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H.R. 1646 — what changed

Helping Emergency Responders Overcome Act

From Introduced in House to Reported in House. 5 sections amended and 1 added between Introduced in House and Reported in House.

Section 1 Short title

changed This Act may be cited as the “Helping Emergency Responders Overcome Act of 2019” Act” or the “HERO Act of 2019” .Act”.

Sec. 2 Data system to capture national public safety officer suicide incidence

changed The Public Health Service Act is amended by inserting after section 317T 317U of such Act (42 U.S.C. 247b–22) 247b–23) the following:

changed “317U. “317V. Data system to capture national public safety officer suicide incidence

changed “(a) In general—The Secretary, acting primarily through in coordination with the Director of the Centers for Disease Control and Prevention and in coordination with other agencies as the Secretary determines appropriate, shall—

“(1) develop and maintain a data system, to be known as the Public Safety Officer Suicide Reporting System, for the purposes of—

“(A) collecting data on the suicide incidence among public safety officers; and

“(B) facilitating the study of successful interventions to reduce suicide among public safety officers; and

“(2) integrate such system into the National Violent Death Reporting System, so long as the Secretary determines such integration to be consistent with the purposes described in paragraph (1).

“(b) Data collection—In collecting data for the Public Safety Officer Suicide Reporting System, the Secretary shall, at a minimum, collect the following information:

“(1) The total number of suicides in the United States among all public safety officers in a given calendar year.

“(2) Suicide rates for public safety officers in a given calendar year, disaggregated by—

“(A) age and gender of the public safety officer;

“(B) State;

“(C) occupation; including both the individual’s role in their public safety agency and their primary occupation in the case of volunteer public safety officers;

changed “(D) where available, the status of the public safety officer as volunteer, paid-on-call, or career; and

“(E) status of the public safety officer as active or retired.

changed “(c) Consultation during development—In developing the Public Safety Officer Suicide Reporting System, the Secretary shall consult with non-Federal experts to determine the best means to collect data regarding suicide incidence in a safe, sensitive, anonymous, and effective manner. Such non-Federal experts shall include include, as appropriate, the following:

“(1) Public health experts with experience in developing and maintaining suicide registries.

“(2) Organizations that track suicide among public safety officers.

“(3) Mental health experts with experience in studying suicide and other profession-related traumatic stress.

“(4) Clinicians with experience in diagnosing and treating mental health issues.

“(5) Active and retired volunteer, paid-on-call, and career public safety officers.

“(6) Relevant national police, and fire and emergency medical services, organizations.

changed “(d) Data privacy and security—In developing and maintaining the Public Safety Officer Suicide Reporting System, the Secretary shall ensure that all applicable Federal and State privacy and security protections are followed to ensure that—

“(1) the confidentiality and anonymity of suicide victims and their families are protected, including so as to ensure that data cannot be used to deny benefits; and

“(2) data is sufficiently secure to prevent unauthorized access.

“(e) Reporting

changed “(1) Annual report—Not later than one year 2 years after the date of enactment of the Helping Emergency Responders Overcome Act of 2019, Act, and annually biannually thereafter, the Secretary shall submit a report to the Congress on the suicide incidence among public safety officers. Each such report shall—

changed “(A) include the number and rate of such suicide incidence dis­ag­gre­gat­ed incidence, disaggregated by age, gender, and State of employment;

changed “(B) identify risk factors characteristics and contributing circumstances for suicide among public safety officers;

“(C) disaggregate rates of suicide by—

“(i) occupation;

“(ii) status as volunteer, paid-on-call, or career; and

“(iii) status as active or retired;

“(D) include recommendations for further study regarding the suicide incidence among public safety officers;

“(E) specify in detail, if found, any obstacles in collecting suicide rates for volunteers and include recommended improvements to overcome such obstacles;

“(F) identify options for interventions to reduce suicide among public safety officers; and

changed “(G) describe procedures to ensure the confidentiality and anonymity of suicide victims and their families, as described in subsection (d)(1).

“(2) Public availability—Upon the submission of each report to the Congress under paragraph (1), the Secretary shall make the full report publicly available on the website of the Centers for Disease Control and Prevention.

“(f) Definition—In this section, the term public safety officer means—

“(1) a public safety officer as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968; or

“(2) a public safety telecommunicator as described in detailed occupation 43–5031 in the Standard Occupational Classification Manual of the Office of Management and Budget (2018).

“(g) Prohibited use of information—Notwithstanding any other provision of law, if an individual is identified as deceased based on information contained in the Public Safety Officer Suicide Reporting System, such information may not be used to deny or rescind life insurance payments or other benefits to a survivor of the deceased individual.”

