[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4003 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4003
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5, 2022
Mr. Cornyn (for himself, Mr. Whitehouse, Mr. Cassidy, Ms. Hassan, Mr.
Scott of South Carolina, Mr. Coons, Mrs. Capito, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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 and identify
effective existing training curricula for law
enforcement officers and for covered mental health
professionals regarding--
``(i) alternatives to use of force and de-
escalation tactics;
``(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
liberties groups.
``(2) Certified programs.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Attorney
General shall establish a process to--
``(i) certify public and private entities
that offer courses 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 an entity that was providing such a
course on or before the date on which the
Attorney General establishes the process; and
``(ii) terminate the certification of an
entity if the courses offered by the entity
fail 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 of enactment of this subsection, the
Attorney General shall develop criteria to ensure that
public and private entities 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.--Until the date that is 2 years
after the date on which the Attorney General develops
and identifies training curricula under paragraph (1),
the Attorney General shall, and thereafter may,
provide, in collaboration with law enforcement training
academies of States and units of local government as
appropriate, regional training to equip and certify
personnel from law enforcement agencies of States and
units of local government in a State to conduct
training using 1 or more of the training curricula
developed or identified under paragraph (1), or
equivalents to such training curricula.
``(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
certified 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 certified under paragraph (3) to
conduct the training;
``(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 $20,000,000 for
each of fiscal years 2022 through 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) Definitions.--In this section--
``(1) the term `approved training course' means a course
using 1 or more of the training curricula developed or
identified under section 1701(n)(1) or equivalents to such
training curricula--
``(A) provided by the Attorney General under
section 1701(n)(3); or
``(B) provided by a certified entity; and
``(2) the term `certified entity' means a public or private
entity that has been certified by the Attorney General under
section 1701(n)(2), which may include a law enforcement agency
or law enforcement training academy of a State or unit of local
government the personnel of which have been certified to
conduct training pursuant to section 1701(n)(3).
``(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 (g), 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 the
training or, subject to paragraph (2),
continuing education; and
``(ii) attendance by law enforcement
officers or covered mental health professionals
at an approved training course, including a
course provided by a law enforcement training
academy of a State or unit of local government;
``(B) procure training or, subject to paragraph
(2), continuing education on 1 or more of the topics
described in section 1701(n)(1)(A) from a certified
entity;
``(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 an approved training
course for which the costs associated with conducting
the approved training course are paid using amounts
provided under this section; and
``(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.
``(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 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 training or, subject to
subsection (b)(2), continuing education in the
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 and
certifying local law enforcement officers,
including through law enforcement training
academies of States and units of local
government, to conduct training under section
1701(n)(3).
``(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
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 training program described in subsection (b) 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 shall include--
``(A) the number of law enforcement officers
employed by the unit of local government that have
completed an approved training course, including an
approved training course provided on or before the date
on which the Attorney General begins certifying
entities 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 unit of local government, an approved
training course using funds provided from a source
other than the grants described under subsection (b);
``(B) the total number of law enforcement officers
employed by the unit of local government;
``(C) a description of any barriers to providing
training on the topics described in section
1701(n)(1)(A);
``(D) 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
``(E) 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 an approved training course,
including an approved training course provided
on or before the date on which the Attorney
General begins certifying entities 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, an approved training
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
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 biographical 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
section 1701(n).
``(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 the training under section 1701(n) 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
section 1701(n).
``(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 programs 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 $70,000,000 for each of fiscal
years 2022 through 2026.''.
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