34 U.S.C. § 10159 — Law enforcement training programs

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 Page 54 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10159 2 So in original. Probably should be ‘‘provides’’. of Investigation, in an amount not to exceed 5 percent of the total amount of the grant award, if a law enforcement agency of the State or unit of local government is not al- ready reporting to the National Use-of-Force Data Collection. (2) Requirements for use for continuing edu- cation (A) Definition In this paragraph, the term ‘‘covered topic’’ means a topic covered under the cur- ricula developed or identified under clause (i), (ii), or (iv) of section 10381(n)(1)(A) 1 of this title. (B) Requirement to provide initial training A State or unit of local government shall ensure that all officers who have been em- ployed with the State or unit of local gov- ernment for at least 2 years have received training as part of a certified training pro- gram or course on all covered topics before the State or unit of local government uses amounts received under a grant under para- graph (1) for continuing education with re- spect to any covered topic. (C) Start date of availability of funding (i) In general Subject to clause (ii), a State or unit of local government may not use amounts re- ceived under a grant under paragraph (1) for continuing education with respect to a covered topic until the date that is 2 years after December 27, 2022. (ii) Exception A State or unit of local government may use amounts received under a grant under paragraph (1) for continuing education with respect to a covered topic during the 2-year period beginning on December 27, 2022, if the State or unit of local govern- ment has complied with subparagraph (B) using amounts available to the State or unit of local government other than amounts received under a grant under paragraph (1). (3) Maintaining relationships with local mental health organizations A State or unit of local government that re- ceives funds under this section shall establish and maintain relationships between law en- forcement officers and local mental health or- ganizations and health care services. (c) Allocation of funds (1) In general Of the total amount appropriated to carry out this section for a fiscal year, the Attorney General shall allocate funds to each State in proportion to the total number of law enforce- ment officers in the State that are employed by the State or a unit of local government within the State, as compared to the total number of law enforcement officers in the United States. (2) Retention of funds for training for State law enforcement officers proportional to number of State officers Each fiscal year, each State may retain, for use for the purposes described in this section, from the total amount of funds provided to the State under paragraph (1) an amount that is not more than the amount that bears the same ratio to such total amount as the ratio of— (A) the total number of law enforcement officers employed by the State; to (B) the total number of law enforcement officers in the State that are employed by the State or a unit of local government within the State. (3) Provision of funds for training for local law enforcement officers (A) In general A State shall make available to units of local government in the State for the pur- poses described in this section the amounts remaining after a State retains funds under paragraph (2). (B) Additional uses A State may, with the approval of a unit of local government, use the funds allocated to the unit of local government under sub- paragraph (A)— (i) to facilitate offering a certified train- ing program or course or, subject to sub- section (b)(2), a certified training program or course that provide 2 continuing edu- cation in 1 or more of the topics described in section 10381(n)(1)(A) 1 of this title to law enforcement officers employed by the unit of local government; or (ii) for the costs of training local law en- forcement officers, including through law enforcement training academies of States and units of local government, to conduct a certified training program or course. (C) Consultation The Attorney General, in consultation with relevant law enforcement agencies of States and units of local government, asso- ciations that represent individuals with mental or behavioral health diagnoses or in- dividuals with disabilities, labor organiza- tions, professional law enforcement organi- zations, local law enforcement labor and rep- resentative organizations, law enforcement trade associations, mental health and sui- cide prevention organizations, family advo- cacy organizations, and civil rights and civil liberties groups, shall develop criteria gov- erning the allocation of funds to units of local government under this paragraph, which shall ensure that the funds are dis- tributed as widely as practicable in terms of geographical location and to both large and small law enforcement agencies of units of local government. (D) Announcement of allocations Not later than 30 days after the date on which a State receives an award under para- graph (1), the State shall announce the allo- cations of funds to units of local government under subparagraph (A). A State shall sub- mit to the Attorney General a report ex- plaining any delays in the announcement of allocations under this subparagraph. Page 55 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10159 (d) Reporting (1) Units of local government Any unit of local government that receives funds from a State under subsection (c)(3) for a certified training program or course shall submit to the State or the Attorney General an annual report with respect to the first fis- cal year during which the unit of local govern- ment receives such funds and each of the 2 fis- cal years thereafter that— (A) shall include the number of law en- forcement officers employed by the unit of local government that have completed a cer- tified training program or course, including a certified training program or course pro- vided on or before the date on which the At- torney General begins certifying training programs and courses under section 10381(n)(2) 1 of this title, the topics covered in those courses, and the number of officers who received training in each topic; (B) may, at the election of the unit of local government, include the number of law en- forcement officers employed by the unit of local government that have completed a cer- tified training program or course using funds provided from a source other than the grants described under subsection (b), the topics covered in those courses, and the number of officers who received training in each topic; (C) shall include the total number of law enforcement officers employed by the unit of local government; (D) shall include a