,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #gacg  ,,in ,,the ,,house ,,of  
,,representatives  ,june #h1 #bjbj ,mr4 
,richmond introduced the following bill2
 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 use-of-force policies and other
 policies that meet minimum standards2  
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      
policies2 to require the promulgation of
 protocols for the investigation and    
reporting of instances of the use of    
deadly force by ,federal law enforcement
 officers2 to provide for grants to     

community supervision offices for       
training in de-escalation techniques and
 to other personnel1 and for other      
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,police ,reform ,act
 of #bjbj4  #b4 ,findings ,congress     
finds the following3  7#a7 ,law         
enforcement officers in the ,united     
,states have always been appropriately  
empowered to use force1 including deadly
 force1 when necessary to apprehend     
suspects1 protect public safety1 and    
respond to imminent threats4 ,the use of
 force by law enforcement1 however1 must
 be exercised with due regard to        
constitutional limits1 proportionality1 
norms of human dignity1 and the         
importance of harmonious                
police-community relations4  7#b7 ,in   
recent years1 community unrest has been 
sparked by incidents where law          
enforcement officers have used excessive
 or disproportionate force1 failed to   
deescalate encounters with civilians1 or
 failed to follow departmental policies 

and use-of-force matrices1 especially in
 communities of color4  7#c7 ,grassroots
 organizations like the ,national       
,association for the ,advancement of    
,colored ,people1 the ,american ,civil  
,liberties ,union1 the ,national        
,council of ,la ,raza1 the ,national    
,urban ,league1 ,national ,congress of  
,american ,indians1 and the ,national   
,asian ,pacific ,american ,legal        
,consortium have monitored allegations  
of police misconduct1 while membership  
organizations such as the ,national     
,sheriffs' ,association1 ,fraternal     
,order of ,police1 and ,national        
,association of ,school ,resource       
,officers have represented the interests
 of ,federal1 ,state1 local1 and ,indian
 tribal law enforcement groups and with 
the civilian community on matters of    
common interest4  7#d7 ,where excessive 
or disproportionate force is employed by
 law enforcement officers1 hostility is 
created between local communities and   
law enforcement1 reducing the           

effectiveness of efforts to reduce crime
 and promote public safety4  7#e7       
,police training in the ,united ,states 
is largely focused upon operational1    
investigatory1 and tactical concerns1   
with less time and focus on issues      
relating to proportionality in the use  
of force1 de-escalation1 and            
constitutional norms and limits4  7#f7  
,models for proportionate exercise of   
the use of force exist4 ,for example1   
the ,police ,executive ,research ,forum1
 a national organization of police      
officials1 has developed guidelines     
advocating for a guardian model for     
policing4 ,these principles stress      
respect for human life1 more restrictive
 standards for the use of force1        
proportionality and de-escalation       
techniques1 and transparent and         
independent post-action investigations4 
7#g7 ,the issues surrounding law        
enforcement use of force are especially 
difficult when it comes to police       
interactions with persons undergoing    

mental health crises1 which occurs in as
 much as #bj percent of all             
police-civilian encounters4 ,law        
enforcement training too often fails to 
prepare officers to deal effectively and
 compassionately with people with mental
 health disorders or partner with mental
 health crisis interventionists or      
specialists4  7#h7 ,programs promoting  
alternative responses to mental health  
calls1 including ,crisis ,intervention  
,training 7,,cit7 programs1 have had a  
substantial positive impact on police   
interactions with those undergoing a    
mental health crisis or persons with    
physical1 developmental1 or intellectual
 disabilities4 ,in a ,,cit program1     
selected officers are trained to        
identify persons undergoing a crisis1   
employ de-escalation techniques1 and    
serve as liaison between police and     
mental health agencies1 or partner with 
mental health responders outside the law
 enforcement agency4 ,studies have shown
 that ,,cit training is associated with 

reductions in arrests1 increased        
diversions to mental health services1   
and positive changes in police attitudes
 and responses toward persons undergoing
 a mental health crisis4  7#i7 ,since   
#bjag1 the ,federal ,bureau of          
,investigation has administered the     
,national ,use-of-,force ,data          
,collection1 which seeks to compile data
 on police-civilian encounters that     
cause death or serious bodily injury1 or
 where an officer discharges a weapon4  
,law enforcement officials have         
partnered with the ,,fbi in creating    
this data collection method1 including  
the ,association of ,state ,criminal    
,investigative ,agencies1 ,association  
of ,state ,uniform ,crime ,reporting    
,programs1 ,international ,association  
of ,chiefs of ,police1 ,major ,cities   
,chiefs ,association1 ,major ,county    
,sheriffs of ,america1 ,national        
,organization of ,black ,law            
,enforcement ,executives1 ,national     
,sheriffs' ,association1 and the ,police

