‘‘(2) RESERVATIONS.—From the total amount 
appropriated under subsection (l) for a fiscal year, 
the Secretary shall reserve— 
‘‘(A) not more than 3 percent to conduct 
the evaluation under subsection (f); and 
‘‘(B) not more than 2 percent for technical 
assistance and administration. 
‘‘(b) DURATION.—With respect to a grant, contract, 
or cooperative agreement awarded or entered into under 
this section, the period during which payments under such 
grant, contract or agreement are made to the recipient 
may not exceed 5 years. 
‘‘(c) USE OF FUNDS.—An eligible entity that receives 
or enters into a grant, contract, or cooperative agreement 
under this section shall use amounts made available 
through such grant, contract, or cooperative agreement for 
evidence-based initiatives, activities, or programs, which 
shall include at least 1 of the following: 
‘‘(1) Enhancing, improving, or developing col-
laborative efforts between schools, local educational 
agencies or tribal educational agencies, as applicable, 
and community mental health and trauma-informed 
service delivery systems to provide, develop, or im-
prove prevention, referral, treatment, and support 
services to students.
‘‘(2) Implementing trauma-informed models of 
support, including trauma-informed, positive behav-
ioral interventions and supports in schools served by 
the eligible entity. 
‘‘(3) Providing professional development to 
teachers, paraprofessionals, school leaders, school- 
based mental health services providers, and other 
specialized instructional support personnel employed 
by local educational agencies or tribal educational 
agencies, as applicable or schools served by the eligi-
ble entity that— 
‘‘(A) fosters safe and stable learning envi-
ronments that prevent and mitigate the effects 
of trauma, including through social and emo-
tional learning; 
‘‘(B) improves school capacity to identify, 
refer, and provide services to students in need 
of trauma-informed support or mental health 
services, including by helping educators to iden-
tify the unique personal and contextual vari-
ables that influence the manifestation of trau-
ma; and 
‘‘(C) reflects the best practices for trauma- 
informed identification, referral, and support 
developed by the Interagency Task Force on
Trauma-Informed Care (as established by sec-
tion 7132). 
‘‘(4) Providing trauma-informed support serv-
ices and mental health services to students at full- 
service community schools served by the eligible enti-
ty. 
‘‘(5) Engaging families and communities to in-
crease awareness of child trauma, which may include 
sharing best practices with law enforcement regard-
ing trauma-informed services and working with men-
tal health professionals to provide interventions and 
longer term coordinated care within the community 
for children and youth who have experienced trauma 
and the families of such children and youth. 
‘‘(6) Evaluating the effectiveness of the initia-
tives, activities, or programs carried out under this 
section in increasing student access to evidence- 
based trauma support services and mental health 
services. 
‘‘(7) Establishing partnerships with or pro-
viding subgrants to early childhood education pro-
grams or other eligible entities, to include such enti-
ties in the evidence-based trauma-informed or men-
tal health initiatives, activities, and support services 
established under this section in order to provide,
develop, or improve prevention, referral, treatment, 
and support services to children and their families. 
‘‘(8) Establishing new, or enhancing existing, 
evidence-based educational, awareness, and preven-
tion programs to improve mental health and resil-
iency among teachers, paraprofessionals, school lead-
ers, school-based mental health services providers, 
and other specialized instructional support personnel 
employed by local educational agencies or tribal edu-
cational agencies, as applicable, or schools served by 
the eligible entity. 
‘‘(d) APPLICATIONS.—To be eligible to receive a 
grant, contract, or cooperative agreement under this sec-
tion, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may reasonably require, 
which shall include the following: 
‘‘(1) A description of the innovative initiatives, 
activities, or programs to be funded under the grant, 
contract, or cooperative agreement, including how 
such initiatives, activities, or programs will increase 
access to evidence-based trauma-informed support 
services and mental health services for students, 
and, as applicable, the families of such students.
‘‘(2) A description of how the initiatives, activi-
ties, or programs will provide linguistically appro-
priate and culturally competent services. 
‘‘(3) A description of how the initiatives, activi-
ties, or programs will support schools served by the 
eligible entity in improving school climate in order to 
support an environment conducive to learning. 
