[House Report 117-336]
[From the U.S. Government Publishing Office]
117th Congress } { Rept. 117-336
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS
DISORDER LAW ENFORCEMENT TRAINING ACT
_______
May 18, 2022.--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. 2992]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2992) to direct the Attorney General to develop
crisis intervention training tools for use by first responders
related to interacting with persons who have a traumatic brain
injury, another form of acquired brain injury, or post-
traumatic stress disorder, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
Committee Estimate of Budgetary Effects.......................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Section-by-Section Analysis...................................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Committee Correspondence......................................... 25
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Traumatic Brain Injury and Post-
Traumatic Stress Disorder Law Enforcement Training Act'' or the ``TBI
and PTSD Law Enforcement Training Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Centers for Disease Control and
Prevention, there were approximately 2.9 million traumatic
brain injury-related emergency department visits,
hospitalizations, and deaths in the United States in 2014.
(2) Effects of traumatic brain injury (TBI) can be short-term
or long-term, and include impaired thinking or memory,
movement, vision or hearing, or emotional functioning, such as
personality changes or depression.
(3) Currently, between 3.2 million and 5.3 million persons
are living with a TBI-related disability in the United States.
(4) About 7 or 8 percent of Americans will experience post-
traumatic stress disorder (PTSD) at some point in their lives,
and about 8 million adults have PTSD during the course of a
given year.
(5) TBI and PTSD have been recognized as the signature
injuries of the Wars in Iraq and Afghanistan.
(6) According to the Department of Defense, 383,000 men and
women deployed to Iraq and Afghanistan sustained a brain injury
while in the line of duty between 2000 and 2018.
(7) Approximately 13.5 percent of Operations Iraqi Freedom
and Enduring Freedom veterans screen positive for PTSD,
according to the Department of Veteran Affairs.
(8) About 12 percent of Gulf War Veterans have PTSD in a
given year while about 30 percent of Vietnam Veterans have had
PTSD in their lifetime.
(9) Physical signs of TBI can include motor impairment,
dizziness or poor balance, slurred speech, impaired depth
perception, or impaired verbal memory, while physical signs of
PTSD can include agitation, irritability, hostility,
hypervigilance, self-destructive behavior, fear, severe
anxiety, or mistrust.
(10) Physical signs of TBI and PTSD often overlap with
physical signs of alcohol or drug impairment, which complicate
a first responder's ability to quickly and effectively identify
an individual's condition.
SEC. 3. CREATION OF A TBI AND PTSD TRAINING FOR FIRST RESPONDERS.
Part HH of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (34 U.S.C. 10651 et seq.) is amended--
(1) in section 2991--
(A) in subsection (h)(1)(A), by inserting before the
period at the end the following: ``, including the
training developed under section 2993''; and
(B) in subsection (o), by amending paragraph (1) to
read as follows:
``(1) In general.--There is authorized to be appropriated to
the Department of Justice to carry out this section $54,000,000
for each of fiscal years 2023 through 2027.''; and
(2) by inserting after section 2992 the following new
section:
``SEC. 2993. CREATION OF A TBI AND PTSD TRAINING FOR FIRST RESPONDERS.
``(a) In General.--Not later than one year after the date of the
enactment of this section, the Attorney General, acting through the
Director of the Bureau of Justice Assistance, in consultation with the
Director of the Centers for Disease Control and Prevention and the
Assistant Secretary for Mental Health and Substance Use, shall solicit
best practices regarding techniques to interact with persons who have a
traumatic brain injury, an acquired brain injury, or post-traumatic
stress disorder from first responder, brain injury, veteran, and mental
health organizations, health care and mental health providers, hospital
emergency departments, and other relevant stakeholders, and shall
develop crisis intervention training tools for use by first responders
(as such term is defined in section 3025) that provide--
``(1) information on the conditions and symptoms of a
traumatic brain injury, an acquired brain injury, and post-
traumatic stress disorder;
``(2) techniques to interact with persons who have a
traumatic brain injury, an acquired brain injury, or post-
traumatic stress disorder; and
``(3) information on how to recognize persons who have a
traumatic brain injury, an acquired brain injury, or post-
traumatic stress disorder.
``(b) Use of Training Tools at Law Enforcement Mental Health Learning
Sites.--The Attorney General shall ensure that not less than one Law
Enforcement Mental Health Learning Site designated by the Director of
the Bureau of Justice Assistance uses the training tools developed
under subsection (a).
``(c) Police Mental Health Collaboration Toolkit.--The Attorney
General shall make the training tools developed under subsection (a)
available as part of the Police-Mental Health Collaboration Toolkit
provided by the Bureau of Justice Assistance.''.
SEC. 4. SURVEILLANCE AND REPORTING FOR FIRST RESPONDERS WITH TBI.
Section 393C of the Public Health Service Act (42 U.S.C. 280b-1d) is
amended by adding at the end the following:
``(d) Law Enforcement and First Responder Surveillance.--
``(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
implement concussion data collection and analysis to determine
the prevalence and incidence of concussion among first
responders (as such term is defined in section 3025 of the
Omnibus Crime Control and Safe Street Act of 1968 (34 U.S.C.
10705)).
``(2) Report.--Not later than 18 months after the date of the
enactment of this subsection, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention and
the Director of the National Institutes of Health and in
consultation with the Secretary of Defense and the Secretary of
Veterans Affairs, shall submit to the relevant committees of
Congress a report that contains the findings of the
surveillance conducted under paragraph (1). The report shall
include surveillance data and recommendations for resources for
first responders who have experienced traumatic brain
injury.''.
Purpose and Summary
H.R. 2992, the ``Traumatic Brain Injury and Post-Traumatic
Stress Disorder Law Enforcement Training Act'' or the ``TBI and
PTSD Law Enforcement Training Act,'' would require the Bureau
of Justice Assistance to establish crisis intervention training
tools for first responders to recognize and assist individuals
with traumatic brain injuries, acquired brain injuries, and
post-traumatic stress disorder. The bill would also require the
Centers for Disease Control and Prevention (CDC) to study the
prevalence of TBI and concussion among first responders.
