[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6397 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6397

    To improve mental health and substance abuse treatment services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2006

Mr. Jefferson introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
   Education and the Workforce, Ways and Means, and Judiciary, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL



    To improve mental health and substance abuse treatment services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ensuring Mental 
Health Service Access Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
    TITLE I--PUBLIC HEALTH INITIATIVES TO IMPROVE MENTAL HEALTH AND 
                        SUBSTANCE ABUSE SERVICES

Sec. 101. Mental health services for children, adolescents, and their 
                            families.
Sec. 102. Initiative for comprehensive, intersystem programs.
Sec. 103. Grants to States and political subdivisions for mental health 
                            services in response to public health 
                            emergencies.
Sec. 104. Grants to States for statewide mental health disaster plans.
Sec. 105. National mental health crisis response technical assistance 
                            center.
Sec. 106. Training grants.
Sec. 107. Children's mental health.
Sec. 108. Crisis response grants to address children's needs.
 TITLE II--MEDICARE COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES

Sec. 201. Coverage of marriage and family therapist services under 
                            Medicare part B.
Sec. 202. Coverage of marriage and family therapist services provided 
                            in certain settings.
Sec. 203. Authorization of marriage and family therapists to develop 
                            discharge plans for post-hospital services.
Sec. 204. Effective date.
  TITLE III--JUDICIAL SYSTEM INITIATIVES TO IMPROVE MENTAL HEALTH AND 
                        SUBSTANCE ABUSE SERVICES

Sec. 301. Training of justice system personnel.
Sec. 302. Block grant funding for treatment and diversion programs.
Sec. 303. Federal coordinating council on the criminalization of 
                            juveniles with mental disorders.
Sec. 304. Mental health screening and treatment for prisoners.

    TITLE I--PUBLIC HEALTH INITIATIVES TO IMPROVE MENTAL HEALTH AND 
                        SUBSTANCE ABUSE SERVICES

SEC. 101. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND THEIR 
              FAMILIES.

    Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) 
is amended by inserting after section 520A the following:

``SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, ADOLESCENTS, AND 
              THEIR FAMILIES.

    ``(a) In General.--In cooperation with the Secretary of Education, 
the Secretary of Health and Human Services shall support either 
directly or through grants, contracts, or cooperative agreements with 
public entities programs to promote mental health among all children, 
from birth through adolescence, and their families and to provide early 
intervention services to ameliorate identified mental health problems 
in children and adolescents.
    ``(b) Equitable Distribution.--The Secretary shall provide for an 
equitable distribution of grants, contracts, and cooperative agreements 
by region, to include urban, suburban, and rural regions, including 
Native American communities.
    ``(c) Priority.--In awarding grants, contracts, and cooperative 
agreements under this section, the Secretary shall give priority to 
those applicants who--
            ``(1) provide a comprehensive, community-based, culturally 
        competent and developmentally appropriate prevention and early 
        intervention program that provides for the identification of 
        early mental health problems and promotes the mental health and 
        enhances the resiliency of children from birth through 
        adolescence and of their families;
            ``(2) incorporate families, schools, and communities in an 
        integral role in the program;
            ``(3) coordinate behavioral health care services, 
        interventions, and supports in traditional and non-traditional 
        settings and provide a continuum of care for children from 
        birth through adolescence and for their families;
            ``(4) provide public health education to improve the 
        public's understanding of healthy emotional development;
            ``(5) provide training, technical assistance, consultation, 
        and support for community service providers, school personnel, 
        families, and children to promote healthy emotional development 
        and enhance resiliency in children from birth through 
        adolescence;
            ``(6) increase the resources available to such programs and 
        provide for their sustainability by requiring a commitment on 
        the part of local communities in which the programs provide 
        services;
            ``(7) provide for the evaluation of programs operating 
        under this section to ensure that they are providing intended 
        services in an efficient and effective manner; and
            ``(8) provide school-based mental health assessment and 
        treatment services conducted by a mental health professional 
        (who may be a school counselor, school nurse, school 
        psychologist, clinical psychologist, or school social worker) 
        in public elementary or secondary schools.
    ``(d) Matching Requirement.--A condition for an award under 
subsection (a) is that the entity involved agree that the entity will, 
with respect to the costs to be incurred by the entity in carrying out 
the purpose described in such subsection, make available (directly or 
through donations from public or private entities) non-Federal 
contributions toward such costs in an amount that is not less than $1 
for each $3 of Federal funds provided in the award.
    ``(e) Durations of Grants.--With respect to an award under 
subsection (a), the period during which payments under such award are 
made to the recipient may not exceed 5 years.
    ``(f) Evaluation.--The Secretary shall ensure that entities 
receiving awards under subsection (a) carry out an evaluation of the 
project, including an evaluation of the effectiveness of program 
strategies, and short, intermediate, and long-term outcomes including 
the program's overall impact on strengthening families with young 
children and creating environments in home, school, and community 
settings that promote healthy emotional development and reduce 
incipient mental health and substance abuse problems. Local educational 
agencies receiving such awards shall ensure that the schools receiving 
these funds maintain an average ratio of one certified or licensed--
            ``(1) school counselor for every 150 students;
            ``(2) school nurse for every 350 students;
            ``(3) school psychologist for every 500 students; and
            ``(4) school social worker for every 400 students.
    ``(g) Definitions.--For purposes of this section:
            ``(1) The term `mental health' means a state of successful 
        performance of mental function, resulting in productive 
        activities, fulfilling relationships with other people, and the 
        ability to adapt to change and cope with adversity.
            ``(2) The term `mental illness' refers to all diagnosable 
        mental disorders (health conditions characterized by 
        alterations in thinking, mood, or behavior or some combination 
        thereof) associated with distress or impaired functioning or 
        both.
            ``(3) The term `mental health problem' refers to symptoms 
        of insufficient intensity or duration to meet the criteria for 
        any mental disorder.
            ``(4)(A) The term `mental health professional' refers to a 
        qualified counselor, nurse, psychologist, or social worker.
            ``(B) The terms `school counselor', `school nurse', `school 
        psychologist', and `school social worker' mean an individual 
        who possesses licensure or certification in the State involved, 
        and who meets professional standards for practice in schools 
        and related settings, as a school counselor, school nurse, 
        school psychologist, or school social worker, respectively.
            ``(5) The term `public entity' means any State, any 
        political subdivision of a State, including any local 
        educational agency, and any Indian tribe or tribal organization 
        (as defined in section 4(b) and section 4(c) of the Indian 
        Self-Determination and Education Assistance Act).
    ``(h) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section $300,000,000 for fiscal year 
2007 and such sums as are necessary for fiscal years 2008 and 2009. 
These funds are authorized to be used to carry out the provisions of 
this section and cannot be utilized to supplement or supplant funding 
provided for other mental health services programs.''.

