I 
115TH CONGRESS 
2D SESSION 
H. R. 7142 
To help train individuals in effective and evidence-based de-escalation tech-
niques to ensure that individuals at diverse levels of society have and 
retain greater skills to resolve conflicts, manage anger, and control im-
plicit bias without the use of physical or other force, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2018 
Ms. MOORE (for herself, Mr. CARSON of Indiana, Mr. COHEN, Mrs. WATSON 
COLEMAN, Ms. JAYAPAL, Ms. JACKSON LEE, Ms. NORTON, Ms. WILSON 
of Florida, Mr. KHANNA, Mr. JOHNSON of Georgia, and Ms. FUDGE) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To help train individuals in effective and evidence-based de- 
escalation techniques to ensure that individuals at diverse 
levels of society have and retain greater skills to resolve 
conflicts, manage anger, and control implicit bias without 
the use of physical or other force, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National De-Esca-
lation of Violence and Community Safety Training Act of 
2018’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) The term ‘‘Advisory Board’’ means the De- 
Escalation Advisory Board established pursuant to 
section 4. 
(2) The term ‘‘at-risk youth’’ means any indi-
vidual who— 
(A)(i) has attained age 16 but not age 25; 
(ii) has not regularly attended any sec-
ondary, technical, or postsecondary school dur-
ing the preceding 6-month period; 
(iii) has not been regularly employed dur-
ing the preceding 6-month period; and 
(iv) is not readily employable by reason of 
lacking a sufficient number of basic skills; or 
(B) has attained age 16 but not age 21 
and was in foster care. 
(3) The term ‘‘de-escalation’’ means reduction 
of the intensity of a conflict or potentially violent sit-
uation. 
(4) The term ‘‘implicit bias’’ means the atti-
tudes or stereotypes that affect an individual’s un-
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derstanding, actions, and decisions in an uncon-
scious manner. 
(5) The term ‘‘racial reconciliation’’ means a 
process of reconciliation that— 
(A) recognizes that racism is both systemic 
and institutionalized with far-reaching effects 
on both political engagement and economic op-
portunities for minorities; 
(B) empowers local communities through 
relationship-building and truth-telling; and 
(C) emphasizes restorative justice as an es-
sential component. 
(6) The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services acting through As-
sistant Secretary for Mental Health and Substance 
Use. 
SEC. 3. DE-ESCALATION TRAINING STANDARDS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall develop 
and issue training standards for the de-escalation training 
to be funded pursuant to section 5. 
(b) CONTENTS.—The standards under subsection (a) 
shall, at a minimum, outline the types of de-escalation 
training that— 
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(1) have been determined by the Secretary to be 
effective; and 
(2) are eligible to be funded pursuant to section 
5. 
(c) PROCESS.— 
(1) SEEKING INPUT.— 
(A) IN
GENERAL.—In developing and 
issuing standards under this section and any re-
lated regulations or guidance, the Secretary 
shall seek input from community stakeholders, 
health care and wellness professionals, law en-
forcement agencies, Tribes, and nonprofit orga-
nizations involved in de-escalation at the local 
level, and others knowledgeable about the need 
for and importance of de-escalation, including 
through holding public meetings throughout the 
Nation and through other media, including 
webinars. 
(B) DEFINITION.—In this section, the 
term ‘‘community stakeholders’’ includes— 
(i) members of minority communities, 
those with disabilities, persons of color, im-
migrants, noncitizens, Native Americans, 
youth, and formerly incarcerated persons; 
and 
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(ii) nonprofit organizations with long-
standing experience, in communities with 
high rates of violence, conducting de-esca-
lation and conflict prevention work tar-
geting the categories of individuals de-
scribed in clause (i). 
(2) NEGOTIATED RULEMAKING.—In developing 
and issuing standards under this section, the Sec-
retary shall consider the use of negotiated rule-
making. 
SEC. 4. ADVISORY BOARD. 
(a) ESTABLISHMENT.—To assist in carrying out this 
Act, the Secretary shall establish an advisory board to be 
known as the De-Escalation Advisory Board. 
