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§ 10381. Authority to make public safety and community policing grants

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Release point 116-252 · current through 12/22/2020

Showing (d) in the context of the whole section.

§ 10381.

Authority to make public safety and community policing grants

(a)

Grant authorization

The Attorney General shall carry out a single grant program under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b).

(b)

Uses of grant amounts

The purposes for which grants made under subsection (a) may be made are—

(1)

to rehire law enforcement officers who have been laid off as a result of State, tribal, or local budget reductions for deployment in community-oriented policing;

(2)

to hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation, including by prioritizing the hiring and training of veterans (as defined in section 101 of title 38);

(3)

to procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in community-oriented policing;

(4)

to award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties;

(5)

to increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities;

(6)

to provide specialized training to law enforcement officers to enhance their conflict resolution, mediation, problem solving, service, and other skills needed to work in partnership with members of the community;

(7)

to increase police participation in multidisciplinary early intervention teams;

(8)

to develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State, tribal, and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies;

(9)

to develop and implement innovative programs to permit members of the community to assist State, tribal, and local law enforcement agencies in the prevention of crime in the community, such as a citizens’ police academy, including programs designed to increase the level of access to the criminal justice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings;

(10)

to establish innovative programs to reduce, and keep to a minimum, the amount of time that law enforcement officers must be away from the community while awaiting court appearances;

(11)

to establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involving law enforcement officers and young persons in the community;

(12)

to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities, including the training of school resource officers in the prevention of human trafficking offenses;

(13)

to develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy;

(14)

to assist a State or Indian tribe in enforcing a law throughout the State or tribal community that requires that a convicted sex offender register his or her address with a State, tribal, or local law enforcement agency and be subject to criminal prosecution for failure to comply;

(15)

to establish, implement, and coordinate crime prevention and control programs (involving law enforcement officers working with community members) with other Federal programs that serve the community and community members to better address the comprehensive needs of the community and its members;

(16)

to support the purchase by a law enforcement agency of no more than 1 service weapon per officer, upon hiring for deployment in community-oriented policing or, if necessary, upon existing officers’ initial redeployment to community-oriented policing;

(17)

to participate in nationally recognized active shooter training programs that offer scenario-based, integrated response courses designed to counter active shooter threats or acts of terrorism against individuals or facilities;

(18)

to provide specialized training to law enforcement officers to—

(A)

recognize individuals who have a mental illness; and

(B)

properly interact with individuals who have a mental illness, including strategies for verbal de-escalation of crises;

(19)

to establish collaborative programs that enhance the ability of law enforcement agencies to address the mental health, behavioral, and substance abuse problems of individuals encountered by law enforcement officers in the line of duty;

(20)

to provide specialized training to corrections officers to recognize individuals who have a mental illness;

(21)

to enhance the ability of corrections officers to address the mental health of individuals under the care and custody of jails and prisons, including specialized training and strategies for verbal de-escalation of crises;

(22)

to permit tribal governments receiving direct law enforcement services from the Bureau of Indian Affairs to access the program under this section for use in accordance with paragraphs (1) through (21); and

(23)

to establish peer mentoring mental health and wellness pilot programs within State, tribal, and local law enforcement agencies.

(c)

Preferential consideration of applications for certain grants

In awarding grants under this subchapter, the Attorney General may give preferential consideration, where feasible, to an application—

(1)

for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g);

(2)

from an applicant in a State that has in effect a law that—

(A)

treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons;

(B)

discourages or prohibits the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); and

(C)

encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services; or

(3)

from an applicant in a State that has in effect a law—

(A)

that—

(i)

provides a process by which an individual who is a human trafficking survivor can move to vacate any arrest or conviction records for a non-violent offense committed as a direct result of human trafficking, including prostitution or lewdness;

(ii)

establishes a rebuttable presumption that any arrest or conviction of an individual for an offense associated with human trafficking is a result of being trafficked, if the individual—

(I)

is a person granted nonimmigrant status pursuant to section 1101(a)(15)(T)(i) of title 8;

(II)

is the subject of a certification by the Secretary of Health and Human Services under section 7105(b)(1)(E) of title 22; or

(III)

has other similar documentation of trafficking, which has been issued by a Federal, State, or local agency; and

(iii)

protects the identity of individuals who are human trafficking survivors in public and court records; and

(B)

that does not require an individual who is a human trafficking survivor to provide official documentation as described in subclause (I), (II), or (III) of subparagraph (A)(ii) in order to receive protection under the law.

(d)

Technical assistance

(1)

In general

The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities, in furtherance of the purposes of the Public Safety Partnership and Community Policing Act of 1994.

