II 

117TH CONGRESS 

2D SESSION S. 3696 

To establish the position of Interagency Coordinator for Behavioral Health 

to coordinate the programs and activities of the Federal Government 

relating to mental health, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2022 

Mr. WARNOCK (for himself, Mr. PADILLA, and Ms. STABENOW) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To establish the position of Interagency Coordinator for Behavioral Health to coordinate the programs and activities 

of the Federal Government relating to mental health, 

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 ‘‘Behavioral Health Co5 ordination and Communication Act of 2022’’. 

6 SEC. 2. INTERAGENCY COORDINATOR FOR BEHAVIORAL 

7 HEALTH. 

8 (a) POSITION.— 


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1 (1) APPOINTMENT.—There is established in the 

2 Executive Office of the President an Interagency Co3 ordinator for Behavioral Health (in this Act referred 

4 to as the ‘‘Interagency Coordinator’’) who shall— 

5 (A) be appointed by the President, by and 

6 with the advice and consent of the Senate; and 

7 (B) report directly to the President. 

8 (2) QUALIFICATIONS.—The Interagency Coordi9 nator shall have— 

10 (A) expertise in mental health and sub11 stance use disorders; and 

12 (B) administrative experience. 

13 (3) TERM.—The Interagency Coordinator shall 

14 be appointed for a term of 5 years. The same indi15 vidual may be reappointed to serve as the Inter16 agency Coordinator for subsequent 5-year terms. 

17 (4) RATE OF PAY.—To the extent or in the 

18 amounts provided in advance in appropriation Acts, 

19 the Interagency Coordinator shall be paid at a rate 

20 equal to the rate of basic pay for level I of the Exec21 utive Schedule. 

22 (b) PRINCIPAL RESPONSIBILITY.— 

23 (1) IN GENERAL.—The Interagency Coordi24 nator shall coordinate the programs and activities of 


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1 the Federal Government relating to mental health 

2 and substance use disorders. 

3 (2) CONSULTATION.— 

4 (A) REQUIRED CONSULTATION.—In car5 rying out paragraph (1) with respect to any 

6 program or activity, the Interagency Coordi7 nator shall consult with— 

8 (i) the Assistant Secretary of Defense 

9 for Health Affairs; 

10 (ii) the Attorney General, the Admin11 istrator of the Office of Juvenile Justice 

12 and Delinquency Prevention, and the Di13 rector of the Bureau of Prisons; 

14 (iii) the Director of National Drug 

15 Control Policy; 

16 (iv) the Secretary of Education and 

17 the Assistant Secretary for Special Edu18 cation and Rehabilitative Services; 

19 (v) the Secretary of Health and 

20 Human Services, the Assistant Secretary 

21 for Health, the Assistant Secretary for the 

22 Administration for Children and Families, 

23 the Assistant Secretary for Mental Health 

24 and Substance Use, the Director of the InVerDate Sep 11 2014 00:05 Feb 25, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3696.IS S3696

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1 dian Health Service, and the Deputy As2 sistant Secretary for Minority Health; 

3 (vi) the Secretary of Homeland Secu4 rity; 

5 (vii) the Secretary of Housing and 

6 Urban Development; 

7 (viii) the Secretary of Labor; and 

8 (ix) the Secretary of Veterans Affairs. 

9 (B) ADDITIONAL CONSULTATION.—In car10 rying out paragraph (1) with respect to any 

11 program or activity, the Interagency Coordi12 nator may consult with the Director of the Cen13 ters for Disease Control and Prevention, the 

14 Commissioner of Food and Drugs, the Director 

15 of the National Institutes of Health, the Ad16 ministrator of the Centers for Medicare & Med17 icaid Services, and such additional Federal offi18 cials as the Interagency Coordinator determines 

19 appropriate. 

20 (c) OTHER RESPONSIBILITIES.— 

21 (1) FRAMEWORK FOR MENTAL HEALTH AND

22 SUBSTANCE USE DISORDERS.—The Interagency Co23 ordinator shall work with Federal departments and 

24 agencies to create a framework within and across 

25 such departments and agencies to improve the proviVerDate Sep 11 2014 00:05 Feb 25, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3696.IS S3696

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1 sion of, and access to, mental health and substance 

2 use disorder services. Such framework shall include 

3 the following: 

4 (A) Care coordination to better integrate 

5 mental health and substance use disorder care 

6 into health care settings and ensure seamless 

7 transitions for patients, including by— 

8 (i) promoting mental health and sub9 stance use disorder care earlier in the 

10 health care continuum, including preven11 tion services; 

12 (ii) focusing on providing mental 

13 health and substance use disorder care in 

14 more appropriate settings and locations; 

15 (iii) promoting diversion to mental 

16 health and substance use disorder treat17 ment programs instead of incarceration for 

18 mental health conditions and substance use 

19 disorders; 

20 (iv) improving access to primary care 

21 and other medical services in community 

22 mental health and substance use disorder 

23 settings; 

24 (v) promoting better treatment and 

25 services for mental health conditions and 


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1 substance use disorders while incarcerated; 

2 and 

3 (vi) providing better coordination for 

4 wraparound services at every point in 

5 health care and the justice system for indi6 viduals with mental health conditions and 

7 substance use disorders, including social 

8 supports, housing, education, and employ9 ment. 

