- 7,a7 serving as the legal counsel for the ,federal judicial district on matters relating to elder abuse2 7,b7 prosecuting1 or assisting in the prosecution of1 elder abuse cases2 7,c7 conducting public outreach and awareness activities relating to elder abuse2 and 7,d7 ensuring the collection of data required to be collected under section #bjb4 7#b7 ,investigative support ,the ,attorney ,general1 in consultation with the ,director of the ,federal ,bureau of ,investigation1 shall1 with respect to crimes relating to elder abuse1 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 abuse1 which shall include-- 7,a7 specialized strategies for communicating with and assisting elder abuse victims2 and 7,b7 relevant forensic training relating to elder abuse4 7#c7 ,resource group ,the ,attorney ,general1 through the ,executive ,office for ,united ,states ,attorneys1 shall ensure the operation of a resource group to facilitate the sharing of knowledge1 experience1 sample pleadings and other case documents1 training materials1 and any other resources to assist prosecutors throughout the ,united ,states in pursuing cases relating to elder abuse4 7#d7 ,designated elder justice working group or subcommittee to the ,attorney ,general's advisory committee of ,united ,states ,attorneys ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,director of the ,executive ,office for ,united ,states ,attorneys1 shall establish a subcommittee or working group to the ,attorney ,general's ,advisory ,committee of ,united ,states ,attorneys1 as established under section #j4aj of title #bh1 ,code of ,federal ,regulations1 or any successor thereto1 for the purposes of advising the ,attorney ,general on policies of the ,department of ,justice relating to elder abuse4 7b7 ,department of ,justice elder justice coordinator ,not later than #fj days after the date of enactment of this ,act1 the ,attorney ,general shall designate an ,elder ,justice ,coordinator within the ,department of ,justice who1 in addition to any other responsibilities1 shall be responsible for-- 7#a7 coordinating and supporting the law enforcement efforts and policy activities for the ,department of ,justice on elder justice issues2 7#b7 evaluating training models to determine best practices and creating or compiling and making publicly available replication guides and training materials for law enforcement officers1 prosecutors1 judges1 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 and 7#c7 carrying out such other duties as the ,attorney ,general determines necessary in connection with enhancing the understanding1 prevention1 and detection of1 and response to1 elder abuse4 7c7 ,federal trade commission 7#a7 ,federal trade commission elder justice coordinator ,not later than #fj days after the date of enactment of this ,act1 the ,chairman of the ,federal ,trade ,commission shall designate within the ,bureau of ,consumer ,protection of the ,federal ,trade ,commission an ,elder ,justice ,coordinator who1 in addition to any other responsibilities1 shall be responsible for-- 7,a7 coordinating and supporting the enforcement and consumer education efforts and policy activities of the ,federal ,trade ,commission on elder justice issues2 and 7,b7 serving as1 or ensuring the availability of1 a central point of contact for individuals1 units of local government1 ,states1 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 issues4 7#b7 ,reports to ,congress ,not later than #a year after the date of enactment of this ,act1 and once every year thereafter1 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 ,justice1 respectively1 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 elders1 including-- 7,a7 the name of the district where the case originated2 7,b7 the style of the case1 including the case name and number2 7,c7 a description of the scheme or scam2 and 7,d7 the outcome of the case4 7d7 ,use of appropriated funds ,no additional funds are authorized to be appropriated to carry out this section4 ,,ii ,improved data collection and ,federal coordination #bja4 ,establishment of best practices for local1 ,state1 and ,federal data collection 7a7 ,in general ,the ,attorney ,general1 in consultation with ,federal1 ,state1 and local law enforcement agencies1 shall-- 7#a7 establish best practices for data collection to focus on elder abuse2 and 7#b7 provide technical assistance to ,state1 local1 and tribal governments in adopting the best practices established under paragraph 7#a74 7b7 ,deadline ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall publish the best practices established under subsection 7a77#a7 on the website of the ,department of ,justice in a publicly accessible manner4 7c7 ,limitation ,nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection 7a77#a74 #bjb4 ,effective interagency coordination and ,federal data collection 7a7 ,in general ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services shall1 on an annual basis-- 7#a7 collect from ,federal law enforcement agencies1 other agencies as appropriate1 and ,federal prosecutors' offices statistical data related to elder abuse cases1 including cases or investigations where one or more victims were elders1 or the case or investigation involved a financial scheme or scam that was either targeted directly toward or largely affected elders2 and 7#b7 publish on the website of the ,department of ,justice in a publicly accessible manner-- 7,a7 a summary of