II 

117TH CONGRESS 

1ST SESSION S. 2046 

To provide for a Community-Based Emergency and Non-Emergency Response 

Grant Program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 14, 2021 

Mr. VAN HOLLEN (for himself, Mr. MERKLEY, Ms. BALDWIN, and Mr. 

BROWN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To provide for a Community-Based Emergency and NonEmergency Response Grant Program. 

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 ‘‘Community-Based Re5 sponse Act of 2021’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to provide an additional option beyond law 

9 enforcement for community-based emergency and 


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1 non-emergency response for covered populations in 

2 need of help or support, in order to— 

3 (A) target the best professional interven4 tion to an individual in need of help or support; 

5 and 

6 (B) avoid escalation of a crisis situation— 

7 (i) that may not require a response 

8 from law enforcement; and 

9 (ii) to which a law enforcement re10 sponse can create increased risk of harm; 

11 and 

12 (2) establishing a grant program to provide 

13 that additional response option by awarding funding 

14 to partnerships described in section 5(a). 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) COMMUNITY MENTAL HEALTH CENTER.— 

18 The term ‘‘community mental health center’’ has the 

19 meaning given the term in section 1861 of the Social 

20 Security Act (42 U.S.C. 1395x). 

21 (2) COVERED COMMUNITY-BASED ORGANIZA22 TION.—The term ‘‘covered community-based organi23 zation’’ means an organization that meets the re24 quirements of section 5(b). 


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1 (3) COVERED POPULATION.—The term ‘‘cov2 ered population’’ means— 

3 (A) individuals who are racial or ethnic mi4 norities or members of an Indian tribe; 

5 (B) immigrants, including undocumented 

6 immigrants, immigrants who have recently en7 tered the United States, and refugees; 

8 (C) individuals with limited English pro9 ficiency, meaning their primary language for 

10 communication is not English and communica11 tion with emergency responders may be dif12 ficult; 

13 (D) individuals who are age 60 or older 

14 and determined to be likely to be— 

15 (i) vulnerable to abuse; or 

16 (ii) experiencing health challenges; 

17 (E) people with disabilities, as defined in 

18 section 3 of the Americans with Disabilities Act 

19 of 1990 (42 U.S.C. 12102); 

20 (F) people in the LGBTQIA+ community; 

21 (G) people who are likely to face dispropor22 tionate or discriminatory law enforcement con23 tact; 

24 (H) people who are or were involved in the 

25 criminal justice system; 


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1 (I) homeless persons, as defined in section 

2 103 of the McKinney-Vento Homeless Assist3 ance Act (42 U.S.C. 11302); 

4 (J) people facing or with a history of men5 tal or behavioral health crises or who need 

6 check-ins for health, safety, or substance use 

7 disorder reasons; 

8 (K) people experiencing family violence or 

9 domestic violence under the laws of the jurisdic10 tion involved, or dating violence; 

11 (L) victims of child abuse and children ex12 posed to violence; 

13 (M) people who are likely to be engaged in 

14 or to experience violence in the community; 

15 (N) people with, or recovering from, a sub16 stance use disorder; 

17 (O) current and former foster youth; 

18 (P) youth who are or were involved in the 

19 juvenile justice system; 

20 (Q) victims of conduct described in section 

21 1591 or 2251 of title 18, United States Code; 

22 (R) people who engage in acts defined in 

23 paragraph (4) of section 103 of the Trafficking 

24 Victims Protection Act of 2000 (22 U.S.C. 

25 7102); 


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1 (S) adult survivors of sexual assault, as de2 fined under the laws of the jurisdiction in3 volved; 

4 (T) victims of trafficking, as defined in 

5 section 103 of the Trafficking Victims Protec6 tion Act of 2000; 

7 (U) out-of-school youth; and 

8 (V) people in an acute crisis not covered 

9 under subparagraphs (A) through (U). 

10 (4) DATING VIOLENCE.—The term ‘‘dating vio11 lence’’ has the meaning given the term in section 

12 40002(a) of the Violence Against Women Act of 

13 1994 (34 U.S.C. 12291(a)). 

14 (5) IMMIGRATION TERMS.— 

15 (A) IMMIGRANT.—The term ‘‘immigrant’’ 

16 means an alien who has entered the United 

17 States. 

18 (B) UNDOCUMENTED IMMIGRANT.—The 

19 term ‘‘undocumented immigrant’’ means an 

20 alien who is unlawfully present in the United 

21 States. 

22 (6) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

23 The terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ 

24 have the meanings given the terms in section 4 of 


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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 5304). 

