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Union Calendar No. 453 

116TH CONGRESS 

2D SESSION H. R. 1109 

[Report No. 116–553] 

To amend the Public Health Service Act to revise and extend projects relating 

to children and to provide access to school-based comprehensive mental 

health programs. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2019 

Mrs. NAPOLITANO (for herself, Mr. KATKO, Mr. LOWENTHAL, Ms. DELBENE, 

Mr. TONKO, Mr. CICILLINE, Mr. PAYNE, Mr. LUJA ́N, Mr. DOGGETT, Ms. 

MCCOLLUM, Mr. MOULTON, Mr. SCHIFF, Mr. WELCH, Mr. HECK, Mr. 

GRIJALVA, Ms. HILL of California, Ms. JUDY CHU of California, Mr. 

KILMER, Ms. WILSON of Florida, Ms. KELLY of Illinois, Miss RICE of 

New York, Mr. RYAN, Mr. KHANNA, Mr. REED, Mr. LARSEN of Washington, Ms. JACKSON LEE, Ms. MOORE, Mr. DESAULNIER, Ms. PINGREE, 

Mrs. LAWRENCE, Ms. SPEIER, Mr. PANETTA, Mr. SOTO, Ms. ROYBALALLARD, Mrs. WATSON COLEMAN, Mr. RUPPERSBERGER, Mr. 

CA ́RDENAS, Mr. AGUILAR, Mr. GOMEZ, Mr. DEFAZIO, Mr. MCGOVERN, 

Mr. BLUMENAUER, Ms. OMAR, Mrs. MURPHY of Florida, Mr. SABLAN, 

Mr. GALLEGO, Mr. SUOZZI, Mr. COHEN, Mr. CISNEROS, Ms. MATSUI, 

Ms. SA ́NCHEZ, Ms. KUSTER of New Hampshire, Mrs. CAROLYN B. 

MALONEY of New York, Ms. JOHNSON of Texas, Mr. RASKIN, Mr. 

CARBAJAL, Ms. CASTOR of Florida, and Mr. MCNERNEY) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 


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SEPTEMBER 29, 2020 

Additional sponsors: Mr. POCAN, Mrs. DEMINGS, Mr. SAN NICOLAS, Mr. GONZALEZ of Texas, Mr. SERRANO, Mrs. DINGELL, Mr. DAVID SCOTT of 

Georgia, Mr. RICHMOND, Mr. GARCI ́A of Illinois, Mr. RUSH, Ms. LOFGREN, Ms. BARRAGA ́N, Ms. MUCARSEL-POWELL, Mr. VEASEY, Mr. HASTINGS, Mr. HARDER of California, Ms. CLARKE of New York, Ms. NORTON, Mr. KENNEDY, Mr. CUMMINGS, Mr. CLAY, Mr. YARMUTH, Ms. 

HOULAHAN, Mr. CROW, Mr. GOLDEN, Mr. MAST, Mr. PAPPAS, Mr. 

PRICE of North Carolina, Ms. SCANLON, Mr. ROUDA, Mr. FITZPATRICK, 

Mr. KIM, Ms. BASS, Mr. DELGADO, Mr. SHERMAN, Ms. WATERS, Ms. 

BROWNLEY of California, Mr. TED LIEU of California, Ms. TLAIB, Mr. 

HIMES, Mrs. TORRES of California, Ms. KENDRA S. HORN of Oklahoma, 

Ms. BLUNT ROCHESTER, Ms. KAPTUR, Mr. PHILLIPS, Mrs. LEE of Nevada, Mr. LIPINSKI, Ms. SLOTKIN, Mr. DEUTCH, Ms. GARCIA of Texas, 

Mr. CASTRO of Texas, Mr. CORREA, Mr. VARGAS, Ms. CRAIG, Mr. LEVIN

of California, Mrs. AXNE, Mr. TRONE, Mr. SIRES, Ms. WILD, Mrs. 

HAYES, Ms. TITUS, Mr. MORELLE, Mr. LEVIN of Michigan, Ms. DEAN, 

Mr. COOPER, Mr. ENGEL, Mr. CASTEN of Illinois, Ms. TORRES SMALL

of New Mexico, Ms. LEE of California, Ms. PORTER, Mr. VAN DREW, Ms. 

SHERRILL, Ms. SCHAKOWSKY, Mrs. BEATTY, Mr. CONNOLLY, Mr. 

