[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5160-H5163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       PROMOTING ALZHEIMER'S AWARENESS TO PREVENT ELDER ABUSE ACT

  Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 6813) to amend the Elder Abuse Prevention and Prosecution Act to 
improve the prevention of elder abuse and exploitation of individuals 
with Alzheimer's disease and related dementias.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6813

       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 ``Promoting Alzheimer's 
     Awareness to Prevent Elder Abuse Act''.

     SEC. 2. ADDRESSING ALZHEIMER'S DISEASE IN BEST PRACTICES.

       (a) In General.--Section 101(b) of the Elder Abuse 
     Prevention and Prosecution Act (34 U.S.C. 21711(b)) is 
     amended--
       (1) by redesignating subparagraphs (A), (B), and (C) of 
     paragraph (2) as clauses (i), (ii), and (iii), respectively, 
     and adjusting the margin accordingly;
       (2) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively, and adjusting 
     the margin accordingly;
       (3) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than'';
       (4) in paragraph (1)(B), as so redesignated--
       (A) in clause (ii), by inserting ``, including witnesses 
     who have Alzheimer's disease and related dementias'' after 
     ``other legal issues''; and
       (B) in clause (iii), by striking ``elder abuse cases,'' and 
     inserting ``elder abuse cases (including victims and 
     witnesses who have Alzheimer's disease and related 
     dementias),''; and
       (5) by adding at the end the following:
       ``(2) Training materials.--
       ``(A) In general.--In creating or compiling replication 
     guides and training materials under paragraph (1)(B), the 
     Elder Justice Coordinator shall consult with the Secretary of 
     Health and Human Services, State, local, and Tribal adult 
     protective services, aging,

[[Page H5161]]

     social, and human services agencies, Federal, State, local, 
     and Tribal law enforcement agencies, and nationally 
     recognized nonprofit associations with relevant expertise, as 
     appropriate.
       ``(B) Updating.--The Elder Justice Coordinator shall--
       ``(i) review the best practices identified and replication 
     guides and training materials created or compiled under 
     paragraph (1)(B) to determine if the replication guides or 
     training materials require updating; and
       ``(ii) perform any necessary updating of the replication 
     guides or training materials.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply on and after the date that is 1 year after the 
     date of enactment of this Act.

     SEC. 3. REPORT ON OUTREACH.

       (a) In General.--Section 101(c)(2) of the Elder Abuse 
     Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is 
     amended--
       (1) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and adjusting the 
     margin accordingly;
       (2) by striking ``a report detailing'' and inserting the 
     following: ``a report--
       ``(A) detailing''; and
       (3) by adding at the end the following:
       ``(B) with respect to the report by the Attorney General, 
     including a link to the publicly available best practices 
     identified under subsection (b)(1)(B) and the replication 
     guides and training materials created or compiled under such 
     subsection.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to the report under section 
     101(c)(2) of the Elder Abuse Prevention and Prosecution Act 
     (34 U.S.C. 21711(c)(2)) submitted during the second year 
     beginning after the date of enactment of this Act, and each 
     year thereafter.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Bass) and the gentleman from Pennsylvania (Mr. 
Reschenthaler) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 6813, the Promoting 
Alzheimer's Awareness to Prevent Elder Abuse Act. This bill requires 
the Justice Department's training materials to address treating, 
protecting, and caring for people living with Alzheimer's and related 
dementias.
  More than 5 million Americans are currently living with Alzheimer's 
or dementia. One study estimates that over 50 percent of these 
individuals may experience some type of elder abuse. Neglect is the 
most often reported type of abuse, followed by financial exploitation.
  Building upon the Elder Abuse Prevention and Prosecution Act of 2017, 
H.R. 6813 addresses the need for better training of law enforcement 
officers, first responders, social workers, prosecutors, and judges. 
This legislation would strengthen the best practices and training 
materials available to medical professionals and financial services 
personnel who interact with this special population.
  Significantly, the bill would also establish a new requirement to 
address situations in which individuals living with Alzheimer's or 
dementia may be involved in a criminal case as a victim or a witness.
  In addition, the bill requires greater collaboration and consultation 
between government agencies at the Federal, State, and local levels, as 
well as with nationally recognized nonprofit associations with relevant 
expertise.
  According to one recent report, deaths attributed to Alzheimer's 
disease and dementia rose to more than 20 percent above normal this 
summer. In June alone, there were more than 61,000 dementia-related 
deaths, 10,000 more than the same period last year. Increased 
isolation, stress, and staff shortages at nursing homes are all likely 
contributing factors to the higher-than-normal death toll.
  Our seniors living in long-term care facilities are particularly 
vulnerable and isolated given current physical distancing measures that 
limit contact with family members and other visits. Most of these 
residents have some form of cognitive impairment and are at an even 
greater risk of mistreatment or exploitation. This legislation would 
expand the quality and scope of dementia-specific training materials, 
leading to improved practices and processes to combat elder abuse and 
exploitation.
  As this public health crisis continues, our senior citizens face even 
greater risk. This legislation addresses an important and timely need 
for this uniquely vulnerable population.
  I thank Representative Deutch for introducing this legislation that 
has strong bipartisan support and for his leadership in expanding 
protections for our vulnerable citizens living with Alzheimer's and 
dementia.
  Mr. Speaker, I ask my colleagues to join me in supporting this 
important bill, and I reserve the balance of my time.
  Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am glad that today the House is considering the 
Promoting Alzheimer's Awareness to Prevent Elder Abuse Act, which I 
introduced with fellow Judiciary Committee member Representative Ted 
Deutch.
  Elder abuse, which includes financial fraud, physical abuse, and 
neglect affects at least 10 percent of senior citizens each year. 
Seniors living with Alzheimer's and other forms of dementia are 
especially vulnerable to elder abuse.
  It is estimated that up to 50 percent of these individuals fall prey 
to fraud, exploitation, and other harm. Often seniors suffering from 
these conditions have a harder time communicating with first responders 
and other professionals, which, in turn, makes it harder to provide 
help.
  H.R. 6813 will help Americans struggling with Alzheimer's and 
dementia by equipping first responders and caregivers with essential 
tools to prevent and respond to incidents of elder abuse. Specifically, 
this legislation directs the Department of Justice to develop best 
practices for assisting professionals, including law enforcement, 
emergency personnel, and medical professionals who encounter and 
support people living with Alzheimer's and other forms of dementia.

