[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3392 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3392
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 4, 2020
Mr. Merkley (for himself, Mr. Markey, and Mr. Blumenthal) introduced
the following bill; which was read twice and referred to the Committee
on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
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
2020''.
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 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, 2021, 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 is authorized to be
appropriated to carry out this section--
(1) $50,000 for fiscal year 2021, which shall be expended
to develop the training described in subsections and (a) and
(b); and
(2) for each of the fiscal years 2022 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 2021 through 2025
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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