Title: Higher Education Mental Health Act of 2021
Policy area: Education

Summary:
Higher Education Mental Health Act of 2021
This bill requires the Department of Education to establish an Advisory Commission on Serving and Supporting Students with Mental Health Disabilities in Institutions of Higher Education.
The commission must conduct a study and report on

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3048 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3048

   To authorize the Secretary of Education to establish an Advisory 
   Commission on Serving and Supporting Students with Mental Health 
    Disabilities in Institutions of Higher Education, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

   Mr. Casey (for himself, Mr. Kaine, Ms. Smith, Mr. Blumenthal, Ms. 
 Klobuchar, and Mr. Padilla) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Education to establish an Advisory 
   Commission on Serving and Supporting Students with Mental Health 
    Disabilities in Institutions of Higher Education, and for other 
                               purposes.

    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 ``Higher Education Mental Health Act 
of 2021''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) More than 75 percent of mental health conditions begin 
        before the age of 24.
            (2) More than 25 percent of students between the ages of 18 
        and 24 reported a mental health concern.
            (3) More than 50 percent of students between the ages of 18 
        and 24 reported having a severe psychological problem.
            (4) More than 50 percent of students between the ages of 18 
        and 24 reported feelings of hopelessness.
            (5) Higher education counseling centers are devoting more 
        time to rapid-response treatment with more than 25 percent of 
        students who sought help reporting they had intentionally hurt 
        themselves.
            (6) Over a 5-year period, counseling center utilization 
        increased by an average of 30 to 40 percent, while enrollment 
        increased by only 5 percent, forcing institutions to stretch 
        mental health services to more students without increasing 
        resources.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To ensure States and institutions of higher education 
        are provided with accurate information on the mental health 
        concerns facing students.
            (2) To provide detailed recommendations that institutions 
        of higher education, States, and the Federal Government can 
        take to improve the mental health services available to 
        students and properly treat the rising number of students with 
        mental health issues.

SEC. 3. ADVISORY COMMISSION ON SERVING AND SUPPORTING STUDENTS WITH 
              MENTAL HEALTH DISABILITIES IN INSTITUTIONS OF HIGHER 
              EDUCATION.

