[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3413 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3413

To amend the Public Health Service Act to establish a program of grants 
  to States and political subdivisions of States for the provision of 
   mental health services in response to public health emergencies, 
 including disasters resulting from terrorism, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2001

 Mr. Kennedy of Rhode Island (for himself and Mrs. Roukema) introduced 
 the following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to establish a program of grants 
  to States and political subdivisions of States for the provision of 
   mental health services in response to public health emergencies, 
 including disasters resulting from terrorism, and for other purposes.

    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 ``Extended Disaster Mental Health 
Services Act of 2001''.

 TITLE I--MENTAL HEALTH SERVICES PURSUANT TO PUBLIC HEALTH EMERGENCIES

SEC. 101. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH 
              SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.

    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 
section:

``SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL 
              HEALTH SERVICES AS RESPONSE TO PUBLIC HEALTH EMERGENCIES.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, may make grants to States and 
political subdivisions of States for the purpose of providing the 
mental health services described in subsection (b) in response to 
public health emergencies, including diseases or disorders that present 
such emergencies, natural disasters, major transportation accidents, 
technological disasters, and disasters resulting from terrorism.
    ``(b) Services.--The mental health services referred to in 
subsection (a) with respect to a public health emergency are the 
following:
            ``(1) Crisis counseling in the aftermath of such emergency.
            ``(2) In the case of children, adolescents, and adults at 
        risk of developing mental health disorders as a result of such 
        emergency--
                    ``(A) outreach and screening programs to identify 
                such individuals; and
                    ``(B) early intervention services, including 
                counseling.
            ``(3) Mental health services beyond such crisis counseling 
        (referred to in this section as `extended therapeutic 
        services') that--
                    ``(A) are provided to individuals with diagnosed 
                mental health disorders resulting from or exacerbated 
                by the emergency, including disaster survivors, family 
                members of victims, first responders, and others with 
                such disorders; and
                    ``(B) are provided by mental health professionals 
                who are licensed or otherwise regulated by a State 
                agency.
            ``(4) Assessments of the need for extended therapeutic 
        services.
            ``(5) Casefinding and other outreach services to inform the 
        public of the availability of crisis counseling and extended 
        therapeutic services.
    ``(c) Relation to Other Sources of Funding.--A condition for the 
receipt of a grant under subsection (a) is that the applicant involved 
agree as follows:
            ``(1) With respect to activities for which the grant is 
        authorized to be expended, the applicant will maintain 
        expenditures of non-Federal amounts for such activities at a 
        level that is not less than the level of such expenditures 
        maintained by the applicant for the fiscal year preceding the 
        first fiscal year for which the applicant receives such a 
        grant.
            ``(2) The grant will not be expended to make payment for 
        the provision of extended therapeutic services for an 
        individual to the extent that payment has been made, or can 
        reasonably be expected to be made, for the services--
                    ``(A) under a State compensation program, under an 
                insurance policy, or under a Federal or State health 
                benefits program; or
                    ``(B) by an entity that provides health services on 
                a prepaid basis.
            ``(3) The grant will not be expended to make payment for 
        the provision of mental health services to the extent that such 
services are available pursuant to responses to the public health 
emergency involved by the Federal Emergency Management Agency, or by 
other Federal or State agencies or programs that provide for emergency 
medical services.
    ``(d) Statewide Mental Health Disaster Plan.--
            ``(1) In general.--For fiscal year 2003 or any subsequent 
        fiscal year, a condition for the receipt of a grant under 
        subsection (a) by a State or a political subdivision is that, 
        in accordance with criteria established by the Secretary, the 
        State has developed a statewide plan for the provision of 
        mental health services in response to public health 
        emergencies. The preceding sentence applies without regard to 
        whether the State receives a grant under section 520L.
            ``(2) Certain criteria of secretary.--The criteria of the 
        Secretary under paragraph (1) shall include criteria for 
        coordinating the program under this section with programs of 
        the Federal Emergency Management Agency and with other Federal 
        or State programs regarding the provision of emergency medical 
        services, including mental health services.
    ``(e) Administration of Grant Through State and Local Mental Health 
Agencies.--A condition for the receipt of a grant under subsection (a) 
is that the applicant involved agree that the grant and activities 
under the grant will be administered through the agency of the State or 
political subdivision (as the case may be) that has the principal 
responsibility for carrying out mental health programs.
    ``(f) Certain Requirements.--With respect to an application that, 
pursuant to section 501(l), is submitted to the Secretary for a grant 
under subsection (a), the Secretary may make the grant only if the 
application contains--
            ``(1) a description of the purposes for which the applicant 
        intends to expend the grant;
            ``(2) an assurance that the activities to be carried out 
        under the grant are consistent with the State plan referred to 
        in subsection (d)(1), as applicable, together with a 
        description of the manner in which the grant activities will be 
        coordinated with the State plan;
            ``(3) an assurance that the applicant will coordinate 
        activities under the grant with other public or private 
        providers of mental health services, together with a 
        description of the manner in which the grant activities will be 
        so coordinated; and
            ``(4) in the case of an application from a political 
        subdivision, an assurance that the application was developed in 
        consultation with the State agency referred to in subsection 
        (e).
    ``(g) Duration of Grant.--The period during which payments are made 
to an applicant from a grant under subsection (a) may not exceed three 
years. The provision of such payments are subject to annual approval by 
the Secretary of the payments and to the availability of appropriations 
for the fiscal year involved to make the payments. This subsection may 
not be construed as establishing a limitation on the number of grants 
under such subsection that may be made to an applicant.
    ``(h) Technical Assistance.--The Secretary may, directly or through 
grants or contracts, provide technical assistance to grantees under 
subsection (a) in carrying out the purpose described in such 
subsection.
    ``(i) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        carrying out this section, there are authorized to be 
        appropriated such sums as may be necessary for each of the 
        fiscal years 2002 through 2006.
            ``(2) Allocation.--Of the amounts appropriated under 
        paragraph (1) for a fiscal year, the Secretary may obligate not 
        more than 7 percent for the administrative expenses of the 
        Secretary in carrying out this section.''.

