[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7254 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7254
To authorize the Secretary of Health and Human Services to award grants
to States and political subdivisions of States 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
March 28, 2022
Ms. Porter (for herself and Mrs. Dingell) introduced the following
bill; which was referred to the Committee 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 jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To authorize the Secretary of Health and Human Services to award grants
to States and political subdivisions of States 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Justice and Parity Act
of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Needless institutionalization (including in psychiatric
hospitals) of people with disabilities is generally a violation
of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.), and the failure to provide sufficient community-based
services (such as supported housing, assertive community
treatment, mobile crisis, peer support, and supported
employment) has resulted in needless institutionalization as
well as incarceration of persons with mental illness or an
intellectual or developmental disability.
(2) In the landmark 1999 Supreme Court case Olmstead v.
L.C., the Supreme Court ruled that the ``unjustified
institutional isolation of persons with disabilities is a form
of discrimination'' prohibited by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(3) Regulations promulgated by the Attorney General in 1991
affirm that title II of the Americans with Disabilities Act of
1990 (42 U.S.C. 12131 et seq.) requires public entities to
``administer services, programs, and activities in the most
integrated setting appropriate to the needs of qualified
individuals with disabilities'' (28 C.F.R. 35.130(d)). The
regulation defines ``the most integrated setting'' as one that
``enables individuals with disabilities to interact with
nondisabled persons to the fullest extent possible'' (28 C.F.R.
pt. 35, App. B).
(4) Yet today, persons with a mental illness or an
intellectual or developmental disability are more likely to be
incarcerated and to be subject to excessive use of force by law
enforcement officers. For example--
(A) one out of every four of the deaths caused by
law enforcement officers is a person with mental
illness; and
(B) persons with a mental illness or an
intellectual or developmental disability are often
charged with minor, nonviolent offenses, and for many
of these persons, arrest and incarceration could have
been avoided if they had access to intensive community-
based services and stable housing.
(5) Many of the police encounters that lead to the
incarceration (and in too many cases, death) of people with
mental illness or an intellectual or developmental disability
could be avoided by having in place systems that ensure that
calls to 9-1-1 or to law enforcement result in dispatch of
mental health professionals, peer support workers, or others
rather than law enforcement officers.
(6) Many people who are incarcerated would be better served
in community services. If there were sufficient community
services, and persons with mental illness or an intellectual or
developmental disability were connected to those services
rather than being arrested, thousands of people with mental
illness or an intellectual or developmental disability would
avoid needless admissions to hospitals or jails. Further, jails
and hospitals would experience less crowding.
SEC. 3. GRANTS FOR MENTAL HEALTH PROFESSIONALS TO ACT AS FIRST
RESPONDERS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Assistant Secretary for Mental Health and Substance Use and in
consultation with the Assistant Attorney General for the Civil Rights
Division of the Department of Justice (in this section referred to as
the ``Assistant Attorney General''), shall award grants to States and
political subdivisions of States--
(1) to hire, employ, train, and dispatch mental health
professionals to respond in lieu of law enforcement officers in
emergencies in which--
(A) an individual calling 9-1-1, 9-8-8, or another
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;
(B) a law enforcement officer or other first
responder identifies a person as having (or possibly
having) a mental illness or an intellectual or
developmental disability; or
(C) a law enforcement officer or other first
responder determines the situation warrants a mental
health professional because they identify 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 antiracism;
and
(B) age-appropriate techniques;
(3) to ensure that such mental health professionals link
persons described in subparagraph (A), (B), or (C) of paragraph
(1) with voluntary community-based services where appropriate;
and
(4) to train the staff of dispatch centers regarding the
proper handling of a report of an emergency described in
paragraph (1), including training in the principles of
deescalation and antiracism referred to in paragraph (2)(A).
(b) Delegation.--The Secretary shall delegate responsibility for
carrying out the Secretary's responsibilities under this section and
section 4 to the Director of the Center for Mental Health Services of
the Substance Abuse and Mental Health Services Administration.
