I 
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 re-
ferred 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 Pro-
tection, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘U.S. Customs and Bor-
der Protection Behavioral Health Act’’. 
SEC. 2. CBP BEHAVIORAL HEALTH. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Commissioner of U.S. Customs and Border 
Protection (CBP) should foster a culture of support in the 
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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 amend-
ed— 
(1) by redesignating subsections (o) through (r) 
as subsections (p) through (s), respectively; and 
(2) by inserting after subsection (n) the fol-
lowing 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 ini-
tial entry training sites of U.S. Customs and Border 
Protection shall include basic behavioral health 
awareness training to enhance awareness and de-
crease stigma. Such training shall include at a min-
imum the following: 
‘‘(A) Behavioral health’s impact on organi-
zations and mission readiness. 
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‘‘(B) Resources available to U.S. Customs 
and Border Protection personnel regarding be-
havioral health. 
‘‘(C) Information relating to how to recog-
nize 
common 
signs 
of 
behavioral 
health 
stressors in oneself and colleagues. 
‘‘(D) Steps to take if such signs are recog-
nized in oneself or colleagues. 
‘‘(3) FITNESS FOR DUTY PROCEDURES.— 
‘‘(A) IN GENERAL.—If a member of U.S. 
Customs and Border Protection personnel is de-
termined by the Commissioner to be perma-
nently unable to fulfill the duties of such a per-
sonnel due to behavioral health concerns in ac-
cordance with U.S. Customs and Border Pro-
tection’s Office of Human Resources Manage-
ment Standard Operating Procedure, Fitness 
for Duty Evaluation (dated March 1, 2022), 
the Commissioner shall make every effort to 
provide such a member with alternative employ-
ment opportunities within U.S. Customs and 
Border Protection at similar locations and pay 
ranges. 
‘‘(B) APPEALS
PROCESS.—The Commis-
sioner, in consultation with labor organizations 
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(as such term is defined in section 2 of the Na-
tional Labor Relations Act (29 U.S.C. 152)) 
representing U.S. Customs and Border Protec-
tion personnel, shall establish an appeals proc-
ess 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. Cus-
toms and Border Protection personnel may not no-
tify the Commissioner of such member obtaining 
such behavioral health care, unless such provider as-
sesses— 
‘‘(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 per-
form the duties of such a member; or 
‘‘(C) there is another special circumstance 
at issue. 
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Nothing in the previous sentence shall affect the ap-
plication of any other Federal or State law relating 
to the privacy or security of information to the ex-
tent 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 bi-
ennially thereafter, the Comptroller General of the 
United States, in consultation with labor organiza-
tions (as such term is defined in section 2 of the Na-
tional Labor Relations Act (29 U.S.C. 152)) rep-
resenting U.S. Customs and Border Protection per-
sonnel, 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 Pro-
tection regarding agency actions and Congress re-
garding legislative actions on how to continue to im-
prove behavioral health readiness within U.S. Cus-
toms and Border Protection. 
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 
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‘‘(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 Bor-
der Protection. 
‘‘(B) INCENTIVES.—To provide for the hir-
ing of behavioral health providers pursuant to 
subparagraph (A), the Commissioner may pro-
vide such behavioral health providers with re-
cruiting and retention incentives authorized 
under subchapter IV of chapter 57 of title 5, 
United States Code.’’. 
Æ 
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