[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2590 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2590

 To amend the Violence Against Women Act of 1994, the Family Violence 
   Prevention and Services Act, the Older Americans Act of 1965, the 
 Public Health Service Act, and the Right to Financial Privacy Act of 
   1978 to ensure that older or disabled persons are protected from 
institutional, community, and domestic violence and sexual assault and 
 to improve outreach efforts and other services available to older or 
 disabled persons victimized by such violence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1999

  Mrs. Maloney of New York (for herself, Mrs. Morella, Ms. Millender-
  McDonald, Ms. Kaptur, Mrs. Christensen, Mr. Sandlin, Mr. Frost, Mr. 
Waxman, Mr. Borski, Mr. Filner, Mr. Romero-Barcelo, Mr. Underwood, Mr. 
   Sanders, and Mr. Lantos) introduced the following bill; which was 
   referred to the Committee on Education and the Workforce, and in 
addition to the Committees on the Judiciary, Commerce, and Banking and 
 Financial Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Violence Against Women Act of 1994, the Family Violence 
   Prevention and Services Act, the Older Americans Act of 1965, the 
 Public Health Service Act, and the Right to Financial Privacy Act of 
   1978 to ensure that older or disabled persons are protected from 
institutional, community, and domestic violence and sexual assault and 
 to improve outreach efforts and other services available to older or 
 disabled persons victimized by such violence, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Older American's 
Protection From Violence Act of 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
              TITLE I--VIOLENCE AGAINST WOMEN ACT OF 1994

Sec. 101. Elder abuse, neglect, and exploitation.
         TITLE II--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

Sec. 201. Definitions.
Sec. 202. Domestic abuse services for older or disabled individuals.
Sec. 203. State grants.
Sec. 204. Demonstration grants for community initiatives.
                 TITLE III--OLDER AMERICANS ACT OF 1965

Sec. 301. Definitions.
Sec. 302. Research about the sexual abuse of women who are older or 
                            disabled individuals.
Sec. 303. State Long-Term Care Ombudsman program.
Sec. 304. Domestic violence shelters and programs for older or disabled 
                            individuals.
Sec. 305. Authorization of appropriations.
Sec. 306. Community initiatives and outreach.
Sec. 307. Training for health professionals on screening for elder 
                            abuse, neglect, and exploitation.
                  TITLE IV--PUBLIC HEALTH SERVICE ACT

Sec. 401. Short title.
Sec. 402. Establishment, for certain health professions programs, of 
                            provisions regarding identification and 
                            referral for elder abuse and neglect.
           TITLE V--RIGHT TO FINANCIAL PRIVACY ACT OR 1978  

Sec. 501. Financial disclosures by financial institutions of suspected 
                            cases of financial exploitation of older or 
                            disabled individuals.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is estimated that at least 5 percent of the Nation's 
        elderly are victims of moderate to severe abuse and that the 
        rate for all forms of abuse may be as high as 10 percent;
            (2) elder abuse takes on many forms, including physical 
        abuse, sexual abuse, psychological (emotional) abuse, neglect 
        (intended or unintended), and financial exploitation;
            (3) of the more than 1,000,000 persons age 65 and over who 
        are victims of abuse each year, at least two-thirds are women;
            (4) the number of reports of elder abuse in the United 
        States increased by 150 percent between 1986 and 1996 and is 
        expected to continue growing;
            (5) elder abuse is severely underreported, with only a 
        fraaction of cases reported, according to the most recent 
        studies;
            (6) many older or disabled persons, particularly women and 
        minorities, fail to report abuse because of shame, privacy 
        concerns, or as a result of prior unsatisfactory experiences 
        with individuals, agencies or others who lacked sensitivity to 
        the concerns or needs of older or disabled people;
            (7) many older or disabled persons fail to report abuse 
        because they are dependent on their abusers and fear being 
        abandoned or institutionalized;
            (8) public and professional awareness and identification of 
        elder abuse is difficult because older or disabled persons are 
        not tied into many social networks (such as schools or jobs), 
        and may become isolated in their homes, which can increase the 
        risk of elder abuse;
            (9) there are relatively few statistics and research 
        studies regarding violence against older or disabled persons; 
        and
            (10) older or disabled persons would greatly benefit from 
        policies that develop, strengthen, and implement programs for 
        the prevention of abuse, including neglect and exploitation, 
        and provide related assistance for victims.

              TITLE I--VIOLENCE AGAINST WOMEN ACT OF 1994

SEC. 101. ELDER ABUSE, NEGLECT, AND EXPLOITATION.

