[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1987 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1987

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1999

  Mr. Durbin (for himself, Ms. Collins, Mr. Kohl, Mr. Wellstone, Mr. 
  Reid, Mr. Graham, Mr. Harkin, Ms. Mikulski, Ms. Landrieu, Mr. Dodd, 
  Mrs. Boxer, Mr. Johnson, and Mr. Cleland) introduced the following 
  bill; which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To amend the Violence Against Women Act of 1994, the Family Violence 
 Prevention and Services Act, the Older Americans Act of 1965, and the 
Public Health Service Act to ensure that older women are protected from 
institutional, community, and domestic violence and sexual assault and 
to improve outreach efforts and other services available to older women 
          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 and Disabled 
Women'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 and 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 assault of women who are older 
                            individuals.
Sec. 303. State Long-Term Care Ombudsman program.
Sec. 304. Domestic violence shelters and programs for older 
                            individuals.
Sec. 305. Authorization of appropriations.
Sec. 306. Community initiatives and outreach.
Sec. 307. Training for health professionals, and other providers of 
                            services to older individuals, on screening 
                            for elder abuse, neglect, and exploitation.
                  TITLE IV--PUBLIC HEALTH SERVICE ACT

Sec. 401. Area health education centers.
Sec. 402. Geriatric centers and training.
          TITLE V--FINANCIAL EXPLOITATION OF OLDER INDIVIDUALS

Sec. 501. Study and report.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) of the estimated more than 1,000,000 persons age 65 and 
        over who are victims of abuse each year, at least two-thirds 
        are women;
            (2) national statistics are not available on the incidence 
        of domestic or family violence and sexual assault against 
        disabled women, although several studies indicate that abuse of 
        disabled women is of a longer duration compared to abuse 
        suffered by women who are not disabled;
            (3) in almost 9 out of 10 incidents of domestic elder abuse 
        and neglect, the perpetrator is a family member and adult 
        children of the victims are the largest category of 
        perpetrators and spouses are the second largest category of 
        perpetrators;
            (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) 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;
            (6) elder abuse is severely underreported, with 1 in 5 
        cases being reported in 1980 and 1 in 8 cases being reported 
        today;
            (7) elder abuse takes on many forms, including physical 
        abuse, sexual abuse, psychological (emotional) abuse, neglect 
        (intended or unintended), and financial exploitation;
            (8) many older and disabled women fail to report abuse 
        because of shame or as a result of prior unsatisfactory 
        experiences with individual agencies or others who lacked 
        sensitivity to the concerns or needs of other people;
            (9) many older and disabled women also fail to report abuse 
        because they are dependent on their abusers and fear being 
        abandoned or institutionalized;
            (10) disabled women may fear reporting abuse because they 
        are fearful of losing their children in a custody case;
            (11) many older persons fail to report abuse because they 
        are dependent on their abusers and fear being abandoned or 
        institutionalized;
            (12) public and professional awareness and identification 
        of elder abuse and abuse against the disabled is difficult 
        because older and disabled persons are not tied into many 
        social networks (such as schools or jobs), and may become 
        isolated in their homes, which are increase the risk of abuse;
            (13) older 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) Disabled.--The term `disabled' with respect to an 
        individual has the meaning given the term `disability' in 
        section 3(2) of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102(2)).
            ``(3) 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, FAMILY 
              VIOLENCE, 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 (including tribal law enforcement officers), 
prosecutors, and relevant officers of Federal, State, tribal, 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 AND 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
            (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; 
        and
            ``(7) work with domestic violence programs to encourage the 
        development of programs, including outreach, support groups, 
        and counseling, targeted to individuals with disabilities who 
        are victims of domestic violence.''.

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 or 
disability,'' 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 
              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 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 
              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 and sexual 
        assault programs (including shelters, rape crisis centers, and 
        support groups), including mental health services, safety 
        planning and legal advocacy for older individuals and encourage 
        the use of senior housing, hotels, or other suitable facilities 
        or services when appropriate as emergency short-term shelters 
        or as are otherwise appropriate for older individuals who are 
        the victims of elder abuse, including domestic violence, and 
        sexual assault, against older individuals; and
            ``(14) promote research on legal, organizational, or 
        training impediments to providing services to older 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 COMPARE ELDER ABUSE, NEGLECT, AND 
              EXPLOITATION.

