[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5466 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5466

 To amend titles V and XIX of the Public Health Service Act to revise 
 and extend substance use disorder and mental health programs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 28, 2010

 Mr. Kennedy (for himself and Mr. Gene Green of Texas) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend titles V and XIX of the Public Health Service Act to revise 
 and extend substance use disorder and mental health programs, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``SAMHSA 
Modernization Act of 2010''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title V of the Public Health Service Act.
Sec. 3. Amendments to title XIX of the Public Health Service Act.
Sec. 4. Repeal.
Sec. 5. Amendments to the Protection and Advocacy for Individuals with 
                            Mental Illness Act.
Sec. 6. Study of the distribution of funds under the Substance Abuse 
                            Prevention and treatment block grant and 
                            the community Mental Health Services block 
                            grant.
Sec. 7. Task force on behavioral and mental health in medical 
                            education.
Sec. 8. Council on Integration of Health Care Education.

SEC. 2. AMENDMENTS TO TITLE V OF THE PUBLIC HEALTH SERVICE ACT.

    (a) In General.--Title V of the Public Health Service Act (42 
U.S.C. 290aa et seq.), except for the second part G (41 U.S.C. 290kk et 
seq.), is amended to read as follows:

  ``TITLE V--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

             ``PART A--ORGANIZATION AND GENERAL AUTHORITIES

``SEC. 501. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION.

    ``(a) Establishment.--The Substance Abuse and Mental Health 
Services Administration (hereafter referred to in this title as the 
`Administration') is an agency of the Service.
    ``(b) Agencies.--The following entities are agencies of the 
Administration:
            ``(1) The Center for Substance Abuse Treatment.
            ``(2) The Center for Substance Abuse Prevention.
            ``(3) The Center for Mental Health Services.
    ``(c) Administrator and Deputy Administrator.--
            ``(1) Administrator.--The Administration shall be headed by 
        an Administrator (hereinafter in this title referred to as the 
        `Administrator') who shall be appointed by the President, by 
        and with the advice and consent of the Senate.
            ``(2) Deputy administrator.--The Administrator, with the 
        approval of the Secretary, may appoint a Deputy Administrator 
        and may employ and prescribe the functions of such officers and 
        employees, including attorneys, as are necessary to administer 
        the activities to be carried out through the Administration.
    ``(d) Authorities.--The Secretary, acting through the 
Administrator, shall--
            ``(1) supervise the functions of the centers of the 
        Administration in order to assure that the programs carried out 
        through each such center receive appropriate and equitable 
        support and that there is cooperation among the centers in the 
        implementation of such programs;
            ``(2) establish and implement, through the respective 
        centers, a comprehensive program to improve the provision of 
        treatment and related services to individuals with respect to 
        substance use disorders and mental illness and to improve 
        substance use disorder prevention services, promote mental 
        health and protect the legal rights of individuals with mental 
        illness or substance use disorders;
            ``(3) carry out the administrative and financial 
        management, policy development and planning, evaluation, 
        knowledge dissemination, and public information functions that 
        are required for the implementation of this title;
            ``(4) assure that the Administration conduct and coordinate 
        demonstration projects, evaluations, and service system 
        assessments and other activities necessary to improve the 
        availability and quality of prevention, treatment, and related 
        services that reflect the needs and preferences of individuals 
        with mental illness or substance use disorders and their 
        families;
            ``(5) support activities that will improve the provision of 
        treatment, prevention and related services, including the 
        development of national mental health and substance use 
        disorder goals and model programs;
            ``(6) in cooperation with the National Institutes of 
        Health, the Centers for Disease Control and Prevention, and the 
        Health Resources and Services Administration develop 
        educational materials and intervention strategies to reduce the 
        risks of HIV, hepatitis C, sexually transmitted diseases, 
        tuberculosis, and other communicable diseases among individuals 
        with mental illness or substance use disorders and to develop 
        appropriate mental health and substance use disorder services 
        for individuals with such illnesses;
            ``(7) coordinate Federal policy with respect to the 
        provision of treatment services for substance use disorders 
        utilizing anti-addiction medications, including the 
        certification of opioid treatment programs and monitoring 
        compliance with requirements established in regulations, 
        including the authority to monitor and inspect programs to 
        ensure quality service and to suspend and revoke such 
        certifications;
            ``(8) conduct programs, and assure the coordination of such 
        programs with activities of the National Institutes of Health 
        and the Agency for Healthcare Research and Quality, as 
        appropriate, to evaluate the process, outcomes and community 
        impact of prevention and treatment services and systems of care 
        in order to identify the manner in which such services can most 
        effectively be provided;
            ``(9) collaborate with the Director of the National 
        Institutes of Health in the development of a system by which 
        the relevant research findings of the National Institute on 
        Drug Abuse, the National Institute on Alcohol Abuse and 
        Alcoholism, the National Institute of Mental Health, and, as 
        appropriate, the Agency for Healthcare Research and Quality are 
        disseminated to service providers in a manner designed to 
        improve the delivery and effectiveness of treatment and 
        prevention services;
            ``(10) encourage public and private entities that provide 
        health insurance to provide benefits for substance use disorder 
        and mental health services;
            ``(11) promote the integration of substance use disorder 
        and mental health services into the mainstream of the health 
        care delivery system of the United States;
            ``(12) monitor compliance by hospitals and other facilities 
        with the requirements of sections 562 and 563;
            ``(13) with respect to grant programs authorized under this 
        title and part B of title XIX--
                    ``(A) require that all grants that are awarded for 
                the provision of services are subject to performance 
                and outcome evaluations using the performance measures 
                developed in accordance with section 504(b);
                    ``(B) require that all grants that are awarded to 
                entities other than States are awarded only after the 
                State in which the entity intends to provide services--
                            ``(i) is notified of the pendency of the 
                        grant application; and
                            ``(ii) is afforded an opportunity to 
                        comment on the merits of the application; and
                    ``(C) inform the State when funds are awarded to 
                entities within the State;
            ``(14) assure that services provided with amounts 
        appropriated under this title are culturally and linguistically 
        appropriate;
            ``(15) improve coordination among prevention programs, 
        treatment facilities and nonhealth care systems such as 
        employers, labor unions, and schools, and encourage the 
        adoption of employee assistance programs and student assistance 
        programs;
            ``(16) maintain a clearinghouse for substance use disorder 
        and mental health information to assure the widespread 
        dissemination of such information to States, political 
        subdivisions, educational agencies and institutions, treatment 
        providers, and the general public;
            ``(17) in collaboration with the National Institute on 
        Aging, and in consultation with the National Institute on Drug 
        Abuse, the National Institute on Alcohol Abuse and Alcoholism 
        and the National Institute of Mental Health, as appropriate, 
        promote and evaluate mental health and substance use disorder 
        services for older Americans in need of such services;
            ``(18) promote the coordination of service programs 
        conducted by other departments, agencies, organizations and 
        individuals that are or may be related to the problems of 
        individuals suffering from mental illness or substance use 
        disorders, including liaisons with the Social Security 
        Administration, Centers for Medicare & Medicaid Services, and 
        other programs of the Department, as well as liaisons with the 
        Department of Education, Department of Justice, and other 
        Federal Departments and offices, as appropriate;
            ``(19) collaborate with the Secretary of Defense and the 
        Secretary of Veterans Affairs to improve the provision of 
        mental health and substance use disorder services provided by 
        the Department of Defense and the Department of Veterans 
        Affairs to veterans and their families (including members of 
        the national guard and military reserve components who have 
        served in active duty and their families), including through 
        the provision of services using the telehealth capabilities of 
        the Department of Veterans Affairs;
            ``(20) in coordination with the Assistant Secretary for 
        Preparedness and Response of the Department of Health and Human 
        Services, the Administrator of the Federal Emergency Management 
        Agency, and the Director of the Centers for Disease Control and 
        Prevention, work with States to establish mental health and 
        substance use disorder emergency response plans and assist in 
        incorporating such plans into State emergency response plans in 
        preparation for possible emergencies or major disasters;
            ``(21) in coordination with the Secretary of Education and 
        the Secretary of Homeland Security, work with universities and 
        colleges to establish mental health and substance use disorder 
        emergency response plans and incorporate such plans into 
        overall institutional emergency response plans;
            ``(22) work with the Health Resources and Services 
        Administration and the Centers for Disease Control and 
        Prevention on integrating mental health and substance use 
        disorder promotion with general health promotion and disease 
        prevention;
            ``(23) collaborate with Federal departments and programs 
        that are part of the President's Interagency Council on 
        Homelessness, particularly the Department of Housing and Urban 
        Development, the Department of Labor, and the Department of 
        Veterans Affairs, and with other agencies within the Department 
        of Health and Human Services, particularly the Health Resources 
        and Services Administration, the Administration on Children and 
        Families, and the Centers for Medicare & Medicaid Services, to 
        design national strategies for providing services in supportive 
        housing that will assist in ending chronic homelessness and to 
        implement programs that address chronic homelessness;
            ``(24) work with States and other stakeholders to develop 
        and support activities to recruit and retain a mental health 
        and substance use disorders workforce that is qualified to 
        provide mental health or substance use disorder prevention and 
        treatment services in the public sector, which may include 
        fellowships, internships, and encouraging efforts to identify 
        essential skills and abilities for non-degreed and bachelor 
        degreed direct care staff, community leaders, and individuals 
        in recovery and their families; and
            ``(25) ensure that parents receiving services from a 
        program authorized under this title or under part B of title 
        XIX, receive referral for evaluation for early intervention 
        under part C of the Individuals with Disabilities Education 
        Improvement Act.
    ``(e) Associate Administrator for Alcohol Prevention and Treatment 
Policy.--
            ``(1) In general.--There may be in the Administration an 
        Associate Administrator for Alcohol Prevention and Treatment 
        Policy to whom the Administrator may delegate the function of 
        promoting and coordinating activities related to the prevention 
        and reduction of underage drinking, as well as promoting, 
        monitoring, and evaluating service programs for the prevention 
        and treatment of alcoholism and alcohol abuse within the Center 
        for Substance Abuse Prevention, the Center for Substance Abuse 
        Treatment and the Center for Mental Health Services, and 
        coordinating such programs among the Centers, and among the 
        Centers and other public and private entities. The Associate 
        Administrator also may ensure that alcohol prevention, 
        education, and policy strategies are integrated into all 
        programs of the Centers that address substance use disorder 
        prevention, education, and policy, and that the Center for 
        Substance Abuse Prevention addresses the Healthy People 2010 
        goals and the National Dietary Guidelines of the Department of 
        Health and Human Services and the Department of Agriculture 
        related to alcohol consumption.
            ``(2) Plan.--The Administrator, acting through the 
        Associate Administrator for Alcohol Prevention and Treatment 
        Policy, shall develop, and periodically review and as 
        appropriate revise, a plan for programs and policies to treat 
        and prevent alcoholism and alcohol abuse. The plan shall be 
        developed (and reviewed and revised) in collaboration with the 
        Directors of the Centers of the Administration and in 
        consultation with members of other Federal agencies and public 
        and private entities.
            ``(3) Report.--
                    ``(A) In general.--Not less than once during each 
                2-year period, the Administrator, acting through the 
                Associate Administrator for Alcohol Prevention and 
                Treatment Policy, shall prepare a report describing the 
                alcoholism and alcohol abuse prevention and treatment 
                programs undertaken by the Administration and its 
                agencies particularly those focusing on underage 
                drinking, and the report shall include a detailed 
                statement of the expenditures made for the activities 
                reported on and the personnel used in connection with 
                such activities.
                    ``(B) Revisions.--Each report under subparagraph 
                (A) shall include a description of any revisions in the 
                plan under paragraph (2) made during the preceding 2 
                years.
    ``(f) Associate Administrator for Women's Services.--
            ``(1) Appointment.--The Administrator, with the approval of 
        the Secretary, shall appoint an Associate Administrator for 
        Women's Services.
            ``(2) Duties.--The Associate Administrator appointed under 
        paragraph (1) shall--
                    ``(A) establish a committee to be known as the 
                Coordinating Committee for Women's Services (hereafter 
                in this subparagraph referred to as the `Coordinating 
                Committee'), which shall be composed of the Directors 
                of the agencies of the Administration (or the designees 
                of the Directors);
                    ``(B) acting through the Coordinating Committee, 
                with respect to women's substance use disorders and 
                mental health services--
                            ``(i) identify the need for such services, 
                        and make an estimate each fiscal year of the 
                        funds needed to adequately support the 
                        services;
                            ``(ii) identify needs regarding the 
                        coordination of services;
                            ``(iii) encourage the agencies of the 
                        Administration to support such services;
                            ``(iv) assure that the unique needs of 
                        minority women, including Native American, 
                        Alaskan Native, Hispanic, African-American and 
                        Asian women, are recognized and addressed 
                        within the activities of the Administration;
                            ``(v) recognize the distinct condition of 
                        maternal addiction and the specific needs that 
                        pregnant and parenting women and their children 
                        present to treatment approaches and 
                        interventions; and
                            ``(vi) explore the relationship between 
                        sexual violence, trauma, and maternal addiction 
                        in order to effectively respond to the distinct 
                        pathways to addiction for pregnant and 
                        parenting women;
                    ``(C) establish an advisory committee to be known 
                as the Advisory Committee for Women's Services, which 
                shall be composed of not more than 10 individuals, a 
                majority of whom shall be women, who are not officers 
                or employees of the Federal Government, to be appointed 
                by the Administrator from among physicians, 
                practitioners, treatment providers, prevention 
                specialists, and other health professionals, whose 
                clinical practice, specialization, or professional 
                expertise includes a significant focus on women's 
                substance use disorders and mental health conditions, 
                that shall--
                            ``(i) advise the Associate Administrator on 
                        appropriate activities to be undertaken by the 
                        agencies of the Administration with respect to 
                        women's substance use disorder and mental 
                        health services, including services which 
                        require a multidisciplinary approach;
                            ``(ii) collect and review data, including 
                        information provided by the Secretary, and 
                        report biannually to the Administrator 
                        regarding the extent to which women are 
                        represented among senior personnel, and make 
                        recommendations regarding improvement in the 
                        participation of women in the workforce of the 
                        Administration; and
                            ``(iii) prepare a description of activities 
                        of the Committee, including findings made by 
                        the Committee regarding--
                                    ``(I) the extent of expenditures 
                                made for substance use disorder and 
                                mental health services for women and 
                                pregnant and parenting women by the 
                                Administration; and
                                    ``(II) the estimated level of 
                                funding needed for substance use 
                                disorder and mental health services to 
                                meet the needs of women and pregnant 
                                and parenting women;
                    ``(D) improve the collection of data on women's 
                health by--
                            ``(i) reviewing the current data at the 
                        Administration to determine its uniformity and 
                        applicability;
                            ``(ii) developing standards for all 
                        programs funded by the Administration so that 
                        data are, to the extent practicable, collected 
                        and reported using common reporting formats, 
                        linkages and definitions; and
                            ``(iii) reporting to the Administrator a 
                        plan for incorporating the standards developed 
                        under clause (ii) in all Administration 
                        programs and a plan to assure that the data so 
                        collected are accessible to health 
                        professionals, providers, researchers, and 
                        members of the public; and
                    ``(E) shall establish, maintain, and operate a 
                program to provide information on women's substance use 
                disorder and mental health services.
            ``(3) Definition.--For purposes of this subsection, the 
        term `women's substance use disorder and mental health 
        conditions', with respect to women of all age, ethnic, and 
        racial groups, means all aspects of substance use disorders and 
        mental illness--
                    ``(A) unique to or that directly affects women; or
                    ``(B) with respect to which there have been 
                insufficient services involving women or insufficient 
                data.
    ``(g) Associate Administrator for Older Adult Services.--
            ``(1) Appointment.--The Administrator, with the consent of 
        the Secretary, shall appoint an individual to serve as the 
        Associate Administrator of Older Adult Services.
            ``(2) Duties.--The Associate Administrator appointed under 
        paragraph (1) shall act as the lead staff for the coordination, 
        promotion, and monitoring of--
                    ``(A) services research on the prevention and 
                identification of mental health and substance use 
                disorders in the older adult population, including the 
                risk of suicide;
                    ``(B) innovative projects for the delivery of 
                community-based mental health and substance use 
                disorder services for older adults, including senior 
                suicide prevention and the integration of mental health 
                services in primary care settings;
                    ``(C) support for the development and dissemination 
                of evidence-based practice models, including models to 
                address mental health and substance-related disorders 
                in older adults, including the risk of suicide;
                    ``(D) the development of model training programs 
                for mental health and substance use disorder 
                professionals and caregivers serving older adults; and
                    ``(E) other activities, as designated by the 
                Administrator, to improve the mental health and 
                substance use disorders of older adults.
    ``(h) Services of Experts.--
            ``(1) In general.--The Administrator may obtain (in 
        accordance with section 3109 of title 5, United States Code, 
        but without regard to the limitation in such section on the 
        number of days or the period of service) the services of not 
        more than 20 experts or consultants who have professional 
        qualifications. Such experts and consultants shall be obtained 
        for the Administration and for each of its centers.
            ``(2) Compensation and expenses.--
                    ``(A) In general.--Experts and consultants whose 
                services are obtained under paragraph (1) shall be paid 
                or reimbursed for their expenses associated with 
                traveling to and from their assignment location in 
                accordance with sections 5724, 5724a(a), 5724a(c), and 
                5726(c) of title 5, United States Code.
                    ``(B) Limitations.--Expenses specified in 
                subparagraph (A) may not be allowed in connection with 
                the assignment of an expert or consultant whose 
                services are obtained under paragraph (1), unless and 
                until the expert or consultant agrees in writing to 
                complete the entire period of assignment or one year, 
                whichever is shorter, unless separated or reassigned 
                for reasons beyond the control of the expert or 
                consultant that are acceptable to the Secretary. If the 
                expert or consultant violates the agreement, the money 
                spent by the United States for the expenses specified 
                in subparagraph (A) is recoverable from the expert or 
                consultant as a debt of the United States. The 
                Secretary may waive in whole or in part a right of 
                recovery under this subparagraph.
    ``(i) Peer Review Groups.--The Administrator shall, without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of such 
title, relating to classification and General Schedule pay rates, 
establish such peer review groups and program advisory committees as 
are needed to carry out the requirements of this title and appoint and 
pay members of such groups, except that officers and employees of the 
United States shall not receive additional compensation for services as 
members of such groups. The Federal Advisory Committee Act shall not 
apply to the duration of a peer review group appointed under this 
subsection.
    ``(j) Voluntary Services.--The Administrator may accept voluntary 
and uncompensated services.
    ``(k) Administration.--The Administrator shall ensure that programs 
and activities assigned under this title to the Administration are 
fully administered by the respective Centers to which such programs and 
activities are assigned.
    ``(l) Report Concerning Activities and Progress.--Not later than 2 
years after the date of enactment of the SAMHSA Modernization Act of 
2010, and once every 2 years thereafter, the Administrator shall 
prepare and submit to the Committee on Energy and Commerce and the 
Committee on Appropriations of the House of Representatives, and to the 
Committee on Health, Education, Labor, and Pensions and the Committee 
on Appropriations of the Senate, the report containing, at a minimum--
            ``(1) the development and assessment of population-based 
        indicators of mental health and substance use disorders for the 
        United States and the progress made in addressing gaps in 
        services and improving outcomes by the Administration and by 
        other public health agencies;
            ``(2) a description of the activities carried out by the 
        Administration to improve the availability and quality of the 
        mental health and substance use disorder prevention and 
        treatment services;
            ``(3) an assessment of the success of programs funded under 
        this title and part B of title XIX in meeting the goals of the 
        program using the measures of performance developed in 
        accordance with section 504(b); and
            ``(4) a description of the manner in which the 
        Administration engages in partnerships with other Federal 
        agencies and promotes coordination by grantees under this title 
        and part B of title XIX with other State or local agencies.
    ``(m) Applications for Grants and Contracts.--
            ``(1) In general.--With respect to awards of grants, 
        cooperative agreements, and contracts under this title or other 
        statutory authority of the Administration, the Administrator, 
        or the Director of the Center involved, as the case may be, may 
        not make such an award unless--
                    ``(A) an application for the award is submitted to 
                the official involved;
                    ``(B) with respect to carrying out the purpose for 
                which the award is to be provided, the application 
                provides assurances of compliance with the requirements 
                of the grant, cooperative agreement, or contract 
                satisfactory to such official; and
                    ``(C) the application is otherwise in such form, is 
                made in such manner, and contains such agreements, 
                assurances, and information as the official determines 
                to be necessary to carry out the purpose for which the 
                award is to be provided.
            ``(2) Consideration of religion in employment decisions.--
        With respect to any activity to be funded (in whole or in part) 
        through an award of a grant, cooperative agreement, or contract 
        under this title or any other statutory authority of the 
        Administration, the Administrator, or the Director of the 
        Center involved, as the case may be, may not make such an award 
        unless the applicant agrees to refrain from considering 
        religion or any profession of faith when making any employment 
        decision regarding an individual who is or will be assigned to 
        carry out any portion of the activity. This paragraph applies 
        notwithstanding any other provision of Federal law, including 
        any exemption otherwise applicable to a religious corporation, 
        association, educational institution, or society.
    ``(n) Emergency Response.--
            ``(1) In general.--Notwithstanding section 504 and except 
        as provided in paragraph (2), the Secretary may use not to 
        exceed 2.5 percent of all amounts appropriated under this title 
        for a fiscal year to make noncompetitive grants, contracts or 
        cooperative agreements to public entities to enable such 
        entities to address emergency substance use disorder or mental 
        health needs in local communities.
            ``(2) Exceptions.--Amounts appropriated under part C shall 
        not be subject to paragraph (1).
            ``(3) Emergencies.--The Secretary shall establish criteria 
        for determining that a substance use disorder or mental health 
        emergency exists and publish such criteria in the Federal 
        Register prior to providing funds under this subsection.
    ``(o) Limitation on the Use of Certain Information.--No 
information, if an establishment or person supplying the information or 
described in it is identifiable, obtained in the course of activities 
undertaken or supported under section 504 may be used for any purpose 
other than the purpose for which it was supplied unless such 
establishment or person has consented (as determined under regulations 
of the Secretary) to its use for such other purpose. Such information 
may not be published or released in other form if the person who 
supplied the information or who is described in it is identifiable 
unless such person has consented (as determined under regulations of 
the Secretary) to its publication or release in other form.
    ``(p) Joint Funding of Projects.--
            ``(1) In general.--
                    ``(A) Authority.--The Administrator is authorized 
                to enter into arrangements with other Federal agencies 
                to jointly carry out projects of common interest, to 
                transfer to such agencies funds appropriated under any 
                applicable program under this title, and to receive and 
                use funds from such, for projects of common interest.
                    ``(B) Use.--Funds transferred or received pursuant 
                to subparagraph (A) shall be used only for purposes for 
                which such funds were appropriated and shall be made 
                available by contract or grant only to recipients 
                eligible to receive such funds under such laws.
                    ``(C) Application of procedures.--If the 
                Administrator enters into an arrangement under this 
                subsection for the administration of a project, the 
                Federal agency administering the project shall use such 
                agency's procedures to award contracts or grants and to 
                administer such awards, unless the parties to the 
                arrangement specify the use of procedures of another 
                agency that is a party to the arrangement.
                    ``(D) Criteria.--If the Administrator has entered 
                into an arrangement authorized under this paragraph and 
                the Secretary and the heads of the other Federal 
                agencies participating in the arrangement determine 
                that joint funding is necessary to address a special 
                need consistent with the purposes and authorized 
                activities of each program that provides funding under 
                the joint project, the Administrator and the heads of 
                the other participating agencies may develop a single 
                set of criteria for the jointly funded project and 
                require each applicant for such project to submit a 
                single application for review by the participating 
                agencies.
            ``(2) Joint applications.--The Administrator may develop 
        the criteria for, and require the submission of, joint 
        applications under 2 or more applicable programs under which 
        funds are awarded on a competitive basis, and may jointly 
        review and approve such applications separately from other 
        applications under such programs, where the Secretary 
        determines that such joint awards are necessary to address a 
        special need consistent with the purposes and authorized 
        activities of each such program. Any applicant for such a joint 
        award shall meet the eligibility requirements of each such 
        program.
            ``(3) Limitations on joint funding.--The Secretary may not 
        construe the provisions of this subsection to take precedence 
        over a limitation on joint funding contained in an applicable 
        law.
            ``(4) Congressional notice.--
                    ``(A) In general.--The Administrator shall provide 
                notice to the Committee on Energy and Commerce of the 
                House of Representatives and Committee on Health, 
                Education, Labor, and Pensions of the Senate and the 
                Subcommittee on Labor, Health and Human Services and 
                Education of the Committee on Appropriations of the 
                House of Representatives and the Subcommittee on Labor, 
                Health and Human Services and Education of the 
                Committee on Appropriations of the Senate of each joint 
                funding agreement made with other Federal agencies 
                under this subsection not later than 60 days after the 
                making of such agreements.
                    ``(B) Requirements.--A notice under subparagraph 
                (A) shall include--
                            ``(i) a description of the purpose and 
                        objectives of the joint funding arrangement;
                            ``(ii) the amounts and sources, by program, 
                        of the funds dedicated to such arrangement; and
                            ``(iii) the criteria developed to govern 
                        the award of contracts and grants.
    ``(q) Publications.--The Secretary, without regard to section 501 
of title 44, United States Code, shall promptly publish, make available 
in accessible formats, and disseminate widely, the results of research, 
demonstration projects, and evaluations conducted or supported under 
this title.
    ``(r) International.--For the purpose of advancing the status of 
the health sciences in the United States (and thereby the health of the 
American people), the Administrator may provide training and technical 
assistance to foreign countries or international organizations, and 
participate with foreign countries or international organizations in 
cooperative endeavors in health care technology, health services 
research, and statistical activities related to substance use disorders 
and mental health, including participating and otherwise cooperating in 
any international meetings, conferences, or other activities concerning 
with substance use disorders or mental health.
    ``(s) Definition.--In this title, the terms `emergency' and `major 
disaster' have the meanings given such terms in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
    ``(t) Authorization of Appropriations.--For the purpose of 
providing grants, cooperative agreements, and contracts under this 
section, there are authorized to be appropriated $50,000,000 for fiscal 
year 2011, and such sums as may be necessary for each of the fiscal 
years 2012 through 2015.

``SEC. 502. ADVISORY COUNCILS.

    ``(a) Appointment.--
            ``(1) In general.--The Secretary shall appoint an advisory 
        council for--
                    ``(A) the Substance Abuse and Mental Health 
                Services Administration;
                    ``(B) the Center for Substance Abuse Treatment;
                    ``(C) the Center for Substance Abuse Prevention; 
                and
                    ``(D) the Center for Mental Health Services.
        Each such advisory council shall advise, consult with, and make 
        recommendations to the Secretary and the Administrator or 
        Director of the Administration or Center for which the advisory 
        council is established concerning matters relating to the 
        activities carried out by and through the Administration or 
        Center and the policies respecting such activities.
            ``(2) Function and activities.--An advisory council--
                    ``(A) may on the basis of the materials provided by 
                the organization respecting activities conducted at the 
                organization, make recommendations to the Administrator 
                or Director of the Administration or Center for which 
                it was established respecting such activities;
                    ``(B) may collect, by correspondence or by personal 
                investigation, information as to studies and services 
                that are being carried on in the United States or any 
                other country as to the diseases, disorders, or other 
                aspects of human health with respect to which the 
                organization was established and with the approval of 
                the Administrator or Director, whichever is 
                appropriate, make such information available through 
                appropriate publications for the benefit of public and 
                private health entities and health professions 
                personnel and for the information of the general 
                public; and
                    ``(C) may appoint subcommittees and convene 
                workshops and conferences.
    ``(b) Membership.--
            ``(1) In general.--Each advisory council shall consist of 
        nonvoting ex officio members and not more than 12 members to be 
        appointed by the Secretary under paragraph (3).
            ``(2) Ex officio members.--The ex officio members of an 
        advisory council shall consist of--
                    ``(A) the Secretary;
                    ``(B) the Administrator;
                    ``(C) the Director of the Center for which the 
                council is established;
                    ``(D) the Under Secretary for Health of the 
                Department of Veterans Affairs;
                    ``(E) the Assistant Secretary for Defense for 
                Health Affairs (or the designates of such officers); 
                and
                    ``(F) such additional officers or employees of the 
                United States as the Secretary determines necessary for 
                the advisory council to effectively carry out its 
                functions.
            ``(3) Appointed members.--Individuals shall be appointed to 
        an advisory council under paragraph (1) as follows:
                    ``(A) Nine of the members shall be appointed by the 
                Secretary from among the leading representatives of the 
                health disciplines (including public health and 
                behavioral and social sciences and, as practicable, 
                age-appropriate health experts) relevant to the 
                activities of the Administration or Center for which 
                the advisory council is established.
                    ``(B) Three of the members shall be appointed by 
                the Secretary from the general public (including an 
                older adult or a member of their family), and shall 
                include consumers and leaders in fields of public 
                policy, public relations, law, health policy economics, 
                or management.
                    ``(C) The Secretary shall appoint a member of the 
                Women's Advisory Council established under section 
                501(f)(2)(C) to each of the advisory councils as a 
                liaison between such councils and the Women's Advisory 
                Council.
            ``(4) Compensation.--Members of an advisory council who are 
        officers or employees of the United States shall not receive 
        any compensation for service on the advisory council. The 
        remaining members of an advisory council shall receive, for 
        each day (including travel time) they are engaged in the 
        performance of the functions of the advisory council, 
        compensation at rates not to exceed the daily equivalent to the 
        annual rate in effect for Executive Level II.
    ``(c) Terms of Office.--
            ``(1) In general.--The term of office of a member of an 
        advisory council appointed under subsection (b) shall be 4 
        years, except that any member appointed to fill a vacancy for 
        an unexpired term shall serve for the remainder of such term. 
        The Secretary shall make appointments to an advisory council in 
        such a manner as to ensure that the terms of the members not 
        all expire in the same year. A member of an advisory council 
        may serve after the expiration of such member's term until a 
        successor has been appointed and taken office.
            ``(2) Reappointments.--A member who has been appointed to 
        an advisory council for a term of 4 years may not be 
        reappointed to an advisory council during the 2-year period 
        beginning on the date on which such 4-year term expired.
            ``(3) Time for appointment.--If a vacancy occurs in an 
        advisory council among the members under subsection (b), the 
        Secretary shall make an appointment to fill such vacancy within 
        90 days from the date the vacancy occurs.
    ``(d) Chair.--The Secretary shall select a member of an advisory 
council to serve as the chair of the council. The Secretary may so 
select an individual from among the appointed members, or may select 
the Administrator or the Director of the Center involved. The term of 
office of the chair shall be 2 years unless the Secretary appoints the 
Administrator to serve as the chair.
    ``(e) Meetings.--An advisory council shall meet at the call of the 
chairperson or upon the request of the Administrator or Director of the 
Administration or Center for which the advisory council is established, 
but in no event less than 2 times during each fiscal year. The location 
of the meetings of each advisory council shall be subject to the 
approval of the Administrator or Director of Administration or Center 
for which the council was established.
    ``(f) Executive Secretary and Staff.--The Administrator or Director 
of the Administration or Center for which the advisory council is 
established shall designate a member of the staff of the Administration 
or Center for which the advisory council is established to serve as the 
Executive Secretary of the advisory council. The Administrator or 
Director shall make available to the advisory council such staff, 
information, and other assistance as it may require to carry out its 
functions. The Administrator or Director shall provide orientation and 
training for new members of the advisory council to provide for their 
effective participation in the functions of the advisory council.

``SEC. 503. PEER REVIEW.

    ``(a) In General.--The Secretary, after consultation with the 
Administrator, shall require appropriate peer review of grants, 
cooperative agreements, and contracts to be administered through the 
agency which exceed the simple acquisition threshold as defined in 
section 4(11) of the Office of Federal Procurement Policy Act.
    ``(b) Members.--The members of any peer review group established 
under subsection (a) shall be individuals who by virtue of their 
training or experience are eminently qualified to perform the review 
functions of the group. Not more than one-fourth of the members of any 
such peer review group shall be officers or employees of the United 
States.
    ``(c) Conditions.--The Secretary may establish limited exceptions 
to the limitations contained in this section regarding participation of 
Federal employees. The circumstances under which the Secretary may make 
such an exception shall be made public.

``SEC. 504. DATA COLLECTION.

    ``(a) Data.--
            ``(1) In general.--The Secretary, acting through the 
        Administrator, shall, at a minimum, collect data each year--
                    ``(A) with respect to mental health, concerning--
                            ``(i) the national incidence and prevalence 
                        of the various forms of mental illness and, in 
                        particular, the national incidence and 
                        prevalence of adults with serious mental 
                        illness and children with serious emotional 
                        disturbance (as such terms are defined for 
                        purposes of section 1912);
                            ``(ii) the number and variety of public and 
                        nonprofit private treatment programs;
                            ``(iii) the number and demographic 
                        characteristics of individuals receiving 
                        treatment through such programs;
                            ``(iv) the type of care received by such 
                        individuals;
                            ``(v) the relationship between mental 
                        illness and physical diseases; and
                            ``(vi) such other issues as may be 
                        appropriate; and
                    ``(B) with respect to substance use, concerning--
                            ``(i) the national incidence and prevalence 
                        of the various forms of substance use;
                            ``(ii) the incidence and prevalence of such 
                        various forms of substance use in major 
                        metropolitan areas selected by the Secretary;
                            ``(iii) the number of individuals admitted 
                        to the emergency rooms of hospitals as a result 
                        of the abuse of alcohol or other drugs;
                            ``(iv) the number of deaths occurring as a 
                        result of substance use disorders, as indicated 
                        in reports by coroners;
                            ``(v) the number and variety of public and 
                        private nonprofit treatment programs, including 
                        their capacity and type of patient services 
                        available;
                            ``(vi) the number of individuals seeking 
                        treatment through such programs, the number and 
                        demographic characteristics of individuals 
                        receiving such treatment, the percentage of 
                        individuals who complete such programs, and, 
                        with respect to individuals receiving such 
                        treatment, the length of time between an 
                        individual's request for treatment and the 
                        commencement of treatment;
                            ``(vii) the number of such individuals who 
                        return for treatment after the completion of a 
                        prior treatment in such programs and the method 
                        of treatment utilized during the prior 
                        treatment;
                            ``(viii) the number of individuals 
                        receiving public assistance for such treatment 
                        programs;
                            ``(ix) the costs and effectiveness of the 
                        different types of treatment modalities for 
                        drug and alcohol abuse and the aggregate 
                        relative costs of each such treatment modality 
                        provided within a State in each fiscal year;
                            ``(x) to the extent information is 
                        available, the number of individuals receiving 
                        treatment for alcohol or drug abuse who have 
                        private insurance coverage for the costs of 
                        such treatment;
                            ``(xi) the extent of alcohol and drug abuse 
                        among high school students and among the 
                        general population; and
                            ``(xii) the number of alcohol and drug 
                        abuse counselors and other substance use 
                        disorder treatment personnel employed in public 
                        and private treatment facilities.
            ``(2) Annual surveys.--The Secretary shall carry out annual 
        surveys with respect to the collection of data under this 
        subsection. Summaries and analyses of such data shall be made 
        available to the public.
    ``(b) National Outcome Measures.--
            ``(1) In general.--The Secretary, in consultation with 
        States and other stakeholders, shall establish national outcome 
        measures (including client and community measures) for 
        substance abuse and mental health programs to be used by 
        recipients of assistance through programs authorized under this 
        title and part B of title XIX, as appropriate.
            ``(2) Evaluation.--The Secretary shall be responsible for 
        evaluating the effect of the implementation of the outcome 
        measures developed under paragraph (1) and whether such outcome 
        measures continue to be important for measuring program success 
        and for recommending additional measures or modification to 
        current measures.
            ``(3) Modifications.--Any modifications made as a result of 
        an evaluation under paragraph (2) shall be made only after the 
        Secretary has consulted with States and other stakeholders and 
        after such modification are published in the Federal Register.
            ``(4) Deemed publication.--National outcome measures agreed 
        to by the States and other stakeholders prior to the date of 
        enactment of the SAMHSA Modernization Act of 2010 are deemed to 
        have been published in the Federal Register for the purposes of 
        paragraph (3).
    ``(c) State Infrastructure Grants.--
            ``(1) In general.--The Secretary may award grants to, and 
        enter into contracts or cooperative agreements with, States for 
        the purpose of developing and operating mental health or 
        substance use disorder data collection, analysis, and reporting 
        systems in accordance with the outcome measures developed under 
        subsection (b).
            ``(2) Matching requirement.--
                    ``(A) In general.--With respect to the costs of the 
                program to be carried out under a grant under paragraph 
                (1) by a State, the Secretary may make an award under 
                such paragraph only if the applicant agrees to 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 50 percent of 
                such costs.
                    ``(B) Determination of amount contributed.--Non-
                Federal contributions under subparagraph (A) may be in 
                cash or in kind, fairly evaluated, including plant, 
                equipment, or services. Amounts provided by the Federal 
                Government, or services assisted or subsidized to any 
                significant extent by the Federal Government, may not 
                be included in determining the amount of such 
                contributions.
            ``(3) Duration of support.--The period during which 
        payments may be made for a program under paragraph (1) may be 
        not less than 3 years nor more than 5 years.
    ``(d) Uniform Criteria.--After consultation with the States and 
with appropriate national organizations, the Administrator shall 
develop uniform criteria for the collection of data, using the best 
available technology, pursuant to this section.
    ``(e) 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 fiscal years 2011 through 2015.

