[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3696 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3696

  To establish the position of Interagency Coordinator for Behavioral 
    Health to coordinate the programs and activities of the Federal 
     Government relating to mental health, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2022

Mr. Warnock (for himself, Mr. Padilla, and Ms. Stabenow) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To establish the position of Interagency Coordinator for Behavioral 
    Health to coordinate the programs and activities of the Federal 
     Government relating to mental health, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Behavioral Health Coordination and 
Communication Act of 2022''.

SEC. 2. INTERAGENCY COORDINATOR FOR BEHAVIORAL HEALTH.

    (a) Position.--
            (1) Appointment.--There is established in the Executive 
        Office of the President an Interagency Coordinator for 
        Behavioral Health (in this Act referred to as the ``Interagency 
        Coordinator'') who shall--
                    (A) be appointed by the President, by and with the 
                advice and consent of the Senate; and
                    (B) report directly to the President.
            (2) Qualifications.--The Interagency Coordinator shall 
        have--
                    (A) expertise in mental health and substance use 
                disorders; and
                    (B) administrative experience.
            (3) Term.--The Interagency Coordinator shall be appointed 
        for a term of 5 years. The same individual may be reappointed 
        to serve as the Interagency Coordinator for subsequent 5-year 
        terms.
            (4) Rate of pay.--To the extent or in the amounts provided 
        in advance in appropriation Acts, the Interagency Coordinator 
        shall be paid at a rate equal to the rate of basic pay for 
        level I of the Executive Schedule.
    (b) Principal Responsibility.--
            (1) In general.--The Interagency Coordinator shall 
        coordinate the programs and activities of the Federal 
        Government relating to mental health and substance use 
        disorders.
            (2) Consultation.--
                    (A) Required consultation.--In carrying out 
                paragraph (1) with respect to any program or activity, 
                the Interagency Coordinator shall consult with--
                            (i) the Assistant Secretary of Defense for 
                        Health Affairs;
                            (ii) the Attorney General, the 
                        Administrator of the Office of Juvenile Justice 
                        and Delinquency Prevention, and the Director of 
                        the Bureau of Prisons;
                            (iii) the Director of National Drug Control 
                        Policy;
                            (iv) the Secretary of Education and the 
                        Assistant Secretary for Special Education and 
                        Rehabilitative Services;
                            (v) the Secretary of Health and Human 
                        Services, the Assistant Secretary for Health, 
                        the Assistant Secretary for the Administration 
                        for Children and Families, the Assistant 
                        Secretary for Mental Health and Substance Use, 
                        the Director of the Indian Health Service, and 
                        the Deputy Assistant Secretary for Minority 
                        Health;
                            (vi) the Secretary of Homeland Security;
                            (vii) the Secretary of Housing and Urban 
                        Development;
                            (viii) the Secretary of Labor; and
                            (ix) the Secretary of Veterans Affairs.
                    (B) Additional consultation.--In carrying out 
                paragraph (1) with respect to any program or activity, 
                the Interagency Coordinator may consult with the 
                Director of the Centers for Disease Control and 
                Prevention, the Commissioner of Food and Drugs, the 
                Director of the National Institutes of Health, the 
                Administrator of the Centers for Medicare & Medicaid 
                Services, and such additional Federal officials as the 
                Interagency Coordinator determines appropriate.
    (c) Other Responsibilities.--
            (1) Framework for mental health and substance use 
        disorders.--The Interagency Coordinator shall work with Federal 
        departments and agencies to create a framework within and 
        across such departments and agencies to improve the provision 
        of, and access to, mental health and substance use disorder 
        services. Such framework shall include the following:
                    (A) Care coordination to better integrate mental 
                health and substance use disorder care into health care 
                settings and ensure seamless transitions for patients, 
                including by--
                            (i) promoting mental health and substance 
                        use disorder care earlier in the health care 
                        continuum, including prevention services;
                            (ii) focusing on providing mental health 
                        and substance use disorder care in more 
                        appropriate settings and locations;
                            (iii) promoting diversion to mental health 
                        and substance use disorder treatment programs 
                        instead of incarceration for mental health 
                        conditions and substance use disorders;
                            (iv) improving access to primary care and 
                        other medical services in community mental 
                        health and substance use disorder settings;
                            (v) promoting better treatment and services 
                        for mental health conditions and substance use 
