[House Report 118-237]
[From the U.S. Government Publishing Office]


 118th Congress    }                                     {    Report
                         HOUSE OF REPRESENTATIVES
  1st Session      }                                     {    118-237

======================================================================



 
     DHS SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT ACT

                                _______
                                

October 2, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Green of Tennessee, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2577]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 2577) to amend the Homeland Security Act of 2002 
to establish the Law Enforcement Mental Health and Wellness 
Program, 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..............................................     5
Background and Need for Legislation..............................     5
Hearings.........................................................     6
Committee Consideration..........................................     6
Committee Votes..................................................     6
Committee Oversight Findings.....................................     6
C.B.O. Estimate, New Budget Authority, Entitlement Authority, and 
  Tax Expenditures...............................................     6
Federal Mandates Statement.......................................     7
Duplicative Federal Programs.....................................     8
Statement of General Performance Goals and Objectives............     8
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     8
Advisory Committee Statement.....................................     8
Applicability to Legislative Branch..............................     8
Section-by-Section Analysis of the Legislation...................     8
Changes in Existing Law Made by the Bill, as Reported............     9

    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 ``DHS Suicide Prevention and Resiliency 
for Law Enforcement Act''.

SEC. 2. DHS SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT.

  (a) In General.--The Homeland Security Act of 2002 is amended by 
inserting after section 710 the following new section:

``SEC. 710A. SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT.

