I 117th CONGRESS 2d Session H. R. 9469 IN THE HOUSE OF REPRESENTATIVES December 8, 2022 Mr. Emmer introduced the following bill; which was referred to the Committee on Education and Labor , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize a Mental Health Education Grant program to encourage students to pursue a career as a counselor, social worker, or therapist in an elementary or secondary school, and for other purposes.

1. Short title This Act may be cited as the Student Mental Health Improvement Act of 2022 . 2. Mental Health Education grant program Part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) is amended by inserting at the end of subpart 7 the following: 8 Mental Health Education Grants 420. Mental Health Education Grant program established (a) Program authority (1) Payments required The Secretary is authorized to carry out a Mental Health Education Grant program to pay to each candidate who is selected by the Secretary, on a competitive basis, to participate in such program, a Mental Health Education Grant in the amount of $2,000 for each year during which that candidate is eligible. (2) References Grants made under paragraph (1) shall be known as Mental Health Education Grants . (3) Authorization There are authorized to be appropriated $20,000,000 for fiscal year 2023 and each subsequent fiscal year to provide Mental Health Education Grants in accordance with this subpart. (4) Sense of Congress It is the sense of Congress that the Mental Health Education Grant program should be funded by rescinding unused American Rescue Plan Act of 2021 ( Public Law 117–2 ) funding. (b) Distribution of grants to candidates Payments under this subpart shall be made, in accordance with regulations promulgated by the Secretary for such purpose, in such manner as will best accomplish the purposes of this subpart. (c) Reductions in amount (1) Part-time students In any case where a candidate attends an eligible institution on less than a full-time basis (including a candidate who attends an eligible institution on less than a half-time basis) during any year, the amount of a grant under this subpart for which that candidate is eligible shall be reduced in proportion to the degree to which that candidate is not attending on a full-time basis, in accordance with a schedule of reductions established by the Secretary for the purposes of this subpart, computed in accordance with this subpart. Such schedule of reductions shall be established by regulation and published in the Federal Register in accordance with section 482 of this Act. (2) No exceeding cost The amount of a grant awarded under this subpart, in combination with Federal student assistance and other student assistance the candidate may receive, shall not exceed the cost of attendance (as defined in section 472) at the eligible institution at which that candidate is in attendance. (d) Period of eligibility for grants (1) In general The period during which a candidate may receive grants under this subpart shall be the period required for the completion of the first masters course of study related to a mental health occupation being pursued by the candidate at the eligible institution at which the candidate is in attendance, except that— (A) any period during which the candidate is enrolled in a noncredit or remedial course of study as described in paragraph (2) shall not be counted for the purpose of this paragraph; and (B) the total amount that a candidate may receive under this subpart shall not exceed $4,000. (2) Remedial course Nothing in this subpart shall be construed to exclude from eligibility courses of study which are noncredit or remedial in nature (including courses in English language acquisition) which are determined by the eligible institution to be necessary to help the candidate be prepared for the pursuit of a first masters degree or, in the case of courses in English language instruction, to be necessary to enable the candidate to utilize already existing knowledge, training, or skills. 421. Applications; eligibility; selection (a) Applications The Secretary shall periodically set dates by which students shall file applications to complete for grants under this subpart. Each student desiring to compete for a grant under this subpart for any year shall file an application containing such information and assurances as the Secretary may determine necessary to enable the Secretary to carry out the functions and responsibilities of this subpart. (b) Demonstration of grant eligibility Each application submitted under subsection (a) shall contain such information as is necessary to demonstrate that the applicant is a student who— (1) is enrolled at an eligible institution; (2) is an eligible student for purposes of section 484; (3) is completing coursework and other requirements necessary to begin a career in a mental health occupation, or plans to complete such coursework and requirements prior to graduating; and (4) has not obtained a masters degree related to a career in a mental health occupation before receiving a Mental Health Education grant. (c) Selection The Secretary shall award grants under this subpart competitively on the basis of criteria determined by the Secretary by regulation. 422. Agreements to serve (a) Service agreements Each application under section 421(a) shall contain or be accompanied by an agreement by the applicant that— (1) if selected to be a candidate, the applicant will— (A) serve full-time in a mental health occupation for a total of not less than 4 years within 8 years after completing the course of study for which the candidate received a Mental Health Education Grant under this subpart; and (B) submit evidence of such employment in the form of a certification by the State educational agency or department employing the candidate upon completion of each year of such service; (2) in the event that a candidate is determined to have failed or refused to carry out such service obligation, the sum of the amounts of any Mental Health Education Grants received by such candidate will be treated as a loan and collected from the candidate in accordance with subsection (b) and the regulations thereunder; and (3) contains, or is accompanied by, a plain-language disclosure form developed by the Secretary that clearly describes the nature of the Mental Health Education Grant award, the service obligation, and the loan repayment requirements that are the consequence of the failure to complete the service obligation. (b) Repayment for failure To complete service (1) In general In the event that a candidate fails or refuses to comply with the service obligation in the agreement under subsection (a) , the sum of the amounts of any Mental Health Education Grants received by such candidate shall, upon a determination of such a failure or refusal in such service obligation, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date the grant is converted to such a Loan, in accordance with terms and conditions specified by the Secretary in regulations under this subpart. (2) Extenuating circumstances The Secretary shall establish, by regulation, categories of extenuating circumstances under which a candidate who is unable to fulfill all or part of the candidate’s service obligation may be excused from fulfilling that portion of the service obligation. 423. Definitions For the purposes of this subpart: (1) Candidate The term candidate means an individual who is selected by the Secretary to receive a Mental Health Education Grant under this subpart. (2) Eligible institution The term eligible institution means an institution of higher education, as defined in section 102, that provides a masters degree in a field related to a mental health occupation. (3) ESEA terms The terms elementary school and secondary school have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Mental health occupation The term mental health occupation means an occupation that is 1 of the following: (A) A mental or behavioral health counselor in an elementary school or secondary school. (B) A social worker in an elementary school or secondary school. (C) A therapist in an elementary school or secondary school. (D) A psychologist in an elementary school or secondary school. . 3. Refundable credit for school counselors, social workers, therapists, and psychologists (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 36C. Credit for school counselors, social workers, therapists, and psychologists (a) In general In the case of any individual who is a qualified school-based mental health professional for any taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to $2,500. (b) Qualified school-Based mental health professional For purposes of this section, the term qualified school-based mental health professional means any employee of a school (as defined in section 62(d)(1)(B)) or school-based health center who provides service as a mental or behavioral health counselor, social worker, therapist, or psychologist pursuant to such employment. (c) Reduced credit for less than full-Time service In the case any qualified school-based mental health professional who performs less than 1560 hours of service as a counselor, social worker, or therapist pursuant to the employment described in subsection (b) during any taxable year, the credit allowed under this section to such individual for such taxable year shall not exceed the amount which bears the same ratio to the amount of such credit determined without regard to this subsection as— (1) the number of hours of such service so performed by such individual during such taxable year, bears to (2) 1560. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting 36C, after 36B, . (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for school counselors, social workers, therapists, and psychologists. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 4. Study and report (a) In general Not later than 2 years after the date of the enactment this Act, the Secretary shall conduct a study to identify— (1) the elementary schools and secondary schools in each State with school-based health centers that do not provide mental health services at such centers; (2) reasons that such schools do not provide, or are unable to provide, such services; and (3) recommendations with respect to ways to increase the provision of mental health services in such centers. (b) Report Not later than 1 year after conducting the study required under subsection (a), the Secretary shall submit to Congress a report containing the findings and recommendations of such study.