Title: Mental Health Matters Act
Policy area: Education

Summary:
Mental Health Matters Act
This bill requires certain federal actions to increase access to mental and behavioral health care. Among other provisions, the bill creates various grants to increase the number of school-based mental health services providers, establishes requirements for institutions of higher education concerning students with disabilities, and prohibits arbitration and discretionary clauses in employer-sponsored benefit plans under the Employee Retirement Income Security Act of 1974.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7780 Introduced in House (IH)]

<DOC>






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 ensure access to mental 
              health and substance use disorder benefits.

    Be it enacted by the Senate and House of Representatives 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 agencies.
       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 college.
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

Sec. 601. Short title.
Sec. 602. Enforcement of Mental Health and Substance Use Disorder 
                            Requirements.
           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.
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 Mental Health 
Support Act''.

SEC. 102. IDENTIFICATION OF EFFECTIVE INTERVENTIONS IN HEAD START 
              PROGRAMS.

    (a) Interventions That Improve Social-Emotional and Behavioral 
Health of Children.--
            (1) In general.--The Secretary of Health and Human Services 
        acting through the Assistant Secretary for the Administration 
        for Children and Families (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
                    (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 development 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 offered 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 demonstrate the 
                capacity to be adapted to be effective across 
                populations;
                    (E) offer a tiered approach to addressing need, 
                including--
                            (i) universal interventions for all 
                        children;
                            (ii) selected prevention for children 
                        demonstrating increased need; and
                            (iii) indicated prevention for children 
                        demonstrating substantial need;
                    (F) incorporate trauma-informed care approaches; or
                    (G) have a proven record of improving early 
                childhood and social emotional development.
    (b) Interventions That Support Staff Wellness.--In carrying out 
subsection (a), the Secretary shall identify and review interventions, 
best practices, curricula, 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 experts, shall determine the 
appropriate credentials for individuals who deliver the interventions, 
best practices, curricula, 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, academics, 
        think tanks, and nonprofit organizations with expertise in 
        early childhood, mental health, and trauma-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 subsections (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 subsections 
        (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.
    (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 INTERVENTIONS 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 determination 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) the Assistant Secretaries shall 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 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.

SEC. 105. IMPLEMENTING THE EVALUATION FRAMEWORK FOR HEAD START 
              PROGRAMS.

