Mental Health Services for Students Act of 2020

IIB 116TH CONGRESS 2D SESSION H. R. 1109 IN THE SENATE OF THE UNITED STATES SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions AN ACT To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 2 HR 1109 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Mental Health Services 2 for Students Act of 2020’’. 3 SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 4 ACT. 5 (a) TECHNICAL AMENDMENTS.—The second part G 6 (relating to services provided through religious organiza- 7 tions) of title V of the Public Health Service Act (42 8 U.S.C. 290kk et seq.) is amended— 9 (1) by redesignating such part as part J; and 10 (2) by redesignating sections 581 through 584 11 as sections 596 through 596C, respectively. 12 (b) SCHOOL-BASED MENTAL HEALTH AND CHIL- 13 DREN.—Section 581 of the Public Health Service Act (42 14 U.S.C. 290hh) (relating to children and violence) is 15 amended to read as follows: 16 ‘‘SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN 17 AND ADOLESCENTS. 18 ‘‘(a) IN GENERAL.—The Secretary, in consultation 19 with the Secretary of Education, shall, through grants, 20 contracts, or cooperative agreements awarded to eligible 21 entities described in subsection (c), provide comprehensive 22 school-based mental health services and supports to assist 23 children in local communities and schools (including 24 schools funded by the Bureau of Indian Education) deal- 25 ing with traumatic experiences, grief, bereavement, risk of 26 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 3 HR 1109 RFS suicide, and violence. Such services and supports shall 1 be— 2 ‘‘(1) developmentally, linguistically, and cul- 3 turally appropriate; 4 ‘‘(2) trauma-informed; and 5 ‘‘(3) incorporate positive behavioral interven- 6 tions and supports. 7 ‘‘(b) ACTIVITIES.—Grants, contracts, or cooperative 8 agreements awarded under subsection (a), shall, as appro- 9 priate, be used for— 10 ‘‘(1) implementation of school and community- 11 based mental health programs that— 12 ‘‘(A) build awareness of individual trauma 13 and the intergenerational, continuum of impacts 14 of trauma on populations; 15 ‘‘(B) train appropriate staff to identify, 16 and screen for, signs of trauma exposure, men- 17 tal health disorders, or risk of suicide; and 18 ‘‘(C) incorporate positive behavioral inter- 19 ventions, family engagement, student treatment, 20 and multigenerational supports to foster the 21 health and development of children, prevent 22 mental health disorders, and ameliorate the im- 23 pact of trauma; 24 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 4 HR 1109 RFS ‘‘(2) technical assistance to local communities 1 with respect to the development of programs de- 2 scribed in paragraph (1); 3 ‘‘(3) facilitating community partnerships among 4 families, students, law enforcement agencies, edu- 5 cation agencies, mental health and substance use 6 disorder service systems, family-based mental health 7 service systems, child welfare agencies, health care 8 providers (including primary care physicians, mental 9 health professionals, and other professionals who 10 specialize in children’s mental health such as child 11 and adolescent psychiatrists), institutions of higher 12 education, faith-based programs, trauma networks, 13 and other community-based systems to address child 14 and adolescent trauma, mental health issues, and vi- 15 olence; and 16 ‘‘(4) establishing mechanisms for children and 17 adolescents to report incidents of violence or plans 18 by other children, adolescents, or adults to commit 19 violence. 20 ‘‘(c) REQUIREMENTS.— 21 ‘‘(1) IN GENERAL.—To be eligible for a grant, 22 contract, or cooperative agreement under subsection 23 (a), an entity shall be a partnership that includes— 24 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 5 HR 1109 RFS ‘‘(A) a State educational agency, as de- 1 fined in section 8101 of the Elementary and 2 Secondary Education Act of 1965, in coordina- 3 tion with one or more local educational agen- 4 cies, as defined in section 8101 of the Elemen- 5 tary and Secondary Education Act of 1965, or 6 a consortium of any entities described in sub- 7 paragraph (B), (C), (D), or (E) of section 8 8101(30) of such Act; and 9 ‘‘(B) at least 1 community-based mental 10 health provider, including a public or private 11 mental health entity, health care entity, family- 12 based mental health entity, trauma network, or 13 other community-based entity, as determined by 14 the Secretary (and which may include addi- 15 tional entities such as a human services agency, 16 law enforcement or juvenile justice entity, child 17 welfare agency, agency, an institution of higher 18 education, or another entity, as determined by 19 the Secretary). 20 ‘‘(2) COMPLIANCE WITH HIPAA.