Grants for mental health professionals to act as first responders

Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb–31 et seq.) is amended by adding at the end the following:

520N.

Grants for mental health professionals to act as first responders

(a)

In general

The Secretary, acting through the Assistant Secretary, and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall award grants to States, Indian Tribes, Tribal organizations, Urban Indian organizations, and political subdivisions thereof to establish or expand programs— (1)to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which— (A)an individual calling 911, 988, or another emergency hotline states that a person— (i)is in a mental health crisis; or (ii)may have a mental illness or an intellectual or developmental disability; (B)a law enforcement officer or other first responder identifies a person as having (or possibly having) a mental illness or an intellectual or developmental disability; or (C)a law enforcement officer or other first responder identifies a person as being (or possibly being) under the influence of a legal or illegal substance; (2)to include in the training for mental health professionals pursuant to paragraph (1) training in— (A)the principles of deescalation; and (B)developmentally appropriate techniques; (3)to ensure that such mental health professionals link persons described in subparagraph (A), (B), or (C) of paragraph (1) with voluntary community-based services where appropriate; (4)to train the staff of dispatch centers regarding the proper handling of a report of an emergency described in paragraph (1), including training in the principles and techniques referred to in subparagraphs (A) and (B) of paragraph (2); and (5)to coordinate with law enforcement agencies, which may include operating independently from but in collaboration with a law enforcement agency, or operating within such an agency. (b)

Additional awards

The Secretary shall make an additional award of funds under this section each fiscal year to grantees that— (1)are in compliance with all conditions of their awards under this section, including the conditions specified in subsections (a) and (d); and (2)demonstrate that their programs under this section resulted in— (A)a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or (B)a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based, voluntary support services (other than institutionalization or carceral support services). (c)

Priority

In awarding grants under this section, the Secretary shall give priority to States, Indian Tribes, Tribal organizations, Urban Indian organizations, and political subdivisions thereof that— (1) have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; (2)commit to increasing resources for mental health and community-based support services or solutions for such persons; or (3)include peer support specialists in their current first responder model. (d)

Reporting

(1)

By grantees

A recipient of a grant under this section shall submit to the Secretary— (A)a quarterly report on— (i)the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; (ii)such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (b); and (iii)any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available and permitted to be disclosed under applicable privacy law, so as— (I)to provide a critical baseline analysis; and (II)to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and (B)a final report on the use of such grant. (2)

By Secretary

Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to the Congress a report on the grant program under this section. (3)

Disaggregation of data

The reporting pursuant to paragraphs (1) and (2) shall, to the extent determined by the Secretary to be applicable, be disaggregated by age, sex, gender, race, and ethnicity. (e)

Revocation of grant

If the Secretary finds, based on reporting under subsection (d) or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization— (1)the Secretary shall revoke the grant; and (2)the grantee shall repay to the Federal Government any amounts that the grantee— (A)received through the grant; and (B)has not obligated or expended. (f)

Technical assistance

The Secretary, acting through the Assistant Secretary, and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice, shall provide technical assistance to grantees under this section (or other Federal law), and to other States, Indian Tribes, Tribal organizations, Urban Indian organizations, and political subdivisions thereof to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers, as described in subsection (a). (g)

Definitions

In this section, the terms Indian Tribe, Tribal organization, and Urban Indian organization have the meanings given to the terms Indian tribe, tribal organization, and Urban Indian organization, respectively, in section 4 of the Indian Health Care Improvement Act. (h)

Funding

To carry out this section, there is authorized to be appropriated $250,000,000 for the period of fiscal years 2023 through 2027.