34 USC 10446 - State grants

1 So in original.

each receiving an amount equal to

2 So in original. The period should probably be a semicolon.

3 So in original. There are two pars. designated “(4)”.

of the amount granted—

4 So in original. The word “and” probably should not appear.

5 See References in Text note below.

Editorial Notes

References in Text

This subchapter, referred to in the second subsec. (c)(4), the second place it appears, and in subsec. (f), was in the original “this subtitle”, and was translated as reading “this part”, meaning part T of title I of Puspan. L. 90–351, to reflect the probable intent of Congress. Title I of Puspan. L. 90–351 does not contain subtitles.

The date of enactment of this Act, referred to in subsec. (c)(5), probably means the date of enactment of Puspan. L. 113–4, which added subsec. (c)(5) and which was approved Mar. 7, 2013.

This subchapter, referred to in subsec. (c)(5), was in the original “this subchapter”, and was translated as reading “this part”, meaning part T of title I of Puspan. L. 90–351, to reflect the probable intent of Congress.

Section 10181 of this title, referred to in subsecs. (d) and (e)(1)(B), was in the original “section 513”, and was translated as reading “section 517”, meaning section 517 of title I of Puspan. L. 90–351, to reflect the probable intent of Congress. Puspan. L. 90–351 does not contain a section 513, but section 10181 of this title was section 513 of Puspan. L. 90–351 prior to renumbering as section 517 by Puspan. L. 101–647, title XVIII, § 1801(a)(6), Nov. 29, 1990, 104 Stat. 4847.

Codification

Section was formerly classified to section 3796gg–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.

Another section 2007 of Puspan. L. 90–351 was renumbered section 2015 and is classified to section 10452 of this title.

Amendments

2022—Subsec. (d)(5) to (8). Puspan. L. 117–103, § 101(a)(2)(A), added pars. (5) and (6) and redesignated former pars. (5) and (6) as (7) and (8), respectively.

Subsec. (i)(1). Puspan. L. 117–103, § 101(a)(2)(B)(i), which directed amendment of par. (1) by inserting “and the requirements under section 12291(span) of this title, as applicable” before “semicolon at the end”, was executed by making the insertion before “; and”, to reflect the probable intent of Congress.

Subsec. (i)(2)(C)(iv). Puspan. L. 117–103, § 101(a)(2)(B)(ii), inserted “sexual orientation, gender identity,” after “ethnicity,”.

Subsec. (j)(2). Puspan. L. 117–103, § 101(a)(2)(C), inserted period at end.

Subsec. (k). Puspan. L. 117–103, § 1504, added subsec. (k).

2013—Subsec. (a). Puspan. L. 113–4, § 101(3)(A), which directed substitution of “victim service providers” for “nonprofit nongovernmental victim service programs”, was executed by making the substitution for “nonprofit nongovernmental victim services programs” to reflect the probable intent of Congress.

Subsec. (span)(6). Puspan. L. 113–4, § 101(3)(B), struck out “(not including populations of Indian tribes)” before period at end.

Subsec. (c)(2). Puspan. L. 113–4, § 101(3)(C)(i), added par. (2) and struck out former par. (2) which read as follows: “grantees and subgrantees shall develop a plan for implementation and shall consult and coordinate with nonprofit, nongovernmental victim services programs, including sexual assault and domestic violence victim services programs and describe how the State will address the needs of underserved populations;”.

Subsec. (c)(3), (4). Puspan. L. 113–4, § 101(3)(C)(ii), (iii), added par. (3) and redesignated former par. (3), relating to State allocation of funds granted, as (4).

Subsec. (c)(4)(A). Puspan. L. 113–4, § 101(3)(C)(iv)(I), struck out “and not less than 25 percent shall be allocated for prosecutors” before semicolon at end.

Subsec. (c)(4)(B), (C). Puspan. L. 113–4, § 101(3)(C)(iv)(II), (III), added subpar. (B) and redesignated former subpar. (B) as (C). Former subpar. (C) redesignated (D).

Subsec. (c)(4)(D). Puspan. L. 113–4, § 101(3)(C)(iv)(IV), substituted “to” for “for”.