 ,executive ,research ,forum4  #c4      
,minimum standards for use-of-force     
policies2 ,use-of-,force ,review        
,boards2 decertification of officers    
7a7 ,notwithstanding any other provision
 of law1 no ,state or unit of local     
government shall be eligible to receive 
funding under part ,e of title ,i of the
 ,omnibus ,crime ,control and ,safe     
,streets ,act of #aifh 7#db ,u4,s4,c4   
#cgej et seq47 unless that ,state or    
unit of local government has adopted a  
use-of-force training policy that1 in   
substantial effect and at a minimum1    
trains officers to adhere to the        
following standards and permits--  7#a7 
use of objectively reasonable and       
proportionate force only to effect      
arrest1 to prevent escape1 or to        
overcome resistance2  7#b7 use of deadly
 force only when the officer has an     
objectively reasonable belief1 based on 
the totality of the circumstances that  
such force is necessary to--  7,a7      
defend against an imminent threat of    

death or serious bodily injury to the   
officer or to another person who is not 
the subject of the use of deadly force2 
7,b7 apprehend a fleeing person for any 
suspected felony that threatened or     
resulted in death or serious bodily     
injury1 if the officer reasonably       
believes that the person will cause     
imminent death or serious bodily injury 
to another person who is not the subject
 of the use of deadly force1 unless     
immediately apprehended2  7,c7 where    
feasible1 the officer shall1 prior to   
the use of deadly force1 make reasonable
 efforts to identify themselves as a law
 enforcement officer and to warn that   
deadly force may be used1 unless the    
officer has objectively reasonable      
grounds to believe the person is aware  
of those facts2 and  7,d7 law           
enforcement officers observing an       
encounter where they have reason to     
believe1 based on the totality of the   
circumstances1 that a violation of the  
use of the agency's use of deadly force 

policy is occurring have a duty to      
intervene in order to prevent the use of
 deadly force in violation of the       
agency's policy2 and  7#c7 for purposes 
of this subsection1 in order for a      
,state or unit of local government to be
 eligible to receive funding under this 
statute1 its use-of-force training      
policies must1 at a minimum1 define--   
7,a7 deadly force as any use of force   
that creates a substantial risk of      
causing death or serious bodily injury1 
including1 but not limited to--  7i7 the
 discharge of a firearm2  7ii7 the use  
of carotid holds or blows2 and  7iii7   
upper vertebrae strikes and holds2  7,b7
 the threat of death or serious bodily  
injury as imminent when1 based on the   
totality of the circumstances1 an       
objectively reasonable officer in the   
same situation would believe that a     
person has the present ability1         
opportunity1 and intent to presently    
cause death or serious bodily injury to 
the officer or another person who is not

 the subject of the use of deadly force2
  7,c7 the use of deadly force as       
necessary only when a law enforcement   
officer has an objectively reasonable   
belief1 based on the totality of the    
circumstances1 that death or serious    
bodily injury will occur to the officer 
or to another person1 who is not the    
subject of the use of deadly force1 but 
for the use of deadly force4 ,in        
determining whether deadly force is     
necessary1 a reasonable officer shall   
evaluate whether1 under the totality of 
the circumstances1 other means or       
techniques are available to prevent     
death or serious bodily injury and are  
feasible under the totality of the      
circumstances2 and  7,d7 the totality of
 the circumstances to mean all facts    
known to the officer at the time1       
including the conduct of the officer and
 the subject leading up to the use of   
deadly force4  7b7 ,use-of-,force       
,review ,boards ,notwithstanding any    
other provision of law1 no ,state or    

unit of local government shall be       
eligible to receive funding under part  
,e of title ,i of the ,omnibus ,crime   
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgej et seq47     
unless that ,state or unit of local     
government has instituted a board 7in   
this ,act referred to as a ,review      
,board7 to review incidents of the use  
of deadly force and allegations of the  
use of excessive force by law           
enforcement officers4 7#a7 ,to meet the 
requirements of this ,act1 a ,review    
,board must--  7,a7 consist of no more  
than #e persons1 and a majority of the  
membership of this ,review ,board must  
not be current or former members of a   
,federal1 ,state1 or local law          
enforcement agency2  7,b7 have the      
power1 consistent with governing law1 to
 subpoena documents or compel testimony2
 and  7,c7 consistent with governing law
 regarding the privacy of individuals1  
issue a written1 publicly available     
summary or disposition of its           

