Immigrants’ Mental Health Act of 2021
Bill: S.1100 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Immigration

Summary:
Immigrants' Mental Health Act of 2021
This bill directs Customs and Border Protection (CBP) to take steps to address mental health issues among immigrants and CBP agents and officers. It also restricts the sharing of mental health information for use in certain immigration proceedings.
CBP shall develop training to enable its agents and officers to (1) identify mental health issues and risk factors in immigrants and refugees, (2) provide crisis intervention using a trauma-informed approach, and (3) better manage work-related stress and psychological pressures.
CBP shall assign at least one qualified mental or behavioral health expert to each Border Patrol station, port of entry, checkpoint, forward operating base, secondary inspection area, and short-term custody facility.
The Department of Health and Human Services may not provide to the Department of Homeland Security information about the mental health of an alien if the information will be used for (1) an asylum determination, (2) an immigration hearing, or (3) a deportation hearing.

To expand and improve access to trauma-informed mental health 
interventions for newly arriving immigrants at the border, to alleviate 
 the stress of and provide education for border agents, 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 ``Immigrants' Mental Health Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Health Resources and Services 
        Administration of the Department of Health and Human Services.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (D) the Committee on Appropriations of the House of 
                Representatives;
                    (E) the Committee on Homeland Security of the House 
                of Representatives; and
                    (F) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Health and Human Services for 
        Mental Health and Substance Use.
            (4) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (5) CBP detention facility.--The term ``CBP detention 
        facility'' means any of the following facilities that typically 
        detain migrants on behalf of CBP:
                    (A) U.S. Border Patrol station.
                    (B) Port of entry.
                    (C) Checkpoint.
                    (D) Forward operating base.
                    (E) Secondary inspection area.
                    (F) Short-term custody facility.
            (6) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection.
            (7) Forward operating base.--The term ``forward operating 
        base'' means a permanent facility established by CBP in forward 
        or remote locations, and designated as such by the 
        Commissioner.

SEC. 3. TRAINING FOR CERTAIN CBP PERSONNEL IN MENTAL HEALTH ISSUES.

    (a) Training To Identify Risk Factors and Warning Signs in 
Immigrants and Refugees.--
            (1) In general.--The Commissioner, in consultation with the 
        Assistant Secretary, the Administrator, and nongovernmental 
        experts in the delivery of health care to children in 
        humanitarian crises, shall develop and implement a training 
        curriculum for CBP agents and officers assigned to CBP 
        detention facilities to enable such agents and officers to 
        identify the risk factors and warning signs in immigrants and 
        refugees of mental health issues relating to trauma.
            (2) Requirements.--The training curriculum required under 
        paragraph (1) shall--
                    (A) apply to all CBP agents and officers working at 
                CBP detention facilities;
                    (B) provide for crisis intervention using a trauma-
                informed approach; and
                    (C) provide for mental health screenings for 
                immigrants and refugees arriving at the border in their 
                preferred language or with appropriate language 
                assistance.
    (b) Training To Address Mental Health and Wellness of CBP Agents 
and Officers.--
            (1) In general.--The Commissioner, in consultation with the 
        Assistant Secretary, the Administrator, and nongovernmental 
        experts in the delivery of mental health care, shall develop 
        and implement a training curriculum for CBP agents and officers 
        assigned to CBP detention facilities to address the mental 
        health and wellness of the individuals working at such 
        facilities.
            (2) Requirement.--The training curriculum required under 
        paragraph (1) shall be designed to help CBP agents and officers 
        working at CBP detention facilities--
                    (A) to better manage their own stress and the 
                stress of their coworkers; and
                    (B) to be more aware of the psychological pressures 
                experienced during their jobs.
    (c) Annual Review of Training.--Beginning on October 1, 2022, the 
Assistant Secretary shall--
            (1) conduct an annual review of the training implemented 
        pursuant to subsections (a) and (b); and
            (2) submit the results of each such review, including any 
        recommendations for improvement of such training, to--
                    (A) the Commissioner; and
                    (B) the appropriate congressional committees.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $50,000 for fiscal year 2022, which shall be expended 
        to develop the training described in subsections and (a) and 
        (b); and
            (2) for each of the fiscal years 2023 through 2026--
                    (A) $20,000 to implement the training described in 
                subsections (a) and (b); and
                    (B) such sums as may be necessary to review, and 
                make recommendations for, such training pursuant to 
                subsection (c).

SEC. 4. STAFFING BORDER FACILITIES AND DETENTION CENTERS.

    (a) Staffing Border Facilities.--
            (1) In general.--The Commissioner shall assign at least 1 
        qualified mental or behavioral health expert to each CBP 
        detention facility to adequately evaluate the mental health 
        needs of immigrants, refugees, border patrol agents, and staff.
            (2) Qualifications.--A mental or behavioral health expert 
        shall be considered to be qualified under paragraph (1) if he 
        or she--
                    (A) is bilingual;
                    (B) is well-versed in culturally appropriate and 
                trauma-informed interventions; and
                    (C) has particular expertise in child or adolescent 
                mental health or family mental health.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 for each of the fiscal years 2022 through 2026 
to carry out this section.

SEC. 5. NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL 
              HEALTH INFORMATION FOR IMMIGRATION HEARINGS, ASYLUM 
              DETERMINATIONS, OR REMOVAL PROCEEDINGS.

    The officers, employees, and agents of the Department of Health and 
Human Services, including the Office of Refugee Resettlement, may not 
share with the Department of Homeland Security, and the officers, 
employees, and agents of the Department of Homeland Security may not 
request or receive from the Department of Health and Human Services, 
for purposes of an immigration hearing, an asylum determination, or a 
deportation proceeding, any information or record--
            (1) related to the mental health of an alien; or
            (2) that was obtained or produced by a mental or behavioral 
        health professional while the alien was in a shelter or 
        otherwise in the custody of the Federal Government.
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