II 

117TH CONGRESS 

1ST SESSION S. 3048 

To authorize the Secretary of Education to establish an Advisory Commission 

on Serving and Supporting Students with Mental Health Disabilities 

in Institutions of Higher Education, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2021 

Mr. CASEY (for himself, Mr. KAINE, Ms. SMITH, Mr. BLUMENTHAL, Ms. KLOBUCHAR, and Mr. PADILLA) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

A BILL 

To authorize the Secretary of Education to establish an 

Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of 

Higher Education, and for other purposes. 

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 ‘‘Higher Education 

5 Mental Health Act of 2021’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) More than 75 percent of mental health con2 ditions begin before the age of 24. 

3 (2) More than 25 percent of students between 

4 the ages of 18 and 24 reported a mental health con5 cern. 

6 (3) More than 50 percent of students between 

7 the ages of 18 and 24 reported having a severe psy8 chological problem. 

9 (4) More than 50 percent of students between 

10 the ages of 18 and 24 reported feelings of hopeless11 ness. 

12 (5) Higher education counseling centers are de13 voting more time to rapid-response treatment with 

14 more than 25 percent of students who sought help 

15 reporting they had intentionally hurt themselves. 

16 (6) Over a 5-year period, counseling center uti17 lization increased by an average of 30 to 40 percent, 

18 while enrollment increased by only 5 percent, forcing 

19 institutions to stretch mental health services to more 

20 students without increasing resources. 

21 (b) PURPOSES.—The purposes of this Act are the fol22 lowing: 

23 (1) To ensure States and institutions of higher 

24 education are provided with accurate information on 

25 the mental health concerns facing students. 


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1 (2) To provide detailed recommendations that 

2 institutions of higher education, States, and the 

3 Federal Government can take to improve the mental 

4 health services available to students and properly 

5 treat the rising number of students with mental 

6 health issues. 

7 SEC. 3. ADVISORY COMMISSION ON SERVING AND SUP8 PORTING STUDENTS WITH MENTAL HEALTH 

9 DISABILITIES IN INSTITUTIONS OF HIGHER 

10 EDUCATION. 

11 (a) IN GENERAL.—The Secretary of Education shall 

12 establish a commission to be known as the Advisory Com13 mission on Serving and Supporting Students with Mental 

14 Health Disabilities in Institutions of Higher Education 

15 (referred to in this section as the ‘‘Commission’’). 

16 (b) MEMBERSHIP.— 

17 (1) TOTAL NUMBER OF MEMBERS.—The Com18 mission shall include not more than 20 members, 

19 who shall be appointed by the Secretary of Edu20 cation in accordance with paragraphs (2) and (3). 

21 (2) MEMBERS OF THE COMMISSION.—The 

22 Commission shall include 1 representative from each 

23 of the following: 

24 (A) The Office of Postsecondary Education 

25 of the Department of Education. 


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1 (B) The Office of Special Education and 

2 Rehabilitation Services of the Department of 

3 Education. 

4 (C) The Office of Civil Rights of the De5 partment of Education. 

6 (D) The Office of Civil Rights of the De7 partment of Justice. 

8 (E) The National Council on Disability. 

9 (F) A membership association for adminis10 trative and personnel professionals focused on 

11 creating an inclusive higher education environ12 ment for individuals with disabilities, as deter13 mined by the Secretary of Education. 

14 (G) An organization that represents the 

15 Protection and Advocacy for Individuals with 

16 Mental Illness program. 

17 (H) An organization operated by and rep18 resenting secondary and postsecondary edu19 cation students with mental health disabilities 

20 advocating for mental health services and sui21 cide prevention. 

22 (I) An organization representing college 

23 and university counseling directors. 

24 (3) ADDITIONAL MEMBERS OF THE COMMIS25 SION.—In addition to the members included under 


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1 paragraph (2), the Commission shall include the fol2 lowing: 

3 (A) Four members from leadership of in4 stitutions of higher education who have dem5 onstrated experience in successfully supporting 

6 the retention and graduation of students with 

7 mental health disabilities, including from coun8 seling and psychiatric services staff. With re9 spect to such 4 members, 1 member shall be a 

10 staff member of a 2-year degree-granting insti11 tution of higher education, 1 member shall be 

12 a staff member from a 4-year degree-granting 

13 institution of higher education, 1 member shall 

14 be a member of campus law enforcement, and 

15 1 member shall serve as a general counsel. Such 

16 4 members shall represent institutions of dif17 fering sizes. 

18 (B) Three members from family members 

19 of individuals who are— 

20 (i) enrolled in an institution of higher 

21 education on the date such family member 

22 is appointed to the Commission; or 

23 (ii) former students with a mental 

24 health disability. 


