[Congressional Record (Bound Edition), Volume 148 (2002), Part 12]
[Senate]
[Pages 16768-16769]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       ELDER JUSTICE ACT OF 2002

  Mr. BREAUX. Mr. President, I take a moment to speak to legislation 
that has been introduced by myself along with a number of bipartisan 
colleagues, which is entitled the Elder Justice Act of 2002.
  The legislation has been introduced by me along with Senators Hatch, 
Baucus, Collins, Carnahan, Smith of Oregon, Lincoln, Bond, Torricelli, 
Nelson of Florida, and also Senator Stabenow.
  I will take a minute to just describe the problem we have in this and 
outline the features of the legislation. I think there are probably few 
pressing national concerns of social issues that are as important and 
also ignored as much as elder abuse, elder neglect, and also the 
exploitation of elder Americans.
  This abuse of our seniors takes many different forms. It could be 
physical abuse, sexual abuse, psychological abuse, and it could also be 
financial abuse. The perpetrator may be a stranger you have never heard 
of or never seen; it may be an acquaintance; it may be a paid caregiver 
in some institution; it may be a corporation; and, unfortunately, far 
too often it can be a spouse or another member of the elderly person's 
family.
  Elder abuse happens everywhere--in poor, middle class, and upper 
income households; in cities, suburbs, and in rural areas. It knows no 
demographic or geographic boundaries.
  The cost of such abuse and neglect is extremely high by any measure. 
The price of the abuse is paid in needless human suffering, inflated 
health care costs for everyone, depleted public resources, and the loss 
of one of our greatest national assets: Of course, the wisdom and 
experience of the elders in our country.
  With scientific advances and the graying of millions of baby boomers, 
this year the number of elderly on the planet will pass the number of 
children on the planet for the very first time. Although we have made 
great strides in promoting independence, productivity, and quality of 
life, old age still brings inadequate health care, isolation, 
impoverishment, abuse, and neglect for far too many elder Americans.
  Studies we have looked at in our Aging Committee, which I have the 
privilege of chairing, conclude that elder abuse, neglect, and 
exploitation are widely unreported. These abuses significantly shorten 
the lives of older Americans. A single episode of mistreatment can 
``tip over'' an otherwise independent, productive life, triggering a 
downward spiral that can result in depression, serious illness, or even 
death.
  Too many of our frailest citizens suffer needlessly and cannot simply 
move away and escape from the abuse. Frequently, they cannot express 
their wishes or their suffering. Even if they can, they often do not 
because they fear retaliation.
  Congress has passed comprehensive bills to address the ugly truth of 
two other types of abuse--child abuse and crimes against women. These 
bills have placed these two issues into the national consciousness and 
addressed the issues at the national level.
  These laws created new Federal infrastructure and funding--focusing 
resources, creating accountability, and changing how we think about and 
treat the abuse of women and children. Most jurisdictions now have 
established coordinated social service, public health, and law 
enforcement approaches to confront these abuses.
  It is interesting when we look at how Federal dollars are being spent 
in the area of abuse and neglect. On the chart, the area in red 
represents the money being spent with regard to child abuse--$6.7 
billion on various programs. On the other hand, if you look at what we 
are doing in the area of spousal abuse, domestic abuse, it is about 
$520 million. When you look at how much we are spending on the question 
of elder abuse, it is only a very small amount in comparison--
approximately 2 percent of the money that is spent on trying to 
alleviate, understand, and prevent abuse. It is focused on the fastest 
growing segment of our population, where in our hearings in the Aging 
Committee we have found it is a substantial and real problem.
  I am not saying domestic abuse and child abuse should be terminated 
from the standpoint of spending money to prevent it. Of course not. It 
is a high priority. What we are saying is that we need more attention 
on the question of how we treat, as a society, the elderly in our 
country, which is the fastest growing segment of our population.
  Despite dozens of congressional hearings over the past two decades on 
the devastating effects of elder abuse, neglect, and exploitation, 
interest in the subject has risen and fallen, it has waxed and waned. 
To date, no Federal law has been enacted to address this issue of elder 
abuse in a comprehensive fashion.
  In these hearings we had in the Aging Committee, elder abuse was 
called a disgrace, a burgeoning national scandal. Indeed, we found no 
single Federal employee working full time on the issue of elder abuse 
in the entire Federal Government, in any Department, anywhere.
  I think the time has come to provide seniors a set of fundamental 
protections. That is why, along with the colleagues I listed, we have 
introduced S. 2933, the first comprehensive Federal effort to address 
elder abuse in the United States--the Elder Justice Act of 2002.
  Our bill will elevate elder abuse, neglect, and exploitation to the 
national stage in a lasting way. We want to ensure that there is 
Federal leadership to provide resources for the services, prevention, 
and enforcement effort to those on the front lines.
  You know, a crime is a crime, no matter who the victim is, or 
wherever the victim happens to be, or whatever the age of the victim 
is. Crimes against seniors must certainly be elevated to the level of 
child abuse and crimes against women.
  It is clear, in confronting child abuse and violence against women, 
that the best method of prevention has been a two-pronged approach--
through both law enforcement and social services. With offices in the 
Department of Health and Human Services, HHS, and the Department of 
Justice, our legislation will ensure a combined public health-law 
enforcement coordination at all levels.
  In addition, because elder abuse and neglect have been virtually 
absent from the national research agenda, our legislation establishes 
research centers of excellence and funds research projects to fuel 
future legislation that may be necessary.
  These measures lay the foundation to address, in a meaningful and 
lasting way, a devastating and growing problem that has been invisible 
for far too long. We can no longer neglect these difficult issues 
afflicting frail and elderly victims--American citizens.
  This effort takes numerous steps to prevent and treat elder abuse. It 
improves prevention and intervention by funding projects to make older 
Americans safer in their homes, facilities, and in their neighborhoods, 
to enhance long-term-care staffing, and to stop financial fraud before 
the money goes out of the door.
  It enhances detection by creating forensic centers and develops 
expertise to enhance detection of the problem.
  It bolsters treatment by funding efforts to find better ways to 
mitigate the devastating consequences of elder mistreatment.
  It also increases collaboration by requiring ongoing coordination at 
the Federal level, among Federal, State, local, private entities, law 
enforcement, long-term care facilities, consumer advocates, and 
families, to bring all of these agencies together in a coordinated 
fashion.
  It aids prosecution by assisting law enforcement and prosecutors to 
ensure that those who abuse our Nation's frail elderly will be held 
accountable, wherever the crime occurs and whoever the victim happens 
to be.
  It also helps consumers by creating a resource center for family 
caregivers

[[Page 16769]]

and those trying to make decisions about the different types of long-
term care providers.
  The importance of defending our right to live free of suffering from 
abuse and neglect does not diminish with age.
  If we can unlock the mysteries of science and live longer, what do we 
gain if we fail to ensure that Americans also live better lives and 
longer lives, lives with dignity? More and more of us will enjoy a 
longer life in relatively good health, and with this gift comes the 
responsibility to prevent the needless suffering too often borne by our 
frailest citizens.
  I appreciate the work of the members of our Aging Committee and our 
cosponsors and their joint effort with me to put together this 
legislation. I recommend it be considered by our colleagues and that 
the Senate proceed ultimately to action on the bill, S. 2933, the Elder 
Justice Act of 2002.
  Mr. President, I yield the floor, and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant bill clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. I thank the Chair.

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