[Congressional Record Volume 168, Number 194 (Wednesday, December 14, 2022)]
[House]
[Pages H9831-H9837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LAW ENFORCEMENT DE-ESCALATION TRAINING ACT OF 2022
Mr. NADLER. Madam Speaker, pursuant to House Resolution 1518, I call
up 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, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mrs. Hayes). Pursuant to House Resolution
1518, the bill is considered read.
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 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
[[Page H9832]]
State to offer training programs or courses certified under
paragraph (2)(A).
``(B) Continuing education.--The Attorney General shall
develop and implement continuing education requirements for
personnel from law enforcement agencies of States and units
of local government who receive training to offer training
programs or courses under subparagraph (A).
``(4) List.--Not later than 1 year after the Attorney
General completes the activities described in paragraphs (1)
and (2), the Attorney General shall publish a list of law
enforcement agencies of States and units of local government
employing law enforcement officers or using covered mental
health professionals who have successfully completed a course
using 1 or more of the training curricula developed or
identified under paragraph (1), or equivalents to such
training curricula, which shall include--
``(A) the total number of law enforcement officers that are
employed by the agency;
``(B) the number of such law enforcement officers who have
completed such a course;
``(C) whether personnel from the law enforcement agency
have been trained to offer training programs or courses under
paragraph (3);
``(D) the total number of covered mental health
professionals who work with the agency; and
``(E) the number of such covered mental health
professionals who have completed such a course.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection--
``(A) $3,000,000 for fiscal year 2023;
``(B) $20,000,000 for fiscal year 2024;
``(C) $10,000,000 for fiscal year 2025; and
``(D) $1,000,000 for fiscal year 2026.''.
(c) Byrne JAG Program.--Subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.) is amended--
(1) by redesignating section 508 as section 509; and
(2) by inserting after section 507 the following:
``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS.
``(a) Definition.--In this section, the term `certified
training program or course' means a program or course using 1
or more of the training curricula developed or identified
under section 1701(n)(1), or equivalents to such training
curricula--
``(1) that is provided by the Attorney General under
section 1701(n)(3); or
``(2) that is--
``(A) provided by a public or private entity, including the
personnel of a law enforcement agency or law enforcement
training academy of a State or unit of local government who
have been trained to offer training programs or courses under
section 1701(n)(3); and
``(B) certified by the Attorney General under section
1701(n)(2).
``(b) Authority.--
``(1) In general.--Not later than 90 days after the
Attorney General completes the activities required by
paragraphs (1) and (2) of section 1701(n), the Attorney
General shall, from amounts made available to fund training
programs pursuant to subsection (h), make grants to States
for use by the State or a unit of government located in the
State to--
``(A) pay for--
``(i) costs associated with conducting a certified training
program or course or, subject to paragraph (2), a certified
training program or course that provides continuing
education; and
``(ii) attendance by law enforcement officers or covered
mental health professionals at a certified training program
or course, including a course provided by a law enforcement
training academy of a State or unit of local government;
``(B) procure a certified training program or course or,
subject to paragraph (2), a certified training program or
course that provides continuing education on 1 or more of the
topics described in section 1701(n)(1)(A);
``(C) in the case of a law enforcement agency of a unit of
local government that employs fewer than 50 employees
(determined on a full-time equivalent basis), pay for the
costs of overtime accrued as a result of the attendance of a
law enforcement officer or covered mental health professional
at a certified training program or course for which the costs
associated with conducting the certified training program or
course are paid using amounts provided under this section;
``(D) pay for the costs of developing mechanisms to comply
with the reporting requirements established under subsection
(d), in an amount not to exceed 5 percent of the total amount
of the grant award; and
``(E) pay for the costs associated with participation in
the voluntary National Use-of-Force Data Collection of the
Federal Bureau of Investigation, in an amount not to exceed 5
percent of the total amount of the grant award, if a law
enforcement agency of the State or unit of local government
is not already reporting to the National Use-of-Force Data
Collection.
