[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1267 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1267

 To amend the Public Health Service Act, the Social Security Act, and 
 chapter 89 of title 5, United States Code, to provide research on the 
 health impact and prevention of family violence; to provide training 
for health care professionals, behavioral and public health staff, and 
  community health centers regarding identification and treatment for 
  families experiencing family violence; and to provide coverage for 
 domestic violence identification and treatment under the Maternal and 
 Child Health Services Block Grant Program, the Medicaid Program, the 
  Federal Employees Health Benefits Program, and the Community Health 
                            Centers Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2003

 Mrs. Capps (for herself, Mr. LaTourette, Mr. Waxman, Mrs. Lowey, Mr. 
Brown of Ohio, Mr. Stark, Ms. Lofgren, Mr. George Miller of California, 
Ms. Linda T. Sanchez of California, Ms. Loretta Sanchez of California, 
 Ms. Lee, Mr. Payne, Mr. Rodriguez, Ms. Corrine Brown of Florida, Mrs. 
    Maloney, Mr. Kennedy of Rhode Island, Ms. Norton, Mr. Moran of 
  Virginia, Mr. Frank of Massachusetts, Ms. DeLauro, Mr. Pallone, Mr. 
   Grijalva, Mr. Holden, Mr. Abercrombie, Mr. Filner, Mr. Frost, Mr. 
  Lynch, Mr. Hinchey, Mr. Serrano, Mr. McGovern, Ms. Kilpatrick, Ms. 
 Carson of Indiana, Mr. Baird, Ms. Slaughter, Mr. Bishop of New York, 
 Mrs. Napolitano, Mr. Owens, Mr. Ackerman, Ms. Millender-McDonald, Ms. 
 McCollum, Mr. Doggett, Mr. Kucinich, Ms. Schakowsky, Mr. Rangel, Ms. 
 Woolsey, Mr. McNulty, Mr. Fattah, Mr. Reyes, Mr. Kildee, Mr. Davis of 
 Illinois, Mr. Gutierrez, Mr. Faleomavaega, Mr. Clyburn, Mr. Boswell, 
 Mr. McDermott, and Mr. Case) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
  the Committee on Government Reform, 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 Public Health Service Act, the Social Security Act, and 
 chapter 89 of title 5, United States Code, to provide research on the 
 health impact and prevention of family violence; to provide training 
for health care professionals, behavioral and public health staff, and 
  community health centers regarding identification and treatment for 
  families experiencing family violence; and to provide coverage for 
 domestic violence identification and treatment under the Maternal and 
 Child Health Services Block Grant Program, the Medicaid Program, the 
  Federal Employees Health Benefits Program, and the Community Health 
                            Centers Program.

    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 ``Domestic Violence Screening, 
Treatment, and Prevention Act of 2003''.

 SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Nearly one-third of American women (31 percent) report 
        being physically or sexually abused by a husband or boyfriend 
        at some point in their lives, and about 1200 women are murdered 
        every year by their intimate partner, nearly 3 each day.
            (2) 85 percent of violent victimizations are experienced by 
        women.
            (3) 37 percent of all women who sought care in hospital 
        emergency rooms for violence-related injuries were injured by a 
        current or former spouse, boyfriend, or girlfriend.
            (4) In addition to injuries sustained during violent 
        episodes, physical and psychological abuse are linked to a 
        number of adverse physical and mental health effects. Women who 
        have been abused are much more likely to suffer from chronic 
        pain, gastrointestinal disorders, diabetes, depression, 
        unintended pregnancies, substance abuse and sexually 
        transmitted infections, including HIV/AIDS.
            (5) Medical services for abused women cost an estimated 
        $857,300,000 every year and health plans spend an average of 
        $1,775 more a year on abused women than on general enrollees.
            (6) Each year, at least six percent of all pregnant women, 
        about 240,000 pregnant women, in this country are battered by 
        the men in their lives. This battering leads to complications 
        of pregnancy, including low weight gain, anemia, infections, 
        and first and second trimester bleeding.
            (7) Pregnant and recently pregnant women are more likely to 
        be victims of homicide than to die of any other cause, and 
        evidence exists that a significant proportion of all female 
        homicide victims are killed by their intimate partners.
            (8) Children who witness domestic violence are more likely 
        to exhibit behavioral and physical health problems including 
        depression, anxiety, and violence towards peers. They are also 
        more likely to attempt suicide, abuse drugs and alcohol, run 
        away from home, engage in teenage prostitution, and commit 
        sexual assault crimes.
            (9) Fifty percent of men who frequently assault their wives 
        frequently assault their children. The U.S. Advisory Board on 
        Child Abuse and Neglect suggests that domestic violence may be 
        the single major precursor to child abuse and neglect 
        fatalities in this country.
            (10) Currently, about 10 percent of primary care physicians 
        routinely screen for intimate partner abuse during new patient 
        visits and nine percent routinely screen during periodic 
        checkups.
            (11) Recent clinical studies have proven the effectiveness 
        of a 2-minute screening for early detection of abuse of 
        pregnant women. Additional longitudinal studies have tested a 
        10-minute intervention that was proven highly effective in 
        increasing the safety of pregnant abused women. Comparable 
        research does not yet exist to support the effectiveness of 
        screening men.
            (12) 70 to 81 percent of the patients studied reported that 
        they would like their healthcare providers to ask them 
        privately about intimate partner violence.

            TITLE I--RESEARCH ON HEALTH AND FAMILY VIOLENCE

 SEC. 101. HEALTH RESEARCH ON FAMILY VIOLENCE.

    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:

  ``PART R--HEALTH RESEARCH ON FAMILY VIOLENCE; HEALTH PROFESSIONALS 
                               EDUCATION

``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/or sexual assault; 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.

``SEC. 399AA-1. FAMILY VIOLENCE RESEARCH CENTERS.

    ``(a) Establishment.--The Secretary shall provide for the 
establishment of 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 at least--
            ``(1) one center is affiliated with the National Institutes 
        of Health;
            ``(2) one center is affiliated with the Agency for Health 
        Care Research and Quality; and
            ``(3) each center is linked to national, State, and local 
        community resources, including domestic violence state 
        coalitions and local shelter-based domestic violence programs, 
        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) 
may provide for the conduct of family violence research, including--
            ``(1) research concerning the prevalence and 
        characteristics of different forms of family violence, 
        including child abuse, domestic violence, and elder abuse;
            ``(2) research concerning the effects that family violence 
        and childhood exposure to family violence have on health 
        behaviors, health conditions and the health status of 
        individuals, families, and populations, and the health care 
        utilization and costs attributable to family violence;
            ``(3) research on effective interventions for adults and 
        children exposed to family violence;
            ``(4) research concerning the development, implementation, 
        evaluation, and dissemination of appropriate curricula for 
        health professional training in the area of family violence;
            ``(5) research concerning the effectiveness of different 
        educational methodologies that are used to present the 
        curricula described in paragraph (4);
            ``(6) research concerning the effects of mandatory domestic 
        violence reporting requirements, including the effects of such 
        requirements on--
                    ``(A) the prevalence and incidence of family 
                violence;
                    ``(B) victim and dependent safety and self-
                efficacy;
                    ``(C) referral and treatment patterns; and
                    ``(D) access to health care, legal, and advocacy 
                services; and
            ``(7) research and testing of best messages and strategies 
        to mobilize public action concerning the prevention of family 
        violence.
    ``(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 capable of conducting the 
        research funded under this section.
            ``(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 family 
                                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 Centers for 
                        Disease Control and Prevention.
                            ``(iv) The Assistant Secretary for Children 
                        and Families.
                            ``(v) The Assistant Secretary for Aging.
                            ``(vi) The Administrator of the Health 
                        Resources and Services Administration.
                            ``(vii) The Assistant Attorney General for 
                        the Office of Justice Programs.
                            ``(viii) The Director of the Agency for 
                        Healthcare Research and Quality.
                    ``(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 2 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 board 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 are authorized to be 
appropriated to carry out this section $15,000,000 for fiscal year 
2004, and such sums as may be necessary for each of the fiscal years 
2005 through 2008.''.

