,,ib ,union ,calendar ,no4 #cgc #aagth ,,congress #b;d ,session ,h4 ,r4 #gghj ,report ,no4 #aag-dhd ,,in ,,the ,,house ,,of ,,representatives ,may #af1 #bjbb,mr4 ,de,saulnier 7for himself and ,mr4 ,scott of ,virginia7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor ,september #bb1 #bjbb;,additional sponsors3 ,mr4 ,sablan and ,mrs4 ,cherfilus-,mc,cormick ,september #bb1 #bjbb,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,may #af1 #bjbb ,a ,,bill ,to support the behavioral needs of students and youth1 invest in the school-based behavioral health workforce1 and ensure access to mental health and substance use disorder benefits4 #a4 ,short title ,this ,act may be cited as the ,mental ,health ,matters ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,title ,i--,early ,childhood ,mental ,health ,act,sec4 #aja4 ,short title4,sec4 #ajb4 ,identification of effective interventions in ,head ,start programs4,sec4 #ajc4 ,implementing the interventions in ,head ,start programs4,sec4 #ajd4 ,evaluating implementation of interventions in ,head ,start programs4,sec4 #aje4 ,implementing the evaluation framework for ,head ,start programs4,sec4 #ajf4 ,best ,practice ,centers4,sec4 #ajg4 ,funding4,title ,,ii--,building ,pipeline of ,school-,based ,mental ,health ,service ,providers ,act ,sec4 #bja4 ,short title4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,grant program to increase the number of school-based mental health services providers serving in high-need local educational agencies4,title ,,iii--,elementary and ,secondary ,school ,counseling ,act,sec4 #cja4 ,short title4,sec4 #cjb4 ,definitions4,sec4 #cjc4 ,allotments to ,states and subgrants to local educational agencies4,sec4 #cjd4 ,authorization of appropriations4,title ,,iv--,supporting ,trauma-,informed ,education ,practices ,act,sec4 #dja4 ,short title4,sec4 #djb4 ,amendment to the ,,support for ,patients and ,communities ,act4,title ,v--,respond1 ,innovate1 ,succeed1 and ,empower ,act,sec4 #eja4 ,short title4,sec4 #ejb4 ,perfecting amendment to the definition of disability4,sec4 #ejc4 ,supporting students with disabilities to succeed once enrolled in college4,sec4 #ejd4 ,authorization of funds for the ,national ,center for ,information and ,technical ,support for ,postsecondary ,students ,with ,disabilities4,sec4 #eje4 ,inclusion of information on students with disabilities4,sec4 #ejf4 ,rule of construction4,title ,,vi--,strengthening ,behavioral ,health ,benefits ,act,sec4 #fja4 ,short title4,sec4 #fjb4 ,enforcement of ,mental ,health and ,substance ,use ,disorder ,requirements4,title ,,vii--,employee and ,retiree ,access to ,justice ,act,sec4 #gja4 ,short title4,sec4 #gjb4 ,unenforceable arbitration clauses1 class action waivers1 representation waivers1 and discretionary clauses4,sec4 #gjc4 ,prohibition on mandatory arbitration clauses1 class action waivers1 representation waivers1 and discretionary clauses4,sec4 #gjd4 ,effective date4 ,i ,early ,childhood ,mental ,health ,act #aja4 ,short title ,this title may be cited as the ,early ,childhood ,mental ,health ,support ,act4 #ajb4 ,identification of effective interventions in ,head ,start programs 7a7 ,interventions that improve social-,emotional and behavioral health of children 7#a7 ,in general ,the ,secretary of ,health and ,human ,services acting through the ,assistant ,secretary for the ,administration for ,children and ,families 7in this section referred to as the ,secretary7 shall identify and review interventions1 best practices1 curricula1 and staff trainings-- 7,a7 that improve the behavioral health of children2 and 7,b7 that are evidence based4 7#b7 ,focus ,in carrying out paragraph 7#a71 the ,secretary shall focus on interventions1 best practices1 curricula1 and staff trainings that-- 7,a7 can be delivered by a provider or other staff member in or associated with a ,head ,start program or ,early ,head ,start center2 7,b7 are demonstrated to improve or support healthy social1 emotional1 or cognitive development for children in ,head ,start or ,early ,head ,start programs1 with an empirical or theoretical relationship to later mental health or substance abuse outcomes2 7,c7 involve changes to center-wide policies or practices1 or other services and supports offered in conjunction with ,head ,start programs or ,early ,head ,start centers1 including services provided to adults or families 7with or without a child present7 for the benefit of the children2 7,d7 demonstrate effectiveness across racial1 ethnic1 and geographic populations or demonstrate the capacity to be adapted to be effective across populations2 7,e7 offer a tiered approach to addressing need1 including-- 7i7 universal interventions for all children2 7ii7 selected prevention for children demonstrating increased need2 and 7iii7 indicated prevention for children demonstrating substantial need2 7,f7 incorporate trauma-informed care approaches2 or 7,g7 have a proven record of improving early childhood and social emotional development4 7b7 ,interventions that support staff wellness ,in carrying out subsection 7a71 the ,secretary shall identify and review interventions1 best practices1 curricula1 and staff trainings that support staff wellness and self-care4 7c7 ,credentials ,in carrying out subsections 7a7 and 7b71 the ,secretary1 in consultation with relevant experts1 shall determine the appropriate credentials for individuals who deliver the interventions1 best practices1 curricula1 and staff trainings identified by the ,secretary4 7d7 ,consultation2 public input ,in carrying out this section1 the ,secretary shall-- 7#a7 consult with relevant agencies1 experts1 academics1 think tanks1 and nonprofit organizations with expertise in early childhood1 mental health1 and trauma-informed care1 including the ,national ,institute of ,mental ,health1 the ,administration for ,children and ,families1 the ,substance ,abuse and ,mental ,health ,services ,administration1 the ,institute of ,education ,sciences1 and the ,centers for ,disease ,control and ,prevention2 and 7#b7 solicit public input on-- 7,a7 the design of the reviews under subsections 7a7 and 7b72 and 7,b7 the findings and conclusions resulting from such reviews4 7e7 ,timing ,the ,secretary shall-- 7#a7 complete the initial reviews required by subsections 7a7 and 7b7 not later than #b years after the date of enactment of this ,act2 and 7#b7 update such reviews and the findings and conclusions therefrom at least every #e years4 7f7 ,reporting ,not later than #a year after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary shall submit a report to the ,congress on the results of implementing this section4 #ajc4 ,implementing the interventions in ,head ,start programs 7a7 ,in general ,the ,assistant ,secretary for the ,administration for ,children and ,families shall award grants to participating ,head ,start agencies to implement the interventions1 best practices1 curricula1 and staff trainings that are identified pursuant to section #ajb4 7b7 ,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 ,states1 including urban1 suburban1 and rural areas4 #ajd4 ,evaluating implementation of interventions in ,head ,start programs 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting through the ,assistant ,secretary for ,planning and ,evaluation and in coordination with the ,assistant ,secretary for the ,administration for ,children and ,families1 shall-- 7#a7 determine whether the interventions1 best practices1 curricula1 and staff trainings implemented pursuant to section #ajc-- 7,a7 are effectively implemented pursuant to section #ajc and other relevant provisions of law such that the anticipated effect sizes of the interventions1 best practices1 curricula1 and staff trainings are achieved2 and 7,b7 yield long-term savings2 7#b7 develop a method for making the determination required by paragraph 7#a72 7#c7 ensure that such method includes competency and testing approaches1 performance or outcome measures1 or any other methods deemed appropriate by the ,assistant ,secretary1 taking into consideration existing monitoring components of the ,head ,start and ,early ,head ,start programs2 and 7#d7 solicit public input on the design1 findings1 and conclusions of this process and shall consider whether updates are necessary at least every #e years4 7b7 ,process ,in carrying out subsection 7a71 the ,secretary of ,health and ,human ,services shall-- 7#a7 conduct any research and evaluation studies needed2 and 7#b7 solicit public input on-- 7,a7 the design of the method developed pursuant to subsection 7a77#b72 and 7,b7 the resulting findings and conclusions4 7c7 ,timing ,the ,secretary of ,health and ,human ,services shall-- 7#a7 develop the method required by subsection 7a77#b7 and make the initial determination required by subsection 7a77#a7 not later than #b years after the date of enactment of this ,act2 and 7#b7 update such method and determination at least every #e years4 #aje4 ,implementing the evaluation framework for ,head ,start programs 7a7 ,evaluation method ,the ,assistant ,secretary for the ,administration for ,children and ,families shall implement the evaluation method developed pursuant to section #ajd7;a7 in the ,head ,start program as a voluntary mechanism for interested ,head ,start programs or ,early ,head ,start centers to evaluate the extent to which such programs or centers have effectively implemented the interventions1 best practices1 curricula1 and staff trainings identified pursuant to section #ajb1 with minimal burden or disruption to programs and centers interested in participating4 7b7 ,technical assistance ,the ,assistant ,secretary for the ,administration for ,children and ,families shall provide guidance1 tools1 resources1 and technical assistance to grantees for implementing and evaluating interventions1 best practices1 curricula1 and staff trainings identified pursuant to section #ajb and optimizing the performance of such grantees on the annual evaluations4 #ajf4 ,best ,practice ,centers ,the ,assistant ,secretary for the ,administration for ,children and ,families may fund up to #e ,best ,practice ,centers in ,early ,childhood ,training in universities and colleges to prepare future ,head ,start agencies and staff able to deliver the interventions1 best practices1 curricula1 and staff trainings identified pursuant to section #ajb4 #ajg4 ,funding 7a7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj for the period of fiscal years #bjbc through #bjcb for carrying out sections #ajc7;b71 #ajd1 and #ajf4 7b7 ,availability of appropriations ,amounts authorized to be appropriated by subsection 7a7 are authorized to remain available until expended4 ,,ii ,building ,pipeline of ,school-,based ,mental ,health ,service ,providers ,act #bja4 ,short title ,this title may be cited as the ,building ,pipeline of ,school-,based ,mental ,health ,service ,providers ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,best practices ,the term best practices means a technique or methodology that1 through experience and research related to professional practice in a school-based mental health field1 has proven to reliably lead to a desired result4 7#b7 ,eligible institution ,the term eligible institution means an institution of higher education that offers a program of study that leads to a master's or other graduate degree-- 7,a7 in school psychology that prepares students in such program for the ,state licensing or certification examination in school psychology2 7,b7 in school counseling that prepares students in such program for the ,state licensing or certification examination in school counseling2 7,c7 in school social work that prepares students in such program for the ,state licensing or certification examination in school social work2 7,d7 in another school-based mental health field that prepares students in such program for the ,state licensing or certification examination in such field1 if applicable2 or 7,e7 in any combination of study described in subparagraphs 7,a7 through 7,d74 7#c7 ,eligible partnership ,the term eligible partnership means-- 7,a7 a partnership between #a or more high-need local educational agencies and #a or more eligible institutions2 or 7,b7 in any region in which local educational agencies may not have a sufficient elementary school and secondary school student population to support the placement of all participating graduate students1 a partnership between a ,state educational agency1 on behalf of #a or more high-need local educational agencies1 and #a or more eligible institutions4 7#d7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency that-- 7,a7 is described in section #bjj7aj7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajba7aj772 and 7,b7 as of the date of application for a grant under this title1 has ratios of school counselors1 school social workers1 and school psychologists to students served by the agency that are not more than #a school counselor per #bej students1 not more than #a school psychologist per #ejj students1 and not more than #a school social worker per #bej students4 7#e7 ,historically ,black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#f7 ,homeless children and youths ,the term homeless children and youths has the meaning given such term in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 7#g7 ,indian tribe2 ,tribal organization ,in this section the terms ,indian tribe and tribal organization have the meanings given those terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#i7 ,local educational agency ,the term local educational agency has the meaning given such term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#aj7 ,minority-serving institution ,the term minority-serving institution means1 as defined in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a771 a ,hispanic-serving institution1 an ,alaska ,native-serving institution or a ,native ,hawaiian-serving institution1 a ,predominantly ,black ,institution1 an ,asian ,american and ,native ,american ,pacific ,islander-serving institution1 or a ,native ,american-serving nontribal institution4 7#aa7 ,outlying area ,the term outlying area has the meaning given the term in section #haja7cf77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cf77;,a774 7#ab7 ,participating eligible institution ,the term participating eligible institution means an eligible institution that is part of an eligible partnership awarded a grant under section #bjc4 7#ac7 ,participating graduate ,the term participating graduate means an individual who-- 7,a7 has received a master's or other graduate degree in a school-based mental health field from a participating eligible institution and has obtained a ,state license or credential in the school-based mental health field2 and 7,b7 as a graduate student pursuing a career in a school-based mental health field1 was placed in a school served by a participating high-need local educational agency to complete required field work1 credit hours1 internships1 or related training as applicable4 7#ad7 ,participating high-need local educational agency ,the term participating high-need local educational agency means a high-need local educational agency that is part of an eligible partnership awarded a grant under section #bjc4 7#ae7 ,school-based mental health field ,the term school-based mental health field means each of the following fields3 7,a7 ,school counseling4 7,b7 ,school social work4 7,c7 ,school psychology4 7,d7 ,any other field of study that leads to employment as a school-based mental health services provider4 7#af7 ,school-based mental health services provider ,the term school-based mental health services provider has the meaning given the term in section #dajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaab74 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#ah7 ,state educational agency ,the term ,state educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#ai7 ,student support personnel target ratios ,the term student support personnel target ratios means the ratios of school-based mental health services providers to students recommended to enable such personnel to effectively address the needs of students1 including-- 7,a7 at least #a school