Emanuel Introduces Elder Justice Act
“This bipartisan legislation will shine a light on elder abuse in this country”—Emanuel

WASHINGTON, D.C.—This week U.S. Representative Rahm Emanuel (D-IL) introduced H.R. 2490, the Elder Justice Act, a bipartisan bill that comprehensively addresses the issues of elder abuse, neglect and exploitation.  To date, no federal law has been enacted that encompasses staffing and other urgent problems in nursing homes, provides resources to law enforcement and local prosecutors, and supports victims of elder abuse.

“This bill will bring focus to the problem of elder abuse and elevate it to the same level as other family violence issues, like domestic violence and child abuse,” said Rep. Emanuel.  “Elder abuse remains under-researched, under-reported, under-funded and under-prosecuted.”

The Elder Justice Act has two primary goals: to make elder abuse a federal crime; and provide for law enforcement to work hand-in-hand with health and social service agencies that have traditionally fought alone against neglect of elders.  After 25 years of congressional hearings on elder abuse without a legislative response, the Elder Justice Act marks the beginning of a new focus on the detection and prevention of elder abuse.

In order to do that, the bill proposes the creation of two Offices of Elder Justice in the Departments of Justice and Health and Human Services, and one Elder Justice Coordinating Council that will serve as the federal liaison office for state & local entities.

Emanuel is the lead sponsor of the bi-partisan Elder Justice Act in the U.S. House of Representatives, which is a companion bill to S. 333, sponsored by U.S. Senator John Breaux (D-LA) and Orrin Hatch (R-UT).

"I'm proud to be the lead Republican on legislation that will ensure our elder community is protected from abuse and neglect,” said Rep. Peter King (R-NY).

“Thousands of crimes against seniors go unaddressed each and every day,” said Sen. Breaux.  “These elder justice measures tackle these crimes, increase our knowledge base and provide seniors the protections they need to live safely and securely.  Since not one single employee in the federal government is devoted full time to this issue, far too many of these cases of elder abuse will go unaddressed and far too many people will suffer unless we act and act now.  I applaud the efforts of Rahm Emanuel, Roy Blunt, Peter King and their colleagues in the House for their efforts to support such critical legislation.”   

Between 500,000 and 5 million cases of elder abuse occur in nursing institutions and private homes each year, but 84% of the cases are never reported1.   The most recent national compilation of the more than 500,000 nursing home deaths – for 1999 – lists starvation, dehydration or bedsores as the cause on 4,138 death certificates, including 186 such deaths in Illinois2.  
     
Other provisions of the legislation include:
 >Data Collection—Establishes a national data repository to collect comprehensive information on elder neglect and abuse, and to provide the facts to law enforcement, regulators, consumers, researchers, and others.
 >Prosecution—Increases prosecution of criminal neglect and abuse by providing training, as well as technical and investigative coordination with law enforcement.
 >Forensics—Develops a forensic program, which would use science and technology to investigate criminal elder neglect and abuse, similar to programs for child abuse.
 >Training—Trains health professionals in aspects of forensic pathology and geriatrics.

The bill will also provide a study to review state practices and laws, specifically mandatory reporting laws; guardianship and banking practices.  Recommendations will be made to assist Congress in determining any need for future legislation based on successful state practices.

The legislation has been endorsed by The Elder Justice Coalition, an advocacy group representing more than 160 organizations and individuals focused on elder abuse prevention.  “The Elder Justice Act is groundbreaking legislation that will result in a new more visible and supportive federal government role in the national fight against elder abuse, neglect and exploitation,” said Bob Blancato, national coordinator for the Coalition.

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H.R. 2490, The Elder Justice Act, introduced on June 17, 2003, by Rep. Rahm Emanuel (IL).  Cosponsors (46) include:  (alphabetical, Republicans are bolded-13):  U.S. Reps. Anibal Acevido-Vila (PR), Gary Ackerman (NY), Chris Bell (TX), Bob Beauprez (CO), Timothy H. Bishop (NY), Roy Blunt (MO), Ginny Brown-Waite (FL), Brad Carson (OK), Tom Cole (TX), Robert E. (Bud) Cramer, Jr., (AL) Joe Crowley (NY), Artur Davis (AL), Rosa DeLauro (NY), Lane Evans (IL), Eni F. H. Faleomavaega (AS), Martin Frost (TX), Raul Grijalva (TX), Katherine Harris (FL), Ruben Hinojosa (TX), Steny Hoyer (MD), Steve Israel (NY), Sheila Jackson-Lee (TX), Christopher John (LA), Dale Kildee (MI), Peter King (NY), Mark Kirk (IL), Carolyn Maloney (NY), Carolyn McCarthy (NY), John M. McHugh (NY), Michael R. McNulty (NY), Candice S. Miller (MI), George Miller (CA), Jerrold Nadler (NY), Major R. Owens (NY), Charles S. Rangel (NY), Rick Renzi (AZ), Thomas M. Reynolds (NY), Mike Ross (AR), Linda T. Sanchez (CA), Adam B. Schiff (CA), John Shimkus (IL), Fortney Pete Stark (CA), James T. Walsh (NY), Diane E. Watson (CA), Henry A. Waxman (CA), Anthony D. Weiner (NY)

S. 333, The Elder Justice Act, introduced on February 10, 2003, by Senators John Breaux (LA). Cosponsors (25) include: (alphabetical, Republicans are bolded-8) Sen. Max Baucus (MT), Sen. Jeff Bingaman, (NM), Sen. Christopher S. Bond (MO), Sen. Jim Bunning (KY), Sen. Conrad R. Burns (MT), Sen. Hillary Clinton (NY), Sen. Susan M. Collins (ME), Sen. Pete V. Domenici (NM), Sen. Richard J. Durbin (IL), Sen. Peter Fitzgerald (IL), Sen. Tom Harkin (IA), Sen. Orrin G. Hatch (UT), Sen. Ernest F. Hollings (SC), Sen. James M. Jeffords (VT), Sen. Herb Kohl (WI), Sen. Mary Landrieu (LA), Sen. Blanche Lincoln (AR), Sen. Barbara Mikulski (MD), Sen. Zell Miller (GA), Sen. Bill Nelson (FL), Sen. Jay Rockefeller (WV), Sen. Rick Santorum (PA), Sen. Charles E. Schumer (NY), Sen. Gordon Smith (OR) and Sen. Debbie Stabenow (MI).