(b) COMPOSITION.— 
(1) IN GENERAL.—The Advisory Board shall be 
composed of— 
(A) up to 25 members appointed by the 
Secretary in accordance with paragraph (2) (in 
this subsection referred to as the ‘‘appointed 
members’’), who shall be voting members; and 
(B) the ex officio members under para-
graph (3), who shall be nonvoting members. 
(2) APPOINTED MEMBERS.— 
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(A) SELECTION.—The appointed members 
of the Advisory Board shall be appointed (or re-
appointed, as applicable) by the Secretary after 
soliciting and reviewing nominations for such 
appointments from nonprofit organizations, in-
dividuals, State and local officials, and other 
stakeholders. 
(B) REPRESENTATIVES.—The appointed 
members of the Advisory Board shall include 
representatives of each the following: 
(i) Law enforcement. 
(ii) Tribes. 
(iii) Health care and wellness profes-
sionals. 
(iv) State and local public health 
agencies. 
(v) Faith institutions. 
(vi) Other entities dedicated to en-
couraging de-escalation and nonviolence 
and resisting implicit bias and racial rec-
onciliation, with a preference for nonprofit 
organizations that demonstrate strong ex-
perience— 
(I) addressing these issues at the 
local and community level; and 
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(II) working with the targeted in-
dividuals, especially at-risk youth. 
(3) EX
OFFICIO
MEMBERS.—The Advisory 
Board shall include the following ex officio members: 
(A) The Secretary of Health and Human 
Services (or the Secretary’s designee). 
(B) The Secretary of Education (or the 
Secretary’s designee). 
(C) The Attorney General of the United 
States (or the Attorney General’s designee). 
(D) The heads of such other Federal de-
partments and agencies as the Secretary deter-
mines appropriate (or their designees). 
(4) TERMS.— 
(A) DURATION.—The appointed members 
of the Advisory Board shall each be appointed 
for a term of 3 years. 
(B) INITIAL
APPOINTMENTS.—Not later 
than 4 months after the date of enactment of 
this Act, the Secretary shall appoint all of the 
initial appointed members of the Advisory 
Board. 
(5) OFFICERS.—At the first meeting of the Ad-
visory Board, and every other year thereafter, the 
members of the Advisory Board shall elect from 
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among such members a chairperson and vice chair-
person of the Advisory Board. Federal officials are 
not eligible for election as chairperson or vice chair-
person. 
(c) DUTIES.—The Advisory Board shall— 
(1) make recommendations to the Secretary re-
garding— 
(A) the training standards under section 3 
as may be beneficial to fulfilling the mission 
and purposes of the grant program under sec-
tion 5; and 
(B) implementation of the grant program 
under section 5; 
(2) monitor the implementation of such grant 
program and provide technical assistance and sup-
port to grantees under such grant program; 
(3) determine— 
(A) the extent to which such grantees face 
challenges to implementing such grant program; 
and 
(B) the effectiveness of the Department of 
Health and Human Services in addressing such 
challenges; 
(4) continually identify new advances and inno-
vative practices in effective ways to conduct de-esca-
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lation training to incorporate such advances and in-
novative practices into the standards under section 
3 and implementation of such grant program; and 
(5) provide— 
(A) on a biennial basis, reports to the Sec-
retary regarding the Advisory Board’s activities 
and the effectiveness of such grant program; 
and 
(B) not later than 2 years after the award 
of the first grant under section 5, and every 5 
years thereafter, a report to the Congress on 
the Advisory Board’s activities, challenges to 
the programs and activities under this Act, and 
the effectiveness of such programs and activi-
ties. 
