I 
117TH CONGRESS 
2D SESSION 
H. R. 7780 
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 
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. 
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. 
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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 
Sec. 501. Short title. 
Sec. 502. Perfecting amendment to the definition of disability. 
Sec. 503. Supporting students with disabilities to succeed once enrolled in col-
lege. 
Sec. 504. Authorization of funds for the National Center for Information and 
Technical Support for Postsecondary Students With Disabil-
ities. 
Sec. 505. Inclusion of information on students with disabilities. 
Sec. 506. Rule of construction. 
TITLE VI—STRENGTHENING BEHAVIORAL HEALTH BENEFITS 
Sec. 601. Short title. 
Sec. 602. Enforcement of Mental Health and Substance Use Disorder Require-
ments. 
TITLE VII—EMPLOYEE AND RETIREE ACCESS TO JUSTICE 
Sec. 701. Short title. 
Sec. 702. Unenforceable arbitration clauses, class action waivers, representation 
waivers, and discretionary clauses. 
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Sec. 703. Prohibition on mandatory arbitration clauses, class action waivers, 
representation 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 Men-
tal 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 Fam-
ilies (in this section referred to as the ‘‘Secretary’’) 
shall identify and review interventions, best prac-
tices, curricula, and staff trainings— 
(A) that improve the behavioral health of 
children; and 
(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; 
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(B) are demonstrated to improve or sup-
port healthy social, emotional, or cognitive de-
velopment for children in Head Start or Early 
Head Start programs, with an empirical or the-
oretical 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 ra-
cial, ethnic, and geographic populations or dem-
onstrate the capacity to be adapted to be effec-
tive across populations; 
(E) offer a tiered approach to addressing 
need, including— 
(i) universal interventions for all chil-
dren; 
(ii) selected prevention for children 
demonstrating increased need; and 
(iii) indicated prevention for children 
demonstrating substantial need; 
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(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 expertise in early childhood, mental health, and 
trauma-informed care, including the National Insti-
tute of Mental Health, the Administration for Chil-
dren and Families, the Substance Abuse and Mental 
Health Services Administration, the Institute of 
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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 1 year 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 results of implementing this section. 
SEC. 103. IMPLEMENTING THE INTERVENTIONS IN HEAD 
START PROGRAMS. 
(a) IN GENERAL.—The Assistant Secretary for the 
Administration 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. 
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(b) REQUIREMENTS.—The Assistant Secretary shall 
ensure that grants awarded under this section are award-
ed 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 
Assistant 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 
interventions, 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 com-
petency and testing approaches, performance or out-
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come measures, or any other methods deemed appro-
priate by the Assistant Secretary, taking into consid-
eration existing monitoring components of the Head 
Start and Early Head Start programs; and 
(4) the Assistant Secretaries shall solicit public 
input on the design, findings, and conclusions of this 
process and shall consider whether updates are nec-
essary at least every 5 years. 
(b) PROCESS.—In carrying out subsection (a), the 
Secretary 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 
pursuant to subsection (a)(2); and 
(B) the resulting findings and conclusions. 
(c) TIMING.—The Secretary of Health and Human 
Services shall— 
(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. 
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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 
programs or centers have effectively implemented the 
interventions, best practices, curricula, and staff trainings 
identified pursuant to section 102, with minimal burden 
or disruption to programs and centers interested in par-
ticipating. 
(b) TECHNICAL ASSISTANCE.—The Assistant Sec-
retary for the Administration for Children and Families 
shall provide guidance, tools, resources, and technical as-
sistance to grantees for implementing and evaluating 
interventions, best practices, curricula, and staff trainings 
identified pursuant to section 102 and optimizing the per-
formance 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 
Centers in Early Childhood Training in universities and 
colleges to prepare future Head Start agencies and staff 
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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 sec-
tions 103(b), 104, and 106. 
(b) AVAILABILITY OF APPROPRIATIONS.—Amounts 
authorized to be appropriated by subsection (a) are au-
thorized 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’’. 