SEC. 102. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM PROGRAMS.

    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. 520K INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM PROGRAMS.

    ``(a) In General.--The Attorney General of the United States and 
the Secretary, acting through the Director of the Center for Mental 
Health Services, shall award competitive grants to eligible entities 
for programs that address the service needs of juveniles and juveniles 
with serious mental ill-nesses by requiring the State or local juvenile 
justice system, the mental health system, and the substance abuse 
treatment system to work collaboratively to ensure--
            ``(1) the appropriate diversion of such juveniles from 
        incarceration;
            ``(2) the provision of appropriate mental health and 
        substance abuse services as an alternative to incarceration, 
        including for those juveniles on probation or parole; and
            ``(3) the provision of follow-up services for juveniles who 
        are discharged from the juvenile justice system.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a State or local juvenile justice agency, mental 
        health agency, or substance abuse agency (including community 
        diversion programs);
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) an assurance that the applicant has the 
                consent of all entities described in paragraph (1) in 
                carrying out and coordinating activities under the 
                grant; and
                    ``(B) with respect to services for juveniles, an 
                assurance that the applicant has collaborated with the 
                State or local educational agency and the State or 
                local welfare agency in carrying out and coordinating 
                activities under the grant;
            ``(3) be given priority if the entity submits its 
        application jointly with juvenile justice and substance abuse 
        or mental health agencies; and
            ``(4) ensure that funds from non-Federal sources are 
        available to match amounts provided under the grant in an 
        amount that is not less than--
                    ``(A) with respect to the first 3 years under the 
                grant, 10 percent of the amount provided under the 
                grant; and
                    ``(B) with respect to the fourth and fifth years 
                under the grant, 30 percent of the amount provided 
                under the grant.
    ``(c) Use of Funds.--
            ``(1) Initial year.--An entity that receives a grant under 
        this section shall, in the first fiscal year in which amounts 
        are provided under the grant, use such amounts to develop a 
        collaborative plan--
                    ``(A) describing how the entity will institute a 
                system to provide intensive community services--
                            ``(i) to prevent high-risk juveniles from 
                        coming in contact with the justice system; and
                            ``(ii) to meet the mental health and 
                        substance abuse treatment needs of juveniles on 
                        probation or recently discharged from the 
                        justice system; and
                    ``(B) providing for the exchange by agencies of 
                information to enhance the provision of mental health 
                or substance abuse services to juveniles.
            ``(2) Second through fifth years.--With respect to the 
        second through fifth fiscal years in which amounts are provided 
        under the grant, the grantee shall use amounts provided under 
        the grant--
                    ``(A) to furnish services, such as assertive 
                community treatment, wrap-around services for 
                juveniles, multisystemic therapy, outreach, integrated 
                mental health and substance abuse treatment, case 
                management, health care, education and job training, 
                assistance in securing stable housing, finding a job or 
                obtaining income support, other benefits, access to 
                appropriate school-based services, transitional and 
                independent living services, mentoring programs, home-
                based services, and provision of appropriate after-
                school and summer programming;
                    ``(B) to establish a network of boundary spanners 
                to conduct regular meetings with judges, provide 
                liaison with mental health and substance abuse workers, 
                share and distribute information, and coordinate with 
                mental health and substance abuse treatment providers 
                and probation or parole officers concerning provision 
                of appropriate mental health and drug and alcohol 
                addiction services for individuals on probation or 
                parole;
                    ``(C) to provide cross-system training among 
                police, corrections, and mental health and substance 
                abuse providers with the purpose of enhancing 
                collaboration and the effectiveness of all systems;
                    ``(D) to provide coordinated and effective after-
                care programs for juveniles with emotional or mental 
                disorders who are discharged from jail, prison, or 
                juvenile facilities;
                    ``(E) to purchase technical assistance to achieve 
                the grant project's goals; and
                    ``(F) to furnish services, to train personnel in 
                collaborative approaches, and to enhance intersystem 
                collaboration.
            ``(3) Definition.--In paragraph (2)(B), the term `boundary 
        spanners' means professionals who act as case managers for 
        juveniles with mental disorders and substance abuse addictions, 
        within both justice agency facilities and community mental 
        health programs and who have full authority from both systems 
        to act as problem solvers and advocates on behalf of 
        individuals targeted for service under this program.
    ``(d) Area Served by the Project.--An entity receiving a grant 
under this section shall conduct activities under the grant to serve at 
least a single political jurisdiction.
    ``(e) Authorization of Appropriations.--For each of fiscal years 
2007 through 2012, there is authorized to be appropriated an amount 
equal to 10 percent of the amount appropriated under section 1935(a) 
for the respective fiscal year.''.

