I 

116TH CONGRESS 

2D SESSION H. R. 7137 

To prohibit the receipt of funds under the Edward Byrne Memorial State 

and Local Law Enforcement Assistance Program and associated grant 

programs by State and local government units that have failed to adopt 

use-of-force policies and other policies that meet minimum standards; 

require State and local government units that operate law enforcement 

training programs funded by the Byrne program and associated grant 

programs to train officers in de-escalation and mental health crisis intervention and to publicly disseminate use-of-force policies; to require the 

promulgation of protocols for the investigation and reporting of instances 

of the use of deadly force by Federal law enforcement officers; to provide 

for grants to community supervision offices for training in de-escalation 

techniques and to other personnel, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2020 

Mr. RICHMOND introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit the receipt of funds under the Edward Byrne 

Memorial State and Local Law Enforcement Assistance 

Program and associated grant programs by State and 

local government units that have failed to adopt useof-force policies and other policies that meet minimum 

standards; require State and local government units that 

operate law enforcement training programs funded by 

the Byrne program and associated grant programs to 

train officers in de-escalation and mental health crisis 


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intervention and to publicly disseminate use-of-force policies; to require the promulgation of protocols for the 

investigation and reporting of instances of the use of 

deadly force by Federal law enforcement officers; to provide for grants to community supervision offices for 

training in de-escalation techniques and to other personnel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Police Reform Act of 

5 2020’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Law enforcement officers in the United 

9 States have always been appropriately empowered to 

10 use force, including deadly force, when necessary to 

11 apprehend suspects, protect public safety, and re12 spond to imminent threats. The use of force by law 

13 enforcement, however, must be exercised with due 

14 regard to constitutional limits, proportionality, 

15 norms of human dignity, and the importance of har16 monious police-community relations. 

17 (2) In recent years, community unrest has been 

18 sparked by incidents where law enforcement officers 

19 have used excessive or disproportionate force, failed 

20 to deescalate encounters with civilians, or failed to 


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1 follow departmental policies and use-of-force mat2 rices, especially in communities of color. 

3 (3) Grassroots organizations like the National 

4 Association for the Advancement of Colored People, 

5 the American Civil Liberties Union, the National 

6 Council of La Raza, the National Urban League, 

7 National Congress of American Indians, and the Na8 tional Asian Pacific American Legal Consortium 

9 have monitored allegations of police misconduct, 

10 while membership organizations such as the Na11 tional Sheriffs’ Association, Fraternal Order of Po12 lice, and National Association of School Resource 

13 Officers have represented the interests of Federal, 

14 State, local, and Indian tribal law enforcement 

15 groups and with the civilian community on matters 

16 of common interest. 

17 (4) Where excessive or disproportionate force is 

18 employed by law enforcement officers, hostility is 

19 created between local communities and law enforce20 ment, reducing the effectiveness of efforts to reduce 

21 crime and promote public safety. 

22 (5) Police training in the United States is 

23 largely focused upon operational, investigatory, and 

24 tactical concerns, with less time and focus on issues 


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1 relating to proportionality in the use of force, de-es2 calation, and constitutional norms and limits. 

3 (6) Models for proportionate exercise of the use 

4 of force exist. For example, the Police Executive Re5 search Forum, a national organization of police offi6 cials, has developed guidelines advocating for a 

7 ‘‘guardian’’ model for policing. These principles 

8 stress respect for human life, more restrictive stand9 ards for the use of force, proportionality and de-es10 calation techniques, and transparent and inde11 pendent post-action investigations. 

12 (7) The issues surrounding law enforcement use 

13 of force are especially difficult when it comes to po14 lice interactions with persons undergoing mental 

15 health crises, which occurs in as much as 20 percent 

16 of all police-civilian encounters. Law enforcement 

17 training too often fails to prepare officers to deal ef18 fectively and compassionately with people with men19 tal health disorders or partner with mental health 

20 crisis interventionists or specialists. 