    The Violence Against Women Act of 1994 (108 Stat. 1902) is amended 
by adding at the end the following:

    ``Subtitle H--Elder Abuse, Neglect, and Exploitation, Including 
    Domestic Violence and Sexual Assault Against older or Disabled 
                              Individuals

``SEC. 40801. DEFINITIONS.

    ``In this subtitle:
            ``(1) In general.--The terms `elder abuse, neglect, and 
        exploitation', `domestic violence', and `older individual' have 
        the meanings given the terms in section 102 of the Older 
        Americans Act of 1965 (42 U.S.C. 3002).
            ``(2) Sexual assault.--The term `sexual assault' has the 
        meaning given the term in section 2003 of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

``SEC. 40802. LAW SCHOOL CLINICAL PROGRAMS ON ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    ``The Attorney General shall make grants to law school clinical 
programs for the purposes of funding the inclusion of cases addressing 
issues of elder abuse, neglect, and exploitation, including domestic 
violence, and sexual assault, against older or disabled individuals.

``SEC. 40803. TRAINING PROGRAMS FOR LAW ENFORCEMENT OFFICERS.

    ``The Attorney General shall develop curricula and offer, or 
provide for the offering of, training programs to assist law 
enforcement officers, prosecutors, and relevant officers of Federal, 
State, and local courts in recognizing, addressing, investigating, and 
prosecuting instances of elder abuse, neglect, and exploitation, 
including domestic violence, and sexual assault, against older or 
disabled individuals.

``SEC. 40804. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as may be 
necessary to carry out this subtitle.''.

         TITLE II--FAMILY VIOLENCE PREVENTION AND SERVICES ACT

SEC. 201. DEFINITIONS.

    Section 309 of the Family Violence Prevention and Services Act (42 
U.S.C. 10408) is amended by adding at the end the following:
            ``(7) The term `elder domestic abuse' means domestic 
        violence, as defined in section 102 of the Older Americans Act 
        of 1965 (42 U.S.C. 3002), against an older individual, as 
        defined in such section.''.

SEC. 202. DOMESTIC ABUSE SERVICES FOR OLDER OR DISABLED INDIVIDUALS.

    Section 311(a) of the Family Violence Prevention and Services Act 
(42 U.S.C. 10410(a)) is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) work with domestic violence programs to encourage the 
        development of programs, including outreach, support groups, 
        and counseling, targeted to victims of elder domestic abuse.''.

SEC. 203. STATE GRANTS.

    Section 303(a)(2)(C) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10402(a)(2)(C)) is amended by inserting ``age,'' after 
``because of''.

SEC. 204. DEMONSTRATION GRANTS FOR COMMUNITY INITIATIVES.

    Section 318(b)(2)(F) of the Family Violence Prevention and Services 
Act (42 U.S.C. 10418(b)(2)(F)) is amended by inserting ``and adult 
protective services entities'' before the semicolon.

                 TITLE III--OLDER AMERICANS ACT OF 1965

SEC. 301. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended by adding at the end the following:
            ``(45) The term `domestic violence' means an act or threat 
        of violence, not including an act of self defense, committed--
                    ``(A) by a current or former spouse of the victim;
                    ``(B) by a person related by blood or marriage to 
                the victim;
                    ``(C) by a person who is cohabiting with or has 
                cohabited with the victim;
                    ``(D) by a person with whom the victim shares a 
                child in common;
                    ``(E) by a person who is or has been in the social 
                relationship of a romantic or intimate nature with the 
                victim; or
                    ``(F) by a person similarly situated to a spouse of 
                the victim, or by any other person, if the domestic or 
                family violence laws of the jurisdiction of the victim 
                provide for legal protection of the victim from the 
                person.
            ``(46) The term `sexual assault' has the meaning given the 
        term in section 2003 of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3796gg-2).''.

SEC. 302. RESEARCH ABOUT THE SEXUAL ASSAULT OF WOMEN WHO ARE OLDER OR 
              DISABLED INDIVIDUALS.

    Section 202(d)(3)(C) of the Older Americans Act of 1965 (42 U.S.C. 
3012(d)(3)(C)) is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(iii) in establishing research priorities under clause 
        (i), consider the importance of research about the sexual 
        assault of women who are older or disabled individuals.''.

SEC. 303. STATE LONG-TERM CARE OMBUDSMAN PROGRAM.

    Section 303(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 
3023(a)(1)) is amended by inserting before the period the following: 
``, except that for grants to carry out section 321(a)(10), there are 
authorized to be appropriated such sums as may be necessary without 
fiscal year limitation''.

