34 USC § 10462a - Grants to State and Tribal courts to implement protection order pilot programs

# § 10462a. Grants to State and Tribal courts to implement protection order pilot programs

**(a)** **Definition of eligible entity** In this section, the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable—

**(1)** a State, Tribal, or local law enforcement agency;

**(2)** a State, Tribal, or local prosecutor’s office;

**(3)** a victim service provider or State or Tribal domestic violence coalition;

**(4)** a provider of culturally specific services;

**(5)** a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault;

**(6)** the bar association of the applicable State or Indian Tribe;

**(7)** the State or Tribal association of court clerks;

**(8)** a State, Tribal, or local association of criminal defense attorneys;

**(9)** not fewer than 2 individuals with expertise in the design and management of court case management systems and systems of integration;

**(10)** not fewer than 2 State or Tribal court judges with experience in—

**(A)** the field of domestic violence; and

**(B)** issuing protective orders; and

**(11)** a judge assigned to the criminal docket of the State or Tribal court.

**(b)** **Grants authorized**

**(1)** **In general** The Attorney General shall make grants to eligible entities to carry out the activities described in subsection (c) of this section.

**(2)** **Number** The Attorney General may award not more than 10 grants under paragraph (1).

**(3)** **Amount** The amount of a grant awarded under paragraph (1) may be not more than $1,500,000.

**(c)** **Mandatory activities**

**(1)** **In general** An eligible entity that receives a grant under this section shall use the grant funds, in consultation with the partners of the eligible entity described in subsection (a), to—

**(A)** develop and implement a program for properly and legally serving protection orders through electronic communication methods to—

**(i)** modernize the service process and make the process more effective and efficient;

**(ii)** provide for improved safety of victims; and

**(iii)** make protection orders enforceable as quickly as possible;

**(B)** develop best practices relating to the service of protection orders through electronic communication methods;

**(C)** ensure that the program developed under subparagraph (A) complies with due process requirements and any other procedures required by law or by a court; and

**(D)** implement any technology necessary to carry out the program developed under subparagraph (A), such as technology to verify and track the receipt of a protection order by the intended party.

**(2)** **Timeline** An eligible entity that receives a grant under this section shall—

**(A)** implement the program required under paragraph (1)(A) not later than 2 years after the date on which the eligible entity receives the grant; and

**(B)** carry out the program required under paragraph (1)(A) for not fewer than 3 years.

**(d)** **Diversity of recipients** The Attorney General shall award grants under this section to eligible entities in a variety of areas and situations, including, to the extent practicable—

**(1)** a State court that serves a population of not fewer than 1,000,000 individuals;

**(2)** a State court that—

**(A)** serves a State that is among the 7 States with the lowest population density in the United States; and

**(B)** has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;

**(3)** a State court that—

**(A)** serves a State that is among the 7 States with the highest population density in the United States; and

**(B)** has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General;

**(4)** a court that uses an integrated, statewide case management system;

**(5)** a court that uses a standalone case management system;

**(6)** a Tribal court; and

**(7)** a court that primarily serves a culturally specific and underserved population.

**(e)** **Application**

**(1)** **In general** An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes—

**(A)** a description of the process that the eligible entity uses for service of protection orders at the time of submission of the application;

**(B)** to the extent practicable, statistics relating to protection orders during the 3 calendar years preceding the date of submission of the application, including rates of—

**(i)** successful service; and

**(ii)** enforcement;

**(C)** an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and

**(D)** any other information the Attorney General may reasonably require.

**(2)** **No other application required** section 10462 of this title

An eligible entity shall not be required to submit an application under  to receive a grant under this section.

**(f)** **Report to Attorney General**

**(1)** **Initial report** Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c).

**(2)** **Subsequent reports**

**(A)** **In general** Not later than 1 year after the date on which an eligible entity implements a program under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a report that describes the program, including, with respect to the program—

**(i)** the viability;

**(ii)** the cost;

**(iii)** service statistics;

**(iv)** the challenges;

**(v)** an analysis of the technology used to fulfill the goals of the program;

**(vi)** an analysis of any legal or due process issues resulting from the electronic service method described in subsection (c)(1)(A); and

**(vii)** best practices for implementing such a program in other similarly situated locations.

**(B)** **Contents of final report** An eligible entity shall include in the second report submitted under subparagraph (A) recommendations for—

**(i)** future nationwide implementation of the program implemented by the eligible entity; and

**(ii)** usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, including with respect to viability and cost.

**(g)** **No regulations or guidelines required** section 10464 of this title

Notwithstanding , the Attorney General shall not be required to publish regulations or guidelines implementing this section.

**(h)** **Authorization of appropriations** There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027.

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**Source Credit**: (Pub. L. 90–351, title I, § 2103, as added Pub. L. 117–103, div. W, title XV, § 1506(2), Mar. 15, 2022, 136 Stat. 957.)

## Editorial Notes

### Prior Provisions

A prior  was renumbered section 2104 and is classified to .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after , see , set out as a note under , Commerce and Trade.