[Congressional Record Volume 167, Number 108 (Tuesday, June 22, 2021)]
[House]
[Pages H2956-H2958]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   ELDER ABUSE PROTECTION ACT OF 2021

  Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2922) to amend the Elder Abuse Prevention and Prosecution 
Act to authorize the Elder Justice Initiative, to require that online 
resources of such initiative are made available in Spanish, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2922

       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 ``Elder Abuse Protection Act 
     of 2021''.

     SEC. 2. ELDER JUSTICE INITIATIVE.

       Section 101(b) of the Elder Abuse Prevention and 
     Prosecution Act (34 U.S.C. 21711(b)) is amended to read as 
     follows:
       ``(b) Elder Justice Initiative.--
       ``(1) Permanent initiative.--The Attorney General shall 
     establish an Elder Justice Initiative to coordinate criminal 
     enforcement and public engagement efforts to combat elder 
     abuse, neglect, and financial fraud and scams that target 
     elders, and to support and coordinate the efforts of the 
     Elder Justice Coordinator designated under subsection (a).
       ``(2) Department of justice elder justice coordinator.--The 
     Attorney General shall designate an Elder Justice Coordinator 
     within the Department of Justice who, in addition to any 
     other responsibilities, shall be responsible for--
       ``(A) coordinating and supporting the law enforcement 
     efforts and policy activities as the head of the Elder 
     Justice Initiative for the Department of Justice on elder 
     justice issues;
       ``(B) evaluating training models to determine best 
     practices and creating or compiling and making publicly 
     available replication guides and training materials for law 
     enforcement officers, prosecutors, judges, emergency 
     responders, individuals working in victim services, adult 
     protective services, social services, and public safety, 
     medical personnel, mental health personnel, financial 
     services personnel, and any other individuals whose work may 
     bring them in contact with elder abuse regarding how to--
       ``(i) conduct investigations in elder abuse cases;
       ``(ii) address evidentiary issues and other legal issues; 
     and
       ``(iii) appropriately assess, respond to, and interact with 
     victims and witnesses in elder abuse cases, including in 
     administrative, civil, and criminal judicial proceedings; and
       ``(C) carrying out such other duties as the Attorney 
     General determines necessary in connection with enhancing the 
     understanding, prevention, and detection of, and response to, 
     elder abuse.
       ``(3) Online public resources.--The Elder Justice 
     Initiative shall maintain and publish on the internet, 
     information aimed at protecting elders from fraudulent 
     schemes and contain resources aimed at preventing elder 
     abuse.
       ``(4) Telephone hotline.--The Attorney General, in 
     consultation with the Elder Justice Coordinator and the 
     Office of Victims of Crime, shall establish a national elder 
     fraud telephone hotline to provide support to victims and 
     resources to help victims, including referrals to federal, 
     local and state law enforcement where appropriate.
       ``(5) Tribal consultation.--The Elder Justice Coordinator 
     shall provide recommendations to the Office of Tribal Justice 
     on a yearly basis on how to address elder abuse and elder 
     fraud that takes place on federally recognized tribal 
     reservations.
       ``(6) Legal aid.--The Elder Justice Coordinator shall 
     consult with components of the Department of Justice to 
     promote the provision of civil legal aid to victims of elder 
     abuse and elder fraud.
       ``(7) Spanish language resources.--The Attorney General 
     shall ensure that Elder Justice Initiative online resources 
     are available in Spanish and link linguistically appropriate 
     resources to inform Spanish-speaking elders of Federal and 
     State resources to combat fraud and abuse that targets the 
     elderly, to include--
       ``(A) Spanish-language resources and links that help report 
     instances of elder fraud and abuse to State and local law 
     enforcement; and
       ``(B) resources that help prevent financial exploitation of 
     elders.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Nadler) and the gentleman from North Carolina (Mr. Bishop) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on H.R. 2922.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 2922, the bipartisan 
Elder Abuse Protection Act of 2021.
  This bill would make permanent the Department of Justice's Elder 
Justice Initiative and would assign the initiative a number of critical 
responsibilities that would protect vulnerable seniors from fraud and 
abuse.
  The bill includes critical elder abuse preventive measures, including 
an obligation to post elder abuse prevention resources online, to 
coordinate with the Office of Tribal Justice to address elder fraud on 
reservations, and to publish Spanish-language elder fraud and abuse 
materials. Additionally, the bill would authorize the Department's 
operation of the National Elder Fraud Hotline.
  These changes are a testament to the importance this Congress places 
on elder justice and its continued commitment to address emerging elder 
fraud issues.
  Sadly, tens of thousands of elderly Americans are abused and 
exploited every day. By one estimate, American seniors lose at least 
$2.9 billion each year due to financial abuse and exploitation. The 
U.S. Consumer Financial Protection Bureau similarly estimates that 
elder Americans suffer an average annual loss of $34,200 due to fraud.
  Tragically, instances of elder fraud and abuse have only gone up. 
From 2013 to 2017, financial scams and other crimes targeting older 
Americans quadrupled. Elderly individuals are vulnerable to abuse on 
account of a myriad of factors, with social isolation and mental 
impairment, such as dementia or Alzheimer's disease, playing outsized 
roles.

