Pride In Mental Health Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3850 To amend title V of the Public Health Service Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families. IN THE HOUSE OF REPRESENTATIVES JUNE 6, 2023 Ms. DAVIDS of Kansas (for herself, Mr. SORENSEN, Mr. TORRES of New York, Mr. POCAN, Ms. CRAIG, Mr. TAKANO, Ms. BALINT, Mr. ALLRED, Ms. BARRAGA´N, Mr. BLUMENAUER, Ms. BONAMICI, Mr. CARBAJAL, Mr. CASTEN, Ms. CHU, Mr. CLEAVER, Ms. DEAN of Pennsylvania, Mr. ESPAILLAT, Mr. EVANS, Ms. GARCIA of Texas, Mr. GOMEZ, Mr. BOW- MAN, Mr. GRIJALVA, Mr. HIGGINS of New York, Ms. NORTON, Ms. JA- COBS, Mr. KEATING, Mr. KILMER, Mr. KIM of New Jersey, Ms. LEE of California, Ms. LEGER FERNANDEZ, Ms. MCCOLLUM, Ms. MOORE of Wisconsin, Mr. MOULTON, Mrs. NAPOLITANO, Mr. QUIGLEY, Ms. SA´NCHEZ, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. STEVENS, Ms. TITUS, Ms. TOKUDA, Mr. TRONE, Ms. WILLIAMS of Georgia, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title V of the Public Health Service Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families. 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 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3850 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Pride In Mental 2 Health Act of 2023’’. 3 SEC. 2. GRANTS FOR MENTAL HEALTH SERVICES FOR 4 LGBTQ+ YOUTH. 5 Subpart 3 of part B of title V of the Public Health 6 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 7 adding at the end the following: 8 ‘‘SEC. 520O. GRANTS FOR MENTAL HEALTH SERVICES FOR 9 LGBTQ+ YOUTH. 10 ‘‘(a) IN GENERAL.—The Secretary, acting through 11 the Assistant Secretary for Mental Health and Substance 12 Use (referred to in this section as the ‘Secretary’), shall 13 establish a program under which the Secretary will award 14 grants to eligible entities to assess and improve lesbian, 15 gay, bisexual, transgender, queer or questioning, non- 16 binary, intersex, and Two Spirit youth mental health and 17 substance abuse outcomes. 18 ‘‘(b) USE OF FUNDS.—An eligible entity receiving a 19 grant under this section shall use funds received through 20 such grant— 21 ‘‘(1) to provide mental and behavioral health 22 and crisis intervention resources for lesbian, gay, bi- 23 sexual, transgender, queer or questioning, non- 24 binary, intersex, and Two Spirit youth, including 25 trauma-informed care; 26 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3850 IH ‘‘(2) to provide cultural competency training for 1 caregivers; 2 ‘‘(3) to develop and disseminate mental and be- 3 havioral health and crisis intervention resources for 4 lesbian, gay, bisexual, transgender, queer or ques- 5 tioning, nonbinary, intersex, and Two Spirit youth, 6 and their families and caregivers; 7 ‘‘(4) to develop and disseminate evidence-based 8 practices to be added to the Evidence-Based Prac- 9 tices Resource Center of the Substance Abuse and 10 Mental Health Administration; 11 ‘‘(5) to collect data with respect to the mental 12 and behavioral health of lesbian, gay, bisexual, 13 transgender, queer or questioning, nonbinary, 14 intersex, and Two Spirit youth; 15 ‘‘(6) to issue school bullying prevention guide- 16 lines with respect to lesbian, gay, bisexual, 17 transgender, queer or questioning, nonbinary, 18 intersex, and Two Spirit youth; 19 ‘‘(7) to provide for the integration within school 20 systems of mental and behavioral health services for 21 lesbian, gay, bisexual, transgender, queer or ques- 22 tioning, nonbinary, intersex, and Two Spirit youth; 23 ‘‘(8) to establish and implement mental and be- 24 havioral patient navigator programs for lesbian, gay, 25 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3850 IH bisexual, transgender, queer or questioning, non- 1 binary, intersex, and Two Spirit youth, and their 2 families; and 3 ‘‘(9) to create and disseminate family accept- 4 ance and support models for lesbian, gay, bisexual, 5 transgender, queer or questioning, nonbinary, 6 intersex, and Two Spirit youth, and their families 7 and caregivers. 8 ‘‘(c) LIMITATION.— 9 ‘‘(1) IN GENERAL.