[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7142 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 7142

To help train individuals in effective and evidence-based de-escalation 
techniques to ensure that individuals at diverse levels of society have 
   and retain greater skills to resolve conflicts, manage anger, and 
 control implicit bias without the use of physical or other force, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2018

 Ms. Moore (for herself, Mr. Carson of Indiana, Mr. Cohen, Mrs. Watson 
   Coleman, Ms. Jayapal, Ms. Jackson Lee, Ms. Norton, Ms. Wilson of 
Florida, Mr. Khanna, Mr. Johnson of Georgia, and Ms. Fudge) introduced 
 the following bill; which was referred to the Committee on Education 
                           and the Workforce

_______________________________________________________________________

                                 A BILL


 
To help train individuals in effective and evidence-based de-escalation 
techniques to ensure that individuals at diverse levels of society have 
   and retain greater skills to resolve conflicts, manage anger, and 
 control implicit bias without the use of physical or other force, 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 ``National De-Escalation of Violence 
and Community Safety Training Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Advisory Board'' means the De-Escalation 
        Advisory Board established pursuant to section 4.
            (2) The term ``at-risk youth'' means any individual who--
                    (A)(i) has attained age 16 but not age 25;
                    (ii) has not regularly attended any secondary, 
                technical, or postsecondary school during the preceding 
                6-month period;
                    (iii) has not been regularly employed during the 
                preceding 6-month period; and
                    (iv) is not readily employable by reason of lacking 
                a sufficient number of basic skills; or
                    (B) has attained age 16 but not age 21 and was in 
                foster care.
            (3) The term ``de-escalation'' means reduction of the 
        intensity of a conflict or potentially violent situation.
            (4) The term ``implicit bias'' means the attitudes or 
        stereotypes that affect an individual's understanding, actions, 
        and decisions in an unconscious manner.
            (5) The term ``racial reconciliation'' means a process of 
        reconciliation that--
                    (A) recognizes that racism is both systemic and 
                institutionalized with far-reaching effects on both 
                political engagement and economic opportunities for 
                minorities;
                    (B) empowers local communities through 
                relationship-building and truth-telling; and
                    (C) emphasizes restorative justice as an essential 
                component.
            (6) The term ``Secretary'' means the Secretary of Health 
        and Human Services acting through Assistant Secretary for 
        Mental Health and Substance Use.

SEC. 3. DE-ESCALATION TRAINING STANDARDS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary shall develop and issue training standards 
for the de-escalation training to be funded pursuant to section 5.
    (b) Contents.--The standards under subsection (a) shall, at a 
minimum, outline the types of de-escalation training that--
            (1) have been determined by the Secretary to be effective; 
        and
            (2) are eligible to be funded pursuant to section 5.
    (c) Process.--
            (1) Seeking input.--
                    (A) In general.--In developing and issuing 
                standards under this section and any related 
                regulations or guidance, the Secretary shall seek input 
                from community stakeholders, health care and wellness 
                professionals, law enforcement agencies, Tribes, and 
                nonprofit organizations involved in de-escalation at 
                the local level, and others knowledgeable about the 
                need for and importance of de-escalation, including 
                through holding public meetings throughout the Nation 
                and through other media, including webinars.
                    (B) Definition.--In this section, the term 
                ``community stakeholders'' includes--
                            (i) members of minority communities, those 
                        with disabilities, persons of color, 
                        immigrants, noncitizens, Native Americans, 
                        youth, and formerly incarcerated persons; and
                            (ii) nonprofit organizations with 
                        longstanding experience, in communities with 
                        high rates of violence, conducting de-
                        escalation and conflict prevention work 
                        targeting the categories of individuals 
                        described in clause (i).
            (2) Negotiated rulemaking.--In developing and issuing 
        standards under this section, the Secretary shall consider the 
        use of negotiated rulemaking.

SEC. 4. ADVISORY BOARD.

