[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1729 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1729

To facilitate nationwide accessibility and coordination of 211 services 
 and 988 services in order to provide information and referral to all 
     residents and visitors in the United States for mental health 
emergencies, homelessness needs, other social and human services needs, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

Mr. Casey (for himself, Mr. Moran, Mrs. Gillibrand, Ms. Murkowski, Mr. 
    Murphy, Mr. Merkley, Mr. Sanders, Mr. Kelly, Mr. Menendez, Mr. 
  Blumenthal, Ms. Hirono, Mr. Booker, Ms. Duckworth, and Ms. Warren) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To facilitate nationwide accessibility and coordination of 211 services 
 and 988 services in order to provide information and referral to all 
     residents and visitors in the United States for mental health 
emergencies, homelessness needs, other social and human services needs, 
                        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 ``Human-services Emergency Logistic 
Program Act of 2023'' or the ``HELP Act of 2023''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To strengthen the existing 211 services and to 
        coordinate 211 and 988 services in States throughout the 
        Nation.
            (2) To increase the availability, reliability, and 
        responsiveness of 211 and 988 services, and improve information 
        and referral through 211 and 988 services, across the country, 
        24 hours a day, 365 days a year.
            (3) To reduce the use of 911 services for circumstances not 
        related to law enforcement, fire, or medical emergencies.
            (4) To more efficiently connect individuals with mental 
        health services and other needed human services.
            (5) To reduce the arrests, incarcerations, and violent 
        interactions between law enforcement and individuals that 
        sometimes occur from inappropriate 911 emergency referrals.

SEC. 3. ALLOTMENTS TO STRENGTHEN NATIONWIDE ACCESSIBILITY AND 
              COORDINATION OF 211 AND 988 SERVICES FOR INFORMATION AND 
              REFERRAL FOR HUMAN SERVICES AND MENTAL HEALTH NEEDS.

    (a) In General.--Out of amounts appropriated under section 4(a) 
that remain after application of section 4(b), the Secretary of Health 
and Human Services (referred to in this Act as the ``Secretary''), 
acting through the Human Services National Board, shall make an 
allotment to each State, in accordance with the formula developed under 
subsection (b), to carry out a program for the purposes of--
            (1) ensuring 211 and 988 services are directly accessible 
        to all individuals in each State;
            (2) ensuring capacity within each State for 988 services 
        through the operational support of State designated crisis 
        centers within the National Suicide Prevention Lifeline 
        Network;
            (3) strengthening the reliability, accessibility, and 
        responsiveness of methods of communication through 211 and 988 
        services, in order to provide information and referrals with 
        respect to human services provided through the respective 211 
        or 988 services, including mental health emergency resources 
        and suicide prevention resources provided through 988 services, 
        homelessness resources, domestic violence resources, resources 
        to identify and address child, adult, and elder abuse and 
        exploitation, caregiver and child care resources, and other 
        human service needs provided through 211 services; and
            (4) reducing law enforcement interactions with people with 
        disabilities and individuals experiencing human-services or 
        mental health needs, and increasing the capacity to divert 
        calls from 911 or police departments to mental health and human 
        services responders, as appropriate.
    (b) Allotments to States.--
            (1) In general.--For purposes of making allotments under 
        this section, the Secretary shall develop a formula for 
        determining the allotment amounts for each State. Such formula 
        shall be based on population, population density, poverty rate, 
        and other evidence-based predictive data related to the needs 
        of the State for, and access to, mental health and other human 
        services. Allotments made under this section, and the services 
        provided through such allotments, shall not supplant funding 
        otherwise made available to the State for such purposes, or 
        services otherwise provided by the State for such purposes.
            (2) Non-federal contributions.--A State may not be eligible 
        for an allotment under this section unless the State ensures 
        that at least 25 percent of the resources of the program funded 
        by the State allotment will be derived from non-Federal 
        sources, which may include in-kind contributions of goods or 
        services.