``(2) Requirements for use for continuing education.--
``(A) Definition.--In this paragraph, the term `covered
topic' means a topic covered under the curricula developed or
identified under clause (i), (ii), or (iv) of section
1701(n)(1)(A).
``(B) Requirement to provide initial training.--A State or
unit of local government shall ensure that all officers who
have been employed with the State or unit of local government
for at least 2 years have received training as part of a
certified training program or course on all covered topics
before the State or unit of local government uses amounts
received under a grant under paragraph (1) for continuing
education with respect to any covered topic.
``(C) Start date of availability of funding.--
``(i) In general.--Subject to clause (ii), a State or unit
of local government may not use amounts received under a
grant under paragraph (1) for continuing education with
respect to a covered topic until the date that is 2 years
after the date of enactment of the Law Enforcement De-
Escalation Training Act of 2022.
``(ii) Exception.--A State or unit of local government may
use amounts received under a grant under paragraph (1) for
continuing education with respect to a covered topic during
the 2-year period beginning on the date of enactment of the
Law Enforcement De-Escalation Training Act of 2022 if the
State or unit of local government has complied with
subparagraph (B) using amounts available to the State or unit
of local government other than amounts received under a grant
under paragraph (1).
``(3) Maintaining relationships with local mental health
organizations.--A State or unit of local government that
receives funds under this section shall establish and
maintain relationships between law enforcement officers and
local mental health organizations and health care services.
``(c) Allocation of Funds.--
``(1) In general.--Of the total amount appropriated to
carry out this section for a fiscal year, the Attorney
General shall allocate funds to each State in proportion to
the total number of law enforcement officers in the State
that are employed by the State or a unit of local government
within the State, as compared to the total number of law
enforcement officers in the United States.
``(2) Retention of funds for training for state law
enforcement officers proportional to number of state
officers.--Each fiscal year, each State may retain, for use
for the purposes described in this section, from the total
amount of funds provided to the State under paragraph (1) an
amount that is not more than the amount that bears the same
ratio to such total amount as the ratio of--
``(A) the total number of law enforcement officers employed
by the State; to
``(B) the total number of law enforcement officers in the
State that are employed by the State or a unit of local
government within the State.
``(3) Provision of funds for training for local law
enforcement officers.--
``(A) In general.--A State shall make available to units of
local government in the State for the purposes described in
this section the amounts remaining after a State retains
funds under paragraph (2).
``(B) Additional uses.--A State may, with the approval of a
unit of local government, use the funds allocated to the unit
of local government under subparagraph (A)--
``(i) to facilitate offering a certified training program
or course or, subject to subsection (b)(2), a certified
training program or course that provide continuing education
in 1 or more of the topics described in section 1701(n)(1)(A)
to law enforcement officers employed by the unit of local
government; or
``(ii) for the costs of training local law enforcement
officers, including through law enforcement training
academies of States and units of local government, to conduct
a certified training program or course.
``(C) Consultation.--The Attorney General, in consultation
with relevant law enforcement agencies of States and units of
local government, associations that represent individuals
with mental or behavioral health diagnoses or individuals
with disabilities, labor organizations, professional law
enforcement organizations, local law enforcement labor and
representative organizations, law enforcement trade
associations, mental health and suicide prevention
organizations, family advocacy organizations, and civil
rights and civil liberties groups, shall develop criteria
governing the allocation of funds to units of local
government under this paragraph, which shall ensure that the
funds are distributed as widely as practicable in terms of
geographical location and to both large and small law
enforcement agencies of units of local government.
``(D) Announcement of allocations.--Not later than 30 days
after the date on which a State receives an award under
paragraph (1), the State shall announce the allocations of
funds to units of local government under subparagraph (A). A
State shall submit to the Attorney General a report
explaining any delays in the announcement of allocations
under this subparagraph.
