[Congressional Record Volume 164, Number 169 (Thursday, October 11, 2018)]
[Senate]
[Pages S6818-S6821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. COLLINS (for herself, Mrs. McCaskill, and Ms. Klobuchar):
  S. 3594. A bill to provide for the issuance of a Stamp Out Elder 
Abuse Semipostal Stamp; to the Committee on Homeland Security and 
Governmental Affairs.
  Ms. COLLINS. Mr. President. Along with my colleague and friend, 
Senator Claire McCaskill, I am introducing the Stamp Out Elder Abuse 
Act of 2018, a bill that seeks to help combat the abuse and financial 
exploitation of our nation's seniors. Our bill would create a 
semipostal, or fundraising, stamp that would allow Postal Service 
customers to make a voluntary contribution to help raise awareness and 
combat elder abuse with a stamp purchase. The proceeds from this stamp 
would go to the Department of Health and Human Service's (HHS) 
Administration on Community Living (ACL) and the Department of Justice 
(DOJ). This additional funding for the ACL would be used to further 
support the development and advancement of emerging practices to 
prevent and respond to the abuse of older adults. Funding for the DOJ 
would go toward improving prosecution, data collection, litigation 
support, and prevention of elder abuse initiatives. Notably, this bill 
would help to provide needed additional revenue to tackle elder abuse 
without costing the federal government a single penny.
  Abuse can happen to anyone--no matter the person's age, gender, race, 
religion, or ethnic or cultural background. Each year, hundreds of 
thousands of adults over the age of 60 are abused, neglected, or 
financially exploited. Abuse can happen in many places, including a 
person's home, a family member's house, an assisted living facility, or 
a nursing home. Just as abuse can occur in various settings, there are 
many types of elder abuse, including physical abuse, emotional abuse, 
sexual abuse, neglect, abandonment, and financial exploitation. 
Although there are different types of

[[Page S6819]]

abuse, it is common for a victim to experience more than one type of 
mistreatment.
  According to the National Council on Aging, approximately one in ten 
Americans aged 60 years old or older have experienced some form of 
elder abuse, and according to the GAO, financial fraud targeting older 
Americans is a growing epidemic that costs seniors an estimated $2.9 
billion annually. We know, however, that the true number is probably 
much higher since many of these cases are never reported because the 
victim is too often ashamed to report abuse, particularly when it 
involves a family member. As a consequence, the true incidence of abuse 
is not known. In fact, the National Center on Elder Abuse reports that 
only one in 14 cases are reported to the authorities.
  In my home State of Maine--the State with the oldest population by 
median age--an estimated 33,000 seniors each year are the victims of 
some kind of abuse or financial fraud. Moreover, in as many as 90 
percent of financial cases, the senior is victimized by someone he or 
she knows well. In a 2017 report of financial exploitation of Maine's 
older adults, in most cases financial exploitation is perpetrated by a 
family members and for those perpetrators who were family members, the 
majority were the victim's child.
  In a recent case in Maine, police charged a pastor in York County, 
Maine, with exploiting an incapacitated elderly woman. They say the man 
befriended the woman while he was volunteering at the assisted-living 
community where she lived. According to police, the State determined 
the woman to be incapacitated and assigned her a guardian and 
conservator. The pastor allegedly took the woman to her bank, withdrew 
money to have the locks changed on her former home, which had been on 
the market, and he took down the ``for sale'' sign.
  Police say the pastor told the woman he would help her return to her 
house, even though it was not equipped for the wheelchair access she 
required. He suggested his daughter could live with the woman to care 
for her. Police say his goal was to ingratiate himself and have access 
to this woman's financial accounts and property. Fortunately, in this 
case, the conservator, who was legally responsible for protecting the 
woman's assets, identified and reported the suspected criminal activity 
to the police.
  Combatting elder abuse of seniors is primarily the responsibility of 
state and local agencies, particularly Adult Protective Services 
agencies. Prevention and response to cases of abuse require coordinated 
efforts, including state and local agencies, law enforcement, the 
social work and medical community, and financial institutions.
  The Federal government also plays an important role in providing 
leadership to combat this problem. The Elder Justice Coordinating 
Council, which is led by HHS and DOJ, has brought other federal 
agencies to the table to coordinate efforts to protect older 
individuals from abuse. In January, the DOJ took another step forward 
by directing all 94 U.S. Attorneys' offices to each designate an elder 
justice coordinator, who will develop strategies to protect seniors in 
their districts. This will promote greater cooperation between the DOJ 
and its law enforcement partners. While the best way to intervene in 
the problem of elder abuse is to prevent it from happening in the first 
place, when abuse does occur, it is crucial that the perpetrators of 
the crimes not go unpunished.
  I worked closely on the Stamp Out Elder Abuse Act of 2018 with Philip 
C. Marshall, founder of Beyond Brooke, a cause-based campaign named to 
honor Philip's late grandmother, Brooke Astor, who was a well-known 
philanthropist, recipient of the Presidential Medal of Freedom, and a 
victim of elder abuse and elder financial exploitation. In 2015, Mr. 
Marshall testified before the Senate Aging Committee about how his 
father mistreated his grandmother and mismanaged her assets while she 
suffered from Alzheimer's disease. In addition, I am pleased that the 
nonpartisan Elder Justice Coalition, which represents more than 3,000 
members, along with the National Center for Victims of Crime, the 
National Sheriff's Association, and the National Association on Area 
Agencies on Aging support the bill.
  Preventing and combating elder abuse require law enforcement and 
social service agencies at all levels of government to work 
collaboratively with the private sector. The Stamp Out Elder Abuse Act 
would assist the Federal government's role to help make that happen. I 
urge my colleagues to support this bill.
  Mr. President--I ask that letters from these organizations appear in 
the Record immediately following my remarks.
  There being no objection so ordered.
                                  ____