SEC. 103. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL HEALTH 
              SERVICES IN 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.), as amended by section 102, is amended by 
adding at the end the following:

``SEC. 520L. GRANTS TO STATES AND POLITICAL SUBDIVISIONS FOR MENTAL 
              HEALTH SERVICES IN 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) Case finding 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 2007 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 520M.
            ``(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 2007 through 2012.
            ``(2) Allocation.--Of the amounts appropriated under 
        paragraph (1) for a fiscal year, the Secretary may obligate not 
        more than 5 percent for the administrative expenses of the 
        Secretary in carrying out this section.''.

SEC. 104. GRANTS TO STATES FOR STATEWIDE MENTAL HEALTH DISASTER PLANS.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.), as amended by section 103, is amended by 
adding at the end the following:

``SEC. 520M. 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 case finding 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 $65,000,000 
for each of the fiscal years 2007 through 2012.''.

SEC. 105. NATIONAL MENTAL HEALTH CRISIS RESPONSE TECHNICAL ASSISTANCE 
              CENTER.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.), as amended by section 104, is amended by 
adding at the end the following:

``SEC. 520N. 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 $6,000,000 for 
each of the fiscal years 2007 through 2012.''.

SEC. 106. TRAINING GRANTS.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.), as amended by section 105, is amended by 
adding at the end the following:

``SEC. 520O. 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 2007 through 2012.
    ``(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.''.

SEC. 107. CHILDREN'S MENTAL HEALTH.

    Section 501(m) of the Public Health Service Act (42 U.S.C. 
290aa(m)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``2.5 percent'' and inserting ``5 
                percent''; and
                    (B) by striking ``paragraph (2)'' and inserting 
                ``paragraphs (2) and (3)'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (3) by inserting after paragraph (1), the following:
            ``(2) Condition.--A condition of paragraph (1) is that 2.5 
        percent of the funds subject to paragraph (1) may only be 
        available for the provision of emergency mental health and 
        substance abuse treatment and prevention services to children 
        who are directly affected by terrorist acts.''.

SEC. 108. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.

    Title III of the Public Health Service Act is amended by inserting 
after section 319K (42 U.S.C. 247d-7d) the following:

``SEC. 319L. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.

    ``(a) In General.--The Secretary may award grants to eligible 
entities described in subsection (b) to enable such entities to 
increase the coordination and development of disaster preparedness 
efforts relating to the needs of children.
    ``(b) Eligibility.--To be an eligible entity under this subsection, 
an entity shall--
            ``(1) be a State, political subdivision of a State, a 
        consortium of 2 or more States or political subdivisions of 
        States, a public or private non-profit agency or organization, 
        or other organization that serves children as determined 
        appropriate by the Secretary; 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 shall use amounts received under a 
grant under this section to carry out activities for the coordination 
and development of disaster preparedness efforts relating to the 
physical- and health-related needs of children.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for fiscal year 2007.''.

 TITLE II--MEDICARE COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES

SEC. 201. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER 
              MEDICARE PART B.

