[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8542 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 8542


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2022

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
 To amend the Public Health Service Act to authorize grants to 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 in emergencies involving one or more persons with a mental 
 illness or an intellectual or developmental disability, and for other 
                               purposes.


 


    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 ``Mental Health Justice Act of 2022''.

SEC. 2. 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:

``SEC. 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.''.

SEC. 3. STUDY.

    (a) In General.--The Secretary of Health and Human Services and the 
Assistant Attorney General for the Civil Rights Division of the 
Department of Justice shall conduct a study on the effectiveness of 
programs and activities under section 520N of the Public Health Service 
Act, as added by section 2.
    (b) Qualitative and Longitudinal Examination.--The study under 
subsection (a) shall include a qualitative and longitudinal study of--
            (1) the number of persons diverted from arrests; and
            (2) short- and long-term outcomes for those persons, 
        including reduced recidivism, reduced incidences of use of 
        force, and reduced utilization of resources.
    (c) Completion; Report.--Not later than 3 years after the date of 
enactment of this Act, the Secretary of Health and Human Services and 
the Assistant Attorney General for the Civil Rights Division of the 
Department of Justice shall--
            (1) complete the study under subsection (a);
            (2) submit a report to the Congress on the results of such 
        study; and
            (3) publish such report.

SEC. 4. RULE OF CONSTRUCTION.

    (a) Hiring of Law Enforcement Officers.--Nothing in this Act shall 
be construed to remove, supplant, alter, or limit the authority of 
States, public agencies, or municipalities from hiring or recruiting 
career law enforcement officers (as defined in section 1709 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10389)) 
to engage in or supervise the prevention, detection, or investigation 
of violations of criminal laws when appropriate.
    (b) Circumstances of Imminent or Immediate Danger.--Nothing in this 
Act shall be construed to impede, supplant, alter, or limit the use of 
career law enforcement officers during emergencies which career law 
enforcement officers may be best suited to handle, including 
circumstances that are urgent, sudden, serious, or necessitate 
immediate action to remedy harm or avert imminent danger to life, 
health, or property.

            Passed the House of Representatives September 22, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.

                               By Kevin F. McCumber,

                                                          Deputy Clerk.