34 U.S.C. § 12462 — Purpose

Page 371 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12462 populations, who are victims of domestic violence, dat- ing violence, sexual assault, stalking, and sex traf- ficking’’ for ‘‘target youth who are victims of domestic violence, dating violence, sexual assault, stalking, and sex trafficking’’ in introductory provisions. Subsec. (b)(1)(D), (E). Pub. L. 117–103, § 302(1)(A)(ii)–(iv), added subpars. (D) and (E). Subsec. (b)(2)(A). Pub. L. 117–103, § 302(1)(B)(i), sub- stituted ‘‘stalking, sex trafficking, or female genital mutilation or cutting’’ for ‘‘stalking, or sex traf- ficking’’. Subsec. (b)(2)(C). Pub. L. 117–103, § 302(1)(B)(ii), in- serted ‘‘confidential’’ before ‘‘support services’’. Subsec. (b)(2)(E). Pub. L. 117–103, § 302(1)(B)(iii), in- serted ‘‘, including youth in underserved populations,’’ after ‘‘programming for youth’’. Subsec. (b)(3), (4). Pub. L. 117–103, § 302(1)(C), added pars. (3) and (4). Subsec. (c)(1)(A). Pub. L. 117–103, § 302(2)(A)(ii), which directed insertion of ‘‘Native Hawaiian organization, urban Indian organization,’’ before ‘‘or population-spe- cific community-based organization’’, was executed by making the insertion before ‘‘or population-specific or community-based organization’’, to reflect the prob- able intent of Congress. Pub. L. 117–103, § 302(2)(A)(i), inserted ‘‘organization’’ after ‘‘tribal nonprofit’’. Subsec. (c)(2)(A). Pub. L. 117–103, § 302(2)(B), sub- stituted ‘‘subparagraph (A) or (B) of paragraph (1)’’ for ‘‘paragraph (1)’’. Subsec. (d)(3). Pub. L. 117–103, § 302(3), substituted ‘‘, including training on working with youth victims of domestic violence, dating violence, sexual assault, or sex trafficking in underserved populations, if such youth are among those being served.’’ for period at end. Subsec. (f). Pub. L. 117–103, § 302(4), which directed substitution of ‘‘$30,000,000 for each of fiscal years 2023 through 2027’’ for ‘‘$15,000,000 for each of fiscal years 2014 through 2018’’, was executed by making the substi- tution for ‘‘$15,000,000 for each of fiscal years 2019 through 2022’’, to reflect the probable intent of Con- gress. 2018—Subsec. (f). Pub. L. 115–393 substituted ‘‘2019 through 2022’’ for ‘‘2014 through 2018’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE Section not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure. PART K—STRENGTHENING AMERICA’S FAMILIES BY PREVENTING VIOLENCE AGAINST WOMEN AND CHILDREN § 12461. Findings Congress finds that— (1) the former United States Advisory Board on Child Abuse suggests that domestic vio- lence may be the single major precursor to child abuse and neglect fatalities in this coun- try; (2) studies suggest that as many as 10,000,000 children witness domestic violence every year; (3) studies suggest that among children and teenagers, recent exposure to violence in the home was a significant factor in predicting a child’s violent behavior; (4) a study by the Nurse-Family Partnership found that children whose parents did not par- ticipate in home visitation programs that pro- vided coaching in parenting skills, advice and support, were almost 5 times more likely to be abused in their first 2 years of life; (5) a child’s exposure to domestic violence seems to pose the greatest independent risk for being the victim of any act of partner vio- lence as an adult; (6) children exposed to domestic violence are more likely to believe that using violence is an effective means of getting one’s needs met and managing conflict in close relationships; (7) children exposed to abusive parenting, harsh or erratic discipline, or domestic vio- lence are at increased risk for juvenile crime; and (8) in a national survey of more than 6,000 American families, 50 percent of men who fre- quently assaulted their wives also frequently abused their children. (Pub. L. 103–322, title IV, § 41301, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3017.) Editorial Notes CODIFICATION Section was formerly classified to section 14043d of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12462. Purpose The purpose of this part is to— (1) prevent crimes involving violence against women, children, and youth; (2) increase the resources and services avail- able to prevent violence against women, chil- dren, and youth; (3) reduce the impact of exposure to violence in the lives of children and youth so that the intergenerational cycle of violence is inter- rupted; (4) develop and implement education and services programs to prevent children in vul- nerable families from becoming victims or perpetrators of domestic violence, dating vio- lence, sexual assault, or stalking; (5) promote programs to ensure that chil- dren and youth receive the assistance they need to end the cycle of violence and develop mutually respectful, nonviolent relationships; and (6) encourage collaboration among commu- nity-based organizations and governmental agencies serving children and youth, providers of health and mental health services and pro- viders of domestic violence, dating violence, sexual assault, and stalking victim services to prevent violence against women and children. (Pub. L. 103–322, title IV, § 41302, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018.) Editorial Notes CODIFICATION Section was formerly classified to section 14043d–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 372 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12463 § 12463. 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 do- mestic violence, dating violence, sexual assault, and stalking by focusing on men and youth as leaders and influencers of social norms. (b) Use of funds Funds provided under this section may be used to develop, maintain or enhance programs that work with men and youth to prevent domestic violence, dating violence, sexual assault, and stalking by helping men and youth 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 organiza- tion, or other non-profit, nongovernmental or- ganization 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 his- tory of effective work preventing domestic vi- olence, 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 as- sault, or stalking, youth domestic violence, dating violence, sexual assault, or stalking prevention, or engaging men to prevent do- mestic violence, dating violence, sexual as- sault, 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 or sec- tion 921 of title 20, a group of schools, or a school district. (B) A local community-based organization, population-specific organization, or faith- based organization that has established ex- pertise in providing services to youth. (C) A community-based organization, pop- ulation-specific organization, university or health care clinic, faith-based organization, or other non-profit, nongovernmental orga- nization with a demonstrated history of ef- fective work addressing the needs of children exposed to domestic violence, dating vio- lence, 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) Healthcare entities eligible for reim- bursement under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.], includ- ing providers that target the special needs of children and youth. (F) Any other agencies, population-specific organizations, or nonprofit, nongovern- mental organizations with the capacity to provide necessary expertise to meet the goals of the program; or (3) a public, charter, tribal, or nationally ac- credited private middle or high school, a school administered by the Department of De- fense under section 2164 of title 10 or section 921 of title 20, a group of schools, a school dis- trict, or an institution of higher education. (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 proce- dures 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, par- ticularly 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 connec- tion 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 sec- tion, the Attorney General shall give pref- erence to applicants that— (A) include outcome-based evaluation; (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; and (C) include a focus on the unmet needs of underserved populations. (e) Definitions and grant conditions In this section, the definitions and grant con- ditions provided for in section 12291 of this title shall apply. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section, $20,000,000 for each of fis- cal years 2023 through 2027. Amounts appro- priated under this section may only be used for