    (a) Establishment.--To assist in carrying out this Act, the 
Secretary shall establish an advisory board to be known as the De-
Escalation Advisory Board.
    (b) Composition.--
            (1) In general.--The Advisory Board shall be composed of--
                    (A) up to 25 members appointed by the Secretary in 
                accordance with paragraph (2) (in this subsection 
                referred to as the ``appointed members''), who shall be 
                voting members; and
                    (B) the ex officio members under paragraph (3), who 
                shall be nonvoting members.
            (2) Appointed members.--
                    (A) Selection.--The appointed members of the 
                Advisory Board shall be appointed (or reappointed, as 
                applicable) by the Secretary after soliciting and 
                reviewing nominations for such appointments from 
                nonprofit organizations, individuals, State and local 
                officials, and other stakeholders.
                    (B) Representatives.--The appointed members of the 
                Advisory Board shall include representatives of each 
                the following:
                            (i) Law enforcement.
                            (ii) Tribes.
                            (iii) Health care and wellness 
                        professionals.
                            (iv) State and local public health 
                        agencies.
                            (v) Faith institutions.
                            (vi) Other entities dedicated to 
                        encouraging de-escalation and nonviolence and 
                        resisting implicit bias and racial 
                        reconciliation, with a preference for nonprofit 
                        organizations that demonstrate strong 
                        experience--
                                    (I) addressing these issues at the 
                                local and community level; and
                                    (II) working with the targeted 
                                individuals, especially at-risk youth.
            (3) Ex officio members.--The Advisory Board shall include 
        the following ex officio members:
                    (A) The Secretary of Health and Human Services (or 
                the Secretary's designee).
                    (B) The Secretary of Education (or the Secretary's 
                designee).
                    (C) The Attorney General of the United States (or 
                the Attorney General's designee).
                    (D) The heads of such other Federal departments and 
                agencies as the Secretary determines appropriate (or 
                their designees).
            (4) Terms.--
                    (A) Duration.--The appointed members of the 
                Advisory Board shall each be appointed for a term of 3 
                years.
                    (B) Initial appointments.--Not later than 4 months 
                after the date of enactment of this Act, the Secretary 
                shall appoint all of the initial appointed members of 
                the Advisory Board.
            (5) Officers.--At the first meeting of the Advisory Board, 
        and every other year thereafter, the members of the Advisory 
        Board shall elect from among such members a chairperson and 
        vice chairperson of the Advisory Board. Federal officials are 
        not eligible for election as chairperson or vice chairperson.
    (c) Duties.--The Advisory Board shall--
            (1) make recommendations to the Secretary regarding--
                    (A) the training standards under section 3 as may 
                be beneficial to fulfilling the mission and purposes of 
                the grant program under section 5; and
                    (B) implementation of the grant program under 
                section 5;
            (2) monitor the implementation of such grant program and 
        provide technical assistance and support to grantees under such 
        grant program;
            (3) determine--
                    (A) the extent to which such grantees face 
                challenges to implementing such grant program; and
                    (B) the effectiveness of the Department of Health 
                and Human Services in addressing such challenges;
            (4) continually identify new advances and innovative 
        practices in effective ways to conduct de-escalation training 
        to incorporate such advances and innovative practices into the 
        standards under section 3 and implementation of such grant 
        program; and
            (5) provide--
                    (A) on a biennial basis, reports to the Secretary 
                regarding the Advisory Board's activities and the 
                effectiveness of such grant program; and
