I
107TH CONGRESS
2D SESSION
H. R. 4916
To amend the Public Health Service Act to provide services for the prevention
of family violence.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 2002
Mrs. CAPPS (for herself, Mr. LATOURETTE, Mr. ENGLISH, Mr. WAXMAN, Ms.
NORTON, 
Mr. 
MCGOVERN, 
Ms. 
SLAUGHTER, 
Mr. 
FROST, 
Ms.
MILLENDER-MCDONALD, Mr. MCNULTY, Mr. WEXLER, Ms. SANCHEZ,
Mr. BLAGOJEVICH, Ms. SCHAKOWSKY, Ms. BROWN of Florida, Mr.
BLUMENAUER, Mr. OWENS, Ms. CARSON of Indiana, Mrs. CLAYTON,
Mrs. NAPOLITANO, Mr. BACA, Ms. WOOLSEY, and Mrs. CHRISTENSEN)
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Family Violence Pre-
vention 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 fol-
lowing:
‘‘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 re-
lated by blood or marriage or is otherwise le-
gally related;
‘‘(B) with whom such person is or was law-
fully residing; or
‘‘(C) with whom such person is or has been
in a social relationship of a romantic or inti-
mate nature where the existence of such a rela-
tionship shall be determined based on a consid-
eration of—
‘‘(i) the length of the relationship;
‘‘(ii) the type of the relationship; and
‘‘(iii) the frequency of interaction be-
tween the individuals involved in the rela-
tionship.
‘‘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 Sec-
retary.
‘‘(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 pro-
grams 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 de-
partments or agencies to develop a Federal family
violence prevention Internet website to provide
information—
‘‘(B) hold any office in, or act in any ca-
pacity for, any organization, agency, or institu-
tion 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 appro-
priate consultation with representatives of States and
units of local government, establish such rules, regula-
tions, 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 in-
formation, including professional and public education,
concerning family violence.
‘‘(b) LINKAGES.—In establishing centers under sub-
section (a), the Secretary shall ensure that—
‘‘(1) one center is linked to the Centers for Dis-
ease Control and Prevention;
‘‘(2) one center is linked to the National Insti-
tute 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 sex-
ual 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 vio-
lence research, including, in collaboration with the
Centers for Disease Control and Prevention, the ad-
ministration of annual national surveys concerning
the prevalence and characteristics of different forms
of family violence, including child abuse, domestic vi-
olence, and elder abuse; and
‘‘(2) may provide for the conduct of family vio-
lence 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 sub-
paragraph (A);
‘‘(C) research concerning patterns of
health care utilization by victims of family vio-
lence 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 require-
ments, 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 pat-
terns; 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 gov-
ernments 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 depend-
ents;
‘‘(E) research and testing of best messages
and strategies to mobilize public action con-
cerning 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 vio-
lence on other health behaviors and health con-
ditions.
‘‘(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 enti-
ties.
‘‘(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 estab-
lish 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 ap-
pointed 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 ap-
pointed 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 fol-
lowing shall be ex-officio members of the advi-
sory board:
‘‘(i) The Assistant Secretary for
Health.
‘‘(ii) The Director of the National In-
stitutes of Health.
‘‘(iii) The Director of the National In-
stitute for Mental Health.
‘‘(iv) The Director of the Centers for
Disease Control and Prevention.
‘‘(v) The Assistant Secretary for Chil-
dren and Families.
‘‘(vi) The Assistant Secretary for
Aging.
‘‘(vii) 
The 
Administrator 
of 
the
Health Resources and Services Administra-
tion.
‘‘(viii) The Director of the Substance
Abuse and Mental Health Services Admin-
istration.
‘‘(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 re-
quest of the Secretary, but not less often than 4
times each year.
‘‘(4) DUTIES.—In order to ensure the most ef-
fective use and organization of Federal resources
concerning family violence, the advisory board shall
provide advice and make recommendations to Con-
gress and the Secretary with respect to the imple-
mentation 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 subcommit-
tees 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 ful-
filling 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 vio-
lence 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 cen-
ter, a hospital, and a community health center;
or
‘‘(B) an entity not described in subpara-
graph (A) that enters into a collaborative rela-
tionship with an entity described in such sub-
paragraph for purposes of this section, such as
a national or local non-profit entity with exper-
tise in family violence, a State coalition for do-
mestic violence, a State coalition for sexual as-
sault, 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 agree-
ments, 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 vio-
lence identification and treatment training pro-
grams; 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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