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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4989 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4989

To facilitate nationwide accessibility and coordination of 211 services 
      for information and referral for mental health emergencies, 
homelessness needs, other human services needs, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2020

 Mr. Casey (for himself, Mrs. Gillibrand, Ms. Duckworth, Mr. Merkley, 
Ms. Hirono, Mr. Brown, Mr. Blumenthal, and Ms. Baldwin) 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 
      for information and referral for mental health emergencies, 
homelessness needs, other 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 2020'' or the ``HELP Act of 2020''.

SEC. 2. PURPOSES.

    The purposes of this Act are as follows:
            (1) To strengthen the existing 211 services in States 
        throughout the Nation.
            (2) To increase the availability, reliability, and 
        responsiveness of 211 information and referral 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 needed 
        human services.
            (5) To reduce the arrests, incarcerations, and law 
        enforcement violence that occur from inappropriate 911 
        emergency referrals.

SEC. 3. ALLOTMENTS TO STRENGTHEN NATIONWIDE ACCESSIBILITY AND 
              COORDINATION OF 211 SERVICE FOR INFORMATION AND REFERRAL 
              FOR HUMAN SERVICES.

    (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 211 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 services are accessible to all individuals 
        in each State; and
            (2) strengthening the reliability, accessibility, and 
        responsiveness of methods of communication through the 211 
        service, in order to provide information and referrals with 
        respect to human services, including mental health emergency 
        resources, homelessness resources, suicide prevention 
        resources, domestic violence resources, resources to identify 
        and address child and elder abuse and exploitation, caregiver 
        and child care resources, and other human service needs.
    (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, 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 211 Collaborative may 
        retain the greater of \1/2\ of 1 percent of such allotment or 
        $50,000, for administrative costs.
    (c) 211 National Board.--
            (1) In general.--The Secretary shall establish a 211 
        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
                    (C) evaluating State 211 systems.
            (2) Membership.--
                    (A) In general.--The 211 National Board shall be 
                comprised of not fewer than 15 members selected by the 
                Secretary in accordance with subparagraph (B), of which 
                7 shall be permanent members, and 8 shall serve 3-year, 
                rotating terms.
                    (B) Members.--
                            (i) Permanent members.--The 7 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; and
                                    (VII) the National Alliance to End 
                                Homelessness.
                            (ii) Rotating members.--The 8 rotating 
                        members shall be selected by the Secretary, 
                        with input from stakeholders and advocates, and 
                        shall include--
                                    (I) 2 representatives of faith-
                                based organizations 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; and
                                    (VII) 1 representative of a secular 
                                organization dedicated to providing 
                                human services.
                            (iii) Additional rotating members.--In 
                        addition to the members appointed under clauses 
                        (i) and (ii), the Secretary may appoint to the 
                        211 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 211 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; and
                                    (V) the Department of Commerce.
            (3) Fiscal agent.--The Office of the Secretary of Health 
        and Human Services shall be the fiscal agent of the 211 
        National Board.
            (4) Chair and vice chair.--
                    (A) Chair selection.--The Chair of the 211 National 
                Board shall be selected by the 211 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 211 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) 211 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 ``211 Collaborative'') for 
                purposes of meeting the requirements of this 
                subsection.
                    (B) 211 collaborative.--A State lead entity shall 
                be treated as the State 211 Collaborative under this 
                subsection if the entity--
                            (i)(I) exists for such purpose--
                                    (aa) under State law; or
                                    (bb) by order of the State public 
                                utility commission; and
                            (II) collaborates, to the extent 
                        practicable, with the entities listed in clause 
                        (ii); 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) State agencies;
                                    (III) 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;
                                    (IV) faith-based organizations 
                                dedicated to providing human services;
                                    (V) nonprofit organizations 
                                providing human services;
                                    (VI) comprehensive and specialized 
                                information and referral providers, 
                                including area agencies on aging, aging 
                                and disability resource centers, and 
                                211 call centers;
                                    (VII) State and regional 
                                foundations; and
                                    (VIII) businesses headquartered in, 
                                or with significant presence in, the 
                                State.
            (2) 211 state oversight council.--
                    (A) In general.--Each State receiving an allotment 
                under this section shall establish a 211 State 
                Oversight Council (referred to in this section as a 
                ``Council'') to provide guidance and oversight of the 
                211 system to the State 211 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 adults over the age 