(2)

Model

The technical assistance provided by the Attorney General may include the development of a flexible model that will define for State and local governments, and other public and private entities, definitions and strategies associated with community or problem-oriented policing and methodologies for its implementation.

(3)

Training centers and facilities

The technical assistance provided by the Attorney General may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of the centers or facilities established under this paragraph may include instruction and seminars for police executives, managers, trainers, supervisors, and such others as the Attorney General considers to be appropriate concerning community or problem-oriented policing and improvements in police-community interaction and cooperation that further the purposes of the Public Safety Partnership and Community Policing Act of 1994.

(e)

Utilization of components

The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.

(f)

Minimum amount

Unless all applications submitted by any State and grantee within the State pursuant to subsection (a) have been funded, each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to subsection (a) not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to that subsection. In this subsection, “qualifying State” means any State which has submitted an application for a grant, or in which an eligible entity has submitted an application for a grant, which meets the requirements prescribed by the Attorney General and the conditions set out in this subchapter.

(g)

Matching funds

The portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 10382(c)(8) of this title.

(h)

Allocation of funds

The funds available under this subchapter shall be allocated as provided in section 10261(a)(11)(B) of this title.

(i)

Termination of grants for hiring officers

Except as provided in subsection (j), the authority under subsection (a) of this section to make grants for the hiring and rehiring of additional career law enforcement officers shall lapse at the conclusion of 6 years from
September 13, 1994
. Prior to the expiration of this grant authority, the Attorney General shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this subchapter and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career law enforcement officers.

(j)

Grants to Indian Tribes

(1)

In general

Notwithstanding subsection (i) and section 10383 of this title, and in acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, the Attorney General shall provide grants under this section to Indian tribal governments, for fiscal year 2011 and any fiscal year thereafter, for such period as the Attorney General determines to be appropriate to assist the Indian tribal governments in carrying out the purposes described in subsection (b).

(2)

Priority of funding

In providing grants to Indian tribal governments under this subsection, the Attorney General shall take into consideration reservation crime rates and tribal law enforcement staffing needs of each Indian tribal government.

(3)

Federal share

Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection—

(A)

shall be 100 percent; and

(B)

may be used to cover indirect costs.

(4)

Authorization of appropriations

There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2011 through 2015.

(k)

COPS anti-meth program

The Attorney General shall use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2019) to make competitive grants, in amounts of not less than $1,000,000 for such fiscal year, to State law enforcement agencies with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures for the purpose of locating or investigating illicit activities, such as precursor diversion, laboratories, or methamphetamine traffickers.

(l)

COPS anti-heroin task force program

The Attorney General shall use amounts otherwise appropriated to carry out this section, or other amounts as appropriated, for a fiscal year (beginning with fiscal year 2019) to make competitive grants to State law enforcement agencies in States with high per capita rates of primary treatment admissions, for the purpose of locating or investigating illicit activities, through Statewide collaboration, relating to the distribution of heroin, fentanyl, or carfentanil or relating to the unlawful distribution of prescription opioids.

(m)

Report

Not later than 180 days after

July 29, 2010
, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian country, including particular references to—

(1)

the problem of intermittent funding;

(2)

the integration of COPS personnel with existing law enforcement authorities; and

(3)

an explanation of how the practice of community policing and the broken windows theory can most effectively be applied in remote tribal locations.

Source(Pub. L. 90–351, title I, § 1701, as added Pub. L. 103–322, title I, § 10003(a)(3),
Sept. 13, 1994
, 108 Stat. 1808; amended Pub. L. 105–119, title I, § 119,
Nov. 26, 1997
, 111 Stat. 2468; Pub. L. 105–302, § 1(1),
Oct. 27, 1998
, 112 Stat. 2841; Pub. L. 108–21, title III, § 341,
Apr. 30, 2003
, 117 Stat. 665; Pub. L. 109–162, title XI, § 1163(a),
Jan. 5, 2006
, 119 Stat. 3119; Pub. L. 111–211, title II, § 243,
July 29, 2010
, 124 Stat. 2292; Pub. L. 114–22, title VI, § 601(1), title X, § 1002,
May 29, 2015
, 129 Stat. 258, 266; Pub. L. 114–199, § 2,
July 22, 2016
, 130 Stat. 780; Pub. L. 114–255, div. B, title XIV, § 14001(b),
Dec. 13, 2016
, 130 Stat. 1288; Pub. L. 115–37, § 2,
June 2, 2017
, 131 Stat. 854; Pub. L. 115–113, § 2(c),
Jan. 10, 2018
, 131 Stat. 2276; Pub. L. 115–271, title VIII, §§ 8210, 8211,
Oct. 24, 2018
, 132 Stat. 4114; Pub. L. 115–393, title I, § 101,
Dec. 21, 2018
, 132 Stat. 5266.)
Notes

References in Text

The Public Safety Partnership and Community Policing Act of 1994, referred to in subsec. (d)(1), (3), is title I of Pub. L. 103–322,
Sept. 13, 1994
, 108 Stat. 1807, which is classified principally to this subchapter. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 10101 of this title and Tables.

