Summary

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

Reported to Senate without amendment
(This measure has not been amended since it was introduced. The summary has been
expanded because action occurred on the measure.)

Elder Abuse Prevention and Prosecution Act

TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

(Sec. 101) This bill establishes requirements for the Department of Justice
(DOJ) with respect to investigating and prosecuting elder abuse crimes and
enforcing elder abuse laws. Specifically, DOJ must: 

 * designate Elder Justice Coordinators in federal judicial districts and at
   DOJ, 
 * implement comprehensive training for Federal Bureau of Investigation agents,
   and
 * establish a working group to provide policy advice.

The Executive Office for United States Attorneys must operate a resource group
to assist prosecutors in pursuing elder abuse cases. 

The Federal Trade Commission must designate an Elder Justice Coordinator within
its Bureau of Consumer Protection.

TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

(Sec. 201) DOJ must establish best practices for data collection on elder abuse. 

(Sec. 202) DOJ must collect and publish data on elder abuse cases and
investigations. The Department of Health and Human Services (HHS) must provide
for publication data on elder abuse cases referred to adult protective services. 

TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS 

(Sec. 301) This section expresses the sense of the Senate that: (1) elder abuse
involves exploitation of potentially vulnerable individuals; (2) combatting
elder abuse requires support for victims and prevention; and (3) the Senate
supports a multipronged approach to prevent elder abuse, protect victims, and
prosecute perpetrators of elder abuse crimes. 

(Sec. 302) DOJ's Office for Victims of Crime must report to Congress on the
nature, extent, and amount of funding under the Victims of Crime Act of 1984 for
victims of crime who are elders. 

TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017 

Robert Matava Elder Abuse Prosecution Act of 2017

This bill amends the federal criminal code to expand prohibited telemarketing
fraud to include "telemarketing or email marketing" fraud. It expands the
definition of telemarketing or email marketing to include measures to induce
investment for financial profit, participation in a business opportunity, or
commitment to a loan.

 A defendant convicted of telemarketing or email marketing fraud that targets or
victimizes a person over age 55 is subject to an enhanced criminal penalty and
mandatory forfeiture. 

The bill adds health care fraud to the list of fraud offenses subject to
enhanced penalties.

(Sec. 403) DOJ, in coordination with the Elder Justice Coordinating Council,
must provide information, training, and technical assistance to help states and
local governments investigate, prosecute, prevent, and mitigate the impact of
elder abuse, exploitation, and neglect.

(Sec. 404) It grants congressional consent to states to enter into cooperative
agreements or compacts to promote and to enforce elder abuse laws. The State
Justice Institute must submit legislative proposals to Congress to facilitate
such agreements and compacts.

TITLE V--MISCELLANEOUS

(Sec. 501) This section amends title XX (Block Grants to States for Social
Services and Elder Justice) of the Social Security Act to specify that HHS may
award adult protective services demonstration grants to the highest courts of
states to assess adult guardianship and conservatorship proceedings and to
implement necessary changes. The highest court of a state that receives a
demonstration grant must collaborate with the state's unit on aging and adult
protective services agency. 

(Sec. 502) The Government Accountability Office (GAO) must review and report on
elder justice programs and initiatives in the federal criminal justice system.
The GAO must also report on the exploitation of older adults in global drug
trafficking schemes and criminal enterprises, the incarceration of exploited
older adults in foreign court systems, and the federal government's intervention
on behalf of incarcerated older adult victims who are U.S. citizens. 

(Sec. 503) DOJ must report to Congress on its outreach to state and local law
enforcement agencies on the process for collaborating with the federal
government to investigate and prosecute interstate and international elder
financial exploitation cases.

(Sec. 504) DOJ must publish model power of attorney legislation for the purpose
of preventing elder abuse.

(Sec. 505) DOJ must publish best practices for improving guardianship
proceedings and model legislation related to guardianship proceedings for the
purpose of preventing elder abuse.

Passed Senate amended
Elder Abuse Prevention and Prosecution Act

TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE

(Sec. 101) This bill establishes requirements for the Department of Justice
(DOJ) with respect to investigating and prosecuting elder abuse crimes and
enforcing elder abuse laws. Specifically, DOJ must: 

 * designate Elder Justice Coordinators in federal judicial districts and at
   DOJ, 
 * implement comprehensive training for Federal Bureau of Investigation agents,
   and
 * establish a working group to provide policy advice.

The Executive Office for United States Attorneys must operate a resource group
to assist prosecutors in pursuing elder abuse cases. 

The Federal Trade Commission must designate an Elder Justice Coordinator within
its Bureau of Consumer Protection.

TITLE II--IMPROVED DATA COLLECTION AND FEDERAL COORDINATION

(Sec. 201) DOJ must establish best practices for data collection on elder abuse. 

