[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4388 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4388

To address mental health issues for youth, particularly youth of color, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2020

Mr. Menendez (for himself, Mr. Booker, Ms. Cortez Masto, Ms. Stabenow, 
     Mr. Bennet, Ms. Smith, Ms. Rosen, Ms. Warren, Mr. Carper, Mr. 
Blumenthal, Ms. Baldwin, and Ms. Harris) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To address mental health issues for youth, particularly youth of color, 
                        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 ``Mental Health Equity Act of 2020''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
               TITLE I--HEALTH EQUITY AND ACCOUNTABILITY

Sec. 101. Integrated Health Care Demonstration Program.
Sec. 102. Addressing racial and ethnic minority mental health 
                            disparities research gaps.
Sec. 103. Health professions competencies to address racial and ethnic 
                            minority mental health disparities.
Sec. 104. Racial and ethnic minority behavioral and mental health 
                            outreach and education strategy.
Sec. 105. Additional funds for National Institutes of Health.
Sec. 106. Additional funds for National Institute on Minority Health 
                            and Health Disparities.
                       TITLE II--OTHER PROVISIONS

Sec. 201. Reauthorization of Minority Fellowship Program.
Sec. 202. Commission on the Effects of Smartphone and Social Media Use 
                            on Adolescents.
Sec. 203. No Federal funds for conversion therapy.

               TITLE I--HEALTH EQUITY AND ACCOUNTABILITY

SEC. 101. INTEGRATED HEALTH CARE DEMONSTRATION PROGRAM.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following:

``SEC. 550. INTERPROFESSIONAL HEALTH CARE TEAMS FOR PROVISION OF 
              BEHAVIORAL HEALTH CARE IN PRIMARY CARE SETTINGS.

    ``(a) Grants.--The Secretary, acting through the Assistant 
Secretary for Mental Health and Substance Abuse, shall award grants to 
eligible entities for the purpose of establishing interprofessional 
health care teams that provide behavioral health care.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a Federally qualified health center 
(as defined in section 1861(aa) of the Social Security Act), rural 
health clinic, or behavioral health program, serving a high proportion 
of individuals from racial and ethnic minority groups (as defined in 
section 1707(g)).
    ``(c) Scientifically Based.--Integrated health care funded through 
this section shall be scientifically based, taking into consideration 
the results of the most recent peer-reviewed research available.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $20,000,000 for each of the 
first 5 fiscal years following the date of enactment of the Mental 
Health Equity Act of 2020.''.

SEC. 102. ADDRESSING RACIAL AND ETHNIC MINORITY MENTAL HEALTH 
              DISPARITIES RESEARCH GAPS.

    Not later than 6 months after the date of the enactment of this 
Act, the Director of the National Institute on Minority Health and 
Health Disparities shall enter into an arrangement with the National 
Academy of Sciences (or, if the National Academy of Sciences declines 
to enter into such an arrangement, an arrangement with the Institute of 
Medicine, the Patient Centered Outcomes Research Institute, the Agency 
for Healthcare Quality, or another appropriate entity)--
            (1) to conduct a study with respect to mental health 
        disparities in racial and ethnic minority groups (as defined in 
        section 1707(g) of the Public Health Service Act (42 U.S.C. 
        300u-6(g))); and
            (2) to submit to the Congress a report on the results of 
        such study, including--
                    (A) a compilation of information on the dynamics of 
                mental disorders in such racial and ethnic minority 
                groups; and
                    (B) a compilation of information on the impact of 
                exposure to community violence, adverse childhood 
                experiences, and other psychological traumas on mental 
                disorders in such racial and minority groups.

