Choose Respect Act

II 116TH CONGRESS 1ST SESSION S. 1076 To amend title 36, United States Code, to designate October 1 as Choose Respect Day, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 9, 2019 Mr. SULLIVAN (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title 36, United States Code, to designate October 1 as Choose Respect Day, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Choose Respect Act’’. 4 SEC. 2. DESIGNATION. 5 (a) IN GENERAL.—Chapter 1 of title 36, United 6 States Code, is amended by adding at the end the fol- 7 lowing: 8 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1076 IS ‘‘§ 146. Choose Respect Day 1 ‘‘(a) DESIGNATION.—October 1 is Choose Respect 2 Day. 3 ‘‘(b) RECOGNITION.—All private citizens, organiza- 4 tions, and Federal, State, and local governmental and leg- 5 islative entities are encouraged to recognize Choose Re- 6 spect Day through proclamations, activities, and edu- 7 cational efforts in furtherance of changing the culture 8 around the tolerance of violence against women.’’. 9 (b) TECHNICAL AND CONFORMING AMENDMENT.— 10 The table of sections for chapter 1 of title 36, United 11 States Code, is amended by adding at the end the fol- 12 lowing: 13 ‘‘146. Choose Respect Day.’’. SEC. 3. MEDIA CAMPAIGN. 14 (a) DEFINITIONS.—In this section: 15 (1) DIRECTOR.—The term ‘‘Director’’ means 16 the Director of the Office on Violence Against 17 Women. 18 (2) NATIONAL MEDIA CAMPAIGN.—The term 19 ‘‘national media campaign’’ means the national 20 ‘‘Choose Respect’’ media campaign described in sub- 21 section (b). 22 (b) MEDIA CAMPAIGN.—The Director shall, to the ex- 23 tent feasible and appropriate, conduct a national ‘‘Choose 24 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1076 IS Respect’’ media campaign in accordance with this section 1 for the purposes of— 2 (1) preventing and discouraging the mistreat- 3 ment of women, including domestic abuse, violence, 4 stalking, and harassment; 5 (2) supporting evidence-based prevention pro- 6 grams targeting the attitudes, perceptions, and be- 7 liefs of individuals who have or are likely to partici- 8 pate in the activities described in paragraph (1); 9 (3) encouraging victims of the activities de- 10 scribed in paragraph (1) to seek help through the 11 means determined to be most effective by the most 12 current evidence available, including seeking legal 13 representation; and 14 (4) informing the public about the help avail- 15 able to victims of the activities described in para- 16 graph (1). 17 (c) USE OF FUNDS.— 18 (1) IN GENERAL.—Amounts made available to 19 carry out this section for the national media cam- 20 paign may only be used for the following: 21 (A) The purchase of media time and space, 22 including the strategic planning for, tracking, 23 and accounting of, such purchases. 24 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1076 IS (B) Creative and talent costs, consistent 1 with paragraph (2). 2 (C) Advertising production costs, which 3 may include television, radio, internet, social 4 media, and other commercial marketing venues. 5 (D) Testing and evaluation of advertising. 6 (E) Evaluation of the effectiveness of the 7 national media campaign. 8 (F) Costs of contracts to carry out activi- 9 ties authorized by this section. 10 (G) Partnerships with professional and 11 civic groups, community-based organizations, 12 including faith-based organizations, and govern- 13 ment organizations related to the national 14 media campaign. 15 (H) Entertainment industry outreach, 16 interactive outreach, media projects and activi- 17 ties, public information, news media outreach, 18 corporate sponsorship and participation, and 19 professional sports associations and military 20 branch participation. 21 (I) Operational and management expenses. 22 (2) SPECIFIC REQUIREMENTS.— 23 (A) CREATIVE SERVICES.—In using 24 amounts for creative and talent costs under 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1076 IS paragraph (1), the Director shall use creative 1 services donated at no cost to the Government 2 wherever feasible and may only procure creative 3 services for advertising— 4 (i) responding to high-priority or 5 emergent campaign needs that cannot 6 timely be obtained at no cost; or 7 (ii) intended to reach a minority, eth- 8 nic, or other special audience that cannot 9 reasonably be obtained at no cost. 10 (B) TESTING AND EVALUATION OF ADVER- 11 TISING.