    ``(a) In General.--The Assistant Secretary shall make grants to 
nonprofit private organizations or tribal 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 individuals.
    ``(b) Award Requirement.--In awarding grants under subsection (a) 
the Assistant Secretary shall take into consideration--
            ``(1) State and tribal efforts to carry out the activities 
        described in such subsection; and
            ``(2) encouraging coordination among the State and tribal 
        efforts, State adult protective service activities, and 
        activities of private nonprofit organizations.

``SEC. 762. OUTREACH TO OLDER INDIVIDUALS.

    ``(a) In General.--The Assistant Secretary shall make grants to 
develop and implement outreach programs directed toward assisting older 
individuals who are victims of elder abuse, neglect, and exploitation 
(including domestic violence, and sexual assault, against older 
individuals), including programs directed toward assisting the 
individuals in senior housing complexes, nursing homes, board and care 
facilities, and senior centers.
    ``(b) Award Requirement.--In awarding grants under subsection (a) 
the Assistant Secretary shall take into consideration--
            ``(1) State and tribal efforts to develop and implement 
        outreach programs described in such subsection; and
            ``(2) encouraging coordination among the State and tribal 
        efforts, State adult protective service activities, and 
        activities of private nonprofit organizations.

``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, AND OTHER PROVIDERS OR 
              SERVICES TO OLDER INDIVIDUALS, 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 Assistant Secretary for Aging shall, in consultation 
with the Assistant Secretary for Children and Families, the Surgeon 
General, the Indian Health Service, the Director of the National 
Institute on Aging, the Family Violence Prevention Fund, the National 
Center on Elder Abuse, the National Coalition Against Domestic 
Violence, National Coalition Against Sexual Assault, and other 
specialists working in the areas of domestic violence and sexual 
assault against seniors and elder abuse, update and improve 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) and mental health providers (including specialists), social 
workers, clergy, domestic violence and sexual assault service 
providers, and other community-based social service providers in 
settings, including senior centers, adult day care facilities, nursing 
homes, board and care facilities, senior housing, and the homes of 
older and disabled individuals, to improve the ability of the persons 
using the curriculum and training programs to recognize and address 
instances of elder abuse, neglect, and exploitation, including domestic 
violence, and sexual assault, against older and disabled individuals.
    ``(2) In carrying out paragraph (1), the Assistant Secretary shall 
develop and implement separate curricula and training programs for 
medical students, physicians, mental health providers, physician 
assistants, nurse practitioners, nurses, and social workers.
    ``(3) In carrying out paragraph (1), the Assistant Secretary shall 
provide information about the curricula and training programs to 
appropriate grantees under parts C and D of title VII of the Public 
Health Service Act.''.

                  TITLE IV--PUBLIC HEALTH SERVICE ACT

SEC. 401. AREA HEALTH EDUCATION CENTERS.

    Subparagraphs (C) of section 751(b)(3) of the Public Health Service 
Act (as added by Public Law 105-392) is amended by inserting ``, which 
may include training in domestic violence and sexual assault and elder 
abuse screening and referral protocols.'' before the semicolon.

SEC. 402. GERIATRIC CENTERS AND TRAINING.

    (a) Geriatric Education Centers.--Section 753(a)(2)(C) of the 
Public Health Service Act (as added by Public Law 105-392) is amended 
by inserting ``, including training and retraining of faculty to 
provide instruction regarding identification and treatment of older 
individuals who are the victims of domestic violence and sexual assault 
and elder abuse'' before the semicolon.
    (b) Geriatric Training Regarding Physicians and Dentists.--Section 
753(b)(2)(E) of the Public Health Service Act (as added by Public Law 
105-392) is amended--
            (1) by striking ``and exposure'' and inserting
        ``, exposure''; and
            (2) by inserting ``, and screening for elder abuse and 
        domestic violence and sexual assault'' after ``of elderly 
        individuals''.

          TITLE V--FINANCIAL EXPLOITATION OF OLDER INDIVIDUALS

SEC. 501. STUDY AND REPORT.

