[House Report 115-428] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 1st Session } { 115-428 ====================================================================== LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT OF 2017 _______ November 28, 2017.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Goodlatte, from the Committee on the Judiciary, submitted the following R E P O R T [To accompany H.R. 2228] [Including cost estimate of the Congressional Budget Office] The Committee on the Judiciary, to whom was referred the bill (H.R. 2228) to provide support for law enforcement agency efforts to protect the mental health and well-being of law enforcement officers, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. CONTENTS Page Purpose and Summary.............................................. 1 Background and Need for the Legislation.......................... 2 Hearings......................................................... 2 Committee Consideration.......................................... 2 Committee Votes.................................................. 2 Committee Oversight Findings..................................... 2 New Budget Authority and Tax Expenditures........................ 3 Congressional Budget Office Cost Estimate........................ 3 Duplication of Federal Programs.................................. 4 Disclosure of Directed Rule Makings.............................. 4 Performance Goals and Objectives................................. 4 Advisory on Earmarks............................................. 4 Section-by-Section Analysis...................................... 4 Changes in Existing Law Made by the Bill, as Reported............ 5 Purpose and Summary H.R. 2228, the Law Enforcement Mental Health and Wellness Act of 2017, directs the Department of Justice, Department of Defense, and the Department of Veterans Affairs to develop resources to equip local law enforcement agencies to address mental health challenges faced by officers. In conjunction with the Department of Health and Human Services, the Department of Justice must develop educational resources for mental health providers regarding the culture of law enforcement agencies and therapies for mental health issues common to law enforcement officers. In developing these resources, the Department of Justice should examine the effect of gun violence on the mental health of officers and what can be done to solve those aspects of gun violence. The bill also makes grants available to initiate peer mentoring pilot programs, develop training for mental health providers specific to law enforcement mental health needs, and support law enforcement officers by studying the effectiveness of crisis hotlines and annual mental health checks. Background and Need for the Legislation The job of a police officer is one of the most stressful occupations in the world. Research has shown time and again that police officer occupational stress is directly related to higher rates of heart disease, divorce, sick days taken, alcohol abuse, and major psychological illnesses such as acute stress disorder, post-traumatic stress disorder, depression, and anxiety disorders. Currently, there are approximately 900,000 sworn officers in the United States, and the epidemic of stress disorders among police men and women has been so high that many departments have instituted mental health programs as preventative measures. These programs have had significant, successful results, such as a decrease in the number of police officer suicides (from 300 in 1998 to 126 in 2012). In departments where mental health and wellness programs are absent, however, problems likely remain at a critical level. Hearings The Committee on the Judiciary held no hearings on H.R. 2228. Committee Consideration On October 12, 2017, the Committee met in open session and ordered the bill, H.R. 2228, favorably reported by voice vote, a quorum being present. Committee Votes In compliance with clause 3(b) of rule XIII of the Rules of the House of Representatives, the Committee advises that there were no recorded votes during the Committee's consideration of H.R. 2228. Committee Oversight Findings In compliance with clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee advises that the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. New Budget Authority and Tax Expenditures Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. Congressional Budget Office Cost Estimate In compliance with clause 3(c)(3) of rule XIII of the Rules of the House of Representatives, the Committee sets forth, with respect to the bill, H.R. 2228, the following estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974: U.S. Congress, Congressional Budget Office, Washington, DC, November 15, 2017. Hon. Bob Goodlatte, Chairman, Committee on the Judiciary, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2228, the Law Enforcement Mental Health and Wellness Act of 2017. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Mark Grabowicz. Sincerely, Keith Hall. Enclosure. cc: Honorable John Conyers Jr. Ranking Member H.R. 2228--Law Enforcement Mental Health and Wellness Act of 2017 As ordered reported by the House Committee on the Judiciary on October 12, 2017 H.R. 2228 would require the Department of Justice (DOJ) to submit two reports to the Congress on programs and practices to improve the mental health of law enforcement officers. The bill also would direct DOJ to educate mental health providers about issues facing law enforcement officers, review the effectiveness of crisis hotlines for officers, and research the efficacy of annual mental health checks for those officers. Based on the costs of similar activities, CBO estimates that implementing the bill's provisions would cost about $1 million in fiscal year 2018, assuming the availability of appropriated funds. Enacting the bill would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. CBO estimates that enacting H.R. 2228 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. H.R. 2228 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. The CBO staff contact for this estimate is Mark Grabowicz. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. Duplication of Federal Programs No provision of H.R. 2228 establishes or reauthorizes a program of the Federal government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111-139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. Disclosure of Directed Rule Makings The Committee finds that H.R. 2228 contains no directed rule making within the meaning of 5 U.S.C. Sec. 551. Performance Goals and Objectives The Committee states that pursuant to clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, H.R. 2228 directs the Department of Justice to provide support for law enforcement agency efforts to protect the mental health and well-being of law enforcement officers. Advisory on Earmarks In accordance with clause 9 of rule XXI of the Rules of the House of Representatives, H.R. 2228 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI. Section-by-Section Analysis The following discussion describes the bill as reported by the Committee. Section 1. Short title. This section cites the short title of the legislation as the ``Law Enforcement Mental Health and Wellness Act of 2017.'' Sec. 2. Support for law enforcement agencies. This section has three components: (1) it directs the Department of Justice (DOJ) to report on Department of Defense and Department of Veterans Affairs mental health practices and services that could be adopted by law enforcement agencies; (2) it requires DOJ's Office of Community Oriented Policing Services to report on programs to address the psychological health and well-being of law enforcement officers; and (3) it amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the allowable use of grant funds under the Community Oriented Policing Services (COPS) program to include establishing peer mentoring mental health and wellness pilot programs within state, local, and tribal law enforcement agencies. Sec. 3. Support for mental health providers. This section requires DOJ to coordinate with the Department of Health and Human Services to develop educational resources for mental health providers regarding the culture of law enforcement agencies and therapies for mental health issues common to law enforcement officers. Sec. 4. Support for officers. This section requires DOJ to: (1) review existing crisis hotlines, recommend improvements, and research annual mental health checks; (2) examine the mental health and wellness needs of federal officers; and (3) ensure that recommendations, resources, or programs under this bill protect the privacy of participating officers. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 * * * * * * * TITLE I--JUSTICE SYSTEM IMPROVEMENT * * * * * * * PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT'' SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING GRANTS. (a) Grant Authorization.--The Attorney General shall carry out a single grant program under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsection (b). (b) uses of grant amounts.--The purposes for which grants made under subsection (a) may be made are-- (1) to rehire law enforcement officers who have been laid off as a result of State, tribal, or local budget reductions for deployment in community-oriented policing; (2) to hire and train new, additional career law enforcement officers for deployment in community- oriented policing across the Nation, including by prioritizing the hiring and training of veterans (as defined in section 101 of title 38, United States Code); (3) to procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in community-oriented policing; (4) to award grants to pay for offices hired to perform intelligence, anti-terror, or homeland security duties; (5) to increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community on proactive crime control and prevention by redeploying officers to such activities; (6) to provide specialized training to law enforcement officers to enhance their conflict resolution, mediation, problem solving, service, and other skills needed to work in partnership with members of the community; (7) to increase police participation in multidisciplinary early intervention teams; (8) to develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State, tribal, and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies; (9) to develop and implement innovative programs to permit members of the community to assist State, tribal, and local law enforcement agencies in the prevention of crime in the community, such as a citizens' police academy, including programs designed to increase the level of access to the criminal justice system enjoyed by victims, witnesses, and ordinary citizens by establishing decentralized satellite offices (including video facilities) of principal criminal courts buildings; (10) to establish innovative programs to reduce, and keep to a minimum, the amount of time that law enforcement officers must be away from the community while awaiting court appearances; (11) to establish and implement innovative programs to increase and enhance proactive crime control and prevention programs involving law enforcement officers and young persons in the community; (12) to establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat school-related crime and disorder problems, gangs, and drug activities; (13) to develop and establish new administrative and managerial systems to facilitate the adoption of community-oriented policing as an organization-wide philosophy; (14) to assist a State or Indian tribe in enforcing a law throughout the State or tribal community that requires that a convicted sex offender register his or her address with a State, tribal, or local law enforcement agency and be subject to criminal prosecution for failure to comply; (15) to establish, implement, and coordinate crime prevention and control programs (involving law enforcement officers working with community members) with other Federal programs that serve the community and community members to better address the comprehensive needs of the community and its members; (16) to support the purchase by a law enforcement agency of no more than 1 service weapon per officer, upon hiring for deployment in community-oriented policing or, if necessary, upon existing officers' initial redeployment to community-oriented policing; (17) to participate in nationally recognized active shooter training programs that offer scenario-based, integrated response courses designed to counter active shooter threats or acts of terrorism against individuals or facilities; (18) to provide specialized training to law enforcement officers to-- (A) recognize individuals who have a mental illness; and (B) properly interact with individuals who have a mental illness, including strategies for verbal de-escalation of crises; (19) to establish collaborative programs that enhance the ability of law enforcement agencies to address the mental health, behavioral, and substance abuse problems of individuals encountered by law enforcement officers in the line of duty; (20) to provide specialized training to corrections officers to recognize individuals who have a mental illness; (21) to enhance the ability of corrections officers to address the mental health of individuals under the care and custody of jails and prisons, including specialized training and strategies for verbal de- escalation of crises[; and]; (22) to permit tribal governments receiving direct law enforcement services from the Bureau of Indian Affairs to access the program under this section for use in accordance with paragraphs (1) through (21)[.]; and (23) to establish peer mentoring mental health and wellness pilot programs within State, tribal, and local law enforcement agencies. (c) Preferential Consideration of Applications for Certain Grants.