[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4003 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 4003
_______________________________________________________________________
AN ACT
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,
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;
``(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; and
``(E) pay for the costs associated with
participation in the voluntary National Use-of-Force
Data Collection of the Federal Bureau of Investigation,
in an amount not to exceed 5 percent of the total
amount of the grant award, if a law enforcement agency
of the State or unit of local government is not already
reporting to the National Use-of-Force Data Collection.
``(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.''.
Passed the Senate August 1, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 4003
_______________________________________________________________________
AN ACT
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.