[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7644 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7644

    To amend the Child Abuse Prevention and Treatment Act to ensure 
protections for lesbian, gay, bisexual, and transgender youth and their 
                               families.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2022

Ms. Davids of Kansas (for herself, Mr. Torres of New York, Mr. Pappas, 
 Mr. Sean Patrick Maloney of New York, Mr. Cicilline, Mr. Takano, and 
 Mr. David Scott of Georgia) introduced the following bill; which was 
 referred to the Committee on Education and Labor, and in addition to 
 the Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Child Abuse Prevention and Treatment Act to ensure 
protections for lesbian, gay, bisexual, and transgender youth and their 
                               families.

    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 ``Pride in Mental Health Act''.

SEC. 2. AMENDMENTS TO CAPTA.

    The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et 
seq.) is amended--
            (1) in section 104 (42 U.S.C. 5105)--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by redesignating subparagraphs 
                                (N) and (O) as subparagraphs (O) and 
                                (P), respectively;
                                    (II) by inserting after 
                                subparagraph (M) the following:
                    ``(N) child abuse and neglect issues facing 
                lesbian, gay, bisexual, transgender, queer or 
                questioning, nonbinary, and Two Spirit youth and 
                families, including--
                            ``(i) providing recommendations for 
                        improving the collection of data at the 
                        Federal, State, and local levels to better 
                        identify young people who may be at risk of, or 
                        experiencing, child abuse or neglect or adverse 
                        childhood experiences because of their sexual 
                        orientation, gender identity, or gender 
                        expression; and
                            ``(ii) the effectiveness of mandated child 
                        abuse and neglect reporters specific to 
                        lesbian, gay, bisexual, transgender, queer or 
                        questioning, nonbinary, and Two Spirit youth 
                        and families and the extent to which implicit 
                        bias or lack of cultural competency affect such 
                        mandated reporters;'';
                                    (III) in subparagraph (O), as so 
                                redesignated, by striking 
                                ``subparagraph (O)'' and inserting 
                                ``subparagraph (P)''; and
                                    (IV) in clause (ix) of subparagraph 
                                (P), as so redesignated, by inserting 
                                ``(including sexual orientation, gender 
                                identity, and gender expression)'' 
                                after ``sex''; and
                            (ii) in paragraph (2), by striking 
                        ``paragraph (1)(O)'' and inserting ``paragraph 
                        (1)(P)''; and
                    (B) in subsection (b), by inserting ``or lesbian, 
                gay, bisexual, transgender, queer or questioning, 
                nonbinary, and Two Spirit youth'' after ``children with 
                disabilities'';
            (2) in section 105(a)(1)(E) (42 U.S.C. 5106(a)(1)(E)), by 
        inserting ``and lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, and Two Spirit youth'' after ``children 
        with disabilities'';
            (3) in section 106(d)(1) (42 U.S.C. 5106a(d)(1)), by 
        inserting ``, disaggregated by demographic characteristics such 
        as age, sex (including sexual orientation, gender identity, and 
        gender expression), race, family structure, household 
        relationship, school enrollment and education attainment, 
        disability, caregivers, labor force status, work status in 
        previous year, and income in previous year'' before the period;
            (4) in section 107 (42 U.S.C. 5106c)--
                    (A) in subsection (a)--
                            (i) by redesignating paragraphs (3) and (4) 
                        as paragraphs (4) and (5), respectively; and
                            (ii) by inserting after paragraph (2) the 
                        following:
            ``(3) the assessment and investigation of cases involving 
        lesbian, gay, bisexual, transgender, queer or questioning, 
        nonbinary, and Two Spirit youth who are suspected victims of 
        child abuse or neglect;'';
                    (B) in subsection (b)(5), by striking ``paragraphs 
                (1) through (3)'' and inserting ``paragraphs (1) 
                through (4)''; and
                    (C) in subsection (c)(1)--
                            (i) by redesignating subparagraphs (G) 
                        through (J) as subparagraphs (H) through (K), 
                        respectively; and
                            (ii) by inserting after subparagraph (F) 
                        the following:
                    ``(G) individuals experienced in working with 
                lesbian, gay, bisexual, transgender, queer or 
                questioning, nonbinary, and Two Spirit youth and 
                families;'';
            (5) in section 201(b)(1)(G) (42 U.S.C. 5116(b)(1)(G)), by 
        inserting ``(including lesbian, gay, bisexual, transgender, 
        queer or questioning, nonbinary, and Two Spirit youth and 
        families)'' before the semicolon;
            (6) in section 202 (42 U.S.C. 5116a)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``and 
                        families with other vulnerable youth, including 
                        lesbian, gay, bisexual, transgender, queer or 
                        questioning, nonbinary, and Two Spirit youth'' 
                        before the semicolon; and
                            (ii) in subparagraph (B), by striking ``and 
                        public sector and private nonprofit sector 
                        service providers, and parents with 
                        disabilities'' and inserting ``public sector 
                        and private nonprofit sector service providers, 
                        parents with disabilities, and parents of other 
                        vulnerable youth, including lesbian, gay, 
                        bisexual, transgender, queer or questioning, 
                        nonbinary, and Two Spirit youth''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking ``; 
                        and'' and inserting a semicolon;
                            (ii) in subparagraph (D), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) will integrate its efforts with individuals 
                and organizations experienced in working in partnership 
                with families with vulnerable youth, including lesbian, 
                gay, bisexual, transgender, queer or questioning, 
                nonbinary, and Two Spirit youth, and with the child 
                abuse and neglect prevention activities of the State, 
                and demonstrate a financial commitment to those 
                activities.''; and
            (7) in section 206(4) (42 U.S.C. 5116f(4)), by striking 
        ``and parents with disabilities'' and inserting ``parents with 
        disabilities, and families with other vulnerable youth, 
        including lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, and Two Spirit youth''.

