[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4003 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 422
117th CONGRESS
  2d Session
                                S. 4003

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2022

 Mr. Cornyn (for himself, Mr. Whitehouse, Mr. Cassidy, Ms. Hassan, Mr. 
  Scott of South Carolina, Mr. Coons, Mrs. Capito, Ms. Klobuchar, Mr. 
  Tillis, Mrs. Feinstein, Mr. Cramer, Mr. Blumenthal, Mr. Blunt, Ms. 
    Cortez Masto, Mr. Leahy, Mr. Durbin, Mr. Cruz, Mr. Ossoff, Mrs. 
 Blackburn, and Ms. Collins) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

                             June 14, 2022

               Reported by Mr. Durbin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Law Enforcement De-
Escalation Training Act of 2022''.</DELETED>

<DELETED>SEC. 2. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-
              ESCALATION, AND MENTAL AND BEHAVIORAL HEALTH 
              CRISES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraph (27), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (28), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(30) the term `mental or behavioral health or 
        suicidal crisis'--</DELETED>
                <DELETED>    ``(A) means a situation in which the 
                behavior of a person--</DELETED>
                        <DELETED>    ``(i) puts the person at risk of 
                        hurting himself or herself or others; 
                        or</DELETED>
                        <DELETED>    ``(ii) impairs or prevents the 
                        person from being able to care for himself or 
                        herself or function effectively in the 
                        community; and</DELETED>
                <DELETED>    ``(B) includes a situation in which a 
                person--</DELETED>
                        <DELETED>    ``(i) is under the influence of a 
                        drug or alcohol, is suicidal, or experiences 
                        symptoms of a mental illness; or</DELETED>
                        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(33) the term `covered mental health 
        professional' means a mental health professional working on a 
        crisis intervention team--</DELETED>
                <DELETED>    ``(A) as an employee of a law enforcement 
                agency; or</DELETED>
                <DELETED>    ``(B) under a legal agreement with a law 
                enforcement agency.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(n) Training in Alternatives to Use of Force, De-
Escalation Techniques, and Mental and Behavioral Health Crises.--
</DELETED>
        <DELETED>    ``(1) Training curricula.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, the 
                Attorney General shall develop training curricula and 
                identify effective existing training curricula for law 
                enforcement officers and for covered mental health 
                professionals regarding--</DELETED>
                        <DELETED>    ``(i) alternatives to use of force 
                        and de-escalation tactics;</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iii) successfully participating 
                        on a crisis intervention team; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirements.--The training 
                curricula developed or identified under this paragraph 
                shall include--</DELETED>
                        <DELETED>    ``(i) scenario-based 
                        exercises;</DELETED>
                        <DELETED>    ``(ii) pre-training and post-
                        training tests to assess relevant knowledge and 
                        skills covered in the training curricula; 
                        and</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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 liberties groups.</DELETED>
        <DELETED>    ``(2) Certified programs.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 180 days 
                after the date of enactment of this subsection, the 
                Attorney General shall establish a process to--
                </DELETED>
                        <DELETED>    ``(i) certify public and private 
                        entities that offer courses 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 an entity that was 
                        providing such a course on or before the date 
                        on which the Attorney General establishes the 
                        process; and</DELETED>
                        <DELETED>    ``(ii) terminate the certification 
                        of an entity if the courses offered by the 
                        entity fail to continue to meet the standards 
                        under the training curricula developed or 
                        identified under paragraph (1).</DELETED>
                <DELETED>    ``(B) Partnerships with mental health 
                organizations and educational institutions.--Not later 
                than 180 days after the date of enactment of this 
                subsection, the Attorney General shall develop criteria 
                to ensure that public and private entities certified 
                under subparagraph (A) collaborate with local mental 
                health organizations to--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) strengthen relationships 
                        between health care services and law 
                        enforcement agencies.</DELETED>
        <DELETED>    ``(3) Transitional regional training programs for 
        state and local agency personnel.--</DELETED>
                <DELETED>    ``(A) In general.--Until the date that is 
                2 years after the date on which the Attorney General 
                develops and identifies training curricula under 
                paragraph (1), the Attorney General shall, and 
                thereafter may, provide, in collaboration with law 
                enforcement training academies of States and units of 
                local government as appropriate, regional training to 
                equip and certify personnel from law enforcement 
                agencies of States and units of local government in a 
                State to conduct training using 1 or more of the 
                training curricula developed or identified under 
                paragraph (1), or equivalents to such training 
                curricula.</DELETED>
                <DELETED>    ``(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 certified under subparagraph (A).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the total number of law enforcement 
                officers that are employed by the agency;</DELETED>
                <DELETED>    ``(B) the number of such law enforcement 
                officers who have completed such a course;</DELETED>
                <DELETED>    ``(C) whether personnel from the law 
                enforcement agency have been certified under paragraph 
                (3) to conduct the training;</DELETED>
                <DELETED>    ``(D) the total number of covered mental 
                health professionals who work with the agency; 
                and</DELETED>
                <DELETED>    ``(E) the number of such covered mental 
                health professionals who have completed such a 
                course.</DELETED>
        <DELETED>    ``(5) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this subsection 
        $20,000,000 for each of fiscal years 2022 through 
        2026.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by redesignating section 508 as section 509; 
        and</DELETED>
        <DELETED>    (2) by inserting after section 507 the 
        following:</DELETED>

