[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2009 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2009

  To amend the Public Health Service Act to provide services for the 
                     prevention of family violence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2002

  Mr. Durbin (for himself, Ms. Collins, and Ms. Snowe) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to provide services for the 
                     prevention of family violence.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Violence Prevention Act of 
2002''.

SEC. 2. FAMILY VIOLENCE PREVENTION.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by adding at the end the following:

                  ``PART R--FAMILY VIOLENCE PREVENTION

``SEC. 399AA. DEFINITION.

    ``In this part the term `family violence' means any act or 
threatened act of violence, including any forceful detention of an 
individual, that--
            ``(1) results or threatens to result in physical injury; 
        and
            ``(2) is committed by a person against another individual 
        (including an elderly individual or a child)--
                    ``(A) to whom such person is or was related by 
                blood or marriage or is otherwise legally related;
                    ``(B) with whom such person is or was lawfully 
                residing; or
                    ``(C) with whom such person is or has been in a 
                social relationship of a romantic or intimate nature 
                where the existence of such a relationship shall be 
                determined based on a consideration of--
                            ``(i) the length of the relationship;
                            ``(ii) the type of the relationship; and
                            ``(iii) the frequency of interaction 
                        between the individuals involved in the 
                        relationship.

``SEC. 399AA-1. OFFICE OF FAMILY VIOLENCE.

    ``(a) Establishment.--
            ``(1) In general.--There is established within the 
        Department of Health and Human Services an Office of Family 
        Violence (in this part referred to as the `Office') under the 
        general authority of the Secretary.
            ``(2) Separate office.--The Office shall be a separate 
        office headed by a Director who shall report to the Secretary 
        through the Assistant Secretary for Health, and who shall also 
        serve as Counsel to the Secretary.
    ``(b) Jurisdiction.--The Office shall--
            ``(1) facilitate coordination between all programs within 
        the Department of Health and Human Services relating to the 
        prevention of family violence;
            ``(2) collaborate with family violence programs (including 
        child abuse, domestic violence, and elder abuse programs) 
        administered by other Federal departments or agencies to 
        develop a Federal family violence prevention Internet website 
        to provide information--
                    ``(A) to the public concerning the Federal 
                resources available to combat family violence, 
                including child abuse, domestic violence, and elder 
                abuse; and
                    ``(B) concerning ongoing or prospective research 
                efforts that might be of use to family violence 
                prevention advocates, researchers, and others; and
            ``(3) carry out other activities related to family violence 
        (including child abuse, domestic violence, and elder abuse) 
        prevention that are determined appropriate by the Secretary.
    ``(c) Director.--
            ``(1) Appointment.--The President, by and with the advice 
        and consent of the Senate, shall appoint a Director for the 
        Office of Family Violence (in this part referred to as the 
        `Director') to be responsible for the administration, 
        coordination, and implementation of the programs and activities 
        of the Office.
            ``(2) Other employment.--The Director shall not--
                    ``(A) engage in any employment other than that of 
                serving as Director; or
                    ``(B) hold any office in, or act in any capacity 
                for, any organization, agency, or institution with 
                which the Office makes any contract or other agreement.
            ``(3) Vacancy.--In the case of a vacancy, the President may 
        designate an officer or employee who shall act as Director 
        during the vacancy.
            ``(4) Compensation.--The Director shall be compensated at a 
        rate of pay not to exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
    ``(d) Regulations.--The Director may, after appropriate 
consultation with representatives of States and units of local 
government, establish such rules, regulations, and procedures as are 
necessary to the exercise of the functions of the Office.
    ``(e) Staff.--The Secretary shall ensure that there is adequate 
staff to support the Director in carrying out the responsibilities of 
the Director under this part.
    ``(f) Report.--The Director shall annually report to the 
appropriate authorizing and appropriating committees of Congress 
concerning the coordination of activities that are being carried out by 
all family violence program within the Department of Health and Human 
Services.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $5,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.