3 (7) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ means— 

5 (A) such an institution as defined in sec6 tion 101 of the Higher Education Act of 1965 

7 (20 U.S.C. 1001); and 

8 (B) a tribally controlled college or univer9 sity as defined in section 2 of the Tribally Con10 trolled Colleges and Universities Assistance Act 

11 of 1978 (25 U.S.C. 1801). 

12 (8) OUT-OF-SCHOOL YOUTH.—The term ‘‘out13 of-school youth’’ means an individual who is— 

14 (A) not attending any school (as defined 

15 under State law); 

16 (B) not younger than age 16 or older than 

17 age 24; and 

18 (C) one or more of the following: 

19 (i) A young person who has dropped 

20 out of school. 

21 (ii) A youth who is within the age of 

22 compulsory school attendance, but has not 

23 attended school for at least the most recent 

24 complete school year calendar quarter. 


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1 (iii) A recipient of a secondary school 

2 diploma or its recognized equivalent who is 

3 a low-income individual and is either basic 

4 skills deficient or an English language 

5 learner (as such 3 terms are defined in 

6 section 3 of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3102)). 

8 (iv) An individual who is subject to 

9 the criminal justice system. 

10 (v) An individual who experiences 

11 homelessness, a homeless child or youth, or 

12 a runaway. 

13 (vi) An individual— 

14 (I) who is in foster care, who has 

15 aged out of the foster care system, or 

16 who has attained 16 years of age and 

17 left foster care for kinship guardian18 ship or adoption; 

19 (II) who is a child eligible for as20 sistance under section 477 of the So21 cial Security Act (42 U.S.C. 677); or 

22 (III) who is a child in an out-of23 home placement. 

24 (vii) An individual who is pregnant or 

25 parenting. 


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1 (viii) An individual with a disability 

2 (as defined in section 3 of the Workforce 

3 Innovation and Opportunity Act (29 

4 U.S.C. 3102)). 

5 (ix) A low-income individual (as de6 fined in that section 3) who requires addi7 tional assistance to enter or complete an 

8 educational program or to secure or hold 

9 employment. 

10 (9) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of Health and Human Services, acting 

12 through the Administrator of the Administration for 

13 Community Living and in consultation with the As14 sistant Secretary for Mental Health and Substance 

15 Use, the Secretary of Housing and Urban Develop16 ment, and the Attorney General. 

17 (10) SUBSTANCE USE DISORDER.—The term 

18 ‘‘substance use disorder’’ means such a disorder 

19 within the meaning of title V of the Public Health 

20 Service Act (42 U.S.C. 290aa et seq.). 

21 SEC. 4. ESTABLISHMENT OF GRANT PROGRAM. 

22 The Secretary shall establish a Community-Based 

23 Emergency and Non-Emergency Response Grant Program 

24 to improve community-based emergency and non-emer25 gency response for public safety and problem solving, and 


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1 to promote the safety and well-being of the populations 

2 and communities served under the program by— 

3 (1) identifying eligible organizations with dem4 onstrated capacity for emergency and non-emergency 

5 response work, including violence interruption, com6 munity mediation, and crisis behavioral health re7 sponse, who are capable of providing, and increasing 

8 the capacity of the localities to provide, emergency 

9 and non-emergency response for specified covered 

10 populations; 

11 (2) developing a local infrastructure of systems 

12 and resources needed to develop, implement, and 

13 sustain effective interventions to protect the mental 

14 and physical well-being of members of the commu15 nity, prevent violence, de-escalate volatile situations, 

16 ensure access to human services, protect property 

17 and the environment, reduce law enforcement use of 

18 force, and ensure the health and safety of commu19 nities, while decreasing the sole reliance on law en20 forcement for emergency and non-emergency situa21 tions; 

22 (3) creating and strengthening formal and in23 formal partnerships, for such purposes as providing 

24 solutions and committing resources to sustain and 


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1 scale up successful models of community-based 

2 emergency and non-emergency response; and 

3 (4) providing timely evaluation to clarify the 

4 outcomes and costs of the program, and the new 

5 interventions and service models provided through 

6 the program, for service recipients and law enforce7 ment. 

8 SEC. 5. ELIGIBLE PARTNERSHIPS. 

9 (a) IN GENERAL.—To be eligible to receive a grant 

10 under this title Act, an entity shall be a partnership of— 

11 (1)(A) a unit of local government (or its con12 tractor), or Indian tribe or tribal organization, act13 ing through an entity that is independent of any law 

14 enforcement agency; and 

15 (B) a covered community-based organization; 

16 and 

17 (2) if applicable, a nonprofit or public institu18 tion of higher education, community mental health 

19 center, or behavioral health organization. 