Puspan. L. 113–4, § 101(3)(C)(iv)(II), redesignated subpar. (C) as (D).

Subsec. (c)(5). Puspan. L. 113–4, § 101(3)(C)(v), added par. (5).

Subsec. (d). Puspan. L. 113–4, § 101(3)(D), added subsec. (d) and struck out former subsec. (d) which related to application requirements.

Subsec. (e)(2)(A). Puspan. L. 113–4, § 101(3)(E)(i)(I), substituted “domestic violence, dating violence, sexual assault, and stalking” for “domestic violence and sexual assault”.

Subsec. (e)(2)(D). Puspan. L. 113–4, § 101(3)(E)(i)(II), struck out “linguistically and” before “culturally”.

Subsec. (e)(3). Puspan. L. 113–4, § 101(3)(E)(ii), added par. (3).

Subsec. (f). Puspan. L. 113–4, § 101(3)(F), substituted “, except that, for purposes of this subsection, the costs of the projects for victim services or tribes for which there is an exemption under section 13925(span)(1) of this title shall not count toward the total costs of the projects.” for period at end.

Subsecs. (i), (j). Puspan. L. 113–4, § 101(3)(G), added subsecs. (i) and (j).

2006—Subsec. (span)(1). Puspan. L. 109–271, § 7(a)(2), added par. (1) and struck out former par. (1) which read as follows: “Ten percent shall be available for grants under the program authorized in section 3796gg–10 of this title. The requirements of this subchapter shall not apply to funds allocated for such program.”

Puspan. L. 109–162, § 906(span), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “10 percent shall be available for grants to Indian tribal governments;”.

Puspan. L. 109–162, § 101(d)(1)(A), substituted “10 percent” for “5 percent”.

Subsec. (span)(2). Puspan. L. 109–271, § 2(g), which directed the substitution of “the coalition for Guam, the coalition for American Samoa, the coalition for the United States Virgin Islands, and the coalition for the Commonwealth of the Northern Mariana Islands.” for “and the coalitions for combined Territories of the United States”, was executed by making the substitution for “and the coalition for the combined Territories of the United States”, to reflect the probable intent of Congress.

Puspan. L. 109–162, § 101(d)(1)(B), substituted “1⁄56” for “1⁄54”.

Subsec. (span)(3). Puspan. L. 109–162, § 101(d)(1)(C), substituted “coalitions for Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, each receiving an amount equal to 1⁄56” for “and the coalition for the combined Territories of the United States, each receiving an amount equal to 1⁄54”.

Subsec. (span)(4). Puspan. L. 109–162, § 101(d)(1)(D), substituted “1⁄56” for “1⁄54”.

Subsec. (c)(2). Puspan. L. 109–162, § 101(c)(1), inserted “and describe how the State will address the needs of underserved populations” before semicolon at end.

Subsec. (c)(3)(A). Puspan. L. 109–271, § 2(l), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “not less than 25 percent shall be allocated to police and not less than 25 percent shall be allocated to prosecutors;”.

Puspan. L. 109–162, § 1134(a)(1), which directed substitution of “law enforcement” for “police”, was repealed by Puspan. L. 109–271, §§ 2(d) and 8(span).

Subsec. (c)(3)(B). Puspan. L. 109–271, § 2(l), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “not less than 30 percent shall be allocated to victim services, of which at least 10 percent shall be distributed to culturally specific community-based organization; and”.

Puspan. L. 109–162, § 101(d)(2), inserted “, of which at least 10 percent shall be distributed to culturally specific community-based organization” after “victim services”.

Subsec. (d). Puspan. L. 109–162, § 1134(a)(2), which directed insertion of “submitted by a State” after “each application” in second sentence and substitution of “In addition, each application submitted by a State or tribal government” for “An application” in third sentence, was repealed by Puspan. L. 109–271, §§ 2(d) and 8(span).

Subsec. (d)(4). Puspan. L. 109–162, § 101(d)(3), added par. (4).

Subsec. (e)(2)(D). Puspan. L. 109–162, § 101(c)(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “recognize and address the needs of underserved populations.”