Sec. 3 Peer-support behavioral health and wellness programs within fire departments and emergency medical service agencies

(a)
added In general— Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following:

added “320B. Peer-support behavioral health and wellness programs within fire departments and emergency medical service agencies

added “(a) In general—The Secretary shall award grants to eligible entities for the purpose of establishing or enhancing peer-support behavioral health and wellness programs within fire departments and emergency medical services agencies.

added “(b) Program description—A peer-support behavioral health and wellness program funded under this section shall—

added “(1) use career and volunteer members of fire departments or emergency medical services agencies to serve as peer counselors;

added “(2) provide training to members of career, volunteer, and combination fire departments or emergency medical service agencies to serve as such peer counselors;

added “(3) purchase materials to be used exclusively to provide such training; and

added “(4) disseminate such information and materials as are necessary to conduct the program.

added “(c) Definition—In this section:

added “(1) The term eligible entity means a nonprofit organization with expertise and experience with respect to the health and life safety of members of fire and emergency medical services agencies.

added “(2) The term member—

added “(A) with respect to an emergency medical services agency, means an employee, regardless of rank or whether they receive compensation (as defined in section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968); and

added “(B) with respect to a fire department, means a firefighter (as defined in section 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968).”

(b)
added Technical correction— Effective as if included in the enactment of the Children’s Health Act of 2000 (Public Law 106–310), the amendment instruction in section 1603 of such Act is amended by striking “Part B of the Public Health Service Act” and inserting “Part B of title III of the Public Health Service Act”.

removed Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following:

removed “320B. Peer-support behavioral health and wellness programs within fire departments and emergency medical service agencies

removed “(a) In general—The Secretary shall award grants to eligible entities for the purpose of establishing or enhancing peer-support behavioral health and wellness programs within fire departments and emergency medical services agencies.

removed “(b) Program description—A peer-support behavioral health and wellness program funded under this section shall—

removed “(1) use career and volunteer members of fire departments or emergency medical services agencies to serve as peer counselors;

removed “(2) provide training to members of career, volunteer, and combination fire departments or emergency medical service agencies to serve as such peer counselors;

removed “(3) purchase materials to be used exclusively to provide such training; and

removed “(4) disseminate such information and materials as are necessary to conduct the program.

removed “(c) Definition—In this section:

removed “(1) The term eligible entity means a nonprofit organization with expertise and experience with respect to the health and life safety of members of fire and emergency medical services agencies.

removed “(2) The term member—

removed “(A) with respect to an emergency medical services agency, means an employee, regardless of rank or whether they receive compensation (as defined in section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(7)); and

removed “(B) with respect to a fire department, means a firefighter (as defined in section 1204(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(4)).”

Sec. 4 Health care provider behavioral health and wellness programs

added Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 3, is further amended by adding at the end the following:

added “320C. Health care provider behavioral health and wellness programs

added “(a) In general—The Secretary shall award grants to eligible entities for the purpose of establishing or enhancing behavioral health and wellness programs for health care providers.

added “(b) Program description—A behavioral health and wellness program funded under this section shall—

added “(1) provide confidential support services for health care providers to help handle stressful or traumatic patient-related events, including counseling services and wellness seminars;

added “(2) provide training to health care providers to serve as peer counselors to other health care providers;

added “(3) purchase materials to be used exclusively to provide such training; and

added “(4) disseminate such information and materials as are necessary to conduct such training and provide such peer counseling.

added “(c) Definitions—In this section, the term “eligible entity” means a hospital, including a critical access hospital (as defined in section 1861(mm)(1) of the Social Security Act) or a disproportionate share hospital (as defined under section 1923(a)(1)(A) of such Act), a Federally-qualified health center (as defined in section 1905(1)(2)(B) of such Act), or any other health care facility.”

(a)
removed In general— The Administrator of the United States Fire Administration, in coordination with the Secretary of Health and Human Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate mental health professionals about—
(1)
removed the culture of Federal, State, Tribal, and local career, volunteer, and combination fire departments and emergency medical services agencies;
(2)
removed the different stressors experienced by firefighters and emergency medical services personnel, supervisory firefighters and emergency medical services personnel, and chief officers of fire departments and emergency medical services agencies;
(3)
removed challenges encountered by retired firefighters and emergency medical services personnel; and
(4)
removed evidence-based therapies for mental health issues common to firefighters and emergency medical services personnel within such departments and agencies.
(b)
removed Consultation— In developing resources under subsection (a), the Administrator of the United States Fire Administration and the Secretary of Health and Human Services shall consult with national fire and emergency medical services organizations.
(c)
removed Definitions— In this section:
(1)
removed The term firefighter means any employee of a Federal, State, Tribal, or local fire department who is responsible for responding to calls for emergency service.
(2)
removed The term emergency medical services personnel means any employee, regardless of rank or whether they receive compensation, as defined in section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(7)).
(3)
removed The term chief officer means any individual who is responsible for the overall operation of a fire department or an emergency medical services agency, irrespective of whether such individual also serves as a firefighter or emergency medical services personnel.

