Att 1b - Autho Leg

Attachment 1B

Authorizing Legislation

From the U.S. Code Online via GPO Access [wais.access.gpo.gov]

[Laws in effect as of January 24, 2002][Document not affected by Public Laws enacted between January 24, 2002 and December 19, 2002]

[CITE: 42USC10401]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

SEC. 314. DOMESTIC VIOLENCE PREVENTION ENHANCEMENT AND

LEADERSHIP THROUGH ALLIANCES (DELTA).

(a) IN GENERAL.—The Secretary shall enter into cooperative agreements with State Domestic Violence Coalitions for the purposes of establishing, operating, and maintaining local community projects to prevent family violence, domestic violence, and dating violence, including violence committed by and against youth, using a coordinated community response model and through prevention and education programs.

(b) TERM.— The Secretary shall enter into a cooperative agreement under this section for a period of not more than 5 fiscal years.

(c) CONDITIONS ON PAYMENT.— The provision of payments under a cooperative agreement under this section shall be subject to—

(1) annual approval by the Secretary; and

(2) the availability of appropriations for each fiscal year to make the payments.

(d) ELIGIBILITY.— To be eligible to enter into a cooperative agreement under this section, an organization shall—

(1) be a State Domestic Violence Coalition; and

(2) include representatives of pertinent sectors of the local community, which may include—

(A) health care providers and State or local health departments;

(B) the education community;

(C) the faith-based community;

(D) the criminal justice system;

(E) family violence, domestic violence, and dating violence service program advocates;

(F) human service entities such as State child services divisions;

(G) business and civic leaders; and

(H) other pertinent sectors.

(e) APPLICATIONS.— An organization that desires to enter into a cooperative agreement under this section shall submit to the

Secretary an application, in such form and in such manner as the Secretary shall require, that—

(1) demonstrates the capacity of the applicant, who may enter into a partnership with a local family violence, domestic violence, or dating violence service provider or community based organization, to undertake the project involved;

(2) demonstrates that the project will include a coordinated community response to improve and expand prevention strategies

through increased communication and coordination among all affected sectors of the local community;

(3) includes a complete description of the applicant’s plan for the establishment and implementation of the coordinated community response, including a description of—

(A) the method to be used for identification and selection of an administrative committee made up of persons

knowledgeable about comprehensive family violence, domestic violence, and dating violence prevention planning to oversee the project, hire staff, assure compliance with the project outline, and secure annual evaluation of the project;

(B) the method to be used for identification and selection of project staff and a project evaluator;

(C) the method to be used for identification and selection of a project council consisting of representatives of the community sectors listed in subsection (d)(2); and

(D) the method to be used for identification and selection of a steering committee consisting of representatives of the various community sectors who will chair subcommittees of the project council, each of which will focus on 1 of the sectors;

(4) demonstrates that the applicant has experience in providing, or the capacity to provide, prevention-focused training and technical assistance;

(5) demonstrates that the applicant has the capacity to carry out collaborative community initiatives to prevent family violence, domestic violence, and dating violence; and

(6) contains such other information, agreements, and assurances as the Secretary may require.

(f) GEOGRAPHICAL DISPERSION.—The Secretary shall enter into cooperative agreements under this section with organizations in States geographically dispersed throughout the Nation.

(g) USE OF FUNDS.—

(1) IN GENERAL.— An organization that enters into a cooperative agreement under subsection (a) shall use the funds made available through the agreement to establish, operate, and maintain comprehensive family violence, domestic violence, and dating violence prevention programming.

(2) TECHNICAL ASSISTANCE, EVALUATION AND MONITORING.—

The Secretary may use a portion of the funds provided under this section to—

(A) provide technical assistance;

(B) monitor the performance of organizations carrying out activities under the cooperative agreements; and

(C) conduct an independent evaluation of the program carried out under this section.

(3) REQUIREMENTS.— In establishing and operating a project under this section, an eligible organization shall—

(A) establish protocols to improve and expand family violence, domestic violence, and dating violence prevention and intervention strategies within affected community sectors described in subsection (d)(2);

(B) develop comprehensive prevention plans to coordinate prevention efforts with other community sectors;

(C) provide for periodic evaluation of the project, and analysis to assist in replication of the prevention strategies used in the project in other communities, and submit a report under subsection (h) that contains the evaluation and analysis;

(D) develop, replicate, or conduct comprehensive, evidence- informed primary prevention programs that reduce risk factors and promote protective factors that reduce the likelihood of family violence, domestic violence, and dating violence, which may include—

(i) educational workshops and seminars;

(ii) training programs for professionals;

(iii) the preparation of informational material;

(iv) developmentally appropriate education programs;

(v) other efforts to increase awareness of the facts about, or to help prevent, family violence, domestic violence, and dating violence; and

(vi) the dissemination of information about the results of programs conducted under this subparagraph;

(E) utilize evidence-informed prevention program planning; and

(F) recognize, in applicable cases, the needs of underserved populations, racial and linguistic populations, and individuals with disabilities.

(h) REPORTS AND EVALUATION.— Each organization entering into a cooperative agreement under this section shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance report shall describe activities that have been carried out with the funds made available through the agreement, contain an evaluation of the effectiveness of such activities, and provide such additional information as the Secretary may reasonably require. The Secretary shall make the evaluations received under this subsection publicly available on the Department of Health and Human Services website.

The reports shall also be submitted to the Committee on Education

and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.’’.