counselor for every #bej students 7as recommended by the ,american ,school ,counselor ,association and ,american ,counseling ,association72 7,b7 at least #a school psychologist for every #ejj students 7as recommended by the ,national ,association of ,school ,psychologists72 and 7,c7 at least #a school social worker for every #bej students 7as recommended by the ,school ,social ,work ,association of ,america74 7#bj7 ,tribally controlled college or university ,the term tribally controlled college or university has the meaning given such term in section #b of the ,tribally ,controlled ,colleges and ,universities ,assistance ,act of #aigh 7#be ,u4,s4,c4 #ahja74 7#ba7 ,unaccompanied youth ,the term unaccompanied youth has the meaning given such term in section #gbe of the ,mc,kinney-,vento ,homeless ,assistance ,act 7#db ,u4,s4,c4 #aadcd;a74 #bjc4 ,grant program to increase the number of school-based mental health services providers serving in high-need local educational agencies 7a7 ,authorization of grants 7#a7 ,grant program authorized ,from amounts made available to carry out this section1 the ,secretary shall award grants1 on a competitive basis1 to eligible partnerships1 to enable the eligible partnerships to carry out pipeline programs to increase the number of school-based mental health services providers employed by high-need local educational agencies by carrying out any of the activities described in subsection 7e74 7#b7 ,reservations ,from the total amount appropriated under subsection 7j7 for a fiscal year1 the ,secretary shall reserve-- 7,a7 one-half of #a percent for the ,secretary of the ,interior to carry out programs under this title in schools operated or funded by the ,bureau of ,indian ,education1 ,indian tribes and tribal organizations1 or a consortium of ,indian tribes and tribal organizations2 7,b7 one-half of #a percent for allotments to outlying areas based on the relative need of each such area with respect to mental health services in schools1 as determined by the ,secretary in accordance with the purpose of this title2 7,c7 not more than #c percent to conduct the evaluations under subsection 7h72 and 7,d7 not more than #b percent for the administration of the program under this title and to provide technical assistance relating to such program4 7b7 ,grant period ,a grant awarded under this section shall be for a #e-year period and may be renewed for additional #e-year periods upon a showing of adequate progress1 as determined by the ,secretary4 7c7 ,application ,to be eligible to receive a grant under this section1 an eligible partnership shall submit to the ,secretary a grant application at such time1 in such manner1 and containing such information as the ,secretary may require4 ,at a minimum1 such application shall include-- 7#a7 an assessment of the existing 7as of the date of application7 ratios of school-based mental health services providers 7in the aggregate and disaggregated by profession7 to students enrolled in schools in each high-need local educational agency that is part of the eligible partnership2 and 7#b7 a detailed description of-- 7,a7 a plan to carry out a pipeline program to train1 place1 and retain school-based mental health services providers in high-need local educational agencies2 and 7,b7 the proposed allocation and use of grant funds to carry out activities described in subsection 7e74 7d7 ,award basis ,in awarding grants under this section1 the ,secretary shall-- 7#a7 ensure that to the extent practicable1 grants are distributed among eligible entities that will serve geographically diverse areas2 and 7#b7 give priority to eligible partnerships that-- 7,a7 propose to use the grant funds to carry out the activities described under paragraphs 7#a7 through 7#c7 of subsection 7e7 in schools that have higher numbers or percentages of low-income students 7determined using any of the measures of poverty described in section #aaac7;a77#e7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcac7;a77#e7771 in comparison to other schools that are served by the high-need local educational agency that is part of the eligible partnership2 7,b7 include #a or more high-need local educational agencies that have fewer school-based mental health services providers1 in the aggregate or for a particular school-based mental health field1 per student than other eligible partnerships that have submitted a grant application under subsection 7c72 7,c7 include #a or more eligible institutions of higher education which are a historically ,black college or university1 a minority-serving institution1 or a tribally controlled college or university2 7,d7 propose to collaborate with other institutions of higher education with similar programs1 including sharing facilities1 faculty members1 and administrative costs2 and 7,e7 propose to use grant funds to increase the diversity of school-based mental health services providers4 7e7 ,use of grant funds ,grant funds awarded under this section may be used-- 7#a7 to pay the administrative costs 7including supplies1 office and classroom space1 supervision1 mentoring1 and transportation stipends as necessary and appropriate7 related to-- 7,a7 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 work1 credit hours1 internships1 or related training as applicable for the degree1 license1 or credential program of each such student2 and 7,b7 offering required graduate coursework for students of a graduate program in a school-based mental health services field on the site of a participating high-need local educational agency2 7#b7 for not more than the first #c years after a participating graduate receives a master's or other graduate degree from a program in a school-based mental health field1 or obtains a ,state license or credential in a school-based mental health field1 to hire and pay all or part of the salary of the participating graduates working as a school-based mental health services provider in a school served by a participating high-need local educational agency2 7#c7 to increase the number of school-based mental health services providers per student in schools served by participating high-need local educational agencies1 in order to meet the student support personnel target ratios2 7#d7 to recruit1 hire1 and retain culturally or linguistically under-represented graduate students of programs in school-based mental health fields for placement in schools served by participating high-need local educational agencies2 7#e7 to develop coursework that will-- 7,a7 encourage a commitment by graduate students in school-based mental health fields to work for high-need local educational agencies2 7,b7 give participating graduates the knowledge and skill sets necessary to meet the needs of-- 7i7 students and families served by high-need local educational agencies2 7ii7 students at risk of not meeting ,state academic standards2 7iii7 students who-- 7,i7 are ,english learners 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,,ii7 are migratory children 7as defined in section #acji of such ,act 7#bj ,u4,s4,c4 #fcii772 7,,iii7 have a parent or caregiver who is a member of the armed forces1 including the ,national ,guard1 who has been deployed or returned from deployment2 7,,iv7 are ,,lgbtq1 including students who are lesbian1 gay1 bisexual1 transgender1 queer or questioning1 nonbinary1 or ,two-,spirit2 7,v7 are homeless children and youth1 including unaccompanied youth2 7,,vi7 have come into contact with the juvenile justice system or adult criminal justice system1 including students currently or previously held in juvenile detention facilities or adult jails and students currently or previously held in juvenile correctional facilities or adult prisons2 7,,vii7 are a child with a disability 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7,,viii7 have been a victim to1 or witnessed1 domestic violence or violence in their community2 7,,ix7 have been exposed to substance misuse at home or in the community2 7,x7 are in foster care1 are aging out of foster care1 or were formerly in foster care2 or 7,,xi7 have been a victim to or witnessed