SEC. 202. DEFINITIONS. 
In this title: 
(1) BEST PRACTICES.—The term ‘‘best prac-
tices’’ means a technique or methodology that, 
through experience and research related to profes-
sional practice in a school-based mental health field, 
has proven to reliably lead to a desired result. 
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(2) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means an institution of higher edu-
cation 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 examina-
tion in such field, if applicable; or 
(E) in any combination of study described 
in subparagraphs (A) through (D). 
(3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means— 
(A) a partnership between 1 or more high- 
need local educational agencies and 1 or more 
eligible institutions; or 
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(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 graduate institutions. 
(4) HIGH-NEED
LOCAL
EDUCATIONAL
AGEN-
CY.—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 coun-
selors, school social workers, and school psy-
chologists 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, and not more than 1 school 
social worker per 250 students. 
(5) HISTORICALLY
BLACK
COLLEGE
OR
UNI-
VERSITY.—The term ‘‘historically Black college or 
university’’ has the meaning given the term ‘‘part B 
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institution’’ 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 mean-
ing 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 
meaning 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 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(10) MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means, as de-
fined 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 Hawaiian-serving institution, a Predomi-
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nantly 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 
(B) as a graduate student pursuing a ca-
reer 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. 
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(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
SERV-
ICES
PROVIDER.—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). 
(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). 
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(19) STUDENT SUPPORT PERSONNEL TARGET 
RATIOS.—The term ‘‘student support personnel tar-
get ratios’’ means the ratios of school-based mental 
health services providers to students recommended 
to enable such personnel to effectively address the 
needs of students, 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 Social 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-
tion 2 of the Tribally Controlled Colleges and Uni-
versities Assistance Act of 1978 (25 U.S.C. 1801). 
(21) UNACCOMPANIED YOUTH.—The term ‘‘un-
accompanied youth’’ has the meaning given such 
term in section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a). 
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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 part-
nerships to carry out pipeline programs to increase 
the number of school-based mental health services 
providers employed by high-need local educational 
agencies by carrying out any of the activities de-
scribed in subsection (e). 
(2) RESERVATIONS.—From the total amount 
appropriated 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 
title in schools operated or funded by the Bu-
reau 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 
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services in schools, as determined by the Sec-
retary in accordance 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 ad-
ministration of the program under this title and 
to provide technical assistance relating to such 
program. 
(b) GRANT PERIOD.—A grant awarded under this 
section 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— 
(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 
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(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 
subsection (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 para-
graphs (1) through (3) of subsection (e) in 
schools that have higher numbers or percent-
ages of low-income students (determined using 
any of the measures of poverty described in sec-
tion 1113(a)(5) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
6313(a)(5))), in comparison to other schools 
that are served by the high-need local edu-
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cational agency that is part of the eligible part-
nership; 
(B) include 1 or more high-need local edu-
cational agencies that have fewer school-based 
mental health services providers, in the aggre-
gate or for a particular school-based mental 
health field, per student than other eligible 
partnerships; 
(C) include 1 or more eligible institutions 
of higher education which are a historically 
Black college or university, a minority-serving 
institution, or a tribally controlled college or 
university; 
(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. 