``(d) Reporting.--
``(1) Units of local government.--Any unit of local
government that receives funds from a State under subsection
(c)(3) for a certified training program or course shall
submit to the State or the Attorney General an annual report
with respect to the first fiscal year during which the unit
of local government receives such funds and each of the 2
fiscal years thereafter that--
``(A) shall include the number of law enforcement officers
employed by the unit of local government that have completed
a certified training program or course, including a certified
training program or course provided on or before the date on
which the Attorney General begins certifying training
programs and courses under section
[[Page H9833]]
1701(n)(2), the topics covered in those courses, and the
number of officers who received training in each topic;
``(B) may, at the election of the unit of local government,
include the number of law enforcement officers employed by
the unit of local government that have completed a certified
training program or course using funds provided from a source
other than the grants described under subsection (b), the
topics covered in those courses, and the number of officers
who received training in each topic;
``(C) shall include the total number of law enforcement
officers employed by the unit of local government;
``(D) shall include a description of any barriers to
providing training on the topics described in section
1701(n)(1)(A);
``(E) shall include information gathered through--
``(i) pre-training and post-training tests that assess
relevant knowledge and skills covered in the training
curricula, as specified in section 1701(n)(1); and
``(ii) follow-up evaluative assessments to determine the
degree to which participants in the training apply, in their
jobs, the knowledge and skills gained in the training; and
``(F) shall include the amount of funds received by the
unit of local government under subsection (c)(3) and a
tentative plan for training all law enforcement officers
employed by the unit of local government using available and
anticipated funds.
``(2) States.--A State receiving funds under this section
shall submit to the Attorney General--
``(A) any report the State receives from a unit of local
government under paragraph (1); and
``(B) if the State retains funds under subsection (c)(2)
for a fiscal year, a report by the State for that fiscal
year, and each of the 2 fiscal years thereafter--
``(i) indicating the number of law enforcement officers
employed by the State that have completed a certified
training program or course, including a certified training
program or course provided on or before the date on which the
Attorney General begins certifying training programs or
courses under section 1701(n)(2), the topics covered in those
courses, and the number of officers who received training in
each topic, including, at the election of the State, a
certified training program or course using funds provided
from a source other than the grants described under
subsection (b);
``(ii) indicating the total number of law enforcement
officers employed by the State;
``(iii) providing information gathered through--
``(I) pre-training and post-training tests that assess
relevant knowledge and skills covered in the training
curricula, as specified in section 1701(n)(1); and
``(II) follow-up evaluative assessments to determine the
degree to which participants in the training apply, in their
jobs, the knowledge and skills gained in the training;
``(iv) discussing any barriers to providing training on the
topics described in section 1701(n)(1)(A); and
``(v) indicating the amount of funding retained by the
State under subsection (c)(2) and providing a tentative plan
for training all law enforcement officers employed by the
State using available and anticipated funds.
``(3) Reporting tools.--Not later than 180 days after the
date of enactment of this section, the Attorney General shall
develop a portal through which the data required under
paragraphs (1) and (2) may be collected and submitted.
``(4) Reports on the use of de-escalation tactics and other
techniques.--
``(A) In general.--The Attorney General, in consultation
with the Director of the Federal Bureau of Investigation,
relevant law enforcement agencies of States and units of
local government, associations that represent individuals
with mental or behavioral health diagnoses or individuals
with disabilities, labor organizations, professional law
enforcement organizations, local law enforcement labor and
representative organizations, law enforcement trade
associations, mental health and suicide prevention
organizations, family advocacy organizations, and civil
rights and civil liberties groups, shall establish--
``(i) reporting requirements on interactions in which de-
escalation tactics and other techniques in curricula
developed or identified under section 1701(n)(1) are used by
each law enforcement agency that receives funding under this
section; and
``(ii) mechanisms for each law enforcement agency to submit
such reports to the Department of Justice.