trafficking in persons2 and 7iv7 teachers1 administrators1 and other staff who work for high-need local educational agencies2 and 7,c7 utilize best practices determined by the ,american ,school ,counselor ,association1 ,national ,association of ,social ,workers1 ,school ,social ,work ,association of ,america1 and ,national ,association of ,school ,psychologists and other relevant organizations2 7#f7 to provide tuition credits to graduate students participating in the pipeline program supported under the grant2 7#g7 to fund high-quality ,grow ,your ,own teacher preparation programs that provide pathways to ,state licensure or certification as a school psychologist1 school counselor1 school social worker1 or other school-based mental services provider to recruit and prepare local community members1 career changers1 paraprofessionals1 after-school program staff1 and others currently working in schools to become school-based mental health services providers2 7#h7 to cover the costs of licensure and preparation for required licensure exams2 and 7#i7 for similar activities to fulfill the purpose of this title1 as the ,secretary determines appropriate4 7f7 ,supplement not supplant ,funds made available under this section shall be used to supplement1 not supplant1 other ,federal1 ,state1 or local funds available for the activities described in subsection 7e74 7g7 ,reporting requirements 7#a7 ,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 grant4 ,such report shall contain such information as the ,secretary may require1 including1 at a minimum1 a description of-- 7,a7 actual service delivery provided through the grant funds1 including-- 7i7 descriptive information on the participating eligible institution1 the educational model used1 and the actual academic program performance2 7ii7 characteristics of graduate students participating in the pipeline program supported under the grant1 including-- 7,i7 performance on any examinations required by the ,state for credentialing or licensing2 7,,ii7 demographic characteristics2 and 7,,iii7 graduate student retention rates2 7iii7 characteristics of students of the participating high-need local educational agency1 including performance on any tests required by the ,state educational agency1 demographic characteristics1 and graduation rates1 as appropriate2 7iv7 an estimate of the annual implementation costs of the pipeline program supported under the grant2 and 7v7 the number of public elementary and secondary school students1 public elementary and secondary schools1 graduate students1 and institutions of higher education participating in the pipeline program supported under the grant2 7,b7 outcomes that are consistent with the purpose of the grant program under this title1 including-- 7i7 internship and post-graduation placement of the participating graduate students2 7ii7 graduation and professional career readiness indicators2 and 7iii7 characteristics of the participating high-need local educational agency1 including with respect to fully certified and effective teachers and school-based mental health services providers employed by such agency-- 7,i7 changes in the rate of hiring and retention of such teachers and providers 7in the aggregate and disaggregated by each such profession72 and 7,,ii7 the demographics1 including the race1 ethnicity1 and gender1 of such teachers and providers4 7,c7 the instruction1 materials1 and activities being funded under the grant2 and 7,d7 the effectiveness of any training and ongoing professional development provided-- 7i7 to students and faculty in the appropriate departments or schools of the participating eligible institution2 and 7ii7 to the teachers1 paraprofessionals1 school leaders1 school-based mental health services providers1 and other specialized instructional support personnel of the participating high-need local educational agency4 7#b7 ,publication ,the ,secretary shall publish the annual reports submitted under paragraph 7#a7 on the website of the ,department of ,education4 7h7 ,evaluation 7#a7 ,interim evaluations ,the ,secretary may conduct interim evaluations to determine whether each eligible partnership receiving a grant under this section is making adequate progress as the ,secretary considers appropriate4 ,the contents of the annual report submitted to the ,secretary under subsection 7g7 may be used by the ,secretary to determine whether an eligible partnership receiving a grant is demonstrating adequate progress4 7#b7 ,final evaluation ,the ,secretary shall conduct a final evaluation to-- 7,a7 determine the effectiveness of the grant program in carrying out the purpose of this title2 and 7,b7 compare the relative effectiveness of each of the various activities described in subsection 7e7 for which grant funds may be used4 7i7 ,report ,not earlier than #e years1 nor later than #f years1 after the date of enactment of this ,act1 the ,secretary shall submit to the ,congress a report containing-- 7#a7 the findings of the final evaluation conducted under subsection 7h77#b72 and 7#b7 such recommendations as the ,secretary considers appropriate4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section #bjj1jjj1jjj for fiscal year #bjbc and each succeeding fiscal year4 ,,iii ,elementary and ,secondary ,school ,counseling ,act #cja4 ,short title ,this title may be cited as the ,elementary and ,secondary ,school ,counseling ,act4 #cjb4 ,definitions ,in this title3 7#a7 ,,esea ,definitions ,the terms elementary school1 local educational agency1 and secondary school have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#b7 ,high-need school ,the term high-need school has the meaning given the term in section #bbaa7;b7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ffca7;b774 7#c7 ,indian tribe2 tribal organization ,the terms ,indian tribe and tribal organization have the meanings given those terms in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#d7 ,outlying area ,the term outlying area means an outlying area specified in section #haja7cf77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cf77;,a774 7#e7 ,school-based mental health services provider ,the term school-based mental health services provider has the meaning given the term in section #dajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaab74 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#g7 ,state ,the term ,state means each of the #ej ,states1 the ,district of ,columbia1 and ,puerto ,rico4 #cjc4 ,allotments to ,states and subgrants to local educational agencies 7a7 ,program authorized ,the ,secretary shall carry out a program under which the ,secretary makes allotments to ,states1 in accordance with subsection 7c71 to enable 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 agencies4 7b7 ,reservations ,from the total amount made available under section #cjd for a fiscal year1 the ,secretary shall reserve-- 7#a7 one-half of #a percent for the ,secretary of the ,interior for programs under this title in schools operated or funded by the ,bureau of ,indian ,education1 ,indian tribes and tribal organizations1 or consortia of ,indian tribes and tribal organizations2 7#b7 one-half of #a percent for allotments for the outlying areas to be distributed among those outlying areas on the basis of their relative need1 as determined by the ,secretary1 in accordance with the purpose of this title2 and 7#c7 not more than #b percent for the administration of the program under this title and to provide technical assistance relating to such program4 7c7 ,allotments to ,states 7#a7 ,in general 7,a7 ,formula ,from the total amount made available under section #cjd for a fiscal year and not reserved under subsection 7b71 the ,secretary shall allot to each ,state that submits a true and complete application under paragraph 7#c7 7as determined by the ,secretary7 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 #aife 7#bj ,u4,s4,c4 #fcaa et seq47 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 applications4 7,b7 ,small state minimum ,no ,state receiving an allotment under this paragraph shall receive less than one-half of #a