10 (B) A focus on adults, children, youth, and 

11 adolescents, and on communities of color, peo12 ple with disabilities, and other marginalized 

13 groups. 

14 (C) Creating and implementing a transi15 tion plan for patients with mental health condi16 tions or substance use disorders who transition 

17 between systems, departments, agencies, or 

18 services. 

19 (2) INVENTORY.—Not later than 1 year after 

20 the date of enactment of this Act, the Interagency 

21 Coordinator shall— 

22 (A) take an inventory of all positions, com23 mittees, task forces, grants, and funding 

24 streams in the Federal Government that are reVerDate Sep 11 2014 00:05 Feb 25, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3696.IS S3696

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1 lated to mental health and substance use dis2 orders; and 

3 (B) provide recommendations to the Presi4 dent, Congress, and relevant Federal depart5 ments and agencies on removing, restructuring, 

6 and reorganizing such positions, committees, 

7 task forces, grants, and funding streams. 

8 (3) PUBLIC WEBSITE.—The Interagency Coor9 dinator shall establish and maintain a public website 

10 that provides reliable information on mental health 

11 and substance use disorders, including insurance in12 formation and navigation tools for the appeals proc13 ess for insurance denials. 

14 (4) BEST PRACTICES.—The Interagency Coor15 dinator shall identify best practices for— 

16 (A) culturally competent and linguistically 

17 appropriate mental health and substance use 

18 disorder care; 

19 (B) comprehensive mental health and sub20 stance use disorder care; 

21 (C) continuity of mental health and sub22 stance use disorder care; 

23 (D) destigmatization of mental health con24 ditions and substance use disorders; and 


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1 (E) public awareness campaigns on mental 

2 health and substance use disorders in a variety 

3 of settings that include— 

4 (i) the full spectrum of education lev5 els, ranging from prekindergarten through 

6 higher education; 

7 (ii) a range of patient populations, in8 cluding pediatric, adult, geriatric, veteran, 

9 racial and ethnic minority populations, and 

10 patient populations in the justice system; 

11 (iii) a range of health care provider 

12 populations; and 

13 (iv) a range of providers in the justice 

14 system. 

15 (5) GUIDANCE ON MENTAL HEALTH AND SUB16 STANCE USE DISORDER TELEHEALTH TREATMENT

17 ACROSS STATE LINES.—Not later than 180 days 

18 after the date of enactment of this Act, the Inter19 agency Coordinator shall issue guidance on collabo20 ration among States to enable mental health and 

21 substance use disorder care professionals to treat 

22 patients across State lines through telehealth tech23 nologies. 

24 (6) ANNUAL REPORT ON ACTIVITIES AND

25 GOALS.—Not later than one year after the date of 


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1 enactment of this Act, and annually thereafter, the 

2 Interagency Coordinator shall submit a public report 

3 to Congress and the President that includes— 

4 (A) a description of the activities of the 

5 Interagency Coordinator over the reporting pe6 riod; 

7 (B) the strategic goals of the Interagency 

8 Coordinator over the next 5- and 10-year peri9 ods; and 

10 (C) an inventory of all Federal programs 

11 pertaining to mental health and substance use 

12 disorders. 

13 (7) REPORT ON DISPARITIES AND DIVERSITY.— 

14 Not later than one year after the date of enactment 

15 of this Act, the Interagency Coordinator shall submit 

16 a public report to Congress and the President— 

17 (A) describing the racial, ethnic, disability, 

18 sex, and gender disparities within the mental 

19 health and substance use disorder workforce, 

20 describing how such disparities impact access to 

21 care, particularly for minority populations, and 

22 recommending how to address such disparities; 

23 (B) projecting the diversity of mental 

24 health and substance use disorder care profesVerDate Sep 11 2014 00:05 Feb 25, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3696.IS S3696

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1 sionals in terms of race, ethnicity, sex, and gen2 der in 5 and 10 years; 

3 (C) describing the racial, ethnic, disability, 

4 sex, and gender disparities in education and 

5 training for mental health and substance use 

6 disorder care professionals, and recommending 

7 how to address such disparities; 

8 (D) describing geographic racial, ethnic, 

9 disability, sex, and gender disparities of the 

10 mental health and substance use disorder work11 force, and recommending how to address such 

12 disparities; 

13 (E) recommending ways to include non14 subjective mental health and substance use dis15 order screenings as a vital sign; 

16 (F) recommending ways to create a com17 plexity index for mental health and substance 

18 use disorders; and 

19 (G) assessing access to community-based 

20 mental health and substance use disorder serv21 ices in underserved geographic areas and com22 munities of color. 

