Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mr. GRASSLEY. Mr. President, I have fought for years to protect our Nation's seniors from abuse and exploitation--initially, as former Chairman of the Senate Aging Committee, former Chairman of Senate Finance Committee, and more recently, as Chairman of the Senate Judiciary Committee.

Two weeks ago, I chaired a Judiciary Committee hearing on Protecting Older Americans from Financial Exploitation. At the hearing, we heard about numerous scams in which seniors were targeted time after time, resulting in their being defrauded, often with devastating consequences. We also heard that many older Americans don't report instances of elder abuse or exploitation due to embarrassment, a refusal to acknowledge that they were victimized, or reliance on the perpetrator as their caretaker.

Sadly, these accounts of elder abuse are nothing new. What has changed is that the scams targeting seniors are becoming increasingly sophisticated. That is one of the reasons why elder financial exploitation has been dubbed ``the crime of the 21st century.''

I have made it a top priority to get the federal government to step up its efforts to fight the abuse, neglect, and financial exploitation of our Nation's seniors.

To this end, I recently called on the Justice Department to outline its efforts to prevent and respond to instances of elder abuse. First, I sent a letter to the Department to find out what it's doing to protect seniors from a new and particularly troubling form of exploitation: the photographing and online publication of nursing home residents in embarrassing and compromising situations.

I also sent a letter to inquire about the Department's efforts to fight imposter scams, in which fraudsters pose as employees of the IRS or another government agency, in order to deprive ordinary Americans of millions of dollars of their hard earned money.

Most recently, I asked about the data the Department is collecting on financial exploitation, as well as how this data is being used to support Federal efforts to protect America's seniors.

In its response to my inquiries, the Justice Department effectively admitted that it falls short in several respects. The Department said that it ``does not collect data on the prevalence of elder financial exploitation nationwide.'' Further, the Department said that it can't provide statistical information on the number of cases it has prosecuted for elder financial exploitation.

What all this means is that we are not getting the full picture of elder financial exploitation.

We do know that some older Americans' trusting and polite nature, combined with their hard-earned retirement savings, make them particularly attractive targets for fraudsters. We also know that the abuse and exploitation of older Americans is on the rise and it can take many forms.

Financial exploitation is the most widespread form of elder abuse, costing America's seniors between an estimated $2.9 billion and $36 billion annually. But, sadly, its costs aren't limited to the negative effect on seniors' bank accounts. Victims suffer all sorts of negative effects, including diminished health, loss of independence, and psychological distress.

It is estimated that up to 37 percent of seniors in the United States are affected by some form of financial exploitation in any 5-year period.

In my home State of Iowa, so-called grandparent scams are on the rise. In these scams, fraudsters present themselves to an older American as a grandchild in distress, hoping to convince the grandparent to send cash or give out a credit card number.

Con artists are also using sweepstakes scams to steal money from seniors. A senior is called and told they have won a prize or sum of money. But before they can claim the supposed prize, the victim is required to pay taxes or processing fees. Once the money is paid to cover the taxes and fees, however, no prize ever materializes.

Other instances of elder financial exploitation are more personal in nature and have especially devastating effects. Some victims are pressured into signing over a deed, modifying a will, or giving a power of attorney. Americans have lost their farms, homes, and life savings to this form of fraud.

In short, elder abuse and exploitation is a serious problem, and it demands a strong response. It requires all of us to work together in a collaborative way.

So, today I am proud to introduce the Elder Abuse Prevention and Prosecution Act. I thank my colleagues--Senators Blumenthal, Cornyn, Klobuchar, Rubio, and Bennet for collaborating with me on this comprehensive bill's development and joining as original cosponsors. It takes a multi-pronged, bipartisan approach to combating the abuse and financial exploitation of our nation's senior citizens.

We've heard a need for specialized prosecutors and more focused efforts to combat abuse and exploitation. That is why the bill directs the Attorney General to designate at least one federal prosecutor in each U.S. Attorney's Office to serve as an Elder Justice Coordinator for that district.

To ensure that elder abuse is a priority for the Federal Trade Commission and the Justice Department, the bill also calls for each agency to have an Elder Justice Coordinator.

We also need to send a strong message that efforts to target our Nation's seniors won't be tolerated. That is why the bill enhances elder victims' access to restitution and increases penalties for criminals who use telemarketing or email in their schemes to defraud seniors.

The bill also requires that the Justice Department partner with the Department of Health and Human Services to provide training and technical assistance to State and local governments on the investigation, prevention, prosecution, and mitigation of elder abuse and neglect.

Finally we have heard about the need for more data on financial exploitation and the government's response. Gathering accurate information about elder abuse is not only crucial to understanding the scope of the problem, but it is also essential in determining where resources should be allocated. So, the bill helps to accomplish that. It requires that data be collected from federal prosecutors and law enforcement in cases where an older American was the target of abuse or exploitation.

These and other reforms included in the bill are the product of bipartisan discussion, as well as insight from key stakeholders and those who've been battling on the front lines.

