[Congressional Record Volume 168, Number 183 (Tuesday, November 29, 2022)]
[House]
[Pages H8612-H8618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LAW ENFORCEMENT DE-ESCALATION TRAINING ACT OF 2022
Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass 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.
The Clerk read the title of the bill.
The text of the bill is 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
[[Page H8613]]
respond to mental health-related calls, use appropriate de-
escalation techniques, and assess if referral to services or
transport for mental health evaluation is appropriate; and
``(33) the term `covered mental health professional' means
a mental health professional working on a crisis intervention
team--
``(A) as an employee of a law enforcement agency; or
``(B) under a legal agreement with a law enforcement
agency.''.
(b) COPS Program.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381)
is amended by adding at the end the following:
``(n) Training in Alternatives to Use of Force, De-
Escalation Techniques, and Mental and Behavioral Health
Crises.--
``(1) Training curricula.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
develop training curricula or identify effective existing
training curricula for law enforcement officers and for
covered mental health professionals regarding--
``(i) de-escalation tactics and alternatives to use of
force;
``(ii) safely responding to an individual experiencing a
mental or behavioral health or suicidal crisis or an
individual with a disability, including techniques and
strategies that are designed to protect the safety of that
individual, law enforcement officers, mental health
professionals, and the public;
``(iii) successfully participating on a crisis intervention
team; and
``(iv) making referrals to community-based mental and
behavioral health services and support, housing assistance
programs, public benefits programs, the National Suicide
Prevention Lifeline, and other services.
``(B) Requirements.--The training curricula developed or
identified under this paragraph shall include--
``(i) scenario-based exercises;
``(ii) pre-training and post-training tests to assess
relevant knowledge and skills covered in the training
curricula; and
``(iii) follow-up evaluative assessments to determine the
degree to which participants in the training apply, in their
jobs, the knowledge and skills gained in the training.
``(C) Consultation.--The Attorney General shall develop and
identify training curricula under this paragraph in
consultation with relevant law enforcement agencies of States
and units of local government, associations that represent
individuals with mental or behavioral health diagnoses or
individuals with disabilities, labor organizations,
professional law enforcement organizations, local law
enforcement labor and representative organizations, law
enforcement trade associations, mental health and suicide
prevention organizations, family advocacy organizations, and
civil rights and civil liberties groups.
``(2) Certified programs and courses.--
``(A) In general.--Not later than 180 days after the date
on which training curricula are developed or identified under
paragraph (1)(A), the Attorney General shall establish a
process to--
``(i) certify training programs and courses offered by
public and private entities to law enforcement officers or
covered mental health professionals using 1 or more of the
training curricula developed or identified under paragraph
(1), or equivalents to such training curricula, which may
include certifying a training program or course that an
entity began offering on or before the date on which the
Attorney General establishes the process; and
``(ii) terminate the certification of a training program or
course if the program or course fails to continue to meet the
standards under the training curricula developed or
identified under paragraph (1).
``(B) Partnerships with mental health organizations and
educational institutions.--Not later than 180 days after the
date on which training curricula are developed or identified
under paragraph (1)(A), the Attorney General shall develop
criteria to ensure that public and private entities that
offer training programs or courses that are certified under
subparagraph (A) collaborate with local mental health
organizations to--
``(i) enhance the training experience of law enforcement
officers through consultation with and the participation of
individuals with mental or behavioral health diagnoses or
disabilities, particularly such individuals who have
interacted with law enforcement officers; and
``(ii) strengthen relationships between health care
services and law enforcement agencies.
``(3) Transitional regional training programs for state and
local agency personnel.--
``(A) In general.--During the period beginning on the date
on which the Attorney General establishes the process
required under paragraph (2)(A) and ending on the date that
is 18 months after that date, the Attorney General shall, and
thereafter the Attorney General may, provide, in
collaboration with law enforcement training academies of
States and units of local government as appropriate, regional
training to equip personnel from law enforcement agencies of
States and units of local government in a State to offer
training programs or courses certified under paragraph
(2)(A).
``(B) Continuing education.--The Attorney General shall
develop and implement continuing education requirements for
personnel from law enforcement agencies of States and units
of local government who receive training to offer training
programs or courses under subparagraph (A).
``(4) List.--Not later than 1 year after the Attorney
General completes the activities described in paragraphs (1)
and (2), the Attorney General shall publish a list of law
enforcement agencies of States and units of local government
employing law enforcement officers or using covered mental
health professionals who have successfully completed a course
using 1 or more of the training curricula developed or
identified under paragraph (1), or equivalents to such
training curricula, which shall include--
``(A) the total number of law enforcement officers that are
employed by the agency;
``(B) the number of such law enforcement officers who have
completed such a course;
``(C) whether personnel from the law enforcement agency
have been trained to offer training programs or courses under
paragraph (3);
``(D) the total number of covered mental health
professionals who work with the agency; and
``(E) the number of such covered mental health
professionals who have completed such a course.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection--
``(A) $3,000,000 for fiscal year 2023;
``(B) $20,000,000 for fiscal year 2024;
``(C) $10,000,000 for fiscal year 2025; and
``(D) $1,000,000 for fiscal year 2026.''.
(c) Byrne JAG Program.--Subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.) is amended--
(1) by redesignating section 508 as section 509; and
(2) by inserting after section 507 the following:
``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.
