Higher Education Mental Health Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1665 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 MAY 17, 2023 Mr. CASEY (for himself, Mr. KAINE, Ms. SMITH, Mr. BLUMENTHAL, Ms. KLO- BUCHAR, Mr. PADILLA, Mr. WYDEN, Mr. VAN HOLLEN, Mr. MURPHY, Ms. BALDWIN, Mr. MERKLEY, and Mr. FETTERMAN) introduced the fol- lowing 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 Stu- dents with Mental Health Disabilities in Institutions of Higher Education, 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 ‘‘Higher Education 4 Mental Health Act of 2023’’. 5 SEC. 2. FINDINGS AND PURPOSES. 6 (a) FINDINGS.—Congress finds the following: 7 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1665 IS (1) More than 75 percent of mental health con- 1 ditions begin before the age of 24. 2 (2) More than 25 percent of students between 3 the ages of 18 and 24 reported a mental health con- 4 cern. 5 (3) More than 50 percent of students between 6 the ages of 18 and 24 reported having a severe psy- 7 chological problem. 8 (4) More than 50 percent of students between 9 the ages of 18 and 24 reported feelings of hopeless- 10 ness. 11 (5) Higher education counseling centers are de- 12 voting more time to rapid-response treatment with 13 more than 25 percent of students who sought help 14 reporting they had intentionally hurt themselves. 15 (6) Over a 5-year period, counseling center uti- 16 lization increased by an average of 30 to 40 percent, 17 while enrollment increased by only 5 percent, forcing 18 institutions to stretch mental health services to more 19 students without increasing resources. 20 (b) PURPOSES.—The purposes of this Act are the fol- 21 lowing: 22 (1) To ensure States and institutions of higher 23 education are provided with accurate information on 24 the mental health concerns facing students. 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1665 IS (2) To provide detailed recommendations that 1 institutions of higher education, States, and the 2 Federal Government can take to improve the mental 3 health services available to students and properly 4 treat the rising number of students with mental 5 health issues. 6 SEC. 3. ADVISORY COMMISSION ON SERVING AND SUP- 7 PORTING STUDENTS WITH MENTAL HEALTH 8 DISABILITIES IN INSTITUTIONS OF HIGHER 9 EDUCATION. 10 (a) IN GENERAL.—The Secretary of Education shall 11 establish a commission to be known as the Advisory Com- 12 mission on Serving and Supporting Students with Mental 13 Health Disabilities in Institutions of Higher Education 14 (referred to in this section as the ‘‘Commission’’). 15 (b) MEMBERSHIP.— 16 (1) TOTAL NUMBER OF MEMBERS.—The Com- 17 mission shall include not more than 20 members, 18 who shall be appointed by the Secretary of Edu- 19 cation in accordance with paragraphs (2) and (3). 20 (2) MEMBERS OF THE COMMISSION.—The 21 Commission shall include 1 representative from each 22 of the following: 23 (A) The Office of Postsecondary Education 24 of the Department of Education. 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1665 IS (B) The Office of Special Education and 1 Rehabilitative Services of the Department of 2 Education. 3 (C) The Office for Civil Rights of the De- 4 partment of Education. 5 (D) The Office for Civil Rights of the De- 6 partment of Justice. 7 (E) The National Council on Disability. 8 (F) A membership association for adminis- 9 trative and personnel professionals focused on 10 creating an inclusive higher education environ- 11 ment for individuals with disabilities, as deter- 12 mined by the Secretary of Education. 13 (G) An organization that represents the 14 Protection and Advocacy for Individuals with 15 Mental Illness program. 16 (H) An organization operated by and rep- 17 resenting secondary and postsecondary edu- 18 cation students with mental health disabilities 19 advocating for mental health services and sui- 20 cide prevention. 21 (I) An organization representing coun- 22 seling directors at institutions of higher edu- 23 cation. 24 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1665 IS (3) ADDITIONAL MEMBERS OF THE COMMIS- 1 SION.—In addition to the members included under 2 paragraph (2), the Commission shall include the fol- 3 lowing: 4 (A) Four members from leadership of in- 5 stitutions of higher education who have dem- 6 onstrated experience in successfully supporting 7 the retention and graduation of students with 8 mental health disabilities, including from coun- 9 seling and psychiatric services staff. With re- 10 spect to such 4 members, 1 member shall be a 11 staff member of a 2-year degree-granting insti- 12 tution of higher education, 1 member shall be 13 a staff member from a 4-year degree-granting 14 institution of higher education, 1 member shall 15 be a member of campus law enforcement, and 16 1 member shall serve as a general counsel. Such 17 4 members shall represent institutions of dif- 18 fering sizes. 19 (B) Three members from family members 20 of individuals who are— 21 (i) enrolled in an institution of higher 22 education on the date such family member 23 is appointed to the Commission; or 24 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1665 IS (ii) former students with a mental 1 health disability. 2 (C) Four members from individuals with 3 mental health disabilities, including not less 4 than 2 individuals enrolled in an institution of 5 higher education on the date of appointment to 6 the Commission. Any remaining member shall 7 be an individual with a mental health disability 8 who has attended an institution of higher edu- 9 cation. 