                               National Sheriffs' Association,

                                 Alexandria, VA, October 10, 2018.
     Hon. Susan Collins,
     U.S. Senate,
     Washington, DC.
       Dear Senator Collins: On behalf of the National Sheriffs' 
     Association (NSA) and the more than 3,000 elected sheriffs 
     nationwide, I write to endorse the Stamp Out Elder Abuse Act 
     of 2018 proposed by yourself and cosponsored by Senator 
     Claire McCaskill. This Act initiates a semi postal stamp that 
     not only raises elder abuse awareness, but also dedicates the 
     proceeds to elder justice programs within DOJ and HHS.
       As you may know, the NSA was one of the founding groups in 
     the National Association of Triads, Inc. National Triads 
     serves as a clearinghouse of information, best practices and 
     early alert system for local Triads. Triad is a national 
     community policing concept that partners law enforcement 
     agencies with older adult volunteer groups and older adult 
     related community services to educate older adults on crime 
     and fraud, to reduce crime against the elderly, and eliminate 
     the unwarranted fear of crime.
       After twenty-two years in existence, there are Triads in 
     more than 680 counties in 36 states. Triad serves 16 million 
     seniors nationwide--nearly half of America's senior 
     population. The National Sheriffs' Association and local 
     sheriffs have long recognized the need to ensure the safety 
     and quality of life for the growing number of senior citizens 
     by supporting the formation of community partnerships under 
     the auspice of Triad. Triad has a clear vision and a simple 
     mission--to keep seniors safe from crime.
       The Stamp Out Elder Abuse Act of 2018 makes a clear effort 
     to increase awareness and support for the elderly community. 
     We applaud your efforts to support prevention and education, 
     investigation and prosecution, and victims' services in an 
     effort in combat elder abuse.
           Sincerely,
                                             Jonathan F. Thompson,
     Executive Director and CEO.
                                  ____

