Bill Summary
This bill, known as the Law Enforcement De-Escalation Training Act of 2020, aims to amend the Omnibus Crime Control and Safe Streets Act of 1968 in order to require training for law enforcement officers on alternatives to use of force, de-escalation, and handling behavioral health crises. This training would be developed by the Attorney General in consultation with various organizations and would be available through the COPS Program and the Byrne JAG Program. The bill also includes provisions for certifying entities that provide this training and for reporting on its effectiveness. It authorizes appropriations of $20 million for fiscal years 2021-2025 for the COPS Program and $50 million for fiscal years 2021-2025 for the Byrne JAG Program.
Possible Impacts
1) This legislation could provide more training and resources to law enforcement officers in responding to behavioral health crises, potentially improving outcomes for individuals with mental illness or substance abuse issues who may have otherwise been subject to use of force.
2) The legislation could also lead to increased transparency and accountability within law enforcement agencies by requiring them to report on the number of officers who have completed the training and any barriers to providing it.
3) However, the cost of implementing the training programs and hiring certified entities may result in budget cuts in other areas, potentially affecting access to other important community services or programs.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4064 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4064
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 behavioral health crises.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2020
Mr. Cornyn (for himself and Mr. Cassidy) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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 behavioral health crises.
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 2020''.
SEC. 2. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, 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;
and
``(30) the term `behavioral health crisis' means a
situation in which the behavior of a person puts the person at
risk of hurting himself or herself or others or prevents the
person from being able to care for himself or herself or
function effectively in the community, including a situation in
which a person is under the influence of a drug or alcohol, is
suicidal, or experiences symptoms of a mental illness.''.
(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 Behavioral Health Crises.--
``(1) Training curricula.--The Attorney General, in
consultation with relevant law enforcement agencies of States
and units of local government, labor organizations,
professional law enforcement organizations, and mental health
organizations, shall develop training curricula in--
``(A) alternatives to use of force and de-
escalation tactics; and
``(B) safely responding to a person experiencing a
behavioral health crisis, including techniques and
strategies that are designed to protect the safety of
the person experiencing the behavioral health crisis,
law enforcement officers, and the public.
``(2) Certified programs.--The Attorney General shall
establish a process to certify public and private entities that
offer courses in alternatives to use of force, de-escalation
tactics, and techniques and strategies for responding to a
behavioral health crisis using the training curricula
established under paragraph (1) or equivalents to the training
curricula established under paragraph (1).
``(3) Transitional regional training programs for state and
local agency personnel.--Until the end of fiscal year 2023, the
Attorney General shall, and thereafter may, provide regional
training to equip and certify personnel from law enforcement
agencies of States and units of local government in a State to
conduct training using the training curricula established under
paragraph (1).
``(4) List.--The Attorney General shall publish a list of
law enforcement agencies of States and units of local
government that employ officers who have successfully completed
a course described under paragraph (2) or (3), which shall
include--
``(A) the total number of law enforcement officers
employed by the agency;
``(B) the number of officers who have completed the
course; and
``(C) whether personnel from the law enforcement
agency are certified to conduct training.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000 for
each of fiscal years 2021 through 2025.''.
(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) Definitions.--In this section--
``(1) the term `approved course in alternatives to use of
force, de-escalation tactics, or techniques and strategies for
responding to a behavioral health crisis' means a course using
the training curricula established under section 1701(n)(1) or
equivalents to such training curricula--
``(A) provided by the Attorney General under
section 1701(n)(3); or
``(B) provided by a certified entity; and
``(2) the term `certified entity' means a public or private
entity that has been certified by the Attorney General under
section 1701(n)(2).
``(b) Authority.--The Attorney General shall, from amounts made
available to fund law enforcement training programs pursuant to
subsection (e), make grants to States for use by the State or a unit of
government located in the State to--
``(1) pay for costs associated with conducting the training
and for attendance by law enforcement personnel at an approved
course in alternatives to use of force, de-escalation tactics,
or techniques and strategies for responding to a behavioral
health crisis; and
``(2) procure training in alternatives to use of force, de-
escalation tactics, or techniques and strategies for responding
to a behavioral health crisis from a certified entity.
``(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 as compared to
the total number of law enforcement officers in the United
States.
``(2) Training for state law enforcement officers.--Each
State may retain from the total amount of funds provided to the
State for the purposes described in this section an amount that
is not more than the amount that bears the same ratio to the
total amount of funds 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
employed by the State and units of local government
within the State.
``(3) Training for local law enforcement officers.--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). At
the request of a unit of local government, the State may use an
amount of the funds allocated to the unit of local government
under this paragraph to facilitate training in alternatives to
use of force, de-escalation tactics, or techniques and
strategies for responding to a behavioral health crisis to law
enforcement officers employed by the unit of local government.
``(d) Reporting.--
``(1) Units of local government.--Any unit of local
government that receives funds from a State under subsection
(c)(3) shall submit to the State a report indicating--
``(A) the number of law enforcement officers that
have completed training described in this section;
``(B) the total number of law enforcement officers
employed by the unit of local government; and
``(C) any barriers to providing the training.
``(2) States.--Any State that receives funds under
subsection (c)(2) shall, after receiving the reports described
in paragraph (1), submit to the Attorney General--
``(A) such reports; and
``(B) a report by the State indicating--
``(i) the number of law enforcement
officers employed by the State that have
completed training described in this section;
``(ii) the total number of law enforcement
officers employed by the State; and
``(iii) any barriers to providing the
training.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2021 through 2025.''.
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