[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4003 Enrolled Bill (ENR)]
S.4003
One Hundred Seventeenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty two
An Act
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide for training on alternatives to use of force, de-escalation, and
mental and behavioral health and suicidal crises.
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 ``Law Enforcement De-Escalation
Training Act of 2022''.
SEC. 2. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND
MENTAL AND BEHAVIORAL HEALTH CRISES.
(a) Definitions.--Section 901(a) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) in paragraph (28), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(29) the term `de-escalation' means taking action or
communicating verbally or non-verbally during a potential force
encounter in an attempt to stabilize the situation and reduce the
immediacy of the threat so that more time, options, and resources
can be called upon to resolve the situation without the use of
force or with a reduction in the force necessary;
``(30) the term `mental or behavioral health or suicidal
crisis'--
``(A) means a situation in which the behavior of a person--
``(i) puts the person at risk of hurting himself or
herself or others; or
``(ii) impairs or prevents the person from being able
to care for himself or herself or function effectively in
the community; and
``(B) includes a situation in which a person--
``(i) is under the influence of a drug or alcohol, is
suicidal, or experiences symptoms of a mental illness; or
``(ii) may exhibit symptoms, including emotional
reactions (such as fear or anger), psychological
impairments (such as inability to focus, confusion, or
psychosis), and behavioral reactions (such as the trigger
of a freeze, fight, or flight response);
``(31) the term `disability' has the meaning given that term in
section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102);
``(32) the term `crisis intervention team' means a
collaborative, interdisciplinary team that brings together
specially trained law enforcement officers, mental health
providers, and other community stakeholders to respond to mental
health-related calls, use appropriate de-escalation techniques, and
assess if referral to services or transport for mental health
evaluation is appropriate; and
``(33) the term `covered mental health professional' means a
mental health professional working on a crisis intervention team--
``(A) as an employee of a law enforcement agency; or
``(B) under a legal agreement with a law enforcement
agency.''.
(b) COPS Program.--Section 1701 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by
adding at the end the following:
``(n) Training in Alternatives to Use of Force, De-Escalation
Techniques, and Mental and Behavioral Health Crises.--
``(1) Training curricula.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
develop training curricula or identify effective existing
training curricula for law enforcement officers and for covered
mental health professionals regarding--
``(i) de-escalation tactics and alternatives to use of
force;
``(ii) safely responding to an individual experiencing
a mental or behavioral health or suicidal crisis or an
individual with a disability, including techniques and
strategies that are designed to protect the safety of that
individual, law enforcement officers, mental health
professionals, and the public;
``(iii) successfully participating on a crisis
intervention team; and
``(iv) making referrals to community-based mental and
behavioral health services and support, housing assistance
programs, public benefits programs, the National Suicide
Prevention Lifeline, and other services.
``(B) Requirements.--The training curricula developed or
identified under this paragraph shall include--
``(i) scenario-based exercises;
``(ii) pre-training and post-training tests to assess
relevant knowledge and skills covered in the training
curricula; and
``(iii) follow-up evaluative assessments to determine
the degree to which participants in the training apply, in
their jobs, the knowledge and skills gained in the
training.
``(C) Consultation.--The Attorney General shall develop and
identify training curricula under this paragraph in
consultation with relevant law enforcement agencies of States
and units of local government, associations that represent
individuals with mental or behavioral health diagnoses or
individuals with disabilities, labor organizations,
professional law enforcement organizations, local law
enforcement labor and representative organizations, law
enforcement trade associations, mental health and suicide
prevention organizations, family advocacy organizations, and
civil rights and civil liberties groups.
``(2) Certified programs and courses.--
``(A) In general.--Not later than 180 days after the date
on which training curricula are developed or identified under
paragraph (1)(A), the Attorney General shall establish a
process to--
``(i) certify training programs and courses offered by
public and private entities to law enforcement officers or
covered mental health professionals using 1 or more of the
training curricula developed or identified under paragraph
(1), or equivalents to such training curricula, which may
include certifying a training program or course that an
entity began offering on or before the date on which the
Attorney General establishes the process; and
``(ii) terminate the certification of a training
program or course if the program or course fails to
continue to meet the standards under the training curricula
developed or identified under paragraph (1).