  ``(a) Department Components Defined.--In this section, the term 
`Department components' means the following:
          ``(1) U.S. Customs and Border Protection.
          ``(2) U.S. Immigration and Customs Enforcement.
          ``(3) The Office of the Inspector General of the Department 
        of Homeland Security.
          ``(4) The United States Secret Service.
          ``(5) The Transportation Security Administration.
          ``(6) Any other Department component with law enforcement 
        officers or agents.
  ``(b) Law Enforcement Mental Health and Wellness Program.--
          ``(1) Establishment.--
                  ``(A) In general.--The Secretary shall establish, 
                within the office overseen by the Chief Medical Officer 
                of the Department, the Law Enforcement Mental Health 
                and Wellness Program (in this section referred to as 
                the `Program').
                  ``(B) Purpose.--The purpose of the Program shall be 
                to provide a comprehensive approach to address the 
                mental health and wellness of Department law 
                enforcement officers and agents.
                  ``(C) Administration.--The Secretary, working through 
                the Program, shall--
                          ``(i) establish and maintain policies and 
                        standard operating procedures, consistent with 
                        best evidence-based practices, that detail the 
                        authority, roles, and responsibilities of the 
                        Program;
                          ``(ii) conduct data collection and research 
                        on mental health, suicides, and, to the extent 
                        possible, attempted suicides, of Department law 
                        enforcement officers and agents, in accordance 
                        with section 552a of title 5, United States 
                        Code (commonly known as the Privacy Act of 
                        1974), section 501 of the Rehabilitation Act of 
                        1973 (29 U.S.C. 791), the Department's 
                        directives and policies, and section 2(a) of 
                        the Law Enforcement Suicide Data Collection Act 
                        (Public Law 116-143);
                          ``(iii) track current trends and leading 
                        practices from other governmental and 
                        nongovernmental organizations for law 
                        enforcement mental health and wellness;
                          ``(iv) evaluate current mental health and 
                        resiliency programs within the Department 
                        components;
                          ``(v) promote education and training related 
                        to mental health, resilience, suicide 
                        prevention, stigma, and mental health resources 
                        to raise mental health awareness, and provide 
                        support to others, inclusive of the needs of 
                        supervisors, clinicians, care-givers, peer 
                        support members, chaplains, and those who have 
                        been exposed to trauma;
                          ``(vi) establish a Peer-to-Peer Support 
                        Program Advisory Council, which shall--
                                  ``(I) include at least one licensed 
                                clinician and at least one official 
                                with requisite and relevant training 
                                and experience in peer support from 
                                each Department component;
                                  ``(II) evaluate component peer 
                                support programs;
                                  ``(III) identify and address any 
                                potential deficiencies, limitations, 
                                and gaps;
                                  ``(IV) provide for sharing of leading 
                                practices or best practices, including 
                                internationally recognized peer support 
                                standards of care protocols;
                                  ``(V) create a peer support network 
                                that enables the sharing of trained 
                                peer support personnel, chaplains, and 
                                other peer-to-peer personnel across 
                                Department components; and
                                  ``(VI) sustain peer support programs 
                                through ongoing funding of annual and 
                                refresher training and resources for 
                                peer support programing in the 
                                workplace to--
                                          ``(aa) ensure minimum 
                                        standards for peer support 
                                        services; and
                                          ``(bb) provide appropriate 
                                        care for peer support personnel 
                                        across Department components;
                          ``(vii) assist Department components in 
                        developing a program to provide suicide 
                        prevention and resiliency support and training 
                        for--
                                  ``(I) families of Department law 
                                enforcement officers and agents; and
                                  ``(II) surviving families of officers 
                                and agents who have been lost to 
                                suicide;
                          ``(viii) work with law enforcement mental 
                        health and wellness program officials of 
                        Department components (including peer support-
                        trained personnel, agency mental health 
                        professionals, chaplains, and, for components 
                        with employees having an exclusive 
                        representative, the exclusive representative 
                        with respect to such program) to implement new 
                        policies, procedures, and programs that may be 
                        necessary based on findings from data 
                        collection, research, and evaluation efforts; 
                        and
                          ``(ix) conduct regular outreach and 
                        messaging, across Department components, of 
                        available training opportunities and resources.
                  ``(D) Confidentiality; limitation.--
                          ``(i) Confidentiality.--Activities described 
                        in subparagraph (C) may not include the 
                        publication of any personally identifiable 
                        information.
                          ``(ii) Limitation.--Personally identifiable 
                        information collected pursuant to subparagraph 
                        (C) may not be maintained or used for any 
                        purpose other than implementation of this 
                        section, unless otherwise permitted under 
                        applicable law. Any such personally 
                        identifiable information that is so collected, 
                        maintained, or used pursuant to this section is 
                        subject to applicable public nondisclosure 
                        requirements, including sections 552 and 552a 
                        of title 5, United States Code.
                  ``(E) Personnel.--
                          ``(i) Management.--The Workplace Health and 