[[Page H2957]]

  By making permanent and expanding the Elder Justice Initiative's 
mandate, the Department of Justice can more effectively protect our 
Nation's seniors and prosecute instances of elder abuse. At a time when 
seniors are perhaps at their most vulnerable, it only makes sense that 
the government redouble its efforts to protect America's seniors.
  It is particularly important that marginalized elder communities get 
the educational and preventive resources they need. The Elder Abuse 
Protection Act does exactly that by requiring that the Elder Justice 
Initiative coordinate with the Office of Tribal Justice on how to 
address elder abuse on reservations. This provision would mean fewer 
elder indigenous Americans will fall victim to exploitation.
  The bill also makes permanent the elder abuse fraud hotline. With the 
hotline, concerned Americans can report instances of elder abuse 
directly to the Department of Justice, and victims can obtain support 
and resources that they need.
  The Elder Abuse Protection Act also requires that the Elder Justice 
Initiative share their materials online and in Spanish. More Americans 
will have access to the DOJ's resources. Greater access to those 
materials is critical so that older Latinos, who comprise almost 4 
million individuals, can also access these crucial resources.
  In short, Mr. Speaker, H.R. 2922 redoubles the government's 
commitment to preventing elder fraud and abuse, and to ensuring that 
seniors have access to the resources they need.
  I thank Representatives Garcia and Spartz, the sponsors of this 
bipartisan legislation, for their vision and their leadership on this 
important issue.
  I strongly support this legislation, and I urge my colleagues to 
support it as well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I rise in support of H.R. 2922.
  The Elder Abuse Protection Act builds on President Trump's strong 
record of protecting America's seniors and responding to elder abuse in 
America. In 2017, President Trump signed into law the Elder Abuse 
Prevention and Prosecution Act to improve the justice system's response 
to victims of elder abuse and exploitation cases.
  In 2018, President Trump signed an executive order that established a 
task force within the Justice Department that placed a new emphasis on 
the growing problems of cyber fraud and fraud targeting the elderly. 
Attorney General Barr appointed a National Elder Justice Coordinator to 
oversee the Department's work to combat elder fraud.
  Because of the Trump administration's work, all 94 U.S. Attorney's 
offices now have a prosecutor dedicated to focus on the most pressing 
elder justice issues in each jurisdiction.
  The Department also established an Elder Justice Initiative to 
support and coordinate the Department's enforcement and programmatic 
efforts to combat elder abuse, neglect, and financial fraud cases and 
scams that target our seniors.
  This bill codifies the Trump administration's Elder Justice 
Initiative as a program within the Department of Justice. President 
Trump and his administration led on protecting American seniors. The 
bill before us today will make permanent the thoughtful and successful 
initiatives implemented by President Trump and Attorney General Barr.
  I am pleased that my colleagues across the aisle recognize the 
leadership of President Trump and Attorney General Barr in these 
important areas. I thank the sponsor and cosponsor of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Garcia).
  Ms. GARCIA of Texas. Mr. Speaker, I rise in strong support of the 
bipartisan Elder Abuse Protection Act.
  I proudly sponsored this legislation because, quite frankly, back in 
the day, when I was a geriatric social worker, I saw firsthand the 
abuse targeted against our seniors as consumers.
  This bill will help ensure that our seniors today, the group that 
most disproportionately was impacted by COVID-19, are not continuing as 
targets of fraudulent crimes. I thank Representative Spartz for joining 
me in this legislation.
  This March, the Federal Bureau of Investigation's Internet Crime 
Complaint Center released its 2020 internet crime report, noting it 
received 105,301 complaints--over 100,000 complaints--from victims over 
the age of 60.
  That was a whopping 54 percent increase from the 2019 numbers of 
68,000 complaints. If you look at the cost and value of these 
complaints, it was $966 million, an approximate 15 percent increase 
from the 2019 number of $835 million.
  What is worse, Mr. Speaker, is that these statistics reflect only 
those complaints in which the victim voluntarily provided their age 
range as over 60. So there may be even more.
  Victims over the age of 60 are targeted by perpetrators because they 
are believed to have significant reliable financial resources.
  The evidence is clear, as the United States ages, diversifies, and 
modernizes, the number of older adults experiencing elder abuse is, 
unfortunately, also projected to increase.
  Elder abuse assessment measures and interventions are critical. This 
intervention is even more urgent for Latinos in our country who lack 
access to resources and information in their preferred language.
  In 2017, the United States Department of Health and Human Services 
estimated that the Latino population in the United States age 65 and 
over was over 4 million people. By 2060, the Department projects the 
population of elderly Latinos in America to grow to 19.9 million, or 21 
percent of the overall American elderly population. That is a huge 
number and growing.
  Given these rapid growth rates and projected increases, public online 
resources should be made available to Americans with limited English 
proficiency. Providing Spanish language resources to the public will 
therefore reach an underserved population and will provide an important 
resource to millions of residents in the United States of America, 
especially to my home State of Texas.

