[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4003 Reported in Senate (RS)]
<DOC>
Calendar No. 422
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, Ms. Klobuchar, Mr.
Tillis, Mrs. Feinstein, Mr. Cramer, Mr. Blumenthal, Mr. Blunt, Ms.
Cortez Masto, Mr. Leahy, Mr. Durbin, Mr. Cruz, Mr. Ossoff, Mrs.
Blackburn, and Ms. Collins) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
June 14, 2022
Reported by Mr. Durbin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Law Enforcement De-
Escalation Training Act of 2022''.</DELETED>
<DELETED>SEC. 2. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-
ESCALATION, AND MENTAL AND BEHAVIORAL HEALTH
CRISES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraph (27), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (28), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(30) the term `mental or behavioral health or
suicidal crisis'--</DELETED>
<DELETED> ``(A) means a situation in which the
behavior of a person--</DELETED>
<DELETED> ``(i) puts the person at risk of
hurting himself or herself or others;
or</DELETED>
<DELETED> ``(ii) impairs or prevents the
person from being able to care for himself or
herself or function effectively in the
community; and</DELETED>
<DELETED> ``(B) includes a situation in which a
person--</DELETED>
<DELETED> ``(i) is under the influence of a
drug or alcohol, is suicidal, or experiences
symptoms of a mental illness; or</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(33) the term `covered mental health
professional' means a mental health professional working on a
crisis intervention team--</DELETED>
<DELETED> ``(A) as an employee of a law enforcement
agency; or</DELETED>
<DELETED> ``(B) under a legal agreement with a law
enforcement agency.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(n) Training in Alternatives to Use of Force, De-
Escalation Techniques, and Mental and Behavioral Health Crises.--
</DELETED>
<DELETED> ``(1) Training curricula.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) alternatives to use of force
and de-escalation tactics;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) successfully participating
on a crisis intervention team; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Requirements.--The training
curricula developed or identified under this paragraph
shall include--</DELETED>
<DELETED> ``(i) scenario-based
exercises;</DELETED>
<DELETED> ``(ii) pre-training and post-
training tests to assess relevant knowledge and
skills covered in the training curricula;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Certified programs.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date of enactment of this subsection, the
Attorney General shall establish a process to--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) strengthen relationships
between health care services and law
enforcement agencies.</DELETED>
<DELETED> ``(3) Transitional regional training programs for
state and local agency personnel.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the total number of law enforcement
officers that are employed by the agency;</DELETED>
<DELETED> ``(B) the number of such law enforcement
officers who have completed such a course;</DELETED>
<DELETED> ``(C) whether personnel from the law
enforcement agency have been certified under paragraph
(3) to conduct the training;</DELETED>
<DELETED> ``(D) the total number of covered mental
health professionals who work with the agency;
and</DELETED>
<DELETED> ``(E) the number of such covered mental
health professionals who have completed such a
course.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating section 508 as section 509;
and</DELETED>
<DELETED> (2) by inserting after section 507 the
following:</DELETED>
<DELETED>``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) provided by the Attorney General
under section 1701(n)(3); or</DELETED>
<DELETED> ``(B) provided by a certified entity;
and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(b) Authority.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(A) pay for--</DELETED>
<DELETED> ``(i) costs associated with
conducting the training or, subject to
paragraph (2), continuing education;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Requirements for use for continuing
education.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Start date of availability of
funding.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Allocation of Funds.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the total number of law enforcement
officers employed by the State; to</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Provision of funds for training for local
law enforcement officers.--</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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)--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Reporting.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(B) the total number of law enforcement
officers employed by the unit of local
government;</DELETED>
<DELETED> ``(C) a description of any barriers to
providing training on the topics described in section
1701(n)(1)(A);</DELETED>
<DELETED> ``(D) information gathered through--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) States.--A State receiving funds under this
section shall submit to the Attorney General--</DELETED>
<DELETED> ``(A) any report the State receives from a
unit of local government under paragraph (1);
and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(ii) indicating the total number
of law enforcement officers employed by the
State;</DELETED>
<DELETED> ``(iii) providing information
gathered through--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iv) discussing any barriers to
providing training on the topics described in
section 1701(n)(1)(A); and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(4) Reports on the use of de-escalation tactics
and other techniques.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) mechanisms for each law
enforcement agency to submit such reports to
the Department of Justice.</DELETED>
<DELETED> ``(B) Reporting requirements.--The
requirements developed under subparagraph (A) shall--
</DELETED>
<DELETED> ``(i) specify--</DELETED>
<DELETED> ``(I) the circumstances
under which an interaction shall be
reported, considering--</DELETED>
<DELETED> ``(aa) the cost of
collecting and reporting the
information; and</DELETED>
<DELETED> ``(bb) the value
of that information for
determining whether--</DELETED>
<DELETED> ``(AA) the
objectives of the
training have been met;
and</DELETED>
<DELETED> ``(BB) the
training reduced or
eliminated the risk of
serious physical injury
to officers, subjects,
and third parties;
and</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) require such reporting be
done in a manner that--</DELETED>
<DELETED> ``(I) is in compliance
with all applicable Federal and State
confidentiality laws; and</DELETED>
<DELETED> ``(II) does not disclose
the identities of law enforcement
officers, subjects, or third
parties.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(5) Failure to report.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Attorney General Reports.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Contents.--Each report under paragraph (1)
shall include, at a minimum, information on--</DELETED>
<DELETED> ``(A) the number, amounts, and recipients
of awards the Attorney General has made or intends to
make using funds authorized under this
section;</DELETED>
<DELETED> ``(B) the selection criteria the Attorney
General has used or intends to use to select recipients
of awards using funds authorized under this
section;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) the nature, frequency, and amount of
information that the Attorney General has collected or
intends to collect under subsection (d).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(f) National Institute of Justice Study.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(g) GAO Report.--</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(B) the certification of programs under
section 1701(n)(2), including the development of the
process for certification and its
implementation;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.''.</DELETED>
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; 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 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.''.
Calendar No. 422
117th CONGRESS
2d Session
S. 4003
_______________________________________________________________________
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.
_______________________________________________________________________
June 14, 2022
Reported with an amendment