``(B) Partnerships with mental health organizations and
educational institutions.--Not later than 180 days after the
date on which training curricula are developed or identified
under paragraph (1)(A), the Attorney General shall develop
criteria to ensure that public and private entities that offer
training programs or courses that are certified under
subparagraph (A) collaborate with local mental health
organizations to--
``(i) enhance the training experience of law
enforcement officers through consultation with and the
participation of individuals with mental or behavioral
health diagnoses or disabilities, particularly such
individuals who have interacted with law enforcement
officers; and
``(ii) strengthen relationships between health care
services and law enforcement agencies.
``(3) Transitional regional training programs for state and
local agency personnel.--
``(A) In general.--During the period beginning on the date
on which the Attorney General establishes the process required
under paragraph (2)(A) and ending on the date that is 18 months
after that date, the Attorney General shall, and thereafter the
Attorney General may, provide, in collaboration with law
enforcement training academies of States and units of local
government as appropriate, regional training to equip personnel
from law enforcement agencies of States and units of local
government in a State to offer training programs or courses
certified under paragraph (2)(A).
``(B) Continuing education.--The Attorney General shall
develop and implement continuing education requirements for
personnel from law enforcement agencies of States and units of
local government who receive training to offer training
programs or courses under subparagraph (A).
``(4) List.--Not later than 1 year after the Attorney General
completes the activities described in paragraphs (1) and (2), the
Attorney General shall publish a list of law enforcement agencies
of States and units of local government employing law enforcement
officers or using covered mental health professionals who have
successfully completed a course using 1 or more of the training
curricula developed or identified under paragraph (1), or
equivalents to such training curricula, which shall include--
``(A) the total number of law enforcement officers that are
employed by the agency;
``(B) the number of such law enforcement officers who have
completed such a course;
``(C) whether personnel from the law enforcement agency
have been trained to offer training programs or courses under
paragraph (3);
``(D) the total number of covered mental health
professionals who work with the agency; and
``(E) the number of such covered mental health
professionals who have completed such a course.
``(5) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection--
``(A) $3,000,000 for fiscal year 2023;
``(B) $20,000,000 for fiscal year 2024;
``(C) $10,000,000 for fiscal year 2025; and
``(D) $1,000,000 for fiscal year 2026.''.
(c) Byrne JAG Program.--Subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et
seq.) is amended--
(1) by redesignating section 508 as section 509; and
(2) by inserting after section 507 the following:
``SEC. 508. 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 developed or identified under section 1701(n)(1), or
equivalents to such training curricula--
``(1) that is provided by the Attorney General under section
1701(n)(3); or
``(2) that is--
``(A) provided by a public or private entity, including the
personnel of a law enforcement agency or law enforcement
training academy of a State or unit of local government who
have been trained to offer training programs or courses under
section 1701(n)(3); and
``(B) certified by the Attorney General under section
1701(n)(2).
``(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 1701(n), the Attorney General shall, from amounts made
available to fund training programs pursuant to subsection (h),
make grants to States for use by the State or a unit of government
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 training program or course that provides
continuing education; and
``(ii) attendance by law enforcement officers or
covered mental health professionals 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 certified training program or
course that provides continuing education on 1 or more of the
topics described in section 1701(n)(1)(A);
``(C) in the case of a law enforcement agency of a unit of
local government that employs 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
certified 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 mechanisms to comply
with the reporting requirements 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 participation in
the voluntary National Use-of-Force Data Collection of the
Federal Bureau 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 already reporting to the National Use-of-Force Data
Collection.
``(2) Requirements for use for continuing education.--
``(A) Definition.--In this paragraph, the term `covered
topic' means a topic covered under the curricula developed or
identified under clause (i), (ii), or (iv) of section
1701(n)(1)(A).
``(B) Requirement to provide initial training.--A State or
unit of local government shall ensure that all officers who
have been employed with the State or unit of local government
for at least 2 years have received training as part of a
certified training program or course on all covered topics
before the State or unit of local government uses amounts
received under a grant under paragraph (1) for continuing
education with respect 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 received under
a grant under paragraph (1) for continuing education with
respect to a covered topic until the date that is 2 years
after the date of enactment of the Law Enforcement De-
Escalation Training Act of 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 the date of enactment
of the Law Enforcement De-Escalation Training Act of 2022
if the State or unit of local government 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 receives
funds under this section shall establish and maintain relationships
between law enforcement officers and local mental health
organizations 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 enforcement 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 purposes 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 subparagraph (A)--
``(i) to facilitate offering a certified training
program or course or, subject to subsection (b)(2), a
certified training program or course that provide
continuing education in 1 or more of the topics described
in section 1701(n)(1)(A) to law enforcement officers
employed by the unit of local government; or
``(ii) for the costs of training local law enforcement
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, associations that represent individuals with
mental or behavioral health diagnoses or individuals with
disabilities, labor organizations, professional law enforcement
organizations, local law enforcement labor and representative
organizations, law enforcement trade associations, mental
health and suicide prevention organizations, family advocacy
organizations, and civil rights and civil liberties groups,
shall develop criteria governing the allocation of funds to
units of local government under this paragraph, which shall
ensure that the funds are distributed 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
paragraph (1), the State shall announce the allocations of
funds to units of local government under subparagraph (A). A
State shall submit to the Attorney General a report explaining
any delays in the announcement of allocations under this
subparagraph.
