I 118TH CONGRESS 1ST SESSION H. R. 822 To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to eligible entities to estab- lish or maintain a student mental health and safety helpline, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 2, 2023 Mr. STEWART (for himself and Ms. BONAMICI) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to eligible entities to establish or maintain a student mental health and safety helpline, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Student Mental Health 4 Helpline Act’’. 5 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 822 IH SEC. 2. GRANTS FOR STUDENT MENTAL HEALTH AND SAFE- 1 TY HELPLINE. 2 Part D of title V of the Public Health Service Act 3 (42 U.S.C. 290dd et seq.) is amended by adding at the 4 end the following: 5 ‘‘SEC. 553. GRANTS FOR STUDENT MENTAL HEALTH AND 6 SAFETY HELPLINE. 7 ‘‘(a) IN GENERAL.— 8 ‘‘(1) ESTABLISHMENT OR MAINTENANCE 9 GRANTS.—The Secretary, acting through the Assist- 10 ant Secretary for Mental Health and Substance Use, 11 and in consultation with the Secretary of Education, 12 may award grants to eligible entities to establish or 13 maintain a student mental health and safety helpline 14 that— 15 ‘‘(A) is free and confidential; 16 ‘‘(B) is accessible to students through mul- 17 tiple platforms; 18 ‘‘(C) provides information to school offi- 19 cials about student health and safety issues, to 20 the extent permitted by the HIPAA privacy reg- 21 ulations; and 22 ‘‘(D) operates 24 hours a day, seven days 23 a week, every day of the year. 24 ‘‘(2) TRANSITION GRANTS.— 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 822 IH ‘‘(A) IN GENERAL.—The Secretary, acting 1 through the Assistant Secretary for Mental 2 Health and Substance Use, and in consultation 3 with the Secretary of Education, may award 4 grants to States, local governments, Indian 5 Tribes, and Tribal organizations to transition, 6 by not later than 2 years after the award of the 7 grant, a helpline that was in existence on the 8 day before the date of enactment of the Student 9 Mental Health Helpline Act to an agency or 10 subdivision whose primary responsibility relates 11 to health, public health, or education so as to 12 become eligible for grants under paragraph (1). 13 ‘‘(B) USE OF FUNDS.—A grant under sub- 14 paragraph (A) shall be used exclusively for 15 costs associated with the transition described in 16 such subparagraph. 17 ‘‘(b) APPLICATION OF HIPAA PRIVACY REGULA- 18 TIONS.— 19 ‘‘(1) COVERED ENTITY.—A helpline funded 20 under subsection (a)(1) shall be treated as a covered 21 entity (as defined in section 106.103 of title 45, 22 Code of Federal Regulations (or successor regula- 23 tions)), and information received by the helpline 24 from students contacting the helpline shall be treat- 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 822 IH ed as protected health information (as defined in 1 such section 106.103 (or successor regulations)), for 2 purposes of the HIPAA privacy regulations. 3 ‘‘(2) ADDITIONAL PRIVACY STANDARDS.—Noth- 4 ing in this section shall be construed to preempt or 5 otherwise prohibit the application, with respect to a 6 helpline funded under this section, of privacy stand- 7 ards in addition to those applicable under the 8 HIPAA privacy regulations. 9 ‘‘(c) ELIGIBLE GRANTEES.—To be eligible to receive 10 a grant under subsection (a)(1), an entity shall be an 11 agency or other subdivision— 12 ‘‘(1) of a State, a local government, an Indian 13 Tribe, or a Tribal organization; and 14 ‘‘(2) whose primary responsibility relates to 15 health, public health, or education. 16 ‘‘(d) REQUIREMENTS.—A recipient of a grant under 17 subsection (a)(1) shall use the grant for each of the fol- 18 lowing: 19 ‘‘(1) Supporting a phone line, texting, and so- 20 cial media accounts for students facing challenges 21 with abuse, bullying, depression, risk of self-injury, 22 risk of injury to others, or suicidal thoughts. 23 ‘‘(2) Providing such support in a culturally 24 competent manner, including to students who— 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 822 IH ‘‘(A) are from diverse backgrounds; or 1 ‘‘(B) identify with groups associated with a 2 higher risk of bullying, abuse, and suicide, such 3 as individuals who are LGBTQ or have disabil- 4 ities. 