                        Wellness Coordinator of the Department, under 
                        the direction of the Chief Medical Officer of 
                        the Department, shall be responsible for the 
                        ongoing management of the Program.
                          ``(ii) Minimum core personnel requirements.--
                        Subject to appropriations, the Secretary shall 
                        ensure the Program is staffed with the number 
                        of employees the Chief Medical Officer of the 
                        Department determines necessary to carry out 
                        the duties described in subparagraph (C), 
                        including representatives from each Department 
                        component and the Office of the Chief Privacy 
                        Officer.
          ``(2) Directive.--Not later than 180 days after the date of 
        the enactment of this section, the Chief Medical Officer of the 
        Department shall--
                  ``(A) issue a directive or policy that outlines the 
                roles and responsibilities of the Program; and
                  ``(B) distribute such directive or policy among all 
                Department personnel.
  ``(c) Coordination.--The Chief Medical Officer of the Department 
shall require the Program to regularly coordinate with the Department 
components by assigning at least one official from each such component 
to the Program for the purpose of coordinating with field points of 
contact who are responsible for carrying out duties within Department 
mental health and wellness programs.
  ``(d) Department Components.--The Secretary shall require the head of 
each Department component to prioritize and improve mental health and 
wellness programs that--
          ``(1) provide adequate resources for law enforcement mental 
        health, well-being, resilience, and suicide prevention programs 
        and research;
          ``(2) promote a culture that reduces the stigma of seeking 
        mental health assistance through regular messaging, training, 
        and raising mental health awareness;
          ``(3) offer several avenues of seeking mental health or 
        counseling assistance, both within the component and through 
        private sources that provide for anonymity and include access 
        to external mental health clinicians, service animals, and any 
        other appropriate, data-driven resources that improve mental 
        health;
          ``(4) review and revise relevant policies of Department 
        components that inadvertently deter personnel from seeking 
        mental health or counseling assistance;
          ``(5) ensure that such programs include safeguards against 
        adverse or disciplinary action, including retaliation or 
        automatic referrals for a fitness for duty examination, by such 
        component with respect to any employee solely because such 
        employee self-identifies a need for psychological health 
        counseling or assistance or receives such counseling or 
        assistance;
          ``(6) implement policies that require in-person or live and 
        interactive virtual suicide awareness and law enforcement 
        resiliency trainings to be provided to law enforcement officers 
        and agents;
          ``(7) makes such trainings available, as appropriate, to 
        other component personnel--
                  ``(A) upon the commencement of such officers', 
                agents', and other component's personnel's employment;
                  ``(B) on an annual basis during such employment;
                  ``(C) during such officers', agents', or other 
                component's personnel's transition into supervisory 
                roles; and
                  ``(D) if feasible, shortly before such officer, 
                agent, or other component's personnel terminates his or 
                her employment with the Department, if such officer, 
                agent, or other component's personnel elects to 
                participate; and
          ``(8) include prevention and awareness training opportunities 
        and support services for families of agents, officers, and 
        other component personnel.
  ``(e) Data Collection and Evaluation.--
          ``(1) Assessment of effectiveness of law enforcement health 
        and wellness programs.--The Workplace Health and Wellness 
        Coordinator, under the direction of the Chief Medical Officer 
        of the Department--
                  ``(A) shall--
                          ``(i) develop criteria to assess the 
                        effectiveness of law enforcement health and 
                        wellness programs carried out by the 
                        Department;
                          ``(ii) conduct annual confidential surveys of 
                        law enforcement officers and agents within 
                        Department components to assist in evaluating 
                        the effectiveness of law enforcement health and 
                        wellness programs in accordance with the 
                        criteria developed pursuant to clause (i); and
                          ``(iii) ensure that the surveys conducted 
                        pursuant to clause (ii)--
                                  ``(I) incorporate leading practices 
                                in questionnaire and survey design and 
                                development; and
                                  ``(II) establish a baseline and 
                                subsequently measure change over time; 
                                and
                  ``(B) may utilize contractor support in carrying out 
                the duties described in subparagraph (A).
          ``(2) Recommendations.--The Chief Medical Officer of the 
        Department shall provide recommendations to Department 
        components based on the evaluation of programs and the results 
        of the surveys conducted pursuant to paragraph (1).
          ``(3) Incident reports.--Each Department component shall 
        report to the Workplace Health and Wellness Coordinator 
        incidents of suicide involving law enforcement officers and 
        agents, together with any data relating thereto consistent with 
        data collected under section 2(a) of the Law Enforcement 
        Suicide Data Collection Act (Public Law 116-143). The 
        Coordinator shall forward such information to the Law 
        Enforcement Officers Suicide Data Collection Program 
        established pursuant to such section.
          ``(4) Confidentiality; limitation.--
                  ``(A) Confidentiality.--Activities described in 
                paragraph (1) or reporting described under paragraph 
                (3) may not include the publication of any personally 
                identifiable information.
                  ``(B) Limitation.--Personally identifiable 
                information collected pursuant to paragraph (1) may not 
                be maintained or used for any purpose other than 
                implementation of this section, unless otherwise 
                permitted under applicable law. Any such personally 
                identifiable information that is so collected, 
                maintained, or used pursuant to this section is subject 
                to applicable public nondisclosure requirements, 
                including sections 552 and 552a of title 5, United 
                States Code.
  ``(f) Briefing.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter through fiscal year 
2027, the Chief Medical Officer of the Department shall provide to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
briefing regarding the implementation of this section.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 710 the following new item:

``Sec. 710A. Suicide prevention and resiliency for law enforcement.''.

                          Purpose and Summary

    The purpose of H.R. 2577, the ``DHS Suicide Prevention and 
Resiliency for Law Enforcement Act,'' is to amend the Homeland 
Security Act of 2002 (Pub. L. 107-296) to establish a mental 
health and wellness program for the Department of Homeland 
Security (DHS) law enforcement workforce. The program will 
provide mental health and wellness services to all DHS 
components with law enforcement officers or agents.
    H.R. 2577 requires DHS to collect data and conduct research 
on mental health, suicides, and attempted suicides of DHS law 
enforcement personnel while ensuring privacy and 
confidentiality. Additionally, DHS must promote education and 
training related to law enforcement mental health, well-being, 
resilience, and suicide prevention; establish a Peer-to-Peer 
Support Program Advisory Council to examine DHS component peer 
support programs; ensure DHS components develop a program to 
provide suicide prevention and resiliency support and training 
for families of DHS law enforcement personnel and surviving 
families of DHS law enforcement personnel who have been lost to 
suicide; and take certain steps to develop a culture within DHS 
components that reduces the stigma of seeking mental health 
assistance through regular messaging and mental health 
training.

                  Background and Need for Legislation

    In 2007, U.S. Customs and Border Protection (CBP) began 
tracking the number of suicides within its law enforcement 
workforce. From 2007 to 2022, CBP lost 149 people to suicide--
one of the highest rates among law enforcement agencies.\1\ In 
2022 alone, CBP reported 15 suicides among its law enforcement 
workforce, which is nearly double the number of suicides 
reported in 2020.\2\
---------------------------------------------------------------------------
    \1\Press Release, Congressmen Gonzales, Cuellar Introduce 
Bipartisan Bill to Prevent CBP Suicides, (Dec. 15, 2022), https://
gonzales.house.gov/2022/12/congressmen-gonzales-cuellar-introduce-
bipartisan-bill-prevent-cbp-suicides-0?src=link.
    \2\Joe Davidson, Lawmakers, union and DHS fight suicide jump in 
customs agency, The Washington Post, (Mar. 3, 2023), https://
www.washingtonpost.com/politics/2023/03/03/cbp-suicides-bennie-
thompson-funding/.
---------------------------------------------------------------------------
    In February 2020, the Government Accountability Office 
(GAO) published a review that focused on workforce issues 
specifically within the DHS Federal Air Marshal Service 
(FAMS).\3\ The issues FAMS faced were centered on health 
issues, quality of life concerns, and stressful work schedules, 
which GAO found to be contributing factors to low morale and 
poor health among the FAMS workforce.\4\ Additionally, in 
January 2021, GAO published a review of employee morale at DHS, 
which found that employee morale was below average when 
compared to the rest of the Federal Government.\5\ GAO found 
that while DHS had taken some steps to improve employee morale, 
more could be done to support the DHS workforce, including for 
law enforcement officers and agents.\6\ With a record number of 
DHS law enforcement personnel lost to suicide in recent years 
and employee morale troublingly low, DHS officers and agents 
need access to a mental health and wellness program in 
conjunction with their workplace health insurance program.
---------------------------------------------------------------------------
    \3\U.S. Gov't Accountability Office, GAO-20-125, Aviation Security: 
Federal Air Marshal Service Has Taken Steps to Address Workforce 
Issues, but Additional Actions Needed, (Feb. 12, 2020).
    \4\Id.
    \5\U.S. Gov't Accountability Office, GAO-21-204, DHS Employee 
Morale: Some Improvements Made, but Additional Actions Needed to 
Strengthen Employee Engagement, (Jan. 12, 2021).
    \6\Id.
---------------------------------------------------------------------------

                                Hearings

    No hearings were specifically held on H.R. 2577. However, 
the Committee held the following hearing in the 118th Congress 
that informed the Committee on the challenges, stress, and 
potential trauma associated with the work of law enforcement 
personnel.
    On Tuesday, May 16, 2023, the Subcommittee on 
Counterterrorism, Law Enforcement, and Intelligence and the 
Subcommittee on Emergency Management and Technology held a 
hearing entitled, ``Protecting the Homeland: An Examination of 
Federal Efforts to Support State and Local Law Enforcement.'' 
The Subcommittee received testimony from Michael Gerke, Chief 
of Police, Odessa, Texas; Don Barnes, Sheriff, Orange County, 
California; Michael Cox, Commissioner, Boston, Massachusetts; 
and Rafael Mangual, Fellow, Manhattan Institute.

