IB 
Union Calendar No. 373 
117TH CONGRESS 
2D SESSION 
H. R. 7780 
[Report No. 117–484] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 16, 2022 
Mr. DESAULNIER (for himself and Mr. SCOTT of Virginia) introduced the 
following bill; which was referred to the Committee on Education and Labor 
SEPTEMBER 22, 2022 
Additional sponsors: Mr. SABLAN and Mrs. CHERFILUS-MCCORMICK 
SEPTEMBER 22, 2022 
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 May 16, 2022] 
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A BILL 
To support the behavioral needs of students and youth, invest 
in the school-based behavioral health workforce, and en-
sure access to mental health and substance use disorder 
benefits. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Mental Health Matters 
Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—EARLY CHILDHOOD MENTAL HEALTH ACT 
Sec. 101. Short title. 
Sec. 102. Identification of effective interventions in Head Start programs. 
Sec. 103. Implementing the interventions in Head Start programs. 
Sec. 104. Evaluating implementation of interventions in Head Start programs. 
Sec. 105. Implementing the evaluation framework for Head Start programs. 
Sec. 106. Best Practice Centers. 
Sec. 107. Funding. 
TITLE II—BUILDING PIPELINE OF SCHOOL-BASED MENTAL 
HEALTH SERVICE PROVIDERS ACT 
Sec. 201. Short title. 
Sec. 202. Definitions. 
Sec. 203. Grant program to increase the number of school-based mental health 
services providers serving in high-need local educational agen-
cies. 
TITLE III—ELEMENTARY AND SECONDARY SCHOOL COUNSELING 
ACT 
Sec. 301. Short title. 
Sec. 302. Definitions. 
Sec. 303. Allotments to States and subgrants to local educational agencies. 
Sec. 304. Authorization of appropriations. 
TITLE IV—SUPPORTING TRAUMA-INFORMED EDUCATION 
PRACTICES ACT 
Sec. 401. Short title. 
Sec. 402. Amendment to the SUPPORT for Patients and Communities Act. 
TITLE V—RESPOND, INNOVATE, SUCCEED, AND EMPOWER ACT 
Sec. 501. Short title. 
Sec. 502. Perfecting amendment to the definition of disability. 
Sec. 503. Supporting students with disabilities to succeed once enrolled in college. 
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Sec. 504. Authorization of funds for the National Center for Information and 
Technical Support for Postsecondary Students With Disabilities. 
Sec. 505. Inclusion of information on students with disabilities. 
Sec. 506. Rule of construction. 
TITLE VI—STRENGTHENING BEHAVIORAL HEALTH BENEFITS ACT 
Sec. 601. Short title. 
Sec. 602. Enforcement of Mental Health and Substance Use Disorder Require-
ments. 
TITLE VII—EMPLOYEE AND RETIREE ACCESS TO JUSTICE ACT 
Sec. 701. Short title. 
Sec. 702. Unenforceable arbitration clauses, class action waivers, representation 
waivers, and discretionary clauses. 
Sec. 703. Prohibition on mandatory arbitration clauses, class action waivers, rep-
resentation waivers, and discretionary clauses. 
Sec. 704. Effective date. 
TITLE I—EARLY CHILDHOOD 
MENTAL HEALTH ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Early Childhood Mental 
Health Support Act’’. 
SEC. 102. IDENTIFICATION OF EFFECTIVE INTERVENTIONS 
IN HEAD START PROGRAMS. 
(a) INTERVENTIONS THAT IMPROVE SOCIAL-EMO-
TIONAL AND BEHAVIORAL HEALTH OF CHILDREN.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services acting through the Assistant Sec-
retary for the Administration for Children and Fami-
lies (in this section referred to as the ‘‘Secretary’’) 
shall identify and review interventions, best practices, 
curricula, and staff trainings— 
(A) that improve the behavioral health of 
children; and 
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(B) that are evidence based. 
(2) FOCUS.—In carrying out paragraph (1), the 
Secretary shall focus on interventions, best practices, 
curricula, and staff trainings that— 
(A) can be delivered by a provider or other 
staff member in or associated with a Head Start 
program or Early Head Start center; 
(B) are demonstrated to improve or support 
healthy social, emotional, or cognitive develop-
ment for children in Head Start or Early Head 
Start programs, with an empirical or theoretical 
relationship to later mental health or substance 
abuse outcomes; 
(C) involve changes to center-wide policies 
or practices, or other services and supports of-
fered in conjunction with Head Start programs 
or Early Head Start centers, including services 
provided to adults or families (with or without 
a child present) for the benefit of the children; 
(D) demonstrate effectiveness across racial, 
ethnic, and geographic populations or dem-
onstrate the capacity to be adapted to be effective 
across populations; 
(E) offer a tiered approach to addressing 
need, including— 
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(i) universal interventions for all chil-
dren; 
(ii) selected prevention for children 
demonstrating increased need; and 
(iii) indicated prevention for children 
demonstrating substantial need; 
(F) incorporate trauma-informed care ap-
proaches; or 
(G) have a proven record of improving 
early childhood and social emotional develop-
ment. 
(b) 
INTERVENTIONS
THAT
SUPPORT
STAFF 
WELLNESS.—In carrying out subsection (a), the Secretary 
shall identify and review interventions, best practices, cur-
ricula, and staff trainings that support staff wellness and 
self-care. 
(c) CREDENTIALS.—In carrying out subsections (a) 
and (b), the Secretary, in consultation with relevant ex-
perts, shall determine the appropriate credentials for indi-
viduals who deliver the interventions, best practices, cur-
ricula, and staff trainings identified by the Secretary. 
(d) CONSULTATION; PUBLIC INPUT.—In carrying out 
this section, the Secretary shall— 
(1) consult with relevant agencies, experts, aca-
demics, think tanks, and nonprofit organizations with 
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expertise in early childhood, mental health, and trau-
ma-informed care, including the National Institute of 
Mental Health, the Administration for Children and 
Families, the Substance Abuse and Mental Health 
Services Administration, the Institute of Education 
Sciences, and the Centers for Disease Control and 
Prevention; and 
(2) solicit public input on— 
(A) the design of the reviews under sub-
sections (a) and (b); and 
(B) the findings and conclusions resulting 
from such reviews. 