    (a) Evaluation Method.--The Assistant Secretary for the 
Administration for Children and Families shall implement the evaluation 
method developed pursuant to section 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 
participating.
    (b) Technical Assistance.--The Assistant Secretary for the 
Administration for Children and Families shall provide guidance, tools, 
resources, and technical assistance to grantees for implementing and 
evaluating interventions, best practices, curricula, and staff 
trainings identified pursuant 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 Centers in Early Childhood 
Training in universities and colleges 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 authorized 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''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Best practices.--The term ``best practices'' means a 
        technique or methodology that, through experience and research 
        related to professional practice in a school-based mental 
        health field, has proven to reliably 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 students in 
                such program for the State licensing or certification 
                examination in school psychology;
                    (B) in school counseling that prepares students in 
                such program for the State licensing or certification 
                examination in school counseling;
                    (C) in school social work that prepares students 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).
            (3) Eligible partnership.--The term ``eligible 
        partnership'' means--
                    (A) a partnership between 1 or more high-need local 
                educational agencies and 1 or more eligible 
                institutions; or
                    (B) in any region in which local educational 
                agencies may not have a sufficient elementary school 
                and secondary school student population to support the 
                placement of all participating graduate students, a 
                partnership between 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 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, and not more than 1 
                school social worker per 250 students.
            (5) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B 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 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 organization'' have the 
        meanings given those terms in section 4 of the Indian Self-
        Determination and Education 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 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 Hawaiian-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 Education 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 partnership 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 graduate 
                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 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 educational 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 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 Secondary Education Act of 1965 (20 
        U.S.C. 7801).
            (19) Student support personnel target ratios.--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 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 university.--The term 
        ``tribally controlled college or university'' has the meaning 
        given such term in section 2 of the Tribally Controlled 
        Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
        1801).
            (21) Unaccompanied youth.--The term ``unaccompanied youth'' 
        has the meaning given such term in section 725 of the McKinney-
        Vento Homeless Assistance 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 partnerships 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 described 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 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 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 administration 
                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 include--
            (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 educational 
                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 paragraphs (1) through (3) 
                of subsection (e) in schools that have higher numbers 
                or percentages of low-income students (determined using 
                any of the measures of poverty described in section 
                1113(a)(5) of the Elementary 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 educational 
                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;
                    (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 institutions 
                of higher education with similar programs, including 
                sharing facilities, faculty members, and administrative 
                costs; and
                    (E) propose to use grant funds to increase the 
                diversity of school-based mental health services 
                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, 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 training as applicable for the 
                degree, license, or credential 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 credential 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 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 
        linguistically under-represented graduate students of programs 
        in school-based mental health fields for placement in schools 
        served by participating low-income 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 knowledge 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 
                                defined in section 8101 of the 
                                Elementary 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 
                                deployment;
                                    (IV) are LGBTQ+, including students 
                                who are lesbian, gay, bisexual, 
                                transgender, queer or questioning, 
                                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 
                                students currently or previously held 
                                in juvenile detention facilities or 
                                adult jails and students currently or 
                                previously held in juvenile 
                                correctional facilities or adult 
                                prisons;
                                    (VII) are a child with a disability 
                                (as defined in section 8101 of the 
                                Elementary 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 substance 
                                misuse at home or in the community;
                                    (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 
                                witnessed 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, National 
                Association of Social Workers, School Social Work 
                Association of America, and National Association of 
                School Psychologists and other relevant organizations;
            (6) to provide tuition credits to graduate students 
        participating in the pipeline program supported 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 psychologist, 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 
        others currently working in schools to become school-based 
        mental health services providers;
            (8) to cover the costs of licensure and preparation 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 information as the Secretary may require, 
        including, at a minimum, a description of--
                    (A) actual service delivery provided through the 
                grant funds, including--
                            (i) characteristics of the participating 
                        eligible graduate institution, including 
                        descriptive information on the educational 
                        model used and the actual academic program 
                        performance;
                            (ii) characteristics of graduate students 
                        participating in the pipeline program supported 
                        under the grant, including--
                                    (I) performance on any examinations 
                                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 graduation 
                        rates, as appropriate;
                            (iv) an estimate of the annual 
                        implementation costs of the pipeline program 
                        supported under the grant; and
                            (v) the number of public elementary and 
                        secondary school students, public elementary 
                        and secondary schools, graduate students, and 
                        institutions of higher education participating 
                        in the pipeline program 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 participating 
                        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 
                                providers (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 activities 
                being funded under the grant; and
                    (D) the effectiveness of any training and ongoing 
                professional development provided--
                            (i) to students and faculty in the 
                        appropriate 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 providers 
                        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.--
            (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 determine 
        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 subsection (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 Secretary 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 considers 
        appropriate.
    (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 COUNSELING ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Elementary and Secondary 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) Outlying area.--The term ``outlying area'' means an 
        outlying area specified in section 8101(36)(A) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801(36)(A)).
            (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 Education 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 allotments 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 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 determined by the Secretary, in 
        accordance with the purpose of this title; and
            (3) not more than 2 percent for the administration 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 paragraph (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 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 allotment under 
        paragraph (1) shall submit to the Secretary 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;
                    (C) a description of how the State will 
                disseminate, in a timely manner, information regarding 
                the subgrants and the application process for such 
                subgrants to local educational agencies; 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 
                        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.
    (d) Subgrants to Local Educational Agencies.--
            (1) In general.--A State receiving an allotment 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 agency with school-
                based mental health services providers, including by 
                meeting the recommended maximum ratios of--
                            (i) 250 students per school counselor;
                            (ii) 500 students per school psychologist; 
                        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.
            (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 percentages 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 educational agency 
        receiving a subgrant under subsection (d) may combine such 
        subgrant with State or local funds to carry out the activities 
        described in subsection (d)(1).
    (f) Reports.--
            (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 provider 
                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.
            (2) State.--A State receiving an allotment under subsection 
        (c) shall annually prepare and submit a report to the Secretary 
        that--
                    (A) evaluates the progress made in achieving 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 
                subsection (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 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 succeeding 
        fiscal year.

      TITLE IV--SUPPORTING TRAUMA-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 SERVICES AND MENTAL 
              HEALTH CARE FOR CHILDREN AND YOUTH IN EDUCATIONAL 
              SETTINGS.