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1 (C) Four members from individuals with 

2 mental health disabilities, including not less 

3 than 2 individuals enrolled in an institution of 

4 higher education on the date of appointment to 

5 the Commission. Any remaining member shall 

6 be an individual with a mental health disability 

7 who has attended an institution of higher edu8 cation. 

9 (4) TIMING.—The Secretary of Education shall 

10 establish the Commission and appoint the members 

11 of the Commission not later than 60 days after the 

12 date of enactment of this Act. 

13 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The 

14 Commission shall select a chairperson and vice chair15 person from among the members of the Commission. Ei16 ther the chairperson or the vice chairperson shall be a stu17 dent or former student with a mental health disability. 

18 (d) MEETINGS.— 

19 (1) IN GENERAL.—The Commission shall meet 

20 at the call of the chairperson, but not less often than 

21 8 times. 

22 (2) FIRST MEETING.—Not later than 60 days 

23 after the appointment of the members of the Com24 mission under subsection (b), the Commission shall 

25 hold the Commission’s first meeting. 


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1 (e) DUTIES.—The Commission shall conduct a study, 

2 using the highest quality and most representative data and 

3 research available, and prepare a report for the Secretary 

4 of Education that includes the following: 

5 (1) Findings from stakeholders, including 

6 through solicitation of public testimony, related to 

7 the challenges faced by students with mental health 

8 disabilities in institutions of higher education, in9 cluding— 

10 (A) the services available to students with 

11 mental health disabilities in institutions of high12 er education and their effectiveness in sup13 porting these students; 

14 (B) the impact of policies and procedures 

15 that help or hinder the goal of providing equal 

16 opportunity for students with mental health dis17 abilities, such as reasonable accommodation 

18 policies, mandatory and voluntary leave policies, 

19 and disciplinary policies; 

20 (C) the use of protected health information 

21 of students with mental health disabilities by 

22 institutions of higher education, including the 

23 extent to which campus-based mental health 

24 providers share this information with college or 

25 university officials without student consent; and 


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1 (D) the impact of providing mental health 

2 services on a student’s academic performance, 

3 well-being, and ability to complete college. 

4 (2) Conclusions on the major challenges facing 

5 students with mental health disabilities in institu6 tions of higher education. 

7 (3) Recommendations to improve the overall 

8 education, and retention and graduation, of students 

9 with mental health disabilities in institutions of 

10 higher education, with the goal of helping these stu11 dents access educational opportunities equal to those 

12 of their non-disabled peers. 

13 (f) COMMISSION PERSONNEL MATTERS.— 

14 (1) TRAVEL EXPENSES.—The members of the 

15 Commission shall not receive compensation for the 

16 performance of services for the Commission, but 

17 shall be allowed reasonable travel expenses, including 

18 per diem in lieu of subsistence, at rates authorized 

19 for employees of agencies under subchapter I of 

20 chapter 57 of title 5, United States Code, while 

21 away from their homes or regular places of business 

22 in the performance of services for the Commission. 

23 Notwithstanding section 1342 of title 31, United 

24 States Code, the Secretary of Education may accept 


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1 the voluntary and uncompensated services of mem2 bers of the Commission. 

3 (2) STAFF.—The Secretary of Education may 

4 designate such personnel as may be necessary to en5 able the Commission to perform its duties. 

6 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 

7 Any Federal Government employee, with the ap8 proval of the head of the appropriate Federal agen9 cy, may be detailed to the Commission without reim10 bursement, and such detail shall be without inter11 ruption of loss of civil service status or privilege. 

12 (4) FACILITIES, EQUIPMENT, AND SERVICES.— 

13 The Secretary of Education shall make available to 

14 the Commission, under such arrangements as may 

15 be appropriate, necessary equipment, supplies, and 

16 services. 

17 (g) REPORTS.— 

18 (1) INTERIM AND FINAL REPORTS.—The Com19 mission shall prepare and submit to the Secretary of 

20 Education, as well as the Committee on Health, 

21 Education, Labor, and Pensions of the Senate and 

22 the Committee on Education and Labor of the 

23 House of Representatives— 

24 (A) an interim report that summarizes the 

25 progress of the Commission, along with any inVerDate Sep 11 2014 02:59 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3048.IS S3048

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1 terim findings, conclusions, and recommenda2 tions as described in subsection (e); and 

3 (B) a final report that states final find4 ings, conclusions, and recommendations as de5 scribed in subsection (e). 

6 (2) PREPARATION AND SUBMISSION.—The re7 ports described in paragraph (1) shall be prepared 

8 and submitted— 

9 (A) in the case of the interim report, not 

10 later than 1 year after the date on which all the 

11 members of the Commission are appointed; and 

12 (B) in the case of the final report, not 

13 later than 2 years after the date on which all 

14 the members of the Commission are appointed. 

15 (h) TERMINATION.—The Commission shall terminate 

16 on the day after the date on which the Commission sub17 mits the final report under subsection (g). 

Æ 


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