the data collected under paragraph 7#a72 and 7,b7 recommendations for collecting additional data relating to elder abuse1 including recommendations for ways to improve data reporting across ,federal1 ,state1 and local agencies4 7b7 ,requirement ,the data collected under subsection 7a77#a7 shall include-- 7#a7 the total number of investigations initiated by ,federal law enforcement agencies1 other agencies as appropriate1 and ,federal prosecutors' offices related to elder abuse2 7#b7 the total number and types of elder abuse cases filed in ,federal courts2 and 7#c7 for each case described in paragraph 7#b7-- 7,a7 the name of the district where the case originated2 7,b7 the style of the case1 including the case name and number2 7,c7 a description of the act or acts giving rise to the elder abuse2 7,d7 in the case of a scheme or scam1 a description of such scheme or scam giving rise to the elder abuse2 7,e7 information about each alleged perpetrator of the elder abuse2 and 7,f7 the outcome of the case4 7c7 ,,hhs requirement ,the ,secretary of ,health and ,human ,services shall1 on an annual basis1 provide to the ,attorney ,general statistical data collected by the ,secretary relating to elder abuse cases investigated by adult protective services1 which shall be included in the summary published under subsection 7a77#b74 7d7 ,prohibition on individual data ,none of the information reported under this section shall include specific individual identifiable data4 ,,iii ,enhanced victim assistance to elder abuse survivors #cja4 ,sense of the ,senate 7a7 ,findings ,the ,senate finds the following3 7#a7 ,the vast majority of cases of abuse1 neglect1 and exploitation of older adults in the ,united ,states go unidentified and unreported4 7#b7 ,not less than #b1ijj1jjj1jjj is taken from older adults each year due to financial abuse and exploitation4 7#c7 ,elder abuse1 neglect1 and exploitation have no boundaries and cross all racial1 social1 class1 gender1 and geographic lines4 7#d7 ,older adults who are abused are #c times more likely to die earlier than older adults of the same age who are not abused4 7#e7 ,up to half of all older adults with dementia will experience abuse4 7b7 ,sense of the ,senate ,it is the sense of the ,senate that-- 7#a7 elder abuse involves the exploitation of potentially vulnerable individuals with devastating physical1 mental1 emotional1 and financial consequences to the victims and their loved ones2 7#b7 to combat this affront to ,america's older adults1 we must do everything possible to both support victims of elder abuse and prevent the abuse from occurring in the first place2 and 7#c7 the ,senate supports a multipronged approach to prevent elder abuse and exploitation1 protect the victims of elder abuse and exploitation from further harm1 and bring the perpetrators of such crimes to justice4 #cjb4 ,report 7a7 ,in general ,not later than #a year after the date on which the collection of statistical data under section #bjb7;a77#a7 begins and once each year thereafter1 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 addresses1 to the extent data are available1 the nature1 extent1 and amount of funding under the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfja et seq47 for victims of crime who are elders4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 an analysis of victims' assistance1 victims' compensation1 and discretionary grants under which elder abuse victims 7including elder victims of financial abuse1 financial exploitation1 and fraud7 received assistance2 and 7#b7 recommendations for improving services for victims of elder abuse4 ,,iv ,robert ,matava ,elder ,abuse ,prosecution ,act of #bjag #dja4 ,short title ,this title may be cited as the ,robert ,matava ,elder ,abuse ,prosecution ,act of #bjag4 #djb4 ,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 heading1 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 one 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 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 telemarketing2 and 7#d7 by adding at the end the following3 #bcbh4 ,mandatory forfeiture 7a7 ,in general ,the court1 in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section #bcbf1 shall order that the defendant forfeit to the ,united ,states-- 7#a7 any property1 real or personal1 constituting or traceable to gross proceeds obtained from such offense2 and 7#b7 any equipment1 software1 or other technology used or intended to be used to commit or to facilitate the commission of such offense4 7b7 ,procedures ,the procedures set forth in section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec71 other than subsection 7d7 of that section1 and in ,rule #cb4b of the ,federal ,rules of ,criminal ,procedure1 shall apply to all stages of a criminal forfeiture proceeding under this section4 4 7b7 ,technical and conforming amendments 7#a7 ,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 7#b7 ,the table of sections for chapter #aac;,a of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bcbg the following3 #bcbh4 ,mandatory forfeiture4 4 #djc4 ,training and technical assistance for ,states ,the ,attorney ,general1 in consultation with the ,secretary of ,health and ,human ,services and in coordination with the ,elder ,justice ,coordinating ,council 7established under section #bjba of the ,social ,security ,act 7#db ,u4,s4,c4 #acigk771 shall 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-- 