II 110th CONGRESS 2d Session S. 3176 IN THE SENATE OF THE UNITED STATES June 23, 2008 Mr. Reid (for Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide mental health and substance abuse services.

1.

Short title

This Act may be cited as the Disaster Recovery Substance Abuse Mental Health Treatment Act of 2008.

2.

Definitions

In this Act— (1)the term emergency response provider has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101); and (2)the term major disaster has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

3.

Mental health and substance abuse services

(a)

Authority

(1)

In general

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by striking section 416 and inserting the following:

416.

Mental health and substance abuse services

(a)

In general

The President may provide mental health and substance abuse services, including crisis counseling, mental health treatment referrals, and in severe cases, mental health and substance abuse treatment (including medication and medication management) to individuals affected by a major disaster (including children and other vulnerable populations, and emergency response providers (as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) responding to a major disaster) to relieve or prevent mental health or substance abuse problems caused or aggravated by that major disaster or its aftermath. (b)

Financial assistance

The assistance provided under subsection (a) may include providing financial assistance to Federal, State, or local government agencies, public or private mental health or substance abuse organizations, or mental health providers to provide mental health or substance abuse services or train individuals to provide such services. (c)

Duration of assistance

(1)

In general

The President may provide financial assistance under this section relating to a particular major disaster to a Federal, State, or local government agency or a public or private mental health or substance abuse organization for a period of not longer than 18 months. (2)

Extension

In limited circumstances, such as a catastrophic incident (as that term is defined in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311), the President may extend the period of financial assistance under this section if the President determines that the extension is in the public interest.

. (2)

Effective date

The amendment made by this subsection shall apply to any major disaster declared by the President on or after August 29, 2005. (b)

Response plan

Not later than 180 days after the date of enactment of this Act, the Administrator of the Substance Abuse and Mental Health Services Administration and the head of any other Federal agency that provides mental health or substance abuse services, in coordination with the Administrator of the Federal Emergency Management Agency and State and local government officials with responsibilities for providing mental health or substance abuse prevention and services, shall— (1)conduct a survey of mental health services and substance abuse services; and (2)develop a strategy for the adequate provision of mental health and substance abuse services to individuals affected by major disasters and to emergency response providers responding to major disasters. (c)

Technical and conforming amendments

Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by redesignating section 425 (relating to essential service providers), as added by section 601 of the SAFE Port Act (Public Law 109–347; 120 Stat. 1941), as section 427.