‘‘(4) An assurance that— 
‘‘(A) persons providing services under the 
initiative, activity, or program funded by the 
grant, contract, or cooperative agreement are 
fully licensed or certified to provide such serv-
ices; 
‘‘(B) teachers, school leaders, administra-
tors, school-based mental health services pro-
viders and other specialized instructional sup-
port personnel, representatives of local Indian 
Tribes or tribal organizations as appropriate, 
other school personnel, individuals who have ex-
perience receiving mental health services as 
children, and parents of students participating 
in services under this section will be engaged 
and involved in the design and implementation 
of the services; and
‘‘(C) the eligible entity will comply with the 
evaluation required under subsection (f). 
‘‘(5) A description of how the eligible entity will 
support and integrate existing school-based services 
at schools served by the eligible entity with the ini-
tiatives, activities, or programs funded under this 
section in order to provide trauma-informed support 
services or mental health services for students, as 
appropriate. 
‘‘(6) A description of how the eligible entity will 
incorporate peer support services into the initiatives, 
activities, or programs to be funded under this sec-
tion. 
‘‘(7) A description of how the eligible entity will 
ensure that initiatives, activities, or programs fund-
ed under this section are accessible to and include 
students with disabilities. 
‘‘(8) An assurance that the eligible entity will 
establish a local interagency agreement under sub-
section (e) and comply with such agreement. 
‘‘(e) INTERAGENCY AGREEMENTS.— 
‘‘(1) LOCAL
INTERAGENCY
AGREEMENTS.—In 
carrying out an evidence-based initiative, activity, or 
program described in subsection (c), an eligible enti-
ty that receives a grant, contract, or cooperative
agreement under this section, or a designee of such 
entity, shall establish an interagency agreement be-
tween local educational agencies, agencies respon-
sible for early childhood education programs, Head 
Start agencies (including Early Head Start agen-
cies), juvenile justice authorities, mental health 
agencies, child welfare agencies, and other relevant 
agencies, authorities, or entities in the community 
that will be involved in the provision of services 
under such initiative, activity, or program. 
‘‘(2) CONTENTS.—The local interagency agree-
ment required under paragraph (1) shall specify, 
with respect to each agency, authority, or entity that 
is a party to such agreement— 
‘‘(A) the financial responsibility for any 
services provided by such entity; 
‘‘(B) the conditions and terms of responsi-
bility for such any services, including quality, 
accountability, and coordination of the services; 
and 
‘‘(C) the conditions and terms of reim-
bursement of such agencies, authorities, or enti-
ties, including procedures for dispute resolution. 
‘‘(f) EVALUATION.—The Secretary shall conduct a 
rigorous and independent evaluation of the initiatives, ac-
tivities, and programs carried out by an eligible entity 
under this section and disseminate evidence-based prac-
tices regarding trauma-informed support services and 
mental health services. 
‘‘(g) DISTRIBUTION
OF AWARDS.—The Secretary 
shall ensure that grants, contracts, and cooperative agree-
ments awarded or entered into under this section are equi-
tably distributed among the geographical regions of the 
United States and among tribal, urban, suburban, and 
rural populations. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
‘‘(1) to prohibit an entity involved with an ini-
tiative, activity, or program carried out under this 
section from reporting a crime that is committed by 
a student to appropriate authorities; or 
‘‘(2) to prevent Federal, State, local, and tribal 
law enforcement and judicial authorities from exer-
cising their responsibilities with regard to the appli-
cation of Federal, State, local, and tribal law to 
crimes committed by a student. 
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
provided under this section shall be used to supplement, 
and not supplant, other Federal, State, or local funds
available to carry out the initiatives, activities, and pro-
grams described in this section. 