(e) TIMING.—The Secretary shall— 
(1) complete the initial reviews required by sub-
sections (a) and (b) not later than 2 years after the 
date of enactment of this Act; and 
(2) update such reviews and the findings and 
conclusions therefrom at least every 5 years. 
(f) REPORTING.—Not later than 1 year after the date 
of enactment of this Act, and every 5 years thereafter, the 
Secretary shall submit a report to the Congress on the re-
sults of implementing this section. 
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SEC. 103. IMPLEMENTING THE INTERVENTIONS IN HEAD 
START PROGRAMS. 
(a) IN GENERAL.—The Assistant Secretary for the Ad-
ministration for Children and Families shall award grants 
to participating Head Start agencies to implement the 
interventions, best practices, curricula, and staff trainings 
that are identified pursuant to section 102. 
(b) REQUIREMENTS.—The Assistant Secretary shall 
ensure that grants awarded under this section are awarded 
to grantees representing a diversity of geographic areas 
across the United States, including urban, suburban, and 
rural areas. 
SEC. 104. EVALUATING IMPLEMENTATION OF INTERVEN-
TIONS IN HEAD START PROGRAMS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through the Assistant Secretary for 
Planning and Evaluation and in coordination with the As-
sistant Secretary for the Administration for Children and 
Families, shall— 
(1) determine whether the interventions, best 
practices, curricula, and staff trainings implemented 
pursuant to section 103— 
(A) are effectively implemented pursuant to 
section 103 and other relevant provisions of law 
such that the anticipated effect sizes of the inter-
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ventions, best practices, curricula, and staff 
trainings are achieved; and 
(B) yield long-term savings; 
(2) develop a method for making the determina-
tion required by paragraph (1); 
(3) ensure that such method includes competency 
and testing approaches, performance or outcome 
measures, or any other methods deemed appropriate 
by the Assistant Secretary, taking into consideration 
existing monitoring components of the Head Start 
and Early Head Start programs; and 
(4) solicit public input on the design, findings, 
and conclusions of this process and shall consider 
whether updates are necessary at least every 5 years. 
(b) PROCESS.—In carrying out subsection (a), the Sec-
retary of Health and Human Services shall— 
(1) conduct any research and evaluation studies 
needed; and 
(2) solicit public input on— 
(A) the design of the method developed pur-
suant to subsection (a)(2); and 
(B) the resulting findings and conclusions. 
(c) TIMING.—The Secretary of Health and Human 
Services shall— 
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(1) develop the method required by subsection 
(a)(2) and make the initial determination required by 
subsection (a)(1) not later than 2 years after the date 
of enactment of this Act; and 
(2) update such method and determination at 
least every 5 years. 
SEC. 105. IMPLEMENTING THE EVALUATION FRAMEWORK 
FOR HEAD START PROGRAMS. 
(a) EVALUATION METHOD.—The Assistant Secretary 
for the Administration for Children and Families shall im-
plement the evaluation method developed pursuant to sec-
tion 104(a) in the Head Start program as a voluntary 
mechanism for interested Head Start programs or Early 
Head Start centers to evaluate the extent to which such pro-
grams or centers have effectively implemented the interven-
tions, best practices, curricula, and staff trainings identi-
fied pursuant to section 102, with minimal burden or dis-
ruption to programs and centers interested in partici-
pating. 
(b) TECHNICAL ASSISTANCE.—The Assistant Secretary 
for the Administration for Children and Families shall pro-
vide guidance, tools, resources, and technical assistance to 
grantees for implementing and evaluating interventions, 
best practices, curricula, and staff trainings identified pur-
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suant to section 102 and optimizing the performance of 
such grantees on the annual evaluations. 
SEC. 106. BEST PRACTICE CENTERS. 
The Assistant Secretary for the Administration for 
Children and Families may fund up to 5 Best Practice Cen-
ters in Early Childhood Training in universities and col-
leges to prepare future Head Start agencies and staff able 
to deliver the interventions, best practices, curricula, and 
staff trainings identified pursuant to section 102. 
SEC. 107. FUNDING. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $100,000,000 for the period 
of fiscal years 2023 through 2032 for carrying out sections 
103(b), 104, and 106. 
(b) AVAILABILITY OF APPROPRIATIONS.—Amounts au-
thorized to be appropriated by subsection (a) are authorized 
to remain available until expended. 
TITLE 
II—BUILDING 
PIPELINE 
OF SCHOOL-BASED MENTAL 
HEALTH SERVICE PROVIDERS 
ACT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Building Pipeline of 
School-Based Mental Health Service Providers Act’’. 
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SEC. 202. DEFINITIONS. 
In this title: 
(1) BEST PRACTICES.—The term ‘‘best practices’’ 
means a technique or methodology that, through expe-
rience and research related to professional practice in 
a school-based mental health field, has proven to reli-
ably lead to a desired result. 
(2) ELIGIBLE INSTITUTION.—The term ‘‘eligible 
institution’’ means an institution of higher education 
that offers a program of study that leads to a master’s 
or other graduate degree— 
(A) in school psychology that prepares stu-
dents in such program for the State licensing or 
certification examination in school psychology; 
(B) in school counseling that prepares stu-
dents in such program for the State licensing or 
certification examination in school counseling; 
(C) in school social work that prepares stu-
dents in such program for the State licensing or 
certification examination in school social work; 
(D) in another school-based mental health 
field that prepares students in such program for 
the State licensing or certification examination 
in such field, if applicable; or 
(E) in any combination of study described 
in subparagraphs (A) through (D). 
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(3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible 
partnership’’ means— 
(A) a partnership between 1 or more high- 
need local educational agencies and 1 or more el-
igible institutions; or 
(B) in any region in which local edu-
cational agencies may not have a sufficient ele-
mentary school and secondary school student 
population to support the placement of all par-
ticipating graduate students, a partnership be-
tween a State educational agency, on behalf of 1 
or more high-need local educational agencies, 
and 1 or more eligible institutions. 
