U.S. Customs and Border Protection Behavioral Health Act
This bill addresses various issues related to behavioral health care for U.S. Customs and Border Protection (CBP) employees. For example, the bill (1) establishes a behavioral health readiness office within CBP, and (2) requires all CBP initial entry training sites to include basic behavioral health awareness training.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9398 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9398
To amend the Homeland Security Act of 2002 to provide for behavioral
health of U.S. Customs and Border Protection, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 1, 2022
Ms. Stefanik (for herself, Mr. Crenshaw, Ms. Salazar, Mrs. Miller-
Meeks, Mr. Van Drew, Mrs. Kim of California, Mr. Garbarino, Mr.
LaTurner, and Mr. Guest) introduced the following bill; which was
referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to provide for behavioral
health of U.S. Customs and Border Protection, 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 ``U.S. Customs and Border Protection
Behavioral Health Act''.
SEC. 2. CBP BEHAVIORAL HEALTH.
(a) Sense of Congress.--It is the sense of Congress that the
Commissioner of U.S. Customs and Border Protection (CBP) should foster
a culture of support in the provision of behavioral health care to CBP
personnel in order to dispel the stigma of seeking behavioral health
care.
(b) Behavioral Health.--Section 411 of the Homeland Security Act of
2002 (6 U.S.C. 211) is amended--
(1) by redesignating subsections (o) through (r) as
subsections (p) through (s), respectively; and
(2) by inserting after subsection (n) the following new
subsection:
``(o) Behavioral Health.--
``(1) Establishment of office.--There is established in
U.S. Customs and Border Protection a behavioral health
readiness office to carry out this subsection.
``(2) Behavioral health training.--All initial entry
training sites of U.S. Customs and Border Protection shall
include basic behavioral health awareness training to enhance
awareness and decrease stigma. Such training shall include at a
minimum the following:
``(A) Behavioral health's impact on organizations
and mission readiness.
``(B) Resources available to U.S. Customs and
Border Protection personnel regarding behavioral
health.
``(C) Information relating to how to recognize
common signs of behavioral health stressors in oneself
and colleagues.
``(D) Steps to take if such signs are recognized in
oneself or colleagues.
``(3) Fitness for duty procedures.--
``(A) In general.--If a member of U.S. Customs and
Border Protection personnel is determined by the
Commissioner to be permanently unable to fulfill the
duties of such a personnel due to behavioral health
concerns in accordance with U.S. Customs and Border
Protection's Office of Human Resources Management
Standard Operating Procedure, Fitness for Duty
Evaluation (dated March 1, 2022), the Commissioner
shall make every effort to provide such a member with
alternative employment opportunities within U.S.
Customs and Border Protection at similar locations and
pay ranges.
``(B) Appeals process.--The Commissioner, in
consultation with labor organizations (as such term is
defined in section 2 of the National Labor Relations
Act (29 U.S.C. 152)) representing U.S. Customs and
Border Protection personnel, shall establish an appeals
process for U.S. Customs and Border Protection
personnel to appeal a determination under this
paragraph.
``(4) Behavioral health privacy policy.--A health care
provider furnishing behavioral health care to an individual who
is a member of U.S. Customs and Border Protection personnel may
not notify the Commissioner of such member obtaining such
behavioral health care, unless such provider assesses--
``(A) such member poses a serious risk of harm to--
``(i) self;
``(ii) others; or
``(iii) mission;
``(B) there are acute medical conditions that
impair the ability of such member to perform the duties
of such a member; or
``(C) there is another special circumstance at
issue.
Nothing in the previous sentence shall affect the application
of any other Federal or State law relating to the privacy or
security of information to the extent that such other law is at
least as restrictive with respect to the permissible disclosure
or use of information described in the previous sentence.
``(5) Reports.--Not later than one year after the date of
the enactment of this subsection and biennially thereafter, the
Comptroller General of the United States, in consultation with
labor organizations (as such term is defined in section 2 of
the National Labor Relations Act (29 U.S.C. 152)) representing
U.S. Customs and Border Protection personnel, shall submit to
the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the
implementation of this subsection. Each such report shall
include recommendations to U.S. Customs and Border Protection
regarding agency actions and Congress regarding legislative
actions on how to continue to improve behavioral health
readiness within U.S. Customs and Border Protection.
``(6) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the Commissioner $23,100,000 for each
of fiscal years 2023 through 2028 to carry out this
subsection. Such amounts shall also be used to hire
behavioral health providers, who shall be embedded
within the operational units of U.S. Customs and Border
Protection.
``(B) Incentives.--To provide for the hiring of
behavioral health providers pursuant to subparagraph
(A), the Commissioner may provide such behavioral
health providers with recruiting and retention
incentives authorized under subchapter IV of chapter 57
of title 5, United States Code.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Homeland Security.
Referred to the Subcommittee on Border Security, Facilitation, and Operations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line