    (a) Coverage of Services.--Section 1861(s)(2) of the Social 
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (Z), by striking ``and'' at the end;
            (2) in subparagraph (AA), by adding at the end ``and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(BB) marriage and family therapist services (as 
                defined in subsection (ccc)(1));''.
    (b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x) is 
amended by adding at the end the following new subsection:
    ``(ccc) Marriage and Family Therapist Services.--(1) The term 
`marriage and family therapist services' means services performed by a 
marriage and family therapist (as defined in paragraph (2)) for the 
diagnosis and treatment of mental illnesses, which the marriage and 
family therapist is legally authorized to perform under State law (or 
the State regulatory mechanism provided by State law) of the State in 
which such services are performed, as would otherwise be covered if 
furnished by a physician or as an incident to a physician's 
professional service, but only if no facility or other provider charges 
or is paid any amounts with respect to the furnishing of such services.
    ``(2) The term `marriage and family therapist' means an individual 
who--
            ``(A) possesses a master's or doctoral degree which 
        qualifies for licensure or certification as a marriage and 
        family therapist pursuant to State law;
            ``(B) after obtaining such degree has performed at least 
        two years of clinical supervised experience in marriage and 
        family therapy; and
            ``(C) in the case of an individual performing services in a 
        State that provides for licensure or certification of marriage 
        or family therapists, is licensed or certified as a marriage 
        and family therapist in such State.''.
    (c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of 
such Act (42 U.S.C.1395k(a)(2)(B)) is amended by adding at the end the 
following new clause:
                    ``(i) marriage and family therapist services;''.
    (d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
13951(a)(1)) is amended--
            (1) by striking ``and (V)'' and inserting ``(V)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (W) with respect to marriage and family 
        therapist services under section 1861(s)(2)(BB), the amounts 
        paid shall be 90 percent of the lesser of the actual charge for 
        the services or 85 percent of the amount determined for payment 
        of a psychologist under clause (L)''.
    (e) Exclusion of Marriage and Family Therapist Services From 
Skilled Nursing Facility Prospective Payment System.--Section 
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is 
amended by inserting ``marriage and family therapist services,'' after 
``qualified psychologist services,''.
    (f) Inclusion of Marriage and Family Therapists as Practitioners 
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42 
U.S.C. 1395u(b)(18(C)) is amended by adding at the end the following 
new clause:
                            ``(vii) A marriage and family therapist (as 
                        defined in section 1861(ccc)(2)).''.

SEC. 202. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED 
              IN CERTAIN SETTINGS.

    (a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social 
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by 
a marriage and family therapist (as defined in subsection (ccc)(2)),'' 
after ``by a clinical psychologist (as defined by the Secretary)''.
    (b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act 
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or 
marriage and family therapist (as defined in subsection (ccc)(2))'' 
after ``social worker''.

SEC. 203. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP 
              DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.

    Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 
1395x(ee)(2)(G)) is amended by inserting ``marriage and family 
therapist (as defined in subsection (ccc)(2)),'' after ``social 
worker,''.

SEC. 204. EFFECTIVE DATE.

    The amendments made by this title apply with respect to services 
furnished on or after November 1, 2007.

  TITLE III--JUDICIAL SYSTEM INITIATIVES TO IMPROVE MENTAL HEALTH AND 
                        SUBSTANCE ABUSE SERVICES

SEC. 301. TRAINING OF JUSTICE SYSTEM PERSONNEL.

    (a) In General.--Title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by adding at 
the end the following:

    ``PART G--ACCESS TO MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT

``SEC. 300A. GRANTS FOR TRAINING OF JUSTICE SYSTEM PERSONNEL.

    ``(a) In General.--The Administrator shall make grants to State and 
local juvenile justice agencies in collaboration with State and local 
mental health agencies, for purposes of training the officers and 
employees of the State juvenile justice system (including employees of 
facilities that are contracted for operation by State and local 
juvenile authorities) regarding appropriate access to mental health and 
substance abuse treatment programs and services in the State for 
juveniles who come into contact with the State juvenile justice system 
who have mental health or substance abuse problems.
    ``(b) Use of Funds.--A State or local juvenile justice agency that 
receives a grant under this section may use the grant for purposes of--
            ``(1) providing cross-training, jointly with the public 
        mental health system, for State juvenile court judges, public 
        defenders, and mental health and substance abuse agency 
        representatives with respect to the appropriate use of 
        effective, community-based alternatives to juvenile justice or 
        mental health system institutional placements; or
            ``(2) providing training for State juvenile probation 
        officers and community mental health and substance abuse 
        program representatives on appropriate linkages between 
        probation programs and mental health community programs, 
        specifically focusing on the identification of mental disorders 
        and substance abuse addiction in juveniles on probation, 
        effective treatment interventions for those disorders, and 
        making appropriate contact with mental health and substance 
        abuse case managers and programs in the community, in order to 
        ensure that juveniles on probation receive appropriate access 
        to mental health and substance abuse treatment programs and 
        services.
    ``(c) Priority.--
            ``(1) In general.--In awarding grants under subsection (a), 
        with respect to a year, the Administrator shall give priority 
        to the following agencies described in such subsection:
                    ``(A) Such an agency that is located in a rural or 
                urban area identified by the Attorney General as having 
                a high incidence of substance abuse among juveniles 
                during the previous year.
                    ``(B) A State juvenile justice agency, at least 50 
                percent of the population of which consisted during the 
                previous year of underrepresented minority individuals.
                    ``(C) A State juvenile justice agency identified by 
                the Attorney General as having a high level of 
                recidivism during the previous year.
            ``(2) Underrepresented minority individual defined.--For 
        purposes of paragraph (1)(B), the term `underrepresented 
        minority individual' means an individual who is a member of a 
        racial or ethnic minority group, as defined by the United 
        States census.''.
    (b) Authorization of Appropriations.--Section 299 of such title (42 
U.S.C. 5671) is amended--
            (1) in subsection (a)--
                    (A) in the heading by striking ``Parts C and E'' 
                and inserting ``Parts C, E, and G''; and
                    (B) in paragraph (2), by striking ``parts C and E'' 
                and inserting ``parts C, E, and G''; and
            (2) by adding at the end the following new subsection:
    ``(e) Authorization of Appropriations for Part G.--
            ``(1) There are authorized to be appropriated $90,000,000 
        from the Violent Crime Reduction Trust Fund for fiscal years 
        2007, 2008, 2009, 2010, and 2011 to carry out section 300A.''.