(4) HIGH-NEED LOCAL EDUCATIONAL AGENCY.— 
The term ‘‘high-need local educational agency’’ means 
a local educational agency that— 
(A) is described in section 200(10) of the 
Higher Education Act of 1965 (20 U.S.C. 
1021(10)); and 
(B) as of the date of application for a grant 
under this title, has ratios of school counselors, 
school social workers, and school psychologists to 
students served by the agency that are not more 
than 1 school counselor per 250 students, not 
more than 1 school psychologist per 500 students, 
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and not more than 1 school social worker per 
250 students. 
(5) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY.—The term ‘‘historically Black college or univer-
sity’’ has the meaning given the term ‘‘part B institu-
tion’’ in section 322 of the Higher Education Act of 
1965 (20 U.S.C. 1061). 
(6) HOMELESS
CHILDREN
AND
YOUTHS.—The 
term ‘‘homeless children and youths’’ has the meaning 
given such term in section 725 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11434a). 
(7) INDIAN TRIBE; TRIBAL ORGANIZATION.—In 
this section the terms ‘‘Indian tribe’’ and ‘‘tribal or-
ganization’’ have the meanings given those terms in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)). 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given such term in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a)). 
(9) LOCAL
EDUCATIONAL
AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
such term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
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(10) 
MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means, as defined 
in section 371(a) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(a)), a Hispanic-serving institution, 
an Alaska Native-serving institution or a Native Ha-
waiian-serving institution, a Predominantly Black 
Institution, an Asian American and Native American 
Pacific Islander-serving institution, or a Native 
American-serving nontribal institution. 
(11) OUTLYING
AREA.—The term ‘‘outlying 
area’’ has the meaning given the term in section 
8101(36)(A) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801(36)(A)). 
(12) PARTICIPATING
ELIGIBLE
INSTITUTION.— 
The term ‘‘participating eligible institution’’ means 
an eligible institution that is part of an eligible part-
nership awarded a grant under section 203. 
(13) 
PARTICIPATING
GRADUATE.—The 
term 
‘‘participating graduate’’ means an individual who— 
(A) has received a master’s or other grad-
uate degree in a school-based mental health field 
from a participating eligible institution and has 
obtained a State license or credential in the 
school-based mental health field; and 
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(B) as a graduate student pursuing a career 
in a school-based mental health field, was placed 
in a school served by a participating high-need 
local educational agency to complete required 
field work, credit hours, internships, or related 
training as applicable. 
(14) PARTICIPATING
HIGH-NEED
LOCAL
EDU-
CATIONAL
AGENCY.—The term ‘‘participating high- 
need local educational agency’’ means a high-need 
local educational agency that is part of an eligible 
partnership awarded a grant under section 203. 
(15) SCHOOL-BASED MENTAL HEALTH FIELD.— 
The term ‘‘school-based mental health field’’ means 
each of the following fields: 
(A) School counseling. 
(B) School social work. 
(C) School psychology. 
(D) Any other field of study that leads to 
employment as a school-based mental health 
services provider. 
(16) SCHOOL-BASED MENTAL HEALTH SERVICES 
PROVIDER.—The term ‘‘school-based mental health 
services provider’’ has the meaning given the term in 
section 4102 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7112). 
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(17) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(18) STATE
EDUCATIONAL
AGENCY.—The term 
‘‘State educational agency’’ has the meaning given the 
term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(19) STUDENT SUPPORT PERSONNEL TARGET RA-
TIOS.—The term ‘‘student support personnel target 
ratios’’ means the ratios of school-based mental health 
services providers to students recommended to enable 
such personnel to effectively address the needs of stu-
dents, including— 
(A) at least 1 school counselor for every 250 
students (as recommended by the American 
School Counselor Association and American 
Counseling Association); 
(B) at least 1 school psychologist for every 
500 students (as recommended by the National 
Association of School Psychologists); and 
(C) at least 1 school social worker for every 
250 students (as recommended by the School So-
cial Work Association of America). 
(20) TRIBALLY CONTROLLED COLLEGE OR UNI-
VERSITY.—The term ‘‘tribally controlled college or 
university’’ has the meaning given such term in sec-
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tion 2 of the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978 (25 U.S.C. 1801). 
(21) UNACCOMPANIED YOUTH.—The term ‘‘unac-
companied youth’’ has the meaning given such term 
in section 725 of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11434a). 
SEC. 203. GRANT PROGRAM TO INCREASE THE NUMBER OF 
SCHOOL-BASED MENTAL HEALTH SERVICES 
PROVIDERS SERVING IN HIGH-NEED LOCAL 
EDUCATIONAL AGENCIES. 
(a) AUTHORIZATION OF GRANTS.— 
(1) 
GRANT
PROGRAM
AUTHORIZED.—From 
amounts made available to carry out this section, the 
Secretary shall award grants, on a competitive basis, 
to eligible partnerships, to enable the eligible partner-
ships to carry out pipeline programs to increase the 
number of school-based mental health services pro-
viders employed by high-need local educational agen-
cies by carrying out any of the activities described in 
subsection (e). 
(2) RESERVATIONS.—From the total amount ap-
propriated under subsection (j) for a fiscal year, the 
Secretary shall reserve— 
(A) one-half of 1 percent for the Secretary 
of the Interior to carry out programs under this 
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title in schools operated or funded by the Bureau 
of Indian Education, Indian tribes and tribal 
organizations, or a consortium of Indian tribes 
and tribal organizations; 
(B) one-half of 1 percent for allotments to 
outlying areas based on the relative need of each 
such area with respect to mental health services 
in schools, as determined by the Secretary in ac-
cordance with the purpose of this title; 
(C) not more than 3 percent to conduct the 
evaluations under subsection (h); and 
(D) not more than 2 percent for the admin-
istration of the program under this title and to 
provide technical assistance relating to such pro-
gram. 
(b) GRANT PERIOD.—A grant awarded under this sec-
tion shall be for a 5-year period and may be renewed for 
additional 5-year periods upon a showing of adequate 
progress, as determined by the Secretary. 
