[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4642 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4642

 To enhance Federal efforts focused on public awareness and education 
   about the risks and dangers associated with Shaken Baby Syndrome.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 22, 2010

  Mrs. Lowey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To enhance Federal efforts focused on public awareness and education 
   about the risks and dangers associated with Shaken Baby Syndrome.

    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 ``Shaken Baby Syndrome Prevention Act 
of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Shaken Baby Syndrome is a term used to describe the 
        constellation of symptoms, trauma, and medical conditions 
        resulting from the violent shaking, or abusive impact to the 
        head, of an infant, toddler, or other young child.
            (2) Shaken Baby Syndrome is a form of child abuse affecting 
        between 1,200 and 1,600 children every year.
            (3) Children who are age 1 or younger accounted for over 40 
        percent of all child abuse and neglect fatalities in 2007, and 
        children who are age 4 or younger accounted for nearly 77 
        percent of all child abuse and neglect fatalities in 2007.
            (4) The most recent National Child Abuse and Neglect Data 
        System figures reveal that almost 794,000 children were victims 
        of abuse and neglect in the United States in 2007. That abuse 
        and neglect caused unspeakable pain and suffering to the 
        Nation's most vulnerable citizens.
            (5) It is estimated that between one-quarter and one-third 
        of Shaken Baby Syndrome victims die as a result of their 
        injuries, while one-third suffer permanent, severe disabilities 
        including paralysis, seizures, loss of hearing or vision, 
        cognitive impairments, and other disabilities, often resulting 
        in a lifetime of extraordinary medical, educational, and care 
        expenses.
            (6) Shaken Baby Syndrome is preventable. Prevention 
        programs have demonstrated that educating new parents and other 
        caregivers about the danger of shaking young children, healthy 
        strategies for coping with infant crying, infant soothing 
        skills, and how to protect children from injury can bring about 
        a significant reduction in the number of cases of Shaken Baby 
        Syndrome.
            (7) Efforts to prevent Shaken Baby Syndrome are supported 
        by child welfare and advocacy groups across the United States, 
        including many groups formed by parents and relatives of 
        children who have been killed or injured by the syndrome.
            (8) Education programs have been shown to raise awareness 
        about Shaken Baby Syndrome and provide critically important 
        information about the syndrome to parents, caregivers, child 
        care providers, child protection employees, law enforcement 
        personnel, health care professionals, and legal 
        representatives.
            (9) Education programs can give parents healthy strategies 
        for dealing with a crying infant and change the knowledge and 
        behavior of parents of young children.

SEC. 3. PUBLIC HEALTH CAMPAIGN.

