Pandemic Darlings The pandemic economy, in original documents
Home Source documents Mental Health Matters Act (House of Representatives, 117th Congress, September 22, 2022)

Mental Health Matters Act (House of Representatives, 117th Congress, September 22, 2022)

Summary

House Report 117–484, dated September 22, 2022, is the report of the Committee on Education and Labor on H.R. 7780, the Mental Health Matters Act, submitted together with minority views; the committee reports the bill favorably with an amendment. The amendment's table of contents lists titles including the Early Childhood Mental Health Act, the Elementary and Secondary School Counseling Act and the Strengthening Behavioral Health Benefits Act. Section 107 authorizes $100,000,000 for the period of fiscal years 2023 through 2032 for carrying out sections 103(b), 104, and 106. The minority views, over the name of Virginia Foxx, Ranking Member, describe a Republican alternative.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials

Cite this document

“Mental Health Matters Act (House of Representatives, 117th Congress, September 22, 2022).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt484-crpt-117hrpt484/, SHA-256 a83331672539650b47e262b504c307982ef4589ec5b142594d9ce8212aa96699.

Full text

                                                                              117TH CONGRESS                                                                                              REPORT
                                                                                             " HOUSE OF REPRESENTATIVES                                                           !
                                                                                 2d Session                                                                                               117–484




                                                                                                           MENTAL HEALTH MATTERS ACT



                                                                                   SEPTEMBER 22, 2022.—Committed to the Committee of the Whole House on the
                                                                                                  State of the Union and ordered to be printed




                                                                                    Mr. SCOTT of Virginia, from the Committee on Education and
                                                                                                  Labor, submitted the following


                                                                                                                               R E P O R T
                                                                                                                                   together with

                                                                                                                             MINORITY VIEWS

                                                                                                                            [To accompany H.R. 7780]

                                                                                The Committee on Education and Labor, to whom was referred
                                                                              the bill (H.R. 7780) to support the behavioral needs of students and
                                                                              youth, invest in the school-based behavioral health workforce, and
                                                                              ensure access to mental health and substance use disorder benefits,
                                                                              having considered the same, reports favorably thereon with an
                                                                              amendment and recommends that the bill as amended do pass.
                                                                                                                                      CONTENTS
                                                                                                                                                                                                             Page
                                                                              Purpose and Summary ............................................................................................                18
                                                                              Committee Action ....................................................................................................           19
                                                                              Committee Views .....................................................................................................           21
                                                                              Section-by-Section Analysis ....................................................................................                41
                                                                              Explanation of Amendments ...................................................................................                   49
                                                                              Application of Law to the Legislative Branch .......................................................                            49
                                                                              Unfunded Mandate Statement ...............................................................................                      49
                                                                              Earmark Statement .................................................................................................             49
                                                                              Roll Call Votes .........................................................................................................       49
                                                                              Statement of Performance Goals and Objectives ..................................................                                55
                                                                              Duplication of Federal Programs ............................................................................                    55
                                                                              Hearings ...................................................................................................................    55
                                                                              Statement of Oversight Findings and Recommendations of the Committee ......                                                     55
                                                                              New Budget Authority and CBO Cost Estimate ...................................................                                  55
                                                                              Committee Cost Estimate .......................................................................................                 56
                                                                              Changes in Existing Law Made by the Bill, as Reported .....................................                                     56
                                                                              Minority Views .........................................................................................................       119

                                                                                   The amendment is as follows:




dlhill on DSK120RN23PROD with HEARING
                                                                                    29–006




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006      PO 00000       Frm 00001       Fmt 6659       Sfmt 6602      E:\HR\OC\HR484.XXX             HR484
                                                                                                                                     2

                                                                                   Strike all after the enacting clause and insert the following:
                                                                              SECTION 1. SHORT TITLE.
                                                                                   This Act may be cited as the ‘‘Mental Health Matters Act’’.
                                                                              SEC. 2. TABLE OF CONTENTS.
                                                                                   The table of contents of this Act is as follows:
                                                                              Sec. 1. Short title.
                                                                              Sec. 2. Table of contents.

                                                                                                           TITLE I—EARLY CHILDHOOD MENTAL HEALTH ACT
                                                                              Sec. 101. Short title.
                                                                              Sec. 102. Identification of effective interventions in Head Start programs.
                                                                              Sec. 103. Implementing the interventions in Head Start programs.
                                                                              Sec. 104. Evaluating implementation of interventions in Head Start programs.
                                                                              Sec. 105. Implementing the evaluation framework for Head Start programs.
                                                                              Sec. 106. Best Practice Centers.
                                                                              Sec. 107. Funding.

                                                                                   TITLE II—BUILDING PIPELINE OF SCHOOL-BASED MENTAL HEALTH SERVICE PROVIDERS ACT
                                                                              Sec. 201. Short title.
                                                                              Sec. 202. Definitions.
                                                                              Sec. 203. Grant program to increase the number of school-based mental health services providers serving in
                                                                                        high-need local educational agencies.

                                                                                                 TITLE III—ELEMENTARY AND SECONDARY SCHOOL COUNSELING ACT
                                                                              Sec. 301. Short title.
                                                                              Sec. 302. Definitions.
                                                                              Sec. 303. Allotments to States and subgrants to local educational agencies.
                                                                              Sec. 304. Authorization of appropriations.

                                                                                            TITLE IV—SUPPORTING TRAUMA-INFORMED EDUCATION PRACTICES ACT
                                                                              Sec. 401. Short title.
                                                                              Sec. 402. Amendment to the SUPPORT for Patients and Communities Act.

                                                                                                   TITLE V—RESPOND, INNOVATE, SUCCEED, AND EMPOWER ACT
                                                                              Sec. 501. Short title.
                                                                              Sec. 502. Perfecting amendment to the definition of disability.
                                                                              Sec. 503. Supporting students with disabilities to succeed once enrolled in college.
                                                                              Sec. 504. Authorization of funds for the National Center for Information and Technical Support for Postsec-
                                                                                        ondary Students With Disabilities.
                                                                              Sec. 505. Inclusion of information on students with disabilities.
                                                                              Sec. 506. Rule of construction.

                                                                                                  TITLE VI—STRENGTHENING BEHAVIORAL HEALTH BENEFITS ACT
                                                                              Sec. 601. Short title.
                                                                              Sec. 602. Enforcement of Mental Health and Substance Use Disorder Requirements.

                                                                                                    TITLE VII—EMPLOYEE AND RETIREE ACCESS TO JUSTICE ACT
                                                                              Sec. 701. Short title.
                                                                              Sec. 702. Unenforceable arbitration clauses, class action waivers, representation waivers, and discretionary
                                                                                        clauses.
                                                                              Sec. 703. Prohibition on mandatory arbitration clauses, class action waivers, representation waivers, and dis-
                                                                                        cretionary clauses.
                                                                              Sec. 704. Effective date.


                                                                              TITLE I—EARLY CHILDHOOD MENTAL HEALTH
                                                                                                ACT
                                                                              SEC. 101. SHORT TITLE.
                                                                                   This title may be cited as the ‘‘Early Childhood Mental Health Support Act’’.
                                                                              SEC. 102. IDENTIFICATION OF EFFECTIVE INTERVENTIONS IN HEAD START PROGRAMS.
                                                                                (a) INTERVENTIONS THAT IMPROVE SOCIAL-EMOTIONAL AND BEHAVIORAL HEALTH
                                                                              OF CHILDREN.—
                                                                                     (1) IN GENERAL.—The Secretary of Health and Human Services acting
                                                                                     through the Assistant Secretary for the Administration for Children and Fami-
                                                                                     lies (in this section referred to as the ‘‘Secretary’’) shall identify and review
                                                                                     interventions, best practices, curricula, and staff trainings—
                                                                                             (A) that improve the behavioral health of children; and
                                                                                             (B) that are evidence based.
                                                                                        (2) FOCUS.—In carrying out paragraph (1), the Secretary shall focus on inter-
                                                                                     ventions, best practices, curricula, and staff trainings that—




dlhill on DSK120RN23PROD with HEARING
                                                                                             (A) can be delivered by a provider or other staff member in or associated
                                                                                          with a Head Start program or Early Head Start center;




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006    PO 00000   Frm 00002    Fmt 6659    Sfmt 6621    E:\HR\OC\HR484.XXX      HR484
                                                                                                                                  3
                                                                                          (B) are demonstrated to improve or support healthy social, emotional, or
                                                                                       cognitive development for children in Head Start or Early Head Start pro-
                                                                                       grams, with an empirical or theoretical relationship to later mental health
                                                                                       or substance abuse outcomes;
                                                                                          (C) involve changes to center-wide policies or practices, or other services
                                                                                       and supports offered in conjunction with Head Start programs or Early
                                                                                       Head Start centers, including services provided to adults or families (with
                                                                                       or without a child present) for the benefit of the children;
                                                                                          (D) demonstrate effectiveness across racial, ethnic, and geographic popu-
                                                                                       lations or demonstrate the capacity to be adapted to be effective across pop-
                                                                                       ulations;
                                                                                          (E) offer a tiered approach to addressing need, including—
                                                                                               (i) universal interventions for all children;
                                                                                               (ii) selected prevention for children demonstrating increased need;
                                                                                             and
                                                                                               (iii) indicated prevention for children demonstrating substantial need;
                                                                                          (F) incorporate trauma-informed care approaches; or
                                                                                          (G) have a proven record of improving early childhood and social emo-
                                                                                       tional development.
                                                                                (b) INTERVENTIONS THAT SUPPORT STAFF WELLNESS.—In carrying out subsection
                                                                              (a), the Secretary shall identify and review interventions, best practices, curricula,
                                                                              and staff trainings that support staff wellness and self-care.
                                                                                (c) CREDENTIALS.—In carrying out subsections (a) and (b), the Secretary, in con-
                                                                              sultation with relevant experts, shall determine the appropriate credentials for indi-
                                                                              viduals who deliver the interventions, best practices, curricula, and staff trainings
                                                                              identified by the Secretary.
                                                                                (d) CONSULTATION; PUBLIC INPUT.—In carrying out this section, the Secretary
                                                                              shall—
                                                                                     (1) consult with relevant agencies, experts, academics, think tanks, and non-
                                                                                   profit organizations with expertise in early childhood, mental health, and trau-
                                                                                   ma-informed care, including the National Institute of Mental Health, the Ad-
                                                                                   ministration for Children and Families, the Substance Abuse and Mental
                                                                                   Health Services Administration, the Institute of Education Sciences, and the
                                                                                   Centers for Disease Control and Prevention; and
                                                                                     (2) solicit public input on—
                                                                                          (A) the design of the reviews under subsections (a) and (b); and
                                                                                          (B) the findings and conclusions resulting from such reviews.
                                                                                (e) TIMING.—The Secretary shall—
                                                                                     (1) complete the initial reviews required by subsections (a) and (b) not later
                                                                                   than 2 years after the date of enactment of this Act; and
                                                                                     (2) update such reviews and the findings and conclusions therefrom at least
                                                                                   every 5 years.
                                                                                (f) REPORTING.—Not later than 1 year after the date of enactment of this Act, and
                                                                              every 5 years thereafter, the Secretary shall submit a report to the Congress on the
                                                                              results of implementing this section.
                                                                              SEC. 103. IMPLEMENTING THE INTERVENTIONS IN HEAD START PROGRAMS.
                                                                                (a) IN GENERAL.—The Assistant Secretary for the Administration for Children and
                                                                              Families shall award grants to participating Head Start agencies to implement the
                                                                              interventions, best practices, curricula, and staff trainings that are identified pursu-
                                                                              ant to section 102.
                                                                                (b) REQUIREMENTS.—The Assistant Secretary shall ensure that grants awarded
                                                                              under this section are awarded to grantees representing a diversity of geographic
                                                                              areas across the United States, including urban, suburban, and rural areas.
                                                                              SEC. 104. EVALUATING IMPLEMENTATION OF INTERVENTIONS IN HEAD START PROGRAMS.
                                                                                (a) IN GENERAL.—The Secretary of Health and Human Services, acting through
                                                                              the Assistant Secretary for Planning and Evaluation and in coordination with the
                                                                              Assistant Secretary for the Administration for Children and Families, shall—
                                                                                     (1) determine whether the interventions, best practices, curricula, and staff
                                                                                  trainings implemented pursuant to section 103—
                                                                                          (A) are effectively implemented pursuant to section 103 and other rel-
                                                                                       evant provisions of law such that the anticipated effect sizes of the inter-
                                                                                       ventions, best practices, curricula, and staff trainings are achieved; and
                                                                                          (B) yield long-term savings;
                                                                                     (2) develop a method for making the determination required by paragraph (1);
                                                                                     (3) ensure that such method includes competency and testing approaches, per-
                                                                                  formance or outcome measures, or any other methods deemed appropriate by




dlhill on DSK120RN23PROD with HEARING
                                                                                  the Assistant Secretary, taking into consideration existing monitoring compo-
                                                                                  nents of the Head Start and Early Head Start programs; and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00003   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                   4
                                                                                      (4) solicit public input on the design, findings, and conclusions of this process
                                                                                   and shall consider whether updates are necessary at least every 5 years.
                                                                                (b) PROCESS.—In carrying out subsection (a), the Secretary of Health and Human
                                                                              Services shall—
                                                                                      (1) conduct any research and evaluation studies needed; and
                                                                                      (2) solicit public input on—
                                                                                           (A) the design of the method developed pursuant to subsection (a)(2); and
                                                                                           (B) the resulting findings and conclusions.
                                                                                (c) TIMING.—The Secretary of Health and Human Services shall—
                                                                                      (1) develop the method required by subsection (a)(2) and make the initial de-
                                                                                   termination required by subsection (a)(1) not later than 2 years after the date
                                                                                   of enactment of this Act; and
                                                                                      (2) update such method and determination at least every 5 years.
                                                                              SEC. 105. IMPLEMENTING THE EVALUATION FRAMEWORK FOR HEAD START PROGRAMS.
                                                                                 (a) EVALUATION METHOD.—The Assistant Secretary for the Administration for
                                                                              Children and Families shall implement the evaluation method developed pursuant
                                                                              to section 104(a) in the Head Start program as a voluntary mechanism for inter-
                                                                              ested Head Start programs or Early Head Start centers to evaluate the extent to
                                                                              which such programs or centers have effectively implemented the interventions, best
                                                                              practices, curricula, and staff trainings identified pursuant to section 102, with
                                                                              minimal burden or disruption to programs and centers interested in participating.
                                                                                 (b) TECHNICAL ASSISTANCE.—The Assistant Secretary for the Administration for
                                                                              Children and Families shall provide guidance, tools, resources, and technical assist-
                                                                              ance to grantees for implementing and evaluating interventions, best practices, cur-
                                                                              ricula, and staff trainings identified pursuant to section 102 and optimizing the per-
                                                                              formance of such grantees on the annual evaluations.
                                                                              SEC. 106. BEST PRACTICE CENTERS.
                                                                                 The Assistant Secretary for the Administration for Children and Families may
                                                                              fund up to 5 Best Practice Centers in Early Childhood Training in universities and
                                                                              colleges to prepare future Head Start agencies and staff able to deliver the interven-
                                                                              tions, best practices, curricula, and staff trainings identified pursuant to section 102.
                                                                              SEC. 107. FUNDING.
                                                                                 (a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated
                                                                              $100,000,000 for the period of fiscal years 2023 through 2032 for carrying out sec-
                                                                              tions 103(b), 104, and 106.
                                                                                 (b) AVAILABILITY OF APPROPRIATIONS.—Amounts authorized to be appropriated by
                                                                              subsection (a) are authorized to remain available until expended.

                                                                              TITLE II—BUILDING PIPELINE OF SCHOOL-
                                                                                BASED MENTAL HEALTH SERVICE PRO-
                                                                                VIDERS ACT
                                                                              SEC. 201. SHORT TITLE.
                                                                                This title may be cited as the ‘‘Building Pipeline of School-Based Mental Health
                                                                              Service Providers Act’’.
                                                                              SEC. 202. DEFINITIONS.
                                                                                   In this title:
                                                                                        (1) BEST PRACTICES.—The term ‘‘best practices’’ means a technique or method-
                                                                                     ology that, through experience and research related to professional practice in
                                                                                     a school-based mental health field, has proven to reliably lead to a desired re-
                                                                                     sult.
                                                                                        (2) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’ means an institu-
                                                                                     tion of higher education that offers a program of study that leads to a master’s
                                                                                     or other graduate degree—
                                                                                             (A) in school psychology that prepares students in such program for the
                                                                                          State licensing or certification examination in school psychology;
                                                                                             (B) in school counseling that prepares students in such program for the
                                                                                          State licensing or certification examination in school counseling;
                                                                                             (C) in school social work that prepares students in such program for the
                                                                                          State licensing or certification examination in school social work;
                                                                                             (D) in another school-based mental health field that prepares students in




dlhill on DSK120RN23PROD with HEARING
                                                                                          such program for the State licensing or certification examination in such
                                                                                          field, if applicable; or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00004   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                  5
                                                                                           (E) in any combination of study described in subparagraphs (A) through
                                                                                        (D).
                                                                                      (3) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible partnership’’ means—
                                                                                           (A) a partnership between 1 or more high-need local educational agencies
                                                                                        and 1 or more eligible institutions; or
                                                                                           (B) in any region in which local educational agencies may not have a suf-
                                                                                        ficient elementary school and secondary school student population to sup-
                                                                                        port the placement of all participating graduate students, a partnership be-
                                                                                        tween a State educational agency, on behalf of 1 or more high-need local
                                                                                        educational agencies, and 1 or more eligible institutions.
                                                                                      (4) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘high-need local edu-
                                                                                   cational agency’’ means a local educational agency that—
                                                                                           (A) is described in section 200(10) of the Higher Education Act of 1965
                                                                                        (20 U.S.C. 1021(10)); and
                                                                                           (B) as of the date of application for a grant under this title, has ratios
                                                                                        of school counselors, school social workers, and school psychologists to stu-
                                                                                        dents served by the agency that are not more than 1 school counselor per
                                                                                        250 students, not more than 1 school psychologist per 500 students, and not
                                                                                        more than 1 school social worker per 250 students.
                                                                                      (5) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The term ‘‘historically
                                                                                   Black college or university’’ has the meaning given the term ‘‘part B institution’’
                                                                                   in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
                                                                                      (6) HOMELESS CHILDREN AND YOUTHS.—The term ‘‘homeless children and
                                                                                   youths’’ has the meaning given such term in section 725 of the McKinney-Vento
                                                                                   Homeless Assistance Act (42 U.S.C. 11434a).
                                                                                      (7) INDIAN TRIBE; TRIBAL ORGANIZATION.—In this section the terms ‘‘Indian
                                                                                   tribe’’ and ‘‘tribal organization’’ have the meanings given those terms in section
                                                                                   4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.
                                                                                   5304)).
                                                                                      (8) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher edu-
                                                                                   cation’’ has the meaning given such term in section 101(a) of the Higher Edu-
                                                                                   cation Act of 1965 (20 U.S.C. 1001(a)).
                                                                                      (9) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local educational agency’’ has
                                                                                   the meaning given such term in section 8101 of the Elementary and Secondary
                                                                                   Education Act of 1965 (20 U.S.C. 7801).
                                                                                      (10) MINORITY-SERVING INSTITUTION.—The term ‘‘minority-serving institution’’
                                                                                   means, as defined in section 371(a) of the Higher Education Act of 1965 (20
                                                                                   U.S.C. 1067q(a)), a Hispanic-serving institution, an Alaska Native-serving insti-
                                                                                   tution or a Native Hawaiian-serving institution, a Predominantly Black Institu-
                                                                                   tion, an Asian American and Native American Pacific Islander-serving institu-
                                                                                   tion, or a Native American-serving nontribal institution.
                                                                                      (11) OUTLYING AREA.—The term ‘‘outlying area’’ has the meaning given the
                                                                                   term in section 8101(36)(A) of the Elementary and Secondary Education Act of
                                                                                   1965 (20 U.S.C. 7801(36)(A)).
                                                                                      (12) PARTICIPATING ELIGIBLE INSTITUTION.—The term ‘‘participating eligible
                                                                                   institution’’ means an eligible institution that is part of an eligible partnership
                                                                                   awarded a grant under section 203.
                                                                                      (13) PARTICIPATING GRADUATE.—The term ‘‘participating graduate’’ means an
                                                                                   individual who—
                                                                                           (A) has received a master’s or other graduate degree in a school-based
                                                                                        mental health field from a participating eligible institution and has ob-
                                                                                        tained a State license or credential in the school-based mental health field;
                                                                                        and
                                                                                           (B) as a graduate student pursuing a career in a school-based mental
                                                                                        health field, was placed in a school served by a participating high-need local
                                                                                        educational agency to complete required field work, credit hours, intern-
                                                                                        ships, or related training as applicable.
                                                                                      (14) PARTICIPATING HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘‘par-
                                                                                   ticipating high-need local educational agency’’ means a high-need local edu-
                                                                                   cational agency that is part of an eligible partnership awarded a grant under
                                                                                   section 203.
                                                                                      (15) SCHOOL-BASED MENTAL HEALTH FIELD.—The term ‘‘school-based mental
                                                                                   health field’’ means each of the following fields:
                                                                                           (A) School counseling.
                                                                                           (B) School social work.
                                                                                           (C) School psychology.




dlhill on DSK120RN23PROD with HEARING
                                                                                           (D) Any other field of study that leads to employment as a school-based
                                                                                        mental health services provider.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00005   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                  6
                                                                                      (16) SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDER.—The term ‘‘school-
                                                                                   based mental health services provider’’ has the meaning given the term in sec-
                                                                                   tion 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
                                                                                   7112).
                                                                                      (17) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.
                                                                                      (18) STATE EDUCATIONAL AGENCY.—The term ‘‘State educational agency’’ has
                                                                                   the meaning given the term in section 8101 of the Elementary and Secondary
                                                                                   Education Act of 1965 (20 U.S.C. 7801).
                                                                                      (19) STUDENT SUPPORT PERSONNEL TARGET RATIOS.—The term ‘‘student sup-
                                                                                   port personnel target ratios’’ means the ratios of school-based mental health
                                                                                   services providers to students recommended to enable such personnel to effec-
                                                                                   tively address the needs of students, including—
                                                                                           (A) at least 1 school counselor for every 250 students (as recommended
                                                                                        by the American School Counselor Association and American Counseling
                                                                                        Association);
                                                                                           (B) at least 1 school psychologist for every 500 students (as recommended
                                                                                        by the National Association of School Psychologists); and
                                                                                           (C) at least 1 school social worker for every 250 students (as rec-
                                                                                        ommended by the School Social Work Association of America).
                                                                                      (20) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.—The term ‘‘tribally con-
                                                                                   trolled college or university’’ has the meaning given such term in section 2 of
                                                                                   the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25
                                                                                   U.S.C. 1801).
                                                                                      (21) UNACCOMPANIED YOUTH.—The term ‘‘unaccompanied youth’’ has the
                                                                                   meaning given such term in section 725 of the McKinney-Vento Homeless As-
                                                                                   sistance Act (42 U.S.C. 11434a).
                                                                              SEC. 203. GRANT PROGRAM TO INCREASE THE NUMBER OF SCHOOL-BASED MENTAL HEALTH
                                                                                         SERVICES PROVIDERS SERVING IN HIGH-NEED LOCAL EDUCATIONAL AGENCIES.
                                                                                (a) AUTHORIZATION OF GRANTS.—
                                                                                      (1) GRANT PROGRAM AUTHORIZED.—From amounts made available to carry out
                                                                                   this section, the Secretary shall award grants, on a competitive basis, to eligible
                                                                                   partnerships, to enable the eligible partnerships to carry out pipeline programs
                                                                                   to increase the number of school-based mental health services providers em-
                                                                                   ployed by high-need local educational agencies by carrying out any of the activi-
                                                                                   ties described in subsection (e).
                                                                                      (2) RESERVATIONS.—From the total amount appropriated under subsection (j)
                                                                                   for a fiscal year, the Secretary shall reserve—
                                                                                           (A) one-half of 1 percent for the Secretary of the Interior to carry out pro-
                                                                                        grams under this title in schools operated or funded by the Bureau of In-
                                                                                        dian Education, Indian tribes and tribal organizations, or a consortium of
                                                                                        Indian tribes and tribal organizations;
                                                                                           (B) one-half of 1 percent for allotments to outlying areas based on the rel-
                                                                                        ative need of each such area with respect to mental health services in
                                                                                        schools, as determined by the Secretary in accordance with the purpose of
                                                                                        this title;
                                                                                           (C) not more than 3 percent to conduct the evaluations under subsection
                                                                                        (h); and
                                                                                           (D) not more than 2 percent for the administration of the program under
                                                                                        this title and to provide technical assistance relating to such program.
                                                                                (b) GRANT PERIOD.—A grant awarded under this section shall be for a 5-year pe-
                                                                              riod and may be renewed for additional 5-year periods upon a showing of adequate
                                                                              progress, as determined by the Secretary.
                                                                                (c) APPLICATION.—To be eligible to receive a grant under this section, an eligible
                                                                              partnership shall submit to the Secretary a grant application at such time, in such
                                                                              manner, and containing such information as the Secretary may require. At a min-
                                                                              imum, such application shall include—
                                                                                      (1) an assessment of the existing (as of the date of application) ratios of
                                                                                   school-based mental health services providers (in the aggregate and
                                                                                   disaggregated by profession) to students enrolled in schools in each high-need
                                                                                   local educational agency that is part of the eligible partnership; and
                                                                                      (2) a detailed description of—
                                                                                           (A) a plan to carry out a pipeline program to train, place, and retain
                                                                                        school-based mental health services providers in high-need local educational
                                                                                        agencies; and
                                                                                           (B) the proposed allocation and use of grant funds to carry out activities
                                                                                        described in subsection (e).
                                                                                (d) AWARD BASIS.—In awarding grants under this section, the Secretary shall—




dlhill on DSK120RN23PROD with HEARING
                                                                                      (1) ensure that to the extent practicable, grants are distributed among eligible
                                                                                   entities that will serve geographically diverse areas; and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00006   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                  7
                                                                                     (2) give priority to eligible partnerships that—
                                                                                           (A) propose to use the grant funds to carry out the activities described
                                                                                        under paragraphs (1) through (3) of subsection (e) in schools that have
                                                                                        higher numbers or percentages of low-income students (determined using
                                                                                        any of the measures of poverty described in section 1113(a)(5) of the Ele-
                                                                                        mentary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5))), in
                                                                                        comparison to other schools that are served by the high-need local edu-
                                                                                        cational agency that is part of the eligible partnership;
                                                                                           (B) include 1 or more high-need local educational agencies that have
                                                                                        fewer school-based mental health services providers, in the aggregate or for
                                                                                        a particular school-based mental health field, per student than other eligi-
                                                                                        ble partnerships that have submitted a grant application under subsection
                                                                                        (c);
                                                                                           (C) include 1 or more eligible institutions of higher education which are
                                                                                        a historically Black college or university, a minority-serving institution, or
                                                                                        a tribally controlled college or university;
                                                                                           (D) propose to collaborate with other institutions of higher education with
                                                                                        similar programs, including sharing facilities, faculty members, and admin-
                                                                                        istrative costs; and
                                                                                           (E) propose to use grant funds to increase the diversity of school-based
                                                                                        mental health services providers.
                                                                                (e) USE OF GRANT FUNDS.—Grant funds awarded under this section may be
                                                                              used—
                                                                                     (1) to pay the administrative costs (including supplies, office and classroom
                                                                                   space, supervision, mentoring, and transportation stipends as necessary and ap-
                                                                                   propriate) related to—
                                                                                           (A) having graduate students of programs in school-based mental health
                                                                                        fields placed in schools served by participating high-need local educational
                                                                                        agencies to complete required field work, credit hours, internships, or re-
                                                                                        lated training as applicable for the degree, license, or credential program
                                                                                        of each such student; and
                                                                                           (B) offering required graduate coursework for students of a graduate pro-
                                                                                        gram in a school-based mental health services field on the site of a partici-
                                                                                        pating high-need local educational agency;
                                                                                     (2) for not more than the first 3 years after a participating graduate receives
                                                                                   a master’s or other graduate degree from a program in a school-based mental
                                                                                   health field, or obtains a State license or credential in a school-based mental
                                                                                   health field, to hire and pay all or part of the salary of the participating grad-
                                                                                   uates working as a school-based mental health services provider in a school
                                                                                   served by a participating high-need local educational agency;
                                                                                     (3) to increase the number of school-based mental health services providers
                                                                                   per student in schools served by participating high-need local educational agen-
                                                                                   cies, in order to meet the student support personnel target ratios;
                                                                                     (4) to recruit, hire, and retain culturally or linguistically under-represented
                                                                                   graduate students of programs in school-based mental health fields for place-
                                                                                   ment in schools served by participating high-need local educational agencies;
                                                                                     (5) to develop coursework that will—
                                                                                           (A) encourage a commitment by graduate students in school-based mental
                                                                                        health fields to work for high-need local educational agencies;
                                                                                           (B) give participating graduates the knowledge and skill sets necessary
                                                                                        to meet the needs of—
                                                                                                (i) students and families served by high-need local educational agen-
                                                                                             cies;
                                                                                                (ii) students at risk of not meeting State academic standards;
                                                                                                (iii) students who—
                                                                                                      (I) are English learners (as defined in section 8101 of the Ele-
                                                                                                   mentary and Secondary Education Act of 1965 (20 U.S.C. 7801));
                                                                                                      (II) are migratory children (as defined in section 1309 of such Act
                                                                                                   (20 U.S.C. 6399));
                                                                                                      (III) have a parent or caregiver who is a member of the armed
                                                                                                   forces, including the National Guard, who has been deployed or re-
                                                                                                   turned from deployment;
                                                                                                      (IV) are LGBTQ+, including students who are lesbian, gay, bisex-
                                                                                                   ual, transgender, queer or questioning, nonbinary, or Two-Spirit;
                                                                                                      (V) are homeless children and youth, including unaccompanied
                                                                                                   youth;
                                                                                                      (VI) have come into contact with the juvenile justice system or




dlhill on DSK120RN23PROD with HEARING
                                                                                                   adult criminal justice system, including students currently or pre-
                                                                                                   viously held in juvenile detention facilities or adult jails and stu-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00007   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                  8
                                                                                                  dents currently or previously held in juvenile correctional facilities
                                                                                                  or adult prisons;
                                                                                                     (VII) are a child with a disability (as defined in section 8101 of
                                                                                                  the Elementary and Secondary Education Act of 1965 (20 U.S.C.
                                                                                                  7801));
                                                                                                     (VIII) have been a victim to, or witnessed, domestic violence or
                                                                                                  violence in their community;
                                                                                                     (IX) have been exposed to substance misuse at home or in the
                                                                                                  community;
                                                                                                     (X) are in foster care, are aging out of foster care, or were for-
                                                                                                  merly in foster care; or
                                                                                                     (XI) have been a victim to or witnessed trafficking in persons;
                                                                                                  and
                                                                                               (iv) teachers, administrators, and other staff who work for high-need
                                                                                             local educational agencies; and
                                                                                          (C) utilize best practices determined by the American School Counselor
                                                                                        Association, National Association of Social Workers, School Social Work As-
                                                                                        sociation of America, and National Association of School Psychologists and
                                                                                        other relevant organizations;
                                                                                     (6) to provide tuition credits to graduate students participating in the pipeline
                                                                                   program supported under the grant;
                                                                                     (7) to fund high-quality ‘‘Grow Your Own’’ teacher preparation programs that
                                                                                   provide pathways to State licensure or certification as a school psychologist,
                                                                                   school counselor, school social worker, or other school-based mental services pro-
                                                                                   vider to recruit and prepare local community members, career changers, para-
                                                                                   professionals, after-school program staff, and others currently working in
                                                                                   schools to become school-based mental health services providers;
                                                                                     (8) to cover the costs of licensure and preparation for required licensure
                                                                                   exams; and
                                                                                     (9) for similar activities to fulfill the purpose of this title, as the Secretary
                                                                                   determines appropriate.
                                                                                (f) SUPPLEMENT NOT SUPPLANT.—Funds made available under this section shall
                                                                              be used to supplement, not supplant, other Federal, State, or local funds available
                                                                              for the activities described in subsection (e).
                                                                                (g) REPORTING REQUIREMENTS.—
                                                                                     (1) IN GENERAL.—Each eligible partnership that receives a grant under this
                                                                                   section shall prepare and submit to the Secretary an annual report on the
                                                                                   progress of the eligible partnership in carrying out the grant. Such report shall
                                                                                   contain such information as the Secretary may require, including, at a min-
                                                                                   imum, a description of—
                                                                                          (A) actual service delivery provided through the grant funds, including—
                                                                                               (i) descriptive information on the participating eligible institution,
                                                                                            the educational model used, and the actual academic program perform-
                                                                                            ance;
                                                                                               (ii) characteristics of graduate students participating in the pipeline
                                                                                            program supported under the grant, including—
                                                                                                     (I) performance on any examinations required by the State for
                                                                                                  credentialing or licensing;
                                                                                                     (II) demographic characteristics; and
                                                                                                     (III) graduate student retention rates;
                                                                                               (iii) characteristics of students of the participating high-need local
                                                                                            educational agency, including performance on any tests required by the
                                                                                            State educational agency, demographic characteristics, and graduation
                                                                                            rates, as appropriate;
                                                                                               (iv) an estimate of the annual implementation costs of the pipeline
                                                                                            program supported under the grant; and
                                                                                               (v) the number of public elementary and secondary school students,
                                                                                            public elementary and secondary schools, graduate students, and insti-
                                                                                            tutions of higher education participating in the pipeline program sup-
                                                                                            ported under the grant;
                                                                                          (B) outcomes that are consistent with the purpose of the grant program
                                                                                        under this title, including—
                                                                                               (i) internship and post-graduation placement of the participating
                                                                                            graduate students;
                                                                                               (ii) graduation and professional career readiness indicators; and
                                                                                               (iii) characteristics of the participating high-need local educational
                                                                                            agency, including with respect to fully certified and effective teachers




dlhill on DSK120RN23PROD with HEARING
                                                                                            and school-based mental health services providers employed by such
                                                                                            agency—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00008   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                   9
                                                                                                      (I) changes in the rate of hiring and retention of such teachers
                                                                                                   and providers (in the aggregate and disaggregated by each such
                                                                                                   profession); and
                                                                                                      (II) the demographics, including the race, ethnicity, and gender,
                                                                                                   of such teachers and providers.
                                                                                           (C) the instruction, materials, and activities being funded under the
                                                                                        grant; and
                                                                                           (D) the effectiveness of any training and ongoing professional develop-
                                                                                        ment provided—
                                                                                                (i) to students and faculty in the appropriate departments or schools
                                                                                             of the participating eligible institution; and
                                                                                                (ii) to the teachers, paraprofessionals, school leaders, school-based
                                                                                             mental health services providers, and other specialized instructional
                                                                                             support personnel of the participating high-need local educational agen-
                                                                                             cy.
                                                                                      (2) PUBLICATION.—The Secretary shall publish the annual reports submitted
                                                                                   under paragraph (1) on the website of the Department of Education.
                                                                                (h) EVALUATION.—
                                                                                      (1) INTERIM EVALUATIONS.—The Secretary may conduct interim evaluations to
                                                                                   determine whether each eligible partnership receiving a grant under this sec-
                                                                                   tion is making adequate progress as the Secretary considers appropriate. The
                                                                                   contents of the annual report submitted to the Secretary under subsection (g)
                                                                                   may be used by the Secretary to determine whether an eligible partnership re-
                                                                                   ceiving a grant is demonstrating adequate progress.
                                                                                      (2) FINAL EVALUATION.—The Secretary shall conduct a final evaluation to—
                                                                                           (A) determine the effectiveness of the grant program in carrying out the
                                                                                        purpose of this title; and
                                                                                           (B) compare the relative effectiveness of each of the various activities de-
                                                                                        scribed in subsection (e) for which grant funds may be used.
                                                                                (i) REPORT.—Not earlier than 5 years, nor later than 6 years, after the date of
                                                                              enactment of this Act, the Secretary shall submit to the Congress a report con-
                                                                              taining—
                                                                                      (1) the findings of the final evaluation conducted under subsection (h)(2); and
                                                                                      (2) such recommendations as the Secretary considers appropriate.
                                                                                (j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
                                                                              to carry out this section $200,000,000 for fiscal year 2023 and each succeeding fiscal
                                                                              year.

                                                                                    TITLE III—ELEMENTARY AND SECONDARY
                                                                                            SCHOOL COUNSELING ACT
                                                                              SEC. 301. SHORT TITLE.
                                                                                   This title may be cited as the ‘‘Elementary and Secondary School Counseling Act’’.
                                                                              SEC. 302. DEFINITIONS.
                                                                                   In this title:
                                                                                        (1) ESEA DEFINITIONS.—The terms ‘‘elementary school’’, ‘‘local educational
                                                                                     agency’’, and ‘‘secondary school’’ have the meanings given the terms in section
                                                                                     8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
                                                                                        (2) HIGH-NEED SCHOOL.—The term ‘‘high-need school’’ has the meaning given
                                                                                     the term in section 2211(b) of the Elementary and Secondary Education Act of
                                                                                     1965 (20 U.S.C. 6631(b)).
                                                                                        (3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘‘Indian tribe’’ and ‘‘tribal
                                                                                     organization’’ have the meanings given those terms in section 4 of the Indian
                                                                                     Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
                                                                                        (4) OUTLYING AREA.—The term ‘‘outlying area’’ means an outlying area speci-
                                                                                     fied in section 8101(36)(A) of the Elementary and Secondary Education Act of
                                                                                     1965 (20 U.S.C. 7801(36)(A)).
                                                                                        (5) SCHOOL-BASED MENTAL HEALTH SERVICES PROVIDER.—The term ‘‘school-
                                                                                     based mental health services provider’’ has the meaning given the term in sec-
                                                                                     tion 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
                                                                                     7112).
                                                                                        (6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education.




dlhill on DSK120RN23PROD with HEARING
                                                                                        (7) STATE.—The term ‘‘State’’ means each of the 50 States, the District of Co-
                                                                                     lumbia, and Puerto Rico.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00009   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              10
                                                                              SEC. 303. ALLOTMENTS TO STATES AND SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
                                                                                (a) PROGRAM AUTHORIZED.—The Secretary shall carry out a program under which
                                                                              the Secretary makes allotments to States, in accordance with subsection (c), to en-
                                                                              able the States to award subgrants to local educational agencies in order to increase
                                                                              access to school-based mental health services providers at high-need schools served
                                                                              by the local educational agencies.
                                                                                (b) RESERVATIONS.—From the total amount made available under section 304 for
                                                                              a fiscal year, the Secretary shall reserve—
                                                                                      (1) one-half of 1 percent for the Secretary of the Interior for programs under
                                                                                   this title in schools operated or funded by the Bureau of Indian Education, In-
                                                                                   dian tribes and tribal organizations, or consortia of Indian tribes and tribal or-
                                                                                   ganizations;
                                                                                      (2) one-half of 1 percent for allotments for the outlying areas to be distributed
                                                                                   among those outlying areas on the basis of their relative need, as determined
                                                                                   by the Secretary, in accordance with the purpose of this title; and
                                                                                      (3) not more than 2 percent for the administration of the program under this
                                                                                   title and to provide technical assistance relating to such program.
                                                                                (c) ALLOTMENTS TO STATES.—
                                                                                      (1) IN GENERAL.—
                                                                                           (A) FORMULA.—From the total amount made available under section 304
                                                                                        for a fiscal year and not reserved under subsection (b), the Secretary shall
                                                                                        allot to each State that submits a true and complete application under
                                                                                        paragraph (3) (as determined by the Secretary) an amount that bears the
                                                                                        same relationship to such total amount as the amount received under part
                                                                                        A of title I of the Elementary and Secondary Education Act of 1965 (20
                                                                                        U.S.C. 6311 et seq.) by such State for such fiscal year bears to the amount
                                                                                        received under such part for such fiscal year by all States that submit such
                                                                                        applications.
                                                                                           (B) SMALL STATE MINIMUM.—No State receiving an allotment under this
                                                                                        paragraph shall receive less than one-half of 1 percent of the total amount
                                                                                        allotted under this paragraph.
                                                                                      (2) MATCHING REQUIREMENTS.—In order to receive an allotment under para-
                                                                                   graph (1), a State shall agree to provide matching funds, in an amount equal
                                                                                   to 20 percent of the amount of the allotment, toward the costs of the activities
                                                                                   carried out with the allotment.
                                                                                      (3) APPLICATION.—A State desiring an allotment under paragraph (1) shall
                                                                                   submit to the Secretary an application at such time, in such manner, and con-
                                                                                   taining such information as the Secretary may require. Each application shall
                                                                                   include, at a minimum—
                                                                                           (A) an assurance that the State will use the allotment only for the pur-
                                                                                        poses specified in subsection (d)(1);
                                                                                           (B) a description of how the State will award subgrants to local edu-
                                                                                        cational agencies under such subsection;
                                                                                           (C) a description of how the State will disseminate, in a timely manner,
                                                                                        information regarding the subgrants and the application process for such
                                                                                        subgrants to local educational agencies; and
                                                                                           (D) the ratios, as of the date of application, of students to school-based
                                                                                        mental health services providers in each public elementary school and sec-
                                                                                        ondary school in the State, in the aggregate and disaggregated to include—
                                                                                               (i) the ratios of students to school counselors, school psychologists,
                                                                                             and school social workers; and
                                                                                               (ii) as applicable, the ratios of students to other school-based mental
                                                                                             health services providers not described in clause (i), in the aggregate
                                                                                             and disaggregated by type of provider.
                                                                                      (4) DURATION.—An allotment to a State under paragraph (1) shall be for a
                                                                                   5-year period and may be renewed for additional 5-year periods upon a showing
                                                                                   of adequate progress on meeting the goals of the program under this title, as
                                                                                   determined by the Secretary.
                                                                                (d) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
                                                                                      (1) IN GENERAL.—A State receiving an allotment under subsection (c) shall
                                                                                   use the allotment to award subgrants, on a competitive basis, to local edu-
                                                                                   cational agencies in the State, to enable the local educational agencies to—
                                                                                           (A) recruit and retain school-based mental health services providers to
                                                                                        work at high-need schools served by the local educational agency; and
                                                                                           (B) work toward effectively staffing the high-need schools of the local edu-
                                                                                        cational agency with school-based mental health services providers, includ-
                                                                                        ing by meeting the recommended maximum ratios of—




dlhill on DSK120RN23PROD with HEARING
                                                                                               (i) 250 students per school counselor;
                                                                                               (ii) 500 students per school psychologist; and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00010   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               11
                                                                                                  (iii) 250 students per school social worker.
                                                                                        (2) PRIORITY.—In awarding subgrants under this subsection, the State shall
                                                                                      give priority to local educational agencies that serve a significant number of
                                                                                      high-need schools.
                                                                                        (3) APPLICATION.—A local educational agency desiring a subgrant under this
                                                                                      subsection shall submit an application to the State at such time, in such man-
                                                                                      ner, and containing such information as the State may require, including infor-
                                                                                      mation on how the local educational agency will prioritize assisting high-need
                                                                                      schools with the largest numbers or percentages of students from low-income
                                                                                      families (as counted under section 1124(c) of the Elementary and Secondary
                                                                                      Education Act of 1965 (20 U.S.C. 6333(c))).
                                                                                   (e) ALLOTMENT AND SUBGRANT REQUIREMENTS.—
                                                                                        (1) SUPPLEMENT, NOT SUPPLANT.—Amounts received from an allotment under
                                                                                      subsection (c) or a subgrant under subsection (d) shall supplement, and not sup-
                                                                                      plant, any other funds available to a State or local educational agency for
                                                                                      school-based mental health services.
                                                                                        (2) COMBINING FUNDS ALLOWED.—A local educational agency receiving a
                                                                                      subgrant under subsection (d) may combine such subgrant with State or local
                                                                                      funds to carry out the activities described in subsection (d)(1).
                                                                                   (f) REPORTS.—
                                                                                        (1) LOCAL EDUCATIONAL AGENCIES.—A local educational agency that receives
                                                                                      a subgrant under subsection (d) shall submit an annual report to the State on
                                                                                      the activities carried out with the subgrant funds. Each such report shall—
                                                                                             (A) describe the activities carried out using subgrant funds;
                                                                                             (B) enumerate the number of school-based mental health services pro-
                                                                                          viders (in the aggregate and disaggregated by profession) who—
                                                                                                  (i) were employed by or otherwise served in high-need public elemen-
                                                                                               tary and secondary schools under the jurisdiction of the local edu-
                                                                                               cational agency over the year covered by the report; and
                                                                                                  (ii) were supported with funds from the subgrant or matching funds
                                                                                               during such year; and
                                                                                             (C) include the most recent student to provider ratios, in the aggregate
                                                                                          and disaggregated as provided in subsection (c)(3)(D), for high-need schools
                                                                                          under the jurisdiction of the local educational agency that were supported
                                                                                          with the subgrant or matching funds.
                                                                                        (2) STATE.—A State receiving an allotment under subsection (c) shall annually
                                                                                      prepare and submit a report to the Secretary that—
                                                                                             (A) evaluates the progress made in achieving the purposes of the program
                                                                                          under this title;
                                                                                             (B) includes the most recent student to provider ratios, in the aggregate
                                                                                          and disaggregated as provided in subsection (c)(3)(D), for high-need schools
                                                                                          in the State that were assisted with subgrants under subsection (d); and
                                                                                             (C) describes any other resources needed to meet the required rec-
                                                                                          ommended maximum student to school-based mental health services pro-
                                                                                          vider ratios.
                                                                                        (3) PUBLIC AVAILABILITY.—The Secretary shall make all reports submitted
                                                                                      under this subsection available to the public, including through the website of
                                                                                      the Department.
                                                                              SEC. 304. AUTHORIZATION OF APPROPRIATIONS.
                                                                                   There are authorized to be appropriated to carry out this title—
                                                                                       (1) $5,000,000,000 for fiscal year 2023; and
                                                                                       (2) such sums as may be necessary for each succeeding fiscal year.

                                                                                   TITLE IV—SUPPORTING TRAUMA-INFORMED
                                                                                          EDUCATION PRACTICES ACT
                                                                              SECTION 401. SHORT TITLE.
                                                                                This title may be cited as the ‘‘Supporting Trauma-Informed Education Practices
                                                                              Act’’.
                                                                              SEC. 402. AMENDMENT TO THE SUPPORT FOR PATIENTS AND COMMUNITIES ACT.
                                                                                Section 7134 of the SUPPORT for Patients and Communities Act (42 U.S.C. 280h-
                                                                              7) is amended to read as follows:
                                                                              ‘‘SEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND MENTAL HEALTH CARE




dlhill on DSK120RN23PROD with HEARING
                                                                                          FOR CHILDREN AND YOUTH IN EDUCATIONAL SETTINGS.
                                                                                   ‘‘(a) AUTHORIZATION OF GRANTS.—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00011   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              12
                                                                                        ‘‘(1) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.—The
                                                                                     Secretary, in coordination with the Secretary of Health and Human Services,
                                                                                     is authorized to award grants to, or enter into contracts or cooperative agree-
                                                                                     ments with, an eligible entity for the purpose of increasing student, teacher,
                                                                                     school leader, and other school personnel access to evidence-based trauma sup-
                                                                                     port services and mental health services by developing innovative initiatives,
                                                                                     activities, or programs to connect schools and local educational agencies, or trib-
                                                                                     al educational agencies, as applicable, with community trauma-informed sup-
                                                                                     port and mental health systems, including such systems under the Indian
                                                                                     Health Service.
                                                                                        ‘‘(2) RESERVATIONS.—From the total amount appropriated under subsection (l)
                                                                                     for a fiscal year, the Secretary shall reserve—
                                                                                              ‘‘(A) not more than 3 percent to conduct the evaluation under subsection
                                                                                           (f); and
                                                                                              ‘‘(B) not more than 2 percent for technical assistance and administration.
                                                                                 ‘‘(b) DURATION.—With respect to a grant, contract, or cooperative agreement
                                                                              awarded or entered into under this section, the period during which payments under
                                                                              such grant, contract or agreement are made to the recipient may not exceed 5 years.
                                                                                 ‘‘(c) USE OF FUNDS.—An eligible entity that receives or enters into a grant, con-
                                                                              tract, or cooperative agreement under this section shall use amounts made available
                                                                              through such grant, contract, or cooperative agreement for evidence-based initia-
                                                                              tives, activities, or programs, which shall include at least 1 of the following:
                                                                                        ‘‘(1) Enhancing, improving, or developing collaborative efforts between
                                                                                     schools, local educational agencies or tribal educational agencies, as applicable,
                                                                                     and community mental health and trauma-informed service delivery systems to
                                                                                     provide, develop, or improve prevention, referral, treatment, and support serv-
                                                                                     ices to students.
                                                                                        ‘‘(2) Implementing trauma-informed models of support, including trauma-in-
                                                                                     formed, positive behavioral interventions and supports in schools served by the
                                                                                     eligible entity.
                                                                                        ‘‘(3) Providing professional development to teachers, paraprofessionals, school
                                                                                     leaders, school-based mental health services providers, and other specialized in-
                                                                                     structional support personnel employed by local educational agencies or tribal
                                                                                     educational agencies, as applicable or schools served by the eligible entity
                                                                                     that—
                                                                                              ‘‘(A) fosters safe and stable learning environments that prevent and miti-
                                                                                           gate the effects of trauma, including through social and emotional learning;
                                                                                              ‘‘(B) improves school capacity to identify, refer, and provide services to
                                                                                           students in need of trauma-informed support or mental health services, in-
                                                                                           cluding by helping educators to identify the unique personal and contextual
                                                                                           variables that influence the manifestation of trauma; and
                                                                                              ‘‘(C) reflects the best practices for trauma-informed identification, refer-
                                                                                           ral, and support developed by the Interagency Task Force on Trauma-In-
                                                                                           formed Care (as established by section 7132).
                                                                                        ‘‘(4) Providing trauma-informed support services and mental health services
                                                                                     to students at full-service community schools served by the eligible entity.
                                                                                        ‘‘(5) Engaging families and communities to increase awareness of child trau-
                                                                                     ma, which may include sharing best practices with law enforcement regarding
                                                                                     trauma-informed services and working with mental health professionals to pro-
                                                                                     vide interventions and longer term coordinated care within the community for
                                                                                     children and youth who have experienced trauma and the families of such chil-
                                                                                     dren and youth.
                                                                                        ‘‘(6) Evaluating the effectiveness of the initiatives, activities, or programs car-
                                                                                     ried out under this section in increasing student access to evidence-based trau-
                                                                                     ma support services and mental health services.
                                                                                        ‘‘(7) Establishing partnerships with or providing subgrants to early childhood
                                                                                     education programs or other eligible entities, to include such entities in the evi-
                                                                                     dence-based trauma-informed or mental health initiatives, activities, and sup-
                                                                                     port services established under this section in order to provide, develop, or im-
                                                                                     prove prevention, referral, treatment, and support services to children and their
                                                                                     families.
                                                                                        ‘‘(8) Establishing new, or enhancing existing, evidence-based educational,
                                                                                     awareness, and prevention programs to improve mental health and resiliency
                                                                                     among teachers, paraprofessionals, school leaders, school-based mental health
                                                                                     services providers, and other specialized instructional support personnel em-
                                                                                     ployed by local educational agencies or tribal educational agencies, as applica-
                                                                                     ble, or schools served by the eligible entity.




dlhill on DSK120RN23PROD with HEARING
                                                                                 ‘‘(d) APPLICATIONS.—To be eligible to receive a grant, contract, or cooperative
                                                                              agreement under this section, an eligible entity shall submit an application to the




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00012   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              13
                                                                              Secretary at such time, in such manner, and containing such information as the
                                                                              Secretary may reasonably require, which shall include the following:
                                                                                        ‘‘(1) A description of the innovative initiatives, activities, or programs to be
                                                                                     funded under the grant, contract, or cooperative agreement, including how such
                                                                                     initiatives, activities, or programs will increase access to evidence-based trau-
                                                                                     ma-informed support services and mental health services for students, and, as
                                                                                     applicable, the families of such students.
                                                                                        ‘‘(2) A description of how the initiatives, activities, or programs will provide
                                                                                     linguistically appropriate and culturally competent services.
                                                                                        ‘‘(3) A description of how the initiatives, activities, or programs will support
                                                                                     schools served by the eligible entity in improving school climate in order to sup-
                                                                                     port an environment conducive to learning.
                                                                                        ‘‘(4) An assurance that—
                                                                                              ‘‘(A) persons providing services under the initiative, activity, or program
                                                                                           funded by the grant, contract, or cooperative agreement are fully licensed
                                                                                           or certified to provide such services;
                                                                                              ‘‘(B) teachers, school leaders, administrators, school-based mental health
                                                                                           services providers and other specialized instructional support personnel,
                                                                                           representatives of local Indian Tribes or tribal organizations as appropriate,
                                                                                           other school personnel, individuals who have experience receiving mental
                                                                                           health services as children, and parents of students participating in serv-
                                                                                           ices under this section will be engaged and involved in the design and im-
                                                                                           plementation of the services; and
                                                                                              ‘‘(C) the eligible entity will comply with the evaluation required under
                                                                                           subsection (f).
                                                                                        ‘‘(5) A description of how the eligible entity will support and integrate existing
                                                                                     school-based services at schools served by the eligible entity with the initiatives,
                                                                                     activities, or programs funded under this section in order to provide trauma-in-
                                                                                     formed support services or mental health services for students, as appropriate.
                                                                                        ‘‘(6) A description of how the eligible entity will incorporate peer support serv-
                                                                                     ices into the initiatives, activities, or programs to be funded under this section.
                                                                                        ‘‘(7) A description of how the eligible entity will ensure that initiatives, activi-
                                                                                     ties, or programs funded under this section are accessible to and include stu-
                                                                                     dents with disabilities.
                                                                                        ‘‘(8) An assurance that the eligible entity will establish a local interagency
                                                                                     agreement under subsection (e) and comply with such agreement.
                                                                                 ‘‘(e) INTERAGENCY AGREEMENTS.—
                                                                                        ‘‘(1) LOCAL INTERAGENCY AGREEMENTS.—In carrying out an evidence-based
                                                                                     initiative, activity, or program described in subsection (c), an eligible entity that
                                                                                     receives a grant, contract, or cooperative agreement under this section, or a des-
                                                                                     ignee of such entity, shall establish an interagency agreement between local
                                                                                     educational agencies, agencies responsible for early childhood education pro-
                                                                                     grams, Head Start agencies (including Early Head Start agencies), juvenile jus-
                                                                                     tice authorities, mental health agencies, child welfare agencies, and other rel-
                                                                                     evant agencies, authorities, or entities in the community that will be involved
                                                                                     in the provision of services under such initiative, activity, or program.
                                                                                        ‘‘(2) CONTENTS.—The local interagency agreement required under paragraph
                                                                                     (1) shall specify, with respect to each agency, authority, or entity that is a party
                                                                                     to such agreement—
                                                                                              ‘‘(A) the financial responsibility for any services provided by such entity;
                                                                                              ‘‘(B) the conditions and terms of responsibility for such any services, in-
                                                                                           cluding quality, accountability, and coordination of the services; and
                                                                                              ‘‘(C) the conditions and terms of reimbursement of such agencies, authori-
                                                                                           ties, or entities, including procedures for dispute resolution.
                                                                                 ‘‘(f) EVALUATION.—The Secretary shall conduct a rigorous and independent eval-
                                                                              uation of the initiatives, activities, and programs carried out by an eligible entity
                                                                              under this section and disseminate evidence-based practices regarding trauma-in-
                                                                              formed support services and mental health services.
                                                                                 ‘‘(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that grants, contracts,
                                                                              and cooperative agreements awarded or entered into under this section are equi-
                                                                              tably distributed among the geographical regions of the United States and among
                                                                              tribal, urban, suburban, and rural populations.
                                                                                 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall be construed—
                                                                                        ‘‘(1) to prohibit an entity involved with an initiative, activity, or program car-
                                                                                     ried out under this section from reporting a crime that is committed by a stu-
                                                                                     dent to appropriate authorities; or
                                                                                        ‘‘(2) to prevent Federal, State, local, and tribal law enforcement and judicial




dlhill on DSK120RN23PROD with HEARING
                                                                                     authorities from exercising their responsibilities with regard to the application
                                                                                     of Federal, State, local, and tribal law to crimes committed by a student.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00013   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              14
                                                                                ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Federal funds provided under this section shall
                                                                              be used to supplement, and not supplant, other Federal, State, or local funds avail-
                                                                              able to carry out the initiatives, activities, and programs described in this section.
                                                                                ‘‘(j) CONSULTATION REQUIRED.—In awarding or entering into grants, contracts,
                                                                              and cooperative agreements under this section, the Secretary shall, in a timely man-
                                                                              ner, meaningfully consult with Indian Tribes, Regional Corporations, Native Hawai-
                                                                              ian Educational Organizations, and their representatives to ensure notice of eligi-
                                                                              bility.
                                                                                ‘‘(k) DEFINITIONS.—In this section:
                                                                                      ‘‘(1) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘early childhood edu-
                                                                                    cation program’ has the meaning given such term in section 103 of the Higher
                                                                                    Education Act of 1965 (20 U.S.C. 1003).
                                                                                      ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
                                                                                            ‘‘(A) a State educational agency;
                                                                                            ‘‘(B) a local educational agency;
                                                                                            ‘‘(C) an Indian Tribe (as defined in section 4 of the Indian Self-Deter-
                                                                                         mination and Education Assistance Act) or their tribal educational agency;
                                                                                            ‘‘(D) the Bureau of Indian Education;
                                                                                            ‘‘(E) a Regional Corporation;
                                                                                            ‘‘(F) a Native Hawaiian educational organization; and
                                                                                            ‘‘(G) State, Territory, and Tribal Lead Agencies administering the Child
                                                                                         Care and Development Fund as described in section 658D(a) of the Child
                                                                                         Care and Development Block Grant Act (42 U.S.C. 9858b(a)).
                                                                                      ‘‘(3) ESEA TERMS.—
                                                                                            ‘‘(A) The terms ‘elementary school’, ‘evidence-based’, ‘local educational
                                                                                         agency’, ‘paraprofessional’, ‘parent’, ‘professional development’, ‘school lead-
                                                                                         er’, ‘secondary school’, ‘Secretary’, ‘specialized instructional support per-
                                                                                         sonnel’, and ‘State educational agency’ have the meanings given such terms
                                                                                         in section 8101 of the Elementary and Secondary Education Act of 1965 (20
                                                                                         U.S.C. 7801).
                                                                                            ‘‘(B) The term ‘full-service community school’ has the meaning given such
                                                                                         term in section 4622 of the Elementary and Secondary Education Act of
                                                                                         1965 (20 U.S.C. 7272).
                                                                                            ‘‘(C) The term ‘Native Hawaiian educational organization’ has the mean-
                                                                                         ing given such term in section 6207 of the Elementary and Secondary Edu-
                                                                                         cation Act of 1965 (20 U.S.C. 7517).
                                                                                            ‘‘(D) The term ‘school-based mental health services provider’ has the
                                                                                         meaning given the term in section 4102 of the Elementary and Secondary
                                                                                         Education Act of 1965 (20 U.S.C. 7112).
                                                                                      ‘‘(4) REGIONAL CORPORATION.—The term ‘Regional Corporation’ has the mean-
                                                                                    ing given the term in section 3 of the Alaska Native Claims Settlement Act (43
                                                                                    U.S.C. 1602)).
                                                                                      ‘‘(5) SCHOOL.—The term ‘school’ means a public elementary school or public
                                                                                    secondary school.
                                                                                ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated
                                                                              to carry out this section, $50,000,000 for each of fiscal years 2023 through 2027.’’.