``SEC. 505. SUPPORTIVE SERVICES FOR HOMELESS INDIVIDUALS.

    ``(a) Grants for Treatment and Recovery for Homeless Individuals.--
            ``(1) In general.--The Secretary shall award grants, 
        contracts and cooperative agreements to community-based public 
        and private nonprofit entities for the purposes of providing 
        mental health and substance use disorder services for homeless 
        individuals. In carrying out this section, the Secretary shall 
        consult with the Interagency Council on the Homeless, 
        established under section 201 of the Stewart B. McKinney 
        Homeless Assistance Act (42 U.S.C. 11311).
            ``(2) Preferences.--In awarding grants, contracts, and 
        cooperative agreements under paragraph (1), the Secretary shall 
        give a preference to--
                    ``(A) entities that provide integrated primary 
                health, substance use disorder, and mental health 
                services to homeless individuals;
                    ``(B) entities that demonstrate effectiveness in 
                serving runaway, homeless, and street youth;
                    ``(C) entities that have experience in providing 
                substance use disorder and mental health services to 
                homeless individuals;
                    ``(D) entities that demonstrate experience in 
                providing housing for individuals in treatment for or 
                in recovery from mental illness or substance use 
                disorders; and
                    ``(E) entities that demonstrate effectiveness in 
                serving homeless veterans.
            ``(3) Services for certain individuals.--In awarding 
        grants, contracts, and cooperative agreements under paragraph 
        (1), the Secretary shall not--
                    ``(A) prohibit the provision of services under such 
                subsection to homeless individuals who are suffering 
                from a substance use disorder and are not suffering 
                from a mental health disorder; and
                    ``(B) make payments under such paragraph to any 
                entity that has a policy of--
                            ``(i) excluding individuals from mental 
                        health services due to the existence or 
                        suspicion of substance use disorder; or
                            ``(ii) has a policy of excluding 
                        individuals from substance use disorder 
                        services due to the existence or suspicion of 
                        mental illness.
    ``(b) Grants for Services To End Long-Term Homelessness.--
            ``(1) In general.--
                    ``(A) Grants.--The Secretary shall make grants to 
                entities described in subparagraph (B) for the purpose 
                of carrying out projects to provide the services 
                described in paragraph (4) to chronically homeless 
                individuals in permanent supportive housing.
                    ``(B) Eligible entities.--For purposes of 
                subparagraph (A), an entity described in this 
                subparagraph is--
                            ``(i) a State or political subdivision of a 
                        State, an American Indian and Alaska Native 
                        tribe, tribal organization, a health facility 
                        or program operated by or pursuant to a 
                        contract or grant with the Indian Health 
                        Service, or a public or nonprofit private 
                        entity, including a community-based provider of 
                        homelessness services, health care, housing, or 
                        other services important to individuals 
                        experiencing chronic homelessness; or
                            ``(ii) a consortium composed of entities 
                        described in clause (i), which consortium 
                        includes a public or nonprofit private entity 
                        that serves as the lead applicant and has 
                        responsibility for fiscal management, program 
                        management, and coordinating the activities of 
                        the consortium.
            ``(2) Priorities.--In making grants under paragraph (1), 
        the Secretary shall give priority to applicants demonstrating 
        that the applicants--
                    ``(A) target the services described in paragraph 
                (4) to individuals or families who--
                            ``(i) have been homeless for longer periods 
                        of time or have experienced more episodes of 
                        homelessness than are required to meet the 
                        definition of chronic homelessness under this 
                        section;
                            ``(ii) have high rates of utilization of 
                        emergency public systems of care; or
                            ``(iii) have a history of interactions with 
                        law enforcement and the criminal justice 
                        system;
                    ``(B) have greater funding commitments from State 
                or local government agencies responsible for overseeing 
                mental health treatment, substance use disorder 
                treatment, medical care, and employment (including 
                commitments to provide Federal funds in accordance with 
                paragraph (5)(B)(ii)(II));
                    ``(C) will provide for an increase in the number of 
                units of permanent supportive housing that would serve 
                chronically homeless individuals in the community as a 
                result of an award of a grant under paragraph (1); and
                    ``(D) have demonstrated experience providing 
                services to address the mental health and substance use 
                disorder problems of chronically homeless individuals 
                living in permanent supportive housing settings.
            ``(3) Geographic distribution.--The Secretary shall ensure 
        that consideration is given to geographic distribution (such as 
        urban and rural areas) in the awarding of grants under 
        paragraph (1).
            ``(4) Services.--The services referred to in paragraph (1) 
        are the following:
                    ``(A) Services provided by the grantee or by 
                qualified subcontractors that promote recovery, 
                resiliency, and self-sufficiency and address barriers 
                to housing stability, including the following:
                            ``(i) Mental health services, including 
                        treatment services and recovery support 
                        services and services that promote resiliency.
                            ``(ii) Substance use disorder treatment and 
                        recovery support services, including 
                        counseling, treatment planning, recovery 
                        coaching, and relapse prevention.
                            ``(iii) Integrated, coordinated treatment 
                        and recovery support services for co-occurring 
                        disorders.
                            ``(iv) Health education, including 
                        referrals for medical and dental care.
                            ``(v) Services designed to help individuals 
                        make progress toward self-sufficiency and 
                        recovery, including benefits advocacy, money 
                        management, life-skills training, self-help 
                        programs, and engagement and motivational 
                        interventions.
                            ``(vi) Parental skills and family support.
                            ``(vii) Case management.
                            ``(viii) Other supportive services that 
                        promote an end to chronic homelessness.
                            ``(ix) Coordination or partnership with 
                        other agencies, programs, or mainstream 
                        benefits to maximize the availability of 
                        services and resources to meet the needs of 
                        chronically homeless persons living in 
                        supportive housing using cost-effective 
                        approaches that avoid duplication.
                            ``(x) Data collection and measuring 
                        performance outcomes as specified in paragraph 
                        (11).
                    ``(B) Services, as described in subparagraph (A), 
                that are delivered to individuals and families who are 
                chronically homeless and who are scheduled to become 
                residents of permanent supportive housing within 90 
                days pending the location or development of an 
                appropriate unit of housing.
                    ``(C) For individuals and families who are 
                otherwise eligible, and who have voluntarily chosen to 
                seek other housing opportunities after a period of 
                tenancy in supportive housing, services, as described 
                in subparagraph (A), that are delivered, for a period 
                of 90 days after exiting permanent supportive housing 
                or until the individuals have transitioned to 
                comprehensive services adequate to meet their current 
                needs, provided that the purpose of the services is to 
                support the individuals in their choice to transition 
                into housing that is responsive to their individual 
                needs and preferences.
            ``(5) Matching funds.--
                    ``(A) In general.--A condition for the receipt of a 
                grant under paragraph (1) is that, with respect to the 
                cost of the project to be carried out by an applicant 
                pursuant to such subsection, the applicant agrees as 
                follows:
                            ``(i) In the case of the initial grant 
                        pursuant to paragraph (10)(A)(i), the applicant 
                        will, in accordance with subparagraphs (B) and 
                        (C), make available contributions toward such 
                        costs in an amount that is not less than $1 for 
                        each $3 of Federal funds provided in the grant.
                            ``(ii) In the case of a renewal grant 
                        pursuant to paragraph (10)(A)(ii), the 
                        applicant will, in accordance with 
                        subparagraphs (B) and (C), make available 
                        contributions toward such costs in an amount 
                        that is not less than $1 for each $1 of Federal 
                        funds provided in the grant.
                    ``(B) Source of contribution.--For purposes of 
                subparagraph (A), contributions made by an applicant 
                are in accordance with this paragraph if made as 
                follows:
                            ``(i) The contribution is made from funds 
                        of the applicant or from donations from public 
                        or private entities.
                            ``(ii) Of the contribution--
                                    ``(I) not less than 80 percent is 
                                from non-Federal funds; and
                                    ``(II) not more than 20 percent is 
                                from Federal funds provided under 
                                programs that--
                                            ``(aa) are not expressly 
                                        directed at services for 
                                        homeless individuals, but whose 
                                        purposes are broad enough to 
                                        include the provision of a 
                                        service or services described 
                                        in paragraph (4) as authorized 
                                        expenditures under such 
                                        program; and
                                            ``(bb) do not prohibit 
                                        Federal funds under the program 
                                        from being used to provide a 
                                        contribution that is required 
                                        as a condition for obtaining 
                                        Federal funds.
                    ``(C) Determination of amount contributed.--
                Contributions required in subparagraph (A) may be in 
                cash or in kind, fairly evaluated, including plant, 
                equipment, or services. Amounts provided by the Federal 
                Government, or services assisted or subsidized to any 
                significant extent by the Federal Government, may not 
                be included in determining the amount of non-Federal 
                contributions required in subparagraph (B)(ii)(I).
            ``(6) Administrative expenses.--A condition for the receipt 
        of a grant under paragraph (1) is that the applicant involved 
        agree that not more than 10 percent of the grant will be 
        expended for administrative expenses with respect to the grant. 
        Expenses for data collection and measuring performance outcomes 
        as specified in paragraph (11) shall not be considered as 
        administrative expenses subject to the limitation in this 
        paragraph.
            ``(7) Certain uses of funds.--Notwithstanding other 
        provisions of this section, not more than 20 percent of the 
        individuals served by a grantee under paragraph (1) may be 
        homeless individuals who are not chronically homeless.
            ``(8) Application for grant.--A grant may be made under 
        paragraph (1) only if an application for the grant is submitted 
        to the Secretary and the application is in such form, is made 
        in such manner, and contains such agreements, assurances, and 
        information as the Secretary determines to be necessary to 
        carry out this subsection.
            ``(9) Certain requirements.--A condition for the receipt of 
        a grant under paragraph (1) is that the applicant involved 
        demonstrate the following:
                    ``(A) The applicant and all direct providers of 
                services have the experience, infrastructure, and 
                expertise needed to ensure the quality and 
                effectiveness of services, which may be demonstrated by 
                any of the following:
                            ``(i) Compliance with all local, city, 
                        county, or State requirements for licensing, 
                        accreditation, or certification (if any) which 
                        are applicable to the proposed project.
                            ``(ii) A minimum of 2 years experience 
                        providing comparable services that do not 
                        require licensing, accreditation, or 
                        certification.
                            ``(iii) Certification as a Medicaid service 
                        provider, including health care for the 
                        homeless programs and community health centers.
                            ``(iv) An executed agreement with a 
                        relevant State or local government agency that 
                        will provide oversight over the mental health, 
                        substance use disorder, or other services that 
                        will be delivered by the project.
                    ``(B) There is a mechanism for determining whether 
                residents are chronically homeless. Such a mechanism 
                may rely on local data systems or records of shelter 
                admission. If there are no sources of data regarding 
                the duration or number of homeless episodes, or if such 
                data are unreliable for the purposes of this paragraph, 
                an applicant must demonstrate that the project will 
                implement appropriate procedures, taking into 
                consideration the capacity of local homeless service 
                providers to document episodes of homelessness and the 
                challenges of engaging persons who have been 
                chronically homeless, to verify that an individual or 
                family meets the definition for being chronically 
                homeless under this subsection.
                    ``(C) The applicant participates in a local, 
                regional, or statewide homeless management information 
                system.
            ``(10) Duration of initial and renewal grants; additional 
        provisions regarding renewal grants.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the period during which payments are made to a 
                grantee under paragraph (1) shall be in accordance with 
                the following:
                            ``(i) In the case of the initial grant, the 
                        period of payments shall be not less than 3 
                        years and not more than 5 years.
                            ``(ii) In the case of a subsequent grant 
                        (referred to in this subsection as a `renewal 
                        grant'), the period of payments shall be not 
                        more than 5 years.
                    ``(B) Annual approval; availability of 
                appropriations; number of grants.--The provision of 
                payments under an initial or renewal grant is 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 paragraph may 
                not be construed as establishing a limitation on the 
                number of grants under paragraph (1) that may be made 
                to an entity.
                    ``(C) Additional provisions regarding renewal 
                grants.--
                            ``(i) Compliance with minimum standards.--A 
                        renewal grant may be made by the Secretary only 
                        if the Secretary determines that the applicant 
                        involved has, in the project carried out with 
                        the grant, maintained compliance with minimum 
                        standards for quality and successful outcomes 
                        for housing retention, as determined by the 
                        Secretary.
                            ``(ii) Amount.--The maximum amount of a 
                        renewal grant under this paragraph shall not 
                        exceed an amount equal to 75 percent of the 
                        amount of the grant awarded in the final year 
                        of the initial grant period.
            ``(11) Strategic performance outcomes and reports.--
                    ``(A) In general.--The Secretary shall, as a 
                condition of the receipt of grants under paragraph (1), 
                require grantees to provide data regarding the 
                performance outcomes of the projects carried out under 
                the grants. Consistent with the requirements and 
                procedures established by the Secretary, each grantee 
                shall measure and report specific performance outcomes 
                related to the long-term goals of increasing stability 
                within the community for people who have been 
                chronically homeless, and decreasing the recurrence of 
                periods of homelessness.
                    ``(B) Performance outcomes.--The performance 
                outcomes described under subparagraph (A) shall 
                include, with respect to individuals who have been 
                chronically homeless--
                            ``(i) improvements in housing stability;
                            ``(ii) improvements in employment and 
                        education;
                            ``(iii) reductions in problems related to 
                        substance use disorders;
                            ``(iv) reductions in problems related to 
                        mental health disorders; and
                            ``(v) other areas as the Secretary 
                        determines appropriate.
                    ``(C) Coordination and consistency with other 
                homeless assistance programs.--
                            ``(i) Procedures.--In establishing 
                        strategic performance outcomes and reporting 
                        requirements under subparagraph (A), the 
                        Secretary shall develop and implement 
                        procedures that minimize the costs and burdens 
                        to grantees and program participants, and that 
                        are practical, streamlined, and designed for 
                        consistency with the requirements of the 
                        homeless assistance programs administered by 
                        the Secretary of Housing and Urban Development.
                            ``(ii) Applicant coordination.--Applicants 
                        under this subsection shall coordinate with 
                        community stakeholders, including participants 
                        in the local homeless management information 
                        system, concerning the development of systems 
                        to measure performance outcomes and with the 
                        Secretary for assistance with data collection 
                        and measurements activities.
                    ``(D) Report.--A grantee shall submit an annual 
                report to the Secretary that--
                            ``(i) identifies the grantee's progress 
                        toward achieving its strategic performance 
                        outcomes; and
                            ``(ii) describes other activities conducted 
                        by the grantee to increase the participation, 
                        housing stability, and other improvements in 
                        outcomes for individuals who have been 
                        chronically homeless.
            ``(12) Training and technical assistance.--The Secretary, 
        directly or through awards of grants or contracts to public or 
        nonprofit private entities, shall provide training and 
        technical assistance regarding the planning, development, and 
        provision of services in projects under paragraph (1).
    ``(c) Definitions.--For purposes of this section:
            ``(1) Chronically homeless.--
                    ``(A) In general.--The term `chronically homeless', 
                used with respect to an individual or family, means an 
                individual or family who--
                            ``(i) is homeless and lives or resides in a 
                        place not meant for human habitation, a safe 
                        haven, or in an emergency shelter;
                            ``(ii) has been homeless and living or 
                        residing in a place not meant for human 
                        habitation, a safe haven, or in an emergency 
                        shelter continuously for at least 1 year or on 
                        at least 4 separate occasions in the last 3 
                        years; and
                            ``(iii) has an adult head of household (or 
                        a minor head of household if no adult is 
                        present in the household) with a diagnosable 
                        substance use disorder, serious mental illness, 
                        developmental disability (as defined in section 
                        102 of the Developmental Disabilities 
                        Assistance and Bill of Rights Act of 2000 (42 
                        U.S.C. 15002)), post traumatic stress disorder, 
                        cognitive impairments resulting from a brain 
                        injury, or chronic physical illness or 
                        disability, including the co-occurrence of 2 or 
                        more of those conditions.
                    ``(B) Rule of construction.--A person who currently 
                lives or resides in an institutional care facility, 
                including a jail, substance use disorder or mental 
                health treatment facility, hospital or other similar 
                facility, and has resided there for fewer than 90 days 
                shall be considered chronically homeless if such person 
                met all of the requirements described in subparagraph 
                (A) prior to entering that facility.
            ``(2) Homeless.--The term `homeless' means sleeping in a 
        place not meant for human habitation or in an emergency 
        homeless shelter.
            ``(3) Homeless individual.--The term `homeless individual' 
        has the meaning given such term in section 330(h)(5)(A).
            ``(4) Permanent supportive housing.--
                    ``(A) In general.--The term `permanent supportive 
                housing' means permanent, affordable housing with 
                flexible support services that are available and 
                designed to help the tenants stay housed and build the 
                necessary skills to live as independently as possible. 
                Such term does not include housing that is time-
                limited. Supportive housing offers residents assistance 
                in reaching their full potential, which may include 
                opportunities to secure other housing that meets their 
                needs and preferences, based on individual choice 
                instead of the requirements of time-limited 
                transitional programs. Under this section, permanent 
                affordable housing includes permanent housing funded or 
                assisted through title IV of the McKinney-Vento 
                Homeless Assistance Act and section (8) of the United 
                States Housing Act of 1937.
                    ``(B) Affordable.--For purposes of subparagraph 
                (A), the term `affordable' means within the financial 
                means of individuals who are extremely low income, as 
                defined by the Secretary of Housing and Urban 
                Development.
            ``(5) Substance use disorder services.--The term `substance 
        use disorder services' has the meaning given the term 
        `substance abuse services' in section 330(h)(5)(C).
    ``(d) Term of the Awards.--No entity may receive a grant, contract, 
or cooperative agreement under this section for more than 5 years.
    ``(e) Report.--Not later than 2 years after the date of enactment 
of the SAMHSA Modernization Act of 2010, and once every 2 years 
thereafter, the Secretary shall submit to the appropriate committees of 
Congress a report concerning the programs and services provided under 
this section. Such report shall include--
            ``(1) a summary of the information received by the 
        Secretary under paragraph (11) of subsection (b);
            ``(2) a description of how the services provided under each 
        such program are coordinated with State and local social 
        service programs and homelessness assistance programs and 
        Department of Veterans Affairs services programs; and
            ``(3) an evaluation of the manner in which funds are used 
        under such programs and the effectiveness of such programs in 
        ending chronic homelessness and improving outcomes for 
        individuals with mental illness and substance use disorder 
        problems.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section, $100,000,000 for fiscal year 2011, 
        and such sums as may be necessary for each of the fiscal years 
        2012 through 2015.
            ``(2) Continuing grants.--Of the total amount appropriated 
        to carry out this section, amounts shall first be allocated for 
        continuing grants awarded under section 505(a) (as such section 
        existed on the day before the date of enactment of the SAMHSA 
        Modernization Act of 2010.
            ``(3) Remaining funds.--Upon complying with paragraph (2), 
        any remaining funds shall be allocated equally between 
        subsections (a) and (b).

``SEC. 506. AMERICAN INDIANS AND ALASKA NATIVES.

    ``(a) Technical Assistance.--The Secretary shall provide technical 
assistance to American Indian and Alaska Native tribes and tribal 
organizations in submitting applications for any program of grants 
under this title.
    ``(b) SAMHSA Tribal Technical Advisory Group.--
            ``(1) In general.--The Secretary shall establish and 
        maintain a Tribal Technical Advisory Group (referred to in this 
        section as the `Group') that shall be composed of--
                    ``(A) Indian representation, as selected by the 
                tribes, from each of the 12 administrative units (Area 
                Offices) of the Indian Health Service;
                    ``(B) a representative of the Indian Health 
                Service;
                    ``(C) representatives of National Indian 
                Organizations with general interests in Indian health 
                care;
                    ``(D) a representative of the Administration; and
                    ``(E) a representative of a national organization 
                representing States' interests in mental health and 
                substance use disorders.
            ``(2) Purpose.--The purpose of the Group is to enhance the 
        tribal government to Federal Government relationship by 
        providing recommendations and advice to tribes, States, and the 
        Administration through--
                    ``(A) identifying the barriers and issues in 
                providing mental health and substance use disorder 
                treatments and services between the Administration, 
                States and tribal health programs, including those 
                programs administered by the Indian Health Service;
                    ``(B) providing expertise on policies, guidelines, 
                and programmatic issues affecting the delivery of 
                mental health and substance use disorder care for 
                American Indians and Alaska Natives;
                    ``(C) facilitating any interaction relating to 
                intergovernmental and intragovernmental 
                responsibilities; and
                    ``(D) providing any other advice or assistance to 
                the Administration to improve the mental health and 
                substance use disorder status levels of American 
                Indians and Alaska Natives.
            ``(3) Support no supplant.--The Group shall support and not 
        supplant the tribal consultation process between the 
        Administration and tribes.
            ``(4) Report.--Not later than 1 year after the date of the 
        enactment of the SAMHSA Modernization Act of 2010, and annually 
        thereafter, the Group shall prepare and submit, to the 
        Secretary, the Committee on Indian Affairs and the Committee on 
        Health, Education, Labor, and Pensions of the Senate, and the 
        Committee on Natural Resources and the Committee on Energy and 
        Commerce of the House of Representatives, a report describing 
        the activities, findings, and recommendations pursuant to this 
        section.
    ``(c) Duties.--The Secretary shall appoint an individual within the 
Administration to--
            ``(1) act as a point of contact for tribes and tribal 
        organizations;
            ``(2) coordinate and provide technical assistance to tribes 
        and tribal organizations;
            ``(3) act as a knowledgeable source on American Indian and 
        Alaska Native mental health and substance use disorders issues;
            ``(4) advise grant review panels about the effectiveness of 
        traditional intervention and treatment methods used by American 
        Indians and Alaska Natives;
            ``(5) coordinates activities between the Administration and 
        the Group; and
            ``(6) coordinate activities between the Administration and 
        Indian Health Service.
    ``(d) Special Mental Health and Substance Use Disorders Programs 
for American Indians and Alaska Natives.--
            ``(1) In general.--The Secretary shall award grants, in 
        addition to discretionary grants under this title, to provide 
        services for mental health and substance use disorders in 
        accordance with paragraph (2).
            ``(2) Service through indian health facilities.--For 
        purposes of paragraph (1), services under such subsection shall 
        be considered to be provided in accordance with this subsection 
        if such services are provided through an American Indian and 
        Alaska Native program operated by an Indian tribe, tribal 
        organization, Indian Health Service, or a health facility or 
        program operated by or pursuant to a contract or grant with the 
        Indian Health Service.
            ``(3) Data collection.--The Secretary shall periodically 
        collect and report on information concerning the numbers of 
        people served through grants pursuant to this subsection and 
        the effectiveness of such grants.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $40,000,000 for fiscal year 2011, and such sums as may be 
        necessary for fiscal years 2012 through and 2015.

``SEC. 507. EARLY DETECTION AND INTERVENTION FOR MENTAL ILLNESS AND 
              SUBSTANCE ABUSE DISORDERS.

    ``(a) In General.--The Administrator may award grants, contracts, 
or cooperative agreements to eligible entities for mental illness and 
substance abuse screening, brief intervention, referral, and recovery 
services for individuals in primary health care settings.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means a public or private nonprofit entity that--
            ``(1) provides primary health services;
            ``(2) seeks to integrate mental illness and substance abuse 
        services into its service system;
            ``(3) has developed a working relationship with providers 
        of mental health and substance abuse services; and
            ``(4) demonstrates a need for the inclusion of mental 
        illness and substance abuse services in its service system.
    ``(c) Priority.--In awarding grants, contracts, and cooperative 
agreements under this section, the Secretary shall give priority to 
eligible entities that--
            ``(1) provide services in rural or frontier areas of the 
        Nation;
            ``(2) provide services to American Indian or Alaska Native 
        populations; or
            ``(3) provide services on university and college campuses.
    ``(d) Use of Funds.--The Secretary may award a grant to an eligible 
entity under this section only if the entity agrees to use the grant--
            ``(1) to provide screening, brief interventions, referral, 
        and recovery services for mental health and substance abuse;
            ``(2) to coordinate these services with primary health care 
        services in the same program;
            ``(3) to develop a network of facilities to which patients 
        can be referred if needed;
            ``(4) to purchase needed screening and other tools that 
        are--
                    ``(A) necessary for providing the services; and
                    ``(B) supported by research; and
            ``(5) to maintain communication with appropriate State 
        mental health and substance abuse agencies.
    ``(d) Duration.--The period of a grant, contract, or cooperative 
agreement awarded under this section may not exceed 5 years.
    ``(e) Evaluation.--The Secretary may not award a grant, contract, 
or cooperative agreement to an eligible entity under this section 
unless the entity agrees--
            ``(1) to prepare and submit to the Secretary at the end of 
        the grant, contract, or cooperative agreement period an 
        evaluation of all activities funded through the grant, 
        contract, or cooperative agreement; and
            ``(2) to use such performance measures as may be stipulated 
        by the Secretary for purposes of such evaluation.
    ``(f) Study.--Not later than 4 years after the first appropriation 
of funds to carry out this section, the Secretary--
            ``(1) shall conduct a study on the benefits of integrating 
        mental illness and substance abuse care within primary health 
        care, focusing on the performance measures stipulated by the 
        Secretary for purposes of evaluations under subsection (e); and
            ``(2) shall submit the results of such study to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there are 
        authorized to be appropriated $60,000,000 for fiscal year 2011 
        and such sums as may be necessary for fiscal years 2012 through 
        2015.
            ``(2) Program management.--Of the funds appropriated to 
        carry out this section for a fiscal year, the Secretary may use 
        not more than 5 percent to manage the program under this 
        section.

``SEC. 508. REPORT ON COORDINATION BETWEEN THE SUBSTANCE ABUSE AND 
              MENTAL HEALTH SERVICES ADMINISTRATION AND THE FEDERAL 
              EMERGENCY MANAGEMENT AGENCY.

    ``Not later than 1 year after the date of enactment of the SAMHSA 
Modernization Act of 2010, the Administrator, in coordination with the 
Administrator of the Federal Emergency Management Agency, shall submit 
to the appropriate committees of Congress a report that contains the 
following:
            ``(1) A description of the manner in which the Federal 
        Emergency Management Agency and the Administration have 
        coordinated to provide mental health and substance use disorder 
        outreach, counseling, and treatment following Presidentially 
        declared disasters.
            ``(2) An analysis of the manner in which the services 
        provided (as described in paragraph (1)) have been coordinated 
        with existing State and local mental health and substance use 
        disorder programs, including the manner in which such services 
        assisted the emergency response and post-disaster recovery and 
        how such services are delivered during the transition from an 
        emergency response situation to a post-disaster and recovery 
        situation.
            ``(3) An analysis of the methods by which the Federal 
        Emergency Management Agency and the Administration coordinated 
        with other appropriate Federal agencies to leverage use of 
        supplemental funds appropriated by Congress to meet the mental 
        health and substance use disorder needs of the affected 
        individuals following Presidentially declared disasters.
            ``(4) Recommendations of the actions that may be taken by 
        the Federal Emergency Management Agency and the Administration 
        to facilitate the improved provision of mental health and 
        substance use disorder outreach, counseling, and treatment 
        following Presidentially declared disasters, including an 
        analysis of ways in which the Crisis Counseling Program may be 
        used to meet community-identified mental health and substance 
        use disorder needs.

                     ``PART B--CENTERS AND PROGRAMS

           ``Subpart 1--Center for Substance Abuse Treatment

``SEC. 510. CENTER FOR SUBSTANCE ABUSE TREATMENT.

    ``(a) In General.--There is established in the Administration a 
Center for Substance Abuse Treatment (hereafter in this section 
referred to as the `Center'). The Center shall be headed by a Director 
(hereafter in this section referred to as the `Director') appointed by 
the Secretary from among individuals with extensive experience or 
academic qualifications in the treatment of substance use disorders or 
in the evaluation of substance use disorder treatment systems.
    ``(b) Duties.--The Director of the Center shall--
            ``(1) administer the substance use disorder treatment block 
        grant program authorized in section 1921;
            ``(2) ensure that emphasis is placed on children and 
        adolescents in the development of treatment programs;
            ``(3) collaborate with the Attorney General to develop 
        programs to provide substance use disorder treatment services 
        to individuals who have had contact with the Justice system, 
        especially adolescents;
            ``(4) collaborate with the Director of the Center for 
        Substance Abuse Prevention in order to provide outreach 
        services to identify individuals in need of treatment services, 
        with emphasis on the provision of such services to pregnant and 
        postpartum women and their infants and to individuals who use 
        drugs intravenously;
            ``(5) collaborate with the Director of the National 
        Institute on Drug Abuse, with the Director of the National 
        Institute on Alcohol Abuse and Alcoholism, and with the States 
        to promote the study, dissemination, and implementation of 
        research findings that will improve the delivery and 
        effectiveness of treatment services;
            ``(6) collaborate with the Administrator of the Health 
        Resources and Services Administration and the Administrator of 
        the Centers for Medicare & Medicaid Services to promote the 
        increased integration into the mainstream of the health care 
        system of the United States of programs for providing treatment 
        services;
            ``(7) evaluate plans submitted by the States pursuant to 
        section 1931(a)(6) in order to determine whether the plans 
        adequately provide for the availability, allocation, and 
        effectiveness of treatment services;
            ``(8) sponsor regional workshops on improving the quality 
        and availability of treatment services;
            ``(9) provide technical assistance to public and nonprofit 
        private entities that provide treatment services, including 
        technical assistance with respect to the process of submitting 
        to the Director applications for any program of grants or 
        contracts carried out by the Director;
            ``(10) carry out activities to educate individuals on the 
        need for establishing treatment facilities within their 
        communities;
            ``(11) encourage public and private entities that provide 
        health insurance to provide benefits for outpatient treatment 
        services and other nonhospital-based treatment services;
            ``(12) evaluate treatment programs to determine the quality 
        and appropriateness of various forms of treatment, which shall 
        be carried out through grants, contracts, or cooperative 
        agreements provided to public or nonprofit private entities;
            ``(13) in carrying out paragraph (12), assess the quality, 
        appropriateness, and costs of various treatment forms from 
        specific patient groups and ensure that the national outcome 
        measures developed under section 504(b) are used with respect 
        to all appropriate grants administered by the Center; and
            ``(14) work with States, providers, and individuals in 
        recovery and their families to promote the expansion of 
        recovery support services and recovery oriented systems of 
        care.
    ``(c) Grants and Contracts.--In carrying out the duties established 
in subsection (b), the Director may make grants to and enter into 
contracts and cooperative agreements with public and nonprofit private 
entities.

``SEC. 511. RESIDENTIAL TREATMENT PROGRAMS FOR PREGNANT AND PARENTING 
              WOMEN.

    ``(a) In General.--The Director of the Center for Substance Abuse 
Treatment shall provide awards of grants, cooperative agreement, or 
contracts to public and nonprofit private entities for the purpose of 
providing to pregnant and parenting women treatment for substance use 
disorders through programs in which, during the course of receiving 
treatment--
            ``(1) the women reside in or receive outpatient treatment 
        services from facilities provided by the programs;
            ``(2) the minor children of the women reside with the women 
        in such facilities, if the women so request; and
            ``(3) the services described in subsection (d) are 
        available to or on behalf of the women.
    ``(b) Availability of Services for Each Participant.--A funding 
agreement for an award under subsection (a) for an applicant is that, 
in the program operated pursuant to such subsection--
            ``(1) treatment services and each supplemental service will 
        be available through the applicant, either directly or through 
        agreements with other public or nonprofit private entities; and
            ``(2) services will be made available to each woman and 
        child admitted to the program.
    ``(c) Individualized Plan of Services.--A funding agreement for an 
award under subsection (a) for an applicant is that--
            ``(1) in providing authorized services for an eligible 
        woman pursuant to such subsection, the applicant will, in 
        consultation with the women, prepare an individualized plan for 
        the provision of services for the woman and her child; and
            ``(2) treatment services under the plan will include--
                    ``(A) individual, group, and family counseling, as 
                appropriate, regarding substance use disorders; and
                    ``(B) follow-up services to assist the woman in 
                preventing a relapse into such abuse.
    ``(d) Required Supplemental Services.--In the case of an eligible 
woman, the services referred to in subsection (a)(3) are as follows:
            ``(1) Prenatal and postpartum health care.
            ``(2) Referrals for necessary hospital services.
            ``(3) For the infants and children of the woman--
                    ``(A) pediatric health care, including treatment 
                for any perinatal effects of maternal substance use 
                disorders and including screenings regarding the 
                physical and mental development of the infants and 
                children;
                    ``(B) counseling and other mental health services, 
                in the case of children; and
                    ``(C) comprehensive social services.
            ``(4) Providing therapeutic, comprehensive child care for 
        children during the periods in which the woman is engaged in 
        therapy or in other necessary health and rehabilitative 
        activities.
            ``(5) Training in parenting.
            ``(6) Counseling on the human immunodeficiency virus and on 
        acquired immune deficiency syndrome.
            ``(7) Counseling on domestic violence and sexual abuse.
            ``(8) Counseling on obtaining employment, including the 
        importance of graduating from a secondary school.
            ``(9) Reasonable efforts to preserve and support the family 
        unit of the woman, including promoting the appropriate 
        involvement of parents and others, and counseling the children 
        of the woman.
            ``(10) Planning for and counseling to assist reentry into 
        society, both before and after discharge, including referrals 
        to any public or nonprofit private entities in the community 
        involved that provide services appropriate for the woman and 
        the children of the woman.
            ``(11) Case management services, including--
                    ``(A) assessing the extent to which authorized 
                services are appropriate for the woman and her 
                children;
                    ``(B) in the case of the services that are 
                appropriate, ensuring that the services are provided in 
                a coordinated manner;
                    ``(C) assistance in establishing eligibility for 
                assistance under Federal, State, and local programs 
                providing health services, mental health services, 
                housing services, employment services, educational 
                services, or social services; and
                    ``(D) family reunification with children in kinship 
                or foster care arrangements, where safe and 
                appropriate.
    ``(e) Minimum Qualifications for Receipt of Award.--
            ``(1) Certification by relevant state agency.--With respect 
        to the principal agency of the State involved that administers 
        programs relating to substance use disorders, the Director may 
        make an award under subsection (a) to an applicant only if the 
        agency has certified to the Director that--
                    ``(A) the applicant has the capacity to carry out a 
                program described in subsection (a);
                    ``(B) the plans of the applicant for such a program 
                are consistent with the policies of such agency 
                regarding the treatment of substance use disorders; and
                    ``(C) the applicant, or any entity through which 
                the applicant will provide authorized services, meets 
                all applicable State licensure or certification 
                requirements regarding the provision of the services 
                involved.
            ``(2) Status as medicaid provider.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), the Director may make an award under subsection 
                (a) only if, in the case of any authorized service that 
                is available pursuant to the State plan approved under 
                title XIX of the Social Security Act for the State 
                involved--
                            ``(i) the applicant for the award will 
                        provide the service directly, and the applicant 
                        has entered into a participation agreement 
                        under the State plan and is qualified to 
                        receive payments under such plan; or
                            ``(ii) the applicant will enter into an 
                        agreement with a public or nonprofit private 
                        entity under which the entity will provide the 
                        service, and the entity has entered into such a 
                        participation agreement plan and is qualified 
                        to receive such payments.
                    ``(B) Waiver of participation agreements.--
                            ``(i) In general.--In the case of an entity 
                        making an agreement pursuant to subparagraph 
                        (A)(ii) regarding the provision of services, 
                        the requirement established in such 
                        subparagraph regarding a participation 
                        agreement shall be waived by the Director if 
                        the entity does not, in providing health care 
                        services, impose a charge or accept 
                        reimbursement available from any third-party 
                        payor, including reimbursement under any 
                        insurance policy or under any Federal or State 
                        health benefits plan.
                            ``(ii) Donations.--A determination by the 
                        Director of whether an entity referred to in 
                        clause (i) meets the criteria for a waiver 
                        under such clause shall be made without regard 
                        to whether the entity accepts voluntary 
                        donations regarding the provision of services 
                        to the public.
                    ``(C) Nonapplication of certain requirements.--With 
                respect to any authorized service that is available 
                pursuant to the State plan described in subparagraph 
                (A), the requirements established in such subparagraph 
                shall not apply to the provision of any such service by 
                an institution for mental diseases to an individual who 
                has attained 21 years of age and who has not attained 
                65 years of age. For purposes of the preceding 
                sentence, the term `institution for mental diseases' 
                has the meaning given such term in section 1905(i) of 
                the Social Security Act.
    ``(f) Requirement of Matching Funds.--
            ``(1) In general.--With respect to the costs of the program 
        to be carried out by an applicant pursuant to subsection (a), a 
        funding agreement for an award under such subsection is that 
        the applicant will make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions toward such costs in an amount that--
                    ``(A) for the first fiscal year for which the 
                applicant receives payments under an award under such 
                subsection, is not less than $1 for each $9 of Federal 
                funds provided in the award;
                    ``(B) for any second such fiscal year, is not less 
                than $1 for each $9 of Federal funds provided in the 
                award; and
                    ``(C) for any subsequent such fiscal year, is not 
                less than $1 for each $3 of Federal funds provided in 
                the award.
            ``(2) Determination of amount contributed.--Non-Federal 
        contributions required in paragraph (1) may be in cash or in 
        kind, fairly evaluated, including plant, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    ``(g) Outreach.--A funding agreement for an award under subsection 
(a) for an applicant is that the applicant will provide outreach 
services in the community involved to identify women who are engaging 
in substance use disorders and to encourage the women to undergo 
treatment for such abuse.
    ``(h) Accessibility of Program; Cultural Context of Services.--A 
funding agreement for an award under subsection (a) for an applicant is 
that--
            ``(1) the program operated pursuant to such subsection will 
        be operated at a location that is accessible to low-income 
        pregnant and parenting women; and
            ``(2) authorized services will be provided in the language 
        and the cultural context that is most appropriate.
    ``(i) Continuing Education.--A funding agreement for an award under 
subsection (a) is that the applicant involved will provide for 
continuing education in treatment services for the individuals who will 
provide treatment in the program to be operated by the applicant 
pursuant to such subsection.
    ``(j) Imposition of Charges.--A funding agreement for an award 
under subsection (a) for an applicant is that, if a charge is imposed 
for the provision of authorized services to on behalf of an eligible 
woman, such charge--
            ``(1) will be made according to a schedule of charges that 
        is made available to the public;
            ``(2) will be adjusted to reflect the income of the woman 
        involved; and
            ``(3) will not be imposed on any such woman with an income 
        of less than 185 percent of the official poverty line, as 
        established by the Director of the Office of Management and 
        Budget and revised by the Secretary in accordance with section 
        673(2) of the Omnibus Budget Reconciliation Act of 1981.
    ``(k) Reports to Director.--A funding agreement for an award under 
subsection (a) is that the applicant involved will submit to the 
Director a report--
            ``(1) describing the utilization and costs of services 
        provided under the award;
            ``(2) specifying the number of women served, the number of 
        infants served, and the type and costs of services provided; 
        and
            ``(3) providing such other information as the Director 
        determines to be appropriate.
    ``(l) Requirement of Application.--The Director may make an award 
under subsection (a) only if an application for the award is submitted 
to the Director containing such agreements, and the application is in 
such form, is made in such manner, and contains such other agreements 
and such assurances and information as the Director determines to be 
necessary to carry out this section.
    ``(m) Allocation of Awards.--In making awards under subsection (a), 
the Director shall give priority to any entity that agrees to use the 
award for a program serving an area that is a rural area, an area 
designated under section 332 by the Administrator of the Health 
Resources and Services Administration as a health professional shortage 
area with a shortage of professionals, or an area determined by the 
Director to have a shortage of family-based substance use disorder 
treatment options.
    ``(n) Duration of Award.--The period during which payments are made 
to an entity from an award under subsection (a) may not exceed 5 years. 
The provision of such payments shall be subject to annual approval by 
the Director of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments. This 
subsection may not be construed to establish a limitation on the number 
of awards under such subsection that may be made to an entity.
    ``(o) Evaluations; Dissemination of Findings.--The Director shall, 
directly or through contract, provide for the conduct of evaluations of 
programs carried out pursuant to subsection (a). The Director shall 
disseminate to the States the findings made as a result of the 
evaluations.
    ``(p) Definitions.--For purposes of this section:
            ``(1) The term `authorized services' means treatment 
        services and supplemental services.
            ``(2) The term `eligible woman' means a woman who has been 
        admitted to a program operated pursuant to subsection (a).
            ``(3) The term `funding agreement', with respect to an 
        award under subsection (a), means that the Director may make 
        the award only if the applicant makes the agreement involved.
            ``(4) The term `treatment services' means treatment for 
        substance use disorders, including the counseling and services 
        described in subsection (c)(2).
            ``(5) The term `supplemental services' means the services 
        described in subsection (d).
    ``(q) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $50,000,000 
for each of fiscal years 2011 through 2015.