``(a) Definition.--In this section, the term `certified
training program or course' means a program or course using 1
or more of the training curricula developed or identified
under section 1701(n)(1), or equivalents to such training
curricula--
``(1) that is provided by the Attorney General under
section 1701(n)(3); or
``(2) that is--
``(A) provided by a public or private entity, including the
personnel of a law enforcement agency or law enforcement
training academy of a State or unit of local government who
have been trained to offer training programs or courses under
section 1701(n)(3); and
``(B) certified by the Attorney General under section
1701(n)(2).
``(b) Authority.--
``(1) In general.--Not later than 90 days after the
Attorney General completes the activities required by
paragraphs (1) and (2) of section 1701(n), the Attorney
General shall, from amounts made available to fund training
programs pursuant to subsection (h), make grants to States
for use by the State or a unit of government located in the
State to--
``(A) pay for--
``(i) costs associated with conducting a certified training
program or course or, subject to paragraph (2), a certified
training program or course that provides continuing
education; and
``(ii) attendance by law enforcement officers or covered
mental health professionals at a certified training program
or course, including a course provided by a law enforcement
training academy of a State or unit of local government;
``(B) procure a certified training program or course or,
subject to paragraph (2), a certified training program or
course that provides continuing education on 1 or more of the
topics described in section 1701(n)(1)(A);
``(C) in the case of a law enforcement agency of a unit of
local government that employs fewer than 50 employees
(determined on a full-time equivalent basis), pay for the
costs of overtime accrued as a result of the attendance of a
law enforcement officer or covered mental health professional
at a certified training program or course for which the costs
associated with conducting the certified training program or
course are paid using amounts provided under this section;
``(D) pay for the costs of developing mechanisms to comply
with the reporting requirements established under subsection
(d), in an amount not to exceed 5 percent of the total amount
of the grant award; and
``(E) pay for the costs associated with participation in
the voluntary National Use-of-Force Data Collection of the
Federal Bureau of Investigation, in an amount not to exceed 5
percent of the total amount of the grant award, if a law
enforcement agency of the State or unit of local government
is not already reporting to the National Use-of-Force Data
Collection.
``(2) Requirements for use for continuing education.--
``(A) Definition.--In this paragraph, the term `covered
topic' means a topic covered under the curricula developed or
identified under clause (i), (ii), or (iv) of section
1701(n)(1)(A).
``(B) Requirement to provide initial training.--A State or
unit of local government shall ensure that all officers who
have been employed with the State or unit of local government
for at least 2 years have received training as part of a
certified training program or course on all covered topics
before the State or unit of local government uses amounts
received under a grant under
[[Page H8614]]
paragraph (1) for continuing education with respect to any
covered topic.
``(C) Start date of availability of funding.--
``(i) In general.--Subject to clause (ii), a State or unit
of local government may not use amounts received under a
grant under paragraph (1) for continuing education with
respect to a covered topic until the date that is 2 years
after the date of enactment of the Law Enforcement De-
Escalation Training Act of 2022.
``(ii) Exception.--A State or unit of local government may
use amounts received under a grant under paragraph (1) for
continuing education with respect to a covered topic during
the 2-year period beginning on the date of enactment of the
Law Enforcement De-Escalation Training Act of 2022 if the
State or unit of local government has complied with
subparagraph (B) using amounts available to the State or unit
of local government other than amounts received under a grant
under paragraph (1).
``(3) Maintaining relationships with local mental health
organizations.--A State or unit of local government that
receives funds under this section shall establish and
maintain relationships between law enforcement officers and
local mental health organizations and health care services.
``(c) Allocation of Funds.--
``(1) In general.--Of the total amount appropriated to
carry out this section for a fiscal year, the Attorney
General shall allocate funds to each State in proportion to
the total number of law enforcement officers in the State
that are employed by the State or a unit of local government
within the State, as compared to the total number of law
enforcement officers in the United States.
``(2) Retention of funds for training for state law
enforcement officers proportional to number of state
officers.--Each fiscal year, each State may retain, for use
for the purposes described in this section, from the total
amount of funds provided to the State under paragraph (1) an
amount that is not more than the amount that bears the same
ratio to such total amount as the ratio of--
``(A) the total number of law enforcement officers employed
by the State; to
``(B) the total number of law enforcement officers in the
State that are employed by the State or a unit of local
government within the State.
``(3) Provision of funds for training for local law
enforcement officers.--
``(A) In general.--A State shall make available to units of
local government in the State for the purposes described in
this section the amounts remaining after a State retains
funds under paragraph (2).
``(B) Additional uses.--A State may, with the approval of a
unit of local government, use the funds allocated to the unit
of local government under subparagraph (A)--
``(i) to facilitate offering a certified training program
or course or, subject to subsection (b)(2), a certified
training program or course that provide continuing education
in 1 or more of the topics described in section 1701(n)(1)(A)
to law enforcement officers employed by the unit of local
government; or
``(ii) for the costs of training local law enforcement
officers, including through law enforcement training
academies of States and units of local government, to conduct
a certified training program or course.
``(C) Consultation.--The Attorney General, in consultation
with relevant law enforcement agencies of States and units of
local government, associations that represent individuals
with mental or behavioral health diagnoses or individuals
with disabilities, labor organizations, professional law
enforcement organizations, local law enforcement labor and
representative organizations, law enforcement trade
associations, mental health and suicide prevention
organizations, family advocacy organizations, and civil
rights and civil liberties groups, shall develop criteria
governing the allocation of funds to units of local
government under this paragraph, which shall ensure that the
funds are distributed as widely as practicable in terms of
geographical location and to both large and small law
enforcement agencies of units of local government.