percent of the total amount allotted under this paragraph4 7#b7 ,matching requirements ,in order to receive an allotment under paragraph 7#a71 a ,state shall agree to provide matching funds1 in an amount equal to #bj percent of the amount of the allotment1 toward the costs of the activities carried out with the allotment4 7#c7 ,application ,a ,state desiring an allotment under paragraph 7#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 ,each application shall include1 at a minimum-- 7,a7 an assurance that the ,state will use the allotment only for the purposes specified in subsection 7d77#a72 7,b7 a description of how the ,state will award subgrants to local educational agencies under such subsection2 7,c7 a description of how the ,state will disseminate1 in a timely manner1 information regarding the subgrants and the application process for such subgrants to local educational agencies2 and 7,d7 the ratios1 as of the date of application1 of students to school-based mental health services providers in each public elementary school and secondary school in the ,state1 in the aggregate and disaggregated to include-- 7i7 the ratios of students to school counselors1 school psychologists1 and school social workers2 and 7ii7 as applicable1 the ratios of students to other school-based mental health services providers not described in clause 7i71 in the aggregate and disaggregated by type of provider4 7#d7 ,duration ,an allotment to a ,state under paragraph 7#a7 shall be for a #e-year period and may be renewed for additional #e-year periods upon a showing of adequate progress on meeting the goals of the program under this title1 as determined by the ,secretary4 7d7 ,subgrants to local educational agencies 7#a7 ,in general ,a ,state receiving an allotment under subsection 7c7 shall use the allotment to award subgrants1 on a competitive basis1 to local educational agencies in the ,state1 to enable the local educational agencies to-- 7,a7 recruit and retain school-based mental health services providers to work at high-need schools served by the local educational agency2 and 7,b7 work toward effectively staffing the high-need schools of the local educational agency with school-based mental health services providers1 including by meeting the recommended maximum ratios of-- 7i7 #bej students per school counselor2 7ii7 #ejj students per school psychologist2 and 7iii7 #bej students per school social worker4 7#b7 ,priority ,in awarding subgrants under this subsection1 the ,state shall give priority to local educational agencies that serve a significant number of high-need schools4 7#c7 ,application ,a local educational agency desiring a subgrant under this subsection shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require1 including information on how the local educational agency will prioritize assisting high-need schools with the largest numbers or percentages of students from low-income families 7as counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c7774 7e7 ,allotment and subgrant requirements 7#a7 ,supplement1 not supplant ,amounts received from an allotment under subsection 7c7 or a subgrant under subsection 7d7 shall supplement1 and not supplant1 any other funds available to a ,state or local educational agency for school-based mental health services4 7#b7 ,combining funds allowed ,a local educational agency receiving a subgrant under subsection 7d7 may combine such subgrant with ,state or local funds to carry out the activities described in subsection 7d77#a74 7f7 ,reports 7#a7 ,local educational agencies ,a local educational agency that receives a subgrant under subsection 7d7 shall submit an annual report to the ,state on the activities carried out with the subgrant funds4 ,each such report shall-- 7,a7 describe the activities carried out using subgrant funds2 7,b7 enumerate the number of school-based mental health services providers 7in the aggregate and disaggregated by profession7 who-- 7i7 were employed by or otherwise served in high-need public elementary and secondary schools under the jurisdiction of the local educational agency over the year covered by the report2 and 7ii7 were supported with funds from the subgrant or matching funds during such year2 and 7,c7 include the most recent student to provider ratios1 in the aggregate and disaggregated as provided in subsection 7c77#c77;,d71 for high-need schools under the jurisdiction of the local educational agency that were supported with the subgrant or matching funds4 7#b7 ,state ,a ,state receiving an allotment under subsection 7c7 shall annually prepare and submit a report to the ,secretary that-- 7,a7 evaluates the progress made in achieving the purposes of the program under this title2 7,b7 includes the most recent student to provider ratios1 in the aggregate and disaggregated as provided in subsection 7c77#c77;,d71 for high-need schools in the ,state that were assisted with subgrants under subsection 7d72 and 7,c7 describes any other resources needed to meet the required recommended maximum student to school-based mental health services provider ratios4 7#c7 ,public availability ,the ,secretary shall make all reports submitted under this subsection available to the public1 including through the website of the ,department4 #cjd4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this title-- 7#a7 #e1jjj1jjj1jjj for fiscal year #bjbc2 and 7#b7 such sums as may be necessary for each succeeding fiscal year4 ,,iv ,supporting ,trauma-,informed ,education ,practices ,act #dja4 ,short title ,this title may be cited as the ,supporting ,trauma-,informed ,education ,practices ,act4 #djb4 ,amendment to the ,,support for ,patients and ,communities ,act ,section #gacd of the ,,support for ,patients and ,communities ,act 7#db ,u4,s4,c4 #bhj;h-#g7 is amended to read as follows3 #gacd4 ,grants to improve trauma support services and mental health care for children and youth in educational settings 7a7 ,authorization of grants 7#a7 ,grants1 contracts1 and cooperative agreements authorized ,the ,secretary1 in coordination with the ,secretary of ,health and ,human ,services1 is authorized to award grants to1 or enter into contracts or cooperative agreements with1 an eligible entity for the purpose of increasing student1 teacher1 school leader1 and other school personnel access to evidence-based trauma support services and mental health services by developing innovative initiatives1 activities1 or programs to connect schools and local educational agencies1 or tribal educational agencies1 as applicable1 with community trauma-informed support and mental health systems1 including such systems under the ,indian ,health ,service4 7#b7 ,reservations ,from the total amount appropriated under subsection 7l7 for a fiscal year1 the ,secretary shall reserve-- 7,a7 not more than #c percent to conduct the evaluation under subsection 7f72 and 7,b7 not more than #b percent for technical assistance and administration4 7b7 ,duration ,with respect to a grant1 contract1 or cooperative agreement awarded or entered into under this section1 the period during which payments under such grant1 contract or agreement are made to the recipient may not exceed #e years4 7c7 ,use of funds ,an eligible entity that receives or enters into a grant1 contract1 or cooperative agreement under this section shall use amounts made available through such grant1 contract1 or cooperative agreement for evidence-based initiatives1 activities1 or programs1 which shall include at least #a of the following3 7#a7 ,enhancing1 improving1 or developing collaborative efforts between schools1 local educational agencies or tribal educational agencies1 as applicable1 and community mental health and trauma-informed service delivery systems to provide1 develop1 or improve prevention1 referral1 treatment1 and support services to students4 7#b7 ,implementing trauma-informed models of support1 including trauma-informed1 positive behavioral interventions and supports in schools served by the eligible entity4 7#c7 ,providing professional development to teachers1 paraprofessionals1 school leaders1 school-based