20 (b) COMMUNITY-BASED ORGANIZATION.—A commu21 nity-based organization referred to in subsection (a)(1) 

22 shall be a nonprofit community-based organization, a con23 sortium of nonprofit community-based organizations, a 

24 national nonprofit organization acting as an intermediary 

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1 based organization that has a fiscal sponsor that allows 

2 the organization to function as an organization that is de3 scribed in section 501(c)(3) of the Internal Revenue Code 

4 of 1986 and exempt from taxation under section 501(a) 

5 of that Code. 

6 SEC. 6. PLANNING GRANTS. 

7 (a) IN GENERAL.—In carrying out the Program, the 

8 Secretary shall use not more than 10 percent of the 

9 amount appropriated under section 13(1) to make plan10 ning grants to eligible partnerships to engage, with mean11 ingful participation from the covered populations and cov12 ered community-based organizations involved, in com13 prehensive design of a community response plan, in order 

14 to prepare a high-quality application for an initiation 

15 grant. 

16 (b) APPLICATION.—To be eligible to receive a plan17 ning grant under this section, an eligible partnership shall 

18 submit to the Secretary a planning application at such 

19 time, in such manner, and containing such information as 

20 the Secretary may require, including information on— 

21 (1) the covered populations that will be con22 sulted through the planning process; 

23 (2) how the partnership will engage entities 

24 that are led by the covered populations; and 


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1 (3) how the partnership will solicit and confirm 

2 support from covered populations and community 

3 stakeholders in the plan. 

4 SEC. 7. INITIATION AND CONTINUATION GRANTS. 

5 (a) INITIATION GRANTS.—In carrying out the Pro6 gram, the Secretary shall make initiation grants to not 

7 fewer than 40 eligible partnerships, including not fewer 

8 than 4 eligible partnerships that include Indian tribes or 

9 tribal organizations, of which not fewer than 2 shall be 

10 eligible partnerships led by an Indian tribe or tribal orga11 nization, to carry out projects to meet the objectives de12 scribed in subsection (a). The Secretary shall make the 

13 grants for periods of 5 years. The Secretary shall make 

14 the grants to partnerships in geographically diverse areas, 

15 including urban and rural communities, and in commu16 nities with varying population sizes. 

17 (b) CONTINUATION GRANTS.— 

18 (1) IN GENERAL.—In carrying out the Pro19 gram, the Secretary shall make continuation grants 

20 to eligible partnerships who are recipients of the ini21 tiation grants and who are determined by the Sec22 retary to be in good standing on completion of the 

23 grant period for those grants, to pay for the Federal 

24 share of the cost of carrying out projects to meet the 

25 objectives described in subsection (a). The Secretary 


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1 shall make the continuation grants for periods of 2 

2 years. 

3 (2) NON-FEDERAL SHARE.—The non-Federal 

4 share of the costs described in this subsection shall 

5 be 25 percent. The eligible partnership receiving 

6 such a continuation grant shall provide the non-Fed7 eral share from State, tribal, local, or private 

8 sources. 

9 SEC. 8. INITIATION AND CONTINUATION GRANT APPLICA10 TIONS. 

11 (a) IN GENERAL.—To be eligible to receive an initi12 ation or continuation grant under section 7 for a project, 

13 a partnership shall submit an application (which, for a 

14 continuation grant, shall be an update of the partnership’s 

15 initiation grant application) to the Secretary, at such time, 

16 in such manner, and containing such information as the 

17 Secretary may require, including— 

18 (1) information that specifies in detail— 

19 (A) the covered populations that the part20 nership will target for services under this Act; 

21 (B) the experience of the members of the 

22 partnership in successfully working in the com23 munity to be served and partnering with the 

24 target populations, including— 


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1 (i) for a partnership that includes an 

2 Indian tribe or tribal organization, an un3 derstanding of tribal sovereignty; and 

4 (ii) for a partnership not described in 

5 clause (i), the partnership’s understanding 

6 of racial equity, systems of oppression, and 

7 the impact of structural racism on the 

8 community and population to be served, 

9 the partnership’s commitment to pro10 moting anti-racism, anti-bias, and equity, 

11 dismantling such systems, and reducing 

12 such impact, and an established record of 

13 accomplishment in improving outcomes or 

14 preventing, reducing, or eliminating inequi15 ties in that community; 