‘‘(j) CONSULTATION REQUIRED.—In awarding or en-
tering into grants, contracts, and cooperative agreements 
under this section, the Secretary shall, in a timely manner, 
meaningfully consult with Indian Tribes, Regional Cor-
porations, Native Hawaiian Educational Organizations, 
and their representatives to ensure notice of eligibility. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘early childhood education pro-
gram’ has the meaning given such term in section 
103 of the Higher Education Act of 1965 (20 
U.S.C. 1003). 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State educational agency; 
‘‘(B) a local educational agency; 
‘‘(C) an Indian Tribe (as defined in section 
4 of the Indian Self-Determination and Edu-
cation Assistance Act) or their tribal edu-
cational agency; 
‘‘(D) the Bureau of Indian Education; 
‘‘(E) a Regional Corporation;
‘‘(F) a Native Hawaiian educational orga-
nization; and 
‘‘(G) State, Territory, and Tribal Lead 
Agencies administering the Child Care and De-
velopment 
Fund 
as 
described 
in 
section 
658D(a) of the Child Care and Development 
Block Grant Act (42 U.S.C. 9858b(a)). 
‘‘(3) ESEA TERMS.— 
‘‘(A) The terms ‘elementary school’, ‘evi-
dence-based’, ‘local educational agency’, ‘para-
professional’, ‘parent’, ‘professional develop-
ment’, ‘school leader’, ‘secondary school’, ‘Sec-
retary’, ‘specialized instructional support per-
sonnel’, and ‘State educational agency’ have the 
meanings given such terms in section 8101 of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7801). 
‘‘(B) The term ‘full-service community 
school’ has the meaning given such term in sec-
tion 4622 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7272). 
‘‘(C) The term ‘Native Hawaiian edu-
cational organization’ has the meaning given 
such term in section 6207 of the Elementary
and Secondary Education Act of 1965 (20 
U.S.C. 7517). 
‘‘(D) The term ‘school-based mental health 
services provider’ has the meaning given the 
term in section 4102 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7112). 
‘‘(4) REGIONAL CORPORATION.—The term ‘Re-
gional Corporation’ has the meaning given the term 
in section 3 of the Alaska Native Claims Settlement 
Act (43 U.S.C. 1602)). 
‘‘(5) SCHOOL.—The term ‘school’ means a pub-
lic elementary school or public secondary school. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section, 
$50,000,000 for each of fiscal years 2023 through 2027.’’. 
TITLE V—RESPOND, INNOVATE, 
SUCCEED, AND EMPOWER ACT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Respond, Innovate, 
Succeed, and Empower Act’’ or the ‘‘RISE Act’’.
SEC. 502. PERFECTING AMENDMENT TO THE DEFINITION 
OF DISABILITY. 
Section 103(6) of the Higher Education Act of 1965 
(20 U.S.C. 1003(6)) is amended by striking ‘‘section 
3(2)’’ and inserting ‘‘section 3’’. 
SEC. 503. SUPPORTING STUDENTS WITH DISABILITIES TO 
SUCCEED ONCE ENROLLED IN COLLEGE. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended by adding at the end the 
following: 
‘‘(30)(A) The institution will carry out the fol-
lowing: 
‘‘(i) Adopt policies that make any of the 
following documentation submitted by an indi-
vidual sufficient to establish that such indi-
vidual is an individual with a disability: 
‘‘(I) Documentation that the indi-
vidual has had an individualized education 
program (IEP) in accordance with section 
614(d) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1414(d)), in-
cluding an IEP that may not be current on 
the date of the determination that the indi-
vidual has a disability. The institution may 
ask for additional documentation from an 
individual who had an IEP but who was
subsequently evaluated and determined to 
be ineligible for services under the Individ-
uals with Disabilities Education Act, in-
cluding an individual determined to be in-
eligible during elementary school. 
‘‘(II) Documentation describing serv-
ices or accommodations provided to the in-
dividual pursuant to section 504 of the Re-
habilitation Act of 1973 (29 U.S.C. 794) 
(commonly referred to as a ‘Section 504 
plan’). 
‘‘(III) A plan or record of service for 
the individual from a private school, a local 
educational agency, a State educational 
agency, or an institution of higher edu-
cation provided in accordance with the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). 
‘‘(IV) A record or evaluation from a 
relevant licensed professional finding that 
the individual has a disability. 
‘‘(V) A plan or record of disability 
from another institution of higher edu-
cation.
‘‘(VI) Documentation of a disability 
due to service in the uniformed services, as 
defined in section 484C(a). 
