October 1, 2020 - Issue: Vol. 166, No. 171 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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PROMOTING ALZHEIMER'S AWARENESS TO PREVENT ELDER ABUSE ACT; Congressional Record Vol. 166, No. 171
(House of Representatives - October 01, 2020)
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[Pages H5160-H5163] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] PROMOTING ALZHEIMER'S AWARENESS TO PREVENT ELDER ABUSE ACT Ms. BASS. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6813) to amend the Elder Abuse Prevention and Prosecution Act to improve the prevention of elder abuse and exploitation of individuals with Alzheimer's disease and related dementias. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 6813 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 ``Promoting Alzheimer's Awareness to Prevent Elder Abuse Act''. SEC. 2. ADDRESSING ALZHEIMER'S DISEASE IN BEST PRACTICES. (a) In General.--Section 101(b) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(b)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) of paragraph (2) as clauses (i), (ii), and (iii), respectively, and adjusting the margin accordingly; (2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margin accordingly; (3) by striking ``Not later than'' and inserting the following: ``(1) In general.--Not later than''; (4) in paragraph (1)(B), as so redesignated-- (A) in clause (ii), by inserting ``, including witnesses who have Alzheimer's disease and related dementias'' after ``other legal issues''; and (B) in clause (iii), by striking ``elder abuse cases,'' and inserting ``elder abuse cases (including victims and witnesses who have Alzheimer's disease and related dementias),''; and (5) by adding at the end the following: ``(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, [[Page H5161]] 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) Applicability.--The amendments made by subsection (a) shall-- (1) take effect on the date of enactment of this Act; and (2) apply on and after the date that is 1 year after the date of enactment of this Act. SEC. 3. REPORT ON OUTREACH. (a) In General.--Section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended-- (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly; (2) by striking ``a report detailing'' and inserting the following: ``a report-- ``(A) detailing''; and (3) by adding at the end the following: ``(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.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to the report under section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) submitted during the second year beginning after the date of enactment of this Act, and each year thereafter. The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from California (Ms. Bass) and the gentleman from Pennsylvania (Mr. Reschenthaler) each will control 20 minutes. The Chair recognizes the gentlewoman from California. General Leave Ms. BASS. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from California? There was no objection. Ms. BASS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 6813, the Promoting Alzheimer's Awareness to Prevent Elder Abuse Act. This bill requires the Justice Department's training materials to address treating, protecting, and caring for people living with Alzheimer's and related dementias. More than 5 million Americans are currently living with Alzheimer's or dementia. One study estimates that over 50 percent of these individuals may experience some type of elder abuse. Neglect is the most often reported type of abuse, followed by financial exploitation. Building upon the Elder Abuse Prevention and Prosecution Act of 2017, H.R. 6813 addresses the need for better training of law enforcement officers, first responders, social workers, prosecutors, and judges. This legislation would strengthen the best practices and training materials available to medical professionals and financial services personnel who interact with this special population. Significantly, the bill would also establish a new requirement to address situations in which individuals living with Alzheimer's or dementia may be involved in a criminal case as a victim or a witness. In addition, the bill requires greater collaboration and consultation between government agencies at the Federal, State, and local levels, as well as with nationally recognized nonprofit associations with relevant expertise. According to one recent report, deaths attributed to Alzheimer's disease and dementia rose to more than 20 percent above normal this summer. In June alone, there were more than 61,000 dementia-related deaths, 10,000 more than the same period last year. Increased isolation, stress, and staff shortages at nursing homes are all likely contributing factors to the higher-than-normal death toll. Our seniors living in long-term care facilities are particularly vulnerable and isolated given current physical distancing measures that limit contact with family members and other visits. Most of these residents have some form of cognitive impairment and are at an even greater risk of mistreatment or exploitation. This legislation would expand the quality and scope of dementia-specific