proceedings4  7#b7 ,at the discretion of
 the ,attorney ,general1 a ,state or    
unit of local government may be exempted
 from the requirements of this          
subsection of this ,act for a period of 
up to #ab months from the enactment of  
this ,act1 which exemption may be       
renewed for an additional #ab months4   
7c7 ,decertification of ,officers       
,notwithstanding any other provision of 
law1 no ,state or unit of local         
government shall be eligible to receive 
funding under part ,e of title ,i of the
 ,omnibus ,crime ,control and ,safe     
,streets ,act of #aifh 7#db ,u4,s4,c4   
#cgej et seq47 unless that ,state or    
unit of local government has in place an
 adequate process or procedure to revoke
 the law enforcement officer or peace   
officer certification 7as determined    
under ,state law7 of any officer        
adjudged guilty or responsible1 in any  
criminal1 civil1 or administrative      
proceeding1 of causing death or serious 
bodily injury to any person in violation

 of governing law or law enforcement    
agency use-of-force standards4 7#a7 ,no 
later than #ahj days after the enactment
 of this ,act1 the ,attorney ,general   
shall issue guidance regarding the      
requirements for the adequacy of a      
process or procedure to revoke law      
enforcement officer or peace officer    
certification under this provision1     
taking into account the due process     
rights of law enforcement officers and  
the substantive ,constitutional rights  
of civilians4  7#b7 ,at the discretion  
of the ,attorney ,general1 a ,state or  
unit of local government may be exempted
 from the requirements of this          
subsection of this ,act for a period of 
up to #ab months from the enactment of  
this ,act1 which exemption may be       
renewed for an additional #ab months4   
#d4 ,de-escalation and use-of-force     
training  7a7 ,training requirement ,for
 each fiscal year after the expiration  
of the period specified in subsection   
7e7 in which a ,state or unit of local  

government receives a grant under part  
,e of title ,i of the ,omnibus ,crime   
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgej et seq471 the
 ,state or unit of local government     
shall require that1 for an appropriate  
amount of time so as to ensure effective
 training1 all individuals enrolled in a
 training academy of a law enforcement  
agency of the ,state or unit of local   
government and all law enforcement      
officers of the ,state or unit of local 
government fulfill a training session of
 no less than #af hours on de-escalation
 techniques each fiscal year 7or1 in the
 case of an academy of a law enforcement
 agency1 a unit of no less than #bd     
hours7 that at a minimum includes--     
7#a7 the use of alternative non-lethal  
methods of applying force and techniques
 that assist the officer in preventing  
escalation of any situation where force 
is likely to be used2  7#b7 verbal and  
physical tactics to minimize the need   
for the use of force1 with an emphasis  

on communication1 negotiation1          
de-escalation techniques1 and slowing   
the pace of a police-civilian encounter2
  7#c7 the use of the lowest level of   
force that is a practical and safe      
response to an identified threat1 with  
regular re-evaluation of the threat     
level throughout a police-civilian      
encounter2  7#d7 principles of using    
distance1 cover1 and time when          
approaching and managing critical       
incidents1 in order to create a reaction
 gap2  7#e7 strategies for managing     
interactions with persons undergoing    
mental health crises1 including at least
 one of-- 7,a7 crisis intervention      
strategies drawn from established1      
evidence-based ,,cit programs to        
appropriately identify and respond to   
individuals suffering from mental health
 or substance abuse issues1 with an     
emphasis on de-escalation tactics and   
promoting effective communication2  7,b7
 strategies emphasizing the use of      
collaborative teams of mental health    

professionals and law enforcement       
officers co-responding to mental health 
calls2  7,c7 mobile crisis team         
strategies emphasizing the use of teams 
of trained mental health professionals  
responding directly to mental health    
calls2 or  7,d7 crisis stabilization    
center strategies emphasizing the use   
and operation of specialized facilities 
that can receive people experiencing    
mental health crises and that law       
enforcement1 collaborative and          
co-responder teams1 mobile crisis teams 
and others can transport people to when 
responding to mental health calls2 and  
7#f7 other evidence-based approaches1 as
 found by the ,attorney ,general1 that  
enhance de-escalation skills and        
tactics4  7b7 ,scenario-,based training 
,training described in subsection 7a7   
shall be conducted with an emphasis on  
training that employs theories of       
de-escalation techniques and applies    
them to practical on-the-job scenarios  
that law enforcement officers regularly 