                    (B) not later than 2 years after the award of the 
                first grant under section 5, and every 5 years 
                thereafter, a report to the Congress on the Advisory 
                Board's activities, challenges to the programs and 
                activities under this Act, and the effectiveness of 
                such programs and activities.
    (d) Evaluation of HHS Proposals.--Not later than 90 days after the 
Secretary proposes standards under section 3 or rules or guidance for 
implementing the grant program under section 5, and prior to the 
Secretary finalizing such standards, rules, and guidance, respectively, 
the Advisory Board shall evaluate--
            (1) whether the training to be funded pursuant to section 5 
        can be applied practically in everyday scenarios that have the 
        potential for violence that are regularly faced by law 
        enforcement officers, teachers, health care and wellness 
        professionals, youth, faith leaders, and other categories of 
        persons for whom such training could help to reduce tensions 
        and avoid conflict;
            (2) whether the principles of such training can effectively 
        work with other types of professional training such as mental 
        health training that employs evidence-based de-escalation 
        techniques;
            (3) the extent to which the proposed standards under 
        section 3 adequately address and effectively take into 
        consideration the role of implicit bias, cultural competency, 
        and the intersection of race and policing;
            (4) whether the standards and guidance under sections 3 and 
        section 5 effectively promote alternatives to the use of lethal 
        and nonlethal force;
            (5) the extent to which Federal training standards and 
        guidelines promote or support de-escalation techniques to help 
        effectively, safely, and respectfully interact with people with 
        disabilities and behavioral health issues;
            (6) whether the proposed standards under section 3 
        adequately address the need for training in interpersonal 
        communication on de-escalation for those working with at-risk 
        youth, including methods that use time, tone, distance, cover, 
        and concealment to avoid escalation situations;
            (7) the time required to properly conduct the training to 
        be funded under section 5 and the methods for delivering such 
        training (either online or in person); and
            (8) whether the proposed requirements and standards under 
        section 3 reflect the latest evidence-based de-escalation 
        practices and techniques.
    (e) Limitation.--The Secretary--
            (1) shall not finalize any standard under section 3 or rule 
        or guidance for implementing the grant program under section 5 
        before the date that is 30 days after the Secretary receives 
        the recommendations of the Advisory Board on the respective 
        standard, rule, or guidance; and
            (2) shall respond to the Advisory Board in writing on each 
        recommendation of the Advisory Board that the Department of 
        Health and Human Resources will not implement and include a 
        detailed explanation of the reasons therefor.
    (f) Consultation.--In carrying out this section, the Advisory Board 
shall--
            (1) consult with any appropriate Federal departments and 
        agencies; and
            (2) solicit opinions and recommendations from the public 
        and persons with relevant expertise.
    (g) Technical Assistance.--On request of the Advisory Board, the 
head of a Federal department or agency may provide technical assistance 
to the Advisory Board, but no Federal employee may be detailed to the 
Advisory Board.
    (h) Pay and Reimbursement.--Members of the Advisory Board may not 
receive pay, allowances, or benefits by reason of their service on the 
Advisory Board, but members of the Advisory Board shall receive travel 
expenses, including per diem in lieu of subsistence under subchapter I 
of chapter 57 of title 5, United States Code.
    (i) Federal Advisory Committee Act.--The Advisory Board is deemed 
to have filed a charter for the purpose of section 9(c) of the Federal 
Advisory Committee Act (5 U.S.C. App.). Notwithstanding section 14 of 
the Federal Advisory Committee Act, the Advisory Board shall continue 
in effect until terminated by an Act of Congress.
    (j) Meetings.--The Advisory Board shall meet on a regular basis and 
no less than twice a year to carry out the duties of the Advisory Board 
under this section.
    (k) Funding.--Out of the amounts made available to the Secretary 
each fiscal year for general departmental management, not more than 
$500,000 are authorized to be used by the Advisory Board to carry out 
this section.