21 (8) Programs promoting alternative responses 

22 to mental health calls, including Crisis Intervention 

23 Training (CIT) programs, have had a substantial 

24 positive impact on police interactions with those un25 dergoing a mental health crisis or persons with physVerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137

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1 ical, developmental, or intellectual disabilities. In a 

2 CIT program, selected officers are trained to iden3 tify persons undergoing a crisis, employ de-esca4 lation techniques, and serve as liaison between police 

5 and mental health agencies, or partner with mental 

6 health responders outside the law enforcement agen7 cy. Studies have shown that CIT training is associ8 ated with reductions in arrests, increased diversions 

9 to mental health services, and positive changes in 

10 police attitudes and responses toward persons under11 going a mental health crisis. 

12 (9) Since 2017, the Federal Bureau of Inves13 tigation has administered the National Use-of-Force 

14 Data Collection, which seeks to compile data on po15 lice-civilian encounters that cause death or serious 

16 bodily injury, or where an officer discharges a weap17 on. Law enforcement officials have partnered with 

18 the FBI in creating this data collection method, in19 cluding the Association of State Criminal Investiga20 tive Agencies, Association of State Uniform Crime 

21 Reporting Programs, International Association of 

22 Chiefs of Police, Major Cities Chiefs Association, 

23 Major County Sheriffs of America, National Organi24 zation of Black Law Enforcement Executives, NaVerDate Sep 11 2014 02:36 Jul 11, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7137.IH H7137

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1 tional Sheriffs’ Association, and the Police Executive 

2 Research Forum. 

3 SEC. 3. MINIMUM STANDARDS FOR USE-OF-FORCE POLI4 CIES; USE-OF-FORCE REVIEW BOARDS; DE5 CERTIFICATION OF OFFICERS. 

6 (a) Notwithstanding any other provision of law, no 

7 State or unit of local government shall be eligible to re8 ceive funding under part E of title I of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 

10 et seq.) unless that State or unit of local government has 

11 adopted a use-of-force training policy that, in substantial 

12 effect and at a minimum, trains officers to adhere to the 

13 following standards and permits— 

14 (1) use of objectively reasonable and propor15 tionate force only to effect arrest, to prevent escape, 

16 or to overcome resistance; 

17 (2) use of deadly force only when the officer 

18 has an objectively reasonable belief, based on the to19 tality of the circumstances that such force is nec20 essary to— 

21 (A) defend against an imminent threat of 

22 death or serious bodily injury to the officer or 

23 to another person who is not the subject of the 

24 use of deadly force; 


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1 (B) apprehend a fleeing person for any 

2 suspected felony that threatened or resulted in 

3 death or serious bodily injury, if the officer rea4 sonably believes that the person will cause im5 minent death or serious bodily injury to another 

6 person who is not the subject of the use of 

7 deadly force, unless immediately apprehended; 

8 (C) where feasible, the officer shall, prior 

9 to the use of deadly force, make reasonable ef10 forts to identify themselves as a law enforce11 ment officer and to warn that deadly force may 

12 be used, unless the officer has objectively rea13 sonable grounds to believe the person is aware 

14 of those facts; and 

15 (D) law enforcement officers observing an 

16 encounter where they have reason to believe, 

17 based on the totality of the circumstances, that 

18 a violation of the use of the agency’s use of 

19 deadly force policy is occurring have a duty to 

20 intervene in order to prevent the use of deadly 

21 force in violation of the agency’s policy; and 

22 (3) for purposes of this subsection, in order for 

23 a State or unit of local government to be eligible to 

24 receive funding under this statute, its use-of-force 

25 training policies must, at a minimum, define— 


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1 (A) ‘‘deadly force’’ as any use of force that 

2 creates a substantial risk of causing death or 

3 serious bodily injury, including, but not limited 

4 to— 

5 (i) the discharge of a firearm; 

6 (ii) the use of carotid holds or blows; 