SEC. 103. HEALTH PROFESSIONS COMPETENCIES TO ADDRESS RACIAL AND ETHNIC 
              MINORITY MENTAL HEALTH DISPARITIES.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Assistant Secretary for Mental Health and Substance Use, 
shall award grants to qualified national organizations for the purposes 
of--
            (1) developing, and disseminating to health professional 
        educational programs curricula or core competencies addressing 
        mental health disparities among racial and ethnic minority 
        groups for use in the training of students in the professions 
        of social work, psychology, psychiatry, marriage and family 
        therapy, mental health counseling, and substance abuse 
        counseling; and
            (2) certifying community health workers and peer wellness 
        specialists with respect to such curricula and core 
        competencies and integrating and expanding the use of such 
        workers and specialists into health care to address mental 
        health disparities among racial and ethnic minority groups.
    (b) Curricula; Core Competencies.--Organizations receiving funds 
under subsection (a) may use the funds to engage in the following 
activities related to the development and dissemination of curricula or 
core competencies described in subsection (a)(1):
            (1) Formation of committees or working groups comprised of 
        experts from accredited health professions schools to identify 
        core competencies relating to mental health disparities among 
        racial and ethnic minority groups.
            (2) Planning of workshops in national fora to allow for 
        public input into the educational needs associated with mental 
        health disparities among racial and ethnic minority groups.
            (3) Dissemination and promotion of the use of curricula or 
        core competencies in undergraduate and graduate health 
        professions training programs nationwide.
            (4) Establishing external stakeholder advisory boards to 
        provide meaningful input into policy and program development 
        and best practices to reduce mental health disparities among 
        racial and ethnic minority groups.
    (c) Definitions.--In this section:
            (1) Qualified national organization.--The term ``qualified 
        national organization'' means a national organization that 
        focuses on the education of students in programs of social 
        work, psychology, psychiatry, and marriage and family therapy.
            (2) Racial and ethnic minority group.--The term ``racial 
        and ethnic minority group'' has the meaning given to such term 
        in section 1707(g) of the Public Health Service Act (42 U.S.C. 
        300u-6(g)).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the first 5 fiscal years following the date of enactment of 
this Act.

SEC. 104. RACIAL AND ETHNIC MINORITY BEHAVIORAL AND MENTAL HEALTH 
              OUTREACH AND EDUCATION STRATEGY.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following new section:

``SEC. 553. BEHAVIORAL AND MENTAL HEALTH OUTREACH AND EDUCATION 
              STRATEGY.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary, shall, in coordination with advocacy and behavioral and 
mental health organizations serving racial and ethnic minority groups, 
develop and implement an outreach and education strategy to promote 
behavioral and mental health and reduce stigma associated with mental 
health conditions and substance abuse among racial and ethnic minority 
groups. Such strategy shall--
            ``(1) be designed to--
                    ``(A) meet the diverse cultural and language needs 
                of the various racial and ethnic minority groups; and
                    ``(B) be developmentally and age-appropriate;
            ``(2) increase awareness of symptoms of mental illnesses 
        common among such groups, taking into account differences 
        within subgroups, such as gender, gender identity, age, or 
        sexual orientation, of such groups;
            ``(3) provide information on evidence-based, culturally and 
        linguistically appropriate and adapted interventions and 
        treatments;
            ``(4) ensure full participation of, and engage, both 
        consumers and community members in the development and 
        implementation of materials; and
            ``(5) seek to broaden the perspective among both 
        individuals in these groups and stakeholders serving these 
        groups to use a comprehensive public health approach to 
        promoting behavioral health that addresses a holistic view of 
        health by focusing on the intersection between behavioral and 
        physical health.
    ``(b) Reports.--Beginning not later than 1 year after the date of 
the enactment of this section and annually thereafter, the Secretary, 
acting through the Assistant Secretary, shall submit to Congress, and 
make publicly available, a report on the extent to which the strategy 
developed and implemented under subsection (a) increased behavioral and 
mental health outcomes associated with mental health conditions and 
substance abuse among racial and ethnic minority groups.
    ``(c) Definition.--In this section, the term `racial and ethnic 
minority group' has the meaning given to that term in section 1707(g).
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for the first fiscal 
year following the date of enactment of the Mental Health Equity Act of 
2020.''.

SEC. 105. ADDITIONAL FUNDS FOR NATIONAL INSTITUTES OF HEALTH.

    (a) In General.--In addition to amounts otherwise authorized to be 
appropriated to the National Institutes of Health, there is authorized 
to be appropriated to such Institutes $100,000,000 for each of the 
first 5 fiscal years following the date of enactment of this Act to 
build relations with communities and conduct or support clinical 
research, including clinical research on racial or ethnic disparities 
in physical and mental health.
    (b) Definition.--In this section, the term ``clinical research'' 
has the meaning given to such term in section 409 of the Public Health 
Service Act (42 U.S.C. 284d).

