Law Enforcement De-Escalation Training Act of 2022
Floor Speech
BREAK IN TRANSCRIPT
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 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 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.
``(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.''.
BREAK IN TRANSCRIPT
Mr. NADLER. 4003.
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.
BREAK IN TRANSCRIPT
Mr. NADLER. 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.
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.
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 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. ____ 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.
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.
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