            TITLE II--HEALTH PROFESSIONAL EDUCATION PROGRAMS

 SEC. 201. HEALTH PROFESSIONAL EDUCATION GRANTS.

    Part R of title III of the Public Health Service Act, as added by 
section 101 of this Act, is amended by adding at the end the following:

``SEC. 399AA-2. HEALTH PROFESSIONAL EDUCATION GRANTS.

    ``(a) In General.--The Secretary 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.--
            ``(1) In general.--To be eligible to receive a grant under 
        subsection (a), an entity-shall have a history of effective 
        work in the field of family violence and health care and--
                    ``(A) be a health care entity eligible for 
                reimbursement under title XVIII of the Social Security 
                Act or a local non-profit entity with expertise in 
                family violence, a State coalition for domestic 
                violence, a State coalition for sexual assault, or a 
                State public health agency;
                    ``(B) 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
                    ``(C) prepare and submit to the Secretary at such 
                time, in such manner, and containing such agreements, 
                assurances, and information as the Secretary determines 
                to be necessary to carry out the purposes for which the 
                grant is to be made.
            ``(2) Priority.--Applicants that can demonstrate that they 
        represent a team of organizations and agencies working 
        collaboratively to strengthen the health care system response 
        to family violence may receive priority in funding.
    ``(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 (or adapt) and implement innovative training 
        models or programs to identify and appropriately treat and 
        refer victims of family violence in health professional schools 
        and for practicing, health, behavioral health and public health 
        providers.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $5,000,000 for fiscal year 2004, 
and such sums as may be necessary for each of the fiscal years 2005 
through 2008.''.

    TITLE III--GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
                                VIOLENCE

 SEC. 301. GRANTS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 3990. GRANTS TO FOSTER PUBLIC HEALTH RESPONSES TO DOMESTIC 
              VIOLENCE.