(c) APPLICATION.—To be eligible to receive a grant 
under this section, an eligible partnership shall submit to 
the Secretary a grant application at such time, in such 
manner, and containing such information as the Secretary 
may require. At a minimum, such application shall in-
clude— 
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(1) an assessment of the existing (as of the date 
of application) ratios of school-based mental health 
services providers (in the aggregate and disaggregated 
by profession) to students enrolled in schools in each 
high-need local educational agency that is part of the 
eligible partnership; and 
(2) a detailed description of— 
(A) a plan to carry out a pipeline program 
to train, place, and retain school-based mental 
health services providers in high-need local edu-
cational agencies; and 
(B) the proposed allocation and use of grant 
funds to carry out activities described in sub-
section (e). 
(d) AWARD BASIS.—In awarding grants under this 
section, the Secretary shall— 
(1) ensure that to the extent practicable, grants 
are distributed among eligible entities that will serve 
geographically diverse areas; and 
(2) give priority to eligible partnerships that— 
(A) propose to use the grant funds to carry 
out the activities described under paragraphs (1) 
through (3) of subsection (e) in schools that have 
higher numbers or percentages of low-income stu-
dents (determined using any of the measures of 
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poverty described in section 1113(a)(5) of the El-
ementary and Secondary Education Act of 1965 
(20 U.S.C. 6313(a)(5))), in comparison to other 
schools that are served by the high-need local 
educational agency that is part of the eligible 
partnership; 
(B) include 1 or more high-need local edu-
cational agencies that have fewer school-based 
mental health services providers, in the aggregate 
or for a particular school-based mental health 
field, per student than other eligible partnerships 
that have submitted a grant application under 
subsection (c); 
(C) include 1 or more eligible institutions of 
higher education which are a historically Black 
college or university, a minority-serving institu-
tion, or a tribally controlled college or univer-
sity; 
(D) propose to collaborate with other insti-
tutions of higher education with similar pro-
grams, including sharing facilities, faculty mem-
bers, and administrative costs; and 
(E) propose to use grant funds to increase 
the diversity of school-based mental health serv-
ices providers. 
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(e) USE OF GRANT FUNDS.—Grant funds awarded 
under this section may be used— 
(1) to pay the administrative costs (including 
supplies, office and classroom space, supervision, 
mentoring, and transportation stipends as necessary 
and appropriate) related to— 
(A) having graduate students of programs 
in school-based mental health fields placed in 
schools served by participating high-need local 
educational agencies to complete required field 
work, credit hours, internships, or related train-
ing as applicable for the degree, license, or cre-
dential program of each such student; and 
(B) offering required graduate coursework 
for students of a graduate program in a school- 
based mental health services field on the site of 
a participating high-need local educational agen-
cy; 
(2) for not more than the first 3 years after a 
participating graduate receives a master’s or other 
graduate degree from a program in a school-based 
mental health field, or obtains a State license or cre-
dential in a school-based mental health field, to hire 
and pay all or part of the salary of the participating 
graduates working as a school-based mental health 
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services provider in a school served by a participating 
high-need local educational agency; 
(3) to increase the number of school-based mental 
health services providers per student in schools served 
by participating high-need local educational agencies, 
in order to meet the student support personnel target 
ratios; 
(4) to recruit, hire, and retain culturally or lin-
guistically under-represented graduate students of 
programs in school-based mental health fields for 
placement in schools served by participating high- 
need local educational agencies; 
(5) to develop coursework that will— 
(A) encourage a commitment by graduate 
students in school-based mental health fields to 
work for high-need local educational agencies; 
(B) give participating graduates the knowl-
edge and skill sets necessary to meet the needs 
of— 
(i) students and families served by 
high-need local educational agencies; 
(ii) students at risk of not meeting 
State academic standards; 
(iii) students who— 
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(I) are English learners (as de-
fined in section 8101 of the Elemen-
tary and Secondary Education Act of 
1965 (20 U.S.C. 7801)); 
(II) are migratory children (as 
defined in section 1309 of such Act (20 
U.S.C. 6399)); 
(III) have a parent or caregiver 
who is a member of the armed forces, 
including the National Guard, who has 
been deployed or returned from deploy-
ment; 
(IV) are LGBTQ+, including stu-
dents who are lesbian, gay, bisexual, 
transgender, queer or questioning, non-
binary, or Two-Spirit; 
(V) are homeless children and 
youth, 
including 
unaccompanied 
youth; 
(VI) have come into contact with 
the juvenile justice system or adult 
criminal justice system, including stu-
dents currently or previously held in 
juvenile detention facilities or adult 
jails and students currently or pre-
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viously held in juvenile correctional fa-
cilities or adult prisons; 
(VII) are a child with a disability 
(as defined in section 8101 of the Ele-
mentary and Secondary Education Act 
of 1965 (20 U.S.C. 7801)); 
(VIII) have been a victim to, or 
witnessed, domestic violence or violence 
in their community; 
(IX) have been exposed to sub-
stance misuse at home or in the com-
munity; 
(X) are in foster care, are aging 
out of foster care, or were formerly in 
foster care; or 
(XI) have been a victim to or wit-
nessed trafficking in persons; and 
(iv) teachers, administrators, and other 
staff who work for high-need local edu-
cational agencies; and 
(C) utilize best practices determined by the 
American School Counselor Association, Na-
tional Association of Social Workers, School So-
cial Work Association of America, and National 
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Association of School Psychologists and other rel-
evant organizations; 
(6) to provide tuition credits to graduate stu-
dents participating in the pipeline program sup-
ported under the grant; 
(7) to fund high-quality ‘‘Grow Your Own’’ 
teacher preparation programs that provide pathways 
to State licensure or certification as a school psychol-
ogist, school counselor, school social worker, or other 
school-based mental services provider to recruit and 
prepare local community members, career changers, 
paraprofessionals, after-school program staff, and oth-
ers currently working in schools to become school- 
based mental health services providers; 
(8) to cover the costs of licensure and prepara-
tion for required licensure exams; and 
(9) for similar activities to fulfill the purpose of 
this title, as the Secretary determines appropriate. 
