[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4324 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4324
To help train individuals in effective and evidence-based de-escalation
techniques to ensure that individuals at diverse levels of society have
and retain greater skills to resolve conflicts, manage anger, and
control implicit bias without the use of physical or other force, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Ms. Moore of Wisconsin (for herself, Mr. Cleaver, Ms. Norton, Mr.
McEachin, Mrs. Watson Coleman, Ms. Barragan, Ms. Brownley, Mrs. Hayes,
Mr. Swalwell, Ms. Castor of Florida, Mr. Yarmuth, and Mr. Carson)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To help train individuals in effective and evidence-based de-escalation
techniques to ensure that individuals at diverse levels of society have
and retain greater skills to resolve conflicts, manage anger, and
control implicit bias without the use of physical or other force, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Community Violence De-
Escalation Training Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Advisory Board'' means the De-Escalation
Advisory Board established pursuant to section 4.
(2) The term ``at-risk youth'' means any individual who--
(A)(i) has attained age 16 but not age 25;
(ii) has not regularly attended any secondary,
technical, or postsecondary school during the preceding
6-month period;
(iii) has not been regularly employed during the
preceding 6-month period; and
(iv) is not readily employable by reason of lacking
a sufficient number of basic skills; or
(B) has attained age 16 but not age 21 and was in
foster care.
(3) The term ``de-escalation'' means reduction of the
intensity of a conflict or potentially violent situation.
(4) The term ``implicit bias'' means the attitudes or
stereotypes that affect an individual's understanding, actions,
and decisions in an unconscious manner.
(5) The term ``racial reconciliation'' means a process of
reconciliation that--
(A) recognizes that racism is both systemic and
institutionalized with far-reaching effects on both
political engagement and economic opportunities for
minorities;
(B) empowers local communities through
relationship-building and truth-telling; and
(C) emphasizes restorative justice as an essential
component.
(6) The term ``Secretary'' means the Secretary of Health
and Human Services acting through Assistant Secretary for
Mental Health and Substance Use.
SEC. 3. DE-ESCALATION TRAINING STANDARDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall develop and issue training standards
for the de-escalation training to be funded pursuant to section 5.
(b) Contents.--The standards under subsection (a) shall, at a
minimum, outline the types of de-escalation training that--
(1) have been determined by the Secretary to be effective;
and
(2) are eligible to be funded pursuant to section 5.
(c) Process.--
(1) Seeking input.--
(A) In general.--In developing and issuing
standards under this section and any related
regulations or guidance, the Secretary shall seek input
from community stakeholders, health care and wellness
professionals, law enforcement agencies, Tribes, and
nonprofit organizations involved in de-escalation at
the local level, and others knowledgeable about the
need for and importance of de-escalation, including
through holding public meetings throughout the Nation
and through other media, including webinars.
(B) Definition.--In this section, the term
``community stakeholders'' includes--
(i) members of minority communities, those
with disabilities, persons of color,
immigrants, noncitizens, Native Americans,
youth, and formerly incarcerated persons; and
(ii) nonprofit organizations with
longstanding experience, in communities with
high rates of violence, conducting de-
escalation and conflict prevention work
targeting the categories of individuals
described in clause (i).
(2) Negotiated rulemaking.--In developing and issuing
standards under this section, the Secretary shall consider the
use of negotiated rulemaking.
SEC. 4. ADVISORY BOARD.
(a) Establishment.--To assist in carrying out this Act, the
Secretary shall establish an advisory board to be known as the De-
Escalation Advisory Board.
(b) Composition.--
(1) In general.--The Advisory Board shall be composed of--
(A) up to 25 members appointed by the Secretary in
accordance with paragraph (2) (in this subsection
referred to as the ``appointed members''), who shall be
voting members; and
(B) the ex officio members under paragraph (3), who
shall be nonvoting members.