                                                                                   TITLE V—RESPOND, INNOVATE, SUCCEED,
                                                                                            AND EMPOWER ACT
                                                                              SEC. 501. SHORT TITLE.
                                                                                This title may be cited as the ‘‘Respond, Innovate, Succeed, and Empower Act’’
                                                                              or the ‘‘RISE Act’’.
                                                                              SEC. 502. PERFECTING AMENDMENT TO THE DEFINITION OF DISABILITY.
                                                                                Section 103(6) of the Higher Education Act of 1965 (20 U.S.C. 1003(6)) is amended
                                                                              by striking ‘‘section 3(2)’’ and inserting ‘‘section 3’’.
                                                                              SEC. 503. SUPPORTING STUDENTS WITH DISABILITIES TO SUCCEED ONCE ENROLLED IN COL-
                                                                                         LEGE.
                                                                                Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended
                                                                              by adding at the end the following:
                                                                                    ‘‘(30)(A) The institution will carry out the following:
                                                                                         ‘‘(i) Adopt policies that make any of the following documentation sub-
                                                                                       mitted by an individual sufficient to establish that such individual is an in-
                                                                                       dividual with a disability:




dlhill on DSK120RN23PROD with HEARING
                                                                                               ‘‘(I) Documentation that the individual has had an individualized
                                                                                             education program (IEP) in accordance with section 614(d) of the Indi-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00014   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              15
                                                                                                viduals with Disabilities Education Act (20 U.S.C. 1414(d)), including
                                                                                                an IEP that may not be current on the date of the determination that
                                                                                                the individual has a disability. The institution may ask for additional
                                                                                                documentation from an individual who had an IEP but who was subse-
                                                                                                quently evaluated and determined to be ineligible for services under
                                                                                                the Individuals with Disabilities Education Act, including an individual
                                                                                                determined to be ineligible during elementary school.
                                                                                                   ‘‘(II) Documentation describing services or accommodations provided
                                                                                                to the individual pursuant to section 504 of the Rehabilitation Act of
                                                                                                1973 (29 U.S.C. 794) (commonly referred to as a ‘Section 504 plan’).
                                                                                                   ‘‘(III) A plan or record of service for the individual from a private
                                                                                                school, a local educational agency, a State educational agency, or an in-
                                                                                                stitution of higher education provided in accordance with the Ameri-
                                                                                                cans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
                                                                                                   ‘‘(IV) A record or evaluation from a relevant licensed professional
                                                                                                finding that the individual has a disability.
                                                                                                   ‘‘(V) A plan or record of disability from another institution of higher
                                                                                                education.
                                                                                                   ‘‘(VI) Documentation of a disability due to service in the uniformed
                                                                                                services, as defined in section 484C(a).
                                                                                            ‘‘(ii) Adopt policies that are transparent and explicit regarding informa-
                                                                                         tion about the process by which the institution determines eligibility for ac-
                                                                                         commodations.
                                                                                            ‘‘(iii) Disseminate such information to students, parents, and faculty in an
                                                                                         accessible format, including during any student orientation and making
                                                                                         such information readily available on a public website of the institution.
                                                                                      ‘‘(B) Nothing in this paragraph shall be construed to preclude an institution
                                                                                   from establishing less burdensome criteria than that described in subparagraph
                                                                                   (A) to establish an individual as an individual with a disability and therefore
                                                                                   eligible for accommodations.’’.
                                                                              SEC. 504. AUTHORIZATION OF FUNDS FOR THE NATIONAL CENTER FOR INFORMATION AND
                                                                                         TECHNICAL SUPPORT FOR POSTSECONDARY STUDENTS WITH DISABILITIES.
                                                                                Section 777(a) of the Higher Education Act of 1965 (20 U.S.C. 1140q(a)) is amend-
                                                                              ed—
                                                                                    (1) in paragraph (1), by striking ‘‘From amounts appropriated under section
                                                                                  778,’’ and inserting ‘‘From amounts appropriated under paragraph (5),’’; and
                                                                                    (2) by adding at the end the following:
                                                                                    ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appro-
                                                                                  priated to carry out this subsection $2,000,000 for each of fiscal years 2023
                                                                                  through 2027.’’.
                                                                              SEC. 505. INCLUSION OF INFORMATION ON STUDENTS WITH DISABILITIES.
                                                                                Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)), as amend-
                                                                              ed by section 503, is further amended by adding at the end the following:
                                                                                     ‘‘(31) The institution will submit, for inclusion in the Integrated Postsec-
                                                                                  ondary Education Data System (IPEDS) or any other Federal postsecondary in-
                                                                                  stitution data collection effort, key data related to undergraduate students en-
                                                                                  rolled at the institution who are formally registered as students with disabil-
                                                                                  ities with the institution’s office of disability services (or the equivalent office),
                                                                                  including the total number of students with disabilities enrolled, the number of
                                                                                  students accessing or receiving accommodations, the percentage of students
                                                                                  with disabilities of all undergraduate students, and the total number of under-
                                                                                  graduate certificates or degrees awarded to students with disabilities. An insti-
                                                                                  tution shall not be required to submit the information described in the pre-
                                                                                  ceding sentence if the number of such students would reveal personally identifi-
                                                                                  able information about an individual student.’’.
                                                                              SEC. 506. RULE OF CONSTRUCTION.
                                                                                None of the amendments made by this title shall be construed to affect the mean-
                                                                              ing of the terms ‘‘reasonable accommodation’’ or ‘‘record of impairment’’ under the
                                                                              Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or the rights or
                                                                              remedies provided under such Act.




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00015   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               16

                                                                                     TITLE VI—STRENGTHENING BEHAVIORAL
                                                                                             HEALTH BENEFITS ACT
                                                                              SECTION 601. SHORT TITLE.
                                                                                   This title may be cited as the ‘‘Strengthening Behavioral Health Benefits Act’’.
                                                                              SEC. 602. ENFORCEMENT OF MENTAL HEALTH AND SUBSTANCE USE DISORDER REQUIRE-
                                                                                         MENTS.
                                                                                 (a) IN GENERAL.—Section 502(a) of the Employee Retirement Income Security Act
                                                                              of 1974 (29 U.S.C. 1132(a)) is amended—
                                                                                       (1) in paragraph (10), by striking ‘‘or’’ at the end;
                                                                                       (2) in paragraph (11), by striking the period at the end and inserting ‘‘; or’’;
                                                                                    and
                                                                                       (3) by adding at the end the following:
                                                                                       ‘‘(12) in any case relating to the provision of mental health benefits and sub-
                                                                                    stance use disorder benefits under a group health plan or under group health
                                                                                    insurance coverage offered by a health insurance issuer in connection with a
                                                                                    group health plan (as such terms are defined in section 733), by the Secretary,
                                                                                    or by a participant, beneficiary, or fiduciary, to enforce any provision of this
                                                                                    title or the terms of the plan or coverage relating to such benefits against a
                                                                                    group health plan, a health insurance issuer, a fiduciary of a plan, or any other
                                                                                    person that contracts with a group health plan to provide group health insur-
                                                                                    ance coverage or assistance in the administration of a group health plan (in-
                                                                                    cluding a third party administrator, managed behavioral health organization,
                                                                                    and a pharmacy benefit manager), if such person participates in or conceals a
                                                                                    violation of any requirement of part 7 relating to such benefits or a wrongful
                                                                                    denial of a claim for mental health benefits or substance use disorder benefits
                                                                                    under the terms of the plan or coverage, to obtain appropriate relief, in addition
                                                                                    to any other relief otherwise available under this section, including—
                                                                                             ‘‘(A) to recover all losses to participants and beneficiaries;
                                                                                             ‘‘(B) to reform impermissible plan or coverage terms and policies (as writ-
                                                                                          ten or in operation) in accordance with the requirements of this title and
                                                                                          its implementing regulations; or
                                                                                             ‘‘(C) to ensure the readjudication of claims and payment of benefits in ac-
                                                                                          cordance with the plan or coverage terms without any impermissible limita-
                                                                                          tion, plan or coverage term, or policy.’’.
                                                                                 (b) CLARIFICATION OF GENERAL ENFORCEMENT AUTHORITIES.—
                                                                                       (1) ACTIONS BROUGHT BY A PARTICIPANT, BENEFICIARY, OR FIDUCIARY.—Section
                                                                                    502(a)(3) of such Act (29 U.S.C. 1132(a)(3)) is amended—
                                                                                             (A) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; and
                                                                                             (B) by inserting before the semicolon at the end the following: ‘‘, or (C)
                                                                                          to require re-adjudication and payment of benefits to remedy violations of
                                                                                          this title notwithstanding the availability of relief under other provisions of
                                                                                          this title’’.
                                                                                       (2) ACTIONS BROUGHT BY THE SECRETARY.—Section 502(a)(5) of such Act (29
                                                                                    U.S.C. 1132(a)(5)) is amended—
                                                                                             (A) by striking ‘‘or (B)’’ and inserting ‘‘(B)’’; and
                                                                                             (B) by inserting before the semicolon at the end the following: ‘‘, or (C)
                                                                                          to require re-adjudication and payment of benefits to remedy violations of
                                                                                          this title notwithstanding the availability of relief under other provisions of
                                                                                          this title’’.
                                                                                 (c) EXCEPTION TO THE GENERAL PROHIBITION ON ENFORCEMENT.—Section
                                                                              502(b)(3) of such Act (29 U.S.C. 1132(b)(3)) is amended—
                                                                                       (1) by inserting ‘‘, and except with respect to enforcement by the Secretary
                                                                                    of section 712 or any other provision of part 7 in any case relating to mental
                                                                                    health benefits and substance use disorder benefits’’ after ‘‘under subsection
                                                                                    (c)(9))’’; and
                                                                                       (2) by striking ‘‘706(a)(1)’’ and inserting ‘‘733(a)(1)’’.
                                                                                 (d) DEFINITIONS.—Part 7 of title I of such Act (29 U.S.C. 1181 et seq.) is amend-
                                                                              ed—
                                                                                       (1) in section 712(e), in the matter preceding paragraph (1), by inserting ‘‘and
                                                                                    section 502(a)(12)’’ after ‘‘this section’’; and
                                                                                       (2) in section 733—
                                                                                             (A) in subsection (a), in the matter preceding paragraph (1), by inserting
                                                                                          ‘‘and section 502(a)(12)’’ after ‘‘this part’’; and
                                                                                             (B) in subsection (b), in the matter preceding paragraph (1), by inserting




dlhill on DSK120RN23PROD with HEARING
                                                                                          ‘‘and section 502(a)(12)’’ after ‘‘this part’’.
                                                                                 (e) FUNDING.—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00016   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               17
                                                                                        (1) IN GENERAL.—In addition to amounts otherwise available, there are appro-
                                                                                     priated (out of any money in the Treasury not otherwise appropriated) to the
                                                                                     Department of Labor for fiscal year 2023, to remain available until September
                                                                                     30, 2032, $275,000,000, of which—
                                                                                             (A) $240,000,000 shall be for the Employee Benefits Security Administra-
                                                                                          tion; and
                                                                                             (B) $35,000,000 shall be for the Solicitor of Labor.
                                                                                        (2) USE OF APPROPRIATED FUNDS.—Amounts made available under paragraph
                                                                                     (1) may be used for audits and investigations, enforcement actions, litigation ex-
                                                                                     penses, issuance of regulations or guidance, and any other Departmental activi-
                                                                                     ties relating to section 712 of the Employee Retirement Income Security Act of
                                                                                     1974 and any other provision of title I of such Act relating to mental health and
                                                                                     substance use disorder benefits.

                                                                               TITLE VII—EMPLOYEE AND RETIREE ACCESS
                                                                                           TO JUSTICE ACT
                                                                              SECTION 701. SHORT TITLE.
                                                                                   This title may be cited as the ‘‘Employee and Retiree Access to Justice Act’’.
                                                                              SEC. 702. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTA-
                                                                                         TION WAIVERS, AND DISCRETIONARY CLAUSES.
                                                                                (a) IN GENERAL.—Section 502 of the Employee Retirement Income Security Act of
                                                                              1974 (29 U.S.C. 1132) is amended by adding at the end the following:
                                                                                ‘‘(n)(1) In any civil action brought by, or on behalf of, a participant or beneficiary
                                                                              pursuant to this section or with respect to a common law claim involving a plan or
                                                                              plan benefit, notwithstanding any other provision of law—
                                                                                      ‘‘(A) no predispute arbitration provision shall be valid or enforceable if it re-
                                                                                   quires arbitration of a matter related to a claim brought under this section;
                                                                                      ‘‘(B) no postdispute arbitration provision shall be valid or enforceable unless—
                                                                                            ‘‘(i) the provision was not required by any person, obtained by coercion
                                                                                         or threat of adverse action, or made a condition of participating in a plan,
                                                                                         receiving benefits under a plan, or receiving any other employment, work,
                                                                                         or any employment-related or work-related privilege or benefit;
                                                                                            ‘‘(ii) each participant or beneficiary agreeing to the provision was in-
                                                                                         formed, through a paper notice, in a manner reasonably calculated to be un-
                                                                                         derstood by the average plan participant, of the right of the participant or
                                                                                         beneficiary under subparagraph (C) to refuse to agree to the provision with-
                                                                                         out retaliation or threat of retaliation;
                                                                                            ‘‘(iii) each participant or beneficiary agreeing to the provision so agreed
                                                                                         after a waiting period of not fewer than 45 days, beginning on the date on
                                                                                         which the participant or beneficiary was provided both the final text of the
                                                                                         provision and the disclosures required under clause (ii); and
                                                                                            ‘‘(iv) each participant or beneficiary agreeing to the provision affirma-
                                                                                         tively consented to the provision in writing;
                                                                                      ‘‘(C) no covered provision shall be valid or enforceable, if prior to a dispute
                                                                                   to which the covered provision applies, a participant or beneficiary undertakes
                                                                                   or promises not to pursue, bring, join, litigate, or support any kind of individual,
                                                                                   joint, class, representative, or collective claim available under this section in
                                                                                   any forum that, but for such covered provision, is of competent jurisdiction;
                                                                                      ‘‘(D) no covered provision shall be valid or enforceable, if after a dispute to
                                                                                   which the covered provision applies arises, a participant or beneficiary under-
                                                                                   takes or promises not to pursue, bring, join, litigate, or support any kind of indi-
                                                                                   vidual, joint, class, representative, or collective claim under this section in any
                                                                                   forum that, but for such covered provision, is of competent jurisdiction, unless
                                                                                   the covered provision meets the requirements of subparagraph (B); and
                                                                                      ‘‘(E) no covered provision related to a plan other than a multiemployer plan
                                                                                   shall be valid or enforceable that purports to confer discretionary authority to
                                                                                   any person with respect to benefit determinations or interpretation of plan lan-
                                                                                   guage, or to provide a standard of review of such determinations or interpreta-
                                                                                   tion by a reviewing court in an action brought under this section that would
                                                                                   require anything other than de novo review of such determinations or interpre-
                                                                                   tation.
                                                                                ‘‘(2) In this subsection—
                                                                                      ‘‘(A) the term ‘covered provision’ means any document, instrument, or agree-




dlhill on DSK120RN23PROD with HEARING
                                                                                   ment related to a plan or plan benefit, regardless of whether such provision ap-
                                                                                   pears in a plan document or in a separate agreement;




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00017   Fmt 6659   Sfmt 6621   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              18
                                                                                      ‘‘(B) the term ‘predispute arbitration provision’ means a covered provision
                                                                                   that requires a participant or beneficiary to arbitrate a dispute related to the
                                                                                   plan or an amendment to the plan that had not yet arisen at the time such pro-
                                                                                   vision took effect;
                                                                                      ‘‘(C) the term ‘postdispute arbitration provision’ means a covered provision
                                                                                   that requires a participant or beneficiary to arbitrate a dispute related to the
                                                                                   plan or an amendment to the plan that arose before the time such provision
                                                                                   took effect; and
                                                                                      ‘‘(D) the term ‘retaliation’ means any action in violation of section 510.
                                                                                ‘‘(3)(A) Any dispute as to whether a covered provision that requires a participant
                                                                              or beneficiary to arbitrate a dispute related to a plan is valid and enforceable shall
                                                                              be determined by a court, rather than an arbitrator, regardless of whether any con-
                                                                              tractual provision purports to delegate such determinations to the arbitrator and ir-
                                                                              respective of whether the party resisting arbitration challenges the arbitration
                                                                              agreement specifically or in conjunction with other terms of the contract containing
                                                                              such agreement.
                                                                                ‘‘(B) For purposes of this subsection, a dispute shall be considered to arise only
                                                                              when a plaintiff has actual knowledge (within the meaning of such term in section
                                                                              413) of a breach or violation giving rise to a claim under this section.’’.
                                                                                (b) REGULATIONS.—The Secretary of Labor may promulgate such regulations as
                                                                              may be necessary to carry out the amendment made by subsection (a), including
                                                                              providing for the form and content of notices required pursuant to such amendment.
                                                                              SEC. 703. PROHIBITION ON MANDATORY ARBITRATION CLAUSES, CLASS ACTION WAIVERS,
                                                                                         REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES.
                                                                                Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
                                                                              1102) is amended by adding at the end the following:
                                                                                ‘‘(d)(1) No covered person may—
                                                                                      ‘‘(A) require participants or beneficiaries to agree to a predispute arbitration
                                                                                   provision as a condition for participation in, or receipt of benefits under, a plan;
                                                                                      ‘‘(B) agree to a postdispute arbitration provision with a participant or bene-
                                                                                   ficiary with respect to a plan or plan benefit unless the conditions of clauses
                                                                                   (i) through (iv) of section 502(n)(1)(B) are satisfied with respect to such provi-
                                                                                   sion; or
                                                                                      ‘‘(C) agree to any other covered provision with respect to a plan or plan ben-
                                                                                   efit under any circumstances under which such provision would not be valid
                                                                                   and enforceable under subparagraphs (C) through (E) section 502(n)(1).
                                                                                ‘‘(2) In this subsection—
                                                                                      ‘‘(A) the term ‘covered person’ means—
                                                                                            ‘‘(i) a plan;
                                                                                            ‘‘(ii) a plan sponsor;
                                                                                            ‘‘(iii) an employer; or
                                                                                            ‘‘(iv) a person engaged by a plan for purposes of administering or oper-
                                                                                         ating the plan; and
                                                                                      ‘‘(B) the terms ‘covered provision’, ‘predispute arbitration provision’ and
                                                                                   ‘postdispute arbitration provision’ have the meanings given such terms in sec-
                                                                                   tion 502(n)(2).’’.
                                                                              SEC. 704. EFFECTIVE DATE.
                                                                                (a) IN GENERAL.—The amendments made by sections 702 and 703 shall take effect
                                                                              on the date of enactment of this Act and shall apply with respect to any dispute
                                                                              or claim that arises or accrues on or after such date, including any dispute or claim
                                                                              to which a provision predating such date applies, regardless of whether plan docu-
                                                                              ments have been updated in accordance with such amendments.
                                                                                (b) ENFORCEMENT WITH RESPECT TO PLAN DOCUMENT UPDATES.—Notwith-
                                                                              standing subsection (a), no person shall be deemed to be in violation of such amend-
                                                                              ments on account of plan documents that have not been updated in accordance with
                                                                              such amendments until after the beginning of the first plan year that begins on or
                                                                              after the date that is 1 year after the date of enactment of this Act, provided that
                                                                              such person acts in accordance with such amendments during the period in which
                                                                              the plan documents have not been updated.

                                                                                                               PURPOSE AND SUMMARY
                                                                                The purpose of H.R. 7780, the Mental Health Matters Act, is to
                                                                              improve access to behavioral health services for children, students,
                                                                              and workers. H.R. 7780 responds to the growing behavioral health
                                                                              needs of communities across the country by investing in access to




dlhill on DSK120RN23PROD with HEARING
                                                                              behavioral health services, equipping schools to better respond to




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00018   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              19

                                                                              the needs of students, and improving access to behavioral health
                                                                              benefits in job-based health coverage.
                                                                                                                  COMMITTEE ACTION
                                                                                                                       116TH CONGRESS

                                                                                 On February 6, 2019, the Committee held a hearing titled ‘‘Ex-
                                                                              amining Threats to Workers with Preexisting Conditions’’ which
                                                                              discussed in part mental health benefits. The Committee heard tes-
                                                                              timony from: Ms. Sabrina Corlette, Research Professor with the
                                                                              Center on Health Insurance Reforms, Georgetown University
                                                                              Health Policy Institute, Washington, D.C.; Mr. Chad Riedy, Alexan-
                                                                              dria, VA; Ms. Grace-Marie Turner, President, Galen Institute,
                                                                              Paeonian Springs, VA; and Dr. Rahul Gupta, Senior Vice President
                                                                              and Chief Medical and Health Officer, March of Dimes, Arlington,
                                                                              VA.
                                                                                 On September 11, 2019, the Early Childhood, Elementary, and
                                                                              Secondary Education (ECESE) Subcommittee held a hearing titled
                                                                              ‘‘The Importance of Trauma-Informed Practices in Education to As-
                                                                              sist Students Impacted by Gun Violence and Other Adversities’’
                                                                              which discussed the trauma students bring to and experience in
                                                                              school, and how it effects their behavioral health and school per-
                                                                              formance. The Committee heard testimony from: Dr. Nadine Burke
                                                                              Harris, Surgeon General for the State of California, San Francisco,
                                                                              CA; Dr. Ingrida Barker, Associate Superintendent, McDowell Coun-
                                                                              ty Schools, Welch, WV; Ms. Joy Hofmeister, State Superintendent
                                                                              of Public Instruction, Oklahoma State Department of Education,
                                                                              Oklahoma City, OK; and Dr. Janice K. Jackson, Chief Executive
                                                                              Officer, Chicago Public Schools, Chicago, IL.
                                                                                 On June 22, 2020, the Committee held a hearing titled ‘‘Inequi-
                                                                              ties Exposed: How COVID–19 Widened Racial Inequities in Edu-
                                                                              cation, Health, and the Workforce’’ on how existing disparities in
                                                                              health and education fields have been exacerbated by the COVID–
                                                                              19 pandemic. The Committee heard testimony from Dr. Camara P.
                                                                              Jones, Adjunct Professor, Rollins School of Public Health at Emory
                                                                              University; Senior Fellow and Adjunct Associate Professor, More-
                                                                              house School of Medicine; Past President, American Public Health
                                                                              Association, Atlanta, GA; Dr. Valerie Rawlston Wilson, Director,
                                                                              Program on Race, Ethnicity, and the Economy, Economic Policy In-
                                                                              stitute, Silver Spring, MD; Mr. Avid Roy, Co-Founder and Presi-
                                                                              dent, The Foundation for Research on Equal Opportunity, Austin,
                                                                              TX; and Mr. John B. King, Jr., President and CEO, The Education
                                                                              Trust, Washington, D.C.
                                                                                                                       117TH CONGRESS

                                                                                 On March 25, 2021, the Early Childhood, Elementary, and Sec-
                                                                              ondary Education (ECESE) Subcommittee held a hearing titled
                                                                              ‘‘Lessons Learned: Charting the Path to Educational Equity Post-
                                                                              COVID–19’’ to examine how the COVID–19 pandemic has impacted
                                                                              communities and discuss the most effective methods of ensuring
                                                                              the nation’s public schools reopen and recover equitably. The Sub-
                                                                              committee heard testimony from Mr. Mark Morial J.D., President
                                                                              and Chief Executive Officer, National Urban League, New York,
                                                                              NY; Mrs. Jennifer Dale, Parent, Lake Oswego, OR; Selene




dlhill on DSK120RN23PROD with HEARING
                                                                              Almazan, Esq., Legal Director, Council of Parent Attorneys and Ad-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00019   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              20

                                                                              vocates, Inc., Towson, MD; and Alberto Carvalho, Superintendent
                                                                              of Schools, Miami-Dade County Public Schools, Miami, FL.
                                                                                 On April 15, 2021, the Subcommittee on Health, Employment,
                                                                              Labor, and Pensions (HELP Subcommittee) held a hearing titled
                                                                              ‘‘Meeting the Moment: Improving Access to Behavioral and Mental
                                                                              Health Care’’ to examine barriers to access to behavioral health
                                                                              care, particularly limited coverage of mental health and substance
                                                                              use disorder treatment and the importance of improving enforce-
                                                                              ment of mental health parity laws. The Subcommittee heard testi-
                                                                              mony from Dr. Brian Smedley, Chief of Psychology in the Public
                                                                              Interest, American Psychological Association, Washington, DC; Dr.
                                                                              Christine Yu Moutier, Chief Medical Officer, American Foundation
                                                                              for Suicide Prevention, New York, NY; Mr. James Gelfand, Senior
                                                                              Vice President, Health Policy, The ERISA Industry Committee,
                                                                              Washington, DC; and Dr. Meiram Bendat, Founder, Psych-Appeal,
                                                                              Santa Barbara, CA.
                                                                                 On September 9, 2021, the ECESE Subcommittee held a hearing
                                                                              titled, ‘‘Back to School: Highlighting Best Practices for Safely Re-
                                                                              opening Schools’’ which discussed the conditions under which
                                                                              schools were beginning to reopen nationally, and the state of stu-
                                                                              dents and teachers returning to school. The Subcommittee heard
                                                                              testimony from Dr. Jesus F. Jara, Superintendent of Schools, Clark
                                                                              County School District, Las Vegas, NV; Ms. Denise Forte, Interim
                                                                              Chief Executive Officer, The Education Trust, Washington, D.C.;
                                                                              Mr. David Zweig, Journalist, The Atlantic, New York Magazine,
                                                                              Wired Magazine, Hudson, NY; and Dr. Ashish K. Jha, Dean & Pro-
                                                                              fessor of Health Services, Policy & Practice, Brown University,
                                                                              Providence, RI.
                                                                                 On February 16, 2022, the ECESE Subcommittee held a hearing
                                                                              titled ‘‘Serving All Students: Promoting a Healthier, More Sup-
                                                                              portive School Environment’’ to discuss practices in use in public
                                                                              schools that are harmful to the mental health of students. The Sub-
                                                                              committee heard testimony from: Ms. Kristen Harper, Vice Presi-
                                                                              dent for Public Policy and Engagement, Child Trends; Mr. Guy Ste-
                                                                              phens, Founder and Executive Director, Alliance Against Seclusion
                                                                              and Restraint; Ms. Morgan Craven, J.D., National Director of Pol-
                                                                              icy, Advocacy and Community Engagement, Intercultural Develop-
                                                                              ment Research Association; and, Mr. Max Eden, Research Fellow,
                                                                              American Enterprise Institute.
                                                                                 On March 1, 2022, the HELP Subcommittee held a hearing titled
                                                                              ‘‘Improving Retirement Security and Access to Mental Health Ben-
                                                                              efits’’ to examine issues affecting access to benefits under private
                                                                              sector employee retirement and health benefit plans, including bar-
                                                                              riers to coverage of mental health services. The Subcommittee
                                                                              heard testimony from Ms. Amy Matsui, Director of Income Security
                                                                              and Senior Counsel, National Women’s Law Center, Washington,
                                                                              DC; Ms. Karen Handorf, Senior Counsel, Berger Montague, Alexan-
                                                                              dria, VA; Mr. Andrew Biggs, Senior Fellow, American Enterprise
                                                                              Institute, Washington, DC; and Mr. Aron Szapiro, Head of Retire-
                                                                              ment Studies and Public Policy, Morningstar, Inc. and Morningstar
                                                                              Investment Management LLC, Chicago, IL.
                                                                                 On May 17, 2022, Rep. Mark DeSaulnier (D–CA–11) introduced
                                                                              H.R. 7780, the Mental Health Matters Act. The bill was referred to




dlhill on DSK120RN23PROD with HEARING
                                                                              the Committee on Education and Labor.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00020   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              21

                                                                                 On May 18, 2022, the Committee considered H.R. 7780 in legisla-
                                                                              tive session and reported it favorably, as amended, to the House of
                                                                              Representatives by a vote of 26 Yeas to 18 Nays. The Committee
                                                                              considered the following amendments to H.R. 7780:
                                                                                      • Rep. DeSaulnier offered an amendment in the nature of a
                                                                                   substitute to make conforming and technical changes. The
                                                                                   amendment was adopted by voice vote.
                                                                                      • Rep. Rick Allen (R–GA–12) offered an amendment in the
                                                                                   nature of a substitute to strike the bill text and replace it with
                                                                                   a new program administered by the Department of Education
                                                                                   that would award competitive grants to state educational agen-
                                                                                   cies to address the mental health needs of school. The amend-
                                                                                   ment was defeated by a vote of 17 Yeas and 26 Nays.
                                                                                      • Rep. Mary Miller (R–IL–15) offered an amendment to
                                                                                   strike language regarding preparing mental health service pro-
                                                                                   viders to meet the needs of LGBTQ+ students. The amendment
                                                                                   was defeated by a vote of 17 Yeas and 26 Nays.
                                                                                      • Rep. Allen offered an amendment to make implementation
                                                                                   of the Strengthening Behavioral Health Benefits Act condi-
                                                                                   tional on the Department of Labor issuing a rule on mental
                                                                                   health parity requirements. The amendment also strikes the
                                                                                   additional funding for parity enforcement. The amendment was
                                                                                   defeated by a vote of 17 Yeas and 27 Nays.
                                                                                      • Rep. Diana Harshbarger (R–TN–01) offered an amendment
                                                                                   to remove the bill’s multiemployer benefits plan exemption
                                                                                   from the bill’s prohibition on discretionary clauses in employee
                                                                                   benefit plans. The amendment was defeated by a vote of 18
                                                                                   Yeas and 26 Nays.
                                                                                                                  COMMITTEE VIEWS
                                                                                 Communities across the United States are grappling with a dev-
                                                                              astating mental health crisis, which has only been exacerbated in
                                                                              recent years due to two public health emergencies—the opioid cri-
                                                                              sis and the COVID–19 pandemic. Barriers to access to behavioral
                                                                              health services vary and create complex challenges for vulnerable
                                                                              families, but Congress has tools at its disposal to better support
                                                                              students, workers, and communities. H.R. 7780 takes important
                                                                              steps to reduce the inequities caused by these barriers and include
                                                                              policies and priorities to meet the needs of our communities. Spe-
                                                                              cifically, H.R. 7780 includes language from bills championed by
                                                                              members of the Committee, which are described below.
                                                                                      SUPPORTING THE BEHAVIORAL HEALTH NEEDS OF STUDENTS
                                                                                                          AND YOUTH

                                                                                 According to a recent CDC report, every year, 20 percent of all
                                                                              children are identified with a mental health condition, while 40
                                                                              percent of all children will meet criteria for a mental health condi-
                                                                              tion by age 18.1 Examining data from 2013 to 2019, the same re-
                                                                              port found that among adolescents aged 12–17 years, 1 in 5 had
                                                                              experienced a major depressive episode.2 A separate CDC report
                                                                                1 Rebecca Bitsko et al., Mental Health Surveillance Among Children—United States, @013–
                                                                              2019, 71 Mortality & Morbidity Wkly. Rpt., Feb. 25, 2022, at 4, https://www.cdc.gov/mmwr/




dlhill on DSK120RN23PROD with HEARING
                                                                              volumes/71/su/pdfs/su7102a1-H.pdf.
                                                                                2 Id. at 2.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00021   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              22

                                                                              highlighted the increase in poor mental health and suicide behav-
                                                                              iors among U.S. high school students over roughly the last decade.3
                                                                              Among high school students in 2019, the report found that more
                                                                              than 1 in 3 reported feeling sad or hopeless, an increase of 40 per-
                                                                              cent over the 2009 figure.4 Equally distressing, nearly 1 in 5 high
                                                                              school students in 2019 had seriously considered attempting sui-
                                                                              cide.5 On the other end of the age spectrum, findings indicate that
                                                                              there is evidence that even very young children experience mental
                                                                              health conditions.6
                                                                                 Members of marginalized communities often face additional chal-
                                                                              lenges that impact mental health. Between 2009 and 2019, lesbian,
                                                                              gay, and bisexual students were four times more likely to have at-
                                                                              tempted suicide than their heterosexual peers.7 Focusing specifi-
                                                                              cally on transgender youth, a national quantitative cross-sectional
                                                                              survey published in 2020, found they are twice as likely to experi-
                                                                              ence depression, seriously consider suicide, and attempt suicide
                                                                              compared to cisgender, lesbian, gay, bisexual, queer and ques-
                                                                              tioning youth.8 It is important to note that LGBTQ+ identities are
                                                                              not in themselves the cause of such challenges. Rather, these high-
                                                                              er rates likely reflect the impact of bias, discrimination, family re-
                                                                              jection, and other stressors.9 COVID–19 has placed additional
                                                                              stressors on many children and young people and has dispropor-
                                                                              tionately impacted communities of color. Over 150,000 children
                                                                              have lost a parent or caregiver to COVID–19, and about 65 percent
                                                                              of all youth experiencing COVID–19 orphanhood are children of
                                                                              color.10
                                                                                 In addition to losing parents 11 family members,12 children of
                                                                              color have been disproportionately impacted by long-term COVID–




                                                                                3 Ctrs. for Disease Control & Prevention, Youth Risk Behavior Survey Data Summary &

                                                                              Trends      Report:    2009–2019   6    (2019),    https://www.cdc.gov/healthyyouth/data/yrbs/pdf/
                                                                              YRBSDataSummaryTrendsReport2019-508.pdf.
                                                                                4 Id. at 60–61.
                                                                                5 Id. at 62.
                                                                                6 See Ruth Shim, et al., Epidemic Rates of Child and Adolescent Mental Health Disorders Re-

                                                                              quire an Urgent Response, 149 Pediatrics 5 April 26, 2022 at 1, https://publications.aap.org/
                                                                              pediatrics/article/149/5/e2022056611/184904/Epidemic-Rates-of-Child-and-Adolescent-Mental.
                                                                                7 See Id. at 684.
                                                                                8 Myeshia Price-Feeney et al., Understanding the Mental Health of Transgender and Non-

                                                                              binary Youth, 66 J. of Adolescent Health 684, 689 (2020), https://www.jahonline.org/article/
                                                                              S1054-139X(19)30922-X/fulltext.
                                                                                9 See, e.g., Joanna Almeida, et al., Emotional Distress Among LGBT Youth: The Influence of

                                                                              Perceived Discrimination Based on Sexual Orientation, 38 J. of Youth & Adolescence 1001–14
                                                                              (2009).
                                                                                10 See, Dan Treglia, et al, Hidden Pain: Children Who Lost a Parent or Caregiver to COVID–

                                                                              19 and What the Nation Can Do to Help Them, COVID Collaborative, (Dec. 2021), https://
                                                                              www.covidcollaborative.us/assets/uploads/img/HIDDEN-PAIN-FINAL.pdf; Press Release, Ctrs.
                                                                              for Disease Control & Prevention, The Hidden U.S. COVID–19 Pandemic: Orphaned Children—
                                                                              More than 140,000 U.S. Children Lost a Primary or Secondary Caregiver Due to the COVID–
                                                                              19     Pandemic      (October   2021),    https://www.cdc.gov/media/releases/2021/p1007-covid-19-
                                                                              orphaned-children.html.
                                                                                11 See Susan D. Hillis, et al., COVID–19-Associated Orphanhood and Caregiver Death in the

                                                                              United States. Pediatrics, https://publications.aap.org/pediatrics/article/148/6/e2021053760/
                                                                              183446/COVID-19-Associated-Orphanhood-and-Caregiver-Death.
                                                                                12 Mike Stobbe, More than 120,000 U.S. kids had caregivers die during pandemic, (October




dlhill on DSK120RN23PROD with HEARING
                                                                              7, 2021), Associated Press, https://apnews.com/article/coronavirus-pandemic-science-pandemics-
                                                                              covid-19-pandemic-race-and-ethnicity-72ab35ef81250e5007f5674d7e0af73d.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00022   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              23

                                                                              19 complications,13 food insecurity,14 housing instability,15 and
                                                                              community violence 16—all factors that contribute to adverse men-
                                                                              tal health outcomes. Improving equitable access to quality mental
                                                                              health services will provide critical support to children experi-
                                                                              encing traumatic stress, anxiety, depression, and other mental
                                                                              health conditions.17
                                                                                 To highlight the urgent mental health needs of children and
                                                                              youth, the American Academy of Pediatrics, the American Academy
                                                                              of Child and Adolescent Psychiatry, and the Children’s Hospital As-
                                                                              sociation declared a national emergency in child and adolescent
                                                                              mental health in October 2021.18 In order to respond to this na-
                                                                              tional emergency, H.R. 7780 includes important Committee prior-
                                                                              ities to better support our nation’s students, children, and edu-
                                                                              cators during this national emergency.
                                                                              Supporting Early Childhood Mental Health
                                                                                 H.R. 7780 includes the text of the Early Childhood Mental
                                                                              Health Support Act, which was first introduced in the 116th Con-
                                                                              gress by Rep. Mark DeSaulnier (D–CA–11), Rep. Doris Matsui (D–
                                                                              CA–06) and Rep. Joe Kennedy III (D–MA–04). The bill was reintro-
                                                                              duced in the 117th Congress by Rep. DeSaulnier, Rep. Matsui, and
                                                                              Rep. Ayanna Pressley (D–MA–07). The legislation aims to improve
                                                                              access to mental health supports for both children and staff in
                                                                              Head Start programs by requiring the U.S. Department of Health
                                                                              and Human Services (HHS) to identify evidence-based interven-
                                                                              tions for Head Start programs and help Head Start agencies imple-
                                                                              ment these interventions to improve the health of children and
                                                                              staff.
                                                                                 The targeted funding and support of the Early Childhood Mental
                                                                              Health Support Act comes at a critical time for Head Start pro-
                                                                              grams. The COVID–19 pandemic and opioid crisis have taken a se-
                                                                              rious toll on students’ social and emotional development, leading to
                                                                              an increase in the number of children experiencing trauma enter-
                                                                              ing Head Start.19 As a result, children are entering Head Start
                                                                              with higher needs and contributing to stressful working conditions
                                                                              for staff; these factors, coupled with low compensation, are leading
                                                                                 13 Jason Kane, Rising number of children struggle with COVID’s effects, especially in Black
                                                                              and Latino communities, PBS News Hour, (July 23, 2021), https://www.pbs.org/newshour/show/
                                                                              rising-number-of-children-have-long-haul-covid-especially-in-black-and-latino-communities.
                                                                                 14 Jiying Ling, Paige Duren, Lorraine Robbins, Food Insecurity and Mental Well-Being Among
                                                                              Low-Income Families During COVID–19 Pandemic, (September 2022), American Journal of
                                                                              Health            Promotion,          https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9014344/pdf/
                                                                              10.1177_08901171221089627.pdf.
                                                                                 15 U.S. Department of Housing and Urban Development, Office of Policy Development and Re-
                                                                              search, Promoting Mental Health Through Housing Stability, (May 13, 2022), https://
                                                                              www.huduser.gov/portal/pdredge/pdr-edge-trending-053122.html.
                                                                                 16 Eunice Larbi, Hannah Berendzen, et al., Substance Abuse and Mental Health Services Ad-
                                                                              ministration, Coping with Community Violence Together, (July 27, 2022), https://
                                                                              www.samhsa.gov/blog/coping-community-violence-together.
                                                                                 17 Cf. The Nat’l Child Traumatic Stress Network, What is Child Traumatic Stress? (2003),
                                                                              https://www.samhsa.gov/sites/default/files/programs_campaigns/childrens_mental_health/what-is-
                                                                              child-traumatic-stress.pdf (highlighting the epidemic of childhood traumatic stress).
                                                                                 18 Am. Acad. of Pediatrics, AAP–AACAP–CHA Declaration of a National Emergency in Child
                                                                              and Adolescent Mental Health, (Oct. 19, 2021) https://www.aap.org/en/advocacy/child-and-
                                                                              adolescent-healthy-mental-development/aap-aacap-cha-declaration-of-a-national-emergency-in-
                                                                              child-and-adolescent-mental-health/.
                                                                                 19 See Early Childhood & Knowledge Learning Ctr., Admin. for Child. & Families, U.S. Dep’t
                                                                              of Health & Hum. Svcs., Introduction to Head Start and the Opioid Crisis, (2020) https://
                                                                              eclkc.ohs.acf.hhs.gov/mental-health/article/head-start-opioid-crisis; Nat’l Head Start Assn., Con-




dlhill on DSK120RN23PROD with HEARING
                                                                              fronting Head Start’s Workforce Crisis 2–5 (2022), https://nhsa.org/wp-content/uploads/2022/05/
                                                                              2022.05-Workforce-Brief.pdf?source=email.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00023   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                24

                                                                              to high staff turnover.20 Head Start was founded to help break the
                                                                              cycle of poverty and provide young children from low-income fami-
                                                                              lies comprehensive services that meet their emotional, social,
                                                                              health, nutritional, and educational needs.21 Providing access to
                                                                              mental health services to young children is an important part of
                                                                              Head Start’s work. In 2016, roughly one in six U.S. children be-
                                                                              tween the ages of two and eight years had a diagnosed mental, be-
                                                                              havioral, or developmental disorder.22 Given the life-long con-
                                                                              sequences of adverse experiences and trauma on children, it is cru-
                                                                              cial that Congress develop policies to improve the mental health of
                                                                              our nation’s young people.
                                                                                 A 2022 survey of over 900 Head Start staff states that class-
                                                                              rooms are overrun with children exhibiting challenging behaviors,
                                                                              social-emotional needs, and trauma.23 The Administration for Chil-
                                                                              dren and Families, the office within HHS that administers Head
                                                                              Start, needs additional resources both to address the increased
                                                                              need from the vulnerable populations of children Head Start serves
                                                                              and to identify the best interventions to set children on a path to
                                                                              school readiness and lifelong mental health wellness. The evidence
                                                                              is clear: the sooner children receive support, the more they
                                                                              thrive.24
                                                                              Recognizing the Need to Support Children Impacted by Trauma
                                                                                 Trauma is not merely a factor in the lives of young children—
                                                                              it affects between half and two-thirds of all children in the United
                                                                              States.25 Described simply by the American Psychological Associa-
                                                                              tion as ‘‘an emotional response to a terrible event’’, traumatic
                                                                              events may include the experience of child abuse, community or
                                                                              school violence, or the sudden loss of a loved one.26 According to
                                                                              a CDC study analyzing the long-term effects of childhood and ado-
                                                                              lescent traumatic experiences (also known as adverse childhood ex-
                                                                              periences, or ACEs) on adult health, health care costs, and life ex-
                                                                              pectancy, the effects of trauma are predictive of poor mental health
                                                                              across an individual’s lifespan.27 Furthermore, it is estimated that
                                                                              the social and economic costs of trauma exposure are hundreds of
                                                                              billions of dollars per year.28
                                                                                 As a result of experiencing trauma, children may experience dif-
                                                                              ficulties with concentration, memory, organization, and language
                                                                                   20 See Nat’l Head Start Assn., supra note 15, at 2–5.
                                                                                 21 Early Childhood & Knowledge Learning Ctr., Admin. for Child. & Families, U.S. Dep’t of
                                                                              Health & Hum. Svcs. Head Start History, (2018), https://eclkc.ohs.acf.hhs.gov/about-us/article/
                                                                              head-start-history.
                                                                                 22 Ctrs. for Disease Control & Prevention, Data and Statistics on Children’s Mental Health,
                                                                              (2022), https://www.cdc.gov/childrensmentalhealth/data.html.
                                                                                 23 See Nat’l Head Start Assn., supra note 15, at 5.
                                                                                 24 E.g., Ctr. on the Developing Child, Harvard University, The Impact of Early Adversity on
                                                                              Children’s Development, 2 (2007), https://developingchild.harvard.edu/resources/inbrief-the-
                                                                              impact-of-early-adversity-on-childrens-development/ (‘‘While there is no ‘magic age’ for interven-
                                                                              tion, it is clear that, in most cases, intervening as early as possible is significantly more effective
                                                                              than waiting.’’).
                                                                                 25 Substance Abuse & Mental Health Svcs. Admin., Understanding Childhood Trauma 1,
                                                                              (2016), https://store.samhsa.gov/sites/default/files/d7/priv/sma16_4923_0.pdf.
                                                                                 26 Am. Psych. Assn., Trauma (Sept. 13, 2022, 8:15 PM), https://www.apa.org/topics/trauma#.
                                                                                 27 See Ctrs. for Disease Control & Prevention, About the CDC-Kaiser ACE Study, (Sept. 13,
                                                                              2022, 8:24 PM) https://www.cdc.gov/violenceprevention/aces/about.html (linking adverse child-
                                                                              hood experiences to increased risk of other negative health outcomes from injury to chronic dis-
                                                                              ease, infections disease, and risky behaviors generally).
                                                                                 28 Ctrs. for Disease Control & Prevention, Preventing Childhood Adverse Experiences (ACEs):




dlhill on DSK120RN23PROD with HEARING
                                                                              Leveraging the Best Available Evidence 7, (2019), https://www.cdc.gov/violenceprevention/pdf/
                                                                              preventingACES.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00024   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX    HR484
                                                                                                                              25

                                                                              skills that can make it difficult to adjust to a classroom setting.29
                                                                              There is also a strong correlation between students who have expe-
                                                                              rienced trauma and poor learning outcomes.30 Further, teachers,
                                                                              school leaders, and specialized instructional support personnel can
                                                                              be deeply impacted by the traumas students bring with them into
                                                                              the classroom each day and sustain secondary traumatic stress.31
                                                                              Given the staggering reach of trauma and widespread concerns for
                                                                              both student and teacher wellbeing and academic learning, it is
                                                                              crucial that teachers, school leaders, paraprofessionals, school-
                                                                              based mental health services providers, and other specialized in-
                                                                              structional support personnel are equipped to successfully work
                                                                              with students who have been impacted by trauma.
                                                                                 Effective trauma-informed approaches will go beyond trauma-
                                                                              sensitive teaching practices employed by a single teacher in a class-
                                                                              room and will encompass school wide practices designed to foster
                                                                              safe and stable environments, cultivating a space in which stu-
                                                                              dents, educators, and staff members can thrive.32 Professional de-
                                                                              velopment programs on trauma-informed best practices direct
                                                                              school staff to work together to identify student needs for referral
                                                                              to licensed or certified school-based mental health services pro-
                                                                              viders, such as school counselors, social workers, and psychologists.
                                                                              These professional development activities also enable teachers and
                                                                              school leaders to support student mental health in ways that are
                                                                              effective yet appropriate given their roles.33
                                                                                 Recognizing trauma’s outsized role as a root cause of major
                                                                              American public health issues, during the 115th Congress, Reps.
                                                                              Danny K. Davis (D–IL–07) and Mike Gallagher (R–WI–08)
                                                                              launched the Trauma-Informed Care Caucus in the U.S. House of
                                                                              Representatives to increase congressional awareness of trauma-in-
                                                                              formed care.34 Representatives Davis and Gallagher were then
                                                                              joined by Senator Richard Durbin (D–NY) and Senator Lisa Mur-
                                                                              kowski (R–AK) in introducing the Trauma-Informed Care for Chil-
                                                                              dren and Families Act 35 in both the House and Senate, to support
                                                                              children who have been exposed to ACEs and other traumas. This
                                                                              legislation, designed to respond to needs revealed by a Government
                                                                              Accountability Office (GAO) study requested by Senator Durbin
                                                                              and Rep. Davis,36 was the basis for trauma-related provisions in-
                                                                                29 See e.g., Kohske Ogata, Maltreatment Related Trauma Symptoms Affect Academic Achieve-
                                                                              ment Through Cognitive Functioning: A Preliminary Examination in Japan, 5 J. of Intel. 5
                                                                              (2017) https://www.mdpi.com/2079-3200/5/4/32.
                                                                                30 Rachael D. Goodman, et al., Traumatic Stress, Socioeconomic Status, and Academic
                                                                              Achievement Among Primary School Students 256, (2012) https://www.researchgate.net/profile/
                                                                              Rachael-Goodman-2/publication/232560514_Traumatic-Stress_Socioeconomic_Status_and_
                                                                              Academic-Achievement_Among_Primary_School_Students/links/0a85e538fdecdbdf10000000/
                                                                              Traumatic-Stress-Socioeconomic-Status-and-Academic-Achievement-Among-Primary-School-
                                                                              Students.pdf.
                                                                                31 The   Nat’l Child Traumatic Stress Network, Secondary Traumatic Stress, http://
                                                                              www.nctsn.org/resources/topics/secondary-traumatic-stress.
                                                                                32 Alex Shevrin Venet, The How and Why of Trauma Informed Teaching, Edutopia (Aug. 3,
                                                                              2018), https://www.edutopia.org/article/how-and-why-trauma-informed-teaching.
                                                                                33 See First Book, The Impact of COVID–19 on Student Mental Health in Communities of
                                                                              Need, 24 (Mar. 2022) https://firstbook.org/wp-content/uploads/2022/03/FirstBook_RI_Mental_
                                                                              Health_Final.pdf?utm_source=firstbook&utm_medium=page&utm_campaign=mentalhealth.
                                                                                34 Press Release, Office or Rep. Mike Gallagher, Gallagher Launches Bipartisan Trauma-In-
                                                                              formed Care Caucus (May 21, 2018) https://gallagher.house.gov/media/press-releases/gallagher-
                                                                              launches-bipartisan-trauma-informed-care-caucus.
                                                                                35 S. 774 & H.R. 1757, 115th Cong. (2017).
                                                                                36 U.S. Gov’t Accountability Off., GAO–19–388, Children Affected by Trauma, Selected States




dlhill on DSK120RN23PROD with HEARING
                                                                              Report Various Approaches and Challenges to Supporting Children (2019) https://www.gao.gov/
                                                                              assets/gao-19-388.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00025   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              26

                                                                              cluded in the Substance Use-Disorder Prevention that Promotes
                                                                              Opioid Recovery and Treatment (SUPPORT) for Patients and Com-
                                                                              munities Act. The SUPPORT Patients and Communities Act passed
                                                                              the House by a bipartisan vote of 396–14, with the support of then-
                                                                              Committee Chairwoman Virginia Foxx (R–NC–05) 37; it passed the
                                                                              Senate and was enacted into law in 2018.38 However, the programs
                                                                              in SUPPORT derived from the Trauma-Informed Care for Children
                                                                              and Families Act have not yet received funding.
                                                                                 In the 116th Congress, Rep. Jahana Hayes (D–CT–05) introduced
                                                                              H.R. 4835, the Supporting Trauma-Informed Education Practices
                                                                              Act,39 which sought to provide mandatory funding for the programs
                                                                              in SUPPORT derived from the Trauma-Informed Care for Children
                                                                              and Families Act. H.R. 4835 was eventually included in the Elijah
                                                                              E. Cummings Lower Drug Costs Now Act (H.R. 3), which passed
                                                                              the House of Representatives in December 2019.40 In the same
                                                                              Congress, Reps. Davis and Gallagher continued to champion trau-
                                                                              ma-informed care, and introduced new legislation, H.R. 3180, the
                                                                              Resilience Investment, Support, and Expansion (RISE) from Trau-
                                                                              ma Act, to increase support for children and adults who have been
                                                                              exposed to trauma by building out the trauma-informed workforce
                                                                              and increasing resources for communities to support children who
                                                                              have experienced trauma.
                                                                                 In the 117th Congress, Rep. Hayes reintroduced the Supporting
                                                                              Trauma-Informed Education Practices Act with several crucial revi-
                                                                              sions, such as including early childhood education programs as eli-
                                                                              gible entities to carry out evidence-based trauma-informed prac-
                                                                              tices, as well as adding evidence-based programs to improve mental
                                                                              health and resiliency among teachers, school leaders, and other
                                                                              school personnel as an allowable use of grant funds. This was in
                                                                              line with recommendations the Early Childhood, Elementary, and
                                                                              Secondary Education (ECESE) Subcommittee heard from Kristen
                                                                              Harper, Vice President for Policy and Engagement of Child Trends,
                                                                              at a February 16, 2022 hearing who said, ‘‘Schools’’ primary strat-
                                                                              egy should be prevention, with health, mental health, and social
                                                                              services and relationship-building as schools’ primary tactics.’’ 41
                                                                              The Supporting Trauma-Informed Education Practices Act was in-
                                                                              cluded in H.R. 7780.
                                                                                 Based on longstanding bipartisan support for trauma-informed
                                                                              practices, and previous support for the authorization of trauma in-
                                                                              formed programs in SUPPORT, it is disappointing to see how these
                                                                              practices were considered during the markup to H.R. 7780. Under
                                                                              now-Ranking Member Foxx‘s leadership, the proposed Republican
                                                                              Amendment in the Nature of a Substitute (ANS) to the Mental
                                                                              Health Matters Act entirely removed competitive grants to increase
                                                                              student access to trauma-informed support from the legislation. In
                                                                              fact, the Republican ANS went so far as to strike the mere men-
                                                                              tions of ‘‘trauma’’ and ‘‘trauma-informed practices’’ from the bill.
                                                                                37 H.R. 6, 115th Cong., 2d sess., House Roll Call Vote #288, (June 22, 2018), https://
                                                                              clerk.house.gov/Votes/2018288.
                                                                                38 H.R. 6, 115th Cong., 2d sess., Senate Roll Call Vote #221, (Oct. 3, 2018), https://
                                                                              www.senate.gov/legislative/LIS/roll_call_votes/vote1152/vote_115_2_00221.htm.
                                                                                39 H.R. 4835, 116th Cong. (2019).
                                                                                40 H.R. 3, 116th Cong., 1st sess., House Roll Call Vote #682 (Dec. 12, 2019), https://
                                                                              clerk.house.gov/Votes/2019682.
                                                                                41 Serving All Students: Promoting a Healthier, More Supportive School Environment: Hearing




dlhill on DSK120RN23PROD with HEARING
                                                                              Before the Subcomm. on Early Childhood, Elementary & Secondary Educ. of the H. Comm. on
                                                                              Educ. & Lab., 117th Cong. (2022).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00026   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              27

                                                                                Finally, as a result of the SUPPORT Patients and Communities
                                                                              Act‘s passage in the 115th Congress, and the longtime efforts of the
                                                                              Congressional Black Caucus‘ Emergency Taskforce on Youth Sui-
                                                                              cide and Mental Health, an Interagency Task Force on Trauma-In-
                                                                              formed Care, led by the Substance Abuse and Mental Health Serv-
                                                                              ices Administration (SAMHSA), was established to ‘‘harness the ex-
                                                                              pertise, reach, and resources of the federal government to address
                                                                              the impact that trauma can have on the healthy development of
                                                                              children.’’ 42 The Committee looks forward to the Task Force’s
                                                                              forthcoming report and recommendations. Furthermore, under the
                                                                              Mental Health Matters Act, initiatives, activities, and programs car-
                                                                              ried out under the bill’s Supporting Trauma-Informed Education
                                                                              Practices Act provisions must reflect the best practices for trauma-
                                                                              informed identification, referral and support developed by the Task
                                                                              Force. The Committee is eager for these efforts to serve as further
                                                                              exemplars of evidence-based trauma-informed support services and
                                                                              mental health services.
                                                                               INVESTING IN THE SCHOOL-BASED BEHAVIORAL HEALTH WORKFORCE

                                                                                 Despite the increasing mental, emotional, and behavioral health
                                                                              needs of children, students, and youth, only 20 percent of children
                                                                              with mental, emotional, or behavioral health disorders receive care
                                                                              from a specialized mental health care provider.43 Among the 4.1
                                                                              million adolescents ages 12–17 who reported a major depressive
                                                                              episode in 2020, only 41.6 percent received treatment, according to
                                                                              SAMHSA.44 Of those who did receive treatment, many received ac-
                                                                              cess via school-based mental health services.45 Students are more
                                                                              likely to visit school-based health centers for mental health services
                                                                              than community mental health centers.46 For students living in
                                                                              low-income school districts, school-based mental health services
                                                                              may be one of few resources available in communities with limited
                                                                              access to health .
                                                                                 Students of color also face additional barriers when seeking qual-
                                                                              ity mental health services. People of color in the U.S. are more like-
                                                                              ly to delay or avoid seeking mental health treatment,47 and one of
                                                                                 42 Substance Abuse & Mental Health Svcs. Admin., National Strategy for Trauma-Informed
                                                                              Care Operating Plan, https://www.samhsa.gov/sites/default/files/trauma-informed-care-operating-
                                                                              plan.pdf.
                                                                                 43 American Academy of Child and Adolescent Psychiatry, Press Release: Severe Shortage of
                                                                              Child and Adolescent Psychiatrists Illustrated in AACAP Workforce Maps, (May 4, 2022),
                                                                              https://www.aacap.org/AACAP/zLatest_News/Se-
                                                                              vere_Shortage_Child_Adolescent_Psychiatrists_Illustrated_AACAP_Workforce_Maps; See Rich-
                                                                              ard Martini, et al., Best Principles for Integration of Child Psychiatry into the Pediatric Health
                                                                              Home: Financing Collaborative Care, 3 American Academy of Child and Adolescent Psychiatry,
                                                                              (June 2012), https://www.aacap.org/App_Themes/AACAP/docs/clinical_practice_center/ sys-
                                                                              tems_of_care/
                                                                              best_principles_for_integration_of_child_psychiatry_into_the_pediatric_health_home_2012.pdf
                                                                              (‘‘Almost 20% of children in the United States suffer from some form of a mental illness—only
                                                                              20% of these children receive treatment.’’).
                                                                                 44 Substance Abuse & Mental Health Svcs. Admin., Ctr. for Behavioral Health Stats. & Qual-
                                                                              ity, Key Substance Use and Mental Health Indicators in the United States: Results from the 2020
                                                                              National Survey on Drug Use and Health, 41 (October 21, 2021), https://www.samhsa.gov/data/
                                                                              sites/default/files/reports/rpt35325/NSDUHFFRPDFWHTMLFiles2020/
                                                                              2020NSDUHFFR1PDFW102121.pdf.
                                                                                 45 See Id. at 42–43.
                                                                                 46 Michael Arenson, et al., The evidence on School-Based Center: A Review, 6 Global Pediatric
                                                                              Health       1,     3–4      (2019),   https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6381423/pdf/
                                                                              10.1177_2333794X19828745.pdf.
                                                                                 47 Thomas G. McGuire & Jeanne Miranda, Racial and ethnic Disparities in Mental Health




dlhill on DSK120RN23PROD with HEARING
                                                                              Care: Evidence and Policy Implications, 3, NIH Public Access, available at https://
                                                                              www.ncbi.nlm.nih.gov/pmc/articles/PMC3928067/.




