[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\
---------------------------------------------------------------------------
    \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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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).
---------------------------------------------------------------------------
    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.

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