158
SEC. 606–2. ESTABLISHMENT, FOR CERTAIN HEALTH PRO-
FESSIONS PROGRAMS, OF PROVISIONS RE-
GARDING IDENTIFICATION AND REFERRAL
FOR ELDER ABUSE AND NEGLECT.
(a) TITLE VII PROGRAMS; PREFERENCES IN FINAN-
CIAL AWARDS.—Section 791 of the Public Health Service
Act (42 U.S.C. 295j), as amended in title VIII of this Act,
is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following sub-
section:
‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary 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 in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training (such as training conducted in ac-
cordance 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 fol-
lowing functions as a provider of health care:
159
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence, and sexual
assault, against older individuals, and maintain-
ing complete medical records that include docu-
mentation 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 dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of medicine, a school of osteo-
pathic medicine, a graduate program in mental
health practice, a school of nursing (as defined in
section 298b), a program for the training of physi-
cian assistants, or a program for the training of al-
lied health professionals.
160
‘‘(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 Com-
merce 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 re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; 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 individ-
ual’ have the meanings given the terms in sec-
tion 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 individual.
161
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
(b) TITLE VIII PROGRAMS; PREFERENCES IN FI-
NANCIAL AWARDS.—Section 860 of the Public Health
Service Act (42 U.S.C. 298b–7) as amended by title VIII
of this Act is amended by adding at the end the following:
‘‘(g) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary 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 in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training (such as training conducted in ac-
cordance with curricula or programs authorized
under section 411(g) of the Older Americans Act of
1965 (42 U.S.C. 3031(f))), in carrying out the fol-
lowing functions as a provider of health care:
162
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence, and sexual
assault, against older individuals, and maintain-
ing complete medical records that include docu-
mentation 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 dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of nursing or other public or
nonprofit private entity that is eligible to receive an
award described in such paragraph.
‘‘(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
163
Secretary shall submit to the Committee on Com-
merce 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 re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; 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 individ-
ual’ have the meanings given the terms in sec-
tion 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 individual.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
164
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
(c) CONFORMING AMENDMENT.—Section 411(f) of
the Older Americans Act of 1965 (as added by section
605–4) is amended by adding at the end the following:
‘‘(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 con-
tracts under title VII or VIII of such Act.’’.
Subtitle B—Protection Against Vio-
lence and Abuse for Women
With Disabilities
SEC. 611. SHORT TITLE.
This subtitle may be cited as the ‘‘Protections
Against Violence and Abuse for Women With Disabilities
Act’’.
SEC. 612. FINDINGS.
The Congress finds that—
(1) women with disabilities are more likely to be
the victims of abuse and violence than women with-
out disabilities because of their increased physical,
economic, social, or psychological dependence on oth-
ers;
165
(2) in domestic violence cases, women with dis-
abilities stay with their batterers almost twice as
long as women without disabilities;
(3) violence and abuse against women with dis-
abilities takes many forms, including verbal abuse,
physical abuse, sexual assault, forced isolation, con-
trol over economic resources, and the withholding of
equipment, medication, transportation, or personal
care assistance;
(4) many women with disabilities fail to report
abuse because they are dependent on their abusers
and fear being abandoned or institutionalized;
(5) many women with disabilities are unable to
leave abuse or violent spouses or cohabitants because
of the inaccessibility of services or the fear of aban-
doning dependent children; and
(6) law enforcement, the criminal justice sys-
tem, legal services, and victim services are often not
equipped or trained to effectively identify and re-
spond to abuse or violence against women with dis-
abilities.
SEC. 613. OMNIBUS CRIME CONTROL AND SAFE STREETS
ACT OF 1968.
Section 2001(b) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amend-
166
ed in paragraph (5) by striking ‘‘and domestic violence;’’
and inserting ‘‘, domestic violence, and the forms of vio-
lence and abuse particularly suffered by women with dis-
abilities;’’.
SEC. 614. PUBLIC HEALTH AND HUMAN SERVICES ACT.
Section 1910A(5) of the Public Health and Human
Services Act (42 U.S.C. 300w–10(a)(5)) is amended by
striking the period at the end of paragraph (5) and insert-
ing ‘‘, and among persons with disabilities.’’.
