I 
117TH CONGRESS 
2D SESSION 
H. R. 8542 
To amend the Public Health Service Act to authorize grants to States, 
Indian Tribes, Tribal organizations, Urban Indian organizations, and 
political subdivisions thereof to hire, employ, train, and dispatch mental 
health professionals to respond in lieu of law enforcement officers in 
emergencies involving one or more persons with a mental illness or 
an intellectual or developmental disability, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2022 
Ms. PORTER introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
the Judiciary, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend the Public Health Service Act to authorize grants 
to States, Indian Tribes, Tribal organizations, Urban 
Indian organizations, and political subdivisions thereof 
to hire, employ, train, and dispatch mental health profes-
sionals to respond in lieu of law enforcement officers 
in emergencies involving one or more persons with a 
mental illness or an intellectual or developmental dis-
ability, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mental Health Justice 
Act of 2022’’. 
SEC. 2. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO 
ACT AS FIRST RESPONDERS. 
Subpart 3 of part B of title V of the Public Health 
Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 520N. GRANTS FOR MENTAL HEALTH PROFES-
SIONALS TO ACT AS FIRST RESPONDERS. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Assistant Secretary, and in consultation with the As-
sistant Attorney General for the Civil Rights Division of 
the Department of Justice, shall award grants to States, 
Indian Tribes, Tribal organizations, Urban Indian organi-
zations, and political subdivisions thereof to establish or 
expand programs— 
‘‘(1) to hire, employ, train, and dispatch mental 
health professionals to respond in lieu of law en-
forcement officers in emergencies in which— 
‘‘(A) an individual calling 911, 988, or an-
other emergency hotline states that a person— 
‘‘(i) is in a mental health crisis; or 
‘‘(ii) may have a mental illness or an 
intellectual or developmental disability; 
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‘‘(B) a law enforcement officer or other 
first responder identifies a person as having (or 
possibly having) a mental illness or an intellec-
tual or developmental disability; or 
‘‘(C) a law enforcement officer or other 
first responder identifies a person as being (or 
possibly being) under the influence of a legal or 
illegal substance; 
‘‘(2) to include in the training for mental health 
professionals pursuant to paragraph (1) training 
in— 
‘‘(A) the principles of deescalation; and 
‘‘(B) developmentally appropriate tech-
niques; 
‘‘(3) to ensure that such mental health profes-
sionals link persons described in subparagraph (A), 
(B), or (C) of paragraph (1) with voluntary commu-
nity-based services where appropriate; 
‘‘(4) to train the staff of dispatch centers re-
garding the proper handling of a report of an emer-
gency described in paragraph (1), including training 
in the principles and techniques referred to in sub-
paragraphs (A) and (B) of paragraph (2); and 
‘‘(5) to coordinate with law enforcement agen-
cies, which may include operating independently 
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from but in collaboration with a law enforcement 
agency, or operating within such an agency. 
‘‘(b) ADDITIONAL AWARDS.—The Secretary shall 
make an additional award of funds under this section each 
fiscal year to grantees that— 
‘‘(1) are in compliance with all conditions of 
their awards under this section, including the condi-
tions specified in subsections (a) and (d); and 
‘‘(2) demonstrate that their programs under 
this section resulted in— 
‘‘(A) a notable reduction in the incarcer-
ation and death of persons with mental illness 
or an intellectual or developmental disability; or 
‘‘(B) a notable reduction in the use of 
force by police and a notable increase in refer-
rals of persons with a mental illness or intellec-
tual disability to community-based, voluntary 
support services (other than institutionalization 
or carceral support services). 
‘‘(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to States, Indian 
Tribes, Tribal organizations, Urban Indian organizations, 
and political subdivisions thereof that— 
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‘‘(1) have high rates of arrests and incarcer-
ation of persons with a mental illness or an intellec-
tual or developmental disability; 
‘‘(2) commit to increasing resources for mental 
health and community-based support services or so-
lutions for such persons; or 
‘‘(3) include peer support specialists in their 
current first responder model. 