(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, 
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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 
agency; 
(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 
services provider in a school served by a partici-
pating high-need local educational agency; 
(3) to increase the number of school-based men-
tal health services providers per student in schools 
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served by participating high-need local educational 
agencies, in order to meet the student support per-
sonnel 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 low-in-
come 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— 
(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)); 
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(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 
deployment; 
(IV) are LGBTQ+, including 
students who are lesbian, gay, bisex-
ual, transgender, queer or ques-
tioning, nonbinary, 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-
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-
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mentary and Secondary Education 
Act of 1965 (20 U.S.C. 7801)); 
(VIII) have been a victim to, or 
witnessed, domestic violence or vio-
lence 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 
educational 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 
Association of School Psychologists and other 
relevant organizations; 
(6) to provide tuition credits to graduate stu-
dents participating in the pipeline program sup-
ported under the grant; 
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(7) to fund high-quality ‘‘Grow Your Own’’ 
teacher preparation programs that provide pathways 
to State licensure or certification as a school psy-
chologist, school counselor, school social worker, or 
other school-based mental services provider to re-
cruit and prepare local community members, career 
changers, paraprofessionals, after-school program 
staff, and others currently working in schools to be-
come 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 
available under this section shall be used to supplement, 
not supplant, 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 submit to the Secretary an annual report on the 
progress of the eligible partnership in carrying out 
the grant. Such report shall contain such informa-
tion as the Secretary may require, including, at a 
minimum, a description of— 
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(A) 
actual 
service 
delivery 
provided 
through the grant funds, including— 
(i) characteristics of the participating 
eligible graduate institution, including de-
scriptive information on the educational 
model used and the actual academic pro-
gram performance; 
(ii) characteristics of graduate stu-
dents participating in the pipeline program 
supported 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, 
demographic characteristics, and gradua-
tion rates, as appropriate; 
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(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 
students; 
(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— 
(I) changes in the rate of hiring 
and retention of such teachers and 
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providers 
(in 
the 
aggregate 
and 
disaggregated by each such profes-
sion); 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 
participating eligible graduate institution; 
(ii) to the faculty, administration, and 
staff of the participating high-need local 
educational agency; and 
(iii) to the broader community of pro-
viders of social, emotional, behavioral, and 
related support to students and to those 
individuals who train such providers. 
(2) PUBLICATION.—The Secretary shall publish 
the annual reports submitted under paragraph (1) 
on the website of the Department of Education. 
(h) EVALUATIONS.— 
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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 report submitted to the Secretary under 
subsection (g) may be used by the Secretary to de-
termine whether an eligible partnership receiving a 
grant is demonstrating 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 con-
ducted 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 ‘‘elemen-
tary school’’, ‘‘local educational agency’’, and ‘‘sec-
ondary 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 Edu-
cation Act of 1965 (20 U.S.C. 6631(b)). 
(3) 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)). 
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(4) 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). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(6) 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 al-
lotments 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. 
(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 
operated or funded by the Bureau of Indian Edu-
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cation, 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 out-
lying areas on the basis of their relative need, as de-
termined by the Secretary, in accordance with the 
purpose 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 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 
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for such fiscal year by all States that submit 
such applications. 
(B) SMALL
STATE
MINIMUM.—No State 
receiving 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 
receive 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 
allotment. 
(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 
subsection (d)(1); 
(B) a description of how the State will 
award subgrants to local educational agencies 
under such subsection; 
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(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 
agencies; and 
(D) the ratios, as of the date of applica-
tion, 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 stu-
dents to other school-based mental health 
services providers not described in clause 
(i), in the aggregate and disaggregated by 
type of provider. 
(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 the program under this title, as determined by the 
Secretary. 
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(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 
educational agencies in the State, to enable the local 
educational 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 agen-
cy 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 
educational agencies that serve a significant number 
of high-need schools. 
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(3) APPLICATION.—A local educational agency 
desiring a subgrant under this subsection shall sub-
mit 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 per-
centages of students from low-income families (as 
counted under section 1124(c) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
6333(c))). 
(e) ALLOTMENT AND SUBGRANT REQUIREMENTS.— 
(1) SUPPLEMENT, NOT
SUPPLANT.—Amounts 
received 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 sub-
section (d) may combine such subgrant with State or 
local funds to carry out the activities described in 
subsection (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 aggre-
gate 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 
educational 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 
provider 
ratios, 
in 
the 
aggregate 
and 
disaggregated 
as 
provided 
in 
subsection 
(c)(3)(D), for high-need schools in the State 
that were assisted with subgrants under sub-
section (d); and 
(C) describes any other resources needed 
to meet the required recommended maximum 
student to school-based mental health services 
provider ratios. 
