[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7780 Reported in House (RH)]
<DOC>
Union Calendar No. 373
117th CONGRESS
2d Session
H. R. 7780
[Report No. 117-484]
To support the behavioral needs of students and youth, invest in the
school-based behavioral health workforce, and ensure access to mental
health and substance use disorder benefits.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2022
Mr. DeSaulnier (for himself and Mr. Scott of Virginia) introduced the
following bill; which was referred to the Committee on Education and
Labor
September 22, 2022
Additional sponsors: Mr. Sablan and Mrs. Cherfilus-McCormick
September 22, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 16,
2022]
_______________________________________________________________________
A BILL
To support the behavioral needs of students and youth, invest in the
school-based behavioral health workforce, and ensure access to mental
health and substance use disorder benefits.
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 Matters Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--EARLY CHILDHOOD MENTAL HEALTH ACT
Sec. 101. Short title.
Sec. 102. Identification of effective interventions in Head Start
programs.
Sec. 103. Implementing the interventions in Head Start programs.
Sec. 104. Evaluating implementation of interventions in Head Start
programs.
Sec. 105. Implementing the evaluation framework for Head Start
programs.
Sec. 106. Best Practice Centers.
Sec. 107. Funding.
TITLE II--BUILDING PIPELINE OF SCHOOL-BASED MENTAL HEALTH SERVICE
PROVIDERS ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Grant program to increase the number of school-based mental
health services providers serving in high-
need local educational agencies.
TITLE III--ELEMENTARY AND SECONDARY SCHOOL COUNSELING ACT
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Allotments to States and subgrants to local educational
agencies.
Sec. 304. Authorization of appropriations.
TITLE IV--SUPPORTING TRAUMA-INFORMED EDUCATION PRACTICES ACT
Sec. 401. Short title.
Sec. 402. Amendment to the SUPPORT for Patients and Communities Act.
TITLE V--RESPOND, INNOVATE, SUCCEED, AND EMPOWER ACT
Sec. 501. Short title.
Sec. 502. Perfecting amendment to the definition of disability.
Sec. 503. Supporting students with disabilities to succeed once
enrolled in college.
Sec. 504. Authorization of funds for the National Center for
Information and Technical Support for
Postsecondary Students With Disabilities.
Sec. 505. Inclusion of information on students with disabilities.
Sec. 506. Rule of construction.
TITLE VI--STRENGTHENING BEHAVIORAL HEALTH BENEFITS ACT
Sec. 601. Short title.
Sec. 602. Enforcement of Mental Health and Substance Use Disorder
Requirements.
TITLE VII--EMPLOYEE AND RETIREE ACCESS TO JUSTICE ACT
Sec. 701. Short title.
Sec. 702. Unenforceable arbitration clauses, class action waivers,
representation waivers, and discretionary
clauses.
Sec. 703. Prohibition on mandatory arbitration clauses, class action
waivers, representation waivers, and
discretionary clauses.
Sec. 704. Effective date.
TITLE I--EARLY CHILDHOOD MENTAL HEALTH ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Early Childhood Mental Health
Support Act''.
SEC. 102. IDENTIFICATION OF EFFECTIVE INTERVENTIONS IN HEAD START
PROGRAMS.
(a) Interventions That Improve Social-Emotional and Behavioral
Health of Children.--
(1) In general.--The Secretary of Health and Human Services
acting through the Assistant Secretary for the Administration
for Children and Families (in this section referred to as the
``Secretary'') shall identify and review interventions, best
practices, curricula, and staff trainings--
(A) that improve the behavioral health of children;
and
(B) that are evidence based.
(2) Focus.--In carrying out paragraph (1), the Secretary
shall focus on interventions, best practices, curricula, and
staff trainings that--
(A) can be delivered by a provider or other staff
member in or associated with a Head Start program or
Early Head Start center;
(B) are demonstrated to improve or support healthy
social, emotional, or cognitive development for
children in Head Start or Early Head Start programs,
with an empirical or theoretical relationship to later
mental health or substance abuse outcomes;
(C) involve changes to center-wide policies or
practices, or other services and supports offered in
conjunction with Head Start programs or Early Head
Start centers, including services provided to adults or
families (with or without a child present) for the
benefit of the children;
(D) demonstrate effectiveness across racial,
ethnic, and geographic populations or demonstrate the
capacity to be adapted to be effective across
populations;
(E) offer a tiered approach to addressing need,
including--
(i) universal interventions for all
children;
(ii) selected prevention for children
demonstrating increased need; and
(iii) indicated prevention for children
demonstrating substantial need;
(F) incorporate trauma-informed care approaches; or
(G) have a proven record of improving early
childhood and social emotional development.
(b) Interventions That Support Staff Wellness.--In carrying out
subsection (a), the Secretary shall identify and review interventions,
best practices, curricula, and staff trainings that support staff
wellness and self-care.
(c) Credentials.--In carrying out subsections (a) and (b), the
Secretary, in consultation with relevant experts, shall determine the
appropriate credentials for individuals who deliver the interventions,
best practices, curricula, and staff trainings identified by the
Secretary.
(d) Consultation; Public Input.--In carrying out this section, the
Secretary shall--
(1) consult with relevant agencies, experts, academics,
think tanks, and nonprofit organizations with expertise in
early childhood, mental health, and trauma-informed care,
including the National Institute of Mental Health, the
Administration for Children and Families, the Substance Abuse
and Mental Health Services Administration, the Institute of
Education Sciences, and the Centers for Disease Control and
Prevention; and
(2) solicit public input on--
(A) the design of the reviews under subsections (a)
and (b); and
(B) the findings and conclusions resulting from
such reviews.
(e) Timing.--The Secretary shall--
(1) complete the initial reviews required by subsections
(a) and (b) not later than 2 years after the date of enactment
of this Act; and
(2) update such reviews and the findings and conclusions
therefrom at least every 5 years.
(f) Reporting.--Not later than 1 year after the date of enactment
of this Act, and every 5 years thereafter, the Secretary shall submit a
report to the Congress on the results of implementing this section.
SEC. 103. IMPLEMENTING THE INTERVENTIONS IN HEAD START PROGRAMS.
(a) In General.--The Assistant Secretary for the Administration for
Children and Families shall award grants to participating Head Start
agencies to implement the interventions, best practices, curricula, and
staff trainings that are identified pursuant to section 102.
(b) Requirements.--The Assistant Secretary shall ensure that grants
awarded under this section are awarded to grantees representing a
diversity of geographic areas across the United States, including
urban, suburban, and rural areas.
SEC. 104. EVALUATING IMPLEMENTATION OF INTERVENTIONS IN HEAD START
PROGRAMS.