    ``(a) Authorization of Grants.--
            ``(1) Grants, contracts, and cooperative agreements 
        authorized.--The Secretary, in coordination with the Secretary 
        of Health and Human Services, is authorized to award grants to, 
        or enter into contracts or cooperative agreements with, an 
        eligible entity for the purpose of increasing student, teacher, 
        school leader, and other school personnel access to evidence-
        based trauma support services and mental health services by 
        developing innovative initiatives, activities, or programs to 
        connect schools and local educational agencies, or tribal 
        educational agencies, 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 collaborative 
        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 improve 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 
        eligible entity that--
                    ``(A) fosters safe and stable learning environments 
                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 services, including 
                by helping educators to identify 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 
                developed by the Interagency Task Force on Trauma-
                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 increase 
        awareness of child and youth 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 initiatives, 
        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 evidence-based 
        trauma-informed or mental 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 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 employed by local educational agencies or tribal 
        educational 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 information as the Secretary may reasonably 
require, which shall include the following:
            ``(1) A description of the innovative initiatives, 
        activities, or programs to be funded under the grant, contract, 
        or cooperative agreement, including how such initiatives, 
        activities, or programs will increase access to evidence-based 
        trauma-informed support services and mental health services for 
        students, and, as applicable, the families of such students.
            ``(2) A description of how the initiatives, activities, or 
        programs will provide linguistically appropriate and culturally 
        competent services.
            ``(3) A description of how the initiatives, activities, 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 services;
                    ``(B) teachers, school leaders, administrators, 
                school-based mental health services providers and other 
                specialized instructional support personnel, 
                representatives of local Indian Tribes or tribal 
                organizations as appropriate, other school personnel, 
                individuals who have experience 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 initiatives, 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 section.
            ``(7) A description of how the eligible entity will ensure 
        that initiatives, activities, or programs funded under this 
        section are accessible to and include students with 
        disabilities.
            ``(8) An assurance that the eligible entity will establish 
        a local interagency agreement under subsection (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 agreement 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 
        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 agreement 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 responsibility 
                for such any services, including quality, 
                accountability, and coordination of the services; and
                    ``(C) the conditions and terms of reimbursement of 
                such agencies, authorities, or entities, including 
                procedures for dispute resolution.
    ``(f) Evaluation.--The Secretary shall conduct a rigorous and 
independent evaluation of the initiatives, activities, and programs 
carried out by an eligible entity under this section and disseminate 
evidence-based practices regarding 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 populations.
    ``(h) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to prohibit an entity involved with an initiative, 
        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 exercising their 
        responsibilities with regard to the application 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 programs described in this section.
    ``(j) Consultation Required.--In awarding or entering into grants, 
contracts, and cooperative agreements under this section, the Secretary 
shall, in a timely manner, meaningfully consult with Indian Tribes, 
Regional Corporations, Native Hawaiian Educational Organizations, and 
their representatives to ensure notice of eligibility.
    ``(k) Definitions.--In this section:
            ``(1) Early childhood education program.--The term `early 
        childhood education program' 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 entity' 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 Education Assistance 
                Act) or their tribal educational agency;
                    ``(D) the Bureau of Indian Education;
                    ``(E) a Regional Corporation;
                    ``(F) a Native Hawaiian educational organization; 
                and
                    ``(G) State, Territory, and Tribal Lead Agencies 
                administering the Child Care and Development 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', `evidence-
                based', `local educational agency', `paraprofessional', 
                `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 Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801).
                    ``(B) The term `full-service community school' has 
                the meaning given such term in section 4622 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7272).
                    ``(C) The term `Native Hawaiian educational 
                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 `Regional 
        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

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 following:
                    ``(i) Adopt policies that make any of the following 
                documentation submitted by an individual sufficient to 
                establish that such individual is an individual with a 
                disability:
                            ``(I) Documentation that the individual 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)), including an IEP that may not 
                        be current on the date of the determination 
                        that the individual 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.
                            ``(II) Documentation describing services or 
                        accommodations provided to the individual 
                        pursuant to section 504 of the Rehabilitation 
                        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 education 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 education.
                            ``(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 eligibility for 
                accommodations.
                    ``(iii) Disseminate such information to students, 
                parents, and faculty in an accessible format, 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 construed to 
        preclude an institution from establishing less burdensome 
        criteria than that described in subparagraph (A) to establish 
        an individual as an individual with a disability and therefore 
        eligible for accommodations.''.

