[Congressional Record Volume 148, Number 116 (Friday, September 13, 2002)]
[Senate]
[Pages S8592-S8594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ELDER JUSTICE ACT OF 2002
Mr. BREAUX. Mr. President, I take a moment to speak to legislation
that has been introduced by myself along with a number of bipartisan
colleagues, which is entitled the Elder Justice Act of 2002.
The legislation has been introduced by me along with Senators Hatch,
Baucus, Collins, Carnahan, Smith of Oregon, Lincoln, Bond, Torricelli,
Nelson of Florida, and also Senator Stabenow.
I will take a minute to just describe the problem we have in this and
outline the features of the legislation. I think there are probably few
pressing national concerns of social issues that are as important and
also ignored as
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much as elder abuse, elder neglect, and also the exploitation of elder
Americans.
This abuse of our seniors takes many different forms. It could be
physical abuse, sexual abuse, psychological abuse, and it could also be
financial abuse. The perpetrator may be a stranger you have never heard
of or never seen; it may be an acquaintance; it may be a paid caregiver
in some institution; it may be a corporation; and, unfortunately, far
too often it can be a spouse or another member of the elderly person's
family.
Elder abuse happens everywhere--in poor, middle class, and upper
income households; in cities, suburbs, and in rural areas. It knows no
demographic or geographic boundaries.
The cost of such abuse and neglect is extremely high by any measure.
The price of the abuse is paid in needless human suffering, inflated
health care costs for everyone, depleted public resources, and the loss
of one of our greatest national assets: Of course, the wisdom and
experience of the elders in our country.
With scientific advances and the graying of millions of baby boomers,
this year the number of elderly on the planet will pass the number of
children on the planet for the very first time. Although we have made
great strides in promoting independence, productivity, and quality of
life, old age still brings inadequate health care, isolation,
impoverishment, abuse, and neglect for far too many elder Americans.
Studies we have looked at in our Aging Committee, which I have the
privilege of chairing, conclude that elder abuse, neglect, and
exploitation are widely unreported. These abuses significantly shorten
the lives of older Americans. A single episode of mistreatment can
``tip over'' an otherwise independent, productive life, triggering a
downward spiral that can result in depression, serious illness, or even
death.
Too many of our frailest citizens suffer needlessly and cannot simply
move away and escape from the abuse. Frequently, they cannot express
their wishes or their suffering. Even if they can, they often do not
because they fear retaliation.
Congress has passed comprehensive bills to address the ugly truth of
two other types of abuse--child abuse and crimes against women. These
bills have placed these two issues into the national consciousness and
addressed the issues at the national level.
These laws created new Federal infrastructure and funding--focusing
resources, creating accountability, and changing how we think about and
treat the abuse of women and children. Most jurisdictions now have
established coordinated social service, public health, and law
enforcement approaches to confront these abuses.
It is interesting when we look at how Federal dollars are being spent
in the area of abuse and neglect. On the chart, the area in red
represents the money being spent with regard to child abuse--$6.7
billion on various programs. On the other hand, if you look at what we
are doing in the area of spousal abuse, domestic abuse, it is about
$520 million. When you look at how much we are spending on the question
of elder abuse, it is only a very small amount in comparison--
approximately 2 percent of the money that is spent on trying to
alleviate, understand, and prevent abuse. It is focused on the fastest
growing segment of our population, where in our hearings in the Aging
Committee we have found it is a substantial and real problem.
I am not saying domestic abuse and child abuse should be terminated
from the standpoint of spending money to prevent it. Of course not. It
is a high priority. What we are saying is that we need more attention
on the question of how we treat, as a society, the elderly in our
country, which is the fastest growing segment of our population.
Despite dozens of congressional hearings over the past two decades on
the devastating effects of elder abuse, neglect, and exploitation,
interest in the subject has risen and fallen, it has waxed and waned.
To date, no Federal law has been enacted to address this issue of elder
abuse in a comprehensive fashion.
In these hearings we had in the Aging Committee, elder abuse was
called a disgrace, a burgeoning national scandal. Indeed, we found no
single Federal employee working full time on the issue of elder abuse
in the entire Federal Government, in any Department, anywhere.
I think the time has come to provide seniors a set of fundamental
protections. That is why, along with the colleagues I listed, we have
introduced S. 2933, the first comprehensive Federal effort to address
elder abuse in the United States--the Elder Justice Act of 2002.
Our bill will elevate elder abuse, neglect, and exploitation to the
national stage in a lasting way. We want to ensure that there is
Federal leadership to provide resources for the services, prevention,
and enforcement effort to those on the front lines.
You know, a crime is a crime, no matter who the victim is, or
wherever the victim happens to be, or whatever the age of the victim
is. Crimes against seniors must certainly be elevated to the level of
child abuse and crimes against women.
It is clear, in confronting child abuse and violence against women,
that the best method of prevention has been a two-pronged approach--
through both law enforcement and social services. With offices in the
Department of Health and Human Services, HHS, and the Department of
Justice, our legislation will ensure a combined public health-law
enforcement coordination at all levels.
In addition, because elder abuse and neglect have been virtually
absent from the national research agenda, our legislation establishes
research centers of excellence and funds research projects to fuel
future legislation that may be necessary.
These measures lay the foundation to address, in a meaningful and
lasting way, a devastating and growing problem that has been invisible
for far too long. We can no longer neglect these difficult issues
afflicting frail and elderly victims--American citizens.
This effort takes numerous steps to prevent and treat elder abuse. It
improves prevention and intervention by funding projects to make older
Americans safer in their homes, facilities, and in their neighborhoods,
to enhance long-term-care staffing, and to stop financial fraud before
the money goes out of the door.
It enhances detection by creating forensic centers and develops
expertise to enhance detection of the problem.
It bolsters treatment by funding efforts to find better ways to
mitigate the devastating consequences of elder mistreatment.
It also increases collaboration by requiring ongoing coordination at
the Federal level, among Federal, State, local, private entities, law
enforcement, long-term care facilities, consumer advocates, and
families, to bring all of these agencies together in a coordinated
fashion.
It aids prosecution by assisting law enforcement and prosecutors to
ensure that those who abuse our Nation's frail elderly will be held
accountable, wherever the crime occurs and whoever the victim happens
to be.
It also helps consumers by creating a resource center for family
caregivers and those trying to make decisions about the different types
of long-term care providers.
The importance of defending our right to live free of suffering from
abuse and neglect does not diminish with age.
If we can unlock the mysteries of science and live longer, what do we
gain if we fail to ensure that Americans also live better lives and
longer lives, lives with dignity? More and more of us will enjoy a
longer life in relatively good health, and with this gift comes the
responsibility to prevent the needless suffering too often borne by our
frailest citizens.
I appreciate the work of the members of our Aging Committee and our
cosponsors and their joint effort with me to put together this
legislation. I recommend it be considered by our colleagues and that
the Senate proceed ultimately to action on the bill, S. 2933, the Elder
Justice Act of 2002.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
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The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LIEBERMAN. I thank the Chair.
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