                        Committee Consideration

    The Committee met on Wednesday, July 12, 2023, a quorum 
being present, to consider H.R. 2577 and ordered the measure to 
be favorably reported to the House, as amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
recorded votes on the motion to report legislation and 
amendments thereto.
    No recorded votes were requested during consideration of 
H.R. 2577.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X, are incorporated in the descriptive portions of this 
report.

Congressional Budget Office Estimate, New Budget Authority, Entitlement 
                    Authority, and Tax Expenditures

    With respect to the requirements of clause 3(c) of rule 
XIII and section 308(a) of the Congressional Budget Act of 
1974, and with respect to the requirements of clause 3(c)(3) of 
rule XIII and section 402 of the Congressional Budget Act of 
1974, the Committee adopts as its own the estimate of any new 
budget authority, spending authority, credit authority, or an 
increase or decrease in revenues or tax expenditures contained 
in the cost estimate prepared by the Director of the 
Congressional Budget Office.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 2577 would require the Department of Homeland Security 
(DHS) to create a mental health and wellness program for its 
law enforcement personnel. The program would help the agency to 
coordinate and oversee efforts to address mental health issues 
across DHS's component units, including providing outreach and 
training, conducting research, and sharing best practices 
across existing peer support programs. The bill also would 
require DHS to brief the Congress annually on the program's 
activities.
    Based on information from DHS, CBO expects that the 
department carries out most of the activities required by the 
bill. CBO expects that DHS would need the equivalent of one or 
two employees each year to fully implement the bill's 
requirements. On that basis, CBO estimates that implementing 
H.R. 2577 would cost less than $500,000 each year and $2 
million over the 2024-2028 period. Any spending would be 
subject to the availability of appropriated funds.
    On June 27, 2023, CBO transmitted a cost estimate for S. 
1137, the DHS Suicide Prevention and Resiliency for Law 
Enforcement Act, as ordered reported by the Senate Committee on 
Homeland Security and Governmental Affairs on May 17, 2023. The 
two bills are similar, and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act of 1995.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 2577 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the objective of 
H.R. 2577 is to establish a Mental Health and Wellness Program 
within the Department of Homeland Security to provide mental 
health and wellness services, guidance, and resources to DHS 
law enforcement officers and agents.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI, this bill, as reported, 
contains no congressional earmarks, limited tax benefits, or 
limited tariff benefits as defined in clause 9(d), 9(e), or 
9(f) of rule XXI.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act (5 U.S.C. Sec. 1004) were 
created by this legislation.

                Applicability to the Legislative Branch

    The Committee finds that H.R. 2577 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    This section states that the Act may be cited as the ``DHS 
Suicide Prevention and Resiliency for Law Enforcement Act''.

