[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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