(2) Appointed members.--
(A) Selection.--The appointed members of the
Advisory Board shall be appointed (or reappointed, as
applicable) by the Secretary after soliciting and
reviewing nominations for such appointments from
nonprofit organizations, individuals, State and local
officials, and others stakeholders.
(B) Representatives.--The appointed members of the
Advisory Board shall include representatives of each
the following:
(i) Law enforcement.
(ii) Tribes.
(iii) Health care and wellness
professionals.
(iv) Disability and behavioral health
organizations.
(v) State and local public health agencies.
(vi) Faith institutions.
(vii) Other entities dedicated to
encouraging de-escalation and nonviolence and
resisting implicit bias and racial
reconciliation, with a preference for nonprofit
organizations that demonstrate strong
experience--
(I) addressing these issues at the
local and community level; and
(II) working with the targeted
individuals, especially at-risk youth.
(3) Ex officio members.--The Advisory Board shall include
the following ex officio members:
(A) The Secretary of Health and Human Services (or
the Secretary's designee).
(B) The Secretary of Education (or the Secretary's
designee).
(C) The Attorney General of the United States (or
the Attorney General's designee).
(D) The heads of such other Federal departments and
agencies as the Secretary determines appropriate (or
their designees).
(4) Terms.--
(A) Duration.--The appointed members of the
Advisory Board shall each be appointed for a term of 3
years.
(B) Initial appointments.--Not later than 4 months
after the date of enactment of this Act, the Secretary
shall appoint all of the initial appointed members of
the Advisory Board.
(5) Officers.--At the first meeting of the Advisory Board,
and every other year thereafter, the members of the Advisory
Board shall elect from among such members a chairperson and
vice chairperson of the Advisory Board. Federal officials are
not eligible for election as chairperson or vice chairperson.
(c) Duties.--The Advisory Board shall--
(1) make recommendations to the Secretary regarding--
(A) the training standards under section 3 as may
be beneficial to fulfilling the mission and purposes of
the grant program under section 5; and
(B) implementation of the grant program under
section 5;
(2) monitor the implementation of such grant program and
provide technical assistance and support to grantees under such
grant program;
(3) determine--
(A) the extent to which such grantees face
challenges to implementing such grant program; and
(B) the effectiveness of the Department of Health
and Human Services in addressing such challenges;
(4) continually identify new advances and innovative
practices in effective ways to conduct de-escalation training
to incorporate such advances and innovative practices into the
standards under section 3 and implementation of such grant
program; and
(5) provide--
(A) on a biennial basis, reports to the Secretary
regarding the Advisory Board's activities and the
effectiveness of such grant program; and
(B) not later than 2 years after the award of the
first grant under section 5, and every 5 years
thereafter, a report to the Congress on the Advisory
Board's activities, challenges to the programs and
activities under this Act, and the effectiveness of
such programs and activities.
(d) Evaluation of HHS Proposals.--Not later than 90 days after the
Secretary proposes standards under section 3 or rules or guidance for
implementing the grant program under section 5, and prior to the
Secretary finalizing such standards, rules, and guidance, respectively,
the Advisory Board shall evaluate--
(1) whether the training to be funded pursuant to section 5
can be applied practically in everyday scenarios that have the
potential for violence that are regularly faced by law
enforcement officers, educators, public transit operators
including bus drivers, health care and wellness professionals,
youth, faith leaders, and other categories of persons for whom
such training could help to reduce tensions and avoid conflict;
(2) whether the principles of such training can effectively
work with other types of professional training such as mental
health training that employs evidence-based de-escalation
techniques;
(3) the extent to which the proposed standards under
section 3 adequately address and effectively take into
consideration the role of implicit bias, cultural competency,
and the intersection of race and policing;
(4) whether the standards and guidance under sections 3 and
section 5 effectively promote alternatives to the use of lethal
and nonlethal force;
(5) the extent to which Federal training standards and
guidelines promote or support de-escalation techniques to help
effectively, safely, and respectfully interact with people with
disabilities and behavioral health issues;
(6) whether the proposed standards under section 3
adequately address the need for training in interpersonal
communication on de-escalation for those working with at-risk
youth, including methods that use time, tone, distance, cover,
and concealment to avoid escalation situations;
(7) the time required to properly conduct the training to
be funded under section 5 and the methods for delivering such
training (either online or in person); and
(8) whether the proposed requirements and standards under
section 3 reflect the latest evidence-based de-escalation
practices and techniques.
