Immigrants' Mental Health Act of 2020

II 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 edu- cation for border agents, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Immigrants’ Mental 4 Health Act of 2020’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3392 IS (1) ADMINISTRATOR.—The term ‘‘Adminis- 1 trator’’ means the Administrator of the Health Re- 2 sources and Services Administration of the Depart- 3 ment of Health and Human Services. 4 (2) APPROPRIATE CONGRESSIONAL COMMIT- 5 TEES.—The term ‘‘appropriate congressional com- 6 mittees’’ means— 7 (A) the Committee on Appropriations of 8 the Senate; 9 (B) the Committee on Homeland Security 10 and Governmental Affairs of the Senate; 11 (C) the Committee on Health, Education, 12 Labor, and Pensions of the Senate; 13 (D) the Committee on Appropriations of 14 the House of Representatives; 15 (E) the Committee on Homeland Security 16 of the House of Representatives; and 17 (F) the Committee on Energy and Com- 18 merce of the House of Representatives. 19 (3) ASSISTANT SECRETARY.—The term ‘‘Assist- 20 ant Secretary’’ means the Assistant Secretary 21 Health and Human Services for Mental Health and 22 Substance Use. 23 (4) CBP.—The term ‘‘CBP’’ means U.S. Cus- 24 toms and Border Protection. 25 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3392 IS (5) CBP DETENTION FACILITY.—The term 1 ‘‘CBP detention facility’’ means any of the following 2 facilities that typically detain migrants on behalf of 3 CBP: 4 (A) U.S. Border Patrol station. 5 (B) Port of entry. 6 (C) Checkpoint. 7 (D) Forward operating base. 8 (E) Secondary inspection area. 9 (F) Short-term custody facility. 10 (6) COMMISSIONER.—The term ‘‘Commis- 11 sioner’’ means the Commissioner of U.S. Customs 12 and Border Protection. 13 (7) FORWARD OPERATING BASE.—The term 14 ‘‘forward operating base’’ means a permanent facil- 15 ity established by CBP in forward or remote loca- 16 tions, and designated as such by the Commissioner. 17 SEC. 3. TRAINING FOR CERTAIN CBP PERSONNEL IN MEN- 18 TAL HEALTH ISSUES. 19 (a) TRAINING TO IDENTIFY RISK FACTORS AND 20 WARNING SIGNS IN IMMIGRANTS AND REFUGEES.— 21 (1) IN GENERAL.—The Commissioner, in con- 22 sultation with the Assistant Secretary, the Adminis- 23 trator, and nongovernmental experts in the delivery 24 of health care to children in humanitarian crises, 25 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3392 IS shall develop and implement a training curriculum 1 for CBP agents and officers assigned to CBP deten- 2 tion facilities to enable such agents and officers to 3 identify the risk factors and warning signs in immi- 4 grants and refugees of mental health issues relating 5 to trauma. 6 (2) REQUIREMENTS.—The training curriculum 7 required under paragraph (1) shall— 8 (A) apply to all CBP agents and officers 9 working at CBP detention facilities; 10 (B) provide for crisis intervention using a 11 trauma-informed approach; and 12 (C) provide for mental health screenings 13 for immigrants and refugees arriving at the 14 border in their preferred language or with ap- 15 propriate language assistance. 16 (b) TRAINING TO ADDRESS MENTAL HEALTH AND 17 WELLNESS OF CBP AGENTS AND OFFICERS.— 18 (1) IN GENERAL.—The Commissioner, in con- 19 sultation with the Assistant Secretary, the Adminis- 20 trator, and nongovernmental experts in the delivery 21 of mental health care, shall develop and implement 22 a training curriculum for CBP agents and officers 23 assigned to CBP detention facilities to address the 24 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3392 IS mental health and wellness of the individuals work- 1 ing at such facilities. 2 (2) REQUIREMENT.—The training curriculum 3 required under paragraph (1) shall be designed to 4 help CBP agents and officers working at CBP de- 5 tention facilities— 6 (A) to better manage their own stress and 7 the stress of their coworkers; and 8 (B) to be more aware of the psychological 9 pressures experienced during their jobs. 10 (c) ANNUAL REVIEW OF TRAINING.—Beginning on 11 October 1, 2021, the Assistant Secretary shall— 12 (1) conduct an annual review of the training 13 implemented pursuant to subsections (a) and (b); 14 and 15 (2) submit the results of each such review, in- 16 cluding any recommendations for improvement of 17 such training, to— 18 (A) the Commissioner; and 19 (B) the appropriate congressional commit- 20 tees. 21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section— 23 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3392 IS (1) $50,000 for fiscal year 2021, which shall be 1 expended to develop the training described in sub- 2 sections and (a) and (b); and 3 (2) for each of the fiscal years 2022 through 4 2026— 5 (A) $20,000 to implement the training de- 6 scribed in subsections (a) and (b); and 7 (B) such sums as may be necessary to re- 8 view, and make recommendations for, such 9 training pursuant to subsection (c). 10 SEC. 4. STAFFING BORDER FACILITIES AND DETENTION 11 CENTERS. 12 (a) STAFFING BORDER FACILITIES.— 13 (1) IN GENERAL.—The Commissioner shall as- 14 sign at least 1 qualified mental or behavioral health 15 expert to each CBP detention facility to adequately 16 evaluate the mental health needs of immigrants, ref- 17 ugees, border patrol agents, and staff. 18 (2) QUALIFICATIONS.—A mental or behavioral 19 health expert shall be considered to be qualified 20 under paragraph (1) if he or she— 21 (A) is bilingual; 22 (B) is well-versed in culturally appropriate 23 and trauma-informed interventions; and 24 VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3392 IS (C) has particular expertise in child or ad- 1 olescent mental health or family mental health. 2 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated $3,000,000 for each of the 4 fiscal years 2021 through 2025 to carry out this section. 5 SEC. 5. NO SHARING OF DEPARTMENT OF HEALTH AND 6 HUMAN SERVICES MENTAL HEALTH INFOR- 7 MATION FOR IMMIGRATION HEARINGS, ASY- 8 LUM DETERMINATIONS, OR REMOVAL PRO- 9 CEEDINGS. 10 The officers, employees, and agents of the Depart- 11 ment of Health and Human Services, including the Office 12 of Refugee Resettlement, may not share with the Depart- 13 ment of Homeland Security, and the officers, employees, 14 and agents of the Department of Homeland Security may 15 not request or receive from the Department of Health and 16 Human Services, for purposes of an immigration hearing, 17 an asylum determination, or a deportation proceeding, any 18 information or record— 19 (1) related to the mental health of an alien; or 20 (2) that was obtained or produced by a mental 21 or behavioral health professional while the alien was 22 in a shelter or otherwise in the custody of the Fed- 23 eral Government. 24 Æ VerDate Sep 11 2014 20:45 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3392.IS S3392 pamtmann on DSKBC07HB2PROD with BILLS