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 inserting ``From amounts 
        appropriated under paragraph (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 further 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 postsecondary institution data collection effort, 
        key data related to undergraduate 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 students 
        accessing or receiving accommodations, the percentage of 
        students with disabilities of all undergraduate students, and 
        the total number of undergraduate 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 
        personally identifiable 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 Behavioral Health 
Benefits Act''.

SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUBSTANCE 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 insurance 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 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 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 
        manager), 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 relief otherwise available under this section, 
        including--
                    ``(A) to recover all losses to participants and 
                beneficiaries;
                    ``(B) to reform impermissible plan or coverage 
                terms and policies (as written or in operation) 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 impermissible limitation, 
                plan or coverage term, or policy.''.
    (b) Clarification of General Enforcement Authorities.--
            (1) Actions brought by a participant, beneficiary, or 
        fiduciary.--Section 502(a)(3) of such Act (29 U.S.C. 
        1132(a)(3)) is amended--
                    (A) by striking ``or (B)'' and inserting ``(B)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, or (C) to require re-adjudication 
                and payment of benefits to remedy violations of this 
                title notwithstanding the availability 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 availability of relief under 
                other provisions of this title''.
    (c) Exception to the General Prohibition on Enforcement.--Section 
502(b)(3) of such Act (29 U.S.C. 1132(b)(3)) is amended--
            (1) by inserting ``, and except with respect to enforcement 
        by the Secretary of section 712 or any other provision of part 
        7 in any case relating to mental health benefits and substance 
        use disorder benefits'' 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 preceding 
                paragraph (1), by inserting ``and section 502(a)(12)'' 
                after ``this part''; and
                    (B) in subsection (b), in the matter preceding 
                paragraph (1), by inserting ``and section 502(a)(12)'' 
                after ``this part''.
    (e) Funding.--
            (1) In general.--In addition to amounts otherwise 
        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 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, litigation expenses, issuance of 
        regulations or guidance, and any other Departmental activities 
        relating to section 712 of the Employee Retirement Income 
        Security Act of 1974 and any other provision of title I of such 
        Act relating to mental health and substance use disorder 
        benefits.

           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 WAIVERS, AND DISCRETIONARY CLAUSES.

    (a) In General.--Section 502 of the Employee Retirement 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 action, or 
                made a condition of participating 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 agreeing to 
                the provision was informed, through a paper notice, in 
                a manner reasonably calculated to be understood by the 
                average plan participant, of the right of the 
                participant or beneficiary under subparagraph (C) to 
                refuse to agree to the provision without retaliation or 
                threat of retaliation;
                    ``(iii) each participant or beneficiary agreeing to 
                the provision so agreed after a waiting period of not 
                fewer than 45 days, beginning on the date on which the 
                participant or beneficiary was provided both the final 
                text of the provision and the disclosures required 
                under clause (ii); and
                    ``(iv) each participant or beneficiary agreeing to 
                the provision affirmatively consented to the provision 
                in writing;
            ``(C) no covered provision shall be valid or enforceable, 
        if prior to a dispute to which the covered provision applies, a 
        participant or beneficiary undertakes or promises not to 
        pursue, bring, join, litigate, or support any kind of 
        individual, joint, class, representative, or collective claim 
        available under this section in any forum that, but for such 
        covered provision, is of competent jurisdiction;
            ``(D) no covered provision shall be valid or enforceable, 
        if after a dispute to which the covered provision applies 
        arises, a participant or beneficiary undertakes or promises not 
        to pursue, bring, join, litigate, 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 enforceable 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 
        interpretation by a reviewing court in an action brought under 
        this section that would require anything other than de novo 
        review of such determinations 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 provision appears 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 dispute related to 
a plan is valid and enforceable shall be determined 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 
arbitration agreement specifically or in conjunction 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 providing for the form and content of notices 
required pursuant to such amendment.

SEC. 703. PROHIBITION ON MANDATORY ARBITRATION CLAUSES, CLASS ACTION 
              WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY 
              CLAUSES.

    Section 402 of the Employee Retirement Income Security 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 condition 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 (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 circumstances 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 purposes 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 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 date applies, regardless of whether plan documents have been 
updated in accordance with such amendments.
    (b) Enforcement With Respect to Plan Document Updates.--
Notwithstanding subsection (a), no person 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 
beginning of the first plan year that begins on or after the date that 
is 1 year after the date of enactment of this Act, provided that such 
person acts in accordance with such amendments during the period in 
which the plan documents have not been updated.
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