(a) In General.--The Secretary of Health and Human Services, acting
through the Assistant Secretary for Planning and Evaluation and in
coordination with the Assistant Secretary for the Administration for
Children and Families, shall--
(1) determine whether the interventions, best practices,
curricula, and staff trainings implemented pursuant to section
103--
(A) are effectively implemented pursuant to section
103 and other relevant provisions of law such that the
anticipated effect sizes of the interventions, best
practices, curricula, and staff trainings are achieved;
and
(B) yield long-term savings;
(2) develop a method for making the determination required
by paragraph (1);
(3) ensure that such method includes competency and testing
approaches, performance or outcome measures, or any other
methods deemed appropriate by the Assistant Secretary, taking
into consideration existing monitoring components of the Head
Start and Early Head Start programs; and
(4) solicit public input on the design, findings, and
conclusions of this process and shall consider whether updates
are necessary at least every 5 years.
(b) Process.--In carrying out subsection (a), the Secretary of
Health and Human Services shall--
(1) conduct any research and evaluation studies needed; and
(2) solicit public input on--
(A) the design of the method developed pursuant to
subsection (a)(2); and
(B) the resulting findings and conclusions.
(c) Timing.--The Secretary of Health and Human Services shall--
(1) develop the method required by subsection (a)(2) and
make the initial determination required by subsection (a)(1)
not later than 2 years after the date of enactment of this Act;
and
(2) update such method and determination at least every 5
years.
SEC. 105. IMPLEMENTING THE EVALUATION FRAMEWORK FOR HEAD START
PROGRAMS.
(a) Evaluation Method.--The Assistant Secretary for the
Administration for Children and Families shall implement the evaluation
method developed pursuant to section 104(a) in the Head Start program
as a voluntary mechanism for interested Head Start programs or Early
Head Start centers to evaluate the extent to which such programs or
centers have effectively implemented the interventions, best practices,
curricula, and staff trainings identified pursuant to section 102, with
minimal burden or disruption to programs and centers interested in
participating.
(b) Technical Assistance.--The Assistant Secretary for the
Administration for Children and Families shall provide guidance, tools,
resources, and technical assistance to grantees for implementing and
evaluating interventions, best practices, curricula, and staff
trainings identified pursuant to section 102 and optimizing the
performance of such grantees on the annual evaluations.
SEC. 106. BEST PRACTICE CENTERS.
The Assistant Secretary for the Administration for Children and
Families may fund up to 5 Best Practice Centers in Early Childhood
Training in universities and colleges to prepare future Head Start
agencies and staff able to deliver the interventions, best practices,
curricula, and staff trainings identified pursuant to section 102.
SEC. 107. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 for the period of fiscal years 2023 through
2032 for carrying out sections 103(b), 104, and 106.
(b) Availability of Appropriations.--Amounts authorized to be
appropriated by subsection (a) are authorized to remain available until
expended.
TITLE II--BUILDING PIPELINE OF SCHOOL-BASED MENTAL HEALTH SERVICE
PROVIDERS ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Building Pipeline of School-Based
Mental Health Service Providers Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Best practices.--The term ``best practices'' means a
technique or methodology that, through experience and research
related to professional practice in a school-based mental
health field, has proven to reliably lead to a desired result.
(2) Eligible institution.--The term ``eligible
institution'' means an institution of higher education that
offers a program of study that leads to a master's or other
graduate degree--
(A) in school psychology that prepares students in
such program for the State licensing or certification
examination in school psychology;
(B) in school counseling that prepares students in
such program for the State licensing or certification
examination in school counseling;
(C) in school social work that prepares students in
such program for the State licensing or certification
examination in school social work;
(D) in another school-based mental health field
that prepares students in such program for the State
licensing or certification examination in such field,
if applicable; or
(E) in any combination of study described in
subparagraphs (A) through (D).
(3) Eligible partnership.--The term ``eligible
partnership'' means--
(A) a partnership between 1 or more high-need local
educational agencies and 1 or more eligible
institutions; or
(B) in any region in which local educational
agencies may not have a sufficient elementary school
and secondary school student population to support the
placement of all participating graduate students, a
partnership between a State educational agency, on
behalf of 1 or more high-need local educational
agencies, and 1 or more eligible institutions.
(4) High-need local educational agency.--The term ``high-
need local educational agency'' means a local educational
agency that--
(A) is described in section 200(10) of the Higher
Education Act of 1965 (20 U.S.C. 1021(10)); and
(B) as of the date of application for a grant under
this title, has ratios of school counselors, school
social workers, and school psychologists to students
served by the agency that are not more than 1 school
counselor per 250 students, not more than 1 school
psychologist per 500 students, and not more than 1
school social worker per 250 students.
(5) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Homeless children and youths.--The term ``homeless
children and youths'' has the meaning given such term in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).
(7) Indian tribe; tribal organization.--In this section the
terms ``Indian tribe'' and ``tribal organization'' have the
meanings given those terms in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)).
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(9) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means, as defined in section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), a
Hispanic-serving institution, an Alaska Native-serving
institution or a Native Hawaiian-serving institution, a
Predominantly Black Institution, an Asian American and Native
American Pacific Islander-serving institution, or a Native
American-serving nontribal institution.
(11) Outlying area.--The term ``outlying area'' has the
meaning given the term in section 8101(36)(A) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801(36)(A)).
(12) Participating eligible institution.--The term
``participating eligible institution'' means an eligible
institution that is part of an eligible partnership awarded a
grant under section 203.
(13) Participating graduate.--The term ``participating
graduate'' means an individual who--
(A) has received a master's or other graduate
degree in a school-based mental health field from a
participating eligible institution and has obtained a
State license or credential in the school-based mental
health field; and
(B) as a graduate student pursuing a career in a
school-based mental health field, was placed in a
school served by a participating high-need local
educational agency to complete required field work,
credit hours, internships, or related training as
applicable.
(14) Participating high-need local educational agency.--The
term ``participating high-need local educational agency'' means
a high-need local educational agency that is part of an
eligible partnership awarded a grant under section 203.
(15) School-based mental health field.--The term ``school-
based mental health field'' means each of the following fields:
(A) School counseling.
(B) School social work.
(C) School psychology.
(D) Any other field of study that leads to
employment as a school-based mental health services
provider.
(16) School-based mental health services provider.--The
term ``school-based mental health services provider'' has the
meaning given the term in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112).
(17) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(18) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(19) Student support personnel target ratios.--The term
``student support personnel target ratios'' means the ratios of
school-based mental health services providers to students
recommended to enable such personnel to effectively address the
needs of students, including--
(A) at least 1 school counselor for every 250
students (as recommended by the American School
Counselor Association and American Counseling
Association);
(B) at least 1 school psychologist for every 500
students (as recommended by the National Association of
School Psychologists); and
(C) at least 1 school social worker for every 250
students (as recommended by the School Social Work
Association of America).