(d) EVALUATION OF HHS PROPOSALS.—Not later 
than 90 days after the Secretary proposes standards under 
section 3 or rules or guidance for implementing the grant 
program under section 5, and prior to the Secretary final-
izing such standards, rules, and guidance, respectively, the 
Advisory Board shall evaluate— 
(1) whether the training to be funded pursuant 
to section 5 can be applied practically in everyday 
scenarios that have the potential for violence that 
are regularly faced by law enforcement officers, 
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teachers, health care and wellness professionals, 
youth, faith leaders, and other categories of persons 
for whom such training could help to reduce tensions 
and avoid conflict; 
(2) whether the principles of such training can 
effectively work with other types of professional 
training such as mental health training that employs 
evidence-based de-escalation techniques; 
(3) the extent to which the proposed standards 
under section 3 adequately address and effectively 
take into consideration the role of implicit bias, cul-
tural competency, and the intersection of race and 
policing; 
(4) whether the standards and guidance under 
sections 3 and section 5 effectively promote alter-
natives to the use of lethal and nonlethal force; 
(5) the extent to which Federal training stand-
ards and guidelines promote or support de-escalation 
techniques to help effectively, safely, and respectfully 
interact with people with disabilities and behavioral 
health issues; 
(6) whether the proposed standards under sec-
tion 3 adequately address the need for training in 
interpersonal communication on de-escalation for 
those working with at-risk youth, including methods 
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that use time, tone, distance, cover, and concealment 
to avoid escalation situations; 
(7) the time required to properly conduct the 
training to be funded under section 5 and the meth-
ods for delivering such training (either online or in 
person); and 
(8) whether the proposed requirements and 
standards under section 3 reflect the latest evidence- 
based de-escalation practices and techniques. 
(e) LIMITATION.—The Secretary— 
(1) shall not finalize any standard under section 
3 or rule or guidance for implementing the grant 
program under section 5 before the date that is 30 
days after the Secretary receives the recommenda-
tions of the Advisory Board on the respective stand-
ard, rule, or guidance; and 
(2) shall respond to the Advisory Board in writ-
ing on each recommendation of the Advisory Board 
that the Department of Health and Human Re-
sources will not implement and include a detailed ex-
planation of the reasons therefor. 
(f) CONSULTATION.—In carrying out this section, the 
Advisory Board shall— 
(1) consult with any appropriate Federal de-
partments and agencies; and 
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(2) solicit opinions and recommendations from 
the public and persons with relevant expertise. 
(g) TECHNICAL ASSISTANCE.—On request of the Ad-
visory Board, the head of a Federal department or agency 
may provide technical assistance to the Advisory Board, 
but no Federal employee may be detailed to the Advisory 
Board. 
(h) PAY AND REIMBURSEMENT.—Members of the 
Advisory Board may not receive pay, allowances, or bene-
fits by reason of their service on the Advisory Board, but 
members of the Advisory Board shall receive travel ex-
penses, including per diem in lieu of subsistence under 
subchapter I of chapter 57 of title 5, United States Code. 
(i) FEDERAL ADVISORY COMMITTEE ACT.—The Ad-
visory Board is deemed to have filed a charter for the pur-
pose of section 9(c) of the Federal Advisory Committee 
Act (5 U.S.C. App.). Notwithstanding section 14 of the 
Federal Advisory Committee Act, the Advisory Board shall 
continue in effect until terminated by an Act of Congress. 
(j) MEETINGS.—The Advisory Board shall meet on 
a regular basis and no less than twice a year to carry out 
the duties of the Advisory Board under this section. 
(k) FUNDING.—Out of the amounts made available 
to the Secretary each fiscal year for general departmental 
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management, not more than $500,000 are authorized to 
be used by the Advisory Board to carry out this section. 
SEC. 5. DE-ESCALATION GRANTS. 
(a) GRANTS.— 
(1) TRAINING
GRANTS.—The Secretary shall 
award grants to eligible entities to provide training, 
in accordance with the standards issued under sec-
tion 3, on de-escalation of violence to enhance com-
munity safety. 
(2) COMMUNITY OUTREACH, EVALUATION, AND 
SOCIAL MEDIA GRANTS.—The Secretary shall award 
grants to eligible entities to support— 
(A) the dissemination to targeted popu-
lations of information about de-escalation train-
ing provided through grants under paragraph 
(1) to encourage such populations to participate 
in the training; 
(B) the development of social media and 
online training tools to educate the larger public 
about the methods and goals of such de-esca-
lation training; and 
(C) the conduct of evaluations of the im-
pact and effectiveness of such de-escalation 
training, include consideration of community 
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stakeholders and those who have received such 
training. 