                                        VerDate Sep 11 2014   06:37 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00027   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              28

                                                                              health providers from diverse backgrounds and linguistically and
                                                                              culturally appropriate mental health services. While more people of
                                                                              color are training to become mental health providers, racial and
                                                                              ethnic minorities represent only 26 percent of psychologists under
                                                                              the age of 36 and 8 percent of those over age 50, according to the
                                                                              American Psychological Association.48
                                                                                 School-based mental health services providers, which include
                                                                              school counselors, social workers, and psychologists, are trained
                                                                              professionals with the appropriate licensure, certification and/or
                                                                              credentials to serve on the frontlines of the student mental health
                                                                              crisis and meet student mental health needs. Research has shown
                                                                              that school-based mental health providers improve school climate
                                                                              and other positive outcomes for students.49 Schools served by more
                                                                              school-based mental health services providers see a host of im-
                                                                              provements, including increased attendance rates, lower rates of
                                                                              school disciplinary incidents,50 as well as improved academic
                                                                              achievement and career readiness,51 and improved graduation
                                                                              rates.52
                                                                                 As part of the its 2015–16 U.S. Department of Education’s Civil
                                                                              Rights Data Collection (CRDC), the Department’s Office for Civil
                                                                              Rights (OCR) required, for the first time, that all public schools re-
                                                                              port the number of social workers, nurses, and psychologists em-
                                                                              ployed, to supplement existing data collection on the number of
                                                                              school counselors.53 A comparison of the resulting CRDC data and
                                                                              recommended student to school-based mental health services pro-
                                                                              vider ratios indicate an concerning shortage of such professionals
                                                                              in schools. The 2015–16 data revealed that only two states on aver-
                                                                              age met the 250:1 student-to-social worker ratio recommended by
                                                                              the School Social Work Association of America (SSWAA).54 Like-
                                                                              wise, only three states met the 250:1 student-to-school counselor
                                                                              ratio recommended by the American School Counselor Associa-
                                                                              tion.55 For the 2020–21 school year, the national average ratio was
                                                                              415 students to every one school counselor. Further, the National
                                                                              Association of School Psychologists (NASP) recommends a 500:1
                                                                              student-to-school psychologist ratio in order to provide comprehen-
                                                                                48 American Psychological Association. (2019). Demographics of the U.S. Psychology Work-
                                                                              force. https://www.apa.org/workforce/data-tools/demographics.
                                                                                49 See, e.g., Richard E. Cleveland & Christopher A. Sink, Student Happiness, School Climate,
                                                                              and School Improvement Plans: Implications for School Counseling Practice, 21 Professional
                                                                              School Counselling 1–10 (2018); Thomas J. Hernandez & Susan R. Seem. A Safe School Climate:
                                                                              A Systemic Approach and the School Counselor, 7 Professional School Counseling 256–62 (2004);
                                                                              Joseph G. Kosciw, et al., Who, what, where, when, and why: Demographic and ecological factors
                                                                              contributing to hostile school climate for lesbian, gay, bisexual, and transgender youth, 38 Jour-
                                                                              nal of Youth Adolescent 976–88 (2009).
                                                                                50 Richard T. Lapan et al., Connecticut professional school counselors: College and career
                                                                              counseling services and smaller ratios benefit students, 16 Professional School Counseling 117–
                                                                              124. (2012).
                                                                                51 Richard T. Lapan, et al., The impact of more fully implemented guidance programs on the
                                                                              school experiences of high school students: A statewide evaluation study, 75 J. of Counseling
                                                                              & Development, 292–302 (1997).
                                                                                52 Kevin Tan, et al., The impact of school social workers on high school freshman graduation
                                                                              among the one hundred largest school districts in the United States, 39 Sch. Soc. Work J., 1–
                                                                              14 (2015).
                                                                                53 U.S. Dept. of Educ., Civil Rights Data Collection, Master List of 2015–16 Definitions,
                                                                              https://ocrdata.ed.gov/assets/downloads/CRDC-Definitions-2015-16.pdf.
                                                                                54 Pooja Patel & Melissa Clinedinst, State-By-State Student-To-Counselor Ratio Maps By
                                                                              School District, Nat’l Ass’n, for Coll. Admission Counseling, ii, (2021) https://www.nacacnet.org/
                                                                              globalassets/documents/publications/research/researchstateratiosreport.pdf.
                                                                                55 ASCA     National Model A Framework For School Counseling Programs, https://




dlhill on DSK120RN23PROD with HEARING
                                                                              schoolcounselor.org/getmedia/bd376246-0b4f-413f-b3e0-1b9938f36e68/ANM-executive-summary-
                                                                              4th-ed.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00028   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               29

                                                                              sive school-based psychological services.56 However, the actual na-
                                                                              tional ratio for the 2020–21 school year was 1,211 students to one
                                                                              school psychologist.57 Schools are entering the student mental
                                                                              health crisis woefully understaffed.
                                                                                 The Committee recognizes the pronounced need schools face to
                                                                              respond to COVID–19-related stress and trauma as well as existing
                                                                              and projected student needs for mental health services. Thanks to
                                                                              passage of the American Rescue Plan Act (ARPA), schools have
                                                                              more resources to address student mental health.58 Congress pro-
                                                                              vided more than $120 billion to K–12 schools through the ARPA
                                                                              Elementary and Secondary School Emergency Relief (ESSER)
                                                                              Fund. This legislation required that states target at least 20 per-
                                                                              cent to address learning loss and efforts to address the dispropor-
                                                                              tionate impact of the COVID–19 pandemic on underserved student
                                                                              groups’ academic, social and emotional needs.59 Local educational
                                                                              agencies may use ARPA funds to provide mental health services
                                                                              and supports.60 As of March 2022, with the help of ESSER funds,
                                                                              schools have already seen a 65 percent increase in social workers,
                                                                              and a 17 percent increase in counselors.61 But we must do more.
                                                                                   BUILDING AND SUSTAINING PIPELINE OF SCHOOL-BASED MENTAL
                                                                                                  HEALTH SERVICE PROVIDERS
                                                                                 The Committee believes strengthening school-based mental
                                                                              health programs is necessary to respond to the needs that have
                                                                              been present and documented since at least 2015–16, and to re-
                                                                              spond to added stress and trauma brought on by the COVID–19
                                                                              and the opioid crisis. H.R. 7780 is designed to meet both the exist-
                                                                              ing and projected student needs for mental health services by in-
                                                                              vesting in the pipeline of school-based mental health services pro-
                                                                              viders and targeting funding for the recruitment and retention of
                                                                              providers. These policies are aligned with recommendations from
                                                                              NASP for addressing the shortage of school psychologists, rec-
                                                                              ommendations which could be adapted and applied across school-
                                                                              based mental health services professions.62 These recommendations
                                                                              include a focus on recruitment, more opportunities for re-specializa-
                                                                              tion within graduate programs, and a focus on retention of cur-
                                                                              rently practicing school psychologists.63 H.R. 7780 also allows for
                                                                              models that have proven successful to increase the teacher work-
                                                                              force to be used to increase the school mental health workforce. At
                                                                              least one state has shown that by collaborating with school psy-
                                                                              chology faculty and professionals from two different educational

                                                                                 56 Nat’l Ass’n of Sch. Psychs., Shortage of School Psychologists, https://www.nasponline.org/

                                                                              research-and-policy/policy-priorities/critical-policy-issues/shortage-of-school-psychologists#:∼:text=
                                                                              NASP%20recommends%20a%20ratio%20of,a%20ratio%20of%201%3A5000.
                                                                                 57 Id.
                                                                                 58 Pub. L. No. 117–2, 135 Stat. 4 (2021).
                                                                                 59 Id. at § 2001(a), (e)(1).
                                                                                 60 Id.
                                                                                 61 Fact Sheet, The White House, President Biden to Announce Strategy to Address Our Na-

                                                                              tional Mental Health Crisis, As Part of Unity Agenda in his First State of the Union, (Mar. 01,
                                                                              2022),         https://www.whitehouse.gov/briefing-room/statements-releases/2022/03/01/fact-sheet-
                                                                              president-biden-to-announce-strategy-to-address-our-national-mental-health-crisis-as-part-of-
                                                                              unity-agenda-in-his-first-state-of-the-union/.




dlhill on DSK120RN23PROD with HEARING
                                                                                 62 Nat’l Ass’n of Sch. Psychs., supra note 56.
                                                                                 63 Id.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00029   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX    HR484
                                                                                                                              30

                                                                              service agencies the state could successfully develop a ‘‘Grow Your
                                                                              Own’’ program for mental health services personnel.64
                                                                                 To address the outlined student mental health needs, Title II of
                                                                              the Mental Health Matters Act includes language which would ex-
                                                                              pand the pipeline of school-based mental health services providers
                                                                              by establishing a competitive grant program supporting partner-
                                                                              ships between eligible institutions of higher education and high-
                                                                              need local education agencies. The legislative language for this
                                                                              grant program is from the bipartisan Increasing Access to Mental
                                                                              Health in Schools Act (H.R. 3572), introduced by Rep. Judy Chu
                                                                              (D–CA–27) and Rep. Brian Fitzpatrick (R–PA–01), with Committee
                                                                              member Rep. Hayes as an original co-sponsor.
                                                                                 Crucially, Title II of the Mental Health Matters Act recognizes
                                                                              the importance of recruiting a diverse school-based mental health
                                                                              services provider workforce by including a new priority for partner-
                                                                              ships which include Historically Black Colleges and Universities
                                                                              (HBCUs), Minority-Serving Institutions (MSIs) and Tribally Con-
                                                                              trolled Colleges and Universities (TCCUs). Title II also allows for
                                                                              grant funds to be used to increase the diversity of school-based
                                                                              mental health services providers. It also requires graduates of
                                                                              these programs who wish to serve in schools to be trained to meet
                                                                              the needs of LGBTQ+ students as well as students who have been
                                                                              victims of or witnesses to human trafficking. It is worth noting that
                                                                              in FY2019, the U.S. Department of Education used a portion of
                                                                              School Safety National Activities funds to award the first (and thus
                                                                              far only) cohort of Mental Health Demonstration Grant Program
                                                                              funds, which have a similar aim to that of Title II’s proposed grant
                                                                              program. However, this program has not been authorized in stat-
                                                                              ute.
                                                                                 Title III of the Mental Health Matters Act includes language
                                                                              which would direct the U.S. Department of Education to award
                                                                              grants to state educational agencies to recruit and retain school-
                                                                              based mental health services providers at high-need public elemen-
                                                                              tary and secondary schools. This language is from the Elementary
                                                                              and Secondary School Counseling Act (H.R. 6214), introduced by
                                                                              Reps. Katherine Clark (D–MA–05), with Committee member Rep.
                                                                              Jahana Hayes as an original co-sponsor.
                                                                                 Title III also updates the Elementary and Secondary Counseling
                                                                              Act to include crucial reservations for schools operated or funded
                                                                              by the Bureau of Indian Education (BIE) and schools in the Out-
                                                                              lying Areas to ensure these schools have resources necessary to
                                                                              hire and retain school counselors. Title III also requires that as a
                                                                              condition of receiving funding, states provide an assurance to the
                                                                              Secretary of Education that the state will award subgrants to LEAs
                                                                              that serve a significant number of high-need schools. It is worth
                                                                              noting that ED awarded six state educational agencies School-
                                                                              Based Mental Health Services Grants, with purposes aligned with
                                                                              Title III of the Mental Health Matters Act, in FY2020 after Con-
                                                                              gress increased appropriations for the School Safety National Ac-
                                                                              tivities program and directed that $10 million be used to increase
                                                                              the number of counselors, social workers, psychologists, or other
                                                                              service providers who provide school-based mental health services
                                                                                 64 Stephanie L. Schmitz et al., Increasing School-Based Mental Health Services with a ‘‘Grow




dlhill on DSK120RN23PROD with HEARING
                                                                              Your Own’’ School Psychology Program, 26 Contemporary Sch. Psych. 22–33 (2022) https://
                                                                              link.springer.com/article/10.1007/s40688-020-00348-z.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00030   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              31

                                                                              to students. However, this Demonstration Grant program has not
                                                                              yet been authorized in statute.65
                                                                                 With the Mental Health Matters Act including such bold attempts
                                                                              to increase the much-needed school mental health work force, it is
                                                                              unfortunate that the Republican ANS aimed to significantly gut
                                                                              key provisions of both Title II and Title III. Had it passed, the Re-
                                                                              publican ANS would have removed key targeting provisions, ones
                                                                              the Committee believes are necessary to support the mental health
                                                                              needs of students in high-poverty schools and school districts. It is
                                                                              also worth noting that the Republican ANS would have weakened
                                                                              provisions to build the pipeline of certified and licensed mental
                                                                              health professionals and removed references to the specific profes-
                                                                              sions constituting school-based mental health services providers,
                                                                              and requirements for their appropriate licensure, certification, and
                                                                              credentialing.
                                                                                 Further, flying in the face of growing evidence that LGBTQ+ stu-
                                                                              dents face disproportionate levels of trauma, an amendment offered
                                                                              at markup by Rep. Miller proposed to remove all mention of
                                                                              LGBTQ+ students from the bill. LGBTQ+ students, and the unique
                                                                              traumas they face trying to live their lives, cannot be erased; re-
                                                                              moving all traces of LGBTQ+ students from the Mental Health
                                                                              Matters Act would in no way address the pronounced and dis-
                                                                              proportionate trauma LGBTQ+ students face, nor would it resolve
                                                                              the barriers they face in accessing care to deal with that trauma.
                                                                                 Finally, in discussing trauma and school-based mental health
                                                                              services, the Committee must address the trauma produced by the
                                                                              nationwide epidemic of gun violence in and around our schools and
                                                                              its effect on the mental health needs of students. On May 25, 2022,
                                                                              just one week after the Committee marked up the Mental Health
                                                                              Matters Act, 19 students and two teachers were tragically slain by
                                                                              a gunman in Uvalde, Texas, in the second-deadliest school shooting
                                                                              in U.S. history.66 The grief and trauma experienced by students
                                                                              and the wider community in Uvalde has resonated nationwide, and
                                                                              demands both immediate support by school-based mental health
                                                                              services providers, as well as further investments in consistent sup-
                                                                              ports, which acknowledge the ongoing mental health needs result-
                                                                              ing from mass shootings such as school shootings.67 The Committee
                                                                              would be remiss not to state that research has shown that most
                                                                              people with mental illness are not violent.68 In fact, individuals
                                                                              with mental illness are more likely to be victims rather than per-
                                                                              petrators of violence.69 Therefore, while it is important to increase
                                                                                65 The Committee supports efforts to increase resources and support for the school-based men-
                                                                              tal health workforce via congressionally-directed funding, or through existing authority at the
                                                                              Department of Education. But passage of the Mental Health Matters Act lays the groundwork
                                                                              for a robust authorization of programs to address the dire need in our schools for mental health
                                                                              services professionals. In doing so, the Committee recognizes it is building off of policies and
                                                                              practices undertaken by the School-Based Mental Health Services Demonstration Grant pro-
                                                                              gram and the Mental Health Services Professional Grant program, and hopes that if made in
                                                                              to law authorizations in H.R. 7780 to expand the school-based mental health workforce would
                                                                              receive robust appropriations in line with the requisite need.
                                                                                66 See    generally, e.g., Uvalde School Shooting, Texas Tribune, (2022), https://
                                                                              www.texastribune.org/series/uvalde-texas-school-shooting/ (offering compendium of stories about
                                                                              the shooting and aftermath).
                                                                                67 Amy Novotney, Am. Psych. Assn., What Happens to the Survivors, (Sept. 2018), https://
                                                                              www.apa.org/monitor/2018/09/survivors.
                                                                                68 Tori DeAngelis, Am. Psych. Assn., Mental illness and violence: Debunking myths, address-




dlhill on DSK120RN23PROD with HEARING
                                                                              ing realities, (Apr. 2021), https://www.apa.org/monitor/2021/04/ce-mental-illness.
                                                                                69 Id.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00031   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               32

                                                                              access to mental health services, such actions should not be seen
                                                                              as a substitute for much needed common-sense gun control policies.
                                                                                                     SUPPORTING STUDENTS WITH DISABILITIES

                                                                                 Section 504 of the Rehabilitation Act of 1973 (Section 504) 70 and
                                                                              Title II of the Americans with Disabilities Act (ADA) 71 provide that
                                                                              college students with disabilities are entitled to accommodations
                                                                              that eliminate barriers to equal access to learning opportunities.
                                                                              Although disability is fairly prevalent among college students—ap-
                                                                              proximately 19 percent of all enrolled undergraduates reported
                                                                              having a disability 72—only a third of these students inform their
                                                                              college or seek any accommodations.73 Research indicates that
                                                                              graduation rates for these students are lower than their non-dis-
                                                                              abled peers, and failure to seek accommodations may play a part
                                                                              in that gap.74 Reducing impediments to students receiving dis-
                                                                              ability accommodations will help students with disabilities succeed
                                                                              in post-secondary education.
                                                                                 Under current law, in order to receive accommodations (e.g., ex-
                                                                              tended time on tests, note-taking services, permission to record
                                                                              classes), students must first demonstrate that they have a dis-
                                                                              ability that is covered by section 504 and the ADA. Once that is
                                                                              established, the school and the student must determine a reason-
                                                                              able accommodation that enables the student to perform the essen-
                                                                              tial functions of the academic program or to enjoy the equal bene-
                                                                              fits of the program. While many students with disabilities receive
                                                                              accommodations throughout their elementary and secondary edu-
                                                                              cation, when they transition to post-secondary education, they must
                                                                              navigate new requirements to document their disability. Schools
                                                                              generally require the diagnosis of a disability to be ‘recent’, within
                                                                              six months for psychiatric disabilities.75 This is true even if when
                                                                              student has a lifelong disability and received services through the
                                                                              Individuals with Disabilities Education Act or accommodations
                                                                              under section 504 when they were in elementary and secondary
                                                                              school. Evaluations for learning disabilities can be especially costly
                                                                              and time-consuming for students and their families, and long
                                                                              waitlists to even receive an evaluation and diagnosis can lead to
                                                                              delays or to the student abandoning the effort altogether and not
                                                                              receiving the needed accommodation.76
                                                                                 To help, H.R. 7780 includes the text of the Respond, Innovate,
                                                                              Support, and Empower (RISE) Act—first introduced in the Senate
                                                                              in the 114th Congress by Senator Bob Casey (D–PA) and first in-
                                                                              troduced in the House in the 115th Congress by Rep. Suzanne
                                                                              Bonamici (D–OR–01) and a bipartisan group of legislators in order
                                                                              to help students with disabilities, including mental health disabil-
                                                                              ities, who are transitioning from high school to college.
                                                                                   70 29 U.S.C. § 794.
                                                                                   71 42 U.S.C. § 12132.
                                                                                72 U.S. Dept. of Educ. Institute of Educ. Sciences, Nat’l Ctr. for Educ. Stats, https://
                                                                              nces.ed.gov/fastfacts/display.asp?id=60 (last visited May, 25th, 2022).
                                                                                73 U.S. Dept. of Educ. Institute of Educ. Sciences, Nat’l Ctr. for Educ. Stats, https://
                                                                              nces.ed.gov/whatsnew/press_releases/4_26_2022.asp (last visited May, 25th, 2022).
                                                                                74 Fact Sheet, Postsecondary Nat’l Pol’y Inst., Students with Disabilities in Higher Education,
                                                                              https://pnpi.org/students-with-disabilities-in-higher-education/.
                                                                                75 Ass’n on Higher Educ. & Disability, Documentation Guidelines, Psychiatric Disorders,
                                                                              (2008)     https://www.ahead.org/about-ahead/about-overview/affiliates/connecticut/documentation
                                                                              #H.




dlhill on DSK120RN23PROD with HEARING
                                                                                76 Nat’l Ctr. for Learning Disabilities, Life with LD: Navigating the Transition to College,
                                                                              https://www.ncld.org/news/policy-and-advocacy/life-with-ld-navigating-the-transition-to-college/.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00032   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              33

                                                                                 As incorporated in H.R. 7780, the RISE Act makes it easier for
                                                                              college students with disabilities to access the reasonable accom-
                                                                              modations they need and to which they are legally entitled. Under
                                                                              H.R. 7780, colleges and universities would be required to accept a
                                                                              student’s existing Individualized Education Plan (IEP), 504 plan or
                                                                              other qualifying documentation from their elementary or secondary
                                                                              school as sufficient to establish that the student has a disability
                                                                              which may need accommodation. Additionally, covered institutions
                                                                              must adopt policies that are transparent and detailed regarding the
                                                                              process for determining eligibility for accommodations and make
                                                                              that information available in an accessible format during orienta-
                                                                              tion and on the college or university’s public-facing website. To fa-
                                                                              cilitate students receiving accommodations, H.R. 7780 authorizes
                                                                              $10 million in funding over five years for the National Center for
                                                                              College Students with Disabilities (NCCSD). The NCCSD provides
                                                                              students and families with information about available disability
                                                                              services and offers faculty training and resources on best practices
                                                                              to support students with disabilities. Finally, the legislation re-
                                                                              quires covered institutions to report on the number of students
                                                                              with disabilities being served, the accommodations provided, and
                                                                              the outcomes for these students.
                                                                                      ENSURING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE
                                                                                                       DISORDER BENEFITS

                                                                                 Access to behavioral health care—including treatment for both
                                                                              mental health and substance use disorder—is an important part of
                                                                              maintaining overall health and wellness. Mental illnesses are close-
                                                                              ly linked to physical health problems, such as diabetes, stroke, and
                                                                              heart disease.77 Individuals living with serious mental illness expe-
                                                                              rience significantly higher mortality rates than the overall popu-
                                                                              lation, dying as much as 25 years earlier, usually as a result of
                                                                              treatable conditions.78 With respect to substance use disorder, a
                                                                              treatable behavioral health condition, SAMHSA at HHS has found
                                                                              that about 40.3 million people aged 12 or older had a substance use
                                                                              disorder within the past year, and more than four out of five Amer-
                                                                              icans who need treatment for substance misuse do not receive it.79
                                                                              As the COVID–19 pandemic continues to underscore the impor-
                                                                              tance of equitable access to quality behavioral health care services,
                                                                              the number of individuals reporting symptoms of depression or
                                                                              anxiety increased from 11 percent to 41.1 percent during the height
                                                                              of the pandemic.80
                                                                                 Having affordable health coverage is critical to accessing care in
                                                                              America. With the nation’s increasing behavioral health needs, it
                                                                                 77 Ctrs. for Disease Control & Prevention, Mental Health: Learn About Mental Health, https://
                                                                              www.cdc.gov/mentalhealth/learn/index.htm.
                                                                                 78 Joe Parks, et al., Morbidity and Mortality in People with Serious Mental Illness, National
                                                                              Association of State Mental Health Program Directors (NASMHPD) Medical Directors Council
                                                                              at 4 (Oct. 2006), https://www.nasmhpd.org/sites/default/files/Mortality%20and%20Morbidity%20
                                                                              Final%20Report%208.18.08_0.pdf; see also Nancy H. Liu et al., Excess Mortality in Persons with
                                                                              Severe Mental Disorders: A Multilevel Intervention Framework and Priorities for Clinical Prac-
                                                                              tice, Policy and Research Agendas, 16 World Psychiatry 30 (Jan. 26, 2017), https://
                                                                              onlinelibrary.wiley.com/doi/full/10.1002/wps.20384.
                                                                                 79 Press Release, SAMHSA Releases 2020 National Survey on Drug Use and Health, Sub-
                                                                              stance Abuse & Mental Health Svcs. Admin, (Oct. 26, 2021), https://www.samhsa.gov/newsroom/
                                                                              press-announcements/202110260320.
                                                                                 80 Nirmita Panchal et al., The Implications of COVID–19 for Mental Health and Substance




dlhill on DSK120RN23PROD with HEARING
                                                                              Use, Kaiser Family Foundation (Feb. 10, 2021), https://www.kff.org/coronavirus-covid-19/issue-
                                                                              brief/the-implications-of-covid-19-for-mental-health-and-substance-use/.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00033   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               34

                                                                              is imperative to ensure that health coverage adequately covers be-
                                                                              havioral health. The long-standing tenet of ‘‘parity’’ in behavioral
                                                                              health care refers to the principle that coverage of mental health
                                                                              and substance use disorder (MH/SUD) services should be no more
                                                                              restrictive than coverage of medical and surgical health services.
                                                                              Congress has taken several steps to improve parity, beginning in
                                                                              1996 with the Mental Health Parity Act 81 (MHPA), which provided
                                                                              that annual or lifetime dollar limits for mental health benefits
                                                                              could not be more restrictive than those imposed on medical and
                                                                              surgical benefits. In 2008, the Paul Wellstone and Pete Domenici
                                                                              Mental Health Parity and Addiction Equity Act 82 (MHPAEA)
                                                                              greatly expanded the parity protections existing in law. In general,
                                                                              MHPAEA requires that financial requirements and treatment limi-
                                                                              tations imposed by a group health plan or health insurance issuer
                                                                              on mental health or substance use disorder benefits must be in
                                                                              parity with the treatment limitations that apply to medical and
                                                                              surgical benefits. The requirements of MHPAEA and its imple-
                                                                              menting regulations extend parity to SUD services and apply to
                                                                              both quantitative treatment limitations (QTLs), such as co-pay-
                                                                              ments, as well as non-quantitative treatment limitations (NQTLs),
                                                                              such as step therapy, prior authorization, formulary design, or
                                                                              medical management.83 These requirements are applicable to pri-
                                                                              vate sector employer-sponsored plans through amendments made
                                                                              by MHPAEA to the Employee Retirement Income Security Act
                                                                              (ERISA).84
                                                                                 The Patient Protection and Affordable Care Act 85 (ACA) also ad-
                                                                              vanced parity further in several respects. Most directly, the ACA
                                                                              applied MHPAEA to the individual market 86 and qualified health
                                                                              plans,87 and further required that non-grandfathered plans in the
                                                                              individual and small group markets cover essential health benefits,
                                                                              including treatment for MH/SUD services.88 Notably, several of the
                                                                              ACA’s consumer protections, including the preventive services
                                                                              mandate 89 and the prohibitions on annual and lifetime limits,90
                                                                              also apply to MH/SUD services, thereby extending additional pro-
                                                                              tections to the large group market. Congress has taken additional
                                                                              steps to improve parity in recent years. In 2016, the 21st Century
                                                                              Cures Act 91 mandated that federal agencies issue additional guid-
                                                                              ance, develop an action plan to improve enforcement, and audit
                                                                              plans that commit five or more parity violations. The Consolidated
                                                                              Appropriations Act, 2021 92 enhanced audit requirements and re-
                                                                              quired health plans and issuers to perform comparative analyses of
                                                                              NQTLs and make such analyses available to regulators upon re-
                                                                              quest.
                                                                                 Despite progress, parity in health benefits remains a challenge—
                                                                              made all the more pressing by the COVID–19 public health emer-
                                                                                   81 Pub. L. No. 104–204, title VII (1996).
                                                                                82 Pub. L. No. 110–343, div. C, title V, subtitle B (2008).
                                                                                83 See Colleen L. Barry et al., A Political History of Federal Mental Health and Addiction In-
                                                                              surance Parity, 88 Milbank Quarterly 404, 406–407 (2010).
                                                                                84 29 U.S.C. 1185a.
                                                                                85 Pub. L. No. 111–148 (as amended by Pub. L. No. 111–152).
                                                                                86 42 U.S.C. § 300gg–26(c)(4)(A).
                                                                                87 42 U.S.C. § 18031(j).
                                                                                88 42 U.S.C. § 18022.
                                                                                89 42 U.S.C. § 300gg–13.
                                                                                90 42 U.S.C. § 300gg–11.




dlhill on DSK120RN23PROD with HEARING
                                                                                91 Pub. L. No. 144–255, title X (2016).
                                                                                92 Pub. L. No. 116–260, div. BB, title II (2020).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00034   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              35

                                                                              gency and the associated stressors that the pandemic has placed on
                                                                              communities around the country.
                                                                              H.R. 7780 Provides the Department of Labor Clearer Authority to
                                                                                   Enforce Laws to Protect Access to Mental Health and Substance
                                                                                   Use Disorder Benefits for Americans with Job-Based Coverage
                                                                                 On January 25, 2022, the Department of Labor (DOL), in con-
                                                                              junction with the Departments of Health and Human Services
                                                                              (HHS) and the Treasury, issued a report to Congress (2022 Report)
                                                                              about implementation and enforcement of MHPAEA.93 Notably, the
                                                                              2022 Report summarized findings of widespread noncompliance
                                                                              with MHPAEA based on reviews conducted by the Departments.
                                                                              The 2022 Report also included several recommendations for legisla-
                                                                              tive action that would bolster efforts to enforce the law. In part, it
                                                                              recommended that Congress amend ERISA to (1) expressly provide
                                                                              the DOL with the authority to directly pursue parity violations
                                                                              caused by health insurance issuers, and (2) to ‘‘expressly provide
                                                                              that participants and beneficiaries, as well as the DOL on their be-
                                                                              half, may recover amounts lost by participants and beneficiaries
                                                                              who had their claims denied’’ due to parity violations, ensuring
                                                                              that they are made whole.94
                                                                                 The 2022 Report is not the first instance that legislative action
                                                                              has been recommended to authorize the DOL to directly enforce
                                                                              parity requirements against issuers. The Health, Employment,
                                                                              Labor, and Pensions (HELP) Subcommittee heard testimony from
                                                                              witnesses in multiple hearings arguing that this would be an effec-
                                                                              tive way of bolstering DOL’s enforcement authority and
                                                                              incentivizing more widespread compliance with the law.95 The
                                                                              same recommendation was also made during the Trump Adminis-
                                                                              tration by the President’s Commission on Combatting Drug Addic-
                                                                              tion and the Opioid Crisis, chaired by then-Governor Chris Christie
                                                                              (R–NJ).96
                                                                                 On May 13, 2022, Rep. Joe Courtney (D–CT–02) introduced H.R.
                                                                              7767, the Strengthening Behavioral Health Benefits Act with Com-
                                                                              mittee Member Rep. Donald Norcross (D–NJ–01) as an original co-
                                                                              sponsor. The Strengthening Behavioral Health Benefits Act amends
                                                                              ERISA to adopt the recommendations from the 2022 Report and
                                                                              also provides $275 million over ten years in mandatory funding to
                                                                              support oversight, compliance, and enforcement efforts by DOL.
                                                                              The provisions of the Strengthening Behavioral Health Benefits Act
                                                                              are incorporated into Title VI of the Mental Health Matters Act.
                                                                                 93 2022 MHPAEA Report to Congress: Realizing Parity, Reducing Stigma, and Raising Aware-
                                                                              ness: Increasing Access to Mental Health and Substance Use Disorder Coverage, available at
                                                                              https://www.dol.gov/sites/dolgov/files/EBSA/laws-and-regulations/laws/mental-health-parity/
                                                                              report-to-congress-2022-realizing-parity-reducing-stigma-and-raising-awareness.pdf.
                                                                                 94 Id. at 51–2. The report also recommended that the DOL be given authority assess civil mon-
                                                                              etary penalties for MHPAEA noncompliance. Representative Norcross introduced H.R. 1364, the
                                                                              ‘‘Parity Enforcement Act of 2021’’ earlier in the 117th Congress that would provide the DOL
                                                                              with this authority if enacted.
                                                                                 95 Improving Retirement Security and Access to Mental Health Benefits: Hearing Before the
                                                                              Subcomm. On Health, Employment, Labor, and Pensions, 117th Cong. (2022) (statement of
                                                                              Karen Handorf, Senior Counsel, Berger Montague P.C.) at 5, available at https://
                                                                              edlabor.house.gov/download/handordkarentestimony030122; Meeting the Moment: Improving Ac-
                                                                              cess to Behavioral and Mental Health Care: Hearing Before the Subcomm. On Health, Employ-
                                                                              ment, Labor, and Pensions, 117th Cong. (2021) (statement of Dr. Meiram Bendat, Founder,
                                                                              Psych       Appeal,     Inc.)    at    7,    available  at    https://edlabor.house.gov/download/
                                                                              moutierchristinetestimony041521.
                                                                                 96 Final Report from The President’s Commission On Combating Drug Addiction And The




dlhill on DSK120RN23PROD with HEARING
                                                                              Opioid Crisis, at 72, available at https://trumpwhitehouse.archives.gov/sites/whitehouse.gov/files/
                                                                              images/Final_Report_Draft_11-915-2017.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00035   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              36

                                                                                 The Mental Health Matters Act provides meaningful authority to
                                                                              DOL to address some of the legal loopholes that continue to deny
                                                                              full parity between MH/SUD services and medical and surgical
                                                                              health services. DOL is responsible for enforcing ERISA, including
                                                                              the mental health parity provisions, with respect to more than 2
                                                                              million private employer-sponsored plans.97 About one-third of indi-
                                                                              viduals who receive job-based health benefits are covered by an in-
                                                                              sured plan.98 For insured plans, benefits offered by the plan are
                                                                              funded through a group insurance policy sold to the plan by a
                                                                              health insurance issuer and the issuer is also responsible for proc-
                                                                              essing claims and administering the plan. The other two-thirds of
                                                                              these individuals are covered by a self-funded plan.99 For self-fund-
                                                                              ed plans, the employer or other plan sponsor retains the financial
                                                                              responsibility for paying benefits under the plan, but generally con-
                                                                              tracts with a health insurance issuer or other administrative serv-
                                                                              ice provider to process claims and administer the plan. Most em-
                                                                              ployers with self-insured plans purchase prototype plans from the
                                                                              same issuers that offer identical coverage to insured plans.100
                                                                                 Unfortunately, ERISA’s civil enforcement scheme fails to suffi-
                                                                              ciently account for issuers’ significant role with respect to adminis-
                                                                              tration of both self-funded and insured plans.101 Even though
                                                                              issuers are often the entity responsible for causing plans’ parity
                                                                              violations, ERISA expressly prohibits the DOL from enforcing par-
                                                                              ity requirements against issuers directly.102 If the DOL were able
                                                                              to directly enforce mental health parity requirements against
                                                                              issuers, the agency would be able to more effectively leverage its
                                                                              resources and better protect participants. In part, this is because
                                                                              whenever possible the agency tries to work with plan service pro-
                                                                              viders to achieve global corrections, not just for the particular plans
                                                                              it investigates but for all other plans that contract with the same
                                                                              service providers.103 If the DOL could compel issuers to make cor-
                                                                              rections for noncompliant coverage offered to ERISA-covered plans,
                                                                              they would be able to obtain global corrections for self-funded and
                                                                              insured plans alike.
                                                                                 In addition to providing DOL with clearer direct enforcement au-
                                                                              thority to enforce MHPAEA violations, H.R. 7780 also amends
                                                                              ERISA to make it clear that individuals, and DOL acting on their
                                                                                97 U.S. Department of Labor, FY 2023 Congressional Budget Justification Employee Benefits
                                                                              Security Administration (2022), https://www.dol.gov/sites/dolgov/files/general/budget/2023/CBJ-
                                                                              2023-V2-01.pdf.
                                                                                98 Employer Health Benefits 2021 Annual Survey, Kaiser Family Foundation, November 10,
                                                                              2021 at 9, available at https://www.kff.org/health-costs/report/2021-employer-health-benefits-
                                                                              survey/.
                                                                                99 Id.
                                                                                100 Improving Retirement Security and Access to Mental Health Benefits: Hearing Before the
                                                                              Subcomm. on Health, Labor, and Pensions, 117th Cong. (2022) (statement of Karen Handorf,
                                                                              Senior Counsel, Berger Montague P.C.) at 5, available at https://edlabor.house.gov/download/
                                                                              handordkarentestimony030122. See also Meeting the Moment: Improving Access to Behavioral
                                                                              and Mental Health Care: Hearing Before the Subcomm. On Health, Labor, and Pensions, 117th
                                                                              Cong. (2021) (statement of Dr. Meiram Bendat, Founder, Psych Appeal, Inc.) at 5, https://
                                                                              edlabor.house.gov/imo/media/doc/BendatMeiramTestimony041521.pdf.
                                                                                101 Section 2726 of the Public Health Service (PHS) Act imposes requirements on health insur-
                                                                              ance issuers that are substantively identical to the parity requirements in ERISA. State insur-
                                                                              ance regulators are generally responsible for enforcement of these requirements under section
                                                                              2723 of the PHS Act. State-level enforcement efforts vary widely from state to state. See U.S.
                                                                              Gov’t Accountability Off., GAO–20–150, Mental Health and Substance Use: State and Federal
                                                                              Oversight of Compliance with Parity Requirements Varies, available at https://www.gao.gov/
                                                                              products/gao-20-150.
                                                                                102 29 U.S.C. 1132(b)(3).




dlhill on DSK120RN23PROD with HEARING
                                                                                103 See FY 2021 MHPAEA Enforcement Fact Sheet at 3, available at https://www.dol.gov/sites/
                                                                              dolgov/files/EBSA/laws-and-regulations/laws/mental-health-parity/mhpaea-enforcement-2021.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00036   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                  37

                                                                              behalf, may obtain retrospective relief in any case involving mental
                                                                              health or other benefits that they are entitled to under ERISA.
                                                                                 Case law regarding parties’ ability to file lawsuits to recover
                                                                              mental health and other benefits wrongly denied due to a plan not
                                                                              complying with ERISA has become muddled and is ripe for clari-
                                                                              fication. ERISA’s civil enforcement framework includes a private
                                                                              right of action for participants and beneficiaries, which means that
                                                                              they are generally able to file lawsuits to ensure that they receive
                                                                              the benefits that they are entitled to and compel their plan to com-
                                                                              ply with the law. ERISA also generally provides the DOL with au-
                                                                              thority to bring these types of lawsuits on participants and bene-
                                                                              ficiaries’ behalf. There are three interconnected statutory provi-
                                                                              sions in ERISA that fulfill this purpose:
                                                                                      1. Section 502(a)(1)(B) enables any plan participant or bene-
                                                                                   ficiary to sue to ‘‘recover benefits due to him under the terms
                                                                                   of the plan, to enforce his rights under the terms of the plan,
                                                                                   or to clarify his rights to future benefits under the plan.’’ 104
                                                                                      2. Section 502(a)(3) enables any plan participant or bene-
                                                                                   ficiary to sue ‘‘(A) to enjoin any act or practice which violates
                                                                                   any provision of [ERISA] or the terms of the plan, or (B) to ob-
                                                                                   tain other appropriate equitable relief (i) to redress such viola-
                                                                                   tions, or (ii) to enforce any provisions of [ERISA] or the terms
                                                                                   of the plan.’’ 105
                                                                                      3. Section 502(a)(5) similarly enables the DOL to sue ‘‘(A) to
                                                                                   enjoin any act or practice which violates any provision of
                                                                                   [ERISA] or the terms of the plan, or (B) to obtain other appro-
                                                                                   priate equitable relief (i) to redress such violations, or (ii) to
                                                                                   enforce any provisions of [ERISA].’’ 106
                                                                                 Courts have sometimes recognized a distinction between section
                                                                              502(a)(1)(B) and section 502(a)(3) by reading them in tandem to
                                                                              create a two-step process for resolving disputes over benefits that
                                                                              were wrongfully denied due to a violation of ERISA’s requirements.
                                                                              For Step 1, participants or beneficiaries can bring a claim under
                                                                              section 502(a)(3) to have any terms of their plan that violate
                                                                              ERISA reformed and, for Step 2, they may also bring claims under
                                                                              section 502(a)(1)(B) to recover the benefits provided by the terms
                                                                              of the plan, as reformed through relief obtained under section
                                                                              502(a)(3).107 However, in some cases, courts have taken a simpler
                                                                              approach and held that plan terms that violate ERISA cannot su-
                                                                              persede the law and so they are unenforceable and do not need to
                                                                              be reformed prior to consideration of claims to recover denied bene-
                                                                              fits under section 502(a)(1)(B).108 However, under either approach,
                                                                              section 502(a)(1)(B) is the only provision that can be used to ad-
                                                                              dress recovery of denied benefits by participants.
                                                                                 In Secretary of Labor v. Macy’s, et al., the U.S. District Court for
                                                                              the Southern District of Ohio recently found new limits on the
                                                                              DOL’s authority to enforce ERISA requirements.109 In Macy’s, the
                                                                              DOL attempted to exercise its authority to seek ‘‘appropriate equi-
                                                                              table relief’’ under section 502(a)(5) to require the defendants to re-
                                                                              adjudicate claims that it alleges were improperly decided. However,
                                                                                   104 29 U.S.C. 1132(a)(1)(B).
                                                                                   105 29 U.S.C. 1132(a)(3).
                                                                                   106 29 U.S.C. 1132(a)(5).
                                                                                   107 E.g., Cigna Corp. v. Amara et al., 563 U.S. 421 (2011).




dlhill on DSK120RN23PROD with HEARING
                                                                                   108 See e.g., N.R. v. Raytheon, 24 F.4th 740 (1st Cir. 2022).
                                                                                   109 See Secretary of Labor v. Macy’s, et al., 1:17–cv–541 (S.D. Ohio Nov. 17, 2021).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000      Frm 00037   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               38

                                                                              the court held that re-adjudication was not a remedy available
                                                                              under 502(a)(5). Although Macy’s only represents the interpretation
                                                                              of one district court and others may rightly find that DOL has the
                                                                              authority to obtain re-adjudication of benefits as a remedy for vio-
                                                                              lations of ERISA, the Committee sees an interest in making clear
                                                                              that it is the intent of Congress that this relief be available to the
                                                                              Secretary. Without this authority, DOL’s ability to fulfill its mis-
                                                                              sion to protect the rights of participants and beneficiaries would be
                                                                              significantly curtailed. The success of participants and bene-
                                                                              ficiaries’ claims should not hinge on whether their claims are prop-
                                                                              erly brought under ERISA section 502(a)(1)(b) or section 502(a)(3).
                                                                              As such, H.R. 7780 eradicates any ambiguity and ensures that both
                                                                              of ERISA’s remedial authority provisions in sections 502 can fully
                                                                              protect participants and beneficiaries.
                                                                              Discretionary Clauses Inhibit the Ability of Workers and Retirees to
                                                                                   Enforce their Rights to Mental Health and Other Benefits
                                                                                   Under ERISA-Covered Plans
                                                                                 H.R. 7780, in part, enhances access to mental health and sub-
                                                                              stance use disorder benefits for individuals with job-based health
                                                                              coverage by prohibiting discretionary clauses that unfairly advan-
                                                                              tage plan administrators by denying claimants the opportunity for
                                                                              de novo review by courts of their benefit denials. H.R. 7780 incor-
                                                                              porates these protections by including provisions of bicameral legis-
                                                                              lation, the Employee and Retiree Access to Justice Act of 2022, in-
                                                                              troduced by Rep. DeSaulnier and Sen. Tina Smith (D–MN) on May
                                                                              12, 2022.
                                                                                 During the HELP Subcommittee’s March 1, 2022, hearing titled
                                                                              ‘‘Improving Retirement Security and Access to Mental Health Ben-
                                                                              efits’’ (March 1st Hearing), witnesses testified regarding clauses in
                                                                              group health plan documents that give plan administrators author-
                                                                              ity to interpret the terms of the plan and effectively deny plan par-
                                                                              ticipants and beneficiaries from having their claims for denied ben-
                                                                              efits reviewed de novo by courts if they choose to bring a lawsuit
                                                                              under ERISA. In Firestone Tire & Rubber Co. v. Bruch, the Su-
                                                                              preme Court held that if the plan documents for an ERISA-covered
                                                                              employee benefit plan expressly provide the plan administrator
                                                                              with authority to interpret the terms of the plan, then lawsuits
                                                                              challenging a denial of benefits must be reviewed by courts under
                                                                              an abuse of discretion standard, rather than the de novo standard
                                                                              that is ordinarily the default under ERISA.110
                                                                                 In the March 1st Hearing, the Committee heard testimony stat-
                                                                              ing that because of Firestone, there has been a proliferation of ‘‘dis-
                                                                              cretionary clauses’’ in employee benefit plans that purport to grant
                                                                              discretion to entities, often health insurance companies, regarding
                                                                              benefit determinations and plan interpretation.111 Karen Handorf,
                                                                              a veteran ERISA attorney, testified that:
                                                                                       [t]hese clauses change the default de novo review stand-
                                                                                   ard that courts would otherwise apply in reviewing benefit
                                                                                   denials to an abuse of discretion standard that is ex-
                                                                                   110 Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 1010 (1989).