SEC. 3. GRANTS FOR MENTAL HEALTH SERVICES FOR LGBTQ+ YOUTH.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:

``SEC. 520N. GRANTS FOR MENTAL HEALTH SERVICES FOR LGBTQ+ YOUTH.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Mental Health and Substance Use (referred to in this 
section as the `Secretary'), shall establish a program under which the 
Secretary will award grants to eligible entities to assess and improve 
lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, 
and Two Spirit youth mental health and substance abuse outcomes.
    ``(b) Use of Funds.--An eligible entity receiving a grant under 
this section shall use funds received through such grant--
            ``(1) to provide mental and behavioral health resources for 
        lesbian, gay, bisexual, transgender, queer or questioning, 
        nonbinary, and Two Spirit youth, including trauma-informed 
        care;
            ``(2) to provide cultural competency training for 
        caregivers;
            ``(3) to develop and disseminate mental and behavioral 
        health best practices and toolkits for lesbian, gay, bisexual, 
        transgender, queer or questioning, nonbinary, and Two Spirit 
        youth, and their families and caregivers;
            ``(4) to develop and disseminate evidence-based practices 
        to be added to the Evidence-Based Practices Resource Center of 
        the Substance Abuse and Mental Health Administration;
            ``(5) to collect data with respect to the mental and 
        behavioral health of lesbian, gay, bisexual, transgender, queer 
        or questioning, nonbinary, and Two Spirit youth;
            ``(6) to issue school bullying prevention guidelines with 
        respect to lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, and Two Spirit youth;
            ``(7) to provide for the integration within school systems 
        of mental and behavioral health services for lesbian, gay, 
        bisexual, transgender, queer or questioning, nonbinary, and Two 
        Spirit youth;
            ``(8) to establish and implement mental and behavioral 
        patient navigator programs for lesbian, gay, bisexual, 
        transgender, queer or questioning, nonbinary, and Two Spirit 
        youth, and their families; and
            ``(9) to create and disseminate family acceptance and 
        support models for lesbian, gay, bisexual, transgender, queer 
        or questioning, nonbinary, and Two Spirit youth, and their 
        families and caregivers.
    ``(c) Limitation.--
            ``(1) In general.--An eligible entity selected to receive a 
        grant under this section shall agree, as a condition on 
        receiving the grant that such funds shall not be used--
                    ``(A) to provide conversion therapy to any 
                individual;
                    ``(B) to advertise for the provision of conversion 
                therapy and claim in such advertising--
                            ``(i) to change another individual's sexual 
                        orientation or gender identity;
                            ``(ii) to eliminate or reduce sexual or 
                        romantic attractions or feelings toward 
                        individuals of the same gender; or
                            ``(iii) that such efforts are harmless or 
                        without risk to individuals receiving such 
                        therapy;
                    ``(C) to knowingly assist or facilitate the 
                provision of conversion therapy to an individual if 
                such person receives compensation from any source in 
                connection with providing conversion therapy; or
                    ``(D) to promote or direct an individual to 
                conversion therapy resources or providers.
            ``(2) Conversion therapy defined.--In this subsection, 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--
                            ``(i) receives monetary compensation in 
                        exchange for such practice or treatment; or
                            ``(ii) instead of, or in addition to, 
                        receiving monetary compensation in exchange for 
                        such practice or treatment directly, receives 
                        monetary compensation in exchange for a product 
                        or service that is integral to the provision of 
                        such practice or treatment by such person, 
                        unless such product or service is protected by 
                        the First Amendment to the Constitution; 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.
    ``(d) Review of Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall review, and 
        update as necessary, the reports and publications listed on the 
        internet website of the Substance Abuse and Mental Health 
        Administration as of the date of the enactment of this section 
        that are focused on lesbian, gay, bisexual, transgender, queer 
        or questioning, nonbinary, and Two Spirit individuals.
            ``(2) Priority.--In reviewing reports and publications 
        under paragraph (1), the Secretary shall prioritize updating 
        older reports and commissioning new reports that fill 
        information gaps with respect to the mental and behavioral 
        health of lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, and Two Spirit individuals.
    ``(e) Federal Survey.--The Secretary shall develop and conduct a 
Federal survey measuring serious psychological distress, mental 
illness, mental health, and mental health care among lesbian, gay, 
bisexual, transgender, queer or questioning, nonbinary, and Two Spirit 
youth. In developing such survey, the Secretary may consider 
integrating such survey as an enhanced feature of the National Survey 
on Drug Use and Health.
    ``(f) Report.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Secretary shall, in 
        consultation with the Director of the National Institute of 
        Mental Health and the Assistant Secretary for the 
        Administration for Children and Families, commence a report on 
        mental health, mental health care, and cultural competency in 
        mental health care for lesbian, gay, bisexual, transgender, 
        queer or questioning, nonbinary, and Two Spirit youth in foster 
        care and who are beneficiaries of other social services 
        programs subject to Federal oversight.
            ``(2) Submission to congress.--Not later than 2 years after 
        the date of the enactment of this section, the Secretary shall 
        submit the report required under paragraph (1) to the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate.''.
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