[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2046 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2046

 To provide for a Community-Based Emergency and Non-Emergency Response 
                             Grant Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2021

 Mr. Van Hollen (for himself, Mr. Merkley, Ms. Baldwin, and Mr. Brown) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for a Community-Based Emergency and Non-Emergency Response 
                             Grant Program.

    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 ``Community-Based Response Act of 
2021''.

SEC. 2. PURPOSES.

     The purposes of this Act are--
            (1) to provide an additional option beyond law enforcement 
        for community-based emergency and non-emergency response for 
        covered populations in need of help or support, in order to--
                    (A) target the best professional intervention to an 
                individual in need of help or support; and
                    (B) avoid escalation of a crisis situation--
                            (i) that may not require a response from 
                        law enforcement; and
                            (ii) to which a law enforcement response 
                        can create increased risk of harm; and
            (2) establishing a grant program to provide that additional 
        response option by awarding funding to partnerships described 
        in section 5(a).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Community mental health center.--The term ``community 
        mental health center'' has the meaning given the term in 
        section 1861 of the Social Security Act (42 U.S.C. 1395x).
            (2) Covered community-based organization.--The term 
        ``covered community-based organization'' means an organization 
        that meets the requirements of section 5(b).
            (3) Covered population.--The term ``covered population'' 
        means--
                    (A) individuals who are racial or ethnic minorities 
                or members of an Indian tribe;
                    (B) immigrants, including undocumented immigrants, 
                immigrants who have recently entered the United States, 
                and refugees;
                    (C) individuals with limited English proficiency, 
                meaning their primary language for communication is not 
                English and communication with emergency responders may 
                be difficult;
                    (D) individuals who are age 60 or older and 
                determined to be likely to be--
                            (i) vulnerable to abuse; or
                            (ii) experiencing health challenges;
                    (E) people with disabilities, as defined in section 
                3 of the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12102);
                    (F) people in the LGBTQIA+ community;
                    (G) people who are likely to face disproportionate 
                or discriminatory law enforcement contact;
                    (H) people who are or were involved in the criminal 
                justice system;
                    (I) homeless persons, as defined in section 103 of 
                the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11302);
                    (J) people facing or with a history of mental or 
                behavioral health crises or who need check-ins for 
                health, safety, or substance use disorder reasons;
                    (K) people experiencing family violence or domestic 
                violence under the laws of the jurisdiction involved, 
                or dating violence;
                    (L) victims of child abuse and children exposed to 
                violence;
                    (M) people who are likely to be engaged in or to 
                experience violence in the community;
                    (N) people with, or recovering from, a substance 
                use disorder;
                    (O) current and former foster youth;
                    (P) youth who are or were involved in the juvenile 
                justice system;
                    (Q) victims of conduct described in section 1591 or 
                2251 of title 18, United States Code;
                    (R) people who engage in acts defined in paragraph 
                (4) of section 103 of the Trafficking Victims 
                Protection Act of 2000 (22 U.S.C. 7102);
                    (S) adult survivors of sexual assault, as defined 
                under the laws of the jurisdiction involved;
                    (T) victims of trafficking, as defined in section 
                103 of the Trafficking Victims Protection Act of 2000;
                    (U) out-of-school youth; and
                    (V) people in an acute crisis not covered under 
                subparagraphs (A) through (U).
            (4) Dating violence.--The term ``dating violence'' has the 
        meaning given the term in section 40002(a) of the Violence 
        Against Women Act of 1994 (34 U.S.C. 12291(a)).
            (5) Immigration terms.--
                    (A) Immigrant.--The term ``immigrant'' means an 
                alien who has entered the United States.
                    (B) Undocumented immigrant.--The term 
                ``undocumented immigrant'' means an alien who is 
                unlawfully present in the United States.
            (6) Indian tribe; tribal organization.--The terms ``Indian 
        tribe'' and ``tribal organization'' have the meanings given the 
        terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (7) Institution of higher education.--The term 
        ``institution of higher education'' means--
                    (A) such an institution as defined in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) a tribally controlled college or university as 
                defined in section 2 of the Tribally Controlled 
                Colleges and Universities Assistance Act of 1978 (25 
                U.S.C. 1801).
            (8) Out-of-school youth.--The term ``out-of-school youth'' 
        means an individual who is--
                    (A) not attending any school (as defined under 
                State law);
                    (B) not younger than age 16 or older than age 24; 
                and
                    (C) one or more of the following:
                            (i) A young person who has dropped out of 
                        school.
                            (ii) A youth who is within the age of 
                        compulsory school attendance, but has not 
                        attended school for at least the most recent 
                        complete school year calendar quarter.
                            (iii) A recipient of a secondary school 
                        diploma or its recognized equivalent who is a 
                        low-income individual and is either basic 
                        skills deficient or an English language learner 
                        (as such 3 terms are defined in section 3 of 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3102)).
                            (iv) An individual who is subject to the 
                        criminal justice system.
                            (v) An individual who experiences 
                        homelessness, a homeless child or youth, or a 
                        runaway.
                            (vi) An individual--
                                    (I) who is in foster care, who has 
                                aged out of the foster care system, or 
                                who has attained 16 years of age and 
                                left foster care for kinship 
                                guardianship or adoption;
                                    (II) who is a child eligible for 
                                assistance under section 477 of the 
                                Social Security Act (42 U.S.C. 677); or
                                    (III) who is a child in an out-of-
                                home placement.
                            (vii) An individual who is pregnant or 
                        parenting.
                            (viii) An individual with a disability (as 
                        defined in section 3 of the Workforce 
                        Innovation and Opportunity Act (29 U.S.C. 
                        3102)).
                            (ix) A low-income individual (as defined in 
                        that section 3) who requires additional 
                        assistance to enter or complete an educational 
                        program or to secure or hold employment.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services, acting through the Administrator 
        of the Administration for Community Living and in consultation 
        with the Assistant Secretary for Mental Health and Substance 
        Use, the Secretary of Housing and Urban Development, and the 
        Attorney General.
            (10) Substance use disorder.--The term ``substance use 
        disorder'' means such a disorder within the meaning of title V 
        of the Public Health Service Act (42 U.S.C. 290aa et seq.).