training materials, leading to improved practices and processes to combat elder abuse and exploitation. As this public health crisis continues, our senior citizens face even greater risk. This legislation addresses an important and timely need for this uniquely vulnerable population. I thank Representative Deutch for introducing this legislation that has strong bipartisan support and for his leadership in expanding protections for our vulnerable citizens living with Alzheimer's and dementia. Mr. Speaker, I ask my colleagues to join me in supporting this important bill, and I reserve the balance of my time. Mr. RESCHENTHALER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am glad that today the House is considering the Promoting Alzheimer's Awareness to Prevent Elder Abuse Act, which I introduced with fellow Judiciary Committee member Representative Ted Deutch. Elder abuse, which includes financial fraud, physical abuse, and neglect affects at least 10 percent of senior citizens each year. Seniors living with Alzheimer's and other forms of dementia are especially vulnerable to elder abuse. It is estimated that up to 50 percent of these individuals fall prey to fraud, exploitation, and other harm. Often seniors suffering from these conditions have a harder time communicating with first responders and other professionals, which, in turn, makes it harder to provide help. H.R. 6813 will help Americans struggling with Alzheimer's and dementia by equipping first responders and caregivers with essential tools to prevent and respond to incidents of elder abuse. Specifically, this legislation directs the Department of Justice to develop best practices for assisting professionals, including law enforcement, emergency personnel, and medical professionals who encounter and support people living with Alzheimer's and other forms of dementia. I continue to hear from seniors in southwestern Pennsylvania about the strain COVID-19 has placed on their lives and the prevalence of virus-related scams. I hope this bill will alleviate some of those burdens. Again, I thank my colleague, Representative Ted Deutch, for working with me to help stop elder abuse and to protect our Nation's seniors. I urge my colleagues to support this legislation. I reserve the balance of my time, Mr. Speaker. Ms. BASS. Mr. Speaker, I yield 4 minutes to the gentleman from Florida (Mr. Deutch). Mr. DEUTCH. Mr. Speaker, I thank my friend from California for yielding. I stand in strong support of H.R. 6813, the Promoting Alzheimer's Awareness to Prevent Elder Abuse Act. This bill is as simple as it is bipartisan. Too many of the folks who are charged with protecting older Americans don't have the specialized knowledge and training needed to assist people with Alzheimer's and other forms of dementia. This knowledge gap will be a growing problem as our Nation's population continues to age. In 2019, there were about 5.8 million people in the United States who were living with Alzheimer's. By 2050, the population is estimated to grow to close to 14 million people. And while not all of those with dementia are seniors, 81 percent of people living with Alzheimer's in the United States are 75 years of age or older. People living with Alzheimer's and other forms of dementia are especially vulnerable to the ongoing coronavirus pandemic, and they are frequent targets for fraud and other scams. This means more interactions between people with Alzheimer's and first responders, adult protective services, the courts, and others in the community. Families and other caregivers know the challenges of dementia. These diseases steal so much from their loved ones, but caregivers step up every day to help people with dementia stay safe and stay healthy. Unfortunately, the strategies and caregiving practices that they use aren't known by others who are charged with preventing elder abuse and fraud. [[Page H5162]] {time} 1445 This bill will close that gap in knowledge. The bipartisan Promoting Alzheimer's Awareness to Prevent Elder Abuse Act will ensure that first responders, court officers, and other social services personnel have access to the best practices and necessary training to assist people with Alzheimer's. This bill will bring everyone together--the Department of Justice; Department of Health and Human Services; State, local, and Tribal adult protective services; law enforcement, aging, social, and human services agencies; and nonprofit associations--to develop best practices and training materials to get everyone on the same page to help. By ensuring that everyone knows how to support people with Alzheimer's, we can better protect against fraud and abuse. Mr. Speaker, I thank my colleague from Pennsylvania, Congressman Reschenthaler, for his strong work and strong support of this bill. We have built a strong, bipartisan coalition that supports this legislation. Mr. Speaker, I also want to extend appreciation to the Alzheimer's Association for their expertise and for their advocacy. They have done so much to support people with Alzheimer's and their caregivers. This bill will put Federal Government support behind their important work. It will help to support people with Alzheimer's and other forms of dementia. It will help their caregivers who look out for this vulnerable population. Mr. Speaker, I strongly urge passage of this bill. Mr. RESCHENTHALER. Mr. Speaker, I reserve the balance of my time. Ms. BASS. Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee). Ms. JACKSON LEE. Mr. Speaker, I thank the gentlewoman from California (Ms. Bass) for yielding me the time. I hope my time has not started running. We are trying to be COVID-19 safe. Mr. Speaker, let me thank the sponsor of this bill, Mr. Deutch, and his bipartisan cosponsors, and indicate my strong support for H.R. 6813, Promoting Alzheimer's Awareness to Prevent Elder Abuse, and to let him know that this is something that I think is enormously important and is seen throughout our districts. As I talk about this legislation, however, let me say what a pleasure it was for me to do a video to celebrate our virtual walk right in Houston, Texas, 2020 Walk to End Alzheimer's, where thousands will be walking in their front yards, they will be walking in backyards, they will be walking on trails, they will be walking in parks. They will be committed to ending Alzheimer's through the Houston Alzheimer's Association and the region. Mr. Speaker, I want to thank them for their great leadership. I have joined them every year at the University of Houston. These are committed and dedicated caretakers and others who want to make sure that they keep seniors safe. This bipartisan legislation strengthens the Elder Abuse Prevention and Prosecution Act passed by Congress in 2017 by providing for better collection and use of data on elder abuse and requiring the Department of Justice's Elder Justice coordinator to develop best practices and training materials for professionals treating, protecting, and caring for people living with Alzheimer's and related dementia. This is an important initiative with a companion bill. According to the National Council on Aging, seniors who have been abused have a 300 percent higher risk of death when compared to those who have not been mistreated. Combine that with COVID-19 and caretakers getting COVID-19 and sometimes strange persons coming in to take care of your loved one. This is an important initiative. During the current pandemic, the health and safety of people living with Alzheimer's and other forms of dementia are at an even greater risk. Approximately 7 out of 10 residents in long-term facilities have some form of cognitive impairment, with 29 percent having mild impairment, 23 percent moderate impairment, and 19 percent severe impairment. We know when the misguided recommendations came from the Federal Government that it was only elders that got COVID-19, we understood that, of course, that was not true, but we know COVID-19 was in nursing homes. The SPEAKER pro tempore. The time of the gentlewoman has expired. Ms. BASS. Mr. Speaker, I yield an additional 15 seconds to the gentlewoman from Texas. Ms. JACKSON LEE. Mr. Speaker, so this is, of course, a very important initiative for helping to safeguard our elder population. But more importantly, I want to say that we need to end Alzheimer's, or dementia, as we know it, and I join my colleagues in supporting this very important legislation. I know Mr. Deutch's commitment to fighting Alzheimer's, ending it in our lifetime, providing a cure, and also to end elder abuse. Mr. Speaker, I ask everyone to support H.R. 6813. Mr. Speaker, as a senior member of the Committee on the Judiciary and as a cosponsor, I rise in strong support of H.R. 6813, the ``Promoting Alzheimer's Awareness to Prevent Elder Abuse Act,'' introduced by Congressman Deutch of Florida. This bipartisan legislation strengthens the Elder Abuse Prevention and Prosecution Act passed by Congress in 2017, by providing for better collection and use of data on elder abuse and requiring the Department of Justice's Elder Justice Coordinator to develop best practices and training materials for professionals treating, protecting, and caring for people living with Alzheimer's and related dementias. Companion legislation (S. 3703) passed the Senate on August 6, 2020. Mr. Speaker, according to the National Council on Aging, seniors who have been abused have a 300 percent higher risk of death when compared to those who have not been mistreated. During the current pandemic, the health and safety of people living with Alzheimer's and other forms of dementia are at even greater risk. Approximately seven out of ten residents in long-term care facilities have some form of cognitive impairment, with 29 percent having mild impairment, 23 percent moderate impairment, and 19 percent severe impairment. According to one study, over 50 percent of nursing home staff admitted to mistreating (e.g. physical violence, mental abuse, neglect) older patients within the prior year. With current social isolation measures limiting contact with family members and other visitors, these individuals are at even greater risk of abuse and exploitation. Several federal agencies currently collect elder abuse data on an ongoing basis. Two distinct data sets include the National Adult Mistreatment Report System (NAMRS) (which collects state-level adult protective services data) and the Financial Crimes