    (a) In General.--The Secretary of Education shall establish a 
commission to be known as the Advisory Commission on Serving and 
Supporting Students with Mental Health Disabilities in Institutions of 
Higher Education (referred to in this section as the ``Commission'').
    (b) Membership.--
            (1) Total number of members.--The Commission shall include 
        not more than 20 members, who shall be appointed by the 
        Secretary of Education in accordance with paragraphs (2) and 
        (3).
            (2) Members of the commission.--The Commission shall 
        include 1 representative from each of the following:
                    (A) The Office of Postsecondary Education of the 
                Department of Education.
                    (B) The Office of Special Education and 
                Rehabilitation Services of the Department of Education.
                    (C) The Office of Civil Rights of the Department of 
                Education.
                    (D) The Office of Civil Rights of the Department of 
                Justice.
                    (E) The National Council on Disability.
                    (F) A membership association for administrative and 
                personnel professionals focused on creating an 
                inclusive higher education environment for individuals 
                with disabilities, as determined by the Secretary of 
                Education.
                    (G) An organization that represents the Protection 
                and Advocacy for Individuals with Mental Illness 
                program.
                    (H) An organization operated by and representing 
                secondary and postsecondary education students with 
                mental health disabilities advocating for mental health 
                services and suicide prevention.
                    (I) An organization representing college and 
                university counseling directors.
            (3) Additional members of the commission.--In addition to 
        the members included under paragraph (2), the Commission shall 
        include the following:
                    (A) Four members from leadership of institutions of 
                higher education who have demonstrated experience in 
                successfully supporting the retention and graduation of 
                students with mental health disabilities, including 
                from counseling and psychiatric services staff. With 
                respect to such 4 members, 1 member shall be a staff 
                member of a 2-year degree-granting institution of 
                higher education, 1 member shall be a staff member from 
                a 4-year degree-granting institution of higher 
                education, 1 member shall be a member of campus law 
                enforcement, and 1 member shall serve as a general 
                counsel. Such 4 members shall represent institutions of 
                differing sizes.
                    (B) Three members from family members of 
                individuals who are--
                            (i) enrolled in an institution of higher 
                        education on the date such family member is 
                        appointed to the Commission; or
                            (ii) former students with a mental health 
                        disability.
                    (C) Four members from individuals with mental 
                health disabilities, including not less than 2 
                individuals enrolled in an institution of higher 
                education on the date of appointment to the Commission. 
                Any remaining member shall be an individual with a 
                mental health disability who has attended an 
                institution of higher education.
            (4) Timing.--The Secretary of Education shall establish the 
        Commission and appoint the members of the Commission not later 
        than 60 days after the date of enactment of this Act.
    (c) Chairperson and Vice Chairperson.--The Commission shall select 
a chairperson and vice chairperson from among the members of the 
Commission. Either the chairperson or the vice chairperson shall be a 
student or former student with a mental health disability.
    (d) Meetings.--
            (1) In general.--The Commission shall meet at the call of 
        the chairperson, but not less often than 8 times.
            (2) First meeting.--Not later than 60 days after the 
        appointment of the members of the Commission under subsection 
        (b), the Commission shall hold the Commission's first meeting.
    (e) Duties.--The Commission shall conduct a study, using the 
highest quality and most representative data and research available, 
and prepare a report for the Secretary of Education that includes the 
following:
            (1) Findings from stakeholders, including through 
        solicitation of public testimony, related to the challenges 
        faced by students with mental health disabilities in 
        institutions of higher education, including--
                    (A) the services available to students with mental 
                health disabilities in institutions of higher education 
                and their effectiveness in supporting these students;
                    (B) the impact of policies and procedures that help 
                or hinder the goal of providing equal opportunity for 
                students with mental health disabilities, such as 
                reasonable accommodation policies, mandatory and 
                voluntary leave policies, and disciplinary policies;
                    (C) the use of protected health information of 
                students with mental health disabilities by 
                institutions of higher education, including the extent 
                to which campus-based mental health providers share 
                this information with college or university officials 
                without student consent; and
                    (D) the impact of providing mental health services 
                on a student's academic performance, well-being, and 
                ability to complete college.
            (2) Conclusions on the major challenges facing students 
        with mental health disabilities in institutions of higher 
        education.
            (3) Recommendations to improve the overall education, and 
        retention and graduation, of students with mental health 
        disabilities in institutions of higher education, with the goal 
        of helping these students access educational opportunities 
        equal to those of their non-disabled peers.
    (f) Commission Personnel Matters.--
            (1) Travel expenses.--The members of the Commission shall 
        not receive compensation for the performance of services for 
        the Commission, but shall be allowed reasonable travel 
        expenses, including per diem in lieu of subsistence, at rates 
        authorized for employees of agencies under subchapter I of 
        chapter 57 of title 5, United States Code, while away from 
        their homes or regular places of business in the performance of 
        services for the Commission. Notwithstanding section 1342 of 
        title 31, United States Code, the Secretary of Education may 
        accept the voluntary and uncompensated services of members of 
        the Commission.
            (2) Staff.--The Secretary of Education may designate such 
        personnel as may be necessary to enable the Commission to 
        perform its duties.
            (3) Detail of government employees.--Any Federal Government 
        employee, with the approval of the head of the appropriate 
        Federal agency, may be detailed to the Commission without 
        reimbursement, and such detail shall be without interruption of 
        loss of civil service status or privilege.
            (4) Facilities, equipment, and services.--The Secretary of 
        Education shall make available to the Commission, under such 
        arrangements as may be appropriate, necessary equipment, 
        supplies, and services.
    (g) Reports.--
            (1) Interim and final reports.--The Commission shall 
        prepare and submit to the Secretary of Education, as well as 
        the Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Education and Labor of the House of 
        Representatives--
                    (A) an interim report that summarizes the progress 
                of the Commission, along with any interim findings, 
                conclusions, and recommendations as described in 
                subsection (e); and
                    (B) a final report that states final findings, 
                conclusions, and recommendations as described in 
                subsection (e).
            (2) Preparation and submission.--The reports described in 
        paragraph (1) shall be prepared and submitted--
                    (A) in the case of the interim report, not later 
                than 1 year after the date on which all the members of 
                the Commission are appointed; and
                    (B) in the case of the final report, not later than 
                2 years after the date on which all the members of the 
                Commission are appointed.
    (h) Termination.--The Commission shall terminate on the day after 
the date on which the Commission submits the final report under 
subsection (g).
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