(20) Tribally controlled college or university.--The term
``tribally controlled college or university'' has the meaning
given such term in section 2 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1801).
(21) Unaccompanied youth.--The term ``unaccompanied youth''
has the meaning given such term in section 725 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11434a).
SEC. 203. GRANT PROGRAM TO INCREASE THE NUMBER OF SCHOOL-BASED MENTAL
HEALTH SERVICES PROVIDERS SERVING IN HIGH-NEED LOCAL
EDUCATIONAL AGENCIES.
(a) Authorization of Grants.--
(1) Grant program authorized.--From amounts made available
to carry out this section, the Secretary shall award grants, on
a competitive basis, to eligible partnerships, to enable the
eligible partnerships to carry out pipeline programs to
increase the number of school-based mental health services
providers employed by high-need local educational agencies by
carrying out any of the activities described in subsection (e).
(2) Reservations.--From the total amount appropriated under
subsection (j) for a fiscal year, the Secretary shall reserve--
(A) one-half of 1 percent for the Secretary of the
Interior to carry out programs under this title in
schools operated or funded by the Bureau of Indian
Education, Indian tribes and tribal organizations, or a
consortium of Indian tribes and tribal organizations;
(B) one-half of 1 percent for allotments to
outlying areas based on the relative need of each such
area with respect to mental health services in schools,
as determined by the Secretary in accordance with the
purpose of this title;
(C) not more than 3 percent to conduct the
evaluations under subsection (h); and
(D) not more than 2 percent for the administration
of the program under this title and to provide
technical assistance relating to such program.
(b) Grant Period.--A grant awarded under this section shall be for
a 5-year period and may be renewed for additional 5-year periods upon a
showing of adequate progress, as determined by the Secretary.
(c) Application.--To be eligible to receive a grant under this
section, an eligible partnership shall submit to the Secretary a grant
application at such time, in such manner, and containing such
information as the Secretary may require. At a minimum, such
application shall include--
(1) an assessment of the existing (as of the date of
application) ratios of school-based mental health services
providers (in the aggregate and disaggregated by profession) to
students enrolled in schools in each high-need local
educational agency that is part of the eligible partnership;
and
(2) a detailed description of--
(A) a plan to carry out a pipeline program to
train, place, and retain school-based mental health
services providers in high-need local educational
agencies; and
(B) the proposed allocation and use of grant funds
to carry out activities described in subsection (e).
(d) Award Basis.--In awarding grants under this section, the
Secretary shall--
(1) ensure that to the extent practicable, grants are
distributed among eligible entities that will serve
geographically diverse areas; and
(2) give priority to eligible partnerships that--
(A) propose to use the grant funds to carry out the
activities described under paragraphs (1) through (3)
of subsection (e) in schools that have higher numbers
or percentages of low-income students (determined using
any of the measures of poverty described in section
1113(a)(5) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(a)(5))), in comparison to
other schools that are served by the high-need local
educational agency that is part of the eligible
partnership;
(B) include 1 or more high-need local educational
agencies that have fewer school-based mental health
services providers, in the aggregate or for a
particular school-based mental health field, per
student than other eligible partnerships that have
submitted a grant application under subsection (c);
(C) include 1 or more eligible institutions of
higher education which are a historically Black college
or university, a minority-serving institution, or a
tribally controlled college or university;
(D) propose to collaborate with other institutions
of higher education with similar programs, including
sharing facilities, faculty members, and administrative
costs; and
(E) propose to use grant funds to increase the
diversity of school-based mental health services
providers.
(e) Use of Grant Funds.--Grant funds awarded under this section may
be used--
(1) to pay the administrative costs (including supplies,
office and classroom space, supervision, mentoring, and
transportation stipends as necessary and appropriate) related
to--
(A) having graduate students of programs in school-
based mental health fields placed in schools served by
participating high-need local educational agencies to
complete required field work, credit hours,
internships, or related training as applicable for the
degree, license, or credential program of each such
student; and
(B) offering required graduate coursework for
students of a graduate program in a school-based mental
health services field on the site of a participating
high-need local educational agency;
(2) for not more than the first 3 years after a
participating graduate receives a master's or other graduate
degree from a program in a school-based mental health field, or
obtains a State license or credential in a school-based mental
health field, to hire and pay all or part of the salary of the
participating graduates working as a school-based mental health
services provider in a school served by a participating high-
need local educational agency;
(3) to increase the number of school-based mental health
services providers per student in schools served by
participating high-need local educational agencies, in order to
meet the student support personnel target ratios;
(4) to recruit, hire, and retain culturally or
linguistically under-represented graduate students of programs
in school-based mental health fields for placement in schools
served by participating high-need local educational agencies;
(5) to develop coursework that will--
(A) encourage a commitment by graduate students in
school-based mental health fields to work for high-need
local educational agencies;
(B) give participating graduates the knowledge and
skill sets necessary to meet the needs of--
(i) students and families served by high-
need local educational agencies;
(ii) students at risk of not meeting State
academic standards;
(iii) students who--
(I) are English learners (as
defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
(II) are migratory children (as
defined in section 1309 of such Act (20
U.S.C. 6399));
(III) have a parent or caregiver
who is a member of the armed forces,
including the National Guard, who has
been deployed or returned from
deployment;
(IV) are LGBTQ+, including students
who are lesbian, gay, bisexual,
transgender, queer or questioning,
nonbinary, or Two-Spirit;
(V) are homeless children and
youth, including unaccompanied youth;
(VI) have come into contact with
the juvenile justice system or adult
criminal justice system, including
students currently or previously held
in juvenile detention facilities or
adult jails and students currently or
previously held in juvenile
correctional facilities or adult
prisons;
(VII) are a child with a disability
(as defined in section 8101 of the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
(VIII) have been a victim to, or
witnessed, domestic violence or
violence in their community;
(IX) have been exposed to substance
misuse at home or in the community;
(X) are in foster care, are aging
out of foster care, or were formerly in
foster care; or
(XI) have been a victim to or
witnessed trafficking in persons; and
(iv) teachers, administrators, and other
staff who work for high-need local educational
agencies; and
(C) utilize best practices determined by the
American School Counselor Association, National
Association of Social Workers, School Social Work
Association of America, and National Association of
School Psychologists and other relevant organizations;
(6) to provide tuition credits to graduate students
participating in the pipeline program supported under the
grant;
(7) to fund high-quality ``Grow Your Own'' teacher
preparation programs that provide pathways to State licensure
or certification as a school psychologist, school counselor,
school social worker, or other school-based mental services
provider to recruit and prepare local community members, career
changers, paraprofessionals, after-school program staff, and
others currently working in schools to become school-based
mental health services providers;
(8) to cover the costs of licensure and preparation for
required licensure exams; and
(9) for similar activities to fulfill the purpose of this
title, as the Secretary determines appropriate.