  I continue to hear from seniors in southwestern Pennsylvania about 
the strain COVID-19 has placed on their lives and the prevalence of 
virus-related scams. I hope this bill will alleviate some of those 
burdens.
  Again, I thank my colleague, Representative Ted Deutch, for working 
with me to help stop elder abuse and to protect our Nation's seniors. I 
urge my colleagues to support this legislation.
  I reserve the balance of my time, Mr. Speaker.
  Ms. BASS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Florida (Mr. Deutch).
  Mr. DEUTCH. Mr. Speaker, I thank my friend from California for 
yielding.
  I stand in strong support of H.R. 6813, the Promoting Alzheimer's 
Awareness to Prevent Elder Abuse Act. This bill is as simple as it is 
bipartisan.
  Too many of the folks who are charged with protecting older Americans 
don't have the specialized knowledge and training needed to assist 
people with Alzheimer's and other forms of dementia. This knowledge gap 
will be a growing problem as our Nation's population continues to age.
  In 2019, there were about 5.8 million people in the United States who 
were living with Alzheimer's. By 2050, the population is estimated to 
grow to close to 14 million people. And while not all of those with 
dementia are seniors, 81 percent of people living with Alzheimer's in 
the United States are 75 years of age or older.
  People living with Alzheimer's and other forms of dementia are 
especially vulnerable to the ongoing coronavirus pandemic, and they are 
frequent targets for fraud and other scams. This means more 
interactions between people with Alzheimer's and first responders, 
adult protective services, the courts, and others in the community.
  Families and other caregivers know the challenges of dementia. These 
diseases steal so much from their loved ones, but caregivers step up 
every day to help people with dementia stay safe and stay healthy. 
Unfortunately, the strategies and caregiving practices that they use 
aren't known by others who are charged with preventing elder abuse and 
fraud.

[[Page H5162]]

  


