S 178 — Elder Abuse Prevention and Prosecution Act
Last action — Became Public Law No: 115-70.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 20, 2017. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
253 added · 236 removedPlain-language change summary
The amendment adds a reference to the "Elder Abuse Prevention and Prosecution Act" and specifies that the Attorney General must consult with the Director of the Federal Bureau of Investigation regarding crimes related to elder abuse. This change clarifies the roles of federal authorities in addressing elder abuse cases.
[Congressional[115th BillsCongress 115thPublic Congress]Law 70] [From the U.S.
Government Publishing Office] [S.[[Page 1207]] ELDER ABUSE PREVENTION AND PROSECUTION ACT [[Page 131 STAT.
1781208]] ReferredPublic inLaw House115-70 (RFH)]115th <DOC>Congress 115thAn CONGRESSAct 1stTo Sessionprevent S.elder abuse and exploitation and improve the justice system's response to victims in elder abuse and exploitation cases.
178<<NOTE: _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 4, 2017 Referred to the Committe 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 _______________________________________________________________________ AN ACT To prevent elder abuse and exploitation and improve the justice system's response to victims in elder abuse and exploitation cases.
BeOct. it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
18, 2017 - [S.
178]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
Elder Abuse Prevention and Prosecution Act.
34 USC 10101 note.>> SECTION 1.
DEFINITIONS.<<NOTE:
34 USC 21701.>> DEFINITIONS.
and (3)[[Page the131 termSTAT. ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
1209]] (3) the term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
SUPPORTING<<NOTE: FEDERAL CASES INVOLVING ELDER JUSTICE.
Designations.
Deadlines.
34 USC 21711.>> SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE.
(2) Investigative<<NOTE: support.--The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes relating to elder abuse, 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 abuse, which shall include-- (A) specialized strategies for communicating with and assisting elder abuse victims;
Consultation.>> Investigative support.--The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall, with respect to crimes relating to elder abuse, 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 abuse, which shall include-- (A) specialized strategies for communicating with and assisting elder abuse victims;
(4) Designated elder justice working group or subcommittee to the attorney general's advisory committee of united states attorneys.--Notattorneys later<<NOTE: than 60 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Executive Office for United States Attorneys, shall establish a subcommittee or working group to the Attorney General's Advisory Committee of United States Attorneys, as established under section 0.10 of title 28, Code of Federal Regulations, or any successor thereto, for the purposes of advising the Attorney General on policies of the Department of Justice relating to elder abuse.
(b)Consultation.>> Department.--Not of Justice Elder Justice Coordinator.--Not later than 60 days after the date of enactment of this Act, the Attorney GeneralGeneral, in consultation with the Director of the Executive Office for United States Attorneys, shall designateestablish ana Eldersubcommittee Justiceor Coordinatorworking withingroup to the DepartmentAttorney General's Advisory Committee of JusticeUnited who,States inAttorneys, additionas toestablished anyunder othersection responsibilities,0.10 shallof betitle responsible28, for--Code (1)of coordinatingFederal andRegulations, supportingor any successor thereto, for the lawpurposes enforcementof effortsadvising andthe policyAttorney activitiesGeneral foron policies of the Department of Justice onrelating to elder justiceabuse. issues;
(2)(b) evaluatingDepartment trainingof modelsJustice toElder determineJustice bestCoordinator.--Not practiceslater andthan creatingdays orafter compilingthe anddate makingof publiclyenactment availableof replicationthis guidesAct, andthe trainingAttorney materialsGeneral forshall lawdesignate enforcementan officers,Elder prosecutors,Justice judges,Coordinator emergency[[Page responders,131 individualsSTAT. 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;
1210]] within the Department of Justice who, in addition to any other responsibilities, shall be responsible for-- (1) coordinating and supporting the law enforcement efforts and policy activities for the Department of Justice on elder justice issues;
(2) <<NOTE:
Evaluation.
Public information.>> evaluating training models to determine best practices and creating or compiling and making publicly available replication guides and training materials 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) <<NOTE:
Investigations.>> conduct investigations in elder abuse cases;
and (C) appropriately<<NOTE: assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings;
Assessment.>> appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases, including in administrative, civil, and criminal judicial proceedings;
(c) Federal Trade Commission.-- (1) Federal trade commission elder justice coordinator.--coordinator.--Not Not later than 60 days after the date of enactment of this Act, the Chairman of the Federal Trade Commission shall designate within the Bureau of Consumer Protection of the Federal Trade Commission an Elder Justice Coordinator who, in addition to any other responsibilities, shall be responsible for-- (A) coordinating and supporting the enforcement and consumer education efforts and policy activities of the Federal Trade Commission on elder justice issues;
and (D)[[Page the131 outcomeSTAT. of the case.