‘‘(d) REPORTING.— 
‘‘(1) BY
GRANTEES.—A recipient of a grant 
under this section shall submit to the Secretary— 
‘‘(A) a quarterly report on— 
‘‘(i) the number and percentage of 
emergencies where mental health profes-
sionals were dispatched in lieu of law en-
forcement officers pursuant to assistance 
under this section; 
‘‘(ii) such other matters as the Sec-
retary may require for determining wheth-
er the recipient should receive an addi-
tional award under subsection (b); and 
‘‘(iii) any increase or decrease, com-
pared to any previous quarter, in incarcer-
ation or institutionalization as a result of 
dispatching mental health professionals 
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pursuant to assistance under this section, 
disaggregated to include data specific to 
persons with intellectual and developmental 
disabilities and mental illnesses where 
available and permitted to be disclosed 
under applicable privacy law, so as— 
‘‘(I) to provide a critical baseline 
analysis; and 
‘‘(II) to ensure that mental 
health practitioners are not simply 
funneling individuals into other insti-
tutionalized settings; and 
‘‘(B) a final report on the use of such 
grant. 
‘‘(2) BY SECRETARY.—Not later than 1 year 
after awarding the first grant under this section, 
and annually thereafter, the Secretary shall submit 
to the Congress a report on the grant program 
under this section. 
‘‘(3) DISAGGREGATION OF DATA.—The report-
ing pursuant to paragraphs (1) and (2) shall, to the 
extent determined by the Secretary to be applicable, 
be disaggregated by age, sex, gender, race, and eth-
nicity. 
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‘‘(e) REVOCATION
OF GRANT.—If the Secretary 
finds, based on reporting under subsection (d) or other 
information, that activities funded through a grant under 
this section are leading to a significant increase in incar-
ceration or institutionalization— 
‘‘(1) the Secretary shall revoke the grant; and 
‘‘(2) the grantee shall repay to the Federal 
Government any amounts that the grantee— 
‘‘(A) received through the grant; and 
‘‘(B) has not obligated or expended. 
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary, act-
ing through the Assistant Secretary, and in consultation 
with the Assistant Attorney General for the Civil Rights 
Division of the Department of Justice, shall provide tech-
nical assistance to grantees under this section (or other 
Federal law), and to other States, Indian Tribes, Tribal 
organizations, Urban Indian organizations, and political 
subdivisions thereof to hire, employ, train, and dispatch 
mental health professionals to respond in lieu of law en-
forcement officers, as described in subsection (a). 
‘‘(g) DEFINITIONS.—In this section, the terms ‘In-
dian Tribe’, ‘Tribal organization’, and ‘Urban Indian or-
ganization’ have the meanings given to the terms ‘Indian 
tribe’, ‘tribal organization’, and ‘Urban Indian organiza-
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tion’, respectively, in section 4 of the Indian Health Care 
Improvement Act. 
‘‘(h) FUNDING.—To carry out this section, there is 
authorized to be appropriated $250,000,000 for the period 
of fiscal years 2023 through 2027.’’. 
SEC. 3. STUDY. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services and the Assistant Attorney General for 
the Civil Rights Division of the Department of Justice 
shall conduct a study on the effectiveness of programs and 
activities under section 520N of the Public Health Service 
Act, as added by section 2. 
(b) QUALITATIVE
AND LONGITUDINAL EXAMINA-
TION.—The study under subsection (a) shall include a 
qualitative and longitudinal study of— 
(1) the number of persons diverted from ar-
rests; and 
(2) short- and long-term outcomes for those 
persons, including reduced recidivism, reduced 
incidences of use of force, and reduced utilization of 
resources. 
(c) COMPLETION; REPORT.—Not later than 3 years 
after the date of enactment of this Act, the Secretary of 
Health and Human Services and the Assistant Attorney 
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General for the Civil Rights Division of the Department 
of Justice shall— 
(1) complete the study under subsection (a); 
(2) submit a report to the Congress on the re-
sults of such study; and 
(3) publish such report. 
SEC. 4. RULE OF CONSTRUCTION. 
(a) HIRING OF LAW ENFORCEMENT OFFICERS.— 
Nothing in this Act shall be construed to remove, sup-
plant, alter, or limit the authority of States, public agen-
cies, or municipalities from hiring or recruiting career law 
enforcement officers (as defined in section 1709 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10389)) to engage in or supervise the prevention, 
detection, or investigation of violations of criminal laws 
when appropriate. 
(b) CIRCUMSTANCES OF IMMINENT OR IMMEDIATE 
DANGER.—Nothing in this Act shall be construed to im-
pede, supplant, alter, or limit the use of career law en-
forcement officers during emergencies which career law 
enforcement officers may be best suited to handle, includ-
ing circumstances that are urgent, sudden, serious, or ne-
cessitate immediate action to remedy harm or avert immi-
nent danger to life, health, or property. 
Æ 
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