--In awarding grants under this part, the Attorney General may give preferential consideration, where feasible, to an application-- (1) for hiring and rehiring additional career law enforcement officers that involves a non-Federal contribution exceeding the 25 percent minimum under subsection (g); (2) from an applicant in a State that has in effect a law that-- (A) treats a minor who has engaged in, or has attempted to engage in, a commercial sex act as a victim of a severe form of trafficking in persons; (B) discourages or prohibits the charging or prosecution of an individual described in subparagraph (A) for a prostitution or sex trafficking offense, based on the conduct described in subparagraph (A); and (C) encourages the diversion of an individual described in subparagraph (A) to appropriate service providers, including child welfare services, victim treatment programs, child advocacy centers, rape crisis centers, or other social services; or (3) from an applicant in a State that has in effect a law-- (A) that-- (i) provides a process by which an individual who is a human trafficking survivor can move to vacate any arrest or conviction records for a non-violent offense committed as a direct result of human trafficking, including prostitution or lewdness; (ii) establishes a rebuttable presumption that any arrest or conviction of an individual for an offense associated with human trafficking is a result of being trafficked, if the individual-- (I) is a person granted nonimmigrant status pursuant to section 101(a)(15)(T)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(T)(i)); (II) is the subject of a certification by the Secretary of Health and Human Services under section 107(b)(1)(E) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(1)(E)); or (III) has other similar documentation of trafficking, which has been issued by a Federal, State, or local agency; and (iii) protects the identity of individuals who are human trafficking survivors in public and court records; and (B) that does not require an individual who is a human trafficking survivor to provide official documentation as described in subclause (I), (II), or (III) of subparagraph (A)(ii) in order to receive protection under the law. (d) Technical Assistance.-- (1) In general.--The Attorney General may provide technical assistance to States, units of local government, Indian tribal governments, and to other public and private entities, in furtherance of the purposes of the Public Safety Partnership and Community Policing Act of 1994. (2) Model.--The technical assistance provided by the Attorney General may include the development of a flexible model that will define for State and local governments, and other public and private entities, definitions and strategies associated with community or problem-oriented policing and methodologies for its implementation. (3) Training centers and facilities.--The technical assistance provided by the Attorney General may include the establishment and operation of training centers or facilities, either directly or by contracting or cooperative arrangements. The functions of the centers or facilities established under this paragraph may include instruction and seminars for police executives, managers, trainers, supervisors, and such others as the Attorney General considers to be appropriate concerning community or problem-oriented policing and improvements in police-community interaction and cooperation that further the purposes of the Public Safety Partnership and Community Policing Act of 1994. (e) Utilization of Components.--The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. (f) Minimum Amount.--Unless all applications submitted by any State and grantee within the State pursuant to subsection (a) have been funded, each qualifying State, together with grantees within the State, shall receive in each fiscal year pursuant to subsection (a) not less than 0.5 percent of the total amount appropriated in the fiscal year for grants pursuant to that subsection. In this subsection, ``qualifying State'' means any State which has submitted an application for a grant, or in which an eligible entity has submitted an application for a grant, which meets the requirements prescribed by the Attorney General and the conditions set out in this part. (g) Matching Funds.--The portion of the costs of a program, project, or activity provided by a grant under subsection (a) may not exceed 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this subsection of a non-Federal contribution to the costs of a program, project, or activity. In relation to a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease from year to year for up to 5 years, looking toward the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support, as provided in an approved plan pursuant to section 1702(c)(8). (h) Allocation of Funds.--The funds available under this part shall be allocated as provided in section 1001(a)(11)(B). (i) Termination of Grants for Hiring Officers.--Except as provided in subsection (j), the authority under subsection (a) of this section to make grants for the hiring and rehiring of additional career law enforcement officers shall lapse at the conclusion of 6 years from the date of enactment of this part. Prior to the expiration of this grant authority, the Attorney General shall submit a report to Congress concerning the experience with and effects of such grants. The report may include any recommendations the Attorney General may have for amendments to this part and related provisions of law in light of the termination of the authority to make grants for the hiring and rehiring of additional career law enforcement officers. (j) Grants to Indian Tribes.-- (1) In general.--Notwithstanding subsection (i) and section 1703, and in acknowledgment of the Federal nexus and distinct Federal responsibility to address and prevent crime in Indian country, the Attorney General shall provide grants under this section to Indian tribal governments, for fiscal year 2011 and any fiscal year thereafter, for such period as the Attorney General determines to be appropriate to assist the Indian tribal governments in carrying out the purposes described in subsection (b). (2) Priority of funding.--In providing grants to Indian tribal governments under this subsection, the Attorney General shall take into consideration reservation crime rates and tribal law enforcement staffing needs of each Indian tribal government. (3) Federal share.--Because of the Federal nature and responsibility for providing public safety on Indian land, the Federal share of the cost of any activity carried out using a grant under this subsection-- (A) shall be 100 percent; and (B) may be used to cover indirect costs. (4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2011 through 2015. (k) Report.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall submit to Congress a report describing the extent and effectiveness of the Community Oriented Policing (COPS) initiative as applied in Indian country, including particular references to-- (1) the problem of intermittent funding; (2) the integration of COPS personnel with existing law enforcement authorities; and (3) an explanation of how the practice of community policing and the broken windows theory can most effectively be applied in remote tribal locations. * * * * * * * [all]