[Senate Report 118-102]
[From the U.S. Government Publishing Office]
Calendar No. 218
118th Congress } { Report
SENATE
1st Session } { 118-102
_______________________________________________________________________
DHS SUICIDE PREVENTION AND
RESILIENCY FOR LAW ENFORCEMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 1137
TO ESTABLISH THE LAW ENFORCEMENT MENTAL
HEALTH AND WELLNESS PROGRAM, AND FOR
OTHER PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
October 3, 2023.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
49-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Christopher J. Mulkins, Director of Homeland Security
Katie A. Conley, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Kendal B. Tigner, Minority Professional Staff Member
Laura W. Kilbride, Chief Clerk
Calendar No. 218
118th Congress } { Report
SENATE
1st Session } { 118-102
======================================================================
DHS SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT ACT
_______
October 3, 2023.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 1137]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 1137), to establish
the Law Enforcement Mental Health and Wellness Program, and for
other purposes, having considered the same, reports favorably
thereon with an amendment, in the nature of a substitute, and
recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 3
IV. Section-by-Section Analysis of the Bill, as Reported............. 4
V. Evaluation of Regulatory Impact.................................. 6
VI. Congressional Budget Office Cost Estimate........................ 6
VII. Changes in Existing Law Made by the Bill, as Reported............ 7
I. Purpose and Summary
S. 1137, the DHS Suicide Prevention and Resiliency for Law
Enforcement Act, establishes the Law Enforcement Mental Health
and Wellness Program (Program) within the Department of
Homeland Security (DHS) to provide oversight, guidance, and
resources to DHS components that carry out law enforcement
missions. The bill would require the Program to evaluate
existing mental health and resiliency programs to assess
effectiveness and assist mental health and wellness program
officials with implementation of new policies, procedures, and
programs, as necessary, based on the evaluation's findings. The
bill also requires DHS components to prioritize mental health
and wellness programming that provides law enforcement-specific
resources and training to address mental health, well-being,
resilience, and suicide prevention programs and training.
Further, the bill requires DHS to revise policies and
procedures that may create barriers for law enforcement who
seek mental health assistance and to provide trainings and
messaging that will increase awareness of signs of mental
health stress and available resources.
II. Background and Need for the Legislation
DHS, with approximately 80,000 law enforcement agents and
officers, is the country's largest federal law enforcement
agency that covers a vast and complex mission set.\1\ Across
the Department, law enforcement personnel are responsible for
safeguarding our nation from terrorist threats and
transnational crime; enforcing criminal and civil customs,
trade, and immigration laws; safeguarding the nation's
financial infrastructure; and securing international trade and
travel, among other duties. According to recent studies, for
law enforcement officials, dying by suicide is more common than
dying while carrying out their law enforcement duties.\2\ In
2022, 159 U.S. law enforcement officers or agents died by
suicide, an 11% increase from 2021, when 143 officers died by
suicide.\3\ In 2022, U.S. Customs and Border Protection, just
one component of DHS, lost 15 law enforcement personnel to
suicide.\4\
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\1\Department of Homeland Security official website, DHS Law
Enforcement (www.dhs.gov/dhs-law-enforcement#::text=The
%20Department%20of %20Homeland %20Security,nine %20different%20agencies
%20and%20offices) (accessed May 23, 2023).
\2\Hanna Shaul Bar Nissim, et al., Mental Health and Suicide of
First Responders, The Ruderman Family White Paper Update (May 2022).
\3\Blue H.E.L.P, The Numbers (https://bluehelp.org/the-numbers/)
(accessed May 23, 2023).
\4\Department of Homeland Security, U.S. Customs and Border
Protection, Budget Overview (Mar. 13, 2023) (https://www.dhs.gov/sites/
default/files/2023-03/U.S. %20CUSTOMS%20AND %20BORDER
%20PROTECTION_Remediated.pdf)
---------------------------------------------------------------------------
DHS, through its components, currently provides some
resources to address employee well-being and mental health. For
example, Employee Assistance Programs (EAPs) are available to
all DHS employees and offer a variety of resources, including
certain counseling services. However, these resources are not
necessarily tailored to address law enforcement specific
challenges.\5\ Additionally, there is no central repository for
sharing best practices or measuring effectiveness. A 2019
report on DHS's programs that address psychological health and
resilience found that there was no central repository of
information on the nature or elements of component programs or
their effectiveness.\6\ As of July 2022, DHS had not fully
implemented a system to track deaths by suicide that occur
among employees, to include deaths by suicide of law
enforcement.\7\
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\5\Department of Homeland Security, Employee Assistance Programs
(https://www.dhs.gov/employee-resources/employee-assistance-programs)
(accessed May 23, 2023).