SEC. 302. BLOCK GRANT FUNDING FOR TREATMENT AND DIVERSION PROGRAMS.

    (a) In General.--Part G of title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.), as added 
by section 301(a), is amended by adding at the end the following:

``SEC. 300B. GRANTS FOR STATE PARTNERSHIPS.

    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, shall make grants to 
partnerships between State and local juvenile justice agencies and 
State and local mental health authorities (or appropriate children 
service agencies identified by the Attorney General) in accordance with 
this section.
    ``(b) Use of Funds.--A partnership described in subsection (a) that 
receives a grant under this section shall use such grant for the 
establishment and implementation of an eligible program under 
subsection (c) for juveniles who are confined (or have been confined) 
to juvenile correctional facilities, including facilities contracted 
for operation by State or local juvenile authorities, and who have 
mental health or substance abuse problems.
    ``(c) Eligible Programs.--For purposes of subsection (b), an 
eligible program under this subsection is either of the following:
            ``(1) Diversion.--A program that provides appropriate 
        diversion of juveniles described in subsection (b) from 
        incarceration--
                    ``(A) at the time such juveniles are in imminent 
                risk of being taken into custody;
                    ``(B) at the time such juveniles are initially 
                taken into custody;
                    ``(C) after such juveniles are charged with an 
                offense or act of juvenile delinquency;
                    ``(D) after such juveniles are adjudicated 
                delinquent but prior to case disposition; and
                    ``(E) after such juveniles are released from a 
                juvenile facility, for the purposes of attending 
                aftercare programs.
            ``(2) Mental health and substance abuse treatment.--A 
        program that complies with at least one of the following 
        requirements:
                    ``(A) Screening, assessment, and planning.--The 
                program has a screening, assessment, and planning 
                component that complies with the following:
                            ``(i) Initial assessment.--Initial mental 
                        health screening shall be completed for each 
                        juvenile offender immediately upon entering a 
                        juvenile correctional facility participating in 
                        the program. Such screening shall be conducted 
                        by qualified health and mental health 
                        professionals or by staff of the facility who 
                        have been trained by appropriately qualified 
                        health professionals, mental health 
                        professionals, and substance abuse 
                        professionals. In the case of a screening by 
                        staff of the facility, the screening results 
                        shall be reviewed by appropriately qualified 
                        health professionals, mental health 
                        professionals, and substance abuse 
                        professionals not later than 24 hours after the 
                        screening.
                            ``(ii) Comprehensive assessment and 
                        treatment plan.--Each juvenile offender 
                        entering a juvenile correctional facility 
                        participating in the program shall have a 
                        comprehensive assessment conducted and an 
                        individualized treatment plan written and 
                        implemented not later than two weeks after the 
                        date of such entrance. In the case of juvenile 
                        offenders incarcerated in secure facilities, 
                        such assessment shall be conducted not later 
                        than one week after the date of entrance into 
                        such facility. Such assessments shall be 
                        completed by appropriately qualified health 
                        professionals, mental health professionals, and 
                        substance abuse professionals.
                            ``(iii) Acute mental illness.--A juvenile 
                        offender who at any time during the confinement 
                        of the juvenile offender in a juvenile 
                        correctional facility participating in the 
                        program suffers from an acute mental disorder, 
                        who is suicidal, or who is in need of 
                        detoxification shall be placed in or 
                        immediately transferred to an appropriate 
                        medical or mental health facility. In the case 
                        that a juvenile offender is placed in or 
                        immediately transferred to a medical or mental 
                        health facility pursuant to this clause, such 
                        juvenile offender shall be released from such 
                        medical or mental health facility and admitted 
                        to a secure correctional facility only with 
                        written medical clearance from the medical or 
                        mental health facility.
                            ``(iv) Discharge plan.--Each juvenile 
                        offender confined to a juvenile correctional 
                        facility participating in the program shall 
                        have a discharge plan prepared on the date on 
                        which the juvenile enters the facility in order 
                        to integrate the juvenile back into the family 
                        or the community of such juvenile offender. 
                        Such plan shall be updated in consultation with 
                        the family or guardian of such juvenile 
                        offender before the juvenile offender is 
                        released from the facility. A discharge plan 