encounter4  7c7 ,cross-,training ,to the
 extent practicable1 principles of      
training as described in subsection 7a7 
shall be applied to other training      
conducted at an academy or by the ,state
 or unit of local government1 including 
but not limited to training on          
,constitutional requirements4  7d7 ,any 
,state or unit of local government      
receiving funds pursuant to this ,act   
shall designate at least one officer to 
serve as resource officer for purposes  
of the training described in subsection 
7a71 who shall assist in developing and 
carrying out the training unit described
 in that subsection4 ,to the extent     
practicable1 this officer shall be      
trained at the ,federal ,bureau of      
,investigation ,academy or substantially
 similar law enforcement training       
program at least once every two years4  
,the ,,fbi ,academy is directed to      
develop programs1 consistent with the   
principles described in subsection 7a71 
to train resource officers to carry out 

their unit development and training     
duties within #ahj days of the enactment
 of this ,act4 ,states or units of local
 government receiving funds pursuant to 
this ,act shall allocate funds from     
grants received under this ,act to the  
extent practicable to facilitate ,,fbi  
training of resource officers4  7e7     
,compliance and ineligibility  7#a7     
,compliance date ,beginning not later   
than #a year after the date of this     
,act1 each ,state or unit of local      
government receiving a grant shall      
comply with subsection 7a71 except that 
at its discretion the ,attorney ,general
 may grant an additional #ab months to a
 ,state or unit of local government to  
become compliant4  7#b7 ,ineligibility  
for funds ,for any fiscal year after the
 expiration of the period specified in  
paragraph 7#a71 a ,state or unit of     
local government that fails to comply   
with subsection 7a71 shall be subject to
 a reduction of not less than #be       
percent and not more than #dj percent of

 the funds 7the precise reduction to be 
determined at the discretion of the     
,attorney ,general7 that would otherwise
 be allocated for that fiscal year to   
the ,state or unit of local government  
under subpart #a of part ,e of title ,i 
of the ,omnibus ,crime ,control and     
,safe ,streets ,act of #aifh 7#db       
,u4,s4,c4 #cgej et seq471 whether       
characterized as the ,edward ,byrne     
,memorial ,state and ,local ,law        
,enforcement ,assistance ,programs1 the 
,local ,government ,law ,enforcement    
,block ,grants ,program1 the ,edward    
,byrne ,memorial ,justice ,assistance   
,grant ,program1 or otherwise2 except   
that1 in the case of a ,state or unit of
 local government that fails to comply  
with subsection 7a7 in two consecutive  
fiscal years1 the reduction shall not be
 less than #ej percent of such funds4   
7f7 ,grant scoring ,office of ,justice  
,programs shall give a priority in all  
grant programs to any ,state or unit of 
local government deemed fully compliant 

with the provisions of this ,act4  7g7  
,reallocation ,amounts not allocated    
under a program referred to in          
subsection 7e77#b7 to a ,state or unit  
of local government for failure to fully
 comply with subsection 7a7 shall be    
reallocated under that program to       
,states and units of local government   
that have not failed to comply with this
 section4  7h7 ,evidence-,based         
practices ,for purposes of subsection   
7a71 the ,attorney ,general shall       
maintain a list of evidence-based       
practices it determines is successful in
 enhancing de-escalation skills of law  
enforcement officers1 as compiled by the
 ,police ,executive ,research ,forum 7or
 other organization or organizations as 
designated by the ,attorney ,general74  
,the ,attorney ,general shall regularly 
update this list as needed and shall    
publish the list to the public on a     
yearly basis in the ,federal ,register4 
7i7 ,data collection and reporting ,for 
each fiscal year after the expiration of

 the period specified in subsection 7e7 
in which a ,state or unit of local      
government receives a grant under part  
,e of title ,i of the ,omnibus ,crime   
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgej et seq471 the
 ,state or unit of local government     
receiving funds under this ,act shall   
report data on use-of-force incidents   
pursuant to the ,national ,use-of-,force
 ,data ,collection administered by the  
,federal ,bureau of ,investigation4     
,state and units of local government    
that already collect such data in a     
format and manner comparable to the     
,national ,use-of-,force ,data          
,collection shall be eligible to report 
that data pursuant to their existing    
system of data collection1 at the       
discretion of the ,attorney ,general4   
,the ,attorney ,general shall1 within   
five years of enactment of this ,act1   
undertake a comprehensive analysis of   
the effect of this ,act on instances and
 rates of use of force among ,states and

