[House Report 116-140]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-140
======================================================================
SUPPORTING AND TREATING OFFICERS IN CRISIS ACT OF 2019
_______
July 9, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2368]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2368) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to expand support for police officer family
services, stress reduction, and suicide prevention, 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......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose and Summary
H.R. 2368, the ``Supporting and Treating Officers in Crisis
Act of 2019,'' would modify an existing, but expired,
authorization that provided support to law enforcement
officers' (LEO) families to add mental health and suicide
prevention programs directed at LEOs. The proposed bill would
also reauthorize the family support provisions and would
appropriate up to $7,500,000 per fiscal year, from 2020 to
2024, to carry out both family and LEO mental health programs.
Background and Need for the Legislation
BACKGROUND
The Violent Crime Control and Law Enforcement Act of
1994\1\ authorized the Attorney General to create a grant
program that provided family support services to LEOs.\2\ From
1996 to 2000, the program, which required a dollar-for-dollar
match from the grant recipient, provided grant recipients funds
and technical support to establish and expand mental health
services for LEOs and their families.\3\ Congress last
appropriated $7,500,000 for the program in 2000,\4\ and the
Department of Justice (DOJ) last awarded funding for the
program in 2005.\5\ In 2017, Congress passed the Law
Enforcement Mental Health and Wellness Act of 2017,\6\ which
required the DOJ to publish reports of the Department's officer
mental health efforts and established a pilot peer-to-peer
mentoring grant program for LEOs. H.R. 2368 expands upon the
Law Enforcement Mental Health and Wellness Act by authorizing
grant funding to provide direct mental health services to LEOs.
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\1\Pub. L. No. 103-322, 108 Stat. 1796 (1994).
\2\Id.
\3\34 U.S. Code Sec. 10493(b)((b)(1))(1) (2019) (``Counseling for
law enforcement family members), (4) (``Stress reduction programs).
\4\NOT SURE IF THIS CITE IS CORRECT: Pub. L. No. 103-322. (it's the
Violent Crime Control & Law Enforcement Act of 1994).
\5\34 U.S.C. Sec. 10495(b) (2019) (authorizing grants under this
program for up to five years).
\6\Pub. L. No. 115-113; 131 Stat. 2276 (2018).
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NEED FOR THE LEGISLATION
Studies consistently show that LEOs have above-average
stress levels in their jobs.\7\ Among the top stress-inducing
events that LEOs report regularly facing are:
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\7\Vincent B. Van Hasselt et al., The Law Enforcement Officer
Stress Survey: Evaluation of Psychometric Properties, Behavior
Modification, vol. 32, no. 1 (Jan. 2008), http://citeseerx.ist.psu.edu/
viewdoc/download?doi=10.1.1.589.8492&rep=rep1&type=pdf.
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Dealing with family disputes and crisis
situations (83%);
Responding to felonies in progress (80%);
Dealing with insufficient department support
for their mission (77%);
Situations requiring the use of force (59%);
Exposure to dead or battered children (27%);
and
Being physically attacked (23%).\8\
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\8\ John M. Violanti et al., Highly Rated & Most Frequent Stressors
Among Police Officers: Gender Differences, Am. J. of Crim. Just., tab.
2 (Dec. 2016), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5330309.
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Physical manifestations of stress pervade the LEO
community. One study estimated that between 25% and 30% of
police officers have stress-based physical health problems,
most notably high blood pressure, coronary heart disease, and
gastrointestinal disorders.\9\ Given the high exposure to
stressful events, it follows that the mental health
consequences for LEOs are pervasive. A study of Ohio police
officers found that 7% of officers sampled met the criteria for
post-traumatic stress disorder.\10\ Exposure to stressful
events leads to a greater instance of adverse outcomes for LEOs
than the general population. The Centers for Disease Control
concluded that the rate of suicides among workers in protective
services, those that are employed in law enforcement and
firefighting, is 50% higher than the national average.\11\ In
recent years, more LEOs have died from suicide than in the line
of duty. According to Blue H.E.L.P., an advocacy organization
that works to reduce mental health stigma in the law
enforcement community, 167 LEOs committed suicide in 2018,
compared to 169 suicides in 2017 and 142 suicides in 2016.\12\
By comparison, 144 LEOs died in the line of duty, from
homicides, traffic accidents, and other causes in 2018.\13\
H.R. 2368 would help address these serious issues.
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\9\Darrien R. Bush & Phillip Neely, Stress Recognition In Law
Enforcement Organizations, Am. J. of Health Sci. vol 6, no. 1 (June
2015), https://clutejournals.com/index.php/AJHS/article/download/9292/
9299.
\10\Ingrid Carlier et al., Risk Factors for Posttraumatic Stress
Symptomatology in Police Officers: A Prospective Analysis, J. of
Nervous & Mental Disease, vol. 185, issue 8 (Aug. 1997), https://
journals.lww.com/jonmd/Abstract/1997/08000/
Risk_Factors_for_Posttraumatic_Stress. 4.aspx.