    ``(a) Authority To Award Grants.--
            ``(1) In general.--The Secretary, acting through the 
        Assistant Secretary for the Administration for Children and 
        Families, shall award grants under this section to eligible 
        State entities and eligible local entities in order to 
        strengthen the response of State and local health care systems 
        to domestic violence.
            ``(2) Definitions of eligible entities.--In this section:
                    ``(A) Eligible state entity.--The term eligible 
                State entity' means a State department (or other 
                division) of health, a State domestic violence 
                coalition or service-based program, or any other 
                nonprofit, tribal, or State entity with a history of 
                effective work in the field of domestic violence and 
                health care, that demonstrates that the applicant is 
                representing a team of organizations and agencies 
                working collaboratively to strengthen the response of 
                the health care system to domestic violence and that 
                such team includes domestic violence and health care 
                organizations.
                    ``(B) Eligible local entity.--The term eligible 
                local entity' means a nonprofit domestic violence 
                service based program, a local department (or other 
                division) of health, a local health clinic, hospital, 
                or health system, or any other nonprofit, tribal, or 
                local entity with a history of effective work in the 
                field of domestic violence and health.
    ``(b) Number and Duration of Programs; Maximum Amount of Grants.--
            ``(1) Number of programs.--Not more than--
                    ``(A) 10 programs shall be conducted by eligible 
                State entities under a grant made under this section; 
                or
                    ``(B) 10 programs shall be conducted by eligible 
                local entities under a grant made under this section.
            ``(2) Duration.--A program conducted under a grant made 
        under this section by an eligible State entity or an eligible 
        local entity shall not exceed 4 years.
            ``(3) Maximum amount of grants.--A grant awarded under this 
        section shall not exceed--
                    ``(A) $350,000 per year, in the case of a program 
                conducted by an eligible State entity; or
                    ``(B) $150,000 per year, in the case of a program 
                conducted by an eligible local entity.
    ``(c) Use of Funds.--
            ``(1) Eligible state entities.--An eligible State entity 
        awarded a grant under this section shall use funds provided 
        under the grant to design and implement comprehensive statewide 
        strategies to improve the response of the health care system to 
        domestic violence in clinical and public health care settings 
        and to promote education and awareness about domestic violence 
        at a statewide level. Such strategies shall be in accordance 
        with the following:
                    ``(A) Such strategies shall include the following:
                            ``(i) Collaboration with State departments 
                        (or other divisions) of health to integrate 
                        responses to domestic violence into existing 
                        policy, practice, and education efforts.
                            ``(ii) Promotion of policies and funding 
                        sources that advance domestic violence 
                        identification, training, and protocol 
                        development and that protect the 
                        confidentiality of patients and prohibit 
                        insurance discrimination.
                            ``(iii ) Promotion of policies and funding 
                        sources that advance on-site access to services 
                        to address the safety, medical, mental health, 
                        and economic needs of patients in multiple 
                        settings either by increasing the capacity of 
                        existing health care professionals and 
                        behavioral and public health staff to address 
                        domestic violence issues or by contracting with 
                        or hiring domestic violence advocates to 
                        provide the services, or by modeling other 
                        services appropriate to the geographic and 
                        cultural needs of a site.
                            ``(iv) Training and follow-up technical 
                        assistance to health care professionals and 
                        behavioral and public health staff to screen 
                        for domestic violence, and then to 
                        appropriately assess, treat, and refer patients 
                        who are victims of domestic violence to 
                        domestic violence services.
                    ``(B) Such strategies may also include the 
                following:
                            ``(i) Dissemination, implementation, and 
                        evaluation of practice guidelines on domestic 
                        violence that guide the response of health care 
                        professionals and behavioral and public health 
                        staff to domestic violence.
                            ``(ii) Where appropriate, development of 
                        training modules and policies that address the 
                        overlap of child abuse, domestic violence and 
                        elder abuse as well as childhood exposure to 
                        domestic violence.
                            ``(iii) Creation and implementation of 
                        public education campaigns for patients and 
                        health care professionals and behavioral and 
                        public health staff about domestic violence 
                        prevention.
                            ``(iv) Development and dissemination of 
                        education materials to patients and health care 
                        professionals and behavioral and public health 
                        staff.
                            ``(v) Promotion of the inclusion of 
                        domestic violence into medical and nursing 
                        school curriculum and integration of domestic 
                        violence into health care accreditation and 
                        professional licensing examinations, such as 
                        medical boards.
                            ``(vi) Evaluation of the practice and 
                        institutionalization of identification, 
                        intervention, and documentation of domestic 
                        violence and promotion of the use of quality 
                        improvement measurements.
            ``(2) Eligible local entities.--An eligible local entity 
        awarded a grant under this section shall use funds provided 
        under the grant to design and implement comprehensive local 
        strategies to improve the response of the health care system to 
        domestic violence in hospitals, clinics, managed care settings, 
        emergency medical services, and other health care settings. 
        Such strategies shall include the following:
                    ``(A) Implementation, dissemination, and evaluation 
                of policies and procedures to guide health care 
                professionals and behavioral and public health staff 
                responding to domestic violence including 
                identification, treatment, and documentation of 
                domestic violence and strategies to ensure that health 
                information is held in a manner that protects the 
                patient's privacy and safety.
                    ``(B) Training and follow-up technical assistance 
                to health care professionals and behavioral and public 
                health staff to identify domestic violence, and then to 
                appropriately assess, treat, and refer patients who are 
victims of domestic violence to domestic violence services.
                    ``(C) Development of on-site access to services to 
                address the safety, medical, mental health, and 
                economic needs of patients either by increasing the 
                capacity of existing health care professionals and 
                behavioral and public health staff to address domestic 
                violence issues, by contracting with or hiring domestic 
                violence advocates to provide the services, or to model 
                other services appropriate to the geographic and 
                cultural needs of a site.
                    ``(D) Development or adaptation and dissemination 
                of education materials for patients and health care 
                professionals and behavioral and public health staff.
                    ``(E) Evaluation of practice and the 
                institutionalization of identification, intervention, 
                and documentation including quality improvement 
                measurements such as patient satisfaction surveys, 
                patient record reviews, case consultation, or other 
                methods used to evaluate and enhance staff compliance 
                with protocols.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated for the purpose of awarding grants under this section 
$5,000,000 for each of the fiscal years 2004 through 2008.''.

