[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3704 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3704

 To amend the Public Health Service Act to authorize the Secretary of 
 Health and Human Services to award grants, contracts, or cooperative 
 agreements to schools and school-based health centers to increase the 
 number of behavioral health care providers in such schools and health 
                    centers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2022

  Mr. Warnock (for himself, Ms. Hassan, Ms. Stabenow, and Mr. Booker) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to authorize the Secretary of 
 Health and Human Services to award grants, contracts, or cooperative 
 agreements to schools and school-based health centers to increase the 
 number of behavioral health care providers in such schools and health 
                    centers, 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 ``Advancing Student Services In 
Schools Today Act'' or the ``ASSIST Act''.

SEC. 2. PROGRAM TO INCREASE MENTAL HEALTH AND SUBSTANCE USE DISORDER 
              CARE PROVIDERS IN SCHOOLS AND SCHOOL-BASED HEALTH 
              CENTERS.

    Subpart I of part D of title III of the Public Health Service Act 
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:

``SEC. 330O. PROGRAM TO INCREASE MENTAL HEALTH AND SUBSTANCE USE 
              DISORDER CARE PROVIDERS IN SCHOOLS AND SCHOOL-BASED 
              HEALTH CENTERS.

    ``(a) In General.--Not later than 3 months after the date of 
enactment of this section, the Secretary, in consultation with the 
Secretary of Education, shall award grants, contracts, or cooperative 
agreements to eligible entities to increase the number of mental health 
and substance use disorder care providers in schools and health centers 
served by such entities.
    ``(b) Application.--An eligible entity seeking an award under this 
section shall submit an application to the Secretary at such time, in 
such manner, and containing such information as the Secretary may 
require, including a description of--
            ``(1) the mental health and substance use disorder needs of 
        the student population served by the eligible entity; and
            ``(2) with respect to the student population served by the 
        eligible entity, how the eligible entity will ensure that the 
        mental health and substance use disorder care providers 
        supported by the eligible entity, and the services administered 
        by such providers, are culturally competent and linguistically 
        appropriate.
    ``(c) Reporting.--
            ``(1) Eligible entity reporting.--Eligible entities 
        receiving an award under this section shall submit an annual 
        report to the Secretary accompanied by such information as the 
        Secretary may require, including--
                    ``(A) the number of mental health and substance use 
                disorder care providers working at the schools or 
                health centers served by the eligible entity, and the 
                number of such providers supported through the award;
                    ``(B) the types of services provided by the mental 
                health and substance use disorder care providers and 
                the efficacy of such services;
                    ``(C) the practices used by the schools or health 
                centers served by the eligible entity to recruit and 
                retain mental health and substance use disorder care 
                providers; and
                    ``(D) the rates of retention of mental health and 
                substance use disorder care providers at the school or 
                health center.
            ``(2) Secretary.--Not later than 18 months after the date 
        of enactment of this section, and annually thereafter, the 
        Secretary shall submit to Congress a report on the 
        effectiveness of the awards under this section.
    ``(d) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a local educational agency, as defined in 
                section 8101 of the Elementary and Secondary Education 
                Act of 1965;
                    ``(B) an institution of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965);
                    ``(C) a school operated by the Bureau of Indian 
                Affairs; or
                    ``(D) a school-based health center, as defined in 
                section 399Z-1(a)(3).
            ``(2) Mental health and substance use disorder care 
        provider.--The term `behavioral health care provider' means an 
        individual who is licensed to provide mental and behavioral 
        health services, including--
                    ``(A) a school counselor;
                    ``(B) a school psychologist or any other 
                psychologist;
                    ``(C) a psychiatrist who specializes in child or 
                adolescent psychiatry;
                    ``(D) a school social worker; and
                    ``(E) other providers, as the Secretary determines 
                appropriate.''.

SEC. 3. INCREASING THE APPLICABLE FMAP FOR STATE EXPENDITURES 
              ATTRIBUTABLE TO CERTAIN BEHAVIORAL HEALTH SERVICES.

    Section 1905 of the Social Security Act (42 U.S.C. 1396d) is 
amended--
            (1) in subsection (b), by striking ``and (ii)'' and 
        inserting ``(ii), and (jj)''; and
            (2) by adding at the end the following new subsection:
    ``(jj)(1) Notwithstanding any preceding provision of this section, 
with respect to State expenditures for medical assistance consisting of 
services provided by a behavioral care provider and furnished at a 
school (as defined in section 330O(d) of the Public Health Service Act) 
or at a school-based health center (as defined in section 399Z-1(a)(3) 
of such Act) on or after the date that is 3 months after the date of 
the enactment of this subsection, the Federal medical assistance 
percentage otherwise determined under subsection (b) shall, subject to 
paragraph (2), be equal to 90 percent.
    ``(2) Paragraph (1) shall not apply in the case of State 
expenditures described in such paragraph if application of such 
paragraph would result in a lower Federal medical assistance percentage 
for such expenditures than would otherwise apply without application of 
such paragraph.''.
                                 <all>