\11\ Cora Peterson et al, Suicide Rates by Occupational Group--17
States, 2012 and 2015, Ctr. for Disease Control & Prevention, Morbidity
& Mortality Wkly. Rep. (Nov. 16, 2018), https://www.cdc.gov/mmwr/
volumes/67/wr/mm6745a1.htm?s_cid=mm6745a1_w.
\12\BLUE H.E.L.P., https://bluehelp.org/ (last visited June 15,
2019).
\13\Doug Stanglin, 144 Police Officers Died in the Line of Duty in
2018, Reversing a One-Year Decline, USA TODAY, Dec. 27, 2018, https://
www.usatoday.com/story/news/2018/12/27/
police_deaths_144_killed_line_duty_2018/2423797002/.
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Hearings
No legislative hearings were held on H.R. 2368.
Committee Consideration
On June 12, 2019, the Committee met in open session and
ordered the bill, H.R. 2368, favorably reported, without
amendment, 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 no
rollcall votes occurred during the Committee's consideration of
H.R. 2368. The bill passed by unanimous voice vote.
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. 2368, 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, June 26, 2019.
Hon. Jerrold Nadler,
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. 2368, the
Supporting and Treating Officers in Crisis Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Mark P. Hadley
(For Phillip L. Swagel, Director).
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 2368 would authorize the appropriation of $7.5 million
annually over the 2020-2024 period for Department of Justice to
make grants to state and local law enforcement agencies and
other organizations to provide family support services to law
enforcement personnel. Assuming appropriation of the authorized
amounts, CBO estimates that implementing the bill would cost
about $25 million over the 2020-2024 period and $13 million
after 2024. Estimated outlays are based on historical spending
patterns for similar programs.
The costs of the legislation (detailed in Table 1) fall
within budget function 750 (administration of justice).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
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2019 2020 2021 2022 2023 2024 2019-2024
----------------------------------------------------------------------------------------------------------------
Authorization........................................ 0 8 8 8 8 8 38
Estimated Outlays.................................... 0 2 4 5 7 8 25
----------------------------------------------------------------------------------------------------------------
Details may not sum to totals because of rounding.
The CBO staff contact for this estimate is Mark Grabowicz.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Duplication of Federal Programs
No provision of H.R. 2368 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.
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.
2368 would expand the type and scope of mental health services
recipients of the grant program are able to provide to law
enforcement officers and their families. The STOIC Act seeks to
specifically expand funding that buttresses grantee suicide
prevention efforts.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2368 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec 1. Short Title. Section 1 sets forth the short title of
the bill as the ``Supporting and Treating Officers In Crisis
Act of 2019.''
Sec 2. Expanding Support for Police Officer Family
Services, Stress Reduction, and Suicide Prevention. Section 2
renames the subsection from ``Family Support'' to ``Support for
Law Enforcement Officers and Families.'' It requires the
Attorney General to provide technical assistance and training
programs to state and local law enforcement agencies so that
they may develop psychological services and suicide prevention
programs, in addition to the stress reduction and family
support programs previously authorized. This section expands
the general authorization of the family support grant program
to include mental health services.
Additionally, section 2 adds a number of options for grant
recipients to choose from when providing services. Under the
expired program, the grant conditions required that recipients
choose from various services to provide LEO family support.
This section proposes additions to the list to include
counseling for law enforcement officers and their family
members and evidence-based programs to reduce stress, prevent
suicide, and promote mental health. The proposed changes add
mental health and suicide prevention hotlines, counseling for
injured or permanently disabled LEOs who were injured in the
line of duty, and specialized training for responding to
officer mental health crises and suicide. This section also
expands the optional program offering involving human
immunodeficiency virus to cover counseling for all infectious
diseases.
Sec 3. Reauthorizing Grant Programs for Supporting Law
Enforcement Officers and Families. Section 3 authorizes funding
of up to $7,500,000 for each fiscal year from 2020 through
2024.
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, H.R. 2368, as reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no changes are proposed is shown in roman):
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 J--Funding
authorization of appropriations
Sec. 1001. (a)(1) There is authorized to be appropriated
$30,000,000 for fiscal year 1992 and $33,000,000 for each of
the fiscal years 1994 and 1995 to carry out the functions of
the Bureau of Justice Statistics.
(2) There is authorized to be appropriated $30,000,000 for
fiscal year 1992 and $33,000,000 for each of the fiscal years
1994 and 1995 to carry out the functions of the National
Institute of Justice.
(3) There are authorized to be appropriated such sums as may
be necessary for fiscal year 1992 and $28,000,000 for each of
the fiscal years 1994 and 1995 to carry out the remaining
functions of the Office of Justice Programs and the Bureau of
Justice Assistance other than functions under parts D, E, F, G,
L, M, N, O, P, Q, or R or EE.