SEC. 4. ESTABLISHMENT OF GRANT PROGRAM.

    The Secretary shall establish a Community-Based Emergency and Non-
Emergency Response Grant Program to improve community-based emergency 
and non-emergency response for public safety and problem solving, and 
to promote the safety and well-being of the populations and communities 
served under the program by--
            (1) identifying eligible organizations with demonstrated 
        capacity for emergency and non-emergency response work, 
        including violence interruption, community mediation, and 
        crisis behavioral health response, who are capable of 
        providing, and increasing the capacity of the localities to 
        provide, emergency and non-emergency response for specified 
        covered populations;
            (2) developing a local infrastructure of systems and 
        resources needed to develop, implement, and sustain effective 
        interventions to protect the mental and physical well-being of 
        members of the community, prevent violence, de-escalate 
        volatile situations, ensure access to human services, protect 
        property and the environment, reduce law enforcement use of 
        force, and ensure the health and safety of communities, while 
        decreasing the sole reliance on law enforcement for emergency 
        and non-emergency situations;
            (3) creating and strengthening formal and informal 
        partnerships, for such purposes as providing solutions and 
        committing resources to sustain and scale up successful models 
        of community-based emergency and non-emergency response; and
            (4) providing timely evaluation to clarify the outcomes and 
        costs of the program, and the new interventions and service 
        models provided through the program, for service recipients and 
        law enforcement.

SEC. 5. ELIGIBLE PARTNERSHIPS.