10 (4) TIMING.—The Secretary of Education shall 11 establish the Commission and appoint the members 12 of the Commission not later than 60 days after the 13 date of enactment of this Act. 14 (c) CHAIRPERSON AND VICE CHAIRPERSON.—The 15 Commission shall select a chairperson and vice chair- 16 person from among the members of the Commission. Ei- 17 ther the chairperson or the vice chairperson shall be a stu- 18 dent or former student with a mental health disability. 19 (d) MEETINGS.— 20 (1) IN GENERAL.—The Commission shall meet 21 at the call of the chairperson, but not less often than 22 8 times. 23 (2) FIRST MEETING.—Not later than 60 days 24 after the appointment of the members of the Com- 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1665 IS mission under subsection (b), the Commission shall 1 hold the Commission’s first meeting. 2 (e) DUTIES.—The Commission shall conduct a study, 3 using the highest quality and most representative data and 4 research available, and prepare a report for the Secretary 5 of Education that includes the following: 6 (1) Findings from stakeholders, including 7 through solicitation of public testimony, related to 8 the challenges faced by students with mental health 9 disabilities in institutions of higher education, in- 10 cluding— 11 (A) the services available to students with 12 mental health disabilities in institutions of high- 13 er education and their effectiveness in sup- 14 porting these students; 15 (B) the impact of policies and procedures 16 that help or hinder the goal of providing equal 17 opportunity for students with mental health dis- 18 abilities, such as reasonable accommodation 19 policies, mandatory and voluntary leave policies, 20 and disciplinary policies; 21 (C) the use of protected health information 22 of students with mental health disabilities by 23 institutions of higher education, including the 24 extent to which campus-based mental health 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1665 IS providers share this information with institution 1 officials without student consent; and 2 (D) the impact of providing mental health 3 services on a student’s academic performance, 4 well-being, and ability to complete postsec- 5 ondary education. 6 (2) Conclusions on the major challenges facing 7 students with mental health disabilities in institu- 8 tions of higher education. 9 (3) Recommendations to improve the overall 10 education, and retention and graduation, of students 11 with mental health disabilities in institutions of 12 higher education, with the goal of helping these stu- 13 dents access educational opportunities equal to those 14 of their non-disabled peers. 15 (f) COMMISSION PERSONNEL MATTERS.— 16 (1) TRAVEL EXPENSES.—The members of the 17 Commission shall not receive compensation for the 18 performance of services for the Commission, but 19 shall be allowed reasonable travel expenses, including 20 per diem in lieu of subsistence, at rates authorized 21 for employees of agencies under subchapter I of 22 chapter 57 of title 5, United States Code, while 23 away from their homes or regular places of business 24 in the performance of services for the Commission. 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1665 IS Notwithstanding section 1342 of title 31, United 1 States Code, the Secretary of Education may accept 2 the voluntary and uncompensated services of mem- 3 bers of the Commission. 4 (2) STAFF.—The Secretary of Education may 5 designate such personnel as may be necessary to en- 6 able the Commission to perform its duties. 7 (3) DETAIL OF GOVERNMENT EMPLOYEES.— 8 Any Federal Government employee, with the ap- 9 proval of the head of the appropriate Federal agen- 10 cy, may be detailed to the Commission without reim- 11 bursement, and such detail shall be without inter- 12 ruption of loss of civil service status or privilege. 13 (4) FACILITIES, EQUIPMENT, AND SERVICES.— 14 The Secretary of Education shall make available to 15 the Commission, under such arrangements as may 16 be appropriate, necessary equipment, supplies, and 17 services. 18 (g) REPORTS.— 19 (1) INTERIM AND FINAL REPORTS.—The Com- 20 mission shall prepare and submit to the Secretary of 21 Education, as well as the Committee on Health, 22 Education, Labor, and Pensions of the Senate and 23 the Committee on Education and the Workforce of 24 the House of Representatives— 25 VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1665 IS (A) an interim report that summarizes the 1 progress of the Commission, along with any in- 2 terim findings, conclusions, and recommenda- 3 tions as described in subsection (e); and 4 (B) a final report that states final find- 5 ings, conclusions, and recommendations as de- 6 scribed in such subsection. 7 (2) PREPARATION AND SUBMISSION.—The re- 8 ports described in paragraph (1) shall be prepared 9 and submitted— 10 (A) in the case of the interim report, not 11 later than 1 year after the date on which all the 12 members of the Commission are appointed; and 13 (B) in the case of the final report, not 14 later than 2 years after the date on which all 15 the members of the Commission are appointed. 16 (h) TERMINATION.—The Commission shall terminate 17 on the day after the date on which the Commission sub- 18 mits the final report under subsection (g). 19 Æ VerDate Sep 11 2014 19:34 Jun 07, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1665.IS S1665 kjohnson on DSK79L0C42PROD with BILLS