This 21st century crime requires a 21st century response. The Elder Abuse Prevention and Prosecution Act takes a strong step toward protecting our Nation's seniors, and I urge my colleagues to support this bill. ______

By Mr. GRASSLEY (for himself, Mrs. Ernst, Mr. Lee, Mr. Wicker, Mr. Vitter, Mr. Hatch, Mr. Moran, Mr. Perdue, Mr. Inhofe, and Mr. Sessions):

S. 3276. A bill to make habitual drunk drivers inadmissible and removable and to require the detention of any alien who is unlawfully present in the United States and has been charged with driving under the influence or driving while intoxicated; to the Committee on the Judiciary.

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Mr. GRASSLEY. Mr. President, the Obama administration is putting Americans into harm's way by releasing drunk drivers who are in the country illegally back onto our streets. This is unbelievable when you consider that every two minutes, a person is injured by a drunk driver, and every day in America, 27 people die as a result of a drunk driving crash. These numbers translate into real people.

I would like to talk about my constituent, Sarah Root, who was killed by a drunk driver the day she graduated from college. On January 31, 2016, Eswin Mejia, a Honduran national in the United States illegally, was drag racing in Omaha, NE, with a blood alcohol level more than three times the legal limit. He struck 21-year-old Sarah Root's vehicle from behind and she was killed. Mejia was charged with felony motor vehicle homicide. Although state authorities reportedly contacted ICE several times and requested the agency take custody of him prior to his release from state custody, ICE refused. He was released on bond and is now a fugitive from justice.

In Kentucky, Chelsea Hogue and Meghan Lake were seriously injured by a drunk driver in the country illegally who had been previously deported five times in one week. On February 7, 2016, Jose Munoz Aguilar was arrested for drunk driving and colliding with a car occupied by the two young women, causing injuries to both women and putting one in a coma. Although Jose Aguilar was transferred to ICE custody, he was promptly released because he didn't meet the Obama administration's enforcement priorities. He remains at large.

In May, three people from a Texas family were killed by a suspected drunk driver who had an outstanding warrant for a previous drunk driving conviction. He had three prior DWI offenses. One of the three family members--18 year old Mauricio Ramirez--was scheduled to graduate from high school just a few short weeks later.

In Houston this May, an illegal immigrant who was driving drunk and evading authorities injured a high school senior and killed a young girl who were on their way home from prom. The driver had been previously deported and attempted to run from the scene.

On February 24, 2016, Esmid Valentine Pedraza was arrested in San Francisco, California, for the murder of Stacey Aguilar. Prior to allegedly committing the murder, Pedraza was reportedly arrested by ICE and placed in removal proceedings in August 2013 after Pedraza's conviction for DUI in Alameda County, California. Although ICE could have continued to detain him, ICE released him back onto the streets after he posted bond.

Mesa, AZ Police Department Sergeant Brandon Mendoza lost his life to an illegal immigrant who was driving the wrong way down a one-way street. The driver was three times over the legal limit and high on meth when he struck Sgt. Mendoza head on. Sgt. Mendoza had just finished his shift of keeping citizens and his community safe.

Police Officer Kevin Will of Houston, TX, was struck and killed by a drunk driver as he investigated a hit-and-run accident. The driver was in the country illegally.

In Phoenix, Police Officer Daryl Raetz was killed by a man who admitted to being drunk and high, and was in the country illegally. Officer Raetz was an Iraq war veteran and had been a police officer for 6 years. He left behind a wife and daughter.

Nobody argues that drunk driving is not a public safety risk, so it is remarkable that the Obama administration's own immigration enforcement priorities fail to take perpetrators off the street. Families coping with the grief of losing a loved one to such a senseless crime must also live with the reality that their government is quick to release offenders back into our communities.

Today, along with several other Senators, I am introducing the Taking Action Against Drunk Drivers Act. Our bill would ensure that federal immigration authorities take custody and hold anyone in the country illegally who has been charged with driving under the influence, DUI, or driving while intoxicated, DWI, taking them off the streets and protecting the public.

Additionally, my bill would make immigrants with three DUI or DWI convictions inadmissible to and removable from the country. Finally, it would make three DUI or DWI convictions an aggravated felony under the Immigration and Nationality Act. This will allow for expedited removal and preclude eligibility for certain benefits and permanently bar legal admission into the country.

We cannot let this current system that promotes the reckless death of innocent Americans continue. I encourage my colleagues to join me in an effort to protect our citizens from these dangerous people. ______

By Mr. REID (for himself, Mr. Cardin, Mr. Bennet, Mr. Schumer, Mr. Wyden, Ms. Stabenow, Ms. Klobuchar, Mr. Warner, Mr. Coons, Mr. Blumenthal, Mr. Schatz, Ms. Baldwin, Mr. Markey, and Mr. Booker):

S. 3281. A bill to extend the Iran Sanctions Act of 1996; to the Committee on Banking, Housing, and Urban Affairs.

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