(f) SUPPLEMENT NOT SUPPLANT.—Funds made avail-
able under this section shall be used to supplement, not sup-
plant, other Federal, State, or local funds available for the 
activities described in subsection (e). 
(g) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Each eligible partnership that 
receives a grant under this section shall prepare and 
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submit to the Secretary an annual report on the 
progress of the eligible partnership in carrying out 
the grant. Such report shall contain such information 
as the Secretary may require, including, at a min-
imum, a description of— 
(A) actual service delivery provided through 
the grant funds, including— 
(i) descriptive information on the par-
ticipating eligible institution, the edu-
cational model used, and the actual aca-
demic program performance; 
(ii) characteristics of graduate students 
participating in the pipeline program sup-
ported under the grant, including— 
(I) performance on any examina-
tions 
required 
by 
the 
State 
for 
credentialing or licensing; 
(II) demographic characteristics; 
and 
(III) graduate student retention 
rates; 
(iii) characteristics of students of the 
participating high-need local educational 
agency, including performance on any tests 
required by the State educational agency, 
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demographic characteristics, and gradua-
tion rates, as appropriate; 
(iv) an estimate of the annual imple-
mentation costs of the pipeline program 
supported under the grant; and 
(v) the number of public elementary 
and secondary school students, public ele-
mentary and secondary schools, graduate 
students, and institutions of higher edu-
cation participating in the pipeline pro-
gram supported under the grant; 
(B) outcomes that are consistent with the 
purpose of the grant program under this title, 
including— 
(i) internship and post-graduation 
placement of the participating graduate stu-
dents; 
(ii) graduation and professional career 
readiness indicators; and 
(iii) characteristics of the partici-
pating high-need local educational agency, 
including with respect to fully certified and 
effective teachers and school-based mental 
health services providers employed by such 
agency— 
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(I) changes in the rate of hiring 
and retention of such teachers and pro-
viders 
(in 
the 
aggregate 
and 
disaggregated by each such profession); 
and 
(II) the demographics, including 
the race, ethnicity, and gender, of such 
teachers and providers. 
(C) the instruction, materials, and activi-
ties being funded under the grant; and 
(D) the effectiveness of any training and 
ongoing professional development provided— 
(i) to students and faculty in the ap-
propriate departments or schools of the par-
ticipating eligible institution; and 
(ii) to the teachers, paraprofessionals, 
school leaders, school-based mental health 
services providers, and other specialized in-
structional support personnel of the partici-
pating high-need local educational agency. 
(2) PUBLICATION.—The Secretary shall publish 
the annual reports submitted under paragraph (1) on 
the website of the Department of Education. 
(h) EVALUATION.— 
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(1) INTERIM EVALUATIONS.—The Secretary may 
conduct interim evaluations to determine whether 
each eligible partnership receiving a grant under this 
section is making adequate progress as the Secretary 
considers appropriate. The contents of the annual re-
port submitted to the Secretary under subsection (g) 
may be used by the Secretary to determine whether an 
eligible partnership receiving a grant is dem-
onstrating adequate progress. 
(2) FINAL
EVALUATION.—The Secretary shall 
conduct a final evaluation to— 
(A) determine the effectiveness of the grant 
program in carrying out the purpose of this title; 
and 
(B) compare the relative effectiveness of 
each of the various activities described in sub-
section (e) for which grant funds may be used. 
(i) REPORT.—Not earlier than 5 years, nor later than 
6 years, after the date of enactment of this Act, the Sec-
retary shall submit to the Congress a report containing— 
(1) the findings of the final evaluation conducted 
under subsection (h)(2); and 
(2) such recommendations as the Secretary con-
siders appropriate. 
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(j) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to carry out this section 
$200,000,000 for fiscal year 2023 and each succeeding fiscal 
year. 
TITLE 
III—ELEMENTARY 
AND 
SECONDARY SCHOOL COUN-
SELING ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Elementary and Sec-
ondary School Counseling Act’’. 
SEC. 302. DEFINITIONS. 
In this title: 
(1) ESEA DEFINITIONS.—The terms ‘‘elementary 
school’’, ‘‘local educational agency’’, and ‘‘secondary 
school’’ have the meanings given the terms in section 
8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
(2) HIGH-NEED SCHOOL.—The term ‘‘high-need 
school’’ has the meaning given the term in section 
2211(b) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6631(b)). 
(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The 
terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ have 
the meanings given those terms in section 4 of the In-
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dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304)). 
(4) OUTLYING AREA.—The term ‘‘outlying area’’ 
means 
an 
outlying 
area 
specified 
in 
section 
8101(36)(A) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801(36)(A)). 
(5) SCHOOL-BASED MENTAL HEALTH SERVICES 
PROVIDER.—The term ‘‘school-based mental health 
services provider’’ has the meaning given the term in 
section 4102 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7112). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(7) STATE.—The term ‘‘State’’ means each of the 
50 States, the District of Columbia, and Puerto Rico. 
SEC. 303. ALLOTMENTS TO STATES AND SUBGRANTS TO 
LOCAL EDUCATIONAL AGENCIES. 
(a) PROGRAM AUTHORIZED.—The Secretary shall 
carry out a program under which the Secretary makes allot-
ments to States, in accordance with subsection (c), to enable 
the States to award subgrants to local educational agencies 
in order to increase access to school-based mental health 
services providers at high-need schools served by the local 
educational agencies. 
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(b) RESERVATIONS.—From the total amount made 
available under section 304 for a fiscal year, the Secretary 
shall reserve— 
(1) one-half of 1 percent for the Secretary of the 
Interior for programs under this title in schools oper-
ated or funded by the Bureau of Indian Education, 
Indian tribes and tribal organizations, or consortia of 
Indian tribes and tribal organizations; 
(2) one-half of 1 percent for allotments for the 
outlying areas to be distributed among those outlying 
areas on the basis of their relative need, as deter-
mined by the Secretary, in accordance with the pur-
pose of this title; and 
(3) not more than 2 percent for the administra-
tion of the program under this title and to provide 
technical assistance relating to such program. 
