[Congressional Record Volume 168, Number 128 (Monday, August 1, 2022)]
[Senate]
[Pages S3829-S3835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           LAW ENFORCEMENT DE-ESCALATION TRAINING ACT OF 2022

  Mr. SCHUMER. Madam President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 422, S. 4003.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof 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

[[Page S3830]]

       ``(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

[[Page S3831]]

     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

[[Page S3832]]

     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.''.

  Mr. SCHUMER. I further ask that the committee-reported substitute 
amendment be withdrawn; the Cornyn substitute amendment at the desk be 
agreed to; the bill, as amended, be considered read a third time and 
passed; and the motion to reconsider be considered made and laid upon 
the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
withdrawn.
  The amendment (No. 5189), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 4003), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 4003

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

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

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

       (a) Definitions.--Section 901(a) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10251(a)) is amended--
       (1) in paragraph (27), by striking ``and'' at the end;
       (2) in paragraph (28), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(29) the term `de-escalation' means taking action or 
     communicating verbally or non-verbally during a potential 
     force encounter in an attempt to stabilize the situation and 
     reduce the immediacy of the threat so that more time, 
     options, and resources can be called upon to resolve the 
     situation without the use of force or with a reduction in the 
     force necessary;
       ``(30) the term `mental or behavioral health or suicidal 
     crisis'--
       ``(A) means a situation in which the behavior of a person--
       ``(i) puts the person at risk of hurting himself or herself 
     or others; or
       ``(ii) impairs or prevents the person from being able to 
     care for himself or herself or function effectively in the 
     community; and
       ``(B) includes a situation in which a person--
       ``(i) is under the influence of a drug or alcohol, is 
     suicidal, or experiences symptoms of a mental illness; or
       ``(ii) may exhibit symptoms, including emotional reactions 
     (such as fear or anger), psychological impairments (such as 
     inability to focus, confusion, or psychosis), and behavioral 
     reactions (such as the trigger of a freeze, fight, or flight 
     response);
       ``(31) the term `disability' has the meaning given that 
     term in section 3 of the Americans with Disabilities Act of 
     1990 (42 U.S.C. 12102);
       ``(32) the term `crisis intervention team' means a 
     collaborative, interdisciplinary team that brings together 
     specially trained law enforcement officers, mental health 
     providers, and other community stakeholders to respond to 
     mental health-related calls, use appropriate de-escalation 
     techniques, and assess if referral to services or transport 
     for mental health evaluation is appropriate; and
       ``(33) the term `covered mental health professional' means 
     a mental health professional working on a crisis intervention 
     team--
       ``(A) as an employee of a law enforcement agency; or
       ``(B) under a legal agreement with a law enforcement 
     agency.''.
       (b) COPS Program.--Section 1701 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) 
     is amended by adding at the end the following:
       ``(n) Training in Alternatives to Use of Force, De-
     Escalation Techniques, and Mental and Behavioral Health 
     Crises.--
       ``(1) Training curricula.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Attorney General shall 
     develop training curricula or identify effective existing 
     training curricula for law enforcement officers and for 
     covered mental health professionals regarding--
       ``(i) de-escalation tactics and alternatives to use of 
     force;
       ``(ii) safely responding to an individual experiencing a 
     mental or behavioral health or suicidal crisis or an 
     individual with a disability, including techniques and 
     strategies that are designed to protect the safety of that 
     individual, law enforcement officers, mental health 
     professionals, and the public;
       ``(iii) successfully participating on a crisis intervention 
     team; and
       ``(iv) making referrals to community-based mental and 
     behavioral health services and support, housing assistance 
     programs, public benefits programs, the National Suicide 
     Prevention Lifeline, and other services.
       ``(B) Requirements.--The training curricula developed or 
     identified under this paragraph shall include--
       ``(i) scenario-based exercises;
       ``(ii) pre-training and post-training tests to assess 
     relevant knowledge and skills covered in the training 
     curricula; and
       ``(iii) follow-up evaluative assessments to determine the 
     degree to which participants in the training apply, in their 
     jobs, the knowledge and skills gained in the training.
       ``(C) Consultation.--The Attorney General shall develop and 
     identify training curricula under this paragraph in 
     consultation with relevant law enforcement agencies of States 
     and units of local government, associations that represent 
     individuals with mental or behavioral health diagnoses or 
     individuals with disabilities, labor organizations, 
     professional law enforcement organizations, local law 
     enforcement labor and representative organizations, law 
     enforcement trade associations, mental health and suicide 
     prevention organizations, family advocacy organizations, and 
     civil rights and civil liberties groups.
       ``(2) Certified programs and courses.--
       ``(A) In general.--Not later than 180 days after the date 
     on which training curricula are developed or identified under 
     paragraph (1)(A), the Attorney General shall establish a 
     process to--
       ``(i) certify training programs and courses offered by 
     public and private entities to law enforcement officers or 
     covered mental health professionals using 1 or more of the 
     training curricula developed or identified under paragraph 
     (1), or equivalents to such training curricula, which may 
     include certifying a training program or course that an 
     entity began offering on or before the date on which the 
     Attorney General establishes the process; and
       ``(ii) terminate the certification of a training program or 
     course if the program or course fails to continue to meet the 
     standards under the training curricula developed or 
     identified under paragraph (1).
       ``(B) Partnerships with mental health organizations and 
     educational institutions.--Not later than 180 days after the 
     date on which training curricula are developed or identified 
     under paragraph (1)(A), the Attorney General shall develop 
     criteria to ensure that public and private entities that 
     offer training programs or courses that are certified under 
     subparagraph (A) collaborate with local mental health 
     organizations to--
       ``(i) enhance the training experience of law enforcement 
     officers through consultation with and the participation of 
     individuals with mental or behavioral health diagnoses or 
     disabilities, particularly such individuals who have 
     interacted with law enforcement officers; and
       ``(ii) strengthen relationships between health care 
     services and law enforcement agencies.
       ``(3) Transitional regional training programs for state and 
     local agency personnel.--
       ``(A) In general.--During the period beginning on the date 
     on which the Attorney General establishes the process 
     required under paragraph (2)(A) and ending on the date that