5 ‘‘(3) Coordinating with— 6 ‘‘(A) other mental health crisis lines; 7 ‘‘(B) State and local mental health agen- 8 cies and providers, local educational agencies, 9 school administrators, and community-based 10 health service providers; and 11 ‘‘(C) in cases of neglect and abuse, State 12 and local family service agencies. 13 ‘‘(4) Ensuring that— 14 ‘‘(A) activities funded through the grant 15 are conducted in accordance with all applicable 16 Federal and State privacy standards; and 17 ‘‘(B) health care information collected 18 through such activities will be maintained in a 19 secure manner. 20 ‘‘(5) Developing a disaster recovery plan and 21 redundancy measures to ensure continuous technical 22 operations. 23 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 822 IH ‘‘(e) OTHER ALLOWABLE USES.—A recipient of a 1 grant under subsection (a)(1) may choose to use the grant 2 for any of the following: 3 ‘‘(1) Supporting forms of communication in ad- 4 dition to those specified in subsection (d)(1), such as 5 online forms and an email account. 6 ‘‘(2) In addition to coordinating with the enti- 7 ties specified in subsection (d)(3), coordinating with 8 nonprofit organizations and institutions of higher 9 education. 10 ‘‘(3) Developing educational curricula that 11 schools may choose to offer, in conjunction with the 12 helpline funded through the grant, to remove the 13 stigma of mental illness, prevent bullying, prevent 14 domestic violence, prevent suicide, or otherwise ad- 15 dress student mental health and safety. 16 ‘‘(4) Promoting activities to encourage students 17 to use the helpline funded through the grant. 18 ‘‘(5) Collecting and analyzing data on the use 19 of the helpline funded through the grant to improve 20 and adjust services offered through the helpline. 21 ‘‘(6) Providing support in multiple languages in 22 areas with a high concentration of multiple language 23 speakers. 24 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 822 IH ‘‘(7) Developing, in accordance with best prac- 1 tices and guidelines of the Substance Abuse and 2 Mental Health Services Administration for behav- 3 ioral health crisis care, protocols and training for 4 identifying and responding to students who present 5 an imminent risk of harming themselves or others. 6 ‘‘(8) Providing training, technology, and per- 7 sonnel necessary to comply with the HIPAA privacy 8 regulations or other relevant privacy standards. 9 ‘‘(9) Coordinating and sharing best practices 10 with other student mental health and safety 11 helplines, including other helplines funded pursuant 12 to this section. 13 ‘‘(10) Sharing personnel (such as crisis coun- 14 selors), services (such as technology and data man- 15 agement services), and other resources deemed ap- 16 propriate by the Secretary with other mental health 17 and safety helplines that— 18 ‘‘(A) are operated by the recipient of the 19 grant; or 20 ‘‘(B) are operated by another entity and 21 funded through the Substance Abuse and Men- 22 tal Health Services Administration. 23 ‘‘(f) PERIOD OF A GRANT.—The period of a grant 24 under subsection (a)(1) shall be not less than 5 years. 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 822 IH ‘‘(g) SUBGRANTS AND CONTRACTS.— 1 ‘‘(1) AUTHORIZATION.—A recipient of a grant 2 under subsection (a)(1) may award subgrants and 3 enter into contracts to carry out activities funded 4 through the grant. 5 ‘‘(2) ELIGIBLE SUBGRANTEES AND CONTRAC- 6 TORS.—To be eligible to receive a subgrant or con- 7 tract under paragraph (1), an entity shall be— 8 ‘‘(A) a local educational agency; 9 ‘‘(B) an institution of higher education; 10 ‘‘(C) a nonprofit organization; 11 ‘‘(D) a for-profit organization that pro- 12 vides— 13 ‘‘(i) website or data management serv- 14 ices; 15 ‘‘(ii) specialized staff trained in crisis 16 intervention to answer incoming messages; 17 or 18 ‘‘(iii) other products or services 19 deemed by the Secretary to be appropriate 20 for establishing or maintaining a helpline 21 funded under subsection (a)(1); 22 ‘‘(E) a school; or 23 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 822 IH ‘‘(F) another type of entity deemed by the 1 Secretary to be appropriate for subgrants or 2 contracts under paragraph (1). 