    (a) In General.--To be eligible to receive a grant under this title 
Act, an entity shall be a partnership of--
            (1)(A) a unit of local government (or its contractor), or 
        Indian tribe or tribal organization, acting through an entity 
        that is independent of any law enforcement agency; and
            (B) a covered community-based organization; and
            (2) if applicable, a nonprofit or public institution of 
        higher education, community mental health center, or behavioral 
        health organization.
    (b) Community-Based Organization.--A community-based organization 
referred to in subsection (a)(1) shall be a nonprofit community-based 
organization, a consortium of nonprofit community-based organizations, 
a national nonprofit organization acting as an intermediary for a 
community-based organization, or a community-based organization that 
has a fiscal sponsor that allows the organization to function as an 
organization that is described in section 501(c)(3) of the Internal 
Revenue Code of 1986 and exempt from taxation under section 501(a) of 
that Code.

SEC. 6. PLANNING GRANTS.

    (a) In General.--In carrying out the Program, the Secretary shall 
use not more than 10 percent of the amount appropriated under section 
13(1) to make planning grants to eligible partnerships to engage, with 
meaningful participation from the covered populations and covered 
community-based organizations involved, in comprehensive design of a 
community response plan, in order to prepare a high-quality application 
for an initiation grant.
    (b) Application.--To be eligible to receive a planning grant under 
this section, an eligible partnership shall submit to the Secretary a 
planning application at such time, in such manner, and containing such 
information as the Secretary may require, including information on--
            (1) the covered populations that will be consulted through 
        the planning process;
            (2) how the partnership will engage entities that are led 
        by the covered populations; and
            (3) how the partnership will solicit and confirm support 
        from covered populations and community stakeholders in the 
        plan.

SEC. 7. INITIATION AND CONTINUATION GRANTS.

    (a) Initiation Grants.--In carrying out the Program, the Secretary 
shall make initiation grants to not fewer than 40 eligible 
partnerships, including not fewer than 4 eligible partnerships that 
include Indian tribes or tribal organizations, of which not fewer than 
2 shall be eligible partnerships led by an Indian tribe or tribal 
organization, to carry out projects to meet the objectives described in 
subsection (a). The Secretary shall make the grants for periods of 5 
years. The Secretary shall make the grants to partnerships in 
geographically diverse areas, including urban and rural communities, 
and in communities with varying population sizes.
    (b) Continuation Grants.--
            (1) In general.--In carrying out the Program, the Secretary 
        shall make continuation grants to eligible partnerships who are 
        recipients of the initiation grants and who are determined by 
        the Secretary to be in good standing on completion of the grant 
        period for those grants, to pay for the Federal share of the 
        cost of carrying out projects to meet the objectives described 
        in subsection (a). The Secretary shall make the continuation 
        grants for periods of 2 years.
            (2) Non-federal share.--The non-Federal share of the costs 
        described in this subsection shall be 25 percent. The eligible 
        partnership receiving such a continuation grant shall provide 
        the non-Federal share from State, tribal, local, or private 
        sources.

SEC. 8. INITIATION AND CONTINUATION GRANT APPLICATIONS.