                              {time}  1600

  The SPEAKER pro tempore (Mr. McNerney). The time of the gentlewoman 
has expired.
  Mr. NADLER. Mr. Speaker, I yield the gentlewoman an additional 30 
seconds.
  Ms. GARCIA of Texas. Unfortunately, due to the quarantine measures 
and limitations on visiting facilities and nursing homes, it has made 
it easier for abuse, neglect, and fraud to go undetected.
  That is why this important legislation makes permanent a National 
Elder Fraud Hotline and requires the Elder Justice Coordinator to 
consult with the Office of Tribal Justice and designees on legal aid 
issues.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield such time as she 
may consume to the gentlewoman from Indiana (Mrs. Spartz).
  Mrs. SPARTZ. Mr. Speaker, I rise in strong support of H.R. 2922, the 
Elder Abuse Protection Act.
  As we have seen through the recent pandemic, American seniors are 
among the most vulnerable population. As a former State senator, I 
dealt with many issues our elderly Hoosiers are facing in their lives.
  The Trump administration made great strides in achieving justice for 
elderly Americans victimized by fraud and abuse. By standing up the 
Elder Justice Initiative, the administration charged nearly 1,000 
defendants with fraud totaling over $2.2 billion.
  The Elder Abuse Protection Act makes permanent this initiative, which 
will continue its important work under this bill to ensure criminals 
are held accountable.
  This legislation is a very important step in the right direction to 
protect and take care of the people who used to care for us.
  I thank my colleague, Representative Sylvia Garcia, for leading this 
critical effort, and I urge my colleagues to support this good 
legislation.
  Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for yielding. I

[[Page H2958]]