\6\Carrie Farmer, Katie Whipke, Margaret Chamberlin, Programs
Addressing Psychological Health and Resiliency in the U.S. Department
of Homeland Security, Rand Corporation (2019).
\7\Department of Homeland Security, Management and Office of Human
Capital Officer, Response to the Homeland Security and Governmental
Affairs Committee's Questions Concerning Employee Resiliency Programs
(July 2022) (copy on file with Committee).
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One specific barrier to law enforcement seeking mental
health services is the stigma that an individual will
automatically be assessed for their fitness for duty.\8\ Law
enforcement personnel may also be concerned about being
perceived as weak or untrustworthy or that it may lead to
losing out on professional opportunities.\9\ Due to these
specific barriers that law enforcement personnel face, the
mental health and wellness resources available to them should
reflect those needs.
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\8\Katelyn Jetelina, Rebecca Molsberry, and Jerrifer Gonzalez,
Prevalence of Mental Illness and Mental Health Care Use Among Police
Officers, Jama Network Open (Oct. 7, 2020).
\9\Department of Justice, Community Oriented Policing Services, Law
Enforcement Mental Health and Wellness Act Report to Congress (Mar.
2019) (https://portal.cops.usdoj.gov/ resourcecenter? item=cops-p370).
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As part of the Department of Justice's Office of Justice
Programs National Officer Safety Initiatives Program, the
National Consortium on Preventing Law Enforcement Suicide
issued a report in 2020 related to access, quality, and
acceptance of resources available specifically to support
suicide prevention efforts. The final report identified data
and research, organization and systems change, peer support,
family support, and messaging as key areas for law enforcement
agencies to implement approaches to supporting mental health
and wellness and preventing law enforcement suicide.\10\ This
bill reflects the recommendations provided by the Consortium to
improve DHS's mental health and wellness efforts with respect
to law enforcement and their specific challenges.
---------------------------------------------------------------------------
\10\International Association of Chiefs of Police, National Officer
Safety Initiatives, National Consortium on Preventing Law Enforcement
Suicide, Final Report (Oct. 2020) (https://www.theiacp.org/sites/
default/files/2020-10/244736_IACP_NOSI_FinalReport_FINAL.pdf).
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The DHS Suicide Prevention and Resiliency for Law
Enforcement Act aims to address the unique challenges that DHS
law enforcement personnel face by enhancing and increasing
access to and awareness of mental health, well-being, and
suicide prevention programming and resources. This bill would
help ensure that DHS is tailoring programs to meet the needs of
personnel by requiring that the Department and components
conduct review and analysis of programming and training. The
bill would also formalize coordination and sharing of best
practices between DHS and its components to support consistency
and the development of more effective programs for personnel.
Specifically, the bill would require DHS to review and revise
policies that have the potential to inadvertently deter
personnel from seeking help, ensure that programming addresses
stigmas related to seeking assistance, and provide resilience
and suicide prevention training at an increased frequency
throughout an individual's time of service. To improve
awareness and information surrounding law enforcement suicide,
the bill would also require DHS to report on law enforcement
suicide, attempted suicide (to the extent possible), and
incident-related information to the Federal Bureau of
Investigation, Law Enforcement Suicide Data Collection
database. Together, the provisions aim to support DHS law
enforcement personnel by improving the mental health and
wellness programming development, delivery, and access.
III. Legislative History
Senator Gary Peters (D-MI) introduced S. 1137, the DHS
Suicide Prevention and Resiliency for Law Enforcement Act, on
March 30, 2023, with original cosponsor Senator Josh Hawley (R-
MO). The bill was referred to the Committee on Homeland
Security and Governmental Affairs.
