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II
113th CONGRESS
1st Session
S. 129
IN THE SENATE OF THE UNITED STATES
January 24
(legislative day, January 3), 2013
Mr. Whitehouse
introduced the following bill; which was read twice and referred to the
Committee on the
Judiciary
A BILL
To save money and reduce tragedies through prevention
grants.
1.
Short title
This Act may be cited as the
Saving Money and Reducing Tragedies
through Prevention Act of 2013 or the SMART Prevention Act of 2013.
2.
Saving money and
reducing tragedies through prevention grants
(a)
SMART
prevention
Section 41303 of the Violence Against Women Act of
1994 (42 U.S.C. 14043d–2) is amended to read as follows:
41303.
Saving Money
and Reducing Tragedies through Prevention (SMART Prevention)
(a)
Grants
authorized
The Attorney General, in consultation with the
Secretary of Health and Human Services and the Secretary of Education, is
authorized to award grants for the purpose of preventing domestic violence,
dating violence, sexual assault, and stalking by taking a comprehensive
approach that focuses on youth, children exposed to violence, and men as
leaders and influencers of social norms.
(b)
Use of
funds
Funds provided under this section may be used for the
following purposes:
(1)
Teen dating
violence awareness and prevention
To develop, maintain, or
enhance programs that change attitudes and behaviors around the acceptability
of domestic violence, dating violence, sexual assault, and stalking and provide
education and skills training to young individuals and individuals who
influence young individuals. The prevention program may use evidence-based,
evidence-informed, or innovative strategies and practices focused on youth.
Such a program should include—
(A) age and
developmentally appropriate education on domestic violence, dating violence,
sexual assault, stalking, and sexual coercion, as well as healthy relationship
skills, in school, in the community, or in health care settings;
(B) community-based
collaboration and training for those with influence on youth, such as parents,
teachers, coaches, health-care providers, faith-leaders, older teens, and
mentors;
(C) education and
outreach to change environmental factors contributing to domestic violence,
dating violence, sexual assault, and stalking; and
(D) policy
development targeted to prevention, including school-based policies and
protocols.
(2)
Children
exposed to violence and abuse
To develop, maintain or enhance
programs designed to prevent future incidents of domestic violence, dating
violence, sexual assault, and stalking by preventing, reducing and responding
to children’s exposure to violence in the home. Such programs may
include—
(A) providing
services for children exposed to domestic violence, dating violence, sexual
assault or stalking, including direct counseling or advocacy, and support for
the non-abusing parent; and
(B) training and
coordination for educational, after-school, and childcare programs on how to
safely and confidentially identify children and families experiencing domestic
violence, dating violence, sexual assault, or stalking and properly refer
children exposed and their families to services and violence prevention
programs.
(3)
Engaging men as
leaders and role models
To develop, maintain or enhance programs
that work with men to prevent domestic violence, dating violence, sexual
assault, and stalking by helping men to serve as role models and social
influencers of other men and youth at the individual, school, community or
statewide levels.
(c)
Eligible
entities
To be eligible to receive a grant under this section, an
entity shall be—
(1) a victim service
provider, community-based organization, tribe or tribal organization, or other
non-profit, nongovernmental organization that has a history of effective work
preventing domestic violence, dating violence, sexual assault, or stalking and
expertise in the specific area for which they are applying for funds; or
(2) a partnership
between a victim service provider, community-based organization, tribe or
tribal organization, or other non-profit, nongovernmental organization that has
a history of effective work preventing domestic violence, dating violence,
sexual assault, or stalking and at least one of the following that has
expertise in serving children exposed to domestic violence, dating violence,
sexual assault, or stalking, youth domestic violence, dating violence, sexual
assault, or stalking prevention, or engaging men to prevent domestic violence,
dating violence, sexual assault, or stalking:
(A) A public,
charter, tribal, or nationally accredited private middle or high school, a
school administered by the Department of Defense under section 2164 of title
10, United States Code, or section 1402 of the Defense Dependents' Education
Act of 1978, a group of schools, or a school district.
(B) A local
community-based organization, population-specific organization, or faith-based
organization that has established expertise in providing services to
youth.
(C) A community-based
organization, population-specific organization, university or health care
clinic, faith-based organization, or other non-profit, nongovernmental
organization with a demonstrated history of effective work addressing the needs
of children exposed to domestic violence, dating violence, sexual assault, or
stalking.
(D) A nonprofit,
nongovernmental entity providing services for runaway or homeless youth
affected by domestic violence, dating violence, sexual assault, or
stalking.
(E) Health care
entities eligible for reimbursement under title XVIII of the Social Security
Act, including providers that target the special needs of children and
youth.
(F) Any other
agencies, population-specific organizations, or nonprofit, nongovernmental
organizations with the capacity to provide necessary expertise to meet the
goals of the program.
(d)
Grantee
requirements
(1)
In
general
Applicants for grants under this section shall prepare
and submit to the Director an application at such time, in such manner, and
containing such information as the Director may require that demonstrates the
capacity of the applicant and partnering organizations to undertake the
project.
(2)
Policies and
procedures
Applicants under this section shall establish and
implement policies, practices, and procedures that—
(A) include
appropriate referral systems to direct any victim identified during program
activities to highly qualified follow-up care;
(B) protect the
confidentiality and privacy of adult and youth victim information, particularly
in the context of parental or third party involvement and consent, mandatory
reporting duties, and working with other service providers;
(C) ensure that all
individuals providing prevention programming through a program funded under
this section have completed or will complete sufficient training in connection
with domestic violence, dating violence, sexual assault or stalking; and
(D) document how
prevention programs are coordinated with service programs in the
community.
(3)
Preference
In
selecting grant recipients under this section, the Attorney General shall give
preference to applicants that—
(A) include
outcome-based evaluation; and
(B) identify any
other community, school, or State-based efforts that are working on domestic
violence, dating violence, sexual assault, or stalking prevention and explain
how the grantee or partnership will add value, coordinate with other programs,
and not duplicate existing efforts.
(e)
Definitions and
grant conditions
(1)
In
general
In this section and except as provided in paragraph (2),
the definitions and grant conditions provided for in section 40002 shall
apply.
(2)
Youth
In
this section, the term youth shall include individuals 11 years of
age.
(f)
Authorization
of appropriations
There is authorized to be appropriated to carry
out this section, $15,000,000 for each of fiscal years 2014 through 2018.
Amounts appropriated under this section may only be used for programs and
activities described under this section.
(g)
Allotment
(1)
In
general
Not less than 25 percent of the total amounts
appropriated under this section in each fiscal year shall be used for each set
of purposes described in paragraphs (1), (2), and (3) of subsection (a).
(2)
Indian
tribes
Not less than 10 percent of the total amounts appropriated
under this section in each fiscal year shall be made available for grants to
Indian tribes or tribal organizations. If an insufficient number of
applications are received from Indian tribes or tribal organizations, such
funds shall be allotted to other population-specific
programs.
.
(b)
Repeals
The following provisions are
repealed:
(1) Sections 41304 and 41305 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043d–3 and 14043d–4).
(2) Section 403 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (42 U.S.C.
14045c).