``SEC. 512. PRIORITY SUBSTANCE USE DISORDER TREATMENT NEEDS OF REGIONAL 
              AND NATIONAL SIGNIFICANCE.

    ``(a) Projects.--The Secretary shall address priority substance use 
disorder treatment needs of regional and national significance (as 
determined under subsection (b)) through the provision of or through 
assistance for--
            ``(1) knowledge development and application projects for 
        treatment and rehabilitation and the conduct or support of 
        evaluations of such projects;
            ``(2) training and technical assistance; and
            ``(3) targeted capacity response programs that permit 
        States, local jurisdictions, communities, and American Indian 
        and Alaska Native tribes to focus on emerging trends in 
        substance use and co-occurrence of substance use disorders with 
        mental illness or other disorders.
The Secretary may carry out the activities described in this section 
directly or through grants, contracts, or cooperative agreements with 
States, political subdivisions of States, territories, American Indian 
and Alaska Native tribes, tribal organizations, or a health facility or 
program operated by or pursuant to a contract or grant with the Indian 
Health Service, and other public or nonprofit private entities.
    ``(b) Priority Substance Use Disorder Treatment Needs.--
            ``(1) In general.--Priority substance use disorder 
        treatment needs of regional and national significance shall be 
        determined by the Secretary after consultation with States and 
        other interested groups. The Secretary shall meet with the 
        States and interested groups on an annual basis to discuss 
        program priorities.
            ``(2) Special consideration.--In developing program 
        priorities under paragraph (1), the Secretary shall give 
        special consideration to promoting the integration of substance 
        use disorder treatment services into primary health care 
        systems and to provide treatment for older adults with 
        substance use disorders.
    ``(c) Requirements.--
            ``(1) In general.--Recipients of grants, contracts, or 
        cooperative agreements under this section shall comply with 
        information and application requirements determined appropriate 
        by the Secretary.
            ``(2) Duration of award.--With respect to a grant, 
        contract, or cooperative agreement awarded under this section, 
        the period during which payments under such award are made to 
        the recipient may not exceed 5 years.
            ``(3) Matching funds.--The Secretary may, for projects 
        carried out under subsection (a), require that entities that 
        apply for grants, contracts, or cooperative agreements under 
        that project provide non-Federal matching funds, as determined 
        appropriate by the Secretary, to ensure the institutional 
        commitment of the entity to the projects funded under the 
        grant, contract, or cooperative agreement. Such non-Federal 
        matching funds may be provided directly or through donations 
        from public or private entities and may be in cash or in kind, 
        fairly evaluated, including plant, equipment, or services.
            ``(4) Maintenance of effort.--With respect to activities 
        for which a grant, contract, or cooperative agreement is 
        awarded under this section, the Secretary may require that 
        recipients for specific projects under subsection (a) agree to 
        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 entity for the fiscal year 
        preceding the fiscal year for which the entity receives such a 
        grant, contract, or cooperative agreement.
    ``(d) Evaluation.--The Secretary shall evaluate each project 
carried out under subsection (a)(1) and shall disseminate the findings 
with respect to each such evaluation to appropriate public and private 
entities.
    ``(e) Information and Education.--The Secretary shall establish 
comprehensive information and education programs to disseminate and 
apply the findings of the knowledge development and application, 
training and technical assistance programs, and targeted capacity 
response programs under this section to the general public, to health 
professionals and other interested groups. The Secretary shall make 
every effort to provide linkages between the findings of supported 
projects and State agencies responsible for carrying out substance use 
disorder prevention and treatment programs.
    ``(f) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section, $500,000,000 for fiscal year 
2011, and such sums as may be necessary for each of the fiscal years 
2012 through 2015.

``SEC. 513. SERVICES TO ASSIST LOCAL COMMUNITIES IN ADDRESSING EMERGING 
              DRUGS.

    ``(a) Grants.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to assist local communities in addressing 
        emerging drug issues.
            ``(2) Definition.--In this section, the term `emerging drug 
        issue' means, with respect to an area--
                    ``(A) a drug treatment problem that has occurred 
                because of--
                            ``(i) a sudden increase in the demand for 
                        drug treatment in the area; or
                            ``(ii) the necessity of drug treatment 
                        protocols that the area is not equipped to 
                        provide; and
                    ``(B) the lack of resources within the area to 
                address the problem.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section, an entity shall--
            ``(1) be a public or nonprofit private entity, including 
        American Indian and Alaska Native tribes, tribal organizations, 
        or a health facility or program operated by or pursuant to a 
        contract or grant with the Indian Health Service;
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require, including--
                    ``(A) information that demonstrates an emerging 
                drug issue in the area to be served under the grant and 
                the lack of available resources to address such issue;
                    ``(B) a description of the area to be served under 
                the grant and the target population, if relevant, and 
                the need of such population for services;
                    ``(C) data on the prevalence of the emerging drug 
                involved using whatever data may be available from the 
                appropriate State or local agencies, including 
                admissions data, waiting lists, data from law 
                enforcement, and other data to establish that there is 
                an emerging drug problem;
                    ``(D) a summary of the need involved that is based 
                not only on prevalence but the fact that the emerging 
                drug requires skills that the area does not have;
                    ``(E) a statement on the attempts by the local 
                areas to find funding from other sources including the 
                State;
                    ``(F) information to demonstrate that the 
                identified need is consistent with the State priorities 
                (as evidenced by a letter from the governor of the 
                State);
                    ``(G) a list of goals and objectives with respect 
                to activities under the grant;
                    ``(H) an assurance that the entity will use 
                evidence-based practices, when available, in providing 
                services under the grant; and
                    ``(I) an assurance that treatment activities will 
                be coordinated with prevention efforts.
    ``(c) Use of Funds.--An entity shall use amounts received under a 
grant to--
            ``(1) carry out outreach and other strategies to increase 
        participation in, and access to, drug treatment services;
            ``(2) provide outpatient or residential drug treatment 
        services, including screening, assessment, and care management 
        services;
            ``(3) provide for the involvement of friends and families 
        in drug treatment; and
            ``(4) provide recovery support services that help prevent 
        relapse and promote sustained recovery, including assistance 
        with employment, housing, and establishing community 
        connections.
    ``(d) Coordination of Services.--An entity that receives a grant 
under this section shall ensure that--
            ``(1) services provided under the grant are coordinated 
        with other community, social, and health agency service 
        provider programs, including programs conducted by mental 
        health departments, social services departments, health 
        departments, education agencies, juvenile and adult justice 
        systems, and child welfare agencies; and
            ``(2) drug treatment service systems are partnered with 
        prevention systems.
    ``(e) Priority.--In awarding grants under this section, the 
Secretary shall give priority to entities that use a portion of grant 
funds to serve rural areas.
    ``(f) Data Collection.--A grantee shall collect data on the 
national outcome measures established under section 504(b) and any 
other data needed to demonstrate the success of the grantee in 
achieving the goals and objectives described in its application under 
subsection (b)(2)(F).
    ``(g) Evaluation.--A grantee shall conduct and evaluation of the 
activities carried out under the grant and provide the results of such 
evaluation to the Secretary.
    ``(h) Grant Period.--The period of a grant under this section shall 
be 3 years.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2011 through 2015.

``SEC. 514. ACTION BY THE CENTER FOR SUBSTANCE ABUSE TREATMENT AND 
              STATES CONCERNING MILITARY FACILITIES.

    ``(a) Center for Substance Abuse Treatment.--The Director of the 
Center for Substance Abuse Treatment shall--
            ``(1) coordinate with the agencies represented on the 
        Commission on Alternative Utilization of Military Facilities 
        the utilization of military facilities or parts thereof, as 
        identified by such Commission, established under the National 
        Defense Authorization Act of 1989, that could be utilized or 
        renovated to house nonviolent persons for drug treatment 
        purposes;
            ``(2) notify State agencies responsible for the oversight 
        of drug abuse treatment entities and programs of the 
        availability of space at the installations identified in 
        paragraph (1); and
            ``(3) assist State agencies responsible for the oversight 
        of drug abuse treatment entities and programs in developing 
        methods for adapting the installations described in paragraph 
        (1) into residential treatment centers.
    ``(b) States.--With regard to military facilities or parts thereof, 
as identified by the Commission on Alternative Utilization of Military 
Facilities established under section 3042 of the Comprehensive Alcohol 
Abuse, Drug Abuse, and Mental Health Amendments Act of 1988, that could 
be utilized or renovated to house nonviolent persons for drug treatment 
purposes, State agencies responsible for the oversight of drug abuse 
treatment entities and programs shall--
            ``(1) establish eligibility criteria for the treatment of 
        individuals at such facilities;
            ``(2) select treatment providers to provide drug abuse 
        treatment at such facilities;
            ``(3) provide assistance to treatment providers selected 
        under paragraph (2) to assist such providers in securing 
        financing to fund the cost of the programs at such facilities; 
        and
            ``(4) establish, regulate, and coordinate with the military 
        official in charge of the facility, work programs for 
        individuals receiving treatment at such facilities.
    ``(c) Reservation of Space.--Prior to notifying States of the 
availability of space at military facilities under subsection (a)(2), 
the Director may reserve space at such facilities to conduct research 
or demonstration projects.

``SEC. 515. SUBSTANCE USE DISORDER TREATMENT AND EARLY INTERVENTION 
              SERVICES FOR CHILDREN AND ADOLESCENTS.

    ``(a) In General.--The Secretary shall award grants, contracts, or 
cooperative agreements to public and private nonprofit entities, 
including American Indian and Alaska Native tribes, tribal 
organizations, or a health facility or program operated by or pursuant 
to a contract or grant with the Indian Health Service, for the purpose 
of--
            ``(1) providing early identification and services to meet 
        the needs of children and adolescents who are at risk of 
        substance use disorders; and
            ``(2) providing substance use disorder treatment services 
        for children, including children and adolescents with co-
        occurring mental illness and substance use disorders.
    ``(b) Priority.--In awarding grants, contracts, or cooperative 
agreements under subsection (a), the Secretary shall give priority to 
applicants who propose to--
            ``(1) apply evidence-based and cost effective methods;
            ``(2) coordinate the provision of services with other 
        social service agencies in the community, including 
        educational, juvenile justice, child welfare, substance abuse, 
        and mental health agencies;
            ``(3) provide a continuum of integrated treatment services, 
        including case management, for children and adolescents with 
        substance use disorders, including children and adolescents 
        with co-occurring mental illness and substance use disorders 
        and their families;
            ``(4) provide services that are gender-specific and 
        culturally appropriate;
            ``(5) involve and work with families of children and 
        adolescents receiving services; and
            ``(6) provide aftercare services for children and 
        adolescents and their families after completion of treatment.
    ``(c) Duration of Grants.--The Secretary shall award grants, 
contracts, or cooperative agreements under subsection (a) for 5 fiscal 
years.
    ``(d) Application.--An entity desiring a grant, contract, or 
cooperative agreement under subsection (a) shall submit an application 
to the Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require.
    ``(e) Evaluation.--An entity that receives a grant, contract, or 
cooperative agreement under subsection (a) shall submit, in the 
application for such grant, contract, or cooperative agreement, a plan 
for the evaluation of any project undertaken with funds provided under 
this section. Such entity shall provide the Secretary with periodic 
evaluations of the progress of such project and such evaluation at the 
completion of such project as the Secretary determines to be 
appropriate.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $60,000,000 for fiscal year 
2011, and such sums as may be necessary for fiscal years 2012 through 
2015.

           ``Subpart 2--Center for Substance Abuse Prevention

``SEC. 520. CENTER FOR SUBSTANCE ABUSE PREVENTION.

    ``(a) In General.--There is established in the Administration a 
Center for Substance Abuse Prevention (hereafter referred to in this 
part as the `Prevention Center'). The Center shall be headed by a 
Director appointed by the Secretary from individuals with extensive 
experience or academic qualifications in the prevention of drug or 
alcohol abuse.
    ``(b) Duties.--The Director of the Prevention Center shall--
            ``(1) sponsor regional workshops on the prevention of drug 
        and alcohol abuse through the reduction of risk and the 
        promotion of resiliency;
            ``(2) coordinate the findings of research sponsored by 
        agencies of the Service on the prevention of drug and alcohol 
        abuse;
            ``(3) develop effective drug and alcohol abuse prevention 
        literature (including literature on the adverse effects of 
        emerging drugs);
            ``(4) in cooperation with the Secretary of Education, 
        assure the widespread dissemination of prevention materials 
        among States, political subdivisions, and school systems;
            ``(5) support clinical training programs for substance use 
        disorder prevention practitioners and other health 
        professionals involved in drug abuse education, prevention;
            ``(6) in cooperation with the Director of the Centers for 
        Disease Control and Prevention, develop educational materials 
        designed to increase awareness of those at greatest risk for 
        substance use disorders thereby preventing new infections and 
        reducing the probability of the transmission of HIV, Hepatitis 
        C, sexually transmitted diseases, tuberculosis, and other 
        communicable diseases;
            ``(7) conduct training, technical assistance, data 
        collection, and evaluation activities of programs supported 
        under the Drug Free Schools and Communities Act of 1986;
            ``(8) support the development of model, innovative, 
        community-based programs that reduce the risk of substance use 
        and promote resiliency among young people;
            ``(9) collaborate with the Attorney General of the 
        Department of Justice to develop programs to prevent drug abuse 
        among high risk youth;
            ``(10) prepare for distribution documentary films and 
        public service announcements for television and radio to 
        educate the public, especially adolescent audiences, concerning 
        the dangers to health resulting from the consumption of alcohol 
        and drugs and, to the extent feasible, use appropriate private 
        organizations and business concerns in the preparation of such 
        announcements; and
            ``(11) develop and support innovative demonstration 
        programs designed to identify and deter the improper use or 
        abuse of anabolic steroids by students, especially students in 
        secondary schools.
    ``(c) Grants, Contracts, Cooperative Agreements.--The Director may 
make grants and enter into contracts and cooperative agreements in 
carrying out subsection (b).

``SEC. 521. PRIORITY SUBSTANCE USE DISORDER PREVENTION NEEDS OF 
              REGIONAL AND NATIONAL SIGNIFICANCE.

    ``(a) Projects.--The Secretary shall address priority substance use 
disorder prevention needs of regional and national significance (as 
determined under subsection (b)) through the provision of or through 
assistance for--
            ``(1) knowledge development and application projects for 
        prevention and the conduct or support of evaluations of such 
        projects;
            ``(2) training and technical assistance; and
            ``(3) targeted capacity response programs, including a 
        focus on emerging drugs.
The Secretary may carry out the activities described in this section 
directly or through grants, contracts, or cooperative agreements with 
States, territories, political subdivisions of States, American Indian 
and Alaska Native tribes, tribal organizations and a health facility or 
program operated by or pursuant to a contract or grant with the Indian 
Health Service, or other public or nonprofit private entities.
    ``(b) Priority Substance Use Disorder Prevention Needs.--
            ``(1) In general.--Priority substance use disorder 
        prevention needs of regional and national significance shall be 
        determined by the Secretary in consultation with the States and 
        other interested groups. The Secretary shall meet with the 
        States and interested groups on an annual basis to discuss 
        program priorities.
            ``(2) Special priority and consideration.--
                    ``(A) Priority.--In developing priority needs under 
                paragraph (1), the Secretary shall ensure that specific 
                priority is given to high risk youth, including youth 
                who--
                            ``(i) are failing in, or who have dropped 
                        out of, school;
                            ``(ii) associate with peers who engage in 
                        substance use;
                            ``(iii) live in communities where drugs and 
                        alcohol are readily available;
                            ``(iv) are raised in a family with a 
                        history of problem behaviors including drug and 
                        alcohol abuse;
                            ``(v) are identified as children of a 
                        substance abuser;
                            ``(vi) are victims of physical, sexual, or 
                        psychological abuse;
                            ``(vii) have committed a violent or 
                        delinquent act;
                            ``(viii) have experienced mental health 
                        problems;
                            ``(ix) have attempted suicide; or
                            ``(x) have experienced long-term physical 
                        pain due to injury.
                    ``(B) Considerations.--In developing program 
                priorities under paragraph (1), the Secretary shall 
                give special consideration to--
                            ``(i) applying the most promising 
                        strategies and research-based primary 
                        prevention approaches;
                            ``(ii) promoting the integration of 
                        substance use disorder prevention information 
                        and activities into primary health care 
                        systems; and
                            ``(iii) supporting education projects that 
                        focus on, or include, specific information 
                        about the oral health risks and conditions 
                        associated with drug use.
    ``(c) Requirements.--
            ``(1) In general.--Recipients of grants, contracts, and 
        cooperative agreements under this section shall comply with 
        information and application requirements determined appropriate 
        by the Secretary.
            ``(2) Duration of award.--With respect to a grant, 
        contract, or cooperative agreement awarded under this section, 
        the period during which payments under such award are made to 
        the recipient may not exceed 5 years.
            ``(3) Matching funds.--The Secretary may, for projects 
        carried out under subsection (a), require that entities that 
        apply for grants, contracts, or cooperative agreements under 
        that project provide non-Federal matching funds, as determined 
        appropriate by the Secretary, to ensure the institutional 
        commitment of the entity to the projects funded under the 
        grant, contract, or cooperative agreement. Such non-Federal 
        matching funds may be provided directly or through donations 
        from public or private entities and may be in cash or in kind, 
        fairly evaluated, including plant, equipment, or services.
            ``(4) Maintenance of effort.--With respect to activities 
        for which a grant, contract, or cooperative agreement is 
        awarded under this section, the Secretary may require that 
        recipients for specific projects under subsection (a) agree to 
        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 entity for the fiscal year 
        preceding the fiscal year for which the entity receives such a 
        grant, contract, or cooperative agreement.
    ``(d) Evaluation.--The Secretary shall evaluate each project 
carried out under subsection (a)(1) and shall disseminate the findings 
with respect to each such evaluation to appropriate public and private 
entities.
    ``(e) Information and Education.--The Secretary shall establish 
comprehensive information and education programs to disseminate the 
findings of the knowledge development and application, training and 
technical assistance programs, and targeted capacity response programs 
under this section to the general public and to health professionals. 
The Secretary shall make every effort to provide linkages between the 
findings of supported projects and State agencies responsible for 
carrying out substance use disorder prevention and treatment programs.
    ``(f) Authorization of Appropriation.--There are authorized to be 
appropriated to carry out this section, $300,000,000 for fiscal year 
2011, and such sums as may be necessary for each of the fiscal years 
2012 through 2015.

``SEC. 522. PROGRAMS TO REDUCE UNDERAGE DRINKING.

    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `alcohol beverage industry' means the 
        brewers, vintners, distillers, importers, distributors, and 
        retail or online outlets that sell or serve beer, wine, and 
        distilled spirits.
            ``(2) The term `school-based prevention' means programs, 
        which are institutionalized, and run by staff members or 
        school-designated persons or organizations in any grade of 
        school, kindergarten through 12th grade.
            ``(3) The term `youth' means persons under the age of 21.
            ``(4) The term `IOM report' means the report released in 
        September 2003 by the National Research Council, Institute of 
        Medicine, and entitled `Reducing Underage Drinking: A 
        Collective Responsibility'.
    ``(b) Sense of Congress.--It is the sense of the Congress that:
            ``(1) A multi-faceted effort is needed to more successfully 
        address the problem of underage drinking in the United States. 
        A coordinated approach to prevention, intervention, treatment, 
        enforcement, and research is key to making progress. This Act 
        recognizes the need for a focused national effort, and 
        addresses particulars of the Federal portion of that effort, as 
        well as Federal support for State activities.
            ``(2) The Secretary of Health and Human Services shall 
        continue to conduct research and collect data on the short and 
        long-range impact of alcohol use and abuse upon adolescent 
        brain development and other organ systems.
            ``(3) States and communities, including colleges and 
        universities, are encouraged to adopt comprehensive prevention 
        approaches, including--
                    ``(A) evidence-based screening, programs and 
                curricula;
                    ``(B) brief intervention strategies;
                    ``(C) consistent policy enforcement; and
                    ``(D) environmental changes that limit underage 
                access to alcohol.
            ``(4) Public health groups, consumer groups, and the 
        alcohol beverage industry should continue and expand evidence-
        based efforts to prevent and reduce underage drinking.
            ``(5) The entertainment industries have a powerful impact 
        on youth, and they should use rating systems and marketing 
        codes to reduce the likelihood that underage audiences will be 
        exposed to movies, recordings, or television programs with 
        unsuitable alcohol content.
            ``(6) The National Collegiate Athletic Association, its 
        member colleges and universities, and athletic conferences 
        should affirm a commitment to a policy of discouraging alcohol 
        use among underage students and other young fans.
            ``(7) Alcohol is a unique product and should be regulated 
        differently than other products by the States and Federal 
        Government. States have primary authority to regulate alcohol 
        distribution and sale, and the Federal Government should 
        support and supplement these State efforts. States also have a 
        responsibility to fight youth access to alcohol and reduce 
        underage drinking. Continued State regulation and licensing of 
        the manufacture, importation, sale, distribution, 
        transportation and storage of alcoholic beverages are clearly 
        in the public interest and are critical to promoting 
        responsible consumption, preventing illegal access to alcohol 
        by persons under 21 years of age from commercial and non-
        commercial sources, maintaining industry integrity and an 
        orderly marketplace, and furthering effective State tax 
        collection.
    ``(c) Interagency Coordinating Committee; Annual Report on State 
Underage Drinking Prevention and Enforcement Activities.--
            ``(1) Interagency coordinating committee on the prevention 
        of underage drinking.--
                    ``(A) In general.--The Secretary, in collaboration 
                with the Federal officials specified in subparagraph 
                (B), shall formally establish and enhance the efforts 
                of the interagency coordinating committee, that began 
                operating in 2004, focusing on underage drinking 
                (referred to in this subsection as the `Committee').
                    ``(B) Other agencies.--The officials referred to in 
                paragraph (1) are the Secretary of Education, the 
                Attorney General, the Secretary of Transportation, the 
                Secretary of the Treasury, the Secretary of Defense, 
                the Surgeon General, the Director of the Centers for 
                Disease Control and Prevention, the Director of the 
                National Institute on Alcohol Abuse and Alcoholism, the 
                Administrator of the Substance Abuse and Mental Health 
                Services Administration, the Director of the National 
                Institute on Drug Abuse, the Assistant Secretary for 
                Children and Families, the Director of the Office of 
                National Drug Control Policy, the Administrator of the 
                National Highway Traffic Safety Administration, the 
                Administrator of the Office of Juvenile Justice and 
                Delinquency Prevention, the Chairman of the Federal 
                Trade Commission, and such other Federal officials as 
                the Secretary of Health and Human Services determines 
                to be appropriate.
                    ``(C) Chair.--The Secretary of Health and Human 
                Services shall serve as the chair of the Committee.
                    ``(D) Duties.--The Committee shall guide policy and 
                program development across the Federal Government with 
                respect to underage drinking, provided, however, that 
                nothing in this section shall be construed as 
                transferring regulatory or program authority from an 
                Agency to the Coordinating Committee.
                    ``(E) Consultations.--The Committee shall actively 
                seek the input of and shall consult with all 
                appropriate and interested parties, including States, 
                public health research and interest groups, 
                foundations, and alcohol beverage industry trade 
                associations and companies.
                    ``(F) Annual report.--
                            ``(i) In general.--The Secretary, on behalf 
                        of the Committee, shall annually submit to the 
                        Congress a report that summarizes--
                                    ``(I) all programs and policies of 
                                Federal agencies designed to prevent 
                                and reduce underage drinking;
                                    ``(II) the extent of progress in 
                                preventing and reducing underage 
                                drinking nationally;
                                    ``(III) data that the Secretary 
                                shall collect with respect to the 
                                information specified in clause (ii); 
                                and
                                    ``(IV) such other information 
                                regarding underage drinking as the 
                                Secretary determines to be appropriate.
                            ``(ii) Certain information.--The report 
                        under clause (i) shall include information on 
                        the following:
                                    ``(I) Patterns and consequences of 
                                underage drinking as reported in 
                                research and surveys such as, but not 
                                limited to Monitoring the Future, Youth 
                                Risk Behavior Surveillance System, the 
                                National Survey on Drug Use and Health, 
                                and the Fatality Analysis Reporting 
                                System.
                                    ``(II) Measures of the availability 
                                of alcohol from commercial and non-
                                commercial sources to underage 
                                populations.
                                    ``(III) Measures of the exposure of 
                                underage populations to messages 
                                regarding alcohol in advertising and 
                                the entertainment media as reported by 
                                the Federal Trade Commission.
                                    ``(IV) Surveillance data, including 
                                information on the onset and prevalence 
                                of underage drinking, consumption 
                                patterns and the means of underage 
                                access. The Secretary shall develop a 
                                plan to improve the collection, 
                                measurement and consistency of 
                                reporting Federal underage alcohol 
                                data.
                                    ``(V) Any additional findings 
                                resulting from research conducted or 
                                supported under subsection (f).
                                    ``(VI) Evidence-based best 
                                practices to prevent and reduce 
                                underage drinking and provide treatment 
                                services to those youth who need them.
            ``(2) Annual report on state underage drinking prevention 
        and enforcement activities.--
                    ``(A) In general.--The Secretary shall, with input 
                and collaboration from other appropriate Federal 
                agencies, States, Indian tribes, territories, and 
                public health, consumer, and alcohol beverage industry 
                groups, annually issue a report on each State's 
                performance in enacting, enforcing, and creating laws, 
                regulations, and programs to prevent or reduce underage 
                drinking.
                    ``(B) State performance measures.--
                            ``(i) In general.--The Secretary shall 
                        develop, in consultation with the Committee, a 
                        set of measures to be used in preparing the 
                        report on best practices.
                            ``(ii) Categories.--In developing these 
                        measures, the Secretary shall consider 
                        categories including, but not limited to:
                                    ``(I) Whether or not the State has 
                                comprehensive anti-underage drinking 
                                laws such as for the illegal sale, 
                                purchase, attempt to purchase, 
                                consumption, or possession of alcohol; 
                                illegal use of fraudulent ID; illegal 
                                furnishing or obtaining of alcohol for 
                                an individual under 21 years; the 
                                degree of strictness of the penalties 
                                for such offenses; and the prevalence 
                                of the enforcement of each of these 
                                infractions.
                                    ``(II) Whether or not the State has 
                                comprehensive liability statutes 
                                pertaining to underage access to 
                                alcohol such as dram shop, social host, 
                                and house party laws, and the 
                                prevalence of enforcement of each of 
                                these laws.
                                    ``(III) Whether or not the State 
                                encourages and conducts comprehensive 
                                enforcement efforts to prevent underage 
                                access to alcohol at retail outlets, 
                                such as random compliance checks and 
                                shoulder tap programs, and the number 
                                of compliance checks within alcohol 
                                retail outlets measured against the 
                                number of total alcohol retail outlets 
                                in each State, and the result of such 
                                checks.
                                    ``(IV) Whether or not the State 
                                encourages training on the proper 
                                selling and serving of alcohol for all 
                                sellers and servers of alcohol as a 
                                condition of employment.
                                    ``(V) Whether or not the State has 
                                policies and regulations with regard to 
                                direct sales to consumers and home 
                                delivery of alcoholic beverages.
                                    ``(VI) Whether or not the State has 
                                programs or laws to deter adults from 
                                purchasing alcohol for minors; and the 
                                number of adults targeted by these 
                                programs.
                                    ``(VII) Whether or not the State 
                                has programs targeted to youths, 
                                parents, and caregivers to deter 
                                underage drinking; and the number of 
                                individuals served by these programs.
                                    ``(VIII) Whether or not the State 
                                has enacted graduated drivers licenses 
                                and the extent of those provisions.
                                    ``(IX) The amount that the State 
                                invests, per youth capita, on the 
                                prevention of underage drinking, 
                                further broken down by the amount spent 
                                on--
                                            ``(aa) compliance check 
                                        programs in retail outlets, 
                                        including providing technology 
                                        to prevent and detect the use 
                                        of false identification by 
                                        minors to make alcohol 
                                        purchases;
                                            ``(bb) checkpoints and 
                                        saturation patrols that include 
                                        the goal of reducing and 
                                        deterring underage drinking;
                                            ``(cc) community-based, 
                                        school-based, and higher-
                                        education-based programs to 
                                        prevent underage drinking;
                                            ``(dd) underage drinking 
                                        prevention programs that target 
                                        youth within the juvenile 
                                        justice and child welfare 
                                        systems; and
                                            ``(ee) other State efforts 
                                        or programs as deemed 
                                        appropriate.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $1,000,000 for fiscal year 2011, and $1,000,000 for each of the 
        fiscal years 2012 through 2015.
    ``(d) National Media Campaign To Prevent Underage Drinking.--
            ``(1) Scope of the campaign.--The Secretary shall continue 
        to fund and oversee the production, broadcasting, and 
        evaluation of the national adult-oriented media public service 
        campaign if the Secretary determines that such campaign is 
        effective in achieving the media campaign's measurable 
        objectives.
            ``(2) Report.--The Secretary shall provide a report to the 
        Congress annually detailing the production, broadcasting, and 
        evaluation of the campaign referred to in paragraph (1), and to 
        detail in the report the effectiveness of the campaign in 
        reducing underage drinking, the need for and likely 
        effectiveness of an expanded adult-oriented media campaign, and 
        the feasibility and the likely effectiveness of a national 
        youth-focused media campaign to combat underage drinking.
            ``(3) Consultation requirement.--In carrying out the media 
        campaign, the Secretary shall direct the entity carrying out 
        the national adult-oriented media public service campaign to 
        consult with interested parties including both the alcohol 
        beverage industry and public health and consumer groups. The 
        progress of this consultative process is to be covered in the 
        report under paragraph (2).
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection, 
        $1,000,000 for fiscal year 2011 and $1,000,000 for each of the 
        fiscal years 2012 through 2015.
    ``(e) Interventions.--
            ``(1) Community-based coalition enhancement grants to 
        prevent underage drinking.--
                    ``(A) Authorization of program.--The Administrator 
                of the Substance Abuse and Mental Health Services 
                Administration, in consultation with the Director of 
                the Office of National Drug Control Policy, shall 
                award, if the Administrator determines that the 
                Department of Health and Human Services is not 
                currently conducting activities that duplicate 
                activities of the type described in this subsection, 
                `enhancement grants' to eligible entities to design, 
                test, evaluate and disseminate effective strategies to 
                maximize the effectiveness of community-wide approaches 
                to preventing and reducing underage drinking. This 
                subsection is subject to the availability of 
                appropriations.
                    ``(B) Purposes.--The purposes of this paragraph are 
                to--
                            ``(i) prevent and reduce alcohol use among 
                        youth in communities throughout the United 
                        States;
                            ``(ii) strengthen collaboration among 
                        communities, the Federal Government, and State, 
                        local, and tribal governments;
                            ``(iii) enhance intergovernmental 
                        cooperation and coordination on the issue of 
                        alcohol use among youth;
                            ``(iv) serve as a catalyst for increased 
                        citizen participation and greater collaboration 
                        among all sectors and organizations of a 
                        community that first demonstrates a long-term 
                        commitment to reducing alcohol use among youth;
                            ``(v) disseminate to communities timely 
                        information regarding state-of-the-art 
                        practices and initiatives that have proven to 
                        be effective in preventing and reducing alcohol 
                        use among youth; and
                            ``(vi) enhance, not supplant, effective 
                        local community initiatives for preventing and 
                        reducing alcohol use among youth.
                    ``(C) Application.--An eligible entity desiring an 
                enhancement grant under this paragraph shall submit an 
                application to the Administrator at such time, and in 
                such manner, and accompanied by such information as the 
                Administrator may require. Each application shall 
                include--
                            ``(i) a complete description of the 
                        entity's current underage alcohol use 
                        prevention initiatives and how the grant will 
                        appropriately enhance the focus on underage 
                        drinking issues; or
                            ``(ii) a complete description of the 
                        entity's current initiatives, and how it will 
                        use this grant to enhance those initiatives by 
                        adding a focus on underage drinking prevention.
                    ``(D) Uses of funds.--Each eligible entity that 
                receives a grant under this paragraph shall use the 
                grant funds to carry out the activities described in 
                such entity's application submitted pursuant to 
                subparagraph (C). Grants under this paragraph shall not 
                exceed $50,000 per year and may not exceed four years.
                    ``(E) Supplement not supplant.--Grant funds 
                provided under this paragraph shall be used to 
                supplement, not supplant, Federal and non-Federal funds 
                available for carrying out the activities described in 
                this paragraph.
                    ``(F) Evaluation.--Grants under this paragraph 
                shall be subject to the same evaluation requirements 
                and procedures as the evaluation requirements and 
                procedures imposed on recipients of drug free community 
                grants.
                    ``(G) Definitions.--For purposes of this paragraph, 
                the term `eligible entity' means an organization that 
                is currently receiving or has received grant funds 
                under the Drug-Free Communities Act of 1997 (21 U.S.C. 
                1521 et seq.).
                    ``(H) Administrative expenses.--Not more than 6 
                percent of a grant under this paragraph may be expended 
                for administrative expenses.
                    ``(I) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $5,000,000 for fiscal year 2011, and 
                $5,000,000 for each of the fiscal years 2012 through 
                2015.
            ``(2) Grants directed at preventing and reducing alcohol 
        abuse at institutions of higher education.--
                    ``(A) Authorization of program.--The Secretary 
                shall award grants to eligible entities to enable the 
                entities to prevent and reduce the rate of underage 
                alcohol consumption including binge drinking among 
                students at institutions of higher education.
                    ``(B) Applications.--An eligible entity that 
                desires to receive a grant under this paragraph shall 
                submit an application to the Secretary at such time, in 
                such manner, and accompanied by such information as the 
                Secretary may require. Each application shall include--
                            ``(i) a description of how the eligible 
                        entity will work to enhance an existing, or 
                        where none exists to build a, statewide 
                        coalition;
                            ``(ii) a description of how the eligible 
                        entity will target underage students in the 
                        State;
                            ``(iii) a description of how the eligible 
                        entity intends to ensure that the statewide 
                        coalition is actually implementing the purpose 
                        of this section and moving toward indicators 
                        described in subparagraph (D);
                            ``(iv) a list of the members of the 
                        statewide coalition or interested parties 
                        involved in the work of the eligible entity;
                            ``(v) a description of how the eligible 
                        entity intends to work with State agencies on 
                        substance use disorder prevention and 
                        education;
                            ``(vi) the anticipated impact of funds 
                        provided under this paragraph in preventing and 
                        reducing the rates of underage alcohol use;
                            ``(vii) outreach strategies, including ways 
                        in which the eligible entity proposes to--
                                    ``(I) reach out to students and 
                                community stakeholders;
                                    ``(II) promote the purpose of this 
                                paragraph;
                                    ``(III) address the range of needs 
                                of the students and the surrounding 
                                communities; and
                                    ``(IV) address community norms for 
                                underage students regarding alcohol 
                                use; and
                            ``(viii) such additional information as 
                        required by the Secretary.
                    ``(C) Uses of funds.--Each eligible entity that 
                receives a grant under this paragraph shall use the 
                grant funds to carry out the activities described in 
                such entity's application submitted pursuant to 
                subparagraph (B).
                    ``(D) Accountability.--On the date on which the 
                Secretary first publishes a notice in the Federal 
                Register soliciting applications for grants under this 
                paragraph, the Secretary shall include in the notice 
                achievement indicators for the program authorized under 
                this paragraph. The achievement indicators shall be 
                designed--
                            ``(i) to measure the impact that the 
                        statewide coalitions assisted under this 
                        paragraph are having on the institutions of 
                        higher education and the surrounding 
                        communities, including changes in the number of 
                        incidents of any kind in which students have 
                        abused alcohol or consumed alcohol while under 
                        the age of 21 (including violations, physical 
                        assaults, sexual assaults, reports of 
                        intimidation, disruptions of school functions, 
                        disruptions of student studies, mental health 
                        referrals, illnesses, or deaths);
                            ``(ii) to measure the quality and 
                        accessibility of the programs or information 
                        offered by the eligible entity; and
                            ``(iii) to provide such other measures of 
                        program impact as the Secretary determines 
                        appropriate.
                    ``(E) Supplement not supplant.--Grant funds 
                provided under this paragraph shall be used to 
                supplement, and not supplant, Federal and non-Federal 
                funds available for carrying out the activities 
                described in this paragraph.
                    ``(F) Definitions.--For purposes of this paragraph:
                            ``(i) Eligible entity.--The term `eligible 
                        entity' means a State, institution of higher 
                        education, or nonprofit entity.
                            ``(ii) Institution of higher education.--
                        The term `institution of higher education' has 
                        the meaning given the term in section 101(a) of 
                        the Higher Education Act of 1965.
                            ``(iii) Secretary.--The term `Secretary' 
                        means the Secretary of Education.
                            ``(iv) State.--The term `State' means each 
                        of the 50 States, the District of Columbia, and 
                        the Commonwealth of Puerto Rico.
                            ``(v) Statewide coalition.--The term 
                        `statewide coalition' means a coalition that--
                                    ``(I) includes, but is not limited 
                                to--
                                            ``(aa) institutions of 
                                        higher education within a 
                                        State; and
                                            ``(bb) a nonprofit group, a 
                                        community underage drinking 
                                        prevention coalition, or 
                                        another substance use disorder 
                                        prevention group within a 
                                        State; and
                                    ``(II) works toward lowering the 
                                alcohol abuse rate by targeting 
                                underage students at institutions of 
                                higher education throughout the State 
                                and in the surrounding communities.
                            ``(vi) Surrounding community.--The term 
                        `surrounding community' means the community--
                                    ``(I) that surrounds an institution 
                                of higher education participating in a 
                                statewide coalition;
                                    ``(II) where the students from the 
                                institution of higher education take 
                                part in the community; and
                                    ``(III) where students from the 
                                institution of higher education live in 
                                off-campus housing.
                    ``(G) Administrative expenses.--Not more than 5 
                percent of a grant under this paragraph may be expended 
                for administrative expenses.
                    ``(H) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph $6,000,000 for fiscal year 2011, and 
                $6,000,000 for each of the fiscal years 2012 through 
                2015.
    ``(f) Additional Research.--
            ``(1) Additional research on underage drinking.--
                    ``(A) In general.--The Secretary shall, subject to 
                the availability of appropriations, collect data, and 
                conduct or support research that is not duplicative of 
                research currently being conducted or supported by the 
                Department of Health and Human Services, on underage 
                drinking, with respect to the following:
                            ``(i) Comprehensive community-based 
                        programs or strategies and statewide systems to 
                        prevent and reduce underage drinking, across 
                        the underage years from early childhood to age 
                        21, including programs funded and implemented 
                        by government entities, public health interest 
                        groups and foundations, and alcohol beverage 
                        companies and trade associations.
                            ``(ii) Annually obtain and report more 
                        precise information than is currently collected 
                        on the scope of the underage drinking problem 
                        and patterns of underage alcohol consumption, 
                        including improved knowledge about the problem 
                        and progress in preventing, reducing and 
                        treating underage drinking; as well as 
                        information on the rate of exposure of youth to 
                        advertising and other media messages 
                        encouraging and discouraging alcohol 
                        consumption.
                            ``(iii) Compiling information on the 
                        involvement of alcohol in unnatural deaths of 
                        persons ages 12 to 20 in the United States, 
                        including suicides, homicides, and 
                        unintentional injuries such as falls, 
                        drownings, burns, poisonings, and motor vehicle 
                        crash deaths.
                    ``(B) Certain matters.--The Secretary shall carry 
                out activities toward the following objectives with 
                respect to underage drinking:
                            ``(i) Obtaining new epidemiological data 
                        within the national or targeted surveys that 
                        identify alcohol use and attitudes about 
                        alcohol use during pre- and early adolescence, 
                        including harm caused to self or others as a 
                        result of adolescent alcohol use such as 
                        violence, date rape, risky sexual behavior, and 
                        prenatal alcohol exposure.
                            ``(ii) Developing or identifying successful 
                        clinical treatments for youth with alcohol 
                        problems.
                    ``(C) Peer review.--Research under subparagraph (A) 
                shall meet current Federal standards for scientific 
                peer review.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $6,000,000 for fiscal year 2011, and $6,000,000 for each of the 
        fiscal years 2012 through 2015.