                                                                                111 Improving Retirement Security And Access To Mental Health Benefits: Hearing Before the
                                                                              Subcomm. On Health, Labor, and Pensions, 117th Cong. (2022) at 7–8 (statement of Karen




dlhill on DSK120RN23PROD with HEARING
                                                                              Handorf, Senior Counsel, Berger Montague P.C.), available at https://edlabor.house.gov/
                                                                              download/handordkarentestimony030122.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00038   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              39

                                                                                   tremely deferential to the plan fiduciaries . . . In practice,
                                                                                   this deferential standard of review makes it very difficult
                                                                                   for participants and beneficiaries, particularly those chal-
                                                                                   lenging health care or disability denials, to obtain prom-
                                                                                   ised benefits even if the court determines that it would de-
                                                                                   cide the matter differently under a de novo standard of re-
                                                                                   view.
                                                                                 Ms. Handorf further explained that this standard ‘‘severely limits
                                                                              the scope of discovery’’ in these of cases because courts may only
                                                                              consider the same evidence that was considered by the plan admin-
                                                                              istrator when deciding whether to approve or deny the benefit
                                                                              claim.112 Indeed, the deferential standard of review creates such a
                                                                              strong presumption in favor of the plan administrator’s decision to
                                                                              deny benefits that not even a structural conflict of interest will
                                                                              generally be sufficient to defeat the presumption that a deferential
                                                                              standard of review is required.113
                                                                                 The Committee strongly believes a general prohibition on discre-
                                                                              tionary clauses in ERISA-covered plans would significantly en-
                                                                              hance participants’ and beneficiaries’ ability to prevail when they
                                                                              are challenge a wrongful denial of mental health benefits. Con-
                                                                              sider, for example, the case of Wit. v. United Behavioral Health, a
                                                                              large class action lawsuit regarding coverage of mental health ben-
                                                                              efits. In Wit, the U.S. District Court for the Northern District of
                                                                              California ruled that United Behavioral Health (‘‘UBH’’) breached
                                                                              its fiduciary duties under ERISA because the terms of the plans it
                                                                              administered stated that medical necessity determinations were
                                                                              based on guidelines that were consistent with generally accepted
                                                                              standards of care when, in fact, UBH had adopted guidelines that
                                                                              were much narrower.114 When the district court’s ruling was
                                                                              issued, the case earned national attention and was celebrated as a
                                                                              watershed moment by mental health advocates.115 However, UBH
                                                                              appealed and the Ninth Circuit Court of Appeals recently over-
                                                                              turned the district court’s decision.116 In its reversal, the Ninth
                                                                              Circuit held that the lower court had misapplied the standard of
                                                                              review (for abuse of discretion, rather de novo review) by sub-
                                                                              stituting the court’s interpretation of plan terms for UBHs, which
                                                                              the court determined was not unreasonable. If plaintiffs in the Wit
                                                                              case were able to have their claims reviewed by the court under a
                                                                              de novo standard it would mean that UBH‘s interpretation of plan
                                                                              terms would not be given deference and the plaintiffs’ claims would
                                                                              not have to clear such a high bar to prevail.
                                                                                 Notably, courts do not always seem to agree that giving def-
                                                                              erence to a plan administrators’ denial of benefits is just, even
                                                                              under the Supreme Court‘s precedent. For example, one judicial
                                                                                 112 Id. at 7; see also Meeting the Moment: Improving Access to Behavioral and Mental Health
                                                                              Care: Hearing Before the Subcomm. On Health, Labor, and Pensions, 117th Cong. (2021) (state-
                                                                              ment of Dr. Meiram Bendat, Founder, Psych Appeal, Inc.), available at https://edlabor.house.gov/
                                                                              imo/media/doc/BendatMeiramTestimony041521.pdf (providing similar commentary on the effect
                                                                              of discretionary clauses).
                                                                                 113 Metro. Life Ins. Co. v. Glenn, 554 U.S. 105, 128 (2008) (‘‘The significance of the conflict
                                                                              of interest factor will depend on the circumstances of the particular case’’).
                                                                                 114 Wit v. United Behav. Health, No. 14–CV–02346–JCS (N.D. Cal. Mar. 5, 2019), rev‘d, No.
                                                                              20–17363, 9th Cir. Mar. 22, 2022).
                                                                                 115 See Reed Abelson, Mental Health Treatment Denied to Customers by Giant Insurer‘s Poli-
                                                                              cies, Judge Rules, N.Y. Times, Mar. 9, 2019, available at https://www.nytimes.com/2019/03/05/




dlhill on DSK120RN23PROD with HEARING
                                                                              health/unitedhealth-mental-health-parity.html?searchResultPosition=1.
                                                                                 116 Wit v. United Behav. Health, No. 20–17363, (9th Cir. Mar. 22, 2022).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00039   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              40

                                                                              opinion explained that ‘‘[t]he masks of the law in this case conceals
                                                                              the person at risk of dying by a deferential standard of review and
                                                                              the rules of legal interpretation. The result is a determination that
                                                                              [defendant‘s] denial of benefits was legally, but perhaps not mor-
                                                                              ally, reasonable.’’ 117 In another decision, a court explained that be-
                                                                              cause of the requirement that they apply deferential review, ‘‘the
                                                                              die was essentially cast’’ against the participant’s claim and ‘‘the
                                                                              claimant may lose even if a preponderance of the evidence supports
                                                                              a finding of disability, so long as the decision has ‘rational support
                                                                              in the record.’ ’’ 118
                                                                                Without a de novo standard of review, individuals are unfairly
                                                                              disadvantaged when they challenge a benefit denial in court. H.R.
                                                                              7780 would take an important step toward resolving this imbalance
                                                                              of power and improving access to behavioral health benefits for
                                                                              workers and their families by prohibiting single-employer plan dis-
                                                                              cretionary clauses and any plan provisions that would require a
                                                                              standard of review other than de novo.
                                                                              Forced Arbitration Clauses That Purport to Govern ERISA Claims
                                                                                   Are Increasingly Common and Interfere with Workers‘ Ability to
                                                                                   Enforce Their Rights with Respect to Mental Health and Sub-
                                                                                   stance Use Disorder Benefits
                                                                                 By amending ERISA to expressly prohibit arbitration clauses
                                                                              that preclude plan participants and beneficiaries from bringing suit
                                                                              in federal court to challenge mental health benefit denials and fidu-
                                                                              ciary breaches, H.R. 7780 would help workers covered by ERISA
                                                                              plans enforce their rights with respect to mental health benefits
                                                                              and remove barriers that conflict with ERISA‘s stated purpose of
                                                                              ‘‘providing for appropriate remedies, sanctions, and ready access to
                                                                              the Federal courts.’’ 119
                                                                                 In its March 1st Hearing, the HELP Subcommittee heard testi-
                                                                              mony that ‘‘plan sponsors are increasingly including provisions in
                                                                              their employee benefit plans requiring participants to arbitrate’’
                                                                              challenges to benefit denials and fiduciary breach claims against
                                                                              plan administrators and other plan service providers ‘‘instead of
                                                                              bringing suit in federal court as permitted under ERISA.’’ 120 The
                                                                              HELP Subcommittee also heard about the effect forced arbitration
                                                                              clauses on coverage for mental health treatment during its April
                                                                              15, 2021 hearing titled ‘‘Meeting the Moment: Improving Access to
                                                                              Behavioral and Mental Health Care’’ during which Dr. Meiram
                                                                              Bendat testified that such clauses ‘‘. . . . make things secret, so
                                                                              DOL doesn‘t find out about potential allegations and findings. Arbi-
                                                                              trations don‘t always follow the law in a way that courts do, and
                                                                              arbitrations can also potentially limit the types of relief sought, so
                                                                              [they are] a real danger.’’ 121 Forced arbitration clauses take a vari-
                                                                                117 Robertson v. Blue Cross & Blue Shield of Texas, 99 F. Supp. 3d 1249, 1261 (D. Mont.), aff‘d
                                                                              sub nom. Robertson v. Blue Cross, 612 F. App’x 478 (9th Cir. 2015).
                                                                                118 Fessenden v. Reliance Standard Life Ins. Co., No. 3:15CV370–PPS, 2018 WL 461105, at
                                                                              *13 (N.D. Ind. Jan. 17, 2018), vacated and remanded, 927 F.3d 998 (7th Cir. 2019).
                                                                                119 29 U.S.C. 1001(b).
                                                                                120 Improving Retirement Security and Access to Mental Health Benefits: Hearing Before the
                                                                              Subcomm. On Health, Labor, and Pensions, 117th Cong. (2022) at 8 (statement of Karen
                                                                              Handorf, Senior Counsel, Berger Montague P.C.), available at https://edlabor.house.gov/
                                                                              download/handordkarentestimony030122.
                                                                                121 Dr. Meiram Bendat, Meeting the Moment: Improving Access to Behavioral and Mental
                                                                              Health Care: Hearing Before the Subcomm. On Health, Labor, and Pensions, 117th Cong. (2021)




dlhill on DSK120RN23PROD with HEARING
                                                                              available     at     https://edlabor.house.gov/hearings/meeting-the-moment-improving-access-to-
                                                                              behavioral-and-mental-health-care.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00040   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              41

                                                                              ety of forms and may either be embedded in plan documents or
                                                                              participants’ employment agreements. They sometimes also purport
                                                                              to require plan participants to waive their ability to participate in
                                                                              class action or maintain confidentiality regarding any actions they
                                                                              might bring.122 The case law on whether these clauses are enforce-
                                                                              able is mixed and seems to vary based on the specific facts and cir-
                                                                              cumstances of each particular case.123 The express prohibition in
                                                                              H.R. 7780 eliminates such ambiguity.
                                                                                 At the March 1st Hearing, Ms. Handorf testified that forced arbi-
                                                                              tration clauses ‘‘potentially make plan fiduciaries subject to con-
                                                                              flicting arbitration decisions, even when the behavior in question
                                                                              impacts all plan participants equally, violating ERISA’s goal of con-
                                                                              sistent and uniform application of fiduciary standards among plan
                                                                              participants.’’ 124 In addition, ‘‘[t]he cost of pursuing an individual
                                                                              participant‘s claim may outweigh the value of the individual claim.
                                                                              Thus, these restrictions may defeat the ability of participants and
                                                                              beneficiaries who have a small-dollar claim from obtaining redress
                                                                              even if the violation at issue is systemic and many other partici-
                                                                              pants or beneficiaries would have similar claims that could be ad-
                                                                              dressed on a class or representative basis.’’ 125
                                                                                 Taken together, the provisions of H.R. 7780 bring us closer to
                                                                              making the promise of parity a reality for the millions of people
                                                                              with job-based health coverage.126
                                                                                                                        CONCLUSION

                                                                                The Mental Health Matters Act is a comprehensive measure de-
                                                                              signed to ensure that federal policies and programs are meeting the
                                                                              behavioral health needs of students, workers, and families. As the
                                                                              country continues to recognize the importance of mental health,
                                                                              Congress must put policies in place to support our mental health
                                                                              workforce, ensure students get access to mental health services in
                                                                              their schools, and protect rights to access mental health and sub-
                                                                              stance abuse services. The Committee reports H.R. 7780 to the
                                                                              House and hopes that the House can take action on it this Con-
                                                                              gress to send the message that mental health truly matters.
                                                                                                           SECTION-BY-SECTION ANALYSIS
                                                                              Section 1. Short title
                                                                                This section states that the title of the bill is the Mental Health
                                                                              Matters Act.

                                                                                 122 Improving Retirement Security and Access to Mental Health Benefits: Hearing Before the

                                                                              Subcomm. On Health, Labor, and Pensions, 117th Cong. (2022) at 8 (statement of Karen
                                                                              Handorf, Senior Counsel, Berger Montague P.C.), available at https://edlabor.house.gov/
                                                                              download/handordkarentestimony030122.
                                                                                 123 See Pamela Reynolds, Are ERISA Breach of Fiduciary Duty Claims Arbitrable? (June 2,

                                                                              2021),     available   at   https://www.littler.com/publication-press/publication/are-erisa-breach-
                                                                              fiduciary-duty-claims-arbitrable, (providing a robust discussion of relevant case law).
                                                                                 124 Handorf, supra note 52, citing 29 U.S.C 1002(b).
                                                                                 125 Id.
                                                                                 126 Several of the amendments to ERISA made by H.R. 7780 would also help participants and

                                                                              beneficiaries in employee pension benefit plans to enforce their rights under the law. Forced ar-
                                                                              bitration clauses, for example, have been a barrier to bringing lawsuits alleging breach of fidu-




dlhill on DSK120RN23PROD with HEARING
                                                                              ciary duties related to the administration of defined contribution retirement plans. See e.g.,
                                                                              Dorman v. Charles Schwab Corp., 780 F. App’x 510 (9th Cir. 2019).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00041   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              42

                                                                              Sec. 2. Table of Contents
                                                                                                TITLE I—EARLY CHILDHOOD MENTAL HEALTH ACT

                                                                              Section 101. Short title
                                                                                This section states that the title may be cited as the Early Child-
                                                                              hood Mental Health Support Act.
                                                                              Section 102. Identification of effective interventions in Head Start
                                                                                   Programs
                                                                                 This section requires the U.S. Secretary of Health and Human
                                                                              Services (HHS), acting through the Assistant Secretary for the Ad-
                                                                              ministration for Children and Families (ACF), to identify and re-
                                                                              view interventions, best practices, curricula, and staff trainings
                                                                              that are evidence-based and improve the behavioral health of chil-
                                                                              dren. This section requires that the Secretary focus on interven-
                                                                              tions that can be delivered by a provider or other staff, are dem-
                                                                              onstrated to improve social-emotional development, demonstrate ef-
                                                                              fectiveness across racial, ethnic, and geographic populations, and
                                                                              offer a tiered approach to addressing need. This section also re-
                                                                              quires the Secretary to identify interventions that support staff
                                                                              wellness and the appropriate credentials for individuals who de-
                                                                              liver such interventions.
                                                                              Sec. 103. Implementing the interventions in Head Start Programs
                                                                                 This section authorizes the Assistant Secretary for ACF to award
                                                                              grants to Head Start agencies to implement the interventions iden-
                                                                              tified in section 102 and ensure grants are awarded to grantees
                                                                              representing a diversity of geographic areas.
                                                                              Sec. 104. Evaluating implementation of interventions in Head Start
                                                                                   Programs
                                                                                This section requires the Office of the Assistant Secretary for
                                                                              Planning and Evaluation, in coordination with the Assistant Sec-
                                                                              retary for ACF, in HHS to determine if the interventions under
                                                                              section 103 are effectively implemented and yield long-term sav-
                                                                              ings, develop a method for making such determination, and ensure
                                                                              such method includes competency and testing approaches, perform-
                                                                              ance or outcome measures, or other methods, and solicits public
                                                                              input. The Assistant Secretary is required to develop a method for
                                                                              such determination not later than 2 years after enactment and up-
                                                                              date such method and determination at least every 5 years.
                                                                              Sec. 105. Implementing the evaluation framework for Head Start
                                                                                   Program
                                                                                 The section requires the Assistant Secretary for ACF to imple-
                                                                              ment the evaluation developed in section 104(a) to determine the
                                                                              effectiveness of the interventions, best practices, curricula, and
                                                                              staff trainings under section 102. This section also directs the As-
                                                                              sistant Secretary for the ACF to provide technical assistance for
                                                                              grantees implementing and evaluating interventions under section
                                                                              102.




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00042   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              43

                                                                              Sec. 106. Best Practices Centers
                                                                                This section authorizes the Assistant Secretary for ACF to fund
                                                                              up to five Best Practice Centers in Early Childhood Training to
                                                                              prepare Head Start agencies and staff to deliver the interventions
                                                                              identified in section 102.
                                                                              Sec. 107. Funding
                                                                                This section authorizes $100 million over ten years between FY
                                                                              2023 through FY 2032 to carry out sections 103(b), 104, and 106.
                                                                                   TITLE II—BUILDING PIPELINE OF SCHOOL-BASED MENTAL HEALTH
                                                                                                        SERVICE PROVIDERS

                                                                              Sec. 201. Short title
                                                                                This section states that the title may be cited as the Building
                                                                              Pipeline of School-Based Mental Health Service Providers Act.
                                                                              Sec. 202. Definitions
                                                                                 This section specifies definitions for ‘‘Best Practices,’’ ‘‘Eligible In-
                                                                              stitution,’’ ‘‘Eligible Partnership,’’ ‘‘High-Need Local Educational
                                                                              Agency,’’ ‘‘Historically Black College or University,’’ ‘‘Homeless
                                                                              Children and Youths,’’ ‘‘Indian Tribe; Tribal Organization,’’ ‘‘Insti-
                                                                              tution of Higher Education,’’ ‘‘Local Educational Agency,’’ ‘‘Minor-
                                                                              ity-Serving Institution,’’ ‘‘Outlying Area,’’ ‘‘Participating Eligible In-
                                                                              stitution,’’ ‘‘Participating Graduate,’’ ‘‘Participating High-Need
                                                                              Local Educational Agency,’’ ‘‘School-Based Mental Health Field,’’
                                                                              ‘‘School-Based Mental Health Services Provider,’’ ‘‘Secretary,’’
                                                                              ‘‘State Educational Agency,’’ ‘‘Student Support Personnel Target
                                                                              Ratios,’’ ‘‘Tribally Controlled College or University,’’ and ‘‘Unaccom-
                                                                              panied Youth.’’
                                                                              Sec. 203. Grant program to increase the number of school-based
                                                                                   mental health services provides serving in high-need local edu-
                                                                                   cational agencies
                                                                                This section authorizes the Secretary of Education to award
                                                                              grants to eligible partnerships to enable the eligible partnership to
                                                                              carry out pipeline programs to increase the number of school-based
                                                                              mental health services providers employed by high-need local edu-
                                                                              cational agencies. This section also requires several reservations
                                                                              from the total of amounts appropriated: half of one percent to the
                                                                              Secretary of the Interior; half of one percent for allotments to out-
                                                                              lying areas; not more than three percent to conduct evaluations
                                                                              under subsection (h); and not more than two percent for adminis-
                                                                              tration and technical assistance.
                                                                                This section outlines the application process. Eligible partner-
                                                                              ships must submit an application to the Secretary of Education in-
                                                                              cluding an assessment of existing ratios of school-based mental
                                                                              health services providers to students, and a detailed descriptions of
                                                                              a plan to carry out a pipeline program and the proposed allocation
                                                                              and use of grant funds. Further this section outlines how grant
                                                                              funds awarded may be used.
                                                                                The section requires the Secretary of Education to award grants
                                                                              to ensure grants are distributed to eligible entities that will serve
                                                                              geographically diverse areas and give priority to eligible partner-




dlhill on DSK120RN23PROD with HEARING
                                                                              ships that: have the highest numbers or percentages of low-income




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00043   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              44

                                                                              students; include one or more high-need local educational agencies
                                                                              that have fewer school-based mental health services providers than
                                                                              other eligible partnerships; include one or more eligible institutions
                                                                              of high education; propose to collaborate with another institution of
                                                                              high education; and propose to use grant funds to increase the di-
                                                                              versity of school-based mental health services providers.
                                                                                This section states that funds under this section shall be used to
                                                                              supplement, not supplant, other Federal, State, or local funds
                                                                              available.
                                                                                This section further requires that each eligible partnership re-
                                                                              ceiving a grant prepare and submit an annual report to the Sec-
                                                                              retary of Education. The annual report must include: actual service
                                                                              delivery provided through the grant funds; outcomes that are con-
                                                                              sistent with the purpose of the grant program; the instruction, ma-
                                                                              terials, and activities being funded; and the effectiveness of any
                                                                              training and ongoing professional development provided. The Sec-
                                                                              retary of Education will make public the annual reports on the
                                                                              website of the Department of Education.
                                                                                This section requires the Secretary of Education to conduct in-
                                                                              terim evaluations to ensure eligible partnerships are making ade-
                                                                              quate progress and a final evaluation to determine the effective-
                                                                              ness of the grant program. Further, the Secretary of Education will
                                                                              submit a report to Congress not earlier than five years nor later
                                                                              than six years after enactment pertaining the findings of the final
                                                                              evaluation.
                                                                                This section also authorizes $200 million for FY 2023 and each
                                                                              succeeding fiscal year.
                                                                                          TITLE III—THE ELEMENTARY AND SECONDARY SCHOOL
                                                                                                           COUNSELING ACT

                                                                              Sec. 301. Short title
                                                                                This section states that the title may be cited as the Elementary
                                                                              and Secondary School Counseling Act.
                                                                              Sec. 302. Definitions
                                                                                This section specifies definitions for ‘‘ESEA Definitions,’’ ‘‘High-
                                                                              Need School,’’ ‘‘Outlying Area,’’ ‘‘School-Based Mental Health Serv-
                                                                              ices Provider,’’ ‘‘Secretary,’’ and ‘‘State.’’
                                                                              Sec. 303. Allotments to States and subgrants to local educational
                                                                                   agencies
                                                                                 This section authorizes the Secretary of Education to make allot-
                                                                              ments to States. States will award subgrants to local educational
                                                                              agencies in order to increase access to school-based mental health
                                                                              services providers at high-need schools.
                                                                                 This section requires several reservations from the total of
                                                                              amounts appropriated: half of one percent for the Secretary of the
                                                                              Interior; half of one percent for allotments for the outlying areas;
                                                                              and not more than two percent for administration and technical as-
                                                                              sistance.
                                                                                 This section requires the Secretary to make allotments to each
                                                                              State based on the formula under part A of title I of the Elemen-
                                                                              tary and Secondary Education Act of 1965. Additionally, this sec-




dlhill on DSK120RN23PROD with HEARING
                                                                              tion outlines the minimum state allotment for small states and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00044   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              45

                                                                              matching requirements. This section further outlines the applica-
                                                                              tion process for States. States are eligible to receive an allotment
                                                                              for a period of 5-years and may be renewed for an additional 5-year
                                                                              period.
                                                                                 This section outlines the process for States to make subgrants to
                                                                              local educational agencies to recruit and retain school-based mental
                                                                              health services providers and work toward effectively staffing high-
                                                                              need schools with school-based mental health services providers.
                                                                              States are required to give priority to local educational agencies
                                                                              that serve a significant number of high-need schools. Local edu-
                                                                              cational agencies must submit an application to the State regard-
                                                                              ing how the agency will prioritize assisting high-need schools with
                                                                              the largest numbers or percentages of students from low-income
                                                                              families. This section states that funds under this section shall be
                                                                              used to supplement, not supplant, other funds available to a state
                                                                              or local educational agency for school-based mental health services.
                                                                              Funds can be combined with State or local funds to carry out ac-
                                                                              tivities under this section.
                                                                                 This section requires that local educational agencies receiving a
                                                                              subgrant under this section submit an annual report to the State
                                                                              describing the activities carried out, enumerate the number of
                                                                              school-based mental health services providers, and include the
                                                                              most recent student to provider ratios. The Secretary of Education
                                                                              will make public the annual reports on the website of the Depart-
                                                                              ment of Education.
                                                                              Sec. 304. Authorization of Appropriations
                                                                                This section authorizes $5 billion for FY 2023 and such sums as
                                                                              necessary for each succeeding fiscal year.
                                                                                         TITLE IV—SUPPORTING TRAUMA-INFORMED EDUCATION
                                                                                                          PRACTICES ACT

                                                                              Sec. 401. Short title
                                                                                This section states that the title may be cited as the Supporting
                                                                              Trauma-Informed Education Practices Act.
                                                                              Sec. 402. Amendment to the SUPPORT for Patients and Commu-
                                                                                   nities Act
                                                                                 This section amends section 7134 of the SUPPORT for Patients
                                                                              and Communities Act.
                                                                                 This section authorizes the Secretary of Education, in coordina-
                                                                              tion with the Secretary of HHS, to award grants to an eligible enti-
                                                                              ty to increase school personnel access to evidence-based trauma
                                                                              support services and mental health services. This section also re-
                                                                              quires several reservations from the total of amounts appropriated:
                                                                              not more than three percent to conduct the evaluation under this
                                                                              section; and not more than two percent to technical assistance and
                                                                              administration. Eligible entities who receive funds under this sec-
                                                                              tion may not exceed a 5-year period.
                                                                                 This section outlines a list of initiatives, activities, and programs
                                                                              for which an eligible entity may use the funds under this section.
                                                                              Eligible entities must submit an application to the Secretary of
                                                                              Education in order to receive a grant, contract, or cooperative




dlhill on DSK120RN23PROD with HEARING
                                                                              agreement under this section. In carrying out an evidence-based




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00045   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              46

                                                                              initiative described under the use of funds section, an eligible enti-
                                                                              ty will establish an interagency agreement between local edu-
                                                                              cational agencies, agencies responsible for early childhood edu-
                                                                              cation programs, Head Start agencies (including Early Head Start
                                                                              agencies), juvenile justice authorities, mental health agencies, child
                                                                              welfare agencies, and other relevant agencies, authorities, or enti-
                                                                              ties in the community that will be involved in the provision of serv-
                                                                              ices under such initiative, activity, or program.
                                                                                 This section requires that the Secretary of Education conduct a
                                                                              rigorous evaluation of the initiatives and activities carried out by
                                                                              an eligible entity under this section and disseminate evidence-
                                                                              based practices regarding trauma-informed support services and
                                                                              mental health services.
                                                                                 The section requires the Secretary of Education to ensure grants,
                                                                              contracts, and cooperative agreements under this section are dis-
                                                                              tributed equitably to eligible entities that will serve geographically
                                                                              diverse areas. This section states that funds under this section
                                                                              shall be used to supplement, not supplant, other Federal, State, or
                                                                              local funds available to carry out the initiatives and activities de-
                                                                              scribed in this section. Further this section requires the Secretary
                                                                              of Education to consult with Indian Tribes, Regional Corporations,
                                                                              Native Hawaiian Educational Organizations, and their representa-
                                                                              tives to ensure notice of eligibility.
                                                                                 This section specifies definitions for ‘‘Early Childhood Education
                                                                              Program,’’ ‘‘Eligible Entity,’’ ‘‘ESEA Terms,’’ ‘‘Regional Corpora-
                                                                              tion,’’ and ‘‘School.’’
                                                                                 This section authorizes $50 million between FY 2023 through FY
                                                                              2027 to carry out this section.
                                                                                    TITLE V—RESPOND, INNOVATE, SUCCEED, AND EMPOWER (RISE)

                                                                              Sec. 501. Short title
                                                                                This section states that the title may be cited as the Respond,
                                                                              Innovate, Succeed, and Empower Act or the RISE Act.
                                                                              Sec. 502. Perfecting amendment to the definition of disability
                                                                                 This section amends Section 103(6) of the Higher Education Act
                                                                              of 1965 by striking ‘‘section 3(2)’’ and inserting ‘‘section 3.’’
                                                                              Sec. 503. Supporting students with disabilities to succeed once en-
                                                                                  rolled in college
                                                                                This section amends section 487(a) of the Higher Education Act
                                                                              of 1965 to add that institutions will adopt policies providing that
                                                                              individualized education plans (IEPs) and similar documentation
                                                                              developed during primary and secondary education will be consid-
                                                                              ered sufficient to establish that the student has a disability for
                                                                              which they may need an accommodation. Additionally, institutions
                                                                              are required to develop, disseminate and publish policies that are
                                                                              transparent and explicit regarding the process through which a
                                                                              student with a disability can obtain reasonable accommodations.




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00046   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              47

                                                                              Sec. 504. Authorization of the funds for the national center for the
                                                                                   information and technical support for postsecondary students
                                                                                   with disabilities
                                                                                This section amends section 777(a) of the Higher Education Act
                                                                              of 1965 by striking the previous amounts appropriated and adding
                                                                              new paragraph (5) indicating appropriations. This section author-
                                                                              izes $2 million for each fiscal year between FY 2023 and FY 2027
                                                                              to carry out this subsection.
                                                                              Sec. 505. Inclusion of information on students with disabilities
                                                                                This section amends Section 487(a) of the Higher Education Act
                                                                              of 1965, as amended by section 503, to add a new paragraph (31)
                                                                              at the end. This section outlines that institutions will submit key
                                                                              data related to undergraduate students who are formally registered
                                                                              as students with disabilities with the institution‘s office of dis-
                                                                              ability services. Institutions will not submit such information if the
                                                                              information would reveal personally identifiable information.
                                                                              Sec. 506. Rule of construction
                                                                                 This section states that none of the amendments made by this
                                                                              title shall not be construed to affect the meaning of the terms ‘‘rea-
                                                                              sonable accommodation’’ or ‘‘record of impairment’’ under the Amer-
                                                                              icans with Disabilities Act of 1990.
                                                                                      TITLE VI—STRENGTHENING BEHAVIORAL HEALTH BENEFITS

                                                                              Sec. 601. Short title
                                                                                This section states that the title may be cited as the Strength-
                                                                              ening Behavioral Health Benefits Act.
                                                                              Sec. 602. Enforcement of mental health and substance use disorder
                                                                                   requirements
                                                                                 This section amends section 502(a) of the Employee Retirement
                                                                              Income Security Act of 1974 to add a new paragraph (12). This sec-
                                                                              tion authorizes the Secretary of Labor or a plan participant, bene-
                                                                              ficiary, or fiduciary to bring a civil action regarding mental health
                                                                              and substance use disorder benefits against a plan, health insur-
                                                                              ance issuer, fiduciary, or other individual who participates in or
                                                                              conceals a statutory violation or wrongful denial of benefits relating
                                                                              to mental health and substance use disorder. This section specifies
                                                                              that relief available under paragraph (12) includes recovery of all
                                                                              losses to participants or beneficiaries, reformation of impermissible
                                                                              plan or coverage terms, and re-adjudication of claims and payment
                                                                              of benefits.
                                                                                 This section further amends section 502(a)of the Employee Retire-
                                                                              ment Income Security Act of 1974 to clarify that relief available to
                                                                              the Secretary of Labor or any participant or beneficiary includes re-
                                                                              adjudication and payment of benefits.
                                                                                 This section amends section 502(b)(3) of the Employee Retirement
                                                                              Income Security Act of 1974 to authorize the Secretary of Labor to
                                                                              enforce requirements regarding mental health and substance use
                                                                              disorder benefits against health insurance issuers.
                                                                                 This section amends part 7 of title I of the Employee Retirement
                                                                              Income Security Act of 1974 to make a technical amendment to ac-




dlhill on DSK120RN23PROD with HEARING
                                                                              count for amendments made by this legislation.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00047   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              48

                                                                                This section authorizes $275 million to remain available until FY
                                                                              2032 for audits and investigations, enforcement actions, litigation
                                                                              expenses, issuance of regulations or guidance, and any other De-
                                                                              partmental activities relating to section 712 of the Employee Retire-
                                                                              ment Income Security Act of 1974 or other requirements relating to
                                                                              mental health and substance use disorder benefits.
                                                                                         TITLE VII—EMPLOYEE AND RETIREE ACCESS TO JUSTICE

                                                                              Sec. 701. Short title
                                                                                This section states that the title may be cited as the Employee
                                                                              and Retiree Access to Justice Act of 2022.
                                                                              Sec. 702. Unenforceable arbitration clauses, class action waivers,
                                                                                   representation waivers, and discretionary clauses
                                                                                 This section amends section 502 of the Employee Retirement In-
                                                                              come Security Act of 1974 to provide that pre-dispute or coerced
                                                                              post-dispute arbitration clauses, class action waivers, and represen-
                                                                              tation waivers are unenforceable in any civil action brought by or
                                                                              on behalf of a participant or beneficiary under section 502 or under
                                                                              a common law claim relating to plan benefits.
                                                                                 This section amends section 502 of the Employee Retirement In-
                                                                              come Security Act of 1974 to provide that covered provisions that
                                                                              give discretionary authority in benefit determinations or plan inter-
                                                                              pretation (or otherwise deny de novo review of benefit denial
                                                                              claims) are unenforceable with respect to single-employer plans in
                                                                              any civil action brought by or on behalf of a participant or bene-
                                                                              ficiary under section 502 or under a common law claim relating to
                                                                              plan benefits.
                                                                                 This section specifies definitions for ‘‘covered provision,’’ ‘‘pre-dis-
                                                                              pute arbitration provision,’’ ‘‘post-dispute arbitration provision,’’
                                                                              and ‘‘retaliation.’’
                                                                                 This section authorizes the Secretary of Labor to issue regula-
                                                                              tions related to these provisions.
                                                                              Sec. 703. Prohibition on mandatory arbitration clauses, class action
                                                                                   waivers, representation waivers, and discretionary clauses
                                                                                 This section amends section 402 of the Employee Retirement In-
                                                                              come Security Act of 1974 to prohibit covered persons from includ-
                                                                              ing in plan documents any pre-dispute arbitration provision, post-
                                                                              dispute arbitration provision, class action waiver, representation
                                                                              waiver, or discretionary clause described in section 702.
                                                                                 This section specifies definitions for ‘‘covered person’’ as well as
                                                                              ‘‘covered provision,’’ ‘‘pre-dispute arbitration provision,’’ and ‘‘post-
                                                                              dispute arbitration provision.’’
                                                                              Sec. 704. Effective date
                                                                                This section specifies that the provisions in sections 702 and 703
                                                                              apply as of the date of enactment.
                                                                                This section further specifies that plans will have an additional
                                                                              year following the enactment of this legislation to update plan doc-
                                                                              uments, provided that they otherwise comply with the require-




dlhill on DSK120RN23PROD with HEARING
                                                                              ments of sections 702 and 703 starting on the date of enactment.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00048   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              49

                                                                                                           EXPLANATION OF AMENDMENTS
                                                                                The amendments, including the amendment in the nature of a
                                                                              substitute, are explained in the descriptive portions of this report.
                                                                                           APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
                                                                                Pursuant to section 102(b)(3) of the Congressional Accountability
                                                                              Act of 1995, Pub. L. No. 104–1, H.R. 7780 does not apply to terms
                                                                              and conditions of employment or to access to public services or ac-
                                                                              commodations within the legislative branch.
                                                                                                       UNFUNDED MANDATE STATEMENT
                                                                                Pursuant to Section 423 of the Congressional Budget and Im-
                                                                              poundment Control Act of 1974, Pub. L. No. 93–344 (as amended
                                                                              by Section 101(a)(2) of the Unfunded Mandates Reform Act of 1995,
                                                                              Pub. L. No. 104–4), the Committee traditionally adopts as its own
                                                                              the cost estimate prepared by the Director of the Congressional
                                                                              Budget Office (CBO) pursuant to section 402 of the Congressional
                                                                              Budget and Impoundment Control Act of 1974, which includes an
                                                                              estimate of federal mandates. The Committee reports that because
                                                                              this cost estimate was not timely submitted to the Committee be-
                                                                              fore the filing of this report, the Committee is not in a position to
                                                                              make a statement on federal mandates for H.R. 7780, as amended.
                                                                                                                EARMARK STATEMENT
                                                                                In accordance with clause 9 of rule XXI of the Rules of the House
                                                                              of Representatives, H.R. 7780 does not contain any congressional
                                                                              earmarks, limited tax benefits, or limited tariff benefits as de-
                                                                              scribed in clauses 9(e), 9(f), and 9(g) of rule XXI.
                                                                                                                   ROLL CALL VOTES
                                                                                In compliance with clause 3(b) of rule XIII of the Rules of the
                                                                              House of Representatives, the Committee advises that the following
                                                                              roll call votes occurred during the Committee‘s consideration of
                                                                              H.R. 7780:




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00049   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                                                   50

                                                                                                                                                                                            Date: 05/18/2022


                                                                                           COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE

                                                                                               Roll Call:1                      Bill:H.R.7780                    Amendment Numbcr:2

                                                                                   Disposition: Defeated by a roll call vote of 17-27
                                                                                   Sponsor/Amendment: Allen I MH_RSUB_02


                                                                                                                          Aye    No      v:::::g                                                           Vo,mg


                                                                              Mr. SCOTT (VA) (Chainnan)                          X                     Mrs. FOXX (NC) (Ranking)                            X
                                                                              Mr. GR!JAL VA (AZ)                                           X           Mr. WILSON (SC)                      X
                                                                              Mr. COlJRNTEY (CT)                                 X                     Mr. THOMPSON (PA)                    X
                                                                              ML SABLAN (MP)                                     X                     ML WALBERG (Ml)                      X
                                                                              Ms. WILSON (FL)                                    X                     Mr. GROUIMAN (WI)                    X
                                                                              Ms. BONAMICI (OR)                                  X                     Ms. STEFANIK (NY)                    X
                                                                              Mr. TAKANO (CA)                                    X                     Mr. ALLEN (GA)                       X
                                                                              Ms. ADAMS (NC)                                     X                     Mr. BANKS (IN)                       X
                                                                              Mr. DESAULNIER (CA)                                X                     Mr. COMER (KY)                                      X
                                                                              Mr. NORCROSS (NJ)                                  X                     Mr. FULCHER (ID)                     X
                                                                              Ms.JAYAPAL(WA)                                     X                     Mr. KELLER (PA)                      X
                                                                              Mr. MORELLE (NY)                                             X           Mr. MURPHY (NC)                      X
                                                                              Ms. WILD (PA)                                      X                     Ms. MILLER-MEEKS (IA)                X
                                                                              Mrs. MCBATH (GA)                                   X                     Mr. OWENS (UT)                       X
                                                                              lvlrs. !l.<\ YES (CT)                              X                     Mr.GOOD(VA)                                X
                                                                              Mr. LEVIN (Ml)                                     X                     Mrs. MCCLAIN (Ml)                    X
                                                                              Ms. OMAR (MN)                                      X                     Mrs. HARSHBARGER (TN)                X
                                                                              Ms. STEVENS (Ml)                                   X                     Mrs. M[LLER (lL)                                    X
                                                                              Ms. LEGER FERNANDEZ (NM)                           X                     Mrs. SPARTZ (IN)                     X
                                                                              Mr. JONES (NY)                                               X           Mr. FITZGERALD (W[)                  X
                                                                              Ms. MANNING (NC)                                   X                     Mr. CAWTHORN (NC)                                   X
                                                                              Mr. MRVAN (IN)                                     X                     Mrs, STEEL (CA)                  ~

                                                                              Mr. BOWMAN (NY)                                    X                     Mr. JACOBS (NY)                  X
                                                                              Mrs, SHERFILUS-MCCORMlCK (FL)                      X                     vacancy
                                                                              Mr. POCAN (WI)                                     X                     Vacancy
                                                                              Mr. CASTRO (TX)                                    X                 I
                                                                              Ms. SHFRRJLL (NJ)                                  X                 I
                                                                              Mr. ESPAILLAT (NY)                                 X
                                                                              Mr. KWE!Sl MFUME (MD)                              X

                                                                                               TOTALS:             17                    Nns:27                     Not Voting:?
                                                                                                                                 Total: 53 / Quorum:         / Report:
                                                                                                                                             (29D •24 R)

                                                                                   "Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.

                                                                                   •Although not present for the recorded vole, Member expressed he/she would have voted NO if present at time of vole.




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                                                                                                   Insert offset folio 53 here HR484.001


                                        VerDate Sep 11 2014   05:34 Sep 28, 2022     Jkt 029006       PO 00000      Frm 00050         Fmt 6659         Sfmt 6602    E:\HR\OC\HR484.XXX          HR484
                                                                                                                                                 51

                                                                                                                                                                                                 Date: 05118/2022


                                                                                           COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE

                                                                                               Roll Call:2                      Bill: H.R.7780              Amendment Number:3

                                                                                   Disposition: Defeated by a roll call vote of 17-26

                                                                                   Sponsor/ Amendment: Miller I MILLIL_035


                                                                                              ~fame&Srnrn                Aye     No     v'~i:g                 Name&State                            ~o       v::::,
                                                                              Mr. SCOTT (VA) (Chairman)                          X               Mrs. FOXX (NC) (Ranking)                                     X
                                                                              Mr. GRIJALVA (AZ)                                          X        Mr. WILSON (SC)                            X
                                                                              Mr. COURNTEY (CT)                                  X                Mr. THOMPSON (PA)                          X
                                                                              Mr. SABLAN (MP)                                    X                Mr. WALBERG (MI)                           X
                                                                               Ms. WILSON (FL)                                   X                Mr. GROTHMAN (WI)                          X
                                                                              Ms. BONAMIC! (OR)                                  X                Ms. STEFANIK (NY)                          X
                                                                              Mr. TAKANO (CA)                                    X                Mr. ALLEN (GA)                             X
                                                                              Ms. ADA,'v!S (NC)                                  X                Mr. BANKS (IN)                             X
                                                                               Mr. DESAULN!ER (CA)                               X                Mr. COMER (KY)                                               X
                                                                               Mr. NORCROSS (NJ)                                 X                Mr. FULCHER (ID)                           X
                                                                               Ms. JAYAPAL (WA)                                  X                Mr. KELLER(PA)                             X
                                                                               Mr. MORELLE (NY)                                          X        Mr. MURPHY (NC)                            X
                                                                               Ms. WILD (PA)                                     X                Ms. MILLER-MEEKS (IA)                                       X
                                                                              Mrs. MCBATH (GA)                                   X                Mr. OWENS (UT)                             X
                                                                              Mrs. HA YES (CT)                                   X                Mr. GOOD (VA)                              X
                                                                              Mr. LEVIN (Ml)                                     X                Mrs. MCCLAIN (Ml)                          X
                                                                               Ms. OMAR (MN)                                     X                Mrs. HARSHBARGER (1N)                      X
                                                                               Ms. STEVENS (MI)                                  X                Mrs. MILLER (IL)                           X
                                                                               Ms. LEGER FERNANDEZ (NM)                          X                Mrs. SPARTZ (IN)                           X
                                                                               Mr. JONES (NY)                                             X       Mr. FITZGERALD (WI)                        X
                                                                               Ms. MANNING (NC)                                  X                Mr. CAWTHORN (NC)                                            X
                                                                               Mr.MRVAN (IN)                                     X                Mrs. STEEL (CA)                       )(

                                                                               Mr. BOWMAN (NY)                                   X                Mr. JACOBS (NY)                                         X
                                                                               Mrs. SHERFILUS-MCCORMICK (FL)                     X                Vacancy
                                                                              Mr. POCA,N (WI)                                    X                Vacancy
                                                                              Mr. CASTRO (TX)                                    X
                                                                               Ms. SHERRILL (NJ)                                 X
                                                                               Mr. ESPAJLLAT (NY)                                X
                                                                               Mr. KWEISI J'v!FUME (MD)                          X

                                                                                               TOTALS: Ayes: 17                         Nos:26                  Not Voting: 8
                                                                                                                                 Total: 531 ~)uorum:     I Report:
                                                                                                                                            (29D -24R)

                                                                                   'Although not present for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote.

                                                                                   •Although not present/or the recorded vote. Member expressed he/she would have voted NO if present attime of vote.




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                                                                                                       Insert offset folio 54 here HR484.002


                                        VerDate Sep 11 2014   05:34 Sep 28, 2022     Jkt 029006      PO 00000      Frm 00051         Fmt 6659     Sfmt 6602     E:\HR\OC\HR484.XXX                HR484
                                                                                                                                                 52

                                                                                                                                                                                                Date: 05/18/2022


                                                                                           COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE

                                                                                               Roll Call:3                      Bill:H,R.7780                    Amendment Number:4

                                                                                   Disposition: Defeated by a roll call vote of 17-27

                                                                                   Sponsor/Amendment: Allen I H7780_R_AMO_02


                                                                                                                          Ay~    No      v~~;,                                                      "'       v;,,;,,
                                                                              Mr, SCOTT (VA) (Chairman)                          X                .'vlrs. FOXX (NC) (Ranking)                                X
                                                                              Mr. GRIJALVA(AZ)                                            X          Mr. WILSON (SC)                        X
                                                                              Mr. COURNTEY (CT)                                  X               l Mr. THOMPSON (PA)                        X
                                                                              Mr. SABLAN (MP)                                    X                   Mr, WALBERG (Ml)                       X
                                                                              Ms, WILSON (FL)                                    X                   Mr. GROTHMAN (WI)                      X
                                                                              Ms. BONAM!Cl (OR)                                  X                   Ms, STEFANTI< (NY)                     X
                                                                              Mr. TAKANO (CA)                                    X                   Mr. ALLEN (GA)                         X
                                                                              Ms, ADAMS (NC)                                     X                   Mr. BANKS (IN)                         X
                                                                              Mr. DESAULNIER (CA)                                X                   Mr. COMER (KY)                                          X
                                                                              Mr. NORCROSS (NJ)                                  X                   Mr. FULCHER (ID)                       X
                                                                              Ms.JAYAPAL(WA)                                     X                   Mr. KELLER(PA)                         X
                                                                               Mr. MORELLE (NY)                                           X          Mr. MURPHY (NC)                        X
                                                                              Ms, WILD (PA)                                      X                   Ms. MILLER-MEEKS ([A)                  X
                                                                              Mrs, MCBATH (GA)                                   X                   Mr, OWENS (UT)                         X
                                                                              Mrs. HAYES (CT)                                    X               I Mr. GOOD (VA)                                    X
                                                                              Mr.LEV!N(Ml)                                       X                   Mrs, MCCLAIN (Ml)                      X
                                                                              Ms. OMAR (MN)                                      X                   Mrs. HARSHBARGER (TN)                  X
                                                                              Ms. STEVENS (Ml)                                   X                   Mrs, M!LLER (IL)                       X
                                                                              Ms. LEGER FERNANDEZ (NM)                           X                   Mrs. SPARTZ (IN)                       X
                                                                              Mr. JONES (NY)                                              X          Mr. FITZGERALD (WI)                    X
                                                                              Ms. MANNING (NC)                                    X                  Mr. CAWTHORN (NC)                                        X
                                                                              Mr, MRVAN (IN)                                      X                  Mrs, STEEL (CA)                    k
                                                                              Mr. BOWMAN (NY)                                     X                  Mr. JACOBS (NY)                                     X
                                                                              !vlrs. SHERF!LUS-MCCORMlCK (FL)                     X                  1''acam.y
                                                                              Mr. POCAN (WI)                                      X                  Vacancy
                                                                              Mr. CASTRO (TX)                                     X
                                                                              Ms. SHERRILL (NJ)                                   X
                                                                              Mr. ESPAILLAT (NY)                                  X              i
                                                                              Mr, KWE!Sl MFUME (MD)                               X

                                                                                               TOTALS: Ayes: 17                          Nos:27                     Not Voting: 7
                                                                                                                                  Total: 53 I Quorum:       / Report:
                                                                                                                                            (29D-24R)

                                                                                   'Although not prosont for the recorded vote, Member expressed he/she would have voted AYE if present at time of vote,

                                                                                   "'Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote,




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                                                                                                       Insert offset folio 55 here HR484.003


                                        VerDate Sep 11 2014   05:34 Sep 28, 2022     Jkt 029006      PO 00000       Frm 00052         Fmt 6659       Sfmt 6602      E:\HR\OC\HR484.XXX           HR484
                                                                                                                                                 53

                                                                                                                                                                                                Date: 0511812022


                                                                                           COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE

                                                                                               Roll Call:4                      Bill: H.R.7780              Amendment Number: 5

                                                                                   Disposition: Defeated by a roll call vote of 18-26

                                                                                   Sponsor/Amendment: Harshbarger/ H7780_R_AMD_01


                                                                                                                         Aye     Nu      v'!;,                 Nai-ne&State                        No      ,;;;::.
                                                                              Mr. SCOTT (VA) (Chairman)                          X                Mrs. FOXX (NC) (Ranking)                                 X
                                                                              Mr. GR!JAL VA (AZ)                                          X       Mr. WILSON (SC)                           X
                                                                              Mr. COURNTEY (CT)                                  X                Mr. THOMPSON (PA)                         X
                                                                              Mr. SABLAN (MP)                                    X                Mr. WALBERG (Ml)                          X
                                                                              Ms. WILSON (FL)                                    X                Mr. GROTHMAN (Wl)                         X
                                                                              Ms. BONAM!CI (OR)                                  X                Ms. STEFA}/IK (NY)                        X
                                                                              Mr. TAK.ANO (CA)                                   X                Mr. ALLEN (GA)                            X
                                                                              Ms. ADAMS (NC)                                     X                Mr. BANKS (IN)                            X
                                                                              Mr. DESAULN!ER (CA)                                X                Mr. COMER (KY)                                            X
                                                                              Mr. NORCROSS (NJ)                                  X                Mr. FULCHER (ID)                          X
                                                                              Ms.JAYAPAL(WA)                                     X                Mr. KELLER (PA)                           X
                                                                              Mr. MORELLE (NY)                                            X       Mr. MURPHY (NC)                           X
                                                                              Ms. WILD (PA)                                      X                Ms. MILLER-MEEKS (lA)                     X
                                                                              Mrs. MCBATH (GA)                                   X                Mr. OWENS (UT)                            X
                                                                              Mrs. HA YES (CT)                                   X                Mr.GOOD(VA)                                               X
                                                                              Mr. LEVIN (Ml)                                     X                Mrs. MCCLAIN (Ml)                         X
                                                                              Ms.OMAR(MN)                                        X                Mrs. HARSHBARGER (TN)                     X
                                                                              Ms. STEVENS (Ml)                                   X                Mrs. MlLLER (IL)                          X
                                                                              Ms. LEGER FERNANDEZ (NM)                           X                Mrs. SPARTZ (IN)                          X
                                                                              Mr. JONES (NY)                                              X       Mr. FITZGERALD (WI)                       X
                                                                              Ms. MANNING (NC)                                   X               j Mr. CAWTHORN (NC)                                        X
                                                                              Mr. MRVAN (IN)                                     X                Mrs. STEEL (CA)                      K
                                                                              Mr. BOWMAN (NY)                                    X                Mr. JACOBS (NY}                       X
                                                                              Mrs. SHERflLUS-MCCOFcM!CK (FL)                     X                Vacancy
                                                                              Mr. POCAN (WI)                                     X                Vacancy
                                                                              Mr. CASTRO (TX)                                    X
                                                                              Ms. SHERRILL (NJ)                                  X
                                                                              Mr. ESPAILLAT (NY)                                 X
                                                                              Mr. KWEISI MFUME (MD)                              X

                                                                                               TOTALS: Ayes: 18                          Nos:26                  Not Voting:7
                                                                                                                                  l'otai: 53 I Quorum:   / Report:
                                                                                                                                            (29D 24 R)

                                                                                   'Although not present for the recorded vote, Member expressed he/she would have voted AYE tt present al time of vote.
                                                                                   *Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote.




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                                                                                                     Insert offset folio 56 here HR484.004


                                        VerDate Sep 11 2014   05:34 Sep 28, 2022     Jkt 029006      PO 00000       Frm 00053         Fmt 6659    Sfmt 6602     E:\HR\OC\HR484.XXX               HR484
                                                                                                                                             54

                                                                                                                                                                                        Date: 5/18/2022


                                                                                          COMMITTEE ON EDUCATION AND LABOR RECORD OF COMMITTEE VOTE

                                                                                             Roll Call:5                     Bill: 7780                      Amendment Number: Motion

                                                                                   Disposition: Adopted by a Full Committee voice vote 26-18

                                                                                   Sponsor/Amendment: Courtney motion to report H.R 7780 to the House with an amendment and with the
                                                                                                           recommendation that the amendment be agreed to, and the bill as amended, do pass
                                                                                                                             No
                                                                                                                                     v~i!,                                                    ~o       v;;;;,;,
                                                                              Mr. SCOT!' (VA) (Chairman)              X                          Mrs. FOXX (NC) (Ranking)
                                                                              Mr. GRIJALVA (AZ)                                                  Mr. WILSON (SC)                              X
                                                                              Mr. COURNTEY (CT)                       X                          Mr. THOMPSON (PA)                            X
                                                                              Mr. SABLAN (MP)                         X                          Mr. WALBERG (MI)                             X
                                                                              Ms. WILSON (FL)                         X                          Mr. GROTHMAN (WI)                            X
                                                                              Ms. BONAMICl (OR)                       X                          Ms. STEFANIK (NY)                            X
                                                                              Mr. TAKANO (CA)                         X                      IMr. ALLEN (GA)                                  X
                                                                              Ms. ADAMS (NC)                          X                          Mr. BANKS (lN)                               X
                                                                              Mr. DESAULNJER(CA)                      X                          Mr. COMJ::R (KY)
                                                                              Mr. NORCROSS (NJ)                       X                          Mr. FULCHER (ID)                             X
                                                                              Ms. JAYAPAL (WA)                        X                          Mr. KELLER (PA)                              X
                                                                              Mr. MORELLE (NY)                                                   Ms. MJLLER-MEEKS (IA)                        X
                                                                              Ms. WILD (PA)                           X                          Mr. OWENS (UT)                               X
                                                                              Mrs. MCBATH (GA)                        X                          Mr. GOOD (VA)                                X
                                                                              Mrs. HA YES (CT)                        X                          Mrs. MCCLAIN (Ml)                            X
                                                                              Mr. LEV!N (MI)                          X                          Mrs. HARSHBARGER (TN)                        X
                                                                              Ms. OMAR (MN)                           X                          Mrs. MILLER (IL)                             X
                                                                              Ms. STEVENS (Ml)                        X                          Mrs. SPARTZ ([N)                             X
                                                                              Ms. LEGER FERNANDEZ (NM)                X                          Mr. FITZGERALD (WI)
                                                                              Mr. JONES (NY)                                                     Mr. CAWTHORN (NC)
                                                                              Ms. MANNING (NC)                        X                          Mrs. STEEL (CA)                              X
                                                                              Mr. MRVAN (IN)                          X                          Mr. JACOBS (NY)                              X
                                                                              Mr. BOWMAN (NY)                         X                          Vacancy
                                                                              Mrs. CHERF!LUS-MCCORM!CK (FL)           X                          J>'acancy

                                                                              Mr. POCAN (Wl)                          X
                                                                              Mr. CASTRO (TX)                         X                      i
                                                                              Ms. SHERRILL (NJ)                       X
                                                                              Mr. ESPAILLAT (NY)                      X
                                                                              Mr. KWE!Sf MFUME (MD)                   X

                                                                                            TOTALS: Ayes: 26                        Nos: 18                     Not Voting:
                                                                                                                             Total: 531 Quorum:          I Report:
                                                                                                                                        (29D-24 R)

                                                                               'Although not present for the recorded vote, Member expressed he/she would have voted AYE ii present at time of vote.

                                                                               *Although not present for the recorded vote, Member expressed he/she would have voted NO if present at time of vote.




dlhill on DSK120RN23PROD with HEARING
                                                                                                                                                                                                                  Insert offset folio 57 here HR484.005


                                        VerDate Sep 11 2014   05:34 Sep 28, 2022     Jkt 029006   PO 00000      Frm 00054      Fmt 6659          Sfmt 6602      E:\HR\OC\HR484.XXX       HR484
                                                                                                                              55

                                                                                         STATEMENT OF PERFORMANCE GOALS AND OBJECTIVES
                                                                                Pursuant to clause (3)(c) of rule XIII of the Rules of the House
                                                                              of Representatives, the goals of H.R. 7780 are to improve access to
                                                                              behavioral health services for children, students, and workers.
                                                                                                     DUPLICATION OF FEDERAL PROGRAMS
                                                                                 Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
                                                                              of Representatives, the Committee states that no provision of H.R.
                                                                              7780 is known to be duplicative of another federal program, includ-
                                                                              ing any program that was included in a report to Congress pursu-
                                                                              ant to section 21 of Pub. L. No. 111–139 or the most recent Catalog
                                                                              of Federal Domestic Assistance.
                                                                                                                         HEARINGS
                                                                                 Pursuant to clause 3(c)(6) of rule XIII of the Rules of the House
                                                                              of Representatives—
                                                                                     (1) the following hearing was used to develop H.R. 7780: the
                                                                                   HELP Subcommittee hearing titled ‘‘Meeting the Moment: Im-
                                                                                   proving Access to Behavioral and Mental Health Care’’ held on
                                                                                   April 15, 2021. The hearing examined barriers to access to be-
                                                                                   havioral health care, particularly limited coverage of mental
                                                                                   health and substance use disorder treatment and the impor-
                                                                                   tance of improving enforcement of mental health parity laws.
                                                                                   The Subcommittee heard testimony from Dr. Brian Smedley,
                                                                                   Chief of Psychology in the Public Interest, American Psycho-
                                                                                   logical Association, Washington, DC; Dr. Christine Yu Moutier,
                                                                                   Chief Medical Officer, American Foundation for Suicide Pre-
                                                                                   vention, New York, NY; Mr. James Gelfand, Senior Vice Presi-
                                                                                   dent, Health Policy, The ERISA Industry Committee, Wash-
                                                                                   ington, DC; and Dr. Meiram Bendat, Founder, Psych-Appeal,
                                                                                   Santa Barbara, CA.
                                                                                     (2) Other related hearings held are listed in the Committee
                                                                                   History section of this report.
                                                                                   STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF
                                                                                                       THE COMMITTEE

                                                                                In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
                                                                              of rule X of the Rules of the House of Representatives, the
                                                                              Committee‘s oversight findings and recommendations are reflected
                                                                              in the descriptive portions of this report.
                                                                                           NEW BUDGET AUTHORITY AND CBO COST ESTIMATE
                                                                                Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
                                                                              of Representatives and section 308(a) of the Congressional Budget
                                                                              and Impoundment Control Act of 1974, and pursuant to clause
                                                                              3(c)(3) of rule XIII of the Rules of the House of Representatives and
                                                                              section 402 of the Congressional Budget and Impoundment Control
                                                                              Act of 1974, the Committee has requested but not received a cost
                                                                              estimate for H.R. 7780 from the Director of the Congressional
                                                                              Budget Office.




