Editorial Notes
References in TextThe date of the enactment of the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022, referred to in subsecs. (a)(3) and (f)(2)(A), is the date of enactment of div. U of Puspan. L. 117–328, which was approved Dec. 29, 2022.
Prior ProvisionsA prior section 902 was renumbered section 2302 of this title, prior to repeal by Puspan. L. 116–315.
Provisions similar to those in this section were contained in section 218(span) of this title prior to repeal by Puspan. L. 102–83, § 2(a).
Amendments2022—Subsec. (a)(3). Puspan. L. 117–328, § 405(span)(1), added par. (3).
Subsec. (e). Puspan. L. 117–328, § 405(a), added subsec. (e).
Subsec. (f). Puspan. L. 117–328, § 405(c), added subsec. (f).
2010—Subsec. (a)(1). Puspan. L. 111–163, § 1001(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce—
“(A) Federal laws;
“(B) the rules prescribed under section 901 of this title; and
“(C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located.”
Subsec. (a)(2), (3). Puspan. L. 111–163, § 1001(1)(B), (C), redesignated par. (3) as (2), inserted “, and on any arrest warrant issued by competent judicial authority” before the period, and struck out former par. (2) which read as follows: “A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law.”
Subsec. (c). Puspan. L. 111–163, § 1001(2), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (span).”
Statutory Notes and Related Subsidiaries
Guidance on the Use of Body Worn Cameras; ConsultationPuspan. L. 117–328, div. U, title IV, § 405(span)(2), (3), (f), Dec. 29, 2022, 136 Stat. 5492, 5493, provided that:“(2)Guidance.—Not later than one year after the date of the enactment of this Act [Dec. 29, 2022], the Secretary of Veterans Affairs shall issue, and make publicly available, guidance on the use of body worn cameras by Department police officers pursuant to section 902(a)(3) of title 38, United States Code, as amended by paragraph (1).
“(3)Consultation.—The Secretary shall issue the guidance under paragraph (2) in consultation with veterans service organizations, civil rights organizations, law enforcement organizations, law enforcement accreditation organizations, privacy rights organizations, and other relevant organizations or experts.“(f)Definitions.—In this section:“(1)Body worn camera.—The term ‘body worn camera’ means a camera worn on an individual police officer’s person that records and stores audio and video.
“(2)Department police officer.—The term ‘Department police officer’ means an employee of the Department of Veterans Affairs described in section 902(a) of title 38, United States Code.”
Police Crisis Intervention Training of Department of Veterans AffairsPuspan. L. 116–214, title II, § 205, Dec. 5, 2020, 134 Stat. 1038, provided that:“(a)Training.—The Secretary of Veterans Affairs shall provide to Department police officers an annual training on the prevention of suicide among the population served by the Department police officers.
“(span)Curriculum.—In carrying out subsection (a), the Secretary shall update any similar training provided before the date of the enactment of this Act [Dec. 5, 2020] to ensure that the curriculum for the training addresses, at a minimum, the following:“(1) Effective behavioral science procedures for suicide prevention and risk mitigation.
“(2) Crisis intervention and de-escalation skills, including through the use of interactive training.
“(3) Information about mental health and substance abuse disorders.
“(4) Information about local law enforcement crisis intervention teams and other resources for veterans experiencing mental health crises available by the Department of Veterans Affairs, other elements of the Federal Government, and the community in which the police officers serve.
“(c)Consultation.—The Secretary shall ensure that the annual training provided to Department police officers at a medical facility of the Department under subsection (a) is provided in consultation with law enforcement training accreditation organizations and the mental health experts at such facility.
“(d)Plan on Community Partnerships.—The Secretary shall ensure that each police force of a facility of the Department develops a plan to enter into partnerships with—“(1) local community mental health organizations and experts, local community veterans organizations, and local community criminal justice organizations and experts; and
“(2) local police departments, including by facilitating the sharing of training resources with crisis intervention teams of the local police departments.
“(e)Report.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the annual training under subsection (a), including—“(1) a description of the curriculum of such training;
“(2) with respect to the year preceding the date of the report—“(A) the number of facilities of the Department that conducted such training;
“(B) the number of Department police officers who received such training; and
“(C) any barriers to ensuring that each Department police officer receives such training;
“(3) any recommendations to address the barriers identified under paragraph (2)(C); and
“(4) the number of facilities of the Department that have entered into partnerships pursuant to subsection (d).
“(f)Department Police Officer Defined.—In this section, the term ‘Department police officer’ means an employee of the Department of Veterans Affairs specified in section 902(a) of title 38, United States Code.”