Background and Need for the Legislation
According to the CDC, there were approximately 2.9 million
TBI-related emergency department visits, hospitalizations, and
deaths in the U.S. in 2014\1\ and TBI's were identified in 25%
of all injury-related deaths in 2017.\2\ Depending on the
severity of the injury, those who get a TBI may face health
problems that last a few days or the rest of their lives.
Effects of traumatic brain injury can be short-term or long-
term, and include impaired thinking, memory, movement, vision,
hearing, or emotional functioning, such as personality changes
or depression.\3\
---------------------------------------------------------------------------
\1\Centers for Disease Control and Prevention, Surveillance Report
of Traumatic Brain Injury-related Emergency Department Visits,
Hospitalizations, and Deaths, United States, 2014, https://www.cdc.gov/
traumaticbraininjury/pdf/TBI-Surveillance-Report-508.pdf.
\2\Centers for Disease Control and Prevention, Traumatic Brain
Injury-related Deaths by Age Group, Sex, and Mechanism of Injury,
United States, 2018 and 2019, https://www.cdc.gov/traumaticbraininjury/
pdf/TBI-surveillance-report-2018-2019-508.pdf.
\3\Centers for Disease Control and Prevention, Potential Effects of
a Moderate or Severe TBI, https://www.cdc.gov/traumaticbraininjury/
moderate-severe/potential-effects.html.
---------------------------------------------------------------------------
More than 430,000 U.S. service members were diagnosed with
a TBI from 2000 through2020.\4\ Service members and veterans
who have sustained a TBI may have ongoing symptoms and
experience co-occurring health conditions such as PTSD and
depression.\5\ Law enforcement and first responders may have
trouble identifying individuals with TBI and PTSD.
---------------------------------------------------------------------------
\4\Centers for Disease Control and Prevention and National
Institutes of Health, Report to Congress on Traumatic Brain Injury in
the United States: Understanding the Public Health Problem among
Current and Former Military Personnel, June 2013, https://www.cdc.gov/
traumaticbraininjury/pdf/
Report_to_Congress_on_Traumatic_Brain_Injury_2013-a.pdf.
\5\Id.
---------------------------------------------------------------------------
Many of the symptoms of TBI and PTSD, such as confusion,
inability to follow directions, and impaired thinking or
memory, can be misinterpreted or mistaken for intoxication.
Additionally, other symptoms like agitation or irritability can
raise safety issues for the individual with law enforcement and
first responders. ``With more than 240 million 911 calls made
each year, police have become the default first responders to
nearly every social issue people and their communities face--
from mental illness to substance use to homelessness.''\6\
Crisis Intervention Team (CIT) programs are an innovative,
community-based approach to improve the outcomes of encounters
between law enforcement and individuals in crisis by offering a
specialized response and diverting individuals away from arrest
and incarceration and towards mental health services and other
resources.
---------------------------------------------------------------------------
\6\Investing in Evidence-Based Alternatives to Policing: Civilian
Crisis Response, Vera Institute of Justice, August 2021, https://
www.vera.org/downloads/publications/alternatives-to-policing-civilian-
crisis-response-fact-sheet.pdf.
---------------------------------------------------------------------------
CIT programs focus on the need for advanced training and
specialization for patrol officers and immediacy of the crisis
response, with an emphasis on officer and citizen safety and
proper referral for those in crisis.\7\ CIT has positively
influenced officer perceptions, decreased the need for higher
levels of police intervention, decreased officer injuries and
redirected those in crisis from the criminal justice system to
the health care system. Studies have shown that CIT is
associated with improved officer knowledge about mental illness
and, in one city, resulted in an 80% reduction of officer
injures during crisis calls.\8\
---------------------------------------------------------------------------
\7\National Alliance on Mental Illness, Crisis Intervention Team
Programs, https://www.nami.org/Advocacy/Crisis-Intervention/Crisis-
Intervention-Team-(CIT)-Programs.
\8\ Department of Justice, Office of Justice Programs, Police
Response to Mental Health Emergencies: Barriers to Change, 2000,
https://www.ojp.gov/ncjrs/virtual-library/abstracts/policeresponse-
mental-health-emergencies-barriers-change.
---------------------------------------------------------------------------
Additionally, CIT programs allow law enforcement to focus
on crime and other risks to public safety by reducing the
amount of time officers spend responding to crisis calls.\9\
CIT has also been shown to reduce costs by diverting
individuals away from incarceration and into community-based
treatment.\10\ Developing and implementing CIT training
programs to include recognizing the signs and symptoms of TBI
and PTSD will enable law enforcement to more effectively
respond to crisis calls, improve officer and public safety, and
reduce costs for state and local jurisdictions.
---------------------------------------------------------------------------
\9\Id.
\10\Jay Greene, Mental health cuts in Detroit have increased law
enforcement problems, flooded ERs and created general misery,
CrainsDetroit.com, May 6, 2011, https://www.crainsdetroit.com/article/
20110506/BLOG010/110509920/mental-health-cuts-in-detroit-have-
increased-lawenforcement.
---------------------------------------------------------------------------
The TBI and PTSD Law Enforcement Training Act would direct
the Department of Justice, through the Bureau of Justice
Assistance, to solicit best practices and develop crisis
intervention training tools for law enforcement and first
responders that include information on the conditions and
symptoms of traumatic brain injury and post-traumatic stress
disorder. The bill would require that the training be made
available as part of the Police Mental Health Collaboration
Toolkit, a no-cost online training tool for law enforcement
agencies. Additionally, the bill requires the CDC to study the
occurrence of TBI within law enforcement and first responders.
Hearings
The Committee on the Judiciary held no hearings on H.R.
2992.
Committee Consideration
On May 11, 2022, the Committee met in open session and
ordered the bill, H.R. 2992 favorably reported with an
amendment in the nature of a substitute, by a voice vote, a
quorum being present.
Committee Votes
No roll call votes occurred during the Committee's
consideration of H.R. 2992.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report.
Committee Estimate of Budgetary Effects
Pursuant to clause 3(d)(1) of House Rule XIII, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(2) of House Rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House Rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office, a budgetary analysis and a cost estimate of the bill.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, no provision
of H.R. 2992 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House Rule XIII, H.R. 2992 would increase public safety and
improve law enforcement practices by establishing crisis
intervention training tools for first responders to recognize
and assist individuals with traumatic brain injuries, acquired
brain injuries, and post-traumatic stress disorder.