(e) Limitation.--The Secretary--
(1) shall not finalize any standard under section 3 or rule
or guidance for implementing the grant program under section 5
before the date that is 30 days after the Secretary receives
the recommendations of the Advisory Board on the respective
standard, rule, or guidance; and
(2) shall respond to the Advisory Board in writing on each
recommendation of the Advisory Board that the Department of
Health and Human Resources will not implement and include a
detailed explanation of the reasons therefor.
(f) Consultation.--In carrying out this section, the Advisory Board
shall--
(1) consult with any appropriate Federal departments and
agencies; and
(2) solicit opinions and recommendations from the public
and persons with relevant expertise.
(g) Technical Assistance.--On request of the Advisory Board, the
head of a Federal department or agency may provide technical assistance
to the Advisory Board, but no Federal employee may be detailed to the
Advisory Board.
(h) Pay and Reimbursement.--Members of the Advisory Board may not
receive pay, allowances, or benefits by reason of their service on the
Advisory Board, but members of the Advisory Board shall receive travel
expenses, including per diem in lieu of subsistence under subchapter I
of chapter 57 of title 5, United States Code.
(i) Federal Advisory Committee Act.--The Advisory Board is deemed
to have filed a charter for the purpose of section 9(c) of the Federal
Advisory Committee Act (5 U.S.C. App.). Notwithstanding section 14 of
the Federal Advisory Committee Act, the Advisory Board shall continue
in effect until terminated by an Act of Congress.
(j) Meetings.--The Advisory Board shall meet on a regular basis and
no less than twice a year to carry out the duties of the Advisory Board
under this section.
(k) Funding.--Out of the amounts made available to the Secretary
each fiscal year for general departmental management, not more than
$500,000 are authorized to be used by the Advisory Board to carry out
this section.
SEC. 5. DE-ESCALATION GRANTS.
(a) Grants.--
(1) Training grants.--The Secretary shall award grants to
eligible entities to provide training, in accordance with the
standards issued under section 3, on de-escalation of violence
to enhance community safety.
(2) Community outreach, evaluation, and social media
grants.--The Secretary shall award grants to eligible entities
to support--
(A) the dissemination to targeted populations of
information about de-escalation training provided
through grants under paragraph (1) to encourage such
populations to participate in the training;
(B) the development of social media and online
training tools to educate the larger public about the
methods and goals of such de-escalation training; and
(C) the conduct of evaluations of the impact and
effectiveness of such de-escalation training, include
consideration of community stakeholders and those who
have received such training.
(b) Training Described.--Training provided through a grant under
subsection (a)(1)--
(1) shall include training on--
(A) techniques to de-escalate situations to avoid
violence;
(B) understanding implicit bias and how it
contributes to violence;
(C) understanding how to promote racial
reconciliation in communities affected by racial
division that leads to violence and conflict;
(D) verbal and physical tactics to minimize the
need for the use of force, with an emphasis on
communication, negotiation, and techniques that help to
provide the time needed to resolve the incident safely
for everyone;
(E) awareness and recognition of mental health and
substance abuse issues and crisis intervention
strategies to appropriately identify and respond to
individuals suffering from mental health or substance
abuse issues, with an emphasis on de-escalation tactics
and promoting effective communication with such
individuals;
(F) the critical decision making model and other
evidence-based approaches that are found by the
Secretary to be appropriate to enhance de-escalation
skills and tactics;
(G) techniques that can be used by a wide range of
audiences, including those with disabilities and or
behavioral health issues; and
(H) first aid, including mental health first aid
techniques and training to identify, understand, and
respond to signs of mental illnesses and substance use
disorders;
(2) shall include scenario-based training that applies
evidence-based de-escalation techniques to practical on-the-job
scenarios that are regularly faced by law enforcement officers,
educators, public transit operators including bus drivers,
health care and wellness professionals in emergency rooms,
youth in neighborhoods, faith leaders at faith institutions,
and other situations that regularly encounter potentially
violent situations;
(3) shall appropriately incorporate cultural competency to
reach a range of audiences;
(4) may consist of--
(A) initial training; or
(B) subsequent or periodic training to renew,
reinforce, and update knowledge and skills, including
updates on new legal requirements and new de-escalation
techniques and strategies; and
(5) shall emphasize training for law enforcement officials,
teachers and educators, school administrators, school service
employees, public transit operators including bus drivers,
citizens returning from prison, faith leaders, recreational
professionals (such as recreation facility staff and youth
sport coaches), health care and wellness professionals, youth,
staff of nonprofit organizations dedicated to violence
prevention, security guards, ex-gang members, and performing
artists.