                        disorders while incarcerated; and
                            (vi) providing better coordination for 
                        wraparound services at every point in health 
                        care and the justice system for individuals 
                        with mental health conditions and substance use 
                        disorders, including social supports, housing, 
                        education, and employment.
                    (B) A focus on adults, children, youth, and 
                adolescents, and on communities of color, people with 
                disabilities, and other marginalized groups.
                    (C) Creating and implementing a transition plan for 
                patients with mental health conditions or substance use 
                disorders who transition between systems, departments, 
                agencies, or services.
            (2) Inventory.--Not later than 1 year after the date of 
        enactment of this Act, the Interagency Coordinator shall--
                    (A) take an inventory of all positions, committees, 
                task forces, grants, and funding streams in the Federal 
                Government that are related to mental health and 
                substance use disorders; and
                    (B) provide recommendations to the President, 
                Congress, and relevant Federal departments and agencies 
                on removing, restructuring, and reorganizing such 
                positions, committees, task forces, grants, and funding 
                streams.
            (3) Public website.--The Interagency Coordinator shall 
        establish and maintain a public website that provides reliable 
        information on mental health and substance use disorders, 
        including insurance information and navigation tools for the 
        appeals process for insurance denials.
            (4) Best practices.--The Interagency Coordinator shall 
        identify best practices for--
                    (A) culturally competent and linguistically 
                appropriate mental health and substance use disorder 
                care;
                    (B) comprehensive mental health and substance use 
                disorder care;
                    (C) continuity of mental health and substance use 
                disorder care;
                    (D) destigmatization of mental health conditions 
                and substance use disorders; and
                    (E) public awareness campaigns on mental health and 
                substance use disorders in a variety of settings that 
                include--
                            (i) the full spectrum of education levels, 
                        ranging from prekindergarten through higher 
                        education;
                            (ii) a range of patient populations, 
                        including pediatric, adult, geriatric, veteran, 
                        racial and ethnic minority populations, and 
                        patient populations in the justice system;
                            (iii) a range of health care provider 
                        populations; and
                            (iv) a range of providers in the justice 
                        system.
            (5) Guidance on mental health and substance use disorder 
        telehealth treatment across state lines.--Not later than 180 
        days after the date of enactment of this Act, the Interagency 
        Coordinator shall issue guidance on collaboration among States 
        to enable mental health and substance use disorder care 
        professionals to treat patients across State lines through 
        telehealth technologies.
            (6) Annual report on activities and goals.--Not later than 
        one year after the date of enactment of this Act, and annually 
        thereafter, the Interagency Coordinator shall submit a public 
        report to Congress and the President that includes--
                    (A) a description of the activities of the 
                Interagency Coordinator over the reporting period;
                    (B) the strategic goals of the Interagency 
                Coordinator over the next 5- and 10-year periods; and
                    (C) an inventory of all Federal programs pertaining 
                to mental health and substance use disorders.
            (7) Report on disparities and diversity.--Not later than 
        one year after the date of enactment of this Act, the 
        Interagency Coordinator shall submit a public report to 
        Congress and the President--
                    (A) describing the racial, ethnic, disability, sex, 
                and gender disparities within the mental health and 
                substance use disorder workforce, describing how such 
                disparities impact access to care, particularly for 
                minority populations, and recommending how to address 
                such disparities;
                    (B) projecting the diversity of mental health and 
                substance use disorder care professionals in terms of 
                race, ethnicity, sex, and gender in 5 and 10 years;
                    (C) describing the racial, ethnic, disability, sex, 
                and gender disparities in education and training for 
                mental health and substance use disorder care 
                professionals, and recommending how to address such 
                disparities;
                    (D) describing geographic racial, ethnic, 
                disability, sex, and gender disparities of the mental 
                health and substance use disorder workforce, and 
                recommending how to address such disparities;
                    (E) recommending ways to include nonsubjective 
                mental health and substance use disorder screenings as 
                a vital sign;
                    (F) recommending ways to create a complexity index 
                for mental health and substance use disorders; and
                    (G) assessing access to community-based mental 
                health and substance use disorder services in 