                        shall provide for aftercare services for the 
                        juvenile offender.
                    ``(B) Treatment.--The program has a treatment 
                component that complies with the following:
                            ``(i) In general.--If the need for 
                        treatment for a mental disorder, emotional 
                        disorder, or substance abuse is indicated by 
                        the assessment of a juvenile offender, the 
                        juvenile offender shall be referred to or 
                        treated by an appropriately qualified health 
                        professional. A juvenile offender who, 
                        immediately prior to the date of entering a 
                        juvenile correctional facility participating in 
                        the program, was receiving treatment for a 
                        mental disorder, emotional disorder, or 
                        substance abuse shall have treatment continued 
                        at such facility.
                            ``(ii) Period.--A juvenile offender 
                        described in clause (i) who receives treatment 
                        at the juvenile correctional facility involved 
                        shall continue to receive treatment at the 
                        facility until the date on which it is 
                        determined through mental health assessments 
                        that the juvenile offender is no longer in need 
                        of such treatment. Treatment plans shall be 
                        reevaluated at least once every 30 days.
                            ``(iii) Medication.--Any juvenile offender 
                        receiving psychotropic medications while in a 
                        juvenile correctional facility shall be under 
                        the care of a licensed psychiatrist. 
                        Psychotropic medications shall be monitored 
                        regularly by trained staff for their efficacy 
                        and side effects.
                            ``(iv) Specialized treatment.--During the 
                        period in which a juvenile offender is confined 
                        to a juvenile correctional facility, 
                        specialized treatment and services for a mental 
                        disorder, emotional disorder, or substance 
                        abuse shall be continually available to the 
                        juvenile offender if the juvenile offender--
                                    ``(I) has a history of mental 
                                health problems or treatment;
                                    ``(II) has a documented history of 
                                sexual abuse or offenses, as victim or 
                                as perpetrator;
                                    ``(III) has substance abuse 
                                problems, health problems, learning 
                                disabilities, or histories of family 
                                abuse or violence; or
                                    ``(IV) has developmental 
                                disabilities.
                    ``(C) Medical and mental health emergencies.--With 
                respect to each juvenile correctional facility 
                participating in the program--
                            ``(i) the correctional facility has written 
                        policies and procedures on suicide prevention;
                            ``(ii) all staff of the correctional 
                        facility who are involved in the treatment of 
                        juvenile offenders are trained and certified 
                        annually in suicide prevention;
                            ``(iii) the correctional facility has a 
                        written arrangement with a hospital or other 
                        facility for providing emergency medical and 
                        mental health care to juveniles confined to the 
                        correctional facility; and
                            ``(iv) physical and mental health services 
                        are available at the correctional facility 24 
                        hours per day, 7 days per week to juvenile 
                        offenders who are confined to such facility.
                    ``(D) Classification of juveniles.--Each juvenile 
                correctional facility participating in the program 
                shall have a policy under which--
                            ``(i) the correctional facility classifies 
                        and houses juvenile offenders in living units 
                        according to a plan that takes into 
                        consideration the age, gender, any special 
                        medical or mental health condition, size, and 
                        vulnerability to victimization of, and type of 
                        offense committed by each juvenile offender;
                            ``(ii) younger, smaller, weaker, and more 
                        vulnerable juvenile offenders (as determined by 
                        mental health professionals) are not placed in 
                        housing units with older, more aggressive 
                        juvenile offenders; and
                            ``(iii) juvenile offenders who are under 13 
                        years of age or who have serious medical 
                        conditions or mental illnesses are not placed 
                        in paramilitary boot camps.
                    ``(E) Confidentiality of records.--Each juvenile 
                correctional facility participating in the program 
                shall treat mental health and substance abuse treatment 
                records of juvenile offenders as confidential and take 
                measures, in consultation with the State involved, to 
                ensure that such records, to the greatest extent 
                possible, are not required to be included with any 