Codification

Section was formerly classified to section 3796dd of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 1701 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title.

Amendments

2018—Subsec. (b)(12). Pub. L. 115–393 inserted before semicolon at end “, including the training of school resource officers in the prevention of human trafficking offenses”.
Subsec. (b)(23). Pub. L. 115–113 added par. (23).
Subsec. (k). Pub. L. 115–271, § 8210, added subsec. (k). Former subsec. (k) redesignated (l), then (m).
Subsec. (l). Pub. L. 115–271, § 8211, added subsec. (l).
Subsec. (m). Pub. L. 115–271 redesignated subsec. (k) as (l), then (m).
2017—Subsec. (b)(2). Pub. L. 115–37 inserted “, including by prioritizing the hiring and training of veterans (as defined in section 101 of title 38)” after “Nation”.
2016—Subsec. (b)(17). Pub. L. 114–199, § 2(1), (3), added par. (17). Former par. (17) redesignated (18).
Subsec. (b)(18). Pub. L. 114–255, § 14001(b)(1), (3), added par. (18). Former par. (18) redesignated (22).
Pub. L. 114–199, § 2(2), (4), redesignated par. (17) as (18) and substituted “through (17)” for “through (16)”.
Subsec. (b)(19) to (21). Pub. L. 114–255, § 14001(b)(3), added pars. (19) to (21).
Subsec. (b)(22). Pub. L. 114–255, § 14001(b)(2), (4), redesignated par. (18) as (22) and substituted “through (21)” for “through (17)”.
2015—Subsec. (c). Pub. L. 114–22, § 601(1), substituted “where feasible, to an application—” for “where feasible, to applications for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under subsection (g) of this section.” and added pars. (1) and (2).
Subsec. (c)(3). Pub. L. 114–22, § 1002, added par. (3).
2010—Subsec. (b). Pub. L. 111–211, § 243(1)(A), inserted “to” after each par. designation.
Subsec. (b)(1). Pub. L. 111–211, § 243(1)(B), substituted “State, tribal, or” for “State and”.
Subsec. (b)(5) to (8). Pub. L. 111–211, § 243(1)(G), redesignated pars. (6) to (9) as (5) to (8), respectively.
Subsec. (b)(9), (10). Pub. L. 111–211, § 243(1)(G), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8).
Pub. L. 111–211, § 243(1)(C), inserted “, tribal,” after “State”.
Subsec. (b)(11) to (14). Pub. L. 111–211, § 243(1)(G), redesignated pars. (12) to (15) as (11) to (14), respectively. Former par. (11) redesignated (10).
Subsec. (b)(15). Pub. L. 111–211, § 243(1)(G), redesignated par. (16) as (15). Former par. (15) redesignated (14).
Pub. L. 111–211, § 243(1)(D), substituted “a State or Indian tribe in” for “a State in”, “the State or tribal community that” for “the State which”, and “a State, tribal, or local” for “a State or local”.
Subsec. (b)(16), (17). Pub. L. 111–211, § 243(1)(E)–(H), added par. (17) and redesignated former par. (17) as (16). Former par. (16) redesignated (15).
Subsec. (i). Pub. L. 111–211, § 243(2), substituted “Except as provided in subsection (j), the authority” for “The authority”.
Subsecs. (j), (k). Pub. L. 111–211, § 243(3), added subsecs. (j) and (k).
2006—Subsec. (a). Pub. L. 109–162, § 1163(a)(1), reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: “The Attorney General may make grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address crime and disorder problems, and otherwise to enhance public safety.”
Subsec. (b). Pub. L. 109–162, § 1163(a)(3)(A), substituted “Uses of grant amounts” for “Additional grant projects” in subsec. heading and “The purposes for which grants made under subsection (a) of this section may be made are—” for “Grants made under subsection (a) of this section may include programs, projects, and other activities to—” in introductory provisions.
Pub. L. 109–162, § 1163(a)(2), (3), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to rehiring, hiring, and initial redeployment grant projects.
Subsec. (b)(1) to (4). Pub. L. 109–162, § 1163(a)(3)(C), added pars. (1) to (4). Former pars. (1) to (4) redesignated (6) to (9), respectively.
Subsec. (b)(5). Pub. L. 109–162, § 1163(a)(3)(B), redesignated par. (5) as (10).
Subsec. (b)(6) to (8). Pub. L. 109–162, § 1163(a)(3)(B), redesignated pars. (1) to (3) as (6) to (8), respectively. Former pars. (6) to (8) redesignated (11) to (13), respectively.
Subsec. (b)(9). Pub. L. 109–162, § 1163(a)(3)(B), (D), redesignated par. (4) as (9) and amended it generally. Prior to amendment, par. (9) read as follows: “develop new technologies to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime;”. Former par. (9) redesignated (14).
Subsec. (b)(10) to (17). Pub. L. 109–162, § 1163(a)(3)(B), redesignated pars. (5) to (12) as (10) to (17), respectively.
Subsec. (c). Pub. L. 109–162, § 1163(a)(2), (4), (5), redesignated subsec. (e) as (c), substituted “subsection (g) of this section” for “subsection (i) of this section”, and struck out former subsec. (c) which related to use of grants for troops-to-cops programs.
Subsecs. (d) to (k). Pub. L. 109–162, § 1163(a)(4), redesignated subsecs. (f) to (k) as (d) to (i), respectively. Former subsecs. (d) and (e) redesignated (b) and (c), respectively.
2003—Subsec. (d)(10) to (12). Pub. L. 108–21 added par. (10) and redesignated former pars. (10) and (11) as (11) and (12), respectively.
1998—Subsec. (d)(8) to (11). Pub. L. 105–302 added par. (8) and redesignated former pars. (8) to (10) as (9) to (11), respectively.
1997—Subsec. (b)(2)(A). Pub. L. 105–119 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “may not exceed—
“(i) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1995;
“(ii) 20 percent of the funds available for grants pursuant to this subsection in fiscal year 1996; or
“(iii) 10 percent of the funds available for grants pursuant to this subsection in fiscal years 1997, 1998, 1999, and 2000; and”.