         The Elder Justice Coalition, A National Advocacy Voice 
           for Elder Justice in America,
                               Washington, DC, September 25, 2018.
     Hon. Susan Collins,
     Chairman, Special Committee on Aging, U.S. Senate, 
         Washington, DC.
       Dear Chairman Collins: As the National Coordinator of the 
     nonpartisan Elder Justice Coalition which represents more 
     than 3,000 members, I write to congratulate you on the 
     introduction of the Stamp Out Elder Abuse Act of 2018, which 
     will create a semi-postal stamp to provide additional funding 
     to the federal government for programs to address elder 
     abuse, neglect, and exploitation. The EJC is proud to have 
     worked closely on this legislation with you and Philip C. 
     Marshall, founder of Beyond Brooke, a cause-based campaign 
     named to honor Philip's late grandmother, Brooke Astor, who 
     was a well-known philanthropist, recipient of the 
     Presidential Medal of Freedom, and a victim of elder abuse 
     and elder financial exploitation.
       We are pleased that the bill will direct the United States 
     Postal Service to develop the semi-postal stamp and use the 
     proceeds from its sales to provide funding to augment the 
     elder justice initiatives at both the Administration on Aging 
     in the Department of Health and Human Services and at the 
     Department of Justice. These programs include prevention, 
     education, data collection, services to protect and support 
     victims, and demonstration projects, in addition to 
     initiatives to investigate and prosecute perpetrators of 
     elder abuse and financial exploitation. Further, the 
     departments will be able to use their resources to support 
     dissemination of the stamp.
       Thank you again for your leadership on this and other elder 
     justice issues. Please let us know if we can be of assistance 
     in securing passage of the Stamp Out Elder Abuse Act of 2018.
           Sincerely,
                                               Robert B. Blancato,
     National Coordinator.
                                  ____

                                           The National Center for


                                             Victims of Crime,

                                  Washington, DC, October 2, 2018.
     Hon. Susan Collins,
     Chairman, Special Committee on Aging, U.S. Senate, 
         Washington, DC.
       Dear Chairman Collins: As the Executive Director of the 
     National Center for Victims of Crime which advocates for 
     stronger rights, protections, and services for all crime 
     victims and the advocates who serve them, I write to 
     congratulate you on the introduction of the Stamp Out Elder 
     Abuse Act of 2018, which will create a semi-postal stamp to 
     provide additional funding to the federal government for 
     programs to address elder abuse, neglect, and exploitation.

[[Page S6820]]

       We are pleased that the bill will direct the United States 
     Postal Service to develop the semi-postal stamp and use the 
     proceeds from its sales to provide funding to augment the 
     elder justice initiatives at both the Administration on Aging 
     in the Department of Health and Human Services and at the 
     Department of Justice. These programs include prevention, 
     education, data collection, services to protect and support 
     victims, and demonstration projects, in addition to 
     initiatives to investigate and prosecute perpetrators of 
     elder abuse and financial exploitation. Further, the 
     departments will be able to use their resources to support 
     dissemination of the stamp.
       Thank you again for your leadership on this and other elder 
     justice issues. Please let us know if we can be of assistance 
     in securing passage of the Stamp Out Elder Abuse Act of 2018.
           Sincerely,
                                                    Mai Fernandez,
                                               Executive Director.
                                 ______
                                 
      By Mr. CORNYN:
  S. 3598. A bill to limit private antitrust damages against 
occupational licensing boards, to promote beneficial reforms of State 
occupational licensing, and for other purposes; to the Committee on the 
Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3598

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Occupational Licensing Board 
     Antitrust Damages Relief and Reform Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Certification.--The term ``certification'' means a 
     voluntary program under which--
       (A) a private organization (in the case of private 
     certification) or the government of a State (in the case of 
     government certification) authorizes an individual who meets 
     certain personal qualifications to use ``certified'' as a 
     designated title with respect to the performance of a lawful 
     occupation; and
       (B) a noncertified individual may perform the lawful 
     occupation for compensation but may not use the title 
     ``certified''.
       (2) Member, officer, employee, or agent.--The term 
     ``member, officer, employee, or agent'', with respect to an 
     occupational licensing board, means an individual appointed 
     by, to, or employed by the occupational licensing board.
       (3) Occupational license.--The term ``occupational 
     license'' means a nontransferable authorization under law for 
     an individual to perform a lawful occupation for compensation 
     based on meeting personal qualifications established by the 
     State government.
       (4) Occupational licensing board.--The term ``occupational 
     licensing board'' or ``board'' means an entity established 
     under State law--
       (A) the express purpose of which is to regulate the 
     personal qualifications required to engage in or practice a 
     particular lawful occupation; and
       (B) that has authority conferred by State law to interpret 
     or enforce the occupational regulations of the State.
       (5) Occupational regulation.--The term ``occupational 
     regulation''--
       (A) means a statute, rule, regulation, practice, policy, or 
     law that sets educational, examination, training and/or 
     experience requirements to authorize an individual to work in 
     a lawful occupation;
       (B) includes any statute, rule, regulation, practice, 
     policy, or law requiring certification or an occupational 
     license; and
       (C) does not include a business license, facility license, 
     building permit, or zoning and land use regulation except to 
     the extent that such a requirement or restriction 
     substantially burdens an individual's ability to work in a 
     lawful occupation.
       (6) Widely regulated occupation.--The term ``widely 
     regulated occupation'' means an occupation in which forty 
     (40) or more States require an occupational license to engage 
     in such occupation.
       (7) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and any territory or 
     possession of the United States.

