[House Report 117-57] [From the U.S. Government Publishing Office] 117th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 117-57 ====================================================================== ELDER ABUSE PROTECTION ACT OF 2021 _______ June 11, 2021.--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. 2922] The Committee on the Judiciary, to whom was referred 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, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. CONTENTS Page Purpose and Summary.............................................. 2 Background and Need for the Legislation.......................... 3 Hearings......................................................... 4 Committee Consideration.......................................... 4 Committee Votes.................................................. 5 Committee Oversight Findings..................................... 7 New Budget Authority and Tax Expenditures and Congressional Budget Office Cost Estimate.................................... 7 Duplication of Federal Programs.................................. 7 Performance Goals and Objectives................................. 7 Advisory on Earmarks............................................. 7 Section-by-Section Analysis...................................... 7 Changes in Existing Law Made by the Bill, as Reported............ 8 The amendment is as follows: Strike all that follows after the enacting clause and insert the following: 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.''. Purpose and Summary H.R. 2922, the ``Elder Abuse Protection Act of 2021,'' 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. By 2060, the U.S. Department of Health and Human Services (HHS) projects that the population of elderly Latino Americans will grow to 19.9 million, or 21% of the overall American elderly population.\1\ The Elder Abuse Protection Act'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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- The legislation would also assign a number of responsibilities to the Elder Justice Initiative, including an obligation to post elder abuse prevention resources online, coordinate with the Office of Tribal Justice to address elder fraud on reservations, and require the DOJ to publish Spanish- language elder fraud and abuse materials. Additionally, the bill would authorize the DOJ to continue to operate the National Elder Fraud hotline. Under the proposed bill, the Elder Justice Initiative would be led by a Department-wide Elder Justice Coordinator, who would be responsible for providing support to locally placed Elder Justice Coordinators. Background and Need for the Legislation Tens of thousands of elderly Americans are abused on an annual basis. One comprehensive study 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\ --------------------------------------------------------------------------- \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 May. 21, 2021). --------------------------------------------------------------------------- i. Consequences of Elder Abuse The impact of elder abuse may be catastrophic, with the physical, mental, and emotional effects lasting years. Beyond the individual suffering, 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\ Elderly Americans suffer annually an average loss of $34,200 due to fraud, according to an analysis by the U.S. Consumer Financial Protection Bureau.\7\ --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- ii. DOJ Anti-Elder Abuse Efforts DOJ first 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\ 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.\9\ --------------------------------------------------------------------------- \8\Elder Justice Initiative, U.S. Dept. of Justice, https:// www.justice.gov/elderjustice/support/faq#is-elder-abuse-underreported (last visited May 21, 2021). \9\Elder Justice Task Forces, U.S. Dep't of Just., https:// www.justice.gov/elderjustice/task-forces (last visited May. 22, 2021). --------------------------------------------------------------------------- These teams coordinate and enhance efforts to pursue lawsuits against nursing homes that provide grossly substandard care to their residents.\10\ To complement the Elder Justice Task Forces, DOJ also established the Transnational Elder Strike Force to address the many foreign-based entities that carry out fraudulent schemes targeting American seniors.\11\ The Office of Victims of Crime (OVC) in DOJ's Office of Justice Programs, also funds research on elder victim support and elder abuse prevention.\12\ --------------------------------------------------------------------------- \10\Id. \11\National Hotline Helps Victims of Elder Financial Fraud, U.S. Dep't of Just. (Jun. 12, 2020), https://www.ojp.gov/files/archives/ blogs/2020/national-hotline-helps-victims-elder-financial-fraud. \12\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. --------------------------------------------------------------------------- iii. Intra-Agency Coordination As reported by the Committee, H.R. 2922 includes a number of intra-DOJ coordination requirements. Most notably, the Elder Abuse Protection Act makes permanent the National Elder Fraud Hotline, which answers calls from the public concerning elder abuse and elder justice and takes reports of abuse from elderly individuals. OVC launched the National Elder Fraud Hotline in the spring of 2020, and to date it has received tens of thousands of calls. Additionally, the bill adds language to make permanent consultations between the Elder Justice Initiative and the Office of Tribal Justice (OTJ) on how to address elder abuse and elder fraud on federally recognized reservations. The intersection between tribal issues and elder justice is an outgrowth of a meeting in November 2018 convened by then-Attorney General William Barr. Lastly, the bill as reported requires the Elder Justice Coordinator to consult on legal aid issues with whomever the Attorney General designates. The legal aid consultation requirement is an outgrowth of a Legal Aid Interagency Roundtable meeting then-President Trump called in April 2019. Hearings The Committee did not hold hearings on elder justice prior to consideration of this bill. Committee Consideration On May 18, 2021, the Committee met in open session and ordered the bill, H.R. 2922, favorably reported with an amendment in the nature of a substitute, by a voice vote, a quorum being present. Committee Votes In compliance with clause 3(b) of House rule XIII, the following votes occurred during the Committee's consideration of H.R. 2922: 1. An amendment by Mr. Fitzgerald, to require reporting of elder deaths associated with COVID-19 and report on criminal COVID-19-related investigations associated with death reporting requirements, was defeated by a rollcall vote of 22 to 17.2. An amendment in the nature of a substitute by Mr. Nadler, that added coordination requirements for the Elder Justice Coordinator, was agreed to by a voice vote. Committee Oversight Findings In compliance with clause 3(c)(1) of House rule XIII, the Committee advises that the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of House rule X, 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 House rule XIII and section 308(a) of the Congressional Budget Act of 1974, and with respect to requirements of clause (3)(c)(3) of House rule XIII and section 402 of the Congressional Budget Act of 1974, the Director of Congressional Budget Office (CBO) has not provided an estimate of the cost associated with H.R. 2922 and the bill does not authorize the expenditure of funds. Duplication of Federal Programs Pursuant to clause 3(c)(5) of House rule XIII, no provision of H.R. 2922 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program. 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. 2922 does not have any performance goals or measures. Advisory on Earmarks In accordance with clause 9 of rule XXI of the Rules of the House of Representatives, H.R. 2922 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 2021.'' Sec 2. Elder Justice Initiative. Section 2 of the bill amends Section 101(b) of the Elder Abuse Prevention and Prosecution Act by incorporating the following: (1) Permanent Initiative. This subsection would make the Elder Justice Initiative a permanent office within the Department of Justice to coordinate criminal enforcement and public engagement to combat elder abuse, neglect, and financial fraud. (2) DOJ Elder Justice Coordinator. This subsection restates a section already in law and adds the new Elder Justice Initiative into the statutory framework. (3) Online Public Resources. This subsection would require the Elder Justice Initiative to maintain and publish information on the Internet aimed at protecting elders from fraudulent schemes and include resources aimed at preventing elder abuse. (4) Telephone Hotline. In this subsection, the legislation would authorize in statute a national elder fraud telephone hotline to provide support and resources to victims, including referrals to federal, local, and state law enforcement. (5) Tribal Consultation. Pursuant to this subsection, the Elder Justice Coordinator would be required to provide yearly recommendations to the Office of Tribal Justice on how to address elder abuse and elder fraud on federally recognized reservations. (6) Legal Aid. In this subsection, the Elder Justice Coordinator would be required to consult with the DOJ to promote the provision of civil legal aid to victims of elder abuse and elder fraud. (7) Spanish Language Resources. Under this subsection, the Attorney General would be required to ensure that certain online resources published by the Elder Justice Initiative are also available in Spanish. Additionally, this section would require Spanish-language links that provide resources that help prevent financial exploitation of elders and that facilitate the reporting of elder fraud and abuse to State and local law enforcement. 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 * * * * * * * 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.-- [(1) In general.--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-- [(A) coordinating and supporting the law enforcement efforts and policy activities 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, including witnesses who have Alzheimer's disease and related dementias; and [(iii) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases (including victims and witnesses who have Alzheimer's disease and related dementias), 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. [(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, 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) 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. (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-- (A) 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-- (i) the name of the district where the case originated; (ii) the style of the case, including the case name and number; (iii) a description of the scheme or scam; and (iv) the outcome of the case. (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. (d) Use of Appropriated Funds.--No additional funds are authorized to be appropriated to carry out this section. * * * * * * * [all]