            (3) Requirement regarding state allotment amounts.--Of the 
        amounts allotted to a State under this section, not more than 
        15 percent shall be allocated for evaluation, training, and 
        technical assistance, and for management and administration of 
        subgrants awarded under this section.
            (4) Administrative costs.--From the allotment made to a 
        State under this subsection, the State Human Services 
        Collaborative may retain the greater of \1/2\ of 1 percent of 
        such allotment or $50,000, for administrative costs.
    (c) Human Services National Board.--
            (1) In general.--The Secretary shall establish a Human 
        Services National Board for purposes of--
                    (A) managing and allocating funds under this 
                section, including making allotments to States;
                    (B) reviewing State plans for implementing and 
                maintaining 211 systems and coordinating the 211 and 
                988 systems;
                    (C) evaluating State 211 and 988 systems, including 
                with respect to capacity for answering and responding 
                to calls; and
                    (D) evaluating the coordination and collaboration 
                among 211, 988, and 911 services and other emergency 
                and call center systems.
            (2) Membership.--
                    (A) In general.--The Human Services National Board 
                shall be comprised of not fewer than 19 members 
                selected by the Secretary in accordance with 
                subparagraph (B), of which 11 shall be permanent 
                members, and 8 shall serve 3-year, rotating terms.
                    (B) Members.--
                            (i) Permanent members.--The 11 permanent 
                        members shall be comprised of one 
                        representative from each of--
                                    (I) the Alliance of Information and 
                                Referral Systems;
                                    (II) United Way Worldwide;
                                    (III) the National Council on 
                                Independent Living;
                                    (IV) the National Association of 
                                Area Agencies on Aging;
                                    (V) the Bazelon Center for Mental 
                                Health Law;
                                    (VI) the Leadership Conference on 
                                Civil and Human Rights;
                                    (VII) the National Alliance to End 
                                Homelessness;
                                    (VIII) the Fraternal Order of 
                                Police;
                                    (IX) the National Suicide 
                                Prevention Lifeline;
                                    (X) the National Domestic Violence 
                                Hotline; and
                                    (XI) the National Emergency Number 
                                Association.
                            (ii) Rotating members.--The 8 rotating 
                        members shall be selected by the Secretary, 
                        with input from stakeholders and advocates, and 
                        shall include--
                                    (I) 1 representative of a faith-
                                based organization dedicated to 
                                providing human services;
                                    (II) 1 representative of an 
                                organization dedicated to ensuring 
                                racial and ethnic equity;
                                    (III) 1 representative of a 
                                disability organization operated by a 
                                majority of people with disabilities;
                                    (IV) 1 representative of an 
                                organization representing older adults;
                                    (V) 1 representative of an 
                                organization representing Tribal and 
                                Native peoples;
                                    (VI) 1 representative of an 
                                organization representing LGBTQ+ 
                                populations;
                                    (VII) 1 representative of a secular 
                                organization dedicated to providing 
                                human services; and
                                    (VIII) 1 representative of a law 
                                enforcement labor or representative 
                                organization.
                            (iii) Additional rotating members.--In 
                        addition to the members appointed under clauses 
                        (i) and (ii), the Secretary may appoint to the 
                        Human Services National Board up to 4 
                        additional rotating members to represent 
                        specific populations or issues. Each such 
                        member shall serve a 3-year term.
                            (iv) Ex officio members.--Ex officio 
                        members of the Human Services National Board 
                        shall include 1 representative from each of--
                                    (I) the Department of Health and 
                                Human Services;
                                    (II) the Department of Education;
                                    (III) the Department of Homeland 
                                Security;
                                    (IV) the Department of Housing and 
                                Urban Development;
                                    (V) the Department of Commerce; and
                                    (VI) the Department of Labor.
            (3) Fiscal agent.--The Office of the Secretary of Health 
        and Human Services shall be the fiscal agent of the Human 
        Services National Board.