—Any patient 21 records developed by covered entities through activi- 22 ties under the grant shall meet the regulations pro- 23 mulgated under section 264(c) of the Health Insur- 24 ance Portability and Accountability Act of 1996. 25 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 6 HR 1109 RFS ‘‘(3) COMPLIANCE WITH FERPA.—Section 444 1 of the General Education Provisions Act (commonly 2 known as the ‘Family Educational Rights and Pri- 3 vacy Act of 1974’) shall apply to any entity that is 4 a member of the partnership in the same manner 5 that such section applies to an educational agency or 6 institution (as that term is defined in such section). 7 ‘‘(d) GEOGRAPHICAL DISTRIBUTION.—The Secretary 8 shall ensure that grants, contracts, or cooperative agree- 9 ments under subsection (a) will be distributed equitably 10 among the regions of the country and among urban and 11 rural areas. 12 ‘‘(e) DURATION OF AWARDS.—With respect to a 13 grant, contract, or cooperative agreement under sub- 14 section (a), the period during which payments under such 15 an award will be made to the recipient shall be 5 years, 16 with options for renewal. 17 ‘‘(f) EVALUATION AND MEASURES OF OUTCOMES.— 18 ‘‘(1) DEVELOPMENT OF PROCESS.—The Assist- 19 ant Secretary shall develop a fiscally appropriate 20 process for evaluating activities carried out under 21 this section. Such process shall include— 22 ‘‘(A) the development of guidelines for the 23 submission of program data by grant, contract, 24 or cooperative agreement recipients; 25 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 7 HR 1109 RFS ‘‘(B) the development of measures of out- 1 comes (in accordance with paragraph (2)) to be 2 applied by such recipients in evaluating pro- 3 grams carried out under this section; and 4 ‘‘(C) the submission of annual reports by 5 such recipients concerning the effectiveness of 6 programs carried out under this section. 7 ‘‘(2) MEASURES OF OUTCOMES.—The Assistant 8 Secretary shall develop measures of outcomes to be 9 applied by recipients of assistance under this section 10 to evaluate the effectiveness of programs carried out 11 under this section, including outcomes related to the 12 student, family, and local educational systems sup- 13 ported by this Act. 14 ‘‘(3) SUBMISSION OF ANNUAL DATA.—An eligi- 15 ble entity described in subsection (c) that receives a 16 grant, contract, or cooperative agreement under this 17 section shall annually submit to the Assistant Sec- 18 retary a report that includes data to evaluate the 19 success of the program carried out by the entity 20 based on whether such program is achieving the pur- 21 poses of the program. Such reports shall utilize the 22 measures of outcomes under paragraph (2) in a rea- 23 sonable manner to demonstrate the progress of the 24 program in achieving such purposes. 25 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 8 HR 1109 RFS ‘‘(4) EVALUATION BY ASSISTANT SECRETARY.— 1 Based on the data submitted under paragraph (3), 2 the Assistant Secretary shall annually submit to 3 Congress a report concerning the results and effec- 4 tiveness of the programs carried out with assistance 5 received under this section. 6 ‘‘(5) LIMITATION.—An eligible entity shall use 7 not more than 20 percent of amounts received under 8 a grant under this section to carry out evaluation 9 activities under this subsection. 10 ‘‘(g) INFORMATION AND EDUCATION.—The Sec- 11 retary shall disseminate best practices based on the find- 12 ings of the knowledge development and application under 13 this section. 14 ‘‘(h) AMOUNT OF GRANTS AND AUTHORIZATION OF 15 APPROPRIATIONS.— 16 ‘‘(1) AMOUNT OF GRANTS.—A grant under this 17 section shall be in an amount that is not more than 18 $2,000,000 for each of the first 5 fiscal years fol- 19 lowing the date of enactment of the Mental Health 20 Services for Students Act of 2019. The Secretary 21 shall determine the amount of each such grant based 22 on the population of children up to age 21 of the 23 area to be served under the grant. 24 VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS 9 HR 1109 RFS ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 1 There is authorized to be appropriated to carry out 2 this section, $130,000,000 for each of fiscal years 3 2021 through 2024.’’. 4 (c) CONFORMING AMENDMENT.—Part G of title V of 5 the Public Health Service Act (42 U.S.C. 290hh et seq.), 6 as amended by subsection (b), is further amended by strik- 7 ing the part designation and heading and inserting the 8 following: 9 ‘‘PART G—SCHOOL-BASED MENTAL HEALTH’’. 10 Passed the House of Representatives September 29, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 06:11 Oct 01, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1109.RFS H1109 kjohnson on DSK79L0C42PROD with BILLS