Immigrants’ Mental Health Act of 2021
Bill: H.R.2480 | Sponsor: Rep. Napolitano, Grace F. (D-CA)
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 that was obtained by a mental health professional while the alien was in federal government custody 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. 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 of U.S. Customs and 
        Border Protection, in consultation with the Assistant Secretary 
        for Mental Health and Substance Use, the Administrator of the 
        Health Resources and Services Administration, and 
        nongovernmental experts in the delivery of health care in 
        humanitarian crises and in the delivery of health care to 
        children, shall develop and implement a training curriculum for 
        U.S. Customs and Border Protection agents and officers assigned 
        to U.S. Customs and Border Protection 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 described in 
        paragraph (1) shall--
                    (A) apply to all U.S. Customs and Border Protection 
                agents and officers working at U.S. Customs and Border 
                Protection 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 of U.S. Customs and 
        Border Protection, in consultation with the Assistant Secretary 
        for Mental Health and Substance Use, the Administrator of the 
        Health Resources and Services Administration, and 
        nongovernmental experts in the delivery of mental health care, 
        shall develop and implement a training curriculum for U.S. 
        Customs and Border Protection agents and officers assigned to 
        U.S. Customs and Border Protection facilities to address the 
        mental health and wellness of individuals working at such 
        facilities.
            (2) Requirement.--The training curriculum described in 
        paragraph (1) shall be designed to help U.S. Customs and Border 
        Protection agents and officers working at U.S. Customs and 
        Border Protection facilities to--
                    (A) better manage their own stress and the stress 
                of their coworkers; and
                    (B) be more aware of the psychological pressures 
                experienced during their jobs.
    (c) Annual Review of Training.--Beginning with respect to fiscal 
year 2023, the Assistant Secretary for Mental Health and Substance Use 
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 of U.S. Customs and Border 
                Protection; and
                    (B) the Committees on Appropriations, Energy and 
                Commerce, Homeland Security, and the Judiciary of the 
                House of Representatives and the Committees on 
                Appropriations, Health, Education, Labor, and Pensions, 
                and Homeland Security and Governmental Affairs of the 
                Senate.
    (d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated--
            (1) for fiscal year 2022, $50,000 to develop the training 
        under subsections (a) and (b); and
            (2) for each of fiscal years 2023 through 2027--
                    (A) $20,000 to implement such training pursuant to 
                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. 3. STAFFING BORDER FACILITIES AND DETENTION CENTERS.

    (a) In General.--To adequately evaluate the mental health needs of 
immigrants, refugees, border patrol agents, and staff, the Commissioner 
of U.S. Customs and Border Protection shall assign at least one 
qualified mental or behavioral health expert to each U.S. Customs and 
Border Protection facility.
    (b) Qualifications.--To be qualified for purposes of subsection 
(a), a mental or behavioral health expert shall be--
            (1) bilingual;
            (2) well-versed in culturally appropriate and trauma-
        informed interventions; and
            (3) have particular expertise in child or adolescent mental 
        health or family mental health.
    (c) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $3,000,000 for each of fiscal 
years 2022 through 2026.

SEC. 4. NO SHARING OF DEPARTMENT OF HEALTH AND HUMAN SERVICES MENTAL 
              HEALTH INFORMATION FOR ASYLUM DETERMINATIONS, IMMIGRATION 
              HEARINGS, OR DEPORTATION 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 the purposes of an asylum determination, immigration hearing, or 
deportation proceeding, any information or record that--
            (1) concerns the mental health of an alien; and
            (2) 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.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) The term ``U.S. Customs and Border Protection 
        facility'' means any of the following facilities that typically 
        detain migrants on behalf of U.S. Customs and Border 
        Protection:
                    (A) U.S. Border Patrol stations.
                    (B) Ports of entry.
                    (C) Checkpoints.
                    (D) Forward operating bases.
                    (E) Secondary inspection areas.
                    (F) Short-term custody facilities.
            (2) The term ``forward operating base'' means a permanent 
        facility established by U.S. Customs and Border Protection in 
        forward or remote locations, and designated as such by U.S. 
        Customs and Border Protection.
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