     SEC. 3. PRIVATE ANTITRUST DAMAGES.

       (a) In General.--No damages, or interest on damages, may be 
     recovered under section 4, 4A or 4C of the Clayton Act (15 
     U.S.C. 15, 15a, or 15c) by any person, except for any State, 
     instrumentality of a State, or employee of a State or 
     instrumentality of a State acting in his or her official 
     capacity, from an occupational licensing board, or any 
     member, officer, employee, or agent of a board, acting in 
     their official capacity, if--
       (1) the State--
       (A) has enacted a law requiring an occupational license to 
     practice the lawful occupation regulated by the occupational 
     licensing board;
       (B) has set forth criteria outlining any personal 
     qualifications necessary to obtain an occupational license 
     and has required that licensees adhere to standards of 
     practice and ethical standards in the performance of 
     regulated lawful occupations; and
       (C) has found that--
       (i) the public needs, and can be reasonably expected to 
     benefit from, occupational licensing of the lawful 
     occupation; and
       (ii) the unlicensed conduct of the lawful occupation would 
     harm or endanger the health, safety, or welfare of the 
     public;
       (2) an occupation licensed by an occupational licensing 
     board--
       (A) is a widely regulated occupation; or
       (B)(i) is not a widely regulated occupation and the State 
     has implemented a periodic sunset review process of the 
     occupational licensing board with regard to that occupation; 
     and (ii) if previously unregulated by the State, the State 
     has implemented a sunrise review process of the occupational 
     licensing board with regard to its regulation of that newly-
     licensed occupation;
       (3) the chief executive, legislature, or other elected 
     officer of the State--
       (A) has appointed all members of the occupational licensing 
     board; and
       (B) has required public representation on the occupational 
     licensing board; and
       (4) the State or the occupational licensing board has 
     established a mechanism under which any person aggrieved by 
     an action of the occupational licensing board has the right 
     to--
       (A) contest such action at a hearing before the 
     occupational licensing board at which the individual may 
     provide evidence, argument, and analysis;
       (B) review, at a reasonable time before the hearing, all 
     evidence that the occupational licensing board has gathered 
     relating to the contested action;
       (C) receive a final reasoned decision in writing from the 
     occupational licensing board within a reasonable period after 
     the hearing; and
       (D) appeal an adverse decision of the occupational 
     licensing board to an independent adjudicator, including 
     judicial review.
       (b) Applicability.--This section shall not apply to any 
     case commenced before the date of enactment of this Act, 
     unless it would be inequitable not to apply this section to a 
     pending action.
       (c) Rule of Construction.--Nothing in this Act shall be 
     construed to modify or impair the applicability or 
     availability of--
       (1) relief pursuant to section 4A or 4C of the Clayton Act 
     (15 U.S.C. 15a, 15c);
       (2) injunctive relief pursuant to section 16 of the Clayton 
     Act (15 U.S.C. 26);
       (3) equitable monetary or injunctive relief pursuant to 
     section 13(b) of the Federal Trade Commission Act (15 U.S.C. 
     53(b)); or
       (4) the ability of any person to recover the cost of the 
     suit, including a reasonable attorney's fee, under section 4 
     of the Clayton Act (15 U.S.C. 15).
       (d) Savings Clause.--The immunity from damages, or interest 
     on damages, that is provided to members, officers, employees, 
     or agents of an occupational licensing board of a State under 
     subsection (a) shall not apply to any action unrelated to 
     their official capacity, such as implementing rules governing 
     minimum prices or fees.

     SEC. 4. STATE LICENSING STUDIES TO BE CONDUCTED.