The Committee considered S. 1137 at a business meeting on
May 17, 2023. At the business meeting, Senator Peters offered a
substitute amendment to the bill, as well as a modification to
the substitute amendment, to incorporate technical drafting
assistance from DHS that provided a rule of construction and
addressed adverse action and referrals for employment-related
examinations or inquiries. The modified amendment also
incorporated clarification to ensure employee participation in
programs and evaluations is voluntary. It also ensures that
programs can include nongovernmental resources when available
and appropriate. The Committee adopted the modification to the
substitute amendment and adopted the substitute amendment (as
modified) by voice vote, with Senators Peters, Hassan, Sinema,
Rosen, Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, and
Scott present. The bill, as amended by the Peters amendment as
modified, was ordered reported favorably by roll call vote of
10 yeas to 1 nay, with Senators Peters, Hassan, Sinema, Rosen,
Padilla, Ossoff, Blumenthal, Lankford, Romney, and Scott voting
in the affirmative, and Senator Paul voting in the negative.
Senators Carper, Johnson, Hawley, and Marshall voted yea by
proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``DHS Suicide Prevention and Resiliency for Law Enforcement
Act.''
Section 2. Department of Homeland Security Suicide Prevention and
Resiliency for Law Enforcement
This section amends Title VII of the Homeland Security Act
of 2002 (6 U.S.C. 341 et seq.) by inserting a new section 710A
titled ``Suicide Prevention and Resiliency for Law
Enforcement.''
Section 710A, subsection (a) defines the terms ``Department
of Homeland Security component'' and ``Program.''
Section 710A, subsection (b) requires the establishment of
the Law Enforcement Mental Health and Wellness Program
(Program), to provide a comprehensive approach in addressing
the mental health and wellness of DHS law enforcement officers
and agents. This subsection specifies the staffing and
administration requirements of the Program, including the
development of policies and standard operating procedures,
tracking trends and leading practices for law enforcement
mental health and wellness, evaluating current mental health
and resiliency programs, promoting education and training
across components, conducting outreach, and establishing
partnerships. The subsection directs the Program to conduct
data collection and research on mental health, suicides, and to
the extent possible, attempted suicides of law enforcement
personnel. The Program must do so in accordance with existing
law and Department policies, including the Privacy Act, to
ensure the protection of privacy and personally identifiable
information. Specifically, the subsection directs the Program
to evaluate each existing mental health and resiliency program
across the DHS components; promote improvements of the
programs; and promote education and training related to mental
health, resilience, suicide prevention, and stigma, and
resources to raise mental health awareness. This subsection
prohibits the publication of any personally identifiable
information and specifies that use of this information is
limited to the purposes specified by this section, unless
otherwise permitted by law. It also specifies that no employee
may be compelled to provide information for the purpose of
Program activities.
Section 710A, subsection (b) also requires the
establishment of the Peer-to-Peer Program Advisory Council,
comprised of personnel and at least one clinician from each
component, to evaluate individual component peer support
programs; identify any deficiencies, limitations, or gaps;
share best practices; and develop suicide prevention and
resiliency support and training. This subsection directs the
Council to create a network to enable the sharing of resources
across components. Additionally, this subsection directs the
Council to fund annual and refresher training and resources for
peer support programming.
Section 710A, subsection (c) requires the Chief Medical
Officer to coordinate with each of the components, by assigning
at least one official from each component to coordinate with
the field points of contact who are responsible for carrying
out mental health and wellness programs.
Section 710A, subsection (d) requires each component to
prioritize and improve mental health and wellness programs. It
also requires components to review and revise policies that
inadvertently deter personnel from seeking assistance, and to
ensure that programs include safeguards against adverse action
or automatic referrals for employment-related examinations or
inquiries based solely on an employee self-identifying a need
for psychological health counseling or assistance or receiving
such assistance.
Section 710A, subsection (e) requires the Health and
Wellness Coordinator to develop criteria to evaluate the
effectiveness of law enforcement health and wellness programs,
conduct annual confidential surveys of component law
enforcement personnel to assist in these evaluations, and
provide recommendations to components based on the evaluations.