Enforcement Network (FinCEN) (which collects data on suspected elder financial exploitation submitted by financial institutions). Although many cases may go unreported, the National Adult Mistreatment Report System (NAMRS) (which collects state-level adult protective services data) reflects data on elder abuse cases reported to state and local authorities. Based on the most currently reported data, neglect comprised the highest percentage across types of elder abuse, followed by financial exploitation. Financial exploitation causes large economic losses for elders, families, businesses, and government programs, and one of the key factors that makes the elderly more susceptible to financial exploitation is cognitive decline. According to data collected by the Financial Crimes Enforcement Network (FinCEN), financial exploitation lasts longer than average in cases where the targeted person has a diminished cognitive capacity. Such person are particularly vulnerable to scams as their condition makes it more difficult for them to communicate the crimes to law enforcement or to seek critical assistance from first responders or other social services personnel. People living with Alzheimer's or dementia often have difficulty understanding or explaining situations; and their behaviors may be misunderstood as uncooperative, disruptive or combative. The Elder Abuse Prevention and Prosecution Act required the Justice Department to create training materials to help criminal justice, health care, and social services personnel assess and respond to elder abuse cases. Under the Act, the Elder Justice Coordinator is responsible for evaluating training models to determine best practices and creating or compiling and making publicly available replication guides and training materials for law enforcement officers, first responders, social workers, [[Page H5163]] prosecutors, judges, individuals working in victim services, adult protective services, medical personnel, mental health personnel, financial services personnel, and any other individuals that encounter and support people living with Alzheimer's and other types of dementia. The legislation before us builds upon existing requirements for training materials by requiring the Elder Justice Coordinator to engage in greater consultation with relevant entities and stakeholders. H.R. 6813 would also require further training materials relating to victims and witnesses who have Alzheimer's disease and related dementias. One study determined that a significant subset of individuals with dementia illnesses could reliably report on emotional events and were even able to report details of the event accurately and to recall the same event with the same accuracy after a short time delay. Crime victims with dementia should be evaluated for their ability to remember emotional events in order to determine whether they can provide testimony about the criminal events. This legislation would require the Elder Justice Coordinator to develop specific training materials for these types of cases. The bill also aligns with the latest recommendations from the National Plan to Address Alzheimer's Disease, which includes disseminating information on abuse of this vulnerable population and educating law enforcement about interacting with these individuals. Mr. Speaker, dementia-specific training materials will improve the quality of professionals' interactions with individuals living with Alzheimer's and other dementia, and will also help protect them from elder abuse and exploitation. Mr. Speaker, in this time when the nation is being ravaged by the coronavirus pandemic, greater dissemination of best practices and improved training materials will help first responders, law enforcement, medical professionals and other individuals effectively interact with people living with Alzheimer's and other dementia who are targeted by fraud and in need. I strongly support this legislation and urge all Members to join me in voting for its passage. Mr. RESCHENTHALER. Mr. Speaker, in closing, I just wanted to again reiterate what an honor it was to work with my friend and colleague, Representative Ted Deutch, on this important piece of legislation. Mr. Speaker, I once again urge my colleagues to vote ``yes'' on H.R. 6813, and I yield back the balance of my time. Ms. BASS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this issue touches millions of families across America who have a loved one living with Alzheimer's or dementia. For this vulnerable population, there is far too great a risk of elder abuse, neglect, or financial exploitation, and the current pandemic has taken a tremendous toll. Across the country, residents of long-term care facilities are facing increased risk around COVID-19, as well as greater mortality rates. Therefore, Mr. Speaker, I ask my colleagues to join me in supporting passage of H.R. 6813 today, and I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from California (Ms. Bass) that the House suspend the rules and pass the bill, H.R. 6813. The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill was passed. A motion to reconsider was laid on the table. ____________________
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