thank the ranking member for his presentation and the gentlewoman for 
her presentation.
  I am proud to support H.R. 2922, the Elder Abuse Protection Act, 
which has been supported by my colleague from Texas, the Honorable 
Sylvia Garcia.
  As Chairman Nadler said and detailed, the sheer number of elder abuse 
cases is astounding and shameful, and the pandemic has only worsened 
the economic and emotional circumstances that so many seniors face.
  This problem is particularly grave for linguistic minority groups. My 
hometown of Houston has a large Hispanic community, and I am 
particularly concerned with efforts to exploit my elder Spanish-
speaking constituents.
  In Texas, 20 percent of Hispanics are 65 years or older. One study of 
this population found that limited English proficiency was a barrier to 
accessing medical and social services.
  That is why the thoughtful legislation offered by Congresswoman 
Garcia is so very important, and its time is now.
  I am an enthusiastic supporter of this bill because it would make 
permanent the Elder Justice Initiative in the Department of Justice and 
require it to translate into Spanish those resources the initiative 
makes available to the public. The cost of translating those 
educational materials is small compared to the benefit they would 
bring. It would be a modest undertaking for the Department of Justice, 
given that DOJ already has litigation translation services in place.
  Lastly, this bill makes permanent the National Elder Fraud Hotline--
very important. Since March 2020, the hotline has answered tens of 
thousands of calls from elder Americans who have called in need of 
support, offering a service to get information on how to prevent elder 
fraud for the many elder Americans who don't have access to the 
internet.
  We all know the most vulnerable. These elders who have worked to 
build this country deserve to live their senior years in peace and 
tranquility and with respect and dignity. They do not deserve to be 
taken advantage of by fraudulent individuals, fraudulent schemes, and 
fraudulent practices. If we can do anything to help them, we should do 
it.
  This legislation strongly helps them, and I commend Ms. Garcia for 
championing this issue. I urge my colleagues to join me in voting in 
favor of this much-needed legislation.
  Mr. Speaker, I am proud to support H.R. 2922, the ``Elder Abuse 
Protection Act.''
  As Chairman Nadler detailed, the sheer number of elder abuse cases is 
astounding and shameful, and the pandemic has only worsened the 
economic and emotional circumstances that so many seniors face.
  This problem is particularly grave for linguistic-minority groups.
  My hometown of Houston has a large Hispanic community, and I am 
particularly concerned with efforts to exploit my elder Spanish-
speaking constituents.
  In Texas, 20 percent of Hispanics are 65 years old or older. One 
study of this population found that limited English proficiency was a 
barrier to accessing medical and social services.
  I am an enthusiastic supporter of this bill because it would make 
permanent the Elder Justice Initiative in the Department of Justice, 
and require it translate into Spanish those resources the initiative 
makes available to the public.
  The cost of translating these educational materials is small compared 
to the benefit they would bring. It would be a modest undertaking for 
the Department of Justice, given that DOJ already has litigation 
translation services in place.
  Lastly, this bill makes permanent the National Elder Fraud Hotline.
  Since March 2020, the hotline has answered tens of thousands of calls 
from elder Americans who have called in need of support, offering a 
service to get information on how to prevent elder fraud for the many 
elder Americans don't have access to the internet.
  I commend Ms. Garcia for championing this issue, and I urge my 
colleagues to join me in voting in favor of this much-needed 
legislation.
  Mr. BISHOP of North Carolina. Mr. Speaker, I urge my colleagues to 
support this bill, and I yield back the balance of my time.
  Mr. NADLER. Mr. Speaker, I urge my colleagues to support this very 
worthy bill, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I am proud to support H.R. 2922, the 
``Elder Abuse Protection Act.''
  As Chairman Nadler detailed, the sheer number of elder abuse cases is 
astounding and shameful, and the pandemic has only worsened the 
economic and emotional circumstances that so many seniors face.
  This problem is particularly grave for linguistic-minority groups.
  My hometown of Houston has a large Hispanic community, and I am 
particularly concerned with efforts to exploit my elder Spanish-
speaking constituents.
  In Texas, 20 percent of Hispanics are 65 years old or older. One 
study of this population found that limited English proficiency was a 
barrier to accessing medical and social services.
  I am an enthusiastic supporter of this bill because it would make 
permanent the Elder Justice Initiative in the Department of Justice and 
require it translate into Spanish those resources the initiative makes 
available to the public.
  The cost of translating these educational materials is small compared 
to the benefit they would bring. It would be a modest undertaking for 
the Department of Justice, given that DOJ already has litigation 
translation services in place.
  Lastly, this bill makes permanent the National Elder Fraud Hotline.
  Since March 2020, the hotline has answered tens of thousands of calls 
from elder Americans who have called in need of support, offering a 
service to get information on how to prevent elder fraud for the many 
elder Americans who don't have access to the internet.
  I commend Ms. Garcia for championing this issue, and I urge my 
colleagues to join me in voting in favor of this much-needed 
legislation.
  Mr. CICILLINE. Mr. Speaker, reports estimate that as many as 1 in 10 
elders are abused every year, but less than half of these incidents are 
actually reported, and the COVID pandemic has left seniors isolated and 
more vulnerable to fraud and abuse.
  All over, we are seeing scammers deceive a grandparent that their 
grandchild is in trouble and needs money.
  We see imposters pose as IRS agents to trick an elder into paying 
money they do not owe.
  We see fraudsters offer tech support assistance and collect money for 
fraudulent services.
  We must hold these criminals accountable for taking advantage of and 
abusing our seniors.
  Protecting and caring for our loved ones--who once supported and 
cared for us--is one of our most honorable responsibilities.
  The Elder Abuse and Protection Act promotes justice for vulnerable 
seniors by making the Elder Justice Initiative a permanent office 
within the Department of Justice, which works to combat elder abuse, 
neglect, and financial fraud and scams that target our nation's 
seniors.
  I thank Congresswoman Garcia for introducing this important 
legislation to protect our seniors, and I am proud to be a cosponsor 
and support it today.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Nadler) that the House suspend the rules 
and pass the bill, H.R. 2922, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

                          ____________________