(f) Supplement Not Supplant.--Funds made available under this
section shall be used to supplement, not supplant, other Federal,
State, or local funds available for the activities described in
subsection (e).
(g) Reporting Requirements.--
(1) In general.--Each eligible partnership that receives a
grant under this section shall prepare and submit to the
Secretary an annual report on the progress of the eligible
partnership in carrying out the grant. Such report shall
contain such information as the Secretary may require,
including, at a minimum, a description of--
(A) actual service delivery provided through the
grant funds, including--
(i) descriptive information on the
participating eligible institution, the
educational model used, and the actual academic
program performance;
(ii) characteristics of graduate students
participating in the pipeline program supported
under the grant, including--
(I) performance on any examinations
required by the State for credentialing
or licensing;
(II) demographic characteristics;
and
(III) graduate student retention
rates;
(iii) characteristics of students of the
participating high-need local educational
agency, including performance on any tests
required by the State educational agency,
demographic characteristics, and graduation
rates, as appropriate;
(iv) an estimate of the annual
implementation costs of the pipeline program
supported under the grant; and
(v) the number of public elementary and
secondary school students, public elementary
and secondary schools, graduate students, and
institutions of higher education participating
in the pipeline program supported under the
grant;
(B) outcomes that are consistent with the purpose
of the grant program under this title, including--
(i) internship and post-graduation
placement of the participating graduate
students;
(ii) graduation and professional career
readiness indicators; and
(iii) characteristics of the participating
high-need local educational agency, including
with respect to fully certified and effective
teachers and school-based mental health
services providers employed by such agency--
(I) changes in the rate of hiring
and retention of such teachers and
providers (in the aggregate and
disaggregated by each such profession);
and
(II) the demographics, including
the race, ethnicity, and gender, of
such teachers and providers.
(C) the instruction, materials, and activities
being funded under the grant; and
(D) the effectiveness of any training and ongoing
professional development provided--
(i) to students and faculty in the
appropriate departments or schools of the
participating eligible institution; and
(ii) to the teachers, paraprofessionals,
school leaders, school-based mental health
services providers, and other specialized
instructional support personnel of the
participating high-need local educational
agency.
(2) Publication.--The Secretary shall publish the annual
reports submitted under paragraph (1) on the website of the
Department of Education.
(h) Evaluation.--
(1) Interim evaluations.--The Secretary may conduct interim
evaluations to determine whether each eligible partnership
receiving a grant under this section is making adequate
progress as the Secretary considers appropriate. The contents
of the annual report submitted to the Secretary under
subsection (g) may be used by the Secretary to determine
whether an eligible partnership receiving a grant is
demonstrating adequate progress.
(2) Final evaluation.--The Secretary shall conduct a final
evaluation to--
(A) determine the effectiveness of the grant
program in carrying out the purpose of this title; and
(B) compare the relative effectiveness of each of
the various activities described in subsection (e) for
which grant funds may be used.
(i) Report.--Not earlier than 5 years, nor later than 6 years,
after the date of enactment of this Act, the Secretary shall submit to
the Congress a report containing--
(1) the findings of the final evaluation conducted under
subsection (h)(2); and
(2) such recommendations as the Secretary considers
appropriate.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for fiscal year
2023 and each succeeding fiscal year.
TITLE III--ELEMENTARY AND SECONDARY SCHOOL COUNSELING ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Elementary and Secondary School
Counseling Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) ESEA definitions.--The terms ``elementary school'',
``local educational agency'', and ``secondary school'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) High-need school.--The term ``high-need school'' has
the meaning given the term in section 2211(b) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6631(b)).
(3) Indian tribe; tribal organization.--The terms ``Indian
tribe'' and ``tribal organization'' have the meanings given
those terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
(4) Outlying area.--The term ``outlying area'' means an
outlying area specified in section 8101(36)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(36)(A)).
(5) School-based mental health services provider.--The term
``school-based mental health services provider'' has the
meaning given the term in section 4102 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7112).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(7) State.--The term ``State'' means each of the 50 States,
the District of Columbia, and Puerto Rico.
SEC. 303. ALLOTMENTS TO STATES AND SUBGRANTS TO LOCAL EDUCATIONAL
AGENCIES.
(a) Program Authorized.--The Secretary shall carry out a program
under which the Secretary makes allotments to States, in accordance
with subsection (c), to enable the States to award subgrants to local
educational agencies in order to increase access to school-based mental
health services providers at high-need schools served by the local
educational agencies.
(b) Reservations.--From the total amount made available under
section 304 for a fiscal year, the Secretary shall reserve--
(1) one-half of 1 percent for the Secretary of the Interior
for programs under this title in schools operated or funded by
the Bureau of Indian Education, Indian tribes and tribal
organizations, or consortia of Indian tribes and tribal
organizations;
(2) one-half of 1 percent for allotments for the outlying
areas to be distributed among those outlying areas on the basis
of their relative need, as determined by the Secretary, in
accordance with the purpose of this title; and
(3) not more than 2 percent for the administration of the
program under this title and to provide technical assistance
relating to such program.
(c) Allotments to States.--
(1) In general.--
(A) Formula.--From the total amount made available
under section 304 for a fiscal year and not reserved
under subsection (b), the Secretary shall allot to each
State that submits a true and complete application
under paragraph (3) (as determined by the Secretary) an
amount that bears the same relationship to such total
amount as the amount received under part A of title I
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311 et seq.) by such State for such fiscal
year bears to the amount received under such part for
such fiscal year by all States that submit such
applications.
(B) Small state minimum.--No State receiving an
allotment under this paragraph shall receive less than
one-half of 1 percent of the total amount allotted
under this paragraph.
(2) Matching requirements.--In order to receive an
allotment under paragraph (1), a State shall agree to provide
matching funds, in an amount equal to 20 percent of the amount
of the allotment, toward the costs of the activities carried
out with the allotment.
(3) Application.--A State desiring an allotment under
paragraph (1) shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require. Each application shall include, at a
minimum--
(A) an assurance that the State will use the
allotment only for the purposes specified in subsection
(d)(1);
(B) a description of how the State will award
subgrants to local educational agencies under such
subsection;
(C) a description of how the State will
disseminate, in a timely manner, information regarding
the subgrants and the application process for such
subgrants to local educational agencies; and
(D) the ratios, as of the date of application, of
students to school-based mental health services
providers in each public elementary school and
secondary school in the State, in the aggregate and
disaggregated to include--
(i) the ratios of students to school
counselors, school psychologists, and school
social workers; and
(ii) as applicable, the ratios of students
to other school-based mental health services
providers not described in clause (i), in the
aggregate and disaggregated by type of
provider.
