The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“ELDER JUSTICE ACT OF 2004” mentioning the U.S. Dept. of Justice was published in the in the Senate section section on pages S12047-S12048 on Dec. 8, 2004.
The publication is reproduced in full below:
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.
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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