       Not later than 120 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to Congress a report on--
       (1) how States can best address occupational licensing 
     reform, particularly for those occupations that are not 
     directly related to protecting the health, safety, or welfare 
     of the public, including recommendations on how States can 
     weigh the costs and benefits of occupational licensing 
     against those of less restrictive alternatives, such as 
     certification and other approaches;
       (2) how States can conduct comprehensive cost-benefit 
     assessments of occupational regulations and occupational 
     licensing boards through sunrise reviews and periodic sunset 
     reviews;
       (3) how States can implement policies to support 
     occupational licensing uniformity and occupational license 
     portability, including streamlined licensing portability 
     programs for veterans and military service members and 
     spouses; and
       (4) how occupational licensing requirements affect low-
     income workers, the unemployed, immigrants with work 
     authorizations, and individuals with criminal records.

     SEC. 5. RULE OF CONSTRUCTION.

       Except as provided in section 3, nothing in this Act shall 
     be construed to modify or impair the applicability or the 
     enforcement of the antitrust laws, as defined in the first 
     section of the Clayton Act (15 U.S.C. 12).
                                 ______
                                 
      By Mr. WYDEN:
  S. 3605. A bill to support wildlife conservation, improve anti-
trafficking enforcement, provide dedicated funding for wildlife 
conservation at no expense to taxpayers, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. WYDEN. Mr. President, today I am introducing the Wildlife 
Conservation and Anti-Trafficking Act which will work to protect 
threatened or endangered species, reduce human rights violations, and 
limit the illegal operations of international criminal organizations.

[[Page S6821]]

  This bill is a bipartisan and bicameral effort, sponsored in the 
House of Representatives by Representative Madeleine Bordallo and 
Representative Don Young, and I look forward to growing its support in 
the Senate.
  Conservation violations and wildlife trafficking offenses are a 
global problem threatening biodiversity and animal welfare and 
facilitating significant criminal operations. Tackling this broad 
problem is complicated and compounded by insufficient penalties for 
offenders and the difficulty of maintaining U.S.-oversight on the 
global level.
  This bill proposes to address these concerns by criminalizing 
elements of wildlife-trafficking operations under Federal racketeering 
and organized crime statutes. Classifying wildlife-trafficking crimes 
as ``predicate offenses'' under the Money Laundering Statute, Travel 
Act and the Racketeer Influenced and Corrupt Organizations Act enables 
prosecutors to administer substantial fines and prison-time for 
violations.
  The bill recognizes the value of whistleblowers' information to 
direct investigations into wildlife-trafficking violations. It 
establishes a procedure to secure valuable, useful information from 
informants and provide sufficient compensation for the risks these 
individuals make to blow the whistle on illegal operations. To do so, 
the bill redirects penalty payments from wildlife-trafficking 
violations to fund whistleblower compensation programs. Monetary 
rewards to wildlife-crime whistleblowers come from partial share of 
penalty paid to the U.S. Government, providing no additional expense to 
American taxpayers.
  The bill empowers Federal wildlife agents to operate abroad and 
provides them with direction to collaborate with local authorities. It 
instructs the Secretary of the Interior to adopt an International 
Wildlife Conservation Program consisting of four components: a regional 
component providing for protection of natural range habitats; a species 
component focusing conservation on most vulnerable species; an anti-
trafficking component to curtail demand and limit poaching; and a 
convention component to implement the Convention on International Trade 
in the Endangered Species of Wild Flora and Fauna, CITES.
  The legislation seeks to expand the Marine Turtle Act of 2004 by 
extending the legislation's coverage to include U.S. territories, and 
increasing the Act's scope to cover marine and freshwater turtles as 
well as tortoises.
  Additionally, the bill proposes to strengthen the Marine Mammal 
Protection Act of 1972 and the Shark-Finning Measure under the 
Magnuson-Stevens Act by establishing that fines associated with 
violating these acts are to be used to benefit the same species that 
were affected.
  Of particular concern to fishermen and women up and down the coasts, 
the bill addresses illegal, unreported, and unregulated fishing 
violations by considering serious abuses as violations of Federal money 
laundering laws and therefore subjecting violators to substantial 
penalties.
  Protecting wildlife requires a unified and strategic approach to end 
poaching worldwide. Congress must aggressively counter the relentless 
activities of poachers, traffickers, and transnational criminal 
organizations. The Wildlife Conservation and Anti-Trafficking Act is a 
strong response to crimes against wildlife; it will provide the 
necessary tools to curtail these illicit activities.

                          ____________________