3 ‘‘(3) ACCREDITATION.—To be eligible to receive 4 a subgrant or contract under paragraph (1) for spe- 5 cialized staff trained in crisis intervention to answer 6 incoming messages, an entity shall be accredited by 7 a nationally recognized accreditation entity that ap- 8 plies current evidence-based practices related to 9 mental and behavioral health. 10 ‘‘(4) PRIORITY.—In awarding subgrants and 11 contracts under paragraph (1), a recipient of a 12 grant under subsection (a)(1) shall give priority to 13 eligible entities that— 14 ‘‘(A) retain a licensed mental health care 15 practitioner on staff; and 16 ‘‘(B) participate in the network of the Na- 17 tional Suicide Prevention Lifeline. 18 ‘‘(h) REPORTING.— 19 ‘‘(1) ANNUAL REPORTS TO CONGRESS.—Each 20 fiscal year for which grants are awarded under sub- 21 section (a)(1) or (a)(2), the Secretary shall— 22 ‘‘(A) study the results of the grants; and 23 ‘‘(B) submit to the Congress a report on 24 such results, including— 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 822 IH ‘‘(i) an evaluation of the outcomes of 1 the programs under subsections (a)(1) and 2 (a)(2); 3 ‘‘(ii) a summary of activities carried 4 out with grants under subsections (a)(1) 5 and (a)(2) and the results achieved 6 through those activities; 7 ‘‘(iii) to the extent practicable, the de- 8 mographics of students served and nature 9 of messages received through grants under 10 subsections (a)(1) and (a)(2); and 11 ‘‘(iv) in the case of grants under sub- 12 section (a)(2), an analysis of changes in 13 the outcomes, activities, demographics, and 14 nature of messages described in clauses (i), 15 (ii), and (iii) as a result of transitioning 16 helplines to different agencies or subdivi- 17 sions. 18 ‘‘(2) REPORT ON FEASIBILITY OF A NATIONAL 19 STUDENT HELPLINE.—Not later than 1 year after 20 the date of enactment of the Student Mental Health 21 Helpline Act, the Secretary, in consultation with the 22 Secretary of Education and the Chair of the Federal 23 Communications Commission, shall publish a report 24 on— 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 822 IH ‘‘(A) the feasibility of making a student 1 mental health and safety helpline nationally 2 available; 3 ‘‘(B) how to successfully integrate the 4 helplines of States and other entities into a con- 5 solidated national student mental health and 6 safety helpline; and 7 ‘‘(C) the feasibility and potential benefits 8 and drawbacks of adding a student-specific ca- 9 pability to the National Suicide Prevention 10 Lifeline. 11 ‘‘(i) DEFINITIONS.—In this section: 12 ‘‘(1) The term ‘HIPAA privacy regulations’ 13 means the Federal regulations (concerning the pri- 14 vacy of individually identifiable health information) 15 promulgated under section 264(c) of the Health In- 16 surance Portability and Accountability Act of 1996 17 (42 U.S.C. 1320d–2 note). 18 ‘‘(2) The terms ‘Indian Tribe’ and ‘Tribal orga- 19 nization’ have the meanings given to such terms in 20 section 4 of the Indian Self-Determination and Edu- 21 cation Assistance Act. 22 ‘‘(3) The term ‘institution of higher education’ 23 has the meaning given to such term in section 101 24 of the Higher Education Act of 1965. 25 VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 822 IH ‘‘(4) The term ‘local educational agency’ has 1 the meaning given to such term in section 8101 of 2 the Elementary and Secondary Education Act of 3 1965. 4 ‘‘(5) The term ‘State’ includes the District of 5 Columbia and each territory or commonwealth of the 6 United States. 7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—To 8 carry out this section, there is authorized to be appro- 9 priated $55,000,000 for each of fiscal years 2024 through 10 2034.’’. 11 Æ VerDate Sep 11 2014 01:50 Mar 02, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\H822.IH H822 pbinns on DSKJLVW7X2PROD with $$_JOB