``SEC. 523. SERVICES FOR INDIVIDUALS WITH FETAL ALCOHOL SYNDROME.

    ``(a) In General.--The Secretary shall make awards of grants, 
cooperative agreements, or contracts to public and nonprofit private 
entities, including American Indian and Alaska Native tribes, tribal 
organizations, and a health facility or program operated by or pursuant 
to a contract or grant with the Indian Health Service, to provide 
services to individuals diagnosed with fetal alcohol syndrome or 
alcohol-related birth defects.
    ``(b) Use of Funds.--An award under subsection (a) may, subject to 
subsection (d), be used to--
            ``(1) screen and test individuals to determine the type and 
        level of services needed;
            ``(2) develop a comprehensive plan for providing services 
        to the individual;
            ``(3) provide mental health counseling;
            ``(4) provide substance use disorder prevention services 
        and treatment, if needed;
            ``(5) coordinate services with other social programs 
        including social services, justice system, educational 
        services, health services, mental health and substance use 
        disorder services, financial assistance programs, vocational 
        services and housing assistance programs;
            ``(6) provide vocational services;
            ``(7) provide health counseling;
            ``(8) provide housing assistance;
            ``(9) parenting skills training;
            ``(10) overall case management;
            ``(11) supportive services for families of individuals with 
        Fetal Alcohol Syndrome;
            ``(12) provide respite care for caretakers of individuals 
        with Fetal Alcohol Syndrome and other prenatal alcohol-related 
        disorders;
            ``(13) recruit and train mentors for individuals with Fetal 
        Alcohol Syndrome and other prenatal alcohol-related disorders;
            ``(14) provide educational and supportive services to 
        families of individuals with Fetal Alcohol Spectrum Disorders; 
        and
            ``(15) provide other services and programs, to the extent 
        authorized by the Secretary after consideration of 
        recommendations made by the National Task Force on Fetal 
        Alcohol Syndrome.
    ``(c) Requirements.--To be eligible to receive an award under 
subsection (a), an applicant shall--
            ``(1) demonstrate that the program will be part of a 
        coordinated, comprehensive system of care for such individuals;
            ``(2) demonstrate an established communication with other 
        social programs in the community including social services, 
        justice system, financial assistance programs, health services, 
        educational services, mental health and substance use disorder 
        services, vocational services and housing assistance services;
            ``(3) show a history of working with individuals with fetal 
        alcohol syndrome or alcohol-related birth defects;
            ``(4) provide assurance that the services will be provided 
        in a culturally and linguistically appropriate manner; and
            ``(5) provide assurance that at the end of the 5-year award 
        period, other mechanisms will be identified to meet the needs 
        of the individuals and families served under such award.
    ``(d) Relationship to Payments Under Other Programs.--An award may 
be made under subsection (a) only if the applicant involved agrees that 
the award will not be expended to pay the expenses of providing any 
service under this section to an individual to the extent that payment 
has been made, or can reasonably be expected to be made, with respect 
to such expenses--
            ``(1) under any State compensation program, under an 
        insurance policy, or under any Federal or State health benefits 
        program; or
            ``(2) by an entity that provides health services on a 
        prepaid basis.
    ``(e) Duration of Awards.--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 evaluate each project 
carried out under subsection (a) and shall disseminate the findings 
with respect to each such evaluation to appropriate public and private 
entities.
    ``(g) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        carrying out this section, there are authorized to be 
        appropriated $25,000,000 for fiscal year 2011, and such sums as 
        may be necessary for each of the fiscal years 2012 through 
        2015.
            ``(2) Allocation.--Of the amounts appropriated under 
        paragraph (1) for a fiscal year, not less than $300,000 shall, 
        for purposes relating to fetal alcohol syndrome and alcohol-
        related birth defects, be made available for collaborative, 
        coordinated interagency efforts with the National Institute on 
        Alcohol Abuse and Alcoholism, the National Institute on Child 
        Health and Human Development, the Health Resources and Services 
        Administration, the Agency for Healthcare Research and Quality, 
        the Centers for Disease Control and Prevention, the Department 
        of Education, and the Department of Justice.

``SEC. 524. CENTERS OF EXCELLENCE ON SERVICES FOR INDIVIDUALS WITH 
              FETAL ALCOHOL SYNDROME AND ALCOHOL-RELATED BIRTH DEFECTS 
              AND TREATMENT FOR INDIVIDUALS WITH SUCH CONDITIONS AND 
              THEIR FAMILIES.

    ``(a) In General.--The Secretary shall make awards of grants, 
cooperative agreements, or contracts to public or nonprofit private 
entities for the purposes of establishing not more than four centers of 
excellence to study techniques for the prevention of fetal alcohol 
syndrome and alcohol-related birth defects and adaptations of 
innovative clinical interventions and service delivery improvements for 
the provision of comprehensive services to individuals with fetal 
alcohol syndrome or alcohol-related birth defects and their families 
and for providing training on such conditions.
    ``(b) Use of Funds.--An award under subsection (a) may be used to--
            ``(1) study adaptations of innovative clinical 
        interventions and service delivery improvements strategies for 
        children and adults with fetal alcohol syndrome or alcohol-
        related birth defects and their families;
            ``(2) identify communities which have an exemplary 
        comprehensive system of care for such individuals so that they 
        can provide technical assistance to other communities 
        attempting to set up such a system of care;
            ``(3) provide technical assistance to communities who do 
        not have a comprehensive system of care for such individuals 
        and their families;
            ``(4) train community leaders, mental health and substance 
        use disorder professionals, families, law enforcement 
        personnel, judges, health professionals, persons working in 
        financial assistance programs, social service personnel, child 
        welfare professionals, and other service providers on the 
        implications of fetal alcohol syndrome and alcohol-related 
        birth defects, the early identification of and referral for 
        such conditions;
            ``(5) develop innovative techniques for preventing alcohol 
        use by women in child bearing years; or
            ``(6) perform other functions, to the extent authorized by 
        the Secretary after consideration of recommendations made by 
        the National Task Force on Fetal Alcohol Syndrome.
    ``(c) Report.--
            ``(1) In general.--A recipient of an award under subsection 
        (a) shall at the end of the period of funding report to the 
        Secretary on any innovative techniques that have been 
        discovered for preventing alcohol abuse, alcohol use among 
        women of child bearing years, and alcohol use among pregnant 
        women and women considering pregnancy.
            ``(2) Dissemination of findings.--The Secretary shall upon 
        receiving a report under paragraph (1) disseminate the findings 
        to appropriate public and private entities.
    ``(d) Duration of Awards.--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.
    ``(e) Evaluation.--The Secretary shall evaluate each project 
carried out under subsection (a) and shall disseminate the findings 
with respect to each such evaluation to appropriate public and private 
entities.
    ``(f) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $9,200,000 
for fiscal year 2011, and such sums as may be necessary for each of the 
fiscal years 2012 through 2015.

             ``Subpart 3--Center for Mental Health Services

``SEC. 525. CENTER FOR MENTAL HEALTH SERVICES.

    ``(a) Establishment.--There is established in the Administration a 
Center for Mental Health Services (hereafter in this section referred 
to as the `Center'). The Center shall be headed by a Director 
(hereafter in this section referred to as the `Director') appointed by 
the Secretary from among individuals with extensive experience or 
academic qualifications in the provision of mental health services or 
in the evaluation of mental health service systems.
    ``(b) Duties.--The Director of the Center shall--
            ``(1) design national goals and establish national 
        priorities for--
                    ``(A) the prevention of mental illness; and
                    ``(B) the promotion of mental health;
            ``(2) encourage and assist local entities and State 
        agencies to achieve the goals and priorities described in 
        paragraph (1);
            ``(3) collaborate with the Department of Education and the 
        Department of Justice to develop programs to assist local 
        communities in addressing violence among children and 
        adolescents;
            ``(4) develop and coordinate Federal prevention policies 
        and programs and to assure increased focus on the prevention of 
        mental illness and the promotion of mental health through 
        programs that reduce risk and promote resiliency;
            ``(5) develop improved methods of treating individuals with 
        mental health problems and improved methods of assisting the 
        families of such individuals;
            ``(6) administer the mental health services block grant 
        program authorized in section 1911;
            ``(7) promote policies and programs at Federal, State, and 
        local levels and in the private sector that foster 
        independence, increase meaningful participation of, and protect 
        the legal rights of persons with mental illness, including 
        carrying out the provisions of the Protection and Advocacy of 
        Individuals with Mental Illness Act;
            ``(8) carry out the programs under part C;
            ``(9) carry out responsibilities for the Human Resource 
        Development program, and programs of clinical training for 
        paraprofessional personnel and health professionals;
            ``(10) conduct services-related assessments, including 
        evaluations of the organization and financing of care, self-
        help and consumer-run programs, mental health economics, mental 
        health service systems, rural mental health, tele-mental 
        health, and improve the capacity of State to conduct 
        evaluations of publicly funded mental health programs;
            ``(11) provide technical assistance to public and private 
        entities that are providers of mental health services;
            ``(12) conduct surveys with respect to mental health, such 
        as the National Reporting Program; and
            ``(13) assist States in improving their mental health data 
        collection.
    ``(c) Grants and Contracts.--In carrying out the duties established 
in subsection (b), the Director may makes grants to and enter into 
contracts and cooperative agreements with public and nonprofit private 
entities.

``SEC. 526. PRIORITY MENTAL HEALTH NEEDS OF REGIONAL AND NATIONAL 
              SIGNIFICANCE.

    ``(a) Projects.--The Secretary shall address priority mental health 
needs of regional and national significance (as determined under 
subsection (b)) through the provision of or through assistance for--
            ``(1) knowledge development and application projects for 
        prevention, treatment, and rehabilitation, and the conduct or 
        support of evaluations of such projects;
            ``(2) training and technical assistance programs;
            ``(3) targeted capacity response programs; and
            ``(4) systems change grants including statewide family 
        network grants and client-oriented and consumer run self-help 
        activities which may include technical assistance centers.
The Secretary may carry out the activities described in this subsection 
directly or through grants, contracts, or cooperative agreements with 
States, territories, political subdivisions of States, Indian tribes 
and tribal organizations, other public or private nonprofit entities.
    ``(b) Priority Mental Health Needs.--
            ``(1) Determination of needs.--Priority mental health needs 
        of regional and national significance shall be determined by 
        the Secretary in consultation with States and other interested 
        groups. The Secretary shall meet with the States and interested 
        groups on an annual basis to discuss program priorities.
            ``(2) Special consideration.--In developing program 
        priorities described in paragraph (1), the Secretary shall give 
        special consideration to promoting the integration of mental 
        health services into primary health care systems.
    ``(c) Requirements.--
            ``(1) In general.--Recipients of grants, contracts, and 
        cooperative agreements under this section shall comply with 
        information and application requirements determined appropriate 
        by the Secretary.
            ``(2) Duration of award.--With respect to a grant, 
        contract, or cooperative agreement awarded under this section, 
        the period during which payments under such award are made to 
        the recipient may not exceed 5 years.
            ``(3) Matching funds.--The Secretary may, for projects 
        carried out under subsection (a), require that entities that 
        apply for grants, contracts, or cooperative agreements under 
        this section provide non-Federal matching funds, as determined 
        appropriate by the Secretary, to ensure the institutional 
        commitment of the entity to the projects funded under the 
        grant, contract, or cooperative agreement. Such non-Federal 
        matching funds may be provided directly or through donations 
        from public or private entities and may be in cash or in kind, 
        fairly evaluated, including plant, equipment, or services. The 
        requirements of this paragraph shall apply to Statewide 
        consumer family networks.
            ``(4) Maintenance of effort.--With respect to activities 
        for which a grant, contract or cooperative agreement is awarded 
        under this section, the Secretary may require that recipients 
        for specific projects under subsection (a) agree to 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 entity for the fiscal year preceding the 
        fiscal year for which the entity receives such a grant, 
        contract, or cooperative agreement.
    ``(d) Evaluation.--The Secretary shall evaluate each project 
carried out under subsection (a)(1) and shall disseminate the findings 
with respect to each such evaluation to appropriate public and private 
entities.
    ``(e) Information and Education.--
            ``(1) In general.--The Secretary shall establish 
        information and education programs to disseminate and apply the 
        findings of the knowledge development and application, 
        training, and technical assistance programs, and targeted 
        capacity response programs, under this section to the general 
        public, to health care professionals, and to interested groups. 
        The Secretary shall make every effort to provide linkages 
        between the findings of supported projects and State agencies 
        responsible for carrying out mental health services.
            ``(2) Rural and underserved areas.--In disseminating 
        information on evidence-based practices in the provision of 
        children's mental health services under this subsection, the 
        Secretary shall ensure that such information is distributed to 
        rural and medically underserved areas.
    ``(f) Authorization of Appropriation.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section, $300,000,000 for fiscal year 2011, 
        and such sums as may be necessary for each of the fiscal years 
        2012 through 2015.
            ``(2) Data infrastructure.--If amounts are not appropriated 
        for a fiscal year to carry out section 1971 with respect to 
        mental health, then the Secretary shall make available, from 
        the amounts appropriated for such fiscal year under paragraph 
        (1), an amount equal to the sum of $6,000,000 and 10 percent of 
        all amounts appropriated for such fiscal year under such 
        paragraph in excess of $100,000,000, to carry out such section 
        1971.

``SEC. 527. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.

    ``(a) Program Authorized.--The Secretary, acting through the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, shall establish a research, training, and technical 
assistance resource center to provide appropriate information, 
training, and technical assistance to States, political subdivisions of 
States, federally recognized Indian tribes, tribal organizations, 
institutions of higher education, public organizations, or private 
nonprofit organizations concerning the prevention of suicide among all 
ages, particularly among groups that are at high risk for suicide.
    ``(b) Responsibilities of the Center.--The center established under 
subsection (a) shall--
            ``(1) assist in the development or continuation of 
        statewide and tribal suicide early intervention and prevention 
        strategies for all ages, particularly among groups that are at 
        high risk for suicide;
            ``(2) ensure the surveillance of suicide early intervention 
        and prevention strategies for all ages, particularly among 
        groups that are at high risk for suicide;
            ``(3) study the costs and effectiveness of statewide and 
        tribal suicide early intervention and prevention strategies in 
        order to provide information concerning relevant issues of 
        importance to State, tribal, and national policymakers;
            ``(4) further identify and understand causes and associated 
        risk factors for suicide for all ages, particularly among 
        groups that are at high risk for suicide;
            ``(5) analyze the efficacy of new and existing suicide 
        early intervention and prevention techniques and technology for 
        all ages, particularly among groups that are at high risk for 
        suicide;
            ``(6) ensure the surveillance of suicidal behaviors and 
        nonfatal suicidal attempts;
            ``(7) study the effectiveness of State-sponsored statewide 
        and tribal suicide early intervention and prevention strategies 
        for all ages particularly among groups that are at high risk 
        for suicide on the overall wellness and health promotion 
        strategies related to suicide attempts;
            ``(8) promote the sharing of data regarding suicide with 
        Federal agencies involved with suicide early intervention and 
        prevention, and State-sponsored statewide and tribal suicide 
        early intervention and prevention strategies for the purpose of 
        identifying previously unknown mental health causes and 
        associated risk factors for suicide among all ages particularly 
        among groups that are at high risk for suicide;
            ``(9) evaluate and disseminate outcomes and best practices 
        of mental health and substance use disorder services at 
        institutions of higher education; and
            ``(10) conduct other activities determined appropriate by 
        the Secretary.
    ``(c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $5,000,000 
for fiscal year 2011, and such sums as may be necessary for each of 
fiscal years 2012 through 2015.

``SEC. 528. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION STRATEGIES.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Substance Abuse and Mental Health Services Administration, shall 
award grants or cooperative agreements to eligible entities to--
            ``(1) develop and implement State-sponsored statewide or 
        tribal youth suicide early intervention and prevention 
        strategies in schools, educational institutions, juvenile 
        justice systems, substance use disorder programs, mental health 
        programs, foster care systems, and other child and youth 
        support organizations;
            ``(2) support public organizations and private nonprofit 
        organizations actively involved in State-sponsored statewide or 
        tribal youth suicide early intervention and prevention 
        strategies and in the development and continuation of State-
        sponsored statewide youth suicide early intervention and 
        prevention strategies;
            ``(3) provide grants to institutions of higher education to 
        coordinate the implementation of State-sponsored statewide or 
        tribal youth suicide early intervention and prevention 
        strategies;
            ``(4) collect and analyze data on State-sponsored statewide 
        or tribal youth suicide early intervention and prevention 
        services that can be used to monitor the effectiveness of such 
        services and for research, technical assistance, and policy 
        development; and
            ``(5) assist eligible entities, through State-sponsored 
        statewide or tribal youth suicide early intervention and 
        prevention strategies, in achieving targets for youth suicide 
        reductions under title V of the Social Security Act.
    ``(b) Eligible Entity.--
            ``(1) Definition.--In this section, the term `eligible 
        entity' means--
                    ``(A) a State;
                    ``(B) a public organization or private nonprofit 
                organization designated by a State to develop or direct 
                the State-sponsored statewide youth suicide early 
                intervention and prevention strategy; or
                    ``(C) a federally recognized Indian tribe or tribal 
                organization (as defined in the Indian Self-
                Determination and Education Assistance Act) or an urban 
                Indian organization (as defined in the Indian Health 
                Care Improvement Act) that is actively involved in the 
                development and continuation of a tribal youth suicide 
                early intervention and prevention strategy.
            ``(2) Limitation.--In carrying out this section, the 
        Secretary shall ensure that a State does not receive more than 
        one grant or cooperative agreement under this section at any 
        one time. For purposes of the preceding sentence, a State shall 
        be considered to have received a grant or cooperative agreement 
        if the eligible entity involved is the State or an entity 
        designated by the State under paragraph (1)(B). Nothing in this 
        paragraph shall be constructed to apply to entities described 
        in paragraph (1)(C).
    ``(c) Preference.--In providing assistance under a grant or 
cooperative agreement under this section, an eligible entity shall give 
preference to public organizations, private nonprofit organizations, 
political subdivisions, institutions of higher education, and tribal 
organizations actively involved with the State-sponsored statewide or 
tribal youth suicide early intervention and prevention strategy that--
            ``(1) provide early intervention and assessment services, 
        including screening programs, to youth who are at risk for 
        mental or emotional disorders that may lead to a suicide 
        attempt, and that are integrated with school systems, 
        educational institutions, juvenile justice systems, substance 
        use disorder programs, mental health programs, foster care 
        systems, and other child and youth support organizations;
            ``(2) demonstrate collaboration among early intervention 
        and prevention services or certify that entities will engage in 
        future collaboration;
            ``(3) employ or include in their applications a commitment 
        to evaluate youth suicide early intervention and prevention 
        practices and strategies adapted to the local community;
            ``(4) provide timely referrals for appropriate community-
        based mental health care and treatment of youth who are at risk 
        for suicide in child-serving settings and agencies;
            ``(5) provide immediate support and information resources 
        to families of youth who are at risk for suicide;
            ``(6) offer access to services and care to youth with 
        diverse linguistic and cultural backgrounds;
            ``(7) offer appropriate postsuicide intervention services, 
        care, and information to families, friends, schools, 
        educational institutions, juvenile justice systems, substance 
        use disorder programs, mental health programs, foster care 
        systems, and other child and youth support organizations of 
        youth who recently completed suicide;
            ``(8) offer continuous and up-to-date information and 
        awareness campaigns that target parents, family members, child 
        care professionals, community care providers, and the general 
        public and highlight the risk factors associated with youth 
        suicide and the life-saving help and care available from early 
        intervention and prevention services;
            ``(9) ensure that information and awareness campaigns on 
        youth suicide risk factors, and early intervention and 
        prevention services, use effective communication mechanisms 
        that are targeted to and reach youth, families, schools, 
        educational institutions, and youth organizations;
            ``(10) provide a timely response system to ensure that 
        child-serving professionals and providers are properly trained 
        in youth suicide early intervention and prevention strategies 
        and that child-serving professionals and providers involved in 
        early intervention and prevention services are properly trained 
        in effectively identifying youth who are at risk for suicide;
            ``(11) provide continuous training activities for child 
        care professionals and community care providers on the latest 
        youth suicide early intervention and prevention services 
        practices and strategies;
            ``(12) conduct annual self-evaluations of outcomes and 
        activities, including consulting with interested families and 
        advocacy organizations;
            ``(13) provide services in areas or regions with rates of 
        youth suicide that exceed the national average as determined by 
        the Centers for Disease Control and Prevention; and
            ``(14) obtain informed written consent from a parent or 
        legal guardian of an at-risk child before involving the child 
        in a youth suicide early intervention and prevention program.
    ``(d) Requirement for Direct Services.--Not less than 85 percent of 
grant funds received under this section shall be used to provide direct 
services, of which not less than 5 percent shall be used for activities 
authorized under subsection (a)(3).
    ``(e) Consultation and Policy Development.--
            ``(1) In general.--In carrying out this section, the 
        Secretary shall collaborate with relevant Federal agencies and 
        suicide working groups responsible for early intervention and 
        prevention services relating to youth suicide.
            ``(2) Consultation.--In carrying out this section, the 
        Secretary shall consult with--
                    ``(A) State and local agencies, including agencies 
                responsible for early intervention and prevention 
                services under title XIX of the Social Security Act, 
                the State Children's Health Insurance Program under 
                title XXI of the Social Security Act, and programs 
                funded by grants under title V of the Social Security 
                Act;
                    ``(B) local and national organizations that serve 
                youth at risk for suicide and their families;
                    ``(C) relevant national medical and other health 
                and education specialty organizations;
                    ``(D) youth who are at risk for suicide, who have 
                survived suicide attempts, or who are currently 
                receiving care from early intervention services;
                    ``(E) families and friends of youth who are at risk 
                for suicide, who have survived suicide attempts, who 
                are currently receiving care from early intervention 
                and prevention services, or who have completed suicide;
                    ``(F) qualified professionals who possess the 
                specialized knowledge, skills, experience, and relevant 
                attributes needed to serve youth at risk for suicide 
                and their families; and
                    ``(G) third-party payers, managed care 
                organizations, and related commercial industries.
            ``(3) Policy development.--In carrying out this section, 
        the Secretary shall--
                    ``(A) coordinate and collaborate on policy 
                development at the Federal level with the relevant 
                Department of Health and Human Services agencies and 
                suicide working groups; and
                    ``(B) consult on policy development at the Federal 
                level with the private sector, including consumer, 
                medical, suicide prevention advocacy groups, and other 
                health and education professional-based organizations, 
                with respect to State-sponsored statewide or tribal 
                youth suicide early intervention and prevention 
                strategies.
    ``(f) Rule of Construction; Religious and Moral Accommodation.--
Nothing in this section shall be construed to require suicide 
assessment, early intervention, or treatment services for youth whose 
parents or legal guardians object based on the parents' or legal 
guardians' religious beliefs or moral objections.
    ``(g) Evaluations and Report.--
            ``(1) Evaluations by eligible entities.--Not later than 18 
        months after receiving a grant or cooperative agreement under 
        this section, an eligible entity shall submit to the Secretary 
        the results of an evaluation to be conducted by the entity 
        concerning the effectiveness of the activities carried out 
        under the grant or agreement.
            ``(2) Report.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall submit to the 
        appropriate committees of Congress a report concerning the 
        results of--
                    ``(A) the evaluations conducted under paragraph 
                (1); and
                    ``(B) an evaluation conducted by the Secretary to 
                analyze the effectiveness and efficacy of the 
                activities conducted with grants, collaborations, and 
                consultations under this section.
    ``(h) Rule of Construction; Student Medication.--Nothing in this 
section shall be construed to allow school personnel to require that a 
student obtain any medication as a condition of attending school or 
receiving services.
    ``(i) Prohibition.--Funds appropriated to carry out this section, 
section 527, or section 529 shall not be used to pay for or refer for 
abortion.
    ``(j) Parental Consent.--States and entities receiving funding 
under this section shall obtain prior written, informed consent from 
the child's parent or legal guardian for assessment services, school-
sponsored programs, and treatment involving medication related to youth 
suicide conducted in elementary and secondary schools. The requirement 
of the preceding sentence does not apply in the following cases:
            ``(1) In an emergency, where it is necessary to protect the 
        immediate health and safety of the student or other students.
            ``(2) Other instances, as defined by the State, where 
        parental consent cannot reasonably be obtained.
    ``(k) Relation to Education Provisions.--Nothing in this section 
shall be construed to supersede section 444 of the General Education 
Provisions Act, including the requirement of prior parental consent for 
the disclosure of any education records. Nothing in this section shall 
be construed to modify or affect parental notification requirements for 
programs authorized under the Elementary and Secondary Education Act of 
1965 (as amended by the No Child Left Behind Act of 2001; Public Law 
107-110).
    ``(l) Definitions.--In this section:
            ``(1) Early intervention.--The term `early intervention' 
        means a strategy or approach that is intended to prevent an 
        outcome or to alter the course of an existing condition.
            ``(2) Educational institution; institution of higher 
        education; school.--The term--
                    ``(A) `educational institution' means a school or 
                institution of higher education;
                    ``(B) `institution of higher education' has the 
                meaning given such term in section 101 of the Higher 
                Education Act of 1965; and
                    ``(C) `school' means an elementary or secondary 
                school (as such terms are defined in section 9101 of 
                the Elementary and Secondary Education Act of 1965).
            ``(3) Prevention.--The term `prevention' means a strategy 
        or approach that reduces the likelihood or risk of onset, or 
        delays the onset, of adverse health problems that have been 
        known to lead to suicide.
            ``(4) Youth.--The term `youth' means individuals who are 
        between 10 and 24 years of age.
    ``(m) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $34,000,000 
for fiscal year 2011, $38,000,000 for fiscal year 2012, and $42,000,000 
for fiscal year 2013, $46,000,000 for fiscal year 2014, and $50,000,000 
for fiscal year 2015.

``SEC. 529. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES ON 
              CAMPUS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, in consultation with the 
Secretary of Education, may award grants on a competitive basis to 
institutions of higher education to enhance services for students with 
mental health or substance use disorders that can lead to school 
failure, such as depression, substance use disorders, and suicide 
attempts, so that students will successfully complete their studies.
    ``(b) Use of Funds.--The Secretary may not make a grant to an 
institution of higher education under this section unless the 
institution agrees to use the grant only for--
            ``(1) educational seminars;
            ``(2) the operation of hot lines;
            ``(3) preparation of informational material;
            ``(4) preparation of educational materials for families of 
        students to increase awareness of potential mental health and 
        substance use disorders issues of students enrolled at the 
        institution of higher education;
            ``(5) training programs for students and campus personnel 
        to respond effectively to students with mental health and 
        substance use disorders that can lead to school failure, such 
        as depression, substance use disorders, and suicide attempts, 
        and for staff on voluntary screening for such behavioral health 
        problems;
            ``(6) the creation of a networking infrastructure to link 
        colleges and universities that do not have mental health 
        services with health care providers who can treat mental health 
        and substance use disorders; or
            ``(7) the administration of voluntary mental health 
        screenings and assessments, not including the provision of 
        direct services.
    ``(c) Eligible Grant Recipients.--Any institution of higher 
education receiving a grant under this section may carry out activities 
under the grant through--
            ``(1) college counseling centers;
            ``(2) college and university psychological service centers;
            ``(3) mental health centers;
            ``(4) psychology training clinics; or
            ``(5) institution of higher education supported, evidence-
        based, mental health and substance use disorder programs.
    ``(d) Application.--An institution of higher education desiring a 
grant under this section shall prepare and submit an application to the 
Secretary at such time and in such manner as the Secretary may require. 
At a minimum, the application shall include the following:
            ``(1) A description of identified mental health and 
        substance use disorder needs of students at the institution of 
        higher education.
            ``(2) A description of Federal, State, local, private, and 
        institutional resources currently available to address the 
        needs described in paragraph (1) at the institution of higher 
        education.
            ``(3) A description of the outreach strategies of the 
        institution of higher education for promoting access to 
        services, including a proposed plan for reaching those students 
        most in need of mental health services.
            ``(4) A plan to evaluate program outcomes, including a 
        description of the proposed use of funds, the program 
        objectives, and how the objectives will be met.
            ``(5) An assurance that the institution will submit a 
        report to the Secretary each fiscal year on the activities 
        carried out with the grant and the results achieved through 
        those activities.
    ``(e) Requirement of Matching Funds.--
            ``(1) In general.--The Secretary may make a grant under 
        this section to an institution of higher education only if the 
        institution agrees to make available (directly or through 
        donations from public or private entities) non-Federal 
        contributions in an amount that is not less than $1 for each $1 
        of Federal funds provided in the grant, toward the costs of 
        activities carried out with the grant (as described in 
        subsection (b)) and other activities by the institution to 
        reduce student mental health and substance use disorders.
            ``(2) Determination of amount contributed.--Non-Federal 
        contributions required under paragraph (1) may be in cash or in 
        kind. Amounts provided by the Federal Government, or services 
        assisted or subsidized to any significant extent by the Federal 
        Government, may not be included in determining the amount of 
        such non-Federal contributions.
            ``(3) Waiver.--The Secretary may waive the requirement 
        established in paragraph (1) with respect to an institution of 
        higher education if the Secretary determines that extraordinary 
        need at the institution justifies the waiver.
    ``(f) Reports.--For each fiscal year that grants are awarded under 
this section, the Secretary shall conduct a study on the results of the 
grants and submit to the Congress a report on such results that 
includes the following:
            ``(1) An evaluation of the grant program outcomes, 
        including a summary of activities carried out with the grant 
        and the results achieved through those activities.
            ``(2) Recommendations on how to improve access to mental 
        health and substance use disorder services at institutions of 
        higher education, including efforts to reduce the incidence of 
        suicide and substance use disorders.
    ``(g) Definition.--In this section, the term `institution of higher 
education' has the meaning given such term in section 101 of the Higher 
Education Act of 1965.
    ``(h) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $5,400,000 
for fiscal year 2011, $5,800,000 for fiscal year 2012, $6,200,000 for 
fiscal year 2013, $6,600,000 for fiscal year 2014, and $7,000,000 for 
fiscal year 2015.