``(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
fiscal year during which the unit of local government receives such
funds and each of the 2 fiscal years thereafter that--
``(A) shall include the number of law enforcement officers
employed by the unit of local government that have completed a
certified training program or course, including a certified
training program or course provided on or before the date on
which the Attorney General begins certifying training programs
and courses under section 1701(n)(2), 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 enforcement officers employed by the
unit of local government that have completed a certified
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 barriers to
providing training on the topics described in section
1701(n)(1)(A);
``(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 specified in section 1701(n)(1); and
``(ii) follow-up evaluative assessments to determine
the degree to which participants in the training apply, in
their jobs, the knowledge and skills gained in the
training; and
``(F) shall include the amount of funds received by the
unit of local government under subsection (c)(3) and a
tentative plan for training all law enforcement officers
employed 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 subsection (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 enforcement officers
employed by the State that have completed a certified
training program or course, including a certified training
program or course provided on or before the date on which
the Attorney General begins certifying training programs or
courses under section 1701(n)(2), 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 described
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 1701(n)(1);
and
``(II) follow-up evaluative assessments to
determine the degree to which participants 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 1701(n)(1)(A); and
``(v) indicating the amount of funding retained 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 the date
of enactment of this section, the Attorney General shall develop a
portal 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
government, associations that represent individuals with mental
or behavioral health diagnoses or individuals with
disabilities, labor organizations, professional law enforcement
organizations, local law enforcement labor and representative
organizations, law enforcement trade associations, mental
health and suicide prevention organizations, family advocacy
organizations, and civil rights and civil liberties groups,
shall establish--
``(i) reporting requirements on interactions in which
de-escalation tactics and other techniques in curricula
developed or identified under section 1701(n)(1) are used
by each law enforcement agency that receives funding under
this section; and
``(ii) mechanisms for each law enforcement agency to
submit such reports to the Department of Justice.
``(B) Reporting requirements.--The requirements developed
under subparagraph (A) shall--
``(i) specify--
``(I) the circumstances under which an interaction
shall be reported, considering--
``(aa) the cost of collecting and reporting 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 eliminated
the risk of serious physical injury to
officers, subjects, and third parties; and
``(II) the demographic and other relevant
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 the date of enactment of this section, and every 2
years thereafter, the Attorney General, in consultation with
the entities 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
section 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 construed 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 government has complied with the
reporting requirements.
``(e) Attorney General Reports.--
``(1) Implementation report.--Not later than 2 years after the
date of enactment of this section, 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 include,
at a minimum, information on--
``(A) the number, amounts, and recipients of awards the
Attorney General has made or intends 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 topics described in section 1701(n)(1)(A) 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
subsection (d).
``(3) Privacy protections.--A report under paragraph (1) shall
not disclose the identities of individual law enforcement 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 section, 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
locations, which shall include--
``(A) a process evaluation of training implementation,
which shall include an analysis of the share of officers who
participated in the training, the degree to which the training
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 impact of the training on
interactions between law enforcement officers and the public,
any factors that prevent or preclude law enforcement officers
from successfully de-escalating 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 portal.--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 disclose the identities of individual law enforcement 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
appropriated 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 section, 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 identifying curricula
under section 1701(n)(1), including the effectiveness of the
consultation by the Attorney General with the agencies,
associations, and organizations identified under section
1701(n)(1)(C);
``(B) the certification of training programs and courses
under section 1701(n)(2), including the development of the
process for certification and its implementation;
``(C) the training of law enforcement personnel under
section 1701(n)(3), including the geographic distribution of
the agencies that employ the personnel receiving the training
and the sizes of those agencies;
``(D) the allocation of funds under subsection (c),
including the geographic distribution 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 appropriated 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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.