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00055   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              56

                                                                                                            COMMITTEE COST ESTIMATE
                                                                                Clause 3(d)(1) of rule XIII of the Rules of the House of Rep-
                                                                              resentatives requires an estimate and a comparison of the costs
                                                                              that would be incurred in carrying out H.R. 7780. However, clause
                                                                              3(d)(2)(B) of that rule provides that this requirement does not
                                                                              apply when the committee has included in its report a timely sub-
                                                                              mitted cost estimate of the bill prepared by the Director of the Con-
                                                                              gressional Budget Office under section 402 of the Congressional
                                                                              Budget and Impoundment Control Act of 1974. The Committee re-
                                                                              ports that because this cost estimate was not timely submitted to
                                                                              the Committee before the filing of this report, the Committee is not
                                                                              in a position to make a cost estimate for H.R. 7780, as amended.
                                                                                    CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                              House of Representatives, changes in existing law made by the bill,
                                                                              H.R. 7780 as reported, are shown as follows:
                                                                                    CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
                                                                                In compliance with clause 3(e) of rule XIII of the Rules of the
                                                                              House of Representatives, changes in existing law made by the bill,
                                                                              as reported, are shown as follows (existing law proposed to be omit-
                                                                              ted is enclosed in black brackets, new matter is printed in italics,
                                                                              and existing law in which no change is proposed is shown in
                                                                              roman):

                                                                                    SUPPORT FOR PATIENTS AND COMMUNITIES ACT
                                                                                         *            *           *               *           *         *           *

                                                                                                TITLE VII—PUBLIC HEALTH
                                                                                                       PROVISIONS
                                                                                         *            *           *               *           *         *           *

                                                                                        Subtitle N—Trauma-Informed Care
                                                                                         *            *           *               *           *         *           *
                                                                              øSEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND
                                                                                          MENTAL HEALTH CARE FOR CHILDREN AND YOUTH IN
                                                                                          EDUCATIONAL SETTINGS.
                                                                                ø(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AU-
                                                                              THORIZED.—The Secretary, in coordination with the Assistant Sec-
                                                                              retary for Mental Health and Substance Use, is authorized to
                                                                              award grants to, or enter into contracts or cooperative agreements
                                                                              with, State educational agencies, local educational agencies, Indian
                                                                              Tribes (as defined in section 4 of the Indian Self-Determination and
                                                                              Education Assistance Act) or their tribal educational agencies, a
                                                                              school operated by the Bureau of Indian Education, a Regional Cor-
                                                                              poration, or a Native Hawaiian educational organization, for the
                                                                              purpose of increasing student access to evidence-based trauma sup-




dlhill on DSK120RN23PROD with HEARING
                                                                              port services and mental health care by developing innovative ini-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00056   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              57

                                                                              tiatives, activities, or programs to link local school systems with
                                                                              local trauma-informed support and mental health systems, includ-
                                                                              ing those under the Indian Health Service.
                                                                                 ø(b) DURATION.—With respect to a grant, contract, or cooperative
                                                                              agreement awarded or entered into under this section, the period
                                                                              during which payments under such grant, contract or agreement
                                                                              are made to the recipient may not exceed 4 years.
                                                                                 ø(c) USE OF FUNDS.—An entity that receives a grant, contract, or
                                                                              cooperative agreement under this section shall use amounts made
                                                                              available through such grant, contract, or cooperative agreement
                                                                              for evidence-based activities, which shall include any of the fol-
                                                                              lowing:
                                                                                      ø(1) Collaborative efforts between school-based service sys-
                                                                                   tems and trauma-informed support and mental health service
                                                                                   systems to provide, develop, or improve prevention, screening,
                                                                                   referral, and treatment and support services to students, such
                                                                                   as providing trauma screenings to identify students in need of
                                                                                   specialized support.
                                                                                      ø(2) To implement schoolwide positive behavioral interven-
                                                                                   tions and supports, or other trauma-informed models of sup-
                                                                                   port.
                                                                                      ø(3) To provide professional development to teachers, teacher
                                                                                   assistants, school leaders, specialized instructional support per-
                                                                                   sonnel, and mental health professionals that—
                                                                                           ø(A) fosters safe and stable learning environments that
                                                                                        prevent and mitigate the effects of trauma, including
                                                                                        through social and emotional learning;
                                                                                           ø(B) improves school capacity to identify, refer, and pro-
                                                                                        vide services to students in need of trauma support or be-
                                                                                        havioral health services; or
                                                                                           ø(C) reflects the best practices for trauma-informed iden-
                                                                                        tification, referral, and support developed by the Task
                                                                                        Force under section 7132.
                                                                                      ø(4) Services at a full-service community school that focuses
                                                                                   on trauma-informed supports, which may include a full-time
                                                                                   site coordinator, or other activities consistent with section 4625
                                                                                   of the Elementary and Secondary Education Act of 1965 (20
                                                                                   U.S.C. 7275).
                                                                                      ø(5) Engaging families and communities in efforts to increase
                                                                                   awareness of child and youth trauma, which may include shar-
                                                                                   ing best practices with law enforcement regarding trauma-in-
                                                                                   formed care and working with mental health professionals to
                                                                                   provide interventions, as well as longer term coordinated care
                                                                                   within the community for children and youth who have experi-
                                                                                   enced trauma and their families.
                                                                                      ø(6) To provide technical assistance to school systems and
                                                                                   mental health agencies.
                                                                                      ø(7) To evaluate the effectiveness of the program carried out
                                                                                   under this section in increasing student access to evidence-
                                                                                   based trauma support services and mental health care.
                                                                                      ø(8) To establish partnerships with or provide subgrants to
                                                                                   Head Start agencies (including Early Head Start agencies),
                                                                                   public and private preschool programs, child care programs (in-
                                                                                   cluding home-based providers), or other entities described in




dlhill on DSK120RN23PROD with HEARING
                                                                                   subsection (a), to include such entities described in this para-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00057   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              58

                                                                                  graph in the evidence-based trauma initiatives, activities, sup-
                                                                                  port services, and mental health systems established under
                                                                                  this section in order to provide, develop, or improve prevention,
                                                                                  screening, referral, and treatment and support services to
                                                                                  young children and their families.
                                                                                ø(d) APPLICATIONS.—To be eligible to receive a grant, contract, or
                                                                              cooperative agreement under this section, an entity described in
                                                                              subsection (a) shall submit an application to the Secretary at such
                                                                              time, in such manner, and containing such information as the Sec-
                                                                              retary may reasonably require, which shall include the following:
                                                                                     ø(1) A description of the innovative initiatives, activities, or
                                                                                  programs to be funded under the grant, contract, or coopera-
                                                                                  tive agreement, including how such program will increase ac-
                                                                                  cess to evidence-based trauma support services and mental
                                                                                  health care for students, and, as applicable, the families of
                                                                                  such students.
                                                                                     ø(2) A description of how the program will provide linguis-
                                                                                  tically appropriate and culturally competent services.
                                                                                     ø(3) A description of how the program will support students
                                                                                  and the school in improving the school climate in order to sup-
                                                                                  port an environment conducive to learning.
                                                                                     ø(4) An assurance that—
                                                                                          ø(A) persons providing services under the grant, con-
                                                                                       tract, or cooperative agreement are adequately trained to
                                                                                       provide such services; and
                                                                                          ø(B) teachers, school leaders, administrators, specialized
                                                                                       instructional support personnel, representatives of local In-
                                                                                       dian Tribes or tribal organizations as appropriate, other
                                                                                       school personnel, and parents or guardians of students
                                                                                       participating in services under this section will be engaged
                                                                                       and involved in the design and implementation of the serv-
                                                                                       ices.
                                                                                     ø(5) A description of how the applicant will support and inte-
                                                                                  grate existing school-based services with the program in order
                                                                                  to provide mental health services for students, as appropriate.
                                                                                     ø(6) A description of the entities in the community with
                                                                                  which the applicant will partner or to which the applicant will
                                                                                  provide subgrants in accordance with subsection (c)(8).
                                                                                ø(e) INTERAGENCY AGREEMENTS.—
                                                                                     ø(1) LOCAL INTERAGENCY AGREEMENTS.—To ensure the provi-
                                                                                  sion of the services described in subsection (c), a recipient of
                                                                                  a grant, contract, or cooperative agreement under this section,
                                                                                  or their designee, shall establish a local interagency agreement
                                                                                  among local educational agencies, agencies responsible for
                                                                                  early childhood education programs, Head Start agencies (in-
                                                                                  cluding Early Head Start agencies), juvenile justice authorities,
                                                                                  mental health agencies, child welfare agencies, and other rel-
                                                                                  evant agencies, authorities, or entities in the community that
                                                                                  will be involved in the provision of such services.
                                                                                     ø(2) CONTENTS.—In ensuring the provision of the services de-
                                                                                  scribed in subsection (c), the local interagency agreement shall
                                                                                  specify with respect to each agency, authority, or entity that is
                                                                                  a party to such agreement—




dlhill on DSK120RN23PROD with HEARING
                                                                                          ø(A) the financial responsibility for the services;




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00058   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              59

                                                                                           ø(B) the conditions and terms of responsibility for the
                                                                                        services, including quality, accountability, and coordination
                                                                                        of the services; and
                                                                                           ø(C) the conditions and terms of reimbursement among
                                                                                        such agencies, authorities, or entities, including procedures
                                                                                        for dispute resolution.
                                                                                 ø(f) EVALUATION.—The Secretary shall reserve not more than 3
                                                                              percent of the funds made available under subsection (l) for each
                                                                              fiscal year to—
                                                                                      ø(1) conduct a rigorous, independent evaluation of the activi-
                                                                                   ties funded under this section; and
                                                                                      ø(2) disseminate and promote the utilization of evidence-
                                                                                   based practices regarding trauma support services and mental
                                                                                   health care.
                                                                                 ø(g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that
                                                                              grants, contracts, and cooperative agreements awarded or entered
                                                                              into under this section are equitably distributed among the geo-
                                                                              graphical regions of the United States and among tribal, urban,
                                                                              suburban, and rural populations.
                                                                                 ø(h) RULE OF CONSTRUCTION.—Nothing in this section shall be
                                                                              construed—
                                                                                      ø(1) to prohibit an entity involved with a program carried
                                                                                   out under this section from reporting a crime that is committed
                                                                                   by a student to appropriate authorities; or
                                                                                      ø(2) to prevent Federal, State, and tribal law enforcement
                                                                                   and judicial authorities from exercising their responsibilities
                                                                                   with regard to the application of Federal, tribal, and State law
                                                                                   to crimes committed by a student.
                                                                                 ø(i) SUPPLEMENT, NOT SUPPLANT.—Any services provided
                                                                              through programs carried out under this section shall supplement,
                                                                              and not supplant, existing mental health services, including any
                                                                              special education and related services provided under the Individ-
                                                                              uals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
                                                                                 ø(j) CONSULTATION WITH INDIAN TRIBES.—In carrying out sub-
                                                                              section (a), the Secretary shall, in a timely manner, meaningfully
                                                                              consult with Indian Tribes and their representatives to ensure no-
                                                                              tice of eligibility.
                                                                                 ø(k) DEFINITIONS.—In this section:
                                                                                      ø(1) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’
                                                                                   has the meaning given such term in section 8101 of the Ele-
                                                                                   mentary and Secondary Education Act of 1965 (20 U.S.C.
                                                                                   7801).
                                                                                      ø(2) EVIDENCE-BASED.—The term ‘‘evidence-based’’ has the
                                                                                   meaning given such term in section 8101(21)(A)(i) of the Ele-
                                                                                   mentary and Secondary Education Act of 1965 (20 U.S.C.
                                                                                   7801(21)(A)(i)).
                                                                                      ø(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZATION.—The
                                                                                   term ‘‘Native Hawaiian educational organization’’ has the
                                                                                   meaning given such term in section 6207 of the Elementary
                                                                                   and Secondary Education Act of 1965 (20 U.S.C. 7517).
                                                                                      ø(4) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local edu-
                                                                                   cational agency’’ has the meaning given such term in section
                                                                                   8101 of the Elementary and Secondary Education Act of 1965




dlhill on DSK120RN23PROD with HEARING
                                                                                   (20 U.S.C. 7801).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00059   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              60

                                                                                      ø(5) REGIONAL CORPORATION.—The term ‘‘Regional Corpora-
                                                                                   tion’’ has the meaning given the term in section 3 of the Alaska
                                                                                   Native Claims Settlement Act (43 U.S.C. 1602)).
                                                                                      ø(6) SCHOOL.—The term ‘‘school’’ means a public elementary
                                                                                   school or public secondary school.
                                                                                      ø(7) SCHOOL LEADER.—The term ‘‘school leader’’ has the
                                                                                   meaning given such term in section 8101 of the Elementary
                                                                                   and Secondary Education Act of 1965 (20 U.S.C. 7801).
                                                                                      ø(8) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
                                                                                   the meaning given such term in section 8101 of the Elemen-
                                                                                   tary and Secondary Education Act of 1965 (20 U.S.C. 7801).
                                                                                      ø(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
                                                                                   of Education.
                                                                                      ø(10) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL.—The
                                                                                   term ‘‘specialized instructional support personnel’’ has the
                                                                                   meaning given such term in section 8101 of the Elementary
                                                                                   and Secondary Education Act of 1965 (20 U.S.C. 7801).
                                                                                      ø(11) STATE EDUCATIONAL AGENCY.—The term ‘‘State edu-
                                                                                   cational agency’’ has the meaning given such term in section
                                                                                   8101 of the Elementary and Secondary Education Act of 1965
                                                                                   (20 U.S.C. 7801).
                                                                                 ø(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to
                                                                              be appropriated to carry out this section, $50,000,000 for each of
                                                                              fiscal years 2019 through 2023.¿
                                                                              SEC. 7134. GRANTS TO IMPROVE TRAUMA SUPPORT SERVICES AND
                                                                                          MENTAL HEALTH CARE FOR CHILDREN AND YOUTH IN
                                                                                          EDUCATIONAL SETTINGS.
                                                                                (a) AUTHORIZATION OF GRANTS.—
                                                                                     (1) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS AU-
                                                                                  THORIZED.—The Secretary, in coordination with the Secretary of
                                                                                   Health and Human Services, is authorized to award grants to,
                                                                                   or enter into contracts or cooperative agreements with, an eligi-
                                                                                   ble entity for the purpose of increasing student, teacher, school
                                                                                   leader, and other school personnel access to evidence-based
                                                                                   trauma support services and mental health services by devel-
                                                                                   oping innovative initiatives, activities, or programs to connect
                                                                                   schools and local educational agencies, or tribal educational
                                                                                   agencies, as applicable, with community trauma-informed sup-
                                                                                   port and mental health systems, including such systems under
                                                                                   the Indian Health Service.
                                                                                     (2) RESERVATIONS.—From the total amount appropriated
                                                                                   under subsection (l) for a fiscal year, the Secretary shall re-
                                                                                   serve—
                                                                                          (A) not more than 3 percent to conduct the evaluation
                                                                                        under subsection (f); and
                                                                                          (B) not more than 2 percent for technical assistance and
                                                                                        administration.
                                                                                (b) DURATION.—With respect to a grant, contract, or cooperative
                                                                              agreement awarded or entered into under this section, the period
                                                                              during which payments under such grant, contract or agreement are
                                                                              made to the recipient may not exceed 5 years.
                                                                                (c) USE OF FUNDS.—An eligible entity that receives or enters into
                                                                              a grant, contract, or cooperative agreement under this section shall




dlhill on DSK120RN23PROD with HEARING
                                                                              use amounts made available through such grant, contract, or coop-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00060   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              61

                                                                              erative agreement for evidence-based initiatives, activities, or pro-
                                                                              grams, which shall include at least 1 of the following:
                                                                                      (1) Enhancing, improving, or developing collaborative efforts
                                                                                   between schools, local educational agencies or tribal edu-
                                                                                   cational agencies, as applicable, and community mental health
                                                                                   and trauma-informed service delivery systems to provide, de-
                                                                                   velop, or improve prevention, referral, treatment, and support
                                                                                   services to students.
                                                                                      (2) Implementing trauma-informed models of support, includ-
                                                                                   ing trauma-informed, positive behavioral interventions and
                                                                                   supports in schools served by the eligible entity.
                                                                                      (3) Providing professional development to teachers, para-
                                                                                   professionals, school leaders, school-based mental health serv-
                                                                                   ices providers, and other specialized instructional support per-
                                                                                   sonnel employed by local educational agencies or tribal edu-
                                                                                   cational agencies, as applicable or schools served by the eligible
                                                                                   entity that—
                                                                                           (A) fosters safe and stable learning environments that
                                                                                        prevent and mitigate the effects of trauma, including
                                                                                        through social and emotional learning;
                                                                                           (B) improves school capacity to identify, refer, and pro-
                                                                                        vide services to students in need of trauma-informed sup-
                                                                                        port or mental health services, including by helping edu-
                                                                                        cators to identify the unique personal and contextual vari-
                                                                                        ables that influence the manifestation of trauma; and
                                                                                           (C) reflects the best practices for trauma-informed identi-
                                                                                        fication, referral, and support developed by the Interagency
                                                                                        Task Force on Trauma-Informed Care (as established by
                                                                                        section 7132).
                                                                                      (4) Providing trauma-informed support services and mental
                                                                                   health services to students at full-service community schools
                                                                                   served by the eligible entity.
                                                                                      (5) Engaging families and communities to increase awareness
                                                                                   of child trauma, which may include sharing best practices with
                                                                                   law enforcement regarding trauma-informed services and work-
                                                                                   ing with mental health professionals to provide interventions
                                                                                   and longer term coordinated care within the community for
                                                                                   children and youth who have experienced trauma and the fami-
                                                                                   lies of such children and youth.
                                                                                      (6) Evaluating the effectiveness of the initiatives, activities, or
                                                                                   programs carried out under this section in increasing student
                                                                                   access to evidence-based trauma support services and mental
                                                                                   health services.
                                                                                      (7) Establishing partnerships with or providing subgrants to
                                                                                   early childhood education programs or other eligible entities, to
                                                                                   include such entities in the evidence-based trauma-informed or
                                                                                   mental health initiatives, activities, and support services estab-
                                                                                   lished under this section in order to provide, develop, or im-
                                                                                   prove prevention, referral, treatment, and support services to
                                                                                   children and their families.
                                                                                      (8) Establishing new, or enhancing existing, evidence-based
                                                                                   educational, awareness, and prevention programs to improve
                                                                                   mental health and resiliency among teachers, paraprofessionals,
                                                                                   school leaders, school-based mental health services providers,




dlhill on DSK120RN23PROD with HEARING
                                                                                   and other specialized instructional support personnel employed




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00061   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              62

                                                                                   by local educational agencies or tribal educational agencies, as
                                                                                   applicable, or schools served by the eligible entity.
                                                                                (d) APPLICATIONS.—To be eligible to receive a grant, contract, or
                                                                              cooperative agreement under this section, an eligible entity shall
                                                                              submit an application to the Secretary at such time, in such man-
                                                                              ner, and containing such information as the Secretary may reason-
                                                                              ably require, which shall include the following:
                                                                                      (1) A description of the innovative initiatives, activities, or
                                                                                   programs to be funded under the grant, contract, or cooperative
                                                                                   agreement, including how such initiatives, activities, or pro-
                                                                                   grams will increase access to evidence-based trauma-informed
                                                                                   support services and mental health services for students, and,
                                                                                   as applicable, the families of such students.
                                                                                      (2) A description of how the initiatives, activities, or programs
                                                                                   will provide linguistically appropriate and culturally competent
                                                                                   services.
                                                                                      (3) A description of how the initiatives, activities, or programs
                                                                                   will support schools served by the eligible entity in improving
                                                                                   school climate in order to support an environment conducive to
                                                                                   learning.
                                                                                      (4) An assurance that—
                                                                                           (A) persons providing services under the initiative, activ-
                                                                                        ity, or program funded by the grant, contract, or coopera-
                                                                                        tive agreement are fully licensed or certified to provide such
                                                                                        services;
                                                                                           (B) teachers, school leaders, administrators, school-based
                                                                                        mental health services providers and other specialized in-
                                                                                        structional support personnel, representatives of local In-
                                                                                        dian Tribes or tribal organizations as appropriate, other
                                                                                        school personnel, individuals who have experience receiving
                                                                                        mental health services as children, and parents of students
                                                                                        participating in services under this section will be engaged
                                                                                        and involved in the design and implementation of the serv-
                                                                                        ices; and
                                                                                           (C) the eligible entity will comply with the evaluation re-
                                                                                        quired under subsection (f).
                                                                                      (5) A description of how the eligible entity will support and
                                                                                   integrate existing school-based services at schools served by the
                                                                                   eligible entity with the initiatives, activities, or programs fund-
                                                                                   ed under this section in order to provide trauma-informed sup-
                                                                                   port services or mental health services for students, as appro-
                                                                                   priate.
                                                                                      (6) A description of how the eligible entity will incorporate
                                                                                   peer support services into the initiatives, activities, or programs
                                                                                   to be funded under this section.
                                                                                      (7) A description of how the eligible entity will ensure that
                                                                                   initiatives, activities, or programs funded under this section are
                                                                                   accessible to and include students with disabilities.
                                                                                      (8) An assurance that the eligible entity will establish a local
                                                                                   interagency agreement under subsection (e) and comply with
                                                                                   such agreement.
                                                                                (e) INTERAGENCY AGREEMENTS.—
                                                                                      (1) LOCAL INTERAGENCY AGREEMENTS.—In carrying out an
                                                                                   evidence-based initiative, activity, or program described in sub-




dlhill on DSK120RN23PROD with HEARING
                                                                                   section (c), an eligible entity that receives a grant, contract, or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00062   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              63

                                                                                    cooperative agreement under this section, or a designee of such
                                                                                    entity, shall establish an interagency agreement between local
                                                                                    educational agencies, agencies responsible for early childhood
                                                                                    education programs, Head Start agencies (including Early
                                                                                    Head Start agencies), juvenile justice authorities, mental health
                                                                                    agencies, child welfare agencies, and other relevant agencies,
                                                                                    authorities, or entities in the community that will be involved
                                                                                    in the provision of services under such initiative, activity, or
                                                                                    program.
                                                                                       (2) CONTENTS.—The local interagency agreement required
                                                                                    under paragraph (1) shall specify, with respect to each agency,
                                                                                    authority, or entity that is a party to such agreement—
                                                                                            (A) the financial responsibility for any services provided
                                                                                         by such entity;
                                                                                            (B) the conditions and terms of responsibility for such
                                                                                         any services, including quality, accountability, and coordi-
                                                                                         nation of the services; and
                                                                                            (C) the conditions and terms of reimbursement of such
                                                                                         agencies, authorities, or entities, including procedures for
                                                                                         dispute resolution.
                                                                                 (f) EVALUATION.—The Secretary shall conduct a rigorous and
                                                                              independent evaluation of the initiatives, activities, and programs
                                                                              carried out by an eligible entity under this section and disseminate
                                                                              evidence-based practices regarding trauma-informed support serv-
                                                                              ices and mental health services.
                                                                                 (g) DISTRIBUTION OF AWARDS.—The Secretary shall ensure that
                                                                              grants, contracts, and cooperative agreements awarded or entered
                                                                              into under this section are equitably distributed among the geo-
                                                                              graphical regions of the United States and among tribal, urban,
                                                                              suburban, and rural populations.
                                                                                 (h) RULE OF CONSTRUCTION.—Nothing in this section shall be
                                                                              construed—
                                                                                       (1) to prohibit an entity involved with an initiative, activity,
                                                                                    or program carried out under this section from reporting a
                                                                                    crime that is committed by a student to appropriate authorities;
                                                                                    or
                                                                                       (2) to prevent Federal, State, local, and tribal law enforce-
                                                                                    ment and judicial authorities from exercising their responsibil-
                                                                                    ities with regard to the application of Federal, State, local, and
                                                                                    tribal law to crimes committed by a student.
                                                                                 (i) SUPPLEMENT, NOT SUPPLANT.—Federal funds provided under
                                                                              this section shall be used to supplement, and not supplant, other
                                                                              Federal, State, or local funds available to carry out the initiatives,
                                                                              activities, and programs described in this section.
                                                                                 (j) CONSULTATION REQUIRED.—In awarding or entering into
                                                                              grants, contracts, and cooperative agreements under this section, the
                                                                              Secretary shall, in a timely manner, meaningfully consult with In-
                                                                              dian Tribes, Regional Corporations, Native Hawaiian Educational
                                                                              Organizations, and their representatives to ensure notice of eligi-
                                                                              bility.
                                                                                 (k) DEFINITIONS.—In this section:
                                                                                       (1) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘‘early
                                                                                    childhood education program’’ has the meaning given such term
                                                                                    in section 103 of the Higher Education Act of 1965 (20 U.S.C.




dlhill on DSK120RN23PROD with HEARING
                                                                                    1003).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00063   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              64

                                                                                      (2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means—
                                                                                            (A) a State educational agency;
                                                                                            (B) a local educational agency;
                                                                                            (C) an Indian Tribe (as defined in section 4 of the Indian
                                                                                        Self-Determination and Education Assistance Act) or their
                                                                                        tribal educational agency;
                                                                                            (D) the Bureau of Indian Education;
                                                                                            (E) a Regional Corporation;
                                                                                            (F) a Native Hawaiian educational organization; and
                                                                                            (G) State, Territory, and Tribal Lead Agencies admin-
                                                                                        istering the Child Care and Development Fund as de-
                                                                                        scribed in section 658D(a) of the Child Care and Develop-
                                                                                        ment Block Grant Act (42 U.S.C. 9858b(a)).
                                                                                      (3) ESEA TERMS.—
                                                                                            (A) The terms ‘‘elementary school’’, ‘‘evidence-based’’,
                                                                                        ‘‘local educational agency’’, ‘‘paraprofessional’’, ‘‘parent’’,
                                                                                        ‘‘professional development’’, ‘‘school leader’’, ‘‘secondary
                                                                                        school’’, ‘‘Secretary’’, ‘‘specialized instructional support per-
                                                                                        sonnel’’, and ‘‘State educational agency’’ have the meanings
                                                                                        given such terms in section 8101 of the Elementary and
                                                                                        Secondary Education Act of 1965 (20 U.S.C. 7801).
                                                                                            (B) The term ‘‘full-service community school’’ has the
                                                                                        meaning given such term in section 4622 of the Elementary
                                                                                        and Secondary Education Act of 1965 (20 U.S.C. 7272).
                                                                                            (C) The term ‘‘Native Hawaiian educational organiza-
                                                                                        tion’’ has the meaning given such term in section 6207 of
                                                                                        the Elementary and Secondary Education Act of 1965 (20
                                                                                        U.S.C. 7517).
                                                                                            (D) The term ‘‘school-based mental health services pro-
                                                                                        vider’’ has the meaning given the term in section 4102 of
                                                                                        the Elementary and Secondary Education Act of 1965 (20
                                                                                        U.S.C. 7112).
                                                                                      (4) REGIONAL CORPORATION.—The term ‘‘Regional Corpora-
                                                                                   tion’’ has the meaning given the term in section 3 of the Alaska
                                                                                   Native Claims Settlement Act (43 U.S.C. 1602)).
                                                                                      (5) SCHOOL.—The term ‘‘school’’ means a public elementary
                                                                                   school or public secondary school.
                                                                                (l) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to
                                                                              be appropriated to carry out this section, $50,000,000 for each of fis-
                                                                              cal years 2023 through 2027.
                                                                                         *            *           *               *           *         *           *

                                                                                                   HIGHER EDUCATION ACT OF 1965
                                                                                         *            *           *               *           *         *           *

                                                                                         TITLE I—GENERAL PROVISIONS
                                                                                                           PART A—DEFINITIONS
                                                                                         *            *           *               *           *         *           *
                                                                              SEC. 103. ADDITIONAL DEFINITIONS.




dlhill on DSK120RN23PROD with HEARING
                                                                                   In this Act:




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00064   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              65

                                                                                        (1) AUTHORIZING COMMITTEES.—The term ‘‘authorizing com-
                                                                                     mittees’’ means the Committee on Health, Education, Labor,
                                                                                     and Pensions of the Senate and the Committee on Education
                                                                                     and Labor of the House of Representatives.
                                                                                        (2) COMBINATION OF INSTITUTIONS OF HIGHER EDUCATION.—
                                                                                     The term ‘‘combination of institutions of higher education’’
                                                                                     means a group of institutions of higher education that have en-
                                                                                     tered into a cooperative arrangement for the purpose of car-
                                                                                     rying out a common objective, or a public or private nonprofit
                                                                                     agency, organization, or institution designated or created by a
                                                                                     group of institutions of higher education for the purpose of car-
                                                                                     rying out a common objective on the group‘s behalf.
                                                                                        (3) CRITICAL FOREIGN LANGUAGE.—Except as otherwise pro-
                                                                                     vided, the term ‘‘critical foreign language’’ means each of the
                                                                                     languages contained in the list of critical languages designated
                                                                                     by the Secretary in the Federal Register on August 2, 1985 (50
                                                                                     Fed. Reg. 31412; promulgated under the authority of section
                                                                                     212(d) of the Education for Economic Security Act (repealed by
                                                                                     section 2303 of the Augustus F. Hawkins-Robert T. Stafford El-
                                                                                     ementary and Secondary School Improvement Amendments of
                                                                                     1988)), as updated by the Secretary from time to time and pub-
                                                                                     lished in the Federal Register, except that in the implementa-
                                                                                     tion of this definition with respect to a specific title, the Sec-
                                                                                     retary may set priorities according to the purposes of such title
                                                                                     and the national security, economic competitiveness, and edu-
                                                                                     cational needs of the United States.
                                                                                        (4) DEPARTMENT.—The term ‘‘Department’’ means the De-
                                                                                     partment of Education.
                                                                                        (5) DIPLOMA MILL.—The term ‘‘diploma mill’’ means an entity
                                                                                     that—
                                                                                             (A)(i) offers, for a fee, degrees, diplomas, or certificates,
                                                                                          that may be used to represent to the general public that
                                                                                          the individual possessing such a degree, diploma, or certifi-
                                                                                          cate has completed a program of postsecondary education
                                                                                          or training; and
                                                                                             (ii) requires such individual to complete little or no edu-
                                                                                          cation or coursework to obtain such degree, diploma, or
                                                                                          certificate; and
                                                                                             (B) lacks accreditation by an accrediting agency or asso-
                                                                                          ciation that is recognized as an accrediting agency or asso-
                                                                                          ciation of institutions of higher education (as such term is
                                                                                          defined in section 102) by—
                                                                                                   (i) the Secretary pursuant to subpart 2 of part H of
                                                                                                title IV; or
                                                                                                   (ii) a Federal agency, State government, or other or-
                                                                                                ganization or association that recognizes accrediting
                                                                                                agencies or associations.
                                                                                        (6) DISABILITY.—The term ‘‘disability’’ has the same meaning
                                                                                     given that term under øsection 3(2)¿ section 3 of the Americans
                                                                                     With Disabilities Act of 1990.
                                                                                        (7) DISTANCE EDUCATION.—
                                                                                             (A) IN GENERAL.—Except as otherwise provided, the
                                                                                          term‘‘distance education’’means education that uses one or




dlhill on DSK120RN23PROD with HEARING
                                                                                          more of the technologies described in subparagraph (B)—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00065   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              66

                                                                                                  (i) to deliver instruction to students who are sepa-
                                                                                               rated from the instructor; and
                                                                                                  (ii) to support regular and substantive interaction
                                                                                               between the students and the instructor, syn-
                                                                                               chronously or asynchronously.
                                                                                             (B) INCLUSIONS.—For the purposes of subparagraph (A),
                                                                                          the technologies used may include—
                                                                                                  (i) the Internet;
                                                                                                  (ii) one-way and two-way transmissions through
                                                                                               open broadcast, closed circuit, cable, microwave,
                                                                                               broadband lines, fiber optics, satellite, or wireless com-
                                                                                               munications devices;
                                                                                                  (iii) audio conferencing; or
                                                                                                  (iv) video cassettes, DVDs, and CD–ROMs, if the
                                                                                               cassettes, DVDs, or CD–ROMs are used in a course in
                                                                                               conjunction with any of the technologies listed in
                                                                                               clauses (i) through (iii).
                                                                                        (8) EARLY CHILDHOOD EDUCATION PROGRAM.—The term
                                                                                     ‘‘early childhood education program’’ means—
                                                                                             (A) a Head Start program or an Early Head Start pro-
                                                                                          gram carried out under the Head Start Act (42 U.S.C.
                                                                                          9831 et seq.), including a migrant or seasonal Head Start
                                                                                          program, an Indian Head Start program, or a Head Start
                                                                                          program or an Early Head Start program that also re-
                                                                                          ceives State funding;
                                                                                             (B) a State licensed or regulated child care program; or
                                                                                             (C) a program that—
                                                                                                  (i) serves children from birth through age six that
                                                                                               addresses the children‘s cognitive (including language,
                                                                                               early literacy, and early mathematics), social, emo-
                                                                                               tional, and physical development; and
                                                                                                  (ii) is—
                                                                                                        (I) a State prekindergarten program;
                                                                                                        (II) a program authorized under section 619 or
                                                                                                     part C of the Individuals with Disabilities Edu-
                                                                                                     cation Act; or
                                                                                                        (III) a program operated by a local educational
                                                                                                     agency.
                                                                                        (9) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ has
                                                                                     the same meaning given that term under section 8101 of the
                                                                                     Elementary and Secondary Education Act of 1965.
                                                                                        (10) GIFTED AND TALENTED.—The term ‘‘gifted and talented’’
                                                                                     has the same meaning given that term under section 8101 of
                                                                                     the Elementary and Secondary Education Act of 1965.
                                                                                        (11) LOCAL EDUCATIONAL AGENCY.—The term ‘‘local edu-
                                                                                     cational agency’’ has the same meaning given that term under
                                                                                     section 8101 of the Elementary and Secondary Education Act
                                                                                     of 1965.
                                                                                        (12) NEW BORROWER.—The term ‘‘new borrower’’ when used
                                                                                     with respect to any date means an individual who on that date
                                                                                     has no outstanding balance of principal or interest owing on
                                                                                     any loan made, insured, or guaranteed under title IV.
                                                                                        (13) NONPROFIT.—The term ‘‘nonprofit’’ as applied to a
                                                                                     school, agency, organization, or institution means a school,




dlhill on DSK120RN23PROD with HEARING
                                                                                     agency, organization, or institution owned and operated by one




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00066   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              67

                                                                                     or more nonprofit corporations or associations, no part of the
                                                                                     net earnings of which inures, or may lawfully inure, to the
                                                                                     benefit of any private shareholder or individual.
                                                                                        (14) POVERTY LINE.—The term ‘‘poverty line’’ means the pov-
                                                                                     erty line (as defined in section 673(2) of the Community Serv-
                                                                                     ices Block Grant Act (42 U.S.C. 9902(2)) applicable to a family
                                                                                     of the size involved.
                                                                                        (15) SCHOOL OR DEPARTMENT OF DIVINITY.—The term ‘‘school
                                                                                     or department of divinity’’ means an institution, or a depart-
                                                                                     ment or a branch of an institution, the program of instruction
                                                                                     of which is designed for the education of students—
                                                                                             (A) to prepare the students to become ministers of reli-
                                                                                          gion or to enter upon some other religious vocation (or to
                                                                                          provide continuing training for any such vocation); or
                                                                                             (B) to prepare the students to teach theological subjects.
                                                                                        (16) SECONDARY SCHOOL.—The term ‘‘secondary school’’ has
                                                                                     the same meaning given that term under section 8101 of the
                                                                                     Elementary and Secondary Education Act of 1965.
                                                                                        (17) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
                                                                                     of Education.
                                                                                        (18) SERVICE-LEARNING.—The term ‘‘service-learning’’ has the
                                                                                     same meaning given that term under section 101(23) of the
                                                                                     National and Community Service Act of 1990.
                                                                                        (19) SPECIAL EDUCATION TEACHER.—The term ‘‘special edu-
                                                                                     cation teacher’’ means teachers who teach children with dis-
                                                                                     abilities as defined in section 602 of the Individuals with Dis-
                                                                                     abilities Education Act.
                                                                                        (20) STATE; FREELY ASSOCIATED STATES.—
                                                                                             (A) STATE.—The term ‘‘State’’ includes, in addition to the
                                                                                          several States of the United States, the Commonwealth of
                                                                                          Puerto Rico, the District of Columbia, Guam, American
                                                                                          Samoa, the United States Virgin Islands, the Common-
                                                                                          wealth of the Northern Mariana Islands, and the Freely
                                                                                          Associated States.
                                                                                             (B) FREELY ASSOCIATED STATES.—The term ‘‘Freely Asso-
                                                                                          ciated States’’ means the Republic of the Marshall Islands,
                                                                                          the Federated States of Micronesia, and the Republic of
                                                                                          Palau.
                                                                                        (21) STATE EDUCATIONAL AGENCY.—The term ‘‘State edu-
                                                                                     cational agency’’ has the same meaning given that term under
                                                                                     section 8101 of the Elementary and Secondary Education Act
                                                                                     of 1965.
                                                                                        (22) STATE HIGHER EDUCATION AGENCY.—The term ‘‘State
                                                                                     higher education agency’’ means the officer or agency primarily
                                                                                     responsible for the State supervision of higher education.
                                                                                        (23) UNIVERSAL DESIGN.—The term‘‘universal design’’has the
                                                                                     meaning given the term in section 3 of the Assistive Tech-
                                                                                     nology Act of 1998 (29 U.S.C. 3002).
                                                                                        (24) UNIVERSAL DESIGN FOR LEARNING.—The term ‘‘universal
                                                                                     design for learning’’ means a scientifically valid framework for
                                                                                     guiding educational practice that—
                                                                                             (A) provides flexibility in the ways information is pre-
                                                                                          sented, in the ways students respond or demonstrate
                                                                                          knowledge and skills, and in the ways students are en-




dlhill on DSK120RN23PROD with HEARING
                                                                                          gaged; and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00067   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              68

                                                                                             (B) reduces barriers in instruction, provides appropriate
                                                                                           accommodations, supports, and challenges, and maintains
                                                                                           high achievement expectations for all students, including
                                                                                           students with disabilities and students who are limited
                                                                                           English proficient.
                                                                                         *            *           *               *           *         *           *
                                                                                                     TITLE IV—STUDENT ASSISTANCE
                                                                                         *            *           *               *           *         *           *
                                                                               PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE
                                                                                                      PROGRAMS
                                                                                         *            *           *               *           *         *           *
                                                                              SEC. 487. PROGRAM PARTICIPATION AGREEMENTS.
                                                                                (a) REQUIRED FOR PROGRAMS OF ASSISTANCE;              CONTENTS.—In
                                                                              order to be an eligible institution for the purposes of any program
                                                                              authorized under this title, an institution must be an institution of
                                                                              higher education or an eligible institution (as that term is defined
                                                                              for the purpose of that program) and shall, except with respect to
                                                                              a program under subpart 4 of part A, enter into a program partici-
                                                                              pation agreement with the Secretary. The agreement shall condi-
                                                                              tion the initial and continuing eligibility of an institution to partici-
                                                                              pate in a program upon compliance with the following require-
                                                                              ments:
                                                                                      (1) The institution will use funds received by it for any pro-
                                                                                   gram under this title and any interest or other earnings there-
                                                                                   on solely for the purpose specified in and in accordance with
                                                                                   the provision of that program.
                                                                                      (2) The institution shall not charge any student a fee for
                                                                                   processing or handling any application, form, or data required
                                                                                   to determine the student‘s eligibility for assistance under this
                                                                                   title or the amount of such assistance.
                                                                                      (3) The institution will establish and maintain such adminis-
                                                                                   trative and fiscal procedures and records as may be necessary
                                                                                   to ensure proper and efficient administration of funds received
                                                                                   from the Secretary or from students under this title, together
                                                                                   with assurances that the institution will provide, upon request
                                                                                   and in a timely fashion, information relating to the administra-
                                                                                   tive capability and financial responsibility of the institution
                                                                                   to—
                                                                                           (A) the Secretary;
                                                                                           (B) the appropriate guaranty agency; and
                                                                                           (C) the appropriate accrediting agency or association.
                                                                                      (4) The institution will comply with the provisions of sub-
                                                                                   section (c) of this section and the regulations prescribed under
                                                                                   that subsection, relating to fiscal eligibility.
                                                                                      (5) The institution will submit reports to the Secretary and,
                                                                                   in the case of an institution participating in a program under
                                                                                   part B or part E, to holders of loans made to the institution‘s
                                                                                   students under such parts at such times and containing such
                                                                                   information as the Secretary may reasonably require to carry




dlhill on DSK120RN23PROD with HEARING
                                                                                   out the purpose of this title.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00068   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              69

                                                                                        (6) The institution will not provide any student with any
                                                                                     statement or certification to any lender under part B that
                                                                                     qualifies the student for a loan or loans in excess of the
                                                                                     amount that student is eligible to borrow in accordance with
                                                                                     sections 425(a), 428(a)(2), and 428(b)(1) (A) and (B).
                                                                                        (7) The institution will comply with the requirements of sec-
                                                                                     tion 485.
                                                                                        (8) In the case of an institution that advertises job placement
                                                                                     rates as a means of attracting students to enroll in the institu-
                                                                                     tion, the institution will make available to prospective stu-
                                                                                     dents, at or before the time of application (A) the most recent
                                                                                     available data concerning employment statistics, graduation
                                                                                     statistics, and any other information necessary to substantiate
                                                                                     the truthfulness of the advertisements, and (B) relevant State
                                                                                     licensing requirements of the State in which such institution
                                                                                     is located for any job for which the course of instruction is de-
                                                                                     signed to prepare such prospective students.
                                                                                        (9) In the case of an institution participating in a program
                                                                                     under part B or D, the institution will inform all eligible bor-
                                                                                     rowers enrolled in the institution about the availability and eli-
                                                                                     gibility of such borrowers for State grant assistance from the
                                                                                     State in which the institution is located, and will inform such
                                                                                     borrowers from another State of the source for further informa-
                                                                                     tion concerning such assistance from that State.
                                                                                        (10) The institution certifies that it has in operation a drug
                                                                                     abuse prevention program that is determined by the institution
                                                                                     to be accessible to any officer, employee, or student at the in-
                                                                                     stitution.
                                                                                        (11) In the case of any institution whose students receive fi-
                                                                                     nancial assistance pursuant to section 484(d), the institution
                                                                                     will make available to such students a program proven suc-
                                                                                     cessful in assisting students in obtaining a certificate of high
                                                                                     school equivalency.
                                                                                        (12) The institution certifies that—
                                                                                             (A) the institution has established a campus security
                                                                                          policy; and
                                                                                             (B) the institution has complied with the disclosure re-
                                                                                          quirements of section 485(f).
                                                                                        (13) The institution will not deny any form of Federal finan-
                                                                                     cial aid to any student who meets the eligibility requirements
                                                                                     of this title on the grounds that the student is participating in
                                                                                     a program of study abroad approved for credit by the institu-
                                                                                     tion.
                                                                                        (14)(A) The institution, in order to participate as an eligible
                                                                                     institution under part B or D, will develop a Default Manage-
                                                                                     ment Plan for approval by the Secretary as part of its initial
                                                                                     application for certification as an eligible institution and will
                                                                                     implement such Plan for two years thereafter.
                                                                                        (B) Any institution of higher education which changes own-
                                                                                     ership and any eligible institution which changes its status as
                                                                                     a parent or subordinate institution shall, in order to partici-
                                                                                     pate as an eligible institution under part B or D, develop a De-
                                                                                     fault Management Plan for approval by the Secretary and im-
                                                                                     plement such Plan for two years after its change of ownership




dlhill on DSK120RN23PROD with HEARING
                                                                                     or status.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00069   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              70

                                                                                        (C) This paragraph shall not apply in the case of an institu-
                                                                                     tion in which (i) neither the parent nor the subordinate institu-
                                                                                     tion has a cohort default rate in excess of 10 percent, and (ii)
                                                                                     the new owner of such parent or subordinate institution does
                                                                                     not, and has not, owned any other institution with a cohort de-
                                                                                     fault rate in excess of 10 percent.
                                                                                        (15) The institution acknowledges the authority of the Sec-
                                                                                     retary, guaranty agencies, lenders, accrediting agencies, the
                                                                                     Secretary of Veterans Affairs, and the State agencies under
                                                                                     subpart 1 of part H to share with each other any information
                                                                                     pertaining to the institution‘s eligibility to participate in pro-
                                                                                     grams under this title or any information on fraud and abuse.
                                                                                        (16)(A) The institution will not knowingly employ an indi-
                                                                                     vidual in a capacity that involves the administration of pro-
                                                                                     grams under this title, or the receipt of program funds under
                                                                                     this title, who has been convicted of, or has pled nolo
                                                                                     contendere or guilty to, a crime involving the acquisition, use,
                                                                                     or expenditure of funds under this title, or has been judicially
                                                                                     determined to have committed fraud involving funds under
                                                                                     this title or contract with an institution or third party servicer
                                                                                     that has been terminated under section 432 involving the ac-
                                                                                     quisition, use, or expenditure of funds under this title, or who
                                                                                     has been judicially determined to have committed fraud involv-
                                                                                     ing funds under this title.
                                                                                        (B) The institution will not knowingly contract with or em-
                                                                                     ploy any individual, agency, or organization that has been, or
                                                                                     whose officers or employees have been—
                                                                                             (i) convicted of, or pled nolo contendere or guilty to, a
                                                                                          crime involving the acquisition, use, or expenditure of
                                                                                          funds under this title; or
                                                                                             (ii) judicially determined to have committed fraud in-
                                                                                          volving funds under this title.
                                                                                        (17) The institution will complete surveys conducted as a
                                                                                     part of the Integrated Postsecondary Education Data System
                                                                                     (IPEDS) or any other Federal postsecondary institution data
                                                                                     collection effort, as designated by the Secretary, in a timely
                                                                                     manner and to the satisfaction of the Secretary.
                                                                                        (18) The institution will meet the requirements established
                                                                                     pursuant to section 485(g).
                                                                                        (19) The institution will not impose any penalty, including
                                                                                     the assessment of late fees, the denial of access to classes, li-
                                                                                     braries, or other institutional facilities, or the requirement that
                                                                                     the student borrow additional funds, on any student because of
                                                                                     the student‘s inability to meet his or her financial obligations
                                                                                     to the institution as a result of the delayed disbursement of the
                                                                                     proceeds of a loan made under this title due to compliance with
                                                                                     the provisions of this title, or delays attributable to the institu-
                                                                                     tion.
                                                                                        (20) The institution will not provide any commission, bonus,
                                                                                     or other incentive payment based directly or indirectly on suc-
                                                                                     cess in securing enrollments or financial aid to any persons or
                                                                                     entities engaged in any student recruiting or admission activi-
                                                                                     ties or in making decisions regarding the award of student fi-




dlhill on DSK120RN23PROD with HEARING
                                                                                     nancial assistance, except that this paragraph shall not apply




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00070   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              71

                                                                                     to the recruitment of foreign students residing in foreign coun-
                                                                                     tries who are not eligible to receive Federal student assistance.
                                                                                        (21) The institution will meet the requirements established
                                                                                     by the Secretary and accrediting agencies or associations, and
                                                                                     will provide evidence to the Secretary that the institution has
                                                                                     the authority to operate within a State.
                                                                                        (22) The institution will comply with the refund policy estab-
                                                                                     lished pursuant to section 484B.
                                                                                        (23)(A) The institution, if located in a State to which section
                                                                                     4(b) of the National Voter Registration Act of 1993 (42 U.S.C.
                                                                                     1973gg–2(b)) does not apply, will make a good faith effort to
                                                                                     distribute a mail voter registration form, requested and re-
                                                                                     ceived from the State, to each student enrolled in a degree or
                                                                                     certificate program and physically in attendance at the institu-
                                                                                     tion, and to make such forms widely available to students at
                                                                                     the institution.
                                                                                        (B) The institution shall request the forms from the State
                                                                                     120 days prior to the deadline for registering to vote within the
                                                                                     State. If an institution has not received a sufficient quantity of
                                                                                     forms to fulfill this section from the State within 60 days prior
                                                                                     to the deadline for registering to vote in the State, the institu-
                                                                                     tion shall not be held liable for not meeting the requirements
                                                                                     of this section during that election year.
                                                                                        (C) This paragraph shall apply to general and special elec-
                                                                                     tions for Federal office, as defined in section 301(3) of the Fed-
                                                                                     eral Election Campaign Act of 1971 (2 U.S.C. 431(3)), and to
                                                                                     the elections for Governor or other chief executive within such
                                                                                     State).
                                                                                             (D) The institution shall be considered in compliance
                                                                                          with the requirements of subparagraph (A) for each stu-
                                                                                          dent to whom the institution electronically transmits a
                                                                                          message containing a voter registration form acceptable for
                                                                                          use in the State in which the institution is located, or an
                                                                                          Internet address where such a form can be downloaded, if
                                                                                          such information is in an electronic message devoted exclu-
                                                                                          sively to voter registration.
                                                                                        (24) In the case of a proprietary institution of higher edu-
                                                                                     cation (as defined in section 102(b)), such institution will de-
                                                                                     rive not less than ten percent of such institution‘s revenues
                                                                                     from sources other than Federal funds that are disbursed or
                                                                                     delivered to or on behalf of a student to be used to attend such
                                                                                     institution (referred to in this paragraph and subsection (d) as
                                                                                     ‘‘Federal education assistance funds’’), as calculated in accord-
                                                                                     ance with subsection (d)(1), or will be subject to the sanctions
                                                                                     described in subsection (d)(2).
                                                                                        (25) In the case of an institution that participates in a loan
                                                                                     program under this title, the institution will—
                                                                                             (A) develop a code of conduct with respect to such loans
                                                                                          with which the institution‘s officers, employees, and agents
                                                                                          shall comply, that—
                                                                                                  (i) prohibits a conflict of interest with the respon-
                                                                                               sibilities of an officer, employee, or agent of an institu-
                                                                                               tion with respect to such loans; and
                                                                                                  (ii) at a minimum, includes the provisions described




dlhill on DSK120RN23PROD with HEARING
                                                                                               in subsection (e);




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00071   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              72

                                                                                              (B) publish such code of conduct prominently on the
                                                                                           institution‘s website; and
                                                                                              (C) administer and enforce such code by, at a minimum,
                                                                                           requiring that all of the institution‘s officers, employees,
                                                                                           and agents with responsibilities with respect to such loans
                                                                                           be annually informed of the provisions of the code of con-
                                                                                           duct.
                                                                                        (26) The institution will, upon written request, disclose to
                                                                                     the alleged victim of any crime of violence (as that term is de-
                                                                                     fined in section 16 of title 18, United States Code), or a non-
                                                                                     forcible sex offense, the report on the results of any discipli-
                                                                                     nary proceeding conducted by such institution against a stu-
                                                                                     dent who is the alleged perpetrator of such crime or offense
                                                                                     with respect to such crime or offense. If the alleged victim of
                                                                                     such crime or offense is deceased as a result of such crime or
                                                                                     offense, the next of kin of such victim shall be treated as the
                                                                                     alleged victim for purposes of this paragraph.
                                                                                        (27) In the case of an institution that has entered into a pre-
                                                                                     ferred lender arrangement, the institution will at least annu-
                                                                                     ally compile, maintain, and make available for students at-
                                                                                     tending the institution, and the families of such students, a
                                                                                     list, in print or other medium, of the specific lenders for loans
                                                                                     made, insured, or guaranteed under this title or private edu-
                                                                                     cation loans that the institution recommends, promotes, or en-
                                                                                     dorses in accordance with such preferred lender arrangement.
                                                                                     In making such list, the institution shall comply with the re-
                                                                                     quirements of subsection (h).
                                                                                        (28)(A) The institution will, upon the request of an applicant
                                                                                     for a private education loan, provide to the applicant the form
                                                                                     required under section 128(e)(3) of the Truth in Lending Act
                                                                                     (15 U.S.C. 1638(e)(3)), and the information required to com-
                                                                                     plete such form, to the extent the institution possesses such in-
                                                                                     formation.
                                                                                        (B) For purposes of this paragraph, the term ‘‘private edu-
                                                                                     cation loan’’ has the meaning given such term in section 140
                                                                                     of the Truth in Lending Act.
                                                                                        (29) The institution certifies that the institution—
                                                                                              (A) has developed plans to effectively combat the unau-
                                                                                           thorized distribution of copyrighted material, including
                                                                                           through the use of a variety of technology-based deter-
                                                                                           rents; and
                                                                                              (B) will, to the extent practicable, offer alternatives to il-
                                                                                           legal downloading or peer-to-peer distribution of intellec-
                                                                                           tual property, as determined by the institution in consulta-
                                                                                           tion with the chief technology officer or other designated
                                                                                           officer of the institution.
                                                                                        (30)(A) The institution will carry out the following:
                                                                                              (i) Adopt policies that make any of the following docu-
                                                                                           mentation submitted by an individual sufficient to estab-
                                                                                           lish that such individual is an individual with a disability:
                                                                                                   (I) Documentation that the individual has had an in-
                                                                                                 dividualized education program (IEP) in accordance
                                                                                                 with section 614(d) of the Individuals with Disabilities
                                                                                                 Education Act (20 U.S.C. 1414(d)), including an IEP




dlhill on DSK120RN23PROD with HEARING
                                                                                                 that may not be current on the date of the determina-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00072   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              73

                                                                                              tion that the individual has a disability. The institu-
                                                                                              tion may ask for additional documentation from an in-
                                                                                              dividual who had an IEP but who was subsequently
                                                                                              evaluated and determined to be ineligible for services
                                                                                              under the Individuals with Disabilities Education Act,
                                                                                              including an individual determined to be ineligible
                                                                                              during elementary school.
                                                                                                 (II) Documentation describing services or accom-
                                                                                              modations provided to the individual pursuant to sec-
                                                                                              tion 504 of the Rehabilitation Act of 1973 (29 U.S.C.
                                                                                              794) (commonly referred to as a ‘‘Section 504 plan’’).
                                                                                                 (III) A plan or record of service for the individual
                                                                                              from a private school, a local educational agency, a
                                                                                              State educational agency, or an institution of higher
                                                                                              education provided in accordance with the Americans
                                                                                              with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
                                                                                                 (IV) A record or evaluation from a relevant licensed
                                                                                              professional finding that the individual has a dis-
                                                                                              ability.
                                                                                                 (V) A plan or record of disability from another insti-
                                                                                              tution of higher education.
                                                                                                 (VI) Documentation of a disability due to service in
                                                                                              the uniformed services, as defined in section 484C(a).
                                                                                           (ii) Adopt policies that are transparent and explicit re-
                                                                                        garding information about the process by which the institu-
                                                                                        tion determines eligibility for accommodations.
                                                                                           (iii) Disseminate such information to students, parents,
                                                                                        and faculty in an accessible format, including during any
                                                                                        student orientation and making such information readily
                                                                                        available on a public website of the institution.
                                                                                      (B) Nothing in this paragraph shall be construed to preclude
                                                                                   an institution from establishing less burdensome criteria than
                                                                                   that described in subparagraph (A) to establish an individual
                                                                                   as an individual with a disability and therefore eligible for ac-
                                                                                   commodations.
                                                                                      (31) The institution will submit, for inclusion in the Inte-
                                                                                   grated Postsecondary Education Data System (IPEDS) or any
                                                                                   other Federal postsecondary institution data collection effort,
                                                                                   key data related to undergraduate students enrolled at the in-
                                                                                   stitution who are formally registered as students with disabil-
                                                                                   ities with the institution‘s office of disability services (or the
                                                                                   equivalent office), including the total number of students with
                                                                                   disabilities enrolled, the number of students accessing or receiv-
                                                                                   ing accommodations, the percentage of students with disabil-
                                                                                   ities of all undergraduate students, and the total number of un-
                                                                                   dergraduate certificates or degrees awarded to students with
                                                                                   disabilities. An institution shall not be required to submit the
                                                                                   information described in the preceding sentence if the number
                                                                                   of such students would reveal personally identifiable informa-
                                                                                   tion about an individual student.
                                                                                 (b) HEARINGS.—(1) An institution that has received written no-
                                                                              tice of a final audit or program review determination and that de-
                                                                              sires to have such determination reviewed by the Secretary shall




dlhill on DSK120RN23PROD with HEARING
                                                                              submit to the Secretary a written request for review not later than