Section 2. DHS suicide prevention and resiliency for law enforcement

    Subsection (a) defines DHS components as U.S. Customs and 
Border Protection, U.S. Immigration and Customs Enforcement, 
the DHS Office of the Inspector General, the U.S. Secret 
Service, the Transportation Security Administration, and any 
other component with law enforcement officers or agents.
    Subsection (b) establishes a Law Enforcement Mental Health 
and Wellness Program within the DHS Office of the Chief Medical 
Officer. This subsection further requires the DHS Secretary, 
working through the program, to establish and maintain mental 
health and wellness policies and procedures; conduct data 
collection and research on mental health, suicides, and 
attempted suicides of DHS law enforcement officers and agents; 
track trends and best practices from other government and non-
governmental organizations; promote education and training 
related to mental health, resilience, suicide prevention, and 
stigma; establish a Peer-to-Peer Support Program Advisory 
Council to evaluate DHS component peer support programs; and 
for other purposes.
    Subsection (c) requires the DHS Chief Medical Officer to 
coordinate with other DHS components by assigning one 
individual per component responsibilities for carrying out 
duties related to the Mental Health and Wellness Program.
    Subsection (d) requires the head of each DHS component to 
prioritize and improve mental health programs to ensure law 
enforcement personnel have access to mental health, well-being, 
and suicide prevention services. Additionally, the head of each 
DHS component must take certain steps to promote a culture that 
reduces the stigma of seeking mental health resources; promote 
mental health counseling assistance; and ensure DHS component 
policies are not inadvertently deterring law enforcement 
officers and agents from seeking mental health resources or 
counseling.
    Subsection (e) requires an evaluation to determine the 
effectiveness of the Law Enforcement Health and Wellness 
Program to be conducted by a workplace health and wellness 
coordinator, under the direction of the DHS Chief Medical 
Officer. This subsection further requires the coordinator to 
develop criteria to assess the effectiveness of the program and 
conduct annual confidential surveys of law enforcement officers 
and agents within DHS components to assist in the evaluation. 
The Chief Medical Officer is required to submit recommendations 
to DHS components based on the evaluation of programs and the 
results of the surveys. Lastly, this subsection requires each 
DHS component to report to the workplace health and wellness 
coordinator incidents of suicide involving law enforcement 
officers and agents and ensure confidentiality of any 
personally identifiable information collected.
    Subsection (f) requires the DHS Chief Medical Officer to 
provide a briefing no later than 180 days after the date of 
enactment of this Act, and annually thereafter through fiscal 
year 2027, to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate regarding the implementation 
of this Act.

         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 (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Homeland 
Security Act of 2002''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

                          TITLE VII--MANAGEMENT

     * * * * * * *
Sec. 710A. Suicide prevention and resiliency for law enforcement.

           *       *       *       *       *       *       *


TITLE VII--MANAGEMENT

           *       *       *       *       *       *       *


SEC. 710A. SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT.

