34 U.S.C. § 10157 — Reserved funds

Page 52 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10157 (a) to Puerto Rico, 100 percent shall be for di- rect grants to the Commonwealth government of Puerto Rico. (2) No local allocations Subsections (c) and (d) shall not apply to Puerto Rico. (h) Units of local government in Louisiana In carrying out this section with respect to the State of Louisiana, the term ‘‘unit of local government’’ means a district attorney or a par- ish sheriff. (i) Part 1 violent crimes to include human traf- ficking For purposes of this section, the term ‘‘part 1 violent crimes’’ shall include severe forms of trafficking in persons (as defined in section 7102 of title 22). (Pub. L. 90–351, title I, § 505, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097; amended Pub. L. 114–22, title I, § 107, May 29, 2015, 129 Stat. 238.) Editorial Notes CODIFICATION Section was formerly classified to section 3755 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 505 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4333, related to review of State applications, prior to re- peal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Another prior section 505 of title I of Pub. L. 90–351, formerly § 605, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1197; renumbered § 505 and amended Pub. L. 98–473, title II, § 608(c), Oct. 12, 1984, 98 Stat. 2087, re- lated to criteria for award, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 505 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1194, set out criteria for award of national priority grants, including establishment of reasonable requirements, maximum per centum of grant funds, funds reserved or set aside but not used in the fiscal year, and three-year period for financial aid and assistance and extension or renewal of period, prior to repeal by Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 505 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205, amended section 5315 of Title 5, Government Organization and Employees. AMENDMENTS 2015—Subsec. (i). Pub. L. 114–22 added subsec. (i). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. § 10157. Reserved funds (a) Of the total amount made available to carry out this part for a fiscal year, the Attor- ney General shall reserve not more than— (1) $20,000,000, for use by the National Insti- tute of Justice in assisting units of local gov- ernment to identify, select, develop, mod- ernize, and purchase new technologies for use by law enforcement, of which $1,000,000 shall be for use by the Bureau of Justice Statistics to collect data necessary for carrying out this part; and (2) $20,000,000, to be granted by the Attorney General to States and units of local govern- ment to develop and implement antiterrorism training programs. (b) Of the total amount made available to carry out this part for a fiscal year, the Attor- ney General may reserve not more than 5 per- cent, to be granted to 1 or more States or units of local government, for 1 or more of the pur- poses specified in section 10152 of this title, pur- suant to his determination that the same is nec- essary— (1) to combat, address, or otherwise respond to precipitous or extraordinary increases in crime, or in a type or types of crime; or (2) to prevent, compensate for, or mitigate significant programmatic harm resulting from operation of the formula established under section 10156 of this title. (Pub. L. 90–351, title I, § 506, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.) Editorial Notes CODIFICATION Section was formerly classified to section 3756 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 506 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4334; amended Pub. L. 101–162, title II, § 212, Nov. 21, 1989, 103 Stat. 998, 1006; Pub. L. 101–302, title III, § 320(c)(1), May 25, 1990, 104 Stat. 248; Pub. L. 101–647, title XVIII, § 1804, Nov. 29, 1990, 104 Stat. 4851; Pub. L. 103–322, title XXXIII, § 330001(a), Sept. 13, 1994, 108 Stat. 2138; Pub. L. 107–273, div. A, title II, § 203(a)(2), Nov. 2, 2002, 116 Stat. 1775, related to allocation and distribu- tion of funds under formula grants, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fis- cal year beginning after Jan. 5, 2006, and each fiscal year thereafter. See section 10156(a) of this title. Another prior section 506 of title I of Pub. L. 90–351, formerly § 606, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1197; renumbered § 506 and amended Pub. L. 98–473, title II, § 608(d), Oct. 12, 1984, 98 Stat. 2087, re- lated to period for award of discretionary grants, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 506 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205, amended section 5316 of Title 5, Government Organization and Employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. Page 53 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10159 1 See References in Text note below. § 10158. Interest-bearing trust funds (a) Trust fund required A State or unit of local government shall es- tablish a trust fund in which to deposit amounts received under this part. (b) Expenditures (1) In general Each amount received under this part (in- cluding interest on such amount) shall be ex- pended before the date on which the grant pe- riod expires. (2) Repayment A State or unit of local government that fails to expend an entire amount (including in- terest on such amount) as required by para- graph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the grant pe- riod expires. (3) Reduction of future amounts If a State or unit of local government fails to comply with paragraphs (1) and (2), the At- torney General shall reduce amounts to be provided to that State or unit of local govern- ment accordingly. (c) Repaid amounts Amounts received as repayments under this section shall be subject to section 10108 of this title as if such amounts had not been granted and repaid. Such amounts shall be deposited in the Treasury in a dedicated fund for use by the Attorney General to carry out this part. Such funds are hereby made available to carry out this part. (Pub. L. 90–351, title I, § 507, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3100.) Editorial Notes CODIFICATION Section was formerly classified to section 3757 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 507 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4335, related to designation and purposes of a State of- fice, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applica- ble with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Another prior section 507 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205; Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 94–503, title I, §§ 119(b), 121, Oct. 15, 1976, 90 Stat. 2417, 2418, related to officers, employees, and hearing examiners, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as an Effective Date of 2006 Amendment note under sec- tion 10151 of this title. § 10159. Law enforcement training programs (a) Definition In this section, the term ‘‘certified training program or course’’ means a program or course using 1 or more of the training curricula devel- oped or identified under section 10381(n)(1) 1 of this title, or equivalents to such training cur- ricula— (1) that is provided by the Attorney General under section 10381(n)(3) 1 of this title; or (2) that is— (A) provided by a public or private entity, including the personnel of a law enforcement agency or law enforcement training acad- emy of a State or unit of local government who have been trained to offer training pro- grams or courses under section 10381(n)(3) 1 of this title; and (B) certified by the Attorney General under section 10381(n)(2) 1 of this title. (b) Authority (1) In general Not later than 90 days after the Attorney General completes the activities required by paragraphs (1) and (2) of section 10381(n) 1 of this title, the Attorney General shall, from amounts made available to fund training pro- grams pursuant to subsection (h), make grants to States for use by the State or a unit of gov- ernment located in the State to— (A) pay for— (i) costs associated with conducting a certified training program or course or, subject to paragraph (2), a certified train- ing program or course that provides con- tinuing education; and (ii) attendance by law enforcement offi- cers or covered mental health profes- sionals at a certified training program or course, including a course provided by a law enforcement training academy of a State or unit of local government; (B) procure a certified training program or course or, subject to paragraph (2), a cer- tified training program or course that pro- vides continuing education on 1 or more of the topics described in section 10381(n)(1)(A) 1 of this title; (C) in the case of a law enforcement agen- cy of a unit of local government that em- ploys fewer than 50 employees (determined on a full-time equivalent basis), pay for the costs of overtime accrued as a result of the attendance of a law enforcement officer or covered mental health professional at a cer- tified training program or course for which the costs associated with conducting the certified training program or course are paid using amounts provided under this section; (D) pay for the costs of developing mecha- nisms to comply with the reporting require- ments established under subsection (d), in an amount not to exceed 5 percent of the total amount of the grant award; and (E) pay for the costs associated with par- ticipation in the voluntary National Use-of- Force Data Collection of the Federal Bureau