34 U.S.C. § 12403 — Application requirements

Page 364 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12401 1 So in original. Probably should be followed by ‘‘orders in- tended to protect victims from stalking’’. ticular on the commission of statutory rape by predatory older men committing repeat of- fenses, and any links to teenage pregnancy. (c) Violence against women initiative The Attorney General shall ensure that the Department of Justice’s Violence Against Women initiative addresses the issue of statu- tory rape, particularly the commission of statu- tory rape by predatory older men committing repeat offenses. (Pub. L. 104–193, title IX, § 906, Aug. 22, 1996, 110 Stat. 2349.) Editorial Notes CODIFICATION Section was formerly classified to section 14016 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was enacted as part of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter. PART F—NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION § 12401. Grant program (a) In general The Attorney General is authorized to provide grants to States and units of local government to improve and implement processes for enter- ing data regarding stalking and domestic vio- lence into local, State, and national crime infor- mation databases. (b) Eligibility To be eligible to receive a grant under sub- section (a), a State or unit of local government shall certify that it has or intends to establish a program that enters into the National Crime Information Center records of— (1) warrants for the arrest of persons vio- lating protection orders intended to protect victims from stalking or domestic violence; (2) arrests or convictions of persons vio- lating protection 1 or domestic violence; and (3) protection orders for the protection of persons from stalking or domestic violence. (Pub. L. 103–322, title IV, § 40602, Sept. 13, 1994, 108 Stat. 1951; Pub. L. 106–386, div. B, title I, § 1106(b), Oct. 28, 2000, 114 Stat. 1497.) Editorial Notes CODIFICATION Section was formerly classified to section 14031 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Subsec. (a). Pub. L. 106–386 inserted ‘‘and imple- ment’’ after ‘‘improve’’. § 12402. Authorization of appropriations There is authorized to be appropriated to carry out this part $3,000,000 for fiscal years 2023 through 2027. (Pub. L. 103–322, title IV, § 40603, Sept. 13, 1994, 108 Stat. 1951; Pub. L. 106–386, div. B, title I, § 1106(a), Oct. 28, 2000, 114 Stat. 1497; Pub. L. 109–162, title I, § 109, Jan. 5, 2006, 119 Stat. 2984; Pub. L. 113–4, title XI, § 1103, Mar. 7, 2013, 127 Stat. 135; Pub. L. 117–103, div. W, title XIII, § 1301, Mar. 15, 2022, 136 Stat. 927.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle F of title IV of Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1950, which enacted this part, amended section 534 of Title 28, Judiciary and Judicial Procedure, and enacted provisions set out as a note under section 534 of Title 28. CODIFICATION Section was formerly classified to section 14032 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Pub. L. 117–103 substituted ‘‘2023 through 2027’’ for ‘‘2014 through 2018’’. 2013—Pub. L. 113–4 substituted ‘‘$3,000,000 for fiscal years 2014 through 2018.’’ for ‘‘$3,000,000 for each of fis- cal years 2007 through 2011.’’ 2006—Pub. L. 109–162, § 109(2), which directed substi- tution of ‘‘2011’’ for ‘‘2006’’, was executed by sub- stituting ‘‘2011’’ for ‘‘2005’’ to reflect the probable in- tent of Congress, because ‘‘2006’’ does not appear in text. Pub. L. 109–162, § 109(1), substituted ‘‘2007’’ for ‘‘2001’’. 2000—Pub. L. 106–386 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out this part— ‘‘(1) $1,500,000 for fiscal year 1996; ‘‘(2) $1,750,000 for fiscal year 1997; and ‘‘(3) $2,750,000 for fiscal year 1998.’’ 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. § 12403. Application requirements An application for a grant under this part shall be submitted in such form and manner, and contain such information, as the Attorney General may prescribe. In addition, applications shall include documentation showing— (1) the need for grant funds and that State or local funding, as the case may be, does not al- ready cover these operations; (2) intended use of the grant funds, including a plan of action to increase record input; and (3) an estimate of expected results from the use of the grant funds. (Pub. L. 103–322, title IV, § 40604, Sept. 13, 1994, 108 Stat. 1951.) Editorial Notes CODIFICATION Section was formerly classified to section 14033 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 365 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12409 1 See References in Text note below. § 12404. Disbursement Not later than 90 days after the receipt of an application under this part, the Attorney Gen- eral shall either provide grant funds or shall in- form the applicant why grant funds are not being provided. (Pub. L. 103–322, title IV, § 40605, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes CODIFICATION Section was formerly classified to section 14034 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12405. Technical assistance, training, and eval- uations The Attorney General may provide technical assistance and training in furtherance of the purposes of this part, and may provide for the evaluation of programs that receive funds under this part, in addition to any evaluation require- ments that the Attorney General may prescribe for grantees. The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, or through contracts or other arrangements with other entities. (Pub. L. 103–322, title IV, § 40606, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes CODIFICATION Section was formerly classified to section 14035 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12406. Training programs for judges The State Justice Institute, after consultation with nationally recognized nonprofit organiza- tions with expertise in stalking and domestic vi- olence cases, shall conduct training programs for State (as defined in section 10701 1 of title 42) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic vio- lence case has all available criminal history and other information, whether from State or Fed- eral sources. (Pub. L. 103–322, title IV, § 40607, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes REFERENCES IN TEXT Section 10701 of title 42, referred to in text, was in the original ‘‘section 202 of the State Justice Institute Au- thorization Act of 1984’’, and was translated as reading ‘‘section 202 of the State Justice Institute Act of 1984’’, which is section 202 of Pub. L. 98–620, to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 14036 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12407. Recommendations on intrastate commu- nication The State Justice Institute, after consultation with nationally recognized nonprofit associa- tions with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic vio- lence cases, shall recommend proposals regard- ing how State courts may increase intrastate communication between civil and criminal courts. (Pub. L. 103–322, title IV, § 40608, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes CODIFICATION Section was formerly classified to section 14037 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12408. Inclusion in National Incident-Based Re- porting System Not later than 2 years after September 13, 1994, the Attorney General, in accordance with the States, shall compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Report- ing System (NIBRS). (Pub. L. 103–322, title IV, § 40609, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes CODIFICATION Section was formerly classified to section 14038 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12409. Report to Congress Each even-numbered fiscal year, the Attorney General shall submit to the Congress a biennial report that provides information concerning the incidence of stalking and domestic violence, and evaluates the effectiveness of State antistalking efforts and legislation. (Pub. L. 103–322, title IV, § 40610, Sept. 13, 1994, 108 Stat. 1952; Pub. L. 109–162, § 3(b)(1), title XI, § 1135(a), Jan. 5, 2006, 119 Stat. 2971, 3108; Pub. L. 109–271, §§ 2(d), 8(b), Aug. 12, 2006, 120 Stat. 752, 766.) Editorial Notes CODIFICATION Section was formerly classified to section 14039 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Pub. L. 109–162, § 1135(a), which directed an amendment substantially identical to that directed by Pub. L. 109–162, § 3(b)(1), was repealed by Pub. L. 109–271. Pub. L. 109–162, § 3(b)(1), which directed the substi- tution of ‘‘Each even-numbered fiscal year, the Attor- ney General shall submit to the Congress a biennial re- port that provides’’ for ‘‘The Attorney General shall submit to the Congress an annual report, beginning 1 year after September 13, 1994, that provides’’, was exe- cuted by making the substitution for ‘‘The Attorney General shall submit to the Congress an annual report,