                records that such State would otherwise require to be 
                routinely released to other correctional authorities 
                and school officials.
                    ``(F) Mandatory reporting.--Each State juvenile 
                correctional facility participating in the program 
                shall--
                            ``(i) keep information on the incidence and 
                        types of mental health and substance abuse 
                        disorders demonstrated by juvenile offenders in 
                        the correctional facilities, the range and 
                        scope of mental health and substance abuse 
                        services provided by the correctional 
                        facilities to such juvenile offenders, and 
                        barriers to the provision of such services; and
                            ``(ii) submit an analysis of this 
                        information annually to the Attorney General in 
                        such form, manner, and time as specified by the 
                        Attorney General.
                    ``(G) Staff ratios for correctional facilities.--
                Each secure correctional facility participating in the 
                program shall--
                            ``(i) have a ratio of at least one mental 
                        health counselor (who is professionally trained 
                        and certified or licensed by the State 
                        involved) for every 50 juvenile offenders;
                            ``(ii) have a ratio of at least one 
                        clinical psychologist for every 100 juvenile 
                        offenders; and
                            ``(iii) have a ratio of at least one 
                        psychiatrist (who is licensed by the State 
                        involved) for every 100 juveniles offenders 
                        receiving or in need of psychiatric care.
                    ``(H) Use of force.--
                            ``(i) Written guidelines.--In accordance 
                        with this subparagraph, each juvenile 
                        correctional facility participating in the 
                        program shall have a written behavioral 
                        management system based on incentives and 
                        rewards to reduce misconduct by the juvenile 
                        offenders and the use of restraints and 
                        seclusion by staff.
                            ``(ii) Limitations on restraint.--Under the 
                        behavioral management system under clause (i), 
                        control techniques such as restraint, 
                        seclusion, chemical sprays, and room 
                        confinement shall be used only in response to 
                        extreme threats to life or safety. Use of such 
                        techniques shall be approved by the facility 
                        superintendent or chief medical officer and 
                        documented in the file of the juvenile offender 
                        involved along with a justification for such 
                        use and for the failure to use less restrictive 
                        alternatives.
                            ``(iii) Limitation on isolation.--Under the 
                        behavioral management system under clause (i), 
                        isolation and seclusion of the juvenile 
                        offender involved shall be used only for 
                        immediate and short-term security or safety 
                        reasons and in accordance with this clause. No 
                        juvenile offender shall be placed in isolation 
                        without approval of the facility superintendent 
                        or chief medical officer or their official 
                        staff designee. In the case of a juvenile 
                        offender placed in isolation or seclusion, such 
                        case shall be documented in the file of the 
                        juvenile offender along with a justification 
                        for such placement. A juvenile offender may be 
                        in isolation only for the amount of time 
                        necessary to achieve security and safety of the 
                        juvenile offender and staff of the juvenile 
                        correctional facility involved. Such staff 
                        shall monitor each juvenile in isolation at 
                        least once every 15 minutes and conduct a 
                        professional review of the need for isolation 
                        at least once every 4 hours. Any juvenile held 
                        in seclusion for at least 24 hours shall be 
                        examined by a physician or licensed 
                        psychologist.
                    ``(I) Treatment of idea and rehabilitation act.--
                Each juvenile correctional facility participating in 
                the program shall abide by all mandatory requirements 
                and time lines set forth under the Individuals with 
                Disabilities Education Act and section 504 of the 
                Rehabilitation Act of 1973.
    ``(d) Advocacy Assistance.--The Secretary of Health and Human 
Services shall make grants to the systems established under part C of 
the Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6041 et seq.) to monitor the mental health and special education 
services described in subparagraphs (A), (B), (C), (H), and (I) of 
subsection (b)(2) that are provided by partnerships that receive a 
grant under subsection (a) to juvenile offenders, and to advocate on 
behalf of such juvenile offenders to assure that such services are 
properly provided.
    ``(e) Preference.--In awarding grants under this section, the 
Attorney General, in consultation with the Secretary of Health and 
Human Services, shall give preference to partnerships described in 
subsection (a) that propose to use the grant funds for programs that 
meet more than one of the requirements under subsection (c)(2).