1211]] (D) the outcome of the case.
ESTABLISHMENT<<NOTE: OF BEST PRACTICES FOR LOCAL, STATE, AND FEDERAL DATA COLLECTION.
(a)34 InUSC General.--The21721.>> AttorneyESTABLISHMENT General,OF inBEST consultationPRACTICES withFOR Federal,LOCAL, State,STATE, andAND localFEDERAL lawDATA enforcementCOLLECTION. agencies, shall-- (1) establish best practices for data collection to focus on elder abuse;
(a) <<NOTE:
Consultation.>> In General.--The Attorney General, in consultation with Federal, State, and local law enforcement agencies, shall-- (1) establish best practices for data collection to focus on elder abuse;
(b) Deadline.--Not<<NOTE: later than 1 year after the date of enactment of this Act, the Attorney General shall publish the best practices established under subsection (a)(1) on the website of the Department of Justice in a publicly accessible manner.
Web posting.
Public information.>> Deadline.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall publish the best practices established under subsection (a)(1) on the website of the Department of Justice in a publicly accessible manner.
EFFECTIVE<<NOTE: INTERAGENCY COORDINATION AND FEDERAL DATA COLLECTION.
Show all 131 changed lines (91 more)
(a)34 InUSC General.--The21722.>> AttorneyEFFECTIVE General,INTERAGENCY inCOORDINATION consultationAND withFEDERAL theDATA SecretaryCOLLECTION. of Health and Human Services shall, on an annual basis-- (1) collect from Federal law enforcement agencies, other agencies as appropriate, and Federal prosecutors' offices statistical data related to elder abuse cases, including cases or investigations where one or more victims were elders, or the case or investigation involved a financial scheme or scam that was either targeted directly toward or largely affected elders;
and(a) (2)<<NOTE: publish on the website of the Department of Justice in a publicly accessible manner-- (A) a summary of the data collected under paragraph (1);
andConsultation. (B) recommendations for collecting additional data relating to elder abuse, including recommendations for ways to improve data reporting across Federal, State, and local agencies.
Deadline.>> In General.--The Attorney General, in consultation with the Secretary of Health and Human Services shall, on an annual basis-- (1) collect from Federal law enforcement agencies, other agencies as appropriate, and Federal prosecutors' offices statistical data related to elder abuse cases, including cases or investigations where one or more victims were elders, or the case or investigation involved a financial scheme or scam that was either targeted directly toward or largely affected elders;
and (2) <<NOTE:
Web posting.
Public information.>> publish on the website of the Department of Justice in a publicly accessible manner-- (A) <<NOTE:
Summary.>> a summary of the data collected under paragraph (1);
and (B) <<NOTE:
Recommenda- tions.>> recommendations for collecting additional data relating to elder abuse, including recommendations for ways to improve data reporting across Federal, State, and local agencies.
(D)[[Page in131 theSTAT. case of a scheme or scam, a description of such scheme or scam giving rise to the elder abuse;
1212]] (D) in the case of a scheme or scam, a description of such scheme or scam giving rise to the elder abuse;
(c) HHS<<NOTE: Requirement.--The Secretary of Health and Human Services shall, on an annual basis, provide to the Attorney General statistical data collected by the Secretary relating to elder abuse cases investigated by adult protective services, which shall be included in the summary published under subsection (a)(2).
Deadline.>> HHS Requirement.--The Secretary of Health and Human Services shall, on an annual basis, provide to the Attorney General statistical data collected by the Secretary relating to elder abuse cases investigated by adult protective services, which shall be included in the summary published under subsection (a)(2).
REPORT.<<NOTE:
34 USC 21731.>> REPORT.
(b)[[Page Contents.--The131 reportSTAT. required under subsection (a) shall include-- (1) an analysis of victims' assistance, victims' compensation, and discretionary grants under which elder abuse victims (including elder victims of financial abuse, financial exploitation, and fraud) received assistance;
and1213]] (2)(b) recommendationsContents.--The forreport improvingrequired servicesunder forsubsection victims(a) ofshall elderinclude-- abuse.(1) <<NOTE:
TITLEAnalysis.>> IV--ROBERTan MATAVAanalysis ELDERof ABUSEvictims' PROSECUTIONassistance, ACTvictims' OFcompensation, 2017and SEC.discretionary grants under which elder abuse victims (including elder victims of financial abuse, financial exploitation, and fraud) received assistance;
and (2) <<NOTE:
Recommenda- tions.>> recommendations for improving services for victims of elder abuse.
