Title: Law Enforcement De-Escalation Training Act of 2020
Policy area: Crime and Law Enforcement

Summary:
Law Enforcement De-Escalation Training Act of 2020
This bill requires the Department of Justice (DOJ) to develop law enforcement training curricula in alternatives to the use of force, de-escalation tactics, and techniques for safely responding to a person experiencing a behavioral health crisis. DOJ shall also make grants to states for law enforcement officers to acquire such training from the DOJ or an equivalent program offered by a DOJ-certified entity.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4064 Introduced in Senate (IS)]

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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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