7 and 

8 (iii) upper vertebrae strikes and holds; 

9 (B) the threat of death or serious bodily 

10 injury as ‘‘imminent’’ when, based on the total11 ity of the circumstances, an objectively reason12 able officer in the same situation would believe 

13 that a person has the present ability, oppor14 tunity, and intent to presently cause death or 

15 serious bodily injury to the officer or another 

16 person who is not the subject of the use of 

17 deadly force; 

18 (C) the use of deadly force as ‘‘necessary’’ 

19 only when a law enforcement officer has an ob20 jectively reasonable belief, based on the totality 

21 of the circumstances, that death or serious bod22 ily injury will occur to the officer or to another 

23 person, who is not the subject of the use of 

24 deadly force, but for the use of deadly force. In 

25 determining whether deadly force is necessary, 


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1 a reasonable officer shall evaluate whether, 

2 under the totality of the circumstances, other 

3 means or techniques are available to prevent 

4 death or serious bodily injury and are feasible 

5 under the totality of the circumstances; and 

6 (D) the ‘‘totality of the circumstances’’ to 

7 mean all facts known to the officer at the time, 

8 including the conduct of the officer and the 

9 subject leading up to the use of deadly force. 

10 (b) USE-OF-FORCE REVIEW BOARDS.—Notwith11 standing any other provision of law, no State or unit of 

12 local government shall be eligible to receive funding under 

13 part E of title I of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3750 et seq.) unless that 

15 State or unit of local government has instituted a board 

16 (in this Act referred to as a ‘‘Review Board’’) to review 

17 incidents of the use of deadly force and allegations of the 

18 use of excessive force by law enforcement officers. 

19 (1) To meet the requirements of this Act, a Re20 view Board must— 

21 (A) consist of no more than 5 persons, and 

22 a majority of the membership of this Review 

23 Board must not be current or former members 

24 of a Federal, State, or local law enforcement 

25 agency; 


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1 (B) have the power, consistent with gov2 erning law, to subpoena documents or compel 

3 testimony; and 

4 (C) consistent with governing law regard5 ing the privacy of individuals, issue a written, 

6 publicly available summary or disposition of its 

7 proceedings. 

8 (2) At the discretion of the Attorney General, 

9 a State or unit of local government may be exempted 

10 from the requirements of this subsection of this Act 

11 for a period of up to 12 months from the enactment 

12 of this Act, which exemption may be renewed for an 

13 additional 12 months. 

14 (c) DECERTIFICATION OF OFFICERS.—Notwith15 standing any other provision of law, no State or unit of 

16 local government shall be eligible to receive funding under 

17 part E of title I of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3750 et seq.) unless that 

19 State or unit of local government has in place an adequate 

20 process or procedure to revoke the law enforcement officer 

21 or peace officer certification (as determined under State 

22 law) of any officer adjudged guilty or responsible, in any 

23 criminal, civil, or administrative proceeding, of causing 

24 death or serious bodily injury to any person in violation 


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1 of governing law or law enforcement agency use-of-force 

2 standards. 

3 (1) No later than 180 days after the enactment 

4 of this Act, the Attorney General shall issue guid5 ance regarding the requirements for the adequacy of 

6 a process or procedure to revoke law enforcement of7 ficer or peace officer certification under this provi8 sion, taking into account the due process rights of 

9 law enforcement officers and the substantive Con10 stitutional rights of civilians. 

11 (2) At the discretion of the Attorney General, 

12 a State or unit of local government may be exempted 

13 from the requirements of this subsection of this Act 

14 for a period of up to 12 months from the enactment 

15 of this Act, which exemption may be renewed for an 

16 additional 12 months. 