Advisory on Earmarks
In accordance with clause 9 of House Rule XXI, H.R. 2992
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 ``Traumatic Brain Injury and Post-Traumatic
Stress Disorder Law Enforcement Training Act'' or the ``TBI and
PTSD Law Enforcement Training Act.''
Sec 2. Findings. Section 2 provides findings related to the
prevalence of TBI and PTSD and the need for law enforcement
training.
Sec. 3. Creation of a TBI and PTSD Training for First
Responders. Section 3 amends the Omnibus Crime Control and Safe
Streets Act of 1968 to include training on TBI and PTSD and
increases grant funding. It requires BJA to solicit best
practices and develop crisis intervention training tools for
use by first responders. It also requires that at least one Law
Enforcement Mental Health Learning Site utilize the training
tools and that the tools be made available as part of the
Police Mental Health Collaboration Toolkit.
Sec. 4. Surveillance and Reporting for First Responders
with TBI. Section 4 requires the CDC to collect and analyze
data on the prevalence and incidence of concussion among first
responders. The CDC is required to report its findings to
Congress within 18 months of enactment.
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 italics, 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 HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
(a) Definitions.--In this section, the following definitions
shall apply:
(1) Applicant.--The term ``applicant'' means States,
units of local government, Indian tribes, and tribal
organizations that apply for a grant under this
section.
(2) Collaboration program.--The term ``collaboration
program'' means a program to promote public safety by
ensuring access to adequate mental health and other
treatment services for mentally ill adults or juveniles
that is overseen cooperatively by--
(A) a criminal or juvenile justice agency or
a mental health court; and
(B) a mental health agency.
(3) Criminal or juvenile justice agency.--The term
``criminal or juvenile justice agency'' means an agency
of a State or local government or its contracted agency
that is responsible for detection, arrest, enforcement,
prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the
criminal laws of that State or local government.
(4) Diversion and alternative prosecution and
sentencing.--
(A) In general.--The terms ``diversion'' and
``alternative prosecution and sentencing'' mean
the appropriate use of effective mental health
treatment alternatives to juvenile justice or
criminal justice system institutional
placements for preliminarily qualified
offenders.
(B) Appropriate use.--In this paragraph, the
term ``appropriate use'' includes the
discretion of the judge or supervising
authority, the leveraging of graduated
sanctions to encourage compliance with
treatment, and law enforcement diversion,
including crisis intervention teams.
(C) Graduated sanctions.--In this paragraph,
the term ``graduated sanctions'' means an
accountability-based graduated series of
sanctions (including incentives, treatments,
and services) applicable to mentally ill
offenders within both the juvenile and adult
justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing
law-abiding behavior and preventing subsequent
involvement in the criminal justice system.
(5) Mental health agency.--The term ``mental health
agency'' means an agency of a State or local government
or its contracted agency that is responsible for mental
health services or co-occurring mental health and
substance abuse services.
(6) Mental health court.--The term ``mental health
court'' means a judicial program that meets the
requirements of part V of this title.
(7) Mental illness; mental health disorder.--The
terms ``mental illness'' and ``mental health disorder''
mean a diagnosable mental, behavioral, or emotional
disorder--
(A) of sufficient duration to meet diagnostic
criteria within the most recent edition of the
Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric
Association; and
(B)(i) that, in the case of an adult, has
resulted in functional impairment that
substantially interferes with or limits 1 or
more major life activities; or
(ii) that, in the case of a juvenile, has
resulted in functional impairment that
substantially interferes with or limits the
juvenile's role or functioning in family,
school, or community activities.
(8) Nonviolent offense.--The term ``nonviolent
offense'' means an offense that does not have as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another or is not a felony that by its nature involves
a substantial risk that physical force against the
person or property of another may be used in the course
of committing the offense.
(9) Preliminarily qualified offender.--
(A) In general.--The term ``preliminarily
qualified offender'' means an adult or juvenile
accused of an offense who--
(i)(I) previously or currently has
been diagnosed by a qualified mental
health professional as having a mental
illness or co-occurring mental illness
and substance abuse disorders;
(II) manifests obvious signs of
mental illness or co-occurring mental
illness and substance abuse disorders
during arrest or confinement or before
any court; or
(III) in the case of a veterans
treatment court provided under
subsection (i), has been diagnosed
with, or manifests obvious signs of,
mental illness or a substance abuse
disorder or co-occurring mental illness
and substance abuse disorder;
(ii) has been unanimously approved
for participation in a program funded
under this section by, when
appropriate--
(I) the relevant--
(aa) prosecuting
attorney;
(bb) defense
attorney;
(cc) probation or
corrections official;
and
(dd) judge; and
(II) a representative from
the relevant mental health
agency described in subsection
(b)(5)(B)(i);
(iii) has been determined, by each
person described in clause (ii) who is
involved in approving the adult or
juvenile for participation in a program
funded under this section, to not pose
a risk of violence to any person in the
program, or the public, if selected to
participate in the program; and
(iv) has not been charged with or
convicted of--
(I) any sex offense (as
defined in section 111 of the
Sex Offender Registration and
Notification Act (42 U.S.C.
16911)) or any offense relating
to the sexual exploitation of
children; or
(II) murder or assault with
intent to commit murder.
(B) Determination.--In determining whether to
designate a defendant as a preliminarily
qualified offender, the relevant prosecuting
attorney, defense attorney, probation or
corrections official, judge, and mental health
or substance abuse agency representative shall
take into account--
(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the
community;
(ii) the criminal history of the
defendant and the nature and severity
of the offense for which the defendant
is charged;
(iii) the views of any relevant
victims to the offense;
(iv) the extent to which the
defendant would benefit from
participation in the program;
(v) the extent to which the community
would realize cost savings because of
the defendant's participation in the
program; and
(vi) whether the defendant satisfies
the eligibility criteria for program
participation unanimously established
by the relevant prosecuting attorney,
defense attorney, probation or
corrections official, judge and mental
health or substance abuse agency
representative.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(11) Unit of local government.--The term ``unit of
local government'' means any city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State, including a
State court, local court, or a governmental agency
located within a city, county, township, town, borough,
parish, or village.