(4) Duration.--An allotment to a State under paragraph (1)
shall be for a 5-year period and may be renewed for additional
5-year periods upon a showing of adequate progress on meeting
the goals of the program under this title, as determined by the
Secretary.
(d) Subgrants to Local Educational Agencies.--
(1) In general.--A State receiving an allotment under
subsection (c) shall use the allotment to award subgrants, on a
competitive basis, to local educational agencies in the State,
to enable the local educational agencies to--
(A) recruit and retain school-based mental health
services providers to work at high-need schools served
by the local educational agency; and
(B) work toward effectively staffing the high-need
schools of the local educational agency with school-
based mental health services providers, including by
meeting the recommended maximum ratios of--
(i) 250 students per school counselor;
(ii) 500 students per school psychologist;
and
(iii) 250 students per school social
worker.
(2) Priority.--In awarding subgrants under this subsection,
the State shall give priority to local educational agencies
that serve a significant number of high-need schools.
(3) Application.--A local educational agency desiring a
subgrant under this subsection shall submit an application to
the State at such time, in such manner, and containing such
information as the State may require, including information on
how the local educational agency will prioritize assisting
high-need schools with the largest numbers or percentages of
students from low-income families (as counted under section
1124(c) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6333(c))).
(e) Allotment and Subgrant Requirements.--
(1) Supplement, not supplant.--Amounts received from an
allotment under subsection (c) or a subgrant under subsection
(d) shall supplement, and not supplant, any other funds
available to a State or local educational agency for school-
based mental health services.
(2) Combining funds allowed.--A local educational agency
receiving a subgrant under subsection (d) may combine such
subgrant with State or local funds to carry out the activities
described in subsection (d)(1).
(f) Reports.--
(1) Local educational agencies.--A local educational agency
that receives a subgrant under subsection (d) shall submit an
annual report to the State on the activities carried out with
the subgrant funds. Each such report shall--
(A) describe the activities carried out using
subgrant funds;
(B) enumerate the number of school-based mental
health services providers (in the aggregate and
disaggregated by profession) who--
(i) were employed by or otherwise served in
high-need public elementary and secondary
schools under the jurisdiction of the local
educational agency over the year covered by the
report; and
(ii) were supported with funds from the
subgrant or matching funds during such year;
and
(C) include the most recent student to provider
ratios, in the aggregate and disaggregated as provided
in subsection (c)(3)(D), for high-need schools under
the jurisdiction of the local educational agency that
were supported with the subgrant or matching funds.
(2) State.--A State receiving an allotment under subsection
(c) shall annually prepare and submit a report to the Secretary
that--
(A) evaluates the progress made in achieving the
purposes of the program under this title;
(B) includes the most recent student to provider
ratios, in the aggregate and disaggregated as provided
in subsection (c)(3)(D), for high-need schools in the
State that were assisted with subgrants under
subsection (d); and
(C) describes any other resources needed to meet
the required recommended maximum student to school-
based mental health services provider ratios.
(3) Public availability.--The Secretary shall make all
reports submitted under this subsection available to the
public, including through the website of the Department.
SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title--
(1) $5,000,000,000 for fiscal year 2023; and
(2) such sums as may be necessary for each succeeding
fiscal year.
TITLE IV--SUPPORTING TRAUMA-INFORMED EDUCATION PRACTICES ACT
SECTION 401. SHORT TITLE.
This title may be cited as the ``Supporting Trauma-Informed
Education Practices Act''.
SEC. 402. AMENDMENT TO THE SUPPORT FOR PATIENTS AND COMMUNITIES ACT.
Section 7134 of the SUPPORT for Patients and Communities Act (42
U.S.C. 280h-7) is amended to read as follows:
``SEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND MENTAL
HEALTH CARE FOR CHILDREN AND YOUTH IN EDUCATIONAL
SETTINGS.
``(a) Authorization of Grants.--
``(1) Grants, contracts, and cooperative agreements
authorized.--The Secretary, in coordination with the Secretary
of Health and Human Services, is authorized to award grants to,
or enter into contracts or cooperative agreements with, an
eligible entity for the purpose of increasing student, teacher,
school leader, and other school personnel access to evidence-
based trauma support services and mental health services by
developing innovative initiatives, activities, or programs to
connect schools and local educational agencies, or tribal
educational agencies, as applicable, with community trauma-
informed support and mental health systems, including such
systems under the Indian Health Service.
``(2) Reservations.--From the total amount appropriated
under subsection (l) for a fiscal year, the Secretary shall
reserve--
``(A) not more than 3 percent to conduct the
evaluation under subsection (f); and
``(B) not more than 2 percent for technical
assistance and administration.
``(b) Duration.--With respect to a grant, contract, or cooperative
agreement awarded or entered into under this section, the period during
which payments under such grant, contract or agreement are made to the
recipient may not exceed 5 years.
``(c) Use of Funds.--An eligible entity that receives or enters
into a grant, contract, or cooperative agreement under this section
shall use amounts made available through such grant, contract, or
cooperative agreement for evidence-based initiatives, activities, or
programs, which shall include at least 1 of the following:
``(1) Enhancing, improving, or developing collaborative
efforts between schools, local educational agencies or tribal
educational agencies, as applicable, and community mental
health and trauma-informed service delivery systems to provide,
develop, or improve prevention, referral, treatment, and
support services to students.
``(2) Implementing trauma-informed models of support,
including trauma-informed, positive behavioral interventions
and supports in schools served by the eligible entity.
``(3) Providing professional development to teachers,
paraprofessionals, school leaders, school-based mental health
services providers, and other specialized instructional support
personnel employed by local educational agencies or tribal
educational agencies, as applicable or schools served by the
eligible entity that--
``(A) fosters safe and stable learning environments
that prevent and mitigate the effects of trauma,
including through social and emotional learning;
``(B) improves school capacity to identify, refer,
and provide services to students in need of trauma-
informed support or mental health services, including
by helping educators to identify the unique personal
and contextual variables that influence the
manifestation of trauma; and
``(C) reflects the best practices for trauma-
informed identification, referral, and support
developed by the Interagency Task Force on Trauma-
Informed Care (as established by section 7132).
``(4) Providing trauma-informed support services and mental
health services to students at full-service community schools
served by the eligible entity.
``(5) Engaging families and communities to increase
awareness of child trauma, which may include sharing best
practices with law enforcement regarding trauma-informed
services and working with mental health professionals to
provide interventions and longer term coordinated care within
the community for children and youth who have experienced
trauma and the families of such children and youth.