‘‘(ii) Adopt policies that are transparent 
and explicit regarding information about the 
process by which the institution determines eli-
gibility for accommodations. 
‘‘(iii) Disseminate such information to stu-
dents, parents, and faculty in an accessible for-
mat, including during any student orientation 
and making such information readily available 
on a public website of the institution. 
‘‘(B) Nothing in this paragraph shall be con-
strued to preclude an institution from establishing 
less burdensome criteria than that described in sub-
paragraph (A) to establish an individual as an indi-
vidual with a disability and therefore eligible for ac-
commodations.’’. 
SEC. 504. AUTHORIZATION OF FUNDS FOR THE NATIONAL 
CENTER FOR INFORMATION AND TECHNICAL 
SUPPORT FOR POSTSECONDARY STUDENTS 
WITH DISABILITIES. 
Section 777(a) of the Higher Education Act of 1965 
(20 U.S.C. 1140q(a)) is amended—
(1) in paragraph (1), by striking ‘‘From 
amounts appropriated under section 778,’’ and in-
serting ‘‘From amounts appropriated under para-
graph (5),’’; and 
(2) by adding at the end the following: 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $2,000,000 for each of fiscal years 
2023 through 2027.’’. 
SEC. 505. INCLUSION OF INFORMATION ON STUDENTS 
WITH DISABILITIES. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)), as amended by section 503, is fur-
ther amended by adding at the end the following: 
‘‘(31) The institution will submit, for inclusion 
in the Integrated Postsecondary Education Data 
System (IPEDS) or any other Federal postsec-
ondary institution data collection effort, key data re-
lated to undergraduate students enrolled at the in-
stitution who are formally registered as students 
with disabilities with the institution’s office of dis-
ability services (or the equivalent office), including 
the total number of students with disabilities en-
rolled, the number of students accessing or receiving 
accommodations, the percentage of students with
disabilities of all undergraduate students, and the 
total number of undergraduate certificates or de-
grees awarded to students with disabilities. An insti-
tution shall not be required to submit the informa-
tion described in the preceding sentence if the num-
ber of such students would reveal personally identifi-
able information about an individual student.’’. 
SEC. 506. RULE OF CONSTRUCTION. 
None of the amendments made by this title shall be 
construed to affect the meaning of the terms ‘‘reasonable 
accommodation’’ or ‘‘record of impairment’’ under the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.) or the rights or remedies provided under such Act. 
TITLE VI—STRENGTHENING BE-
HAVIORAL HEALTH BENEFITS 
ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Strengthening Behav-
ioral Health Benefits Act’’. 
SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUB-
STANCE USE DISORDER REQUIREMENTS. 
(a) CIVIL MONETARY PENALTIES RELATING TO PAR-
ITY
IN MENTAL HEALTH
AND SUBSTANCE USE DIS-
ORDERS.—Section 502(c)(10) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1132(c)(10)(A)) 
is amended— 
(1) in the heading, by striking ‘‘USE OF GE-
NETIC INFORMATION’’ and inserting ‘‘USE OF GE-
NETIC
INFORMATION
AND
PARITY
IN
MENTAL 
HEALTH
AND
SUBSTANCE
USE
DISORDER
BENE-
FITS’’; and 
(2) in subparagraph (A)— 
(A) by striking ‘‘any plan sponsor of a 
group health plan’’ and inserting ‘‘any plan 
sponsor or plan administrator of a group health 
plan’’; and 
(B) by striking ‘‘for any failure’’ and all 
that follows through ‘‘in connection with the 
plan.’’ and inserting ‘‘for any failure by such 
sponsor, administrator, or issuer, in connection 
with the plan— 
‘‘(i) to meet the requirements of sub-
section (a)(1)(F), (b)(3), (c), or (d) of sec-
tion 702 or section 701 or 702(b)(1) with 
respect to genetic information; or 
‘‘(ii) to meet the requirements of sub-
section (a) of section 712 with respect to 
parity in mental health and substance use 
disorder benefits.’’.