(b) Planning and Implementation Grants.--
(1) In general.--The Attorney General, in
consultation with the Secretary, may award nonrenewable
grants to eligible applicants to prepare a
comprehensive plan for and implement an adult or
juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote
public safety and public health.
(2) Purposes.--Grants awarded under this section
shall be used to create or expand--
(A) mental health courts or other court-based
programs for preliminarily qualified offenders;
(B) programs that offer specialized training
to the officers and employees of a criminal or
juvenile justice agency and mental health
personnel serving those with co-occurring
mental illness and substance abuse problems in
procedures for identifying the symptoms of
preliminarily qualified offenders in order to
respond appropriately to individuals with such
illnesses;
(C) programs that support cooperative efforts
by criminal and juvenile justice agencies and
mental health agencies to promote public safety
by offering mental health treatment services
and, where appropriate, substance abuse
treatment services for--
(i) preliminarily qualified offenders
with mental illness or co-occurring
mental illness and substance abuse
disorders; or
(ii) adult offenders with mental
illness during periods of
incarceration, while under the
supervision of a criminal justice
agency, or following release from
correctional facilities; and
(D) programs that support intergovernmental
cooperation between State and local governments
with respect to the mentally ill offender.
(3) Applications.--
(A) In general.--To receive a planning grant
or an implementation grant, the joint
applicants shall prepare and submit a single
application to the Attorney General at such
time, in such manner, and containing such
information as the Attorney General and the
Secretary shall reasonably require. An
application under part V of this title may be
made in conjunction with an application under
this section.
(B) Combined planning and implementation
grant application.--The Attorney General and
the Secretary shall develop a procedure under
which applicants may apply at the same time and
in a single application for a planning grant
and an implementation grant, with receipt of
the implementation grant conditioned on
successful completion of the activities funded
by the planning grant.
(4) Planning grants.--
(A) Application.--The joint applicants may
apply to the Attorney General for a
nonrenewable planning grant to develop a
collaboration program.
(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant
unless the application for the grant includes
or provides, at a minimum, for a budget and a
budget justification, a description of the
outcome measures that will be used to measure
the effectiveness of the program in promoting
public safety and public health, the activities
proposed (including the provision of substance
abuse treatment services, where appropriate)
and a schedule for completion of such
activities, and the personnel necessary to
complete such activities.
(C) Period of grant.--A planning grant shall
be effective for a period of 1 year, beginning
on the first day of the month in which the
planning grant is made. Applicants may not
receive more than 1 such planning grant.
(D) Collaboration set aside.--Up to 5 percent
of all planning funds shall be used to foster
collaboration between State and local
governments in furtherance of the purposes set
forth in the Mentally Ill Offender Treatment
and Crime Reduction Act of 2004.
(5) Implementation grants.--
(A) Application.--Joint applicants that have
prepared a planning grant application may apply
to the Attorney General for approval of a
nonrenewable implementation grant to develop a
collaboration program.
(B) Collaboration.--To receive an
implementation grant, the joint applicants
shall--
(i) document that at least 1 criminal
or juvenile justice agency (which can
include a mental health court) and 1
mental health agency will participate
in the administration of the
collaboration program;
(ii) describe the responsibilities of
each participating agency, including
how each agency will use grant
resources to provide supervision of
offenders and jointly ensure that the
provision of mental health treatment
services and substance abuse services
for individuals with co-occurring
mental health and substance abuse
disorders are coordinated, which may
range from consultation or
collaboration to integration in a
single setting or treatment model;
(iii) in the case of an application
from a unit of local government,
document that a State mental health
authority has provided comment and
review; and
(iv) involve, to the extent
practicable, in developing the grant
application--
(I) preliminarily qualified
offenders;
(II) the families and
advocates of such individuals
under subclause (I); and
(III) advocates for victims
of crime.
(C) Content.--To be eligible for an
implementation grant, joint applicants shall
comply with the following:
(i) Definition of target
population.--Applicants for an
implementation grant shall--
(I) describe the population
with mental illness or co-
occurring mental illness and
substance abuse disorders that
is targeted for the
collaboration program; and
(II) develop guidelines that
can be used by personnel of an
adult or juvenile justice
agency to identify
preliminarily qualified
offenders.
(ii) Services.--Applicants for an
implementation grant shall--
(I) ensure that preliminarily
qualified offenders who are to
receive treatment services
under the collaboration program
will first receive
individualized, validated,
needs-based assessments to
determine, plan, and coordinate
the most appropriate services
for such individuals;
(II) specify plans for making
mental health, or mental health
and substance abuse, treatment
services available and
accessible to preliminarily
qualified offenders at the time
of their release from the
criminal justice system,
including outside of normal
business hours;
(III) ensure that there are
substance abuse personnel
available to respond
appropriately to the treatment
needs of preliminarily
qualified offenders;
(IV) determine eligibility
for Federal benefits;
(V) ensure that preliminarily
qualified offenders served by
the collaboration program will
have adequate supervision and
access to effective and
appropriate community-based
mental health services,
including, in the case of
individuals with co-occurring
mental health and substance
abuse disorders, coordinated
services, which may range from
consultation or collaboration
to integration in a single
setting treatment model;
(VI) make available, to the
extent practicable, other
support services that will
ensure the preliminarily
qualified offender's successful
reintegration into the
community (such as housing,
education, job placement,
mentoring, and health care and
benefits, as well as the
services of faith-based and
community organizations for
mentally ill individuals served
by the collaboration program);
and
(VII) include strategies, to
the extent practicable, to
address developmental and
learning disabilities and
problems arising from a
documented history of physical
or sexual abuse.
(D) Housing and job placement.--Recipients of
an implementation grant may use grant funds to
assist mentally ill offenders compliant with
the program in seeking housing or employment
assistance.
(E) Policies and procedures.--Applicants for
an implementation grant shall strive to ensure
prompt access to defense counsel by criminal
defendants with mental illness who are facing
charges that would trigger a constitutional
right to counsel.