``(6) Evaluating the effectiveness of the initiatives,
activities, or programs carried out under this section in
increasing student access to evidence-based trauma support
services and mental health services.
``(7) Establishing partnerships with or providing subgrants
to early childhood education programs or other eligible
entities, to include such entities in the evidence-based
trauma-informed or mental health initiatives, activities, and
support services established under this section in order to
provide, develop, or improve prevention, referral, treatment,
and support services to children and their families.
``(8) Establishing new, or enhancing existing, evidence-
based educational, awareness, and prevention programs to
improve mental health and resiliency among teachers,
paraprofessionals, school leaders, school-based mental health
services providers, and other specialized instructional support
personnel employed by local educational agencies or tribal
educational agencies, as applicable, or schools served by the
eligible entity.
``(d) Applications.--To be eligible to receive a grant, contract,
or cooperative agreement under this section, an eligible entity shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require, which shall include the following:
``(1) A description of the innovative initiatives,
activities, or programs to be funded under the grant, contract,
or cooperative agreement, including how such initiatives,
activities, or programs will increase access to evidence-based
trauma-informed support services and mental health services for
students, and, as applicable, the families of such students.
``(2) A description of how the initiatives, activities, or
programs will provide linguistically appropriate and culturally
competent services.
``(3) A description of how the initiatives, activities, or
programs will support schools served by the eligible entity in
improving school climate in order to support an environment
conducive to learning.
``(4) An assurance that--
``(A) persons providing services under the
initiative, activity, or program funded by the grant,
contract, or cooperative agreement are fully licensed
or certified to provide such services;
``(B) teachers, school leaders, administrators,
school-based mental health services providers and other
specialized instructional support personnel,
representatives of local Indian Tribes or tribal
organizations as appropriate, other school personnel,
individuals who have experience receiving mental health
services as children, and parents of students
participating in services under this section will be
engaged and involved in the design and implementation
of the services; and
``(C) the eligible entity will comply with the
evaluation required under subsection (f).
``(5) A description of how the eligible entity will support
and integrate existing school-based services at schools served
by the eligible entity with the initiatives, activities, or
programs funded under this section in order to provide trauma-
informed support services or mental health services for
students, as appropriate.
``(6) A description of how the eligible entity will
incorporate peer support services into the initiatives,
activities, or programs to be funded under this section.
``(7) A description of how the eligible entity will ensure
that initiatives, activities, or programs funded under this
section are accessible to and include students with
disabilities.
``(8) An assurance that the eligible entity will establish
a local interagency agreement under subsection (e) and comply
with such agreement.
``(e) Interagency Agreements.--
``(1) Local interagency agreements.--In carrying out an
evidence-based initiative, activity, or program described in
subsection (c), an eligible entity that receives a grant,
contract, or cooperative agreement under this section, or a
designee of such entity, shall establish an interagency
agreement between local educational agencies, agencies
responsible for early childhood education programs, Head Start
agencies (including Early Head Start agencies), juvenile
justice authorities, mental health agencies, child welfare
agencies, and other relevant agencies, authorities, or entities
in the community that will be involved in the provision of
services under such initiative, activity, or program.
``(2) Contents.--The local interagency agreement required
under paragraph (1) shall specify, with respect to each agency,
authority, or entity that is a party to such agreement--
``(A) the financial responsibility for any services
provided by such entity;
``(B) the conditions and terms of responsibility
for such any services, including quality,
accountability, and coordination of the services; and
``(C) the conditions and terms of reimbursement of
such agencies, authorities, or entities, including
procedures for dispute resolution.
``(f) Evaluation.--The Secretary shall conduct a rigorous and
independent evaluation of the initiatives, activities, and programs
carried out by an eligible entity under this section and disseminate
evidence-based practices regarding trauma-informed support services and
mental health services.
``(g) Distribution of Awards.--The Secretary shall ensure that
grants, contracts, and cooperative agreements awarded or entered into
under this section are equitably distributed among the geographical
regions of the United States and among tribal, urban, suburban, and
rural populations.
``(h) Rule of Construction.--Nothing in this section shall be
construed--
``(1) to prohibit an entity involved with an initiative,
activity, or program carried out under this section from
reporting a crime that is committed by a student to appropriate
authorities; or
``(2) to prevent Federal, State, local, and tribal law
enforcement and judicial authorities from exercising their
responsibilities with regard to the application of Federal,
State, local, and tribal law to crimes committed by a student.
``(i) Supplement, Not Supplant.--Federal funds provided under this
section shall be used to supplement, and not supplant, other Federal,
State, or local funds available to carry out the initiatives,
activities, and programs described in this section.
``(j) Consultation Required.--In awarding or entering into grants,
contracts, and cooperative agreements under this section, the Secretary
shall, in a timely manner, meaningfully consult with Indian Tribes,
Regional Corporations, Native Hawaiian Educational Organizations, and
their representatives to ensure notice of eligibility.
``(k) Definitions.--In this section:
``(1) Early childhood education program.--The term `early
childhood education program' has the meaning given such term in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State educational agency;
``(B) a local educational agency;
``(C) an Indian Tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act) or their tribal educational agency;
``(D) the Bureau of Indian Education;
``(E) a Regional Corporation;
``(F) a Native Hawaiian educational organization;
and
``(G) State, Territory, and Tribal Lead Agencies
administering the Child Care and Development Fund as
described in section 658D(a) of the Child Care and
Development Block Grant Act (42 U.S.C. 9858b(a)).
``(3) ESEA terms.--
``(A) The terms `elementary school', `evidence-
based', `local educational agency', `paraprofessional',
`parent', `professional development', `school leader',
`secondary school', `Secretary', `specialized
instructional support personnel', and `State
educational agency' have the meanings given such terms
in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(B) The term `full-service community school' has
the meaning given such term in section 4622 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7272).
``(C) The term `Native Hawaiian educational
organization' has the meaning given such term in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517).
``(D) The term `school-based mental health services
provider' has the meaning given the term in section
4102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7112).
``(4) Regional corporation.--The term `Regional
Corporation' has the meaning given the term in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).
``(5) School.--The term `school' means a public elementary
school or public secondary school.
``(l) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $50,000,000 for each of fiscal
years 2023 through 2027.''.
TITLE V--RESPOND, INNOVATE, SUCCEED, AND EMPOWER ACT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Respond, Innovate, Succeed, and
Empower Act'' or the ``RISE Act''.
SEC. 502. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.
Section 103(6) of the Higher Education Act of 1965 (20 U.S.C.
1003(6)) is amended by striking ``section 3(2)'' and inserting
``section 3''.
