[Congressional Record Volume 155, Number 56 (Thursday, April 2, 2009)]
[Senate]
[Page S4331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mrs. Lincoln, Mr. Kohl, and Ms. 
        Snowe):
  S. 795. A bill to amend the Social Security Act to enhance the social 
security of the Nation by ensuring adequate public-private 
infrastructure and to resolve to prevent, detect, treat, intervene in, 
and prosecute elder abuse, neglect, and exploitation, and for other 
purposes; to the Committee on Finance.
  Mr. HATCH. Mr. President, today, Senator Blanche Lincoln, Senator 
Herb Kohl, Senator Olympia Snowe and I will be introducing the Elder 
Justice Act. The Elder Justice Act we are introducing today was 
reported by the Senate Finance Committee during the last Congress. In 
fact, this legislation has been introduced consistently since the 107th 
Congress. Additionally, it has been reported unanimously by the Finance 
Committee during the last three Congresses.
  I want to express my gratitude to Senator Blanche Lincoln, the other 
lead sponsor of the Elder Justice Act. Senator Lincoln's strong 
commitment to reducing elder abuse has made a tremendous difference. It 
has been a pleasure to work with her on this important legislation.
  In addition, I want to acknowledge the other original cosponsors of 
this bill, Senator Herb Kohl and Senator Olympia Snowe. Over the years, 
Senator Kohl has been strong supporter of this legislation and, as 
Chairman of the Select Committee on Aging, his support has been greatly 
appreciated by me. Senator Snowe has been a strong supporter of the 
Elder Justice Act for many years.
  The Elder Justice Coalition, headed by Bob Blancato, also has been a 
great ally of the Elder Justice Act. The coalition, which has close to 
560 members, is dedicated to eliminating elder abuse, neglect, and 
exploitation in our country. Over the years, coalition members have 
worked hard to educate Congress about the Elder Justice Act.
  I also must acknowledge the work of former Senator John Breaux on 
this important legislation. Senator Breaux was the original sponsor of 
the Elder Justice Act.
  In fact, Senator Breaux and I first introduced this legislation in 
the 107th Congress.
  Even though Senator Breaux is no longer in the Senate, he has still 
fought for passage of this legislation and currently serves as the 
Honorary Chairman of the Elder Justice Coalition.
  As far as the Elder Justice Act is concerned, one of the most 
significant provisions of this bill is the creation of an Elder Justice 
Coordinating Council and an Advisory Board on elder abuse, neglect and 
exploitation.
  The Coordinating Council, which would be chaired by the Secretary of 
Health and Human Services, would be made up of Federal agency 
representatives who would be responsible for overseeing programs 
related to elder abuse.
  Advisory Board members would include citizens who have extensively 
studied issues surrounding elder abuse.
  Together, the Council and Advisory Board would be responsible for 
coordinating public and private activities and programs related to 
elder abuse.
  Today, that goal is unattainable because quite simply, the approach 
to addressing elder abuse is disjointed among Federal agencies.
  Therefore, the major goal of the Elder Justice Act would be to 
encourage a comprehensive and coordinated response by these Federal 
agencies to elder abuse.
  I also want to take a minute to address a concern that has been 
raised by some who believe that the Elder Justice Act is duplicative 
because federal programs already exist to address elder abuse.
  I respectfully disagree with that assessment. In fact, last Congress, 
we spent a lot of time with agency officials to address some of the 
concerns raised about the bill. It is my hope that we will continue 
those discussions this year.
  That being said, I truly believe that our government needs to do more 
when it comes to elder abuse. As more and more baby boomers retire over 
the next 3 decades, we can no longer ignore the reality that elder 
abuse is prevalent within our society and we must do something to 
address it. Enacting the Elder Justice Act is the first step.
  Senior citizens cannot wait any longer for this legislation to pass. 
Getting this bill signed into law continues to be one of my top 
priorities. Therefore, I urge my colleagues to cosponsor the Elder 
Justice Act and support the passage of this legislation.
  Our seniors deserve no less.
  Mr. KOHL. Mr. President, I wish today to express my support for the 
Elder Justice Act of 2009. As in previous years, I am proud to be an 
original cosponsor. I wish to thank my colleague, Senators Hatch, 
Lincoln, and Snowe for their leadership to address the often-hidden 
scourge of elder abuse. For years, Congress has failed to take concrete 
action to address the consequences of elder abuse, and that must 
change.
  The Elder Justice Act takes several important steps to help protect 
our vulnerable elders. First, it boosts funding for the long-term care 
ombudsman program, which is the chief source of advocacy for 
individuals who live in nursing homes and assisted living facilities. 
The bill would advance the understanding of how to prosecute and 
address elder abuse by providing funds to focus on and develop the 
forensics of elder abuse. In addition, it elevates the importance of 
elder justice issues by creating a coordinating council of Federal 
agencies that will make policy recommendations and submit reports to 
Congress every 2 years. The legislation provides funding for adult 
protective services programs and improves training and working 
conditions for long-term care professionals.
  We must also act to prevent abuse of our elders whenever and wherever 
possible. The Patient Safety and Abuse Prevention Act, which I recently 
reintroduced with my colleague, Senator Collins, would do much to 
prevent physical, emotional and financial abuse by providing States 
with the resources they need to significantly improve background check 
screening processes for vulnerable populations, including frail elders 
and individuals with disabilities. We know from the results of a 3-year 
pilot program that thousands of predators can be eliminated from the 
long-term care workforce that serves elders simply by improving and 
tightening screening standards.
  In closing, I urge my colleagues to support both the Elder Justice 
Act and the Patient Safety and Abuse Prevention Act. Thousands of 
individuals with a history of substantiated abuse or a criminal record 
are hired every year to work closely with exposed and defenseless 
seniors within our Nation's nursing homes and other long-term care 
facilities. Because the current system of State-based background checks 
is haphazard, inconsistent, and full of gaping holes, predators can 
evade detection throughout the hiring process, securing jobs that allow 
them to assault, abuse, and steal from defenseless elders.
  I thank Senators Hatch, Lincoln, and Snowe for their commitment to 
the cause of elder justice. I look forward to working with my 
colleagues to enact the legislation we are introducing today.
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