17 SEC. 4. DE-ESCALATION AND USE-OF-FORCE TRAINING. 

18 (a) TRAINING REQUIREMENT.—For each fiscal year 

19 after the expiration of the period specified in subsection 

20 (e) in which a State or unit of local government receives 

21 a grant under part E of title I of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

23 seq.), the State or unit of local government shall require 

24 that, for an appropriate amount of time so as to ensure 

25 effective training, all individuals enrolled in a training 


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1 academy of a law enforcement agency of the State or unit 

2 of local government and all law enforcement officers of the 

3 State or unit of local government fulfill a training session 

4 of no less than 16 hours on de-escalation techniques each 

5 fiscal year (or, in the case of an academy of a law enforce6 ment agency, a unit of no less than 24 hours) that at a 

7 minimum includes— 

8 (1) the use of alternative non-lethal methods of 

9 applying force and techniques that assist the officer 

10 in preventing escalation of any situation where force 

11 is likely to be used; 

12 (2) verbal and physical tactics to minimize the 

13 need for the use of force, with an emphasis on com14 munication, negotiation, de-escalation techniques, 

15 and slowing the pace of a police-civilian encounter; 

16 (3) the use of the lowest level of force that is 

17 a practical and safe response to an identified threat, 

18 with regular re-evaluation of the threat level 

19 throughout a police-civilian encounter; 

20 (4) principles of using distance, cover, and time 

21 when approaching and managing critical incidents, 

22 in order to create a reaction gap; 

23 (5) strategies for managing interactions with 

24 persons undergoing mental health crises, including 

25 at least one of— 


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1 (A) crisis intervention strategies drawn 

2 from established, evidence-based CIT programs 

3 to appropriately identify and respond to individ4 uals suffering from mental health or substance 

5 abuse issues, with an emphasis on de-escalation 

6 tactics and promoting effective communication; 

7 (B) strategies emphasizing the use of col8 laborative teams of mental health professionals 

9 and law enforcement officers co-responding to 

10 mental health calls; 

11 (C) mobile crisis team strategies empha12 sizing the use of teams of trained mental health 

13 professionals responding directly to mental 

14 health calls; or 

15 (D) crisis stabilization center strategies 

16 emphasizing the use and operation of special17 ized facilities that can receive people experi18 encing mental health crises and that law en19 forcement, collaborative and co-responder 

20 teams, mobile crisis teams and others can 

21 transport people to when responding to mental 

22 health calls; and 

23 (6) other evidence-based approaches, as found 

24 by the Attorney General, that enhance de-escalation 

25 skills and tactics. 


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1 (b) SCENARIO-BASED TRAINING.—Training de2 scribed in subsection (a) shall be conducted with an em3 phasis on training that employs theories of de-escalation 

4 techniques and applies them to practical on-the-job sce5 narios that law enforcement officers regularly encounter. 

6 (c) CROSS-TRAINING.—To the extent practicable, 

7 principles of training as described in subsection (a) shall 

8 be applied to other training conducted at an academy or 

9 by the State or unit of local government, including but 

10 not limited to training on Constitutional requirements. 

11 (d) Any State or unit of local government receiving 

12 funds pursuant to this Act shall designate at least one 

13 officer to serve as ‘‘resource officer’’ for purposes of the 

14 training described in subsection (a), who shall assist in 

15 developing and carrying out the training unit described in 

16 that subsection. To the extent practicable, this officer shall 

17 be trained at the Federal Bureau of Investigation Acad18 emy or substantially similar law enforcement training pro19 gram at least once every two years. The FBI Academy 

20 is directed to develop programs, consistent with the prin21 ciples described in subsection (a), to train resource officers 

22 to carry out their unit development and training duties 

23 within 180 days of the enactment of this Act. States or 

24 units of local government receiving funds pursuant to this 

25 Act shall allocate funds from grants received under this 


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1 Act to the extent practicable to facilitate FBI training of 

2 resource officers. 

3 (e) COMPLIANCE AND INELIGIBILITY.— 

4 (1) COMPLIANCE DATE.—Beginning not later 

5 than 1 year after the date of this Act, each State 

6 or unit of local government receiving a grant shall 

7 comply with subsection (a), except that at its discre8 tion the Attorney General may grant an additional 

9 12 months to a State or unit of local government to 

10 become compliant. 