(F) Financial.--Applicants for an
implementation grant shall--
(i) explain the applicant's inability
to fund the collaboration program
adequately without Federal assistance;
(ii) specify how the Federal support
provided will be used to supplement,
and not supplant, State, local, Indian
tribe, or tribal organization sources
of funding that would otherwise be
available, including billing third-
party resources for services already
covered under programs (such as
Medicaid, Medicare, and the State
Children's Insurance Program); and
(iii) outline plans for obtaining
necessary support and continuing the
proposed collaboration program
following the conclusion of Federal
support.
(G) Outcomes.--Applicants for an
implementation grant shall--
(i) identify methodology and outcome
measures, as required by the Attorney
General and the Secretary, to be used
in evaluating the effectiveness of the
collaboration program;
(ii) ensure mechanisms are in place
to capture data, consistent with the
methodology and outcome measures under
clause (i); and
(iii) submit specific agreements from
affected agencies to provide the data
needed by the Attorney General and the
Secretary to accomplish the evaluation
under clause (i).
(H) State plans.--Applicants for an
implementation grant shall describe how the
adult or juvenile collaboration program relates
to existing State criminal or juvenile justice
and mental health plans and programs.
(I) Use of funds.--Applicants that receive an
implementation grant may use funds for 1 or
more of the following purposes:
(i) Mental health courts and
diversion/alternative prosecution and
sentencing programs.--Funds may be used
to create or expand existing mental
health courts that meet program
requirements established by the
Attorney General under part V of this
title, other court-based programs, or
diversion and alternative prosecution
and sentencing programs (including
crisis intervention teams and treatment
accountability services for
communities) that meet requirements
established by the Attorney General and
the Secretary.
(ii) Training.--Funds may be used to
create or expand programs, such as
crisis intervention training, which
offer specialized training to--
(I) criminal justice system
personnel to identify and
respond appropriately to the
unique needs of preliminarily
qualified offenders; or
(II) mental health system
personnel to respond
appropriately to the treatment
needs of preliminarily
qualified offenders.
(iii) Service delivery.--Funds may be
used to create or expand programs that
promote public safety by providing the
services described in subparagraph
(C)(ii) to preliminarily qualified
offenders.
(iv) In-jail and transitional
services.--Funds may be used to promote
and provide mental health treatment and
transitional services for those
incarcerated or for transitional re-
entry programs for those released from
any penal or correctional institution.
(v) Teams addressing frequent users
of crisis services.--Multidisciplinary
teams that--
(I) coordinate, implement,
and administer community-based
crisis responses and long-term
plans for frequent users of
crisis services;
(II) provide training on how
to respond appropriately to the
unique issues involving
frequent users of crisis
services for public service
personnel, including criminal
justice, mental health,
substance abuse, emergency
room, healthcare, law
enforcement, corrections, and
housing personnel;
(III) develop or support
alternatives to hospital and
jail admissions for frequent
users of crisis services that
provide treatment,
stabilization, and other
appropriate supports in the
least restrictive, yet
appropriate, environment; and
(IV) develop protocols and
systems among law enforcement,
mental health, substance abuse,
housing, corrections, and
emergency medical service
operations to provide
coordinated assistance to
frequent users of crisis
services.
(J) Geographic distribution of grants.--The
Attorney General, in consultation with the
Secretary, shall ensure that planning and
implementation grants are equitably distributed
among the geographical regions of the United
States and between urban and rural populations.
(c) Priority.--The Attorney General, in awarding funds under
this section, shall give priority to applications that--
(1) promote effective strategies by law enforcement
to identify and to reduce risk of harm to mentally ill
offenders and public safety;
(2) promote effective strategies for identification
and treatment of female mentally ill offenders;
(3) promote effective strategies to expand the use of
mental health courts, including the use of pretrial
services and related treatment programs for offenders;
(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
(5) when appropriate, use validated assessment tools
to target preliminarily qualified offenders with a
moderate or high risk of recidivism and a need for
treatment and services; or
(6)(A) demonstrate the strongest commitment to
ensuring that such funds are used to promote both
public health and public safety;
(B) demonstrate the active participation of each co-
applicant in the administration of the collaboration
program;
(C) document, in the case of an application for a
grant to be used in whole or in part to fund treatment
services for adults or juveniles during periods of
incarceration or detention, that treatment programs
will be available to provide transition and reentry
services for such individuals; and
(D) have the support of both the Attorney General and
the Secretary.
(d) Matching Requirements.--
(1) Federal share.--The Federal share of the cost of
a collaboration program carried out by a State, unit of
local government, Indian tribe, or tribal organization
under this section shall not exceed--
(A) 80 percent of the total cost of the
program during the first 2 years of the grant;
(B) 60 percent of the total cost of the
program in year 3; and
(C) 25 percent of the total cost of the
program in years 4 and 5.
(2) Non-federal share.--The non-Federal share of
payments made under this section may be made in cash or
in-kind fairly evaluated, including planned equipment
or services.
(e) Federal Use of Funds.--The Attorney General, in
consultation with the Secretary, in administering grants under
this section, shall use not less than 6 percent of funds
appropriated to--
(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases
involving individuals with mental illness;
(2) offer specialized training to personnel of
criminal and juvenile justice agencies in appropriate
diversion techniques;
(3) provide technical assistance to local
governments, mental health courts, and diversion
programs, including technical assistance relating to
program evaluation;
(4) help localities build public understanding and
support for community reintegration of individuals with
mental illness;
(5) develop a uniform program evaluation process; and
(6) conduct a national evaluation of the
collaboration program that will include an assessment
of its cost-effectiveness.
(f) Interagency Task Force.--
(1) In general.--The Attorney General and the
Secretary shall establish an interagency task force
with the Secretaries of Housing and Urban Development,
Labor, Education, and Veterans Affairs and the
Commissioner of Social Security, or their designees.
(2) Responsibilities.--The task force established
under paragraph (1) shall--
(A) identify policies within their
departments that hinder or facilitate local
collaborative initiatives for preliminarily
qualified offenders; and
(B) submit, not later than 2 years after the
date of enactment of this section, a report to
Congress containing recommendations for
improved interdepartmental collaboration
regarding the provision of services to
preliminarily qualified offenders.