(b) 
TRAINING
DESCRIBED.—Training 
provided 
through a grant under subsection (a)(1)— 
(1) shall include training on— 
(A) techniques to de-escalate situations to 
avoid violence; 
(B) understanding implicit bias and how it 
contributes to violence; 
(C) understanding how to promote racial 
reconciliation in communities affected by racial 
division that leads to violence and conflict; 
(D) verbal and physical tactics to minimize 
the need for the use of force, with an emphasis 
on communication, negotiation, and techniques 
that help to provide the time needed to resolve 
the incident safely for everyone; 
(E) awareness and recognition of mental 
health and substance abuse issues and crisis 
intervention strategies to appropriately identify 
and respond to individuals suffering from men-
tal health or substance abuse issues, with an 
emphasis on de-escalation tactics and pro-
moting effective communication with such indi-
viduals; 
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(F) the critical decision-making model and 
other evidence-based approaches that are found 
by the Secretary to be appropriate to enhance 
de-escalation skills and tactics; 
(G) techniques that can be used by a wide 
range of audiences, including those with disabil-
ities and or behavioral health issues; and 
(H) first aid; 
(2) shall include scenario-based training that 
applies evidence-based de-escalation techniques to 
practical on-the-job scenarios that are regularly 
faced by law enforcement officers, teachers, health 
care and wellness professionals in emergency rooms, 
youth in neighborhoods, faith leaders at faith insti-
tutions, and other situations that regularly encoun-
ter potentially violent situations; 
(3) shall appropriately incorporate cultural 
competency to reach a range of audiences; 
(4) may consist of— 
(A) initial training; or 
(B) subsequent or periodic training to 
renew, reinforce, and update knowledge and 
skills, including updates on new legal require-
ments and new de-escalation techniques and 
strategies; and 
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(5) shall emphasize training for law enforce-
ment officials, teachers and educators, school admin-
istrators, school service employees, citizens returning 
from prison, faith leaders, recreational professionals 
(such as recreation facility staff and youth sport 
coaches), health care and wellness professionals, 
youth, staff of nonprofit organizations dedicated to 
violence prevention, security guards, ex-gang mem-
bers, and performing artists. 
(c) ELIGIBLE ENTITIES.—To be eligible to receive a 
grant under subsection (a)(1), an entity shall be a State 
or local government, nonprofit organization, faith institu-
tions, institutions of higher education including commu-
nity colleges, other schools, professional teacher associa-
tions, and small businesses (including minority- and 
women-owned small businesses). 
(d) PREFERENCE.—In selecting among nonprofit or-
ganizations applying for a grant under subsection (a)(1), 
subject to subsection (e), the Secretary shall give pref-
erence to those organizations that— 
(1) interact with youth, including at-risk youth; 
(2) have a sound track record of de-escalation 
work in a local community; or 
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(3) employ individuals who reside in the geo-
graphic area to be served under the grant or which 
offices or facilities in that area. 
(e) EQUITY IN DISTRIBUTION.— 
(1) IN GENERAL.—In any fiscal year in which 
insufficient funds are appropriated to fund a grant 
under subsection (a)(1) for an eligible entity in each 
State, the Secretary shall limit the award of grants 
under subsection (a)(1) to eligible entities in States 
for which no eligible entity received funds through a 
grant under subsection (a)(1) for the prior fiscal 
year. 
(2) 
TRIBAL
ORGANIZATIONS.—In 
applying 
paragraph (1), the Secretary shall not— 
(A) consider any grant recipient that is a 
tribal organization in determining whether 
grant funds were made available to an eligible 
entity in any State for the prior fiscal year; or 
(B) limit the award of grants to tribal or-
ganizations pursuant to the reservation of funds 
for grants to tribal organizations under sub-
section (f)(1). 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) TRAINING GRANTS.—For grants under sub-
section (a)(1), there is authorized to be appropriated 
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$100,000,000 for each of fiscal years 2019 through 
2024, of which $10,000,000 for each of such fiscal 
years shall be for grants under subsection (a)(1) to 
tribal organizations (as defined in section 4 of the 
Indian Self-Determination and Education Assistance 
Act). 
(2) COMMUNITY
EVALUATION, 
AND
SOCIAL 
MEDIA
GRANTS.—For grants under subsection 
(a)(2), there is authorized to be appropriated 
$10,000,000 for each of fiscal years 2019 through 
2024. 
Æ 
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