§ 12463. Saving money and reducing tragedies through prevention (SMART Prevention)

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2006

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title IV § 41303 · 108 Stat. 1796

   Enacted · 34 U.S.C. § 12463

   Pub. L. 103–322, title IV, § 41303, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018

   Source evidence

   Code source credit
   Pub. L. 103–322, title IV, § 41303, as added Pub. L. 109–162, title IV, § 401, Jan. 5, 2006, 119 Stat. 3018

2. 2013

   Violence Against Women Reauthorization Act of 2013

   Pub. L. 113–4 title IV § 402(a) · 127 Stat. 54

   Amended · 34 U.S.C. § 12463

   Pub. L. 113–4 amended section generally. Prior to amendment, section related to grants to assist children and youth exposed to violence

   Source evidence

   Code amendment note
   Pub. L. 113–4 amended section generally. Prior to amendment, section related to grants to assist children and youth exposed to violence.

   Enacted provision · exact public law section
   (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: “SEC. 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, healthcare 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) Healthcare 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; or “(3) 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, a school district, 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 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.— In this section, the definitions and grant conditions provided for in section 40002 shall apply. “(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 (b). “(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.” .

3. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 § 402(1) · 136 Stat. 49

   Substituted · 34 U.S.C. § 12463(a)

   Pub. L. 117–103, § 402(1), substituted “focusing on men and youth” for “taking a comprehensive approach that focuses on youth, children exposed to violence, and men”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 117–103, § 402(1), substituted “focusing on men and youth” for “taking a comprehensive approach that focuses on youth, children exposed to violence, and men”.

   Enacted provision · exact public law section
   (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security.

   Effective date note
   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.

4. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 § 402(2) · 136 Stat. 49

   1. Struck · 34 U.S.C. § 12463(b)

      Pub. L. 117–103, § 402(2), struck out “for the following purposes:” after “may be used”, pars. (1) and (2), and par. (3) designation and heading

   2. Substituted · 34 U.S.C. § 12463(b)

      Pub. L. 117–103, § 402(2), substituted “to develop” for “To develop”

   3. Inserted · 34 U.S.C. § 12463(b)

      Pub. L. 117–103, § 402(2), inserted “and youth” after “with men” and “helping men”. Prior to amendment, pars. (1) and (2) related to teen dating violence awareness and prevention and children exposed to violence and abuse, respectively

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 117–103, § 402(2), struck out “for the following purposes:” after “may be used”, pars. (1) and (2), and par. (3) designation and heading, substituted “to develop” for “To develop”, and inserted “and youth” after “with men” and “helping men”. Prior to amendment, pars. (1) and (2) related to teen dating violence awareness and prevention and children exposed to violence and abuse, respectively.

   Enacted provision · exact public law section
   (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities.

   Effective date note
   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.

5. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 § 402(3) · 136 Stat. 49

   Added · 34 U.S.C. § 12463(d)(3)(C)

   Pub. L. 117–103, § 402(3), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (d)(3)(C). Pub. L. 117–103, § 402(3), added subpar. (C).

   Enacted provision · exact public law section
   (3) total unliquidated obligations.

   Effective date note
   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.

6. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 § 402(4) · 136 Stat. 49

   Substituted · 34 U.S.C. § 12463(f)

   Pub. L. 117–103, § 402(4), substituted “$20,000,000 for each of fiscal years 2023 through 2027” for “$15,000,000 for each of fiscal years 2014 through 2018”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 117–103, § 402(4), substituted “$20,000,000 for each of fiscal years 2023 through 2027” for “$15,000,000 for each of fiscal years 2014 through 2018”.

   Enacted provision · exact public law section
   Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

   Effective date note
   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.

7. 2022

   Energy and Water Development and Related Agencies Appropriations Act, 2022

   Pub. L. 117–103 § 402(5) · 136 Stat. 49

   Struck · 34 U.S.C. § 12463(g)

   Pub. L. 117–103, § 402(5), struck out subsec. (g) which related to allotment of amounts appropriated under this section

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 117–103, § 402(5), struck out subsec. (g) which related to allotment of amounts appropriated under this section.

   Enacted provision · exact public law section
   Sec. 402. (a) The amounts made available by this title for the Nuclear Regulatory Commission may be reprogrammed for any program, project, or activity, and the Commission shall notify the Committees on Appropriations of both Houses of Congress at least 30 days prior to the use of any proposed reprogramming that would cause any program funding level to increase or decrease by more than $500,000 or 10 percent, whichever is less, during the time period covered by this Act. (b) (1) The Nuclear Regulatory Commission may waive the notification requirement in subsection (a) if compliance with such requirement would pose a substantial risk to human health, the environment, welfare, or national security. (2) The Nuclear Regulatory Commission shall notify the Committees on Appropriations of both Houses of Congress of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to which a requirement or restriction would otherwise have applied. Reports. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted such waiver and shall provide a detailed report to the Committees of such waiver and changes to funding levels to programs, projects, or activities. (c) Except as provided in subsections (a), (b), and (d), the amounts made available by this title for “Nuclear Regulatory Commission—Salaries and Expenses” shall be expended as directed in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act). (d) None of the funds provided for the Nuclear Regulatory Commission shall be available for obligation or expenditure through a reprogramming of funds that increases funds or personnel for any program, project, or activity for which funds are denied or restricted by this Act. (e) The Commission shall provide a monthly report to the Committees on Appropriations of both Houses of Congress, which includes the following for each program, project, or activity, including any prior year appropriations— (1) total budget authority; (2) total unobligated balances; and (3) total unliquidated obligations.

   Effective date note
   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.

8 of 9 references resolved to an enrolled provision · 1 partial