34 U.S.C. § 10652 — National criminal justice and mental

Page 202 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10651a § 10651a. Veteran Treatment Court Program (a) Establishment Subject to the availability of appropriations, in coordination with the Secretary of Veterans Affairs, the Attorney General shall establish and carry out a Veteran Treatment Court Program to provide grants and technical assistance to court systems that— (1) have adopted a Veterans Treatment Court Program; or (2) have filed a notice of intent to establish a Veterans Treatment Court Program with the Secretary. (b) Purpose The purpose of the Veterans Treatment Court Program established under subsection (a) is to ensure the Department of Justice has a single office to coordinate the provision of grants, training, and technical assistance to help State, local, and Tribal governments to develop and maintain veteran treatment courts. (c) Programs included The Veterans Treatment Court Program es- tablished under subsection (a) shall include the grant programs relating to veterans treatment courts carried out by the Attorney General pur- suant to sections 10651 and 10701 of this title or any other provision of law. (d) Regulations The Attorney General shall promulgate regu- lations to carry out this section. (Pub. L. 116–153, § 3, Aug. 8, 2020, 134 Stat. 688.) Editorial Notes CODIFICATION Section was enacted as part of the Veteran Treat- ment Court Coordination Act of 2019, and not as part of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. § 10652. National criminal justice and mental health training and technical assistance (a) Authority The Attorney General may make grants to eli- gible organizations to provide for the establish- ment of a National Criminal Justice and Mental Health Training and Technical Assistance Cen- ter. (b) Eligible organization For purposes of subsection (a), the term ‘‘eligi- ble organization’’ means a national nonprofit or- ganization that provides technical assistance and training to, and has special expertise and broad, national-level experience in, mental health, crisis intervention, criminal justice sys- tems, law enforcement, translating evidence into practice, training, and research, and edu- cation and support of people with mental illness and the families of such individuals. (c) Use of funds Any organization that receives a grant under subsection (a) shall collaborate with other grant recipients to establish and operate a National Criminal Justice and Mental Health Training and Technical Assistance Center to— (1) provide law enforcement officer training regarding mental health and working with in- dividuals with mental illnesses, with an em- phasis on de-escalation of encounters between law enforcement officers and those with men- tal disorders or in crisis, which shall include support the development of in-person and technical information exchanges between sys- tems and the individuals working in those sys- tems in support of the concepts identified in the training; (2) provide education, training, and tech- nical assistance for States, Indian tribes, ter- ritories, units of local government, service providers, nonprofit organizations, probation or parole officers, prosecutors, defense attor- neys, emergency response providers, and cor- rections institutions to advance practice and knowledge relating to mental health crisis and approaches to mental health and criminal jus- tice across systems; (3) provide training and best practices to mental health providers and criminal justice agencies relating to diversion initiatives, jail and prison strategies, reentry of individuals with mental illnesses into the community, and dispatch protocols and triage capabilities, in- cluding the establishment of learning sites; (4) develop suicide prevention and crisis intervention training and technical assistance for criminal justice agencies; (5) develop a receiving center system and pilot strategy that provides, for a jurisdiction, a single point of entry into the mental health and substance abuse system for assessments and appropriate placement of individuals expe- riencing a crisis; (6) collect data and best practices in mental health and criminal health and criminal jus- tice initiatives and policies from grantees under this subchapter, other recipients of grants under this section, Federal, State, and local agencies involved in the provision of mental health services, and nongovernmental organizations involved in the provision of mental health services; (7) develop and disseminate to mental health providers and criminal justice agencies eval- uation tools, mechanisms, and measures to better assess and document performance meas- ures and outcomes relating to the provision of mental health services; (8) disseminate information to States, units of local government, criminal justice agencies, law enforcement agencies, and other relevant entities about best practices, policy standards, and research findings relating to the provision of mental health services; and (9) provide education and support to individ- uals with mental illness involved with, or at risk of involvement with, the criminal justice system, including the families of such individ- uals. (d) Accountability Grants awarded under this section shall be subject to the following accountability provi- sions: (1) Audit requirement (A) Definition In this paragraph, the term ‘‘unresolved audit finding’’ means a finding in the final Page 203 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10652 audit report of the Inspector General of the Department of Justice under subparagraph (C) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year after the date on which the final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after December 13, 2016, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of grantees under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be au- dited each year. (C) Final audit report The Inspector General of the Department of Justice shall submit to the Attorney Gen- eral a final report on each audit conducted under subparagraph (B). (D) Mandatory exclusion Grantees under this section about which there is an unresolved audit finding shall not be eligible to receive a grant under this sec- tion during the 2 fiscal years beginning after the end of the 1-year period described in sub- paragraph (A). (E) Priority In making grants under this section, the Attorney General shall give priority to ap- plicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (F) Reimbursement If an entity receives a grant under this section during the 2-fiscal-year period dur- ing which the entity is prohibited from re- ceiving grants under subparagraph (D), the Attorney General shall— (i) deposit an amount equal to the amount of the grant that was improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repay- ment under clause (i) from the grantee that was erroneously awarded grant funds. (2) Nonprofit agency requirements (A) Definition For purposes of this paragraph and the grant program under this section, the term ‘‘nonprofit agency’’ means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of title 26. (B) Prohibition The Attorney General may not award a grant under this section to a nonprofit agen- cy that holds money in an offshore account for the purpose of avoiding paying the tax described in section 511(a) of title 26. (C) Disclosure Each nonprofit agency that is awarded a grant under this section and uses the proce- dures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, direc- tors, trustees, and key employees, shall dis- close to the Attorney General, in the appli- cation for the grant, the process for deter- mining such compensation, including the independent persons involved in reviewing and approving such compensation, the com- parability data used, and contemporaneous substantiation of the deliberation and deci- sion. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public in- spection. (3) Conference expenditures (A) Limitation No amounts made available to the Depart- ment of Justice under this section may be used by the Attorney General, or by any in- dividual or entity awarded discretionary funds through a cooperative agreement under this section, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, provides prior written authorization that the funds may be expended to host the conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and en- tertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representa- tives on all conference expenditures ap- proved under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after December 13, 2016, the Attorney General shall submit to the Committee on the Judici- ary and the Committee on Appropriations of the Senate and the Committee on the Judici- ary and the Committee on Appropriations of the House of Representatives an annual cer- tification— (A) indicating whether— (i) all final audit reports issued by the Office of the Inspector General under para- graph (1) have been completed and re- viewed by the appropriate Assistant Attor- ney General or Director; (ii) all mandatory exclusions required under paragraph (1)(D) have been issued; and (iii) any reimbursements required under paragraph (1)(F) have been made; and (B) that includes a list of any grantees ex- cluded under paragraph (1)(D) from the pre- vious year. Page 204 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10653 (5) Preventing duplicative grants (A) In general Before the Attorney General awards a grant to an applicant under this section, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine if duplicate grant awards are awarded for the same pur- pose. (B) Report If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the Attorney General awarded the duplicate grants. (Pub. L. 90–351, title I, § 2992, as added Pub. L. 114–255, div. B, title XIV, § 14014, Dec. 13, 2016, 130 Stat. 1303.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (d)(5)(A), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For com- plete classification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 3797aa–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries MENTAL HEALTH TRAINING FOR FEDERAL UNIFORMED SERVICES Pub. L. 114–255, div. B, title XIV, § 14008, Dec. 13, 2016, 130 Stat. 1296, provided that: ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 13, 2016], the Sec- retary of Defense, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Commerce shall provide the following to each of the uniformed services (as that term is defined in section 101 of title 10, United States Code) under their direction: ‘‘(1) TRAINING PROGRAMS.—Programs that offer spe- cialized and comprehensive training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved. ‘‘(2) IMPROVED TECHNOLOGY.—Computerized infor- mation systems or technological improvements to provide timely information to Federal law enforce- ment personnel, other branches of the uniformed services, and criminal justice system personnel to improve the Federal response to mentally ill individ- uals. ‘‘(3) COOPERATIVE PROGRAMS.—The establishment and expansion of cooperative efforts to promote pub- lic safety through the use of effective intervention with respect to mentally ill individuals encountered by members of the uniformed services.’’ FEDERAL LAW ENFORCEMENT TRAINING Pub. L. 114–255, div. B, title XIV, § 14025, Dec. 13, 2016, 130 Stat. 1310, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 13, 2016], the Attorney General shall provide direction and guid- ance for the following: ‘‘(1) TRAINING PROGRAMS.—Programs that offer spe- cialized and comprehensive training, in procedures to identify and appropriately respond to incidents in which the unique needs of individuals who have a mental illness are involved, to first responders and tactical units of— ‘‘(A) Federal law enforcement agencies; and ‘‘(B) other Federal criminal justice agencies such as the Bureau of Prisons, the Administrative Office of the United States Courts, and other agencies that the Attorney General determines appropriate. ‘‘(2) IMPROVED TECHNOLOGY.—The establishment of, or improvement of existing, computerized informa- tion systems to provide timely information to em- ployees of Federal law enforcement agencies, and Federal criminal justice agencies to improve the re- sponse of such employees to situations involving indi- viduals who have a mental illness.’’ § 10653. Creation of a TBI and PTSD training for first responders (a) In general Not later than one year after August 16, 2022, the Attorney General, acting through the Direc- tor of the Bureau of Justice Assistance, in con- sultation with the Director of the Centers for Disease Control and Prevention and the Assist- ant Secretary for Mental Health and Substance Use, shall solicit best practices regarding tech- niques to interact with persons who have a trau- matic brain injury, an acquired brain injury, or post-traumatic stress disorder from first re- sponder, brain injury, veteran, and mental health organizations, health care and mental health providers, hospital emergency depart- ments, and other relevant stakeholders, and shall develop crisis intervention training tools for use by first responders (as such term is de- fined in section 10705 of this title) that provide— (1) information on the conditions and symp- toms of a traumatic brain injury, an acquired brain injury, and post-traumatic stress dis- order; (2) techniques to interact with persons who have a traumatic brain injury, an acquired brain injury, or post-traumatic stress disorder; and (3) information on how to recognize persons who have a traumatic brain injury, an ac- quired brain injury, or post-traumatic stress disorder. (b) Use of training tools at Law Enforcement Mental Health Learning Sites The Attorney General shall ensure that not less than one Law Enforcement Mental Health Learning Site designated by the Director of the Bureau of Justice Assistance uses the training tools developed under subsection (a). (c) Police Mental Health Collaboration Toolkit The Attorney General shall make the training tools developed under subsection (a) available as part of the Police-Mental Health Collaboration Toolkit provided by the Bureau of Justice As- sistance. (Pub. L. 90–351, title I, § 2993, as added Pub. L. 117–170, § 3(2), Aug. 16, 2022, 136 Stat. 2092.)