—In using amounts for testing and eval- 12 uation of advertising under paragraph (1)(D), 13 the Director shall test all advertisements prior 14 to use in the national media campaign to en- 15 sure that the advertisements are effective with 16 the target audience and meet industry-accepted 17 standards. The Director may waive this require- 18 ment for advertisements using no more than 10 19 percent of the purchase of advertising time pur- 20 chased under this section in a fiscal year and 21 no more than 10 percent of the advertising 22 space purchased under this section in a fiscal 23 year, if the advertisements respond to emergent 24 and time-sensitive campaign needs or the adver- 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1076 IS tisements will not be widely utilized in the na- 1 tional media campaign. 2 (C) CONSULTATION.—For the planning of 3 the campaign under subsection (b), the Director 4 may consult with— 5 (i) leading national advocacy groups; 6 (ii) the heads of any victim support or 7 antiviolence against women Federal agency 8 or interagency department; 9 (iii) State, local, and Tribal govern- 10 ments; 11 (iv) experts in the field of preventing 12 violence against women; and 13 (v) communications professionals. 14 (D) EVALUATION OF EFFECTIVENESS OF 15 NATIONAL MEDIA CAMPAIGN.—In using 16 amounts for the evaluation of the effectiveness 17 of the national media campaign under para- 18 graph (1)(E), the Attorney General shall— 19 (i) designate an independent entity to 20 evaluate by April 20 of each year the effec- 21 tiveness of the national media campaign 22 based on data from any relevant studies or 23 publications, as determined by the Attor- 24 ney General, including tracking and eval- 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1076 IS uation data collected according to mar- 1 keting and advertising industry standards; 2 and 3 (ii) ensure that the effectiveness of 4 the national media campaign is evaluated 5 in a manner that enables consideration of 6 whether the national media campaign has 7 contributed to changes in attitude or be- 8 haviors among the target audience with re- 9 spect to violence against women and such 10 other measures of evaluation as the Attor- 11 ney General determines are appropriate. 12 (d) ADVERTISING.—In carrying out this section, the 13 Director shall ensure that sufficient funds are allocated 14 to meet the stated goals of the national media campaign. 15 (e) RESPONSIBILITIES AND FUNCTIONS UNDER THE 16 PROGRAM.— 17 (1) IN GENERAL.—The Director shall determine 18 the overall purposes and strategy of the national 19 media campaign. 20 (2) DIRECTOR.— 21 (A) IN GENERAL.—The Director shall ap- 22 prove— 23 (i) the strategy of the national media 24 campaign; 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1076 IS (ii) all advertising and promotional 1 material used in the national media cam- 2 paign; and 3 (iii) the plan for the purchase of ad- 4 vertising time and space for the national 5 media campaign. 6 (B) IMPLEMENTATION.—The Director 7 shall be responsible for implementing a focused 8 national media campaign to meet the purposes 9 set forth in subsection (b) and shall ensure— 10 (i) information disseminated through 11 the campaign is accurate and scientifically 12 valid; and 13 (ii) the campaign is designed using 14 strategies demonstrated to be the most ef- 15 fective at achieving the goals and require- 16 ments of subsection (b), which may in- 17 clude— 18 (I) a media campaign, as de- 19 scribed in subsection (c); 20 (II) local, regional, or population 21 specific messaging; 22 (III) the development of websites 23 to publicize and disseminate informa- 24 tion; 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1076 IS (IV) conducting outreach and 1 providing educational resources for 2 women; 3 (V) collaborating with law en- 4 forcement agencies; and 5 (VI) providing support for school- 6 based public health education classes 7 to improve teen knowledge about the 8 effects of violence against women. 9 (f) PROHIBITIONS.—None of the amounts made 10 available under subsection (c) may be obligated or ex- 11 pended for any of the following: 12 (1) To supplant current antiviolence against 13 women community-based coalitions. 14 (2) To supplant pro bono public service time 15 donated by national and local broadcasting networks 16 for other public service campaigns. 