``SEC. 399AA-2. FAMILY VIOLENCE RESEARCH CENTERS.

    ``(a) Establishment.--The Secretary shall provide for the 
establishment of 5 family violence research and education centers to 
conduct research and disseminate information, including professional 
and public education, concerning family violence.
    ``(b) Linkages.--In establishing centers under subsection (a), the 
Secretary shall ensure that--
            ``(1) one center is linked to the Centers for Disease 
        Control and Prevention;
            ``(2) one center is linked to the National Institute of 
        Mental Health; and
            ``(3) each center is linked to national, State, and local 
        community resources, including domestic violence coalition 
        shelters, community health centers, health care delivery 
        systems, and domestic and sexual assault hotlines, through 
        which information may be distributed.
    ``(c) General Duties.--Each center established under subsection 
(a)--
            ``(1) shall provide for the conduct of family violence 
        research, including, in collaboration with the Centers for 
        Disease Control and Prevention, the administration of annual 
        national surveys concerning the prevalence and characteristics 
        of different forms of family violence, including child abuse, 
        domestic violence, and elder abuse; and
            ``(2) may provide for the conduct of family violence 
        research, including--
                    ``(A) research concerning the development, 
                implementation, evaluation, and dissemination of 
                appropriate curricula for health professional training 
                in the area of family violence;
                    ``(B) research concerning the effectiveness of 
                different educational methodologies that are used to 
                present the curricula described in subparagraph (A);
                    ``(C) research concerning patterns of health care 
                utilization by victims of family violence and child 
                witnesses of family violence, the effects that family 
                violence has on other health behaviors and the health 
                status of individuals, families, and populations, and 
                the health care costs attributable to family violence;
                    ``(D) research concerning the effects of mandatory 
                family violence reporting requirements, including--
                            ``(i) the effects of such requirements on--
                                    ``(I) the prevalence and incidence 
                                of family violence;
                                    ``(II) victim and dependent safety 
                                and self-efficacy;
                                    ``(III) referral and treatment 
                                patterns; and
                                    ``(IV) access to health care, 
                                legal, and advocacy services;
                            ``(ii) the development of mechanisms to 
                        provide resources, consultation, and technical 
                        assistance to State and local governments and 
                        to agencies and non-profit entities that are 
                        concerned with evaluating the effect of 
                        mandatory reporting on the health and safety of 
                        victims and dependents;
                    ``(E) research and testing of best messages and 
                strategies to mobilize public action concerning the 
                prevention of family violence;
                    ``(F) research on the relationship between 
                childhood exposure to domestic violence and child and 
                adult health and safety outcomes;
                    ``(G) research on effective interventions for 
                children exposed to violence; and
                    ``(H) research on the effects of family violence on 
                other health behaviors and health conditions.
    ``(d) Grants and Contracts.--
            ``(1) In general.--In carrying out subsection (a), the 
        Secretary may make grants to and enter into contracts with 
        public and nonprofit private entities.
            ``(2) Application for award.--The Secretary may make an 
        award of a grant or contract under paragraph (1) only if an 
        application for the award is submitted to the Secretary and the 
        application is in such form, is made in such manner, and 
        contains such agreements, assurances, and information as the 
        Secretary determines to be necessary to carry out the purposes 
        for which the award is to be made.
    ``(e) Advisory Board.--
            ``(1) In general.--The Secretary shall establish an 
        advisory board to make recommendations concerning the research 
        agenda carried out by the research centers under this section.
            ``(2) Composition.--
                    ``(A) Appointed members.--The advisory board shall 
                be composed of 19 members to be appointed by the 
                Secretary as follows:
                            ``(i) Twelve members shall be appointed 
                        from among individuals who are scientific or 
                        health care experts in the areas of elder 
                        abuse, domestic violence, child abuse, mental 
                        health, epidemiology, social work, or health 
                        education.
                            ``(ii) Seven members shall be appointed 
                        from among nationally recognized experts in 
                        domestic violence, child abuse, and elder abuse 
                        who have a documented history of effective and 
                        respected work in their respective field, of 
                        which--
                                    ``(I) at least one member shall be 
                                an expert in domestic violence and 
                                dating violence;
                                    ``(II) at least one member shall be 
                                an expert in child abuse;
                                    ``(III) at least one member shall 
                                be an expert in elder abuse;
                                    ``(IV) at least one member shall be 
                                an expert in the impact of domestic 
                                violence on children and youth; and
                                    ``(V) at least one member shall be 
                                an expert in domestic violence against 
                                older or disabled women.
                    ``(B) Ex officio members.--The following shall be 
                ex-officio members of the advisory board:
                            ``(i) The Assistant Secretary for Health.
                            ``(ii) The Director of the National 
                        Institutes of Health.
                            ``(iii) The Director of the National 
                        Institute for Mental Health.
                            ``(iv) The Director of the Centers for 
                        Disease Control and Prevention.
                            ``(v) The Assistant Secretary for Children 
                        and Families.
                            ``(vi) The Assistant Secretary for Aging.
                            ``(vii) The Administrator of the Health 
                        Resources and Services Administration.
                            ``(viii) The Director of the Substance 
                        Abuse and Mental Health Services 
                        Administration.
                            ``(ix) The Assistant Attorney General for 
                        the Office of Justice Programs.
                    ``(C) Chairperson.--The members of the advisory 
                board appointed under subparagraph (A) shall elect a 
                chairperson from among such members.
            ``(3) Meetings.--The advisory board shall meet at the call 
        of the chairperson or upon the request of the Secretary, but 
        not less often than 4 times each year.
            ``(4) Duties.--In order to ensure the most effective use 
        and organization of Federal resources concerning family 
        violence, the advisory board shall provide advice and make 
        recommendations to Congress and the Secretary with respect to 
        the implementation and revision of the research agenda of the 
        research centers established under this section.
            ``(5) Subcommittees.--In carrying out its functions under 
        this subsection, the advisory board may establish 
        subcommittees, convene workshops and conferences, and collect 
        data. Such subcommittees may be composed of advisory board 
        members and nonmember consultants with expertise in the 
        particular area addressed by such subcommittees.
            ``(6) Reports.--The advisory committee shall annually 
        report to the appropriate authorizing and appropriations 
        committees of Congress concerning the research agenda for the 
        centers established under this section and the progress made in 
        fulfilling that research agenda.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.