(c) Eligible Entities.--To be eligible to receive a grant under
subsection (a)(1), an entity shall be a State or local government,
nonprofit organization, faith institutions, institutions of higher
education including community colleges, other schools, professional
teacher associations, and small businesses (including minority- and
women-owned small businesses).
(d) Preference.--In selecting among nonprofit organizations
applying for a grant under subsection (a)(1), subject to subsection
(e), the Secretary shall give preference to those organizations that--
(1) interact with youth, including at-risk youth;
(2) have a sound track record of de-escalation work in a
local community; or
(3) employ individuals who reside in the geographic area to
be served under the grant or which offices or facilities in
that area.
(e) Equity in Distribution.--
(1) In general.--In any fiscal year in which insufficient
funds are appropriated to fund a grant under subsection (a)(1)
for an eligible entity in each State, the Secretary shall limit
the award of grants under subsection (a)(1) to eligible
entities in States for which no eligible entity received funds
through a grant under subsection (a)(1) for the prior fiscal
year.
(2) Tribal organizations.--In applying paragraph (1), the
Secretary shall not--
(A) consider any grant recipient that is a tribal
organization in determining whether grant funds were
made available to an eligible entity in any State for
the prior fiscal year; or
(B) limit the award of grants to tribal
organizations pursuant to the reservation of funds for
grants to tribal organizations under subsection (g)(1).
(f) Duration of Grants.--The period of a grant under this section
may not exceed 3 years.
(g) Authorization of Appropriations.--
(1) Training grants.--For grants under subsection (a)(1),
there is authorized to be appropriated $100,000,000 for each of
fiscal years 2022 through 2027, of which $10,000,000 for each
of such fiscal years shall be for grants under subsection
(a)(1) to tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act).
(2) Community evaluation, and social media grants.--For
grants under subsection (a)(2), there is authorized to be
appropriated $10,000,000 for each of fiscal years 2022 through
2027.
SEC. 6. REAUTHORIZATION OF MENTAL HEALTH FIRST AID TRAINING GRANTS.
Section 520J(b) of the Public Health Service Act (42 U.S.C. 290bb-
41(b)) is amended--
(1) in the header, by striking ``Mental Health Awareness
Training Grants'' and inserting ``Mental Health First Aid
Training Grants'';
(2) in paragraph (1)--
(A) by inserting ``(including training on how to
safely de-escalate crisis situations involving such
individuals)'' after ``disorders''; and
(B) by inserting ``(including training on how to
safely de-escalate crisis situations involving such
individuals)'' after ``to identify and appropriately
respond to persons with a mental illness'';
(3) in paragraph (5)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; or'';
(C) by adding at the end the following:
``(iii) crisis intervention training programs'';
and
(4) in paragraph (7), by striking ``$14,693,000 for each of
fiscal years 2018 through 2022'' and inserting ``$21,900,000
for each of fiscal years 2022 through 2027''.
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