118 HR 3850 IH: Pride In Mental Health Act of 2023
U.S. House of Representatives
2023-06-06
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I
118th CONGRESS
1st Session
H. R. 3850
IN THE HOUSE OF REPRESENTATIVES
June 6, 2023
Ms. Davids of Kansas (for herself, Mr. Sorensen, Mr. Torres of New York, Mr. Pocan, Ms. Craig, Mr. Takano, Ms. Balint, Mr. Allred, Ms. Barragán, Mr. Blumenauer, Ms. Bonamici, Mr. Carbajal, Mr. Casten, Ms. Chu, Mr. Cleaver, Ms. Dean of Pennsylvania, Mr. Espaillat, Mr. Evans, Ms. Garcia of Texas, Mr. Gomez, Mr. Bowman, Mr. Grijalva, Mr. Higgins of New York, Ms. Norton, Ms. Jacobs, Mr. Keating, Mr. Kilmer, Mr. Kim of New Jersey, Ms. Lee of California, Ms. Leger Fernandez, Ms. McCollum, Ms. Moore of Wisconsin, Mr. Moulton, Mrs. Napolitano, Mr. Quigley, Ms. Sánchez, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Ms. Stevens, Ms. Titus, Ms. Tokuda, Mr. Trone, Ms. Williams of Georgia, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend title V of the Public Health Service Act to ensure protections for lesbian, gay, bisexual, and transgender youth and their families.
1.

Short title
This Act may be cited as the “Pride In Mental Health Act of 2023”.
2.

Grants for mental health services for LGBTQ+ youth
Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb–31 et seq.) is amended by adding at the end the following:
“520O.

Grants for mental health services for LGBTQ+ youth
(a)

In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use (referred to in this section as the “Secretary”), shall establish a program under which the Secretary will award grants to eligible entities to assess and improve lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth mental health and substance abuse outcomes.
(b)

Use of funds
An eligible entity receiving a grant under this section shall use funds received through such grant—
(1)
to provide mental and behavioral health and crisis intervention resources for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth, including trauma-informed care;
(2)
to provide cultural competency training for caregivers;
(3)
to develop and disseminate mental and behavioral health and crisis intervention resources for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth, and their families and caregivers;
(4)
to develop and disseminate evidence-based practices to be added to the Evidence-Based Practices Resource Center of the Substance Abuse and Mental Health Administration;
(5)
to collect data with respect to the mental and behavioral health of lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth;
(6)
to issue school bullying prevention guidelines with respect to lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth;
(7)
to provide for the integration within school systems of mental and behavioral health services for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth;
(8)
to establish and implement mental and behavioral patient navigator programs for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth, and their families; and
(9)
to create and disseminate family acceptance and support models for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth, and their families and caregivers.
(c)

Limitation
(1)

In general
An eligible entity selected to receive a grant under this section shall agree, as a condition on receiving the grant that such funds shall not be used—
(A)
to provide conversion therapy to any individual;
(B)
to advertise for the provision of conversion therapy and claim in such advertising—
(i)
to change another individual's sexual orientation or gender identity;
(ii)
to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender; or
(iii)
that such efforts are harmless or without risk to individuals receiving such therapy;
(C)
to knowingly assist or facilitate the provision of conversion therapy to an individual if such person receives compensation from any source in connection with providing conversion therapy; or
(D)
to promote or direct an individual to conversion therapy resources or providers.
(2)

Conversion therapy defined
In this subsection, the term “conversion therapy”—
(A)
means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person—
(i)
receives monetary compensation in exchange for such practice or treatment; or
(ii)
instead of, or in addition to, receiving monetary compensation in exchange for such practice or treatment directly, receives monetary compensation in exchange for a product or service that is integral to the provision of such practice or treatment by such person, unless such product or service is protected by the First Amendment to the Constitution; and
(B)
does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that—
(i)
provides assistance to an individual undergoing a gender transition; or
(ii)
provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices.
(d)

Review of reports
(1)

In general
Not later than 1 year after the date of the enactment of this section, the Secretary shall review, and update as necessary, the reports and publications listed on the internet website of the Substance Abuse and Mental Health Administration as of the date of the enactment of this section that are focused on lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit individuals.
(2)

Priority
In reviewing reports and publications under paragraph (1), the Secretary shall prioritize updating older reports and commissioning new reports that fill information gaps with respect to the mental and behavioral health of lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit individuals.
(e)

Federal survey
The Secretary shall develop and conduct a Federal survey measuring serious psychological distress, mental illness, mental health, and mental health care among lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth. In developing such survey, the Secretary may consider integrating such survey as an enhanced feature of the National Survey on Drug Use and Health.
(f)

Report
(1)

In general
Not later than 180 days after the date of the enactment of this section, the Secretary shall, in consultation with the Director of the National Institute of Mental Health and the Assistant Secretary for the Administration for Children and Families, commence a report on mental health, mental health care, and cultural competency in mental health care for lesbian, gay, bisexual, transgender, queer or questioning, nonbinary, intersex, and Two Spirit youth in foster care and who are beneficiaries of other social services programs subject to Federal oversight.
(2)

Submission to Congress
Not later than 2 years after the date of the enactment of this section, the Secretary shall submit the report required under paragraph (1) to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.”.