            TITLE II--STATEWIDE MENTAL HEALTH DISASTER PLANS

SEC. 201. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS.

    Subpart 3 of part B of title V of the Public Health Service Act, as 
amended by section 101 of this Act, is amended by adding at the end the 
following section:

``SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER 
              PLANS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, may make grants to States for 
the purpose of--
            ``(1) developing, and periodically reviewing and as 
        appropriate revising, statewide plans for providing mental 
        health services in response to public health emergencies 
        (including emergencies referred to section 520K(a));
            ``(2) training personnel to implement such plan 
        effectively; and
            ``(3) carrying out other activities determined appropriate 
        by the Secretary to prepare for the provision of mental health 
        services in response to such emergencies.
    ``(b) Certain Requirements.--A condition for the receipt of a grant 
under subsection (a) is that the State involved agree that the 
statewide plan under such subsection will with respect to public health 
emergencies include provisions for each of the following:
            ``(1) Providing the mental health services described in 
        section 520K (relating to crisis counseling, outreach and 
        screening programs, early intervention services, extended 
        therapeutic services, needs assessments, and casefinding and 
        other outreach services), taking into account the need for 
        increased capacity to provide services pursuant to such 
        emergencies.
            ``(2) As necessary, carrying out paragraph (1) with respect 
        to special populations such as children, the elderly, 
        individuals with disabilities, and individuals with pre-
        existing mental health disorders.
            ``(3) Coordinating the provision of mental health services 
        with appropriate public and private providers of emergency 
        medical services and with Federal, State, and local programs 
        that provide funding for such services.
            ``(4) Coordinating with local educational agencies.
            ``(5) Providing information and education to the public 
        during public health emergencies.
            ``(6) Providing, at times other than public health 
        emergencies, information and education to the public regarding 
        the statewide plan.
            ``(7) Designation of the State official who will have the 
        principal responsibility for administering such plan, including 
        the initial implementation of the plan.
    ``(c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $25,000,000 
for each of the fiscal years 2002 through 2006.''.