     TITLE IV--PROVISION OF SERVICES UNDER FEDERAL HEALTH PROGRAMS

 SEC. 401. OPTIONAL COVERAGE OF DOMESTIC VIOLENCE IDENTIFICATION AND 
              TREATMENT UNDER THE MEDICAID PROGRAM.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 
1396d) is amended--
            (1) in subsection (a)(26), by striking ``and'' at the end;
            (2) by redesignating paragraph (27) of subsection (a) as 
        paragraph (28); and
            (3) by inserting after paragraph (26) of subsection (a) the 
        following new paragraph:
            ``(27) domestic violence identification and treatment 
        services (as defined in subsection (x));''; and
            (4) by adding at the end the following new subsection:
    ``(x) The term `domestic violence identification and treatment 
services' means the following services (as specified under the State 
plan) furnished by an attending health care provider (or, in the case 
of services described in paragraph (3), under arrangements between the 
provider and domestic violence experts) to the patient:
            ``(1) Routine verbal inquiries of women aged 18 years or 
        older for domestic violence by a provider if the provider has 
        not previously screened the patient or if the patient has been 
        screened but the patient indicates that he or she is in a new 
        relationship regardless of whether there are any clinical 
        indicators or suspicion of abuse.
            ``(2) Danger assessment for persons who positively identify 
        for domestic violence, including an immediate safety 
        assessment, an initial risk assessment, and follow-up risk 
        assessments during subsequent visits.
            ``(3) Treatment relating to domestic violence, including 
        the following:
                    ``(A) Safety education to assist the patient in 
                developing a plan to promote her safety and well-being, 
                and appropriate follow up.
                    ``(B) Health education which provides written and 
                verbal information about domestic violence, its impact 
                on health, options for services, and any necessary 
                follow up.
                    ``(C) Psycho-social and counseling services that 
                include an initial assessment, development of a plan of 
                care, individual or group counseling (as needed), and 
                follow-up assessment, treatment, or intervention.
                    ``(D) Documentation of screening, assessment, 
                treatment, referrals, injuries, and illnesses related 
                to domestic violence and who perpetrated the abuse 
                using appropriate diagnostic codes and confidentiality 
                (except as required by applicable State law).
            ``(4) Referral and case coordination for additional 
        services, including services from domestic violence programs, 
        community agencies, and judicial and other systems.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
services furnished on or after such date.

 SEC. 402. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM.

    (a) In General.--Section 8902 of title 5, United States Code, is 
amended by adding at the end the following:
    ``(p)(1) A contract may not be made or a plan approved which does 
not include coverage for domestic violence identification and treatment 
services.
    ``(2) For purposes of this subsection, the term `domestic violence 
identification and treatment services' has the meaning given such term 
in section 1905(x) of the Social Security Act.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to contracts made, and plans approved, after the end of the 6-
month period beginning on the date of the enactment of this Act.

 SEC. 403. TRAINING GRANTS UNDER THE MATERNAL AND CHILD HEATH SERVICES 
              BLOCK GRANT.