            (4) Chair and vice chair.--
                    (A) Chair selection.--The Chair of the Human 
                Services National Board shall be selected by the Human 
                Services National Board members, from among the 
                permanent members described in paragraph (2)(B)(i), and 
                shall serve a 5-year term.
                    (B) Vice chair selection.--The Vice Chair shall be 
                selected by the Human Services National Board members, 
                from among the rotating members described in paragraph 
                (2)(B)(ii), and shall serve a 3-year term.
    (d) State Oversight Entities.--
            (1) Human services collaboratives.--
                    (A) In general.--A State seeking an allotment under 
                this section, not later than 3 months after receiving 
                an allotment, shall appoint a lead entity (referred to 
                in this section as a ``Human Services Collaborative'') 
                for purposes of meeting the requirements of this 
                subsection.
                    (B) Human services collaborative.--A State lead 
                entity shall be treated as the State Human Services 
                Collaborative under this subsection if the entity--
                            (i)(I) is a State entity or an 
                        independently incorporated nonprofit 
                        organization serving as the lead implementing 
                        agency coordinating and managing State and 
                        regional projects and operations for 211 in the 
                        State--
                                    (aa) under State law; or
                                    (bb) by order of the State public 
                                utility commission;
                            (II) collaborates, to the extent 
                        practicable, with the entities listed in clause 
                        (ii); and
                            (III) collaborates with the Administrator 
                        of the National Suicide Prevention Lifeline to 
                        coordinate 988 operations with 211 operations 
                        in the State; or
                            (ii) is a collaborative entity established 
                        by the State for such purpose from among 
                        representatives of--
                                    (I) an informal, existing 211 
                                statewide collaborative in the State;
                                    (II) crisis centers within the 
                                National Suicide Prevention Lifeline 
                                Network operating in the State;
                                    (III) State agencies;
                                    (IV) community-based organizations, 
                                including--
                                            (aa) organizations 
                                        representing older adults;
                                            (bb) organizations 
                                        representing people with 
                                        disabilities;
                                            (cc) where appropriate, 
                                        organizations representing 
                                        Native peoples and Tribal 
                                        nations;
                                            (dd) organizations 
                                        representing people with mental 
                                        health disabilities; and
                                            (ee) organizations led by 
                                        Black people, indigenous 
                                        people, or people of color 
                                        working to end racism;
                                    (V) faith-based organizations 
                                dedicated to providing human services;
                                    (VI) nonprofit organizations 
                                providing human services;
                                    (VII) comprehensive and specialized 
                                information and referral providers, 
                                including area agencies on aging, aging 
                                and disability resource centers, and 
                                211 and 988 call centers;
                                    (VIII) State and regional 
                                foundations;
                                    (IX) businesses headquartered in, 
                                or with significant presence in, the 
                                State; and
                                    (X) law enforcement labor or 
                                representative organizations 
                                representing rank and file officers.
            (2) Human services state oversight council.--
                    (A) In general.--Each State receiving an allotment 
                under this section shall establish a Human Services 
                State Oversight Council (referred to in this section as 
                a ``Council'') to provide guidance and oversight of the 
                211 and 988 systems to the State Human Services 
                Collaborative.
                    (B) Members.--
                            (i) In general.--Each Council shall be 
                        comprised of not more than 25 stakeholders and 
                        service providers appointed by the governor of 
                        the State for staggered 3-year terms, 
                        including--
                                    (I) at least 3 representatives of 
                                human service providers;
                                    (II) at least 2 older adults;
                                    (III) at least 3 people with 
                                disabilities;
                                    (IV) at least 3 additional people 
                                with mental health disabilities;
                                    (V) at least 1 individual with a 
                                child under 18 years of age;
                                    (VI) at least 1 individual caring 
                                for an older adult;
                                    (VII) at least 1 individual 
                                providing support for a relative with a 
                                disability;
                                    (VIII) at least 3 individuals who 
                                are members of a family that receives 
                                means tested Federal benefits, such as 
                                temporary assistance for needy families 
                                under part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.), 
                                the supplemental nutrition assistance 
                                program established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.), or the supplemental security 
                                income program established under title 
                                XVI of the Social Security Act (42 
                                U.S.C. 1381 et seq.);
                                    (IX) at least 1 business 
                                representative; and
                                    (X) at least 1 representative of a 
                                law enforcement labor or representative 
                                organization.