17 (3) For partisan political purposes, or to ex- 18 press advocacy in support of or to defeat any clearly 19 identified candidate, clearly identified ballot initia- 20 tive, or clearly identified legislative or regulatory 21 proposal. 22 (4) To fund advertising that features any elect- 23 ed officials, persons seeking elected office, cabinet 24 level officials, or other Federal officials employed 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1076 IS pursuant to section 213 of Schedule C of title 5, 1 Code of Federal Regulations. 2 (5) To fund advertising that does not contain a 3 primary message intended to reduce or prevent vio- 4 lence against women. 5 (6) To fund advertising containing a primary 6 message intended to promote support for the na- 7 tional media campaign or private sector contribu- 8 tions to the national media campaign. 9 (g) FINANCIAL AND PERFORMANCE ACCOUNT- 10 ABILITY.—The Director shall cause to be performed— 11 (1) audits and reviews of costs of the national 12 media campaign pursuant to section 4706 of title 13 41, United States Code; and 14 (2) an audit to determine whether the costs of 15 the national media campaign are allowable under 16 chapter 43 of title 41, United States Code. 17 (h) REPORT TO CONGRESS.—The Director shall sub- 18 mit on an annual basis a report to Congress that de- 19 scribes— 20 (1) the strategy of the national media campaign 21 and whether specific objectives of the national media 22 campaign were accomplished; 23 (2) steps taken to ensure that the national 24 media campaign operates in an effective and effi- 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1076 IS cient manner consistent with the overall strategy 1 and focus of the national media campaign; 2 (3) plans to purchase advertising time and 3 space; 4 (4) policies and practices implemented to ensure 5 that Federal funds are used responsibly to purchase 6 advertising time and space and eliminate the poten- 7 tial for waste, fraud, and abuse; 8 (5) all contracts entered into with a corpora- 9 tion, partnership, or individual working on behalf of 10 the national media campaign; 11 (6) the results of any financial audit of the na- 12 tional media campaign; 13 (7) a description of any evidence used to de- 14 velop the national media campaign; 15 (8) specific policies and steps implemented to 16 ensure compliance with this section; 17 (9) a detailed accounting of the amount of 18 funds obligated during the previous fiscal year for 19 carrying out the national media campaign, including 20 each recipient of funds, the purpose of each expendi- 21 ture, the amount of each expenditure, any available 22 outcome information, and any other information nec- 23 essary to provide a complete accounting of the funds 24 expended; and 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1076 IS (10) a review and evaluation of the effectiveness 1 of the national media campaign strategy for the past 2 year. 3 (i) AUTHORIZATION OF APPROPRIATIONS.—There 4 are authorized to be appropriated to the Director to carry 5 out this section $5,000,000 for each of fiscal years 2019 6 through 2024, to remain available until expended. 7 SEC. 4. REIMPLEMENTATION OF CHOOSE RESPECT INITIA- 8 TIVE. 9 (a) IN GENERAL.—The Director of the Centers for 10 Disease Control and Prevention shall reimplement the na- 11 tional ‘‘Choose Respect’’ initiative that the Centers for 12 Disease Control and Prevention implemented in 2006. 13 (b) REPORT.—The Director of the Centers for Dis- 14 ease Control and Prevention shall submit to Congress a 15 report on the reimplementation of the ‘‘Choose Respect’’ 16 initiative required under subsection (a). 17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 18 are authorized to be appropriated to the Director of the 19 Centers for Disease Control and Prevention to carry out 20 this section $1,000,000 for each of fiscal years 2019 21 through 2024, to remain available until expended. 22 SEC. 5. SEMIPOSTAL. 23 (a) DEFINITION.—In this section, the term 24 ‘‘semipostal stamp’’ has the meaning given the term 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1076.IS S1076 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 1076 IS ‘‘semipostal’’ in section 416(a) of title 39, United States 1 Code. 2 (b) ISSUANCE.—In order to afford a convenient way 3 for members of the public to contribute to changing the 4 culture around the tolerance of violence against women, 5 the United S [Text truncated for display. Full text available on Congress.gov.]