O’HALLERAN, Ms. FINKENAUER, and Mrs. KIRKPATRICK

SEPTEMBER 29, 2020 

Reported with an amendment; committed to the Committee of the Whole 

House on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 8, 2019] 

A BILL 

To amend the Public Health Service Act to revise and extend 

projects relating to children and to provide access to 

school-based comprehensive mental health programs. 


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•HR 1109 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mental Health Services 

5 for Students Act of 2020’’. 

6 SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 

7 ACT. 

8 (a) TECHNICAL AMENDMENTS.—The second part G 

9 (relating to services provided through religious organiza10 tions) of title V of the Public Health Service Act (42 U.S.C. 

11 290kk et seq.) is amended— 

12 (1) by redesignating such part as part J; and 

13 (2) by redesignating sections 581 through 584 as 

14 sections 596 through 596C, respectively. 

15 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL16 DREN.—Section 581 of the Public Health Service Act (42 

17 U.S.C. 290hh) (relating to children and violence) is amend18 ed to read as follows: 

19 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN 

20 AND ADOLESCENTS. 

21 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

22 with the Secretary of Education, shall, through grants, con23 tracts, or cooperative agreements awarded to eligible entities 

24 described in subsection (c), provide comprehensive school25 based mental health services and supports to assist children 


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1 in local communities and schools (including schools funded 

2 by the Bureau of Indian Education) dealing with trau3 matic experiences, grief, bereavement, risk of suicide, and 

4 violence. Such services and supports shall be— 

5 ‘‘(1) developmentally, linguistically, and cul6 turally appropriate; 

7 ‘‘(2) trauma-informed; and 

8 ‘‘(3) incorporate positive behavioral interven9 tions and supports. 

10 ‘‘(b) ACTIVITIES.—Grants, contracts, or cooperative 

11 agreements awarded under subsection (a), shall, as appro12 priate, be used for— 

13 ‘‘(1) implementation of school and community14 based mental health programs that— 

15 ‘‘(A) build awareness of individual trauma 

16 and the intergenerational, continuum of impacts 

17 of trauma on populations; 

18 ‘‘(B) train appropriate staff to identify, 

19 and screen for, signs of trauma exposure, mental 

20 health disorders, or risk of suicide; and 

21 ‘‘(C) incorporate positive behavioral inter22 ventions, family engagement, student treatment, 

23 and multigenerational supports to foster the 

24 health and development of children, prevent menVerDate Sep 11 2014 00:36 Sep 30, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1109.RH H1109

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1 tal health disorders, and ameliorate the impact 

2 of trauma; 

3 ‘‘(2) technical assistance to local communities 

4 with respect to the development of programs described 

5 in paragraph (1); 

6 ‘‘(3) facilitating community partnerships among 

7 families, students, law enforcement agencies, edu8 cation agencies, mental health and substance use dis9 order service systems, family-based mental health 

10 service systems, child welfare agencies, health care 

11 providers (including primary care physicians, mental 

12 health professionals, and other professionals who spe13 cialize in children’s mental health such as child and 

14 adolescent psychiatrists), institutions of higher edu15 cation, faith-based programs, trauma networks, and 

16 other community-based systems to address child and 

17 adolescent trauma, mental health issues, and violence; 

18 and 

19 ‘‘(4) establishing mechanisms for children and 

20 adolescents to report incidents of violence or plans by 

21 other children, adolescents, or adults to commit vio22 lence. 

23 ‘‘(c) REQUIREMENTS.— 


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1 ‘‘(1) IN GENERAL.—To be eligible for a grant, 

2 contract, or cooperative agreement under subsection 

3 (a), an entity shall be a partnership that includes— 

4 ‘‘(A) a State educational agency, as defined 

5 in section 8101 of the Elementary and Sec6 ondary Education Act of 1965, in coordination 

7 with one or more local educational agencies, as 

8 defined in section 8101 of the Elementary and 

9 Secondary Education Act of 1965, or a consor10 tium of any entities described in subparagraph 

11 (B), (C), (D), or (E) of section 8101(30) of such 

12 Act; and 

13 ‘‘(B) at least 1 community-based mental 

14 health provider, including a public or private 

15 mental health entity, health care entity, family16 based mental health entity, trauma network, or 

17 other community-based entity, as determined by 

18 the Secretary (and which may include addi19 tional entities such as a human services agency, 

20 law enforcement or juvenile justice entity, child 

21 welfare agency, agency, an institution of higher 

22 education, or another entity, as determined by 

23 the Secretary). 