                                of 60;
                                    (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.); and
                                    (IX) at least 1 business 
                                representative.
                            (ii) Conflicts of interest.--No Council 
                        member may be an employee of an entity that 
                        receives a subgrant from the State 211 
                        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 211 
                        application to the 211 National Board;
                            (ii) reviewing the annual 211 Collaborative 
                        budget;
                            (iii) identifying topics for, and ensuring 
                        an evaluation of, the State 211 service 
                        consistent with subsection (h)(2);
                            (iv) monitoring the State 211 service to 
                        ensure that such 211 service is racially 
                        equitable; and
                            (v) making recommendations to increase the 
                        awareness and effectiveness of 211 services in 
                        all parts of the State and all communities.
    (e) Application.--The 211 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 211 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 211 Collaborative will--
                    (A) ensure that every resident of the State with 
                phone or internet service can connect to the 211 
                service at no charge; and
                    (B) make available, throughout the State, 211 
                service information and referral with respect to human 
                services, including information on the manner in which 
                the 211 Collaborative will develop, sustain, and 
                evaluate the 211 service program.
            (2) Information on the sources of funding and other 
        resources for the State 211 service for purposes of meeting the 
        requirements under subsection (b)(2).
            (3) Information describing how the 211 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 human services programs in the 
        State.
            (4) Assurances that all activities and information provided 
        by the 211 service and all entities receiving subgrants 
        pursuant to this section will be 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 211 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 service;
                    (B) for the operation and maintenance of 211 call 
                centers;
                    (C) for the collection and display of information 
                in the statewide database;
                    (D) for increasing public awareness of 211 service 
                in the State;
                    (E) for coordination of the State's 211 service, 
                including the collection, accessibility, and display of 
                information through a national data platform;
                    (F) to conduct statewide and regional planning;
                    (G) for start-up costs of extending 211 service to 
                unserved areas, including costs of software and 
                hardware upgrades and telecommunications and internet 
                costs;
                    (H) to ensure that 211 service is 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 activities;
                    (M) for internet hosting and site development and 
                maintenance for a statewide database;
                    (N) for cloud-based data and messaging capacity;
                    (O) to integrate or consolidate 211 services within 
                the State;
                    (P) to integrate or share resources and service-
                level data with national platforms hosted by the 211 
                National Board;
                    (Q) to prepare and submit State and national 
                reporting requirements and other activities approved by 
                the 211 State Oversight Council; or
                    (R) to carry out other activities approved by the 
                211 National Board.
            (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 service; 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, and 311 call 
                centers, if applicable.
    (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--
                    (A) to make available 211 service to all 
                individuals in a State via voice, short message service 
                or other messaging, internet, or other 
                telecommunication methods; or
                    (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 service 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; and
                    (B) 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 service.
            (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 211 collaborative of each 
        State receiving an allotment under this section shall submit to 
        the 211 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 with service, 211 service for information and 
                referrals with respect to human services in accordance 
                with the provisions of this section; and
                    (C) assess the effectiveness of collaboration with 
                human services resource and referral entities and 
                service providers.
            (2) Evaluation.--Each State 211 Collaborative shall award a 
        contract to an independent entity to conduct an evaluation of 
        the State 211 system biennially. The evaluation shall address--
                    (A) the effectiveness of the State 211 service at 
                connecting residents to needed human services;
                    (B) the effectiveness of collaborations among 211 
                partners;
                    (C) the effects of the State 211 service on 911 law 
                enforcement, fire, and medical emergency services;
                    (D) the comprehensiveness of the information in the 
                State 211 database;
                    (E) public awareness of the State 211 service;
                    (F) user satisfaction with the State 211 service; 
                and
                    (G) other topics identified by the 211 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) 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.
            (3) 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.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act $350,000,000 for each of fiscal years 2021 and 2022 and 
$300,000,000 for each of fiscal years 2023 through 2027.
    (b) Reservation.--Of the amount appropriated under this section for 
a fiscal year, the 211 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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