TITLE IV <<NOTE:
Robert Matava Elder Abuse Prosecution Act of 2017.>> -- ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017 SEC.
SHORT<<NOTE: TITLE.
34 USC 10101 note.>> SHORT TITLE.
(a) In<<NOTE: General.--Chapter 113A of title 18, United States Code, is amended-- (1) in the chapter heading, by inserting ``AND EMAIL MARKETING'' after ``TELEMARKETING'';
18 USC prec.
2325.>> In General.--Chapter 113A of title 18, United States Code, is amended-- (1) in the chapter heading, by inserting ``AND EMAIL MARKETING'' after ``TELEMARKETING'';
Definition<<NOTE: ``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;
18 USC 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;
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[[Page response131 toSTAT. the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation.'';
(3)1214]] in sectionresponse 2326,to in the matterwritten precedingmaterials, paragraphwhether (1)--in (A)hard bycopy strikingor ``ordigital 1344''format, and insertingin ``1344,response orto 1347those orinterstate sectiontelephone 1128Bcalls, ofemails, thetext Socialmessages, Securityor Actelectronic (42instant U.S.C.messages does not conduct further solicitation.'';
(3) in section 2326, <<NOTE:
18 USC 2326.>> in the matter preceding paragraph (1)-- (A) by striking ``or 1344'' and inserting ``1344, or or section 1128B of the Social Security Act (42 U.S.C.
Mandatory<<NOTE: forfeiture ``(a) In General.--The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States-- ``(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense;
18 USC 2328.>> Mandatory forfeiture ``(a) <<NOTE:
Courts.>> In General.--The court, in imposing sentence on a person who is convicted of any offense for which an enhanced penalty is provided under section 2326, shall order that the defendant forfeit to the United States-- ``(1) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense;
``(b) Procedures.--The<<NOTE: procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C.
Applicability.>> Procedures.--The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C.
(b) Technical and Conforming Amendments.-- (1) The table of chapters at the beginning of part I of title 18, United States Code, is<<NOTE: amended by striking the item relating to chapter 113A and inserting the following:
18 USC prec.
1.>> is amended by striking the item relating to chapter 113A and inserting the following:
Telemarketing and email marketing fraud.............fraud..................2325''.
2325''.(2) The table of sections for chapter 113A of title 18, United States Code, <<NOTE:
(2)18 TheUSC tableprec. of sections for chapter 113A of title 18, United States Code, is amended by inserting after the item relating to section 2327 the following:
2325.>> is amended by inserting after the item relating to section 2327 the following:
TRAINING<<NOTE: AND TECHNICAL ASSISTANCE FOR STATES.
The34 AttorneyUSC General,21741.>> inTRAINING consultationAND withTECHNICAL theASSISTANCE SecretaryFOR ofSTATES. Health and Human Services and in coordination with the Elder Justice Coordinating Council (established under section 2021 of the Social Security Act (42 U.S.C.
The <<NOTE:
Consultation.
Coordination.
Evaluation.>> Attorney General, in consultation with the Secretary of Health and Human Services and in coordination with the Elder Justice Coordinating Council (established under section 2021 of the Social Security Act (42 U.S.C.
and (2) assessing,<<NOTE: addressing, and mitigating the physical and psychological trauma to victims of elder abuse.
SEC.Assessment.>> assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse.
[[Page 131 STAT.
1215]] SEC.
INTERSTATE<<NOTE: INITIATIVES.
34 USC 21742.>> INTERSTATE INITIATIVES.
(b) Recommendations<<NOTE: on Interstate Communication.--The Executive Director of the State Justice Institute, in consultation with State or local adult protective services, aging, social, and human services and law enforcement agencies, nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases, and the Secretary of Health and Human Services, shall submit to Congress legislative proposals relating to the facilitation of interstate agreements and compacts.
Consultation.
Proposals.>> Recommendations on Interstate Communication.--The Executive Director of the State Justice Institute, in consultation with State or local adult protective services, aging, social, and human services and law enforcement agencies, nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases, and the Secretary of Health and Human Services, shall submit to Congress legislative proposals relating to the facilitation of interstate agreements and compacts.