This subsection also requires the components to report
incidents of suicide involving law enforcement officers and
agents to the Health and Wellness Coordinator and requires the
Coordinator to report data to the Law Enforcement Officers
Suicide Data Collection Program. This subsection prohibits the
publication of any personally identifiable information
collected during the assessment of these programs and reporting
of data, and limits the use of personally identifiable
information to the purposes of implementing this section.
Section 710A, subsection (f) requires the Chief Medical
Officer to brief the Senate Committee on Homeland Security and
Governmental Affairs and the House Committee on Homeland
Security regarding the implementation of the Program and the
requirements of this section, with a briefing 180 days after
enactment and annually thereafter.
Section 710A, subsection (g) specifies that participation
in any program, survey, or data collection is voluntary for DHS
personnel.
Section 710A, subsection (h) allows the Secretary to
provide the services under the Program to any employee of the
Department.
Subsection (b) is a clerical amendment to insert the new
section 710A, titled ``Suicide prevention and resiliency for
law enforcement'' in the table of contents in section 1(b) of
the Homeland Security Act of 2002 (Pub. L. 107-296).
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1137 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 S.
1137 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.
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.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, 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. 701. * * *
Sec. 710A. Suicide prevention and resiliency for law enforcement.
* * * * * * *
TITLE VII--MANAGEMENT
* * * * * * *
SEC. 710A. SUICIDE PREVENTION AND RESILIENCY FOR LAW ENFORCEMENT.
(a) Definitions.--
(1) Department of homeland security component.--The
term ``Department of Homeland Security component''
means--
(A) U.S. Customs and Border Protection;
(B) U.S. Immigration and Customs Enforcement;
(C) the Office of the Inspector General of
the Department of Homeland Security;
(D) the United States Coast Guard;
(E) the United States Secret Service;
(F) the Transportation Security
Administration; and
(G) any other Department of Homeland Security
component or office with law enforcement
officers or agents.
(2) Program.--The term ``Program'' means the Law
Enforcement Mental Health and Wellness Program
established pursuant to subsection (b).
(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, the Law Enforcement
Mental Health and Wellness Program.
(B) Purpose.--The purpose of the Program
shall be to provide a comprehensive approach to
address the mental health and wellness of
Department of Homeland Security law enforcement
agents and officers.
(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 law enforcement personnel
within the Department of Homeland
Security, 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 of Homeland
Security's directives and policies,
section 1128E of the Social Security
Act (42 U.S.C. 1320a-7e), 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
Department of Homeland Security
components;
(v) promote education and training
related to mental health, resilience,
suicide prevention, stigma, and mental
health resources to raise mental health
awareness and to support the needs of
supervisors, clinicians, care-givers,
peer support members, chaplains, and
those who have been exposed to trauma;
(vi) establish partnerships with
faith-based organizations, community-
based organizations, counseling
programs, or other social service
programs that provide mental health and
suicide prevention support services;
(vii) establish the Peer-to-Peer
Support Program Advisory Council, which
shall--
(I) include at least 1
licensed clinician and at least
1 official with requisite and
relevant training and
experience in peer support for
law enforcement personnel from
each Department of Homeland
Security 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 of Homeland Security
components, and may also
include outside agency
organizations, such as faith-
based organizations, community-
based organizations, counseling
programs, and other social
service programs; and
(VI) sustain peer support
programs through ongoing
funding of annual and refresher
training and resources for peer
support programing in the
workplace--
(aa) to ensure
minimum standards for
peer support services;
and
(bb) to provide
appropriate care for
peer support personnel
across Department of
Homeland Security
components;
(viii) assist Department of Homeland
Security components in developing a
program to provide suicide prevention
and resiliency support and training
for--
(I) families of law
enforcement agents and
officers; and
(II) surviving families of
officers and agents who have
died by suicide;
(ix) work with law enforcement mental
health and wellness program officials
of Department of Homeland Security
components (which shall include 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
(x) conduct regular outreach and
messaging, across Department of
Homeland Security components, of
available training opportunities and
resources.