``(B) Reporting requirements.--The requirements developed
under subparagraph (A) shall--
``(i) specify--
``(I) the circumstances under which an interaction shall be
reported, considering--
``(aa) the cost of collecting and reporting the
information; and
``(bb) the value of that information for determining
whether--
``(AA) the objectives of the training have been met; and
``(BB) the training reduced or eliminated the risk of
serious physical injury to officers, subjects, and third
parties; and
``(II) the demographic and other relevant information about
the officer and subjects involved in the interaction that
shall be included in such a report; and
``(ii) require such reporting be done in a manner that--
``(I) is in compliance with all applicable Federal and
State confidentiality laws; and
``(II) does not disclose the identities of law enforcement
officers, subjects, or third parties.
``(C) Review of reporting requirements.--Not later than 2
years after the date of enactment of this section, and every
2 years thereafter, the Attorney General, in consultation
with the entities specified under subparagraph (A), shall
review and consider updates to the reporting requirements.
``(5) Failure to report.--
``(A) In general.--An entity receiving funds under this
section that fails to file a report as required under
paragraph (1) or (2), as applicable and as determined by the
Attorney General, shall not be eligible to receive funds
under this section for a period of 2 fiscal years.
``(B) Rule of construction.--Nothing in subparagraph (A)
shall be construed to prohibit a State that fails to file a
report as required under paragraph (2), and is not eligible
to receive funds under this section, from making funding
available to a unit of local government of the State under
subsection (c)(3), if the unit of local government has
complied with the reporting requirements.
``(e) Attorney General Reports.--
``(1) Implementation report.--Not later than 2 years after
the date of enactment of this section, and each year
thereafter in which grants are made under this section, the
Attorney General shall submit a report to Congress on the
implementation of activities carried out under this section.
``(2) Contents.--Each report under paragraph (1) shall
include, at a minimum, information on--
``(A) the number, amounts, and recipients of awards the
Attorney General has made or intends to make using funds
authorized under this section;
``(B) the selection criteria the Attorney General has used
or intends to use to select recipients of awards using funds
authorized under this section;
``(C) the number of law enforcement officers of a State or
unit of local government who were not able to receive
training on the topics described in section 1701(n)(1)(A) due
to unavailability of funds and the amount of funds that would
be required to complete the training; and
``(D) the nature, frequency, and amount of information that
the Attorney General has collected or intends to collect
under subsection (d).
``(3) Privacy protections.--A report under paragraph (1)
shall not disclose the identities of individual law
enforcement officers who received, or did not receive,
training under a certified training program or course.
``(f) National Institute of Justice Study.--
``(1) Study and report.--Not later than 2 years after the
first grant award using funds authorized under this section,
the National Institute of Justice shall conduct a study of
the implementation of training under a certified training
program or course in at least 6 jurisdictions representing an
array of agency sizes and geographic locations, which shall
include--
``(A) a process evaluation of training implementation,
which shall include an analysis of the share of officers who
participated in the training, the degree to which the
training was administered in accordance with the curriculum,
and the fidelity with which the training was applied in the
field; and
``(B) an impact evaluation of the training, which shall
include an analysis of the impact of the training on
interactions between law enforcement officers and the public,
any factors that prevent or preclude law enforcement officers
from successfully de-escalating law enforcement interactions,
and any recommendations on modifications to the training
curricula and methods that could improve outcomes.
``(2) National institute of justice access to portal.--For
the purposes of preparing the report under paragraph (1), the
National Institute of Justice shall have direct access to the
portal developed under subsection (d)(3).
``(3) Privacy protections.--The study under paragraph (1)
shall not disclose the identities of individual law
enforcement officers who received, or did not receive,
training under a certified training program or course.
``(4) Funding.--Not more than 1 percent of the amount
appropriated to carry out this section during any fiscal year
shall be made available to conduct the study under paragraph
(1).
