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Title 34 — Crime Control and Law Enforcement

Chapter 101 — Justice System Improvement

§ 10462. Applications

Statutory text

(a)

Application

An eligible grantee shall submit an application to the Attorney General that—

(1)

contains a certification by the chief executive officer of the State, Indian tribal government, court, or local government entity that the conditions of section 10461(c) of this title are met or will be met within the later of—

(A)

the period ending on the date on which the next session of the State or Indian tribal legislature ends; or

(B)

2 years of or, in the case of the condition set forth in subsection 1 10461(c)(4) 2 of this title, the expiration of the 2-year period beginning on ;

(2)

describes plans to further the purposes stated in section 10461(a) of this title;

(3)

identifies the agency or office or groups of agencies or offices responsible for carrying out the program; and

(4)

includes documentation from victim service providers and, as appropriate, population specific organizations demonstrating their participation in developing the application, and identifying such programs in which such groups will be consulted for development and implementation.

(b)

Priority

In awarding grants under this subchapter, the Attorney General shall give priority to applicants that—

(1)

do not currently provide for centralized handling of cases involving domestic violence, dating violence, sexual assault, or stalking by police, prosecutors, and courts;

(2)

demonstrate a commitment to strong enforcement of laws, and prosecution of cases, involving domestic violence, dating violence, sexual assault, or stalking, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);

(3)

have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and

(4)

in applications describing plans to further the purposes stated in paragraph (4) or (7) of section 10461(b) of this title, will give priority to using the grant to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.

(c)

Dissemination of information

The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.

Footnotes

  1. 1 So in original. Probably should be “section”.
  2. 2 See References in Text note below.

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. Omnibus Crime Control and Safe Streets Act of 1968

    Pub. L. 90–351 title I § 2102 · 82 Stat. 197

    Enacted · 34 U.S.C. § 10462

    Pub. L. 90–351, title I, § 2102, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933

    Source evidence

    Code source credit
    Pub. L. 90–351, title I, § 2102, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933

  2. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(b)(3) · 114 Stat. 1464

    Inserted · 34 U.S.C. § 10462(a)(1)(B)

    Pub. L. 106–386, § 1101(b)(3), inserted before semicolon “or, in the case of the condition set forth in subsection 3796hh(c)(4) of this title, the expiration of the 2-year period beginning on October 28, 2000”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 106–386, § 1101(b)(3), inserted before semicolon “or, in the case of the condition set forth in subsection 3796hh(c)(4) of this title, the expiration of the 2-year period beginning on October 28, 2000”.

    Enacted provision · exact public law section
    (3) Application for grants to encourage arrest policies.— Section 2102(a)(1)(B) of part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(a)(1)(B)) is amended by inserting before the semicolon the following: “or, in the case of the condition set forth in subsection 2101(c)(4), the expiration of the 2-year period beginning on the date the of the enactment of the Violence Against Women Act of 2000”.

  3. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(a)(3)(A)(i) · 114 Stat. 1464

    Struck · 34 U.S.C. § 10462(b)(1)

    Pub. L. 106–386, § 1101(a)(3)(A)(i), struck out “and” at the end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–386, § 1101(a)(3)(A)(i), struck out “and” at the end.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “and” at the end;

  4. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(a)(3)(A)(ii) · 114 Stat. 1464

    Substituted · 34 U.S.C. § 10462(b)(2)

    Pub. L. 106–386, § 1101(a)(3)(A)(ii), substituted “, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);” for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–386, § 1101(a)(3)(A)(ii), substituted “, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);” for period at end.

    Enacted provision · exact public law section
    (ii) in paragraph (2), by striking the period at the end and inserting including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);”; and

  5. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(a)(3)(A)(iii) · 114 Stat. 1464

    Added · 34 U.S.C. § 10462(b)(3); 34 U.S.C. § 10462(b)(4)

    Pub. L. 106–386, § 1101(a)(3)(A)(iii), added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (b)(3), (4). Pub. L. 106–386, § 1101(a)(3)(A)(iii), added pars. (3) and (4).

    Enacted provision · exact public law section
    (iii) by adding at the end the following; “(3) have established cooperative agreements or can demonstrate effective ongoing collaborative arrangements with neighboring jurisdictions to facilitate the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions); and “(4) in applications describing plans to further the purposes stated in paragraph (4) or (7) of section 2101(b), will give priority to using the grant to develop and install data collection and communication systems, including computerized systems, and training on how to use these systems effectively to link police, prosecutors, courts, and tribal jurisdictions for the purpose of identifying and tracking protection orders and violations of protection orders, in those jurisdictions where such systems do not exist or are not fully effective.”; and

  6. Violence Against Women Act of 2000

    Pub. L. 106–386 § 1101(a)(3)(B) · 114 Stat. 1464

    Added · 34 U.S.C. § 10462(c)

    Pub. L. 106–386, § 1101(a)(3)(B), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–386, § 1101(a)(3)(B), added subsec. (c).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(c) Dissemination of Information.— The Attorney General shall annually compile and broadly disseminate (including through electronic publication) information about successful data collection and communication systems that meet the purposes described in this section. Such dissemination shall target States, State and local courts, Indian tribal governments, and units of local government.”.