                underserved geographic areas and communities of color.
    (d) Team.--
            (1) In general.--The Interagency Coordinator may appoint 
        such personnel (in this Act referred to as the ``team'') as the 
        Interagency Coordinator considers appropriate.
            (2) Composition.--The Interagency Coordinator shall ensure 
        that the team, collectively, has the following experience:
                    (A) Working in an adult mental health setting.
                    (B) Working in a geriatric mental health setting.
                    (C) Working in a child mental health setting.
                    (D) Working in an adult substance use disorder 
                setting.
                    (E) Working in a child substance use disorder 
                setting.
                    (F) Working in the adult justice system with a 
                focus on mental health and substance use disorders.
                    (G) Working in the juvenile justice system with a 
                focus on mental health and substance use disorders.
                    (H) Working in a school or college campus-based 
                setting with a focus on mental health and substance use 
                disorders.
                    (I) Working in a health care facility of the 
                Department of Veterans Affairs with a focus on mental 
                health and substance use disorders.
                    (J) Working in a foster care setting.
                    (K) Working in an integrated care setting.
                    (L) Receiving mental health and substance use 
                disorder care as an adult.
                    (M) Receiving mental health and substance use 
                disorder care as a child.
                    (N) Having been incarcerated in the adult justice 
                system while suffering from a mental illness or 
                substance use disorder.
                    (O) Having been detained in the juvenile justice 
                system while suffering from a mental illness or 
                substance use disorder.
                    (P) Having been placed in a foster care setting.
                    (Q) Providing mental health or substance use 
                disorder care in minority and underserved communities.
            (3) Duties of the team.--The team shall conduct such 
        activities as the Interagency Coordinator determines 
        appropriate, including--
                    (A) assisting appropriate entities in using the 
                framework developed under subsection (c)(1);
                    (B) identifying Federal, State, Tribal, and local 
                partnerships between the public and private sectors for 
                improving mental health and substance use disorders; 
                and
                    (C) otherwise assisting the Interagency Coordinator 
                with implementation of this Act.
            (4) Applicability of certain civil service laws.--The team 
        may be appointed without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and may be paid without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of such title 5 
        relating to classification and General Schedule pay rates, 
        except that an individual so appointed may not receive pay in 
        excess of the annual rate of basic pay for GS-15 of the General 
        Schedule.
            (5) Experts and consultants.--The Interagency Coordinator 
        may procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code, but at rates for 
        individuals not to exceed the daily equivalent of the annual 
        rate of basic pay for GS-15 of the General Schedule.
            (6) Staff of federal agencies.--Upon request of the 
        Interagency Coordinator, the head of any Federal department or 
        agency may detail, on a reimbursable basis, any of the 
        personnel of that department or agency to the Interagency 
        Coordinator to assist it in carrying out the responsibilities 
        under this Act.
    (e) Powers.--
            (1) Hearings and sessions.--The Interagency Coordinator 
        may, for the purpose of carrying out this Act, hold hearings, 
        sit and act at times and places, take testimony, and receive 
        evidence as the Interagency Coordinator considers appropriate.
            (2) Powers of team and agents.--Any member of the team or 
        agent of the Interagency Coordinator may, if authorized by the 
        Interagency Coordinator, take any action which such Coordinator 
        is authorized to take by this section.
            (3) Obtaining official data.--The Interagency Coordinator 
        may secure directly from any department or agency of the United 
        States information necessary to enable the Interagency 
        Coordinator to carry out this Act. Upon request of the 
        Interagency Coordinator, the head of that department or agency 
        shall, within 30 days of receiving the request, furnish that 
        information to the Interagency Coordinator, in a manner that 
        protects personal privacy, consistent with applicable Federal 
        and State privacy law.
            (4) Mails.--The Interagency Coordinator may use the United 
        States mails in the same manner and under the same conditions 
        as other departments and agencies of the United States.
            (5) Administrative support services.--Upon the request of 
        the Interagency Coordinator, the Administrator of General 
        Services shall provide to the Interagency Coordinator, on a 
        reimbursable basis, the administrative support services 
        necessary for the Interagency Coordinator to carry out the 
        responsibilities under this Act.
            (6) Contract authority.--To the extent or in the amounts 
        provided in advance in appropriation Acts, the Interagency 
        Coordinator may contract with and compensate government and 
        private agencies or persons for supplies and services.
    (f) Definition.--In this section, the term ``culturally competent'' 
means consistent with preferred cultural values, beliefs, worldview, 
language, and practices.