                            (ii) Conflicts of interest.--No Council 
                        member may be an employee of an entity that 
                        receives a subgrant from the State Human 
                        Services Collaborative.
                            (iii) Chair and vice chair.--With respect 
                        to each Council, the Council shall select from 
                        among its members a Chair, who shall be a 
                        recipient of human services, and a Vice Chair, 
                        who shall be a provider of human services or a 
                        business representative.
                    (C) Duties.--Each Council shall be responsible 
                for--
                            (i) reviewing the annual State application 
                        to the Human Services National Board;
                            (ii) reviewing the annual Human Services 
                        Collaborative budget;
                            (iii) identifying topics for, and ensuring 
                        an evaluation of, the State 211 and 988 
                        services, consistent with subsection (h)(2);
                            (iv) monitoring the State 211 and 988 
                        services to ensure that such services are 
                        racially equitable; and
                            (v) making recommendations to increase the 
                        awareness and effectiveness of 211 and 988 
                        services in all parts and communities of the 
                        State.
    (e) Application.--The Human Services Collaborative of a State, on 
behalf of each State seeking an allocation under this section, acting 
under the direction of the State governor, shall submit an annual 
application to the Human Services National Board for such an 
allocation, at such time, in such manner, and containing such 
information as the Secretary may require, including the following:
            (1) A description of how the Human Services Collaborative 
        will--
                    (A) ensure that every resident of the State with 
                phone or internet service can connect to the 211 and 
                988 services at no charge;
                    (B) make available, throughout the State, 211 and 
                988 service information and referral with respect to 
                human services, including information about the manner 
                in which the Human Services Collaborative will develop, 
                sustain, and evaluate the State's 211 and 988 services 
                and ensure sufficient State capacity for answering and 
                responding to calls to 211 and 988;
                    (C) coordinate with 911 systems and law enforcement 
                agencies to divert calls to mental health and human 
                services responders who can assist individuals and link 
                individuals with voluntary, community-based services, 
                as appropriate; and
                    (D) use annual 211 and 988 operational data to 
                inform the Collaborative's approach to assessing the 
                program and establishing oversight metrics.
            (2) Information on the sources of funding and other 
        resources for the State 211 and 988 services for purposes of 
        meeting the requirements under subsection (b)(2).
            (3) Information describing how the Human Services 
        Collaborative will provide to all individuals in the State, to 
        the extent practicable, a statewide database available via the 
        internet, that will allow such individuals to search for 
        programs or services that are available from mental health and 
        human services providers in the State.
            (4) Assurances that all activities and information provided 
        by the 211 and 988 services and all entities receiving 
        subgrants pursuant to this section will be directly accessible 
        according to the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.), section 508 of the Rehabilitation Act of 
        1973 (29 U.S.C. 794d), and part 1194 of title 36, Code of 
        Federal Regulations (or any successor regulations).
            (5) Any additional information the Secretary may require.