16 (C) how the grant funds will be used; 

17 (D) the expertise of the partnership, in18 cluding its staff, in implementing the project to 

19 provide the proposed services; 

20 (E) how the partnership will implement or 

21 develop practices with clear methods of evalua22 tion, including development of culturally in23 formed practices, in carrying out the project, 

24 including references to applicable research or 

25 demonstrated practices; and 


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1 (F) the partnership’s plan for gathering 

2 feedback from service recipients about the qual3 ity of the services, including contacts and re4 sources, provided through the project; and 

5 (2) a memorandum of understanding that— 

6 (A) identifies each partner (including each 

7 agency of the unit of local government or In8 dian tribe or tribal organization, as applicable, 

9 involved) and is signed by a representative of 

10 each partner in the partnership carrying out 

11 the project; and 

12 (B) outlines— 

13 (i) the partnership’s engagement with 

14 the community, including members of the 

15 covered population, and the role the en16 gagement played in developing the project; 

17 (ii) the financial and programmatic 

18 commitment of each partner, and the spe19 cific role of a law enforcement agency if in20 volved in a backup role; 

21 (iii) the responsibilities of emergency 

22 dispatch operators, dispatchers, and part23 ners in the national 911 system, in prop24 erly identifying calls in the community to 

25 be served necessitating a community-based 


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1 emergency and non-emergency response 

2 and directing those calls to appropriate re3 sponders; 

4 (iv) the responsibilities of information 

5 and referral systems for essential commu6 nity services (accessed in most localities by 

7 dialing 211) and the National Suicide Pre8 vention Hotline (to be accessed by dialing 

9 988) for participating in efficiently routing 

10 direct callers to services; 

11 (v) the responsibilities of each partner 

12 with respect to data collection and evalua13 tion; 

14 (vi) how each partner’s existing (as of 

15 the date of submission of the application) 

16 vision, theory of change, theory of action, 

17 anti-racist and anti-bias practice, and ac18 tivities align with those of the grant pro19 gram set forth in this Act; 

20 (vii) the governance structure pro21 posed for the project, including a system 

22 for holding partners accountable; 

23 (viii) how the eligible partners’ gov24 erning boards or advisory boards, and 


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1 emergency responders, are representative 

2 of the community to be served; 

3 (ix) how a structure through which 

4 residents of the community and grassroots 

5 organizations will have an active role in the 

6 eligible partnership’s decision making; 

7 (x) how the partnership anticipates 

8 that the project involved will decrease the 

9 responsibilities of local law enforcement, 

10 including responsibilities related to polic11 ing, arrests, and incarceration, and of 

12 other public safety entities; 

13 (xi) any voluntary, community-based 

14 mental health services and other support 

15 services that the partnership is committing 

16 to provide; 

17 (xii) any State or local laws that may 

18 be an impediment to implementation of the 

19 project; and 

20 (xiii) any other information the Sec21 retary reasonably determines to be nec22 essary. 

23 (b) PRIORITY.—In making initiation and continu24 ation grants under section 7, the Secretary shall give pri25 ority to— 


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1 (1) eligible partnerships that include covered 

2 community-based organizations with a documented 

3 record of effectively serving 1 or more covered popu4 lations; 

5 (2) eligible partnerships that include covered 

6 community-based organizations that are led by indi7 viduals who are members of the covered populations 

8 to be served; 

9 (3) eligible partnerships that include a unit of 

10 local government that commits to increasing re11 sources for community-based mental health services 

12 and housing, with the goals of— 

13 (A) reducing the incarceration and death 

14 of persons with a mental illness or an intellec15 tual or developmental disability; and 

16 (B) increasing referrals of persons with a 

17 mental illness or an intellectual or develop18 mental disability to voluntary, community-based 

19 mental health services and other support serv20 ices (rather than institutionalization); and 

21 (4) eligible partnerships that have successfully 

22 executed planning under a planning grant. 

23 (c) CONSIDERATION.—In reviewing applications for 

24 grants described in section 7, the Secretary shall consider 


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1 applications with innovative proposals and clear methods 

2 of evaluation. 