    (a) In General.--
            (1) Development.--The Secretary of Health and Human 
        Services (referred to in this Act as the ``Secretary''), acting 
        through the Director of the National Center for Injury 
        Prevention and Control of the Centers for Disease Control and 
        Prevention, the Director of the National Institute of Child 
        Health and Human Development, the Director of the Maternal and 
        Child Health Bureau of the Health Resources and Services 
        Administration, and the Director of the Office of Child Abuse 
        and Neglect in the Administration for Children and Families, 
        shall develop an effective national Shaken Baby Syndrome public 
        health campaign.
            (2) Information.--The public health campaign shall inform 
        the general public, and new parents, child care providers and 
        other caregivers of young children, health care providers, and 
        social workers, among others, about brain injuries and other 
        harmful effects that may result from shaking, or abusive impact 
        to the head, of infants and children under age 5, and healthy 
        strategies to cope with a crying infant and related 
        frustrations, in order to help protect children from injury.
            (3) Coordination.--In carrying out the public health 
        campaign, the Secretary shall also coordinate activities with 
        providers of other support services to parents and other 
        caregivers of young children.
    (b) Activities.--
            (1) In general.--In carrying out the public health 
        campaign, the Secretary shall carry out the activities 
        described in paragraphs (2) through (4).
            (2) National action plan and strategies.--The Secretary 
        shall--
                    (A) develop a National Action Plan and effective 
                strategies to increase awareness of opportunities to 
                prevent Shaken Baby Syndrome through activities that 
                comprehensively and systematically provide information 
                and instruction about healthy strategies for parents 
                and other caregivers concerning how to cope with a 
                crying infant and related frustrations; and
                    (B) coordinate the Plan and effective strategies 
                with evidence-based strategies and efforts that support 
                families with infants and other young children, such as 
                home visiting programs and respite child care efforts, 
                which have a role to play in prevention of the 
                syndrome.
            (3) Communication, education, and training.--The Secretary 
        shall carry out communication, education, and training about 
        Shaken Baby Syndrome prevention, including efforts to 
        communicate with the general public by--
                    (A) disseminating effective prevention practices 
                and techniques to parents and caregivers through 
                maternity hospitals, child care centers, organizations 
                providing prenatal and postnatal care, organizations 
                providing programs for fathers, and organizations 
                providing parenting education and support services;
                    (B)(i) producing evidence-based educational and 
                informational materials in print, audio, video, 
                electronic, and other media, giving special attention 
                to educating young men and English language learners 
                through the materials; and
                    (ii) coordinating activities carried out under 
                clause (i) with national and Federal awareness 
                activities, such as the activities accompanying Shaken 
                Baby Awareness Week, to the extent possible; and
                    (C) carrying out Shaken Baby Syndrome training, 
                which shall aim--
                            (i) to ensure that primary care providers, 
                        home visitors, parent educators, child care 
                        providers, foster parents and others involved 
                        in the care of young children, and nurses, 
                        physicians, and other health care providers, 
                        are aware of ways to prevent abusive head 
                        trauma and other forms of child maltreatment, 
                        and the need to secure immediate medical 
                        attention in cases of abusive head trauma; and
                            (ii) to provide health care providers and 
                        early childhood educators with the knowledge, 
                        skills, and materials to simply, quickly, and 
                        effectively educate parents, including adoptive 
                        and foster parents, as well as others who are 
                        caregivers of young children, about infant 
                        crying and thus reduce abuse.
            (4) Supports for parents and caregivers.--
                    (A) In general.--The Secretary, in consultation 
                with the Shaken Baby Awareness Advisory Council, shall 
                work to ensure that the parents and caregivers of 
                children are connected to effective supports through 
                the coordination of existing programs and networks or 
                the establishment of new programs.
                    (B) Supports.--To the extent practicable, the 
                supports provided under this paragraph shall include 
                the provision of a 24-hour phone hotline, and the 
                development of an Internet website for round-the-clock 
                support, for--
                            (i) parents and caregivers who struggle 
                        with infant crying and related concerns;
                            (ii) parents and caregivers of surviving 
                        children who suffer serious injuries as a 
                        result of shaking or an abusive impact to the 
                        head, as a young child; and
                            (iii) parents and family members of 
                        children who do not survive such shaking or 
                        abusive impact.
    (c) Shaken Baby Awareness Advisory Council.--
            (1) Establishment.--There is established a Shaken Baby 
        Awareness Advisory Council (referred to in this subsection as 
        the ``Council'').
            (2) Membership.--The Council shall be composed of members 
        appointed by the Secretary, not later than 6 months after the 
        date of enactment of this Act, including, to the maximum extent 
        possible, representatives from--
                    (A) Shaken Baby Awareness advocacy organizations, 
                including groups formed by parents and relatives of 
                victims;
                    (B) child protection advocacy organizations;
                    (C) organizations involved in child protection and 
                child maltreatment prevention;
                    (D) disability advocacy organizations;
                    (E) pediatric medical associations;
                    (F) psychologists, child development professionals, 
                or family studies professionals;
                    (G) professional associations or institutions 
                involved in medical research related to abusive head 
                trauma;
                    (H) academic institutions;
                    (I) parenting support organizations, including 
                those providing programs targeted towards fathers;
                    (J) organizations who come in contact with families 
                and caregivers of infants, toddlers, and other young 
                children; and
                    (K) other Federal and State agencies involved in 
                child abuse prevention activities.
            (3) Period of appointment; vacancies.--
                    (A) Period of appointment.--The Secretary shall, 
                after consultation with the members of the Council 
                initially appointed by the Secretary under paragraph 
                (2), determine and establish the term of service on the 
                Council that shall apply to all current and future 
                members.
                    (B) Vacancies.--Any vacancy in the Council shall 
                not affect the powers of the Council, but shall be 
                filled in the same manner as the original appointment.
            (4) Duties.--The Council shall meet at least semi-
        annually--
                    (A) to develop recommendations regarding the 
                National Action Plan and effective strategies described 
                in subsection (b)(2); and
                    (B) to develop recommendations related to support 
                services for families and caregivers of young children.
            (5) Personnel.--
                    (A) Travel expenses.--The members of the Council 
                shall not receive compensation for the performance of 
                services for the Council, but shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United States 
                Code, while away from their homes or regular places of 
                business in the performance of services for the 
                Council. Notwithstanding section 1342 of title 31, 
                United States Code, the Secretary may accept the 
                voluntary and uncompensated services of members of the 
                Council.
                    (B) Detail of government employees.--Any Federal 
                Government employee may be detailed to the Council 
                without reimbursement, and such detail shall be without 
                interruption or loss of civil service status or 
                privilege.
            (6) Termination of committee.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
        Council. The Secretary shall terminate the Council when the 
        Secretary determines, after consultation with the Council, that 
        it is no longer necessary to pursue the goals and carry out the 
        activities of the Council.

SEC. 4. STUDY ON DATA COLLECTION.

    (a) In General.--The Director of the Centers for Disease Control 
and Prevention shall conduct a study that--
            (1) identifies current data collected on Shaken Baby 
        Syndrome;
            (2) determines the feasibility of collecting uniform, 
        accurate data from all States regarding--
                    (A) incidence rates of Shaken Baby Syndrome;
                    (B) characteristics of perpetrators of Shaken Baby 
                Syndrome, including age, gender, relation to victim, 
                access to prevention materials and resources, and 
                history of substance abuse, domestic violence, and 
                mental illness; and
                    (C) characteristics of victims of Shaken Baby 
                Syndrome, including gender, date of birth, date of 
                injury, date of death (if applicable), and short- and 
                long-term injuries sustained; and
            (3) identifies what would be needed in order to establish a 
        national collection of data on Shaken Baby Syndrome, including 
        examining the possibility of integrating the data collection 
        into an appropriate, existing (as of the date of the 
        identification) national data collection system, and 
        determining what would be needed to accomplish that 
        integration.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, 
except section 4, $10,000,000 for fiscal year 2011 and such sums as may 
be necessary for each of fiscal years 2012, 2013, and 2014.
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