  (a) Department Components Defined.--In this section, the term 
``Department components'' means the following:
          (1) U.S. Customs and Border Protection.
          (2) U.S. Immigration and Customs Enforcement.
          (3) The Office of the Inspector General of the 
        Department of Homeland Security.
          (4) The United States Secret Service.
          (5) The Transportation Security Administration.
          (6) Any other Department component with law 
        enforcement officers or agents.
  (b) Law Enforcement Mental Health and Wellness Program.--
          (1) Establishment.--
                  (A) In general.--The Secretary shall 
                establish, within the office overseen by the 
                Chief Medical Officer of the Department, the 
                Law Enforcement Mental Health and Wellness 
                Program (in this section referred to as the 
                ``Program'').
                  (B) Purpose.--The purpose of the Program 
                shall be to provide a comprehensive approach to 
                address the mental health and wellness of 
                Department law enforcement officers and agents.
                  (C) Administration.--The Secretary, working 
                through the Program, shall--
                          (i) establish and maintain policies 
                        and standard operating procedures, 
                        consistent with best evidence-based 
                        practices, that detail the authority, 
                        roles, and responsibilities of the 
                        Program;
                          (ii) conduct data collection and 
                        research on mental health, suicides, 
                        and, to the extent possible, attempted 
                        suicides, of Department law enforcement 
                        officers and agents, in accordance with 
                        section 552a of title 5, United States 
                        Code (commonly known as the Privacy Act 
                        of 1974), section 501 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 
                        791), the Department's directives and 
                        policies, and section 2(a) of the Law 
                        Enforcement Suicide Data Collection Act 
                        (Public Law 116-143);
                          (iii) track current trends and 
                        leading practices from other 
                        governmental and nongovernmental 
                        organizations for law enforcement 
                        mental health and wellness;
                          (iv) evaluate current mental health 
                        and resiliency programs within the 
                        Department components;
                          (v) promote education and training 
                        related to mental health, resilience, 
                        suicide prevention, stigma, and mental 
                        health resources to raise mental health 
                        awareness, and provide support to 
                        others, inclusive of the needs of 
                        supervisors, clinicians, care-givers, 
                        peer support members, chaplains, and 
                        those who have been exposed to trauma;
                          (vi) establish a Peer-to-Peer Support 
                        Program Advisory Council, which shall--
                                  (I) include at least one 
                                licensed clinician and at least 
                                one official with requisite and 
                                relevant training and 
                                experience in peer support from 
                                each Department component;
                                  (II) evaluate component peer 
                                support programs;
                                  (III) identify and address 
                                any potential deficiencies, 
                                limitations, and gaps;
                                  (IV) provide for sharing of 
                                leading practices or best 
                                practices, including 
                                internationally recognized peer 
                                support standards of care 
                                protocols;
                                  (V) create a peer support 
                                network that enables the 
                                sharing of trained peer support 
                                personnel, chaplains, and other 
                                peer-to-peer personnel across 
                                Department components; and
                                  (VI) sustain peer support 
                                programs through ongoing 
                                funding of annual and refresher 
                                training and resources for peer 
                                support programing in the 
                                workplace to--
                                          (aa) ensure minimum 
                                        standards for peer 
                                        support services; and
                                          (bb) provide 
                                        appropriate care for 
                                        peer support personnel 
                                        across Department 
                                        components;
                          (vii) assist Department components in 
                        developing a program to provide suicide 
                        prevention and resiliency support and 
                        training for--
                                  (I) families of Department 
                                law enforcement officers and 
                                agents; and
                                  (II) surviving families of 
                                officers and agents who have 
                                been lost to suicide;
                          (viii) work with law enforcement 
                        mental health and wellness program 
                        officials of Department components 
                        (including peer support-trained 
                        personnel, agency mental health 
                        professionals, chaplains, and, for 
                        components with employees having an 
                        exclusive representative, the exclusive 
                        representative with respect to such 
                        program) to implement new policies, 
                        procedures, and programs that may be 
                        necessary based on findings from data 
                        collection, research, and evaluation 
                        efforts; and
                          (ix) conduct regular outreach and 
                        messaging, across Department 
                        components, of available training 
                        opportunities and resources.
                  (D) Confidentiality; limitation.--
                          (i) Confidentiality.--Activities 
                        described in subparagraph (C) may not 
                        include the publication of any 
                        personally identifiable information.
                          (ii) Limitation.--Personally 
                        identifiable information collected 
                        pursuant to subparagraph (C) may not be 
                        maintained or used for any purpose 
                        other than implementation of this 
                        section, unless otherwise permitted 
                        under applicable law. Any such 
                        personally identifiable information 
                        that is so collected, maintained, or 
                        used pursuant to this section is 
                        subject to applicable public 
                        nondisclosure requirements, including 
                        sections 552 and 552a of title 5, 