<DELETED>``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.</DELETED>

<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `approved training course' means a 
        course using 1 or more of the training curricula developed or 
        identified under section 1701(n)(1) or equivalents to such 
        training curricula--</DELETED>
                <DELETED>    ``(A) provided by the Attorney General 
                under section 1701(n)(3); or</DELETED>
                <DELETED>    ``(B) provided by a certified entity; 
                and</DELETED>
        <DELETED>    ``(2) the term `certified entity' means a public 
        or private entity that has been certified by the Attorney 
        General under section 1701(n)(2), which may include a law 
        enforcement agency or law enforcement training academy of a 
        State or unit of local government the personnel of which have 
        been certified to conduct training pursuant to section 
        1701(n)(3).</DELETED>
<DELETED>    ``(b) Authority.--</DELETED>
        <DELETED>    ``(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 (g), make grants to States for use by 
        the State or a unit of government located in the State to--
        </DELETED>
                <DELETED>    ``(A) pay for--</DELETED>
                        <DELETED>    ``(i) costs associated with 
                        conducting the training or, subject to 
                        paragraph (2), continuing education; 
                        and</DELETED>
                        <DELETED>    ``(ii) attendance by law 
                        enforcement officers or covered mental health 
                        professionals at an approved training course, 
                        including a course provided by a law 
                        enforcement training academy of a State or unit 
                        of local government;</DELETED>
                <DELETED>    ``(B) procure training or, subject to 
                paragraph (2), continuing education on 1 or more of the 
                topics described in section 1701(n)(1)(A) from a 
                certified entity;</DELETED>
                <DELETED>    ``(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 an approved 
                training course for which the costs associated with 
                conducting the approved training course are paid using 
                amounts provided under this section; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirements for use for continuing 
        education.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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 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.</DELETED>
                <DELETED>    ``(C) Start date of availability of 
                funding.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Allocation of Funds.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the total number of law enforcement 
                officers employed by the State; to</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Provision of funds for training for local 
        law enforcement officers.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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)--</DELETED>
                        <DELETED>    ``(i) to facilitate training or, 
                        subject to subsection (b)(2), continuing 
                        education in the 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</DELETED>
                        <DELETED>    ``(ii) for the costs of training 
                        and certifying local law enforcement officers, 
                        including through law enforcement training 
                        academies of States and units of local 
                        government, to conduct training under section 
                        1701(n)(3).</DELETED>
                <DELETED>    ``(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 
                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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Reporting.--</DELETED>
        <DELETED>    ``(1) Units of local government.--Any unit of 
        local government that receives funds from a State under 
        subsection (c)(3) for a training program described in 
        subsection (b) 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 shall include--
        </DELETED>
                <DELETED>    ``(A) the number of law enforcement 
                officers employed by the unit of local government that 
                have completed an approved training course, including 
                an approved training course provided on or before the 
                date on which the Attorney General begins certifying 
                entities 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 unit of local government, an approved 
                training course using funds provided from a source 
                other than the grants described under subsection 
                (b);</DELETED>
                <DELETED>    ``(B) the total number of law enforcement 
                officers employed by the unit of local 
                government;</DELETED>
                <DELETED>    ``(C) a description of any barriers to 
                providing training on the topics described in section 
                1701(n)(1)(A);</DELETED>
                <DELETED>    ``(D) information gathered through--
                </DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) 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.</DELETED>
        <DELETED>    ``(2) States.--A State receiving funds under this 
        section shall submit to the Attorney General--</DELETED>
                <DELETED>    ``(A) any report the State receives from a 
                unit of local government under paragraph (1); 
                and</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) indicating the number of law 
                        enforcement officers employed by the State that 
                        have completed an approved training course, 
                        including an approved training course provided 
                        on or before the date on which the Attorney 
                        General begins certifying entities 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, an approved training 
                        course using funds provided from a source other 
                        than the grants described under subsection 
                        (b);</DELETED>
                        <DELETED>    ``(ii) indicating the total number 
                        of law enforcement officers employed by the 
                        State;</DELETED>
                        <DELETED>    ``(iii) providing information 
                        gathered through--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(iv) discussing any barriers to 
                        providing training on the topics described in 
                        section 1701(n)(1)(A); and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Reports on the use of de-escalation tactics 
        and other techniques.--</DELETED>
                <DELETED>    ``(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 
                liberties groups shall establish--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) mechanisms for each law 
                        enforcement agency to submit such reports to 
                        the Department of Justice.</DELETED>
                <DELETED>    ``(B) Reporting requirements.--The 
                requirements developed under subparagraph (A) shall--
                </DELETED>
                        <DELETED>    ``(i) specify--</DELETED>
                                <DELETED>    ``(I) the circumstances 
                                under which an interaction shall be 
                                reported, considering--</DELETED>
                                        <DELETED>    ``(aa) the cost of 
                                        collecting and reporting the 
                                        information; and</DELETED>
                                        <DELETED>    ``(bb) the value 
                                        of that information for 
                                        determining whether--</DELETED>