SEC. 106. ADDITIONAL FUNDS FOR NATIONAL INSTITUTE ON MINORITY HEALTH 
              AND HEALTH DISPARITIES.

    In addition to amounts otherwise authorized to be appropriated to 
the National Institute on Minority Health and Health Disparities, there 
is authorized to be appropriated to such Institute $650,000,000 for 
each of the first 5 fiscal years following the date of enactment of 
this Act.

                       TITLE II--OTHER PROVISIONS

SEC. 201. REAUTHORIZATION OF MINORITY FELLOWSHIP PROGRAM.

    Section 597(c) of the Public Health Service Act (42 U.S.C. 
297ll(c)) is amended by striking ``$12,669,000 for each of fiscal years 
2018 through 2022'' and inserting ``$25,000,000 for each of the first 5 
fiscal years following the date of enactment of the Mental Health 
Equity Act of 2020''.

SEC. 202. COMMISSION ON THE EFFECTS OF SMARTPHONE AND SOCIAL MEDIA USE 
              ON ADOLESCENTS.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Health and Human Services shall 
establish a commission, to be known as the Commission on the Effects of 
Smartphone and Social Media Usage on Adolescents, to examine--
            (1) the extent of smartphone and social media use in 
        schools; and
            (2) the effects of such use on--
                    (A) the emotional and physical health of students; 
                and
                    (B) the academic performance of students.
    (b) Membership.--
            (1) Number.--The Commission shall consist of 15 members 
        appointed by the Secretary.
            (2) Composition.--The members of the Commission--
                    (A) shall not include any government officials or 
                employees; and
                    (B) shall include representatives of academia, 
                technology companies, and advocacy groups.
    (c) Guidelines.--The Secretary shall authorize the Commission to 
establish guidelines for its operation.
    (d) Report.--Not later than 1 year after its establishment, the 
Commission shall submit to the Congress, and make publicly available, a 
report on the findings and conclusions of the Commission.
    (e) Definitions.--In this section:
            (1) The term ``Commission'' means the Commission on the 
        Effects of Smartphone and Social Media Usage on Adolescents 
        established under subsection (a).
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (f) Sunset.--Not later than 6 months after the Commission submits 
the report required by subsection (c), the Secretary shall terminate 
the Commission.

SEC. 203. NO FEDERAL FUNDS FOR CONVERSION THERAPY.

    (a) In General.--No Federal funds may be used for conversion 
therapy.
    (b) Discouraging States From Funding Conversion Therapy.--Beginning 
on the date that is 180 days after the date of enactment of this Act, 
any State that funds conversion therapy shall be ineligible to be 
awarded a grant or other financial assistance under any program of the 
Substance Abuse and Mental Health Services Administration, including 
any program under title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.).
    (c) Definitions.--For purposes of this section:
            (1) Conversion therapy.--The term ``conversion therapy''--
                    (A) means any practice or treatment by any person 
                that seeks to change another individual's sexual 
                orientation or gender identity, including efforts to 
                change behaviors or gender expressions, or to eliminate 
                or reduce sexual or romantic attractions or feelings 
                toward individuals of the same gender, if such person 
                receives monetary compensation in exchange for any such 
                practice or treatment; and
                    (B) does not include any practice or treatment, 
                which does not seek to change sexual orientation or 
                gender identity, that--
                            (i) provides assistance to an individual 
                        undergoing a gender transition; or
                            (ii) provides acceptance, support, and 
                        understanding of a client or facilitation of a 
                        client's coping, social support, and identity 
                        exploration and development, including sexual 
                        orientation-neutral interventions to prevent or 
                        address unlawful conduct or unsafe sexual 
                        practices.
            (2) Gender identity.--The term ``gender identity'' means 
        the gender-related identity, appearance, mannerisms, or other 
        gender-related characteristics of an individual, regardless of 
        the individual's designated sex at birth.
            (3) Person.--The term ``person'' means any individual, 
        partnership, corporation, cooperative, association, or any 
        other entity.
            (4) Sexual orientation.--The term ``sexual orientation'' 
        means homosexuality, heterosexuality, or bisexuality.
            (5) State.--The term ``State'' has the meaning given to 
        such term in section 2 of the Public Health Service Act (42 
        U.S.C. 201).
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