11 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

12 year after the expiration of the period specified in 

13 paragraph (1), a State or unit of local government 

14 that fails to comply with subsection (a), shall be sub15 ject to a reduction of not less than 25 percent and 

16 not more than 40 percent of the funds (the precise 

17 reduction to be determined at the discretion of the 

18 Attorney General) that would otherwise be allocated 

19 for that fiscal year to the State or unit of local gov20 ernment under subpart 1 of part E of title I of the 

21 Omnibus Crime Control and Safe Streets Act of 

22 1968 (42 U.S.C. 3750 et seq.), whether character23 ized as the Edward Byrne Memorial State and Local 

24 Law Enforcement Assistance Programs, the Local 

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1 gram, the Edward Byrne Memorial Justice Assist2 ance Grant Program, or otherwise; except that, in 

3 the case of a State or unit of local government that 

4 fails to comply with subsection (a) in two consecu5 tive fiscal years, the reduction shall not be less than 

6 50 percent of such funds. 

7 (f) GRANT SCORING.—Office of Justice Programs 

8 shall give a priority in all grant programs to any State 

9 or unit of local government deemed fully compliant with 

10 the provisions of this Act. 

11 (g) REALLOCATION.—Amounts not allocated under a 

12 program referred to in subsection (e)(2) to a State or unit 

13 of local government for failure to fully comply with sub14 section (a) shall be reallocated under that program to 

15 States and units of local government that have not failed 

16 to comply with this section. 

17 (h) EVIDENCE-BASED PRACTICES.—For purposes of 

18 subsection (a), the Attorney General shall maintain a list 

19 of evidence-based practices it determines is successful in 

20 enhancing de-escalation skills of law enforcement officers, 

21 as compiled by the Police Executive Research Forum (or 

22 other organization or organizations as designated by the 

23 Attorney General). The Attorney General shall regularly 

24 update this list as needed and shall publish the list to the 

25 public on a yearly basis in the Federal Register. 


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1 (i) DATA COLLECTION AND REPORTING.—For each 

2 fiscal year after the expiration of the period specified in 

3 subsection (e) in which a State or unit of local government 

4 receives a grant under part E of title I of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

6 3750 et seq.), the State or unit of local government receiv7 ing funds under this Act shall report data on use-of-force 

8 incidents pursuant to the National Use-of-Force Data Col9 lection administered by the Federal Bureau of Investiga10 tion. State and units of local government that already col11 lect such data in a format and manner comparable to the 

12 National Use-of-Force Data Collection shall be eligible to 

13 report that data pursuant to their existing system of data 

14 collection, at the discretion of the Attorney General. The 

15 Attorney General shall, within five years of enactment of 

16 this Act, undertake a comprehensive analysis of the effect 

17 of this Act on instances and rates of use of force among 

18 States and units of local government receiving funding 

19 under this Act, which analysis shall be released to the pub20 lic. 

21 (j) USE-OF-FORCE POLICIES; DEVELOPMENT AND

22 PUBLIC AVAILABILITY.—For each fiscal year after the ex23 piration of the period specified in subsection (e) in which 

24 a State or unit of local government receives a grant under 

25 part E of title I of the Omnibus Crime Control and Safe 


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1 Streets Act of 1968 (42 U.S.C. 3750 et seq.), the State 

2 or unit of local government receiving funds under this Act 

3 shall— 

4 (1) develop and adopt a use-of-force policy that 

5 is consistent with the principles and techniques iden6 tified in subsection (a) and that identifies the appro7 priate uses of, at the least— 

8 (A) blunt impact force by baton or projec9 tile; 

10 (B) chemical sprays or projectiles; 

11 (C) conducted energy devices or ‘‘tasers’’; 

12 (D) unleashed canines; 

13 (E) vehicle strikes; 

14 (F) chokeholds; and 

15 (G) potentially lethal force; 

16 (2) submit that policy to the Attorney General 

17 for a determination that this policy is consistent 

18 with the principles and techniques identified in sec19 tions 3 and 4 of this Act and otherwise meets the 

20 requirements of this Act; and 

21 (3) upon the determination of the Attorney 

22 General that the use-of-force policy is compliant, the 

23 State or unit local government shall post that use24 of-force policy on its public website, or if it does not 


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1 maintain a public website, otherwise make the policy 

2 reasonably available to members of the public. 