                                                <DELETED>    ``(AA) the 
                                                objectives of the 
                                                training have been met; 
                                                and</DELETED>

                                                <DELETED>    ``(BB) the 
                                                training reduced or 
                                                eliminated the risk of 
                                                serious physical injury 
                                                to officers, subjects, 
                                                and third parties; 
                                                and</DELETED>

                                <DELETED>    ``(II) the biographical 
                                and other relevant information about 
                                the officer and subjects involved in 
                                the interaction that shall be included 
                                in such a report; and</DELETED>
                        <DELETED>    ``(ii) require such reporting be 
                        done in a manner that--</DELETED>
                                <DELETED>    ``(I) is in compliance 
                                with all applicable Federal and State 
                                confidentiality laws; and</DELETED>
                                <DELETED>    ``(II) does not disclose 
                                the identities of law enforcement 
                                officers, subjects, or third 
                                parties.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Failure to report.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Attorney General Reports.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Contents.--Each report under paragraph (1) 
        shall include, at a minimum, information on--</DELETED>
                <DELETED>    ``(A) the number, amounts, and recipients 
                of awards the Attorney General has made or intends to 
                make using funds authorized under this 
                section;</DELETED>
                <DELETED>    ``(B) the selection criteria the Attorney 
                General has used or intends to use to select recipients 
                of awards using funds authorized under this 
                section;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) the nature, frequency, and amount of 
                information that the Attorney General has collected or 
                intends to collect under subsection (d).</DELETED>
        <DELETED>    ``(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 section 1701(n).</DELETED>
<DELETED>    ``(f) National Institute of Justice Study.--</DELETED>
        <DELETED>    ``(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 the training under section 
        1701(n) in at least 6 jurisdictions representing an array of 
        agency sizes and geographic locations, which shall include--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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 section 1701(n).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(g) GAO Report.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(B) the certification of programs under 
                section 1701(n)(2), including the development of the 
                process for certification and its 
                implementation;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(h) Authorization of Appropriations.--There is 
authorized to be appropriated to carry out this section $70,000,000 for 
each of fiscal years 2022 through 2026.''.</DELETED>

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; and
                    ``(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.
            ``(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.''.
                                                       Calendar No. 422

117th CONGRESS

  2d Session

                                S. 4003

_______________________________________________________________________

                                 A BILL

  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.

_______________________________________________________________________

                             June 14, 2022

                       Reported with an amendment