(c) ALLOTMENTS TO STATES.— 
(1) IN GENERAL.— 
(A) FORMULA.—From the total amount 
made available under section 304 for a fiscal 
year and not reserved under subsection (b), the 
Secretary shall allot to each State that submits 
a true and complete application under para-
graph (3) (as determined by the Secretary) an 
amount that bears the same relationship to such 
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total amount as the amount received under part 
A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.) 
by such State for such fiscal year bears to the 
amount received under such part for such fiscal 
year by all States that submit such applications. 
(B) SMALL STATE MINIMUM.—No State re-
ceiving an allotment under this paragraph shall 
receive less than one-half of 1 percent of the total 
amount allotted under this paragraph. 
(2) MATCHING REQUIREMENTS.—In order to re-
ceive an allotment under paragraph (1), a State shall 
agree to provide matching funds, in an amount equal 
to 20 percent of the amount of the allotment, toward 
the costs of the activities carried out with the allot-
ment. 
(3) APPLICATION.—A State desiring an allot-
ment under paragraph (1) shall submit to the Sec-
retary an application at such time, in such manner, 
and containing such information as the Secretary 
may require. Each application shall include, at a 
minimum— 
(A) an assurance that the State will use the 
allotment only for the purposes specified in sub-
section (d)(1); 
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(B) a description of how the State will 
award subgrants to local educational agencies 
under such subsection; 
(C) a description of how the State will dis-
seminate, in a timely manner, information re-
garding the subgrants and the application proc-
ess for such subgrants to local educational agen-
cies; and 
(D) the ratios, as of the date of application, 
of students to school-based mental health services 
providers in each public elementary school and 
secondary school in the State, in the aggregate 
and disaggregated to include— 
(i) the ratios of students to school 
counselors, school psychologists, and school 
social workers; and 
(ii) as applicable, the ratios of students 
to other school-based mental health services 
providers not described in clause (i), in the 
aggregate and disaggregated by type of pro-
vider. 
(4) DURATION.—An allotment to a State under 
paragraph (1) shall be for a 5-year period and may 
be renewed for additional 5-year periods upon a 
showing of adequate progress on meeting the goals of 
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the program under this title, as determined by the 
Secretary. 
(d) SUBGRANTS
TO
LOCAL
EDUCATIONAL
AGEN-
CIES.— 
(1) IN GENERAL.—A State receiving an allot-
ment under subsection (c) shall use the allotment to 
award subgrants, on a competitive basis, to local edu-
cational agencies in the State, to enable the local edu-
cational agencies to— 
(A) recruit and retain school-based mental 
health services providers to work at high-need 
schools served by the local educational agency; 
and 
(B) work toward effectively staffing the 
high-need schools of the local educational agency 
with school-based mental health services pro-
viders, including by meeting the recommended 
maximum ratios of— 
(i) 250 students per school counselor; 
(ii) 500 students per school psycholo-
gist; and 
(iii) 250 students per school social 
worker. 
(2) PRIORITY.—In awarding subgrants under 
this subsection, the State shall give priority to local 
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educational agencies that serve a significant number 
of high-need schools. 
(3) APPLICATION.—A local educational agency 
desiring a subgrant under this subsection shall submit 
an application to the State at such time, in such 
manner, and containing such information as the 
State may require, including information on how the 
local educational agency will prioritize assisting 
high-need schools with the largest numbers or percent-
ages of students from low-income families (as counted 
under section 1124(c) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6333(c))). 
(e) ALLOTMENT AND SUBGRANT REQUIREMENTS.— 
(1) SUPPLEMENT, NOT SUPPLANT.—Amounts re-
ceived from an allotment under subsection (c) or a 
subgrant under subsection (d) shall supplement, and 
not supplant, any other funds available to a State or 
local educational agency for school-based mental 
health services. 
(2) COMBINING FUNDS ALLOWED.—A local edu-
cational agency receiving a subgrant under subsection 
(d) may combine such subgrant with State or local 
funds to carry out the activities described in sub-
section (d)(1). 
(f) REPORTS.— 
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(1) LOCAL
EDUCATIONAL
AGENCIES.—A local 
educational agency that receives a subgrant under 
subsection (d) shall submit an annual report to the 
State on the activities carried out with the subgrant 
funds. Each such report shall— 
(A) describe the activities carried out using 
subgrant funds; 
(B) enumerate the number of school-based 
mental health services providers (in the aggregate 
and disaggregated by profession) who— 
(i) were employed by or otherwise 
served in high-need public elementary and 
secondary schools under the jurisdiction of 
the local educational agency over the year 
covered by the report; and 
(ii) were supported with funds from 
the subgrant or matching funds during such 
year; and 
(C) include the most recent student to pro-
vider ratios, in the aggregate and disaggregated 
as provided in subsection (c)(3)(D), for high-need 
schools under the jurisdiction of the local edu-
cational agency that were supported with the 
subgrant or matching funds. 
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(2) STATE.—A State receiving an allotment 
under subsection (c) shall annually prepare and sub-
mit a report to the Secretary that— 
(A) evaluates the progress made in achiev-
ing the purposes of the program under this title; 
(B) includes the most recent student to pro-
vider ratios, in the aggregate and disaggregated 
as provided in subsection (c)(3)(D), for high-need 
schools in the State that were assisted with sub-
grants under subsection (d); and 
(C) describes any other resources needed to 
meet the required recommended maximum stu-
dent to school-based mental health services pro-
vider ratios. 
(3) PUBLIC AVAILABILITY.—The Secretary shall 
make all reports submitted under this subsection 
available to the public, including through the website 
of the Department. 
SEC. 304. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this title— 
(1) $5,000,000,000 for fiscal year 2023; and 
(2) such sums as may be necessary for each suc-
ceeding fiscal year. 
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TITLE 
IV—SUPPORTING 
TRAU-
MA-INFORMED 
EDUCATION 
PRACTICES ACT 
SECTION 401. SHORT TITLE. 
This title may be cited as the ‘‘Supporting Trauma- 
Informed Education Practices Act’’. 
SEC. 402. AMENDMENT TO THE SUPPORT FOR PATIENTS 
AND COMMUNITIES ACT. 