``SEC. 530. GRANTS FOR JAIL DIVERSION PROGRAMS.

    ``(a) Program Authorized.--The Secretary shall make up to 125 
grants to States, political subdivisions of States, American Indian and 
Alaska Native tribes and tribal organizations, acting directly or 
through agreements with other public or nonprofit entities, or a health 
facility or program operated by or pursuant to a contract or grant with 
the Indian Health Service, to develop and implement programs to divert 
individuals with a mental illness from the criminal justice system to 
community-based services.
    ``(b) Administration.--
            ``(1) Consultation.--The Secretary shall consult with the 
        Attorney General and any other appropriate officials in 
        carrying out this section.
            ``(2) Regulatory authority.--The Secretary shall issue 
        regulations and guidelines necessary to carry out this section, 
        including methodologies and outcome measures for evaluating 
        programs carried out by States, political subdivisions of 
        States, Indian tribes, and tribal organizations receiving 
        grants under subsection (a).
    ``(c) Applications.--
            ``(1) In general.--To receive a grant under subsection (a), 
        the chief executive of a State, chief executive of a 
        subdivision of a State, Indian tribe or tribal organization 
        shall prepare and submit an application to the Secretary at 
        such time, in such manner, and containing such information as 
        the Secretary shall reasonably require.
            ``(2) Content.--Such application shall--
                    ``(A) contain an assurance that--
                            ``(i) community-based mental health 
                        services will be available for the individuals 
                        who are diverted from the criminal justice 
                        system, and that such services are based on 
                        evidence-based practices, reflect current 
                        research findings, include case management, 
                        assertive community treatment, medication 
                        management and access, integrated mental health 
                        and co-occurring substance use disorder 
                        treatment, and psychiatric rehabilitation, and 
                        will be coordinated with social services, 
                        including life skills training, housing 
                        placement, vocational training, education job 
                        placement, and health care;
                            ``(ii) there has been relevant interagency 
                        collaboration between the appropriate criminal 
                        justice, mental health, and substance use 
                        disorder systems; and
                            ``(iii) the Federal support provided will 
                        be used to supplement, and not supplant, State, 
                        local, Indian tribe, or tribal organization 
                        sources of funding that would otherwise be 
                        available;
                    ``(B) demonstrate that the diversion program will 
                be integrated with an existing system of care for those 
                with mental illness;
                    ``(C) explain the applicant's inability to fund the 
                program adequately without Federal assistance;
                    ``(D) specify plans for obtaining necessary support 
                and continuing the proposed program following the 
                conclusion of Federal support; and
                    ``(E) describe methodology and outcome measures 
                that will be used in evaluating the program.
    ``(d) Use of Funds.--A State, political subdivision of a State, 
Indian tribe, or tribal organization that receives a grant under 
subsection (a) may use funds received under such grant to--
            ``(1) integrate the diversion program into the existing 
        system of care;
            ``(2) create or expand community-based mental health and 
        co-occurring mental illness and substance use disorder services 
        to accommodate the diversion program;
            ``(3) train professionals involved in the system of care, 
        and law enforcement officers, attorneys, and judges; and
            ``(4) provide community outreach and crisis intervention.
    ``(e) Federal Share.--
            ``(1) In general.--The Secretary shall pay to a State, 
        political subdivision of a State, Indian tribe, or tribal 
        organization receiving a grant under subsection (a) the Federal 
        share of the cost of activities described in the application.
            ``(2) Federal share.--The Federal share of a grant made 
        under this section shall not exceed 75 percent of the total 
        cost of the program carried out by the State, political 
        subdivision of a State, Indian tribe, or tribal organization. 
        Such share shall be used for new expenses of the program 
        carried out by such State, political subdivision of a State, 
        Indian tribe, or tribal organization.
            ``(3) Non-federal share.--The non-Federal share of payments 
        made under this section may be made in cash or in kind fairly 
        evaluated, including planned equipment or services. The 
        Secretary may waive the requirement of matching contributions.
    ``(f) Geographic Distribution.--The Secretary shall ensure that 
such grants awarded under subsection (a) are equitably distributed 
among the geographical regions of the United States and between urban 
and rural populations.
    ``(g) Training and Technical Assistance.--Training and technical 
assistance may be provided by the Secretary to assist a State, 
political subdivision of a State, Indian tribe, or tribal organization 
receiving a grant under subsection (a) in establishing and operating a 
diversion program.
    ``(h) Evaluations.--The programs described in subsection (a) shall 
be evaluated not less than one time in every 12-month period using the 
methodology and outcome measures identified in the grant application.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $10,000,000 for fiscal year 
2011, and such sums as may be necessary for fiscal years 2012 through 
2015.

``SEC. 531. GRANTS FOR THE INTEGRATED TREATMENT OF SERIOUS MENTAL 
              ILLNESS AND CO-OCCURRING SUBSTANCE USE DISORDERS.

    ``(a) In General.--The Secretary shall award grants, contracts, or 
cooperative agreements to States, political subdivisions of States, 
Indian tribes, tribal organizations, and private nonprofit 
organizations for the development or expansion of programs to provide 
integrated treatment services for individuals with a serious mental 
illness and a co-occurring substance use disorders.
    ``(b) Priority.--In awarding grants, contracts, and cooperative 
agreements under subsection (a), the Secretary shall give priority to 
applicants that emphasize the provision of services for individuals 
with a serious mental illness and a co-occurring substance use 
disorders who--
            ``(1) have a history of interactions with law enforcement 
        or the criminal justice system;
            ``(2) have recently been released from incarceration;
            ``(3) have a history of unsuccessful treatment in either an 
        inpatient or outpatient setting;
            ``(4) have never followed through with outpatient services 
        despite repeated referrals; or
            ``(5) are homeless.
    ``(c) Use of Funds.--A State, political subdivision of a State, 
American Indian or Alaska Native tribe, tribal organization, or a 
health facility operated by or pursuant to a contract or grant with the 
Indian Health Service, or private nonprofit organization that receives 
a grant, contract, or cooperative agreement under subsection (a) shall 
use funds received under such grant--
            ``(1) to provide fully integrated services rather than 
        serial or parallel services;
            ``(2) to employ staff that are cross-trained in the 
        diagnosis and treatment of both serious mental illness and 
        substance use disorders;
            ``(3) to provide integrated mental health and substance use 
        disorder services at the same location;
            ``(4) to provide services that are linguistically 
        appropriate and culturally competent;
            ``(5) to provide at least 10 programs for integrated 
        treatment of both mental illness and substance use disorders at 
        sites that previously provided only mental health services or 
        only substance use disorder services; and
            ``(6) to provide services in coordination with other 
        existing public and private community programs.
    ``(d) Condition.--The Secretary shall ensure that a State, 
political subdivision of a State, Indian tribe, tribal organization, or 
private nonprofit organization that receives a grant, contract, or 
cooperative agreement under subsection (a) maintains the level of 
effort necessary to sustain existing mental health and substance use 
disorder programs for other populations served by mental health systems 
in the community.
    ``(e) Distribution of Awards.--The Secretary shall ensure that 
grants, contracts, or cooperative agreements awarded under subsection 
(a) are equitably distributed among the geographical regions of the 
United States and between urban and rural populations.
    ``(f) Duration.--The Secretary shall award grants, contract, or 
cooperative agreements under this subsection for a period of not more 
than 5 years.
    ``(g) Application.--A State, political subdivision of a State, 
Indian tribe, tribal organization, or private nonprofit organization 
that desires a grant, contract, or cooperative agreement under this 
subsection shall prepare and submit an application to the Secretary at 
such time, in such manner, and containing such information as the 
Secretary may require. Such application shall include a plan for the 
rigorous evaluation of activities funded with an award under such 
subsection, including a process and outcomes evaluation.
    ``(h) Evaluation.--A State, political subdivision of a State, 
Indian tribe, tribal organization, or private nonprofit organization 
that receives a grant, contract, or cooperative agreement under this 
subsection shall prepare and submit a plan for the rigorous evaluation 
of the program funded under such grant, contract, or agreement, 
including both process and outcomes evaluation, and the submission of 
an evaluation at the end of the project period.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $14,000,000 for fiscal year 
2011, and such sums as may be necessary for each of fiscal years 2012 
through 2015.

``SEC. 532. GRANTS RELATING TO THE INTEGRATION AND CO-LOCATING OF 
              SERVICES.

    ``(a) Grants for Integration of Mental Health and Substance Use 
Disorder Services in Primary Care and Mental Health Settings.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Center for Mental Health Services, shall award 
        grants to public and private nonprofit entities to integrate 
        mental health and substance use disorder early intervention, 
        prevention, treatment, referral, and recovery services into 
        primary care settings, for projects that address mental health 
        and substance use disorder needs, including programs that--
                    ``(A) integrate mental health services for older 
                adults into primary care settings, in order to provide 
                screening, referrals, and evidence-based intervention 
                and treatment services by individuals with appropriate 
                training and experience in the treatment of older 
                adults, including licensed mental health professionals; 
                and
                    ``(B) provide mental health and substance use 
                disorders early intervention, prevention, treatment, 
                referral, and recovery services, for children and 
                adults, that are in coordination with community mental 
                health service programs and other appropriately trained 
                providers of care.
            ``(2) Application.--To be eligible to receive a grant or 
        cooperative agreement under this subsection an entity shall 
        prepare and submit to the Secretary an application at such 
        time, in such manner, and containing such information the 
        Secretary may require, including--
                    ``(A) an assessment of the mental health and 
                substance use disorders care needs of patients served 
                by the primary care provider and how such needs will be 
                addressed;
                    ``(B) assurances that the primary care setting will 
                have appropriately qualified mental health and 
                substance use disorders professional staff, including 
                licensed mental health professionals, to ensure prompt 
                treatment or triage for referral services or providers;
                    ``(C) assurances that the primary care setting will 
                encourage formal coordination with community mental 
                health service programs and other appropriate providers 
                to ensure continuity of care;
                    ``(D) assurances that the primary care setting has 
                experience in providing services to a variety of 
                populations, including racial and ethnic minorities and 
                low-income populations;
                    ``(E) assurances that the primary care settings 
                uses evidence-based intervention and treatment 
                protocols (to the extent such protocols are available) 
                for mental health and substance use disorders;
                    ``(F) assurances to report to the Secretary 
                standardized clinical and behavioral data and other 
                performance data necessary to evaluate patient outcomes 
                and to facilitate evaluations across participating 
                projects; and
                    ``(G) a plan for sustainability beyond the Federal 
                grant period.
            ``(3) Use of funds.--Amounts awarded under this subsection 
        may be used to--
                    ``(A) provide mental health promotion and substance 
                use disorder prevention services;
                    ``(B) screen individuals for mental illness or 
                substance use;
                    ``(C) diagnose and determine an appropriate 
                intervention;
                    ``(D) provide brief intervention for individuals at 
                risk of mental illness or substance use;
                    ``(E) treat or refer for treatment of a mental 
                illness or substance use disorder;
                    ``(F) provide recovery support services or 
                referring individuals for services;
                    ``(G) provide caregiver support and educational and 
                transportation services to improve access and 
                retention; or
                    ``(H) facilitate networking between primary care 
                professionals and mental health and substance use 
                disorders professionals for--
                            ``(i) case management development; and
                            ``(ii) professional mentoring.
            ``(4) Duration.--A project may receive funding pursuant to 
        a grant under this subsection for a period of up to 3 years, 
        with an extension period of 2 additional years at the 
        discretion of the Secretary.
            ``(5) Supplement, not supplant.--Funds made available under 
        this subsection shall supplement, and not supplant, other 
        Federal, State, or local funds available to an entity to carry 
        out activities described in this subsection.
            ``(6) Matching requirements.--With respect to the costs of 
        the activities to be carried out by an entity under a grant or 
        cooperative agreement under this subsection, beginning with the 
        third year of the grant program, an entity shall provide 
        assurances that the entity will make available (directly or 
        through donations from public or private entities, including 
        in-kind donations) non-Federal contributions towards such costs 
        in an amount that is not less than $1 for each $4 of Federal 
        funds provided under the grant or cooperative agreement.
            ``(7) Report.--Grantees under this subsection shall, 
        beginning with the end of the second year of the grant, submit 
        yearly reports to the Secretary on the activities of the 
        grantee in support of the grant and the latest performance 
        data. Such reports shall contain recommendations as how to 
        replicate the project.
    ``(b) Grants for Co-Locating Primary and Specialty Care in 
Community-Based Mental Health Settings.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a qualified community mental health program 
                defined under section 1913(b)(1).
                    ``(B) Special populations.--The term `special 
                populations' refers to the following 3 groups:
                            ``(i) Children and adolescents with mental 
                        and emotional disturbances who have co-
                        occurring primary care conditions and chronic 
                        diseases.
                            ``(ii) Adults with mental illnesses who 
                        have co-occurring primary care conditions and 
                        chronic diseases.
                            ``(iii) Older adults with mental illnesses 
                        who have co-occurring primary care conditions 
                        and chronic diseases.
            ``(2) Program authorized.--The Secretary, acting through 
        the Administrator of the Substance Abuse and Mental Health 
        Services Administration and in coordination with the Director 
        of the Health Resources and Services Administration, shall 
        award grants to eligible entities to establish demonstration 
        projects for the provision of coordinated and integrated 
        services to special populations through the co-location of 
        primary and specialty care services in community-based mental 
        health and substance use disorder settings.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit an application 
        to the Administrator at such time, in such manner, and 
        accompanied by such information as the Administrator may 
        require. Each such application shall include--
                    ``(A) an assessment of the primary care needs of 
                the patients served by the eligible entity and a 
                description of how the eligible entity will address 
                such needs; and
                    ``(B) a description of partnerships, cooperative 
                agreements, or other arrangements with local primary 
                care providers, including community health centers, to 
                provide services to special populations.
            ``(4) Use of funds.--
                    ``(A) In general.--For the benefit of special 
                populations, an eligible entity shall use funds awarded 
                under this subsection for--
                            ``(i) the provision, by qualified primary 
                        care professionals on a reasonable cost basis, 
                        of--
                                    ``(I) primary care services on site 
                                at the eligible entity;
                                    ``(II) diagnostic and laboratory 
                                services; or
                                    ``(III) adult and pediatric eye, 
                                ear, and dental screenings;
                            ``(ii) reasonable costs associated with 
                        medically necessary referrals to qualified 
                        specialty care professionals;
                            ``(iii) information technology required to 
                        accommodate the clinical needs of primary and 
                        specialty care professionals; or
                            ``(iv) equipment needed to provide primary 
                        care services on site at the eligible entity.
                    ``(B) Limitation.--Not to exceed 15 percent of 
                grant funds may be used for activities described in 
                clauses (iii) and (iv) of subparagraph (A).
            ``(5) Geographic distribution.--The Secretary shall ensure 
        that grants awarded under this subsection are equitably 
        distributed among the geographical regions of the United States 
        and between urban and rural populations.
            ``(6) Evaluation.--Not later than 3 months after a grant or 
        cooperative agreement awarded under this subsection expires, an 
        eligible entity shall submit to the Secretary the results of an 
        evaluation to be conducted by the entity concerning the 
        effectiveness of the activities carried out under the grant or 
        agreement.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $70,000,0000 for fiscal year 
2011 and such sums as may be necessary for each of fiscal years 2012 
through 2015.

``SEC. 533. TRAINING GRANTS.

    ``(a) In General.--The Secretary shall award grants in accordance 
with the provisions of this section.
    ``(b) Mental Illness Awareness Training Grants.--
            ``(1) In general.--The Secretary shall award grants to 
        States, political subdivisions of States, American Indian and 
        Alaska Native tribes, tribal organizations, a health facility 
        or program operated by or pursuant to a contract or grant with 
        the Indian Health Service, and nonprofit private entities to 
        train teachers and other relevant school personnel to recognize 
        symptoms of childhood and adolescent mental disorders, to refer 
        family members to the appropriate mental health services if 
        necessary, to train emergency services personnel to identify 
        and appropriately respond to persons with a mental illness, and 
        to provide education to such teachers and personnel regarding 
        resources that are available in the community for individuals 
        with a mental illness.
            ``(2) Emergency services personnel.--In this subsection, 
        the term `emergency services personnel' includes paramedics, 
        firefighters, law enforcement, and emergency medical 
        technicians.
            ``(3) Distribution of awards.--The Secretary shall ensure 
        that such grants awarded under this subsection are equitably 
        distributed among the geographical regions of the United States 
        and between urban and rural populations.
            ``(4) Application.--A State, political subdivision of a 
        State, Indian tribe, tribal organization, or nonprofit private 
        entity that desires a grant under this subsection shall submit 
        an application to the Secretary at such time, in such manner, 
        and containing such information as the Secretary may require, 
        including a plan for the rigorous evaluation of activities that 
        are carried out with funds received under a grant under this 
        subsection.
            ``(5) Use of funds.--A State, political subdivision of a 
        State, Indian tribe, tribal organization, or nonprofit private 
        entity receiving a grant under this subsection shall use funds 
        from such grant to--
                    ``(A) train teachers and other relevant school 
                personnel to recognize symptoms of childhood and 
                adolescent mental disorders and appropriately respond;
                    ``(B) train emergency services personnel to 
                identify and appropriately respond to persons with a 
                mental illness; and
                    ``(C) provide education to such teachers and 
                personnel regarding resources that are available in the 
                community for individuals with a mental illness.
            ``(6) Evaluation.--A State, political subdivision of a 
        State, Indian tribe, tribal organization, or nonprofit private 
        entity that receives a grant under this subsection shall 
        prepare and submit an evaluation to the Secretary at such time, 
        in such manner, and containing such information as the 
        Secretary may reasonably require, including an evaluation of 
        activities carried out with funds received under the grant 
        under this subsection and a process and outcome evaluation.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection, $25,000,000 
        for fiscal year 2011 and such sums as may be necessary for each 
        of fiscal years 2012 through 2015.

``SEC. 534. OLDER ADULT MENTAL HEALTH GRANTS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, shall award grants, contracts, 
and cooperative agreements to public and private nonprofit entities for 
projects that address the mental health needs of older adults, 
including programs to--
            ``(1) support the establishment and maintenance of 
        interdisciplinary geriatric mental health specialist outreach 
        teams in community settings where older adults reside or 
        receive social services, in order to provide screening, 
        referrals, and evidence-based intervention and treatment 
        services, including services provided by licensed mental health 
        professionals;
            ``(2) develop and implement older adult suicide early 
        intervention and prevention strategies in 1 or more settings 
        that serve seniors, and collect and analyze data on older adult 
        suicide early intervention and prevention services for purposes 
        of monitoring, research, and policy development; and
            ``(3) other programs as designated by the Secretary, that 
        would improve the mental health of older Americans.
    ``(b) Considerations in Awarding Grants.--In awarding grants under 
this section, the Secretary, to the extent feasible, shall ensure 
that--
            ``(1) projects are funded in a variety of geographic areas, 
        including urban and rural areas;
            ``(2) a variety of populations, including racial and ethnic 
        minorities and low-income populations, are served by projects 
        funded under this section; and
            ``(3) older adult suicide intervention and prevention 
        programs are targeted towards areas with high older adult 
        suicide rates.
    ``(c) Application.--To be eligible to receive a grant under this 
section, a public or private nonprofit entity shall--
            ``(1) submit an application to the Secretary (in such form, 
        containing such information, and at such time as the Secretary 
        may specify);
            ``(2) agree to report to the Secretary standardized 
        clinical and behavioral data or other performance data 
        necessary to evaluate patient or program outcomes and to 
        facilitate evaluations across participating projects;
            ``(3) demonstrate how such applicant will collaborate with 
        other State and local public and private nonprofit 
        organizations; and
            ``(4) submit a plan for the sustainability of the program 
        beyond the Federal grant period.
    ``(d) Duration.--A project may receive funding under a grant under 
this section for a period of up to 3 years, with an extension period of 
2 additional years, at the discretion of the Secretary.
    ``(e) Supplement, Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, other Federal, 
State, or local funds available to an entity to carry out activities 
described in this section.
    ``(f) Matching Requirement.--With respect to the costs of the 
activities to be carried out by an entity under a grant under this 
section, beginning with the third year of the grant program, an entity 
shall provide assurances that the entity will make available (directly 
or through a donation from public or private entities, including in-
kind donations) non-Federal contributions towards such costs in an 
amount that is not less than $1 for each $4 of Federal funds provided 
under the grant.
    ``(g) Report.--Grantees under this section shall, beginning with 
the end of the second year of the grant, submit yearly reports to the 
Secretary on the activities of the grantee in support of the grant and 
the latest performance data. Such reports shall contain recommendations 
as how to replicate the project.
    ``(h) Definitions.--In this section, the term `older adult' has the 
meaning given the term `older individual' in section 101 of the Older 
Americans Act of 1965.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2011 through 2015.

``SEC. 535. GRANTS FOR TELE-MENTAL HEALTH IN RURAL AND MEDICALLY 
              UNDERSERVED AREAS.

    ``(a) Program Authorized.--The Secretary, acting through the 
Administrator of the Substance Abuse and Mental Health Services 
Administration and in coordination with the Administrator of the Health 
Resources and Services Administration and the National Coordinator for 
Health Information Technology, shall award grants to eligible entities 
to provide tele-mental health in rural and medically underserved areas. 
The Secretary shall ensure that such grant are coordinated with, and 
are not duplicative of, activities funded by the Federal Communications 
Commission.
    ``(b) Eligible Entity.--To be eligible for assistance under the 
program under subsection (a), an entity shall be a qualified community 
program as determined by the Secretary.
    ``(c) Application.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may reasonably require.
            ``(2) Assurances.--The application shall include assurances 
        that the applicant will meet the requirements of this 
        subsection and that the applicant possesses sufficient 
        infrastructure to manage the activities to be funded through 
        the grant and to evaluate and report on the outcomes resulting 
        from such activities.
    ``(d) Use of Funds.--An eligible entity shall use funds received 
under a grant under this section for--
            ``(1) the provision of tele-mental health services, 
        including the provision of services to children and older 
        adults; or
            ``(2) technological improvements for the provision of tele-
        mental health services in accordance with any guidelines, as 
        available, on health information technology that are developed 
        by the Secretary.
    ``(e) Geographic Distribution.--The Secretary shall ensure that 
grants awarded under this section are equitably distributed among the 
geographical regions of the United States and between urban and rural 
populations.
    ``(f) Evaluation.--Not later than 3 months after the end of a 
project that is funded by a grant awarded under this section, the 
eligible entity involved shall submit to the Secretary the results of 
an evaluation to be conducted by the entity concerning the 
effectiveness of the activities carried out under the grant.
    ``(g) Report.--Not later than 5 years after the date of enactment 
of this section, the Secretary shall prepare and submit to the 
appropriate committees of Congress a report that shall evaluate the 
activities funded under this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 
2011, and such sums as may be necessary for each of fiscal years 2012 
through 2015.

``SEC. 536. IMPROVING HEALTH INFORMATION TECHNOLOGY FOR MENTAL HEALTH 
              PROVIDERS.

    ``The Secretary, in consultation with the Secretary of Veterans 
Affairs, shall collaborate with the Administrator and the National 
Coordinator for Health Information Technology to develop and implement 
a plan for ensuring that the National Health Information Infrastructure 
addresses the needs of mental health and substance abuse treatment 
providers.

   ``PART C--PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS

``SEC. 541. FORMULA GRANTS TO STATES.

    ``For the purpose of carrying out section 542, the Secretary, 
acting through the Director of the Center for Mental Health Services, 
shall for each fiscal year make an allotment for each State in an 
amount determined in accordance with section 544. The Secretary shall 
make payments, as grants, each such fiscal year to each State from the 
allotment for the State if the Secretary approves for the fiscal year 
involved an application submitted by the State pursuant to section 549.

``SEC. 542. PURPOSE OF GRANTS.

    ``(a) In General.--The Secretary may not make payments under 
section 541 unless the State involved agrees that the payments will be 
expended solely for making grants to political subdivisions of the 
State, and to nonprofit private entities (including community-based 
veterans organizations and other community organizations), for the 
purpose of providing the services specified in subsection (b) to 
individuals who--
            ``(1)(A) are suffering from serious mental illness; or
            ``(B) are suffering from serious mental illness and from 
        substance use disorders; and
            ``(2) are homeless or at imminent risk of becoming 
        homeless.
    ``(b) Specification of Services.--The services referred to in 
subsection (a) are--
            ``(1) outreach services;
            ``(2) screening and diagnostic treatment services;
            ``(3) habilitation and rehabilitation services;
            ``(4) community mental health services;
            ``(5) alcohol or drug treatment services;
            ``(6) staff training, including the training of individuals 
        who work in shelters, mental health clinics, substance use 
        disorder programs, and other sites where homeless individuals 
        require services;
            ``(7) case management services, including--
                    ``(A) preparing a plan for the provision of 
                community mental health services to the eligible 
                homeless individual involved, and reviewing such plan 
                not less than once every 3 months;
                    ``(B) providing assistance in obtaining and 
                coordinating social and maintenance services for the 
                eligible homeless individuals, including services 
                relating to daily living activities, personal financial 
                planning, transportation services, and habilitation and 
                rehabilitation services, prevocational and vocational 
                services, and housing services;
                    ``(C) providing assistance to the eligible homeless 
                individual in obtaining income support services, 
                including housing assistance, food stamps, and 
                supplemental security income benefits;
                    ``(D) referring the eligible homeless individual 
                for such other services as may be appropriate; and
                    ``(E) providing representative payee services in 
                accordance with section 1631(a)(2) of the Social 
                Security Act if the eligible homeless individual is 
                receiving aid under title XVI of such act and if the 
                applicant is designated by the Secretary to provide 
                such services;
            ``(8) supportive and supervisory services in residential 
        settings;
            ``(9) referrals for primary health services, job training, 
        educational services, and relevant housing services;
            ``(10) subject to subsection (h)(1)--
                    ``(A) minor renovation, expansion, and repair of 
                housing;
                    ``(B) planning of housing;
                    ``(C) technical assistance in applying for housing 
                assistance;
                    ``(D) improving the coordination of housing 
                services;
                    ``(E) security deposits;
                    ``(F) the costs associated with matching eligible 
                homeless individuals with appropriate housing 
                situations; and
                    ``(G) 1-time rental payments to prevent eviction; 
                and
            ``(11) other appropriate services, as determined by the 
        Secretary.
    ``(c) Coordination.--The Secretary may not make payments under 
section 541 unless the State involved agrees to make grants pursuant to 
subsection (a) only to entities that have the capacity to provide, 
directly or through arrangements, the services specified in section 
542(b), including coordinating the provision of services in order to 
meet the needs of eligible homeless individuals who are both mentally 
ill and suffering from substance use disorder.
    ``(d) Special Consideration Regarding Veterans.--The Secretary may 
not make payments under section 541 unless the State involved agrees 
that, in making grants to entities pursuant to subsection (a), the 
State will give special consideration to entities with a demonstrated 
effectiveness in serving homeless veterans.
    ``(e) Special Rules.--The Secretary may not make payments under 
section 541 unless the State involved agrees that grants pursuant to 
subsection (a) will not be made to any entity that--
            ``(1) has a policy of excluding individuals from mental 
        health services due to the existence or suspicion of substance 
        use disorders; or
            ``(2) has a policy of excluding individuals from substance 
        use disorder services due to the existence or suspicion of 
        mental illness.
    ``(f) Administrative Expenses.--The Secretary may not make payments 
under section 541 unless the State involved agrees that not more than 4 
percent of the payments will be expended for administrative expenses 
regarding the payments.
    ``(g) Maintenance of Effort.--The Secretary may not make payments 
under section 541 unless the State involved agrees that the State will 
maintain State expenditures for services specified in subsection (b) at 
a level that is not less than the average level of such expenditures 
maintained by the State for the 2-year period preceding the fiscal year 
for which the State is applying to receive such payments.
    ``(h) Restrictions on Use of Funds.--The Secretary may not make 
payments under section 541 unless the State involved agrees that--
            ``(1) not more than 20 percent of the payments will be 
        expended for housing services under subsection (b)(10); and
            ``(2) the payments will not be expended--
                    ``(A) to support emergency shelters or construction 
                of housing facilities;
                    ``(B) for inpatient psychiatric treatment costs or 
                inpatient substance use disorder treatment costs; or
                    ``(C) to make cash payments to intended recipients 
                of mental health or substance use disorder services.
    ``(i) Waiver for Territories.--With respect to the United States 
Virgin Islands, Guam, American Samoa, Palau, the Marshall Islands, and 
the Commonwealth of the Northern Mariana Islands, the Secretary may 
waive the provisions of this part that the Secretary determines to be 
appropriate.

``SEC. 543. REQUIREMENT OF MATCHING FUNDS.

    ``(a) In General.--The Secretary may not make payments under 
section 541 unless, with respect to the costs of providing services 
pursuant to section 542, the State involved agrees to 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 such payments.
    ``(b) Determination of Amount.--Non-Federal contributions required 
in subsection (a) may be in cash or in kind, fairly evaluated, 
including plant, equipment, or services. Amounts provided by the 
Federal Government, or services assisted or subsidized to any 
significant extent by the Federal Government, shall not be included in 
determining the amount of such non-Federal contributions.
    ``(c) Limitation Regarding Grants by States.--The Secretary may not 
make payments under section 541 unless the State involved agrees that 
the State will not require the entities to which grants are provided 
pursuant to section 542(a) to provide non-Federal contributions in 
excess of the non-Federal contributions described in subsection (a).

``SEC. 544. DETERMINATION OF AMOUNT OF ALLOTMENT.

    ``(a) Determination Under Formula.--Subject to subsection (b), the 
allotment required in section 541 for a State for a fiscal year is the 
product of--
            ``(1) an amount equal to the amount appropriated for 
        allotments under section 555 for the fiscal year; and
            ``(2) a percentage equal to the quotient of--
                    ``(A) an amount equal to the population living in 
                urbanized areas of the State involved, as indicated by 
                the most recent data collected by the Bureau of the 
                Census; and
                    ``(B) an amount equal to the population living in 
                urbanized areas of the United States, as indicated by 
                the sum of the respective amounts determined for the 
                States under subparagraph (A).
    ``(b) Minimum Allotment.--
            ``(1) In general.--Subject to paragraph (2), the allotment 
        for a State under section 541 for a fiscal year shall, at a 
        minimum, be the greater of--
                    ``(A) the amount the State received under section 
                541 in fiscal year 2007; and
                    ``(B) $600,000 for each of the several States, the 
                District of Columbia, and the Commonwealth of Puerto 
                Rico, and $100,000 for each of Guam, the Virgin 
                Islands, American Samoa, and the Commonwealth of the 
                Northern Mariana Islands.
            ``(2) Condition.--If the funds appropriated in any fiscal 
        year under section 555 are insufficient to ensure that States 
        receive a minimum allotment in accordance with paragraph (1), 
        then--
                    ``(A) no State shall receive less than the amount 
                they received in fiscal year 2007; and
                    ``(B) any funds remaining after amounts are 
                provided under subparagraph (A) shall be used to meet 
                the requirement of paragraph (1)(B), to the maximum 
                extent possible.
    ``(c) Study Concerning Formula.--Not later than 1 year after the 
date of enactment of the SAMHSA Modernization Act of 2010, the 
Administrator shall conduct a study concerning the formula used for 
allotments under subsection (a). Such study shall include an evaluation 
of quality indicators of need for purposes of revising such formula for 
determinations of the amount of subsequent allotments. The 
Administrator shall submit to the appropriate committees of Congress, a 
report concerning the results of such study.

``SEC. 545. CONVERSION TO CATEGORICAL PROGRAM IN EVENT OF FAILURE OF 
              STATE REGARDING EXPENDITURE OF GRANTS.

    ``(a) In General.--Subject to subsection (c), the Secretary shall, 
from the amounts specified in subsection (b), make grants to public and 
nonprofit private entities for the purpose of providing to eligible 
homeless individuals the services specified in section 542(b).
    ``(b) Specification of Funds.--The amounts referred to in 
subsection (a) are any amounts made available in appropriations Acts 
for allotments under section 541 that are not paid to a State as a 
result of--
            ``(1) the failure of the State to submit an application 
        under section 549;
            ``(2) the failure of the State, in the determination of the 
        Secretary, to prepare the application in accordance with such 
        section or to submit the application within a reasonable period 
        of time; or
            ``(3) the State informing the Secretary that the State does 
        not intend to expend the full amount of the allotment made to 
        the State.
    ``(c) Requirement of Provision of Services in State Involved.--With 
respect to grants under subsection (a), amounts made available under 
subsection (b) as a result of the State involved shall be available 
only for grants to provide services in such State.

``SEC. 546. PROVISION OF CERTAIN INFORMATION FROM STATE.

    ``The Secretary may not make payments under section 541 to a State 
unless, as part of the application required in section 549, the State 
submits to the Secretary a statement--
            ``(1) identifying existing programs providing services and 
        housing to eligible homeless individuals and identify gaps in 
        the delivery systems of such programs;
            ``(2) containing a plan for providing services and housing 
        to eligible homeless individuals, which plan--
                    ``(A) describes the coordinated and comprehensive 
                means of providing services and housing to homeless 
                individuals; and
                    ``(B) includes documentation that suitable housing 
                for eligible homeless individuals will accompany the 
                provision of services to such individuals;
            ``(3) describes the source of the non-Federal contributions 
        described in section 543;
            ``(4) contains assurances that the non-Federal 
        contributions described in section 543 will be available at the 
        beginning of the grant period;
            ``(5) describe any voucher system that may be used to carry 
        out this part; and
            ``(6) contain such other information or assurances as the 
        Secretary may reasonably require.

``SEC. 547. DESCRIPTION OF INTENDED EXPENDITURES OF GRANT.

    ``(a) In General.--The Secretary may not make payments under 
section 541 unless--
            ``(1) as part of the application required in section 549, 
        the State involved submits to the Secretary a description of 
        the intended use for the fiscal year of the amounts for which 
        the State is applying pursuant to such section;
            ``(2) such description identifies the geographic areas 
        within the State in which the greatest numbers of homeless 
        individuals with a need for mental health, substance use 
        disorder, and housing services are located;
            ``(3) such description provides information relating to the 
        programs and activities to be supported and services to be 
        provided, including information relating to coordinating such 
        programs and activities with any similar programs and 
        activities of public and private entities; and
            ``(4) the State agrees that such description will be 
        revised throughout the year as may be necessary to reflect 
        substantial changes in the programs and activities assisted by 
        the State pursuant to section 542.
    ``(b) Opportunity for Public Comment.--The Secretary may not make 
payments under section 541 unless the State involved agrees that, in 
developing and carrying out the description required in subsection (a), 
the State will provide public notice with respect to the description 
(including any revisions) and such opportunities as may be necessary to 
provide interested persons, such as family members, consumers, and 
mental health, substance use disorder, and housing agencies, an 
opportunity to present comments and recommendations with respect to the 
description.
    ``(c) Relationship to State Comprehensive Mental Health Services 
Plan.--
            ``(1) In general.--The Secretary may not make payments 
        under section 541 unless the services to be provided pursuant 
        to the description required in subsection (a) are consistent 
        with the State comprehensive mental health services plan 
        required in subpart I of part B of title XIX.
            ``(2) Special rule.--The Secretary may not make payments 
        under section 541 unless the services to be provided pursuant 
        to the description required in subsection (a) have been 
        considered in the preparation of, have been included in, and 
        are consistent with, the State comprehensive mental health 
        services plan referred to in paragraph (1).

``SEC. 548. REQUIREMENT OF REPORTS BY STATES.

    ``(a) In General.--The Secretary may not make payments under 
section 541 unless the State involved agrees that, by not later than 
January 31 of each fiscal year, the State will prepare and submit to 
the Secretary a report in such form and containing such information as 
the Secretary determines (after consultation with the Administrator of 
the Substance Abuse and Mental Health Services Administration) to be 
necessary for--
            ``(1) securing a record and a description of the purposes 
        for which amounts received under section 541 were expended 
        during the preceding fiscal year and of the recipients of such 
        amounts; and
            ``(2) determining whether such amounts were expended in 
        accordance with the provisions of this part.
    ``(b) Availability to Public of Reports.--The Secretary may not 
make payments under section 541 unless the State involved agrees to 
make copies of the reports described in subsection (a) available for 
public inspection.
    ``(c) Evaluations by Comptroller General.--The Administrator of the 
Substance Abuse and Mental Health Services Administration shall 
evaluate at least once every 3 years the expenditures of grants under 
this part by eligible entities in order to ensure that expenditures are 
consistent with the provisions of this part, and shall include in such 
evaluation recommendations regarding changes needed in program design 
or operations.

``SEC. 549. REQUIREMENT OF APPLICATION.