SEC. 503. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE
ENROLLED IN COLLEGE.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is amended by adding at the end the following:
``(30)(A) The institution will carry out the following:
``(i) Adopt policies that make any of the following
documentation submitted by an individual sufficient to
establish that such individual is an individual with a
disability:
``(I) Documentation that the individual has
had an individualized education program (IEP)
in accordance with section 614(d) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)), including an IEP that may not
be current on the date of the determination
that the individual has a disability. The
institution may ask for additional
documentation from an individual who had an IEP
but who was subsequently evaluated and
determined to be ineligible for services under
the Individuals with Disabilities Education
Act, including an individual determined to be
ineligible during elementary school.
``(II) Documentation describing services or
accommodations provided to the individual
pursuant to section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) (commonly referred
to as a `Section 504 plan').
``(III) A plan or record of service for the
individual from a private school, a local
educational agency, a State educational agency,
or an institution of higher education provided
in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
``(IV) A record or evaluation from a
relevant licensed professional finding that the
individual has a disability.
``(V) A plan or record of disability from
another institution of higher education.
``(VI) Documentation of a disability due to
service in the uniformed services, as defined
in section 484C(a).
``(ii) Adopt policies that are transparent and
explicit regarding information about the process by
which the institution determines eligibility for
accommodations.
``(iii) Disseminate such information to students,
parents, and faculty in an accessible format, including
during any student orientation and making such
information readily available on a public website of
the institution.
``(B) Nothing in this paragraph shall be construed to
preclude an institution from establishing less burdensome
criteria than that described in subparagraph (A) to establish
an individual as an individual with a disability and therefore
eligible for accommodations.''.
SEC. 504. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR
INFORMATION AND TECHNICAL SUPPORT FOR POSTSECONDARY
STUDENTS WITH DISABILITIES.
Section 777(a) of the Higher Education Act of 1965 (20 U.S.C.
1140q(a)) is amended--
(1) in paragraph (1), by striking ``From amounts
appropriated under section 778,'' and inserting ``From amounts
appropriated under paragraph (5),''; and
(2) by adding at the end the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $2,000,000 for
each of fiscal years 2023 through 2027.''.
SEC. 505. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by section 503, is further amended by adding at
the end the following:
``(31) The institution will submit, for inclusion in the
Integrated Postsecondary Education Data System (IPEDS) or any
other Federal postsecondary institution data collection effort,
key data related to undergraduate students enrolled at the
institution who are formally registered as students with
disabilities with the institution's office of disability
services (or the equivalent office), including the total number
of students with disabilities enrolled, the number of students
accessing or receiving accommodations, the percentage of
students with disabilities of all undergraduate students, and
the total number of undergraduate certificates or degrees
awarded to students with disabilities. An institution shall not
be required to submit the information described in the
preceding sentence if the number of such students would reveal
personally identifiable information about an individual
student.''.
SEC. 506. RULE OF CONSTRUCTION.
None of the amendments made by this title shall be construed to
affect the meaning of the terms ``reasonable accommodation'' or
``record of impairment'' under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) or the rights or remedies provided under
such Act.
TITLE VI--STRENGTHENING BEHAVIORAL HEALTH BENEFITS ACT
SECTION 601. SHORT TITLE.
This title may be cited as the ``Strengthening Behavioral Health
Benefits Act''.
SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER
REQUIREMENTS.
(a) In General.--Section 502(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(a)) is amended--
(1) in paragraph (10), by striking ``or'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(12) in any case relating to the provision of mental
health benefits and substance use disorder benefits under a
group health plan or under group health insurance coverage
offered by a health insurance issuer in connection with a group
health plan (as such terms are defined in section 733), by the
Secretary, or by a participant, beneficiary, or fiduciary, to
enforce any provision of this title or the terms of the plan or
coverage relating to such benefits against a group health plan,
a health insurance issuer, a fiduciary of a plan, or any other
person that contracts with a group health plan to provide group
health insurance coverage or assistance in the administration
of a group health plan (including a third party administrator,
managed behavioral health organization, and a pharmacy benefit
manager), if such person participates in or conceals a
violation of any requirement of part 7 relating to such
benefits or a wrongful denial of a claim for mental health
benefits or substance use disorder benefits under the terms of
the plan or coverage, to obtain appropriate relief, in addition
to any other relief otherwise available under this section,
including--
``(A) to recover all losses to participants and
beneficiaries;
``(B) to reform impermissible plan or coverage
terms and policies (as written or in operation) in
accordance with the requirements of this title and its
implementing regulations; or
``(C) to ensure the readjudication of claims and
payment of benefits in accordance with the plan or
coverage terms without any impermissible limitation,
plan or coverage term, or policy.''.
(b) Clarification of General Enforcement Authorities.--
(1) Actions brought by a participant, beneficiary, or
fiduciary.--Section 502(a)(3) of such Act (29 U.S.C.
1132(a)(3)) is amended--
(A) by striking ``or (B)'' and inserting ``(B)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (C) to require re-adjudication
and payment of benefits to remedy violations of this
title notwithstanding the availability of relief under
other provisions of this title''.
(2) Actions brought by the secretary.--Section 502(a)(5) of
such Act (29 U.S.C. 1132(a)(5)) is amended--
(A) by striking ``or (B)'' and inserting ``(B)'';
and
(B) by inserting before the semicolon at the end
the following: ``, or (C) to require re-adjudication
and payment of benefits to remedy violations of this
title notwithstanding the availability of relief under
other provisions of this title''.
(c) Exception to the General Prohibition on Enforcement.--Section
502(b)(3) of such Act (29 U.S.C. 1132(b)(3)) is amended--
(1) by inserting ``, and except with respect to enforcement
by the Secretary of section 712 or any other provision of part
7 in any case relating to mental health benefits and substance
use disorder benefits'' after ``under subsection (c)(9))''; and
(2) by striking ``706(a)(1)'' and inserting ``733(a)(1)''.
(d) Definitions.--Part 7 of title I of such Act (29 U.S.C. 1181 et
seq.) is amended--
(1) in section 712(e), in the matter preceding paragraph
(1), by inserting ``and section 502(a)(12)'' after ``this
section''; and
(2) in section 733--
(A) in subsection (a), in the matter preceding
paragraph (1), by inserting ``and section 502(a)(12)''
after ``this part''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by inserting ``and section 502(a)(12)''
after ``this part''.
(e) Funding.--
(1) In general.--In addition to amounts otherwise
available, there are appropriated (out of any money in the
Treasury not otherwise appropriated) to the Department of Labor
for fiscal year 2023, to remain available until September 30,
2032, $275,000,000, of which--
(A) $240,000,000 shall be for the Employee Benefits
Security Administration; and
(B) $35,000,000 shall be for the Solicitor of
Labor.
