Law Enforcement De-Escalation Training Act of 2022

Floor Speech

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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.

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Mr. NADLER. 4003.

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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.
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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 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. 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.

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