``(D) Announcement of allocations.--Not later than 30 days
after the date on which a State receives an award under
paragraph (1), the State shall announce the allocations of
funds to units of local government under subparagraph (A). A
State shall submit to the Attorney General a report
explaining any delays in the announcement of allocations
under this subparagraph.
``(d) Reporting.--
``(1) Units of local government.--Any unit of local
government that receives funds from a State under subsection
(c)(3) for a certified training program or course shall
submit to the State or the Attorney General an annual report
with respect to the first fiscal year during which the unit
of local government receives such funds and each of the 2
fiscal years thereafter that--
``(A) shall include the number of law enforcement officers
employed by the unit of local government that have completed
a certified training program or course, including a certified
training program or course provided on or before the date on
which the Attorney General begins certifying training
programs and courses under section 1701(n)(2), the topics
covered in those courses, and the number of officers who
received training in each topic;
``(B) may, at the election of the unit of local government,
include the number of law enforcement officers employed by
the unit of local government that have completed a certified
training program or course using funds provided from a source
other than the grants described under subsection (b), the
topics covered in those courses, and the number of officers
who received training in each topic;
``(C) shall include the total number of law enforcement
officers employed by the unit of local government;
``(D) shall include a description of any barriers to
providing training on the topics described in section
1701(n)(1)(A);
``(E) shall include information gathered through--
``(i) pre-training and post-training tests that assess
relevant knowledge and skills covered in the training
curricula, as specified in section 1701(n)(1); and
``(ii) follow-up evaluative assessments to determine the
degree to which participants in the training apply, in their
jobs, the knowledge and skills gained in the training; and
``(F) shall include the amount of funds received by the
unit of local government under subsection (c)(3) and a
tentative plan for training all law enforcement officers
employed by the unit of local government using available and
anticipated funds.
``(2) States.--A State receiving funds under this section
shall submit to the Attorney General--
``(A) any report the State receives from a unit of local
government under paragraph (1); and
``(B) if the State retains funds under subsection (c)(2)
for a fiscal year, a report by the State for that fiscal
year, and each of the 2 fiscal years thereafter--
``(i) indicating the number of law enforcement officers
employed by the State that have completed a certified
training program or course, including a certified training
program or course provided on or before the date on which the
Attorney General begins certifying training programs or
courses under section 1701(n)(2), the topics covered in those
courses, and the number of officers who received training in
each topic, including, at the election of the State, a
certified training program or course using funds provided
from a source other than the grants described under
subsection (b);
``(ii) indicating the total number of law enforcement
officers employed by the State;
``(iii) providing information gathered through--
``(I) pre-training and post-training tests that assess
relevant knowledge and skills covered in the training
curricula, as specified in section 1701(n)(1); and
``(II) follow-up evaluative assessments to determine the
degree to which participants in the training apply, in their
jobs, the knowledge and skills gained in the training;
``(iv) discussing any barriers to providing training on the
topics described in section 1701(n)(1)(A); and
``(v) indicating the amount of funding retained by the
State under subsection (c)(2) and providing a tentative plan
for training all law enforcement officers employed by the
State using available and anticipated funds.
``(3) Reporting tools.--Not later than 180 days after the
date of enactment of this section, the Attorney General shall
develop a portal through which the data required under
paragraphs (1) and (2) may be collected and submitted.
``(4) Reports on the use of de-escalation tactics and other
techniques.--
``(A) In general.--The Attorney General, in consultation
with the Director of the Federal Bureau of Investigation,
relevant law enforcement agencies of States and units of
local government, associations that represent individuals
with mental or behavioral health diagnoses or individuals
with disabilities, labor organizations, professional law
enforcement organizations, local law enforcement labor and
representative organizations, law enforcement trade
associations, mental health and suicide prevention
organizations, family advocacy organizations, and civil
rights and civil liberties groups, shall establish--
``(i) reporting requirements on interactions in which de-
escalation tactics and other techniques in curricula
developed or identified under section 1701(n)(1) are used by
each law enforcement agency that receives funding under this
section; and
``(ii) mechanisms for each law enforcement agency to submit
such reports to the Department of Justice.
``(B) Reporting requirements.--The requirements developed
under subparagraph (A) shall--
``(i) specify--
``(I) the circumstances under which an interaction shall be
reported, considering--
``(aa) the cost of collecting and reporting the
information; and
``(bb) the value of that information for determining
whether--
``(AA) the objectives of the training have been met; and
``(BB) the training reduced or eliminated the risk of
serious physical injury to officers, subjects, and third
parties; and
``(II) the demographic and other relevant information about
the officer and subjects involved in the interaction that
shall be included in such a report; and
``(ii) require such reporting be done in a manner that--
``(I) is in compliance with all applicable Federal and
State confidentiality laws; and
``(II) does not disclose the identities of law enforcement
officers, subjects, or third parties.
[[Page H8615]]
``(C) Review of reporting requirements.--Not later than 2
years after the date of enactment of this section, and every
2 years thereafter, the Attorney General, in consultation
with the entities specified under subparagraph (A), shall
review and consider updates to the reporting requirements.
``(5) Failure to report.--
``(A) In general.--An entity receiving funds under this
section that fails to file a report as required under
paragraph (1) or (2), as applicable and as determined by the
Attorney General, shall not be eligible to receive funds
under this section for a period of 2 fiscal years.
``(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to prohibit a State that fails to file a
report as required under paragraph (2), and is not eligible
to receive funds under this section, from making funding
available to a unit of local government of the State under
subsection (c)(3), if the unit of local government has
complied with the reporting requirements.