(Sec. 202) DOJ must collect and publish data on elder abuse cases and
investigations. The Department of Health and Human Services (HHS) must provide
for publication data on elder abuse cases referred to adult protective services. 

TITLE III--ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS 

(Sec. 301) This section expresses the sense of the Senate that: (1) elder abuse
involves exploitation of potentially vulnerable individuals; (2) combatting
elder abuse requires support for victims and prevention; and (3) the Senate
supports a multipronged approach to prevent elder abuse, protect victims, and
prosecute perpetrators of elder abuse crimes. 

(Sec. 302) DOJ's Office for Victims of Crime must report to Congress on the
nature, extent, and amount of funding under the Victims of Crime Act of 1984 for
victims of crime who are elders. 

TITLE IV--ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017 

Robert Matava Elder Abuse Prosecution Act of 2017

This bill amends the federal criminal code to expand prohibited telemarketing
fraud to include "telemarketing or email marketing" fraud. It expands the
definition of telemarketing or email marketing to include measures to induce
investment for financial profit, participation in a business opportunity, or
commitment to a loan.

 A defendant convicted of telemarketing or email marketing fraud that targets or
victimizes a person over age 55 is subject to an enhanced criminal penalty and
mandatory forfeiture. 

The bill adds health care fraud to the list of fraud offenses subject to
enhanced penalties.

(Sec. 403) DOJ, in coordination with the Elder Justice Coordinating Council,
must provide information, training, and technical assistance to help states and
local governments investigate, prosecute, prevent, and mitigate the impact of
elder abuse, exploitation, and neglect.

(Sec. 404) It grants congressional consent to states to enter into cooperative
agreements or compacts to promote and to enforce elder abuse laws. The State
Justice Institute must submit legislative proposals to Congress to facilitate
such agreements and compacts.

TITLE V--MISCELLANEOUS

(Sec. 501) This section amends title XX (Block Grants to States for Social
Services and Elder Justice) of the Social Security Act to specify that HHS may
award adult protective services demonstration grants to the highest courts of
states to assess adult guardianship and conservatorship proceedings and to
implement necessary changes. The highest court of a state that receives a
demonstration grant must collaborate with the state's unit on aging and adult
protective services agency. 

(Sec. 502) The Government Accountability Office (GAO) must review and report on
elder justice programs and initiatives in the federal criminal justice system.
The GAO must also report on: (1) federal government efforts to monitor the
exploitation of older adults in global drug trafficking schemes and criminal
enterprises, the incarceration of exploited older adults who are U.S. citizens
in foreign court systems, and the total number of elder abuse cases pending in
the United States; and (2) the results of federal government intervention with
foreign officials on behalf of U.S. citizens who are elder abuse victims in
international criminal enterprises. 

(Sec. 503) DOJ must report to Congress on its outreach to state and local law
enforcement agencies on the process for collaborating with the federal
government to investigate and prosecute interstate and international elder
financial exploitation cases.

(Sec. 504) DOJ must publish model power of attorney legislation for the purpose
of preventing elder abuse.

(Sec. 505) DOJ must publish best practices for improving guardianship
proceedings and model legislation related to guardianship proceedings for the
purpose of preventing elder abuse.



                        

Actions

  • Presented to President.

    Oct 6th, 2017
  • Presented to President.

    Oct 6th, 2017
  • Motion to reconsider laid on the table Agreed to without objection.

    Oct 3rd, 2017
  • On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7709-7712)

    Oct 3rd, 2017
  • Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.

    Oct 3rd, 2017
  • DEBATE - The House proceeded with forty minutes of debate on S. 178.

    Oct 3rd, 2017
  • Considered under suspension of the rules. (consideration: CR H7709-7712)

    Oct 3rd, 2017
  • Mr. Goodlatte moved to suspend the rules and pass the bill.

    Oct 3rd, 2017
  • Referred to the Subcommittee on Digital Commerce and Consumer Protection.

    Aug 11th, 2017
  • Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Aug 4th, 2017
  • Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

    Aug 4th, 2017
  • Received in the House.

    Aug 4th, 2017
  • Message on Senate action sent to the House.

    Aug 2nd, 2017
  • Passed Senate with amendments by Voice Vote. (text: CR S4681-4684)

    Aug 1st, 2017
  • Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Aug 1st, 2017
  • Measure laid before Senate by unanimous consent. (consideration: CR S4681-4684)

    Aug 1st, 2017
  • Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.

    Mar 23rd, 2017
  • Committee on the Judiciary. Reported by Senator Grassley without amendment. With written report No. 115-9.

    Mar 23rd, 2017
  • Committee on the Judiciary. Reported by Senator Grassley without amendment. With written report No. 115-9.

    Mar 23rd, 2017
  • Committee on the Judiciary. Ordered to be reported without amendment favorably.

    Feb 9th, 2017
  • Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S361-362)

    Jan 20th, 2017
  • Introduced in Senate

    Jan 20th, 2017