(3) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall make all reports submitted under this sub-
section 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 
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(2) such sums as may be necessary for each 
succeeding fiscal year. 
TITLE IV—SUPPORTING TRAU-
MA-INFORMED 
EDUCATION 
PRACTICES ACT 
SEC. 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 
Communities Act (42 U.S.C. 280h-7) is amended to read 
as follows: 
‘‘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 el-
igible entity for the purpose of increasing student, 
teacher, school leader, and other school personnel ac-
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cess to evidence-based trauma support services and 
mental health services by developing innovative ini-
tiatives, activities, or programs to connect schools 
and local educational agencies, or tribal educational 
agencies, as applicable, with community trauma-in-
formed support and mental health systems, includ-
ing 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: 
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‘‘(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 positive behavioral 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-
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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 and youth trauma, which 
may include sharing best practices with law enforce-
ment regarding trauma-informed services and work-
ing with mental health professionals to provide inter-
ventions and longer term coordinated care within the 
community for children and youth who have experi-
enced 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- 
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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: 
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‘‘(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, 
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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. 
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‘‘(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; 
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‘‘(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 
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‘‘(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; 
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‘‘(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). 
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‘‘(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.’’. 
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TITLE V—RESPOND, INNOVATE, 
SUCCEED, AND EMPOWER 
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 
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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.). 
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‘‘(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.’’. 
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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 
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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 
BEHAVIORAL HEALTH BENEFITS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Strengthening Behav-
ioral Health Benefits Act’’. 
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SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUB-
STANCE USE DISORDER REQUIREMENTS. 
(a) IN GENERAL.—Section 502(a) of the Employee 
Retirement 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: 
‘‘(12) in any case relating to the provision of 
mental health benefits and substance use disorder 
benefits under a group health plan or under group 
health insurance coverage offered by a health insur-
ance issuer in connection with a group health plan 
(as such terms are defined in section 733), by the 
Secretary, or by a participant, beneficiary, or fidu-
ciary, to enforce any provision of this title or the 
terms of the plan or coverage relating to such bene-
fits against a group health plan, a health insurance 
issuer, a fiduciary of a plan, or any other person 
that contracts with a group health plan to provide 
group health insurance coverage or assistance in the 
administration of a group health plan (including a 
third party administrator, managed behavioral 
health organization, and a pharmacy benefit man-
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ager), if such person participates in or conceals a 
violation of any requirement of part 7 relating to 
such benefits or a wrongful denial of a claim for 
mental health benefits or substance use disorder 
benefits under the terms of the plan or coverage, to 
obtain appropriate relief, in addition to any other re-
lief otherwise available under this section, includ-
ing— 
‘‘(A) to recover all losses to participants 
and beneficiaries; 
‘‘(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 
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— 
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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- 
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 
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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— 
(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 oth-
erwise available, there are appropriated (out of any 
money in the Treasury not otherwise appropriated) 
to the Department of Labor for fiscal year 2023, to 
remain 
available 
until 
September 
30, 
2032, 
$275,000,000, of which— 
(A) $240,000,000 shall be for the Em-
ployee Benefits Security Administration; and 
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(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, liti-
gation expenses, issuance of regulations or guidance, 
and any other Departmental activities relating to 
section 712 of the Employee Retirement Income Se-
curity Act of 1974 and any other provision of title 
I of such Act relating to mental health and sub-
stance use disorder benefits. 
TITLE VII—EMPLOYEE AND 
RETIREE ACCESS TO JUSTICE 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Employee and Retiree 
Access to Justice Act of 2022’’. 
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 
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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 
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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 
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‘‘(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 that requires a partici-
pant 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 that requires a par-
ticipant or beneficiary to arbitrate a dispute related 
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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. 
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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; 
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‘‘(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 
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such amendments during the period in which the plan doc-
uments have not been updated. 
Æ 
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