  7. Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 title I § 102(c) · 119 Stat. 2960

    Inserted · 34 U.S.C. § 10462(b)(1); 34 U.S.C. § 10462(b)(2)

    Pub. L. 109–162 inserted “, dating violence, sexual assault, or stalking” after “involving domestic violence”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 109–162 inserted “, dating violence, sexual assault, or stalking” after “involving domestic violence”.

    Enacted provision · exact public law section
    (c) Applications.— Section 2102(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh–1(b)) is amended in each of paragraphs (1) and (2) by inserting after “involving domestic violence” the following: “, dating violence, sexual assault, or stalking”.

  8. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 102(a)(2)(A) · 127 Stat. 54

    Inserted · 34 U.S.C. § 10462(a)(1)

    Pub. L. 113–4, § 102(a)(2)(A), inserted “court,” after “tribal government,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 113–4, § 102(a)(2)(A), inserted “court,” after “tribal government,” in introductory provisions.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “court,” after “tribal government,”; and

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

  9. Violence Against Women Reauthorization Act of 2013

    Pub. L. 113–4 § 102(a)(2)(B) · 127 Stat. 54

    Substituted · 34 U.S.C. § 10462(a)(4)

    Pub. L. 113–4, § 102(a)(2)(B), substituted “victim service providers and, as appropriate, population specific organizations” for “nonprofit, private sexual assault and domestic violence programs”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 113–4, § 102(a)(2)(B), substituted “victim service providers and, as appropriate, population specific organizations” for “nonprofit, private sexual assault and domestic violence programs”.

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking “nonprofit, private sexual assault and domestic violence programs” and inserting “victim service providers and, as appropriate, population specific organizations”.

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

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

Editorial Notes

References in Text

Subsection 10461(c)(4) of this title, referred to in subsec. (a)(1)(B), which probably should be a reference to “section 10461(c)(4) of this title”, was redesignated section 10461(c)(1)(D) of this title by Pub. L. 113–4, title I, § 102(a)(1)(B)(vi), , 127 Stat. 72.

Codification

Section was formerly classified to section 3796hh–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.

Amendments2000–2013 · 3 rounds

2013

Subsec. (a)(1). Pub. L. 113–4, § 102(a)(2)(A), inserted “court,” after “tribal government,” in introductory provisions.

Subsec. (a)(4). Pub. L. 113–4, § 102(a)(2)(B), substituted “victim service providers and, as appropriate, population specific organizations” for “nonprofit, private sexual assault and domestic violence programs”.

2006

Subsec. (b)(1), (2). Pub. L. 109–162 inserted “, dating violence, sexual assault, or stalking” after “involving domestic violence”.

2000

Subsec. (a)(1)(B). Pub. L. 106–386, § 1101(b)(3), inserted before semicolon “or, in the case of the condition set forth in subsection 3796hh(c)(4) of this title, the expiration of the 2-year period beginning on ”.

Subsec. (b)(1). Pub. L. 106–386, § 1101(a)(3)(A)(i), struck out “and” at the end.

Subsec. (b)(2). Pub. L. 106–386, § 1101(a)(3)(A)(ii), substituted “, including the enforcement of protection orders from other States and jurisdictions (including tribal jurisdictions);” for period at end.

Subsec. (b)(3), (4). Pub. L. 106–386, § 1101(a)(3)(A)(iii), added pars. (3) and (4).

Subsec. (c). Pub. L. 106–386, § 1101(a)(3)(B), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–4 not effective until the beginning of the fiscal year following , see section 4 of Pub. 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 Pub. L. 109–162 not effective until the beginning of fiscal year 2007, see section 4 of Pub. L. 109–162, set out as a note under section 10261 of this title.

Credits

1994–2013 · 4 acts
  1. 1994Pub. L. 90–351, title I, § 2102, as added Pub. L. 103–322, title IV, § 40231(a)(3), , 108 Stat. 1933
  2. 2000amended Pub. L. 106–386, div. B, title I, § 1101(a)(3), (b)(3), , 114 Stat. 1492, 1493
  3. 2006Pub. L. 109–162, title I, § 102(c), , 119 Stat. 2977
  4. 2013Pub. L. 113–4, title I, § 102(a)(2), , 127 Stat. 72.
Show as published

(Pub. L. 90–351, title I, § 2102, as added Pub. L. 103–322, title IV, § 40231(a)(3), , 108 Stat. 1933; amended Pub. L. 106–386, div. B, title I, § 1101(a)(3), (b)(3), , 114 Stat. 1492, 1493; Pub. L. 109–162, title I, § 102(c), , 119 Stat. 2977; Pub. L. 113–4, title I, § 102(a)(2), , 127 Stat. 72.)

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