[[Page S3833]]

     is 18 months after that date, the Attorney General shall, and 
     thereafter the Attorney General may, provide, in 
     collaboration with law enforcement training academies of 
     States and units of local government as appropriate, regional 
     training to equip personnel from law enforcement agencies of 
     States and units of local government in a State to offer 
     training programs or courses certified under paragraph 
     (2)(A).
       ``(B) Continuing education.--The Attorney General shall 
     develop and implement continuing education requirements for 
     personnel from law enforcement agencies of States and units 
     of local government who receive training to offer training 
     programs or courses under subparagraph (A).
       ``(4) List.--Not later than 1 year after the Attorney 
     General completes the activities described in paragraphs (1) 
     and (2), the Attorney General shall publish a list of law 
     enforcement agencies of States and units of local government 
     employing law enforcement officers or using covered mental 
     health professionals who have successfully completed a course 
     using 1 or more of the training curricula developed or 
     identified under paragraph (1), or equivalents to such 
     training curricula, which shall include--
       ``(A) the total number of law enforcement officers that are 
     employed by the agency;
       ``(B) the number of such law enforcement officers who have 
     completed such a course;
       ``(C) whether personnel from the law enforcement agency 
     have been trained to offer training programs or courses under 
     paragraph (3);
       ``(D) the total number of covered mental health 
     professionals who work with the agency; and
       ``(E) the number of such covered mental health 
     professionals who have completed such a course.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection--
       ``(A) $3,000,000 for fiscal year 2023;
       ``(B) $20,000,000 for fiscal year 2024;
       ``(C) $10,000,000 for fiscal year 2025; and
       ``(D) $1,000,000 for fiscal year 2026.''.
       (c) Byrne JAG Program.--Subpart 1 of part E of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10151 et seq.) is amended--
       (1) by redesignating section 508 as section 509; and
       (2) by inserting after section 507 the following:

     ``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.