description of any bar- riers to providing training on the topics de- scribed in section 10381(n)(1)(A) 1 of this title; (E) shall include information gathered through— (i) pre-training and post-training tests that assess relevant knowledge and skills covered in the training curricula, as speci- fied in section 10381(n)(1) 1 of this title; and (ii) follow-up evaluative assessments to determine the degree to which partici- pants in the training apply, in their jobs, the knowledge and skills gained in the training; and (F) shall include the amount of funds re- ceived by the unit of local government under subsection (c)(3) and a tentative plan for training all law enforcement officers em- ployed by the unit of local government using available and anticipated funds. (2) States A State receiving funds under this section shall submit to the Attorney General— (A) any report the State receives from a unit of local government under paragraph (1); and (B) if the State retains funds under sub- section (c)(2) for a fiscal year, a report by the State for that fiscal year, and each of the 2 fiscal years thereafter— (i) indicating the number of law enforce- ment officers employed by the State that have completed a certified training pro- gram or course, including a certified train- ing program or course provided on or be- fore the date on which the Attorney Gen- eral begins certifying training programs or courses under section 10381(n)(2) 1 of this title, the topics covered in those courses, and the number of officers who received training in each topic, including, at the election of the State, a certified training program or course using funds provided from a source other than the grants de- scribed under subsection (b); (ii) indicating the total number of law enforcement officers employed by the State; (iii) providing information gathered through— (I) pre-training and post-training tests that assess relevant knowledge and skills covered in the training curricula, as specified in section 10381(n)(1) 1 of this title; and (II) follow-up evaluative assessments to determine the degree to which partici- pants in the training apply, in their jobs, the knowledge and skills gained in the training; (iv) discussing any barriers to providing training on the topics described in section 10381(n)(1)(A) 1 of this title; and (v) indicating the amount of funding re- tained by the State under subsection (c)(2) and providing a tentative plan for training all law enforcement officers employed by the State using available and anticipated funds. (3) Reporting tools Not later than 180 days after December 27, 2022, the Attorney General shall develop a por- tal through which the data required under paragraphs (1) and (2) may be collected and submitted. (4) Reports on the use of de-escalation tactics and other techniques (A) In general The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, relevant law enforcement agencies of States and units of local govern- ment, associations that represent individ- uals with mental or behavioral health diag- noses or individuals with disabilities, labor organizations, professional law enforcement organizations, local law enforcement labor and representative organizations, law en- forcement trade associations, mental health and suicide prevention organizations, family advocacy organizations, and civil rights and civil liberties groups, shall establish— (i) reporting requirements on inter- actions in which de-escalation tactics and other techniques in curricula developed or identified under section 10381(n)(1) 1 of this title are used by each law enforcement agency that receives funding under this section; and (ii) mechanisms for each law enforce- ment agency to submit such reports to the Department of Justice. (B) Reporting requirements The requirements developed under sub- paragraph (A) shall— Page 56 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10159 (i) specify— (I) the circumstances under which an interaction shall be reported, consid- ering— (aa) the cost of collecting and report- ing the information; and (bb) the value of that information for determining whether— (AA) the objectives of the training have been met; and (BB) the training reduced or elimi- nated the risk of serious physical in- jury to officers, subjects, and third parties; and (II) the demographic and other rel- evant information about the officer and subjects involved in the interaction that shall be included in such a report; and (ii) require such reporting be done in a manner that— (I) is in compliance with all applicable Federal and State confidentiality laws; and (II) does not disclose the identities of law enforcement officers, subjects, or third parties. (C) Review of reporting requirements Not later than 2 years after December 27, 2022, and every 2 years thereafter, the Attor- ney General, in consultation with the enti- ties specified under subparagraph (A), shall review and consider updates to the reporting requirements. (5) Failure to report (A) In general An entity receiving funds under this sec- tion that fails to file a report as required under paragraph (1) or (2), as applicable and as determined by the Attorney General, shall not be eligible to receive funds under this section for a period of 2 fiscal years. (B) Rule of construction Nothing in subparagraph (A) shall be con- strued to prohibit a State that fails to file a report as required under paragraph (2), and is not eligible to receive funds under this section, from making funding available to a unit of local government of the State under subsection (c)(3), if the unit of local govern- ment has complied with the reporting re- quirements. (e) Attorney General reports (1) Implementation report Not later than 2 years after December 27, 2022, and each year thereafter in which grants are made under this section, the Attorney General shall submit a report to Congress on the implementation of activities carried out under this section. (2) Contents Each report under paragraph (1) shall in- clude, at a minimum, information on— (A) the number, amounts, and recipients of awards the Attorney General has made or in- tends to make using funds authorized under this section; (B) the selection criteria the Attorney General has used or intends to use to select recipients of awards using funds authorized under this section; (C) the number of law enforcement officers of a State or unit of local government who were not able to receive training on the top- ics described in section 10381(n)(1)(A) 1 of this title due to unavailability of funds and the amount of funds that would be required to complete the training; and (D) the nature, frequency, and amount of information that the Attorney General has collected or intends to collect under sub- section (d). (3) Privacy protections A report under paragraph (1) shall not dis- close the