    (a) Definitions.--In this section--
            (1) the term ``financial exploitation'' means any fraud, 
        coercion, or other conduct by a caregiver, family member, or 
        fiduciary that constitutes a violation of any Federal, State, 
        or tribal law, including any legally enforceable professional 
        standard applicable to any profession or occupation;
            (2) the term ``financial institution'' has the meaning 
        given the term in section 1101 of the Right to Financial 
        Privacy Act of 1978 (12 U.S.C. 3401);
            (3) the term ``older individual'' has the meaning given the 
        term in section 102 of the Older Americans Act of 1965 (42 
        U.S.C. 3002); and
            (4) the term ``Secretary'' means the Secretary of the 
        Treasury.
    (b) Study.--The Secretary, in consultation with the Attorney 
General of the United States, State attorneys general, and tribal and 
local prosecutors, shall conduct a study of the nature and extent of 
financial exploitation of older individuals.
    (c) Consultation.--In conducting the study under this section, the 
Secretary shall solicit comments and information from--
            (1) senior citizen advocacy groups;
            (2) law centers specializing in elder law;
            (3) financial institutions;
            (4) elder abuse coalitions;
            (5) privacy experts;
            (6) providers of adult protective services;
            (7) Indian tribes, the Director of Indian Health Service of 
        the Department of Health and Human Services, and the 
        Commissioner of Indian Affairs of the Department of the 
        Interior;
            (8) State Long-Term Care Ombudsmen described in the Older 
        Americans Act of 1965 (42 U.S.C. 3001 et seq.);
            (9) area agencies on aging (as defined in section 102 of 
        the Older Americans Act of 1965 (42 U.S.C. 3002);
            (10) recipients of grants under title VI of the Older 
        Americans Act of 1965 (42 U.S.C. 3057 et seq.); and
            (11) other service providers.
    (d) Purpose of Study.--In conducting the study under this section, 
the Secretary shall--
            (1) define and describe the scope of the problem of 
        financial exploitation of older individuals;
            (2) conduct a survey of financial institutions in order to 
        obtain--
                    (A) an estimate of the number and type of financial 
                transactions that are considered by those institutions 
                to constitute financial exploitation of older 
                individuals; and
                    (B) a detailed description of the types and 
                characteristics of risk faced by elderly customers with 
                respect to financial exploitation;
            (3) examine whether Federal, State, and tribal laws and the 
        regulatory practices are adequate to protect older individuals 
        from financial exploitation; and
            (4) examine the extent to which a better public 
        understanding of Federal, State, and tribal laws would help to 
        prevent financial exploitation of older individuals, including 
        an examination regarding whether improved training of officers, 
        employees, and agents of financial institutions concerning 
        their responsibilities under section 1103 of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3403) would help to 
        combat the problem of financial exploitation of older 
        individuals.
    (e) Recommendations.--
            (1) In General.--Based on the results of the study under 
        this section, the Secretary, in consultation with the Attorney 
        General and State attorneys general, shall develop 
        recommendations for legislative or other action to prevent the 
        financial exploitation of older individuals.
            (2) Factors for Consideration.--In developing the 
        recommendations under paragraph (1), the Secretary shall--
                    (A) balance the needs of older individuals to be 
                free from financial exploitation with their need for 
                financial privacy, and their right against self-
                incrimination;
                    (B) consider the most effective and least intrusive 
                legislative solutions to combat the problem of 
                financial exploitation of older individuals;
                    (C) with respect to their reporting of incidences 
                of financial exploitation of older individuals, 
                consider--
                            (i) the appropriate Federal, State, or 
                        tribal agency to which such incidences should 
                        be reported, and the means by which a financial 
                        institution would obtain information regarding 
                        the manner in which to report such incidence; 
                        and
                            (ii) whether there should be limitations on 
                        the authority of a financial institution to 
                        disclose information relating to an older 
                        individual who is a customer of the financial 
                        institution in order to combat the problem of 
                        financial exploitation of older individuals, 
                        including limitations on--
                                    (I) the number of times such a 
                                disclosure may be made;
                                    (II) the number and type of 
                                governmental or tribal agencies to 
                                which such a disclosure may be made; 
                                and
                                    (III) the duration of the authority 
                                of the financial institution to make 
                                such a disclosure; and
                    (D) whether there is a need for adult protective 
                services to combat such exploitation.
    (f) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to Congress a report, which 
shall include--
            (1) the results of the study conducted under this section, 
        including an analysis of the extent of the problem of financial 
        exploitation of older individuals; and
            (2) the recommendations developed under subsection (e).
                                 <all>