I 117th CONGRESS 2d Session H. R. 9398 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.

1. Short title This Act may be cited as the U.S. Customs and Border Protection Behavioral Health Act . 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. .