(2) Use of appropriated funds.--Amounts made available
under paragraph (1) may be used for audits and investigations,
enforcement actions, litigation expenses, issuance of
regulations or guidance, and any other Departmental activities
relating to section 712 of the Employee Retirement Income
Security Act of 1974 and any other provision of title I of such
Act relating to mental health and substance use disorder
benefits.
TITLE VII--EMPLOYEE AND RETIREE ACCESS TO JUSTICE ACT
SECTION 701. SHORT TITLE.
This title may be cited as the ``Employee and Retiree Access to
Justice Act''.
SEC. 702. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS,
REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES.
(a) In General.--Section 502 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end
the following:
``(n)(1) In any civil action brought by, or on behalf of, a
participant or beneficiary pursuant to this section or with respect to
a common law claim involving a plan or plan benefit, notwithstanding
any other provision of law--
``(A) no predispute arbitration provision shall be valid or
enforceable if it requires arbitration of a matter related to a
claim brought under this section;
``(B) no postdispute arbitration provision shall be valid
or enforceable unless--
``(i) the provision was not required by any person,
obtained by coercion or threat of adverse action, or
made a condition of participating in a plan, receiving
benefits under a plan, or receiving any other
employment, work, or any employment-related or work-
related privilege or benefit;
``(ii) each participant or beneficiary agreeing to
the provision was informed, through a paper notice, in
a manner reasonably calculated to be understood by the
average plan participant, of the right of the
participant or beneficiary under subparagraph (C) to
refuse to agree to the provision without retaliation or
threat of retaliation;
``(iii) each participant or beneficiary agreeing to
the provision so agreed after a waiting period of not
fewer than 45 days, beginning on the date on which the
participant or beneficiary was provided both the final
text of the provision and the disclosures required
under clause (ii); and
``(iv) each participant or beneficiary agreeing to
the provision affirmatively consented to the provision
in writing;
``(C) no covered provision shall be valid or enforceable,
if prior to a dispute to which the covered provision applies, a
participant or beneficiary undertakes or promises not to
pursue, bring, join, litigate, or support any kind of
individual, joint, class, representative, or collective claim
available under this section in any forum that, but for such
covered provision, is of competent jurisdiction;
``(D) no covered provision shall be valid or enforceable,
if after a dispute to which the covered provision applies
arises, a participant or beneficiary undertakes or promises not
to pursue, bring, join, litigate, or support any kind of
individual, joint, class, representative, or collective claim
under this section in any forum that, but for such covered
provision, is of competent jurisdiction, unless the covered
provision meets the requirements of subparagraph (B); and
``(E) no covered provision related to a plan other than a
multiemployer plan shall be valid or enforceable that purports
to confer discretionary authority to any person with respect to
benefit determinations or interpretation of plan language, or
to provide a standard of review of such determinations or
interpretation by a reviewing court in an action brought under
this section that would require anything other than de novo
review of such determinations or interpretation.
``(2) In this subsection--
``(A) the term `covered provision' means any document,
instrument, or agreement related to a plan or plan benefit,
regardless of whether such provision appears in a plan document
or in a separate agreement;
``(B) the term `predispute arbitration provision' means a
covered provision that requires a participant or beneficiary to
arbitrate a dispute related to the plan or an amendment to the
plan that had not yet arisen at the time such provision took
effect;
``(C) the term `postdispute arbitration provision' means a
covered provision that requires a participant or beneficiary to
arbitrate a dispute related to the plan or an amendment to the
plan that arose before the time such provision took effect; and
``(D) the term `retaliation' means any action in violation
of section 510.
``(3)(A) Any dispute as to whether a covered provision that
requires a participant or beneficiary to arbitrate a dispute related to
a plan is valid and enforceable shall be determined by a court, rather
than an arbitrator, regardless of whether any contractual provision
purports to delegate such determinations to the arbitrator and
irrespective of whether the party resisting arbitration challenges the
arbitration agreement specifically or in conjunction with other terms
of the contract containing such agreement.
``(B) For purposes of this subsection, a dispute shall be
considered to arise only when a plaintiff has actual knowledge (within
the meaning of such term in section 413) of a breach or violation
giving rise to a claim under this section.''.
(b) Regulations.--The Secretary of Labor may promulgate such
regulations as may be necessary to carry out the amendment made by
subsection (a), including providing for the form and content of notices
required pursuant to such amendment.
SEC. 703. PROHIBITION ON MANDATORY ARBITRATION CLAUSES, CLASS ACTION
WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY
CLAUSES.
Section 402 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1102) is amended by adding at the end the following:
``(d)(1) No covered person may--
``(A) require participants or beneficiaries to agree to a
predispute arbitration provision as a condition for
participation in, or receipt of benefits under, a plan;
``(B) agree to a postdispute arbitration provision with a
participant or beneficiary with respect to a plan or plan
benefit unless the conditions of clauses (i) through (iv) of
section 502(n)(1)(B) are satisfied with respect to such
provision; or
``(C) agree to any other covered provision with respect to
a plan or plan benefit under any circumstances under which such
provision would not be valid and enforceable under
subparagraphs (C) through (E) section 502(n)(1).
``(2) In this subsection--
``(A) the term `covered person' means--
``(i) a plan;
``(ii) a plan sponsor;
``(iii) an employer; or
``(iv) a person engaged by a plan for purposes of
administering or operating the plan; and
``(B) the terms `covered provision', `predispute
arbitration provision' and `postdispute arbitration provision'
have the meanings given such terms in section 502(n)(2).''.
SEC. 704. EFFECTIVE DATE.
(a) In General.--The amendments made by sections 702 and 703 shall
take effect on the date of enactment of this Act and shall apply with
respect to any dispute or claim that arises or accrues on or after such
date, including any dispute or claim to which a provision predating
such date applies, regardless of whether plan documents have been
updated in accordance with such amendments.
(b) Enforcement With Respect to Plan Document Updates.--
Notwithstanding subsection (a), no person shall be deemed to be in
violation of such amendments on account of plan documents that have not
been updated in accordance with such amendments until after the
beginning of the first plan year that begins on or after the date that
is 1 year after the date of enactment of this Act, provided that such
person acts in accordance with such amendments during the period in
which the plan documents have not been updated.
Union Calendar No. 373
117th CONGRESS
2d Session
H. R. 7780
[Report No. 117-484]
_______________________________________________________________________
A BILL
To support the behavioral needs of students and youth, invest in the
school-based behavioral health workforce, and ensure access to mental
health and substance use disorder benefits.
_______________________________________________________________________
September 22, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed