[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.
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