    ``The Secretary may not make payments under section 541 unless the 
State involved--
            ``(1) submits to the Secretary an application for the 
        payments containing agreements and information in accordance 
        with this part;
            ``(2) the agreements are made through certification from 
        the chief executive officer of the State; and
            ``(3) the application otherwise is in such form, is made in 
        such manner, and contains such agreements, assurances, and 
        information as the Secretary determines to be necessary to 
        carry out this part.

``SEC. 550. TECHNICAL ASSISTANCE.

    ``The Secretary, through the Administrator, shall provide technical 
assistance to eligible entities in developing planning and operating 
programs in accordance with the provisions of this part.

``SEC. 551. FAILURE TO COMPLY WITH AGREEMENTS.

    ``(a) Repayment of Payments.--
            ``(1) The Secretary may, subject to subsection (c), require 
        a State to repay any payments received by the State under 
        section 541 that the Secretary determines were not expended by 
        the State in accordance with the agreements required to be 
        contained in the application submitted by the State pursuant to 
        section 549.
            ``(2) If a State fails to make a repayment required in 
        paragraph (1), the Secretary may offset the amount of the 
        repayment against the amount of any payment due to be paid to 
        the State under section 541.
    ``(b) Withholding of Payments.--
            ``(1) The Secretary may, subject to subsection (c), 
        withhold payments due under section 541 if the Secretary 
        determines that the State involved is not expending amounts 
        received under such section in accordance with the agreements 
        required to be contained in the application submitted by the 
        State pursuant to section 549.
            ``(2) The Secretary shall cease withholding payments from a 
        State under paragraph (1) if the Secretary determines that 
        there are reasonable assurances that the State will expend 
        amounts received under section 541 in accordance with the 
        agreements referred to in such paragraph.
            ``(3) The Secretary may not withhold funds under paragraph 
        (1) from a State for a minor failure to comply with the 
        agreements referred to in such paragraph.
    ``(c) Opportunity for Hearing.--Before requiring repayment of 
payments under subsection (a)(1), or withholding payments under 
subsection (b)(1), the Secretary shall provide to the State an 
opportunity for a hearing.
    ``(d) Rule of Construction.--Notwithstanding any other provision of 
this part, a State receiving payments under section 541 may not, with 
respect to any agreements required to be contained in the application 
submitted under section 549, be considered to be in violation of any 
such agreements by reason of the fact that the State, in the regular 
course of providing services under section 542(b) to eligible homeless 
individuals, incidentally provides services to homeless individuals who 
are not eligible homeless individuals.

``SEC. 552. PROHIBITION AGAINST CERTAIN FALSE STATEMENTS.

    ``(a) In General.--
            ``(1) A person may not knowingly make or cause to be made 
        any false statement or representation of a material fact in 
        connection with the furnishing of items or services for which 
        amounts may be paid by a State from payments received by the 
        State under section 541.
            ``(2) A person with knowledge of the occurrence of any 
        event affecting the right of the person to receive any amounts 
        from payments made to the State under section 541 may not 
        conceal or fail to disclose any such event with the intent of 
        securing such an amount that the person is not authorized to 
        receive or securing such an amount in an amount greater than 
        the amount the person is authorized to receive.
    ``(b) Criminal Penalty for Violation of Prohibition.--Any person 
who violates a prohibition established in subsection (a) may for each 
violation be fined in accordance with title 18, United States Code, or 
imprisoned for not more than 5 years, or both.

``SEC. 553. NONDISCRIMINATION.

    ``(a) In General.--
            ``(1) Rule of construction regarding certain civil rights 
        laws.--For the purpose of applying the prohibitions against 
        discrimination on the basis of age under the Age Discrimination 
        Act of 1975, on the basis of handicap under section 504 of the 
        Rehabilitation Act of 1973, on the basis of sex under title IX 
        of the Education Amendments of 1972, or on the basis of race, 
        color, or national origin under title VI of the Civil Rights 
        Act of 1964, programs and activities funded in whole or in part 
        with funds made available under section 541 shall be considered 
        to be programs and activities receiving Federal financial 
        assistance.
            ``(2) Prohibition.--No person shall on the ground of sex or 
        religion be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under, any 
        program or activity funded in whole or in part with funds made 
        available under section 541.
    ``(b) Enforcement.--
            ``(1) Referrals to attorney general after notice.--Whenever 
        the Secretary finds that a State, or an entity that has 
        received a payment pursuant to section 541, has failed to 
        comply with a provision of law referred to in subsection 
        (a)(1), with subsection (a)(2), or with an applicable 
        regulation (including one prescribed to carry out subsection 
        (a)(2)), the Secretary shall notify the chief executive officer 
        of the State and shall request the chief executive officer to 
        secure compliance. If within a reasonable period of time, not 
        to exceed 60 days, the chief executive officer fails or refuses 
        to secure compliance, the Secretary may--
                    ``(A) refer the matter to the Attorney General with 
                a recommendation that an appropriate civil action be 
                instituted;
                    ``(B) exercise the powers and functions provided by 
                the Age Discrimination Act of 1975, section 504 of the 
                Rehabilitation Act of 1973, title IX of the Education 
                Amendments of 1972, or title VI of the Civil Rights Act 
                of 1964, as may be applicable; or
                    ``(C) take such other actions as may be authorized 
                by law.
            ``(2) Authority of attorney general.--When a matter is 
        referred to the Attorney General pursuant to paragraph (1)(A), 
        or whenever the Attorney General has reason to believe that a 
        State or an entity is engaged in a pattern or practice in 
        violation of a provision of law referred to in subsection 
        (a)(1) or in violation of subsection (a)(2), the Attorney 
        General may bring a civil action in any appropriate district 
        court of the United States for such relief as may be 
        appropriate, including injunctive relief.

``SEC. 554. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Eligible homeless individual.--The term `eligible 
        homeless individual' means an individual described in section 
        542(a).
            ``(2) Homeless individual.--The term `homeless individual' 
        has the meaning given such term in section 330(h)(5)(A).
            ``(3) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(4) Substance use disorder services.--The term `substance 
        use disorder services' has the meaning given the term 
        `substance abuse services' in section 330(h)(5)(C).

``SEC. 555. FUNDING.

    ``(a) Authorization of Appropriations.--For the purpose of carrying 
out this part, there is authorized to be appropriated $75,000,000 for 
each of the fiscal years 2011 through 2015.
    ``(b) Allocation for Technical Assistance.--For purposes of 
carrying out section 550, the Administrator shall obligate 2 percent of 
the amounts appropriated under subsection (a) for a fiscal year.

``PART D--MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE USE DISORDERS 
                           AND MENTAL ILLNESS

``SEC. 561. SUBSTANCE USE DISORDERS AMONG GOVERNMENT AND OTHER 
              EMPLOYEES.

    ``(a) Programs and Services.--
            ``(1) Development.--The Secretary, acting through the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration, shall be responsible for fostering substance 
        use disorder prevention and treatment programs and services in 
        State and local governments and in private industry.
            ``(2) Model programs.--
                    ``(A) In general.--Consistent with the 
                responsibilities described in paragraph (1), the 
                Secretary, acting through the Administrator of the 
                Substance Abuse and Mental Health Services 
                Administration, shall develop a variety of model 
                programs suitable for replication on a cost-effective 
                basis in different types of business concerns and State 
                and local governmental entities.
                    ``(B) Dissemination of information.--The Secretary, 
                acting through the Administrator of the Substance Abuse 
                and Mental Health Services Administration, shall 
                disseminate information and materials relative to such 
                model programs to the State agencies responsible for 
                the administration of substance use disorder 
                prevention, treatment, and rehabilitation activities 
                and shall, to the extent feasible provide technical 
                assistance to such agencies as requested.
    ``(b) Deprivation of Employment.--
            ``(1) Prohibition.--No person may be denied or deprived of 
        Federal civilian employment or a Federal professional or other 
        license or right solely on the grounds of prior substance use 
        disorders.
            ``(2) Application.--This subsection shall not apply to 
        employment in--
                    ``(A) the Central Intelligence Agency;
                    ``(B) the Federal Bureau of Investigation;
                    ``(C) the National Security Agency;
                    ``(D) any other department or agency of the Federal 
                Government designated for purposes of national security 
                by the President; or
                    ``(E) in any position in any department or agency 
                of the Federal Government, not referred to in 
                subparagraphs (A) through (D), which position is 
                determined pursuant to regulations prescribed by the 
                head of such agency or department to be a sensitive 
                position.
            ``(3) Rehabilitation act.--The inapplicability of the 
        prohibition described in paragraph (1) to the employment 
        described in paragraph (2) shall not be construed to reflect on 
        the applicability of the Rehabilitation Act of 1973 or other 
        anti-discrimination laws to such employment.
    ``(c) Construction.--This section shall not be construed to 
prohibit the dismissal from employment of a Federal civilian employee 
who cannot properly function in his employment.

``SEC. 562. ADMISSION OF SUBSTANCE ABUSERS TO PRIVATE AND PUBLIC 
              HOSPITALS AND OUTPATIENT FACILITIES.

    ``(a) Nondiscrimination.--Substance abusers who are suffering from 
medical conditions shall not be discriminated against in admission or 
treatment, solely because of their substance use disorder, by any 
private or public general hospital, or outpatient facility (as defined 
in section 1624(4)) which receives support in any form from any program 
supported in whole or in part by funds appropriated to any Federal 
department or agency.
    ``(b) Regulations.--
            ``(1) In general.--The Secretary shall issue regulations 
        for the enforcement of the policy of subsection (a) with 
        respect to the admission and treatment of substance abusers in 
        hospitals and outpatient facilities which receive support of 
        any kind from any program administered by the Secretary. Such 
        regulations shall include procedures for determining (after 
        opportunity for a hearing if requested) if a violation of 
        subsection (a) has occurred, notification of failure to comply 
        with such subsection, and opportunity for a violator to comply 
        with such subsection. If the Secretary determines that a 
        hospital or outpatient facility subject to such regulations has 
        violated subsection (a) and such violation continues after an 
        opportunity has been afforded for compliance, the Secretary may 
        suspend or revoke, after opportunity for a hearing, all or part 
        of any support of any kind received by such hospital from any 
        program administered by the Secretary. The Secretary may 
        consult with the officials responsible for the administration 
        of any other Federal program from which such hospital or 
        outpatient facility receives support of any kind, with respect 
        to the suspension or revocation of such other Federal support 
        for such hospital or outpatient facility.
            ``(2) Department of veterans affairs.--The Secretary of 
        Veterans Affairs, acting through the Under Secretary for 
        Health, shall, to the maximum feasible extent consistent with 
        their responsibilities under title 38, United States Code, 
        prescribe regulations making applicable the regulations 
        prescribed by the Secretary under paragraph (1) to the 
        provision of hospital care, nursing home care, domiciliary 
        care, and medical services under such title 38 to veterans 
        suffering from substance use disorders. In prescribing and 
        implementing regulations pursuant to this paragraph, the 
        Secretary shall, from time to time, consult with the Secretary 
        of Health and Human Services in order to achieve the maximum 
        possible coordination of the regulations, and the 
        implementation thereof, which they each prescribe.

``SEC. 563. CONFIDENTIALITY OF RECORDS.

    ``(a) Requirement.--Records of the identity, diagnosis, prognosis, 
or treatment of any patient which are maintained in connection with the 
performance of any program or activity relating to substance use 
disorder education, prevention, training, treatment, rehabilitation, or 
research, which is conducted, regulated, or directly or indirectly 
assisted by any department or agency of the United States shall, except 
as provided in subsection (e), be confidential and be disclosed only 
for the purposes and under the circumstances expressly authorized under 
subsection (b).
    ``(b) Permitted Disclosure.--
            ``(1) Consent.--The content of any record referred to in 
        subsection (a) may be disclosed in accordance with the prior 
        written consent of the patient with respect to whom such record 
        is maintained, but only to such extent, under such 
        circumstances, and for such purposes as may be allowed under 
        regulations prescribed pursuant to subsection (g).
            ``(2) Method for disclosure.--Whether or not the patient, 
        with respect to whom any given record referred to in subsection 
        (a) is maintained, gives written consent, the content of such 
        record may be disclosed as follows:
                    ``(A) To medical personnel to the extent necessary 
                to meet a bona fide medical emergency.
                    ``(B) To qualified personnel for the purpose of 
                conducting scientific research, management audits, 
                financial audits, or program evaluation, but such 
                personnel may not identify, directly or indirectly, any 
                individual patient in any report of such research, 
                audit, or evaluation, or otherwise disclose patient 
                identities in any manner.
                    ``(C) If authorized by an appropriate order of a 
                court of competent jurisdiction granted after 
                application showing good cause therefore, including the 
                need to avert a substantial risk of death or serious 
                bodily harm. In assessing good cause the court shall 
                weigh the public interest and the need for disclosure 
                against the injury to the patient, to the physician-
                patient relationship, and to the treatment services. 
                Upon the granting of such order, the court, in 
                determining the extent to which any disclosure of all 
                or any part of any record is necessary, shall impose 
                appropriate safeguards against unauthorized disclosure.
    ``(c) Use of Records in Criminal Proceedings.--Except as authorized 
by a court order granted under subsection (b)(2)(C), no record referred 
to in subsection (a) may be used to initiate or substantiate any 
criminal charges against a patient or to conduct any investigation of a 
patient.
    ``(d) Application.--The prohibitions of this section continue to 
apply to records concerning any individual who has been a patient, 
irrespective of whether or when such individual ceases to be a patient.
    ``(e) Nonapplicability.--The prohibitions of this section do not 
apply to any interchange of records--
            ``(1) within the Uniformed Services or within those 
        components of the Department of Veterans Affairs furnishing 
        health care to veterans; or
            ``(2) between such components and the Uniformed Services.
The prohibitions of this section do not apply to the reporting under 
State law of incidents of suspected child abuse and neglect to the 
appropriate State or local authorities.
    ``(f) Penalties.--Any person who violates any provision of this 
section or any regulation issued pursuant to this section shall be 
fined in accordance with title 18, United States Code.
    ``(g) Regulations.--Except as provided in subsection (h), the 
Secretary shall prescribe regulations to carry out the purposes of this 
section. Such regulations may contain such definitions, and may provide 
for such safeguards and procedures, including procedures and criteria 
for the issuance and scope of orders under subsection (b)(2)(C), as in 
the judgment of the Secretary are necessary or proper to effectuate the 
purposes of this section, to prevent circumvention or evasion thereof, 
or to facilitate compliance therewith.
    ``(h) Application to Department of Veterans Affairs.--The Secretary 
of Veterans Affairs, acting through the Chief Medical Director, shall, 
to the maximum feasible extent consistent with their responsibilities 
under title 38, United States Code, prescribe regulations making 
applicable the regulations prescribed by the Secretary of Health and 
Human Services under subsection (g) of this section to records 
maintained in connection with the provision of hospital care, nursing 
home care, domiciliary care, and medical services under such title 38 
to veterans suffering from substance use disorders. In prescribing and 
implementing regulations pursuant to this subsection, the Secretary of 
Veterans Affairs shall, from time to time, consult with the Secretary 
of Health and Human Services in order to achieve the maximum possible 
coordination of the regulations, and the implementation thereof, which 
they each prescribe.

         ``PART E--CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES

``SEC. 571. COMPREHENSIVE COMMUNITY MENTAL HEALTH SERVICES FOR CHILDREN 
              WITH SERIOUS EMOTIONAL DISTURBANCES.

    ``(a) Grants to Certain Public Entities.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Center for Mental Health Services, shall make 
        grants to public entities for the purpose of providing 
        comprehensive community mental health services to children with 
        a serious emotional disturbance, which may include efforts to 
        identify and serve children at risk.
            ``(2) Definition of public entity.--For purposes of this 
        part, the term `public entity' means any State, any political 
        subdivision of a State, 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).
    ``(b) Considerations in Making Grants.--
            ``(1) Requirement of status as grantee under part B of 
        title XIX.--The Secretary may make a grant under subsection (a) 
        to a public entity only if--
                    ``(A) in the case of a public entity that is a 
                State, the State is such a grantee under section 1911;
                    ``(B) in the case of a public entity that is a 
                political subdivision of a State, the State in which 
                the political subdivision is located is such a grantee; 
                and
                    ``(C) in the case of a public entity that is an 
                Indian tribe or tribal organization, the State in which 
                the tribe or tribal organization is located is such a 
                grantee.
            ``(2) Requirement of status as medicaid provider.--
                    ``(A) Subject to subparagraph (B), the Secretary 
                may make a grant under subsection (a) only if, in the 
                case of any service under such subsection that is 
                covered in the State plan approved under title XIX of 
                the Social Security Act for the State involved--
                            ``(i) the public entity involved will 
                        provide the service directly, and the entity 
                        has entered into a participation agreement 
                        under the State plan and is qualified to 
                        receive payments under such plan; or
                            ``(ii) the public entity will enter into an 
                        agreement with an organization under which the 
                        organization will provide the service, and the 
                        organization has entered into such a 
                        participation agreement and is qualified to 
                        receive such payments.
                    ``(B)(i) In the case of an organization making an 
                agreement under subparagraph (A)(ii) regarding the 
                provision of services under subsection (a), the 
                requirement established in such subparagraph regarding 
                a participation agreement shall be waived by the 
                Secretary if the organization does not, in providing 
                health or mental health services, impose a charge or 
                accept reimbursement available from any third-party 
                payor, including reimbursement under any insurance 
                policy or under any Federal or State health benefits 
                program.
                    ``(ii) A determination by the Secretary of whether 
                an organization referred to in clause (i) meets the 
                criteria for a waiver under such clause shall be made 
                without regard to whether the organization accepts 
                voluntary donations regarding the provision of services 
                to the public.
            ``(3) Certain considerations.--In making grants under 
        subsection (a), the Secretary shall--
                    ``(A) equitably allocate such assistance among the 
                principal geographic regions of the United States;
                    ``(B) consider the extent to which the public 
                entity involved has a need for the grant; and
                    ``(C) in the case of any public entity that is a 
                political subdivision of a State or that is an Indian 
                tribe or tribal organization--
                            ``(i) shall consider any comments regarding 
                        the application of the entity for such a grant 
                        that are received by the Secretary from the 
                        State in which the entity is located; and
                            ``(ii) shall give special consideration to 
                        the entity if the State agrees to provide a 
                        portion of the non-Federal contributions 
                        required in subsection (c) regarding such a 
                        grant.
    ``(c) Matching Funds.--
            ``(1) In general.--A funding agreement for a grant under 
        subsection (a) is that the public entity involved 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--
                    ``(A) for the first fiscal year for which the 
                entity receives payments from a grant under such 
                subsection, is not less than $1 for each $3 of Federal 
                funds provided in the grant;
                    ``(B) for any second or third such fiscal year, is 
                not less than $1 for each $3 of Federal funds provided 
                in the grant;
                    ``(C) for any fourth such fiscal year, is not less 
                than $1 for each $1 of Federal funds provided in the 
                grant; and
                    ``(D) for any fifth and sixth such fiscal year, is 
                not less than $2 for each $1 of Federal funds provided 
                in the grant.
            ``(2) Determination of amount contributed.--
                    ``(A) Non-Federal contributions required in 
                paragraph (1) may be in cash or in kind, fairly 
                evaluated, including plant, equipment, or services. 
                Amounts provided by the Federal Government, or services 
                assisted or subsidized to any significant extent by the 
                Federal Government, may not be included in determining 
                the amount of such non-Federal contributions.
                    ``(B) In making a determination of the amount of 
                non-Federal contributions for purposes of subparagraph 
                (A), the Secretary may include only non-Federal 
                contributions in excess of the average amount of non-
                Federal contributions made by the public entity 
                involved toward the purpose described in subsection (a) 
                for the 2-year period preceding the first fiscal year 
                for which the entity receives a grant under such 
                section.
            ``(3) Waiver regarding native american and alaskan native 
        tribes and tribal organizations.--In the case of a grantee that 
        is a Native Americans or Alaskan Native tribe or tribal 
        organization, the Secretary may waive, in whole or in part, the 
        requirements of this subsection.

``SEC. 572. REQUIREMENTS WITH RESPECT TO CARRYING OUT PURPOSE OF 
              GRANTS.

    ``(a) Systems of Comprehensive Care.--
            ``(1) In general.--A funding agreement for a grant under 
        section 571(a) is that, with respect to children with a serious 
        emotional disturbance, the public entity involved will carry 
        out the purpose described in such section only through 
        establishing and operating 1 or more systems of care for making 
        each of the mental health services specified in subsection (c) 
        available to each child provided access to the system. In 
        providing for such a system, the public entity may make grants 
        to, and enter into contracts with, public and nonprofit private 
        entities.
            ``(2) Structure of system.--A funding agreement for a grant 
        under section 571(a) is that a system of care under paragraph 
        (1) will--
                    ``(A) be established in a community selected by the 
                public entity involved;
                    ``(B) consist of such public agencies and nonprofit 
                private entities in the community as are necessary to 
                ensure that each of the services specified in 
                subsection (c) is available to each child provided 
                access to the system;
                    ``(C) be established pursuant to agreements that 
                the public entity enters into with the agencies and 
                entities described in subparagraph (B);
                    ``(D) coordinate the provision of the services of 
                the system; and
                    ``(E) establish an office whose functions are to 
                serve as the location through which children are 
                provided access to the system, to coordinate the 
                provision of services of the system, and to provide 
                information to the public regarding the system.
            ``(3) Collaboration of local public entities.--A funding 
        agreement for a grant under section 571(a) is that, for 
        purposes of the establishment and operation of a system of care 
        under paragraph (1), the public entity involved will seek 
        collaboration among all public agencies that provide human 
        services in the community in which the system is established, 
        including but not limited to those providing mental health 
        services, educational services, child welfare services, or 
        juvenile justice services.
    ``(b) Limitation on Age of Children Provided Access to System.--A 
funding agreement for a grant under section 571(a) is that a system of 
care under subsection (a) will provide an individual with access to the 
system through the age of 21 years.
    ``(c) Required Mental Health Services of System.--A funding 
agreement for a grant under section 571(a) is that mental health 
services provided by a system of care under subsection (a) will 
include, with respect to a serious emotional disturbance in a child--
            ``(1) diagnostic and evaluation services;
            ``(2) outpatient services provided in a clinic, office, 
        school or other appropriate location, including individual, 
        group and family counseling services, professional 
        consultation, and review and management of medications;
            ``(3) emergency services, available 24-hours a day, 7 days 
        a week;
            ``(4) intensive home-based services for children and their 
        families when the child is at imminent risk of out-of-home 
        placement;
            ``(5) intensive day-treatment services;
            ``(6) respite care;
            ``(7) therapeutic foster care services, and services in 
        therapeutic foster family homes or individual therapeutic 
        residential homes, and groups homes caring for not more than 10 
        children; and
            ``(8) assisting the child in making the transition from the 
        services received as a child to the services to be received as 
        an adult.
    ``(d) Required Arrangements Regarding Other Appropriate Services.--
            ``(1) In general.--A funding agreement for a grant under 
        section 571(a) is that--
                    ``(A) a system of care under subsection (a) will 
                enter into a memorandum of understanding with each of 
                the providers specified in paragraph (2) in order to 
                facilitate the availability of the services of the 
                provider involved to each child provided access to the 
                system; and
                    ``(B) the grant under such section 571(a), and the 
                non-Federal contributions made with respect to the 
                grant, will not be expended to pay the costs of 
                providing such non-mental health services to any 
                individual.
            ``(2) Specification of non-mental health services.--The 
        providers referred to in paragraph (1) are providers of medical 
        services other than mental health services, providers of 
        educational services, providers of vocational counseling and 
        vocational rehabilitation services, and providers of protection 
        and advocacy services with respect to mental health.
            ``(3) Facilitation of services of certain programs.--A 
        funding agreement for a grant under section 571(a) is that a 
        system of care under subsection (a) will, for purposes of 
        paragraph (1), enter into a memorandum of understanding 
        regarding facilitation of--
                    ``(A) services available pursuant to title XIX of 
                the Social Security Act, including services regarding 
                early periodic screening, diagnosis, and treatment;
                    ``(B) services available under parts B and C of the 
                Individuals with Disabilities Education Act; and
                    ``(C) services available under other appropriate 
                programs, as identified by the Secretary.
    ``(e) General Provisions Regarding Services of System.--
            ``(1) Case management services.--A funding agreement for a 
        grant under section 571(a) is that a system of care under 
        subsection (a) will provide for the case management of each 
        child provided access to the system in order to ensure that--
                    ``(A) the services provided through the system to 
                the child are coordinated and that the need of each 
                such child for the services is periodically reassessed;
                    ``(B) information is provided to the family of the 
                child on the extent of progress being made toward the 
                objectives established for the child under the plan of 
                services implemented for the child pursuant to section 
                573; and
                    ``(C) the system provides assistance with respect 
                to--
                            ``(i) establishing the eligibility of the 
                        child, and the family of the child, for 
                        financial assistance and services under 
                        Federal, State, or local programs providing for 
                        health services, mental health services, 
                        educational services, social services, or other 
                        services; and
                            ``(ii) seeking to ensure that the child 
                        receives appropriate services available under 
                        such programs.
            ``(2) Other provisions.--A funding agreement for a grant 
        under section 571(a) is that a system of care under subsection 
        (a), in providing the services of the system, will--
                    ``(A) provide the services of the system in the 
                cultural context that is most appropriate for the child 
                and family involved;
                    ``(B) ensure that individuals providing such 
                services to the child can effectively communicate with 
                the child and family in the most direct manner;
                    ``(C) provide the services without discriminating 
                against the child or the family of the child on the 
                basis of race, religion, national origin, sex, 
                disability, or age;
                    ``(D) seek to ensure that each child provided 
                access to the system of care remains in the least 
                restrictive, most normative environment that is 
                clinically appropriate; and
                    ``(E) provide outreach services to inform 
                individuals, as appropriate, of the services available 
                from the system, including identifying children with a 
                serious emotional disturbance who are in the early 
                stages of such disturbance.
            ``(3) Rule of construction.--An agreement made under 
        paragraph (2) may not be construed--
                    ``(A) with respect to subparagraph (C) of such 
                paragraph--
                            ``(i) to prohibit a system of care under 
                        subsection (a) from requiring that, in housing 
                        provided by the grantee for purposes of 
                        residential treatment services authorized under 
                        subsection (c), males and females be segregated 
                        to the extent appropriate in the treatment of 
                        the children involved; or
                            ``(ii) to prohibit the system of care from 
                        complying with the agreement made under 
                        subsection (b); or
                    ``(B) with respect to subparagraph (D) of such 
                paragraph, to authorize the system of care to expend 
                the grant under section 571(a) (or the non-Federal 
                contributions made with respect to the grant) to 
                provide legal services or any service with respect to 
                which expenditures regarding the grant are prohibited 
                under subsection (d)(1)(B).
    ``(f) Restrictions on Use of Grant.--A funding agreement for a 
grant under section 571(a) is that the grant, and the non-Federal 
contributions made with respect to the grant, will not be expended--
            ``(1) to purchase or improve real property (including the 
        construction or renovation of facilities);
            ``(2) to provide for room and board in residential programs 
        serving 10 or fewer children;
            ``(3) to provide for room and board or other services or 
        expenditures associated with care of children in residential 
        treatment centers serving more than 10 children or in inpatient 
        hospital settings, except intensive home-based services and 
        other services provided on an ambulatory or outpatient basis; 
        or
            ``(4) to provide for the training of any individual, except 
        training authorized in section 574(a)(2) and training provided 
        through any appropriate course in continuing education whose 
        duration does not exceed 2 days.
    ``(g) Waivers.--The Secretary may waive one or more of the 
requirements of subsection (c) for a public entity that is an Indian 
Tribe or tribal organization, or American Samoa, Guam, the Marshall 
Islands, the Federated States of Micronesia, the Commonwealth of the 
Northern Mariana Islands, the Republic of Palau, or the United States 
Virgin Islands if the Secretary determines, after peer review, that the 
system of care is family-centered and uses the least restrictive 
environment that is clinically appropriate.

``SEC. 573. INDIVIDUALIZED PLAN FOR SERVICES.

    ``(a) In General.--A funding agreement for a grant under section 
571(a) is that a system of care under section 572(a) will develop and 
carry out an individualized plan of services for each child provided 
access to the system, and that the plan will be developed and carried 
out with the participation of the family of the child and, unless 
clinically inappropriate, with the participation of the child.
    ``(b) Multidisciplinary Team.--A funding agreement for a grant 
under section 571(a) is that the plan required in subsection (a) will 
be developed, and reviewed and as appropriate revised not less than 
once each year, by a multidisciplinary team of appropriately qualified 
individuals who provide services through the system, including as 
appropriate mental health services, other health services, educational 
services, social services, and vocational counseling and 
rehabilitation;
    ``(c) Coordination With Services Under Individuals With 
Disabilities Education Act.--A funding agreement for a grant under 
section 571(a) is that, with respect to a plan under subsection (a) for 
a child, the multidisciplinary team required in subsection (b) will--
            ``(1) in developing, carrying out, reviewing, and revising 
        the plan consider any individualized education program in 
        effect for the child pursuant to part B of the Individuals with 
        Disabilities Education Act;
            ``(2) ensure that the plan is consistent with such 
        individualized education program and provides for coordinating 
        services under the plan with services under such program; and
            ``(3) ensure that the memorandum of understanding entered 
        into under section 572(d)(3)(B) regarding such Act includes 
        provisions regarding compliance with this subsection.
    ``(d) Contents of Plan.--A funding agreement for a grant under 
section 571(a) is that the plan required in subsection (a) for a child 
will--
            ``(1) identify and state the needs of the child for the 
        services available pursuant to section 572 through the system;
            ``(2) provide for each of such services that is appropriate 
        to the circumstances of the child, including, except in the 
        case of children who are less than 14 years of age, the 
        provision of appropriate vocational counseling and 
        rehabilitation, and transition services (as defined in section 
        602 of the Individuals with Disabilities Education Act);
            ``(3) establish objectives to be achieved regarding the 
        needs of the child and the methodology for achieving the 
        objectives; and
            ``(4) designate an individual to be responsible for 
        providing the case management required in section 572(e)(1) or 
        certify that case management services will be provided to the 
        child as part of the individualized education program of the 
        child under the Individuals with Disabilities Education Act.

``SEC. 574. ADDITIONAL PROVISIONS.

    ``(a) Optional Services.--In addition to services described in 
subsection (c) of section 572, a system of care under subsection (a) of 
such section may, in expending a grant under section 571(a), provide 
for--
            ``(1) preliminary assessments to determine whether a child 
        should be provided access to the system;
            ``(2) training in--
                    ``(A) the administration of the system;
                    ``(B) the provision of intensive home-based 
                services under paragraph (4) of section 572(c), 
                intensive day treatment under paragraph (5) of such 
                section, and foster care or group homes under paragraph 
                (7) of such section; and
                    ``(C) the development of individualized plans for 
                purposes of section 573;
            ``(3) recreational activities for children provided access 
        to the system; and
            ``(4) such other services as may be appropriate in 
        providing for the comprehensive needs with respect to mental 
        health of children with a serious emotional disturbance.
    ``(b) Comprehensive Plan.--The Secretary may make a grant under 
section 571(a) only if, with respect to the jurisdiction of the public 
entity involved, the entity has submitted to the Secretary, and has had 
approved by the Secretary, a plan for the development of a 
jurisdiction-wide system of care for community-based services for 
children with a serious emotional disturbance that specifies the 
progress the public entity has made in developing the jurisdiction-wide 
system, the extent of cooperation across agencies serving children in 
the establishment of the system, the Federal and non-Federal resources 
currently committed to the establishment of the system, and the current 
gaps in community services and the manner in which the grant under 
section 571(a) will be expended to address such gaps and establish 
local systems of care.
    ``(c) Limitation on Imposition of Fees for Services.--A funding 
agreement for a grant under section 571(a) is that, if a charge is 
imposed for the provision of services under the grant, such charge--
            ``(1) will be made according to a schedule of charges that 
        is made available to the public;
            ``(2) will be adjusted to reflect the income of the family 
        of the child involved; and
            ``(3) will not be imposed on any child whose family has 
        income and resources of equal to or less than 100 percent of 
        the official poverty line, as established by the Director of 
        the Office of Management and Budget and revised by the 
        Secretary in accordance with section 673(2) of the Omnibus 
        Budget Reconciliation Act of 1981.
    ``(d) Relationship to Items and Services Under Other Programs.--A 
funding agreement for a grant under section 571(a) is that the grant, 
and the non-Federal contributions made with respect to the grant, will 
not be expended to make payment for any item or service to the extent 
that payment has been made, or can reasonably be expected to be made, 
with respect to such item or service--
            ``(1) under any State compensation program, under an 
        insurance policy, or under any Federal or State health benefits 
        program; or
            ``(2) by an entity that provides health services on a 
        prepaid basis.
    ``(e) Limitation on Administrative Expenses.--A funding agreement 
for a grant under section 571(a) is that not more than 2 percent of the 
grant will be expended for administrative expenses incurred with 
respect to the grant by the public entity involved.
    ``(f) Reports to Secretary.--A funding agreement for a grant under 
section 571(a) is that the public entity involved will annually submit 
to the Secretary (and provide a copy to the State involved) a report on 
the activities of the entity under the grant that includes a 
description of the number of children provided access to systems of 
care operated pursuant to the grant, the demographic characteristics of 
the children, the types and costs of services provided pursuant to the 
grant, the availability and use of third-party reimbursements, 
estimates of the unmet need for such services in the jurisdiction of 
the entity, and the manner in which the grant has been expended toward 
the establishment of a jurisdiction-wide system of care for children 
with a serious emotional disturbance, and such other information as the 
Secretary may require with respect to the grant.
    ``(g) Description of Intended Uses of Grant.--The Secretary may 
make a grant under section 571(a) only if--
            ``(1) the public entity involved submits to the Secretary a 
        description of the purposes for which the entity intends to 
        expend the grant;
            ``(2) the description identifies the populations, areas, 
        and localities in the jurisdiction of the entity with a need 
        for services under this section; and
            ``(3) the description provides information relating to the 
        services and activities to be provided, including a description 
        of the manner in which the services and activities will be 
        coordinated with any similar services or activities of public 
        or nonprofit entities.
    ``(h) Requirement of Application.--The Secretary may make a grant 
under section 571(a) only if an application for the grant is submitted 
to the Secretary, the application contains the description of intended 
uses required in subsection (g), and the application is in such form, 
is made in such manner, and contains such agreements, assurances, and 
information as the Secretary determines to be necessary to carry out 
this section.

``SEC. 575. GENERAL PROVISIONS.

    ``(a) Duration of Support.--The period during which payments are 
made to a public entity from a grant under section 571(a) may not 
exceed 6 fiscal years.
    ``(b) Technical Assistance.--
            ``(1) In general.--The Secretary shall, upon the request of 
        a public entity--
                    ``(A) provide technical assistance to the entity 
                regarding the process of submitting to the Secretary 
                applications for grants under section 571(a) and 576; 
                and
                    ``(B) provide to the entity training and technical 
                assistance with respect to the planning, development, 
                and operation of systems of care pursuant to section 
                572.
            ``(2) Authority for grants and contracts.--The Secretary 
        may provide technical assistance under subsection (a) directly 
        or through grants to, or contracts with, public and nonprofit 
        private entities.
    ``(c) Evaluations and Reports by Secretary.--
            ``(1) In general.--The Secretary shall, directly or through 
        contracts with public or private entities, provide for annual 
        evaluations of programs carried out pursuant to section 571(a). 
        The evaluations shall assess the effectiveness of the systems 
        of care operated pursuant to such section, including 
        longitudinal studies of outcomes of services provided by such 
        systems, other studies regarding such outcomes, the effect of 
        activities under this part on the utilization of hospital and 
        other institutional settings, the barriers to and achievements 
        resulting from interagency collaboration in providing 
        community-based services to children with a serious emotional 
        disturbance, and assessments by parents of the effectiveness of 
        the systems of care.
            ``(2) Report to congress.--The Secretary shall, not later 
        than 1 year after the date on which amounts are first 
        appropriated under subsection (c), and annually thereafter, 
        submit to the Congress a report summarizing evaluations carried 
        out pursuant to paragraph (1) during the preceding fiscal year 
        and making such recommendations for administrative and 
        legislative initiatives with respect to this section as the 
        Secretary determines to be appropriate.
    ``(d) Definitions.--For purposes of this part:
            ``(1) The term `child' means an individual through the age 
        of 21 years.
            ``(2) The term `family', with respect to a child provided 
        access to a system of care under section 572(a), means--
                    ``(A) the legal guardian of the child; and
                    ``(B) as appropriate regarding mental health 
                services for the child, the parents of the child 
                (biological or adoptive, as the case may be) and any 
                foster parents of the child.
            ``(3) The term `funding agreement', with respect to a grant 
        under section 571(a) to a public entity, means that the 
        Secretary may make such a grant only if the public entity makes 
        the agreement involved.
            ``(4) The term `serious emotional disturbance' includes, 
        with respect to a child, any child who has a serious emotional 
        disorder, a serious behavioral disorder, or a serious mental 
        disorder.
    ``(e) Rule of Construction.--Nothing in this part shall be 
construed as limiting the rights of a child with a serious emotional 
disturbance under the Individuals with Disabilities Education Act.