TITLE III--NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE 
                                 CENTER

SEC. 301. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE 
              CENTER.

    Subpart 3 of part B of title V of the Public Health Service Act, as 
amended by section 201 of this Act, is amended by adding at the end the 
following section:

``SEC. 520M. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL 
              ASSISTANCE CENTER.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, shall establish within such 
center an administrative unit to be known as the National Mental Health 
Crisis Response Technical Assistance Center (referred to in this 
section as the `Technical Assistance Center').
    ``(b) Duties.--The purpose of the Technical Assistance Center is to 
carry out, in accordance with policies of the Director of the Center 
for Mental Health Services, the following functions:
            ``(1) Provide consultation and technical assistance to the 
        Director, and to State and local governmental providers of 
        mental health services, on developing and implementing plans 
        for providing appropriate mental health services in response to 
        public health emergencies, including statewide plans under 
        section 520L.
            ``(2) Provide technical expertise on planning, 
        preparedness, and response evaluation activities.
            ``(3) Develop policy guidelines on mental health concerns 
        related to crisis incidents and develop recommendations for 
        proposed regulations and or legislative proposals.
            ``(4) Develop and conduct training events and conferences 
        on mental health needs of disaster victims and witnesses.
            ``(5) Serve as the principal clearinghouse operated by the 
        Secretary for the collection and dissemination of information 
        concerning the mental health aspects of public health 
        emergencies, including information in published documents, 
        information on technical assistance resources, and information 
        on relevant Internet sites.
            ``(6) Assist States in preparing for the behavioral health 
        consequences of terrorism.
            ``(7) Provide onsite technical expertise during public 
        health emergencies, when requested by a State.
    ``(c) Certain Authority.--The Technical Assistance Center may carry 
out the functions under subsection (b) directly or through grant or 
contract, subject to the approval of the Director of the Center for 
Mental Health Services.
    ``(d) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $2,000,000 for 
each of the fiscal years 2002 through 2006.''.

                       TITLE IV--TRAINING GRANTS

SEC. 401. TRAINING GRANTS.

    Subpart 3 of part B of title V of the Public Health Service Act, as 
amended by section 301 of this Act, is amended by adding at the end the 
following section:

``SEC. 520N. TRAINING GRANTS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, shall award grants to eligible 
entities to enable such entities to provide for the training of mental 
health professionals with respect to the treatment of individuals who 
are victims of disasters.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an entity shall--
            ``(1) be a--
                    ``(A) regional center of excellence; or
                    ``(B) a mental health professional society; and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    ``(c) Use of Funds.--An entity that receives a grant under this 
section shall use amounts received under the grant to provide for the 
training of mental health professionals to enable such professionals to 
appropriately diagnose individuals who are the victims of disasters 
with respect to their mental health and to provide for the proper 
treatment of the mental health needs of such individuals.
    ``(d) Training Materials and Procedures.--The Director of the 
Center for Mental Health Services, in consultation with the Director of 
the National Institute of Mental Health, the National Center for Post-
Traumatic Stress Disorder, the International Society for Traumatic 
Stress Studies, and the heads of other similar entities, shall develop 
training materials and procedures to assist grantees under this 
section.
    ``(e) Definition.--In this section, the term `mental health 
professional' includes psychiatrists, psychologists, psychiatric 
nurses, mental health counselors, marriage and family therapists, 
social workers, pastoral counselors, school psychologists, licensed 
professional counselors, school guidance counselors, and any other 
individual practicing in a mental health profession that is licensed or 
regulated by a State agency.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2002 through 2005.
    ``(g) Program Management.--In carrying out this section, the 
Secretary may use amounts appropriated under subsection (f) for the 
administration of the program under this section.''.
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