    (f) Subgrants.--
            (1) Authority.--For purposes of carrying out a program in a 
        State, the State Human Services Collaborative may make 
        subgrants to such entities as the Collaborative determines 
        appropriate, which may include subgrants to provide funds--
                    (A) for the provision of 211 and 988 services;
                    (B) for the operation and maintenance of 211 and 
                988 call centers;
                    (C) for the collection and display of information 
                in the statewide database;
                    (D) for increasing public awareness of 211 and 988 
                services in the State in collaboration with 911 
                services and other emergency call centers;
                    (E) for coordination of the State's 211 and 988 
                services, including the collection, accessibility, and 
                display of information through a national data 
                platform;
                    (F) to conduct statewide and regional planning for 
                211 and 988 services;
                    (G) for start-up costs of extending 211 and 988 
                services to unserved areas, including costs of software 
                and hardware upgrades and telecommunications and 
                internet costs;
                    (H) to ensure that 211 and 988 services are 
                directly accessible, consistent with the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 
                section 508 of the Rehabilitation Act of 1973 (29 
                U.S.C. 794d), and part 1194 of title 36, Code of 
                Federal Regulations (or any successor regulations);
                    (I) for staffing;
                    (J) for training;
                    (K) for activities related to accreditation;
                    (L) for the evaluation of State 211 and 988 
                activities and capacity;
                    (M) for internet hosting and site development and 
                maintenance for a statewide database;
                    (N) for cloud-based data and messaging capacity;
                    (O) to encourage coordination and collaboration of 
                211 and 988 services within the State and ensure 
                coordination and collaboration with local 911 Public 
                Safety Answering Points;
                    (P) to integrate or share resources and service-
                level data with national platforms hosted by the Human 
                Services National Board;
                    (Q) to prepare and submit State and national 
                reporting requirements and other activities approved by 
                the Human Services State Oversight Council;
                    (R) to provide stipends and travel reimbursement 
                for individuals with disabilities and their family 
                members for costs associated with serving on the Human 
                Services State Oversight Council; or
                    (S) to carry out other activities approved by the 
                Human Services National Board on behalf of the 
                Secretary.
            (2) Considerations.--In awarding a subgrant under this 
        subsection, a lead entity shall consider--
                    (A) the ability of the entity seeking the subgrant 
                to carry out activities or provide services consistent 
                with this Act;
                    (B) the extent to which the award of the subgrant 
                will facilitate equitable geographic distribution of 
                subgrants under this section to ensure that rural 
                communities have access to 211 and 988 services; and
                    (C) the extent to which the recipient of the 
                subgrant will establish and maintain cooperative 
                relationships with specialized information and referral 
                centers, including Child Care Resource and Referral 
                Agencies, crisis centers, referral agencies for aging 
                or disability services, 911 call centers, 311 call 
                centers, and other call centers, as applicable.
            (3) Preference.--In awarding a subgrant under this 
        subsection, a lead entity shall give preference to 
        organizations that work with people with disabilities who are 
        Black, Indigenous, or other people of color.
    (g) Use of State Allotment and Subgrant Amounts.--
            (1) In general.--Amounts awarded as State allotments or 
        subgrants under this section shall be used solely for either or 
        both of the following purposes:
                    (A) To make available 211 and 988 services to all 
                individuals in a State via voice, short message service 
                or other messaging, internet, or other 
                telecommunication methods.
                    (B) For community information and referral with 
                respect to human services, among individuals, families, 
                and agencies seeking such services and the providers of 
                such services.
            (2) Requirements.--In making 211 and 988 services 
        available, the recipient of a State allotment or subgrant 
        shall, to the maximum extent practicable--
                    (A) abide by the Key Standards for 211 Centers as 
                specified in the Standards and Quality Indicators for 
                Professional Information and Referral published by the 
                Alliance of Information and Referral Systems for 211 
                services;
                    (B) abide by the clinical standards and guidelines 
                specified by the Administrator of the National Suicide 
                Prevention Lifeline for 988 crisis centers that are 
                part of the National Suicide Prevention Lifeline 
                Network; and
                    (C) collaborate with public and private human 
                services organizations and existing national, regional, 
                and local information and referral systems to provide 
                an exhaustive and comprehensive database of services 
                from which to provide information or referrals to 
                individuals using the 211 and 988 services.