SEC. 304. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS FOR OLDER OR DISABLED 
              INDIVIDUALS.

    Section 422(b) of the Older Americans Act of 1965 (42 U.S.C. 
3035a(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (11);
            (2) by striking the period at the end of paragraph (12) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(13) expand access to domestic violence shelters and 
        programs for older or disabled individuals and encourage the 
        use of senior housing, nursing homes, or other suitable 
        facilities or services when appropriate as emergency short-term 
        shelters or measures for older or disabled individuals who are 
        the victims of elder abuse, including domestic violence, and 
        sexual assault, against older or disabled individuals; and
            ``(14) promote research on legal, organizational, or 
        training impediments to providing services to older or disabled 
        individuals through shelters and programs, such as impediments 
        to provision of the services in coordination with delivery of 
        health care or senior services.''.

SEC. 305. AUTHORIZATION OF APPROPRIATIONS.

    (a) Ombudsman Program.--Section 702(a) of the Older Americans Act 
of 1965 (42 U.S.C. 3058a(a)) is amended to read as follows:
    ``(a) Ombudsman Program.--There are authorized to be appropriated 
to carry out chapter 2 such sums as may be necessary without fiscal 
year limitation.''.
    (b) Elder Abuse Prevention Program.--Section 702(b) of the Older 
Americans Act of 1965 (42 U.S.C. 3058a(b)) is amended to read as 
follows:
    ``(b) Prevention of Elder Abuse, Neglect, and Exploitation.--There 
are authorized to be appropriated to carry out chapter 3 such sums as 
may be necessary without fiscal year limitation.''.

SEC. 306. COMMUNITY INITIATIVES AND OUTREACH.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by redesignating subtitle C as subtitle D;
            (2) by redesignating sections 761 through 764 as sections 
        771 through 774, respectively; and
            (3) by inserting after subtitle B the following:

            ``Subtitle C--Community Initiatives and Outreach

``SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    ``The Secretary shall make grants to nonprofit private 
organizations to support projects in local communities, involving 
diverse sectors of each community, to coordinate activities concerning 
intervention in and prevention of elder abuse, neglect, and 
exploitation, including domestic violence, and sexual assault, against 
older or disabled individuals.

``SEC. 762. OUTREACH TO OLDER OR DISABLED INDIVIDUALS.

    ``The Secretary shall make grants to develop and implement outreach 
programs directed toward assisting older or disabled individuals who 
are victims of elder abuse, neglect, and exploitation (including 
domestic violence, and sexual assault, against older or disabled 
individuals), including programs directed toward assisting the 
individuals in senior housing complexes, nursing homes, board and care 
facilities, and senior centers.

``SEC. 763. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle such sums as may be necessary without fiscal year 
limitation.''.

SEC. 307. TRAINING FOR HEALTH PROFESSIONALS ON SCREENING FOR ELDER 
              ABUSE, NEGLECT, AND EXPLOITATION.

    Section 411 of the Older Americans Act of 1965 (42 U.S.C. 3031) is 
amended by adding at the end the following:
    ``(f)(1) The Secretary shall, in consultation with the Assistant 
Secretary, develop curricula and implement continuing education 
training programs for adult protective service workers, persons 
carrying out a State Long-Term Care Ombudsman program, health care 
providers (including home health care providers), social workers, 
clergy, domestic violence service providers, and other community-based 
social service providers in settings, including senior centers, adult 
day care facilities, nursing homes, board and care facilities, and 
senior housing, to improve their ability to recognize and address 
instances of elder abuse, neglect, and exploitation, including domestic 
violence, and sexual assault, against older or disabled individuals.
    ``(2) In carrying out paragraph (1), the Secretary shall develop 
and implement separate curricula and training programs for medical 
students, physicians, physician assistants, nurse practitioners, and 
nurses.
    ``(3) In carrying out paragraph (1), the Secretary shall provide 
information about the curricula and training programs to entities 
described in sections 791(c)(2) and 860(f)(2) of the Public Health 
Service Act (42 U.S.C. 295j(c)(2) and 298b-7(f)(2)) that seek grants or 
contracts under title VII or VIII of such Act.''.

                  TITLE IV--PUBLIC HEALTH SERVICE ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Elder Abuse Identification and 
Referral Act of 1998''.

SEC. 402. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF 
              PROVISIONS REGARDING IDENTIFICATION AND REFERRAL FOR 
              ELDER ABUSE AND NEGLECT.

