[House Report 116-704]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 116-704
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ELDER ABUSE PROTECTION ACT OF 2020
_______
December 31, 2020.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 8169]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 8169) 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, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 4
Duplication of Federal Programs.................................. 4
Performance Goals and Objectives................................. 4
Advisory on Earmarks............................................. 4
Section-by-Section Analysis...................................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 8169, the ``Elder Abuse Protection Act of 2020,''
would make permanent the Department of Justice's (DOJ) Elder
Justice Initiative and would require that materials posted by
the Initiative be translated into Spanish. Under the proposed
bill, the Elder Justice Initiative would be headed by DOJ's
Elder Justice Coordinator, and the Initiative would provide
support to Elder Justice Coordinators, who are currently
already in place at each United States Attorney's Office around
the country.
The Department of Health and Human Services (HHS) projects
that, by 2060, the population of elderly Latino Americans will
grow to 19.9 million, or 21% of the overall American elderly
population.\1\ This bill's requirement that certain Spanish-
language resources be translated into Spanish would provide an
important resource to over one million residents of the United
States and marks one of this bill's primary aims.
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\1\Admin. for Cmty. Living, U.S. Dep't of Health & Hum. Serv.,
Profile of Hispanic Americans Age 65 and Over 2 (2017), https://
acl.gov/sites/default/files/Aging%20and%20Disability%20in%
20America/2017OAProfileHA508.pdf.
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Background and Need for the Legislation
The number of elderly Americans abused annually is
difficult to determine or even to estimate. One comprehensive
study often cited estimates that approximately one in ten
elderly Americans are abused annually, but only one in 23 cases
of elder abuse are reported to authorities each year.\2\ A
study in New York State estimated that one in 13 elderly
individuals had been victims of at least one form of elder
abuse in the previous year.\3\ The New York study found that,
of those who had been abused, 41 of 1,000 seniors surveyed
reported that they believed they had suffered financial
exploitation. Elderly individuals are particularly 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.\4\
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\2\Mark S. Lachs & Karl A. Pillemer, Elder Abuse, 373 New Eng. J.
Med. 1947, 1949 (2015), https://doi.org/10.1056/NEJMra1404688.
\3\Lifespan of Greater Rochester et al., Under the Radar: New York
State Elder Abuse Prevalence Study (May 2011), https://ocfs.ny.gov/
main/reports/Under%20the%20Radar%2005%2012%
2011%20final%20report.pdf.
\4\Elder Abuse Facts, Nat.l Council on Aging, https://www.ncoa.org/
public-policy-action/elder-justice/elder-abuse-facts/ (last visited
Aug. 27, 2020).
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i. Consequences of Elder Abuse
The impact of elder abuse can be catastrophic. Those abused
may suffer enduring physical, mental, and emotional effects.
The negative consequences of elder abuse for the American
economy are high. Elderly Americans lose at least $2.9 billion
each year due to financial abuse and exploitation.\5\ According
to one study, strangers perpetrated 51% of elder abuse fraud,
while financial abuse by family, friends, and neighbors
constituted 34% of instances of elder abuse crime.\6\ Elder
Americans suffered annually an average loss of $34,200 due to
fraud, according to an analysis by the U.S. Consumer Financial
Protection Bureau.\7\
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\5\Mature Market Inst. et al., The MetLife Study of Elder Financial
Abuse: Crimes of Occasion, Desperation, and Predation Against America's
Elders 2 (June 2011), https://ltcombudsman.org/uploads/files/issues/
mmi-elder-financial-abuse.pdf.
\6\Id.
\7\Katherine Skiba, Older Americans Hit Hard by Financial Fraud,
AARP (Feb. 28, 2019), https://www.aarp.org/money/scams-fraud/info-2019/
cfpb-report-financial-elder-abuse.html.
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ii. DOJ Anti-Elder Abuse Efforts
DOJ established the Elder Justice Initiative to support and
coordinate the DOJ's enforcement and programmatic efforts to
combat elder abuse, neglect and financial fraud targeting
elderly Americans.\8\ DOJ also operates 10 regional Elder
Justice Task Forces that include federal, state and local
prosecutors, law enforcement, and local agencies that provide
services to the elderly. These teams coordinate and enhance
efforts to pursue lawsuits against nursing homes that provide
grossly substandard care to their residents.\9\ The Elder
Justice Task Forces are composed of representatives from the
U.S. Attorneys' Offices, state Medicaid Fraud Control Units,
and state and local prosecutors' offices, along with
representatives from HHS, state adult protective services
agencies, and local law enforcement agencies.\10\ The Office of
Victims of Crime in DOJ's Office of Justice Programs, also
funds research on elder victim support and elder abuse
prevention.\11\
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\8\Elder Justice Initiative, U.S. Dept. of Justice, https://
www.justice.gov/elderjustice/support/faq#is-elder-abuse-underreported
(last visited August 22, 2020).