``SEC. 300C. ADMINISTRATIVE PROVISIONS.

    ``(a) Application.--To be eligible to receive a grant under section 
300A or 300B, an entity described in section 300A(a) or 300B(a), 
respectively, shall submit an application at such time, in such manner, 
and containing such information as the Attorney General, in 
consultation with the Secretary of Health and Human Services, may 
prescribe.
    ``(b) Contents of Application.--In accordance with guidelines 
established by the Attorney General, in consultation with the Secretary 
of Health and Human Services, each application submitted under 
subsection (a) shall, with respect to a program or activity for which 
funding through the grant involved is sought--
            ``(1) provide that such program or activity shall be 
        administered by or under the supervision of the applicant;
            ``(2) provide for the proper and efficient administration 
        of such program or activity;
            ``(3) provide for regular evaluation of such program or 
        activity;
            ``(4) provide an assurance that the proposed program or 
        activity will supplement, not supplant, similar programs and 
        activities already available in the community involved; and
            ``(5) provide for such fiscal control and fund accounting 
        procedures as may be necessary to ensure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this part for such program or activity.
    ``(c) Duration of Grants.--Subject to subsection (d), the period 
during which payments are made to an applicant from a grant under 
section 300A or 300B may not exceed two years. The provision of such 
payments are subject to the availability of appropriations for the 
fiscal year involved to make the payments.
    ``(d) Renewal.--An entity that receives a grant under section 300A 
or 300B may extend the duration of the grant in accordance with a 
method, form, and time and qualifications specified by the Attorney 
General.''.
    (b) Authorization of Appropriations.--Section 299(e) of such title 
(42 U.S.C. 5671), as added by section 301(b), is further amended by 
adding at the end the following new paragraph:
            ``(2)(A) There are authorized to be appropriated 
        $700,000,000 from the Violent Crime Reduction Trust Fund for 
        fiscal years 2007, 2008, 2009, 2010, and 2011 to carry out 
        section 300B.
            ``(B) Of such sums that are appropriated for a fiscal year 
        to carry out section 300B--
                    ``(i) 45 percent shall be used for diversion 
                programs under subsection (b)(1) of such section; and
                    ``(ii) 55 percent shall be used for treatment 
                programs under subsection (b)(2) of such section, of 
                which not less than 3 percent shall be used for the 
                purposes set forth in subsection (c) of such 
                section.''.

SEC. 303. FEDERAL COORDINATING COUNCIL ON THE CRIMINALIZATION OF 
              JUVENILES WITH MENTAL DISORDERS.

    (a) Establishment.--There is established an interdepartmental 
council to be known as the Federal Coordinating Council on 
Criminalization of Juveniles (in this section referred to as the 
``Council'') to study and coordinate the criminal and juvenile justice 
and mental health and substance abuse activities of the Federal 
Government and report to Congress on proposed new legislation to 
improve the treatment of mentally ill juveniles who are confined in (or 
have been confined in) a juvenile correctional facility.
    (b) Membership.--The Council shall be composed of 13 members, 
including representatives from--
            (1) the appropriate Federal agencies, as determined by the 
        President, including, at a minimum--
                    (A) the Department of Health and Human Services;
                    (B) the Office for Juvenile Justice and Delinquency 
                Prevention;
                    (C) the National Institute of Mental Health;
                    (D) the Social Security Administration;
                    (E) the Department of Education; and
                    (F) the Substance Abuse and Mental Health Services 
                Administration; and
            (2) children's mental health advocacy groups , as 
        identified by the Secretary of Health and Human Services.
    (c) Chairperson.--The council shall elect a chairperson of the 
council.
    (d) Duties.--The Council shall--
            (1) review Federal policies that hinder or facilitate 
        coordination at the State and local level between the mental 
        health and substance abuse systems and the juvenile justice and 
        corrections system;
            (2) study the possibilities for improving collaboration at 
        the Federal, State, and local level among such systems; and
            (3) make recommendations to Congress on any appropriate 
        initiatives to improve such coordination and collaboration, 
        which would require legislative action.
    (e) Reports.--The Council shall submit to Congress the following:
            (1) Interim report.--Not later than the date that is 18 
        months after the Council is established, an interim report on 
        the extent of coordination and collaboration in existence as of 
        such date at the Federal, State, and local levels among the 
        systems described in subsection (c)(1).
            (2) Final report.--Not later than the date that is two 
        years after the Council is established, a final report that 
        includes recommendations for initiatives to improve such 
        coordination and collaboration.
    (f) Termination.--The Council shall terminate two years after the 
date on which the Council is established.

SEC. 304. MENTAL HEALTH SCREENING AND TREATMENT FOR PRISONERS.

    (a) In General.--Section 20105(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1) in general'' before ``Funds provided 
        under section 20103''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Additional Eligibility Requirement and Uses.--
            ``(A) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or 20104, a State shall, not later 
        than January 1, 2008, demonstrate to the satisfaction of the 
        Attorney General that the State has (or intends and has taken 
        steps to implement) a program of mental health screening and 
        treatment for appropriate categories of juvenile offenders and 
        other offenders during periods of incarceration and juvenile 
        and criminal justice supervision, that is consistent with 
        guidelines issued by the Attorney General.
            ``(B) Additional uses of funds.--Notwithstanding any other 
        provision of this subtitle, amounts made available to a State 
        under section 20103 or 20104, may be--
                    ``(i) applied to the costs of programs described in 
                subparagraph (A), consistent with guidelines issued by 
                the Attorney General; or
                    ``(ii) used by the State to pay the costs of 
                providing to the Attorney General a baseline study 
                (consistent with guidelines issued by the Attorney 
                General) on the mental health problems of juvenile 
                offenders and prisoners in the State.''.
    (b) Conforming Amendments.--
            (1) Section 20103(a) of such Act is amended by striking 
        ``To be eligible'' and inserting ``Subject to section 
        20105(b)(2)(A), to be eligible''.
            (2) Section 20104(a) of such Act is amended by striking 
        ``To be eligible'' and inserting ``Subject to section 
        20105(b)(2)(A), to be eligible''.
                                 <all>