``SEC. 576. STATE INTEGRATED SYSTEMS OF CARE GRANTS FOR KEEPING 
              FAMILIES TOGETHER.

    ``(a) In General.--The Secretary, acting through the Director of 
the Center for Mental Health Services, shall award grants or 
cooperative agreements to States for the purpose of facilitating and 
promoting the implementation in local communities of an integrated 
system of care for children with mental illness, especially for those 
with serious emotional disturbance.
    ``(b) Applications.--To be eligible for a grant under subsection 
(a), a State shall submit to the Secretary an applications that shall 
include, at a minimum, the following:
            ``(1) An assurance that the State will establish a board to 
        be made up of, at least, the directors of the State departments 
        or agencies responsible for mental health, substance use 
        disorder, child welfare, education, medicaid, juvenile justice, 
        and consumers and families of consumers to carry out the 
        purpose of the grant.
            ``(2) A description of the specific population that the 
        State wishes to focus on under the grant.
            ``(3) An assurance that the plan required under subsection 
        (e) will be submitted within 18 months of the receipt of the 
        grant.
            ``(4) Otherwise be in such form, made in such manner, and 
        contain such agreements, assurances, and information as the 
        Secretary determines to be necessary.
    ``(c) Duration of Grants.--The period during which payments are 
made under a grant under this section may not exceed 5 years.
    ``(d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to States that elect to use grant funds 
to focus on children who are, or are at risk of being placed, in the 
child welfare or juvenile justice systems as a direct result of parents 
relinquishing their rights in order to get the mental health services 
their child needs.
    ``(e) Plan.--To be eligible to receive a grant under this section, 
a State shall agree to submit to the Secretary for approval, a plan, 
within 18 months of the receipt of the grant, that at a minimum 
includes the following:
            ``(1) A description of the population that the State will 
        focus on, including indications on the number of individuals in 
        the population and the severity of their mental illness.
            ``(2) A description of how these individuals are being 
        served or not served by the State system.
            ``(3) A description of the finances that are currently 
        being used throughout the State to serve this population, 
        including funds from the mental health agency.
            ``(4) A description of the types of services such 
        population is receiving, including if applicable, services 
        provided under section 571.
            ``(5) A description of the coordination that exists among 
        the various agencies serving children, including child welfare, 
        education, health, and juvenile justice agencies.
            ``(6) A description of the barriers that exist in the 
        provision of services, including State policies and procedures.
            ``(7) A description of how the State intends to overcome 
        these barriers, including changing the barriers within State 
        policies and procedures.
            ``(8) A description of how the State will finance the 
        implementation of systems of care for children.
            ``(9) A description of how the State intends to promote a 
        comprehensive system of care that includes a shift in reliance 
        on residential and institutional services to increased home and 
        community-based services.
            ``(10) A description of the number of children in the child 
        welfare or juvenile justice system as a direct result of 
        parents relinquishing their rights in order to get the mental 
        health services that their child needed.
            ``(11) A description of how the State intends to track 
        outcomes through data collection for individuals that receive 
        services in the system of care, including improved school 
        attendance and achievement, reduced substance use, reduced 
        contact with law enforcement, detention and arrest rates, 
        reductions in out-of-home placement, and mental health 
        improvements sustained.
    ``(f) Use of Funds.--Amounts received under a grant under this 
section may be used for any activity necessary for the development of 
the plan submitted under subsection (e) and any costs associated with 
the implementation of the approved plan.
    ``(g) Training and Technical Assistance.--The Secretary shall, upon 
the request of the State, provide training and technical assistance to 
the State in the development and implementation of the plan submitted 
under subsection (e).
    ``(h) Reports.--Beginning with the second year in which a State 
receives a grant under this section, and each grant year thereafter, 
the State shall submit a report to the Secretary detailing the State's 
progress in implementing the plan submitted under subsection (e).

``SEC. 577. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--For the purpose of carrying 
out this part, there are authorized to be appropriated $150,000,000 for 
fiscal year 2011, and such sums as may be necessary for each of the 
fiscal years 2012 through 2015.
    ``(b) Grants Under Section 576.--Not to exceed $10,000,000 of the 
amount appropriated under subsection (a) for each fiscal year may be 
used for grants under section 576.

                    ``PART F--WORKFORCE DEVELOPMENT

``SEC. 581. WORKFORCE DEVELOPMENT GRANTS, CONTRACTS, AND COOPERATIVE 
              AGREEMENTS FOR MENTAL HEALTH AND SUBSTANCE USE DISORDERS.

    ``(a) Purpose.--It is the purpose of this section to promote 
workforce development by identifying and implementing innovative and 
effective strategies to recruit and retain qualified mental health 
promotion and treatment and substance use disorder prevention and 
treatment staff and by disseminating those strategies to States and 
public and non-profit private providers of mental health and substance 
use disorder services.
    ``(b) Grants and Contracts.--The Secretary shall award grants, 
contracts, or cooperative agreements to eligible entities to identify 
and implement effective, innovative strategies to recruit and retain a 
workforce qualified to provide mental health and substance use disorder 
prevention and treatment services in the public sector.
    ``(c) Eligibility.--To be eligible to receive a grant, contract, or 
cooperative agreement under this section, an entity shall--
            ``(1) be a State, American Indian or Alaska Native tribe, 
        tribal organization, a health facility or program operated by 
        or pursuant to a contract or grant with the Indian Health 
        Service, or non-profit entity;
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require;
            ``(3) agree to collect and provide to the Secretary such 
        data as required by the Secretary to objectively demonstrate 
        the effect of the strategy implemented through such grant, 
        contract, or cooperative agreement; and
            ``(4) agree to participate in conferences conducted by the 
        Secretary expressly for the purposes of developing 
        recommendations on best practices for recruiting and retaining 
        a qualified workforce.
    ``(d) Use of Funds.--
            ``(1) In general.--An entity shall use amounts received 
        under this section to identify and implement innovative 
        strategies to--
                    ``(A) identify and recruit individuals into the 
                mental health and substance use disorder public service 
                workforce, including paraprofessionals and individuals 
                in recovery and their families;
                    ``(B) assist individuals in obtaining basic or 
                specialized competencies for providing mental health 
                promotion and treatment services and substance use 
                disorder prevention, treatment, and recovery services; 
                and
                    ``(C) retain qualified mental health and substance 
                use disorder treatment staff, including staff who 
                provide services that promote mental health, prevent 
                substance use, or treat mental illness and substance 
                use disorders.
            ``(2) Limitation.--Eligible entities that receive funds 
        under this section may not use such funds to pay for loan 
        repayment or forgiveness programs, or for a degree at an 
        institution of higher education or at any other institution.
    ``(e) Priorities.--In awarding grants, contracts, or cooperative 
agreements under this section the Secretary shall ensure that priority 
is given to--
            ``(1) entities in rural areas and mental health and 
        substance use disorder manpower shortage areas; and
            ``(2) entities that agree to focus on the inclusion of 
        racial and ethnic minorities in the workforce.
    ``(f) Geographic Distribution.--The Secretary shall ensure that to 
the extent practicable, an equitable distribution of grants, contracts, 
and cooperative agreements among the geographical regions of the United 
States and between urban and rural populations.
    ``(g) Technical Assistance.--The Secretary shall provide technical 
assistance to eligible entities and conduct conferences to promote the 
sharing of ideas for the development of best practices in the 
recruitment and retention of a qualified mental health and substance 
use disorder prevention and treatment workforce.
    ``(h) Evaluation.--Not later than 3 years after the receipt of a 
grant, contract, or cooperative agreement under this section, an entity 
shall--
            ``(1) conduct an evaluation of the activities carried out 
        with funds received under the grant, contract, or cooperative 
        agreement;
            ``(2) submit to the Secretary a report concerning the 
        results of the evaluation under paragraph (1); and
            ``(3) participate in any further evaluation of the program 
        by the Secretary.
    ``(i) Dissemination.--The Secretary shall disseminate to States and 
public and non-profit private providers of mental health and substance 
use disorder services the proven effective strategies developed under 
this section.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $25,000,000 for fiscal year 
2011, and such sums as may be necessary for each of fiscal years 2012 
through 2015.

``SEC. 582. DATA COLLECTION AND REPORT ON WORKFORCE ISSUES.

    ``Not later than 5 years after the date of enactment of the SAMHSA 
Modernization Act of 2010, the Administrator shall submit to the 
appropriate committees of Congress a report based on the data collected 
pursuant to sections 1912(b) and 1931(b). Such report shall contain--
            ``(1) an assessment of the mental health and substance use 
        disorder workforce capacity, strengths, and weaknesses as of 
        the date of the report;
            ``(2) recommendations for legislation to assist Congress in 
        reauthorizing this title in fiscal year 2014;
            ``(3) specific recommendations for States, communities, and 
        public and non-profit private providers of mental health and 
        substance use disorder services;
            ``(4) data and best practices identified under section 581; 
        and
            ``(5) recommendations for national outcomes measures of 
        workforce.

                  ``PART G--SCHOOL-BASED MENTAL HEALTH

``SEC. 585. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.

    ``(a) In General.--The Secretary, in collaboration with the 
Secretary of Education and in consultation with the Attorney General, 
shall, directly or through grants, contracts or cooperative agreements 
awarded to public entities and local education agencies, assist local 
communities and schools in applying a public health approach to mental 
health services both in schools and in the community. Such approach 
should provide comprehensive age appropriate services and supports and 
incorporate age appropriate strategies of positive behavioral 
interventions and supports. A comprehensive school mental health 
program funded under this section shall assist children in dealing with 
violence.
    ``(b) Activities.--Under the program under subsection (a), the 
Secretary may--
            ``(1) provide financial support to enable local communities 
        to implement a comprehensive school mental health program that 
        incorporates positive behavioral interventions and supports to 
        foster the health and development of children;
            ``(2) provide technical assistance to local communities 
        with respect to the development of programs described in 
        paragraph (1);
            ``(3) provide assistance to local communities in the 
        development of policies to address child and adolescent mental 
        health issues and violence when and if it occurs;
            ``(4) facilitate community partnerships among families, 
        students, law enforcement agencies, education systems, mental 
        health and substance use disorder service systems, family-based 
        mental health service systems, welfare agencies, healthcare 
        service systems, and other community-based systems; and
            ``(5) establish mechanisms for children and adolescents to 
        report incidents of violence or plans by other children or 
        adolescents to commit violence.
    ``(c) Requirements.--
            ``(1) In general.--To be eligible for a grant, contract, or 
        cooperative agreement under subsection (a) an entity shall--
                    ``(A) be a partnership between a local education 
                agency and at least one community program or agency 
                that is involved in mental health; and
                    ``(B) submit an application, that is endorsed by 
                all members of the partnership, that makes the 
                assurances described in paragraph (2).
            ``(2) Required assurances.--An application under paragraph 
        (1) shall assure the following:
                    ``(A) That the applicant will ensure that, in 
                carrying out activities under this section, the local 
                educational agency involved will enter into a 
                memorandum of understanding--
                            ``(i) with, at a minimum, public or private 
                        mental health entities, healthcare entities, 
                        law enforcement or juvenile justice entities, 
                        child welfare agencies, family-based mental 
                        health entities, families and family 
                        organizations, and other community-based 
                        entities; and
                            ``(ii) that clearly states--
                                    ``(I) the responsibilities of each 
                                partner with respect to the activities 
                                to be carried out;
                                    ``(II) how each partner will be 
                                accountable for carrying out such 
                                responsibilities; and
                                    ``(III) the amount of non-Federal 
                                funding or in-kind contributions that 
                                each such partner will contribute in 
                                order to sustain the program.
                    ``(B) That the comprehensive school-based mental 
                health program carried out under this section support 
                the flexible use of funds to address--
                            ``(i) the promotion of the social, 
                        emotional, and mental health of all students in 
                        an environment that is conducive to learning;
                            ``(ii) the reduction in the likelihood of 
                        at risk students developing social or emotional 
                        problems or mental health and substance use 
                        disorders;
                            ``(iii) the early identification of social 
                        or emotional problems or mental health and 
                        substance use disorders and the provision of 
                        early intervention services;
                            ``(iv) the treatment or referral for 
                        treatment of students with existing social or 
                        emotional problems or mental health and 
                        substance use disorders; and
                            ``(v) the development and implementation of 
                        programs to assist children in dealing with 
                        violence.
                    ``(C) That the comprehensive mental health program 
                carried out under this section will provide for in-
                service training of all school personnel, including 
                ancillary staff and volunteers, in--
                            ``(i) the techniques and support needed to 
                        identify early children with, or at risk of, 
                        mental illness;
                            ``(ii) the use of referral mechanisms that 
                        effectively link such children to treatment 
                        intervention services;
                            ``(iii) strategies that promote a 
                        schoolwide positive environment, and includes 
                        an on-going training and coaching component;
                            ``(iv) strategies for promoting the social, 
                        emotional, and mental health of all students; 
                        and
                            ``(v) strategies to increase the knowledge 
                        and skills of school and community leaders on 
                        the application of a public health approach to 
                        comprehensive school-based mental health 
                        programs.
                    ``(D) That the comprehensive school-based mental 
                health programs carried out under this section will 
                demonstrate the measures to be taken to sustain the 
                program after funding under this section terminates.
                    ``(E) That the local education agency partnership 
                involved is supported by the State educational and 
                mental health system to ensure that the sustainability 
                of the programs is established after funding under this 
                section terminates.
                    ``(F) That the comprehensive school-based mental 
                health program carried out under this section is based 
                on scientifically valid research, when available, or 
                evidence-based practices.
                    ``(G) That the comprehensive school-based mental 
                health program carried out under this section is 
                coordinated with early intervening activities carried 
                out under the Individuals with Disabilities Education 
                Act.
    ``(d) Geographical Distribution.--The Secretary shall ensure that 
grants, contracts or cooperative agreements under subsection (a) will 
be distributed equitably among the regions of the country and among 
urban and rural areas.
    ``(e) Duration of Awards.--With respect to a grant, contract or 
cooperative agreement under subsection (a), the period during which 
payments under such an award will be made to the recipient shall be 5 
years. An entity may only receive one award under this section, except 
that an entity that is providing services and supports on a regional 
basis may receive additional funding after the expiration of the 
preceding grant period.
    ``(f) Evaluation and Measures of Outcomes.--
            ``(1) Development of process.--The Administrator shall 
        develop a process for evaluating activities carried out under 
        this section. Such process shall include--
                    ``(A) the development of guidelines for the 
                submission of program data by such recipients;
                    ``(B) the development of measures of outcomes (in 
                accordance with paragraph (2)) to be applied by such 
                recipients in evaluating programs carried out under 
                this section; and
                    ``(C) the submission of annual reports by such 
                recipients concerning the effectiveness of programs 
                carried out under this section.
            ``(2) Measures of outcomes.--
                    ``(A) In general.--The Administrator shall develop 
                measures of outcomes to be applied by recipients of 
                assistance under this section, and the Administrator, 
                in evaluating the effectiveness of programs carried out 
                under this section. Such measures shall include student 
                and family measures as provided for in subparagraph (B) 
                and local educational measures as provided for under 
                subparagraph (C).
                    ``(B) Student and family measures of outcomes.--The 
                measures of outcomes developed under paragraph (1)(B) 
                relating to students and families shall, with respect 
                to activities carried out under a program under this 
                section, at a minimum include provisions to evaluate--
                            ``(i) whether the program resulted in an 
                        increase in social and emotional competency;
                            ``(ii) whether the program resulted in an 
                        increase in student academic achievement;
                            ``(iii) whether the program resulted in a 
                        reduction in disruptive and aggressive 
                        behaviors;
                            ``(iv) whether the program resulted in 
                        improved family functioning;
                            ``(v) whether the program resulted in a 
                        reduction in substance use disorders;
                            ``(vi) whether the program resulted in a 
                        reduction in suspensions, truancy, expulsions 
                        and violence; and
                            ``(vii) whether the program resulted in 
                        improved access to care for mental health 
                        disorders.
                    ``(C) Local educational outcomes.--The outcome 
                measures developed under paragraph (1)(B) relating to 
                local educational systems shall, with respect to 
                activities carried out under a program under this 
                section, at a minimum include provisions to evaluate--
                            ``(i) the effectiveness of comprehensive 
                        school mental health programs established under 
                        this section;
                            ``(ii) the effectiveness of formal 
                        partnership linkages among child and family 
                        serving institutions, community support 
                        systems, and the educational system;
                            ``(iii) the progress made in sustaining the 
                        program once funding under the grant has 
                        expired; and
                            ``(iv) the effectiveness of training and 
                        professional development programs for all 
                        school personnel.
            ``(3) Submission of annual data.--An entity that receives a 
        grant, contract, or cooperative agreement under this section 
        shall annually submit to the Administrator a report that 
        include data to evaluate the success of the program carried out 
        by the entity based on whether such program is achieving the 
        purposes of the program. Such reports shall utilize the 
        measures of outcomes under paragraph (2) in a reasonable manner 
        to demonstrate the progress of the program in achieving such 
        purposes.
            ``(4) Evaluation by administrator.--Based on the data 
        submitted under paragraph (3), the Administrator shall annually 
        submit to Congress a report concerning the results and 
        effectiveness of the programs carried out with assistance 
        received under this section.
    ``(g) Information and Education.--The Secretary shall establish 
comprehensive information and education programs to disseminate the 
findings of the knowledge development and application under this 
section to the general public and to health care professionals.
    ``(h) Amount of Grants and Authorization of Appropriations.--
            ``(1) Amount of grants.--A grant under this section shall 
        be in an amount that is not more than $1,000,000 for each of 
        grant years 2011 through 2015. The Secretary shall determine 
        the amount of each such grant based on criteria determined by 
        the Secretary.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section, $200,000,000 for 
        each of fiscal years 2011 through 2015.

``SEC. 586. GRANTS TO ADDRESS THE PROBLEMS OF PERSONS WHO EXPERIENCE 
              VIOLENCE RELATED STRESS.

    ``(a) In General.--The Secretary shall award grants, contracts or 
cooperative agreements to public and nonprofit private entities, as 
well as to Indian tribes and tribal organizations, for the purpose of 
developing and maintaining programs that provide for the continued 
operation of the National Child Traumatic Stress Initiative, that focus 
on the behavioral and biological aspects of psychological trauma 
response and for developing knowledge with regard to evidence-based 
practices for treating trauma-related disorders of children and youth 
resulting from witnessing or experiencing a traumatic event.
    ``(b) Priorities.--In awarding grants, contracts or cooperative 
agreements under subsection (a) related to the development of knowledge 
and provision of services based on evidence-based practices for 
treating disorders associated with psychological trauma, the Secretary 
shall give priority to mental health agencies and programs that have 
established clinical and basic research experience in the field of 
trauma-related mental disorders, and that contribute to the 
establishment of a national trauma infrastructure.
    ``(c) Geographical Distribution.--The Secretary shall ensure that 
grants, contracts or cooperative agreements under subsection (a) with 
respect to centers of excellence are distributed equitably among the 
regions of the country and among urban and rural areas.
    ``(d) Evaluation.--The Secretary, as part of the application 
process, shall require that each applicant for a grant, contract or 
cooperative agreement under subsection (a) submit a plan for the 
rigorous evaluation of the activities funded under the grant, contract 
or agreement, including both process and outcomes evaluation, and the 
submission of an evaluation at the end of the project period.
    ``(e) Duration of Awards.--With respect to a grant, contract or 
cooperative agreement under subsection (a), the period during which 
payments under such an award will be made to the recipient for 5 years. 
Such grants, contracts or agreements may be renewed, except that 
expertise and experience in the field of trauma-related disorders shall 
be the priority criterion for new and continuing grant, contract, or 
cooperative agreement awards.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $50,000,000 for fiscal year 
2011, and such sums as may be necessary for each of fiscal years 2012 
through 2015.

 ``PART H--REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN 
                               FACILITIES

                    ``Subpart I--Medical Facilities

``SEC. 591. REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN 
              MEDICAL FACILITIES.

    ``(a) In General.--A public or private general hospital, nursing 
facility, intermediate care facility, or other health care facility, 
that receives support in any form from any program supported in whole 
or in part with funds appropriated to any Federal department or agency 
shall protect and promote the rights of each resident of the facility, 
including the right to be free from physical or mental abuse, corporal 
punishment, and any restraints or involuntary seclusions imposed for 
purposes of discipline or convenience.
    ``(b) Requirements.--Restraints and seclusion may only be imposed 
on a resident of a facility described in subsection (a) if--
            ``(1) the restraints or seclusion are imposed to ensure the 
        physical safety of the resident, a staff member, or others; and
            ``(2) the restraints or seclusion are imposed only upon the 
        written order of a physician, or other licensed practitioner 
        permitted by the State and the facility to order such restraint 
        or seclusion, that specifies the duration and circumstances 
        under which the restraints are to be used (except in emergency 
        circumstances specified by the Secretary until such an order 
        could reasonably be obtained).
    ``(c) Current Law.--This part shall not be construed to affect or 
impede any Federal or State law or regulations that provide greater 
protections than this part regarding seclusion and restraint.
    ``(d) Definitions.--In this section:
            ``(1) Restraints.--The term `restraints' means--
                    ``(A) any physical restraint that is a mechanical 
                or personal restriction that immobilizes or reduces the 
                ability of an individual to move his or her arms, legs, 
                or head freely, not including devices, such as 
                orthopedically prescribed devices, surgical dressings 
                or bandages, protective helmets, or any other methods 
                that involves the physical holding of a resident for 
                the purpose of conducting routine physical examinations 
                or tests or to protect the resident from falling out of 
                bed or to permit the resident to participate in 
                activities without the risk of physical harm to the 
                resident (such term does not include a physical 
                escort); and
                    ``(B) a drug or medication that is used as a 
                restraint to control behavior or restrict the 
                resident's freedom of movement that is not a standard 
                treatment for the resident's medical or psychiatric 
                condition.
            ``(2) Seclusion.--The term `seclusion' means a behavior 
        control technique involving locked isolation. Such term does 
        not include a time out.
            ``(3) Physical escort.--The term `physical escort' means 
        the temporary touching or holding of the hand, wrist, arm, 
        shoulder or back for the purpose of inducing a resident who is 
        acting out to walk to a safe location.
            ``(4) Time out.--The term `time out' means a behavior 
        management technique that is part of an approved treatment 
        program and may involve the separation of the resident from the 
        group, in a non-locked setting, for the purpose of calming. 
        Time out is not seclusion.

``SEC. 592. REPORTING REQUIREMENT.

    ``(a) In General.--Each facility to which the Protection and 
Advocacy for Mentally Ill Individuals Act of 1986 applies shall notify 
the appropriate agency, as determined by the Secretary, of each death 
that occurs at each such facility while a patient is restrained or in 
seclusion, of each death occurring within 24 hours after the patient 
has been removed from restraints and seclusion, or where it is 
reasonable to assume that a patient's death is a result of such 
seclusion or restraint. A notification under this section shall include 
the name of the resident and shall be provided not later than 7 days 
after the date of the death of the individual involved.
    ``(b) Facility.--In this section, the term `facility' has the 
meaning given the term `facilities' in section 102(3) of the Protection 
and Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 
10802(3)).

``SEC. 593. REGULATIONS AND ENFORCEMENT.

    ``(a) Training.--Not later than 1 year after the date of the 
enactment of this part, the Secretary, after consultation with 
appropriate State and local protection and advocacy organizations, 
physicians, facilities, and other health care professionals and 
patients, shall promulgate regulations that require facilities to which 
the Protection and Advocacy for Mentally Ill Individuals Act of 1986 
(42 U.S.C. 10801 et seq.) applies, to meet the requirements of 
subsection (b).
    ``(b) Requirements.--The regulations promulgated under subsection 
(a) shall require that--
            ``(1) facilities described in subsection (a) ensure that 
        there is an adequate number of qualified professional and 
        supportive staff to evaluate patients, formulate written 
        individualized, comprehensive treatment plans, and to provide 
        active treatment measures;
            ``(2) appropriate training be provided for the staff of 
        such facilities in the use of restraints and any alternatives 
        to the use of restraints; and
            ``(3) such facilities provide complete and accurate 
        notification of deaths, as required under section 592(a).
    ``(c) Enforcement.--A facility to which this part applies that 
fails to comply with any requirement of this part, including a failure 
to provide appropriate training, shall not be eligible for 
participation in any program supported in whole or in part by funds 
appropriated to any Federal department or agency.

        ``Subpart II--Non-Medical and Community-Based Facilities

``SEC. 595. REQUIREMENT RELATING TO THE RIGHTS OF INDIVIDUALS OF 
              CERTAIN NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR 
              CHILDREN AND YOUTH.

    ``(a) Protection of Rights.--
            ``(1) In general.--
                    ``(A) Community-based facilities.--A public or 
                private non-medical, community-based facility for 
                children and youth (as defined in regulations to be 
                promulgated by the Secretary) that receives support in 
                any form from any program supported in whole or in part 
                with funds appropriated under this Act shall protect 
                and promote the rights of each resident of the 
                facility, including the right to be free from physical 
                or mental abuse, corporal punishment, and any 
                restraints or involuntary seclusions imposed for 
                purposes of discipline or convenience.
                    ``(B) Schools.--A public, private, residential or 
                non-residential school (as defined in regulations to be 
                promulgated by the Secretary in consultation with the 
                Secretary of Education) that receives support in any 
                form from any program supported in whole or in part 
                with funds appropriated to any Federal department or 
                agency shall protect and promote the rights of each 
                individual of the facility, including the right to be 
                free from physical or mental abuse, corporal punishment 
                (as defined by State law), and any restraints or 
                involuntary seclusions imposed for purposes of 
                discipline or convenience.
            ``(2) Nonapplicability.--Notwithstanding this part, a 
        facility that provides inpatient psychiatric treatment services 
        for individuals under the age of 21, as authorized and defined 
        in subsections (a)(16) and (h) of section 1905 of the Social 
        Security Act, shall comply with the requirements of part H.
            ``(3) Applicability of medicaid provisions.--A non-medical, 
        community-based facility for children and youth funded under 
        the Medicaid program under title XIX of the Social Security Act 
        shall continue to meet all existing requirements for 
        participation in such program that are not affected by this 
        part.
    ``(b) Requirements.--
            ``(1) In general.--Physical restraints and seclusion may 
        only be imposed on an individual by a facility described in 
        subsection (a)(1) if--
                    ``(A) the restraints or seclusion are imposed only 
                in emergency circumstances and only to ensure the 
                immediate physical safety of the individual, a staff 
                member, students, or others and less restrictive 
                interventions have been determined to be ineffective; 
                and
                    ``(B) the restraints or seclusion are imposed only 
                by an individual trained and certified, by a State-
                recognized body (as defined in regulation promulgated 
                by the Secretary, and in the case of facilities 
                described in subsection (a)(1)(B) promulgated by the 
                Secretary in consultation with the Secretary of 
                Education) and pursuant to a process determined 
                appropriate by the State and approved by the Secretary, 
                and in the case of facilities described in subsection 
                (a)(1)(B) approved by the Secretary in consultation 
                with the Secretary of Education, in the prevention and 
                use of physical restraint and seclusion, including the 
                needs and behaviors of the population served, 
                relationship building, alternatives to restraint and 
                seclusion, de-escalation methods, avoiding power 
                struggles, thresholds for restraints and seclusion, the 
                physiological and psychological impact of restraint and 
                seclusion, monitoring physical signs of distress and 
                obtaining medical assistance, legal issues, position 
                asphyxia, escape and evasion techniques, time limits, 
                the process for obtaining approval for continued 
                restraints, procedures to address problematic 
                restraints, documentation, processing with children, 
                and follow-up with staff, and investigation of injuries 
                and complaints.
            ``(2) Interim procedures relating to training and 
        certification.--
                    ``(A) In general.--Until such time as the State 
                develops a process to assure the proper training and 
                certification of facility personnel in the skills and 
                competencies referred to in paragraph (1)(B), the 
                facility involved shall develop and implement an 
                interim procedure that meets the requirements of 
                subparagraph (B).
                    ``(B) Requirements.--A procedure developed under 
                subparagraph (A) shall--
                            ``(i) ensure that a supervisory or senior 
                        staff person with training in restraint and 
                        seclusion who is competent to conduct a face-
                        to-face assessment (as defined in regulations 
                        promulgated by the Secretary, and in the case 
                        of facilities described in subsection (a)(1)(B) 
                        promulgated by the Secretary in consultation 
                        with the Secretary of Education), will assess 
                        the mental and physical well-being of the child 
                        or youth being restrained or secluded and 
                        assure that the restraint or seclusion is being 
                        done in a safe manner;
                            ``(ii) ensure that the assessment required 
                        under clause (i) take place as soon as 
                        practicable, but in no case later than 1 hour 
                        after the initiation of the restraint or 
                        seclusion; and
                            ``(iii) ensure that the supervisory or 
                        senior staff person continues to monitor the 
                        situation for the duration of the restraint and 
                        seclusion.
            ``(3) Limitations.--
                    ``(A) In general.--The use of a drug or medication 
                that is used as a restraint to control behavior or 
                restrict the individual's freedom of movement that is 
                not a standard treatment for the individual's medical 
                or psychiatric condition in a facility described in 
                subsection (a)(1) is prohibited.
                    ``(B) Prohibition.--The use of mechanical 
                restraints in a facility described in subsection (a)(1) 
                is prohibited.
                    ``(C) Limitation.--A facility for children and 
                youth described in subsection (a)(1) may only use 
                seclusion when a staff member is continuously face-to-
                face monitoring the individual and when strong 
                licensing or accreditation and internal controls are in 
                place.
    ``(c) Rule of Construction.--
            ``(1) In general.--Nothing in this section shall be 
        construed as prohibiting the use of restraints for medical 
        immobilization, adaptive support, or medical protection.
            ``(2) Current law.--This part shall not be construed to 
        affect or impede any Federal or State law or regulations that 
        provide greater protections than this part regarding seclusion 
        and restraint.
    ``(d) Definitions.--In this section:
            ``(1) Mechanical restraint.--The term `mechanical 
        restraint' means the use of devices as a means of restricting 
        an individual's freedom of movement.
            ``(2) Physical escort.--The term `physical escort' means 
        the temporary touching or holding of the hand, wrist, arm, 
        shoulder or back for the purpose of inducing an individual who 
        is acting out to walk to a safe location.
            ``(3) Physical restraint.--The term `physical restraint' 
        means a personal restriction that immobilizes or reduces the 
        ability of an individual to move his or her arms, legs, or head 
        freely. Such term does not include a physical escort.
            ``(4) Seclusion.--The term `seclusion' means a behavior 
        control technique involving locked isolation. Such term does 
        not include a time out.
            ``(5) Time out.--The term `time out' means a behavior 
        management technique that is part of an approved treatment 
        program or individual service plan and may involve the 
        separation of the individual from the group, in a non-locked 
        setting, for the purpose of calming. Time out is not seclusion.

``SEC. 596. REPORTING REQUIREMENT.

    ``Each facility (described in section 595(a)(1)) shall notify the 
appropriate State licensing or regulatory agency, as determined by the 
Secretary, and in the case of facilities described in section 
595(a)(1)(B) determined by the Secretary in consultation with the 
Secretary of Education--
            ``(1) of each death that occurs at each such facility. A 
        notification under this section shall include the name of the 
        resident and shall be provided not later than 24 hours after 
        the time of the individuals death; and
            ``(2) of the use of seclusion or restraints in accordance 
        with regulations promulgated by the Secretary, in consultation 
        with the Secretary of Education in the case of facilities 
        described in section 595(a)(1)(B), and the States.

``SEC. 597. REGULATIONS AND ENFORCEMENT.

    ``(a) Training.--Not later than 6 months after the date of the 
enactment of the SAMHSA Modernization Act of 2010, the Secretary, after 
consultation with the Secretary of Education in the case of facilities 
described in section 595(a)(1)(B), appropriate State, local, public and 
private protection and advocacy organizations, health care 
professionals, social workers, facilities described in section 
595(a)(1), and individuals receiving services from such facilities, 
shall promulgate regulations that--
            ``(1) require States that license non-medical, community-
        based residential facilities for children and youth to develop 
        licensing rules and monitoring requirements concerning behavior 
        management practice that will ensure compliance with Federal 
        regulations and to meet the requirements of subsection (b);
            ``(2) require States that monitor compliance of facilities 
        described in section 595(a)(1)(B) with Federal and State laws 
        and standards to develop rules and monitoring requirements 
        concerning behavior management practice that will ensure 
        compliance with Federal regulations and meet the requirements 
        of subsection (b);
            ``(3) require States to develop and implement such 
        licensing rules and monitoring requirements within 1 year after 
        the promulgation of the regulations referred to in the matter 
        preceding paragraph (1); and
            ``(4) support the development of national guidelines and 
        standards on the quality, quantity, orientation and training, 
        required under this part, as well as the certification or 
        licensure of those staff responsible for the implementation of 
        behavioral intervention concepts and techniques.
    ``(b) Requirements.--The regulations promulgated under subsection 
(a) shall require--
            ``(1) that facilities described in subsection (a) ensure 
        that there is an adequate number of qualified professional and 
        supportive staff to evaluate individuals, formulate written 
        individualized, comprehensive treatment plans, and to provide 
        active treatment measures;
            ``(2) the provision of appropriate training and 
        certification of the staff of such facilities in the prevention 
        and use of physical restraint and seclusion, including the 
        needs and behaviors of the population served, relationship 
        building, alternatives to restraint, de-escalation methods, 
        avoiding power struggles, thresholds for restraints, the 
        physiological impact of restraint and seclusion, monitoring 
        physical signs of distress and obtaining medical assistance, 
        legal issues, position asphyxia, escape and evasion techniques, 
        time limits for the use of restraint and seclusion, the process 
        for obtaining approval for continued restraints and seclusion, 
        procedures to address problematic restraints, documentation, 
        processing with children, and follow-up with staff, and 
        investigation of injuries and complaints; and
            ``(3) that such facilities provide complete and accurate 
        notification of deaths, as required under section 596.
    ``(c) Enforcement.--A State to which this part applies that fails 
to comply with any requirement of this part, including a failure to 
provide appropriate training and certification, shall not be eligible 
for participation in any program supported in whole or in part by funds 
appropriated to any Federal department or agency.''.
    (b) Technical Amendments.--Part G of title V of the Public Health 
Service Act (42 U.S.C. 290kk et seq.), as added by section 144 of the 
Community Renewal Tax Relief Act of 2000 (as enacted into law by 
section 1(a)(7) of Public Law 106-554; 114 Stat. 2763A-619), is 
amended--
            (1) by redesignating such part as part I;
            (2) by transferring such part so as to appear after part H 
        (as so designated by the amendment made by subsection (a)); and
            (3) by redesignating sections 581 through 584 as sections 
        599 through 599C, respectively.

SEC. 3. AMENDMENTS TO TITLE XIX OF THE PUBLIC HEALTH SERVICE ACT.

    (a) In General.--Part B of title XIX of the Public Health Service 
Act (42 U.S.C. 300x-1 et seq.), except for section 1955 (42 U.S.C. 
300x-65), is amended to read as follows:

   ``PART B--BLOCK GRANTS REGARDING MENTAL HEALTH AND SUBSTANCE USE 
                               DISORDERS

     ``Subpart I--Block Grants for Community Mental Health Services

``SEC. 1911. FORMULA GRANTS TO STATES.

    ``(a) In General.--For the purpose described in subsection (b), the 
Secretary, acting through the Director of the Center for Mental Health 
Services, shall make an allotment each fiscal year for each State in an 
amount determined in accordance with section 1918. The Secretary shall 
make a grant to the State of the allotment made for the State for the 
fiscal year if the State submits to the Secretary an application in 
accordance with section 1917.
    ``(b) Purpose of Grants.--A funding agreement for a grant under 
subsection (a) is that, subject to section 1916, the State involved 
will expend the grant only for the purpose of--
            ``(1) providing community mental health services for adults 
        with serious mental illness and children with serious emotional 
        disturbances as defined in accordance with section 1912(c);
            ``(2) carrying out the plan submitted under section 1912(a) 
        by the State for the fiscal year involved;
            ``(3) evaluating programs and services carried out under 
        this subpart; and
            ``(4) planning, administration, and educational activities 
        related to providing services under the plan.

``SEC. 1912. STATE PLAN FOR COMPREHENSIVE COMMUNITY MENTAL HEALTH 
              SERVICES FOR CERTAIN INDIVIDUALS.