``(e) Attorney General Reports.--
``(1) Implementation report.--Not later than 2 years after
the date of enactment of this section, and each year
thereafter in which grants are made under this section, the
Attorney General shall submit a report to Congress on the
implementation of activities carried out under this section.
``(2) Contents.--Each report under paragraph (1) shall
include, at a minimum, information on--
``(A) the number, amounts, and recipients of awards the
Attorney General has made or intends to make using funds
authorized under this section;
``(B) the selection criteria the Attorney General has used
or intends to use to select recipients of awards using funds
authorized under this section;
``(C) the number of law enforcement officers of a State or
unit of local government who were not able to receive
training on the topics described in section 1701(n)(1)(A) due
to unavailability of funds and the amount of funds that would
be required to complete the training; and
``(D) the nature, frequency, and amount of information that
the Attorney General has collected or intends to collect
under subsection (d).
``(3) Privacy protections.--A report under paragraph (1)
shall not disclose the identities of individual law
enforcement officers who received, or did not receive,
training under a certified training program or course.
``(f) National Institute of Justice Study.--
``(1) Study and report.--Not later than 2 years after the
first grant award using funds authorized under this section,
the National Institute of Justice shall conduct a study of
the implementation of training under a certified training
program or course in at least 6 jurisdictions representing an
array of agency sizes and geographic locations, which shall
include--
``(A) a process evaluation of training implementation,
which shall include an analysis of the share of officers who
participated in the training, the degree to which the
training was administered in accordance with the curriculum,
and the fidelity with which the training was applied in the
field; and
``(B) an impact evaluation of the training, which shall
include an analysis of the impact of the training on
interactions between law enforcement officers and the public,
any factors that prevent or preclude law enforcement officers
from successfully de-escalating law enforcement interactions,
and any recommendations on modifications to the training
curricula and methods that could improve outcomes.
``(2) National institute of justice access to portal.--For
the purposes of preparing the report under paragraph (1), the
National Institute of Justice shall have direct access to the
portal developed under subsection (d)(3).
``(3) Privacy protections.--The study under paragraph (1)
shall not disclose the identities of individual law
enforcement officers who received, or did not receive,
training under a certified training program or course.
``(4) Funding.--Not more than 1 percent of the amount
appropriated to carry out this section during any fiscal year
shall be made available to conduct the study under paragraph
(1).
``(g) GAO Report.--
``(1) Study and report.--Not later than 3 years after the
first grant award using funds authorized under this section,
the Comptroller General of the United States shall review the
grant program under this section and submit to Congress a
report assessing the grant program, including--
``(A) the process for developing and identifying curricula
under section 1701(n)(1), including the effectiveness of the
consultation by the Attorney General with the agencies,
associations, and organizations identified under section
1701(n)(1)(C);
``(B) the certification of training programs and courses
under section 1701(n)(2), including the development of the
process for certification and its implementation;
``(C) the training of law enforcement personnel under
section 1701(n)(3), including the geographic distribution of
the agencies that employ the personnel receiving the training
and the sizes of those agencies;
``(D) the allocation of funds under subsection (c),
including the geographic distribution of the agencies that
receive funds and the degree to which both large and small
agencies receive funds; and
``(E) the amount of funding distributed to agencies
compared with the amount appropriated under this section, the
amount spent for training, and whether plans have been put in
place by the recipient agencies to use unspent available
funds.
``(2) GAO access to portal.--For the purposes of preparing
the report under paragraph (1), the Comptroller General of
the United States shall have direct access to the portal
developed under subsection (d)(3).
``(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section--
``(1) $40,000,000 for fiscal year 2025; and
``(2) $50,000,000 for fiscal year 2026.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from Wisconsin (Mr. Tiffany) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on S. 4003.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 4003, the Law Enforcement De-Escalation Training Act
of 2022, is bipartisan legislation that would improve training for law
enforcement officers, including using alternatives to force and de-
escalation tactics. It also includes training and support for officers
working with mental health professionals and crisis intervention teams.
This bill would empower police and the mental health professionals
working with them to link individuals to services in their community.
Law enforcement officers are often the first responders to
individuals in crisis. While we have worked to develop and implement
non-law-enforcement crisis response services, there continues to be a
need to train and equip law enforcement officers to de-escalate
interactions and divert individuals to appropriate mental and
behavioral health services.
Additionally, there is a need to provide officers and crisis response
teams the tools they need to understand and respond to individuals with
disabilities. One study found that disabled individuals make up one-
third to one-half of all people killed by law enforcement officers.
Reforms to law enforcement, including de-escalation training, both
improve public safety and reduce crime. A study of the Louisville,
Kentucky, police department found that de-escalation training reduced
use-of-force incidents by 28 percent and community member injuries by
26 percent. Officer injuries were reduced by an even larger margin of
36 percent.
S. 4003 will require the Department of Justice's Office of Community
Oriented Policing Services to consult with a broad range of
stakeholders in developing the training curriculum, including law
enforcement and behavioral health groups, as well as civil rights and
civil liberties groups and associations that represent individuals with
disabilities.
This bill also requires the National Institute of Justice and the
Government Accountability Office to evaluate the implementation of the
program and the effect of the training to ensure that the curricula
have a tangible impact on law enforcement encounters with people in
crisis and to identify possible changes that would further improve
outcomes.
This bipartisan bill improves public safety by developing and
implementing evidence-based de-escalation training for law enforcement
officers. I thank Senator Cornyn for introducing the bill and
Congresswoman Karen Bass for leading the House version of this
important legislation.