(b) CLARIFICATION
OF GENERAL ENFORCEMENT 
AUTHORITIES.— 
(1) ACTIONS
BROUGHT
BY
A
PARTICIPANT, 
BENEFICIARY, OR FIDUCIARY.—Section 502(a)(3) of 
such Act (29 U.S.C. 1132(a)(3)) is amended— 
(A) by striking ‘‘or (B)’’ and inserting 
‘‘(B)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘, or (C) to require re- 
adjudication and payment of benefits to remedy 
violations of this title notwithstanding the avail-
ability of relief under other provisions of this 
title’’. 
(2) ACTIONS BROUGHT BY THE SECRETARY.— 
Section 
502(a)(5) 
of 
such 
Act 
(29 
U.S.C. 
1132(a)(5)) is amended— 
(A) by striking ‘‘or (B)’’ and inserting 
‘‘(B)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘, or (C) to require re- 
adjudication and payment of benefits to remedy 
violations of this title notwithstanding the avail-
ability of relief under other provisions of this 
title’’.
(c) EXCEPTION TO THE GENERAL PROHIBITION ON 
ENFORCEMENT.—Section 502(b)(3) of such Act (29 
U.S.C. 1132(b)(3)) is amended— 
(1) by inserting ‘‘, and except with respect to 
enforcement by the Secretary of section 712 or any 
other provision of part 7 in any case relating to 
mental health benefits and substance use disorder 
benefits (as such terms are defined in section 
712(e))’’ after ‘‘under subsection (c)(9))’’; and 
(2) by striking ‘‘706(a)(1)’’ and inserting 
‘‘733(a)(1)’’. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
Labor for audits and investigations, enforcement actions, 
litigation expenses, issuance of regulations or guidance, 
and any other Departmental activities relating to section 
712 of the Employee Retirement Income Security Act of 
1974 and any other provision of title I of such Act relating 
to mental health and substance use disorder benefits, 
$275,000,000, for the period of fiscal years 2023 through 
2032, of which— 
(1) $240,000,000 is authorized to be appro-
priated to the Employee Benefits Security Adminis-
tration; and
(2) $35,000,000 is authorized to be appro-
priated to the Office of the Solicitor. 
(e) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to group health 
plans, or any health insurance issuer offering health insur-
ance coverage in connection with such plan, for plan years 
beginning after the date that is 1 year after the date of 
enactment of this Act. 
TITLE VII—EMPLOYEE AND RE-
TIREE ACCESS TO JUSTICE 
ACT 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Employee and Retiree 
Access to Justice Act’’. 
SEC. 702. UNENFORCEABLE ARBITRATION CLAUSES, CLASS 
ACTION WAIVERS, REPRESENTATION WAIV-
ERS, AND DISCRETIONARY CLAUSES. 
(a) IN GENERAL.—Section 502 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1132) 
is amended by adding at the end the following: 
‘‘(n)(1) In any civil action brought by, or on behalf 
of, a participant or beneficiary pursuant to this section 
or with respect to a common law claim involving a plan 
or plan benefit, notwithstanding any other provision of 
law—
‘‘(A) no predispute arbitration provision shall 
be valid or enforceable if it requires arbitration of a 
matter related to a claim brought under this section; 
‘‘(B) no postdispute arbitration provision shall 
be valid or enforceable unless— 
‘‘(i) the provision was not required by any 
person, obtained by coercion or threat of ad-
verse action, or made a condition of partici-
pating in a plan, receiving benefits under a 
plan, or receiving any other employment, work, 
or any employment-related or work-related 
privilege or benefit; 
‘‘(ii) each participant or beneficiary agree-
ing to the provision was informed, through a 
paper notice, in a manner reasonably calculated 
to be understood by the average plan partici-
pant, of the right of the participant or bene-
ficiary under subparagraph (C) to refuse to 
agree to the provision without retaliation or 
threat of retaliation; 
‘‘(iii) each participant or beneficiary agree-
ing to the provision so agreed after a waiting 
period of not fewer than 45 days, beginning on 
the date on which the participant or beneficiary 
was provided both the final text of the provision
and the disclosures required under clause (ii); 
and 
‘‘(iv) each participant or beneficiary agree-
ing to the provision affirmatively consented to 
the provision in writing; 
‘‘(C) no covered provision shall be valid or en-
forceable, if prior to a dispute to which the covered 
provision applies, a participant or beneficiary under-
takes or promises not to pursue, bring, join, litigate, 
or support any kind of individual, joint, class, rep-
resentative, or collective claim available under this 
section in any forum that, but for such covered pro-
vision, is of competent jurisdiction; 
‘‘(D) no covered provision shall be valid or en-
forceable, if after a dispute to which the covered pro-
vision applies arises, a participant or beneficiary un-
dertakes or promises not to pursue, bring, join, liti-
gate, or support any kind of individual, joint, class, 
representative, or collective claim under this section 
in any forum that, but for such covered provision, is 
of competent jurisdiction, unless the covered provi-
sion meets the requirements of subparagraph (B); 
and 
‘‘(E) no covered provision related to a plan 
other than a multiemployer plan shall be valid or en-
forceable that purports to confer discretionary au-
thority to any person with respect to benefit deter-
minations or interpretation of plan language, or to 
provide a standard of review of such determinations 
or interpretation by a reviewing court in an action 
brought under this section that would require any-
thing other than de novo review of such determina-
tions or interpretation. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘covered provision’ means any 
document, instrument, or agreement related to a 
plan or plan benefit, regardless of whether such pro-
vision appears in a plan document or in a separate 
agreement; 
‘‘(B) the term ‘predispute arbitration provision’ 
means a covered provision, other than a covered pro-
vision that the Secretary finds to be the product of 
bona fide collective bargaining, that requires a par-
ticipant or beneficiary to arbitrate a dispute related 
to the plan or an amendment to the plan that had 
not yet arisen at the time such provision took effect; 
‘‘(C) the term ‘postdispute arbitration provi-
sion’ means a covered provision, other than a cov-
ered provision that the Secretary finds to be the 
product of bona fide collective bargaining, that re-
quires a participant or beneficiary to arbitrate a dis-
pute related to the plan or an amendment to the 
plan that arose before the time such provision took 
effect; and 
‘‘(D) the term ‘retaliation’ means any action in 
violation of section 510. 
‘‘(3)(A) Any dispute as to whether a covered provi-
sion that requires a participant or beneficiary to arbitrate 
a dispute related to a plan is valid and enforceable shall 
be determined by a court, rather than an arbitrator, re-
gardless of whether any contractual provision purports to 
delegate such determinations to the arbitrator and irre-
spective of whether the party resisting arbitration chal-
lenges the arbitration agreement specifically or in conjunc-
tion with other terms of the contract containing such 
agreement. 
‘‘(B) For purposes of this subsection, a dispute shall 
be considered to arise only when a plaintiff has actual 
knowledge (within the meaning of such term in section 
413) of a breach or violation giving rise to a claim under 
this section.’’. 
(b) REGULATIONS.—The Secretary of Labor may 
promulgate such regulations as may be necessary to carry 
out the amendment made by subsection (a), including pro-
viding for the form and content of notices required pursu-
ant to such amendment. 
SEC. 703. PROHIBITION ON MANDATORY ARBITRATION 
CLAUSES, 
CLASS 
ACTION 
WAIVERS, 
REP-
RESENTATION 
WAIVERS, 
AND 
DISCRE-
TIONARY CLAUSES. 
Section 402 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1102) is amended by adding 
at the end the following: 
‘‘(d)(1) No covered person may— 
‘‘(A) require participants or beneficiaries to 
agree to a predispute arbitration provision as a con-
dition for participation in, or receipt of benefits 
under, a plan; 
‘‘(B) agree to a postdispute arbitration provi-
sion with a participant or beneficiary with respect to 
a plan or plan benefit unless the conditions of 
clauses (i) through (iv) of section 502(n)(1)(B) are 
satisfied with respect to such provision; or 
‘‘(C) agree to any other covered provision with 
respect to a plan or plan benefit under any cir-
cumstances under which such provision would not be 
valid and enforceable under subparagraphs (C) 
through (E) section 502(n)(1). 
‘‘(2) In this subsection—
‘‘(A) the term ‘covered person’ means— 
‘‘(i) a plan; 
‘‘(ii) a plan sponsor; 
‘‘(iii) an employer; or 
‘‘(iv) a person engaged by a plan for pur-
poses of administering or operating the plan; 
and 
‘‘(B) the terms ‘covered provision’, ‘predispute 
arbitration provision’ and ‘postdispute arbitration 
provision’ have the meanings given such terms in 
section 502(n)(2).’’. 
SEC. 704. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sec-
tions 702 and 703 shall take effect on the date of enact-
ment of this Act and shall apply with respect to any dis-
pute or claim that arises or accrues on or after such date, 
including any dispute or claim to which a provision pre-
dating such date applies, regardless of whether plan docu-
ments have been updated in accordance with such amend-
ments. 
(b) ENFORCEMENT WITH RESPECT TO PLAN DOCU-
MENT UPDATES.—Notwithstanding subsection (a), no 
person shall be deemed to be in violation of such amend-
ments on account of plan documents that have not been 
updated in accordance with such amendments until after
the beginning of the first plan year that begins on or after 
the date that is 1 year after the date of enactment of this 
Act, provided that such person acts in accordance with 
such amendments during the period in which the plan doc-
uments have not been updated. 
TITLE VIII—STUDENT MENTAL 
HEALTH RIGHTS 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘Student Mental 
Health Rights Act’’. 
SEC. 802. FINDINGS. 
Congress finds the following: 
(1) Nearly all institutions of higher education 
are subject to— 
(A) the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
(B) section 504 of the Rehabilitation Act 
of 1973 (29 U.S.C. 794); or 
(C) the Fair Housing Act (42 U.S.C. 3601 
et seq.). 
(2) The laws described in paragraph (1) pro-
hibit discrimination on the basis of disability, de-
fined as ‘‘with respect to an individual, a physical or 
mental impairment that substantially limits one or 
more major life activities of such individual, a record
of such an impairment, or being regarded as having 
such an impairment’’ under section 3(1) of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(1)). 
(3) Under section 2(a)(3) of the Americans 
with 
Disabilities 
Act 
of 
1990 
(42 
U.S.C. 
12101(a)(3)), Congress found that ‘‘discrimination 
against individuals with disabilities persists in such 
critical areas as employment, housing, public accom-
modations, education, transportation, communica-
tion, recreation, institutionalization, health services, 
voting, and access to public services’’. 
(4) The laws described in paragraph (1) pro-
hibit institutions of higher education from discrimi-
nating against students with disabilities, including 
by failing to provide reasonable accommodations or 
reasonable modifications to such students so that 
such students are able to fully participate in postsec-
ondary life. 
(5) The laws described in paragraph (1) pro-
hibit institutions of higher education from discrimi-
nating against students with mental health disabil-
ities, including by failing to provide reasonable ac-
commodations or reasonable modifications to such a 
student.
(6) The vast majority of institutions of higher 
education lack a comprehensive plan for addressing 
and preventing discrimination against students with 
mental health disabilities or who are experiencing 
crises, in many cases— 
(A) requiring such students to leave the in-
stitution of higher education; 
(B) evicting such students from on-campus 
housing; and 
(C) establishing excessive and unnecessary 
impediments to the re-enrollment of such stu-
dents to the institution of higher education. 
SEC. 803. STUDY. 
(a) VOLUNTARY REPORTING.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary shall solicit from students at institutions of higher 
education information, on a voluntary basis, with respect 
to mental health disabilities and substance use disorders 
at such institutions of higher education. 
(b) REQUIREMENT.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall com-
plete a study on mental health disabilities and substance 
use disorders at institutions of higher education, includ-
ing—
(1) using the information voluntarily reported 
by students under subsection (a), the prevalence of 
such disabilities and disorders, disaggregated by 
type of disability or disorder (including hearing dif-
ficulty, vision difficulty, cognitive difficulty, ambula-
tory difficulty, self-care difficulty, independent living 
difficulty, mental health difficulty, and any other 
category deemed appropriate by the Secretary), 
among students at institutions of higher education 
and policies to support students with respect to such 
conditions; 
(2) the policies of institutions of higher edu-
cation with respect to students who, due to such a 
condition, are considering a voluntary leave of ab-
sence or are required to take a mandatory or invol-
untary leave of absence, or return from such an ab-
sence, and compliance by institutions of higher edu-
cation with such policies; and 
(3) best practices for supporting students at in-
stitutions of higher education in managing such con-
ditions, including the effect such practices have on 
graduation rates and degree completion. 
(c) REPORT.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education,
Labor and Pensions of the Senate a report on the findings 
of the study required by subsection (a). 
SEC. 804. GUIDANCE. 
Not later than 180 days after the date on which the 
report is submitted under section 803(b), the Secretary 
shall, in consultation with the Assistant Attorney General 
of the Civil Rights Division of the Department of Justice, 
issue guidance on— 
(1) the compliance of institutions of higher edu-
cation with the Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.) and section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794) with 
respect to students with mental health disabilities; 
(2) the legal obligations of institutions of higher 
education with respect to accommodating students 
with mental health disabilities and students with 
substance use disorders; and 
(3) policies of institutions of higher education 
which may have a discriminatory impact on students 
with mental health disabilities and students with 
substance use disorders. 
SEC. 805. DEFINITIONS. 
In this title: 
(1) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the
meaning given that term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
TITLE IX—OCCUPATIONAL RE-
SEARCH PROGRAM ON MEN-
TAL HEALTH 
SEC. 901. OCCUPATIONAL RESEARCH PROGRAM ON MEN-
TAL HEALTH. 
(a) IN GENERAL.—The Director of the National In-
stitute for Occupational Safety and Health (in this section 
referred to as the ‘‘Institute’’) shall establish a research 
program to identify and apply comprehensive approaches 
to support frontline, essential, and other affected workers 
across all industries and occupations exposed to and af-
fected by workplace stressors that contribute to adverse 
mental health outcomes, including traumatic stress, anx-
iety, depression, suicide, and related mental health condi-
tions. In designing such research program, the Director 
shall, in consultation with the heads of other Federal de-
partments and agencies, as appropriate, address work-
place stressors such as— 
(1) traumatic grief resulting from COVID–19- 
related death or injury in the workplace;
(2) conditions of employment or places of em-
ployment, including consecutive shifts, increases in 
shift duration, changes in workplace protocols, or in-
creases in workloads and demands due to insuffi-
cient resources, which can result in fatal, near-fatal, 
or other serious occupational injuries or illnesses; or 
(3) workplace violence or other physical and 
psychological hazards that contribute to worker in-
jury or illness on the job, including poor mental 
health outcomes among workers. 
(b) BEST PRACTICES AND RECOMMENDATIONS.—As 
part of the research program established under this sec-
tion, the Director shall develop best practices or rec-
ommendations for organizational-level workplace interven-
tions and support services that would both prevent worker 
injury or illness and reduce the risk of such adverse men-
tal health outcomes among frontline, essential, and other 
affected workers across all industries and occupations, in-
cluding wraparound services, mental health awareness ini-
tiatives, workplace stress prevention programs, and train-
ing programs to promote work-related stress prevention 
and reduction and organizational resilience, to include spe-
cific strategies for preventing burnout among workers. 
(c) ADDITIONAL SUPPORT.—As part of such research 
program, the Director shall also coordinate and support
efforts through other research programs carried out by the 
Institute, including the Institute’s Total Worker Health 
program, to develop comprehensive, evidence-informed ap-
proaches to support mental and behavioral health as a 
part of worker wellbeing and related occupational safety 
and health programs. 
(d) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Director shall— 
(1) report to the Committee on Education and 
Labor of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate on the extent to which best practices 
or recommendations developed pursuant to sub-
section (b) have been adopted by relevant stake-
holders; and 
(2) engage in education and outreach activities 
with employers, health care providers, nonprofit or-
ganizations, workers, labor organizations, and re-
lated stakeholders to support such adoption.
(e) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$10,000,000 for each of fiscal years 2023 through 2025. 
Passed the House of Representatives September 29, 
2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 7780 
AN ACT 
To support the behavioral needs of students and 
youth, invest in the school-based behavioral 
health workforce, and ensure access to mental 
health and substance use disorder benefits.