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00073   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              74

                                                                              45 days after receipt of notification of the final audit or program
                                                                              review determination.
                                                                                 (2) The Secretary shall, upon receipt of written notice under
                                                                              paragraph (1), arrange for a hearing and notify the institution
                                                                              within 30 days of receipt of such notice the date, time, and place
                                                                              of such hearing. Such hearing shall take place not later than 120
                                                                              days from the date upon which the Secretary notifies the institu-
                                                                              tion.
                                                                                 (c) AUDITS; FINANCIAL RESPONSIBILITY; ENFORCEMENT OF STAND-
                                                                              ARDS.—(1) Notwithstanding any other provisions of this title, the
                                                                              Secretary shall prescribe such regulations as may be necessary to
                                                                              provide for—
                                                                                       (A)(i) except as provided in clauses (ii) and (iii), a financial
                                                                                    audit of an eligible institution with regard to the financial con-
                                                                                    dition of the institution in its entirety, and a compliance audit
                                                                                    of such institution with regard to any funds obtained by it
                                                                                    under this title or obtained from a student or a parent who has
                                                                                    a loan insured or guaranteed by the Secretary under this title,
                                                                                    on at least an annual basis and covering the period since the
                                                                                    most recent audit, conducted by a qualified, independent orga-
                                                                                    nization or person in accordance with standards established by
                                                                                    the Comptroller General for the audit of governmental organi-
                                                                                    zations, programs, and functions, and as prescribed in regula-
                                                                                    tions of the Secretary, the results of which shall be submitted
                                                                                    to the Secretary and shall be available to cognizant guaranty
                                                                                    agencies, eligible lenders, State agencies, and the appropriate
                                                                                    State agency notifying the Secretary under subpart 1 of part
                                                                                    H, except that the Secretary may modify the requirements of
                                                                                    this clause with respect to institutions of higher education that
                                                                                    are foreign institutions, and may waive such requirements
                                                                                    with respect to a foreign institution whose students receive less
                                                                                    than $500,000 in loans under this title during the award year
                                                                                    preceding the audit period;
                                                                                       (ii) with regard to an eligible institution which is audited
                                                                                    under chapter 75 of title 31, United States Code, deeming such
                                                                                    audit to satisfy the requirements of clause (i) for the period
                                                                                    covered by such audit; or
                                                                                       (iii) at the discretion of the Secretary, with regard to an eli-
                                                                                    gible institution (other than an eligible institution described in
                                                                                    section 102(a)(1)(C)) that has obtained less than $200,000 in
                                                                                    funds under this title during each of the 2 award years that
                                                                                    precede the audit period and submits a letter of credit payable
                                                                                    to the Secretary equal to not less than 1⁄2 of the annual poten-
                                                                                    tial liabilities of such institution as determined by the Sec-
                                                                                    retary, deeming an audit conducted every 3 years to satisfy the
                                                                                    requirements of clause (i), except for the award year imme-
                                                                                    diately preceding renewal of the institution‘s eligibility under
                                                                                    section 498(g);
                                                                                       (B) in matters not governed by specific program provisions,
                                                                                    the establishment of reasonable standards of financial respon-
                                                                                    sibility and appropriate institutional capability for the admin-
                                                                                    istration by an eligible institution of a program of student fi-
                                                                                    nancial aid under this title, including any matter the Secretary
                                                                                    deems necessary to the sound administration of the financial




dlhill on DSK120RN23PROD with HEARING
                                                                                    aid programs, such as the pertinent actions of any owner,




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00074   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              75

                                                                                     shareholder, or person exercising control over an eligible insti-
                                                                                     tution;
                                                                                        (C)(i) except as provided in clause (ii), a compliance audit of
                                                                                     a third party servicer (other than with respect to the servicer‘s
                                                                                     functions as a lender if such functions are otherwise audited
                                                                                     under this part and such audits meet the requirements of this
                                                                                     clause), with regard to any contract with an eligible institution,
                                                                                     guaranty agency, or lender for administering or servicing any
                                                                                     aspect of the student assistance programs under this title, at
                                                                                     least once every year and covering the period since the most
                                                                                     recent audit, conducted by a qualified, independent organiza-
                                                                                     tion or person in accordance with standards established by the
                                                                                     Comptroller General for the audit of governmental organiza-
                                                                                     tions, programs, and functions, and as prescribed in regula-
                                                                                     tions of the Secretary, the results of which shall be submitted
                                                                                     to the Secretary; or
                                                                                        (ii) with regard to a third party servicer that is audited
                                                                                     under chapter 75 of title 31, United States Code, such audit
                                                                                     shall be deemed to satisfy the requirements of clause (i) for the
                                                                                     period covered by such audit;
                                                                                        (D)(i) a compliance audit of a secondary market with regard
                                                                                     to its transactions involving, and its servicing and collection of,
                                                                                     loans made under this title, at least once a year and covering
                                                                                     the period since the most recent audit, conducted by a quali-
                                                                                     fied, independent organization or person in accordance with
                                                                                     standards established by the Comptroller General for the audit
                                                                                     of governmental organizations, programs, and functions, and
                                                                                     as prescribed in regulations of the Secretary, the results of
                                                                                     which shall be submitted to the Secretary; or
                                                                                        (ii) with regard to a secondary market that is audited under
                                                                                     chapter 75 of title 31, United States Code, such audit shall be
                                                                                     deemed to satisfy the requirements of clause (i) for the period
                                                                                     covered by the audit;
                                                                                        (E) the establishment, by each eligible institution under part
                                                                                     B responsible for furnishing to the lender the statement re-
                                                                                     quired by section 428(a)(2)(A)(i), of policies and procedures by
                                                                                     which the latest known address and enrollment status of any
                                                                                     student who has had a loan insured under this part and who
                                                                                     has either formally terminated his enrollment, or failed to re-
                                                                                     enroll on at least a half-time basis, at such institution, shall
                                                                                     be furnished either to the holder (or if unknown, the insurer)
                                                                                     of the note, not later than 60 days after such termination or
                                                                                     failure to re-enroll;
                                                                                        (F) the limitation, suspension, or termination of the partici-
                                                                                     pation in any program under this title of an eligible institution,
                                                                                     or the imposition of a civil penalty under paragraph (3)(B)
                                                                                     whenever the Secretary has determined, after reasonable no-
                                                                                     tice and opportunity for hearing, that such institution has vio-
                                                                                     lated or failed to carry out any provision of this title, any regu-
                                                                                     lation prescribed under this title, or any applicable special ar-
                                                                                     rangement, agreement, or limitation, except that no period of
                                                                                     suspension under this section shall exceed 60 days unless the
                                                                                     institution and the Secretary agree to an extension or unless
                                                                                     limitation or termination proceedings are initiated by the Sec-




dlhill on DSK120RN23PROD with HEARING
                                                                                     retary within that period of time;




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00075   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              76

                                                                                        (G) an emergency action against an institution, under which
                                                                                     the Secretary shall, effective on the date on which a notice and
                                                                                     statement of the basis of the action is mailed to the institution
                                                                                     (by registered mail, return receipt requested), withhold funds
                                                                                     from the institution or its students and withdraw the
                                                                                     institution‘s authority to obligate funds under any program
                                                                                     under this title, if the Secretary—
                                                                                              (i) receives information, determined by the Secretary to
                                                                                           be reliable, that the institution is violating any provision
                                                                                           of this title, any regulation prescribed under this title, or
                                                                                           any applicable special arrangement, agreement, or limita-
                                                                                           tion,
                                                                                              (ii) determines that immediate action is necessary to
                                                                                           prevent misuse of Federal funds, and
                                                                                              (iii) determines that the likelihood of loss outweighs the
                                                                                           importance of the procedures prescribed under subpara-
                                                                                           graph (D) for limitation, suspension, or termination,
                                                                                     except that an emergency action shall not exceed 30 days un-
                                                                                     less limitation, suspension, or termination proceedings are ini-
                                                                                     tiated by the Secretary against the institution within that pe-
                                                                                     riod of time, and except that the Secretary shall provide the in-
                                                                                     stitution an opportunity to show cause, if it so requests, that
                                                                                     the emergency action is unwarranted;
                                                                                        (H) the limitation, suspension, or termination of the eligi-
                                                                                     bility of a third party servicer to contract with any institution
                                                                                     to administer any aspect of an institution‘s student assistance
                                                                                     program under this title, or the imposition of a civil penalty
                                                                                     under paragraph (3)(B), whenever the Secretary has deter-
                                                                                     mined, after reasonable notice and opportunity for a hearing,
                                                                                     that such organization, acting on behalf of an institution, has
                                                                                     violated or failed to carry out any provision of this title, any
                                                                                     regulation prescribed under this title, or any applicable special
                                                                                     arrangement, agreement, or limitation, except that no period of
                                                                                     suspension under this subparagraph shall exceed 60 days un-
                                                                                     less the organization and the Secretary agree to an extension,
                                                                                     or unless limitation or termination proceedings are initiated by
                                                                                     the Secretary against the individual or organization within
                                                                                     that period of time; and
                                                                                        (I) an emergency action against a third party servicer that
                                                                                     has contracted with an institution to administer any aspect of
                                                                                     the institution‘s student assistance program under this title,
                                                                                     under which the Secretary shall, effective on the date on which
                                                                                     a notice and statement of the basis of the action is mailed to
                                                                                     such individual or organization (by registered mail, return re-
                                                                                     ceipt requested), withhold funds from the individual or organi-
                                                                                     zation and withdraw the individual or organization‘s authority
                                                                                     to act on behalf of an institution under any program under this
                                                                                     title, if the Secretary—
                                                                                              (i) receives information, determined by the Secretary to
                                                                                           be reliable, that the individual or organization, acting on
                                                                                           behalf of an institution, is violating any provision of this
                                                                                           title, any regulation prescribed under this title, or any ap-
                                                                                           plicable special arrangement, agreement, or limitation,
                                                                                              (ii) determines that immediate action is necessary to




dlhill on DSK120RN23PROD with HEARING
                                                                                           prevent misuse of Federal funds, and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00076   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              77

                                                                                            (iii) determines that the likelihood of loss outweighs the
                                                                                          importance of the procedures prescribed under subpara-
                                                                                          graph (F), for limitation, suspension, or termination,
                                                                                    except that an emergency action shall not exceed 30 days un-
                                                                                    less the limitation, suspension, or termination proceedings are
                                                                                    initiated by the Secretary against the individual or organiza-
                                                                                    tion within that period of time, and except that the Secretary
                                                                                    shall provide the individual or organization an opportunity to
                                                                                    show cause, if it so requests, that the emergency action is un-
                                                                                    warranted.
                                                                                 (2) If an individual who, or entity that, exercises substantial con-
                                                                              trol, as determined by the Secretary in accordance with the defini-
                                                                              tion of substantial control in subpart 3 of part H, over one or more
                                                                              institutions participating in any program under this title, or, for
                                                                              purposes of paragraphs (1) (H) and (I), over one or more organiza-
                                                                              tions that contract with an institution to administer any aspect of
                                                                              the institution‘s student assistance program under this title, is de-
                                                                              termined to have committed one or more violations of the require-
                                                                              ments of any program under this title, or has been suspended or
                                                                              debarred in accordance with the regulations of the Secretary, the
                                                                              Secretary may use such determination, suspension, or debarment
                                                                              as the basis for imposing an emergency action on, or limiting, sus-
                                                                              pending, or terminating, in a single proceeding, the participation of
                                                                              any or all institutions under the substantial control of that indi-
                                                                              vidual or entity.
                                                                                 (3)(A) Upon determination, after reasonable notice and oppor-
                                                                              tunity for a hearing, that an eligible institution has engaged in
                                                                              substantial misrepresentation of the nature of its educational pro-
                                                                              gram, its financial charges, or the employability of its graduates,
                                                                              the Secretary may suspend or terminate the eligibility status for
                                                                              any or all programs under this title of any otherwise eligible insti-
                                                                              tution, in accordance with procedures specified in paragraph (1)(D)
                                                                              of this subsection, until the Secretary finds that such practices
                                                                              have been corrected.
                                                                                 (B)(i) Upon determination, after reasonable notice and oppor-
                                                                              tunity for a hearing, that an eligible institution—
                                                                                       (I) has violated or failed to carry out any provision of this
                                                                                    title or any regulation prescribed under this title; or
                                                                                       (II) has engaged in substantial misrepresentation of the na-
                                                                                    ture of its educational program, its financial charges, and the
                                                                                    employability of its graduates,
                                                                              the Secretary may impose a civil penalty upon such institution of
                                                                              not to exceed $25,000 for each violation or misrepresentation.
                                                                                 (ii) Any civil penalty may be compromised by the Secretary. In
                                                                              determining the amount of such penalty, or the amount agreed
                                                                              upon in compromise, the appropriateness of the penalty to the size
                                                                              of the institution of higher education subject to the determination,
                                                                              and the gravity of the violation, failure, or misrepresentation shall
                                                                              be considered. The amount of such penalty, when finally deter-
                                                                              mined, or the amount agreed upon in compromise, may be deducted
                                                                              from any sums owing by the United States to the institution
                                                                              charged.
                                                                                 (4) The Secretary shall publish a list of State agencies which the
                                                                              Secretary determines to be reliable authority as to the quality of




dlhill on DSK120RN23PROD with HEARING
                                                                              public postsecondary vocational education in their respective States




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00077   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              78

                                                                              for the purpose of determining eligibility for all Federal student as-
                                                                              sistance programs.
                                                                                 (5) The Secretary shall make readily available to appropriate
                                                                              guaranty agencies, eligible lenders, State agencies notifying the
                                                                              Secretary under subpart 1 of part H, and accrediting agencies or
                                                                              associations the results of the audits of eligible institutions con-
                                                                              ducted pursuant to paragraph (1)(A).
                                                                                 (6) The Secretary is authorized to provide any information col-
                                                                              lected as a result of audits conducted under this section, together
                                                                              with audit information collected by guaranty agencies, to any Fed-
                                                                              eral or State agency having responsibilities with respect to student
                                                                              financial assistance, including those referred to in subsection
                                                                              (a)(15) of this section.
                                                                                 (7) Effective with respect to any audit conducted under this sub-
                                                                              section after December 31, 1988, if, in the course of conducting any
                                                                              such audit, the personnel of the Department of Education discover,
                                                                              or are informed of, grants or other assistance provided by an insti-
                                                                              tution in accordance with this title for which the institution has not
                                                                              received funds appropriated under this title (in the amount nec-
                                                                              essary to provide such assistance), including funds for which reim-
                                                                              bursement was not requested prior to such discovery or informa-
                                                                              tion, such institution shall be permitted to offset that amount
                                                                              against any sums determined to be owed by the institution pursu-
                                                                              ant to such audit, or to receive reimbursement for that amount (if
                                                                              the institution does not owe any such sums).
                                                                                 (d) IMPLEMENTATION OF NON-FEDERAL REVENUE REQUIRE-
                                                                              MENT.—
                                                                                      (1) CALCULATION.—In making calculations under subsection
                                                                                   (a)(24), a proprietary institution of higher education shall—
                                                                                          (A) use the cash basis of accounting, except in the case
                                                                                        of loans described in subparagraph (D)(i) that are made by
                                                                                        the proprietary institution of higher education;
                                                                                          (B) consider as revenue only those funds generated by
                                                                                        the institution from—
                                                                                               (i) tuition, fees, and other institutional charges for
                                                                                             students enrolled in programs eligible for assistance
                                                                                             under this title;
                                                                                               (ii) activities conducted by the institution that are
                                                                                             necessary for the education and training of the
                                                                                             institution‘s students, if such activities are—
                                                                                                     (I) conducted on campus or at a facility under
                                                                                                  the control of the institution;
                                                                                                     (II) performed under the supervision of a mem-
                                                                                                  ber of the institution‘s faculty; and
                                                                                                     (III) required to be performed by all students in
                                                                                                  a specific educational program at the institution;
                                                                                                  and
                                                                                               (iii) funds paid by a student, or on behalf of a stu-
                                                                                             dent by a party other than the institution, for an edu-
                                                                                             cation or training program that is not eligible for
                                                                                             funds under this title, if the program—
                                                                                                     (I) is approved or licensed by the appropriate
                                                                                                  State agency;
                                                                                                     (II) is accredited by an accrediting agency recog-




dlhill on DSK120RN23PROD with HEARING
                                                                                                  nized by the Secretary; or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00078   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              79

                                                                                                         (III) provides an industry-recognized credential
                                                                                                      or certification;
                                                                                             (C) presume that any Federal education assistance funds
                                                                                           that are disbursed or delivered to or on behalf of a student
                                                                                           will be used to pay the student‘s tuition, fees, or other in-
                                                                                           stitutional charges, regardless of whether the institution
                                                                                           credits those funds to the student‘s account or pays those
                                                                                           funds directly to the student, except to the extent that the
                                                                                           student‘s tuition, fees, or other institutional charges are
                                                                                           satisfied by—
                                                                                                   (i) grant funds provided by non-Federal public agen-
                                                                                                cies or private sources independent of the institution;
                                                                                                   (ii) funds provided under a contractual arrangement
                                                                                                with a Federal, State, or local government agency for
                                                                                                the purpose of providing job training to low-income in-
                                                                                                dividuals who are in need of that training;
                                                                                                   (iii) funds used by a student from savings plans for
                                                                                                educational expenses established by or on behalf of the
                                                                                                student and which qualify for special tax treatment
                                                                                                under the Internal Revenue Code of 1986; or
                                                                                                   (iv) institutional scholarships described in subpara-
                                                                                                graph (D)(iii);
                                                                                             (D) include institutional aid as revenue to the school
                                                                                           only as follows:
                                                                                                   (i) in the case of loans made by a proprietary insti-
                                                                                                tution of higher education on or after July 1, 2008 and
                                                                                                prior to July 1, 2012, the net present value of such
                                                                                                loans made by the institution during the applicable in-
                                                                                                stitutional fiscal year accounted for on an accrual
                                                                                                basis and estimated in accordance with generally ac-
                                                                                                cepted accounting principles and related standards
                                                                                                and guidance, if the loans—
                                                                                                         (I) are bona fide as evidenced by enforceable
                                                                                                      promissory notes;
                                                                                                         (II) are issued at intervals related to the
                                                                                                      institution‘s enrollment periods; and
                                                                                                         (III) are subject to regular loan repayments and
                                                                                                      collections;
                                                                                                   (ii) in the case of loans made by a proprietary insti-
                                                                                                tution of higher education on or after July 1, 2012,
                                                                                                only the amount of loan repayments received during
                                                                                                the applicable institutional fiscal year, excluding re-
                                                                                                payments on loans made and accounted for as speci-
                                                                                                fied in clause (i); and
                                                                                                   (iii) in the case of scholarships provided by a propri-
                                                                                                etary institution of higher education, only those schol-
                                                                                                arships provided by the institution in the form of mon-
                                                                                                etary aid or tuition discounts based upon the academic
                                                                                                achievements or financial need of students, disbursed
                                                                                                during each fiscal year from an established restricted
                                                                                                account, and only to the extent that funds in that ac-
                                                                                                count represent designated funds from an outside
                                                                                                source or from income earned on those funds;
                                                                                             (E) in the case of each student who receives a loan on




dlhill on DSK120RN23PROD with HEARING
                                                                                           or after July 1, 2008, and prior to July 1, 2011, that is au-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00079   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              80

                                                                                          thorized under section 428H or that is a Federal Direct
                                                                                          Unsubsidized Stafford Loan, treat as revenue received by
                                                                                          the institution from sources other than funds received
                                                                                          under this title, the amount by which the disbursement of
                                                                                          such loan received by the institution exceeds the limit on
                                                                                          such loan in effect on the day before the date of enactment
                                                                                          of the Ensuring Continued Access to Student Loans Act of
                                                                                          2008; and
                                                                                             (F) exclude from revenues—
                                                                                                  (i) the amount of funds the institution received
                                                                                               under part C, unless the institution used those funds
                                                                                               to pay a student‘s institutional charges;
                                                                                                  (ii) the amount of funds the institution received
                                                                                               under subpart 4 of part A;
                                                                                                  (iii) the amount of funds provided by the institution
                                                                                               as matching funds for a program under this title;
                                                                                                  (iv) the amount of funds provided by the institution
                                                                                               for a program under this title that are required to be
                                                                                               refunded or returned; and
                                                                                                  (v) the amount charged for books, supplies, and
                                                                                               equipment, unless the institution includes that
                                                                                               amount as tuition, fees, or other institutional charges.
                                                                                        (2) SANCTIONS.—
                                                                                             (A) INELIGIBILITY.—A proprietary institution of higher
                                                                                          education that fails to meet a requirement of subsection
                                                                                          (a)(24) for two consecutive institutional fiscal years shall
                                                                                          be ineligible to participate in the programs authorized by
                                                                                          this title for a period of not less than two institutional fis-
                                                                                          cal years. To regain eligibility to participate in the pro-
                                                                                          grams authorized by this title, a proprietary institution of
                                                                                          higher education shall demonstrate compliance with all eli-
                                                                                          gibility and certification requirements under section 498
                                                                                          for a minimum of two institutional fiscal years after the
                                                                                          institutional fiscal year in which the institution became in-
                                                                                          eligible.
                                                                                             (B) ADDITIONAL ENFORCEMENT.—In addition to such
                                                                                          other means of enforcing the requirements of this title as
                                                                                          may be available to the Secretary, if a proprietary institu-
                                                                                          tion of higher education fails to meet a requirement of sub-
                                                                                          section (a)(24) for any institutional fiscal year, then the
                                                                                          institution‘s eligibility to participate in the programs au-
                                                                                          thorized by this title becomes provisional for the two insti-
                                                                                          tutional fiscal years after the institutional fiscal year in
                                                                                          which the institution failed to meet the requirement of
                                                                                          subsection (a)(24), except that such provisional eligibility
                                                                                          shall terminate—
                                                                                                  (i) on the expiration date of the institution‘s pro-
                                                                                               gram participation agreement under this subsection
                                                                                               that is in effect on the date the Secretary determines
                                                                                               that the institution failed to meet the requirement of
                                                                                               subsection (a)(24); or
                                                                                                  (ii) in the case that the Secretary determines that
                                                                                               the institution failed to meet a requirement of sub-




dlhill on DSK120RN23PROD with HEARING
                                                                                               section (a)(24) for two consecutive institutional fiscal




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00080   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              81

                                                                                             years, on the date the institution is determined ineli-
                                                                                             gible in accordance with subparagraph (A).
                                                                                     (3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The Sec-
                                                                                   retary shall publicly disclose on the College Navigator
                                                                                   website—
                                                                                           (A) the identity of any proprietary institution of higher
                                                                                        education that fails to meet a requirement of subsection
                                                                                        (a)(24); and
                                                                                           (B) the extent to which the institution failed to meet
                                                                                        such requirement.
                                                                                     (4) REPORT TO CONGRESS.—Not later than July 1, 2009, and
                                                                                   July 1 of each succeeding year, the Secretary shall submit to
                                                                                   the authorizing committees a report that contains, for each
                                                                                   proprietary institution of higher education that receives assist-
                                                                                   ance under this title, as provided in the audited financial state-
                                                                                   ments submitted to the Secretary by each institution pursuant
                                                                                   to the requirements of subsection (a)(24)—
                                                                                           (A) the amount and percentage of such institution‘s reve-
                                                                                        nues received from sources under this title; and
                                                                                           (B) the amount and percentage of such institution‘s reve-
                                                                                        nues received from other sources.
                                                                                (e) CODE OF CONDUCT REQUIREMENTS.—An institution of higher
                                                                              education‘s code of conduct, as required under subsection (a)(25),
                                                                              shall include the following requirements:
                                                                                     (1) BAN ON REVENUE-SHARING ARRANGEMENTS.—
                                                                                           (A) PROHIBITION.—The institution shall not enter into
                                                                                        any revenue-sharing arrangement with any lender.
                                                                                           (B) DEFINITION.—For purposes of this paragraph, the
                                                                                        term ‘‘revenue-sharing arrangement’’ means an arrange-
                                                                                        ment between an institution and a lender under which—
                                                                                                (i) a lender provides or issues a loan that is made,
                                                                                             insured, or guaranteed under this title to students at-
                                                                                             tending the institution or to the families of such stu-
                                                                                             dents; and
                                                                                                (ii) the institution recommends the lender or the
                                                                                             loan products of the lender and in exchange, the lend-
                                                                                             er pays a fee or provides other material benefits, in-
                                                                                             cluding revenue or profit sharing, to the institution, an
                                                                                             officer or employee of the institution, or an agent.
                                                                                     (2) GIFT BAN.—
                                                                                           (A) PROHIBITION.—No officer or employee of the institu-
                                                                                        tion who is employed in the financial aid office of the insti-
                                                                                        tution or who otherwise has responsibilities with respect to
                                                                                        education loans, or agent who has responsibilities with re-
                                                                                        spect to education loans, shall solicit or accept any gift
                                                                                        from a lender, guarantor, or servicer of education loans.
                                                                                           (B) DEFINITION OF GIFT.—
                                                                                                (i) IN GENERAL.—In this paragraph, the term ‘‘gift’’
                                                                                             means any gratuity, favor, discount, entertainment,
                                                                                             hospitality, loan, or other item having a monetary
                                                                                             value of more than a de minimus amount. The term
                                                                                             includes a gift of services, transportation, lodging, or
                                                                                             meals, whether provided in kind, by purchase of a
                                                                                             ticket, payment in advance, or reimbursement after




dlhill on DSK120RN23PROD with HEARING
                                                                                             the expense has been incurred.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00081   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              82

                                                                                                 (ii) EXCEPTIONS.—The term ‘‘gift’’ shall not include
                                                                                               any of the following:
                                                                                                       (I) Standard material, activities, or programs on
                                                                                                    issues related to a loan, default aversion, default
                                                                                                    prevention, or financial literacy, such as a bro-
                                                                                                    chure, a workshop, or training.
                                                                                                       (II) Food, refreshments, training, or informa-
                                                                                                    tional material furnished to an officer or employee
                                                                                                    of an institution, or to an agent, as an integral
                                                                                                    part of a training session that is designed to im-
                                                                                                    prove the service of a lender, guarantor, or
                                                                                                    servicer of education loans to the institution, if
                                                                                                    such training contributes to the professional de-
                                                                                                    velopment of the officer, employee, or agent.
                                                                                                       (III) Favorable terms, conditions, and borrower
                                                                                                    benefits on an education loan provided to a stu-
                                                                                                    dent employed by the institution if such terms,
                                                                                                    conditions, or benefits are comparable to those
                                                                                                    provided to all students of the institution.
                                                                                                       (IV) Entrance and exit counseling services pro-
                                                                                                    vided to borrowers to meet the institution‘s re-
                                                                                                    sponsibilities for entrance and exit counseling as
                                                                                                    required by subsections (b) and (l) of section 485,
                                                                                                    as long as—
                                                                                                            (aa) the institution‘s staff are in control of
                                                                                                          the counseling, (whether in person or via elec-
                                                                                                          tronic capabilities); and
                                                                                                            (bb) such counseling does not promote the
                                                                                                          products or services of any specific lender.
                                                                                                       (V) Philanthropic contributions to an institution
                                                                                                    from a lender, servicer, or guarantor of education
                                                                                                    loans that are unrelated to education loans or any
                                                                                                    contribution from any lender, guarantor, or
                                                                                                    servicer that is not made in exchange for any ad-
                                                                                                    vantage related to education loans.
                                                                                                       (VI) State education grants, scholarships, or fi-
                                                                                                    nancial aid funds administered by or on behalf of
                                                                                                    a State.
                                                                                                 (iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For pur-
                                                                                               poses of this paragraph, a gift to a family member of
                                                                                               an officer or employee of an institution, to a family
                                                                                               member of an agent, or to any other individual based
                                                                                               on that individual‘s relationship with the officer, em-
                                                                                               ployee, or agent, shall be considered a gift to the offi-
                                                                                               cer, employee, or agent if—
                                                                                                       (I) the gift is given with the knowledge and ac-
                                                                                                    quiescence of the officer, employee, or agent; and
                                                                                                       (II) the officer, employee, or agent has reason to
                                                                                                    believe the gift was given because of the official
                                                                                                    position of the officer, employee, or agent.
                                                                                        (3) CONTRACTING ARRANGEMENTS PROHIBITED.—
                                                                                             (A) PROHIBITION.—An officer or employee who is em-
                                                                                          ployed in the financial aid office of the institution or who
                                                                                          otherwise has responsibilities with respect to education




dlhill on DSK120RN23PROD with HEARING
                                                                                          loans, or an agent who has responsibilities with respect to




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00082   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              83

                                                                                         education loans, shall not accept from any lender or affil-
                                                                                         iate of any lender any fee, payment, or other financial ben-
                                                                                         efit (including the opportunity to purchase stock) as com-
                                                                                         pensation for any type of consulting arrangement or other
                                                                                         contract to provide services to a lender or on behalf of a
                                                                                         lender relating to education loans.
                                                                                            (B) EXCEPTIONS.—Nothing in this subsection shall be
                                                                                         construed as prohibiting—
                                                                                                 (i) an officer or employee of an institution who is not
                                                                                              employed in the institution‘s financial aid office and
                                                                                              who does not otherwise have responsibilities with re-
                                                                                              spect to education loans, or an agent who does not
                                                                                              have responsibilities with respect to education loans,
                                                                                              from performing paid or unpaid service on a board of
                                                                                              directors of a lender, guarantor, or servicer of edu-
                                                                                              cation loans;
                                                                                                 (ii) an officer or employee of the institution who is
                                                                                              not employed in the institution‘s financial aid office
                                                                                              but who has responsibility with respect to education
                                                                                              loans as a result of a position held at the institution,
                                                                                              or an agent who has responsibility with respect to edu-
                                                                                              cation loans, from performing paid or unpaid service
                                                                                              on a board of directors of a lender, guarantor, or
                                                                                              servicer of education loans, if the institution has a
                                                                                              written conflict of interest policy that clearly sets forth
                                                                                              that officers, employees, or agents must recuse them-
                                                                                              selves from participating in any decision of the board
                                                                                              regarding education loans at the institution; or
                                                                                                 (iii) an officer, employee, or contractor of a lender,
                                                                                              guarantor, or servicer of education loans from serving
                                                                                              on a board of directors, or serving as a trustee, of an
                                                                                              institution, if the institution has a written conflict of
                                                                                              interest policy that the board member or trustee must
                                                                                              recuse themselves from any decision regarding edu-
                                                                                              cation loans at the institution.
                                                                                       (4) INTERACTION WITH BORROWERS.—The institution shall
                                                                                     not—
                                                                                            (A) for any first-time borrower, assign, through award
                                                                                         packaging or other methods, the borrower‘s loan to a par-
                                                                                         ticular lender; or
                                                                                            (B) refuse to certify, or delay certification of, any loan
                                                                                         based on the borrower‘s selection of a particular lender or
                                                                                         guaranty agency.
                                                                                       (5) PROHIBITION ON OFFERS OF FUNDS FOR PRIVATE LOANS.—
                                                                                            (A) PROHIBITION.—The institution shall not request or
                                                                                         accept from any lender any offer of funds to be used for
                                                                                         private education loans (as defined in section 140 of the
                                                                                         Truth in Lending Act), including funds for an opportunity
                                                                                         pool loan, to students in exchange for the institution pro-
                                                                                         viding concessions or promises regarding providing the
                                                                                         lender with—
                                                                                                 (i) a specified number of loans made, insured, or
                                                                                              guaranteed under this title;
                                                                                                 (ii) a specified loan volume of such loans; or




dlhill on DSK120RN23PROD with HEARING
                                                                                                 (iii) a preferred lender arrangement for such loans.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00083   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              84

                                                                                              (B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this
                                                                                           paragraph, the term ‘‘opportunity pool loan’’ means a pri-
                                                                                           vate education loan made by a lender to a student attend-
                                                                                           ing the institution or the family member of such a student
                                                                                           that involves a payment, directly or indirectly, by such in-
                                                                                           stitution of points, premiums, additional interest, or finan-
                                                                                           cial support to such lender for the purpose of such lender
                                                                                           extending credit to the student or the family.
                                                                                         (6) BAN ON STAFFING ASSISTANCE.—
                                                                                              (A) PROHIBITION.—The institution shall not request or
                                                                                           accept from any lender any assistance with call center
                                                                                           staffing or financial aid office staffing.
                                                                                              (B) CERTAIN ASSISTANCE PERMITTED.—Nothing in para-
                                                                                           graph (1) shall be construed to prohibit the institution
                                                                                           from requesting or accepting assistance from a lender re-
                                                                                           lated to—
                                                                                                  (i) professional development training for financial
                                                                                                aid administrators;
                                                                                                  (ii) providing educational counseling materials, fi-
                                                                                                nancial literacy materials, or debt management mate-
                                                                                                rials to borrowers, provided that such materials dis-
                                                                                                close to borrowers the identification of any lender that
                                                                                                assisted in preparing or providing such materials; or
                                                                                                  (iii) staffing services on a short-term, nonrecurring
                                                                                                basis to assist the institution with financial aid-re-
                                                                                                lated functions during emergencies, including State-
                                                                                                declared or federally declared natural disasters, feder-
                                                                                                ally declared national disasters, and other localized
                                                                                                disasters and emergencies identified by the Secretary.
                                                                                         (7) ADVISORY BOARD COMPENSATION.—Any employee who is
                                                                                      employed in the financial aid office of the institution, or who
                                                                                      otherwise has responsibilities with respect to education loans
                                                                                      or other student financial aid of the institution, and who serves
                                                                                      on an advisory board, commission, or group established by a
                                                                                      lender, guarantor, or group of lenders or guarantors, shall be
                                                                                      prohibited from receiving anything of value from the lender,
                                                                                      guarantor, or group of lenders or guarantors, except that the
                                                                                      employee may be reimbursed for reasonable expenses incurred
                                                                                      in serving on such advisory board, commission, or group.
                                                                                   (f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.—
                                                                                         (1) IN GENERAL.—In the event the Secretary initiates the
                                                                                      limitation, suspension, or termination of the participation of an
                                                                                      institution of higher education in any program under this title
                                                                                      under the authority of subsection (c)(1)(F) or initiates an emer-
                                                                                      gency action under the authority of subsection (c)(1)(G) and its
                                                                                      prescribed regulations, the Secretary shall require that institu-
                                                                                      tion to prepare a teach-out plan for submission to the
                                                                                      institution‘s accrediting agency or association in compliance
                                                                                      with section 496(c)(3), the Secretary‘s regulations on teach-out
                                                                                      plans, and the standards of the institution‘s accrediting agency
                                                                                      or association.
                                                                                         (2) TEACH-OUT PLAN DEFINED.—In this subsection, the term
                                                                                      ‘‘teach-out plan’’ means a written plan that provides for the eq-
                                                                                      uitable treatment of students if an institution of higher edu-




dlhill on DSK120RN23PROD with HEARING
                                                                                      cation ceases to operate before all students have completed




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00084   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              85

                                                                                  their program of study, and may include, if required by the
                                                                                  institution‘s accrediting agency or association, an agreement
                                                                                  between institutions for such a teach-out plan.
                                                                                (g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.—The
                                                                              Inspector General of the Department shall—
                                                                                     (1) submit an annual report to the authorizing committees
                                                                                  identifying all violations of an institution‘s code of conduct that
                                                                                  the Inspector General has substantiated during the preceding
                                                                                  year relating to the gift ban provisions described in subsection
                                                                                  (e)(2); and
                                                                                     (2) make the report available to the public through the
                                                                                  Department‘s website.
                                                                                (h) PREFERRED LENDER LIST REQUIREMENTS.—
                                                                                     (1) IN GENERAL.—In compiling, maintaining, and making
                                                                                  available a preferred lender list as required under subsection
                                                                                  (a)(27), the institution will—
                                                                                          (A) clearly and fully disclose on such preferred lender
                                                                                       list—
                                                                                               (i) not less than the information required to be dis-
                                                                                            closed under section 153(a)(2)(A);
                                                                                               (ii) why the institution has entered into a preferred
                                                                                            lender arrangement with each lender on the preferred
                                                                                            lender list, particularly with respect to terms and con-
                                                                                            ditions or provisions favorable to the borrower; and
                                                                                               (iii) that the students attending the institution, or
                                                                                            the families of such students, do not have to borrow
                                                                                            from a lender on the preferred lender list;
                                                                                          (B) ensure, through the use of the list of lender affiliates
                                                                                       provided by the Secretary under paragraph (2), that—
                                                                                               (i) there are not less than three lenders of loans
                                                                                            made under part B that are not affiliates of each other
                                                                                            included on the preferred lender list and, if the insti-
                                                                                            tution recommends, promotes, or endorses private edu-
                                                                                            cation loans, there are not less than two lenders of pri-
                                                                                            vate education loans that are not affiliates of each
                                                                                            other included on the preferred lender list; and
                                                                                               (ii) the preferred lender list under this paragraph—
                                                                                                     (I) specifically indicates, for each listed lender,
                                                                                                  whether the lender is or is not an affiliate of each
                                                                                                  other lender on the preferred lender list; and
                                                                                                     (II) if a lender is an affiliate of another lender
                                                                                                  on the preferred lender list, describes the details
                                                                                                  of such affiliation;
                                                                                          (C) prominently disclose the method and criteria used by
                                                                                       the institution in selecting lenders with which to enter into
                                                                                       preferred lender arrangements to ensure that such lenders
                                                                                       are selected on the basis of the best interests of the bor-
                                                                                       rowers, including—
                                                                                               (i) payment of origination or other fees on behalf of
                                                                                            the borrower;
                                                                                               (ii) highly competitive interest rates, or other terms
                                                                                            and conditions or provisions of loans under this title or
                                                                                            private education loans;




dlhill on DSK120RN23PROD with HEARING
                                                                                               (iii) high-quality servicing for such loans; or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00085   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              86

                                                                                                (iv) additional benefits beyond the standard terms
                                                                                             and conditions or provisions for such loans;
                                                                                           (D) exercise a duty of care and a duty of loyalty to com-
                                                                                        pile the preferred lender list under this paragraph without
                                                                                        prejudice and for the sole benefit of the students attending
                                                                                        the institution, or the families of such students;
                                                                                           (E) not deny or otherwise impede the borrower‘s choice
                                                                                        of a lender or cause unnecessary delay in loan certification
                                                                                        under this title for those borrowers who choose a lender
                                                                                        that is not included on the preferred lender list; and
                                                                                           (F) comply with such other requirements as the Sec-
                                                                                        retary may prescribe by regulation.
                                                                                      (2) LENDER AFFILIATES LIST.—
                                                                                           (A) IN GENERAL.—The Secretary shall maintain and reg-
                                                                                        ularly update a list of lender affiliates of all eligible lend-
                                                                                        ers, and shall provide such list to institutions for use in
                                                                                        carrying out paragraph (1)(B).
                                                                                           (B) USE OF MOST RECENT LIST.—An institution shall use
                                                                                        the most recent list of lender affiliates provided by the Sec-
                                                                                        retary under subparagraph (A) in carrying out paragraph
                                                                                        (1)(B).
                                                                                (i) DEFINITIONS.—For the purpose of this section:
                                                                                      (1) AGENT.—The term ‘‘agent’’ has the meaning given the
                                                                                   term in section 151.
                                                                                      (2) AFFILIATE.—The term ‘‘affiliate’’ means a person that con-
                                                                                   trols, is controlled by, or is under common control with another
                                                                                   person. A person controls, is controlled by, or is under common
                                                                                   control with another person if—
                                                                                           (A) the person directly or indirectly, or acting through
                                                                                        one or more others, owns, controls, or has the power to
                                                                                        vote five percent or more of any class of voting securities
                                                                                        of such other person;
                                                                                           (B) the person controls, in any manner, the election of a
                                                                                        majority of the directors or trustees of such other person;
                                                                                        or
                                                                                           (C) the Secretary determines (after notice and oppor-
                                                                                        tunity for a hearing) that the person directly or indirectly
                                                                                        exercises a controlling interest over the management or
                                                                                        policies of such other person‘s education loans.
                                                                                      (3) EDUCATION LOAN.—The term ‘‘education loan’’ has the
                                                                                   meaning given the term in section 151.
                                                                                      (4) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
                                                                                   means any such institution described in section 102 of this Act.
                                                                                      (5) OFFICER.—The term ‘‘officer’’ has the meaning given the
                                                                                   term in section 151.
                                                                                      (6) PREFERRED LENDER ARRANGEMENT.—The term ‘‘preferred
                                                                                   lender arrangement’’ has the meaning given the term in sec-
                                                                                   tion 151.
                                                                                (j) CONSTRUCTION.—Nothing in the amendments made by the
                                                                              Higher Education Amendments of 1992 shall be construed to pro-
                                                                              hibit an institution from recording, at the cost of the institution, a
                                                                              hearing referred to in subsection (b)(2), subsection (c)(1)(D), or sub-
                                                                              paragraph (A) or (B)(i) of subsection (c)(2), of this section to create
                                                                              a record of the hearing, except the unavailability of a recording




dlhill on DSK120RN23PROD with HEARING
                                                                              shall not serve to delay the completion of the proceeding. The Sec-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00086   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              87

                                                                              retary shall allow the institution to use any reasonable means, in-
                                                                              cluding stenographers, of recording the hearing.
                                                                                         *            *           *               *           *         *           *

                                                                              TITLE VII—GRADUATE AND POSTSEC-
                                                                                ONDARY IMPROVEMENT PROGRAMS
                                                                                         *            *           *               *           *         *           *

                                                                              PART D—PROGRAMS TO PROVIDE STUDENTS
                                                                               WITH DISABILITIES WITH A QUALITY HIGH-
                                                                               ER EDUCATION
                                                                                         *            *           *               *           *         *           *

                                                                              Subpart 4—National Technical Assistance Center;
                                                                                          Coordinating Center
                                                                                         *            *           *               *           *         *           *
                                                                              SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDI-
                                                                                           NATING CENTER.
                                                                                (a) NATIONAL CENTER.—
                                                                                     (1) IN GENERAL.—øFrom amounts appropriated under section
                                                                                     778,¿ From amounts appropriated under paragraph (5), the
                                                                                     Secretary shall award a grant to, or enter into a contract or co-
                                                                                     operative agreement with, an eligible entity to provide for the
                                                                                     establishment and support of a National Center for Informa-
                                                                                     tion and Technical Support for Postsecondary Students with
                                                                                     Disabilities (in this subsection referred to as the ‘‘National
                                                                                     Center’’). The National Center shall carry out the duties set
                                                                                     forth in paragraph (4).
                                                                                        (2) ADMINISTRATION.—The program under this section shall
                                                                                     be administered by the office in the Department that admin-
                                                                                     isters other postsecondary education programs.
                                                                                        (3) ELIGIBLE ENTITY.—In this subpart, the term ‘‘eligible en-
                                                                                     tity’’ means an institution of higher education, a nonprofit or-
                                                                                     ganization, or partnership of two or more such institutions or
                                                                                     organizations, with demonstrated expertise in—
                                                                                              (A) supporting students with disabilities in postsec-
                                                                                           ondary education;
                                                                                              (B) technical knowledge necessary for the dissemination
                                                                                           of information in accessible formats;
                                                                                              (C) working with diverse types of institutions of higher
                                                                                           education, including community colleges; and
                                                                                              (D) the subjects supported by the grants, contracts, or
                                                                                           cooperative agreements authorized in subparts 1, 2, and 3.
                                                                                        (4) DUTIES.—The duties of the National Center shall include
                                                                                     the following:
                                                                                              (A) ASSISTANCE TO STUDENTS AND FAMILIES.—The Na-
                                                                                           tional Center shall provide information and technical as-




dlhill on DSK120RN23PROD with HEARING
                                                                                           sistance to students with disabilities and the families of




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00087   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              88

                                                                                           students with disabilities to support students across the
                                                                                           broad spectrum of disabilities, including—
                                                                                                   (i) information to assist individuals with disabilities
                                                                                                who are prospective students of an institution of high-
                                                                                                er education in planning for postsecondary education
                                                                                                while the students are in secondary school;
                                                                                                   (ii) information and technical assistance provided to
                                                                                                individualized education program teams (as defined in
                                                                                                section 614(d)(1) of the Individuals with Disabilities
                                                                                                Education Act) for secondary school students with dis-
                                                                                                abilities, and to early outreach and student services
                                                                                                programs, including programs authorized under sub-
                                                                                                parts 2, 4, and 5 of part A of title IV, to support stu-
                                                                                                dents across a broad spectrum of disabilities with the
                                                                                                successful transition to postsecondary education;
                                                                                                   (iii) research-based supports, services, and accom-
                                                                                                modations which are available in postsecondary set-
                                                                                                tings, including services provided by other agencies
                                                                                                such as vocational rehabilitation;
                                                                                                   (iv) information on student mentoring and net-
                                                                                                working opportunities for students with disabilities;
                                                                                                and
                                                                                                   (v) effective recruitment and transition programs at
                                                                                                postsecondary educational institutions.
                                                                                              (B) ASSISTANCE TO INSTITUTIONS OF HIGHER EDU-
                                                                                           CATION.—The National Center shall provide information
                                                                                           and technical assistance to faculty, staff, and administra-
                                                                                           tors of institutions of higher education to improve the serv-
                                                                                           ices provided to, the accommodations for, the retention
                                                                                           rates of, and the completion rates of, students with disabil-
                                                                                           ities in higher education settings, which may include—
                                                                                                   (i) collection and dissemination of best and prom-
                                                                                                ising practices and materials for accommodating and
                                                                                                supporting students with disabilities, including prac-
                                                                                                tices and materials supported by the grants, contracts,
                                                                                                or cooperative agreements authorized under subparts
                                                                                                1, 2, and 3;
                                                                                                   (ii) development and provision of training modules
                                                                                                for higher education faculty on exemplary practices for
                                                                                                accommodating and supporting postsecondary stu-
                                                                                                dents with disabilities across a range of academic
                                                                                                fields, which may include universal design for learning
                                                                                                and practices supported by the grants, contracts, or co-
                                                                                                operative agreements authorized under subparts 1, 2,
                                                                                                and 3; and
                                                                                                   (iii) development of technology-based tutorials for
                                                                                                higher education faculty and staff, including new fac-
                                                                                                ulty and graduate students, on best and promising
                                                                                                practices related to support and retention of students
                                                                                                with disabilities in postsecondary education.
                                                                                              (C) INFORMATION COLLECTION AND DISSEMINATION.—The
                                                                                           National Center shall be responsible for building, main-
                                                                                           taining, and updating a database of disability support
                                                                                           services information with respect to institutions of higher




dlhill on DSK120RN23PROD with HEARING
                                                                                           education, or for expanding and updating an existing data-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00088   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              89

                                                                                          base of disabilities support services information with re-
                                                                                          spect to institutions of higher education. Such database
                                                                                          shall be available to the general public through a website
                                                                                          built to high technical standards of accessibility prac-
                                                                                          ticable for the broad spectrum of individuals with disabil-
                                                                                          ities. Such database and website shall include available in-
                                                                                          formation on—
                                                                                                  (i) disability documentation requirements;
                                                                                                  (ii) support services available;
                                                                                                  (iii) links to financial aid;
                                                                                                  (iv) accommodations policies;
                                                                                                  (v) accessible instructional materials;
                                                                                                  (vi) other topics relevant to students with disabil-
                                                                                               ities; and
                                                                                                  (vii) the information in the report described in sub-
                                                                                               paragraph (E).
                                                                                             (D) DISABILITY SUPPORT SERVICES.—The National Center
                                                                                          shall work with organizations and individuals with proven
                                                                                          expertise related to disability support services for postsec-
                                                                                          ondary students with disabilities to evaluate, improve, and
                                                                                          disseminate information related to the delivery of high
                                                                                          quality disability support services at institutions of higher
                                                                                          education.
                                                                                             (E) REVIEW AND REPORT.—Not later than three years
                                                                                          after the establishment of the National Center, and every
                                                                                          two years thereafter, the National Center shall prepare
                                                                                          and disseminate a report to the Secretary and the author-
                                                                                          izing committees analyzing the condition of postsecondary
                                                                                          success for students with disabilities. Such report shall in-
                                                                                          clude—
                                                                                                  (i) a review of the activities and the effectiveness of
                                                                                               the programs authorized under this part;
                                                                                                  (ii) annual enrollment and graduation rates of stu-
                                                                                               dents with disabilities in institutions of higher edu-
                                                                                               cation from publicly reported data;
                                                                                                  (iii) recommendations for effective postsecondary
                                                                                               supports and services for students with disabilities,
                                                                                               and how such supports and services may be widely im-
                                                                                               plemented at institutions of higher education;
                                                                                                  (iv) recommendations on reducing barriers to full
                                                                                               participation for students with disabilities in higher
                                                                                               education; and
                                                                                                  (v) a description of strategies with a demonstrated
                                                                                               record of effectiveness in improving the success of such
                                                                                               students in postsecondary education.
                                                                                             (F) STAFFING OF THE CENTER.—In hiring employees of
                                                                                          the National Center, the National Center shall consider
                                                                                          the expertise and experience of prospective employees in
                                                                                          providing training and technical assistance to practi-
                                                                                          tioners.
                                                                                        (5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
                                                                                     to be appropriated to carry out this subsection $2,000,000 for
                                                                                     each of fiscal years 2023 through 2027.




dlhill on DSK120RN23PROD with HEARING
                                                                                   (b) COORDINATING CENTER.—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00089   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              90

                                                                                        (1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, the
                                                                                     term ‘‘eligible entity’’ means an entity, or a partnership of enti-
                                                                                     ties, that has demonstrated expertise in the fields of—
                                                                                             (A) higher education;
                                                                                             (B) the education of students with intellectual disabil-
                                                                                          ities;
                                                                                             (C) the development of comprehensive transition and
                                                                                          postsecondary programs for students with intellectual dis-
                                                                                          abilities; and
                                                                                             (D) evaluation and technical assistance.
                                                                                        (2) IN GENERAL.—From amounts appropriated under section
                                                                                     778, the Secretary shall enter into a cooperative agreement, on
                                                                                     a competitive basis, with an eligible entity for the purpose of
                                                                                     establishing a coordinating center for institutions of higher
                                                                                     education that offer inclusive comprehensive transition and
                                                                                     postsecondary programs for students with intellectual disabil-
                                                                                     ities, including institutions participating in grants authorized
                                                                                     under subpart 2, to provide—
                                                                                             (A) recommendations related to the development of
                                                                                          standards for such programs;
                                                                                             (B) technical assistance for such programs; and
                                                                                             (C) evaluations for such programs.
                                                                                        (3) ADMINISTRATION.—The program under this subsection
                                                                                     shall be administered by the office in the Department that ad-
                                                                                     ministers other postsecondary education programs.
                                                                                        (4) DURATION.—The Secretary shall enter into a cooperative
                                                                                     agreement under this subsection for a period of five years.
                                                                                        (5) REQUIREMENTS OF COOPERATIVE AGREEMENT.—The eligi-
                                                                                     ble entity entering into a cooperative agreement under this
                                                                                     subsection shall establish and maintain a coordinating center
                                                                                     that shall—
                                                                                             (A) serve as the technical assistance entity for all com-
                                                                                          prehensive transition and postsecondary programs for stu-
                                                                                          dents with intellectual disabilities;
                                                                                             (B) provide technical assistance regarding the develop-
                                                                                          ment, evaluation, and continuous improvement of such
                                                                                          programs;
                                                                                             (C) develop an evaluation protocol for such programs
                                                                                          that includes qualitative and quantitative methodologies
                                                                                          for measuring student outcomes and program strengths in
                                                                                          the areas of academic enrichment, socialization, inde-
                                                                                          pendent living, and competitive or supported employment;
                                                                                             (D) assist recipients of grants under subpart 2 in efforts
                                                                                          to award a meaningful credential to students with intellec-
                                                                                          tual disabilities upon the completion of such programs,
                                                                                          which credential shall take into consideration unique State
                                                                                          factors;
                                                                                             (E) develop recommendations for the necessary compo-
                                                                                          nents of such programs, such as—
                                                                                                  (i) academic, vocational, social, and independent liv-
                                                                                               ing skills;
                                                                                                  (ii) evaluation of student progress;
                                                                                                  (iii) program administration and evaluation;




dlhill on DSK120RN23PROD with HEARING
                                                                                                  (iv) student eligibility; and




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00090   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              91

                                                                                                 (v) issues regarding the equivalency of a student‘s
                                                                                               participation in such programs to semester, trimester,
                                                                                               quarter, credit, or clock hours at an institution of
                                                                                               higher education, as the case may be;
                                                                                            (F) analyze possible funding streams for such programs
                                                                                         and provide recommendations regarding the funding
                                                                                         streams;
                                                                                            (G) develop model memoranda of agreement for use be-
                                                                                         tween or among institutions of higher education and State
                                                                                         and local agencies providing funding for such programs;
                                                                                            (H) develop mechanisms for regular communication, out-
                                                                                         reach and dissemination of information about comprehen-
                                                                                         sive transition and postsecondary programs for students
                                                                                         with intellectual disabilities under subpart 2 between or
                                                                                         among such programs and to families and prospective stu-
                                                                                         dents;
                                                                                            (I) host a meeting of all recipients of grants under sub-
                                                                                         part 2 not less often than once each year; and
                                                                                            (J) convene a workgroup to develop and recommend
                                                                                         model criteria, standards, and components of such pro-
                                                                                         grams as described in subparagraph (E), that are appro-
                                                                                         priate for the development of accreditation standards,
                                                                                         which workgroup shall include—
                                                                                                 (i) an expert in higher education;
                                                                                                 (ii) an expert in special education;
                                                                                                 (iii) a disability organization that represents stu-
                                                                                               dents with intellectual disabilities;
                                                                                                 (iv) a representative from the National Advisory
                                                                                               Committee on Institutional Quality and Integrity; and
                                                                                                 (v) a representative of a regional or national accredi-
                                                                                               tation agency or association.
                                                                                       (6) REPORT.—Not later than five years after the date of the
                                                                                     establishment of the coordinating center under this subsection,
                                                                                     the coordinating center shall report to the Secretary, the au-
                                                                                     thorizing committees, and the National Advisory Committee on
                                                                                     Institutional Quality and Integrity on the recommendations of
                                                                                     the workgroup described in paragraph (5)(J).
                                                                                         *            *           *               *           *         *           *

                                                                                   EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
                                                                                                     1974
                                                                                         *            *           *               *           *         *           *
                                                                                   TITLE I—PROTECTION OF EMPLOYEE BENEFIT RIGHTS
                                                                                         *            *           *               *           *         *           *
                                                                                                    SUBTITLE B—REGULATORY PROVISIONS
                                                                                         *            *           *               *           *         *           *
                                                                                                      PART 4—FIDUCIARY RESPONSIBILITY




dlhill on DSK120RN23PROD with HEARING
                                                                                         *            *           *               *           *         *           *




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00091   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              92

