[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5169-S5170]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Blumenthal, Mr. Cornyn, Ms. 
        Klobuchar, Mr. Rubio, and Mr. Bennet):
  S. 3270. A bill to prevent elder abuse and exploitation and improve 
the justice system's response to victims in elder abuse and 
exploitation cases; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, I have fought for years to protect our

[[Page S5170]]

Nation's seniors from abuse and exploitation--initially, as former 
Chairman of the Senate Aging Committee, former Chairman of Senate 
Finance Committee, and more recently, as Chairman of the Senate 
Judiciary Committee.
  Two weeks ago, I chaired a Judiciary Committee hearing on Protecting 
Older Americans from Financial Exploitation. At the hearing, we heard 
about numerous scams in which seniors were targeted time after time, 
resulting in their being defrauded, often with devastating 
consequences. We also heard that many older Americans don't report 
instances of elder abuse or exploitation due to embarrassment, a 
refusal to acknowledge that they were victimized, or reliance on the 
perpetrator as their caretaker.
  Sadly, these accounts of elder abuse are nothing new. What has 
changed is that the scams targeting seniors are becoming increasingly 
sophisticated. That is one of the reasons why elder financial 
exploitation has been dubbed ``the crime of the 21st century.''
  I have made it a top priority to get the federal government to step 
up its efforts to fight the abuse, neglect, and financial exploitation 
of our Nation's seniors.
  To this end, I recently called on the Justice Department to outline 
its efforts to prevent and respond to instances of elder abuse. First, 
I sent a letter to the Department to find out what it's doing to 
protect seniors from a new and particularly troubling form of 
exploitation: the photographing and online publication of nursing home 
residents in embarrassing and compromising situations.
  I also sent a letter to inquire about the Department's efforts to 
fight imposter scams, in which fraudsters pose as employees of the IRS 
or another government agency, in order to deprive ordinary Americans of 
millions of dollars of their hard earned money.
  Most recently, I asked about the data the Department is collecting on 
financial exploitation, as well as how this data is being used to 
support Federal efforts to protect America's seniors.
  In its response to my inquiries, the Justice Department effectively 
admitted that it falls short in several respects. The Department said 
that it ``does not collect data on the prevalence of elder financial 
exploitation nationwide.'' Further, the Department said that it can't 
provide statistical information on the number of cases it has 
prosecuted for elder financial exploitation.
  What all this means is that we are not getting the full picture of 
elder financial exploitation.
  We do know that some older Americans' trusting and polite nature, 
combined with their hard-earned retirement savings, make them 
particularly attractive targets for fraudsters. We also know that the 
abuse and exploitation of older Americans is on the rise and it can 
take many forms.
  Financial exploitation is the most widespread form of elder abuse, 
costing America's seniors between an estimated $2.9 billion and $36 
billion annually. But, sadly, its costs aren't limited to the negative 
effect on seniors' bank accounts. Victims suffer all sorts of negative 
effects, including diminished health, loss of independence, and 
psychological distress.
  It is estimated that up to 37 percent of seniors in the United States 
are affected by some form of financial exploitation in any 5-year 
period.
  In my home State of Iowa, so-called grandparent scams are on the 
rise. In these scams, fraudsters present themselves to an older 
American as a grandchild in distress, hoping to convince the 
grandparent to send cash or give out a credit card number.
  Con artists are also using sweepstakes scams to steal money from 
seniors. A senior is called and told they have won a prize or sum of 
money. But before they can claim the supposed prize, the victim is 
required to pay taxes or processing fees. Once the money is paid to 
cover the taxes and fees, however, no prize ever materializes.
  Other instances of elder financial exploitation are more personal in 
nature and have especially devastating effects. Some victims are 
pressured into signing over a deed, modifying a will, or giving a power 
of attorney. Americans have lost their farms, homes, and life savings 
to this form of fraud.
  In short, elder abuse and exploitation is a serious problem, and it 
demands a strong response. It requires all of us to work together in a 
collaborative way.
  So, today I am proud to introduce the Elder Abuse Prevention and 
Prosecution Act. I thank my colleagues--Senators Blumenthal, Cornyn, 
Klobuchar, Rubio, and Bennet for collaborating with me on this 
comprehensive bill's development and joining as original cosponsors. It 
takes a multi-pronged, bipartisan approach to combating the abuse and 
financial exploitation of our nation's senior citizens.
  We've heard a need for specialized prosecutors and more focused 
efforts to combat abuse and exploitation. That is why the bill directs 
the Attorney General to designate at least one federal prosecutor in 
each U.S. Attorney's Office to serve as an Elder Justice Coordinator 
for that district.
  To ensure that elder abuse is a priority for the Federal Trade 
Commission and the Justice Department, the bill also calls for each 
agency to have an Elder Justice Coordinator.
  We also need to send a strong message that efforts to target our 
Nation's seniors won't be tolerated. That is why the bill enhances 
elder victims' access to restitution and increases penalties for 
criminals who use telemarketing or email in their schemes to defraud 
seniors.
  The bill also requires that the Justice Department partner with the 
Department of Health and Human Services to provide training and 
technical assistance to State and local governments on the 
investigation, prevention, prosecution, and mitigation of elder abuse 
and neglect.
  Finally we have heard about the need for more data on financial 
exploitation and the government's response. Gathering accurate 
information about elder abuse is not only crucial to understanding the 
scope of the problem, but it is also essential in determining where 
resources should be allocated. So, the bill helps to accomplish that. 
It requires that data be collected from federal prosecutors and law 
enforcement in cases where an older American was the target of abuse or 
exploitation.
  These and other reforms included in the bill are the product of 
bipartisan discussion, as well as insight from key stakeholders and 
those who've been battling on the front lines.
  This 21st century crime requires a 21st century response. The Elder 
Abuse Prevention and Prosecution Act takes a strong step toward 
protecting our Nation's seniors, and I urge my colleagues to support 
this bill.
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