``(g) GAO Report.--
``(1) Study and report.--Not later than 3 years after the
first grant award using funds authorized under this section,
the Comptroller General of the United States shall review the
grant program under this section and submit to Congress a
report assessing the grant program, including--
``(A) the process for developing and identifying curricula
under section 1701(n)(1), including the effectiveness of the
consultation by the Attorney General with the agencies,
associations, and organizations identified under section
1701(n)(1)(C);
``(B) the certification of training programs and courses
under section 1701(n)(2), including the development of the
process for certification and its implementation;
``(C) the training of law enforcement personnel under
section 1701(n)(3), including the
[[Page H9834]]
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. The bill shall be debatable for 1 hour
equally divided and controlled by the chair and ranking minority member
of the Committee on the Judiciary or their respective designees.
The gentleman from New York (Mr. Nadler) and the gentleman from
Arizona (Mr. Biggs) each will control 30 minutes.
The Chair recognizes the gentleman from New York (Mr. Nadler).
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and insert 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. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, S. 4003, the Law Enforcement De-Escalation Training
Act of 2022, is bipartisan legislation that would improve training for
law enforcement officers, including training on using alternatives to
force and de-escalation tactics.
This bill was previously brought to the floor under suspension of the
rules, but it failed to garner the necessary two-thirds majority
support. I was disappointed to see some of my Republican colleagues
continue to lead efforts to withhold desperately needed training
resources from law enforcement officers.
I am hopeful that my colleagues on the other side of the aisle may
have had more time to consider the significance and importance of
passing this critical legislation to not only improve policing
practices through increased training, but also to make our communities
safer by ensuring individuals in crisis receive the help they need.
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 would 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 has broad support from law enforcement, mental
health, and community advocacy groups, and would improve public safety
by developing and implementing evidence-based de-escalation training
for law enforcement officers.
I thank Senator Cornyn for introducing this bill and former
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. BIGGS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to S. 4003, the Law Enforcement De-
Escalation Training Act of 2022, which would duplicate existing
programs.
S. 4003 creates a new Federal grant program to provide training for
law enforcement officers 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.
{time} 1845
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
tonight.
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 this crime epidemic, not fund
duplicative programs that would keep cops in cars.
Finally, this bill is yet another step in federalizing our local
police departments.
The bill imposes onerous reporting requirements that would be created
with input from liberal special interest groups which can amount to a
backdoor way to defund the police.
Law enforcement organizations that fail to meet rigorous reporting
requirements created by input from some organizations that advocated
for defunding the police would lose training funding under these
programs for 2 years.
Local policing is a function of local government. The Federal
Government should not be imposing its will over these departments and
expanding its spending program with this bill.
Mr. Speaker, I urge my colleagues to oppose this legislation, and I
reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Correa), a distinguished member of the Committee on the
Judiciary.
Mr. CORREA. Mr. Speaker, I rise today in strong support of the Law
Enforcement De-Escalation Act that will add additional funding for our
local police officers. In my local police agencies, they are asking for
this funding, they are asking for additional training.
[[Page H9835]]
Today, the job of a police officer goes beyond protecting our family.
Today, we are asking police officers, protect our families and address
mental health issues and address substance abuse issues and address the
issue of homelessness. We have watched in horror on television as
situations get out of control because police officers are not trained
to deal with these issues on a day-to-day basis.
It is time to make a difference. It is time to train our peace
officers to do the job that we hired them to do, which is protect our
families and to address the local issues, to address the new jobs that
we have asked them to take on.
This bill will assure that our peace officers are trained and
prepared to handle the situations they encounter on a day-to-day basis.
Mr. Speaker, I urge my colleagues to please support additional
funding that our local police officers and local police agencies are
asking for.
Mr. BIGGS. Mr. Speaker, I reserve the balance of my time.