7,a7 physical1 sexual1 and psychological abuse of elders2 7,b7 exploitation of elders1 including financial abuse and scams targeting elders2 and 7,c7 neglect of elders2 and 7#b7 assessing1 addressing1 and mitigating the physical and psychological trauma to victims of elder abuse4 #djd4 ,interstate initiatives 7a7 ,interstate agreements and compacts ,the consent of ,congress is given to any two 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 7b7 ,recommendations on interstate communication ,the ,executive ,director of the ,state ,justice ,institute1 in consultation with ,state or local adult protective services1 aging1 social1 and human services and law enforcement agencies1 nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases1 and the ,secretary of ,health and ,human ,services1 shall submit to ,congress legislative proposals relating to the facilitation of interstate agreements and compacts4 ,v ,miscellaneous #eja4 ,court-appointed guardianship oversight activities under the ,elder ,justice ,act of #bjji ,section #bjdb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acigm-#a7;c77 is amended-- 7#a7 in paragraph 7#a71 by inserting 7and1 in the case of demonstration programs described in paragraph 7#b77;,e71 to the highest courts of ,states7 after ,states2 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 7and the highest courts of ,states1 in the case of demonstration programs described in subparagraph 7,e77 after local units of government2 7,b7 in subparagraph 7,d71 by striking or after the semicolon2 7,c7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,d7 by inserting after subparagraph 7,d71 the following new subparagraph3 7,e7 subject to paragraph 7#c71 programs to assess the fairness1 effectiveness1 timeliness1 safety1 integrity1 and accessibility of adult guardianship and conservatorship proceedings1 including the appointment and the monitoring of the performance of court-appointed guardians and conservators1 and to implement changes deemed necessary as a result of the assessments such as mandating background checks for all potential guardians and conservators1 and implementing systems to enable the annual accountings and other required conservatorship and guardianship filings to be completed1 filed1 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 persons2 or 2 7#c7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#d71 7#e71 and 7#f71 respectively2 7#d7 by inserting after paragraph 7#b71 the following new paragraph3 7#c7 ,requirements for court-appointed guardianship oversight demonstration programs 7,a7 ,award of grants ,in awarding grants to the highest courts of ,states for demonstration programs described in paragraph 7#b77;,e71 the ,secretary shall consider the recommendations of the ,attorney ,general and the ,state ,justice ,institute1 as established by section #bjc of the ,state ,justice ,institute ,act of #aihd 7#db ,u4,s4,c4 #ajgjb74 7,b7 ,collaboration ,the highest court of a ,state awarded a grant to conduct a demonstration program described in paragraph 7#b77;,e7 shall collaborate with the ,state ,unit on ,aging for the ,state and the ,adult ,protective ,services agency for the ,state in conducting the demonstration program4 2 7#e7 in paragraph 7#d7 7as redesignated by paragraph 7#c7 of this section71 by inserting 7and1 in the case of demonstration programs described in paragraph 7#b77;,e71 the highest court of a ,state7 after a ,state2 and 7#f7 in paragraph 7#e7 7as so redesignated71 by inserting 7or1 in the case of demonstration programs described in paragraph 7#b77;,e71 the highest court of a ,state7 after ,state each place it appears4 #ejb4 ,,gao reports 7a7 ,elder justice recommendations ,not later than #ah months after the date of enactment of this ,act1 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-- 7#a7 a report on such programs and initiatives2 and 7#b7 any recommendations the ,comptroller ,general determines are appropriate to improve elder justice in the ,united ,states4 7b7 ,report on elder abuse and international criminal enterprises ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on-- 7#a7 the extent to which older adults of the ,united ,states are being exploited in global drug trafficking schemes and other international criminal enterprises2 7#b7 the extent to which the 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 court systems1 including a description of the total number of such cases pending in foreign court systems2 and 7#c7 whether1 and to what extent1 the ,federal ,government has intervened with foreign officials on behalf of citizens of the ,united ,states who are elder abuse victims in international criminal enterprises1 including a description1 to the extent such data is available1 of-- 7,a7 the total annual number of elder abuse cases pending in the ,united ,states and foreign court systems2 and 7,b7 the total annual number of citizens of the ,united ,states who are over the age of #fj years and who are incarcerated overseas as a result of their exploitation in global drug trafficking schemes or other international criminal enterprises4 #ejc4 ,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 cases4 #ejd4 ,model power of attorney legislation ,the ,attorney ,general shall publish model power of attorney legislation for the purpose of preventing elder abuse4 #eje4 ,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 abuse4 ,march #bc1 #bjag,reported without amendment