Mr. Speaker, I urge all of my colleagues to support the bill, and I
reserve the balance of my time.
Mr. TIFFANY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, S. 4003 creates a new Federal grant program to provide
training for law enforcement officers
[[Page H8616]]
on de-escalation techniques, participation in crisis intervention
teams, making referrals to community-based service providers, safely
responding to individuals in a behavioral or mental health crisis, and
alternatives to use of force.
It requires the Department of Justice to develop training curriculum
in collaboration with mental health providers, law enforcement
agencies, civil rights organizations, and other stakeholders.
It also authorizes $133 million in new money over the next 4 years
with no offsets.
There are several problems with this legislation.
First, the COPS Office at the Justice Department currently funds
programs that already do what this bill purports to support. For
instance, the COPS Office funds the Community Policing Development De-
Escalation Training Program through two different mechanisms.
Through one mechanism, the COPS Office provides $3 million over the
next 2 years for the expansion of a network of regional centers to
provide nationally certified de-escalation training opportunities for
law enforcement. The other mechanism, law enforcement agency de-
escalation grants, provides nearly $12 million in grant funding over
the next 2 years to support whole agency de-escalation, implicit bias,
and duty-to-intervene training efforts.
These programs are appropriated and up and running as we speak. We
should not be creating new programs that are duplicative of current
programs without at least examining the efficacy of the currently
funded programs.
Second, this legislation represents a departure from traditional law
enforcement techniques, one that advances a soft-on-crime approach. In
recent years, these kinds of approaches to fighting crime have been a
boon to criminals and have led to our current crime epidemic.
We need to seriously address the crime epidemic, not fund duplicative
programs that would keep cops in cars.
Mr. Speaker, I urge my colleagues to oppose this legislation, and I
reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 4 minutes to the distinguished
gentlewoman from Texas (Ms. Jackson Lee), a member of the committee.
Ms. JACKSON LEE. Mr. Speaker, I rise to counter my good friend and
indicate that this is important legislation. It is documented to be
important legislation, and the documentation is clear because of the
widespread support of such a wide range of Americans.
Mr. Speaker, I rise today on the floor to support S. 4003. I thank my
colleagues, Senator Cornyn from Texas and Congresswoman Bass.
As this legislation came out of the Judiciary Committee as well, this
is legislation that fits very well under the Crime, Terrorism and
Homeland Security Subcommittee, which I chair. Our responsibilities are
to address the question of crime but also to address the question of
social justice and reform.
We have heard over the last couple of months--many of us have been in
the mode of campaigning--challenges against Democrats, as to whether or
not we are tough on crime or whether or not we can work to protect our
communities. One thing that protects our communities is strong law
enforcement that knows how to engage with the community and is given
the tools that will help them do so, and to help the community engage
with law enforcement so that they can collectively solve crime.
This legislation is a bipartisan bill that would improve public
safety and strengthen public trust in law enforcement, one of the first
steps toward bringing down crime.
S. 4003 would require the Department of Justice to develop a de-
escalation training curriculum in collaboration with mental health
providers, law enforcement agencies, civil rights organizations, and
associations representing individuals with mental health diagnoses.
{time} 1530
How many times have mothers and fathers had to deal with the loss of
a child because they were having a mental health episode?
This legislation continues to be a need to improve the practices that
law enforcement officers can use to reduce use-of-force incidents and
also protect themselves.
When individuals are in crisis, police are often the first to
respond. We understand that is not their total responsibility, but
because of our lack of access to mental health resources, they have
been on the front lines; and so, without training necessary to
recognize a mental health crisis, someone winds up injured or dead.
Interactions between law enforcement and civilians can escalate to
potentially deadly consequences.
As the country faces an epidemic of violence committed by officers
and the disproportionate impact that this violence has on people of
color, we remember the lives lost to police violence, including Nicolas
Chavez, who was killed by law enforcement, among others in cities
across the land.
Just this week, we learned that two Colorado deputies that killed
Christian Glass in June have been indicted. That was a sad
circumstance. We wish it had not happened, and it did not need to
happen.
This legislation will give us the opportunity, again, to do what we
want to do; to keep America safe; to bring down crime; and to protect
our officers and to give them the training that helps them to be able
to engage in de-escalation tactics.
Somewhat similar to the overall bill that I introduced, and John
Conyers before me, I introduced the Law Enforcement Trust and Integrity
Act, which I hope to reintroduce again, and seeking bipartisan support;
this would authorize $70 million in annual grant funding for training
that includes improving community officer relations and engage in
training on use of force or de-escalation scenario-based exercises.
In addition, this bill would provide support to law enforcement
agencies to train and equip officers. This legislation, of course, is
widely supported.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from Texas.
Ms. JACKSON LEE. This legislation is widely supported. It is
bipartisan; and I thank Mayor-Elect, Congresswoman Karen Bass for her
leadership on the companion bill.
I also thank my colleague, Senator Cornyn from Texas for his
commitment and concern.
Mr. Speaker, I quickly want to acknowledge that the faith community
is squarely in support of this, and they certainly care about law
enforcement and bringing down crime.
Mr. Speaker, I ask my colleagues to support this legislation.