(D) Confidentiality; limitation.--
(i) Confidentiality.--Actions
described in subparagraph (C) may not--
(I) include the publication
of any personally identifiable
information; or
(II) compel any employee to
provide any information for the
purposes of this subsection.
(ii) Limitation.--Personally
identifiable information collected
pursuant to subparagraph (C) may not be
used for any purpose other than the
implementation of this section unless
otherwise permitted under applicable
law. Any personally identifiable
information that is 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 that the Program is staffed with
the number of employees that the Chief
Medical Officer determines to be
necessary to carry out the duties
described in subparagraph (C),
including representatives from each
Department of Homeland Security
component and the Office of the Chief
Privacy Officer.
(2) Directive.--Not later than 180 days after the
date of the enactment of the DHS Suicide Prevention and
Resiliency for Law Enforcement Act, 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 of Homeland Security components by
assigning at least 1 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 of Homeland Security Components.--The
Secretary shall require the head of each Department of Homeland
Security component to prioritize and improve mental health and
wellness programs, which may include other Department of
Homeland Security component personnel, 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 Department of
Homeland Security component and through private
sources, which may include faith-based organizations,
community-based organizations, counseling programs, and
other social service programs, that provide for
anonymity and include access to external mental health
clinicians;
(4) review and revise relevant policies of Department
of Homeland Security components that inadvertently
deter personnel from seeking mental health assistance;
(5) ensure that such programs include safeguards
against adverse action 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) ensure that such programs include safeguards
regarding automatic referrals for employment-related
examinations or inquiries that are based solely on an
employee who self identifies a need for psychological
health counseling or assistance or receives such
counseling or assistance, except that such safeguards
shall not prevent a component referral to evaluate an
employee's ability to meet established medical or
psychological standards by such component or to
evaluate an employee's national security eligibility;
(7) implement policies that require in-person or live
and interactive virtual suicide awareness and law
enforcement resiliency training for law enforcement
officers and agents;
(8) make such training available, as appropriate, to
other personnel--
(A) upon the commencement of their employment
with the Department of Homeland Security;
(B) on an annual basis during such
employment;
(C) during such employees' transition into a
supervisory role; and
(D) if feasible, shortly before the officer,
agent, or other Department of Homeland Security
component personnel terminates his or her
employment with the Department, if such
individual elects to participate; and
(9) include prevention and awareness training
opportunities and support services for families of
officers, agents, and other Department of Homeland
Security 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 develop criteria to assess the
effectiveness of law enforcement health and
wellness programs carried out by the
Department;
(B) shall conduct annual confidential surveys
of law enforcement agents and officers within
Department of Homeland Security components to
assist in evaluating the effectiveness of law
enforcement health and wellness programs in
accordance with the criteria developed pursuant
to subparagraph (A);
(C) shall ensure that the surveys conducted
pursuant to subparagraph (B)--
(i) incorporate leading practices in
questionnaire and survey design and
development; and
(ii) establish a baseline and
subsequently measure change over time;
and
(D) may utilize contractor support in
carrying out the duties described in
subparagraphs (A) through (C).
(2) Recommendations.--The Chief Medical Officer of
the Department shall provide recommendations to
Department of Homeland Security components based on the
evaluation of programs and the results of the surveys
conducted pursuant to paragraph (1)(B).
(3) Incident reports.--Each Department of Homeland
Security component shall report to the Workplace Health
and Wellness Coordinator incidents of suicide involving
law enforcement officers and agents and any data
consistent with data collected under section 2(a) of
the Law Enforcement Suicide Data Collection Act (Public
Law 116-143). The Workplace Health and Wellness
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 used for any purpose other than the
implementation of this section unless otherwise
permitted under applicable law. Any personally
identifiable information that is 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 the DHS Suicide Prevention and Resiliency for
Law Enforcement Act, and annually thereafter through fiscal
year 2027, the Chief Medical Officer of the Department shall
provide a briefing to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding the
implementation of the requirements described in this section.
(g) Voluntary Participation; Clarification.--Participation
in any program, survey, or data collection conducted under this
section is voluntary.
(h) Rule of Construction.--Notwithstanding any provision of
this section, the Secretary may provide services under the
Program to any employee of the Department.
* * * * * * *
[all]