(g) Collaboration Set-aside.--The Attorney General shall use
not less than 8 percent of funds appropriated to provide
technical assistance to State and local governments receiving
grants under this part to foster collaboration between such
governments in furtherance of the purposes set forth in section
3 of the Mentally Ill Offender Treatment and Crime Reduction
Act of 2004 (34 U.S.C. 10651 note).
(h) Law Enforcement Response to Mentally Ill Offenders
Improvement Grants.--
(1) Authorization.--The Attorney General is
authorized to make grants under this section to States,
units of local government, Indian tribes, and tribal
organizations for the following purposes:
(A) Training programs.--To provide for
programs that offer law enforcement personnel
specialized and comprehensive training in
procedures to identify and respond
appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved, including the training developed
under section 2993.
(B) Receiving centers.--To provide for the
development of specialized receiving centers to
assess individuals in the custody of law
enforcement personnel for suicide risk and
mental health and substance abuse treatment
needs.
(C) Improved technology.--To provide for
computerized information systems (or to improve
existing systems) to provide timely information
to law enforcement personnel and criminal
justice system personnel to improve the
response of such respective personnel to
mentally ill offenders.
(D) Cooperative programs.--To provide for the
establishment and expansion of cooperative
efforts by criminal and juvenile justice
agencies and mental health agencies to promote
public safety through the use of effective
intervention with respect to mentally ill
offenders.
(E) Campus security personnel training.--To
provide for programs that offer campus security
personnel training in procedures to identify
and respond appropriately to incidents in which
the unique needs of individuals with mental
illnesses are involved.
(F) Academy training.--To provide support for
academy curricula, law enforcement officer
orientation programs, continuing education
training, and other programs that teach law
enforcement personnel how to identify and
respond to incidents involving persons with
mental health disorders or co-occurring mental
health and substance abuse disorders.
(2) BJA training models.--For purposes of paragraph
(1)(A), the Director of the Bureau of Justice
Assistance shall develop training models for training
law enforcement personnel in procedures to identify and
respond appropriately to incidents in which the unique
needs of individuals with mental illnesses are
involved, including suicide prevention.
(3) Matching funds.--The Federal share of funds for a
program funded by a grant received under this
subsection may not exceed 50 percent of the costs of
the program. The non-Federal share of payments made for
such a program may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give
priority to programs that law enforcement personnel and
members of the mental health and substance abuse
professions develop and administer cooperatively.
(i) Assisting Veterans.--
(1) Definitions.--In this subsection:
(A) Peer-to-peer services or programs.--The
term ``peer-to-peer services or programs''
means services or programs that connect
qualified veterans with other veterans for the
purpose of providing support and mentorship to
assist qualified veterans in obtaining
treatment, recovery, stabilization, or
rehabilitation.
(B) Qualified veteran.--The term ``qualified
veteran'' means a preliminarily qualified
offender who--
(i) served on active duty in any
branch of the Armed Forces, including
the National Guard or Reserves; and
(ii) was discharged or released from
such service under conditions other
than dishonorable, unless the reason
for the dishonorable discharge was
attributable to a substance abuse
disorder.
(C) Veterans treatment court program.--The
term ``veterans treatment court program'' means
a court program involving collaboration among
criminal justice, veterans, and mental health
and substance abuse agencies that provides
qualified veterans with--
(i) intensive judicial supervision
and case management, which may include
random and frequent drug testing where
appropriate;
(ii) a full continuum of treatment
services, including mental health
services, substance abuse services,
medical services, and services to
address trauma;
(iii) alternatives to incarceration;
or
(iv) other appropriate services,
including housing, transportation,
mentoring, employment, job training,
education, or assistance in applying
for and obtaining available benefits.
(2) Veterans assistance program.--
(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans
Affairs, may award grants under this subsection
to applicants to establish or expand--
(i) veterans treatment court
programs;
(ii) peer-to-peer services or
programs for qualified veterans;
(iii) practices that identify and
provide treatment, rehabilitation,
legal, transitional, and other
appropriate services to qualified
veterans who have been incarcerated; or
(iv) training programs to teach
criminal justice, law enforcement,
corrections, mental health, and
substance abuse personnel how to
identify and appropriately respond to
incidents involving qualified veterans.
(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give
priority to applications that--
(i) demonstrate collaboration between
and joint investments by criminal
justice, mental health, substance
abuse, and veterans service agencies;
(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety;
and
(iii) propose interventions with
empirical support to improve outcomes
for qualified veterans.
(j) Forensic Assertive Community Treatment (FACT) Initiative
Program.--
(1) In general.--The Attorney General may make grants
to States, units of local government, territories,
Indian Tribes, nonprofit agencies, or any combination
thereof, to develop, implement, or expand Assertive
Community Treatment initiatives to develop forensic
assertive community treatment (referred to in this
subsection as ``FACT'') programs that provide high
intensity services in the community for individuals
with mental illness with involvement in the criminal
justice system to prevent future incarcerations.
(2) Allowable uses.--Grant funds awarded under this
subsection may be used for--
(A) multidisciplinary team initiatives for
individuals with mental illnesses with criminal
justice involvement that address criminal
justice involvement as part of treatment
protocols;
(B) FACT programs that involve mental health
professionals, criminal justice agencies,
chemical dependency specialists, nurses,
psychiatrists, vocational specialists, forensic
peer specialists, forensic specialists, and
dedicated administrative support staff who work
together to provide recovery oriented, 24/7
wraparound services;
(C) services such as integrated evidence-
based practices for the treatment of co-
occurring mental health and substance-related
disorders, assertive outreach and engagement,
community-based service provision at
participants' residence or in the community,
psychiatric rehabilitation, recovery oriented
services, services to address criminogenic risk
factors, and community tenure;
(D) payments for treatment providers that are
approved by the State or Indian Tribe and
licensed, if necessary, to provide needed
treatment to eligible offenders participating
in the program, including behavioral health
services and aftercare supervision; and
(E) training for all FACT teams to promote
high-fidelity practice principles and technical
assistance to support effective and continuing
integration with criminal justice agency
partners.
