[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3949 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3949
To amend title V of the Public Health Service Act to ensure protections
for lesbian, gay, bisexual, and transgender youth and their families.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2024
Ms. Butler (for herself, Ms. Smith, Mr. Markey, Mr. Casey, Mr. Welch,
Mr. Padilla, Mr. Merkley, Mr. Booker, and Ms. Baldwin) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title V of the Public Health Service Act to ensure protections
for lesbian, gay, bisexual, and transgender youth and their families.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pride In Mental Health Act of
2024''.
SEC. 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:
``SEC. 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 use
outcomes.
``(b) Use of Funds.--An eligible entity receiving a grant under
this section shall use funds received through such grant--
``(1) to provide 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 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 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 behavioral health services for lesbian, gay, bisexual,
transgender, queer or questioning, nonbinary, intersex, and Two
Spirit youth;
``(8) to establish and implement behavioral health 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 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 Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives.''.
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