[117th Congress Public Law 325]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4441]]
Public Law 117-325
117th Congress
An Act
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. <<NOTE: Dec. 27,
2022 - [S. 4003]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Law Enforcement
De-Escalation Training Act of 2022. State and local governments.>>
SECTION 1. <<NOTE: 34 USC 10101 note.>> 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);
[[Page 136 STAT. 4442]]
``(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) <<NOTE: Deadline.>> 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) <<NOTE: Assessments.>> 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
[[Page 136 STAT. 4443]]
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) <<NOTE: Deadlines.>> 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 <<NOTE: Criteria.>>
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) <<NOTE: Time period.>> 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
[[Page 136 STAT. 4444]]
States and units of local government who receive
training to offer training programs or courses under
subparagraph (A).
``(4) <<NOTE: Deadline. Publication.>> 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) <<NOTE: Time periods.>> 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 <<NOTE: 42 USC 3758.>> as
section 509; and
(2) by inserting after section 507 the following:
``SEC. 508. <<NOTE: 34 USC 10159.>> 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) <<NOTE: Deadline. Grants.>> 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--
[[Page 136 STAT. 4445]]
``(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) <<NOTE: Contracts.>> 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) <<NOTE: Time period.>> 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.
[[Page 136 STAT. 4446]]
``(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
[[Page 136 STAT. 4447]]
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) <<NOTE: Deadline.>> 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). <<NOTE: Reports.>> 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) <<NOTE: Assessments.>> 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
[[Page 136 STAT. 4448]]
``(F) <<NOTE: Plan.>> 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) <<NOTE: Assessments.>>
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) <<NOTE: Plan.>> 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) <<NOTE: Portal.>> 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
[[Page 136 STAT. 4449]]
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) <<NOTE: Determination.>> 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
[[Page 136 STAT. 4450]]
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) <<NOTE: Evaluations.>> 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) <<NOTE: Analysis. Recommenda- tions.>> 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.--
[[Page 136 STAT. 4451]]
``(1) <<NOTE: Review.>> 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) <<NOTE: Time periods.>> 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.''.
Approved December 27, 2022.
LEGISLATIVE HISTORY--S. 4003:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
Aug. 1, considered and passed Senate.
Nov. 29, considered and failed House.
Dec. 14, considered and passed House.
<all>