Mr. Speaker, I include in the Record a letter signed by Catholic
Charities USA, Catholic Prison Ministry Coalition, Committee on
Domestic Justice and Human Development, United Sates Conference of
Catholic Bishops, Center for Public Justice, Jesuit Conference, Office
of Justice and Ecology, National Association of Evangelicals, National
Latino Evangelical Coalition, National Hispanic Christian Leadershp
Coalition, and Prison Fellowship; a letter from CPAC; a letter from
National Fraternal Order of Police; and a letter from Major Cities
Chiefs Associations.
November 29, 2022.
Senator John Cornyn,
Hart Senate Office Building,
Washington, DC.
Senator Sheldon Whitehouse,
Hart Senate Office Building,
Washington, DC.
Dear Senators Cornyn and Whitehouse: Our faith-based
organizations write to urge for broad co-sponsorship among
your colleagues and the swift passage of the Law Enforcement
De-escalation Training Act of 2022 (S. 4003) as it would help
police officers better serve vulnerable populations and keep
our communities safe. Furthermore, this bill would promote a
more restorative justice system that respects the God-given
dignity of each person and promote safe communities for both
law enforcement officers and residents. The bill would also
provide law enforcement officers with the skills and tools
needed to respond appropriately to the needs of the
communities they protect and serve.
Police officers respond every day to calls for service for
men and women grappling with grave mental and behavioral
health challenges. However, they are not consistently trained
to address these situations effectively. Inadequate training
can undermine law enforcement officers' wellbeing and job
satisfaction, and increase incidents of excessive use of
force that erodes public trust. Policymakers must better
equip law enforcement officers with evidence-based training
for interactions with people in crisis that
[[Page H8617]]
fosters community partnership, promotes understanding of
mental illness, and prioritizes the lowest level of force
necessary to keep communities safe.
Several key provisions position the Law Enforcement De-
escalation Training Act (S. 4003) to be a catalyst for
modernizing American policing. The legislation would create a
new federal funding stream to provide training for law
enforcement agencies on de-escalation techniques, on
participation in crisis intervention teams, on making
referrals to community-based service providers, on safely
responding to individuals in a behavioral or mental health
crisis, and on alternatives to use of force. Furthermore, the
bill would advance transparency and accountability to best
practices through strong reporting and evaluation
requirements from the Department of Justice, National
Institute of Justice, and Government Accountability Office.
To foster public trust, the Department of Justice will
develop training curriculum in collaboration with mental
health providers, law enforcement agencies, civil rights
organizations, and other stakeholders. The legislation would
provide funding for continuing education for law enforcement
officers to further refine their knowledge and tactical
skills beyond initial training requirements.
We support the passage of the Law Enforcement De-escalation
Training Act of 2022 as it would provide law enforcement
officers the training needed to carefully respond to the
needs of the community in a way that would promote human
dignity and strengthen public trust.
Sincerely,
Catholic Charities USA, Catholic Prison Ministry Coalition,
Committee on Domestic Justice and Human Development, United
States Conference of Catholic Bishops, Center for Public
Justice, Jesuit Conference Office of Justice and Ecology,
National Association of Evangelicals, National Latino
Evangelical Coalition, National Hispanic Christian Leadership
Coalition, Prison Fellowship.
____
American Conservative Union,
CPAC,
September 29, 2022.
Re S. 4003--Law Enforcement De-Escalation Training Act of
2022.
Hon. Jerrold Nadler,
Chairman, House Judiciary Committee,
Washington, DC.
Hon. Jim Jordan,
Ranking Member, House Judiciary Committee,
Washington, DC.
Dear Chairman Nadler and Ranking Member Jordan: The
American Conservative Union (``ACU'') is the nation's oldest
grassroots advocacy organization. Founded in 1964 by William
F. Buckley, we have a 50-plus-year track record of advancing
policies that reduce the size and scope of government,
advance liberty, and reduce burdens on families. Criminal
justice reform, if done properly, fits squarely within this
rubric.
ACU also strongly supports law enforcement. We have asked
our police officers to do more and more in recent years.
Today, our men and women in blue are not only cops putting
their lives on the line every day; they also serve as family,
marriage and addiction counselors, mental health responders,
and social workers, too. As a result, officers have day-to-
day interactions with people in crisis, and this often
escalates to the point that a use of force is necessary. De-
escalation is an important skillset for officer safety as
well as for those in crisis when they encounter law
enforcement.
Accordingly, we support the efforts of Senators John Cornyn
(R-TX) and Sheldon Whitehouse (D-RI) to ensure that funding
for de-escalation training is expanded. S. 4003 establishes
funding through the Byrne Justice Assistance Grant (``JAG'')
program totaling $90 million for two years to help state and
local law enforcement obtain de-escalation crisis
intervention training. This funding will be targeted to
smaller law enforcement departments that would otherwise lack
resources for this type of training.
It is notable that the curriculum will leverage the ``train
the trainer'' model to allow a significant increase in
training opportunities by having officers train their
colleagues. Not only is this an efficient use of resources,
it helps inculcate the lessons and values of de-escalation in
the culture of the departments funded by this program.
Finally, S. 4003 includes strong reporting and evaluation
requirements on grants for the Department of Justice, the
National Institute of Justice, and the Government
Accountability Agency. ACU believes the justice system must
be accountable for a wise use of tax dollars, and these
requirements will ensure that state and local law enforcement
are effectively using their grants to serve their communities
well.
We believe S. 4003 would be a prudent use of taxpayer
resources and as such, urge you to take this important
legislation up as soon as possible. Should S. 4003 come to
the floor, we will recommend to our colleagues at our sister
organization, the ACU Foundation's Center for Legislative
Accountability, to score this bill positively.