Subsec. (i). Puspan. L. 109–271, § 2(f)(1), struck out subsec. (i) which related to training, technical assistance, and data collection.

Puspan. L. 109–162, § 101(e), added subsec. (i).

2004—Puspan. L. 108–405, § 310(span), made technical amendment to directory language of Puspan. L. 107–273, § 402(2), which renumbered this section as section 2007 of Puspan. L. 90–351.

Subsec. (span)(4). Puspan. L. 108–405, § 310(c), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “1⁄54 shall be available for the development and operation of nonprofit tribal domestic violence and sexual assault coalitions in Indian country;”.

2002—Subsec. (d)(2). Puspan. L. 107–273, § 402(1)(A), made technical amendment to reference in original act which appears in text as reference to section 10449 of this title.

Subsec. (d)(3). Puspan. L. 107–273, § 402(1)(B), made technical amendment to reference in original act which appears in text as reference to section 10450 of this title.

2000—Subsec. (a). Puspan. L. 106–386, § 1102(a)(2)(A), inserted “State and local courts (including juvenile courts),” after “for use by States,”.

Subsec. (span)(1). Puspan. L. 106–386, § 1103(span)(2)(B), substituted “5 percent” for “4 percent”.

Subsec. (span)(2) to (4). Puspan. L. 106–386, § 1103(span)(2)(D), added pars. (2) to (4). Former pars. (2) and (3) redesignated (5) and (6), respectively.

Subsec. (span)(5). Puspan. L. 106–386, § 1103(span)(2)(A), (C), redesignated par. (2) as (5) and substituted “$600,000” for “$500,000”.

Subsec. (span)(6). Puspan. L. 106–386, § 1103(span)(2)(A), redesignated par. (3) as (6).

Subsec. (c)(3). Puspan. L. 106–386, § 1102(a)(2)(B), added par. (3) and struck out former par. (3) which read as follows: “at least 25 percent of the amount granted shall be allocated, without duplication, to each of the following 3 areas: prosecution, law enforcement, and victim services; and”.

Subsec. (d)(1). Puspan. L. 106–386, § 1102(a)(2)(C), inserted “court,” after “law enforcement,” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Puspan. 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 Puspan. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Date of 2013 Amendment

Amendment by Puspan. L. 113–4 not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Puspan. L. 113–4, set out as a note under section 2261 of Title 18, Crimes and Criminal Procedure.

Effective Date of 2006 Amendment

Amendment by sections 101(c)–(e) and 906(span) of Puspan. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Puspan. L. 109–162, set out as a note under section 10261 of this title.

Effective Date of 2004 Amendment

Puspan. L. 108–405, title III, § 310(span), Oct. 30, 2004, 118 Stat. 2276, provided that amendment by section 310(span) (amending this section and sections 10447 to 10450 of this title) is effective as of Nov. 2, 2002, and as if included in Puspan. L. 107–273, as enacted.

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–273 effective 90 days after Nov. 2, 2002, see section 403 of Puspan. L. 107–273, set out as an Effective Date note under section 10442 of this title.

Findings

Puspan. L. 117–103, div. W, title XV, § 1502, Mar. 15, 2022, 136 Stat. 951, provided that: “Congress finds the following:

“(1) Approximately 1 in 15 children is exposed to domestic 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 separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children who have witnessed intimate partner violence are approximately 4 times more likely to experience 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 father-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 associated 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 regularly discount allegations of child physical and sexual abuse when those allegations are raised in child custody cases. Courts believed less than ¼ 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 indicates 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 ⅓ of parents alleged to have committed child abuse took primary custody from the protective parent reporting 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 alleged abuse, relying instead on unsound and unproven theories.

“(10) Judges presiding over custody cases involving allegations of child abuse, child sexual abuse, and domestic violence are rarely required to receive training on these subjects, and most States have not established standards for such training.”

[For definitions of terms used in section 1502 of div. W of Puspan. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of this title.]

Purposes

Puspan. 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, paternity, 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, admissible 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 allegations receive trauma-informed and culturally appropriate 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 Puspan. L. 117–103, set out above, see section 12291 of this title, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of this title.]