    (a) Preference in Certain Funding.--Section 502(b)(2) of the Social 
Security Act (42 U.S.C. 702(b)(2)) is amended by adding at the end the 
following new subparagraph:
    ``(C) Of the amounts retained for projects described in 
subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall 
provide preference to qualified applicants which demonstrate that the 
activities to be carried out with such amounts include training of 
service providers in how to identify and treat the effects of family 
violence, including children who have been exposed to family violence. 
This training should include--
            ``(i) identifying victims of family violence;
            ``(ii) assessing the immediate and short-term safety of the 
        victim, the impact of the abuse on his or her health and 
assisting the victim in developing a plan to promote his or her safety;
            ``(iii) examining and treating such victims within the 
        scope of the health professional's discipline, training, and 
        practice (including providing medical advice regarding the 
        dynamics and nature of family violence);
            ``(iv) 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, and establishing mechanisms to promote the 
        privacy and confidentiality of those medical records; and
            ``(v) referring the victim to public and private nonprofit 
        entities that provide services for such victims.''.
    (b) Requirement for Portion of Expenditures on Domestic Violence 
Identification and Treatment.--Section 505(a)(5) of the Social Security 
Act (42 U.S.C. 705(a)(5)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following new 
        subparagraph:
                    ``(G) the State will set aside a reasonable portion 
                (based upon the State's previous use of funds under 
                this title) of the funds provided for domestic violence 
                identification and treatment services (as defined in 
                section 1902(x)).''.
    (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. 
706(a)(2)) is amended by inserting after subparagraph (E) the following 
new subparagraph:
            ``(F) Information on how funds provided under this title 
        are used to identify and treat domestic violence.''.
    (d) Separate Program for Domestic Violence Identification and 
Treatment.--Title V of such Act is amended by adding at the end the 
following new section:

    ``separate program for domestic violence screening and treatment

    ``Sec. 511. (a) For the purpose described in subsection (b), the 
Secretary shall, for fiscal year 2004 and each subsequent fiscal year, 
allot to each State which has transmitted an application for the fiscal 
year under section 505(a) an amount equal to the product of--
            ``(1) the amount appropriated in subsection (d) for the 
        fiscal year; and
            ``(2) the percentage determined for the State under section 
        502(c)(1)(B)(ii).
    ``(b) The purpose of an allotment under subsection (a) to a State 
is to enable the State to provide for domestic violence identification 
and treatment, including the provision of domestic violence 
identification and treatment services (as defined in section 1905(x)), 
increasing the number of persons identified, assessed, treated, and 
referred and including training of health care professionals, and 
behavioral and public health staff, on how to identify and respond to 
victims of domestic violence.
    ``(c)(1) Sections 503, 507, and 508 apply to allotments under 
subsection (a) to the same extent and in the same manner as such 
sections apply to allotments under section 502(c).
    ``(2) Sections 505 and 506 apply to allotments under subsection (a) 
to the extent determined by the Secretary to be appropriate.
    ``(d) For the purpose of allotments under subsection (a), there are 
authorized to be appropriated for each fiscal year, beginning with 
fiscal year 2004, such sums as may be necessary.''.
    (e) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to fiscal years beginning after the date of the enactment 
of this Act and the amendment made by subsection (c) shall apply to 
annual reports submitted for such fiscal years.

 SEC. 404. DOMESTIC VIOLENCE IDENTIFICATION AND TREATMENT SERVICES AT 
              COMMUNITY HEALTH CENTERS.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.), as amended by section 301 of this Act, is amended by 
adding at the end the following:

``SEC. 399P. DOMESTIC VIOLENCE PREVENTION, IDENTIFICATION, AND 
              TREATMENT AND PREVENTION GRANTS.

    ``(a) Grants Authorized.--The Secretary is authorized to award 
grants to eligible entities to improve the identification and treatment 
of domestic violence.
    ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
be used for activities such as--
            ``(1) the implementation, dissemination, and evaluation of 
        policies and procedures to guide health care and behavioral 
        health care professionals and other staff responding to 
        domestic violence;
            ``(2) the provision of training and follow-up technical 
        assistance to health care professionals and staff to identify 
        domestic violence, and then to appropriately assess, treat, and 
        refer patients who are victims of domestic violence to domestic 
        violence service providers; and
            ``(3) the development of on-site access to services to 
        address the safety, medical, mental health, and economic needs 
        of patients either by increasing the capacity of existing 
        health care professionals and staff to address these issues or 
        by contracting with or hiring domestic violence advocates to 
        provide the services, or by developing other models appropriate 
        to the geographic and cultural needs of a site.
    ``(c) Eligible Entity.--In this section, the term `eligible entity' 
shall mean a federally qualified health center as defined in section 
1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)).
    ``(d) Applications.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the Secretary 
may require.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of the 
fiscal years 2003 through 2006.''.
                                 <all>