Sec. 5 Development of resources for educating mental health professionals about treating fire fighters and emergency medical services personnel

(a)
changed Development; updates—In general— The Administrator of the United States Fire Administration, in consultation with the Secretary of Health and Human Services shall—Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate mental health professionals about—
(1)
changed develop and assemble evidence-based best practices the culture of Federal, State, Tribal, and other resources to identify, prevent, local career, volunteer, and treat posttraumatic stress disorder combination fire departments and co-occurring disorders in public safety officers; andemergency medical services agencies;
(2)
changed reassess and update, as the Secretary determines necessary, such best practices different stressors experienced by firefighters and resources, including based upon the options for interventions to reduce suicide among public safety emergency medical services personnel, supervisory firefighters and emergency medical services personnel, and chief officers identified in the annual reports required by section 317U(e)(1)(F) of the Public Health Service Act, as added by section 2 of this Act.fire departments and emergency medical services agencies;
(3)
added challenges encountered by retired firefighters and emergency medical services personnel; and
(4)
added evidence-based therapies for mental health issues common to firefighters and emergency medical services personnel within such departments and agencies.
(b)
changed Consultation— In developing, assembling, and updating the best practices and developing resources under subsection (a), the Administrator of the United States Fire Administration and the Secretary of Health and Human Services shall consult with, at a minimum, the following:with national fire and emergency medical services organizations.
(1)
removed Public health experts.
(2)
removed Mental health experts with experience in studying suicide and other profession-related traumatic stress.
(3)
removed Clinicians with experience in diagnosing and treating mental health issues.
(4)
removed Relevant national police, fire, and emergency medical services organizations.
(c)
changed Availability—Definitions— The Secretary of Health and Human Services shall make the best practices and resources under subsection (a) available to Federal, State, and local fire, law enforcement, and emergency medical services agencies.In this section:
(1)
added The term firefighter means any employee of a Federal, State, Tribal, or local fire department who is responsible for responding to calls for emergency service.
(2)
added The term emergency medical services personnel means any employee, regardless of rank or whether they receive compensation, as defined in section 1204(7) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(7)).
(3)
added The term chief officer means any individual who is responsible for the overall operation of a fire department or an emergency medical services agency, irrespective of whether such individual also serves as a firefighter or emergency medical services personnel.
(d)
removed Federal training and development programs— The Secretary of Health and Human Services shall work with Federal departments and agencies, including the United States Fire Administration, to incorporate education and training on the best practices and resources under subsection (a) into Federal training and development programs for public safety officers.
(e)
removed Definition— In this section, the term public safety officer means—
(1)
removed a public safety officer as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968; or
(2)
removed a public safety telecommunicator as described in detailed occupation 43–5031 in the Standard Occupational Classification Manual of the Office of Management and Budget (2018).

Sec. 6 Best practices and other resources for addressing posttraumatic stress disorder in public safety officers

added
(a)
added Development; updates— The Secretary of Health and Human Services shall—
(1)
added develop and assemble evidence-based best practices and other resources to identify, prevent, and treat posttraumatic stress disorder and co-occurring disorders in public safety officers; and
(2)
added reassess and update, as the Secretary determines necessary, such best practices and resources, including based upon the options for interventions to reduce suicide among public safety officers identified in the annual reports required by section 317V(e)(1)(F) of the Public Health Service Act, as added by section 2 of this Act.
(b)
added Consultation— In developing, assembling, and updating the best practices and resources under subsection (a), the Secretary of Health and Human Services shall consult with, at a minimum, the following:
(1)
added Public health experts.
(2)
added Mental health experts with experience in studying suicide and other profession-related traumatic stress.
(3)
added Clinicians with experience in diagnosing and treating mental health issues.
(4)
added Relevant national police, fire, and emergency medical services organizations.
(c)
added Availability— The Secretary of Health and Human Services shall make the best practices and resources under subsection (a) available to Federal, State, and local fire, law enforcement, and emergency medical services agencies.
(d)
added Federal training and development programs— The Secretary of Health and Human Services shall work with Federal departments and agencies, including the United States Fire Administration, to incorporate education and training on the best practices and resources under subsection (a) into Federal training and development programs for public safety officers.
(e)
added Definition— In this section, the term public safety officer means—
(1)
added a public safety officer as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); or
(2)
added a public safety telecommunicator as described in detailed occupation 43–5031 in the Standard Occupational Classification Manual of the Office of Management and Budget (2018).