(3) Supplement and not supplant.--Grants made under
this subsection shall be used to supplement, and not
supplant, non-Federal funds that would otherwise be
available for programs described in this subsection.
(4) Applications.--To request a grant under this
subsection, a State, unit of local government,
territory, Indian Tribe, or nonprofit agency shall
submit an application to the Attorney General in such
form and containing such information as the Attorney
General may reasonably require.
(k) Sequential Intercept Grants.--
(1) Definition.--In this subsection, the term
``eligible entity'' means a State, unit of local
government, Indian tribe, or tribal organization.
(2) Authorization.--The Attorney General may make
grants under this subsection to an eligible entity for
sequential intercept mapping and implementation in
accordance with paragraph (3).
(3) Sequential intercept mapping; implementation.--An
eligible entity that receives a grant under this
subsection may use funds for--
(A) sequential intercept mapping, which--
(i) shall consist of--
(I) convening mental health
and criminal justice
stakeholders to--
(aa) develop a shared
understanding of the
flow of justice-
involved individuals
with mental illnesses
through the criminal
justice system; and
(bb) identify
opportunities for
improved collaborative
responses to the risks
and needs of
individuals described
in item (aa); and
(II) developing strategies to
address gaps in services and
bring innovative and effective
programs to scale along
multiple intercepts,
including--
(aa) emergency and
crisis services;
(bb) specialized
police-based responses;
(cc) court hearings
and disposition
alternatives;
(dd) reentry from
jails and prisons; and
(ee) community
supervision, treatment
and support services;
and
(ii) may serve as a starting point
for the development of strategic plans
to achieve positive public health and
safety outcomes; and
(B) implementation, which shall--
(i) be derived from the strategic
plans described in subparagraph
(A)(ii); and
(ii) consist of--
(I) hiring and training
personnel;
(II) identifying the eligible
entity's target population;
(III) providing services and
supports to reduce unnecessary
penetration into the criminal
justice system;
(IV) reducing recidivism;
(V) evaluating the impact of
the eligible entity's approach;
and
(VI) planning for the
sustainability of effective
interventions.
(l) Correctional Facilities.--
(1) Definitions.--
(A) Correctional facility.--The term
``correctional facility'' means a jail, prison,
or other detention facility used to house
people who have been arrested, detained, held,
or convicted by a criminal justice agency or a
court.
(B) Eligible inmate.--The term ``eligible
inmate'' means an individual who--
(i) is being held, detained, or
incarcerated in a correctional
facility; and
(ii) manifests obvious signs of a
mental illness or has been diagnosed by
a qualified mental health professional
as having a mental illness.
(2) Correctional facility grants.--The Attorney
General may award grants to applicants to enhance the
capabilities of a correctional facility--
(A) to identify and screen for eligible
inmates;
(B) to plan and provide--
(i) initial and periodic assessments
of the clinical, medical, and social
needs of inmates; and
(ii) appropriate treatment and
services that address the mental health
and substance abuse needs of inmates;
(C) to develop, implement, and enhance--
(i) post-release transition plans for
eligible inmates that, in a
comprehensive manner, coordinate
health, housing, medical, employment,
and other appropriate services and
public benefits;
(ii) the availability of mental
health care services and substance
abuse treatment services; and
(iii) alternatives to solitary
confinement and segregated housing and
mental health screening and treatment
for inmates placed in solitary
confinement or segregated housing; and
(D) to train each employee of the
correctional facility to identify and
appropriately respond to incidents involving
inmates with mental health or co-occurring
mental health and substance abuse disorders.
(m) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in
the final audit report of the Inspector General
of the Department of Justice that the audited
grantee has utilized grant funds for an
unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved
within 12 months from the date when the final
audit report is issued.
(B) Audits.--Beginning in the first fiscal
year beginning after the date of enactment of
this subsection, and in each fiscal year
thereafter, the Inspector General of the
Department of Justice shall conduct audits of
recipients of grants under this section to
prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine
the appropriate number of grantees to be
audited each year.
(C) Mandatory exclusion.--A recipient of
grant funds under this section that is found to
have an unresolved audit finding shall not be
eligible to receive grant funds under this
section during the first 2 fiscal years
beginning after the end of the 12-month period
described in subparagraph (A).
(D) Priority.--In awarding grants under this
section, the Attorney General shall give
priority to eligible applicants that did not
have an unresolved audit finding during the 3
fiscal years before submitting an application
for a grant under this section.
(E) Reimbursement.--If an entity is awarded
grant funds under this section during the 2-
fiscal-year period during which the entity is
barred from receiving grants under subparagraph
(C), the Attorney General shall--
(i) deposit an amount equal to the
amount of the grant funds that were
improperly awarded to the grantee into
the General Fund of the Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant
recipient that was erroneously awarded
grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this
paragraph and the grant programs under this
part, the term ``nonprofit organization'' means
an organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986
and is exempt from taxation under section
501(a) of such Code.
(B) Prohibition.--The Attorney General may
not award a grant under this part to a
nonprofit organization that holds money in
offshore accounts for the purpose of avoiding
paying the tax described in section 511(a) of
the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization
that is awarded a grant under this section and
uses the procedures prescribed in regulations
to create a rebuttable presumption of
reasonableness for the compensation of its
officers, directors, trustees, and key
employees, shall disclose to the Attorney
General, in the application for the grant, the
process for determining such compensation,
including the independent persons involved in
reviewing and approving such compensation, the
comparability data used, and contemporaneous
substantiation of the deliberation and
decision. Upon request, the Attorney General
shall make the information disclosed under this
subparagraph available for public inspection.
(3) Conference expenditures.--
(A) Limitation.--No amounts made available to
the Department of Justice under this section
may be used by the Attorney General, or by any
individual or entity awarded discretionary
funds through a cooperative agreement under
this section, to host or support any
expenditure for conferences that uses more than
$20,000 in funds made available by the
Department of Justice, unless the head of the
relevant agency or department, provides prior
written authorization that the funds may be
expended to host the conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written
estimate of all costs associated with the
conference, including the cost of all food,
beverages, audio-visual equipment, honoraria
for speakers, and entertainment.
