34 U.S.C. § 10448 — General terms and conditions

Page 141 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10448 ‘‘(1) Approximately 1 in 15 children is exposed to do- mestic violence each year. ‘‘(2) Most child abuse is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence sepa- rates from a domestic partner, even when the perpe- trator has not previously directly abused the child. Children who have witnessed intimate partner vio- lence are approximately 4 times more likely to expe- rience direct child maltreatment than children who have not witnessed intimate partner violence. ‘‘(3) More than 75 percent of child sexual abuse is perpetrated by a family member or a person known to the child. Data of the Department of Justice shows that family members are 49 percent, or almost half, of the perpetrators of crimes against child sex assault victims younger than 6 years of age. ‘‘(4) Research suggests a child’s exposure to a batterer is among the strongest indicators of risk of incest victimization. One study found that female children with fathers who are batterers of their mothers were 6.5 times more likely to experience fa- ther-daughter incest than female children who do not have abusive fathers. ‘‘(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs asso- ciated with just 1 year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124,000,000,000 in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States. ‘‘(6) Empirical research indicates that courts regu- larly discount allegations of child physical and sex- ual abuse when those allegations are raised in child custody cases. Courts believed less than 1⁄4 of claims that a father has committed child physical or sexual abuse. With respect to cases in which an allegedly abusive parent claimed the mother ‘alienated’ the child, courts believed only 1 out of 51 claims of sexual molestation by a father. Independent research indi- cates that child sexual abuse allegations are credible between 50 and 70 percent of the time. ‘‘(7) Empirical research shows that alleged or known abusive parents are often granted custody or unprotected parenting time by courts. Approximately 1⁄3 of parents alleged to have committed child abuse took primary custody from the protective parent re- porting the abuse, placing children at ongoing risk. ‘‘(8) Researchers have documented nearly 800 child murders in the United States since 2008 committed by a divorcing or separating parent. More than 100 of these child murders are known to have occurred after a court ordered the child to have contact with the dangerous parent over the objection of a safe parent or caregiver. ‘‘(9) Scientifically unsound theories that treat abuse allegations of mothers as likely false attempts to undermine fathers are frequently applied in family court to minimize or deny reports of abuse of parents and children. Many experts who testify against abuse allegations lack expertise in the relevant type of al- leged abuse, relying instead on unsound and unproven theories. ‘‘(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and do- mestic violence are rarely required to receive train- ing on these subjects, and most States have not es- tablished standards for such training.’’ [For definitions of terms used in section 1502 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under sec- tion 12291 of this title.] PURPOSES Pub. L. 117–103, div. W, title XV, § 1503, Mar. 15, 2022, 136 Stat. 952, provided that: ‘‘The purposes of this title [see Short Title of 2022 Amendment note set out under section 10101 of this title] are to— ‘‘(1) increase the priority given to child safety in any State court divorce, separation, visitation, pater- nity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings; ‘‘(2) strengthen the abilities of courts to— ‘‘(A) recognize and adjudicate domestic violence and child abuse allegations based on valid, admis- sible evidence; and ‘‘(B) enter orders that protect and minimize the risk of harm to children; and ‘‘(3) ensure that professional personnel involved in cases containing domestic violence or child abuse al- legations receive trauma-informed and culturally ap- propriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse.’’ [For definitions of terms used in section 1503 of div. W of Pub. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(b) of div. W of Pub. L. 117–103, which is set out as a note under sec- tion 12291 of this title.] § 10447. Definitions and grant conditions In this subchapter the definitions and grant conditions in section 12291 of this title shall apply. (Pub. L. 90–351, title I, § 2008, as added Pub. L. 109–162, § 3(c)(1), Jan. 5, 2006, 119 Stat. 2971.) Editorial Notes CODIFICATION Section was formerly classified to section 3796gg–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 2008 of Pub. L. 90–351 was renumbered section 2016 and is classified to section 10453 of this title. PRIOR PROVISIONS A prior section 2008 of title I of Pub. L. 90–351, for- merly § 2003, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1913; amended Pub. L. 106–386, div. B, title I, §§ 1103(b)(3), 1109(a)(1), Oct. 28, 2000, 114 Stat. 1496, 1502; renumbered § 2008, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276, related to definitions of terms in part T of title I of Pub. L. 90–351, prior to repeal by Pub. L. 109–162, § 3(c)(1), Jan. 5, 2006, 119 Stat. 2971. Statutory Notes and Related Subsidiaries DEFINITIONS AND GRANT CONDITIONS APPLICABLE TO DIVISION B OF PUB. L. 106–386 Pub. L. 106–386, div. B, § 1002, Oct. 28, 2000, 114 Stat. 1491, as amended by Pub. L. 109–162, § 3(d), Jan. 5, 2006, 119 Stat. 2972, provided that: ‘‘In this division [see sec- tion 1001 of Pub. L. 106–386, set out as a Short Title of 2000 Act note under section 10101 of this title] the defi- nitions and grant conditions in section 40002 of the Vio- lence Against Women Act of 1994 [34 U.S.C. 12291] shall apply.’’ § 10448. General terms and conditions (a) Nonmonetary assistance In addition to the assistance provided under this subchapter, the Attorney General may re- quest any Federal agency to use its authorities and the resources granted to it under Federal law (including personnel, equipment, supplies, Page 142 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10449 1 So in original. See References in Text note below. facilities, and managerial, technical, and advi- sory services) in support of State, tribal, and local assistance efforts. (b) Reporting Not later than 1 month after the end of each even-numbered fiscal year, the Attorney Gen- eral shall submit to the Committee on the Judi- ciary of the House of Representatives and the Committee on the Judiciary of the Senate a re- port that includes, for each State and for each grantee Indian tribe— (1) the number of grants made and funds dis- tributed under this subchapter; (2) a summary of the purposes for which those grants were provided and an evaluation of their progress; (3) a statistical summary of persons served, detailing the nature of victimization, and pro- viding data on age, sex, relationship of victim to offender, geographic distribution, race, eth- nicity, language, and disability, and the mem- bership of persons served in any underserved population; and (4) an evaluation of the effectiveness of pro- grams funded under this subchapter. (c) Regulations or guidelines Not later than 120 days after September 13, 1994, the Attorney General shall publish pro- posed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines imple- menting this subchapter. (Pub. L. 90–351, title I, § 2009, formerly § 2004, as added Pub. L. 103–322, title IV, § 40121(a)(3), Sept. 13, 1994, 108 Stat. 1914; amended Pub. L. 106–386, div. B, title I, § 1103(b)(4), Oct. 28, 2000, 114 Stat. 1497; renumbered § 2009, Pub. L. 107–273, div. A, title IV, § 402(2), Nov. 2, 2002, 116 Stat. 1789; Pub. L. 108–405, title III, § 310(b), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 109–162, § 3(b)(3), title XI, §§ 1134(b), 1135(c), Jan. 5, 2006, 119 Stat. 2971, 3108, 3109; Pub. L. 109–271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766.) Editorial Notes CODIFICATION Section was formerly classified to section 3796gg–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (b). Pub. L. 109–162, §§ 1134(b) and 1135(c), which directed an amendment substantially identical to that made by Pub. L. 109–162, § 3(b)(3), were repealed by Pub. L. 109–271, §§ 2(d) and 8(b). Pub. L. 109–162, § 3(b)(3), substituted ‘‘Not later than 1 month after the end of each even-numbered fiscal year, the Attorney General shall submit’’ for ‘‘Not later than 180 days after the end of each fiscal year for which grants are made under this subchapter, the At- torney General shall submit’’ in introductory provi- sions. 2000—Subsec. (b)(3). Pub. L. 106–386 inserted ‘‘, and the membership of persons served in any underserved population’’ before the semicolon. § 10449. Rape exam payments (a) Restriction of funds (1) In general A State, Indian tribal government, or unit of local government shall not be entitled to funds under this subchapter 1 unless the State, Indian tribal government, unit of local govern- ment, or another governmental entity— (A) incurs the full out-of-pocket cost of fo- rensic medical exams described in subsection (b) for victims of sexual assault; and (B) coordinates with health care providers in the region to notify victims of sexual as- sault of the availability of rape exams at no cost to the victims. (2) Redistribution Funds withheld from a State or unit of local government under paragraph (1) shall be dis- tributed to other States or units of local gov- ernment pro rata. Funds withheld from an In- dian tribal government under paragraph (1) shall be distributed to other Indian tribal gov- ernments pro rata. (b) Medical costs A State, Indian tribal government, or unit of local government shall be deemed to incur the full out-of-pocket cost of forensic medical exams for victims of sexual assault if any government entity— (1) provides such exams to victims free of charge to the victim; or (2) arranges for victims to obtain such exams free of charge to the victims. (c) Use of funds A State or Indian tribal government may use Federal grant funds under this subchapter to pay for forensic medical exams performed by trained examiners for victims of sexual assault, except that such funds may not be used to pay for forensic medical exams by any State, Indian tribal government, or territorial government that requires victims of sexual assault to seek reimbursement for such exams from their insur- ance carriers. (d) Noncooperation (1) In general To be in compliance with this section, a State, Indian tribal government, or unit of local government shall comply with sub- section (b) without regard to whether the vic- tim participates in the criminal justice sys- tem or cooperates with law enforcement. (2) Compliance period States, territories, and Indian tribal govern- ments shall have 3 years from the date of en- actment of this Act 1 to come into compliance with this section. (e) Judicial notification (1) In general A State or unit of local government shall not be entitled to funds under this subchapter unless the State or unit of local government— (A) certifies that its judicial administra- tive policies and practices include notifica- tion to domestic violence offenders of the re- quirements delineated in section 922(g)(8) and (g)(9) of title 18 and any applicable re- lated Federal, State, or local laws; or (B) gives the Attorney General assurances that its judicial administrative policies and