Purposes of 1994 Amendments

Pub. L. 103–322, title I, § 10002,
Sept. 13, 1994
, 108 Stat. 1807, provided that:

“The purposes of this title [see Short Title of 1994 Act note set out under section 10101 of this title] are to—

“(1)

substantially increase the number of law enforcement officers interacting directly with members of the community (‘cops on the beat’);

“(2)

provide additional and more effective training to law enforcement officers to enhance their problem solving, service, and other skills needed in interacting with members of the community;

“(3)

encourage the development and implementation of innovative programs to permit members of the community to assist State, Indian tribal government, and local law enforcement agencies in the prevention of crime in the community; and

“(4)

encourage the development of new technologies to assist State, Indian tribal government, and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime,

by establishing a program of grants and assistance in furtherance of these objectives, including the authorization for a period of 6 years of grants for the hiring and rehiring of additional career law enforcement officers.”

Improving Public Safety Presence in Rural Alaska

Pub. L. 111–211, title II, § 247(a)–(d),
July 29, 2010
, 124 Stat. 2296, 2297, provided that:
“(a)

Definitions.—

In this section:

“(1)

State.—

“(A)
In general.—

The term ‘State’ means the State of Alaska.

“(B)
Inclusion.—

The term ‘State’ includes any political subdivision of the State of Alaska.

“(2)

Village public safety officer.—

The term ‘village public safety officer’ means an individual employed as a village public safety officer under the program established by the State pursuant to Alaska Statute 18.65.670.

“(3)

Tribal organization.—

The term ‘tribal organization’ has the meaning given that term in section 4 of the Indian Self-Determination and Educational [Education] Assistance Act (25 U.S.C. 450b(l)) [now 25 U.S.C. 5304(l)].

“(b)

COPS Grants.—

The State and any Indian tribe or tribal organization in the State that employs a village public safety officer shall be eligible to apply for a grant under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) [now 34 U.S.C. 10381] (provided that only an Indian tribe or tribal organization may receive a grant under the tribal resources grant program under subsection (j) of that section) on an equal basis with other eligible applicants for funding under that section.

“(c)

Staffing for Adequate Fire and Emergency Response Grants.—

The State and any Indian tribe or tribal organization in the State that employs a village public safety officer shall be eligible to apply for a grant under the Staffing for Adequate Fire and Emergency Response program under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) on an equal basis with other eligible applicants for funding under that program.

“(d)

Training for Village Public Safety Officers and Tribal Law Enforcement Positions Funded Under COPS Program.—

“(1)

In general.—

Any village public safety officer or tribal law enforcement officer in the State shall be eligible to participate in any training program offered at the Indian Police Academy of the Federal Law Enforcement Training Center.

“(2)

Funding.—

Funding received pursuant to grants approved under section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) [now 34 U.S.C. 10381] may be used for training of officers at programs described in paragraph (1) or at a police academy in the State certified by the Alaska Police Standards Council.”

[For definition of “Indian tribe” as used in section 247(a)–(d) of Pub. L. 111–211, set out above, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.]

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