SEC. 615. FAMILY VIOLENCE PREVENTION AND SERVICES
ACT.
Section 318(b)(2) of the Family Violence Prevention
and Services Act (42 U.S.C. 10418(b)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (G);
(2) by redesignating subparagraph (H) as sub-
paragraph (I); and
(3) by inserting after subparagraph (G) the fol-
lowing new subparagraph:
‘‘(H) groups that provide services to or ad-
vocate on behalf of persons with disabilities;
and’’.
SEC. 616. VIOLENCE AGAINST WOMEN ACT.
(a) Section 40291(a) of the Safe Homes for Women
Act of 1994 (42 U.S.C. 13961(a)) is amended—
167
(1) by inserting ‘‘and toward persons with dis-
abilities,’’ after ‘‘language minority communities’’;
and
(2) by inserting ‘‘, as defined in section 2003(7)
of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg–2(7))’’ after ‘‘needs of
underserved populations’’.
(b) Section 40412 of the Equal Justice for Women
in the Courts Act of 1994 (42 U.S.C. 13992) is amend-
ed—
(1) in paragraph (6), by inserting ‘‘, stereo-
typing of persons with disabilities who are victims of
rape, sexual assault, abuse, or violence’’ after ‘‘racial
stereotyping of rape victims’’;
(2) in paragraph (13), by inserting ‘‘or among
persons with disabilities,’’ after ‘‘socioeconomic
groups,’’;
(3) by striking ‘‘and’’ at the end of paragraph
(21) (as amended by title I of this Act);
(4) by striking the period at the end of para-
graph (22) (as amended by title I of this Act); and
(5) by inserting after paragraph (22) the fol-
lowing:
‘‘(23) issues related to violence and abuse
against persons with disabilities, including the na-
168
ture of physical, mental, and communications dis-
abilities; the special vulnerability to violence of per-
sons with disabilities; and the types of violence and
abuse experienced by persons with disabilities;
‘‘(24) the requirements placed on courts and
judges under existing disability laws, including the
requirements to provide appropriate auxiliary aids
and services and to ensure physical access; and
‘‘(25) the stereotypes regarding the fitness of
persons with disabilities to retain custody of chil-
dren, especially in domestic violence cases.’’.
SEC. 617. TRAINING PROGRAMS FOR SOCIAL SERVICE AND
HEALTH PROVIDERS.
(a) The Secretary of Health and Human Services
may develop curricula and implement training and con-
tinuing education programs for protective services work-
ers, health providers, social workers, clergy, independent
living center case workers, and other community-based
disability-related service providers to improve their ability
to recognize and address instances of domestic violence di-
rected against women with disabilities.
(b) There are authorized to be appropriated to carry
out the purposes of this section $10,000,000 for each of
fiscal years 1999, 2000, 2001, 2002, and 2003.
169
SEC. 618. TRAINING FOR HEALTH PROFESSIONALS ON
SCREENING FOR ABUSE OF WOMEN WITH
DISABILITIES.
(a) The Secretary of Health and Human Services
may make grants and enter into contracts to establish and
carry out the training of health professionals, including
physicians, nurses, physician assistants, and nurse practi-
tioners, to ensure they will receive training in screening
for abuse of women with disabilities and instruction in ap-
propriate actions when cases of abuse are identified.
(b) There are authorized to be appropriated to be
used to award grants under this section $10,000,000 for
each of fiscal years 1999, 2000, 2001, 2002, and 2003.
SEC. 619. RESEARCH ABOUT SEXUAL ABUSE AND VIOLENCE
AGAINST WOMEN WITH DISABILITIES.
In establishing research priorities under title IX of
this Act, the Secretary shall consider the importance of
research about the sexual assault of, and violence against,
women with disabilities.
SEC. 619–1. GRANTS FOR TECHNICAL ASSISTANCE.
(a) The Attorney General may establish a grants pro-
gram for States and nongovernmental private entities to
provide education and technical assistance for the purpose
of distributing information on abuse and violence against
women with disabilities. Information shall be distributed
to independent living centers, disability-related service or-