[Congressional Record (Bound Edition), Volume 150 (2004), Part 19]
[Senate]
[Pages 25888-25889]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       ELDER JUSTICE ACT OF 2004

  Mr. BREAUX. Mr. President. I rise to speak about the Elder Justice 
Act of 2004, the substitute for S. 333 as reported by the Committee on 
Finance. This bill is designed to greatly enhance our knowledge about 
elder abuse, neglect and exploitation, and how to combat it in the 21st 
Century. First, I would like to take a moment to thank Chairman 
Grassley, Senator Baucus, and the other Members of the Finance 
Committee for unanimously reporting this bill. I thank Senator Hatch 
for his unwavering support for this bill as a lead sponsor. I also 
thank all 45 bi-partisan Senate cosponsors and over 100 bipartisan 
House cosponsors and their staff members. All have been instrumental in 
helping move this legislation forward and I appreciate all of the time 
and effort each has contributed.
  Despite the rapid aging of America, few pressing social issues have 
been as systematically ignored as elder abuse, neglect and 
exploitation, as illustrated by the following points:
  Twenty five years of congressional hearings on the devastating 
effects of elder abuse, called elder abuse a ``disgrace'' and a 
``burgeoning national scandal.''
  To date, we have no Federal law enacted to address elder abuse in a 
comprehensive manner.
  Congress passed comprehensive bills to address the ugly truth about 
child abuse and crimes against women, yet there is not one full-time 
Federal employee working on elder abuse in the entire Federal 
Government.
  The cost of elder abuse is high by any measure, including needless 
human suffering, inflated healthcare costs, depleted public resource, 
and loss of one of our greatest national assets, the wisdom and 
experience of our elders.
  Abuse of our seniors takes many forms. It can be physical, sexual, 
psychological or financial. The perpetrator may be a stranger, an 
acquaintance, a paid caregiver, a corporation and, far too often, a 
spouse or another family member. Elder abuse happens everywhere, in 
poor, middle class and upper income households; in cities, suburbs, and 
rural areas. It knows no demographic or geographic boundaries.
  With scientific advances and the graying of millions of baby boomers, 
last year the number of elderly on the planet passed the number of 
children for the 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 Americans.
  Studies conclude that elder abuse, neglect and exploitation are 
widely under reported and these abuses significantly shorten the lives 
of older victims. A single episode of mistreatment can ``tip-over'' an 
otherwise independent, productive life, triggering a downward spiral 
that can result in depression, serious illness and even death.
  Too many of our frailest citizens suffer needlessly and cannot simply 
move away from the abuse. Frequently, they cannot express their wishes 
or suffering. And, even if they can, often they do not, fearing 
retaliation.
  This amendment will elevate elder abuse, neglect and exploitation to 
the national stage in a lasting way. We want to ensure Federal 
leadership to States and to provide resources for services, prevention 
and enforcement efforts to those on the front lines.
  A crime is a crime whoever the victim and wherever it occurs. Crimes 
against seniors must 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 is three-pronged--through law 
enforcement, public health and social services. With grant programs in 
the Departments of Health and Human Services and Justice, this 
amendment ensures 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, this amendment 
establishes research projects to fuel future legislation.
  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.
  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 neighborhoods, to 
enhance long-term care staffing and to stop financial fraud before the 
money goes out the door.
  It enhances detection by creating forensic centers and developing 
expertise to enhance detection of the problem.

[[Page 25889]]

  It bolsters treatment by funding efforts to find better ways to 
mitigate the devastating consequences of elder mistreatment.
  It increases collaboration by requiring ongoing coordination at the 
Federal level, among Federal, State, local and private entities, law 
enforcement, long-term care facilities, consumer advocates and 
families.
  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.
  It helps consumers by creating a resource center for family 
caregivers and those trying to make decisions about different types of 
long-term care providers.
  More and more of us will enjoy longer life in relative health, but 
with this gift comes the responsibility to prevent the needless 
suffering too often borne by our frailest citizens.
  Let me take a moment to thank so many people who contributed to the 
development of this legislation. First, I thank Senator Hatch for 
joining me and working with me as a lead cosponsor of the bill. Without 
the support of Senator Grassley and Senator Baucus, the, chairman and 
ranking member of the Committee on Finance, this bill could never have 
advanced to this point. I deeply appreciative of their commitment, and 
perseverance to seeing this through the committee. I must thank all the 
members of the committee for their unanimous support of this bill. 
Further, I thank the 45 bipartisan Senate cosponsors and the 91 
bipartisan House cosponsors, lead by Representative Rahm Emanuel, 
Majority Whip Roy Blunt, and Representative Peter King for their 
tireless efforts toward passage in the House.
  No legislation can advance without the efforts of an immensely 
dedicated staff. I would like to take this opportunity to mention the 
many individuals who worked to ensure the passage of this bill. I thank 
my Staff Director of the Special Committee on Aging, Michelle Easton, 
for assembling a talented staff and laying the groundwork for this 
important legislation, and my chief of staff Fred Hatfield for his 
leadership. I thank my chief investigative counsel, Lauren Fuller, for 
leading numerous hearings examining the nature and extent of elder 
abuse that resulted in the development of this legislation and for her 
tireless efforts to see it through to completion. I thank the following 
present and former staff of the Special Committee who worked on various 
aspects of the hearings and legislation, making many sacrifices in the 
process: Cecil Swamidoss, Janet Forlini, Phil Thevenet, Joy Cameron, 
Matt Lavigna, Arika Pierce, Dana Dupre, Kori Forster, Elaine Dalpiaz, 
Scott Mulhauser, Ryan McGinn and Patricia Hameister.
  I also thank members of the Committee on Finance who went above and 
beyond the call of duty to shepherd this legislation: Ted Totman, Kolan 
Davis, Russ Sullivan, Bill Dauster, Liz Fowler, Mark Hayes, Andrea 
Cohen, David Schwartz, Emilia DiSanto, Becky Shipp, Chad Groover, Carla 
Martin and Robert Merulla.
  I want to also mention the efforts of staff of other members 
including Patti DeLoatche, Bruce Artim, Kevin O'Scannlain, and Wan Kim 
with Senator Hatch; Pete Spiro and Liz Smith with Representative Rahm 
Emanuel; Kevin Fogarty with Representative Peter King; and Joe Trauger 
with Majority Whip Roy Blunt. I would particularly like to thank the 
leadership of my colleagues in the House of Representatives, 
Representative Emanuel, Representative King and Majority Whip Roy Blunt 
for their efforts throughout the process.
  There are so many individuals across the country to recognize for 
their advocacy in passing the Elder Justice Act. However, there are too 
many to recognize here. So, I thank the 357 strong Elder Justice 
Coalition, lead by Robert Blancato, for their passionate advocacy on 
this legislation, and the members of the steering committee: National 
Committee for the Prevention of Elder Abuse, National Academy of Elder 
Law Attorneys, National Association of State Units on Aging, National 
Association of APS Administrators, and National Association of State 
Long-Term Care Ombudsman Programs. Last but not least, I would like to 
extend my sincerest appreciation to Marie-Therese Connolly, Nursing 
Home Initiative Coordinator at the U.S. Department of Justice who 
served as a resource and who provided immeasurable assistance in the 
development of this bill.
  I am deeply gratified by how close the Senate came to passing the 
Elder Justice Act on the eve of my retirement from the Congress and 
look forward to this bill being passed expeditiously and signed into 
law in the next Congress so that elder justice can become a reality for 
those Americans who need it most.

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