[Congressional Record Volume 149, Number 24 (Monday, February 10, 2003)]
[Senate]
[Pages S2120-S2121]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BREAUX (for himself, Mr. Hatch, Mr. Baucus, Mr. Bond, Mr. 
        Burns, Ms. Collins, Mr. Harkin, Mr. Kohl, Ms. Landrieu, Mrs. 
        Lincoln, Mr. Nelson of Florida, Mr. Rockefeller, Mr. Santorum, 
        Mr. Smith, Mr. Jeffords, Mr. Miller, and Ms. Stabenow):
  S. 333. A bill to promote elder justice, and for other purposes; to 
the Committee on Finance.
  Mr. BREAUX. Mr. President, I rise to introduce S. 333, the Elder 
Justice Act. Despite the rapid aging of America, few pressing social 
issues have been as systematically ignored as elder abuse, neglect, and 
exploitation.
  This abuse of our seniors takes many forms. It can be physical, 
sexual, psychological, or financial. The perpetrator may be a stranger, 
an acquaintance, a paid caregiver, a corporation and, far too often, a 
spouse or another family member. Elder abuse happens everywhere--in 
poor, middle-class and upper income households; in cities, suburbs, and 
rural areas. It knows no demographic or geographic boundaries.
  The cost of such abuse and neglect is high by any measure. The price 
of this abuse is paid in needless human suffering, inflated health care 
costs, depleted public resources, and the loss of one of our greatest 
national assets--the wisdom and experience of our elders.
  With scientific advances and the graying of millions of baby boomers, 
this year the number of elderly on the planet passed the number of 
children for the 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 Americans.
  Studies conclude that elder abuse, neglect, and exploitation are 
widely under reported and these abuses significantly shorten the lives 
of older victims. A single episode of mistreatment can tip over an 
otherwise independent, productive life, triggering a downward spiral 
that can result in depression, serious illness, and even death.
  Too many of our frailest citizens suffer needlessly and cannot simply 
move away from the abuse. Frequently, they cannot express their wishes 
or suffering. And, even if they can, often they do not, fearing 
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 placed these two issues into the national consciousness and 
addressed the issues at a national level.
  The law created new Federal infrastructure and funding--focusing 
resources, creating accountability, and changing how we think about and 
treat abuse of women and children. And most

[[Page S2121]]

jurisdictions now have established coordinated social service-public 
heath-law enforcement approaches to confront these abuses.
  But 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 waxed and waned, and, to 
date, no Federal law has been enacted to address this issue in a 
comprehensive manner. In these hearings, elder abuse was called a 
``disgrace'' and a ``burgeoning national scandal.'' Indeed, we found no 
single Federal employee working full time on elder abuse in the entire 
Federal Government.
  The time has come for Congress to provide seniors a set of 
fundamental protections. That is why, along with Senators Hatch, 
Baucus, Collins, Smith of Oregon, Lincoln, Bond, Nelson of Florida, 
Burns, Rockefeller, Santorum, Landrieu, Jeffords, Harkin, Miller, 
Stabenow, and Kohl, I am introducing a bill, the Elder Justice Act, the 
first comprehensive Federal effort to address elder abuse in the United 
States.
  Our bill will elevate elder abuse, neglect, and exploitation to the 
national stage in a lasting way. We want to ensure Federal leadership 
to provide resources for services, prevention, and enforcement efforts 
to those on the front lines.
  A crime is a crime whoever the victim and wherever it occurs. 
Crimes against seniors must 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 methods of prevention is two-pronged--through both law 
enforcement and social services. With offices in the Departments of 
Health and Human Services and Justice, this legislation ensures 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, this bill establishes research 
centers of excellence, and funds research projects to fuel future 
legislation.
  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.
  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 neighborhoods, to 
enhance long-term care staffing and to stop financial fraud before the 
money goes out the door.
  It enhances detection by creating forensic centers and developing 
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 increases collaboration by requiring ongoing coordination at the 
federal level, among Federal, State, local and private entities, law 
enforcement, long-term care facilities, consumer advocates and 
families.
  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.
  It helps consumers by creating a resource center for family 
caregivers and those trying to make decisions about 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 to live longer, what do we gain if we fail to 
ensure Americans live longer with dignity?
  More and more of us will enjoy longer life in relative health, but 
with this gift comes the responsibility to prevent the needless 
suffering too often borne by our frailest citizens.
  I appreciate the work of my fellow members and a wide array of groups 
on behalf of elder justice and look forward to continued support from 
both sides of the aisle and in both houses to make elder justice a 
reality for those Americans who need it most.
                                 ______