identities of individual law enforce- ment officers who received, or did not receive, training under a certified training program or course. (f) National Institute of Justice study (1) Study and report Not later than 2 years after the first grant award using funds authorized under this sec- tion, the National Institute of Justice shall conduct a study of the implementation of training under a certified training program or course in at least 6 jurisdictions representing an array of agency sizes and geographic loca- tions, which shall include— (A) a process evaluation of training imple- mentation, which shall include an analysis of the share of officers who participated in the training, the degree to which the train- ing was administered in accordance with the curriculum, and the fidelity with which the training was applied in the field; and (B) an impact evaluation of the training, which shall include an analysis of the im- pact of the training on interactions between law enforcement officers and the public, any factors that prevent or preclude law enforce- ment officers from successfully de-esca- lating law enforcement interactions, and any recommendations on modifications to the training curricula and methods that could improve outcomes. (2) National Institute of Justice access to por- tal For the purposes of preparing the report under paragraph (1), the National Institute of Justice shall have direct access to the portal developed under subsection (d)(3). (3) Privacy protections The study under paragraph (1) shall not dis- close the identities of individual law enforce- ment officers who received, or did not receive, training under a certified training program or course. (4) Funding Not more than 1 percent of the amount ap- propriated to carry out this section during any fiscal year shall be made available to conduct the study under paragraph (1). (g) GAO report (1) Study and report Not later than 3 years after the first grant award using funds authorized under this sec- Page 57 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10171 tion, the Comptroller General of the United States shall review the grant program under this section and submit to Congress a report assessing the grant program, including— (A) the process for developing and identi- fying curricula under section 10381(n)(1) 1 of this title, including the effectiveness of the consultation by the Attorney General with the agencies, associations, and organizations identified under section 10381(n)(1)(C) 1 of this title; (B) the certification of training programs and courses under section 10381(n)(2) 1 of this title, including the development of the proc- ess for certification and its implementation; (C) the training of law enforcement per- sonnel under section 10381(n)(3) 1 of this title, including the geographic distribution of the agencies that employ the personnel receiv- ing the training and the sizes of those agen- cies; (D) the allocation of funds under sub- section (c), including the geographic dis- tribution of the agencies that receive funds and the degree to which both large and small agencies receive funds; and (E) the amount of funding distributed to agencies compared with the amount appro- priated under this section, the amount spent for training, and whether plans have been put in place by the recipient agencies to use unspent available funds. (2) GAO access to portal For the purposes of preparing the report under paragraph (1), the Comptroller General of the United States shall have direct access to the portal developed under subsection (d)(3). (h) Authorization of appropriations There is authorized to be appropriated to carry out this section— (1) $40,000,000 for fiscal year 2025; and (2) $50,000,000 for fiscal year 2026. (Pub. L. 90–351, title I, § 508, as added Pub. L. 117–325, § 2(c)(2), Dec. 27, 2022, 136 Stat. 4444.) Editorial Notes REFERENCES IN TEXT Section 10381(n) of this title, referred to in text, was redesignated section 10381(o) of this title by Pub. L. 118–64, § 3, May 24, 2024, 138 Stat. 1435. PRIOR PROVISIONS A prior section 508 of Pub. L. 90–351 was renumbered section 509 and had been classified to section 3758 of Title 42, The Public Health and Welfare, prior to being omitted from the Code. Another prior section 508 of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4335, related to distribution of grants to local govern- ment, 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. PART B—DISCRETIONARY GRANTS SUBPART 1—GRANTS TO PUBLIC AGENCIES § 10171. Correctional options grants (a) Authority to make grants The Director, in consultation with the Direc- tor of the National Institute of Corrections, may make— (1) 4 grants in each fiscal year, in various geographical areas throughout the United States, to public agencies for correctional op- tions (including the cost of construction) that provide alternatives to traditional modes of incarceration and offender release programs— (A) to provide more appropriate interven- tion for youthful offenders who are not ca- reer criminals, but who, without such inter- vention, are likely to become career crimi- nals or more serious offenders; (B) to provide a degree of security and dis- cipline appropriate for the offender involved; (C) to provide diagnosis, and treatment and services (including counseling, sub- stance abuse treatment, education, job training and placement assistance while under correctional supervision, and linkage to similar outside services), to increase the success rate of offenders who decide to pur- sue a course of lawful and productive con- duct after release from legal restraint; (D) to reduce criminal recidivism by of- fenders who receive punishment through such alternatives; (E) to reduce the cost of correctional serv- ices and facilities by reducing criminal re- cidivism; and (F) to provide work that promotes develop- ment of industrial and service skills in con- nection with a correctional option; (2) grants to private nonprofit organiza- tions— (A) for any of the purposes specified in subparagraphs (A) through (F) of paragraph (1); (B) to undertake educational and training programs for criminal justice personnel; (C) to provide technical assistance to States and local units of government; and (D) to carry out demonstration projects which, in view of previous research or expe- rience, are likely to be a success in more than one jurisdiction; in connection with a correctional option (ex- cluding the cost of construction); (3) grants to public agencies to establish, op- erate, and support boot camp prisons; and (4) grants to State courts to improve secu- rity for State and local court systems. (b) Selection of grantees The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3), the Direc- tor shall— (1) consider the overall quality of an appli- cant’s shock incarceration program, including