\9\Elder Justice Task Forces, U.S. Dep't of Just., https://
www.justice.gov/elderjustice/task-forces (last visited Aug. 22, 2020).
\10\Id.
\11\See Yunsoo Park & Carrie Mulford, Social Support Can Diminish
Negative Effects of Elder Abuse, Nat'l Adult Protective Serv. Assoc. &
Nat'l Comm. for the Prevention of Elder Abuse, http://www.napsa-
now.org/wp-content/uploads/2018/01/R2P-Park-Mulford.pdf.
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iii. Recent Congressional Action
In 2017, Congress enacted ``The Elder Abuse Prevention and
Prosecution Act,'' to prevent and curtail elder abuse and
improve law enforcement's response to victims of elder abuse
and exploitation.\12\ The Elder Abuse Prevention and
Prosecution Act established a new framework to prosecute elder
abuse and educate state and local law enforcement on how to
prosecute instances of elder abuse and support victims.
Importantly, that law required each U.S. Attorney's Office to
appoint an elder justice coordinator and required the FBI to
provide specialized training to agents relating to the
investigation of elder abuse. Additionally, the Elder Abuse
Prevention and Prosecution Act required the Attorney General to
designate an elder justice coordinator to harmonize DOJ-wide
elder justice policy and practices. Recently, the House of
Representatives passed H.R. 6813, ``Promoting Alzheimer's
Awareness to Prevent Elder Abuse Act,'' to promote the
promulgation of best practices for local jurisdictions to
reduce the incidents of elder abuse.
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\12\Pub. L. No. 115-70, 131 Stat. 1208 (2017).
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Hearings
The Committee did not hold hearings on this bill.
Committee Consideration
On September 15, 2020, the Committee met in open session
and ordered the bill, H.R. 8169, favorably reported, by a voice
vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that no
recorded votes occurred during the Committee's consideration of
H.R. 8169. The bill was favorably reported by a voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office (CBO). The Committee
has requested but not received from the Director of the CBO a
statement as to whether this bill contains any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
Duplication of Federal Programs
No provision of H.R. 8169 establishes or reauthorizes a
program of the Federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance. The bill authorizes, on a
permanent basis, already existing programs.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
8169 would establish the Elder Justice Initiative as a
permanent Department of Justice coordinating element; require
the Elder Justice Initiative to post online materials for the
public to help identify elder abuse and report it; and require
the Initiative to translate into Spanish the materials it
prepares aimed at the public.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 8169 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. This section establishes the bill's
short title as the ``Elder Abuse Protection Act of 2020.''
Sec 2. Elder Justice Initiative. In this section, the bill
would make the Elder Justice Initiative a permanent office
within the DOJ's Criminal Division. This section requires that
the Elder Justice Initiative coordinate criminal enforcement
and public engagement to combat elder abuse, neglect, and
financial fraud. Under this section, the Elder Justice
Initiative would also be responsible for overseeing the Elder
Justice Coordinators, who are assigned to each United States
Attorney's Office.
DOJ Elder Justice Coordinator. This subsection moves a
section already in law into the new Elder Justice Initiative
framework. Currently, DOJ's Elder Justice Coordinator is
required to evaluate training models and best practices to
create publicly available materials for local law enforcement
and public officials tasked with investigating, interacting
with victims of elder abuse, or addressing elder abuse. This
subsection also adds to the Elder Justice Coordinator's
responsibilities a duty to serve as the head of the Elder
Justice Initiative. The Elder Justice Coordinator may also
carry out other duties assigned by the Attorney General to
enhance the understanding, prevention, and detection of, and
response to, elder abuse.
Online Public Resources. This subsection would require the
Elder Justice Initiative to maintain and publish on the
Internet, information aimed at protecting elders from
fraudulent schemes and include resources aimed at preventing
elder abuse.