                                                                                                              ESTABLISHMENT OF PLAN

                                                                                SEC. 402. (a)(1) Every employee benefit plan shall be established
                                                                              and maintained pursuant to a written instrument. Such instru-
                                                                              ment shall provide for one or more named fiduciaries who jointly
                                                                              or severally shall have authority to control and manage the oper-
                                                                              ation and administration of the plan.
                                                                                (2) For purposes of this title, the term ‘‘named fiduciary’’ means
                                                                              a fiduciary who is named in the plan instrument, or who, pursuant
                                                                              to a procedure specified in the plan, is identified as a fiduciary (A)
                                                                              by a person who is an employer or employee organization with re-
                                                                              spect to the plan or (B) by such an employer and such an employee
                                                                              organization acting jointly.
                                                                                (b) Every employee benefit plan shall—
                                                                                      (1) provide a procedure for establishing and carrying out a
                                                                                   funding policy and method consistent with the objectives of the
                                                                                   plan and the requirements of this title,
                                                                                      (2) describe any procedure under the plan for the allocation
                                                                                   of responsibilities for the operation and administration of the
                                                                                   plan (including any procedure described in section 405(c)(1)),
                                                                                      (3) provide a procedure for amending such plan, and for iden-
                                                                                   tifying the persons who have authority to amend the plan, and
                                                                                      (4) specify the basis on which payments are made to and
                                                                                   from the plan.
                                                                                (c) Any employee benefit plan may provide—
                                                                                      (1) that any person or group of persons may serve in more
                                                                                   than one fiduciary capacity with respect to the plan (including
                                                                                   service both as trustee and administrator);
                                                                                      (2) that a named fiduciary, or a fiduciary designated by a
                                                                                   named fiduciary pursuant to a plan procedure described in sec-
                                                                                   tion 405(c)(1), may employ one or more persons to render ad-
                                                                                   vice with regard to any responsibility such fiduciary has under
                                                                                   the plan; or
                                                                                      (3) that a person who is a named fiduciary with respect to
                                                                                   control or management of the assets of the plan may appoint
                                                                                   an investment manager or managers to manage (including the
                                                                                   power to acquire and dispose of) any assets of a plan.
                                                                                (d)(1) No covered person may—
                                                                                      (A) require participants or beneficiaries to agree to a
                                                                                   predispute arbitration provision as a condition for participation
                                                                                   in, or receipt of benefits under, a plan;
                                                                                      (B) agree to a postdispute arbitration provision with a partic-
                                                                                   ipant or beneficiary with respect to a plan or plan benefit unless
                                                                                   the conditions of clauses (i) through (iv) of section 502(n)(1)(B)
                                                                                   are satisfied with respect to such provision; or
                                                                                      (C) agree to any other covered provision with respect to a plan
                                                                                   or plan benefit under any circumstances under which such pro-
                                                                                   vision would not be valid and enforceable under subparagraphs
                                                                                   (C) through (E) section 502(n)(1).
                                                                                (2) In this subsection—
                                                                                      (A) the term ‘‘covered person’’ means—
                                                                                           (i) a plan;
                                                                                           (ii) a plan sponsor;




dlhill on DSK120RN23PROD with HEARING
                                                                                           (iii) an employer; or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00092   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              93

                                                                                             (iv) a person engaged by a plan for purposes of admin-
                                                                                          istering or operating the plan; and
                                                                                       (B) the terms ‘‘covered provision’’, ‘‘predispute arbitration pro-
                                                                                     vision’’ and ‘‘postdispute arbitration provision’’ have the mean-
                                                                                     ings given such terms in section 502(n)(2).
                                                                                         *            *           *               *           *         *           *
                                                                                                PART 5—ADMINISTRATION AND ENFORCEMENT
                                                                                         *            *           *               *           *         *           *
                                                                                                                 CIVIL ENFORCEMENT

                                                                                   SEC. 502. (a) A civil action may be brought—
                                                                                        (1) by a participant or beneficiary—
                                                                                              (A) for the relief provided for in subsection (c) of this sec-
                                                                                           tion, or
                                                                                              (B) to recover benefits due to him under the terms of his
                                                                                           plan, to enforce his rights under the terms of the plan, or
                                                                                           to clarify his rights to future benefits under the terms of
                                                                                           the plan;
                                                                                        (2) by the Secretary, or by a participant, beneficiary or fidu-
                                                                                     ciary for appropriate relief under section 409;
                                                                                        (3) by a participant, beneficiary, or fiduciary (A) to enjoin
                                                                                     any act or practice which violates any provision of this title or
                                                                                     the terms of the plan, øor (B)¿ (B) to obtain other appropriate
                                                                                     equitable relief (i) to redress such violations or (ii) to enforce
                                                                                     any provisions of this title or the terms of the plan, or (C) to
                                                                                     require re-adjudication and payment of benefits to remedy vio-
                                                                                     lations of this title notwithstanding the availability of relief
                                                                                     under other provisions of this title;
                                                                                        (4) by the Secretary, or by a participant, or beneficiary for
                                                                                     appropriate relief in the case of a violation of 105(c);
                                                                                        (5) except as otherwise provided in subsection (b), by the Sec-
                                                                                     retary (A) to enjoin any act or practice which violates any pro-
                                                                                     vision of this title, øor (B)¿ (B) to obtain other appropriate eq-
                                                                                     uitable relief (i) to redress such violation or (ii) to enforce any
                                                                                     provision of this title, or (C) to require re-adjudication and pay-
                                                                                     ment of benefits to remedy violations of this title notwith-
                                                                                     standing the availability of relief under other provisions of this
                                                                                     title;
                                                                                        (6) by the Secretary to collect any civil penalty under para-
                                                                                     graph (2), (4), (5), (6), (7), (8), or (9) of subsection (c) or under
                                                                                     subsection (i) or (l);
                                                                                        (7) by a State to enforce compliance with a qualified medical
                                                                                     child support order (as defined in section 609(a)(2)(A));
                                                                                        (8) by the Secretary, or by an employer or other person re-
                                                                                     ferred to in section 101(f)(1), (A) to enjoin any act or practice
                                                                                     which violates subsection (f) of section 101, or (B) to obtain ap-
                                                                                     propriate equitable relief (i) to redress such violation or (ii) to
                                                                                     enforce such subsection;
                                                                                        (9) in the event that the purchase of an insurance contract
                                                                                     or insurance annuity in connection with termination of an
                                                                                     individual‘s status as a participant covered under a pension
                                                                                     plan with respect to all or any portion of the participant‘s pen-




dlhill on DSK120RN23PROD with HEARING
                                                                                     sion benefit under such plan constitutes a violation of part 4




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00093   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              94

                                                                                     of this title or the terms of the plan, by the Secretary, by any
                                                                                     individual who was a participant or beneficiary at the time of
                                                                                     the alleged violation, or by a fiduciary, to obtain appropriate
                                                                                     relief, including the posting of security if necessary, to assure
                                                                                     receipt by the participant or beneficiary of the amounts pro-
                                                                                     vided or to be provided by such insurance contract or annuity,
                                                                                     plus reasonable prejudgment interest on such amounts;
                                                                                        (10) in the case of a multiemployer plan that has been cer-
                                                                                     tified by the actuary to be in endangered or critical status
                                                                                     under section 305, if the plan sponsor—
                                                                                             (A) has not adopted a funding improvement or rehabili-
                                                                                          tation plan under that section by the deadline established
                                                                                          in such section, or
                                                                                             (B) fails to update or comply with the terms of the fund-
                                                                                          ing improvement or rehabilitation plan in accordance with
                                                                                          the requirements of such section,
                                                                                     by an employer that has an obligation to contribute with re-
                                                                                     spect to the multiemployer plan or an employee organization
                                                                                     that represents active participants in the multiemployer plan,
                                                                                     for an order compelling the plan sponsor to adopt a funding
                                                                                     improvement or rehabilitation plan or to update or comply
                                                                                     with the terms of the funding improvement or rehabilitation
                                                                                     plan in accordance with the requirements of such section and
                                                                                     the funding improvement or rehabilitation plan; øor¿
                                                                                        (11) in the case of a multiemployer plan, by an employee rep-
                                                                                     resentative, or any employer that has an obligation to con-
                                                                                     tribute to the plan, (A) to enjoin any act or practice which vio-
                                                                                     lates subsection (k) of section 101 (or, in the case of an em-
                                                                                     ployer, subsection (l) of such section), or (B) to obtain appro-
                                                                                     priate equitable relief (i) to redress such violation or (ii) to en-
                                                                                     force such subsectionø.¿; or
                                                                                        (12) in any case relating to the provision of mental health
                                                                                     benefits and substance use disorder benefits under a group
                                                                                     health plan or under group health insurance coverage offered
                                                                                     by a health insurance issuer in connection with a group health
                                                                                     plan (as such terms are defined in section 733), by the Sec-
                                                                                     retary, or by a participant, beneficiary, or fiduciary, to enforce
                                                                                     any provision of this title or the terms of the plan or coverage
                                                                                     relating to such benefits against a group health plan, a health
                                                                                     insurance issuer, a fiduciary of a plan, or any other person that
                                                                                     contracts with a group health plan to provide group health in-
                                                                                     surance coverage or assistance in the administration of a group
                                                                                     health plan (including a third party administrator, managed
                                                                                     behavioral health organization, and a pharmacy benefit man-
                                                                                     ager), if such person participates in or conceals a violation of
                                                                                     any requirement of part 7 relating to such benefits or a wrong-
                                                                                     ful denial of a claim for mental health benefits or substance use
                                                                                     disorder benefits under the terms of the plan or coverage, to ob-
                                                                                     tain appropriate relief, in addition to any other relief otherwise
                                                                                     available under this section, including—
                                                                                             (A) to recover all losses to participants and beneficiaries;
                                                                                             (B) to reform impermissible plan or coverage terms and
                                                                                          policies (as written or in operation) in accordance with the
                                                                                          requirements of this title and its implementing regulations;




dlhill on DSK120RN23PROD with HEARING
                                                                                          or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00094   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              95

                                                                                           (C) to ensure the readjudication of claims and payment
                                                                                        of benefits in accordance with the plan or coverage terms
                                                                                        without any impermissible limitation, plan or coverage
                                                                                        term, or policy.
                                                                                 (b)(1) In the case of a plan which is qualified under section
                                                                              401(a), 403(a), or 405(a) of the Internal Revenue Code of 1986 (or
                                                                              with respect to which an application to so qualify has been filed
                                                                              and has not been finally determined) the Secretary may exercise
                                                                              his authority under subsection (a)(5) with respect to a violation of,
                                                                              or the enforcement of, parts 2 and 3 of this subtitle (relating to par-
                                                                              ticipation, vesting, and funding), only if—
                                                                                      (A) requested by the Secretary of the Treasury, or
                                                                                      (B) one or more participants, beneficiaries, or fiduciaries, of
                                                                                    such plan request in writing (in such manner as the Secretary
                                                                                    shall prescribe by regulation) that he exercise such authority
                                                                                    on their behalf. In the case of such a request under this para-
                                                                                    graph he may exercise such authority only if he determines
                                                                                    that such violation affects, or such enforcement is necessary to
                                                                                    protect, claims of participants or beneficiaries to benefits under
                                                                                    the plan.
                                                                                 (2) The Secretary shall not initiate an action to enforce section
                                                                              515.
                                                                                 (3) Except as provided in subsections (c)(9) and (a)(6) (with re-
                                                                              spect to collecting civil penalties under subsection (c)(9)), and ex-
                                                                              cept with respect to enforcement by the Secretary of section 712 or
                                                                              any other provision of part 7 in any case relating to mental health
                                                                              benefits and substance use disorder benefits, the Secretary is not
                                                                              authorized to enforce under this part any requirement of part 7
                                                                              against a health insurance issuer offering health insurance cov-
                                                                              erage in connection with a group health plan (as defined in section
                                                                              ø706(a)(1)¿ 733(a)(1)). Nothing in this paragraph shall affect the
                                                                              authority of the Secretary to issue regulations to carry out such
                                                                              part.
                                                                                 (c)(1) Any administrator (A) who fails to meet the requirements
                                                                              of paragraph (1) or (4) of section 606, section 101(e)(1), section
                                                                              101(f), or section 105(a) with respect to a participant or beneficiary,
                                                                              or (B) who fails or refuses to comply with a request for any infor-
                                                                              mation which such administrator is required by this title to furnish
                                                                              to a participant or beneficiary (unless such failure or refusal re-
                                                                              sults from matters reasonably beyond the control of the adminis-
                                                                              trator) by mailing the material requested to the last known address
                                                                              of the requesting participant or beneficiary within 30 days after
                                                                              such request may in the court‘s discretion be personally liable to
                                                                              such participant or beneficiary in the amount of up to $100 a day
                                                                              from the date of such failure or refusal, and the court may in its
                                                                              discretion order such other relief as it deems proper. For purposes
                                                                              of this paragraph, each violation described in subparagraph (A)
                                                                              with respect to any single participant, and each violation described
                                                                              in subparagraph (B) with respect to any single participant or bene-
                                                                              ficiary, shall be treated as a separate violation.
                                                                                 (2) The Secretary may assess a civil penalty against any plan ad-
                                                                              ministrator of up to $1,000 a day from the date of such plan
                                                                              administrator‘s failure or refusal to file the annual report required
                                                                              to be filed with the Secretary under section 101(b)(1). For purposes




dlhill on DSK120RN23PROD with HEARING
                                                                              of this paragraph, an annual report that has been rejected under




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00095   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              96

                                                                              section 104(a)(4) for failure to provide material information shall
                                                                              not be treated as having been filed with the Secretary.
                                                                                 (3) Any employer maintaining a plan who fails to meet the notice
                                                                              requirement of section 101(d) with respect to any participant or
                                                                              beneficiary or who fails to meet the requirements of section
                                                                              101(e)(2) with respect to any person or who fails to meet the re-
                                                                              quirements of section 302(d)(12)(E) with respect to any person may
                                                                              in the court‘s discretion be liable to such participant or beneficiary
                                                                              or to such person in the amount of up to $100 a day from the date
                                                                              of such failure, and the court may in its discretion order such other
                                                                              relief as it deems proper.
                                                                                 (4) The Secretary may assess a civil penalty of not more than
                                                                              $1,000 a day for each violation by any person of subsection (j), (k),
                                                                              or (l) of section 101 or section 514(e)(3).
                                                                                 (5) The Secretary may assess a civil penalty against any person
                                                                              of up to $1,000 a day from the date of the person‘s failure or re-
                                                                              fusal to file the information required to be filed by such person
                                                                              with the Secretary under regulations prescribed pursuant to sec-
                                                                              tion 101(g).
                                                                                 (6) If, within 30 days of a request by the Secretary to a plan ad-
                                                                              ministrator for documents under section 104(a)(6), the plan admin-
                                                                              istrator fails to furnish the material requested to the Secretary, the
                                                                              Secretary may assess a civil penalty against the plan administrator
                                                                              of up to $100 a day from the date of such failure (but in no event
                                                                              in excess of $1,000 per request). No penalty shall be imposed under
                                                                              this paragraph for any failure resulting from matters reasonably
                                                                              beyond the control of the plan administrator.
                                                                                 (7) The Secretary may assess a civil penalty against a plan ad-
                                                                              ministrator of up to $100 a day from the date of the plan
                                                                              administrator‘s failure or refusal to provide notice to participants
                                                                              and beneficiaries in accordance with subsection (i) or (m) of section
                                                                              101. For purposes of this paragraph, each violation with respect to
                                                                              any single participant or beneficiary shall be treated as a separate
                                                                              violation.
                                                                                      (8) The Secretary may assess against any plan sponsor of a
                                                                                   multiemployer plan a civil penalty of not more than $1,100 per
                                                                                   day—
                                                                                           (A) for each violation by such sponsor of the requirement
                                                                                         under section 305 to adopt by the deadline established in
                                                                                         that section a funding improvement plan or rehabilitation
                                                                                         plan with respect to a multiemployer plan which is in en-
                                                                                         dangered or critical status, or
                                                                                           (B) in the case of a plan in endangered status which is
                                                                                         not in seriously endangered status, for failure by the plan
                                                                                         to meet the applicable benchmarks under section 305 by
                                                                                         the end of the funding improvement period with respect to
                                                                                         the plan.
                                                                                 (9)(A) The Secretary may assess a civil penalty against any em-
                                                                              ployer of up to $100 a day from the date of the employer‘s failure
                                                                              to meet the notice requirement of section 701(f)(3)(B)(i)(I). For pur-
                                                                              poses of this subparagraph, each violation with respect to any sin-
                                                                              gle employee shall be treated as a separate violation.
                                                                                 (B) The Secretary may assess a civil penalty against any plan ad-
                                                                              ministrator of up to $100 a day from the date of the plan




dlhill on DSK120RN23PROD with HEARING
                                                                              administrator‘s failure to timely provide to any State the informa-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00096   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              97

                                                                              tion required to be disclosed under section 701(f)(3)(B)(ii). For pur-
                                                                              poses of this subparagraph, each violation with respect to any sin-
                                                                              gle participant or beneficiary shall be treated as a separate viola-
                                                                              tion.
                                                                                     (10) SECRETARIAL ENFORCEMENT AUTHORITY RELATING TO
                                                                                   USE OF GENETIC INFORMATION.—
                                                                                         (A) GENERAL RULE.—The Secretary may impose a pen-
                                                                                       alty against any plan sponsor of a group health plan, or
                                                                                       any health insurance issuer offering health insurance cov-
                                                                                       erage in connection with the plan, for any failure by such
                                                                                       sponsor or issuer to meet the requirements of subsection
                                                                                       (a)(1)(F), (b)(3), (c), or (d) of section 702 or section 701 or
                                                                                       702(b)(1) with respect to genetic information, in connection
                                                                                       with the plan.
                                                                                         (B) AMOUNT.—
                                                                                               (i) IN GENERAL.—The amount of the penalty imposed
                                                                                            by subparagraph (A) shall be $100 for each day in the
                                                                                            noncompliance period with respect to each participant
                                                                                            or beneficiary to whom such failure relates.
                                                                                               (ii) NONCOMPLIANCE PERIOD.—For purposes of this
                                                                                            paragraph, the term ‘‘noncompliance period’’ means,
                                                                                            with respect to any failure, the period—
                                                                                                    (I) beginning on the date such failure first oc-
                                                                                                  curs; and
                                                                                                    (II) ending on the date the failure is corrected.
                                                                                         (C) MINIMUM PENALTIES WHERE FAILURE DISCOVERED.—
                                                                                       Notwithstanding clauses (i) and (ii) of subparagraph (D):
                                                                                               (i) IN GENERAL.—In the case of 1 or more failures
                                                                                            with respect to a participant or beneficiary—
                                                                                                    (I) which are not corrected before the date on
                                                                                                  which the plan receives a notice from the Sec-
                                                                                                  retary of such violation; and
                                                                                                    (II) which occurred or continued during the pe-
                                                                                                  riod involved;
                                                                                            the amount of penalty imposed by subparagraph (A)
                                                                                            by reason of such failures with respect to such partici-
                                                                                            pant or beneficiary shall not be less than $2,500.
                                                                                               (ii) HIGHER MINIMUM PENALTY WHERE VIOLATIONS
                                                                                            ARE MORE THAN DE MINIMIS.—To the extent violations
                                                                                            for which any person is liable under this paragraph for
                                                                                            any year are more than de minimis, clause (i) shall be
                                                                                            applied by substituting ‘‘$15,000’’ for ‘‘$2,500’’ with re-
                                                                                            spect to such person.
                                                                                         (D) LIMITATIONS.—
                                                                                               (i) PENALTY NOT TO APPLY WHERE FAILURE NOT DIS-
                                                                                            COVERED EXERCISING REASONABLE DILIGENCE.—No
                                                                                            penalty shall be imposed by subparagraph (A) on any
                                                                                            failure during any period for which it is established to
                                                                                            the satisfaction of the Secretary that the person other-
                                                                                            wise liable for such penalty did not know, and exer-
                                                                                            cising reasonable diligence would not have known,
                                                                                            that such failure existed.
                                                                                               (ii) PENALTY NOT TO APPLY TO FAILURES CORRECTED
                                                                                            WITHIN CERTAIN PERIODS.—No penalty shall be im-




dlhill on DSK120RN23PROD with HEARING
                                                                                            posed by subparagraph (A) on any failure if—




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00097   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              98

                                                                                                     (I) such failure was due to reasonable cause and
                                                                                                  not to willful neglect; and
                                                                                                     (II) such failure is corrected during the 30-day
                                                                                                  period beginning on the first date the person oth-
                                                                                                  erwise liable for such penalty knew, or exercising
                                                                                                  reasonable diligence would have known, that such
                                                                                                  failure existed.
                                                                                               (iii) OVERALL LIMITATION FOR UNINTENTIONAL FAIL-
                                                                                             URES.—In the case of failures which are due to reason-
                                                                                             able cause and not to willful neglect, the penalty im-
                                                                                             posed by subparagraph (A) for failures shall not ex-
                                                                                             ceed the amount equal to the lesser of—
                                                                                                     (I) 10 percent of the aggregate amount paid or
                                                                                                  incurred by the plan sponsor (or predecessor plan
                                                                                                  sponsor) during the preceding taxable year for
                                                                                                  group health plans; or
                                                                                                     (II) $500,000.
                                                                                           (E) WAIVER BY SECRETARY.—In the case of a failure
                                                                                         which is due to reasonable cause and not to willful neglect,
                                                                                         the Secretary may waive part or all of the penalty imposed
                                                                                         by subparagraph (A) to the extent that the payment of
                                                                                         such penalty would be excessive relative to the failure in-
                                                                                         volved.
                                                                                           (F) DEFINITIONS.—Terms used in this paragraph which
                                                                                         are defined in section 733 shall have the meanings pro-
                                                                                         vided such terms in such section.
                                                                                 (11) The Secretary and the Secretary of Health and Human Serv-
                                                                              ices shall maintain such ongoing consultation as may be necessary
                                                                              and appropriate to coordinate enforcement under this subsection
                                                                              with enforcement under section 1144(c)(8) of the Social Security
                                                                              Act.
                                                                                      (12) The Secretary may assess a civil penalty against any
                                                                                    sponsor of a CSEC plan of up to $100 a day from the date of
                                                                                    the plan sponsor‘s failure to comply with the requirements of
                                                                                    section 306(j)(3) to establish or update a funding restoration
                                                                                    plan.
                                                                                 (d)(1) An employee benefit plan may sue or be sued under this
                                                                              title as an entity. Service of summons, subpena, or other legal proc-
                                                                              ess of a court upon a trustee or an administrator of an employee
                                                                              benefit plan in his capacity as such shall constitute service upon
                                                                              the employee benefit plan. In a case where a plan has not des-
                                                                              ignated in the summary plan description of the plan an individual
                                                                              as agent for the service of legal process, service upon the Secretary
                                                                              shall constitute such service. The Secretary, not later than 15 days
                                                                              after receipt of service under the preceding sentence, shall notify
                                                                              the administrator or any trustee of the plan of receipt of such serv-
                                                                              ice.
                                                                                 (2) Any money judgment under this title against an employee
                                                                              benefit plan shall be enforceable only against the plan as an entity
                                                                              and shall not be enforceable against any other person unless liabil-
                                                                              ity against such person is established in his individual capacity
                                                                              under this title.
                                                                                 (e)(1) Except for actions under subsection (a)(1)(B) of this section,
                                                                              the district courts of the United States shall have exclusive juris-




dlhill on DSK120RN23PROD with HEARING
                                                                              diction of civil actions under this title brought by the Secretary or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00098   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              99

                                                                              by a participant, beneficiary, fiduciary, or any person referred to in
                                                                              section 101(f)(1). State courts of competent jurisdiction and district
                                                                              courts of the United States shall have concurrent jurisdiction of ac-
                                                                              tions under paragraphs (1)(B) and (7) of subsection (a) of this sec-
                                                                              tion.
                                                                                 (2) Where an action under this title is brought in a district court
                                                                              of the United States, it may be brought in the district where the
                                                                              plan is administered, where the breach took place, or where a de-
                                                                              fendant resides or may be found, and process may be served in any
                                                                              other district where a defendant resides or may be found.
                                                                                 (f) The district courts of the United States shall have jurisdiction,
                                                                              without respect to the amount in controversy or the citizenship of
                                                                              the parties, to grant the relief provided for in subsection (a) of this
                                                                              section in any action.
                                                                                 (g)(1) In any action under this title (other than an action de-
                                                                              scribed in paragraph (2)) by a participant, beneficiary, or fiduciary,
                                                                              the court in its discretion may allow a reasonable attorney‘s fee
                                                                              and costs of action to either party.
                                                                                 (2) In any action under this title by a fiduciary for or on behalf
                                                                              of a plan to enforce section 515 in which a judgment in favor of the
                                                                              plan is awarded, the court shall award the plan—
                                                                                      (A) the unpaid contributions,
                                                                                      (B) interest on the unpaid contributions,
                                                                                      (C) an amount equal to the greater of—
                                                                                           (i) interest on the unpaid contributions, or
                                                                                           (ii) liquidated damages provided for under the plan in an
                                                                                        amount not in excess of 20 percent (or such higher per-
                                                                                        centage as may be permitted under Federal or State law)
                                                                                        of the amount determined by the court under subpara-
                                                                                        graph (A),
                                                                                      (D) reasonable attorney‘s fees and costs of the action, to be
                                                                                    paid by the defendant, and
                                                                                      (E) such other legal or equitable relief as the court deems ap-
                                                                                    propriate.
                                                                              For purposes of this paragraph, interest on unpaid contributions
                                                                              shall be determined by using the rate provided under the plan, or,
                                                                              if none, the rate prescribed under section 6621 of the Internal Rev-
                                                                              enue Code of 1986.
                                                                                 (h) A copy of the complaint in any action under this title by a
                                                                              participant, beneficiary, or fiduciary (other than an action brought
                                                                              by one or more participants or beneficiaries under subsection
                                                                              (a)(1)(B) which is solely for the purpose of recovering benefits due
                                                                              such participants under the terms of the plan) shall be served upon
                                                                              the Secretary and the Secretary of the Treasury by certified mail.
                                                                              Either Secretary shall have the right in his discretion to intervene
                                                                              in any action, except that the Secretary of the Treasury may not
                                                                              intervene in any action under part 4 of this subtitle. If the Sec-
                                                                              retary brings an action under subsection (a) on behalf of a partici-
                                                                              pant or beneficiary, he shall notify the Secretary of the Treasury.
                                                                                 (i) In the case of a transaction prohibited by section 406 by a
                                                                              party in interest with respect to a plan to which this part applies,
                                                                              the Secretary may assess a civil penalty against such party in in-
                                                                              terest. The amount of such penalty may not exceed 5 percent of the
                                                                              amount involved in each such transaction (as defined in section




dlhill on DSK120RN23PROD with HEARING
                                                                              4975(f)(4) of the Internal Revenue Code of 1986) for each year or




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00099   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              100

                                                                              part thereof during which the prohibited transaction continues, ex-
                                                                              cept that, if the transaction is not corrected (in such manner as the
                                                                              Secretary shall prescribe in regulations which shall be consistent
                                                                              with section 4975(f)(5) of such Code) within 90 days after notice
                                                                              from the Secretary (or such longer period as the Secretary may per-
                                                                              mit), such penalty may be in an amount not more than 100 percent
                                                                              of the amount involved. This subsection shall not apply to a trans-
                                                                              action with respect to a plan described in section 4975(e)(1) of such
                                                                              Code.
                                                                                 (j) In all civil actions under this title, attorneys appointed by the
                                                                              Secretary may represent the Secretary (except as provided in sec-
                                                                              tion 518(a) of title 28, United States Code), but all such litigation
                                                                              shall be subject to the direction and control of the Attorney Gen-
                                                                              eral.
                                                                                 (k) Suits by an administrator, fiduciary, participant, or bene-
                                                                              ficiary of an employee benefit plan to review a final order of the
                                                                              Secretary, to restrain the Secretary from taking any action con-
                                                                              trary to the provisions of this Act, or to compel him to take action
                                                                              required under this title, may be brought in the district court of the
                                                                              United States for the district where the plan has its principal of-
                                                                              fice, or in the United States District Court for the District of Co-
                                                                              lumbia.
                                                                                 (l)(1) In the case of—
                                                                                      (A) any breach of fiduciary responsibility under (or other vio-
                                                                                    lation of) part 4 by a fiduciary, or
                                                                                      (B) any knowing participation in such a breach or violation
                                                                                    by any other person,
                                                                              the Secretary shall assess a civil penalty against such fiduciary or
                                                                              other person in an amount equal to 20 percent of the applicable re-
                                                                              covery amount.
                                                                                 (2) For purposes of paragraph (1), the term ‘‘applicable recovery
                                                                              amount’’ means any amount which is recovered from a fiduciary or
                                                                              other person with respect to a breach or violation described in
                                                                              paragraph (1)—
                                                                                      (A) pursuant to any settlement agreement with the Sec-
                                                                                    retary, or
                                                                                      (B) ordered by a court to be paid by such fiduciary or other
                                                                                    person to a plan or its participants and beneficiaries in a judi-
                                                                                    cial proceeding instituted by the Secretary under subsection
                                                                                    (a)(2) or (a)(5).
                                                                                 (3) The Secretary may, in the Secretary‘s sole discretion, waive
                                                                              or reduce the penalty under paragraph (1) if the Secretary deter-
                                                                              mines in writing that—
                                                                                      (A) the fiduciary or other person acted reasonably and in
                                                                                    good faith, or
                                                                                      (B) it is reasonable to expect that the fiduciary or other per-
                                                                                    son will not be able to restore all losses to the plan (or to pro-
                                                                                    vide the relief ordered pursuant to subsection (a)(9)) without
                                                                                    severe financial hardship unless such waiver or reduction is
                                                                                    granted.
                                                                                 (4) The penalty imposed on a fiduciary or other person under this
                                                                              subsection with respect to any transaction shall be reduced by the
                                                                              amount of any penalty or tax imposed on such fiduciary or other
                                                                              person with respect to such transaction under subsection (i) of this




dlhill on DSK120RN23PROD with HEARING
                                                                              section and section 4975 of the Internal Revenue Code of 1986.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00100   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              101

                                                                                (m) In the case of a distribution to a pension plan participant or
                                                                              beneficiary in violation of section 206(e) by a plan fiduciary, the
                                                                              Secretary shall assess a penalty against such fiduciary in an
                                                                              amount equal to the value of the distribution. Such penalty shall
                                                                              not exceed $10,000 for each such distribution.
                                                                                (n)(1) In any civil action brought by, or on behalf of, a participant
                                                                              or beneficiary pursuant to this section or with respect to a common
                                                                              law claim involving a plan or plan benefit, notwithstanding any
                                                                              other provision of law—
                                                                                     (A) no predispute arbitration provision shall be valid or en-
                                                                                  forceable if it requires arbitration of a matter related to a claim
                                                                                  brought under this section;
                                                                                     (B) no postdispute arbitration provision shall be valid or en-
                                                                                  forceable unless—
                                                                                          (i) the provision was not required by any person, obtained
                                                                                       by coercion or threat of adverse action, or made a condition
                                                                                       of participating in a plan, receiving benefits under a plan,
                                                                                       or receiving any other employment, work, or any employ-
                                                                                       ment-related or work-related privilege or benefit;
                                                                                          (ii) each participant or beneficiary agreeing to the provi-
                                                                                       sion was informed, through a paper notice, in a manner
                                                                                       reasonably calculated to be understood by the average plan
                                                                                       participant, of the right of the participant or beneficiary
                                                                                       under subparagraph (C) to refuse to agree to the provision
                                                                                       without retaliation or threat of retaliation;
                                                                                          (iii) each participant or beneficiary agreeing to the provi-
                                                                                       sion so agreed after a waiting period of not fewer than 45
                                                                                       days, beginning on the date on which the participant or
                                                                                       beneficiary was provided both the final text of the provision
                                                                                       and the disclosures required under clause (ii); and
                                                                                          (iv) each participant or beneficiary agreeing to the provi-
                                                                                       sion affirmatively consented to the provision in writing;
                                                                                     (C) no covered provision shall be valid or enforceable, if prior
                                                                                  to a dispute to which the covered provision applies, a partici-
                                                                                  pant or beneficiary undertakes or promises not to pursue, bring,
                                                                                  join, litigate, or support any kind of individual, joint, class, rep-
                                                                                  resentative, or collective claim available under this section in
                                                                                  any forum that, but for such covered provision, is of competent
                                                                                  jurisdiction;
                                                                                     (D) no covered provision shall be valid or enforceable, if after
                                                                                  a dispute to which the covered provision applies arises, a par-
                                                                                  ticipant or beneficiary undertakes or promises not to pursue,
                                                                                  bring, join, litigate, or support any kind of individual, joint,
                                                                                  class, representative, or collective claim under this section in
                                                                                  any forum that, but for such covered provision, is of competent
                                                                                  jurisdiction, unless the covered provision meets the require-
                                                                                  ments of subparagraph (B); and
                                                                                     (E) no covered provision related to a plan other than a multi-
                                                                                  employer plan shall be valid or enforceable that purports to
                                                                                  confer discretionary authority to any person with respect to ben-
                                                                                  efit determinations or interpretation of plan language, or to pro-
                                                                                  vide a standard of review of such determinations or interpreta-
                                                                                  tion by a reviewing court in an action brought under this sec-
                                                                                  tion that would require anything other than de novo review of




dlhill on DSK120RN23PROD with HEARING
                                                                                  such determinations or interpretation.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00101   Fmt 6659   Sfmt 6603   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              102

                                                                                 (2) In this subsection—
                                                                                      (A) the term ‘‘covered provision’’ means any document, instru-
                                                                                   ment, or agreement related to a plan or plan benefit, regardless
                                                                                   of whether such provision appears in a plan document or in a
                                                                                   separate agreement;
                                                                                      (B) the term ‘‘predispute arbitration provision’’ means a cov-
                                                                                   ered provision that requires a participant or beneficiary to arbi-
                                                                                   trate a dispute related to the plan or an amendment to the plan
                                                                                   that had not yet arisen at the time such provision took effect;
                                                                                      (C) the term ‘‘postdispute arbitration provision’’ means a cov-
                                                                                   ered provision that requires a participant or beneficiary to arbi-
                                                                                   trate a dispute related to the plan or an amendment to the plan
                                                                                   that arose before the time such provision took effect; and
                                                                                      (D) the term ‘‘retaliation’’ means any action in violation of
                                                                                   section 510.
                                                                                 (3)(A) Any dispute as to whether a covered provision that requires
                                                                              a participant or beneficiary to arbitrate a dispute related to a plan
                                                                              is valid and enforceable shall be determined by a court, rather than
                                                                              an arbitrator, regardless of whether any contractual provision pur-
                                                                              ports to delegate such determinations to the arbitrator and irrespec-
                                                                              tive of whether the party resisting arbitration challenges the arbitra-
                                                                              tion agreement specifically or in conjunction with other terms of the
                                                                              contract containing such agreement.
                                                                                 (B) For purposes of this subsection, a dispute shall be considered
                                                                              to arise only when a plaintiff has actual knowledge (within the
                                                                              meaning of such term in section 413) of a breach or violation giving
                                                                              rise to a claim under this section.
                                                                                         *            *           *               *           *         *           *
                                                                                                PART 7—GROUP HEALTH PLAN REQUIREMENTS
                                                                                         *            *           *               *           *         *           *
                                                                                                      SUBPART B—OTHER REQUIREMENTS
                                                                                         *            *           *               *           *         *           *
                                                                              SEC. 712. PARITY IN MENTAL HEALTH AND SUBSTANCE USE DIS-
                                                                                          ORDER BENEFITS.
                                                                                (a) IN GENERAL.—
                                                                                     (1) AGGREGATE LIFETIME LIMITS.—In the case of a group
                                                                                     health plan (or health insurance coverage offered in connection
                                                                                     with such a plan) that provides both medical and surgical ben-
                                                                                     efits and mental health or substance use disorder benefits—
                                                                                            (A) NO LIFETIME LIMIT.—If the plan or coverage does not
                                                                                          include an aggregate lifetime limit on substantially all
                                                                                          medical and surgical benefits, the plan or coverage may
                                                                                          not impose any aggregate lifetime limit on mental health
                                                                                          or substance use disorder benefits.
                                                                                            (B) LIFETIME LIMIT.—If the plan or coverage includes an
                                                                                          aggregate lifetime limit on substantially all medical and
                                                                                          surgical benefits (in this paragraph referred to as the ‘‘ap-
                                                                                          plicable lifetime limit’’), the plan or coverage shall either—
                                                                                                 (i) apply the applicable lifetime limit both to the
                                                                                               medical and surgical benefits to which it otherwise
                                                                                               would apply and to mental health and substance use




dlhill on DSK120RN23PROD with HEARING
                                                                                               disorder benefits and not distinguish in the applica-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00102   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              103

                                                                                              tion of such limit between such medical and surgical
                                                                                              benefits and mental health and substance use disorder
                                                                                              benefits; or
                                                                                                 (ii) not include any aggregate lifetime limit on men-
                                                                                              tal health or substance use disorder benefits that is
                                                                                              less than the applicable lifetime limit.
                                                                                            (C) RULE IN CASE OF DIFFERENT LIMITS.—In the case of
                                                                                         a plan or coverage that is not described in subparagraph
                                                                                         (A) or (B) and that includes no or different aggregate life-
                                                                                         time limits on different categories of medical and surgical
                                                                                         benefits, the Secretary shall establish rules under which
                                                                                         subparagraph (B) is applied to such plan or coverage with
                                                                                         respect to mental health and substance use disorder bene-
                                                                                         fits by substituting for the applicable lifetime limit an av-
                                                                                         erage aggregate lifetime limit that is computed taking into
                                                                                         account the weighted average of the aggregate lifetime
                                                                                         limits applicable to such categories.
                                                                                       (2) ANNUAL LIMITS.—In the case of a group health plan (or
                                                                                     health insurance coverage offered in connection with such a
                                                                                     plan) that provides both medical and surgical benefits and
                                                                                     mental health or substance use disorder benefits—
                                                                                            (A) NO ANNUAL LIMIT.—If the plan or coverage does not
                                                                                         include an annual limit on substantially all medical and
                                                                                         surgical benefits, the plan or coverage may not impose any
                                                                                         annual limit on mental health or substance use disorder
                                                                                         benefits.
                                                                                            (B) ANNUAL LIMIT.—If the plan or coverage includes an
                                                                                         annual limit on substantially all medical and surgical ben-
                                                                                         efits (in this paragraph referred to as the ‘‘applicable an-
                                                                                         nual limit’’), the plan or coverage shall either—
                                                                                                 (i) apply the applicable annual limit both to medical
                                                                                              and surgical benefits to which it otherwise would
                                                                                              apply and to mental health and substance use disorder
                                                                                              benefits and not distinguish in the application of such
                                                                                              limit between such medical and surgical benefits and
                                                                                              mental health and substance use disorder benefits; or
                                                                                                 (ii) not include any annual limit on mental health or
                                                                                              substance use disorder benefits that is less than the
                                                                                              applicable annual limit.
                                                                                            (C) RULE IN CASE OF DIFFERENT LIMITS.—In the case of
                                                                                         a plan or coverage that is not described in subparagraph
                                                                                         (A) or (B) and that includes no or different annual limits
                                                                                         on different categories of medical and surgical benefits, the
                                                                                         Secretary shall establish rules under which subparagraph
                                                                                         (B) is applied to such plan or coverage with respect to
                                                                                         mental health and substance use disorder benefits by sub-
                                                                                         stituting for the applicable annual limit an average annual
                                                                                         limit that is computed taking into account the weighted
                                                                                         average of the annual limits applicable to such categories.
                                                                                       (3) FINANCIAL REQUIREMENTS AND TREATMENT LIMITA-
                                                                                     TIONS.—
                                                                                            (A) IN GENERAL.—In the case of a group health plan (or
                                                                                         health insurance coverage offered in connection with such




dlhill on DSK120RN23PROD with HEARING
                                                                                         a plan) that provides both medical and surgical benefits




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00103   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              104

                                                                                          and mental health or substance use disorder benefits, such
                                                                                          plan or coverage shall ensure that—
                                                                                                (i) the financial requirements applicable to such
                                                                                              mental health or substance use disorder benefits are
                                                                                              no more restrictive than the predominant financial re-
                                                                                              quirements applied to substantially all medical and
                                                                                              surgical benefits covered by the plan (or coverage), and
                                                                                              there are no separate cost sharing requirements that
                                                                                              are applicable only with respect to mental health or
                                                                                              substance use disorder benefits; and
                                                                                                (ii) the treatment limitations applicable to such
                                                                                              mental health or substance use disorder benefits are
                                                                                              no more restrictive than the predominant treatment
                                                                                              limitations applied to substantially all medical and
                                                                                              surgical benefits covered by the plan (or coverage) and
                                                                                              there are no separate treatment limitations that are
                                                                                              applicable only with respect to mental health or sub-
                                                                                              stance use disorder benefits.
                                                                                            (B) DEFINITIONS.—In this paragraph:
                                                                                                (i) FINANCIAL REQUIREMENT.—The term ‘‘financial
                                                                                              requirement’’ includes deductibles, copayments, coin-
                                                                                              surance, and out-of-pocket expenses, but excludes an
                                                                                              aggregate lifetime limit and an annual limit subject to
                                                                                              paragraphs (1) and (2),
                                                                                                (ii) PREDOMINANT.—A financial requirement or
                                                                                              treatment limit is considered to be predominant if it
                                                                                              is the most common or frequent of such type of limit
                                                                                              or requirement.
                                                                                                (iii) TREATMENT LIMITATION.—The term ‘‘treatment
                                                                                              limitation’’ includes limits on the frequency of treat-
                                                                                              ment, number of visits, days of coverage, or other simi-
                                                                                              lar limits on the scope or duration of treatment.
                                                                                        (4) AVAILABILITY OF PLAN INFORMATION.—The criteria for
                                                                                     medical necessity determinations made under the plan with re-
                                                                                     spect to mental health or substance use disorder benefits (or
                                                                                     the health insurance coverage offered in connection with the
                                                                                     plan with respect to such benefits) shall be made available by
                                                                                     the plan administrator (or the health insurance issuer offering
                                                                                     such coverage) in accordance with regulations to any current or
                                                                                     potential participant, beneficiary, or contracting provider upon
                                                                                     request. The reason for any denial under the plan (or coverage)
                                                                                     of reimbursement or payment for services with respect to men-
                                                                                     tal health or substance use disorder benefits in the case of any
                                                                                     participant or beneficiary shall, on request or as otherwise re-
                                                                                     quired, be made available by the plan administrator (or the
                                                                                     health insurance issuer offering such coverage) to the partici-
                                                                                     pant or beneficiary in accordance with regulations.
                                                                                        (5) OUT-OF-NETWORK PROVIDERS.—In the case of a plan or
                                                                                     coverage that provides both medical and surgical benefits and
                                                                                     mental health or substance use disorder benefits, if the plan or
                                                                                     coverage provides coverage for medical or surgical benefits pro-
                                                                                     vided by out-of-network providers, the plan or coverage shall
                                                                                     provide coverage for mental health or substance use disorder
                                                                                     benefits provided by out-of-network providers in a manner that




dlhill on DSK120RN23PROD with HEARING
                                                                                     is consistent with the requirements of this section.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00104   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              105

                                                                                        (6) COMPLIANCE PROGRAM GUIDANCE DOCUMENT.—
                                                                                             (A) IN GENERAL.—The Secretary, the Secretary of Health
                                                                                          and Human Services, and the Secretary of the Treasury,
                                                                                          in consultation with the Inspector General of the Depart-
                                                                                          ment of Health and Human Services, the Inspector Gen-
                                                                                          eral of the Department of Labor, and the Inspector Gen-
                                                                                          eral of the Department of the Treasury, shall issue a com-
                                                                                          pliance program guidance document to help improve com-
                                                                                          pliance with this section, section 2726 of the Public Health
                                                                                          Service Act, and section 9812 of the Internal Revenue Code
                                                                                          of 1986, as applicable. In carrying out this paragraph, the
                                                                                          Secretaries may take into consideration the 2016 publica-
                                                                                          tion of the Department of Health and Human Services and
                                                                                          the Department of Labor, entitled ‘‘Warning Signs - Plan
                                                                                          or Policy Non-Quantitative Treatment Limitations
                                                                                          (NQTLs) that Require Additional Analysis to Determine
                                                                                          Mental Health Parity Compliance’’.
                                                                                             (B) EXAMPLES ILLUSTRATING COMPLIANCE AND NON-
                                                                                          COMPLIANCE.—
                                                                                                  (i) IN GENERAL.—The compliance program guidance
                                                                                               document required under this paragraph shall provide
                                                                                               illustrative, de-identified examples (that do not dis-
                                                                                               close any protected health information or individually
                                                                                               identifiable information) of previous findings of compli-
                                                                                               ance and noncompliance with this section, section
                                                                                               2726 of the Public Health Service Act, or section 9812
                                                                                               of the Internal Revenue Code of 1986, as applicable,
                                                                                               based on investigations of violations of such sections,
                                                                                               including—
                                                                                                        (I) examples illustrating requirements for infor-
                                                                                                     mation disclosures and nonquantitative treatment
                                                                                                     limitations; and
                                                                                                        (II) descriptions of the violations uncovered dur-
                                                                                                     ing the course of such investigations.
                                                                                                  (ii) NONQUANTITATIVE TREATMENT LIMITATIONS.—To
                                                                                               the extent that any example described in clause (i) in-
                                                                                               volves a finding of compliance or noncompliance with
                                                                                               regard to any requirement for nonquantitative treat-
                                                                                               ment limitations, the example shall provide sufficient
                                                                                               detail to fully explain such finding, including a full de-
                                                                                               scription of the criteria involved for approving medical
                                                                                               and surgical benefits and the criteria involved for ap-
                                                                                               proving mental health and substance use disorder ben-
                                                                                               efits.
                                                                                                  (iii) ACCESS TO ADDITIONAL INFORMATION REGARDING
                                                                                               COMPLIANCE.—In developing and issuing the compli-
                                                                                               ance program guidance document required under this
                                                                                               paragraph, the Secretaries specified in subparagraph
                                                                                               (A)—
                                                                                                        (I) shall enter into interagency agreements with
                                                                                                     the Inspector General of the Department of
                                                                                                     Health and Human Services, the Inspector Gen-
                                                                                                     eral of the Department of Labor, and the Inspec-
                                                                                                     tor General of the Department of the Treasury to




dlhill on DSK120RN23PROD with HEARING
                                                                                                     share findings of compliance and noncompliance




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00105   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              106

                                                                                                     with this section, section 2726 of the Public
                                                                                                     Health Service Act, or section 9812 of the Internal
                                                                                                     Revenue Code of 1986, as applicable; and
                                                                                                       (II) shall seek to enter into an agreement with
                                                                                                     a State to share information on findings of compli-
                                                                                                     ance and noncompliance with this section, section
                                                                                                     2726 of the Public Health Service Act, or section
                                                                                                     9812 of the Internal Revenue Code of 1986, as ap-
                                                                                                     plicable.
                                                                                             (C) RECOMMENDATIONS.—The compliance program guid-
                                                                                          ance document shall include recommendations to advance
                                                                                          compliance with this section, section 2726 of the Public
                                                                                          Health Service Act, or section 9812 of the Internal Rev-
                                                                                          enue Code of 1986, as applicable, and encourage the devel-
                                                                                          opment and use of internal controls to monitor adherence
                                                                                          to applicable statutes, regulations, and program require-
                                                                                          ments. Such internal controls may include illustrative ex-
                                                                                          amples of nonquantitative treatment limitations on mental
                                                                                          health and substance use disorder benefits, which may fail
                                                                                          to comply with this section, section 2726 of the Public
                                                                                          Health Service Act, or section 9812 of the Internal Rev-
                                                                                          enue Code of 1986, as applicable, in relation to non-
                                                                                          quantitative treatment limitations on medical and surgical
                                                                                          benefits.
                                                                                             (D) UPDATING THE COMPLIANCE PROGRAM GUIDANCE DOC-
                                                                                          UMENT.—The Secretary, the Secretary of Health and
                                                                                          Human Services, and the Secretary of the Treasury, in
                                                                                          consultation with the Inspector General of the Department
                                                                                          of Health and Human Services, the Inspector General of
                                                                                          the Department of Labor, and the Inspector General of the
                                                                                          Department of the Treasury, shall update the compliance
                                                                                          program guidance document every 2 years to include illus-
                                                                                          trative, de-identified examples (that do not disclose any
                                                                                          protected health information or individually identifiable in-
                                                                                          formation) of previous findings of compliance and non-
                                                                                          compliance with this section, section 2726 of the Public
                                                                                          Health Service Act, or section 9812 of the Internal Rev-
                                                                                          enue Code of 1986, as applicable.
                                                                                        (7) ADDITIONAL GUIDANCE.—
                                                                                             (A) IN GENERAL.—The Secretary, the Secretary of Health
                                                                                          and Human Services, and the Secretary of the Treasury
                                                                                          shall issue guidance to group health plans and health in-
                                                                                          surance issuers offering group health insurance coverage
                                                                                          to assist such plans and issuers in satisfying the require-
                                                                                          ments of this section, section 2726 of the Public Health
                                                                                          Service Act, or section 9812 of the Internal Revenue Code
                                                                                          of 1986, as applicable.
                                                                                             (B) DISCLOSURE.—
                                                                                                  (i) GUIDANCE FOR PLANS AND ISSUERS.—The guid-
                                                                                               ance issued under this paragraph shall include clari-
                                                                                               fying information and illustrative examples of methods
                                                                                               that group health plans and health insurance issuers
                                                                                               offering group or individual health insurance coverage
                                                                                               may use for disclosing information to ensure compli-




dlhill on DSK120RN23PROD with HEARING
                                                                                               ance with the requirements under this section, section




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00106   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              107

                                                                                                2726 of the Public Health Service Act, or section 9812
                                                                                                of the Internal Revenue Code of 1986, as applicable,
                                                                                                (and any regulations promulgated pursuant to such
                                                                                                sections, as applicable).
                                                                                                   (ii) DOCUMENTS FOR PARTICIPANTS, BENEFICIARIES,
                                                                                                CONTRACTING PROVIDERS, OR AUTHORIZED REPRESENTA-
                                                                                                TIVES.—The guidance issued under this paragraph
                                                                                                shall include clarifying information and illustrative ex-
                                                                                                amples of methods that group health plans and health
                                                                                                insurance issuers offering group health insurance cov-
                                                                                                erage may use to provide any participant, beneficiary,
                                                                                                contracting provider, or authorized representative, as
                                                                                                applicable, with documents containing information
                                                                                                that the health plans or issuers are required to dis-
                                                                                                close to participants, beneficiaries, contracting pro-
                                                                                                viders, or authorized representatives to ensure compli-
                                                                                                ance with this section, section 2726 of the Public
                                                                                                Health Service Act, or section 9812 of the Internal
                                                                                                Revenue Code of 1986, as applicable, compliance with
                                                                                                any regulation issued pursuant to such respective sec-
                                                                                                tion, or compliance with any other applicable law or
                                                                                                regulation. Such guidance shall include information
                                                                                                that is comparative in nature with respect to—
                                                                                                         (I) nonquantitative treatment limitations for
                                                                                                      both medical and surgical benefits and mental
                                                                                                      health and substance use disorder benefits;
                                                                                                         (II) the processes, strategies, evidentiary stand-
                                                                                                      ards, and other factors used to apply the limita-
                                                                                                      tions described in subclause (I); and
                                                                                                         (III) the application of the limitations described
                                                                                                      in subclause (I) to ensure that such limitations are
                                                                                                      applied in parity with respect to both medical and
                                                                                                      surgical benefits and mental health and substance
                                                                                                      use disorder benefits.
                                                                                              (C) NONQUANTITATIVE TREATMENT LIMITATIONS.—The
                                                                                           guidance issued under this paragraph shall include clari-
                                                                                           fying information and illustrative examples of methods,
                                                                                           processes, strategies, evidentiary standards, and other fac-
                                                                                           tors that group health plans and health insurance issuers
                                                                                           offering group health insurance coverage may use regard-
                                                                                           ing the development and application of nonquantitative
                                                                                           treatment limitations to ensure compliance with this sec-
                                                                                           tion, section 2726 of the Public Health Service Act, or sec-
                                                                                           tion 9812 of the Internal Revenue Code of 1986, as applica-
                                                                                           ble, (and any regulations promulgated pursuant to such re-
                                                                                           spective section), including—
                                                                                                   (i) examples of methods of determining appropriate
                                                                                                types of nonquantitative treatment limitations with
                                                                                                respect to both medical and surgical benefits and men-
                                                                                                tal health and substance use disorder benefits, includ-
                                                                                                ing nonquantitative treatment limitations pertaining
                                                                                                to—
                                                                                                         (I) medical management standards based on
                                                                                                      medical necessity or appropriateness, or whether




dlhill on DSK120RN23PROD with HEARING
                                                                                                      a treatment is experimental or investigative;




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00107   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              108

                                                                                                        (II) limitations with respect to prescription drug
                                                                                                     formulary design; and
                                                                                                        (III) use of fail-first or step therapy protocols;
                                                                                                  (ii) examples of methods of determining—
                                                                                                        (I) network admission standards (such as
                                                                                                     credentialing); and
                                                                                                        (II) factors used in provider reimbursement
                                                                                                     methodologies (such as service type, geographic
                                                                                                     market, demand for services, and provider supply,
                                                                                                     practice size, training, experience, and licensure)
                                                                                                     as such factors apply to network adequacy;
                                                                                                  (iii) examples of sources of information that may
                                                                                               serve as evidentiary standards for the purposes of
                                                                                               making determinations regarding the development
                                                                                               and application of nonquantitative treatment limita-
                                                                                               tions;
                                                                                                  (iv) examples of specific factors, and the evidentiary
                                                                                               standards used to evaluate such factors, used by such
                                                                                               plans or issuers in performing a nonquantitative treat-
                                                                                               ment limitation analysis;
                                                                                                  (v) examples of how specific evidentiary standards
                                                                                               may be used to determine whether treatments are con-
                                                                                               sidered experimental or investigative;
                                                                                                  (vi) examples of how specific evidentiary standards
                                                                                               may be applied to each service category or classifica-
                                                                                               tion of benefits;
                                                                                                  (vii) examples of methods of reaching appropriate
                                                                                               coverage determinations for new mental health or sub-
                                                                                               stance use disorder treatments, such as evidence-
                                                                                               based early intervention programs for individuals with
                                                                                               a serious mental illness and types of medical manage-
                                                                                               ment techniques;
                                                                                                  (viii) examples of methods of reaching appropriate
                                                                                               coverage determinations for which there is an indirect
                                                                                               relationship between the covered mental health or
                                                                                               substance use disorder benefit and a traditional cov-
                                                                                               ered medical and surgical benefit, such as residential
                                                                                               treatment or hospitalizations involving voluntary or
                                                                                               involuntary commitment; and
                                                                                                  (ix) additional illustrative examples of methods,
                                                                                               processes, strategies, evidentiary standards, and other
                                                                                               factors for which the Secretary determines that addi-
                                                                                               tional guidance is necessary to improve compliance
                                                                                               with this section, section 2726 of the Public Health
                                                                                               Service Act, or section 9812 of the Internal Revenue
                                                                                               Code of 1986, as applicable.
                                                                                             (D) PUBLIC COMMENT.—Prior to issuing any final guid-
                                                                                          ance under this paragraph, the Secretary shall provide a
                                                                                          public comment period of not less than 60 days during
                                                                                          which any member of the public may provide comments on
                                                                                          a draft of the guidance.
                                                                                        (8) COMPLIANCE REQUIREMENTS.—
                                                                                             (A) NONQUANTITATIVE TREATMENT LIMITATION (NQTL) RE-
                                                                                          QUIREMENTS.—In the case of a group health plan or a




dlhill on DSK120RN23PROD with HEARING
                                                                                          health insurance issuer offering group health insurance