mental health services providers1 and other specialized instructional support personnel employed by local educational agencies or tribal educational agencies1 as applicable or schools served by the eligible entity that-- 7,a7 fosters safe and stable learning environments that prevent and mitigate the effects of trauma1 including through social and emotional learning2 7,b7 improves school capacity to identify1 refer1 and provide services to students in need of trauma-informed support or mental health services1 including by helping educators to identify the unique personal and contextual variables that influence the manifestation of trauma2 and 7,c7 reflects the best practices for trauma-informed identification1 referral1 and support developed by the ,interagency ,task ,force on ,trauma-,informed ,care 7as established by section #gacb74 7#d7 ,providing trauma-informed support services and mental health services to students at full-service community schools served by the eligible entity4 7#e7 ,engaging families and communities to increase awareness of child trauma1 which may include sharing best practices with law enforcement regarding trauma-informed services and working 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 families of such children and youth4 7#f7 ,evaluating the effectiveness of the initiatives1 activities1 or programs carried out under this section in increasing student access to evidence-based trauma support services and mental health services4 7#g7 ,establishing partnerships with or providing subgrants to early childhood education programs or other eligible entities1 to include such entities in the evidence-based trauma-informed or mental health initiatives1 activities1 and support services established under this section in order to provide1 develop1 or improve prevention1 referral1 treatment1 and support services to children and their families4 7#h7 ,establishing new1 or enhancing existing1 evidence-based educational1 awareness1 and prevention programs to improve mental health and resiliency among teachers1 paraprofessionals1 school leaders1 school-based mental health services providers1 and other specialized instructional support personnel employed by local educational agencies or tribal educational agencies1 as applicable1 or schools served by the eligible entity4 7d7 ,applications ,to be eligible to receive a grant1 contract1 or cooperative agreement under this section1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may reasonably require1 which shall include the following3 7#a7 ,a description of the innovative initiatives1 activities1 or programs to be funded under the grant1 contract1 or cooperative agreement1 including how such initiatives1 activities1 or programs will increase access to evidence-based trauma-informed support services and mental health services for students1 and1 as applicable1 the families of such students4 7#b7 ,a description of how the initiatives1 activities1 or programs will provide linguistically appropriate and culturally competent services4 7#c7 ,a description of how the initiatives1 activities1 or programs will support schools served by the eligible entity in improving school climate in order to support an environment conducive to learning4 7#d7 ,an assurance that-- 7,a7 persons providing services under the initiative1 activity1 or program funded by the grant1 contract1 or cooperative agreement are fully licensed or certified to provide such services2 7,b7 teachers1 school leaders1 administrators1 school-based mental health services providers and other specialized instructional support personnel1 representatives of local ,indian ,tribes or tribal organizations as appropriate1 other school personnel1 individuals who have experience receiving mental health services as children1 and parents of students participating in services under this section will be engaged and involved in the design and implementation of the services2 and 7,c7 the eligible entity will comply with the evaluation required under subsection 7f74 7#e7 ,a description of how the eligible entity will support and integrate existing school-based services at schools served by the eligible entity with the initiatives1 activities1 or programs funded under this section in order to provide trauma-informed support services or mental health services for students1 as appropriate4 7#f7 ,a description of how the eligible entity will incorporate peer support services into the initiatives1 activities1 or programs to be funded under this section4 7#g7 ,a description of how the eligible entity will ensure that initiatives1 activities1 or programs funded under this section are accessible to and include students with disabilities4 7#h7 ,an assurance that the eligible entity will establish a local interagency agreement under subsection 7e7 and comply with such agreement4 7e7 ,interagency agreements 7#a7 ,local interagency agreements ,in carrying out an evidence-based initiative1 activity1 or program described in subsection 7c71 an eligible entity that receives a grant1 contract1 or cooperative agreement under this section1 or a designee of such entity1 shall establish an interagency agreement between local educational agencies1 agencies responsible for early childhood education programs1 ,head ,start agencies 7including ,early ,head ,start agencies71 juvenile justice authorities1 mental health agencies1 child welfare agencies1 and other relevant agencies1 authorities1 or entities in the community that will be involved in the provision of services under such initiative1 activity1 or program4 7#b7 ,contents ,the local interagency agreement required under paragraph 7#a7 shall specify1 with respect to each agency1 authority1 or entity that is a party to such agreement-- 7,a7 the financial responsibility for any services provided by such entity2 7,b7 the conditions and terms of responsibility for such any services1 including quality1 accountability1 and coordination of the services2 and 7,c7 the conditions and terms of reimbursement of such agencies1 authorities1 or entities1 including procedures for dispute resolution4 7f7 ,evaluation ,the ,secretary shall conduct a rigorous and independent evaluation of the initiatives1 activities1 and programs carried out by an eligible entity under this section and disseminate evidence-based practices regarding trauma-informed support services and mental health services4 7g7 ,distribution of awards ,the ,secretary shall ensure that grants1 contracts1 and cooperative agreements awarded or entered into under this section are equitably distributed among the geographical regions of the ,united ,states and among tribal1 urban1 suburban1 and rural populations4 7h7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to prohibit an entity involved with an initiative1 activity1 or program carried out under this section from reporting a crime that is committed by a student to appropriate authorities2 or 7#b7 to prevent ,federal1 ,state1 local1 and tribal law enforcement and judicial authorities from exercising their responsibilities with regard to the application of ,federal1 ,state1 local1 and tribal law to crimes committed by a student4 7i7 ,supplement1 not supplant ,federal funds provided under this section shall be used to supplement1 and not supplant1 other ,federal1 ,state1 or local funds available to carry out the initiatives1 activities1 and programs described in this section4 7j7 ,consultation required ,in awarding or entering into grants1 contracts1 and cooperative agreements under this section1 the ,secretary shall1 in a timely manner1 meaningfully consult with ,indian ,tribes1 ,regional ,corporations1 ,native ,hawaiian ,educational ,organizations1 and their representatives to ensure notice of eligibility4 7k7 ,definitions ,in this section3 7#a7 ,early childhood education program ,the term early childhood education program has the meaning given such term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state educational agency2 7,b7 a local educational agency2 7,c7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act7 or their tribal educational agency2 