Section 7134 of the SUPPORT for Patients and Com-
munities Act (42 U.S.C. 280h-7) is amended to read as fol-
lows: 
‘‘SEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERV-
ICES AND MENTAL HEALTH CARE FOR CHIL-
DREN AND YOUTH IN EDUCATIONAL SET-
TINGS. 
‘‘(a) AUTHORIZATION OF GRANTS.— 
‘‘(1) GRANTS, CONTRACTS, AND
COOPERATIVE 
AGREEMENTS
AUTHORIZED.—The Secretary, in co-
ordination with the Secretary of Health and Human 
Services, is authorized to award grants to, or enter 
into contracts or cooperative agreements with, an eli-
gible entity for the purpose of increasing student, 
teacher, school leader, and other school personnel ac-
cess to evidence-based trauma support services and 
mental health services by developing innovative ini-
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tiatives, activities, or programs to connect schools and 
local educational agencies, or tribal educational agen-
cies, as applicable, with community trauma-informed 
support and mental health systems, including such 
systems under the Indian Health Service. 
‘‘(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 
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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 spe-
cialized instructional support personnel employed by 
local educational agencies or tribal educational agen-
cies, as applicable or schools served by the eligible en-
tity that— 
‘‘(A) fosters safe and stable learning envi-
ronments that prevent and mitigate the effects of 
trauma, including through social and emotional 
learning; 
‘‘(B) improves school capacity to identify, 
refer, and provide services to students in need of 
trauma-informed support or mental health serv-
ices, including by helping educators to identify 
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the unique personal and contextual variables 
that influence the manifestation of trauma; and 
‘‘(C) reflects the best practices for trauma- 
informed identification, referral, and support de-
veloped by the Interagency Task Force on Trau-
ma-Informed Care (as established by section 
7132). 
‘‘(4) Providing trauma-informed support services 
and mental health services to students at full-service 
community schools served by the eligible entity. 
‘‘(5) Engaging families and communities to in-
crease awareness of child trauma, which may include 
sharing best practices with law enforcement regarding 
trauma-informed services and working with mental 
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 providing 
subgrants to early childhood education programs or 
other eligible entities, to include such entities in the 
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evidence-based trauma-informed or mental health ini-
tiatives, activities, and support services established 
under this section in order to provide, develop, or im-
prove prevention, referral, treatment, and support 
services to children and their families. 
‘‘(8) Establishing new, or enhancing existing, 
evidence-based educational, awareness, and prevention 
programs to improve mental health and resiliency 
among teachers, paraprofessionals, school leaders, 
school-based mental health services providers, and 
other specialized instructional support personnel em-
ployed 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 section, an 
eligible entity shall submit an application to the Secretary 
at such time, in such manner, and containing such infor-
mation 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 
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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 el-
igible 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 services; 
‘‘(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 chil-
dren, and parents of students participating in 
services under this section will be engaged and 
involved in the design and implementation of the 
services; and 
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‘‘(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 initia-
tives, activities, or programs funded under this sec-
tion in order to provide trauma-informed support 
services or mental health services for students, as ap-
propriate. 
‘‘(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 funded 
under this section are accessible to and include stu-
dents with disabilities. 
‘‘(8) An assurance that the eligible entity will es-
tablish 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 entity 
that receives a grant, contract, or cooperative agree-
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ment under this section, or a designee of such entity, 
shall establish an interagency agreement between local 
educational agencies, agencies responsible for early 
childhood education programs, Head Start agencies 
(including Early Head Start agencies), juvenile jus-
tice 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 reimburse-
ment of such agencies, authorities, or entities, in-
cluding procedures for dispute resolution. 
‘‘(f) EVALUATION.—The Secretary shall conduct a rig-
orous and independent evaluation of the initiatives, activi-
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ties, and programs carried out by an eligible entity under 
this section and disseminate evidence-based practices re-
garding trauma-informed support services and mental 
health services. 
‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary shall 
ensure that grants, contracts, and cooperative agreements 
awarded or entered into under this section are equitably 
distributed among the geographical regions of the United 
States and among tribal, urban, suburban, and rural popu-
lations. 
‘‘(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 
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to carry out the initiatives, activities, and programs de-
scribed 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 enti-
ty’ 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 educational 
agency; 
‘‘(D) the Bureau of Indian Education; 
‘‘(E) a Regional Corporation; 
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‘‘(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 development’, 
‘school leader’, ‘secondary school’, ‘Secretary’, 
‘specialized instructional support personnel’, and 
‘State educational agency’ have the meanings 
given such terms in section 8101 of the Elemen-
tary 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 
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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 Sec-
ondary 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 public 
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, Suc-
ceed, 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’’. 
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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 fol-
lowing documentation submitted by an indi-
vidual sufficient to establish that such individual 
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)), includ-
ing 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 Individuals 
with Disabilities Education Act, including 
an individual determined to be ineligible 
during elementary school. 
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‘‘(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 
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process by which the institution determines eligi-
bility 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: 
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‘‘(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 further 
amended by adding at the end the following: 
‘‘(31) The institution will submit, for inclusion 
in the Integrated Postsecondary Education Data Sys-
tem (IPEDS) or any other Federal postsecondary in-
stitution data collection effort, key data related to un-
dergraduate students enrolled at the institution who 
are formally registered as students with disabilities 
with the institution’s office of disability services (or 
the equivalent office), including the total number of 
students with disabilities enrolled, the number of stu-
dents accessing or receiving accommodations, the per-
centage of students with disabilities of all under-
graduate students, and the total number of under-
graduate certificates or degrees awarded to students 
with disabilities. An institution shall not be required 
to submit the information described in the preceding 
sentence if the number of such students would reveal 
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personally identifiable information about an indi-
vidual 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 ac-
commodation’’ or ‘‘record of impairment’’ under the Ameri-
cans 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 
SECTION 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) IN GENERAL.—Section 502(a) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1132(a)) 
is amended— 
(1) in paragraph (10), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (11), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(12) in any case relating to the provision of 
mental health benefits and substance use disorder ben-
efits under a group health plan or under group health 
insurance coverage offered by a health insurance 
issuer in connection with a group health plan (as 
such terms are defined in section 733), by the Sec-
retary, or by a participant, beneficiary, or fiduciary, 
to enforce any provision of this title or the terms of 
the plan or coverage relating to such benefits against 
a group health plan, a health insurance issuer, a fi-
duciary of a plan, or any other person that contracts 
with a group health plan to provide group health in-
surance coverage or assistance in the administration 
of a group health plan (including a third party ad-
ministrator, managed behavioral health organization, 
and a pharmacy benefit manager), if such person 
participates in or conceals a violation of any require-
ment of part 7 relating to such benefits or a wrongful 
denial of a claim for mental health benefits or sub-
stance use disorder benefits under the terms of the 
plan or coverage, to obtain appropriate relief, in ad-
dition to any other relief otherwise available under 
this section, including— 
‘‘(A) to recover all losses to participants 
and beneficiaries; 
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‘‘(B) to reform impermissible plan or cov-
erage terms and policies (as written or in oper-
ation) in accordance with the requirements of 
this title and its implementing regulations; or 
‘‘(C) to ensure the readjudication of claims 
and payment of benefits in accordance with the 
plan or coverage terms without any impermis-
sible limitation, plan or coverage term, or pol-
icy.’’. 
