II 117th CONGRESS 2d Session S. 3704 IN THE SENATE OF THE UNITED STATES February 17, 2022 Mr. Warnock (for himself, Ms. Hassan , Ms. Stabenow , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants, contracts, or cooperative agreements to schools and school-based health centers to increase the number of behavioral health care providers in such schools and health centers, and for other purposes.

1. Short title This Act may be cited as the Advancing Student Services In Schools Today Act or the ASSIST Act . 2. Program to increase mental health and substance use disorder care providers in schools and school-based health centers Subpart I of part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended by adding at the end the following: 330O. Program to increase mental health and substance use disorder care providers in schools and school-based health centers (a) In general Not later than 3 months after the date of enactment of this section, the Secretary, in consultation with the Secretary of Education, shall award grants, contracts, or cooperative agreements to eligible entities to increase the number of mental health and substance use disorder care providers in schools and health centers served by such entities. (b) Application An eligible entity seeking an award under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a description of— (1) the mental health and substance use disorder needs of the student population served by the eligible entity; and (2) with respect to the student population served by the eligible entity, how the eligible entity will ensure that the mental health and substance use disorder care providers supported by the eligible entity, and the services administered by such providers, are culturally competent and linguistically appropriate. (c) Reporting (1) Eligible entity reporting Eligible entities receiving an award under this section shall submit an annual report to the Secretary accompanied by such information as the Secretary may require, including— (A) the number of mental health and substance use disorder care providers working at the schools or health centers served by the eligible entity, and the number of such providers supported through the award; (B) the types of services provided by the mental health and substance use disorder care providers and the efficacy of such services; (C) the practices used by the schools or health centers served by the eligible entity to recruit and retain mental health and substance use disorder care providers; and (D) the rates of retention of mental health and substance use disorder care providers at the school or health center. (2) Secretary Not later than 18 months after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report on the effectiveness of the awards under this section. (d) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965; (B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965); (C) a school operated by the Bureau of Indian Affairs; or (D) a school-based health center, as defined in section 399Z–1(a)(3). (2) Mental health and substance use disorder care provider The term behavioral health care provider means an individual who is licensed to provide mental and behavioral health services, including— (A) a school counselor; (B) a school psychologist or any other psychologist; (C) a psychiatrist who specializes in child or adolescent psychiatry; (D) a school social worker; and (E) other providers, as the Secretary determines appropriate. . 3. Increasing the applicable FMAP for State expenditures attributable to certain behavioral health services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (jj) ; and (2) by adding at the end the following new subsection: (jj) (1) Notwithstanding any preceding provision of this section, with respect to State expenditures for medical assistance consisting of services provided by a behavioral care provider and furnished at a school (as defined in section 330O(d) of the Public Health Service Act) or at a school-based health center (as defined in section 399Z–1(a)(3) of such Act) on or after the date that is 3 months after the date of the enactment of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) shall, subject to paragraph (2), be equal to 90 percent. (2) Paragraph (1) shall not apply in the case of State expenditures described in such paragraph if application of such paragraph would result in a lower Federal medical assistance percentage for such expenditures than would otherwise apply without application of such paragraph. .