                              {time}  1445

  This bill will close that gap in knowledge.
  The bipartisan Promoting Alzheimer's Awareness to Prevent Elder Abuse 
Act will ensure that first responders, court officers, and other social 
services personnel have access to the best practices and necessary 
training to assist people with Alzheimer's.
  This bill will bring everyone together--the Department of Justice; 
Department of Health and Human Services; State, local, and Tribal adult 
protective services; law enforcement, aging, social, and human services 
agencies; and nonprofit associations--to develop best practices and 
training materials to get everyone on the same page to help.
  By ensuring that everyone knows how to support people with 
Alzheimer's, we can better protect against fraud and abuse.
  Mr. Speaker, I thank my colleague from Pennsylvania, Congressman 
Reschenthaler, for his strong work and strong support of this bill. We 
have built a strong, bipartisan coalition that supports this 
legislation.
  Mr. Speaker, I also want to extend appreciation to the Alzheimer's 
Association for their expertise and for their advocacy. They have done 
so much to support people with Alzheimer's and their caregivers. This 
bill will put Federal Government support behind their important work. 
It will help to support people with Alzheimer's and other forms of 
dementia. It will help their caregivers who look out for this 
vulnerable population.
  Mr. Speaker, I strongly urge passage of this bill.
  Mr. RESCHENTHALER. Mr. Speaker, I reserve the balance of my time.
  Ms. BASS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from California 
(Ms. Bass) for yielding me the time.
  I hope my time has not started running. We are trying to be COVID-19 
safe.
  Mr. Speaker, let me thank the sponsor of this bill, Mr. Deutch, and 
his bipartisan cosponsors, and indicate my strong support for H.R. 
6813, Promoting Alzheimer's Awareness to Prevent Elder Abuse, and to 
let him know that this is something that I think is enormously 
important and is seen throughout our districts.
  As I talk about this legislation, however, let me say what a pleasure 
it was for me to do a video to celebrate our virtual walk right in 
Houston, Texas, 2020 Walk to End Alzheimer's, where thousands will be 
walking in their front yards, they will be walking in backyards, they 
will be walking on trails, they will be walking in parks. They will be 
committed to ending Alzheimer's through the Houston Alzheimer's 
Association and the region.
  Mr. Speaker, I want to thank them for their great leadership. I have 
joined them every year at the University of Houston. These are 
committed and dedicated caretakers and others who want to make sure 
that they keep seniors safe.
  This bipartisan legislation strengthens the Elder Abuse Prevention 
and Prosecution Act passed by Congress in 2017 by providing for better 
collection and use of data on elder abuse and requiring the Department 
of Justice's Elder Justice coordinator to develop best practices and 
training materials for professionals treating, protecting, and caring 
for people living with Alzheimer's and related dementia.
  This is an important initiative with a companion bill.
  According to the National Council on Aging, seniors who have been 
abused have a 300 percent higher risk of death when compared to those 
who have not been mistreated. Combine that with COVID-19 and caretakers 
getting COVID-19 and sometimes strange persons coming in to take care 
of your loved one. This is an important initiative.
  During the current pandemic, the health and safety of people living 
with Alzheimer's and other forms of dementia are at an even greater 
risk. Approximately 7 out of 10 residents in long-term facilities have 
some form of cognitive impairment, with 29 percent having mild 
impairment, 23 percent moderate impairment, and 19 percent severe 
impairment.
  We know when the misguided recommendations came from the Federal 
Government that it was only elders that got COVID-19, we understood 
that, of course, that was not true, but we know COVID-19 was in nursing 
homes.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Ms. BASS. Mr. Speaker, I yield an additional 15 seconds to the 
gentlewoman from Texas.
  Ms. JACKSON LEE. Mr. Speaker, so this is, of course, a very important 
initiative for helping to safeguard our elder population.
  But more importantly, I want to say that we need to end Alzheimer's, 
or dementia, as we know it, and I join my colleagues in supporting this 
very important legislation.
  I know Mr. Deutch's commitment to fighting Alzheimer's, ending it in 
our lifetime, providing a cure, and also to end elder abuse.
  Mr. Speaker, I ask everyone to support H.R. 6813.
  Mr. Speaker, as a senior member of the Committee on the Judiciary and 
as a cosponsor, I rise in strong support of H.R. 6813, the ``Promoting 
Alzheimer's Awareness to Prevent Elder Abuse Act,'' introduced by 
Congressman Deutch of Florida.
  This bipartisan legislation strengthens the Elder Abuse Prevention 
and Prosecution Act passed by Congress in 2017, by providing for better 
collection and use of data on elder abuse and requiring the Department 
of Justice's Elder Justice Coordinator to develop best practices and 
training materials for professionals treating, protecting, and caring 
for people living with Alzheimer's and related dementias.
  Companion legislation (S. 3703) passed the Senate on August 6, 2020.
  Mr. Speaker, according to the National Council on Aging, seniors who 
have been abused have a 300 percent higher risk of death when compared 
to those who have not been mistreated.
  During the current pandemic, the health and safety of people living 
with Alzheimer's and other forms of dementia are at even greater risk.
  Approximately seven out of ten residents in long-term care facilities 
have some form of cognitive impairment, with 29 percent having mild 
impairment, 23 percent moderate impairment, and 19 percent severe 
impairment.
  According to one study, over 50 percent of nursing home staff 
admitted to mistreating (e.g. physical violence, mental abuse, neglect) 
older patients within the prior year.
  With current social isolation measures limiting contact with family 
members and other visitors, these individuals are at even greater risk 
of abuse and exploitation.
  Several federal agencies currently collect elder abuse data on an 
ongoing basis. Two distinct data sets include the National Adult 
Mistreatment Report System (NAMRS) (which collects state-level adult 
protective services data) and the Financial Crimes Enforcement Network 
(FinCEN) (which collects data on suspected elder financial exploitation 
submitted by financial institutions).
  Although many cases may go unreported, the National Adult 
Mistreatment Report System (NAMRS) (which collects state-level adult 
protective services data) reflects data on elder abuse cases reported 
to state and local authorities.
  Based on the most currently reported data, neglect comprised the 
highest percentage across types of elder abuse, followed by financial 
exploitation.
  Financial exploitation causes large economic losses for elders, 
families, businesses, and government programs, and one of the key 
factors that makes the elderly more susceptible to financial 
exploitation is cognitive decline.
  According to data collected by the Financial Crimes Enforcement 
Network (FinCEN), financial exploitation lasts longer than average in 
cases where the targeted person has a diminished cognitive capacity.
  Such person are particularly vulnerable to scams as their condition 
makes it more difficult for them to communicate the crimes to law 
enforcement or to seek critical assistance from first responders or 
other social services personnel.
  People living with Alzheimer's or dementia often have difficulty 
understanding or explaining situations; and their behaviors may be 
misunderstood as uncooperative, disruptive or combative.
  The Elder Abuse Prevention and Prosecution Act required the Justice 
Department to create training materials to help criminal justice, 
health care, and social services personnel assess and respond to elder 
abuse cases.
  Under the Act, the Elder Justice Coordinator is responsible for 
evaluating training models to determine best practices and creating or 
compiling and making publicly available replication guides and training 
materials for law enforcement officers, first responders, social 
workers,