(4) There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out part L of this
title.
(5) There are authorized to be appropriated such sums as may
be necessary for fiscal year 1992 and $1,000,000,000 for each
of the fiscal years 1994 and 1995 to carry out the programs
under parts D and E (other than chapter B of subpart 2) (other
than chapter B of subpart 2 of part E) of this title.
(6) There are authorized to be appropriated such sums as may
be necessary for fiscal year 1992, $245,000,000 for fiscal year
1993, and such sums as may be necessary for fiscal year 1994
and 1995 to carry out chapter B of subpart 2 of part E of this
title.
(7) There is authorized to be appropriated to carry out part
N $1,000,000 for each of fiscal years 2001 through 2005.
(8) There are authorized to be appropriated such sums as may
be necessary for fiscal year 1992, $16,500,000 for fiscal year
1993, and such sums as may be necessary for fiscal year 1994
and 1995.
(9) There are authorized to be appropriated to carry out part
O--
(A) $24,000,000 for fiscal year 1996;
(B) $40,000,000 for fiscal year 1997;
(C) $50,000,000 for fiscal year 1998;
(D) $60,000,000 for fiscal year 1999; and
(E) $66,000,000 for fiscal year 2000.
(10) There are authorized to be appropriated $10,000,000 for
each of the fiscal years 1994, 1995, and 1996 to carry out
projects under part P.
(11)(A) There are authorized to be appropriated to carry out
part Q, to remain available until expended $1,047,119,000 for
each of fiscal years 2006 through 2009.
(B) Of funds available under part Q in any fiscal year, up to
3 percent may be used for technical assistance under section
1701(d) or for evaluations or studies carried out or
commissioned by the Attorney General in furtherance of the
purposes of part Q. Of the remaining funds, 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations exceeding 150,000 or
by public and private entities that serve areas with
populations exceeding 150,000, and 50 percent shall be
allocated for grants pursuant to applications submitted by
units of local government or law enforcement agencies having
jurisdiction over areas with populations 150,000 or less or by
public and private entities that serve areas with populations
150,000 or less. In view of the extraordinary need for law
enforcement assistance in Indian country, an appropriate amount
of funds available under part Q shall be made available for
grants to Indian tribal governments or tribal law enforcement
agencies.
(16) There are authorized to be appropriated to carry out
projects under part R--
(A) $20,000,000 for fiscal year 1996;
(B) $25,000,000 for fiscal year 1997;
(C) $30,000,000 for fiscal year 1998;
(D) $35,000,000 for fiscal year 1999; and
(E) $40,000,000 for fiscal year 2000.
(17) There are authorized to be appropriated to carry out the
projects under part S--
(A) $27,000,000 for fiscal year 1996;
(B) $36,000,000 for fiscal year 1997;
(C) $63,000,000 for fiscal year 1998;
(D) $72,000,000 for fiscal year 1999; and
(E) $72,000,000 for fiscal year 2000.
(18) There is authorized to be appropriated to carry out part
T $222,000,000 for each of fiscal years 2014 through 2018.
(19) There is authorized to be appropriated to carry out part
U $73,000,000 for each of fiscal years 2014 through 2018. Funds
appropriated under this paragraph shall remain available until
expended.
(20) There are authorized to be appropriated to carry out
part V, $10,000,000 for each of fiscal years 2001 through 2004.
[(21) There are authorized to be appropriated to carry out
part W--
[(1) $2,500,000 for fiscal year 1996;
[(2) $4,000,000 for fiscal year 1997;
[(3) $5,000,000 for fiscal year 1998;
[(4) $6,000,000 for fiscal year 1999; and
[(5) $7,500,000 for fiscal year 2000.]
(21) There are authorized to be appropriated to carry out
part W, $7,500,000 for each of fiscal years 2020 through 2024.
(22) There are authorized to be appropriated to carry out
part X--
(1) $1,000,000 for fiscal year 1996;
(2) $3,000,000 for fiscal year 1997;
(3) $5,000,000 for fiscal year 1998;
(4) $13,500,000 for fiscal year 1999; and
(5) $17,500,000 for fiscal year 2000.
(23) There is authorized to be appropriated to carry out part
Y, $30,000,000 for fiscal year 2020, and each fiscal year
thereafter.
(24) There are authorized to be appropriated to carry out
part BB, to remain available until expended--
(A) $35,000,000 for fiscal year 2001;
(B) $85,400,000 for fiscal year 2002;
(C) $134,733,000 for fiscal year 2003;
(D) $128,067,000 for fiscal year 2004;
(E) $56,733,000 for fiscal year 2005;
(F) $42,067,000 for fiscal year 2006;
(G) $20,000,000 for fiscal year 2007;
(H) $20,000,000 for fiscal year 2008;
(I) $20,000,000 for fiscal year 2009; and
(J) $13,500,000 for fiscal year 2017;
(K) $18,500,000 for fiscal year 2018;
(L) $19,000,000 for fiscal year 2019;
(M) $21,000,000 for fiscal year 2020; and
(N) $23,000,000 for fiscal year 2021.