Mr. NADLER. Mr. Speaker, I include in the Record letters in support
of this legislation from the Louisiana Sheriffs' Association, the Major
Cities Chiefs Association, the National Fraternal Order of Police, the
American Conservative Union, the American Academy of Social Work and
Social Welfare, the American Association for Psychoanalysis and
Clinical Social Work, the American Association of Psychiatric
Pharmacists, the American Association of Health and Disability, the
American Foundation for Suicide Prevention, the American Group
Psychotherapy Association, the American Psychiatric Association, the
American Psychological Association, the Anxiety and Depression
Association of America, the Association for Ambulatory Behavioral
Healthcare, the Children and Adults with Attention-Deficit/
Hyperactivity Disorder, Depression and Bipolar Support Alliance, the
Maternal Mental Health Leadership Alliance, the Meadows Mental Health
Policy Institute, NAADAC, the Association for Addiction Professionals,
the National Alliance on Mental Illness, the National Alliance to
Advance Adolescent Health, the National Association for Children's
Behavioral Health, the National Board for Certified Counselors, the
National Council for Mental Wellbeing, the National Eating Disorders
Association, the National Federation of Families, and National Network
of Depression Centers, Catholic Charities USA, Catholic Prison Ministry
Coalition, the Committee on Domestic Justice and Human Development,
United States Conference of Catholic Bishops, the Center for Public
Justice, the Jesuit Conference Office of Justice and Ecology, the
National Association of Evangelicals, the National Latino Evangelical
Coalition, National Hispanic Christian Leadership Coalition, and the
Prison Fellowship.
Louisiana Sheriffs' Association,
Baton Rouge, Louisiana, October 19, 2022.
Hon. Steve Scalise,
House of Representatives,
Washington, DC.
Dear Honorable Steve Scalise: On behalf of Louisiana's 64
sheriffs and the over 14,000 deputies they serve, I am
writing you today to express our strong support for the bi-
partisan Law Enforcement De-Escalation Training Act which
passed the Senate by Unanimous Consent on August 1, 2022.
This legislation seeks to amend the Omnibus Crime Control and
Safe Streets Act of 1968 to provide for training on
alternatives to use of force, including de-escalation and
mental and behavioral health and suicidal crises training.
As you know, Louisiana currently has a population of
approximately 4.52 million people. According to the most
recent Substance Abuse and Mental Health Services
Administration Behavioral Health Barometer, close to 5.6
percent of adults (253,120) in our state live with serious
mental health conditions such as schizophrenia, bipolar
disorder, and major depression. During 2017-2019, the annual
average prevalence of past-year serious thoughts of suicide
was 4.4 percent. Yet, only 39.5 percent of adults with mental
illness in Louisiana receive any form of treatment from
either the public system or private providers. The remaining
60.5 percent receive no mental health treatment. Furthermore,
according to Mental Health America, Louisiana is ranked 35th
out of the 50 states and Washington D.C. for providing access
to mental health services.
Despite our sheriffs best efforts to train our deputies in
incident response that includes deescalation, problem
solving, and mental health awareness, we are asking
Louisiana's law enforcement community to compensate for an
overworked mental and behavioral health system. If we are
going to ensure more citizens who are in need of mental
healthcare receive such care when they encounter a deputy, we
need to ensure our deputies have the tools and training to
help facilitate this transition to care. This is why the Law
Enforcement De-Escalation Training Act is so important.
For the first time, the Law Enforcement De-Escalation
Training Act would provide federal support for Louisiana's
sheriff offices to adopt de-escalation training to respond
more effectively to people suffering with a mental or
behavioral crises. It would require the Attorney General to
develop de-escalation training curricula, authorize annual
grant funding for training, evaluate implementation to
improve trainings and outcomes and foster greater
collaboration with community mental and behavioral support
centers. The legislation also enjoys the support ofthe
National Sheriffs' Association, the Major Country Sheriff's
Association, the National Criminal Justice Association along
with the National Association for Rural Mental Health, The
Anxiety and Depression Association of America, and the
Meadows Mental Health Policy Institute.
