34 U.S.C. § 12409 — Report to Congress

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, Page 366 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12410 beginning one year after September 13, 1994, that pro- vides’’, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries REPORT RELATING TO STALKING LAWS Pub. L. 105–119, title I, § 115(b)(2), Nov. 26, 1997, 111 Stat. 2467, provided that: ‘‘The Attorney General shall include in an annual report under section 40610 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14039) [now 34 U.S.C. 12409] information concerning existing or proposed State laws and pen- alties for stalking crimes against children.’’ § 12410. Definitions As used in this part— (1) the term ‘‘national crime information databases’’ refers to the National Crime Infor- mation Center and its incorporated criminal history databases, including the Interstate Identification Index; and (2) the term ‘‘protection order’’ includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or com- munication with or physical proximity to, an- other person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection. (Pub. L. 103–322, title IV, § 40611, Sept. 13, 1994, 108 Stat. 1952.) Editorial Notes CODIFICATION Section was formerly classified to section 14040 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PART G—TRAINING AND SERVICES TO END ABUSE LATER IN LIFE Editorial Notes CODIFICATION This part was, in the original, subtitle H of title IV of Pub. L. 103–322, as added by Pub. L. 106–386, and was redesignated as part G of this subchapter for purposes of codification. Pub. L. 117–103, div. W, title II, § 204(1), Mar. 15, 2022, 136 Stat. 857, substituted ‘‘Training’’ for ‘‘Enhanced Training’’ in heading. Pub. L. 113–4, title II, § 204(a), Mar. 7, 2013, 127 Stat. 82, substituted ‘‘ENHANCED TRAINING AND SERVICES TO END ABUSE LATER IN LIFE’’ for ‘‘ELDER ABUSE, NEGLECT, AND EXPLOITATION, INCLUD- ING DOMESTIC VIOLENCE AND SEXUAL ASSAULT AGAINST OLDER OR DISABLED INDIVIDUALS’’ in heading. § 12421. Training and services to end abuse in later life The Attorney General shall make grants to el- igible entities in accordance with the following: (1) Mandatory and permissible activities (A) Mandatory activities An eligible entity receiving a grant under this section shall use the funds received under the grant to— (i) provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local govern- ment, population specific organizations, victim service providers, victim advocates, or relevant officers in Federal, tribal, State, territorial, and local courts in rec- ognizing and addressing instances of abuse in later life; (ii) provide or enhance services for vic- tims of abuse in later life; (iii) establish or support multidisci- plinary collaborative community re- sponses to victims of abuse in later life; and (iv) conduct cross-training for law en- forcement agencies, prosecutors, agencies of States or units of local government, at- torneys, health care providers, population specific organizations, faith-based leaders, victim advocates, victim service providers, courts, and first responders to better serve older victims. (B) Permissible activities An eligible entity receiving a grant under this section may use the funds received under the grant to— (i) provide training programs to assist attorneys, health care providers, faith- based leaders, community-based organiza- tions, or other professionals who may iden- tify or respond to abuse in later life; or (ii) conduct outreach activities and awareness campaigns to ensure that vic- tims of abuse in later life receive appro- priate assistance. (C) Waiver The Attorney General may waive 1 or more of the activities described in subpara- graph (A) upon making a determination that the activity would duplicate services avail- able in the community. (D) Limitation An eligible entity receiving a grant under this section may use not more than 10 per- cent of the total funds received under the grant for an activity described in subpara- graph (B)(ii). (2) Eligible entities An entity shall be eligible to receive a grant under this section if— (A) the entity is— (i) a State; (ii) a unit of local government; (iii) a tribal government or tribal organi- zation; (iv) a population specific organization; (v) a victim service provider; or (vi) a State, tribal, or territorial domes- tic violence or sexual assault coalition; and (B) the entity demonstrates that it is part of a multidisciplinary partnership that in- cludes, at a minimum— (i) a law enforcement agency; (ii) a prosecutor’s office; (iii) a victim service provider; and (iv) a nonprofit program or government agency with demonstrated experience in