    Section 791 of the Public Health Service Act (42 U.S.C. 295j) is 
amended by adding at the end the following:
    ``(d) Preferences Regarding Training in Identification and Referral 
of Victims of Elder Abuse and Neglect.--
            ``(1) In general.--In the case of a health professions 
        entity specified in paragraph (2), the Secretary shall, in 
        making awards of grants or contracts under this title, give 
        preference to any such entity (if otherwise a qualified 
        applicant for the award involved) that has in effect the 
        requirement that, as a condition of receiving a degree or 
        certificate (as applicable) from the entity, each student has 
        had significant training (such as training conducted in 
        accordance with curricula or programs authorized under section 
        411(f) of the Older Americans Act of 1965 (42 U.S.C. 3031(f))), 
        in carrying out the following functions as a provider of health 
        care:
                    ``(A) Identifying victims of elder abuse and 
                neglect, including domestic violence, and sexual 
                assault, against older or disabled individuals, and 
                maintaining complete medical records that include 
                documentation of the examination, treatment given, and 
                referrals made, and recording the location and nature 
                of the victim's injuries.
                    ``(B) Examining and treating such victims, within 
                the scope of the health professional's discipline, 
                training, and practice, including, at a minimum, 
                providing medical advice regarding the dynamics and 
                nature of elder abuse and neglect, including domestic 
                violence, and sexual assault, against older or disabled 
                individuals.
                    ``(C) Referring the victims to public and nonprofit 
                private entities that provide services for such 
                victims.
            ``(2) Relevant health professions entities.--For purposes 
        of paragraph (1), a health professions entity specified in this 
        paragraph is any entity that is a school of medicine, a school 
        of osteopathic medicine, a graduate program in mental health 
        practice, a school of nursing (as defined in section 298b), a 
        program for the training of physician assistants, or a program 
        for the training of allied health professionals.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of the enactment of the Elder Abuse Identification and 
        Referral Act of 1998, the Secretary shall submit to the 
        Committee on Commerce of the House of Representatives, and the 
        Committee on Labor and Human Resources of the Senate, a report 
        specifying--
                    ``(A) the health professions entities that are 
                receiving preference under paragraph (1);
                    ``(B) the number of hours of training required by 
                the entities for purposes of such paragraph;
                    ``(C) the extent of clinical experience so 
                required; and
                    ``(D) the types of courses through which the 
                training is being provided.
            ``(4) Definitions.--In this subsection:
                    ``(A) In general.--The terms `abuse', `neglect', 
                `domestic violence', and `older individual' have the 
                meanings given the terms in section 102 of the Older 
                Americans Act of 1965 (42 U.S.C. 3002).
                    ``(B) Elder abuse and neglect.--The term `elder 
                abuse and neglect' means abuse and neglect of an older 
                or disabled individual.
                    ``(C) Sexual assault.--The term `sexual assault' 
                has the meaning given the term in section 2003 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3796gg-2).''.

            TITLE V--RIGHT TO FINANCIAL PRIVACY ACT OF 1978

SEC. 501. FINANCIAL DISCLOSURES BY FINANCIAL INSTITUTIONS OF SUSPECTED 
              CASES OF FINANCIAL EXPLOITATION OF OLDER OR DISABLED 
              INDIVIDUALS.

    Section 1103(d) of the Right to Financial Privacy Act of 1978 (12 
U.S.C. 3403(d)) is amended by inserting after paragraph (2) the 
following:
    ``(3) Nothing in this title shall preclude a financial institution, 
or officer, employee, or agent thereof, from reporting suspected 
financial exploitation of an older or disabled individual to State, 
Federal, or local law enforcement entities, or government-regulated 
adult protective services entities. Such report may include only the 
name or other identifying information concerning an older or disabled 
individual, the account involved, and the nature of any suspected 
financial exploitation, including pertinent documentation. Any 
financial institution, or officer, employee, or agent thereof, making a 
disclosure of information and documentation pursuant to this paragraph 
shall not be liable to the customer under any law or regulation of the 
United States or any constitution, law, or regulation of any State or 
political subdivision thereof, for such disclosure. For purposes of 
this paragraph, the term ``older or disabled individual'' means an 
individual who is 65 years of age or older or disabled, and the term 
``exploitation'' means any fraud, abuse, or other conduct that 
constitutes a violation of any Federal or State law, including any 
legally enforceable professional standard applicable with regard to any 
profession or occupation, and the unauthorized use of an older or 
disabled individual's funds, property, or resources for another 
person's profit or advantage.''.
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