23 (d) TEAM.— 

24 (1) IN GENERAL.—The Interagency Coordi25 nator may appoint such personnel (in this Act reVerDate Sep 11 2014 00:05 Feb 25, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3696.IS S3696

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1 ferred to as the ‘‘team’’) as the Interagency Coordi2 nator considers appropriate. 

3 (2) COMPOSITION.—The Interagency Coordi4 nator shall ensure that the team, collectively, has the 

5 following experience: 

6 (A) Working in an adult mental health set7 ting. 

8 (B) Working in a geriatric mental health 

9 setting. 

10 (C) Working in a child mental health set11 ting. 

12 (D) Working in an adult substance use dis13 order setting. 

14 (E) Working in a child substance use dis15 order setting. 

16 (F) Working in the adult justice system 

17 with a focus on mental health and substance 

18 use disorders. 

19 (G) Working in the juvenile justice system 

20 with a focus on mental health and substance 

21 use disorders. 

22 (H) Working in a school or college cam23 pus-based setting with a focus on mental health 

24 and substance use disorders. 


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1 (I) Working in a health care facility of the 

2 Department of Veterans Affairs with a focus on 

3 mental health and substance use disorders. 

4 (J) Working in a foster care setting. 

5 (K) Working in an integrated care setting. 

6 (L) Receiving mental health and substance 

7 use disorder care as an adult. 

8 (M) Receiving mental health and substance 

9 use disorder care as a child. 

10 (N) Having been incarcerated in the adult 

11 justice system while suffering from a mental ill12 ness or substance use disorder. 

13 (O) Having been detained in the juvenile 

14 justice system while suffering from a mental ill15 ness or substance use disorder. 

16 (P) Having been placed in a foster care 

17 setting. 

18 (Q) Providing mental health or substance 

19 use disorder care in minority and underserved 

20 communities. 

21 (3) DUTIES OF THE TEAM.—The team shall 

22 conduct such activities as the Interagency Coordi23 nator determines appropriate, including— 


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1 (A) assisting appropriate entities in using 

2 the framework developed under subsection 

3 (c)(1); 

4 (B) identifying Federal, State, Tribal, and 

5 local partnerships between the public and pri6 vate sectors for improving mental health and 

7 substance use disorders; and 

8 (C) otherwise assisting the Interagency Co9 ordinator with implementation of this Act. 

10 (4) APPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The team may be appointed without regard 

12 to the provisions of title 5, United States Code, gov13 erning appointments in the competitive service, and 

14 may be paid without regard to the provisions of 

15 chapter 51 and subchapter III of chapter 53 of such 

16 title 5 relating to classification and General Sched17 ule pay rates, except that an individual so appointed 

18 may not receive pay in excess of the annual rate of 

19 basic pay for GS–15 of the General Schedule. 

20 (5) EXPERTS AND CONSULTANTS.—The Inter21 agency Coordinator may procure temporary and 

22 intermittent services under section 3109(b) of title 

23 5, United States Code, but at rates for individuals 

24 not to exceed the daily equivalent of the annual rate 

25 of basic pay for GS–15 of the General Schedule. 


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1 (6) STAFF OF FEDERAL AGENCIES.—Upon re2 quest of the Interagency Coordinator, the head of 

3 any Federal department or agency may detail, on a 

4 reimbursable basis, any of the personnel of that de5 partment or agency to the Interagency Coordinator 

6 to assist it in carrying out the responsibilities under 

7 this Act. 

8 (e) POWERS.— 

9 (1) HEARINGS AND SESSIONS.—The Inter10 agency Coordinator may, for the purpose of carrying 

11 out this Act, hold hearings, sit and act at times and 

12 places, take testimony, and receive evidence as the 

13 Interagency Coordinator considers appropriate. 

14 (2) POWERS OF TEAM AND AGENTS.—Any 

15 member of the team or agent of the Interagency Co16 ordinator may, if authorized by the Interagency Co17 ordinator, take any action which such Coordinator is 

18 authorized to take by this section. 