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00108   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              109

                                                                                           coverage that provides both medical and surgical benefits
                                                                                           and mental health or substance use disorder benefits and
                                                                                           that imposes nonquantitative treatment limitations (re-
                                                                                           ferred to in this section as ‘‘NQTLs’’) on mental health or
                                                                                           substance use disorder benefits, such plan or issuer shall
                                                                                           perform and document comparative analyses of the design
                                                                                           and application of NQTLs and, beginning 45 days after the
                                                                                           date of enactment of the Consolidated Appropriations Act,
                                                                                           2021, make available to the Secretary, upon request, the
                                                                                           comparative analyses and the following information:
                                                                                                   (i) The specific plan or coverage terms or other rel-
                                                                                                evant terms regarding the NQTLs, that applies to
                                                                                                such plan or coverage, and a description of all mental
                                                                                                health or substance use disorder and medical or sur-
                                                                                                gical benefits to which each such term applies in each
                                                                                                respective benefits classification.
                                                                                                   (ii) The factors used to determine that the NQTLs
                                                                                                will apply to mental health or substance use disorder
                                                                                                benefits and medical or surgical benefits.
                                                                                                   (iii) The evidentiary standards used for the factors
                                                                                                identified in clause (ii), when applicable, provided that
                                                                                                every factor shall be defined, and any other source or
                                                                                                evidence relied upon to design and apply the NQTLs
                                                                                                to mental health or substance use disorder benefits
                                                                                                and medical or surgical benefits.
                                                                                                   (iv) The comparative analyses demonstrating that
                                                                                                the processes, strategies, evidentiary standards, and
                                                                                                other factors used to apply the NQTLs to mental
                                                                                                health or substance use disorder benefits, as written
                                                                                                and in operation, are comparable to, and are applied
                                                                                                no more stringently than, the processes, strategies,
                                                                                                evidentiary standards, and other factors used to apply
                                                                                                the NQTLs to medical or surgical benefits in the bene-
                                                                                                fits classification.
                                                                                                   (v) The specific findings and conclusions reached by
                                                                                                the group health plan or health insurance issuer with
                                                                                                respect to the health insurance coverage, including
                                                                                                any results of the analyses described in this subpara-
                                                                                                graph that indicate that the plan or coverage is or is
                                                                                                not in compliance with this section.
                                                                                             (B) SECRETARY REQUEST PROCESS.—
                                                                                                   (i) SUBMISSION UPON REQUEST.—The Secretary shall
                                                                                                request that a group health plan or a health insurance
                                                                                                issuer offering group health insurance coverage submit
                                                                                                the comparative analyses described in subparagraph
                                                                                                (A) for plans that involve potential violations of this
                                                                                                section or complaints regarding noncompliance with
                                                                                                this section that concern NQTLs and any other in-
                                                                                                stances in which the Secretary determines appro-
                                                                                                priate. The Secretary shall request not fewer than 20
                                                                                                such analyses per year.
                                                                                                   (ii) ADDITIONAL INFORMATION.—In instances in
                                                                                                which the Secretary has concluded that the group
                                                                                                health plan or health insurance issuer with respect to




dlhill on DSK120RN23PROD with HEARING
                                                                                                group health insurance coverage has not submitted




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00109   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              110

                                                                                                  sufficient information for the Secretary to review the
                                                                                                  comparative analyses described in subparagraph (A),
                                                                                                  as requested under clause (i), the Secretary shall
                                                                                                  specify to the plan or issuer the information the plan
                                                                                                  or issuer must submit to be responsive to the request
                                                                                                  under clause (i) for the Secretary to review the com-
                                                                                                  parative analyses described in subparagraph (A) for
                                                                                                  compliance with this section. Nothing in this para-
                                                                                                  graph shall require the Secretary to conclude that a
                                                                                                  group health plan or health insurance issuer is in
                                                                                                  compliance with this section solely based upon the in-
                                                                                                  spection of the comparative analyses described in sub-
                                                                                                  paragraph (A), as requested under clause (i).
                                                                                                    (iii) REQUIRED ACTION.—
                                                                                                          (I) IN GENERAL.—In instances in which the Sec-
                                                                                                       retary has reviewed the comparative analyses de-
                                                                                                       scribed in subparagraph (A), as requested under
                                                                                                       clause (i), and determined that the group health
                                                                                                       plan or health insurance issuer is not in compli-
                                                                                                       ance with this section, the plan or issuer—
                                                                                                                (aa) shall specify to the Secretary the ac-
                                                                                                             tions the plan or issuer will take to be in com-
                                                                                                             pliance with this section and provide to the
                                                                                                             Secretary additional comparative analyses de-
                                                                                                             scribed in subparagraph (A) that demonstrate
                                                                                                             compliance with this section not later than 45
                                                                                                             days after the initial determination by the
                                                                                                             Secretary that the plan or issuer is not in
                                                                                                             compliance; and
                                                                                                                (bb) following the 45-day corrective action
                                                                                                             period under item (aa), if the Secretary makes
                                                                                                             a final determination that the plan or issuer
                                                                                                             still is not in compliance with this section, not
                                                                                                             later than 7 days after such determination,
                                                                                                             shall notify all individuals enrolled in the
                                                                                                             plan or applicable health insurance coverage
                                                                                                             offered by the issuer that the plan or issuer,
                                                                                                             with respect to such coverage, has been deter-
                                                                                                             mined to be not in compliance with this sec-
                                                                                                             tion.
                                                                                                          (II) EXEMPTION FROM DISCLOSURE.—Documents
                                                                                                       or communications produced in connection with
                                                                                                       the Secretary‘s recommendations to a group
                                                                                                       health plan or health insurance issuer shall not be
                                                                                                       subject to disclosure pursuant to section 552 of
                                                                                                       title 5, United States Code.
                                                                                                    (iv) REPORT.—Not later than 1 year after the date of
                                                                                                  enactment of this paragraph, and not later than Octo-
                                                                                                  ber 1 of each year thereafter, the Secretary shall sub-
                                                                                                  mit to Congress, and make publicly available, a report
                                                                                                  that contains—
                                                                                                          (I) a summary of the comparative analyses re-
                                                                                                       quested under clause (i), including the identity of
                                                                                                       each group health plan or health insurance issuer,




dlhill on DSK120RN23PROD with HEARING
                                                                                                       with respect to certain health insurance coverage




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00110   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              111

                                                                                                       that is determined to be not in compliance after
                                                                                                       the final determination by the Secretary described
                                                                                                       in clause (iii)(I)(bb);
                                                                                                         (II) the Secretary‘s conclusions as to whether
                                                                                                       each group health plan or health insurance issuer
                                                                                                       submitted sufficient information for the Secretary
                                                                                                       to review the comparative analyses requested
                                                                                                       under clause (i) for compliance with this section;
                                                                                                         (III) for each group health plan or health insur-
                                                                                                       ance issuer that did submit sufficient information
                                                                                                       for the Secretary to review the comparative anal-
                                                                                                       yses requested under clause (i), the Secretary‘s
                                                                                                       conclusions as to whether and why the plan or
                                                                                                       issuer is in compliance with the disclosure re-
                                                                                                       quirements under this section;
                                                                                                         (IV) the Secretary‘s specifications described in
                                                                                                       clause (ii) for each group health plan or health in-
                                                                                                       surance issuer that the Secretary determined did
                                                                                                       not submit sufficient information for the Secretary
                                                                                                       to review the comparative analyses requested
                                                                                                       under clause (i) for compliance with this section;
                                                                                                       and
                                                                                                         (V) the Secretary‘s specifications described in
                                                                                                       clause (iii) of the actions each group health plan
                                                                                                       or health insurance issuer that the Secretary de-
                                                                                                       termined is not in compliance with this section
                                                                                                       must take to be in compliance with this section,
                                                                                                       including the reason why the Secretary deter-
                                                                                                       mined the plan or issuer is not in compliance.
                                                                                             (C) COMPLIANCE PROGRAM GUIDANCE DOCUMENT UPDATE
                                                                                           PROCESS.—
                                                                                                 (i) IN GENERAL.—The Secretary shall include in-
                                                                                                  stances of noncompliance that the Secretary discovers
                                                                                                  upon reviewing the comparative analyses requested
                                                                                                  under subparagraph (B)(i) in the compliance program
                                                                                                  guidance document described in paragraph (6), as it is
                                                                                                  updated every 2 years, except that such instances
                                                                                                  shall not disclose any protected health information or
                                                                                                  individually identifiable information.
                                                                                                    (ii) GUIDANCE AND REGULATIONS.—Not later than 18
                                                                                                  months after the date of enactment of this paragraph,
                                                                                                  the Secretary shall finalize any draft or interim guid-
                                                                                                  ance and regulations relating to mental health parity
                                                                                                  under this section. Such draft guidance shall include
                                                                                                  guidance to clarify the process and timeline for current
                                                                                                  and potential participants and beneficiaries (and au-
                                                                                                  thorized representatives and health care providers of
                                                                                                  such participants and beneficiaries) with respect to
                                                                                                  plans to file complaints of such plans or issuers being
                                                                                                  in violation of this section, including guidance, by plan
                                                                                                  type, on the relevant State, regional, or national office
                                                                                                  with which such complaints should be filed.
                                                                                                    (iii) STATE.—The Secretary shall share information
                                                                                                  on findings of compliance and noncompliance discov-




dlhill on DSK120RN23PROD with HEARING
                                                                                                  ered upon reviewing the comparative analyses re-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00111   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              112

                                                                                            quested under subparagraph (B)(i) shall be shared
                                                                                            with the State where the group health plan is located
                                                                                            or the State where the health insurance issuer is li-
                                                                                            censed to do business for coverage offered by a health
                                                                                            insurance issuer in the group market, in accordance
                                                                                            with paragraph (6)(B)(iii)(II).
                                                                                (b) CONSTRUCTION.—Nothing in this section shall be
                                                                              construed—
                                                                                     (1) as requiring a group health plan (or health insurance cov-
                                                                                   erage offered in connection with such a plan) to provide any
                                                                                   mental health or substance use disorder benefits; or
                                                                                     (2) in the case of a group health plan (or health insurance
                                                                                   coverage offered in connection with such a plan) that provides
                                                                                   mental health or substance use disorder benefits, as affecting
                                                                                   the terms and conditions of the plan or coverage relating to
                                                                                   such benefits under the plan or coverage, except as provided in
                                                                                   subsection (a).
                                                                                (c) EXEMPTIONS.—
                                                                                     (1) SMALL EMPLOYER EXEMPTION.—
                                                                                          (A) IN GENERAL.—This section shall not apply to any
                                                                                       group health plan (and group health insurance coverage
                                                                                       offered in connection with a group health plan) for any
                                                                                       plan year of a small employer.
                                                                                          (B) SMALL EMPLOYER.—For purposes of subparagraph
                                                                                       (A), the term ‘‘small employer’’ means, in connection with
                                                                                       a group health plan with respect to a calendar year and
                                                                                       a plan year, an employer who employed an average of at
                                                                                       least 2 (or 1 in the case of an employer residing in a State
                                                                                       that permits small groups to include a single individual)
                                                                                       but not more than 50 employees on business days during
                                                                                       the preceding calendar year.
                                                                                          (C) APPLICATION OF CERTAIN RULES IN DETERMINATION
                                                                                       OF EMPLOYER SIZE.—For purposes of this paragraph—
                                                                                               (i) APPLICATION OF AGGREGATION RULE FOR EMPLOY-
                                                                                            ERS.—Rules similar to the rules under subsections (b),
                                                                                            (c), (m), and (o) of section 414 of the Internal Revenue
                                                                                            Code of 1986 shall apply for purposes of treating per-
                                                                                            sons as a single employer.
                                                                                               (ii) EMPLOYERS NOT IN EXISTENCE IN PRECEDING
                                                                                            YEAR.—In the case of an employer which was not in
                                                                                            existence throughout the preceding calendar year, the
                                                                                            determination of whether such employer is a small
                                                                                            employer shall be based on the average number of em-
                                                                                            ployees that it is reasonably expected such employer
                                                                                            will employ on business days in the current calendar
                                                                                            year.
                                                                                               (iii) PREDECESSORS.—Any reference in this para-
                                                                                            graph to an employer shall include a reference to any
                                                                                            predecessor of such employer.
                                                                                     (2) COST EXEMPTION.—
                                                                                          (A) IN GENERAL.—With respect to a group health plan
                                                                                       (or health insurance coverage offered in connection with
                                                                                       such a plan), if the application of this section to such plan
                                                                                       (or coverage) results in an increase for the plan year in-




dlhill on DSK120RN23PROD with HEARING
                                                                                       volved of the actual total costs of coverage with respect to




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00112   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              113

                                                                                           medical and surgical benefits and mental health and sub-
                                                                                           stance use disorder benefits under the plan (as determined
                                                                                           and certified under subparagraph (C)) by an amount that
                                                                                           exceeds the applicable percentage described in subpara-
                                                                                           graph (B) of the actual total plan costs, the provisions of
                                                                                           this section shall not apply to such plan (or coverage) dur-
                                                                                           ing the following plan year, and such exemption shall
                                                                                           apply to the plan (or coverage) for 1 plan year. An em-
                                                                                           ployer may elect to continue to apply mental health and
                                                                                           substance use disorder parity pursuant to this section with
                                                                                           respect to the group health plan (or coverage) involved re-
                                                                                           gardless of any increase in total costs.
                                                                                              (B) APPLICABLE PERCENTAGE.—With respect to a plan (or
                                                                                           coverage), the applicable percentage described in this sub-
                                                                                           paragraph shall be—
                                                                                                  (i) 2 percent in the case of the first plan year in
                                                                                                which this section is applied; and
                                                                                                  (ii) 1 percent in the case of each subsequent plan
                                                                                                year.
                                                                                              (C) DETERMINATIONS BY ACTUARIES.—Determinations as
                                                                                           to increases in actual costs under a plan (or coverage) for
                                                                                           purposes of this section shall be made and certified by a
                                                                                           qualified and licensed actuary who is a member in good
                                                                                           standing of the American Academy of Actuaries. All such
                                                                                           determinations shall be in a written report prepared by
                                                                                           the actuary. The report, and all underlying documentation
                                                                                           relied upon by the actuary, shall be maintained by the
                                                                                           group health plan or health insurance issuer for a period
                                                                                           of 6 years following the notification made under subpara-
                                                                                           graph (E).
                                                                                              (D) 6-MONTH DETERMINATIONS.—If a group health plan
                                                                                           (or a health insurance issuer offering coverage in connec-
                                                                                           tion with a group health plan) seeks an exemption under
                                                                                           this paragraph, determinations under subparagraph (A)
                                                                                           shall be made after such plan (or coverage) has complied
                                                                                           with this section for the first 6 months of the plan year in-
                                                                                           volved.
                                                                                              (E) NOTIFICATION.—
                                                                                                  (i) IN GENERAL.—A group health plan (or a health
                                                                                                insurance issuer offering coverage in connection with
                                                                                                a group health plan) that, based upon a certification
                                                                                                described under subparagraph (C), qualifies for an ex-
                                                                                                emption under this paragraph, and elects to imple-
                                                                                                ment the exemption, shall promptly notify the Sec-
                                                                                                retary, the appropriate State agencies, and partici-
                                                                                                pants and beneficiaries in the plan of such election.
                                                                                                  (ii) REQUIREMENT.—A notification to the Secretary
                                                                                                under clause (i) shall include—
                                                                                                       (I) a description of the number of covered lives
                                                                                                     under the plan (or coverage) involved at the time
                                                                                                     of the notification, and as applicable, at the time
                                                                                                     of any prior election of the cost-exemption under
                                                                                                     this paragraph by such plan (or coverage);
                                                                                                       (II) for both the plan year upon which a cost ex-




dlhill on DSK120RN23PROD with HEARING
                                                                                                     emption is sought and the year prior, a descrip-




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00113   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              114

                                                                                                   tion of the actual total costs of coverage with re-
                                                                                                   spect to medical and surgical benefits and mental
                                                                                                   health and substance use disorder benefits under
                                                                                                   the plan; and
                                                                                                      (III) for both the plan year upon which a cost
                                                                                                   exemption is sought and the year prior, the actual
                                                                                                   total costs of coverage with respect to mental
                                                                                                   health and substance use disorder benefits under
                                                                                                   the plan.
                                                                                                (iii) CONFIDENTIALITY.—A notification to the Sec-
                                                                                             retary under clause (i) shall be confidential. The Sec-
                                                                                             retary shall make available, upon request and on not
                                                                                             more than an annual basis, an anonymous itemization
                                                                                             of such notifications, that includes—
                                                                                                      (I) a breakdown of States by the size and type
                                                                                                   of employers submitting such notification; and
                                                                                                      (II) a summary of the data received under
                                                                                                   clause (ii).
                                                                                           (F) AUDITS BY APPROPRIATE AGENCIES.—To determine
                                                                                        compliance with this paragraph, the Secretary may audit
                                                                                        the books and records of a group health plan or health in-
                                                                                        surance issuer relating to an exemption, including any ac-
                                                                                        tuarial reports prepared pursuant to subparagraph (C),
                                                                                        during the 6 year period following the notification of such
                                                                                        exemption under subparagraph (E). A State agency receiv-
                                                                                        ing a notification under subparagraph (E) may also con-
                                                                                        duct such an audit with respect to an exemption covered
                                                                                        by such notification.
                                                                                (d) SEPARATE APPLICATION TO EACH OPTION OFFERED.—In the
                                                                              case of a group health plan that offers a participant or beneficiary
                                                                              two or more benefit package options under the plan, the require-
                                                                              ments of this section shall be applied separately with respect to
                                                                              each such option.
                                                                                (e) DEFINITIONS.—For purposes of this section and section
                                                                              502(a)(12)—
                                                                                      (1) AGGREGATE LIFETIME LIMIT.—The term ‘‘aggregate life-
                                                                                   time limit’’ means, with respect to benefits under a group
                                                                                   health plan or health insurance coverage, a dollar limitation on
                                                                                   the total amount that may be paid with respect to such bene-
                                                                                   fits under the plan or health insurance coverage with respect
                                                                                   to an individual or other coverage unit.
                                                                                      (2) ANNUAL LIMIT.—The term ‘‘annual limit’’ means, with re-
                                                                                   spect to benefits under a group health plan or health insurance
                                                                                   coverage, a dollar limitation on the total amount of
                                                                                   benefits that may be paid with respect to such benefits in a 12-
                                                                                   month period under the plan or health insurance coverage with
                                                                                   respect to an individual or other coverage unit.
                                                                                      (3) MEDICAL OR SURGICAL BENEFITS.—The term ‘‘medical or
                                                                                   surgical      benefits’’    means    benefits   with   respect   to
                                                                                   medical or surgical services, as defined under the terms of the
                                                                                   plan or coverage (as the case may be), but does not include
                                                                                   mental health or substance use disorder benefits.
                                                                                      (4) MENTAL HEALTH BENEFITS.—The term ‘‘mental health




dlhill on DSK120RN23PROD with HEARING
                                                                                   benefits’’ means benefits with respect to services for mental




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00114   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              115

                                                                                    health conditions, as defined under the terms of the plan and
                                                                                    in accordance with applicable Federal and State law.
                                                                                      (5) SUBSTANCE USE DISORDER BENEFITS.—The term ‘‘sub-
                                                                                    stance use disorder benefits’’ means benefits with respect to
                                                                                    services for substance use disorders, as defined under the
                                                                                    terms of the plan and in accordance with applicable Federal
                                                                                    and State law.
                                                                                 (f) SECRETARY REPORT.—The Secretary shall, by January 1, 2012,
                                                                              and every two years thereafter, submit to the appropriate commit-
                                                                              tees of Congress a report on compliance of group health plans (and
                                                                              health insurance coverage offered in connection with such plans)
                                                                              with the requirements of this section. Such report shall include the
                                                                              results of any surveys or audits on compliance of group health
                                                                              plans (and health insurance coverage offered in connection with
                                                                              such plans) with such requirements and an analysis of the reasons
                                                                              for any failures to comply.
                                                                                 (g) NOTICE AND ASSISTANCE.—The Secretary, in cooperation with
                                                                              the Secretaries of Health and Human Services and Treasury, as
                                                                              appropriate, shall publish and widely disseminate guidance and in-
                                                                              formation for group health plans, participants and beneficiaries,
                                                                              applicable State and local regulatory bodies, and the National As-
                                                                              sociation of Insurance Commissioners concerning the requirements
                                                                              of this section and shall provide assistance concerning such re-
                                                                              quirements and the continued operation of applicable State law.
                                                                              Such guidance and information shall inform participants and bene-
                                                                              ficiaries of how they may obtain assistance under this section, in-
                                                                              cluding, where appropriate, assistance from State consumer and in-
                                                                              surance agencies.
                                                                                         *            *           *               *           *         *           *
                                                                                                       SUBPART C—GENERAL PROVISIONS
                                                                                         *            *           *               *           *         *           *
                                                                              SEC. 733. DEFINITIONS.
                                                                                (a) GROUP HEALTH PLAN.—For purposes of this part and section
                                                                              502(a)(12)—
                                                                                     (1) IN GENERAL.—The term ‘‘group health plan’’ means an
                                                                                  employee welfare benefit plan to the extent that the plan pro-
                                                                                  vides medical care (as defined in paragraph (2) and including
                                                                                  items and services paid for as medical care) to employees or
                                                                                  their dependents (as defined under the terms of the plan) di-
                                                                                  rectly or through insurance, reimbursement, or otherwise.
                                                                                  Such term shall not include any qualified small employer
                                                                                  health reimbursement arrangement (as defined in section
                                                                                  9831(d)(2) of the Internal Revenue Code of 1986).
                                                                                     (2) MEDICAL CARE.—The term ‘‘medical care’’ means amounts
                                                                                  paid for—
                                                                                          (A) the diagnosis, cure, mitigation, treatment, or preven-
                                                                                       tion of disease, or amounts paid for the purpose of affect-
                                                                                       ing any structure or function of the body,
                                                                                          (B) amounts paid for transportation primarily for and es-
                                                                                       sential to medical care referred to in subparagraph (A),
                                                                                       and
                                                                                          (C) amounts paid for insurance covering medical care re-




dlhill on DSK120RN23PROD with HEARING
                                                                                       ferred to in subparagraphs (A) and (B).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00115   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              116

                                                                                 (b) DEFINITIONS RELATING TO HEALTH INSURANCE.—For purposes
                                                                              of this part and section 502(a)(12)—
                                                                                      (1) HEALTH INSURANCE COVERAGE.—The term ‘‘health insur-
                                                                                    ance coverage’’ means benefits consisting of medical care (pro-
                                                                                    vided directly, through insurance or reimbursement, or other-
                                                                                    wise and including items and services paid for as medical care)
                                                                                    under any hospital or medical service policy or certificate, hos-
                                                                                    pital or medical service plan contract, or health maintenance
                                                                                    organization contract offered by a health insurance issuer.
                                                                                      (2) HEALTH INSURANCE ISSUER.—The term ‘‘health insurance
                                                                                    issuer’’ means an insurance company, insurance service, or in-
                                                                                    surance organization (including a health maintenance organi-
                                                                                    zation, as defined in paragraph (3)) which is licensed to engage
                                                                                    in the business of insurance in a State and which is subject to
                                                                                    State law which regulates insurance (within the meaning of
                                                                                    section 514(b)(2)). Such term does not include a group health
                                                                                    plan.
                                                                                      (3) HEALTH MAINTENANCE ORGANIZATION.—The term ‘‘health
                                                                                    maintenance organization’’ means—
                                                                                            (A) a federally qualified health maintenance organiza-
                                                                                         tion (as defined in section 1301(a) of the Public Health
                                                                                         Service Act (42 U.S.C. 300e(a))),
                                                                                            (B) an organization recognized under State law as a
                                                                                         health maintenance organization, or
                                                                                            (C) a similar organization regulated under State law for
                                                                                         solvency in the same manner and to the same extent as
                                                                                         such a health maintenance organization.
                                                                                      (4) GROUP HEALTH INSURANCE COVERAGE.—The term ‘‘group
                                                                                    health insurance coverage’’ means, in connection with a group
                                                                                    health plan, health insurance coverage offered in connection
                                                                                    with such plan.
                                                                                 (c) EXCEPTED BENEFITS.—For purposes of this part, the term ‘‘ex-
                                                                              cepted benefits’’ means benefits under one or more (or any com-
                                                                              bination thereof) of the following:
                                                                                      (1) BENEFITS NOT SUBJECT TO REQUIREMENTS.—
                                                                                            (A) Coverage only for accident, or disability income in-
                                                                                         surance, or any combination thereof.
                                                                                            (B) Coverage issued as a supplement to liability insur-
                                                                                         ance.
                                                                                            (C) Liability insurance, including general liability insur-
                                                                                         ance and automobile liability insurance.
                                                                                            (D) Workers‘ compensation or similar insurance.
                                                                                            (E) Automobile medical payment insurance.
                                                                                            (F) Credit-only insurance.
                                                                                            (G) Coverage for on-site medical clinics.
                                                                                            (H) Other similar insurance coverage, specified in regu-
                                                                                         lations, under which benefits for medical care are sec-
                                                                                         ondary or incidental to other insurance benefits.
                                                                                      (2) BENEFITS NOT SUBJECT TO REQUIREMENTS IF OFFERED
                                                                                    SEPARATELY.—
                                                                                            (A) Limited scope dental or vision benefits.
                                                                                            (B) Benefits for long-term care, nursing home care, home
                                                                                         health care, community-based care, or any combination




dlhill on DSK120RN23PROD with HEARING
                                                                                         thereof.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00116   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              117

                                                                                             (C) Such other similar, limited benefits as are specified
                                                                                          in regulations.
                                                                                        (3) BENEFITS NOT SUBJECT TO REQUIREMENTS IF OFFERED AS
                                                                                     INDEPENDENT, NONCOORDINATED BENEFITS.—
                                                                                             (A) Coverage only for a specified disease or illness.
                                                                                             (B) Hospital indemnity or other fixed indemnity insur-
                                                                                          ance.
                                                                                        (4) BENEFITS NOT SUBJECT TO REQUIREMENTS IF OFFERED AS
                                                                                     SEPARATE INSURANCE POLICY.—Medicare supplemental health
                                                                                     insurance (as defined under section 1882(g)(1) of the Social Se-
                                                                                     curity Act), coverage supplemental to the coverage provided
                                                                                     under chapter 55 of title 10, United States Code, and similar
                                                                                     supplemental coverage provided to coverage under a group
                                                                                     health plan.
                                                                                   (d) OTHER DEFINITIONS.—For purposes of this part—
                                                                                        (1) COBRA CONTINUATION PROVISION.—The term ‘‘COBRA
                                                                                     continuation provision’’ means any of the following:
                                                                                             (A) Part 6 of this subtitle.
                                                                                             (B) Section 4980B of the Internal Revenue Code of 1986,
                                                                                          other than subsection (f)(1) of such section insofar as it re-
                                                                                          lates to pediatric vaccines.
                                                                                             (C) Title XXII of the Public Health Service Act.
                                                                                        (2) HEALTH STATUS-RELATED FACTOR.—The term ‘‘health sta-
                                                                                     tus-related factor’’ means any of the factors described in sec-
                                                                                     tion 702(a)(1).
                                                                                        (3) NETWORK PLAN.—The term ‘‘network plan’’ means health
                                                                                     insurance coverage offered by a health insurance issuer under
                                                                                     which the financing and delivery of medical care (including
                                                                                     items and services paid for as medical care) are provided, in
                                                                                     whole or in part, through a defined set of providers under con-
                                                                                     tract with the issuer.
                                                                                        (4) PLACED FOR ADOPTION.—The term ‘‘placement’’, or being
                                                                                     ‘‘placed’’, for adoption, has the meaning given such term in sec-
                                                                                     tion 609(c)(3)(B).
                                                                                        (5) FAMILY MEMBER.—The term ‘‘family member’’ means,
                                                                                     with respect to an individual—
                                                                                             (A) a dependent (as such term is used for purposes of
                                                                                          section 701(f)(2)) of such individual, and
                                                                                             (B) any other individual who is a first-degree, second-de-
                                                                                          gree, third-degree, or fourth-degree relative of such indi-
                                                                                          vidual or of an individual described in subparagraph (A).
                                                                                        (6) GENETIC INFORMATION.—
                                                                                             (A) IN GENERAL.—The term ‘‘genetic information’’ means,
                                                                                          with respect to any individual, information about—
                                                                                                   (i) such individual‘s genetic tests,
                                                                                                   (ii) the genetic tests of family members of such indi-
                                                                                                vidual, and
                                                                                                   (iii) the manifestation of a disease or disorder in
                                                                                                family members of such individual.
                                                                                             (B) INCLUSION OF GENETIC SERVICES AND PARTICIPATION
                                                                                          IN GENETIC RESEARCH.—Such term includes, with respect
                                                                                          to any individual, any request for, or receipt of, genetic
                                                                                          services, or participation in clinical research which in-
                                                                                          cludes genetic services, by such individual or any family




dlhill on DSK120RN23PROD with HEARING
                                                                                          member of such individual.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00117   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              118

                                                                                            (C) EXCLUSIONS.—The term ‘‘genetic information’’ shall
                                                                                         not include information about the sex or age of any indi-
                                                                                         vidual.
                                                                                       (7) GENETIC TEST.—
                                                                                            (A) IN GENERAL.—The term ‘‘genetic test’’ means an
                                                                                         analysis of human DNA, RNA, chromosomes, proteins, or
                                                                                         metabolites, that detects genotypes, mutations, or chromo-
                                                                                         somal changes.
                                                                                            (B) EXCEPTIONS.—The term ‘‘genetic test’’ does not
                                                                                         mean—
                                                                                                 (i) an analysis of proteins or metabolites that does
                                                                                              not detect genotypes, mutations, or chromosomal
                                                                                              changes; or
                                                                                                 (ii) an analysis of proteins or metabolites that is di-
                                                                                              rectly related to a manifested disease, disorder, or
                                                                                              pathological condition that could reasonably be de-
                                                                                              tected by a health care professional with appropriate
                                                                                              training and expertise in the field of medicine in-
                                                                                              volved.
                                                                                       (8) GENETIC SERVICES.—The term ‘‘genetic services’’ means—
                                                                                            (A) a genetic test;
                                                                                            (B) genetic counseling (including obtaining, interpreting,
                                                                                         or assessing genetic information); or
                                                                                            (C) genetic education.
                                                                                       (9) UNDERWRITING PURPOSES.—The term ‘‘underwriting pur-
                                                                                     poses’’ means, with respect to any group health plan, or health
                                                                                     insurance coverage offered in connection with a group health
                                                                                     plan—
                                                                                            (A) rules for, or determination of, eligibility (including
                                                                                         enrollment and continued eligibility) for benefits under the
                                                                                         plan or coverage;
                                                                                            (B) the computation of premium or contribution amounts
                                                                                         under the plan or coverage;
                                                                                            (C) the application of any pre-existing condition exclu-
                                                                                         sion under the plan or coverage; and
                                                                                            (D) other activities related to the creation, renewal, or
                                                                                         replacement of a contract of health insurance or health
                                                                                         benefits.
                                                                                         *            *           *               *           *         *           *




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00118   Fmt 6659   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                    MINORITY VIEWS
                                                                                                                        INTRODUCTION
                                                                                 We continue to see the terrible consequences of students and
                                                                              young adults suffering from mental health issues. In the wake of
                                                                              prolonged school closures, Democrats have received a giant warn-
                                                                              ing: stop playing to the base and start working across the aisle to
                                                                              save lives.
                                                                                 School closures were particularly damaging for young people. In
                                                                              2021, more than one-third of high school students reported they ex-
                                                                              perienced poor mental health during the COVID–19 pandemic, and
                                                                              over 40 percent reported persistent feelings of sadness or hopeless-
                                                                              ness during the preceding year.1 Studies show that the prolonged
                                                                              shutdown of schools exacerbated students’ mental health issues.2
                                                                              The pandemic created a pervasive sense of fear, economic insta-
                                                                              bility, and forced physical distancing, which significantly worsened
                                                                              the stresses young people already faced. School closures caried high
                                                                              social and economic costs, and the impact was particularly severe
                                                                              for the most vulnerable students and families.3 According to the
                                                                              Centers for Disease Control and Prevention, fewer than half of
                                                                              youth reported feeling close to peers and teachers at school during
                                                                              the pandemic.4 Youth who were more disconnected from school
                                                                              were found to be more likely to have feelings of hopelessness, seri-
                                                                              ous considerations of suicide, or attempts of suicide.5 Additionally,
                                                                              fifteen percent of youth reported suffering from at least one major
                                                                              depressive episode in the preceding year.6 Childhood depression is
                                                                              more likely to persist into adulthood if gone untreated.7 Suicide is
                                                                              the fourth leading cause of death among teens and young adults
                                                                              globally and the second leading cause of death in youth in the
                                                                              United States.8
                                                                                                                          TITLES I–IV

                                                                                Democrats included two currently funded programs and two new
                                                                              programs related to education and Head Start programs in H.R.
                                                                              7780 as the base for their proposal to address mental health chal-
                                                                              lenges in schools. While these were a good start to addressing the
                                                                              mental health needs of students, there are improvements that
                                                                              could be made to better target this support. To truly work for the
                                                                              students, these programs should be better connected to the needs
                                                                              on the ground.
                                                                                   1 https://www.cdc.gov/media/releases/2022/p0331-youth-mental-health-covid-19.html.
                                                                                   2 Student anxiety, depression increasing during school closures, survey finds | EdSource.
                                                                                   3 Student anxiety, depression increasing during school closures, survey finds | EdSource.
                                                                                   4 https://www.cdc.gov/media/releases/2022/p0331-youth-mental-health-covid-19.html.
                                                                                   5 https://www.cdc.gov/mmwr/volumes/69/wr/mm6945a3.htm.
                                                                                   6 https://www.cdc.gov/mmwr/volumes/69/wr/mm6945a3.htm.
                                                                                   7 Youth Data 2021 | Mental Health America (mhanational.org).
                                                                                   8 https://www.nimh.nih.gov/health/statistics/suicide.


                                                                                                                               (119)




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00119   Fmt 6604   Sfmt 6604   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              120

                                                                                Despite current funding for these efforts being just under $125
                                                                              million, H.R. 7780 authorizes over $5 billion in additional spend-
                                                                              ing, an irresponsible amount with no guarantee that the Depart-
                                                                              ment can award those funds to high-quality programs.
                                                                                That is why Republicans took a more practical, reliable, and re-
                                                                              sponsible approach to help local school and community leaders ad-
                                                                              dress the mental health needs for students. First, the Republican
                                                                              proposal is funded at $125 million over five years. This corresponds
                                                                              to the existing funding and, with the legislative improvements pro-
                                                                              posed, would be real funds available for states and school districts
                                                                              to use to address mental health. In the time since this bill was
                                                                              marked up, Congress hastily passed other legislation that included
                                                                              these programs, thus making this bill obsolete before the report
                                                                              was filed. Unfortunately, that legislation included significant new
                                                                              funding for these programs without addressing the basic concern of
                                                                              ensuring these taxpayer funds will be used in an effective manner
                                                                              to meet its intended purpose: to help students.
                                                                              Republican Amendment
                                                                                 Beyond addressing funding levels, Republicans streamlined the
                                                                              existing programs to avoid duplication of effort. By streamlining
                                                                              funding, eligible entities can spend less time filling out paperwork
                                                                              and tracking duplicative requirements and more time meeting the
                                                                              mental health needs of students. Further, the Republican proposal
                                                                              is structured around actual needs on the ground. By requiring a
                                                                              need analysis by the state, the program allows the state to use the
                                                                              funds to address the actual needs they are facing rather than forc-
                                                                              ing the state to use those funds on whatever needs Washington,
                                                                              D.C. has determined to be significant. There is also a requirement
                                                                              for the local eligible entity to have a need analysis which can either
                                                                              be a part of the state analysis or can be conducted by the eligible
                                                                              entity. The Republican plan makes it clear that these funds are in-
                                                                              tended to help all students in need, whether they be traditional
                                                                              public school students, charter school students, or private school
                                                                              students. As previously noted, the school closures had a severe,
                                                                              negative impact on students, increasing the mental health crisis
                                                                              communities are facing. The Republican proposal would ensure
                                                                              local school leaders have access to funding to address the particular
                                                                              needs of their community.
                                                                                 The Republican proposal also recognizes the need for coordina-
                                                                              tion of programs. Rather than layer program on top of program like
                                                                              the Democrat proposal does, the Republican plan provides grants
                                                                              to states which in turn provide grants to local eligible entities. This
                                                                              ensures the state is aware of the needs in each community that re-
                                                                              ceives funding and can both better support those efforts and can
                                                                              avoid wasteful and duplicative work. Further, the Republican plan
                                                                              provides the state with funding to support the local grantees
                                                                              through technical assistance and other support. This protects the
                                                                              taxpayer‘s investment to ensure the funds are well spent. The plan
                                                                              also includes funding for states to offer statewide programs to ad-
                                                                              dress the mental health needs students face; these programs must
                                                                              be tied to the need analysis. Finally, by including statewide activi-
                                                                              ties, Republicans ensure greater support to students across the
                                                                              state.




dlhill on DSK120RN23PROD with HEARING



                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00120   Fmt 6604   Sfmt 6604   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              121

                                                                                Finally, the Republican proposal includes important account-
                                                                              ability metrics and would restrict any funds from going to states
                                                                              or local entities if they cannot demonstrate adequate progress to-
                                                                              ward the stated goals in the application. In other words, if the
                                                                              state or local grantee is not doing what they said they would or if
                                                                              what they are doing simply does not work, the taxpayer would stop
                                                                              funding it. This plan would support success and cut off failed
                                                                              projects.
                                                                                                                   TITLE V: RISE ACT

                                                                                Title V of the Mental Health Matters Act contains the Respond,
                                                                              Innovate, Succeed, and Empower (RISE) Act. Republicans support
                                                                              the intent of this language: we agree that students with disabilities
                                                                              should face fewer hoops to jump through when documenting their
                                                                              disability to their college or university and receiving their legally
                                                                              required accommodations. Unfortunately, the RISE Act has unin-
                                                                              tended consequences that should be addressed before this package
                                                                              proceeds. These flaws are the inevitable result when the majority
                                                                              rushes legislation through the process without taking the time ei-
                                                                              ther to engage with outside stakeholders or to reach across the
                                                                              aisle to understand the impact of a bill.
                                                                                First, this bill could force colleges and universities to accept long-
                                                                              outdated documentation from students who are claiming disability
                                                                              status but who do not in fact have a qualifying disability under fed-
                                                                              eral disability law. Second, the bill removes almost all discretion
                                                                              from colleges and universities in determining if a student qualifies
                                                                              as a student with a disability. The Individuals with Disabilities
                                                                              Education Act, which imposes a stricter legal framework on ele-
                                                                              mentary and secondary schools than colleges and universities face
                                                                              under section 504 of the Rehabilitation Act of 1973 or the Ameri-
                                                                              cans with Disabilities Act, gives elementary and secondary schools
                                                                              more discretion than this bill provides colleges and universities.
                                                                              Whether this is an admirable feature of the bill or a concerning one
                                                                              is debatable—and that is the point: we should debate it, among
                                                                              ourselves and with outside experts, so that we can fully understand
                                                                              the consequences of such a decision before we move forward.
                                                                                Committee Republicans would happily engage with stakeholders
                                                                              and our friends across the aisle to come to a bipartisan resolution
                                                                              on this bill. And perhaps we will be able to do that in the next Con-
                                                                              gress in the context of a comprehensive reform of the Higher Edu-
                                                                              cation Act. Unfortunately, until the majority allows that process to
                                                                              play out, we must urge opposition to this language.
                                                                                                           TITLES VI AND VII OF H.R. 7780

                                                                                 Titles VI and VII of H.R. 7780 include the text of two bills 9 in-
                                                                              troduced less than a week before the markup of H.R. 7780 and that
                                                                              were never discussed at a Committee hearing. Committee Repub-
                                                                              licans are dedicated to improving access to employee benefits and
                                                                              reducing the burdens on employers who offer such benefits. That
                                                                              is why Committee Republicans worked with Committee Democrats
                                                                                9 H.R. 7767, the Strengthening Behavioral Health Benefits Act, was introduced by Rep. Joe
                                                                              Courtney (D–CT) on May 13, 2022, and H.R. 7740, the Employee and Retiree Access to Justice




dlhill on DSK120RN23PROD with HEARING
                                                                              Act of 2022, was introduced by Rep. Mark DeSaulnier (D–CA) on May 12, 2022.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00121   Fmt 6604   Sfmt 6604   E:\HR\OC\HR484.XXX   HR484
                                                                                                                              122

                                                                              on a bipartisan basis to pass H.R. 5891, the Retirement Improve-
                                                                              ment and Savings Enhancement Act (RISE Act) as part of H.R.
                                                                              2954, the Securing a Strong Retirement Act (SSRA). Rather than
                                                                              push partisan legislation like H.R. 7780, which will threaten access
                                                                              and affordability of workplace benefits, the Committee should focus
                                                                              on enacting the bipartisan reforms in the RISE Act and SSRA.
                                                                               H.R. 7780 THREATENS AND DELAYS ACCESS TO WORKPLACE BENEFITS

                                                                              DOL Enforcement Authority
                                                                                Committee Republicans support mental health parity, which is
                                                                              why Congress has passed multiple laws to ensure employers are
                                                                              able to meet mental health parity requirements under the Mental
                                                                              Health Parity and Addiction Equity Act (MHPAEA). Unfortunately,
                                                                              Title VI of H.R. 7780 inappropriately expands DOL’s ability to
                                                                              bring civil actions against plans governed by the Employee Retire-
                                                                              ment Income Security Act of 1974 (ERISA) that voluntarily offer
                                                                              mental health benefits. Allowing recoveries for ‘‘all losses’’ is am-
                                                                              biguous and overly broad, especially given the difficulty of deter-
                                                                              mining what would be required to make the plan participant
                                                                              whole. Such a change to ERISA could cause employers to drop
                                                                              mental health and substance use disorder benefits altogether for
                                                                              fear of excessive litigation. The Partnership for Employer-Spon-
                                                                              sored Coverage stated as follows:
                                                                                     Two proposals in H.R. 7780 (to encourage individual and
                                                                                   DOL [Department of Labor]/EBSA [Employee Benefits Se-
                                                                                   curity Administration] enforcement of parity standards;
                                                                                   and to ban arbitration and other discretionary clauses) es-
                                                                                   sentially weaponize the relationship between employers
                                                                                   that sponsor health coverage and their covered employees
                                                                                   as regards to mental health care and substance abuse dis-
                                                                                   order and coverage. Litigation will add to the cost of cov-
                                                                                   erage for employees and employers without meaningfully
                                                                                   improving coverage.10
                                                                                There is great value in providing patients with robust mental
                                                                              health coverage, which is why many employers voluntarily include
                                                                              mental health coverage as part of a benefits package. However, de-
                                                                              spite receiving explicit direction from Congress outlining the infor-
                                                                              mation DOL must provide plans, the Department has yet to issue
                                                                              guidance illustrating how plans may demonstrate compliance with
                                                                              the law. DOL’s 2020 MHPAEA report to Congress stated that 100
                                                                              percent of plans were out of compliance with the Department’s
                                                                              mental health parity analysis requirements.11 If DOL believes that
                                                                              every plan is out of compliance, the Department has clearly failed
                                                                              to explain to plans what is required and to assist them in adhering
                                                                              to those requirements.

                                                                                10 Letter from Partnership for Employer-Sponsored Coverage to Reps. Bobby Scott and Vir-

                                                                              ginia Foxx (May 17, 2022).
                                                                                11 2022 MHPAEA REPORT TO CONGRESS, https://www.dol.gov/sites/dolgov/files/EBSA/laws-and-

                                                                              regulations/laws/mental-health-parity/ report-to-congress-2022-realizing-parity-reducing-stigma-




dlhill on DSK120RN23PROD with HEARING
                                                                              and-raising-awareness.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006   PO 00000   Frm 00122   Fmt 6604   Sfmt 6604   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               123

                                                                              Discretionary Clauses
                                                                                 Most ERISA benefit plans, including health and retirement
                                                                              plans, adopt discretionary clauses which grant the plan adminis-
                                                                              trator discretionary authority to interpret the plan documents and
                                                                              resolve disputes pursuant to DOL regulations.12 This ability to del-
                                                                              egate authority to the plan administrator is born out of ERISA’s
                                                                              goal of encouraging employers to sponsor and implement benefit
                                                                              plans. Further, ERISA‘s claims process is meant to be expedited,
                                                                              and factual determinations need to be made about the terms of the
                                                                              plan.
                                                                                 By prohibiting discretionary clauses in ERISA plans under Title
                                                                              VII of H.R. 7780, any benefit determinations made by the plan
                                                                              would be far more likely to be challenged in court. Every time an
                                                                              issue arises where the plan terms are not 100 percent clear, the
                                                                              plan administrator would be powerless to interpret the plan, leav-
                                                                              ing litigation as the only means of resolving the issue. This out-
                                                                              come will substantially increase the costs and liability of offering
                                                                              mental health and retirement benefits to workers and their fami-
                                                                              lies. The American Retirement Association agree with this assess-
                                                                              ment, stating as follows:
                                                                                      This change will simply result in more retirement plan
                                                                                   administrative costs and litigation that will benefit the
                                                                                   plaintiffs’ bar but not everyday working Americans who
                                                                                   are saving for a secure retirement. This legislation only of-
                                                                                   fers more deterrent to maintaining retirement plans and
                                                                                   should be opposed.13
                                                                                 The U.S. Chamber of Commerce shared similar concerns with the
                                                                              Committee:
                                                                                      Contrary to its name, by effectively prohibiting arbitra-
                                                                                   tion in ERISA claims and prohibiting discretionary
                                                                                   clauses, this provision would limit recovery amounts, in-
                                                                                   crease the costs of claims for benefits, and increase the
                                                                                   time for courts to resolve claims for benefits, including
                                                                                   time sensitive claims such as disability and severance.14
                                                                                 At best, employers sponsoring mental health and retirement
                                                                              plans will divert cash to pay plaintiffs’ attorneys that could be bet-
                                                                              ter spent providing benefits to employees. At worst, plan sponsors
                                                                              will reduce or eliminate benefits altogether. Either way, there will
                                                                              be downward pressure on mental health benefits and retirement
                                                                              savings—at a time when soaring inflation is eating away both
                                                                              wages and savings.
                                                                              Arbitration Clauses
                                                                                Title VII of H.R. 7780 further delays ERISA’s benefits claims
                                                                              process at the expense of plan participants by prohibiting pre-dis-
                                                                              pute arbitration and curtailing post-dispute arbitration. Arbitration
                                                                              clauses are important tools for protecting participants and benefit
                                                                                   12 Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989).
                                                                                13 Letter from Brian H. Graff, Exec. Dir./CEO, Am. Ret. Ass’n., to Reps. Bobby Scott and Vir-
                                                                              ginia Foxx (May 17, 2022).
                                                                                14 Letter from Neil L. Bradley, Exec. Dir., Chief Pol’y Off., & Head of Strategic Advocacy, U.S.




dlhill on DSK120RN23PROD with HEARING
                                                                              Chamber of Com., to Reps. Bobby Scott and Virginia Foxx (May 18, 2022).




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00123   Fmt 6604   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               124

                                                                              plans from the costs of litigation and the fees paid to plaintiffs’ at-
                                                                              torneys. Unlike litigation, which takes years to realize results, arbi-
                                                                              tration can facilitate the timely receipt of benefits owed to partici-
                                                                              pants. The national average time between filing a civil case and a
                                                                              trial in U.S. district courts is more than two years; if the court is
                                                                              overworked, the average is often three or four years.15 In compari-
                                                                              son, a recent study found that consumer- and employee-arbitration
                                                                              claimants are more likely to win, receive higher monetary awards,
                                                                              and spend less time in arbitration than in litigation.16 Given the
                                                                              advantages of arbitration to plan participants, Title VII of H.R.
                                                                              7780’s curtailment of arbitration only benefits trial lawyers who
                                                                              reap attorneys‘ fees in litigation.
                                                                                                H.R. 7780 NEEDLESSLY SPENDS TAXPAYER DOLLARS

                                                                                 H.R. 7780 needlessly appropriates an additional $275 million in
                                                                              new mandatory funding over 10 years to EBSA for mental health
                                                                              parity enforcement. To put this into perspective, EBSA’s Fiscal
                                                                              Year 2022 budget is $181 million. In addition to annual appropria-
                                                                              tions, EBSA received $8.6 million in FY 2021 and $23.8 million in
                                                                              FY 2020 to implement the mental health parity requirements of
                                                                              the Consolidated Appropriations Act, 2020.17
                                                                                                              REPUBLICAN AMENDMENTS

                                                                                 Rep. Rick Allen (R–GA) offered an amendment at the Committee
                                                                              markup to ensure that DOL assists employers and health plans to
                                                                              meet mental health parity requirements and to protect taxpayers
                                                                              from yet more needless government spending. The amendment
                                                                              makes implementation of Title VI of H.R. 7780 conditional on DOL
                                                                              fulfilling its statutory duty by issuing a rule that provides clear
                                                                              guidance and compliance assistance to employers and plans on how
                                                                              to meet its mental health parity requirements. The amendment
                                                                              also strikes Title VI’s $275 million in new mandatory funding for
                                                                              mental health parity enforcement. Congress should not provide
                                                                              DOL with additional enforcement authority and taxpayer dollars to
                                                                              create mental health parity rules through litigation and legal
                                                                              claims. DOL could more effectively advance mental health if it fo-
                                                                              cused its efforts on establishing clear guidance and compliance as-
                                                                              sistance instead of harassing plans and employers. Democrats
                                                                              voted against this commonsense amendment.
                                                                                 Rep. Diana Harshbarger (R–TN) offered an amendment high-
                                                                              lighting Democrats‘ preferential treatment for union-run benefit
                                                                              plans. The amendment strikes Title VII‘s exemption of multiem-
                                                                              ployer benefit plans from the bill‘s prohibition on discretionary
                                                                              clauses. Prohibiting discretionary clauses is a drastic and ill-con-
                                                                              ceived departure from current law that will only benefit trial law-
                                                                                15 The Judicial Conference’s Recommendation for More Judgeships: Hearing Before the S.
                                                                              Comm. on the Judiciary, 116th Cong. (June 30, 2020) (statement of Judge Brian Stacy Miller,
                                                                              D.C. Ark., at 10).
                                                                                16 NAM D. PHAM & MARY DONAVAN, NDP ANALYTICS, FAIRER, FASTER, BETTER III: AN EMPIR-
                                                                              ICAL ASSESSMENT OF CONSUMER AND EMPLOYMENT ARBITRATION (Mar. 2022), https://
                                                                              instituteforlegalreform.com/wp-content/uploads/2022/03/FINAL-ndp-Consumer-and-Employment-
                                                                              Arbitration-Paper-2022.pdf.
                                                                                17 Title VI’s large increase in spending reflects the Department of Labor’s FY 2023 budget re-
                                                                              quest for mental health parity enforcement. The budget request proposes doubling EBSA’s full-
                                                                              time employees auditing plans. FY 2023 CONGRESSIONAL BUDGET JUSTIFICATION, EMP. BENEFITS




dlhill on DSK120RN23PROD with HEARING
                                                                              SECURITY ADMIN., https://www.dol.gov/sites/dolgov/files/general/budget/2023/CBJ-2023-V2-01.pdf.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022   Jkt 029006    PO 00000   Frm 00124   Fmt 6604   Sfmt 6602   E:\HR\OC\HR484.XXX   HR484
                                                                                                                               125

                                                                              yers at the expense of workers and retirees who rely on employee
                                                                              benefit plans. If Democrats insist on disrupting the administration
                                                                              of employee benefits, then they should not exempt their friends in
                                                                              Big Labor who run multiemployer benefit plans. While alarming,
                                                                              this blatant display of favoritism is not surprising. Last year,
                                                                              Democrats enacted an irresponsible and uncapped taxpayer-funded
                                                                              bailout of mismanaged multiemployer pension plans under the
                                                                              guise of COVID 19 relief in the so-called American Rescue Plan
                                                                              Act.18 Rather than apply the law equally to single employer and
                                                                              multiemployer plans, Democrats rejected this amendment in a
                                                                              party-line vote.
                                                                                Rep. Mary Miller (R–IL) offered an amendment to strike the re-
                                                                              quirement to provide graduates specific education regarding how to
                                                                              meet the needs of lesbian, gay, bisexual, transgender, queer, or
                                                                              questioning, non-binary, or Two-Spirit. This grant is supposed to be
                                                                              for increasing the number of school-based mental health profes-
                                                                              sionals serving in high-need school districts and federal grants
                                                                              should be structured to help local areas address the various needs
                                                                              they face.
                                                                                                                         CONCLUSION
                                                                                 Mental health is a grave issue that impacts families and children
                                                                              alike. Washington should stop pretending there is one solution that
                                                                              works for every community. If America is going to solve this crisis,
                                                                              it will take clearer goals, stronger support, and more flexibility
                                                                              given to local leaders on how best to solve the problems faced on
                                                                              the ground. The Republican alternative does all this in a fiscally
                                                                              responsible manner. Republicans are ready to work with Democrats
                                                                              once they are drop their bloated proposals that fail to focus on local
                                                                              needs.
                                                                                                                 VIRGINIA FOXX,
                                                                                                                   Ranking Member.
                                                                                                                 GLENN ‘‘GT’’ THOMPSON.
                                                                                                                 TIM WALBERG.
                                                                                                                 GLENN GROTHMAN.
                                                                                                                 ELISE M. STEFANIK.
                                                                                                                 RICK W. ALLEN.
                                                                                                                 JAMES COMER.
                                                                                                                 RUSS FULCHER.
                                                                                                                 FRED KELLER.
                                                                                                                 BURGESS OWENS.
                                                                                                                 LISA C. MCCLAIN.
                                                                                                                 MARY E. MILLER.
                                                                                                                 SCOTT FITZGERALD.
                                                                                                                 CHRIS JACOBS.
                                                                                                                 BRAD FINSTAD.

                                                                                                                                   Æ




dlhill on DSK120RN23PROD with HEARING
                                                                                   18 Pub. L. No. 117–2 (2021), 29 U.S.C. § 1432.




                                        VerDate Sep 11 2014   05:34 Sep 28, 2022    Jkt 029006   PO 00000   Frm 00125   Fmt 6604    Sfmt 6611   E:\HR\OC\HR484.XXX   HR484


File and source

File
CRPT_crpt-117hrpt484_crpt-117hrpt484.pdf
Size
1,519,669 bytes
SHA-256
a83331672539650b47e262b504c307982ef4589ec5b142594d9ce8212aa96699
Our copy
CRPT_crpt-117hrpt484_crpt-117hrpt484.pdf
Original
www.govinfo.gov
Back to top