24 ‘‘(2) COMPLIANCE WITH HIPAA.—Any patient 

25 records developed by covered entities through activities 


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1 under the grant shall meet the regulations promul2 gated under section 264(c) of the Health Insurance 

3 Portability and Accountability Act of 1996. 

4 ‘‘(3) COMPLIANCE WITH FERPA.—Section 444 of 

5 the General Education Provisions Act (commonly 

6 known as the ‘Family Educational Rights and Pri7 vacy Act of 1974’) shall apply to any entity that is 

8 a member of the partnership in the same manner that 

9 such section applies to an educational agency or in10 stitution (as that term is defined in such section). 

11 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary 

12 shall ensure that grants, contracts, or cooperative agree13 ments under subsection (a) will be distributed equitably 

14 among the regions of the country and among urban and 

15 rural areas. 

16 ‘‘(e) DURATION OF AWARDS.—With respect to a grant, 

17 contract, or cooperative agreement under subsection (a), the 

18 period during which payments under such an award will 

19 be made to the recipient shall be 5 years, with options for 

20 renewal. 

21 ‘‘(f) EVALUATION AND MEASURES OF OUTCOMES.— 

22 ‘‘(1) DEVELOPMENT OF PROCESS.—The Assistant 

23 Secretary shall develop a fiscally appropriate process 

24 for evaluating activities carried out under this sec25 tion. Such process shall include— 


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1 ‘‘(A) the development of guidelines for the 

2 submission of program data by grant, contract, 

3 or cooperative agreement recipients; 

4 ‘‘(B) the development of measures of out5 comes (in accordance with paragraph (2)) to be 

6 applied by such recipients in evaluating pro7 grams carried out under this section; and 

8 ‘‘(C) the submission of annual reports by 

9 such recipients concerning the effectiveness of 

10 programs carried out under this section. 

11 ‘‘(2) MEASURES OF OUTCOMES.—The Assistant 

12 Secretary shall develop measures of outcomes to be ap13 plied by recipients of assistance under this section to 

14 evaluate the effectiveness of programs carried out 

15 under this section, including outcomes related to the 

16 student, family, and local educational systems sup17 ported by this Act. 

18 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An eligible 

19 entity described in subsection (c) that receives a 

20 grant, contract, or cooperative agreement under this 

21 section shall annually submit to the Assistant Sec22 retary a report that includes data to evaluate the suc23 cess of the program carried out by the entity based on 

24 whether such program is achieving the purposes of the 

25 program. Such reports shall utilize the measures of 


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1 outcomes under paragraph (2) in a reasonable man2 ner to demonstrate the progress of the program in 

3 achieving such purposes. 

4 ‘‘(4) EVALUATION BY ASSISTANT SECRETARY.— 

5 Based on the data submitted under paragraph (3), 

6 the Assistant Secretary shall annually submit to Con7 gress a report concerning the results and effectiveness 

8 of the programs carried out with assistance received 

9 under this section. 

10 ‘‘(5) LIMITATION.—An eligible entity shall use 

11 not more than 20 percent of amounts received under 

12 a grant under this section to carry out evaluation ac13 tivities under this subsection. 

14 ‘‘(g) INFORMATION AND EDUCATION.—The Secretary 

15 shall disseminate best practices based on the findings of the 

16 knowledge development and application under this section. 

17 ‘‘(h) AMOUNT OF GRANTS AND AUTHORIZATION OF AP18 PROPRIATIONS.— 

19 ‘‘(1) AMOUNT OF GRANTS.—A grant under this 

20 section shall be in an amount that is not more than 

21 $2,000,000 for each of the first 5 fiscal years following 

22 the date of enactment of the Mental Health Services 

23 for Students Act of 2019. The Secretary shall deter24 mine the amount of each such grant based on the popVerDate Sep 11 2014 00:36 Sep 30, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1109.RH H1109

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1 ulation of children up to age 21 of the area to be 

2 served under the grant. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this section, $130,000,000 for each of fiscal years 2021 

6 through 2024.’’. 

7 (c) CONFORMING AMENDMENT.—Part G of title V of 

8 the Public Health Service Act (42 U.S.C. 290hh et seq.), 

9 as amended by subsection (b), is further amended by strik10 ing the part designation and heading and inserting the fol11 lowing: 

12 ‘‘PART G—SCHOOL-BASED MENTAL HEALTH’’. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 453 

116TH CONGRESS 

2D SESSION H. R. 1109 

[Report No. 116–553] 

A BILL 

To amend the Public Health Service Act to revise 

mental health programs. provide access to school-based comprehensive and extend projects relating to children and to 

SEPTEMBER 29, 2020 

Reported with an amendment; committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union 


kjohnson on DSK79L0C42PROD with BILLS