    (a) In General.--To be eligible to receive an initiation or 
continuation grant under section 7 for a project, a partnership shall 
submit an application (which, for a continuation grant, shall be an 
update of the partnership's initiation grant application) to the 
Secretary, at such time, in such manner, and containing such 
information as the Secretary may require, including--
            (1) information that specifies in detail--
                    (A) the covered populations that the partnership 
                will target for services under this Act;
                    (B) the experience of the members of the 
                partnership in successfully working in the community to 
                be served and partnering with the target populations, 
                including--
                            (i) for a partnership that includes an 
                        Indian tribe or tribal organization, an 
                        understanding of tribal sovereignty; and
                            (ii) for a partnership not described in 
                        clause (i), the partnership's understanding of 
                        racial equity, systems of oppression, and the 
                        impact of structural racism on the community 
                        and population to be served, the partnership's 
                        commitment to promoting anti-racism, anti-bias, 
                        and equity, dismantling such systems, and 
                        reducing such impact, and an established record 
                        of accomplishment in improving outcomes or 
                        preventing, reducing, or eliminating inequities 
                        in that community;
                    (C) how the grant funds will be used;
                    (D) the expertise of the partnership, including its 
                staff, in implementing the project to provide the 
                proposed services;
                    (E) how the partnership will implement or develop 
                practices with clear methods of evaluation, including 
                development of culturally informed practices, in 
                carrying out the project, including references to 
                applicable research or demonstrated practices; and
                    (F) the partnership's plan for gathering feedback 
                from service recipients about the quality of the 
                services, including contacts and resources, provided 
                through the project; and
            (2) a memorandum of understanding that--
                    (A) identifies each partner (including each agency 
                of the unit of local government or Indian tribe or 
                tribal organization, as applicable, involved) and is 
                signed by a representative of each partner in the 
                partnership carrying out the project; and
                    (B) outlines--
                            (i) the partnership's engagement with the 
                        community, including members of the covered 
                        population, and the role the engagement played 
                        in developing the project;
                            (ii) the financial and programmatic 
                        commitment of each partner, and the specific 
                        role of a law enforcement agency if involved in 
                        a backup role;
                            (iii) the responsibilities of emergency 
                        dispatch operators, dispatchers, and partners 
                        in the national 911 system, in properly 
                        identifying calls in the community to be served 
                        necessitating a community-based emergency and 
                        non-emergency response and directing those 
                        calls to appropriate responders;
                            (iv) the responsibilities of information 
                        and referral systems for essential community 
                        services (accessed in most localities by 
                        dialing 211) and the National Suicide 
                        Prevention Hotline (to be accessed by dialing 
                        988) for participating in efficiently routing 
                        direct callers to services;
                            (v) the responsibilities of each partner 
                        with respect to data collection and evaluation;
                            (vi) how each partner's existing (as of the 
                        date of submission of the application) vision, 
                        theory of change, theory of action, anti-racist 
                        and anti-bias practice, and activities align 
                        with those of the grant program set forth in 
                        this Act;
                            (vii) the governance structure proposed for 
                        the project, including a system for holding 
                        partners accountable;
                            (viii) how the eligible partners' governing 
                        boards or advisory boards, and emergency 
                        responders, are representative of the community 
                        to be served;
                            (ix) how a structure through which 
                        residents of the community and grassroots 
                        organizations will have an active role in the 
                        eligible partnership's decision making;
                            (x) how the partnership anticipates that 
                        the project involved will decrease the 
                        responsibilities of local law enforcement, 
                        including responsibilities related to policing, 
                        arrests, and incarceration, and of other public 
                        safety entities;
                            (xi) any voluntary, community-based mental 
                        health services and other support services that 
                        the partnership is committing to provide;
                            (xii) any State or local laws that may be 
                        an impediment to implementation of the project; 
                        and
                            (xiii) any other information the Secretary 
                        reasonably determines to be necessary.
    (b) Priority.--In making initiation and continuation grants under 
section 7, the Secretary shall give priority to--
            (1) eligible partnerships that include covered community-
        based organizations with a documented record of effectively 
        serving 1 or more covered populations;
            (2) eligible partnerships that include covered community-
        based organizations that are led by individuals who are members 
        of the covered populations to be served;
            (3) eligible partnerships that include a unit of local 
        government that commits to increasing resources for community-
        based mental health services and housing, with the goals of--
                    (A) reducing the incarceration and death of persons 
                with a mental illness or an intellectual or 
                developmental disability; and
                    (B) increasing referrals of persons with a mental 
                illness or an intellectual or developmental disability 
                to voluntary, community-based mental health services 
                and other support services (rather than 
                institutionalization); and
            (4) eligible partnerships that have successfully executed 
        planning under a planning grant.
    (c) Consideration.--In reviewing applications for grants described 
in section 7, the Secretary shall consider applications with innovative 
proposals and clear methods of evaluation.

SEC. 9. USE OF FUNDS.