Thank you for your assistance with this matter. Should you
have any questions regarding this matter, please feel free to
contact me.
Respectfully,
David H. Safavian,
General Counsel.
____
National Fraternal Order
of Police,
April 8, 2022.
Hon. John Cornyn III,
U.S. Senate,
Washington, DC.
Hon. Sheldon Whitehouse,
U.S. Senate,
Washington, DC.
Dear Senators Cornyn and Whitehouse: I am writing on behalf
of the members of the Fraternal Order of Police to advise you
of our support for S. 4003, the ``Law Enforcement De-
escalation Training Act.''
Law enforcement officers face numerous challenges when
responding to threats against public safety, and not all of
these threats are necessarily criminal in nature. Police are
on the front lines and are often called to deal with
individuals experiencing mental illness, substance abuse
issues, or similar psychological impairments who may become
dangerous to themselves or to the public. Recent studies
found that as many as ten percent of all law enforcement
encounters involve individuals experiencing these issues. The
Substance Abuse and Mental Health Services Administration
(SAMHSA) has estimated that over 2 million individuals
arrested each year are struggling with a serious mental
illness.
Your legislation would address this issue by providing $70
million in annual grant funding from the Edward Byrne
Memorial Justice Assistance Grant (Byrne-JAG) to State and
local law enforcement agencies to train officers in de-
escalation tactics and alternatives to the use of force. The
U.S. Department of Justice's Office on Community Oriented
Policing Services (COPS), through consultation with State and
local law enforcement agencies, would be required to develop
a curriculum of relevant training topics, including de-
escalation tactics, use of force alternatives, establishing
and maintaining crisis intervention teams, as well as how to
safely respond to mental and behavioral health crises using
public benefits programs, housing assistance programs, and
other relevant services. The funding from this bill will be
used to cover the cost of training, attendance, overtime
fees, and the procurement of certifications. Additionally,
the National Institute of Justice (NIJ) and the Government
Accountability Office (GAO) would study and evaluate the
impacts of the training. This would ensure that the training
has a meaningful, tangible impact on law enforcement
encounters with individuals in crisis.
The implementation of de-escalation techniques would have a
tremendous positive impact on public safety and the
relationship between the public and law enforcement officers.
Numerous studies have shown that civilians base their
perceptions of law enforcement on their last encounter.
Providing officers with the skills and training to avoid
needless escalation of calls for service enable officers to
protect the public more effectively. This improved
communication will create a better police force and safer
communities.
On behalf of the more than 364,000 members of the Fraternal
Order of Police, we thank you both for your leadership on
this important issue. If I can provide any additional
information about this bill, please do not hesitate to
contact me or Executive Director Jim Pasco in our Washington,
DC office.
Sincerely,
Patrick Yoes,
National President.
____
Major Cities Chiefs Association,
April 5. 2022.
Hon. John Cornyn,
U.S. Senate,
Washington, DC.
Hon. Sheldon Whitehouse,
U.S. Senate,
Washington, DC.
Dear Senator Cornyn and Senator Whitehouse: I'm writing on
behalf of the Major Cities Chiefs Association (MCCA) to
register our support for S. 4003, the Law Enforcement De-
Escalation Training Act of 2022. The MCCA is a professional
organization of law enforcement executives representing the
largest cities in the United States and Canada.
The MCCA is a leader in national policy debates on policing
reform and, in January 2021, released a comprehensive report
that addressed a number of topics, including training. This
report recommended that all law enforcement officers undergo
training on de-escalation tactics.
De-escalation training is already a part of many MCCA
members' standard training curriculums. Law enforcement
training is quite expensive, however, and the Law Enforcement
De-Escalation Training Act will provide critical grant
funding to help offset the costs associated with de-
escalation training. Furthermore, MCCA members will also be
able to use these resources for continuing education, which
will help further enhance existing de-escalation training
programs.
Thank you for your leadership on this issue and your
continued support of law enforcement. Please do not hesitate
to contact me if the MCCA can be of additional assistance.
Sincerely,
Jeri Williams,
Chief, Phoenix Police Department,
President, Major Cities Chiefs Association.
[[Page H8618]]
____
October 14, 2022.
Hon. Karen Bass,
Washington, DC.
Hon. David Trone,
Washington, DC.
Hon. Darrell Issa,
Washington, DC.
Hon. Steve Chabot,
Washington, DC.
Dear Representatives Bass, Issa, Trone, and Chabot: Thank
you for championing America's mental health. The undersigned
national organizations representing consumers, family
members, mental health and substance use treatment providers,
advocates, and payers committed to strengthening access to
mental health care and substance use treatment write to voice
our strong support for H.R. 8637, the Law Enforcement De-
Escalation Training Act. We are grateful for your ongoing
commitment to our country's public safety officers and to
improving behavioral health crisis response.
This legislation comes at a moment of crisis in American
life. According to CDC data from August 2020 to February of
2021, over 4 in 10 adults reported experiencing anxiety or
depression. From 2009 to 2019, the number of high school
students reporting feelings of sadness or hopelessness
increased by 40%, the number of those seriously considering
suicide increased by 36%, and the share of high school
students creating a suicide plan increased by 44%. Nearly one
in twenty American adults (4.9%) report having had serious
thoughts of suicide in the last year. Providing law
enforcement with tools and resources to handle these mental
health crises is a common-sense solution to supporting our
officers and first responders while they carry out their duty
of protecting the public, as 6 to 10% of encounters with law
enforcement involve individuals dealing with a mental
illness.