``(E) subject to paragraph (3), programs to assess the fairness, effectiveness, timeliness, safety, integrity, and accessibility of adult guardianship and conservatorship proceedings, including the appointment and the monitoring of the performance of court-court-appointed appointed guardians and conservators, and to implement changes deemed necessary as a result of the assessments such as mandating background checks for all potential guardians and conservators, and implementing systems to enable the annual accountings and other required conservatorship and guardianship filings to be completed, filed, 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 persons;
(4)[[Page by131 insertingSTAT. after paragraph (2), the following new paragraph:
``(3)1216]] Requirements(4) forby court-appointedinserting guardianshipafter oversight demonstration programs.-- ``(A) Award of grants.--In awarding grants to the highest courts of States for demonstration programs described in paragraph (2)(E),(2), the Secretaryfollowing shallnew considerparagraph: the recommendations of the Attorney General and the State Justice Institute, as established by section 203 of the State Justice Institute Act of 1984 (42 U.S.C.
``(3) Requirements for court-appointed guardianship oversight demonstration programs.-- ``(A) Award of grants.--In awarding grants to the highest courts of States for demonstration programs described in paragraph (2)(E), the Secretary shall consider the recommendations of the Attorney General and the State Justice Institute, as established by section of the State Justice Institute Act of 1984 (42 U.S.C.
(a) Elder<<NOTE: Justice Recommendations.--Not later than 18 months after the date of enactment of this Act, 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-- (1) a report on such programs and initiatives;
Review.>> Elder Justice Recommendations.--Not later than 18 months after the date of enactment of this Act, 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-- (1) a report on such programs and initiatives;
OUTREACH<<NOTE: TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
TheReports.>> AttorneyOUTREACH GeneralTO shallSTATE submitAND toLOCAL theLAW CommitteeENFORCEMENT onAGENCIES. 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 cases.
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 [[Page 131 STAT.
1217]] 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 cases.
MODEL<<NOTE: POWER OF ATTORNEY LEGISLATION.
Publication.
34 USC 21751.>> MODEL POWER OF ATTORNEY LEGISLATION.
BEST<<NOTE: PRACTICES AND MODEL LEGISLATION FOR GUARDIANSHIP PROCEEDINGS.
Publication.
34 USC 21752.>> BEST PRACTICES AND MODEL LEGISLATION FOR GUARDIANSHIP PROCEEDINGS.
PassedApproved theOctober Senate18, August 1, 2017.
Attest:LEGISLATIVE HISTORY--S.
JULIE178: E.
ADAMS,--------------------------------------------------------------------------- Secretary.SENATE REPORTS:
No.
115-9 (Comm.
on the Judiciary).
CONGRESSIONAL RECORD, Vol.
163 (2017):
Aug.
1, considered and passed Senate.
Oct.
3, considered and passed House.
<all>
Show all 131 changed rows (91 more)
View plain text versions (6)
- Chaptered Public Law Current html October 18, 2017
- Referred in House View text html August 04, 2017
- Engrossed Engrossed in Senate html August 01, 2017
- Reported Reported to Senate html March 23, 2017
- Introduced Introduced in Senate html January 20, 2017
- Enrolled Enrolled Bill html
Action History
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Introduced in Senate
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Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S361-362)
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Committee on the Judiciary. Ordered to be reported without amendment favorably.
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Committee on the Judiciary. Reported by Senator Grassley without amendment. With written report No. 115-9.
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Committee on the Judiciary. Reported by Senator Grassley without amendment. With written report No. 115-9.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
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Measure laid before Senate by unanimous consent. (consideration: CR S4681-4684)
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Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.(text: CR S4681-4684)
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Passed Senate with amendments by Voice Vote. (text: CR S4681-4684)
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Message on Senate action sent to the House.
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Received in the House.
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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.
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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.
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Referred to the Subcommittee on Digital Commerce and Consumer Protection.
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Mr. Goodlatte moved to suspend the rules and pass the bill.
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Considered under suspension of the rules. (consideration: CR H7709-7712)
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DEBATE - The House proceeded with forty minutes of debate on S. 178.
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Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7709-7712)
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On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7709-7712)
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Motion to reconsider laid on the table Agreed to without objection.
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Presented to President.
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Presented to President.
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Signed by President.
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Signed by President.
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Became Public Law No: 115-70.
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Became Public Law No: 115-70.
Sponsors
- Chuck Grassley · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Grassley, Chuck Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 178?
- S 178 is sponsored by Grassley, Chuck (Republican).
- What is the current status of S 178?
- This bill has been enacted into law. Introduced January 20, 2017. Enacted.
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