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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 3949

To amend title V of the Public Health Service Act to ensure protections 
 for lesbian, gay, bisexual, and transgender youth and their families.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2024

 Ms. Butler (for herself, Ms. Smith, Mr. Markey, Mr. Casey, Mr. Welch, 
 Mr. Padilla, Mr. Merkley, Mr. Booker, 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 amend title V of the Public Health Service Act to ensure protections 
 for lesbian, gay, bisexual, and transgender youth and their families.

    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 ``Pride In Mental Health Act of 
2024''.

SEC. 2. GRANTS FOR MENTAL HEALTH SERVICES FOR LGBTQ+ YOUTH.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:

``SEC. 520O. GRANTS FOR MENTAL HEALTH SERVICES FOR LGBTQ+ YOUTH.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Mental Health and Substance Use (referred to in this 
section as the `Secretary'), shall establish a program under which the 
Secretary will award grants to eligible entities to assess and improve 
lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, 
intersex, and Two Spirit youth mental health and substance use 
outcomes.
    ``(b) Use of Funds.--An eligible entity receiving a grant under 
this section shall use funds received through such grant--
            ``(1) to provide behavioral health and crisis intervention 
        resources for lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, intersex, and Two Spirit youth, 
        including trauma-informed care;
            ``(2) to provide cultural competency training for 
        caregivers;
            ``(3) to develop and disseminate behavioral health and 
        crisis intervention resources for lesbian, gay, bisexual, 
        transgender, queer or questioning, nonbinary, intersex, and Two 
        Spirit youth, and their families and caregivers;
            ``(4) to develop and disseminate evidence-based practices 
        to be added to the Evidence-Based Practices Resource Center of 
        the Substance Abuse and Mental Health Administration;
            ``(5) to collect data with respect to the behavioral health 
        of lesbian, gay, bisexual, transgender, queer or questioning, 
        nonbinary, intersex, and Two Spirit youth;
            ``(6) to issue school bullying prevention guidelines with 
        respect to lesbian, gay, bisexual, transgender, queer or 
        questioning, nonbinary, intersex, and Two Spirit youth;
            ``(7) to provide for the integration within school systems 
        of behavioral health services for lesbian, gay, bisexual, 
        transgender, queer or questioning, nonbinary, intersex, and Two 
        Spirit youth;
            ``(8) to establish and implement behavioral health patient 
        navigator programs for lesbian, gay, bisexual, transgender, 
        queer or questioning, nonbinary, intersex, and Two Spirit 
        youth, and their families; and
            ``(9) to create and disseminate family acceptance and 
        support models for lesbian, gay, bisexual, transgender, queer 
        or questioning, nonbinary, intersex, and Two Spirit youth, and 
        their families and caregivers.
    ``(c) Limitation.--
            ``(1) In general.--An eligible entity selected to receive a 
        grant under this section shall agree, as a condition on 
        receiving the grant that such funds shall not be used--
                    ``(A) to provide conversion therapy to any 
                individual;
                    ``(B) to advertise for the provision of conversion 
                therapy and claim in such advertising--
                            ``(i) to change another individual's sexual 
                        orientation or gender identity;
                            ``(ii) to eliminate or reduce sexual or 
                        romantic attractions or feelings toward 
                        individuals of the same gender; or
                            ``(iii) that such efforts are harmless or 
                        without risk to individuals receiving such 
                        therapy;
                    ``(C) to knowingly assist or facilitate the 
                provision of conversion therapy to an individual if 
                such person receives compensation from any source in 
                connection with providing conversion therapy; or
                    ``(D) to promote or direct an individual to 
                conversion therapy resources or providers.
            ``(2) Conversion therapy defined.--In this subsection, the 
        term `conversion therapy'--
                    ``(A) means any practice or treatment by any person 
                that seeks to change another individual's sexual 
                orientation or gender identity, including efforts to 
                change behaviors or gender expressions, or to eliminate 
                or reduce sexual or romantic attractions or feelings 
                toward individuals of the same gender, if such person--
                            ``(i) receives monetary compensation in 
                        exchange for such practice or treatment; or
                            ``(ii) instead of, or in addition to, 
                        receiving monetary compensation in exchange for 
                        such practice or treatment directly, receives 
                        monetary compensation in exchange for a product 
                        or service that is integral to the provision of 
                        such practice or treatment by such person, 
                        unless such product or service is protected by 
                        the First Amendment to the Constitution; and
                    ``(B) does not include any practice or treatment, 
                which does not seek to change sexual orientation or 
                gender identity, that--
                            ``(i) provides assistance to an individual 
                        undergoing a gender transition; or
                            ``(ii) provides acceptance, support, and 
                        understanding of a client or facilitation of a 
                        client's coping, social support, and identity 
                        exploration and development, including sexual 
                        orientation-neutral interventions to prevent or 
                        address unlawful conduct or unsafe sexual 
                        practices.
    ``(d) Review of Reports.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Secretary shall review, and 
        update as necessary, the reports and publications listed on the 
        internet website of the Substance Abuse and Mental Health 
        Administration as of the date of the enactment of this section 
        that are focused on lesbian, gay, bisexual, transgender, queer 
        or questioning, nonbinary, intersex, and Two Spirit 
        individuals.
            ``(2) Priority.--In reviewing reports and publications 
        under paragraph (1), the Secretary shall prioritize updating 
        older reports and commissioning new reports that fill 
        information gaps with respect to the behavioral health of 
        lesbian, gay, bisexual, transgender, queer or questioning, 
        nonbinary, intersex, and Two Spirit individuals.
    ``(e) Federal Survey.--The Secretary shall develop and conduct a 
Federal survey measuring serious psychological distress, mental 
illness, mental health, and mental health care among lesbian, gay, 
bisexual, transgender, queer or questioning, nonbinary, intersex, and 
Two Spirit youth. In developing such survey, the Secretary may consider 
integrating such survey as an enhanced feature of the National Survey 
on Drug Use and Health.
    ``(f) Report.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Secretary shall, in 
        consultation with the Director of the National Institute of 
        Mental Health and the Assistant Secretary for the 
        Administration for Children and Families, commence a report on 
        mental health, mental health care, and cultural competency in 
        mental health care for lesbian, gay, bisexual, transgender, 
        queer or questioning, nonbinary, intersex, and Two Spirit youth 
        in foster care and who are beneficiaries of other social 
        services programs subject to Federal oversight.
            ``(2) Submission to congress.--Not later than 2 years after 
        the date of the enactment of this section, the Secretary shall 
        submit the report required under paragraph (1) to the Committee 
        on Health, Education, Labor, and Pensions of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives.''.
                                 <all>
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