``SEC. 399AA-3. HEALTH PROFESSIONAL TRAINING GRANTS.

    ``(a) In General.--The Director of the Office shall award grants to 
eligible entities to enable such entities to develop, implement, 
evaluate, and disseminate family violence education and training 
curricula, programs, and strategies.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be--
                    ``(A) a health care delivery system or health care 
                training entity, such as an academic health center, a 
                federally qualified health center, a hospital, and a 
                community health center; or
                    ``(B) an entity not described in subparagraph (A) 
                that enters into a collaborative relationship with an 
                entity described in such subparagraph for purposes of 
                this section, such as a national or local non-profit 
                entity with expertise in family violence, a State 
                coalition for domestic violence, a State coalition for 
                sexual assault, and a State public health agency;
            ``(2) demonstrate an ability to maintain the training 
        systems established with amounts received under the grant after 
        the expiration of the grant funding and provide an assurance 
        that such systems will be maintained if determined to be 
        effective; and
            ``(3) prepare and submit to the Director at such time, in 
        such manner, and containing such agreements, assurances, and 
        information as the Director determines to be necessary to carry 
        out the purposes for which the grant is to be made.
    ``(c) Use of Funds.--An entity shall use amounts received under a 
grant under this section to--
            ``(1) conduct evaluations of existing family violence 
        identification and treatment training programs; and
            ``(2) develop and implement innovative training models or 
        programs to identify and appropriately treat and refer victims 
        of family violence.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for fiscal year 
2003, and such sums as may be necessary for each of fiscal years 2004 
through 2007.''.
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