                        United States Code.
                  (E) Personnel.--
                          (i) Management.--The Workplace Health 
                        and Wellness Coordinator of the 
                        Department, under the direction of the 
                        Chief Medical Officer of the 
                        Department, shall be responsible for 
                        the ongoing management of the Program.
                          (ii) Minimum core personnel 
                        requirements.--Subject to 
                        appropriations, the Secretary shall 
                        ensure the Program is staffed with the 
                        number of employees the Chief Medical 
                        Officer of the Department determines 
                        necessary to carry out the duties 
                        described in subparagraph (C), 
                        including representatives from each 
                        Department component and the Office of 
                        the Chief Privacy Officer.
          (2) Directive.--Not later than 180 days after the 
        date of the enactment of this section, the Chief 
        Medical Officer of the Department shall--
                  (A) issue a directive or policy that outlines 
                the roles and responsibilities of the Program; 
                and
                  (B) distribute such directive or policy among 
                all Department personnel.
  (c) Coordination.--The Chief Medical Officer of the 
Department shall require the Program to regularly coordinate 
with the Department components by assigning at least one 
official from each such component to the Program for the 
purpose of coordinating with field points of contact who are 
responsible for carrying out duties within Department mental 
health and wellness programs.
  (d) Department Components.--The Secretary shall require the 
head of each Department component to prioritize and improve 
mental health and wellness programs that--
          (1) provide adequate resources for law enforcement 
        mental health, well-being, resilience, and suicide 
        prevention programs and research;
          (2) promote a culture that reduces the stigma of 
        seeking mental health assistance through regular 
        messaging, training, and raising mental health 
        awareness;
          (3) offer several avenues of seeking mental health or 
        counseling assistance, both within the component and 
        through private sources that provide for anonymity and 
        include access to external mental health clinicians, 
        service animals, and any other appropriate, data-driven 
        resources that improve mental health;
          (4) review and revise relevant policies of Department 
        components that inadvertently deter personnel from 
        seeking mental health or counseling assistance;
          (5) ensure that such programs include safeguards 
        against adverse or disciplinary action, including 
        retaliation or automatic referrals for a fitness for 
        duty examination, by such component with respect to any 
        employee solely because such employee self-identifies a 
        need for psychological health counseling or assistance 
        or receives such counseling or assistance;
          (6) implement policies that require in-person or live 
        and interactive virtual suicide awareness and law 
        enforcement resiliency trainings to be provided to law 
        enforcement officers and agents;
          (7) makes such trainings available, as appropriate, 
        to other component personnel--
                  (A) upon the commencement of such officers', 
                agents', and other component's personnel's 
                employment;
                  (B) on an annual basis during such 
                employment;
                  (C) during such officers', agents', or other 
                component's personnel's transition into 
                supervisory roles; and
                  (D) if feasible, shortly before such officer, 
                agent, or other component's personnel 
                terminates his or her employment with the 
                Department, if such officer, agent, or other 
                component's personnel elects to participate; 
                and
          (8) include prevention and awareness training 
        opportunities and support services for families of 
        agents, officers, and other component personnel.
  (e) Data Collection and Evaluation.--
          (1) Assessment of effectiveness of law enforcement 
        health and wellness programs.--The Workplace Health and 
        Wellness Coordinator, under the direction of the Chief 
        Medical Officer of the Department--
                  (A) shall--
                          (i) develop criteria to assess the 
                        effectiveness of law enforcement health 
                        and wellness programs carried out by 
                        the Department;
                          (ii) conduct annual confidential 
                        surveys of law enforcement officers and 
                        agents within Department components to 
                        assist in evaluating the effectiveness 
                        of law enforcement health and wellness 
                        programs in accordance with the 
                        criteria developed pursuant to clause 
                        (i); and
                          (iii) ensure that the surveys 
                        conducted pursuant to clause (ii)--
                                  (I) incorporate leading 
                                practices in questionnaire and 
                                survey design and development; 
                                and
                                  (II) establish a baseline and 
                                subsequently measure change 
                                over time; and
                  (B) may utilize contractor support in 
                carrying out the duties described in 
                subparagraph (A).
          (2) Recommendations.--The Chief Medical Officer of 
        the Department shall provide recommendations to 
        Department components based on the evaluation of 
        programs and the results of the surveys conducted 
        pursuant to paragraph (1).
          (3) Incident reports.--Each Department component 
        shall report to the Workplace Health and Wellness 
        Coordinator incidents of suicide involving law 
        enforcement officers and agents, together with any data 
        relating thereto consistent with data collected under 
        section 2(a) of the Law Enforcement Suicide Data 
        Collection Act (Public Law 116-143). The Coordinator 
        shall forward such information to the Law Enforcement 
        Officers Suicide Data Collection Program established 
        pursuant to such section.
          (4) Confidentiality; limitation.--
                  (A) Confidentiality.--Activities described in 
                paragraph (1) or reporting described under 
                paragraph (3) may not include the publication 
                of any personally identifiable information.
                  (B) Limitation.--Personally identifiable 
                information collected pursuant to paragraph (1) 
                may not be maintained or used for any purpose 
                other than implementation of this section, 
                unless otherwise permitted under applicable 
                law. Any such personally identifiable 
                information that is so collected, maintained, 
                or used pursuant to this section is subject to 
                applicable public nondisclosure requirements, 
                including sections 552 and 552a of title 5, 
                United States Code.
  (f) Briefing.--Not later than 180 days after the date of the 
enactment of this section and annually thereafter through 
fiscal year 2027, the Chief Medical Officer of the Department 
shall provide to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a briefing regarding the 
implementation of this section.

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