3 SEC. 9. USE OF FUNDS. 

4 (a) IN GENERAL.—An eligible partnership that re5 ceives a grant under section 7 for a project may use the 

6 grant funds for— 

7 (1) project planning and community engage8 ment; 

9 (2) project implementation; 

10 (3) staffing and recruitment; 

11 (4) facilities; 

12 (5) operational costs, including costs of startup 

13 or expansion activities, marketing, language trans14 lation, and transportation; 

15 (6) engagement with technical assistance pro16 viders; 

17 (7) consulting services; 

18 (8) training; 

19 (9) program and project evaluation, including 

20 evaluation of program and project efficacy, staff per21 formance, and service delivery; 

22 (10) programming and service interventions 

23 that include— 

24 (A) activities that prioritize human service 

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1 forcement, over interventions by law enforce2 ment; or 

3 (B) activities that include triaging emer4 gencies, through emergency dispatch operators, 

5 in a manner that results in referral to a wholly 

6 nonpolice entity; and 

7 (11) programming and service interventions 

8 that may include— 

9 (A) activities that include co-occurring law 

10 enforcement and human services activities, such 

11 as responses to calls about dating violence; 

12 (B) activities that include followup by 

13 human services organizations after contact by 

14 law enforcement, such as community mediation, 

15 social services, or behavioral health services; 

16 (C) training for emergency dispatch opera17 tors; and 

18 (D) training for community members, or 

19 family members of people requiring emergency 

20 or non-emergency response, to facilitate com21 prehensive and clear communication with emer22 gency dispatch operators to ensure that nec23 essary information is conveyed about when an 

24 intervention by a nonpolice human services or25 ganization is the most appropriate response. 


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1 (b) FUNDING LIMITATION.—None of the grant funds 

2 provided under section 7 shall be provided to State, tribal, 

3 or local law enforcement agencies. 

4 SEC. 10. TECHNICAL ASSISTANCE. 

5 The Secretary shall arrange for a national technical 

6 assistance provider for organizations described in section 

7 5, to provide technical assistance support and develop and 

8 disseminate best practices for projects carried out under 

9 this Act. 

10 SEC. 11. ANNUAL REPORTING REQUIREMENTS. 

11 Each recipient of a grant under section 7 for a 

12 project is required to submit an annual report to the Sec13 retary that details— 

14 (1) the specific uses of the grant funds; 

15 (2) the number of individuals contacted through 

16 the project; 

17 (3) the number of individuals connected with 

18 ongoing services or resources through the project, 

19 disaggregated by race, ethnicity, gender, sexual ori20 entation and gender identity, disability status, and 

21 other characteristics; 

22 (4) the quality of the contacts, services, and re23 sources, as reported by the individuals contacted; 

24 (5) any evidence of positive outcomes following 

25 the contacts or connections; 


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1 (6) any evidence of negative outcomes that may 

2 have occurred following the contacts or connections; 

3 (7) the percentage of total emergency calls di4 verted from law enforcement to the grant recipient; 

5 (8) the percentage of emergency calls diverted 

6 to the grant recipient that have been addressed; 

7 (9) the extent to which the grant recipient is 

8 hiring or training individuals from within the cov9 ered population, and the recruitment, hiring, train10 ing, and retention practices for such individuals; 

11 (10) any related reduction in the number of 

12 calls to law enforcement over the period of the 

13 project; 

14 (11) any changes in the types of calls made to 

15 the 911 system, to the extent that it is practicable 

16 to report information on such changes; 

17 (12) any increases in the number of calls to the 

18 211 (or equivalent) systems for essential non-emer19 gency community services or calls to the 988 Na20 tional Suicide Prevention Hotline over the period of 

21 the project; 

22 (13) any related reduction in the budget of the 

23 law enforcement agency that has jurisdiction over 

24 the community served by the eligible partnership 

25 over that period; 


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1 (14) any State or local laws that were an im2 pediment to implementation of the project; and 

3 (15) any evidence of completed in-home, tele4 therapy, or in-community responses that included 

5 counseling, crisis response, family treatment, medi6 ation, or other evidence-based interventions that ad7 dressed complex needs not able to be resolved by 

8 non-emergency calls alone. 

9 SEC. 12. EVALUATION AND REPORT. 

10 Not later than October 1, 2027, the Secretary shall— 

11 (1) complete an evaluation detailing the imple12 mentation of, outcomes of, and best practices from 

13 the grant program carried out under this Act, in14 cluding program-wide information on the factors de15 scribed in paragraphs (2) through (15) of section 

16 11; and 

17 (2) submit to Congress a report containing the 

18 evaluation. 

19 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated— 

21 (1) to carry out planning and initiation grants 

22 under this Act, $100,000,000 for each of fiscal years 

23 2022 through 2026; and 


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1 (2) to carry out continuation grants under this 

2 Act, $75,000,000 for each of fiscal years 2027 and 

3 2028. 

Æ 


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