SEC. 3. COOPERATION BY OTHER FEDERAL AGENCIES.

    The head of each Federal department or agency seeking to commence 
development or implementation of a policy, including through rulemaking 
or guidance, that is directly related to mental health or substance use 
disorder care shall--
            (1) give notice of the policy to the Interagency 
        Coordinator;
            (2) in accordance with section 2(e)(3), share such 
        information relating to the policy as the Interagency 
        Coordinator may request; and
            (3) participate in such discussions and meetings regarding 
        the policy as the Interagency Coordinator may request for 
        purposes of coordination pursuant to section 2(b).

SEC. 4. STUDY ON REIMBURSEMENT OF MENTAL HEALTH AND SUBSTANCE USE 
              DISORDER SERVICES FOR JUVENILES.

    (a) Reimbursement of Mental Health and Substance Use Disorder 
Services Provided in Preschool, Elementary School, and Secondary School 
Settings.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall--
            (1) complete a study and develop recommendations on the 
        reimbursement of mental health and substance use disorder care 
        professionals for services provided in preschool, elementary 
        school, and secondary school settings; and
            (2) submit a public report to Congress and the President on 
        the findings, conclusions, and recommendations resulting from 
        such study.
    (b) Services Available to Justice Involved Juveniles.--Not later 
than 2 years after the date of enactment of this Act, the Comptroller 
General of the United States shall--
            (1) complete a study to determine the percentage of the 
        budget of the Federal Government and each State government, 
        disaggregated by agency, used to support mental health and 
        substance use disorder services for juveniles who are arrested 
        or become part of the juvenile or criminal justice systems; and
            (2) submit a public report to Congress and the President on 
        the findings, conclusions, and recommendations resulting from 
        such study, including recommendations on--
                    (A) whether the amount expended by each Federal and 
                State agency on mental health and substance use 
                disorder services for such juveniles needs to be 
                adjusted; and
                    (B) any gaps in community-based services for 
                juveniles with mental health conditions or substance 
                use disorders that should be available to prevent such 
                juveniles from becoming part of the juvenile or 
                criminal justice systems.

SEC. 5. REPORT ON INTERAGENCY COORDINATOR'S ACTIVITIES.

    Not later than 5 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit a report to 
Congress and the President on the role of the Interagency Coordinator 
and the Interagency Coordinator's team in programs, decisions, and 
changes relating to mental and behavioral health. In such report, the 
Comptroller General shall include recommendations on--
            (1) ways to improve such involvement of the Interagency 
        Coordinator and the Interagency Coordinator's team; and
            (2) addressing any identified gaps in the role of the 
        Interagency Coordinator.
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