[Congressional Record Volume 168, Number 128 (Monday, August 1, 2022)]
[Senate]
[Pages S3811-S3814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5189. Mr. SCHUMER (for Mr. Cornyn) proposed an amendment to the
bill 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; as
follows:
Strike all after the enacting clause and insert the
following:
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
[[Page S3812]]
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
[[Page S3813]]
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).
[[Page S3814]]
``(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.''.
____________________