19 (3) OBTAINING OFFICIAL DATA.—The Inter20 agency Coordinator may secure directly from any de21 partment or agency of the United States information 

22 necessary to enable the Interagency Coordinator to 

23 carry out this Act. Upon request of the Interagency 

24 Coordinator, the head of that department or agency 

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1 nish that information to the Interagency Coordi2 nator, in a manner that protects personal privacy, 

3 consistent with applicable Federal and State privacy 

4 law. 

5 (4) MAILS.—The Interagency Coordinator may 

6 use the United States mails in the same manner and 

7 under the same conditions as other departments and 

8 agencies of the United States. 

9 (5) ADMINISTRATIVE SUPPORT SERVICES.— 

10 Upon the request of the Interagency Coordinator, 

11 the Administrator of General Services shall provide 

12 to the Interagency Coordinator, on a reimbursable 

13 basis, the administrative support services necessary 

14 for the Interagency Coordinator to carry out the re15 sponsibilities under this Act. 

16 (6) CONTRACT AUTHORITY.—To the extent or 

17 in the amounts provided in advance in appropriation 

18 Acts, the Interagency Coordinator may contract with 

19 and compensate government and private agencies or 

20 persons for supplies and services. 

21 (f) DEFINITION.—In this section, the term ‘‘cul22 turally competent’’ means consistent with preferred cul23 tural values, beliefs, worldview, language, and practices. 


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1 SEC. 3. COOPERATION BY OTHER FEDERAL AGENCIES. 

2 The head of each Federal department or agency seek3 ing to commence development or implementation of a pol4 icy, including through rulemaking or guidance, that is di5 rectly related to mental health or substance use disorder 

6 care shall— 

7 (1) give notice of the policy to the Interagency 

8 Coordinator; 

9 (2) in accordance with section 2(e)(3), share 

10 such information relating to the policy as the Inter11 agency Coordinator may request; and 

12 (3) participate in such discussions and meetings 

13 regarding the policy as the Interagency Coordinator 

14 may request for purposes of coordination pursuant 

15 to section 2(b). 

16 SEC. 4. STUDY ON REIMBURSEMENT OF MENTAL HEALTH 

17 AND SUBSTANCE USE DISORDER SERVICES 

18 FOR JUVENILES. 

19 (a) REIMBURSEMENT OF MENTAL HEALTH AND

20 SUBSTANCE USE DISORDER SERVICES PROVIDED IN

21 PRESCHOOL, ELEMENTARY SCHOOL, AND SECONDARY

22 SCHOOL SETTINGS.—Not later than 2 years after the date 

23 of enactment of this Act, the Comptroller General of the 

24 United States shall— 

25 (1) complete a study and develop recommenda26 tions on the reimbursement of mental health and 


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1 substance use disorder care professionals for services 

2 provided in preschool, elementary school, and sec3 ondary school settings; and 

4 (2) submit a public report to Congress and the 

5 President on the findings, conclusions, and rec6 ommendations resulting from such study. 

7 (b) SERVICES AVAILABLE TO JUSTICE INVOLVED JU8 VENILES.—Not later than 2 years after the date of enact9 ment of this Act, the Comptroller General of the United 

10 States shall— 

11 (1) complete a study to determine the percent12 age of the budget of the Federal Government and 

13 each State government, disaggregated by agency, 

14 used to support mental health and substance use 

15 disorder services for juveniles who are arrested or 

16 become part of the juvenile or criminal justice sys17 tems; and 

18 (2) submit a public report to Congress and the 

19 President on the findings, conclusions, and rec20 ommendations resulting from such study, including 

21 recommendations on— 

22 (A) whether the amount expended by each 

23 Federal and State agency on mental health and 

24 substance use disorder services for such juve25 niles needs to be adjusted; and 


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1 (B) any gaps in community-based services 

2 for juveniles with mental health conditions or 

3 substance use disorders that should be available 

4 to prevent such juveniles from becoming part of 

5 the juvenile or criminal justice systems. 

6 SEC. 5. REPORT ON INTERAGENCY COORDINATOR’S ACTIVI7 TIES. 

8 Not later than 5 years after the date of enactment 

9 of this Act, the Comptroller General of the United States 

10 shall submit a report to Congress and the President on 

11 the role of the Interagency Coordinator and the Inter12 agency Coordinator’s team in programs, decisions, and 

13 changes relating to mental and behavioral health. In such 

14 report, the Comptroller General shall include rec15 ommendations on— 

16 (1) ways to improve such involvement of the 

17 Interagency Coordinator and the Interagency Coor18 dinator’s team; and 

19 (2) addressing any identified gaps in the role of 

20 the Interagency Coordinator. 

Æ 


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