As you know, the Law Enforcement De-Escalation Training Act
will direct the U.S. Attorney General to develop training
curricula to help educate law enforcement officers and
covered mental health professionals about how best to respond
to behavioral health crises. Such curricula will be developed
with the goal of promoting awareness of de-escalation
tactics, alternatives to use of force, and best practices to
safely respond to an individual experiencing a mental health
or suicidal crisis.
Through the existing Edward Byrne Memorial Justice
Assistance Grant (JAG) program, this legislation will help
state and local law enforcement agencies train public safety
officers to respond to mental health or suicidal crises. This
training will place an emphasis on scenario-based exercises,
testing, and follow-up evaluative assessments to ensure that
officers have the simulated experiences needed to respond in
real-life situations appropriately and effectively. It also
encourages collaboration between law enforcement units, local
mental health organizations, and healthcare services to
better integrate and plan training programs, and establishes
pathways for evaluating what works.
Law enforcement are a key partner in ensuring that every
person experiencing a mental health or suicidal crisis is
connected to the care they need. Training officers to
identify and de-escalate crises while avoiding use of force
will help improve outcomes for crisis situations. It is for
these reasons that we give H.R. 8637 our strong support.
We respectfully urge the swift passage of H.R. 8637, and we
look forward to continuing to work with you and your
colleagues to improve public safety responses to behavioral
health crises.
Sincerely,
2020 Mom, American Academy of Social Work and Social
Welfare, American Association for Psychoanalysis in Clinical
Social Work, American Association of Psychiatric Pharmacists,
American Association on Health and Disability, American
Foundation for Suicide Prevention, American Group
Psychotherapy Association, American Psychiatric Association,
American Psychological Association, Anxiety and Depression
Association of America, Association for Ambulatory Behavioral
Healthcare (AABH), Children and Adults with Attention-
Deficit/Hyperactivity Disorder.
Depression and Bipolar Support Alliance, Maternal Mental
Health Leadership Alliance, Meadows Mental Health Policy
Institute, NAADAC, the Association for Addiction
Professionals, National Alliance on Mental Illness (NAMI),
The National Alliance to Advance Adolescent Health, National
Association for Children's Behavioral Health, National Board
for Certified Counselors (NBCC), National Council for Mental
Wellbeing, National Eating Disorders Association, National
Federation of Families, National Network of Depression
Centers, RI International, Sandy Hook Promise.
Mr. Speaker, I rise in support of S. 4003, the ``Law Enforcement De-
escalation Training Act of 2022,'' a bipartisan bill that would improve
public safety and strengthen public trust in law enforcement.
S. 4003 would require the Department of Justice to develop de-
escalation training curriculum in consultation and collaboration with
mental health providers, law enforcement agencies, civil rights
organizations, and associations representing individuals with mental
health diagnoses and with disabilities.
There continues to be a need to improve the practices of law
enforcement officers and reduce use of force incidents. When
individuals are in crisis, police are often the first to respond.
Without the training necessary to recognize a mental health crisis,
interactions between law enforcement and civilians can escalate to
potentially deadly consequences.
As the country faces an epidemic of violence committed by officers
and the disproportionate impact that this violence has on people of
color, we remember the lives lost to police violence, including in my
community of Houston, Nicholas Chavez, who was killed by law
enforcement in 2020 while experiencing a mental health crisis.
Just this week we learned that two Colorado deputies who killed
Christian Glass in June have been indicted. Christian was experiencing
a mental health crisis when officers received a ``motorist assist''
call and is said to have posed no danger to the officers.
We must remember these lives and countless others as we stand ready
to pass this legislation, which would reduce use of force incidents,
keep our communities safe, and save the lives of civilians and law
enforcement officers.
Law enforcement officers must be equipped with the skills necessary
to interact with people with mental or behavioral health issues safely
and with compassion.
The numerous officer-involved encounters that ended badly, which we
know all too well, might have led to better outcomes if the officers
involved had known: 1) how to recognize that the individuals were in
crisis and suffering from the effects of mental health issues or
disabilities; 2) how to communicate with such individuals; and 3) how
to maximize officer and subject safety.
The Law Enforcement De-escalation Training Act would authorize $70
million in annual grant funding for training that includes improving
community-officer relations, deescalation and use of force, scenario-
based exercises, and follow-up evaluative assessments.
In addition, this bill would provide support to law enforcement
agencies to train and equip officers to respond to individuals in
crisis and connect them with the necessary mental and behavioral health
services.
It would also promote transparency by requiring grantees to evaluate
and provide reports on the application of deescalation tactics acquired
through the training by officers in the field.
S. 4003 is bipartisan legislation that would take meaningful steps
toward improving policing practices in America, increasing public
safety, and restoring trust between law enforcement and the communities
they serve.
I thank Representative (Mayor-elect) Karen Bass for her leadership on
the House companion--which I am proud to cosponsor along with a
bipartisan coalition of members--and encourage my colleagues on both
sides of the aisle to support it.
Mr. TIFFANY. Mr. Speaker, I urge my colleagues to oppose this bill,
and I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I yield myself the balance of my time to
close.
S. 4003 is bipartisan legislation that would improve training for law
enforcement officers, including using alternatives to force and de-
escalation tactics. This training will reduce use-of-force incidents
and improve officer and community safety.
I cannot imagine how anybody can think this will somehow increase
crime. Senator Cornyn, who is not known to be soft on crime, is the
major Senate sponsor.
I urge all Members to support it, and I yield back the balance of my
time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, S. 4003.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TIFFANY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________