            (3) Use of subgrant funds.--Amounts awarded through a 
        subgrant under subsection (f) may be used by the subgrant 
        recipient for the purposes described in subsection (f)(1).
    (h) Reports and Evaluations.--
            (1) Annual reports.--The State Human Services Collaborative 
        of each State receiving an allotment under this section shall 
        submit to the Human Services National Board, not later than 60 
        days after the end of each fiscal year in which such allotment 
        is made, a report on the program funded by the State allotment. 
        Each report shall--
                    (A) describe the activities or services funded by 
                the State allotment;
                    (B) assess the effectiveness of such activities and 
                services in making available, to all residents of the 
                State, 211 and 988 services for emergency mental health 
                services and information and referrals with respect to 
                human services in accordance with the provisions of 
                this section;
                    (C) assess the effectiveness of collaboration with 
                human services resource and referral entities and 
                service providers;
                    (D) include the percentage of calls to 911 or to 
                police that were diverted to mental health and other 
                human services responders; and
                    (E) describe the services to which individuals were 
                linked through the 211 and 988 services and any efforts 
                to track outcomes.
            (2) Evaluation.--Each State Human Services Collaborative 
        shall award a contract to an independent entity to conduct an 
        evaluation of the State 211 and 988 systems biennially. The 
        evaluation shall address--
                    (A) any barriers to access to the State 211 and 988 
                services for residents and visitors;
                    (B) the effectiveness of the State 211 and 988 
                services at connecting residents to needed human 
                services;
                    (C) the effectiveness of collaborations among 211 
                and 988 partners;
                    (D) the effects of the State 211 and 988 services 
                on 911 law enforcement, fire, and medical emergency 
                services;
                    (E) the comprehensiveness of the information in the 
                State 211 and 988 database;
                    (F) public awareness of the State 211 and 988 
                services;
                    (G) user satisfaction with the State 211 and 988 
                services; and
                    (H) other topics identified by the Human Services 
                State Oversight Councils.
    (i) Definitions.--In this section:
            (1) 211 service.--The term ``211 service'' means providing 
        residents with information and referrals, via voice telephone, 
        text telephone, short message service, text, internet phone, or 
        other telecommunication methods, with respect to health and 
        human services and other provider agencies.
            (2) 988 service.--The term ``988 service'' means the 
        provision of mental health or suicide crisis support and 
        resources through the universal telephone number within the 
        United States designated for the purpose of the national 
        suicide prevention and mental health crisis hotline system 
        operating through the National Suicide Prevention Lifeline.
            (3) Human services.--The term ``human services'' means 
        services that--
                    (A) assist individuals in becoming more self-
                sufficient, in preventing dependency, and in 
                strengthening family relationships;
                    (B) address social determinants of health;
                    (C) support personal and social development; or
                    (D) help ensure the health and well-being of 
                individuals, families, and communities.
            (4) Indian tribe; tribal organization.--The terms ``Indian 
        tribe'' and ``tribal organization'' have the meanings given 
        such terms in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (5) Older adult.--The term ``older adult'' has the meaning 
        given the term ``older individual'' in section 102 of the Older 
        Americans Act of 1965 (42 U.S.C. 3002).
            (6) State.--The term ``State'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands, or an Indian 
        tribe or tribal organization.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act--
            (1) $550,000,000 for each of fiscal years 2024 and 2025, of 
        which, each such fiscal year, $350,000,000 shall be allocated 
        for 211 services and $200,000,000 shall be allocated for 988 
        services; and
            (2) $450,000,000 for each of fiscal years 2026 through 
        2030, of which, each such fiscal year, $300,000,000 shall be 
        allocated for 211 services and $150,000,000 shall be allocated 
        for 988 services.
    (b) Reservation.--Of the amount appropriated under this section for 
a fiscal year, the Human Services National Board may reserve \1/2\ of 1 
percent for administrative and national coordinating activities.
    (c) Availability.--Amounts appropriated pursuant to this section 
shall remain available until expended.
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