Elder Abuse Protection Act of 2021

Floor Speech

Date: June 22, 2021
Location: Washington, DC

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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.''.

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Mr. NADLER. 2922.

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.

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. BISHOP of North Carolina.

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.

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Mr. NADLER. Garcia).
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Mr. NADLER. Jackson Lee).

Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman for yielding. I 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.

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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.

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