Elder Abuse Prevention and Prosecution Act
Latest action · Oct 18, 2017 Became Public Law No: 115-70.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 20, 2017
- Passed SenateAug 1, 2017
- Passed HouseOct 3, 2017
- To the PresidentOct 6, 2017
- Became lawOct 18, 2017Public Law 115-70
Summary
(This measure has not been amended since it was passed by the Senate on August 1, 2017. The summary of that version is repeated here.)
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.
Cosponsors 15
Members who signed on, in the order they did. Signatures ran from Jan 20, 2017 to Jun 14, 2017; 7 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MN | Amy Klobuchar | Original | Jan 20, 2017 |
| D-CA | Dianne Feinstein | Original | Jan 20, 2017 |
| R-TX | John Cornyn | Original | Jan 20, 2017 |
| D-CO | Michael F. Bennet | Original | Jan 20, 2017 |
| D-VT | Patrick J. Leahy | Original | Jan 20, 2017 |
| D-CT | Richard Blumenthal | Original | Jan 20, 2017 |
| R-NC | Thom Tillis | Original | Jan 20, 2017 |
| D-MN | Al Franken | Jan 30, 2017 | |
| D-IL | Richard J. Durbin | Jan 30, 2017 | |
| R-FL | Marco Rubio | Feb 1, 2017 | |
| R-ME | Susan M. Collins | Feb 8, 2017 | |
| D-HI | Mazie K. Hirono | Feb 13, 2017 | |
| D-RI | Sheldon Whitehouse | Feb 13, 2017 | |
| D-PA | Robert P. Casey Jr. | Apr 3, 2017 | |
| D-NV | Catherine Cortez Masto | Jun 14, 2017 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Jan 20, 2017Markup Feb 9, 2017Reported Mar 23, 2017 |
| House | Judiciary Committee | Referred Aug 4, 2017 |
| House | Energy and Commerce Committee | Referred Aug 4, 2017 |
| Commerce, Manufacturing, and Trade Subcommittee | Referred Aug 11, 2017 |
Actions 19
Everything that happened, newest first.
- Oct 18, 2017Signed by President.
- Oct 18, 2017Became Public Law No: 115-70.
- Oct 6, 2017Presented to President.
- Oct 3, 2017Mr. Goodlatte moved to suspend the rules and pass the bill.
- Oct 3, 2017Considered under suspension of the rules. (consideration: CR H7709-7712)
- Oct 3, 2017DEBATE - The House proceeded with forty minutes of debate on S. 178.
- Oct 3, 2017Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7709-7712)
- Oct 3, 2017Motion to reconsider laid on the table Agreed to without objection.
- Aug 11, 2017Referred to the Subcommittee on Digital Commerce and Consumer Protection.
- Aug 4, 2017Received in the House.
- Aug 4, 2017Referred 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 2, 2017Message on Senate action sent to the House.
- Aug 1, 2017Measure laid before Senate by unanimous consent. (consideration: CR S4681-4684)
- Aug 1, 2017Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote. (text: CR S4681-4684)
- Mar 23, 2017Committee on the Judiciary. Reported by Senator Grassley without amendment. With written report No. 115-9.
- Mar 23, 2017Placed on Senate Legislative Calendar under General Orders. Calendar No. 23.
- Feb 9, 2017Committee on the Judiciary. Ordered to be reported without amendment favorably.
- Jan 20, 2017Introduced in Senate
- Jan 20, 2017Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S361-362)
In the Congressional Record 4
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S7841 | Chuck Grassley R-IA | Dec 19, 2018 |
| House | Debate and remarks H7709–H7712Text printed H7709–H7712 | Bob Goodlatte R-VA, John Conyers, Jr. D-MI | Oct 3, 2017 |
| Senate | Debate and remarks S4681–S4684Text printed S4681–S4684Amendments S4674, S4681 | Chuck Grassley R-IA (amendment), Rob Portman R-OH | Aug 1, 2017 |
| Senate | Debate and remarks S361 | Chuck Grassley R-IA | Jan 20, 2017 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Feb 21, 2017S. 178, Elder Abuse Prevention and Prosecution ActAs ordered reported by the Senate Committee on the Judiciary on February 9, 2017
CRS reports 2
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 2
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IN12462 | Elder Financial Exploitation | Insight | Feb 12, 2025 |
| R43707 | The Elder Justice Act: Background and Issues for Congress | Report | Jun 15, 2020 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 742 | To improve the bill. | Chuck Grassley R-IA | Amendment SA 742 agreed to in Senate by Unanimous Consent. |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 182 | Court-Appointed Guardian Accountability and Senior Protection Act | Related bill | Jan 20, 2017 |
Titles 13
Every title it has carried, official and short, at each stage.
- Official Title
- An act to prevent elder abuse and exploitation and improve the justice system's response to victims in elder abuse and exploitation cases
- Short Title
- Elder Abuse Prevention and Prosecution Act
- Official Title as Introduced
- A bill to prevent elder abuse and exploitation and improve the justice system's response to victims in elder abuse and exploitation cases.
- Short Titles as Introduced
- Elder Abuse Prevention and Prosecution Act
- Short Titles as Reported to Senate
- Elder Abuse Prevention and Prosecution Act
- Short Titles as Passed House
- Elder Abuse Prevention and Prosecution Act
- Short Titles as Passed Senate
- Elder Abuse Prevention and Prosecution Act
- Short Titles as Enacted
- Elder Abuse Prevention and Prosecution Act
- Short Titles as Introduced for portions of this bill
- Robert Matava Elder Abuse Prosecution Act of 2017
- Short Titles as Reported to Senate for portions of this bill
- Robert Matava Elder Abuse Prosecution Act of 2017
- Short Titles as Passed House for portions of this bill
- Robert Matava Elder Abuse Prosecution Act of 2017
- Short Titles as Passed Senate for portions of this bill
- Robert Matava Elder Abuse Prosecution Act of 2017
- Short Titles as Enacted for portions of this bill
- Robert Matava Elder Abuse Prosecution Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.
- Advisory bodies
- Aging
- Census and government statistics
- Congressional oversight
- Consumer affairs
- Crime and Law Enforcement
- Crime prevention
- Crime victims
- Criminal investigation, prosecution, interrogation
- Criminal justice information and records
- Department of Justice
- Detention of persons
- Diplomacy, foreign officials, Americans abroad
- Drug trafficking and controlled substances
- Executive agency funding and structure
- Family services
- Federal officials
- Federal Trade Commission (FTC)
- Fraud offenses and financial crimes
- Government studies and investigations
- Intergovernmental relations
- Law enforcement administration and funding
- Lawyers and legal services
- Marketing and advertising
- Mental health
- Organized crime
- State and local government operations
- Telephone and wireless communication
Text 5
Each version as it was printed, newest first.
- —Enrolled Bill
- Aug 4, 2017Referred in House
- Aug 1, 2017Engrossed in Senate
- Mar 23, 2017Reported to Senate
- Jan 20, 2017Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.