(c) Additional Awards.--The Secretary shall make an additional
award of funds under this section each fiscal year to grantees that
demonstrate that their programs under this section resulted in--
(1) a notable reduction in the incarceration and death of
persons with mental illness or an intellectual or developmental
disability; or
(2) a notable reduction in the use of force by police and a
notable increase in referrals of persons with a mental illness
or intellectual or developmental disability to community-based,
voluntary support services (other than institutionalization or
carceral support services).
(d) Priority.--In awarding grants under this section, the Secretary
shall give priority to States and political subdivisions of States
that--
(1) have high rates of arrests and incarceration of persons
with a mental illness or an intellectual or developmental
disability;
(2) commit to increasing resources for mental health and
community-based support services or solutions for such persons;
or
(3) include in their current first responder model mental
health professionals, such as--
(A) social workers; or
(B) peer-support specialists.
(e) 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 of mental health
professionals and peer-support specialists
hired;
(ii) the percentage of emergencies where
mental health professionals were dispatched in
lieu of law enforcement officers pursuant to
assistance under this section;
(iii) such other matters as the Secretary
may require for determining whether the
recipient should receive an additional award
under subsection (c); and
(iv) any increase or decrease, compared to
any previous quarter, in incarceration or
institutionalization as a result of dispatching
mental health professionals pursuant to
assistance under this section, disaggregated to
include data specific to persons with mental
illnesses or intellectual and developmental
disabilities, where available, so as--
(I) to provide a critical baseline
analysis; and
(II) to ensure that mental health
practitioners are not simply funneling
individuals into other
institutionalized 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 reporting pursuant to
paragraphs (1) and (2) shall, to the extent determined by the
Secretary to be applicable, be disaggregated by age, gender,
race, and ethnicity.
(f) Revocation of Grant.--If the Secretary finds, based on
reporting under subsection (e) or other information, that activities
funded through a grant under this section are leading to a significant
increase in incarceration 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.
(g) Funding.--To carry out this section, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2023 and
each subsequent fiscal year.
SEC. 4. TECHNICAL ASSISTANCE FOR POLITICAL SUBDIVISIONS OF A STATE.
The Secretary of Health and Human Services, acting through the
Assistant Secretary for Mental Health and Substance Use and in
consultation with the Assistant Attorney General for the Civil Rights
Division of the Department of Justice, shall provide technical
assistance to grantees under section 3 (or other Federal law), other
political subdivisions of States, and States to hire, employ, train,
and dispatch mental health professionals to respond in lieu of law
enforcement officers, as described in section 3.
SEC. 5. 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 of the effectiveness of
programs and activities under sections 3 and 4.
(b) Qualitative and Longitudinal Examination.--The study under
subsection (a) shall include a qualitative and longitudinal study of--
(1) the number of persons diverted from arrests;
(2) short- and long-term outcomes for those persons,
including reduced recidivism, reduced incidences of use of
force, and reduced utilization of resources; and
(3) the number of full-time equivalent mental health
professionals hired to carry out activities funded through a
grant under section 3.
(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 General for the Civil Rights Division of the
Department of Justice shall--
(1) complete the study under subsection (a);
(2) submit a report to Congress on the results of such
study; and
(3) publish such report.
SEC. 6. ELIMINATING THE OPT-OUT FOR NONFEDERAL GOVERNMENTAL HEALTH
PLANS.
Section 2722(a)(2) of the Public Health Service Act (42 U.S.C.
300gg-21(a)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Sunset of election option.--
``(i) In general.--Notwithstanding the
preceding provisions of this paragraph--
``(I) no election described in
subparagraph (A) with respect to the
provisions of section 2726 may be made
on or after the date of enactment of
this subparagraph; and
``(II) except as provided in clause
(ii), no such election with respect to
the provisions of section 2726 expiring
on or after the date that is 180 days
after the date of such enactment may be
renewed.
``(ii) Exception for certain collectively
bargained plans.--Notwithstanding clause
(i)(II), a plan described in subparagraph
(B)(ii) that is subject to multiple agreements
described in such subparagraph of varying
lengths and that has an election in effect
under subparagraph (A) as of the date of
enactment of this subparagraph that expires on
or after the date that is 180 days after the
date of such enactment may extend such election
until the date on which the term of the last
such agreement expires.''.
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