       ``(a) Definition.--In this section, the term `certified 
     training program or course' means a program or course using 1 
     or more of the training curricula developed or identified 
     under section 1701(n)(1), or equivalents to such training 
     curricula--
       ``(1) that is provided by the Attorney General under 
     section 1701(n)(3); or
       ``(2) that is--
       ``(A) provided by a public or private entity, including the 
     personnel of a law enforcement agency or law enforcement 
     training academy of a State or unit of local government who 
     have been trained to offer training programs or courses under 
     section 1701(n)(3); and
       ``(B) certified by the Attorney General under section 
     1701(n)(2).
       ``(b) Authority.--
       ``(1) In general.--Not later than 90 days after the 
     Attorney General completes the activities required by 
     paragraphs (1) and (2) of section 1701(n), the Attorney 
     General shall, from amounts made available to fund training 
     programs pursuant to subsection (h), make grants to States 
     for use by the State or a unit of government located in the 
     State to--
       ``(A) pay for--
       ``(i) costs associated with conducting a certified training 
     program or course or, subject to paragraph (2), a certified 
     training program or course that provides continuing 
     education; and
       ``(ii) attendance by law enforcement officers or covered 
     mental health professionals at a certified training program 
     or course, including a course provided by a law enforcement 
     training academy of a State or unit of local government;
       ``(B) procure a certified training program or course or, 
     subject to paragraph (2), a certified training program or 
     course that provides continuing education on 1 or more of the 
     topics described in section 1701(n)(1)(A);
       ``(C) in the case of a law enforcement agency of a unit of 
     local government that employs fewer than 50 employees 
     (determined on a full-time equivalent basis), pay for the 
     costs of overtime accrued as a result of the attendance of a 
     law enforcement officer or covered mental health professional 
     at a certified training program or course for which the costs 
     associated with conducting the certified training program or 
     course are paid using amounts provided under this section;
       ``(D) pay for the costs of developing mechanisms to comply 
     with the reporting requirements established under subsection 
     (d), in an amount not to exceed 5 percent of the total amount 
     of the grant award; and
       ``(E) pay for the costs associated with participation in 
     the voluntary National Use-of-Force Data Collection of the 
     Federal Bureau of Investigation, in an amount not to exceed 5 
     percent of the total amount of the grant award, if a law 
     enforcement agency of the State or unit of local government 
     is not already reporting to the National Use-of-Force Data 
     Collection.
       ``(2) Requirements for use for continuing education.--
       ``(A) Definition.--In this paragraph, the term `covered 
     topic' means a topic covered under the curricula developed or 
     identified under clause (i), (ii), or (iv) of section 
     1701(n)(1)(A).
       ``(B) Requirement to provide initial training.--A State or 
     unit of local government shall ensure that all officers who 
     have been employed with the State or unit of local government 
     for at least 2 years have received training as part of a 
     certified training program or course on all covered topics 
     before the State or unit of local government uses amounts 
     received under a grant under paragraph (1) for continuing 
     education with respect to any covered topic.
       ``(C) Start date of availability of funding.--
       ``(i) In general.--Subject to clause (ii), a State or unit 
     of local government may not use amounts received under a 
     grant under paragraph (1) for continuing education with 
     respect to a covered topic until the date that is 2 years 
     after the date of enactment of the Law Enforcement De-
     Escalation Training Act of 2022.
       ``(ii) Exception.--A State or unit of local government may 
     use amounts received under a grant under paragraph (1) for 
     continuing education with respect to a covered topic during 
     the 2-year period beginning on the date of enactment of the 
     Law Enforcement De-Escalation Training Act of 2022 if the 
     State or unit of local government has complied with 
     subparagraph (B) using amounts available to the State or unit 
     of local government other than amounts received under a grant 
     under paragraph (1).
       ``(3) Maintaining relationships with local mental health 
     organizations.--A State or unit of local government that 
     receives funds under this section shall establish and 
     maintain relationships between law enforcement officers and 
     local mental health organizations and health care services.
       ``(c) Allocation of Funds.--
       ``(1) In general.--Of the total amount appropriated to 
     carry out this section for a fiscal year, the Attorney 
     General shall allocate funds to each State in proportion to 
     the total number of law enforcement officers in the State 
     that are employed by the State or a unit of local government 
     within the State, as compared to the total number of law 
     enforcement officers in the United States.
       ``(2) Retention of funds for training for state law 
     enforcement officers proportional to number of state 
     officers.--Each fiscal year, each State may retain, for use 
     for the purposes described in this section, from the total 
     amount of funds provided to the State under paragraph (1) an 
     amount that is not more than the amount that bears the same 
     ratio to such total amount as the ratio of--
       ``(A) the total number of law enforcement officers employed 
     by the State; to
       ``(B) the total number of law enforcement officers in the 
     State that are employed by the State or a unit of local 
     government within the State.
       ``(3) Provision of funds for training for local law 
     enforcement officers.--
       ``(A) In general.--A State shall make available to units of 
     local government in the State for the purposes described in 
     this section the amounts remaining after a State retains 
     funds under paragraph (2).
       ``(B) Additional uses.--A State may, with the approval of a 
     unit of local government, use the funds allocated to the unit 
     of local government under subparagraph (A)--
       ``(i) to facilitate offering a certified training program 
     or course or, subject to subsection (b)(2), a certified 
     training program or course that provide continuing education 
     in 1 or more of the topics described in section 1701(n)(1)(A) 
     to law enforcement officers employed by the unit of local 
     government; or
       ``(ii) for the costs of training local law enforcement 
     officers, including through law enforcement training 
     academies of States and units of local government, to conduct 
     a certified training program or course.
       ``(C) Consultation.--The Attorney General, in consultation 
     with relevant law enforcement agencies of States and units of 
     local government, associations that represent individuals 
     with mental or behavioral health diagnoses or individuals 
     with disabilities, labor organizations, professional law 
     enforcement organizations, local law enforcement labor and 
     representative organizations, law enforcement trade 
     associations, mental health and suicide prevention 
     organizations, family advocacy organizations, and civil 
     rights and civil liberties groups, shall develop criteria 
     governing the allocation of funds to units of local 
     government under this paragraph, which shall ensure that the 
     funds are distributed as widely as practicable in terms of 
     geographical location and to both large and small law 
     enforcement agencies of units of local government.
       ``(D) Announcement of allocations.--Not later than 30 days 
     after the date on which a State receives an award under 
     paragraph (1), the State shall announce the allocations of 
     funds to units of local government under subparagraph (A). A 
     State shall submit to the Attorney General a report 
     explaining any delays in the announcement of allocations 
     under this subparagraph.
       ``(d) Reporting.--
       ``(1) Units of local government.--Any unit of local 
     government that receives funds from a State under subsection 
     (c)(3) for a certified training program or course shall 
     submit to the State or the Attorney General an annual report 
     with respect to the first fiscal year during which the unit 
     of local government receives such funds and each of the 2 
     fiscal years thereafter that--

[[Page S3834]]

       ``(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,

[[Page S3835]]

     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.''.

                          ____________________