Spanish Language Resources. This subsection would require
the Attorney General to translate into Spanish any online
resources that the Elder Justice Initiative publishes.
Additionally, this section would require that the Elder Justice
Initiative post Spanish-language links that facilitate
reporting of elder fraud and abuse to State and local law
enforcement and help educate the public to prevent financial
exploitation of elders.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
ELDER ABUSE PREVENTION AND PROSECUTION ACT
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TITLE I--SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE
SEC. 101. SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE.
(a) Support and Assistance.--
(1) Elder justice coordinators.--The Attorney General
shall designate in each Federal judicial district not
less than one Assistant United States Attorney to serve
as the Elder Justice Coordinator for the district, who,
in addition to any other responsibilities, shall be
responsible for--
(A) serving as the legal counsel for the
Federal judicial district on matters relating
to elder abuse;
(B) prosecuting, or assisting in the
prosecution of, elder abuse cases;
(C) conducting public outreach and awareness
activities relating to elder abuse; and
(D) ensuring the collection of data required
to be collected under section 202.
(2) Investigative support.--The Attorney General, in
consultation with the Director of the Federal Bureau of
Investigation, shall, with respect to crimes relating
to elder abuse, ensure the implementation of a regular
and comprehensive training program to train agents of
the Federal Bureau of Investigation in the
investigation and prosecution of such crimes and the
enforcement of laws related to elder abuse, which shall
include--
(A) specialized strategies for communicating
with and assisting elder abuse victims; and
(B) relevant forensic training relating to
elder abuse.
(3) Resource group.--The Attorney General, through
the Executive Office for United States Attorneys, shall
ensure the operation of a resource group to facilitate
the sharing of knowledge, experience, sample pleadings
and other case documents, training materials, and any
other resources to assist prosecutors throughout the
United States in pursuing cases relating to elder
abuse.
(4) Designated elder justice working group or
subcommittee to the attorney general's advisory
committee of united states attorneys.--Not later than
60 days after the date of enactment of this Act, the
Attorney General, in consultation with the Director of
the Executive Office for United States Attorneys, shall
establish a subcommittee or working group to the
Attorney General's Advisory Committee of United States
Attorneys, as established under section 0.10 of title
28, Code of Federal Regulations, or any successor
thereto, for the purposes of advising the Attorney
General on policies of the Department of Justice
relating to elder abuse.
[(b) Department of Justice Elder Justice Coordinator.--Not
later than 60 days after the date of enactment of this Act, 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--
[(1) coordinating and supporting the law enforcement
efforts and policy activities for the Department of
Justice on elder justice issues;
[(2) 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--
[(A) conduct investigations in elder abuse
cases;
[(B) address evidentiary issues and other
legal issues; and
[(C) appropriately assess, respond to, and
interact with victims and witnesses in elder
abuse cases, including in administrative,
civil, and criminal judicial proceedings; and
[(3) 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.]
(b) Elder Justice Initiative.--
(1) Permanent initiative.--The Attorney General shall
establish within the Criminal Division 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 Coordinators 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) 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.
(c) Federal Trade Commission.--
(1) Federal trade commission elder justice
coordinator.--Not later than 60 days after the date of
enactment of this Act, the Chairman of the Federal
Trade Commission shall designate within the Bureau of
Consumer Protection of the Federal Trade Commission an
Elder Justice Coordinator who, in addition to any other
responsibilities, shall be responsible for--
(A) coordinating and supporting the
enforcement and consumer education efforts and
policy activities of the Federal Trade
Commission on elder justice issues; and
(B) serving as, or ensuring the availability
of, a central point of contact for individuals,
units of local government, States, and other
Federal agencies on matters relating to the
enforcement and consumer education efforts and
policy activities of the Federal Trade
Commission on elder justice issues.
(2) Reports to congress.--Not later than 1 year after
the date of enactment of this Act, and once every year
thereafter, the Chairman of the Federal Trade
Commission and the Attorney General shall each submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report detailing the enforcement
actions taken by the Federal Trade Commission and the
Department of Justice, respectively, over the preceding
year in each case in which not less than one victim was
an elder or that involved a financial scheme or scam
that was either targeted directly toward or largely
affected elders, including--
(A) the name of the district where the case
originated;
(B) the style of the case, including the case
name and number;
(C) a description of the scheme or scam; and
(D) the outcome of the case.
(d) Use of Appropriated Funds.--No additional funds are
authorized to be appropriated to carry out this section.
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