(b) CLARIFICATION OF GENERAL ENFORCEMENT AU-
THORITIES.— 
(1) ACTIONS BROUGHT BY A PARTICIPANT, BENE-
FICIARY, 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-adju-
dication and payment of benefits to remedy vio-
lations 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— 
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(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-adju-
dication and payment of benefits to remedy vio-
lations 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 en-
forcement 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’’ 
after ‘‘under subsection (c)(9))’’; and 
(2) by striking ‘‘706(a)(1)’’ and inserting 
‘‘733(a)(1)’’. 
(d) DEFINITIONS.—Part 7 of title I of such Act (29 
U.S.C. 1181 et seq.) is amended— 
(1) in section 712(e), in the matter preceding 
paragraph (1), by inserting ‘‘and section 502(a)(12)’’ 
after ‘‘this section’’; and 
(2) in section 733— 
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(A) in subsection (a), in the matter pre-
ceding paragraph (1), by inserting ‘‘and section 
502(a)(12)’’ after ‘‘this part’’; and 
(B) in subsection (b), in the matter pre-
ceding paragraph (1), by inserting ‘‘and section 
502(a)(12)’’ after ‘‘this part’’. 
(e) FUNDING.— 
(1) IN GENERAL.—In addition to amounts other-
wise available, there are appropriated (out of any 
money in the Treasury not otherwise appropriated) to 
the Department of Labor for fiscal year 2023, to re-
main 
available 
until 
September 
30, 
2032, 
$275,000,000, of which— 
(A) $240,000,000 shall be for the Employee 
Benefits Security Administration; and 
(B) $35,000,000 shall be for the Solicitor of 
Labor. 
(2) USE
OF
APPROPRIATED
FUNDS.—Amounts 
made available under paragraph (1) may be used for 
audits and investigations, enforcement actions, litiga-
tion expenses, issuance of regulations or guidance, 
and any other Departmental activities relating to sec-
tion 712 of the Employee Retirement Income Security 
Act of 1974 and any other provision of title I of such 
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Act relating to mental health and substance use dis-
order benefits. 
TITLE VII—EMPLOYEE AND RE-
TIREE ACCESS TO JUSTICE 
ACT 
SECTION 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 adverse 
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action, or made a condition of participating in 
a plan, receiving benefits under a plan, or re-
ceiving any other employment, work, or any em-
ployment-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 pe-
riod 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-
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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 provi-
sion, 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 provision 
meets the requirements of subparagraph (B); and 
‘‘(E) no covered provision related to a plan other 
than a multiemployer plan shall be valid or enforce-
able that purports to confer discretionary authority to 
any person with respect to benefit determinations or 
interpretation of plan language, or to provide a 
standard of review of such determinations or interpre-
tation by a reviewing court in an action brought 
under this section that would require anything other 
than de novo review of such determinations or inter-
pretation. 
‘‘(2) In this subsection— 
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‘‘(A) the term ‘covered provision’ means any doc-
ument, instrument, or agreement related to a plan or 
plan benefit, regardless of whether such provision ap-
pears in a plan document or in a separate agreement; 
‘‘(B) the term ‘predispute arbitration provision’ 
means a covered provision that requires a participant 
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 provision’ 
means a covered provision that requires a participant 
or beneficiary to arbitrate a dispute 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 provision 
that requires a participant or beneficiary to arbitrate a dis-
pute related to a plan is valid and enforceable shall be de-
termined by a court, rather than an arbitrator, regardless 
of whether any contractual provision purports to delegate 
such determinations to the arbitrator and irrespective of 
whether the party resisting arbitration challenges the arbi-
tration agreement specifically or in conjunction with other 
terms of the contract containing such agreement. 
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‘‘(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 pro-
mulgate such regulations as may be necessary to carry out 
the amendment made by subsection (a), including providing 
for the form and content of notices required pursuant 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 Secu-
rity 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 provision 
with a participant or beneficiary with respect to a 
plan or plan benefit unless the conditions of clauses 
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(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 sec-
tion 502(n)(2).’’. 
SEC. 704. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by sections 
702 and 703 shall take effect on the date of enactment of 
this Act and shall apply with respect to any dispute or 
claim that arises or accrues on or after such date, including 
any dispute or claim to which a provision predating such 
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date applies, regardless of whether plan documents have 
been updated in accordance with such amendments. 
(b) ENFORCEMENT WITH RESPECT TO PLAN DOCU-
MENT UPDATES.—Notwithstanding subsection (a), no per-
son shall be deemed to be in violation of such amendments 
on account of plan documents that have not been updated 
in accordance with such amendments until after the begin-
ning of the first plan year that begins on or after the date 
that is 1 year after the date of enactment of this Act, pro-
vided that such person acts in accordance with such amend-
ments during the period in which the plan documents have 
not been updated. 
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Union Calendar No. 373 
117TH CONGRESS 
2D SESSION 
H. R. 7780 
[Report No. 117–484] 
A BILL 
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. 
SEPTEMBER 22, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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