 units of local government receiving    
funding under this ,act1 which analysis 
shall be released to the public4  7j7   
,use-of-,force policies2 development and
 public availability ,for each fiscal   
year after the expiration of the period 
specified in subsection 7e7 in which a  
,state or unit of local government      
receives a grant under part ,e of title 
,i of the ,omnibus ,crime ,control and  
,safe ,streets ,act of #aifh 7#db       
,u4,s4,c4 #cgej et seq471 the ,state or 
unit of local government receiving funds
 under this ,act shall--  7#a7 develop  
and adopt a use-of-force policy that is 
consistent with the principles and      
techniques identified in subsection 7a7 
and that identifies the appropriate uses
 of1 at the least-- 7,a7 blunt impact   
force by baton or projectile2  7,b7     
chemical sprays or projectiles2  7,c7   
conducted energy devices or tasers2     
7,d7 unleashed canines2  7,e7 vehicle   
strikes2  7,f7 chokeholds2 and  7,g7    
potentially lethal force2  7#b7 submit  

that policy to the ,attorney ,general   
for a determination that this policy is 
consistent with the principles and      
techniques identified in sections #c and
 #d of this ,act and otherwise meets the
 requirements of this ,act2 and  7#c7   
upon the determination of the ,attorney 
,general that the use-of-force policy is
 compliant1 the ,state or unit local    
government shall post that use-of-force 
policy on its public website1 or if it  
does not maintain a public website1     
otherwise make the policy reasonably    
available to members of the public4  #e4
 ,investigations of use of deadly force 
by law enforcement  7a7 ,not later than 
#ahj days after the enactment of this   
,act1 the ,attorney ,general shall      
develop a formal mechanism by which     
,states and units of local government   
receiving funds pursuant to this ,act   
can request that the ,attorney ,general 
direct the ,federal ,bureau of          
,investigation 7or other appropriate    
,federal law enforcement agency7 to     

assist with the investigation of an     
incident of use of force1 which request 
shall not be unreasonably denied1 and   
shall issue guidance for the manner of  
conducting such investigations1         
including the release of officer-worn   
body camera footage and the manner of   
reporting the findings of such          
investigations to ,state and local units
 of government or prosecutorial bodies1 
as appropriate4  7b7 ,notwithstanding   
any other provision of law1 no ,state or
 unit of local government shall be      
eligible to receive funding under part  
,e of title ,i of the ,omnibus ,crime   
,control and ,safe ,streets ,act of     
#aifh 7#db ,u4,s4,c4 #cgej et seq47     
unless that ,state or unit of local     
government has amended any law1 policy1 
or agreement that shields information   
related to officer use of force or      
disciplinary records from public view4  
7c7 ,nothing in this ,act shall be      
construed as limiting1 modifying1 or    
otherwise amending the ,attorney        

,general's power to investigate and_/or 
bring an enforcement action against     
,state and local units of government or 
law enforcement agencies under any other
 provision of law4  #f4 ,justice        
,assistance ,grants for community       
supervision programs2 ,support for      
personnel  7a7 ,title #cd of ,united    
,states ,code section #ajaeb7;a77#a7 is 
amended to add the following provision3 
7,i7 ,community supervision programs1   
for support of evidence-based           
supervision techniques4  7b7 ,for       
,justice ,assistance ,grants made       
pursuant to the above provision1        
priority shall be given to programs to  
provide training to community           
supervision officers consistent with the
 de-escalation techniques and principles
 described in section #d of this ,act4  
7c7 ,in each ,state making subgrants    
pursuant to the ,justice ,assistance    
,grants program1 whether characterized  
as the ,edward ,byrne ,memorial ,state  
and ,local ,law ,enforcement ,assistance

 ,programs1 the ,local ,government ,law 
,enforcement ,block ,grants ,program1   
the ,edward ,byrne ,memorial ,justice   
,assistance ,grant ,program1 or         
otherwise1 to support the salaries of   
personnel in part or in whole1 not less 
than #aj percent of the total amount of 
salary support shall be expended in     
support of behavioral or mental health  
specialists1 assessment and evaluation  
specialists1 reentry services           
specialists1 public defenders1 or any   
other mental or behavioral health       
department personnel required to execute
 programs described in subsection       
#d7;a77#e7 of this ,act4  #g4           
,development of ,national ,law          
,enforcement ,academy ,not later than   
#cfe days after the date of enactment of
 this ,act1 the ,director of the ,,fbi  
shall present a plan to develop the     
,national ,law ,enforcement ,academy4   
,the ,national ,law ,enforcement        
,academy is intended to be a ninety-day 
residential college for best practices  

training for local law enforcement      
officers4  #h4 ,attorney ,general       
guidance ,not later than #ahj days after
 the date of enactment of this ,act1 the
 ,attorney ,general shall issue guidance
 for the benefit of ,states and units of
 local government on compliance with the
 requirements of this ,act4