1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 121
  5. subchapter III
  6. part F
  7. § 12404

Collapse to view only § 12404. Disbursement

§ 12401. Grant program
(a) In general
(b) Eligibility
To be eligible to receive a grant under subsection (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 violating protection orders intended to protect victims from stalking or domestic violence;
(2) arrests or convictions of persons violating protection 1
1 So in original. Probably should be followed by “orders intended to protect victims from stalking”.
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.)

CITE AS: 34 USC 12401

§ 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.)

CITE AS: 34 USC 12402

§ 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 already 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.)

CITE AS: 34 USC 12403

§ 12404. Disbursement

Not later than 90 days after the receipt of an application under this part, the Attorney General shall either provide grant funds or shall inform the applicant why grant funds are not being provided.

(Pub. L. 103–322, title IV, § 40605, Sept. 13, 1994, 108 Stat. 1952.)

CITE AS: 34 USC 12404

§ 12405. Technical assistance, training, and evaluations

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 requirements 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.)

CITE AS: 34 USC 12405

§ 12406. Training programs for judges

The State Justice Institute, after consultation with nationally recognized nonprofit organizations with expertise in stalking and domestic violence cases, shall conduct training programs for State (as defined in section 10701 1

1 See References in Text note below.
of title 42) and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources.

(Pub. L. 103–322, title IV, § 40607, Sept. 13, 1994, 108 Stat. 1952.)

CITE AS: 34 USC 12406

§ 12407. Recommendations on intrastate communication

The State Justice Institute, after consultation with nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in stalking and domestic violence cases, shall recommend proposals regarding 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.)

CITE AS: 34 USC 12407

§ 12408. Inclusion in National Incident-Based Reporting 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 Reporting System (NIBRS).

(Pub. L. 103–322, title IV, § 40609, Sept. 13, 1994, 108 Stat. 1952.)

CITE AS: 34 USC 12408

§ 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.)

CITE AS: 34 USC 12409

§ 12410. Definitions
As used in this part—
(1) the term “national crime information databases” refers to the National Crime Information 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 communication with or physical proximity to, another 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.)

CITE AS: 34 USC 12410