Domestic Violence Prevention and Services Act

(Conference report filed in House, H. Rept. 96-1401)

=Title I: Domestic Violence Prevention= - Domestic Violence Prevention and Services Act - Authorizes the Secretary of Health and Human Services to make grants to States and Indian tribes for projects designed to prevent domestic violence and to provide immediate shelter and other assistance for victims and dependents of victims of domestic violence.

Sets forth conditions for receiving formula grants, including that the State: (1) distribute at least 70 percent of funds received to private nonprofit organizations and give special emphasis to supporting community-based projects; (2) designate a State agency to administer the domestic violence programs and coordinate all such programs within the State; (3) provide assurances that any project funded will seek to coordinate its activities with other State programs and be administered by appropriately trained personnel; (4) provide technical assistance to help entities obtain adequate funding; and (5) submit annually to the State legislature the report which the State is required to submit to the Secretary. Provides that each State will be allotted at least $45,000 for such grants.

Limits the total amount of grants to any local entity (other than a State) to $150,000 for not more than a three year period. Requires that an agency or private entity receiving assistance provide for the following shares of the Federal funding: 25 percent in the first year of assistance, 33.33 percent the second year and 50 percent the third year. Requires in the case of a private organization that one-half of the non-Federal match come from private sources.

Requires that at least 75 percent of the formula grants be distributed to entities providing immediate shelter and related assistance to victims of domestic violence.

Stipulates that such funds may not be used for direct payment to any victim of domestic violence or to a dependent of such victim and that no income eligibility standard may be imposed for anyone seeking services.

Requires entities receiving funds to attempt to recover fees for services rendered based on the ability to pay.

Requires the Secretary to submit written notice to the State legislature upon approving such State's grant application.

Authorizes the Secretary to make supplemental grants to States for: (1) administrative costs; (2) developing and implementing the application; (3) assuring citizen participation; and (4) developing a media campaign to increase public awareness. Provides that each State will be alloted at least $7,500 for such grants.

Requires each State receiving assistance to report annually to the Secretary on the implementation of programs.

Directs the Secretary to: (1) designate within the Department a director of the programs and activities carried out under this title; (2) coordinate (through the interagency council established by this Act) all Federal programs relating to domestic violence; (3) keep Congress informed with respect to implementation of this Act; and (4) establish a national clearinghouse to collect and disseminate information relating to domestic violence; and (5) provide for the acquisition of information regarding domestic violence research projects.

Directs the Secretary to report annually to Congress on the programs authorized under this title and to evaluate and report on the effectiveness of the programs no later than three years after enactment. Requires the Secretary to reserve from sums otherwise available from one to two percent of the sums appropriated under this title for the purpose of carrying out the evaluation activities.

Requires that the records of any person subject to any domestic violence program assisted under this Act or by any Federal department be subject to confidentiality provisions modeled on those set forth in the Drug Abuse Office and Treatment Act of 1972.

Prohibits the Secretary from assisting any program unless the grant, contract, or agreement for such program specifically prohibits any individual with responsibilities for operating the program from discriminating on the basis of race, creed, belief, color, national origin, sex, age, handicap, or political affiliation.

Provides that no individual in the United States shall be denied benefits or employment in connection with programs under this title on the ground of sex.

Establishes a Federal Interagency Council on Domestic Violence, including representatives of State and local governments, to assist the Secretary in coordinating all Federal domestic violence programs.

Directs the Secretary to report within 90 days of the end of fiscal year 1981 and of each subsequent fiscal year to certain congressional committees specific information relating to applications for assistance for domestic violence research.

Defines "domestic violence" to mean an act of violence by a person against another person with whom such person is married, legally residing, or residing in a relationship of husband and wife.

Defines "shelter" as the provision of temporary refuge and related assistance in compliance with applicable State law.

Authorizes appropriations of $15,000,000 for fiscal year 1981; $20,000,000 for fiscal year 1982; and $30,000,000 for fiscal year 1983 to carry out this title. Earmarks 75 percent of appropriations for formula grants, 15 percent for State supplemental grants, and ten percent for the Secretary to carry out Federal activities. Sets aside .5 to one percent of the formula grant allocation for grants to Indian tribes.

=Title II: Study of Abuse of Elderly Individuals= - Directs the Secretary of Health and Human Services to report to the President and Congress within 18 months of enactment on the nature and incidence of abuse of elderly individuals.

=Title III: Parental Kidnapping Prevention Act of 1980= - Parental Kidnapping Prevention Act of 1980 - Requires appropriate State authorities to enforce according to its terms any child custody determination of another State which has jurisdiction if specified conditions are met.

Requires, before a child custody determination is made, that notice and opportunity to be heard be given to the contestants, any parent whose rights have not been terminated, and any person who has physical custody of the child.

Permits a State court with jurisdiction to modify a custody determination of another State court which no longer has or has declined to exercise jurisdiction.

Encourages State courts to: (1) give priority to custody determination proceedings; and (2) award appropriate expenses or fees to the person entitled to custody.

Amends title IV of the Social Security Act (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to enter into agreements with States able and willing to do so under which the Parent Locator Service shall be used to provide information to authorized persons about any absent parent of a child for the purpose of a custody determination or with regard to parental kidnapping. Limits such information to the most recent address and place of employment of any absent parent or child.

Expresses the intent of Congress that the current provision of the Federal criminal code prohibiting flight to avoid prosecution or giving testimony apply to cases involving parental kidnapping and interstate or intentional flight to avoid prosecution under State felony statutes. Requires the Attorney General to report to Congress on the steps taken to comply with this intent.

=Title IV: Commission on Proposals for the National Academy of Peace and Conflict Resolution= - Amends the Education Amendments of 1978 to extend from September 30, 1980, to January 31, 1981, the deadline for the submission to Congress of the final report of the U.S. Commission on Proposals for the National Academy of Peace and Conflict Resolution.