[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,
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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]]
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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,
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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.
____________________