7,d7 the ,bureau of ,indian ,education2 7,e7 a ,regional ,corporation2 7,f7 a ,native ,hawaiian educational organization2 and 7,g7 ,state1 ,territory1 and ,tribal ,lead ,agencies administering the ,child ,care and ,development ,fund as described in section #feh;,d7a7 of the ,child ,care and ,development ,block ,grant ,act 7#db ,u4,s4,c4 #iheh;b7a774 7#c7 ,,esea terms 7,a7 ,the terms elementary school1 evidence-based1 local educational agency1 paraprofessional1 parent1 professional development1 school leader1 secondary school1 ,secretary1 specialized instructional support personnel1 and ,state educational agency have the meanings given such terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7,b7 ,the term full-service community school has the meaning given such term in section #dfbb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gbgb74 7,c7 ,the term ,native ,hawaiian educational organization has the meaning given such term in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag74 7,d7 ,the term school-based mental health services provider has the meaning given the term in section #dajb of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaab74 7#d7 ,regional corporation ,the term ,regional ,corporation has the meaning given the term in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb774 7#e7 ,school ,the term school means a public elementary school or public secondary school4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section1 #ej1jjj1jjj for each of fiscal years #bjbc through #bjbg4 4 ,v ,respond1 ,innovate1 ,succeed1 and ,empower ,act #eja4 ,short title ,this title may be cited as the ,respond1 ,innovate1 ,succeed1 and ,empower ,act or the ,,rise ,act4 #ejb4 ,perfecting amendment to the definition of disability ,section #ajc7f7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc7f77 is amended by striking section #c7b7 and inserting section #c4 #ejc4 ,supporting students with disabilities to succeed once enrolled in college ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 7,a7 ,the institution will carry out the following3 7i7 ,adopt policies that make any of the following documentation submitted by an individual sufficient to establish that such individual is an individual with a disability3 7,i7 ,documentation that the individual has had an individualized education program 7,,iep7 in accordance with section #fad7;d7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d771 including an ,,iep that may not be current on the date of the determination that the individual has a disability4 ,the institution may ask for additional documentation from an individual who had an ,,iep but who was subsequently evaluated and determined to be ineligible for services under the ,individuals with ,disabilities ,education ,act1 including an individual determined to be ineligible during elementary school4 7,,ii7 ,documentation describing services or accommodations provided to the individual pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 7commonly referred to as a ,section #ejd plan74 7,,iii7 ,a plan or record of service for the individual from a private school1 a local educational agency1 a ,state educational agency1 or an institution of higher education provided in accordance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq474 7,,iv7 ,a record or evaluation from a relevant licensed professional finding that the individual has a disability4 7,v7 ,a plan or record of disability from another institution of higher education4 7,,vi7 ,documentation of a disability due to service in the uniformed services1 as defined in section #dhd;,c7a74 7ii7 ,adopt policies that are transparent and explicit regarding information about the process by which the institution determines eligibility for accommodations4 7iii7 ,disseminate such information to students1 parents1 and faculty in an accessible format1 including during any student orientation and making such information readily available on a public website of the institution4 7,b7 ,nothing in this paragraph shall be construed to preclude an institution from establishing less burdensome criteria than that described in subparagraph 7,a7 to establish an individual as an individual with a disability and therefore eligible for accommodations4 4 #ejd4 ,authorization of funds for the ,national ,center for ,information and ,technical ,support for ,postsecondary ,students ,with ,disabilities ,section #ggg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aadjq7a77 is amended-- 7#a7 in paragraph 7#a71 by striking ,from amounts appropriated under section #ggh1 and inserting ,from amounts appropriated under paragraph 7#e712 and 7#b7 by adding at the end the following3 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #b1jjj1jjj for each of fiscal years #bjbc through #bjbg4 4 #eje4 ,inclusion of information on students with disabilities ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a771 as amended by section #ejc1 is further amended by adding at the end the following3 7#ca7 ,the institution will submit1 for inclusion in the ,integrated ,postsecondary ,education ,data ,system 7,,ipeds7 or any other ,federal postsecondary institution data collection effort1 key data related to undergraduate students enrolled at the institution who are formally registered as students with disabilities with the institution's office of disability services 7or the equivalent office71 including the total number of students with disabilities enrolled1 the number of students accessing or receiving accommodations1 the percentage of students with disabilities of all undergraduate students1 and the total number of undergraduate certificates or degrees awarded to students with disabilities4 ,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 information about an individual student4 4 #ejf4 ,rule of construction ,none of the amendments made by this title shall be construed to affect the meaning of the terms reasonable accommodation or record of impairment under the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq47 or the rights or remedies provided under such ,act4 ,,vi ,strengthening ,behavioral ,health ,benefits ,act #fja4 ,short title ,this title may be cited as the ,strengthening ,behavioral ,health ,benefits ,act4 #fjb4 ,enforcement of ,mental ,health and ,substance ,use ,disorder ,requirements 7a7 ,in general ,section #ejb7;a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7;a77 is amended-- 7#a7 in paragraph 7#aj71 by striking or at the end2 7#b7 in paragraph 7#aa71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#ab7 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 7as such terms are defined in section #gcc71 by the ,secretary1 or by a participant1 beneficiary1 or fiduciary1 to enforce any provision of this title or the terms of the plan or coverage relating to such benefits against a group health plan1 a health insurance issuer1 a fiduciary of a plan1 or any other person that contracts with a group health plan to provide group health insurance coverage or assistance in the administration of a group health plan 7including a third party administrator1 managed behavioral health organization1 and a pharmacy benefit manager71 if such person participates in or conceals a violation of any requirement of part #g 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 coverage1 to obtain appropriate relief1 in addition to any other relief otherwise available under this section1 including-- 7,a7 to recover all losses to participants and beneficiaries2 7,b7 to reform impermissible plan or coverage terms and policies 7as written or in operation7 in accordance with the requirements of this title and its implementing regulations2 or 7,c7 to ensure the readjudication of claims and payment of benefits in accordance with the plan or coverage terms without any impermissible limitation1 plan or coverage term1 or policy4 4 7b7 ,clarification of general enforcement authorities 7#a7 ,actions brought by a participant1 beneficiary1 or fiduciary ,section #ejb7;a77#c7 of such ,act 7#bi ,u4,s4,c4 #aacb7;a77#c77 is amended-- 7,a7 by striking or 7,b7 and inserting 7,b72 and 7,b7 by inserting before the semicolon at the end the following3 1 or 7,c7 to require re-adjudication and payment of benefits to remedy violations of this title notwithstanding the availability of relief under other provisions of this title4 7#b7 ,actions brought by the ,secretary ,section #ejb7;a77#e7 of such ,act 7#bi ,u4,s4,c4 #aacb7;a77#e77 is amended-- 7,a7 by striking or 7,b7 and inserting 7,b72 and 7,b7 by inserting before the semicolon at the end the following3 1 or 7,c7 to require re-adjudication and payment of benefits to remedy violations of this title notwithstanding the availability of relief under other provisions of this title4 7c7 ,exception to the general prohibition on enforcement ,section #ejb7;b77#c7 of such ,act 7#bi ,u4,s4,c4 #aacb7;b77#c77 is amended-- 7#a7 by inserting 1 and except with respect to enforcement by the ,secretary of section #gab or any other provision of part #g in any case relating to mental health benefits and substance use disorder benefits after under subsection 7c77#i772 and 7#b7 by striking #gjf7;a77#a7 and inserting #gcc7;a77#a74 7d7 ,definitions ,part #g of title ,i of such ,act 7#bi ,u4,s4,c4 #aaha et seq47 is amended-- 7#a7 in section #gab7;e71 in the matter preceding paragraph 7#a71 by inserting and section #ejb7;a77#ab7 after this section2 and 7#b7 in section #gcc-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting and section #ejb7;a77#ab7 after this part2 and 7,b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by inserting and section #ejb7;a77#ab7 after this part4 7e7 ,funding 7#a7 ,in general ,in addition to amounts otherwise available1 there are appropriated 7out of any money in the ,treasury not otherwise appropriated7 to the ,department of ,labor for fiscal year #bjbc1 to remain available until ,september #cj1 #bjcb1 #bge1jjj1jjj1 of which-- 7,a7 #bdj1jjj1jjj shall be for the ,employee ,benefits ,security ,administration2 and 7,b7 #ce1jjj1jjj shall be for the ,solicitor of ,labor4 7#b7 ,use of appropriated funds ,amounts made available under paragraph 7#a7 may be used for audits and investigations1 enforcement actions1 litigation expenses1 issuance of regulations or guidance1 and any other ,departmental activities relating to section #gab of the ,employee ,retirement ,income ,security ,act of #aigd and any other provision of title ,i of such ,act relating to mental health and substance use disorder benefits4 ,,vii ,employee and ,retiree ,access to ,justice ,act #gja4 ,short title ,this title may be cited as the ,employee and ,retiree ,access to ,justice ,act4 #gjb4 ,unenforceable arbitration clauses1 class action waivers1 representation waivers1 and discretionary clauses 7a7 ,in general ,section #ejb of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aacb7 is amended by adding at the end the following3 7n7 7#a7 ,in any civil action brought by1 or on behalf of1 a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit1 notwithstanding any other provision of law-- 7,a7 no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section2 7,b7 no postdispute arbitration provision shall be valid or enforceable unless-- 7i7 the provision was not required by any person1 obtained by coercion or threat of adverse action1 or made a condition of participating in a plan1 receiving benefits under a plan1 or receiving any other employment1 work1 or any employment-related or work-related privilege or benefit2 7ii7 each participant or beneficiary agreeing to the provision was informed1 through a paper notice1 in a manner reasonably calculated to be understood by the average plan participant1 of the right of the participant or beneficiary under subparagraph 7,c7 to refuse to agree to the provision without retaliation or threat of retaliation2 7iii7 each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than #de days1 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 7ii72 and 7iv7 each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing2 7,c7 no covered provision shall be valid or enforceable1 if prior to a dispute to which the covered provision applies1 a participant or beneficiary undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of individual1 joint1 class1 representative1 or collective claim available under this section in any forum that1 but for such covered provision1 is of competent jurisdiction2 7,d7 no covered provision shall be valid or enforceable1 if after a dispute to which the covered provision applies arises1 a participant or beneficiary undertakes or promises not to pursue1 bring1 join1 litigate1 or support any kind of individual1 joint1 class1 representative1 or collective claim under this section in any forum that1 but for such covered provision1 is of competent jurisdiction1 unless the covered provision meets the requirements of subparagraph 7,b72 and 7,e7 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 language1 or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation4 7#b7 ,in this subsection-- 7,a7 the term covered provision means any document1 instrument1 or agreement related to a plan or plan benefit1 regardless of whether such provision appears in a plan document or in a separate agreement2 7,b7 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 provision took effect2 7,c7 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 effect2 and 7,d7 the term retaliation means any action in violation of section #eaj4 7#c7 7,a7 ,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 court1 rather than an arbitrator1 regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement4 7,b7 ,for purposes of this subsection1 a dispute shall be considered to arise only when a plaintiff has actual knowledge 7within the meaning of such term in section #dac7 of a breach or violation giving rise to a claim under this section4 4 7b7 ,regulations ,the ,secretary of ,labor may promulgate such regulations as may be necessary to carry out the amendment made by subsection 7a71 including providing for the form and content of notices required pursuant to such amendment4 #gjc4 ,prohibition on mandatory arbitration clauses1 class action waivers1 representation waivers1 and discretionary clauses ,section #djb of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aajb7 is amended by adding at the end the following3 7d7 7#a7 ,no covered person may-- 7,a7 require participants or beneficiaries to agree to a predispute arbitration provision as a condition for participation in1 or receipt of benefits under1 a plan2 7,b7 agree to a postdispute arbitration provision with a participant or beneficiary with respect to a plan or plan benefit unless the conditions of clauses 7i7 through 7iv7 of section #ejb7n77#a77;,b7 are satisfied with respect to such provision2 or 7,c7 agree to any other covered provision with respect to a plan or plan benefit under any circumstances under which such provision would not be valid and enforceable under subparagraphs 7,c7 through 7,e7 section #ejb7n77#a74 7#b7 ,in this subsection-- 7,a7 the term covered person means-- 7i7 a plan2 7ii7 a plan sponsor2 7iii7 an employer2 or 7iv7 a person engaged by a plan for purposes of administering or operating the plan2 and 7,b7 the terms covered provision1 predispute arbitration provision and postdispute arbitration provision have the meanings given such terms in section #ejb7n77#b74 4 #gjd4 ,effective date 7a7 ,in general ,the amendments made by sections #gjb and #gjc 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 date1 including any dispute or claim to which a provision predating such date applies1 regardless of whether plan documents have been updated in accordance with such amendments4 7b7 ,enforcement with respect to plan document updates ,notwithstanding subsection 7a71 no person shall be deemed to be in violation of such amendments 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 #a year after the date of enactment of this ,act1 provided that such person acts in accordance with such amendments during the period in which the plan documents have not been updated4 ,september #bb1 #bjbb,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed