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[House Report 115-428]
[From the U.S. Government Publishing Office]

115th Congress     }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                  {       115-428

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         LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT OF 2017

                                _______
                                

 November 28, 2017.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2228]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2228) to provide support for law enforcement agency 
efforts to protect the mental health and well-being of law 
enforcement officers, and for other purposes, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                          Purpose and Summary

    H.R. 2228, the Law Enforcement Mental Health and Wellness 
Act of 2017, directs the Department of Justice, Department of 
Defense, and the Department of Veterans Affairs to develop 
resources to equip local law enforcement agencies to address 
mental health challenges faced by officers. In conjunction with 
the Department of Health and Human Services, the Department of 
Justice must develop educational resources for mental health 
providers regarding the culture of law enforcement agencies and 
therapies for mental health issues common to law enforcement 
officers. In developing these resources, the Department of 
Justice should examine the effect of gun violence on the mental 
health of officers and what can be done to solve those aspects 
of gun violence. The bill also makes grants available to 
initiate peer mentoring pilot programs, develop training for 
mental health providers specific to law enforcement mental 
health needs, and support law enforcement officers by studying 
the effectiveness of crisis hotlines and annual mental health 
checks.

                Background and Need for the Legislation

    The job of a police officer is one of the most stressful 
occupations in the world. Research has shown time and again 
that police officer occupational stress is directly related to 
higher rates of heart disease, divorce, sick days taken, 
alcohol abuse, and major psychological illnesses such as acute 
stress disorder, post-traumatic stress disorder, depression, 
and anxiety disorders.
    Currently, there are approximately 900,000 sworn officers 
in the United States, and the epidemic of stress disorders 
among police men and women has been so high that many 
departments have instituted mental health programs as 
preventative measures. These programs have had significant, 
successful results, such as a decrease in the number of police 
officer suicides (from 300 in 1998 to 126 in 2012). In 
departments where mental health and wellness programs are 
absent, however, problems likely remain at a critical level.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
2228.

                        Committee Consideration

    On October 12, 2017, the Committee met in open session and 
ordered the bill, H.R. 2228, favorably reported by voice vote, 
a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 2228.

                      Committee Oversight Findings

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

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2228, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 15, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2228, the Law 
Enforcement Mental Health and Wellness Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.

    Enclosure.

cc: Honorable John Conyers Jr.
   Ranking Member

   H.R. 2228--Law Enforcement Mental Health and Wellness Act of 2017

As ordered reported by the House Committee on the Judiciary on October 
                                12, 2017

    H.R. 2228 would require the Department of Justice (DOJ) to 
submit two reports to the Congress on programs and practices to 
improve the mental health of law enforcement officers. The bill 
also would direct DOJ to educate mental health providers about 
issues facing law enforcement officers, review the 
effectiveness of crisis hotlines for officers, and research the 
efficacy of annual mental health checks for those officers. 
Based on the costs of similar activities, CBO estimates that 
implementing the bill's provisions would cost about $1 million 
in fiscal year 2018, assuming the availability of appropriated 
funds.
    Enacting the bill would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 2228 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 2228 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 2228 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee finds that H.R. 2228 contains no directed 
rule making within the meaning of 5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
2228 directs the Department of Justice to provide support for 
law enforcement agency efforts to protect the mental health and 
well-being of law enforcement officers.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 2228 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short title. This section cites the short title 
of the legislation as the ``Law Enforcement Mental Health and 
Wellness Act of 2017.''
    Sec. 2. Support for law enforcement agencies. This section 
has three components: (1) it directs the Department of Justice 
(DOJ) to report on Department of Defense and Department of 
Veterans Affairs mental health practices and services that 
could be adopted by law enforcement agencies; (2) it requires 
DOJ's Office of Community Oriented Policing Services to report 
on programs to address the psychological health and well-being 
of law enforcement officers; and (3) it amends the Omnibus 
Crime Control and Safe Streets Act of 1968 to expand the 
allowable use of grant funds under the Community Oriented 
Policing Services (COPS) program to include establishing peer 
mentoring mental health and wellness pilot programs within 
state, local, and tribal law enforcement agencies.
    Sec. 3. Support for mental health providers. This section 
requires DOJ to coordinate with the Department of Health and 
Human Services to develop educational resources for mental 
health providers regarding the culture of law enforcement 
agencies and therapies for mental health issues common to law 
enforcement officers.
    Sec. 4. Support for officers. This section requires DOJ to: 
(1) review existing crisis hotlines, recommend improvements, 
and research annual mental health checks; (2) examine the 
mental health and wellness needs of federal officers; and (3) 
ensure that recommendations, resources, or programs under this 
bill protect the privacy of participating officers.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

           OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *
TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *

   PART Q--PUBLIC SAFETY AND COMMUNITY POLICING; ``COPS ON THE BEAT''

SEC. 1701. AUTHORITY TO MAKE PUBLIC SAFETY AND COMMUNITY POLICING 
                    GRANTS.

  (a) Grant Authorization.--The Attorney General shall carry 
out a single grant program under which the Attorney General 
makes grants to States, units of local government, Indian 
tribal governments, other public and private entities, and 
multi-jurisdictional or regional consortia for the purposes 
described in subsection (b).
  (b) uses of grant amounts.--The purposes for which grants 
made under subsection (a) may be made are--
          (1) to rehire law enforcement officers who have been 
        laid off as a result of State, tribal, or local budget 
        reductions for deployment in community-oriented 
        policing;
          (2) to hire and train new, additional career law 
        enforcement officers for deployment in community-
        oriented policing across the Nation, including by 
        prioritizing the hiring and training of veterans (as 
        defined in section 101 of title 38, United States 
        Code);
          (3) to procure equipment, technology, or support 
        systems, or pay overtime, to increase the number of 
        officers deployed in community-oriented policing;
          (4) to award grants to pay for offices hired to 
        perform intelligence, anti-terror, or homeland security 
        duties;
          (5) to increase the number of law enforcement 
        officers involved in activities that are focused on 
        interaction with members of the community on proactive 
        crime control and prevention by redeploying officers to 
        such activities;
          (6) to provide specialized training to law 
        enforcement officers to enhance their conflict 
        resolution, mediation, problem solving, service, and 
        other skills needed to work in partnership with members 
        of the community;
          (7) to increase police participation in 
        multidisciplinary early intervention teams;
          (8) to develop new technologies, including 
        interoperable communications technologies, modernized 
        criminal record technology, and forensic technology, to 
        assist State, tribal, and local law enforcement 
        agencies in reorienting the emphasis of their 
        activities from reacting to crime to preventing crime 
        and to train law enforcement officers to use such 
        technologies;
          (9) to develop and implement innovative programs to 
        permit members of the community to assist State, 
        tribal, and local law enforcement agencies in the 
        prevention of crime in the community, such as a 
        citizens' police academy, including programs designed 
        to increase the level of access to the criminal justice 
        system enjoyed by victims, witnesses, and ordinary 
        citizens by establishing decentralized satellite 
        offices (including video facilities) of principal 
        criminal courts buildings;
          (10) to establish innovative programs to reduce, and 
        keep to a minimum, the amount of time that law 
        enforcement officers must be away from the community 
        while awaiting court appearances;
          (11) to establish and implement innovative programs 
        to increase and enhance proactive crime control and 
        prevention programs involving law enforcement officers 
        and young persons in the community;
          (12) to establish school-based partnerships between 
        local law enforcement agencies and local school systems 
        by using school resource officers who operate in and 
        around elementary and secondary schools to combat 
        school-related crime and disorder problems, gangs, and 
        drug activities;
          (13) to develop and establish new administrative and 
        managerial systems to facilitate the adoption of 
        community-oriented policing as an organization-wide 
        philosophy;
          (14) to assist a State or Indian tribe in enforcing a 
        law throughout the State or tribal community that 
        requires that a convicted sex offender register his or 
        her address with a State, tribal, or local law 
        enforcement agency and be subject to criminal 
        prosecution for failure to comply;
          (15) to establish, implement, and coordinate crime 
        prevention and control programs (involving law 
        enforcement officers working with community members) 
        with other Federal programs that serve the community 
        and community members to better address the 
        comprehensive needs of the community and its members;
          (16) to support the purchase by a law enforcement 
        agency of no more than 1 service weapon per officer, 
        upon hiring for deployment in community-oriented 
        policing or, if necessary, upon existing officers' 
        initial redeployment to community-oriented policing;
          (17) to participate in nationally recognized active 
        shooter training programs that offer scenario-based, 
        integrated response courses designed to counter active 
        shooter threats or acts of terrorism against 
        individuals or facilities;
          (18) to provide specialized training to law 
        enforcement officers to--
                  (A) recognize individuals who have a mental 
                illness; and
                  (B) properly interact with individuals who 
                have a mental illness, including strategies for 
                verbal de-escalation of crises;
          (19) to establish collaborative programs that enhance 
        the ability of law enforcement agencies to address the 
        mental health, behavioral, and substance abuse problems 
        of individuals encountered by law enforcement officers 
        in the line of duty;
          (20) to provide specialized training to corrections 
        officers to recognize individuals who have a mental 
        illness;
          (21) to enhance the ability of corrections officers 
        to address the mental health of individuals under the 
        care and custody of jails and prisons, including 
        specialized training and strategies for verbal de-
        escalation of crises[; and];
          (22) to permit tribal governments receiving direct 
        law enforcement services from the Bureau of Indian 
        Affairs to access the program under this section for 
        use in accordance with paragraphs (1) through (21)[.]; 
        and
          (23) to establish peer mentoring mental health and 
        wellness pilot programs within State, tribal, and local 
        law enforcement agencies.
  (c) Preferential Consideration of Applications for Certain 
Grants.--In awarding grants under this part, the Attorney 
General may give preferential consideration, where feasible, to 
an application--
          (1) for hiring and rehiring additional career law 
        enforcement officers that involves a non-Federal 
        contribution exceeding the 25 percent minimum under 
        subsection (g);
          (2) from an applicant in a State that has in effect a 
        law that--
                  (A) treats a minor who has engaged in, or has 
                attempted to engage in, a commercial sex act as 
                a victim of a severe form of trafficking in 
                persons;
                  (B) discourages or prohibits the charging or 
                prosecution of an individual described in 
                subparagraph (A) for a prostitution or sex 
                trafficking offense, based on the conduct 
                described in subparagraph (A); and
                  (C) encourages the diversion of an individual 
                described in subparagraph (A) to appropriate 
                service providers, including child welfare 
                services, victim treatment programs, child 
                advocacy centers, rape crisis centers, or other 
                social services; or
          (3) from an applicant in a State that has in effect a 
        law--
                  (A) that--
                          (i) provides a process by which an 
                        individual who is a human trafficking 
                        survivor can move to vacate any arrest 
                        or conviction records for a non-violent 
                        offense committed as a direct result of 
                        human trafficking, including 
                        prostitution or lewdness;
                          (ii) establishes a rebuttable 
                        presumption that any arrest or 
                        conviction of an individual for an 
                        offense associated with human 
                        trafficking is a result of being 
                        trafficked, if the individual--
                                  (I) is a person granted 
                                nonimmigrant status pursuant to 
                                section 101(a)(15)(T)(i) of the 
                                Immigration and Nationality Act 
                                (8 U.S.C. 1101(a)(15)(T)(i));
                                  (II) is the subject of a 
                                certification by the Secretary 
                                of Health and Human Services 
                                under section 107(b)(1)(E) of 
                                the Trafficking Victims 
                                Protection Act of 2000 (22 
                                U.S.C. 7105(b)(1)(E)); or
                                  (III) has other similar 
                                documentation of trafficking, 
                                which has been issued by a 
                                Federal, State, or local 
                                agency; and
                          (iii) protects the identity of 
                        individuals who are human trafficking 
                        survivors in public and court records; 
                        and
                  (B) that does not require an individual who 
                is a human trafficking survivor to provide 
                official documentation as described in 
                subclause (I), (II), or (III) of subparagraph 
                (A)(ii) in order to receive protection under 
                the law.
  (d) Technical Assistance.--
          (1) In general.--The Attorney General may provide 
        technical assistance to States, units of local 
        government, Indian tribal governments, and to other 
        public and private entities, in furtherance of the 
        purposes of the Public Safety Partnership and Community 
        Policing Act of 1994.
          (2) Model.--The technical assistance provided by the 
        Attorney General may include the development of a 
        flexible model that will define for State and local 
        governments, and other public and private entities, 
        definitions and strategies associated with community or 
        problem-oriented policing and methodologies for its 
        implementation.
          (3) Training centers and facilities.--The technical 
        assistance provided by the Attorney General may include 
        the establishment and operation of training centers or 
        facilities, either directly or by contracting or 
        cooperative arrangements. The functions of the centers 
        or facilities established under this paragraph may 
        include instruction and seminars for police executives, 
        managers, trainers, supervisors, and such others as the 
        Attorney General considers to be appropriate concerning 
        community or problem-oriented policing and improvements 
        in police-community interaction and cooperation that 
        further the purposes of the Public Safety Partnership 
        and Community Policing Act of 1994.
  (e) Utilization of Components.--The Attorney General may 
utilize any component or components of the Department of 
Justice in carrying out this part.
  (f) Minimum Amount.--Unless all applications submitted by any 
State and grantee within the State pursuant to subsection (a) 
have been funded, each qualifying State, together with grantees 
within the State, shall receive in each fiscal year pursuant to 
subsection (a) not less than 0.5 percent of the total amount 
appropriated in the fiscal year for grants pursuant to that 
subsection. In this subsection, ``qualifying State'' means any 
State which has submitted an application for a grant, or in 
which an eligible entity has submitted an application for a 
grant, which meets the requirements prescribed by the Attorney 
General and the conditions set out in this part.
  (g) Matching Funds.--The portion of the costs of a program, 
project, or activity provided by a grant under subsection (a) 
may not exceed 75 percent, unless the Attorney General waives, 
wholly or in part, the requirement under this subsection of a 
non-Federal contribution to the costs of a program, project, or 
activity. In relation to a grant for a period exceeding 1 year 
for hiring or rehiring career law enforcement officers, the 
Federal share shall decrease from year to year for up to 5 
years, looking toward the continuation of the increased hiring 
level using State or local sources of funding following the 
conclusion of Federal support, as provided in an approved plan 
pursuant to section 1702(c)(8).
  (h) Allocation of Funds.--The funds available under this part 
shall be allocated as provided in section 1001(a)(11)(B).
  (i) Termination of Grants for Hiring Officers.--Except as 
provided in subsection (j), the authority under subsection (a) 
of this section to make grants for the hiring and rehiring of 
additional career law enforcement officers shall lapse at the 
conclusion of 6 years from the date of enactment of this part. 
Prior to the expiration of this grant authority, the Attorney 
General shall submit a report to Congress concerning the 
experience with and effects of such grants. The report may 
include any recommendations the Attorney General may have for 
amendments to this part and related provisions of law in light 
of the termination of the authority to make grants for the 
hiring and rehiring of additional career law enforcement 
officers.
  (j) Grants to Indian Tribes.--
          (1) In general.--Notwithstanding subsection (i) and 
        section 1703, and in acknowledgment of the Federal 
        nexus and distinct Federal responsibility to address 
        and prevent crime in Indian country, the Attorney 
        General shall provide grants under this section to 
        Indian tribal governments, for fiscal year 2011 and any 
        fiscal year thereafter, for such period as the Attorney 
        General determines to be appropriate to assist the 
        Indian tribal governments in carrying out the purposes 
        described in subsection (b).
          (2) Priority of funding.--In providing grants to 
        Indian tribal governments under this subsection, the 
        Attorney General shall take into consideration 
        reservation crime rates and tribal law enforcement 
        staffing needs of each Indian tribal government.
          (3) Federal share.--Because of the Federal nature and 
        responsibility for providing public safety on Indian 
        land, the Federal share of the cost of any activity 
        carried out using a grant under this subsection--
                  (A) shall be 100 percent; and
                  (B) may be used to cover indirect costs.
          (4) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $40,000,000 for each of fiscal years 2011 
        through 2015.
  (k) Report.--Not later than 180 days after the date of 
enactment of this subsection, the Attorney General shall submit 
to Congress a report describing the extent and effectiveness of 
the Community Oriented Policing (COPS) initiative as applied in 
Indian country, including particular references to--
          (1) the problem of intermittent funding;
          (2) the integration of COPS personnel with existing 
        law enforcement authorities; and
          (3) an explanation of how the practice of community 
        policing and the broken windows theory can most 
        effectively be applied in remote tribal locations.

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