[[Page H5163]]

prosecutors, judges, individuals working in victim services, adult 
protective services, medical personnel, mental health personnel, 
financial services personnel, and any other individuals that encounter 
and support people living with Alzheimer's and other types of dementia.
  The legislation before us builds upon existing requirements for 
training materials by requiring the Elder Justice Coordinator to engage 
in greater consultation with relevant entities and stakeholders.
  H.R. 6813 would also require further training materials relating to 
victims and witnesses who have Alzheimer's disease and related 
dementias.
  One study determined that a significant subset of individuals with 
dementia illnesses could reliably report on emotional events and were 
even able to report details of the event accurately and to recall the 
same event with the same accuracy after a short time delay.
  Crime victims with dementia should be evaluated for their ability to 
remember emotional events in order to determine whether they can 
provide testimony about the criminal events.
  This legislation would require the Elder Justice Coordinator to 
develop specific training materials for these types of cases.
  The bill also aligns with the latest recommendations from the 
National Plan to Address Alzheimer's Disease, which includes 
disseminating information on abuse of this vulnerable population and 
educating law enforcement about interacting with these individuals.
  Mr. Speaker, dementia-specific training materials will improve the 
quality of professionals' interactions with individuals living with 
Alzheimer's and other dementia, and will also help protect them from 
elder abuse and exploitation.
  Mr. Speaker, in this time when the nation is being ravaged by the 
coronavirus pandemic, greater dissemination of best practices and 
improved training materials will help first responders, law 
enforcement, medical professionals and other individuals effectively 
interact with people living with Alzheimer's and other dementia who are 
targeted by fraud and in need.
  I strongly support this legislation and urge all Members to join me 
in voting for its passage.
  Mr. RESCHENTHALER. Mr. Speaker, in closing, I just wanted to again 
reiterate what an honor it was to work with my friend and colleague, 
Representative Ted Deutch, on this important piece of legislation.
  Mr. Speaker, I once again urge my colleagues to vote ``yes'' on H.R. 
6813, and I yield back the balance of my time.
  Ms. BASS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this issue touches millions of families across America 
who have a loved one living with Alzheimer's or dementia.
  For this vulnerable population, there is far too great a risk of 
elder abuse, neglect, or financial exploitation, and the current 
pandemic has taken a tremendous toll. Across the country, residents of 
long-term care facilities are facing increased risk around COVID-19, as 
well as greater mortality rates.
  Therefore, Mr. Speaker, I ask my colleagues to join me in supporting 
passage of H.R. 6813 today, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Bass) that the House suspend the rules 
and pass the bill, H.R. 6813.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________