    (a) In General.--An eligible partnership that receives a grant 
under section 7 for a project may use the grant funds for--
            (1) project planning and community engagement;
            (2) project implementation;
            (3) staffing and recruitment;
            (4) facilities;
            (5) operational costs, including costs of startup or 
        expansion activities, marketing, language translation, and 
        transportation;
            (6) engagement with technical assistance providers;
            (7) consulting services;
            (8) training;
            (9) program and project evaluation, including evaluation of 
        program and project efficacy, staff performance, and service 
        delivery;
            (10) programming and service interventions that include--
                    (A) activities that prioritize human service 
                interventions, by entities other than law enforcement, 
                over interventions by law enforcement; or
                    (B) activities that include triaging emergencies, 
                through emergency dispatch operators, in a manner that 
                results in referral to a wholly nonpolice entity; and
            (11) programming and service interventions that may 
        include--
                    (A) activities that include co-occurring law 
                enforcement and human services activities, such as 
                responses to calls about dating violence;
                    (B) activities that include followup by human 
                services organizations after contact by law 
                enforcement, such as community mediation, social 
                services, or behavioral health services;
                    (C) training for emergency dispatch operators; and
                    (D) training for community members, or family 
                members of people requiring emergency or non-emergency 
                response, to facilitate comprehensive and clear 
                communication with emergency dispatch operators to 
                ensure that necessary information is conveyed about 
                when an intervention by a nonpolice human services 
                organization is the most appropriate response.
    (b) Funding Limitation.--None of the grant funds provided under 
section 7 shall be provided to State, tribal, or local law enforcement 
agencies.

SEC. 10. TECHNICAL ASSISTANCE.

    The Secretary shall arrange for a national technical assistance 
provider for organizations described in section 5, to provide technical 
assistance support and develop and disseminate best practices for 
projects carried out under this Act.

SEC. 11. ANNUAL REPORTING REQUIREMENTS.

    Each recipient of a grant under section 7 for a project is required 
to submit an annual report to the Secretary that details--
            (1) the specific uses of the grant funds;
            (2) the number of individuals contacted through the 
        project;
            (3) the number of individuals connected with ongoing 
        services or resources through the project, disaggregated by 
        race, ethnicity, gender, sexual orientation and gender 
        identity, disability status, and other characteristics;
            (4) the quality of the contacts, services, and resources, 
        as reported by the individuals contacted;
            (5) any evidence of positive outcomes following the 
        contacts or connections;
            (6) any evidence of negative outcomes that may have 
        occurred following the contacts or connections;
            (7) the percentage of total emergency calls diverted from 
        law enforcement to the grant recipient;
            (8) the percentage of emergency calls diverted to the grant 
        recipient that have been addressed;
            (9) the extent to which the grant recipient is hiring or 
        training individuals from within the covered population, and 
        the recruitment, hiring, training, and retention practices for 
        such individuals;
            (10) any related reduction in the number of calls to law 
        enforcement over the period of the project;
            (11) any changes in the types of calls made to the 911 
        system, to the extent that it is practicable to report 
        information on such changes;
            (12) any increases in the number of calls to the 211 (or 
        equivalent) systems for essential non-emergency community 
        services or calls to the 988 National Suicide Prevention 
        Hotline over the period of the project;
            (13) any related reduction in the budget of the law 
        enforcement agency that has jurisdiction over the community 
        served by the eligible partnership over that period;
            (14) any State or local laws that were an impediment to 
        implementation of the project; and
            (15) any evidence of completed in-home, teletherapy, or in-
        community responses that included counseling, crisis response, 
        family treatment, mediation, or other evidence-based 
        interventions that addressed complex needs not able to be 
        resolved by non-emergency calls alone.

SEC. 12. EVALUATION AND REPORT.

    Not later than October 1, 2027, the Secretary shall--
            (1) complete an evaluation detailing the implementation of, 
        outcomes of, and best practices from the grant program carried 
        out under this Act, including program-wide information on the 
        factors described in paragraphs (2) through (15) of section 11; 
        and
            (2) submit to Congress a report containing the evaluation.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated--
            (1) to carry out planning and initiation grants under this 
        Act, $100,000,000 for each of fiscal years 2022 through 2026; 
        and
            (2) to carry out continuation grants under this Act, 
        $75,000,000 for each of fiscal years 2027 and 2028.
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