Directs the Secretary of Health and Human Services to provide for the establishment of five family violence research and education centers through grants or contracts with public and nonprofit private entities. Requires such centers to: (1) include both professional and public education; and (2) be linked to national, State, and local resources. Requires one center to be linked to the Centers for Disease Control and Prevention and another to the National Institute of Mental Health.
Directs the Secretary to establish an advisory board to make recommendations concerning the centers' research agenda.
Requires the Director to award grants to eligible entities, including healthcare delivery systems or training entities, to develop and disseminate family violence education and training curricula, programs, and strategies.
[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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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