[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3060 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 3060
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
June 26, 2017
Ms. Moore (for herself, Mr. Clyburn, Ms. Eddie Bernice Johnson of
Texas, Ms. Jackson Lee, Ms. Sewell of Alabama, Mr. Lewis of Georgia,
Mr. Thompson of Mississippi, Mr. Johnson of Georgia, Mr. Richmond, Mr.
Beyer, Mr. Bishop of Georgia, Ms. Castor of Florida, Mr. Cummings, Mr.
Grijalva, Ms. Norton, Mr. McNerney, Mr. Meeks, Mr. Takano, Mr. Evans,
Ms. Jayapal, Mr. Raskin, Ms. Kelly of Illinois, Mr. Hastings, and Mrs.
Watson Coleman) 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 2017''.
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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