(C) Report.--The Deputy Attorney General
shall submit an annual report to the Committee
on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives on all conference expenditures
approved under this paragraph.
(4) Annual certification.--Beginning in the first
fiscal year beginning after the date of enactment of
this subsection, the Attorney General shall submit, to
the Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the
House of Representatives, an annual certification--
(A) indicating whether--
(i) all audits issued by the Office
of the Inspector General under
paragraph (1) have been completed and
reviewed by the appropriate Assistant
Attorney General or Director;
(ii) all mandatory exclusions
required under paragraph (1)(C) have
been issued; and
(iii) all reimbursements required
under paragraph (1)(E) have been made;
and
(B) that includes a list of any grant
recipients excluded under paragraph (1) from
the previous year.
(n) Preventing Duplicative Grants.--
(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine if duplicate
grant awards are awarded for the same purpose.
(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report that
includes--
(A) a list of all duplicate grants awarded,
including the total dollar amount of any
duplicate grants awarded; and
(B) the reason the Attorney General awarded
the duplicate grants.
(o) Authorization of Appropriations.--[(1) In general.--There
are authorized to be appropriated to the Department of Justice
to carry out this section--
[(A) $50,000,000 for fiscal year 2005;
[(B) such sums as may be necessary for each of the
fiscal years 2006 and 2007; and
[(C) $50,000,000 for each of the fiscal years 2017
through 2021.]
(1) In general.--There is authorized to be
appropriated to the Department of Justice to carry out
this section $54,000,000 for each of fiscal years 2023
through 2027.
(2) Allocation of Funding for Administrative Purposes.--For
fiscal year 2009 and each subsequent fiscal year, of the
amounts authorized under paragraph (1) for such fiscal year,
the Attorney General may obligate not more than 3 percent for
the administrative expenses of the Attorney General in carrying
out this section for such fiscal year.
(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (i) (relating to
veterans).
* * * * * * *
SEC. 2993. CREATION OF A TBI AND PTSD TRAINING FOR FIRST RESPONDERS.
(a) In General.--Not later than one year after the date of
the enactment of this section, the Attorney General, acting
through the Director of the Bureau of Justice Assistance, in
consultation with the Director of the Centers for Disease
Control and Prevention and the Assistant Secretary for Mental
Health and Substance Use, shall solicit best practices
regarding techniques to interact with persons who have a
traumatic brain injury, an acquired brain injury, or post-
traumatic stress disorder from first responder, brain injury,
veteran, and mental health organizations, health care and
mental health providers, hospital emergency departments, and
other relevant stakeholders, and shall develop crisis
intervention training tools for use by first responders (as
such term is defined in section 3025) that provide--
(1) information on the conditions and symptoms of a
traumatic brain injury, an acquired brain injury, and
post-traumatic stress disorder;
(2) techniques to interact with persons who have a
traumatic brain injury, an acquired brain injury, or
post-traumatic stress disorder; and
(3) information on how to recognize persons who have
a traumatic brain injury, an acquired brain injury, or
post-traumatic stress disorder.
(b) Use of Training Tools at Law Enforcement Mental Health
Learning Sites.--The Attorney General shall ensure that not
less than one Law Enforcement Mental Health Learning Site
designated by the Director of the Bureau of Justice Assistance
uses the training tools developed under subsection (a).
(c) Police Mental Health Collaboration Toolkit.--The Attorney
General shall make the training tools developed under
subsection (a) available as part of the Police-Mental Health
Collaboration Toolkit provided by the Bureau of Justice
Assistance.
* * * * * * *
----------
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE
* * * * * * *
Part J--Prevention and Control of Injuries
* * * * * * *
national program for traumatic brain injury surveillance and registries
Sec. 393C. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may
make grants to States or their designees to develop or operate
the State's traumatic brain injury surveillance system or
registry to determine the incidence and prevalence of traumatic
brain injury and related disability, to ensure the uniformity
of reporting under such system or registry, to link individuals
with traumatic brain injury to services and supports, and to
link such individuals with academic institutions to conduct
applied research that will support the development of such
surveillance systems and registries as may be necessary. A
surveillance system or registry under this section shall
provide for the collection of data concerning--
(1) demographic information about each traumatic
brain injury;
(2) information about the circumstances surrounding
the injury event associated with each traumatic brain
injury;
(3) administrative information about the source of
the collected information, dates of hospitalization and
treatment, and the date of injury; and
(4) information characterizing the clinical aspects
of the traumatic brain injury, including the severity
of the injury, outcomes of the injury, the types of
treatments received, and the types of services
utilized.
(b) Not later than 18 months after the date of enactment of
the Traumatic Brain Injury Act of 2008, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention and the Director of the National Institutes of
Health and in consultation with the Secretary of Defense and
the Secretary of Veterans Affairs, shall submit to the relevant
committees of Congress a report that contains the findings
derived from an evaluation concerning activities and procedures
that can be implemented by the Centers for Disease Control and
Prevention to improve the collection and dissemination of
compatible epidemiological studies on the incidence and
prevalence of traumatic brain injury in individuals who were
formerly in the military. The report shall include
recommendations on the manner in which such agencies can
further collaborate on the development and improvement of
traumatic brain injury diagnostic tools and treatments.
(c) National Concussion Data Collection and Analysis.--The
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may implement concussion data
collection and analysis to determine the prevalence and
incidence of concussion.
(d) Law Enforcement and First Responder Surveillance.--
(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and
Prevention, shall implement concussion data collection
and analysis to determine the prevalence and incidence
of concussion among first responders (as such term is
defined in section 3025 of the Omnibus Crime Control
and Safe Street Act of 1968 (34 U.S.C. 10705)).
(2) Report.--Not later than 18 months after the date
of the enactment of this subsection, the Secretary,
acting through the Director of the Centers for Disease
Control and Prevention and the Director of the National
Institutes of Health and in consultation with the
Secretary of Defense and the Secretary of Veterans
Affairs, shall submit to the relevant committees of
Congress a report that contains the findings of the
surveillance conducted under paragraph (1). The report
shall include surveillance data and recommendations for
resources for first responders who have experienced
traumatic brain injury.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]