—An eligible entity selected 10 to receive a grant under this section shall agree, as 11 a condition on receiving the grant that such funds 12 shall not be used— 13 ‘‘(A) to provide conversion therapy to any 14 individual; 15 ‘‘(B) to advertise for the provision of con- 16 version therapy and claim in such advertising— 17 ‘‘(i) to change another individual’s 18 sexual orientation or gender identity; 19 ‘‘(ii) to eliminate or reduce sexual or 20 romantic attractions or feelings toward in- 21 dividuals of the same gender; or 22 ‘‘(iii) that such efforts are harmless or 23 without risk to individuals receiving such 24 therapy; 25 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3850 IH ‘‘(C) to knowingly assist or facilitate the 1 provision of conversion therapy to an individual 2 if such person receives compensation from any 3 source in connection with providing conversion 4 therapy; or 5 ‘‘(D) to promote or direct an individual to 6 conversion therapy resources or providers. 7 ‘‘(2) CONVERSION THERAPY DEFINED.—In this 8 subsection, the term ‘conversion therapy’— 9 ‘‘(A) means any practice or treatment by 10 any person that seeks to change another indi- 11 vidual’s sexual orientation or gender identity, 12 including efforts to change behaviors or gender 13 expressions, or to eliminate or reduce sexual or 14 romantic attractions or feelings toward individ- 15 uals of the same gender, if such person— 16 ‘‘(i) receives monetary compensation 17 in exchange for such practice or treatment; 18 or 19 ‘‘(ii) instead of, or in addition to, re- 20 ceiving monetary compensation in ex- 21 change for such practice or treatment di- 22 rectly, receives monetary compensation in 23 exchange for a product or service that is 24 integral to the provision of such practice or 25 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3850 IH treatment by such person, unless such 1 product or service is protected by the First 2 Amendment to the Constitution; and 3 ‘‘(B) does not include any practice or 4 treatment, which does not seek to change sexual 5 orientation or gender identity, that— 6 ‘‘(i) provides assistance to an indi- 7 vidual undergoing a gender transition; or 8 ‘‘(ii) provides acceptance, support, 9 and understanding of a client or facilita- 10 tion of a client’s coping, social support, 11 and identity exploration and development, 12 including sexual orientation-neutral inter- 13 ventions to prevent or address unlawful 14 conduct or unsafe sexual practices. 15 ‘‘(d) REVIEW OF REPORTS.— 16 ‘‘(1) IN GENERAL.—Not later than 1 year after 17 the date of the enactment of this section, the Sec- 18 retary shall review, and update as necessary, the re- 19 ports and publications listed on the internet website 20 of the Substance Abuse and Mental Health Adminis- 21 tration as of the date of the enactment of this sec- 22 tion that are focused on lesbian, gay, bisexual, 23 transgender, queer or questioning, nonbinary, 24 intersex, and Two Spirit individuals. 25 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3850 IH ‘‘(2) PRIORITY.—In reviewing reports and pub- 1 lications under paragraph (1), the Secretary shall 2 prioritize updating older reports and commissioning 3 new reports that fill information gaps with respect 4 to the mental and behavioral health of lesbian, gay, 5 bisexual, transgender, queer or questioning, non- 6 binary, intersex, and Two Spirit individuals. 7 ‘‘(e) FEDERAL SURVEY.—The Secretary shall develop 8 and conduct a Federal survey measuring serious psycho- 9 logical distress, mental illness, mental health, and mental 10 health care among lesbian, gay, bisexual, transgender, 11 queer or questioning, nonbinary, intersex, and Two Spirit 12 youth. In developing such survey, the Secretary may con- 13 sider integrating such survey as an enhanced feature of 14 the National Survey on Drug Use and Health. 15 ‘‘(f) REPORT.— 16 ‘‘(1) IN GENERAL.—Not later than 180 days 17 after the date of the enactment of this section, the 18 Secretary shall, in consultation with the Director of 19 the National Institute of Mental Health and the As- 20 sistant Secretary for the Administration for Children 21 and Families, commence a report on mental health, 22 mental health care, and cultural competency in men- 23 tal health care for lesbian, gay, bisexual, 24 transgender, queer or questioning, nonbinary, 25 VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 3850 IH intersex, and Two Spirit youth in foster care and 1 who are beneficiaries of other social services pro- 2 grams subject to Federal oversight. 3 ‘‘(2) SUBMISSION TO CONGRESS.—Not later 4 than 2 years after the date of the enactment of this 5 section, the Secretary shall submit the report re- 6 quired under paragraph (1) to the Committee on 7 Energy and Commerce of the House of Representa- 8 tives and the Committee on Health, Education, 9 Labor, and Pensions of the Senate.’’. 10 Æ VerDate Sep 11 2014 23:41 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H3850.IH H3850 kjohnson on DSK79L0C42PROD with BILLS