(25)(A) Except as provided in subparagraph (C), there is
authorized to be appropriated to carry out part EE $75,000,000
for each of fiscal years 2018 through 2023.
(B) The Attorney General shall reserve not less than 1
percent and not more than 4.5 percent of the sums appropriated
for this program in each fiscal year for research and
evaluation of this program.
(C) No funds made available to carry out part EE shall be
expended if the Attorney General fails to submit the report
required to be submitted under section 2401(c) of title II of
Division B of the 21st Century Department of Justice
Appropriations Authorization Act.
(26) There are authorized to be appropriated to carry
out part CC $10,000,000 for each of fiscal years 2009
and 2010.
(27) There are authorized to be appropriated to carry
out part LL $103,000,000 for each of fiscal years 2017
and 2018, and $330,000,000 for each of fiscal years
2019 through 2023.
(28) There are authorized to be appropriated to carry
out section 3031(a)(4) of part NN $5,000,000 for each
of fiscal years 2019, 2020, 2021, 2022, and 2023.
(b) Funds appropriated for any fiscal year may remain
available for obligation until expended.
(c) Notwithstanding any other provision of law, no funds
appropriated under this section for part E of this title may be
transferred or reprogrammed for carrying out any activity which
is not authorized under such part.
* * * * * * *
PART W-- [FAMILY SUPPORT] SUPPORT FOR LAW ENFORCEMENT OFFICERS AND
FAMILIES
SEC. 2301. DUTIES.
The Attorney General shall--
(1) establish guidelines and oversee the
implementation of family-friendly policies within law
enforcement-related offices and divisions in the
Department of Justice;
(2) study the effects of stress on law enforcement
personnel and family well-being and disseminate the
findings of such studies to Federal, State, and local
law enforcement agencies, related organizations, and
other interested parties, including any research and
reports developed under the Law Enforcement Mental
Health and Wellness Act of 2017 (Public Law 115-113;
131 Stat. 2276) ;
(3) identify and evaluate model programs that provide
support services to law enforcement personnel and
families;
(4) provide technical assistance and training
programs to develop stress reduction, psychological
services, suicide prevention, and family support to
State and local law enforcement agencies;
(5) collect and disseminate information regarding
family support, stress reduction, and psychological
services to Federal, State, and local law enforcement
agencies, law enforcement-related organizations, and
other interested entities; and
(6) determine issues to be researched by the
Department of Justice and by grant recipients.
SEC. 2302. GENERAL AUTHORIZATION.
The Attorney General may make grants to States and local law
enforcement agencies and to organizations representing State or
local law enforcement personnel to provide family support
services and mental health services to law enforcement
personnel.
SEC. 2303. USES OF FUNDS.
(a) In General.--A State or local law enforcement agency or
organization that receives a grant under this Act shall use
amounts provided under the grant to establish or improve
training and support programs for law enforcement personnel.
(b) Required Activities.--A law enforcement agency or
organization that receives funds under this part shall provide
at least one of the following services:
(1) Counseling for law enforcement officers and
family members.
(2) Child care on a 24-hour basis.
(3) Marital and adolescent support groups.
[(4) Stress reduction programs.]
(4) Evidence-based programs to reduce stress, prevent
suicide, and promote mental health.
(5) Stress education for law enforcement recruits and
families.
(6) Technical assistance and training programs to
support any or all of the services described in
paragraphs (1), (2), (3), (4), and (5).
(c) Optional Activities.--A law enforcement agency or
organization that receives funds under this part may provide
the following services:
(1) Post-shooting debriefing for officers and their
spouses.
(2) Group therapy.
(3) Hypertension clinics.
(4) Critical incident response on a 24-hour basis.
(5) Law enforcement family crisis, mental health
crisis, and suicide prevention telephone services on a
24-hour basis.
(6) Counseling for law enforcement personnel exposed
to the [human immunodeficiency virus] infectious
disease .
(7) Counseling for peers.
(8) Counseling for families of personnel killed,
injured, or permanently disabled in the line of duty.
(9) Seminars regarding alcohol, drug use, gambling,
and overeating.
[(10) Technical assistance and training to support
any or all of the services described in paragraphs (1),
(2), (3), (4), (5), (6), (7), (8), and (9).]
(10) Specialized training for identifying, reporting,
and responding to officer mental health crises and
suicide.
(11) Technical assistance and training to support any
or all of the services described in paragraphs (1)
through (10).
* * * * * * *
[all]