SEC. 5. DE-ESCALATION GRANTS.

    (a) Grants.--
            (1) Training grants.--The Secretary shall award grants to 
        eligible entities to provide training, in accordance with the 
        standards issued under section 3, on de-escalation of violence 
        to enhance community safety.
            (2) Community outreach, evaluation, and social media 
        grants.--The Secretary shall award grants to eligible entities 
        to support--
                    (A) the dissemination to targeted populations of 
                information about de-escalation training provided 
                through grants under paragraph (1) to encourage such 
                populations to participate in the training;
                    (B) the development of social media and online 
                training tools to educate the larger public about the 
                methods and goals of such de-escalation training; and
                    (C) the conduct of evaluations of the impact and 
                effectiveness of such de-escalation training, include 
                consideration of community stakeholders and those who 
                have received such training.
    (b) Training Described.--Training provided through a grant under 
subsection (a)(1)--
            (1) shall include training on--
                    (A) techniques to de-escalate situations to avoid 
                violence;
                    (B) understanding implicit bias and how it 
                contributes to violence;
                    (C) understanding how to promote racial 
                reconciliation in communities affected by racial 
                division that leads to violence and conflict;
                    (D) verbal and physical tactics to minimize the 
                need for the use of force, with an emphasis on 
                communication, negotiation, and techniques that help to 
                provide the time needed to resolve the incident safely 
                for everyone;
                    (E) awareness and recognition of mental health and 
                substance abuse issues and 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 with such 
                individuals;
                    (F) the critical decision-making model and other 
                evidence-based approaches that are found by the 
                Secretary to be appropriate to enhance de-escalation 
                skills and tactics;
                    (G) techniques that can be used by a wide range of 
                audiences, including those with disabilities and or 
                behavioral health issues; and
                    (H) first aid;
            (2) shall include scenario-based training that applies 
        evidence-based de-escalation techniques to practical on-the-job 
        scenarios that are regularly faced by law enforcement officers, 
        teachers, health care and wellness professionals in emergency 
        rooms, youth in neighborhoods, faith leaders at faith 
        institutions, and other situations that regularly encounter 
        potentially violent situations;
            (3) shall appropriately incorporate cultural competency to 
        reach a range of audiences;
            (4) may consist of--
                    (A) initial training; or
                    (B) subsequent or periodic training to renew, 
                reinforce, and update knowledge and skills, including 
                updates on new legal requirements and new de-escalation 
                techniques and strategies; and
            (5) shall emphasize training for law enforcement officials, 
        teachers and educators, school administrators, school service 
        employees, citizens returning from prison, faith leaders, 
        recreational professionals (such as recreation facility staff 
        and youth sport coaches), health care and wellness 
        professionals, youth, staff of nonprofit organizations 
        dedicated to violence prevention, security guards, ex-gang 
        members, and performing artists.
    (c) Eligible Entities.--To be eligible to receive a grant under 
subsection (a)(1), an entity shall be a State or local government, 
nonprofit organization, faith institutions, institutions of higher 
education including community colleges, other schools, professional 
teacher associations, and small businesses (including minority- and 
women-owned small businesses).
    (d) Preference.--In selecting among nonprofit organizations 
applying for a grant under subsection (a)(1), subject to subsection 
(e), the Secretary shall give preference to those organizations that--
            (1) interact with youth, including at-risk youth;
            (2) have a sound track record of de-escalation work in a 
        local community; or
            (3) employ individuals who reside in the geographic area to 
        be served under the grant or which offices or facilities in 
        that area.
    (e) Equity in Distribution.--
            (1) In general.--In any fiscal year in which insufficient 
        funds are appropriated to fund a grant under subsection (a)(1) 
        for an eligible entity in each State, the Secretary shall limit 
        the award of grants under subsection (a)(1) to eligible 
        entities in States for which no eligible entity received funds 
        through a grant under subsection (a)(1) for the prior fiscal 
        year.
            (2) Tribal organizations.--In applying paragraph (1), the 
        Secretary shall not--
                    (A) consider any grant recipient that is a tribal 
                organization in determining whether grant funds were 
                made available to an eligible entity in any State for 
                the prior fiscal year; or
                    (B) limit the award of grants to tribal 
                organizations pursuant to the reservation of funds for 
                grants to tribal organizations under subsection (f)(1).
    (f) Authorization of Appropriations.--
            (1) Training grants.--For grants under subsection (a)(1), 
        there is authorized to be appropriated $100,000,000 for each of 
        fiscal years 2019 through 2024, of which $10,000,000 for each 
        of such fiscal years shall be for grants under subsection 
        (a)(1) to tribal organizations (as defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act).
            (2) Community evaluation, and social media grants.--For 
        grants under subsection (a)(2), there is authorized to be 
        appropriated $10,000,000 for each of fiscal years 2019 through 
        2024.
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