3 SEC. 5. INVESTIGATIONS OF USE OF DEADLY FORCE BY 

4 LAW ENFORCEMENT. 

5 (a) Not later than 180 days after the enactment of 

6 this Act, the Attorney General shall develop a formal 

7 mechanism by which States and units of local government 

8 receiving funds pursuant to this Act can request that the 

9 Attorney General direct the Federal Bureau of Investiga10 tion (or other appropriate Federal law enforcement agen11 cy) to assist with the investigation of an incident of use 

12 of force, which request shall not be unreasonably denied, 

13 and shall issue guidance for the manner of conducting 

14 such investigations, including the release of officer-worn 

15 body camera footage and the manner of reporting the find16 ings of such investigations to State and local units of gov17 ernment or prosecutorial bodies, as appropriate. 

18 (b) Notwithstanding any other provision of law, no 

19 State or unit of local government shall be eligible to re20 ceive funding under part E of title I of the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (42 U.S.C. 3750 

22 et seq.) unless that State or unit of local government has 

23 amended any law, policy, or agreement that shields infor24 mation related to officer use of force or disciplinary 

25 records from public view. 


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1 (c) Nothing in this Act shall be construed as limiting, 

2 modifying, or otherwise amending the Attorney General’s 

3 power to investigate and/or bring an enforcement action 

4 against State and local units of government or law en5 forcement agencies under any other provision of law. 

6 SEC. 6. JUSTICE ASSISTANCE GRANTS FOR COMMUNITY SU7 PERVISION PROGRAMS; SUPPORT FOR PER8 SONNEL. 

9 (a) Title 34 of United States Code section 

10 10152(a)(1) is amended to add the following provision: 

11 ‘‘(I) Community supervision programs, for support of evi12 dence-based supervision techniques.’’ 

13 (b) For Justice Assistance Grants made pursuant to 

14 the above provision, priority shall be given to programs 

15 to provide training to community supervision officers con16 sistent with the de-escalation techniques and principles de17 scribed in section 4 of this Act. 

18 (c) In each State making subgrants pursuant to the 

19 Justice Assistance Grants program, whether characterized 

20 as the Edward Byrne Memorial State and Local Law En21 forcement Assistance Programs, the Local Government 

22 Law Enforcement Block Grants Program, the Edward 

23 Byrne Memorial Justice Assistance Grant Program, or 

24 otherwise, to support the salaries of personnel in part or 

25 in whole, not less than 10 percent of the total amount 


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1 of salary support shall be expended in support of behav2 ioral or mental health specialists, assessment and evalua3 tion specialists, reentry services specialists, public defend4 ers, or any other mental or behavioral health department 

5 personnel required to execute programs described in sub6 section 4(a)(5) of this Act. 

7 SEC. 7. DEVELOPMENT OF NATIONAL LAW ENFORCEMENT 

8 ACADEMY. 

9 Not later than 365 days after the date of enactment 

10 of this Act, the Director of the FBI shall present a plan 

11 to develop the National Law Enforcement Academy. The 

12 National Law Enforcement Academy is intended to be a 

13 ninety-day residential college for best practices training 

14 for local law enforcement officers. 

15 SEC. 8. ATTORNEY GENERAL GUIDANCE. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Attorney General shall issue guidance for 

18 the benefit of States and units of local government on 

19 compliance with the requirements of this Act. 

Æ 


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