[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2733 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2733

 To address the behavioral health workforce shortages through support 
         for peer support specialists, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 6, 2023

 Mr. Kaine (for himself and Mr. Braun) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To address the behavioral health workforce shortages through support 
         for peer support specialists, 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 ``Providing Empathetic and Effective 
Recovery Support Act'' or the ``PEER Support Act''.

SEC. 2. DEFINITION OF PEER SUPPORT SPECIALIST.

    (a) In General.--In this Act, the term ``peer support specialist'' 
means an individual--
            (1)(A) who has lived experience of recovery from a mental 
        health condition or substance use disorder and who specializes 
        in supporting individuals with mental health conditions or 
        substance use disorders; or
            (B) who has lived experience as a parent or caregiver of an 
        individual with a mental health condition or substance use 
        disorder and who specializes in supporting families navigating 
        mental health or substance use service systems; and
            (2) who is certified as qualified to furnish peer support 
        services, as described in subsection (b), under a process that 
        is determined by the State in which such individual furnishes 
        such services or determined appropriate by the Secretary of 
        Health and Human Services.
    (b) Peer Support Services.--The services described in this 
subsection shall be consistent with the National Practice Guidelines 
for Peer Supporters issued by the National Association of Peer 
Supporters (or a successor publication) and inclusive of the Core 
Competencies for Peer Workers in Behavioral Health Services of the 
Substance Abuse and Mental Health Services Administration.

SEC. 3. RECOGNIZING THE PEER SUPPORT SPECIALIST PROFESSION.

    Not later than January 1, 2025, the Director of the Office of 
Management and Budget shall revise the Standard Occupational 
Classification system to include an occupational category for peer 
support specialists.

SEC. 4. ESTABLISHING THE OFFICE OF RECOVERY.

    Part A of title V of the Public Health Service Act (42 U.S.C. 290aa 
et seq.) is amended by inserting after section 501C (42 U.S.C. 290aa-
0b) the following:

``SEC. 501D. OFFICE OF RECOVERY.

    ``(a) In General.--There is established, in the Substance Abuse and 
Mental Health Services Administration, an Office of Recovery (referred 
to in this section as the `Office').
    ``(b) Director.--The Office shall be headed by a Director who has 
demonstrated experience in, and lived experience with, mental health or 
substance use disorder recovery.
    ``(c) Responsibilities.--Through the Office of Recovery, the 
responsibilities of the Director shall include--
            ``(1) providing leadership in the identification of new and 
        emerging issues related to recovery support services;
            ``(2) supporting technical assistance, data analysis, and 
        evaluation functions in order to assist States, localities, 
        territories, Indian Tribes, and Tribal organizations in 
        developing recovery support services and identifying best 
        practices with the objective of expanding the capacity of, and 
        access to, recovery support services;
            ``(3) providing support for the training, education, 
        integration, and professionalization of the peer support 
        specialist workforce;
            ``(4) disseminating best practice recommendations with 
        respect to peer support specialist training, certification, 
        supervision, and practice to States and other entities that 
        employ peer support specialists;
            ``(5) supporting peer support specialists with ongoing 
        professional development and retention activities; and
            ``(6) developing recommendations on creating career 
        pathways for peer support specialists.
    ``(d) Functions.--Beginning on the date of enactment of this 
section, the functions of the Office shall include the responsibilities 
described in subsection (c) and the functions of the Office of Recovery 
of the Substance Abuse and Mental Health Services Administration on the 
day before such date of enactment, including all of its personnel, 
assets, authorities, obligations, and liabilities, except as otherwise 
specified in this section.
    ``(e) Definition of Peer Support Specialist.--In this section, the 
term `peer support specialist' has the meaning given such term in 
section 2 of the Providing Empathetic and Effective Recovery Support 
Act''.

SEC. 5. RESEARCH AND RECOMMENDATIONS ON CRIMINAL BACKGROUND CHECK 
              PROCESS FOR PEER SUPPORT SPECIALISTS.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary''), in coordination 
with the Attorney General, shall develop a report on research and 
recommendations with respect to criminal background check processes for 
individuals becoming peer support specialists.
    (b) Contents.--The report under subsection (a) shall include--
            (1) a summary of evidence-informed literature on the 
        effectiveness of peer support specialists in improving the 
        mental health and the substance use disorder recovery of other 
        individuals;
            (2) a survey of each State's laws (including regulations) 
        that contain criminal background check requirements for serving 
        as a peer support specialist, including--
                    (A) an analysis of criminal offenses that are 
                included in State laws (including regulations) that 
                prevent individuals from earning a peer support 
                specialist certification or from practicing as a peer 
                support specialist;
                    (B) an analysis of requirements (if any) under the 
                State plan under title XIX of the Social Security Act 
                (42 U.S.C. 1396 et seq.) or under a waiver of such plan 
                relating to background checks for providers 
                participating under such plan or waiver and the extent 
                to which any such requirements differ from similar 
                requirements imposed under State law (including 
                regulations);
                    (C) an analysis of requirements (if any) of any 
                State receiving a grant under part B of title XIX of 
                the Public Health Service Act (42 U.S.C. 300x et seq.) 
                relating to background checks for providers 
                participating in a program under, or otherwise 
                providing services supported by, such grant;
                    (D) a review of State laws (including regulations) 
                that provide exemptions from prohibitions regarding 
                certification or practice of peer support specialists; 
                and
                    (E) an indication of each State that has gone 
                through the process of amending or otherwise changing 
                criminal background check laws (including regulations) 
                for the certification and practice of peer support 
                specialists; and
            (3) recommendations to States on criminal background check 
        processes that would reduce barriers to becoming certified as 
        peer support specialists.
    (c) Availability.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall--
            (1) post the report required under subsection (a) on the 
        publicly accessible internet website of the Substance Abuse and 
        Mental Health Services Administration; and
            (2) distribute such report to--
                    (A) State agencies responsible for certification of 
                peer support specialists;
                    (B) the Centers for Medicare & Medicaid Services;
                    (C) State agencies responsible for carrying out a 
                State plan under title XIX of the Social Security Act 
                or under a waiver of such plan; and
                    (D) State agencies responsible for carrying out a 
                grant under part B of title XIX of the Public Health 
                Service Act (42 U.S.C. 300x et seq.).
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