[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5221 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5221

To require that States and localities receiving grants under the Edward 
Byrne Memorial Justice Assistance Grant Program require law enforcement 
  officers to undergo training on and thereafter employ de-escalation 
techniques to assist in reducing the need for the use of force by such 
                   officers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2016

  Ms. Moore introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require that States and localities receiving grants under the Edward 
Byrne Memorial Justice Assistance Grant Program require law enforcement 
  officers to undergo training on and thereafter employ de-escalation 
techniques to assist in reducing the need for the use of force by such 
                   officers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Tragedies Between Police 
and Communities Act of 2016''.

SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.

    (a) Training Requirement.--For each fiscal year after the 
expiration of the period specified in subsection (d) in which a State 
or unit of local government receives a grant under part E of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 
et seq.), the State or unit of local government shall require that all 
individuals enrolled in an academy of a law enforcement agency of the 
State or unit of local government and all law enforcement officers of 
the State or unit of local government fulfill a training session on de-
escalation techniques each fiscal year, including--
            (1) the use of alternative non-lethal methods of applying 
        force and techniques that prevent the officer from escalating 
        any situation where force is likely to be used;
            (2) verbal and physical tactics to minimize the need for 
        the use of force, with an emphasis on communication, 
        negotiation, de-escalation techniques, providing the time 
        needed to resolve the incident safely for everyone;
            (3) the use of the lowest level of force that is a possible 
        and safe response to an identified threat, then re-evaluating 
        the threat as it progresses;
            (4) techniques that provide all officers with awareness and 
        recognition of mental health and substance abuse issues with an 
        emphasis on communication strategies, training officers 
        simultaneously in teams on de-escalation and use of force to 
        improve group dynamics and diminish excessive use of force 
        during critical incidents;
            (5) principles of using distance, cover, and time when 
        approaching and managing critical incidents, and elimination of 
        the use of concepts like the ``21-foot rule'' and ``drawing a 
        line in the sand'' in favor of using distance and cover to 
        create a ``reaction gap'';
            (6) crisis intervention strategies to appropriately 
        identify and respond to individuals suffering from mental 
        health or substance abuse issues, with an emphasis on de-
        escalation tactics and promoting effective communication; and
            (7) other evidence-based approaches, found to be 
        appropriate by the Attorney General, that enhance de-escalation 
        skills and tactics, such as the Critical Decision-Making Model 
        and scenario based trainings.
In the case of individuals attending an academy, such training session 
shall be for such an appropriate amount of time as to ensure academy 
participants receive effective training under this subsection and in 
the case of all other law enforcement officers, the training session 
shall be for an appropriate amount of time as to ensure officers 
receive effective training under this subsection. The State or unit of 
local government shall certify to the Attorney General of the United 
States that such training sessions have been completed.
    (b) Scenario-Based Training.--Training described in subsection (a) 
shall be conducted with an emphasis on training that employs theories 
of de-escalation techniques and applies them to practical on-the-job 
scenarios that regularly face law enforcement officers.
    (c) Cross-Training.--To the extent practicable, principles of 
training as described in subsection (a) shall be applied to other 
training conducted at the academy.
    (d) Compliance and Ineligibility.--
            (1) Compliance date.--Beginning not later than 1 year after 
        the date of this Act, each State or unit of local government 
        receiving a grant shall comply with subsection (a), except that 
        the Attorney General may grant an additional 6 months to a 
        State or unit of local government that is making good faith 
        efforts to comply with such subsection.
            (2) Ineligibility for funds.--For any fiscal year after the 
        expiration of the period specified in paragraph (1), a State or 
        unit of local government that fails to comply with subsection 
        (a), shall, at the discretion of the Attorney General, be 
        subject to not more than a 20-percent reduction of the funds 
        that would otherwise be allocated for that fiscal year to the 
        State or unit of local government under subpart 1 of part E of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3750 et seq.), whether characterized as the 
        Edward Byrne Memorial State and Local Law Enforcement 
        Assistance Programs, the Local Government Law Enforcement Block 
        Grants Program, the Edward Byrne Memorial Justice Assistance 
        Grant Program, or otherwise.
    (e) Reallocation.--Amounts not allocated under a program referred 
to in subsection (b)(2) to a State or unit of local government for 
failure to fully comply with subsection (a) shall be reallocated under 
that program to States and units of local government that have not 
failed to comply with such subsection.
    (f) Evidence-Based Practices.--For purposes of subsection (a)(4), 
the Attorney General shall maintain a list of evidence-based practices 
it determines is successful in enhancing de-escalation skills of law 
enforcement officers. The Attorney General shall regularly update this 
list as needed and shall publish the list to the public on a yearly 
basis.

SEC. 3. DATA COLLECTION.

    The Attorney General shall collect data on efforts undertaken by 
Federal fund recipients to enhance de-escalation training for law 
enforcement officers.

SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE.

    (a) In General.--In the case of a State or unit of local government 
that received a grant award under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
seq.), if that State or unit of local government fails by the end of a 
fiscal year to enact or have in effect laws, policies, or procedures 
that sets forth an affirmative duty on a law enforcement officer of 
that State or unit of local government, whenever possible, to employ 
de-escalation techniques in which the officer has received training 
required under section 2(a), the Attorney General shall reduce the 
amount that would otherwise be awarded to that State or unit of local 
government under such grant program in the following fiscal year by 15 
percent.
    (b) Reallocation.--Amounts not allocated under a program referred 
to in subsection (a) to a State or unit of local government for failure 
to be in compliance with this section shall be reallocated under that 
program to States and units of local government that are in compliance 
with this section.

SEC. 5. ATTORNEY GENERAL GUIDANCE.

    Not later than 180 days after the date of enactment of this Act, 
the Attorney General shall issue guidance, for the benefit of States 
and units of local government, on compliance with the requirements of 
this Act.
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