[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9398 Introduced in House (IH)]

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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.''.
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