Senator John Cornyn, one of the lead sponsors of the Law
Enforcement De-Escalation Training Act put it best when he
stated ``We ask law enforcement in our communities to wear
too many hats, including that of mental health provider, and
they often do not have enough resources or training to
provide the level of care individuals in crisis need.'' With
your support, the House of Representatives has an opportunity
to fix this, and we hope it can do so before the end of the
year.
Thank you for your continued efforts in support of
Louisiana's law enforcement community. We look forward to
working with you to ensure this critical legislation's
enactment.
Sincerely,
Michael Ranatza,
Executive Director.
____
Major Cities Chiefs Association,
April 05, 2022.
Hon. John Cornyn,
U.S. Senate, Washington, DC.
Hon. Sheldon Whitehouse,
U.S. Senate, Washington, DC.
Dear Senator Cornyn and Senator Whitehouse: I am 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.
____
National Fraternal Order of Police,
Washington, DC, April 8, 2022.
Hon. John Cornyn III,
U.S. Senate, Washington, DC.
Hon. Sheldon Whitehouse,
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
[[Page H9836]]
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.
____
American Conservative Union,
Alexandria, Virginia, September 29, 2022.
Hon. Jerrold Nadler,
Chairman, House Judiciary Committee,
Washington, DC.
Hon. Jim Jordan,
Ranking Member, House Judiciary Committee Rayburn HOB
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.
Deescalation 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.
Respectfully,
David H. Safavian,
General Counsel.
____
August 3, 2022.
Office of Senator John Cornyn,
Hart Senate Office Building,
Washington, DC.
Office of 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 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.
Mr. NADLER. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Maryland (Mr. Trone), the sponsor of the legislation.
Mr. TRONE. Mr. Speaker, it is clear everybody supports this
legislation. All of my police departments, all of my sheriffs, all
support this legislation.
I urge my colleagues to pass the Law Enforcement De-Escalation
Training Act, a bill I am proud to co-lead with my friend, Los Angeles'
new mayor, Karen Bass.
By funding improved training for police calls involving individuals
suffering from mental or behavioral health issues, we make our
communities safer.
Up to 10 percent of all police encounters involve a person
experiencing serious mental health issues.
This bill will equip our officers with skills that better secure the
safety of our citizens and our first responders. That is what matters.
De-escalation improves the trust between law enforcement and the
community they are sworn to protect. That is what matters.
Building safer communities and protecting lives. That is what
matters.
After passing unanimously in the Senate, this effort deserves similar
support in the House. I thank Senators Cornyn and Whitehouse, and
Representatives Bass, Chabot, and Issa for their leadership on this
bill.
The SPEAKER pro tempore (Mr. Levin of Michigan). The time of the
gentleman has expired.
Mr. NADLER. Mr. Speaker, I yield an additional 30 seconds to the
gentleman.
Mr. TRONE. Mr. Speaker, it is time we do right by our officers in our
community.
Mr. BIGGS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as I offer this in closing and continue in our
opposition, we have programs that take care of this already, those that
are already expending $15 million. This has $130 million-
[[Page H9837]]
plus, and actually adds federalization of policing that's going to be
overseen by Federal agencies and special interests.
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.
Mr. Speaker, S. 4003 is bipartisan legislation that would improve
training for law enforcement officers, including training using
alternatives to force and de-escalation tactics. This training will
reduce use-of-force incidents and improve officer and community safety.
It passed the Senate unanimously. The most conservative Republican
Senators all voted for it. I read a long list of organizations
supporting it. The American Conservative Union is not a group noted for
profligate Federal spending.
Mr. Speaker, I urge my colleagues to have some perspective on this
bill.
Mr. Speaker, I urge all Members to support it, and I yield back the
balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1518, the
previous question is ordered on the bill.
The question is on the third reading of the bill.
The bill was ordered to be read a third time, and was read the third
time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. BIGGS. 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 question will be postponed.
____________________