    ``(a) In General.--The Secretary may make a grant under section 
1911 only if--
            ``(1) the State involved submits to the Secretary a plan 
        for providing comprehensive community mental health services to 
        adults with a serious mental illness and to children with a 
        serious emotional disturbance;
            ``(2) the plan meets the criteria specified in subsection 
        (b); and
            ``(3) the plan is approved by the Secretary.
    ``(b) Criteria for Plan.--
            ``(1) In general.--In accordance with subsection (a), a 
        State shall, at least once every 3 years, submit to the 
        Secretary a plan that, at a minimum, includes the following:
                    ``(A) System of care.--A description of the State's 
                system of care that contains the following:
                            ``(i) Comprehensive community-based mental 
                        health systems.--The plan shall--
                                    ``(I) identify the single State 
                                agency to be responsible for the 
                                administration of the program under the 
                                grant, including any third party who 
                                administers mental health services and 
                                is responsible for complying with the 
                                requirements of this part with respect 
                                to the grant;
                                    ``(II) provide for an organized 
                                community-based system of care for 
                                individuals with mental illness and 
                                describe available services and 
                                resources in a comprehensive system of 
                                care, including services for 
                                individuals with co-occurring 
                                disorders;
                                    ``(III) include a description of 
                                the manner in which the State and local 
                                entities will coordinate services 
                                (including health services, 
                                rehabilitation services, employment 
                                services, housing services, educational 
                                services, substance use disorder 
                                services, juvenile justice services, 
                                law enforcement services, social 
                                services, child welfare services, 
                                medical and dental care services, and 
                                other support services to be provided 
                                with Federal, State, and local public 
                                and private resources) with other 
                                agencies to enable individuals 
                                receiving services to function outside 
                                of inpatient or residential 
                                institutions, to the maximum extent of 
                                their capabilities, including services 
                                to be provided by local school systems 
                                under the Individuals with Disabilities 
                                Education Act;
                                    ``(IV) include a description of how 
                                the State promotes evidence-based 
                                practices;
                                    ``(V) include a description of case 
                                management services;
                                    ``(VI) provide for activities 
                                leading to a reduction of 
                                hospitalization;
                                    ``(VII) include a description of 
                                how the State integrates mental health 
                                and substance use disorder services and 
                                primary health care, which may include 
                                providing mental health and substance 
                                use disorder services in primary care 
                                settings or providing primary and 
                                specialty care services in community-
                                based mental health and substance use 
                                disorder service settings; and
                                    ``(VIII) include a description of 
                                how the State assures a smooth 
                                transition of children with serious 
                                emotional disturbances from the 
                                children's service system to the adult 
                                service system.
                            ``(ii) Mental health system data and 
                        epidemiology.--Utilizing the definitions for 
                        adults with a serious mental illness and 
                        children with a serious emotional disturbance 
                        established in accordance with subsection (c), 
                        the plan shall--
                                    ``(I) provide estimates on the 
                                incidence and prevalence of individuals 
                                who are adults with a serious mental 
                                illness and children with a serious 
                                emotional disturbance in the State, by 
                                age, sex, race, and ethnicity;
                                    ``(II) provide information on the 
                                number of adults with a serious mental 
                                illness and children with a serious 
                                emotional disturbance in community-
                                based treatment within the State by 
                                age, sex, race, and ethnicity;
                                    ``(III) provide estimates on the 
                                number of adults with a serious mental 
                                illness and children with a serious 
                                emotional disturbance who are homeless 
                                or have a co-occurring mental health 
                                and substance use disorder; and
                                    ``(IV) provide the latest national 
                                outcome measurement data in accordance 
                                with section 504(b).
                            ``(iii) Children's services.--In the case 
                        of children with a serious emotional 
                        disturbance (as defined pursuant to subsection 
                        (c)), the plan shall provide for a system of 
                        integrated social services, educational 
                        services, child welfare services, juvenile 
                        justice services, law enforcement services, and 
                        substance use disorder services that, together 
                        with health and mental health services, will be 
                        provided in order for such children to receive 
                        care that is appropriate for their multiple 
                        needs (such system to include services provided 
                        under the Individuals with Disabilities 
                        Education Act).
                            ``(iv) Targeted services to rural, 
                        homeless, and older adult populations.--The 
                        plan shall describe the State's outreach to and 
                        services for individuals who are homeless and 
                        older adults with mental illness, and the 
                        manner in which community-based services will 
                        be provided to individuals residing in rural 
                        areas.
                            ``(v) Management services.--The plan shall 
                        describe--
                                    ``(I) the resources available in 
                                the State to pay for the services 
                                including funding under Medicaid, other 
                                Federal programs such as grants to the 
                                State, local jurisdictions of the 
                                State, or non-profit private entities 
                                awarded grants under title V and how 
                                the State is maximizing these 
                                resources, and the manner in which the 
                                State intends to expend the grant under 
                                section 1911 for the fiscal year 
                                involved;
                                    ``(II) the manner in which the 
                                State intends to comply with each of 
                                the funding agreements in this subpart 
                                and subpart III; and
                                    ``(III) the existing mental health 
                                and substance use disorders workforce, 
                                including data on the number of 
                                individuals who serve in the system of 
                                care designated by profession, the need 
                                for additional professionals and 
                                paraprofessionals, the efforts of the 
                                State to recruit and retain a qualified 
                                mental health and substance use 
                                disorders workforce, and a copy of the 
                                standards the State uses in certifying 
                                or licensing community-based mental 
                                health services facilities and mental 
                                health providers.
                    ``(B) System analysis.--An analysis of the mental 
                health system of care within the State that identifies 
                the strengths and weaknesses of that system of care, 
                and an assessment of the adequacy of that system of 
                care to respond to the need for services.
                    ``(C) Goal and objectives.--A set of quantifiable 
                goals and objectives for the period of the plan, 
                including goals and objectives related to the national 
                outcomes measures established in accordance with 
                section 504, including targets and milestones that are 
                intended to be met and the activities that will be 
                undertaken to achieve those targets.
                    ``(D) Other information.--Any other information 
                determined appropriate by the Secretary.
            ``(2) Authority regarding modifications.--As a condition of 
        awarding a grant to a State under section 1911 for a fiscal 
        year, the Secretary may require that the State modify any 
        provision of the plan submitted by the State under this section 
        (including provisions on priorities in carrying out authorized 
        activities). If the Secretary approves such plan and awards a 
        grant to the State for the fiscal year, the Secretary may not 
        during such year require the State to modify the plan.
            ``(3) State request for modifications.--If the State 
        determines that modifications to the State plan under this 
        section are necessary, the State may request the approval of 
        the Secretary for such modifications through the annual report 
        of the State under section 1942.
            ``(4) Mental health emergency response.--
                    ``(A) Requirements.--The State plan under this 
                section shall include the State's plan for addressing 
                the mental health and substance use disorder needs of 
                individuals in the State in the event of an emergency 
                or major disaster.
                    ``(B) Demonstration.--The State shall demonstrate 
                how the mental health and substance use disorder plan 
                under subparagraph (A) for providing for the mental 
                health needs of individuals in the event of an 
                emergency or major disaster is incorporated into the 
                State's All-Hazards Public Health Emergency 
                Preparedness and Response Plan required under section 
                319C-1. If the mental health emergency response plan 
                under subparagraph (A) is not so incorporated, the 
                State shall describe how such plan will be incorporated 
                into the State Emergency Response Plan during the 
                period that the State plan under this section is in 
                effect.
                    ``(C) Definitions.--In this paragraph, the terms 
                `emergency' and `major disaster' have the meanings 
                given such terms in section 102 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act.
    ``(c) Definitions Regarding Mental Illness and Emotional 
Disturbance; Methods for Estimate of Incidence and Prevalence.--
            ``(1) Establishment by secretary of definitions; 
        dissemination.--For purposes of this subpart, the Secretary 
        shall establish definitions for the terms `adults with a 
        serious mental illness' and `children with a serious emotional 
        disturbance'. The Secretary shall disseminate the definitions 
        to the States.
            ``(2) Standardized methods.--The Secretary shall establish 
        standardized methods for making the estimates required in 
        subsection (b)(1) with respect to a State. A funding agreement 
        for a grant under section 1911 for the State is that the State 
        will utilize such methods in making the estimates.

``SEC. 1913. CERTAIN AGREEMENTS.

    ``(a) Allocation for Systems of Integrated Services for Children.--
            ``(1) In general.--With respect to children with a serious 
        emotional disturbance, a funding agreement for a grant under 
        section 1911 is that the State involved will expend not less 
        than an amount equal to the amount expended by the State for 
        fiscal year 2006.
            ``(2) Waiver.--
                    ``(A) Upon the request of a State, the Secretary 
                may provide to the State a waiver of all or part of the 
                requirement established in paragraph (1) if the 
                Secretary determines that the State is providing an 
                adequate level of comprehensive community mental health 
                services for children with a serious emotional 
                disturbance, as indicated by a comparison of the number 
                of such children for which such services are sought 
                with the availability in the State of the services.
                    ``(B) The Secretary shall approve or deny a request 
                for a waiver under subparagraph (A) not later than 120 
                days after the date on which the request is made.
                    ``(C) Any waiver provided by the Secretary under 
                subparagraph (A) shall be applicable only to the fiscal 
                year involved.
    ``(b) Providers of Services.--A funding agreement for a grant under 
section 1911 for a State is that, with respect to the plan submitted 
under section 1912(a) for the fiscal year involved--
            ``(1) services under the plan will be provided only through 
        appropriate, qualified community programs (which may include 
        community mental health centers, child mental-health programs, 
        psychosocial rehabilitation programs, mental health peer-
        support programs, and mental-health primary consumer-directed 
        programs); and
            ``(2) services under the plan will be provided through 
        community mental health centers only if the centers meet the 
        criteria specified in subsection (c).
    ``(c) Criteria for Mental Health Centers.--The criteria referred to 
in subsection (b)(2) regarding community mental health centers are as 
follows:
            ``(1) With respect to mental health services, the centers 
        provide services as follows:
                    ``(A) Services principally to individuals residing 
                in a defined geographic area (hereafter in this 
                subsection referred to as a `service area').
                    ``(B) Outpatient services, including specialized 
                outpatient services for children, older Americans, 
                individuals with a serious mental illness, and 
                residents of the service areas of the centers who have 
                been discharged from inpatient treatment at a mental 
                health facility.
                    ``(C) 24-hour-a-day emergency care services.
                    ``(D) Day treatment or other partial 
                hospitalization services, or psychosocial 
                rehabilitation services.
                    ``(E) Screening for patients being considered for 
                admission to State mental health facilities to 
                determine the appropriateness of such admission.
            ``(2) The mental health services of the centers are 
        provided, within the limits of the capacities of the centers, 
        to any individual residing or employed in the service area of 
        the center regardless of ability to pay for such services.
            ``(3) The mental health services of the centers are 
        available and accessible promptly, as appropriate and in a 
        manner which preserves human dignity and assures continuity and 
        high quality care.

``SEC. 1914. STATE MENTAL HEALTH PLANNING COUNCIL.

    ``(a) In General.--A funding agreement for a grant under section 
1911 is that the State involved will establish and maintain a State 
mental health planning council in accordance with the conditions 
described in this section.
    ``(b) Duties.--A condition under subsection (a) for a Council is 
that the duties of the Council are--
            ``(1) to review plans provided to the Council pursuant to 
        section 1915(a) by the State involved and to submit to the 
        State any recommendations of the Council for modifications to 
        the plans;
            ``(2) to serve as an advocate for adults with a serious 
        mental illness, children with a severe emotional disturbance, 
        and other individuals with mental illnesses or emotional 
        problems; and
            ``(3) to monitor, review, and evaluate, not less than once 
        each year, the allocation and adequacy of mental health 
        services within the State.
    ``(c) Membership.--
            ``(1) In general.--A condition under subsection (a) for a 
        Council is that the Council be composed of residents of the 
        State, including representatives of--
                    ``(A) the principal State agencies with respect 
                to--
                            ``(i) mental health, education, vocational 
                        rehabilitation, criminal justice, housing, and 
                        social services; and
                            ``(ii) the development of the plan 
                        submitted pursuant to title XIX of the Social 
                        Security Act;
                    ``(B) public and private entities concerned with 
                the need, planning, operation, funding, and use of 
                mental health services and related support services;
                    ``(C) adults with serious mental illnesses who are 
                receiving (or have received) mental health services; 
                and
                    ``(D) the families of such adults or families of 
                children with emotional disturbance.
            ``(2) Certain requirements.--A condition under subsection 
        (a) for a Council is that--
                    ``(A) with respect to the membership of the 
                Council, the ratio of parents of children with a 
                serious emotional disturbance to other members of the 
                Council is sufficient to provide adequate 
                representation of such children in the deliberations of 
                the Council; and
                    ``(B) not less than 50 percent of the members of 
                the Council are individuals who are not State employees 
                or providers of mental health services.
    ``(d) Definition.--For purposes of this section, the term `Council' 
means a State mental health planning council.

``SEC. 1915. ADDITIONAL PROVISIONS.

    ``(a) Review of State Plan by Mental Health Planning Council.--The 
Secretary may make a grant under section 1911 to a State only if--
            ``(1) the plan submitted under section 1912(a) with respect 
        to the grant and the report of the State under section 1942(a) 
        concerning the preceding fiscal year has been reviewed by the 
        State mental health planning council under section 1914; and
            ``(2) the State submits to the Secretary any 
        recommendations received by the State from such council for 
        modifications to the plan (without regard to whether the State 
        has made the recommended modifications) and any comments 
        concerning the annual report.
    ``(b) Maintenance of Effort Regarding State Expenditures for Mental 
Health.--
            ``(1) Requirement.--
                    ``(A) In general.--A funding agreement for a grant 
                under section 1911 is that the State involved will 
                maintain State expenditures for community mental health 
                services at a level that is not less than the average 
                level of such expenditures maintained by the State for 
                the 2-year period preceding the fiscal year for which 
                the State is applying for the grant.
                    ``(B) Condition.--A State shall be deemed to be in 
                compliance with subparagraph (A) for a fiscal year if 
                State expenditures of the type described in 
                subparagraph (A) for such fiscal year are at least 97 
                percent of the average of such State expenditures for 
                the preceding 2-year period.
            ``(2) Future fiscal years.--Determinations of whether a 
        State has complied with paragraph (1) for each fiscal year 
        shall be based on the State funding level for the preceding 2-
        year period as required under paragraph (1)(A) without regard 
        to reduction in the actual amount of State expenditures as 
        permitted under paragraph (1)(B) or under a waiver under 
        paragraph (4).
            ``(3) Exclusion of certain funds.--The Secretary may 
        exclude from the aggregate State expenditures under paragraph 
        (1), funds appropriated for authorized activities which are of 
        a non-recurring nature and for a specific purpose.
            ``(4) Waiver.--
                    ``(A) In general.--The Secretary may, upon the 
                request of a State, waive the requirements established 
                in paragraph (1), in whole or in part, if--
                            ``(i) the Secretary determines that 
                        extraordinary economic conditions in the State 
                        in the year involved or in the previous year 
                        justify the waiver; or
                            ``(ii) the State or any part of the State 
                        has experienced a natural disaster that has 
                        received a Presidential Disaster Declaration 
                        under section 102 of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act.
                    ``(B) Date certain for acting upon request.--The 
                Secretary shall approve or deny a request for a waiver 
                under subparagraph (A) not later than 120 days after 
                the date on which the request is made.
                    ``(C) Applicability of waiver.--A waiver provided 
                by the Secretary under subparagraph (A) shall be 
                applicable only to the fiscal year involved.
            ``(5) Noncompliance by state.--
                    ``(A) In general.--In making a grant under section 
                1911 to a State for a fiscal year, the Secretary shall 
                make a determination of whether, for the previous 
                fiscal year, the State complied with the agreement made 
                under paragraph (1). If the Secretary determines that a 
                State has failed to maintain such compliance, the 
                Secretary shall reduce the amount of the allotment 
                under section 1911 for the State in the year in which 
                the determination is made by an amount equal to the 
                amount constituting such failure for the previous 
                fiscal year.
                    ``(B) Alternative penalty.--A State that has failed 
                to comply with this section and that would otherwise be 
                subject to a reduction in the State's allotment under 
                section 1911, may, with the approval of the Secretary, 
                in lieu of having the State's allotment under section 
                1911 reduced, agree to comply with the results of a 
                negotiated agreement that is approved by the Secretary 
                and carried out in accordance with guidelines issued by 
                the Secretary.
                    ``(C) Submission of information to the secretary.--
                The Secretary may make a grant under section 1911 for a 
                fiscal year only if the State involved submits to the 
                Secretary information sufficient to enable the 
                Secretary to make the determination required in 
                subparagraph (A).

``SEC. 1916. RESTRICTIONS ON USE OF PAYMENTS.

    ``(a) In General.--A funding agreement for a grant under section 
1911 is that the State involved will not expend the grant--
            ``(1) to provide inpatient services;
            ``(2) to make cash payments to intended recipients of 
        health services;
            ``(3) to purchase or improve land, purchase, construct, or 
        permanently improve (other than minor remodeling) any building 
        or other facility, or purchase major medical equipment;
            ``(4) to satisfy any requirement for the expenditure of 
        non-Federal funds as a condition for the receipt of Federal 
        funds; or
            ``(5) to provide financial assistance to any entity other 
        than a public or nonprofit private entity.
    ``(b) Limitation on Administrative Expenses.--A funding agreement 
for a grant under section 1911 is that the State involved will not 
expend more than 5 percent of the grant for administrative expenses 
with respect to the grant.

``SEC. 1917. APPLICATION FOR GRANT.

    ``(a) In General.--For purposes of section 1911, an application for 
a grant under such section for a fiscal year is in accordance with this 
section if, subject to subsection (b)--
            ``(1) the plan is received by the Secretary not later than 
        September 1 of the fiscal year prior to the fiscal year for 
        which a State is seeking funds, and the report from the 
        previous fiscal year as required under section 1942(a) is 
        received by December 1 of the fiscal year of the grant;
            ``(2) the application contains each funding agreement that 
        is described in this subpart or subpart III for such a grant 
        (other than any such agreement that is not applicable to the 
        State);
            ``(3) the agreements are made through certification from 
        the chief executive officer of the State;
            ``(4) with respect to such agreements, the application 
        provides assurances of compliance satisfactory to the 
        Secretary;
            ``(5) the application contains the plan required in section 
        1912(a), the information required in section 1915(b), and the 
        report required in section 1942(a);
            ``(6) the application contains recommendations in 
        compliance with section 1915(a), or if no such recommendations 
        are received by the State, the application otherwise 
        demonstrates compliance with such section; and
            ``(7) the application (including the plan under section 
        1912(a)) is otherwise in such form, is made in such manner, and 
        contains such agreements, assurances, and information as the 
        Secretary determines to be necessary to carry out this subpart.
    ``(b) Waivers Regarding Certain Territories.--In the case of any 
territory of the United States except Puerto Rico, the Secretary may 
waive such provisions of this subpart and subpart III as the Secretary 
determines to be appropriate, other than the provisions of section 
1916.

``SEC. 1918. DETERMINATION OF AMOUNT OF ALLOTMENT.

    ``(a) States.--
            ``(1) Determination under formula.--Subject to subsection 
        (b), the Secretary shall determine the amount of the allotment 
        required in section 1911 for a State for a fiscal year in 
        accordance with the following formula:


                                                 ``x
A                                                (----)
                                                 u
 

            ``(2) Determination of term `a'.--For purposes of paragraph 
        (1), the term `A' means the difference between--
                    ``(A) the amount appropriated under section 1920(a) 
                for allotments under section 1911 for the fiscal year 
                involved; and
                    ``(B) an amount equal to 1.5 percent of the amount 
                referred to in subparagraph (A).
            ``(3) Determination of term `u'.--For purposes of paragraph 
        (1), the term `U' means the sum of the respective terms `X' 
        determined for the States under paragraph (4).
            ``(4) Determination of term `x'.--For purposes of paragraph 
        (1), the term `X' means the product of--
                    ``(A) an amount equal to the product of--
                            ``(i) the term `P', as determined for the 
                        State involved under paragraph (5); and
                            ``(ii) the factor determined under 
                        paragraph (8) for the State; and
                    ``(B) the greater of--
                            ``(i) 0.4; and
                            ``(ii) an amount equal to an amount 
                        determined for the State in accordance with the 
                        following formula:


                                                 ``R%
1 = .35                                          (----)
                                                 P%
 

            ``(5) Determination of term `p'.--
                    ``(A) For purposes of paragraph (4), the term `P' 
                means the sum of--
                            ``(i) an amount equal to the product of 
                        0.107 and the number of individuals in the 
                        State who are between 18 and 24 years of age 
                        (inclusive);
                            ``(ii) an amount equal to the product of 
                        0.166 and the number of individuals in the 
                        State who are between 25 and 44 years of age 
                        (inclusive);
                            ``(iii) an amount equal to the product of 
                        0.099 and the number of individuals in the 
                        State who are between 45 and 64 years of age 
                        (inclusive); and
                            ``(iv) an amount equal to the product of 
                        0.082 and the number of individuals in the 
                        State who are 65 years of age or older.
                    ``(B) With respect to data on population that is 
                necessary for purposes of making a determination under 
                subparagraph (A), the Secretary shall use the most 
                recent data that is available from the Secretary of 
                Commerce pursuant to the decennial census and pursuant 
                to reasonable estimates by such Secretary of changes 
                occurring in the data in the ensuing period.
            ``(6) Determination of term `r%'.--
                    ``(A) For purposes of paragraph (4), the term `R%', 
                except as provided in subparagraph (D), means the 
                percentage constituted by the ratio of the amount 
                determined under subparagraph (B) for the State 
                involved to the amount determined under subparagraph 
                (C).
                    ``(B) The amount determined under this subparagraph 
                for the State involved is the quotient of--
                            ``(i) the most recent 3-year arithmetic 
                        mean of the total taxable resources of the 
                        State, as determined by the Secretary of the 
                        Treasury; divided by
                            ``(ii) the factor determined under 
                        paragraph (8) for the State.
                    ``(C) The amount determined under this subparagraph 
                is the sum of the respective amounts determined for the 
                States under subparagraph (B) (including the District 
                of Columbia).
                    ``(D)(i) In the case of the District of Columbia, 
                for purposes of paragraph (4), the term `R%' means the 
                percentage constituted by the ratio of the amount 
                determined under clause (ii) for such District to the 
                amount determined under clause (iii).
                    ``(ii) The amount determined under this clause for 
                the District of Columbia is the quotient of--
                            ``(I) the most recent 3-year arithmetic 
                        mean of total personal income in such District, 
                        as determined by the Secretary of Commerce; 
                        divided by
                            ``(II) the factor determined under 
                        paragraph (8) for the District.
                    ``(iii) The amount determined under this clause is 
                the sum of the respective amounts determined for the 
                States (including the District of Columbia) by making, 
                for each State, the same determination as is described 
                in clause (ii) for the District of Columbia.
            ``(7) Determination of term `p%'.--For purposes of 
        paragraph (4), the term `P%' means the percentage constituted 
        by the ratio of the term `P' determined under paragraph (5) for 
        the State involved to the sum of the respective terms `P' 
        determined for the States.
            ``(8) Determination of certain factor.--
                    ``(A) The factor determined under this paragraph 
                for the State involved is a factor whose purpose is to 
                adjust the amount determined under clause (i) of 
                paragraph (4)(A), and the amounts determined under each 
                of subparagraphs (B)(i) and (D)(ii)(I) of paragraph 
                (6), to reflect the differences that exist between the 
                State and other States in the costs of providing 
                comprehensive community mental health services to 
                adults with a serious mental illness and to children 
                with a serious emotional disturbance.
                    ``(B) Subject to subparagraph (C), the factor 
                determined under this paragraph and in effect for the 
                fiscal year involved shall be determined according to 
                the methodology described in the report entitled 
                `Adjusting the Alcohol, Drug Abuse and Mental Health 
                Services Block Grant Allocations for Poverty 
                Populations and Cost of Service', dated March 30, 1990, 
                and prepared by Health Economics Research, a 
                corporation, pursuant to a contract with the National 
                Institute on Drug Abuse.
                    ``(C) The factor determined under this paragraph 
                for the State involved may not for any fiscal year be 
                greater than 1.1 or less than 0.9.
                    ``(D)(i) Not later than October 1, 1992, the 
                Secretary, after consultation with the Comptroller 
                General, shall in accordance with this section make a 
                determination for each State of the factor that is to 
                be in effect for the State under this paragraph. The 
                factor so determined shall remain in effect through 
                fiscal year 1994, and shall be recalculated every third 
                fiscal year thereafter.
                    ``(ii) After consultation with the Comptroller 
                General, the Secretary shall, through publication in 
                the Federal Register, periodically make such 
                refinements in the methodology referred to in 
                subparagraph (B) as are consistent with the purpose 
                described in subparagraph (A).
    ``(b) Minimum Allotments for States.--With respect to fiscal year 
2000, and subsequent fiscal years, the amount of the allotment of a 
State under section 1911 shall not be less than the amount the State 
received under such section for fiscal year 1998.
    ``(c) Territories.--
            ``(1) Determination under formula.--Subject to paragraphs 
        (2) and (4), the amount of an allotment under section 1911 for 
        a territory of the United States for a fiscal year shall be the 
        product of--
                    ``(A) an amount equal to the amounts reserved under 
                paragraph (3) for the fiscal year; and
                    ``(B) a percentage equal to the quotient of--
                            ``(i) the civilian population of the 
                        territory, as indicated by the most recently 
                        available data; divided by
                            ``(ii) the aggregate civilian population of 
                        the territories of the United States, as 
                        indicated by such data.
            ``(2) Minimum allotment for territories.--The amount of an 
        allotment under section 1911 for a territory of the United 
        States for a fiscal year shall be the greater of--
                    ``(A) the amount determined under paragraph (1) for 
                the territory for the fiscal year;
                    ``(B) $50,000; and
                    ``(C) with respect to fiscal years 1993 and 1994, 
                an amount equal to 20.6 percent of the amount received 
                by the territory from allotments made pursuant to this 
                part for fiscal year 1992.
            ``(3) Reservation of amounts.--The Secretary shall each 
        fiscal year reserve for the territories of the United States 
        1.5 percent of the amounts appropriated under section 1920(a) 
        for allotments under section 1911 for the fiscal year.
            ``(4) Availability of data on population.--With respect to 
        data on the civilian population of the territories of the 
        United States, if the Secretary determines for a fiscal year 
        that recent such data for purposes of paragraph (1)(B) do not 
        exist regarding a territory, the Secretary shall for such 
        purposes estimate the civilian population of the territory by 
        modifying the data on the territory to reflect the average 
        extent of change occurring during the ensuing period in the 
        population of all territories with respect to which recent such 
        data do exist.
            ``(5) Applicability of certain provisions.--For purposes of 
        subsection (a), the term `State' does not include the 
        territories of the United States.

``SEC. 1919. DEFINITIONS.

    ``For purposes of this subpart:
            ``(1) The terms `adults with a serious mental illness' and 
        `children with a serious emotional disturbance' have the 
        meanings given such terms under section 1912(c)(1).
            ``(2) The term `funding agreement', with respect to a grant 
        under section 1911 to a State, means that the Secretary may 
        make such a grant only if the State makes the agreement 
        involved.

``SEC. 1920. FUNDING.

    ``(a) Authorization of Appropriations.--For the purpose of carrying 
out this subpart, and subpart III and section 504 with respect to 
mental health, there are authorized to be appropriated $450,000,000 for 
fiscal year 2011, and such sums as may be necessary for each of the 
fiscal years 2012 through 2015.
    ``(b) Allocations for Technical Assistance, Data Collection, and 
Program Evaluation.--
            ``(1) In general.--For the purpose of carrying out section 
        1948(a) and 1945(g) with respect to mental health and the 
        purposes specified in paragraphs (2) and (3), the Secretary 
        shall obligate 5 percent of the amounts appropriated under 
        subsection (a) for a fiscal year.
            ``(2) Data collection.--The purpose specified in this 
        paragraph is carrying out section 504 with respect to mental 
        health.
            ``(3) Program evaluation.--The purpose specified in this 
        paragraph is the conduct of evaluations of prevention and 
        treatment programs and services with respect to mental health 
        to determine methods for improving the availability and quality 
        of such programs and services.

 ``Subpart II--Block Grants for Prevention and Treatment of Substance 
                             Use Disorders

``SEC. 1921. FORMULA GRANTS TO STATES.

    ``(a) In General.--For the purpose described in subsection (b), the 
Secretary, acting through the Center for Substance Abuse Treatment, 
shall make an allotment each fiscal year for each State in an amount 
determined in accordance with section 1932. The Secretary shall make a 
grant to the State of the allotment made for the State for the fiscal 
year if the State submits to the Secretary an application in accordance 
with section 1931.
    ``(b) Authorized Activities.--A funding agreement for a grant under 
subsection (a) is that, subject to section 1930, the State involved 
will expend the grant only for the purpose of carrying out the plan 
developed in accordance with section 1931(b) and for planning, carrying 
out, and evaluating activities to prevent and treat substance use 
disorders and for related activities authorized in section 1924.

``SEC. 1922. CERTAIN ALLOCATIONS.

    ``(a) Allocation Regarding Primary Prevention Programs.--A funding 
agreement for a grant under section 1921 is that, in expending the 
grant, the State involved will expend not less than 20 percent for 
programs to prevent the abuse of alcohol and drugs that are--
            ``(1) designed to reach an entire population or large 
        audience, including activities intended to address 
        environmental issues related to the use of alcohol and drugs;
            ``(2) designed to target subgroups that may be at risk of 
        using substances; and
            ``(3) designed to identify and intervene with individuals 
        who are experiencing early signs of substance use or abuse.
    ``(b) Allocations Regarding Women.--
            ``(1) In general.--Subject to paragraph (2), a funding 
        agreement for a grant under section 1921 for a fiscal year is 
        that the State will expend not less than it expended in fiscal 
        year 2006 on treatment services for pregnant women and women 
        with dependent children.
            ``(2) Waiver.--
                    ``(A) Upon the request of a State, the Secretary 
                may provide to the State a waiver of all or part of the 
                requirement established in paragraph (1) if the 
                Secretary determines that the State is providing an 
                adequate level of treatments services for women 
                described in such paragraph, as indicated by a 
                comparison of the number of such women seeking the 
                services with the availability in the State of the 
                services.
                    ``(B) The Secretary shall approve or deny a request 
                for a waiver under subparagraph (A) not later than 120 
                days after the date on which the request is made.
                    ``(C) Any waiver provided by the Secretary under 
                subparagraph (A) shall be applicable only to the fiscal 
                year involved.
            ``(3) Childcare and prenatal care.--A funding agreement for 
        a grant under section 1921 for a State is that each entity 
        providing treatment services with amounts reserved under 
        paragraph (1) by the State will, directly or through 
        arrangements with other public or nonprofit private entities, 
        make available prenatal care to women receiving such services 
        and, while the women are receiving the services, childcare.

``SEC. 1923. INTRAVENOUS SUBSTANCE ABUSE.

    ``A funding agreement for a grant under section 1921 is that the 
State involved, in providing amounts from the grant to any entity for 
treatment services, will require the entity to carry out activities to 
encourage individuals in need of such treatment who are intravenous 
drug users to undergo treatment.

``SEC. 1924. REQUIREMENTS REGARDING TUBERCULOSIS AND OTHER COMMUNICABLE 
              DISEASES, AND THE HUMAN IMMUNODEFICIENCY VIRUS.

    ``(a) Tuberculosis and Other Communicable Diseases.--
            ``(1) In general.--A funding agreement for a grant under 
        section 1921 is that the State involved will require that any 
        entity receiving amounts from the grant for operating a program 
        of treatment for substance use disorders--
                    ``(A) will, directly or through arrangements with 
                other public or nonprofit private entities, routinely 
                make available services for tuberculosis and other 
                communicable diseases to each individual receiving 
                treatment for such abuse; and
                    ``(B) in the case of an individual in need of such 
                treatment who is denied admission to the program on the 
                basis of the lack of the capacity of the program to 
                admit the individual, will refer the individual to 
                another provider of tuberculosis and other communicable 
                diseases services.
            ``(2) Services.--For purposes of paragraph (1), the term 
        `tuberculosis and other communicable diseases services', with 
        respect to an individual, means--
                    ``(A) counseling the individual with respect to 
                tuberculosis and other communicable diseases;
                    ``(B) testing to determine whether the individual 
                has contracted and of such diseases and testing to 
                determine the form of treatment for the disease that is 
                appropriate for the individual; and
                    ``(C) providing such treatment to the individual.
    ``(b) Human Immunodeficiency Virus.--
            ``(1) Requirement for certain states.--
                    ``(A) In general.--In the case of a State described 
                in paragraph (2), a funding agreement for a grant under 
                section 1921 is that--
                            ``(i) with respect to individuals 
                        undergoing treatment for substance use 
                        disorders, the State will, subject to 
                        subsection (c), carry out 1 or more projects to 
                        make available to the individuals early 
                        intervention services for HIV disease at the 
                        sites at which the individuals are undergoing 
                        such treatment;
                            ``(ii) for the purpose of providing such 
                        early intervention services through such 
                        projects, the State will make available 5 
                        percent of the amount of the grant; and
                            ``(iii) the State will, subject to 
                        subsection (d), carry out such projects only in 
                        geographic areas of the State that have the 
                        greatest need for the projects.
                    ``(B) Other states.--In the case of a State that is 
                not a designated State as described in paragraph (2), 
                the State may expend not to exceed 5 percent of the 
                amount of the grant for the provision of HIV early 
                intervention services on the condition that the State 
                provides such services in accordance with this 
                subsection.
            ``(2) Designated states.--For purposes of this subsection, 
        a State described in this paragraph is any State whose rate of 
        cases of acquired immune deficiency syndrome is 10 or more such 
        cases per 100,000 individuals (as indicated by the number of 
        such cases reported to and confirmed by the Director of the 
        Centers for Disease Control and Prevention for the most recent 
        calendar year for which such data are available).
            ``(3) Use of existing programs regarding substance use 
        disorders.--With respect to programs that provide treatment 
        services for substance use disorders, a funding agreement for a 
        grant under section 1921 for a designated State is that each 
        such program participating in a project under paragraph (1) 
        will be a program that began operation prior to the fiscal year 
        for which the State is applying to receive the grant. A program 
        that so began operation may participate in a project under 
        paragraph (1) without regard to whether the program has been 
        providing early intervention services for HIV disease.
            ``(4) Requirement regarding rural areas.--
                    ``(1) In general.--A funding agreement for a grant 
                under section 1921 for a designated State is that, if 
                the State will carry out 2 or more projects under 
                subsection (a), the State will carry out 1 such project 
                in a rural area of the State, subject to subparagraph 
                (B).
                    ``(2) Waiver.--The Secretary shall waive the 
                requirement established in subparagraph (A) if the 
                State involved certifies to the Secretary that--
                            ``(A) there is insufficient demand in the 
                        State to carry out a project under subsection 
                        (a) in any rural area of the State; or
                            ``(B) there are no rural areas in the 
                        State.
            ``(5) Manner of providing services.--With respect to the 
        provision of early intervention services for HIV disease to an 
        individual, a funding agreement for a grant under section 1921 
        for a designated State is that--
                    ``(1) such services will be undertaken voluntarily 
                by, and with the informed consent of, the individual; 
                and
                    ``(2) undergoing such services will not be required 
                as a condition of receiving treatment services for 
                substance use disorders or any other services.
    ``(c) Expenditure of Grant for Compliance With Agreements.--
            ``(1) In general.--A grant under section 1921 may be 
        expended for purposes of compliance with the agreements 
        required in this section, subject to paragraph (2).
            ``(2) Limitation.--A funding agreement for a grant under 
        section 1921 for a State is that the grant will not be expended 
        to make payment for any service provided for purposes of 
        compliance with this section to the extent that payment has 
        been made, or can reasonably be expected to be made, with 
        respect to such service--
                    ``(A) under any State compensation program, under 
                any insurance policy, or under any Federal or State 
                health benefits program (including the program 
                established in title XVIII of the Social Security Act 
                and the program established in title XIX of such Act); 
                or
                    ``(B) by an entity that provides health services on 
                a prepaid basis.
    ``(d) Applicability of Certain Provision.--Section 1930 applies to 
this section (and to each other provision of this subpart).
    ``(e) Definitions.--For purposes of this section:
            ``(1) Early intervention services.--The term `early 
        intervention services', with respect to HIV disease, means--
                    ``(A) appropriate pretest counseling;
                    ``(B) testing individuals with respect to such 
                disease, including tests to confirm the presence of the 
                disease, tests to diagnose the extent of the deficiency 
                in the immune system, and tests to provide information 
                on appropriate therapeutic measures for preventing and 
                treating the deterioration of the immune system and for 
                preventing and treating conditions arising from the 
                disease;
                    ``(C) appropriate post-test counseling; and
                    ``(D) providing the therapeutic measures described 
                in subparagraph (B).
            ``(2) HIV disease.--The term `HIV disease' means infection 
        with the etiologic agent for acquired immune deficiency 
        syndrome.

``SEC. 1925. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.

    ``(a) State Revolving Funds for Establishment of Homes.--A State, 
using funds available under section 1921, may establish and maintain 
the ongoing operation of a revolving fund in accordance with this 
section to support group homes for recovering substance abusers as 
follows:
            ``(1) The purpose of the fund is to make loans for the 
        costs of establishing programs for the provision of housing in 
        which individuals recovering from alcohol or drug abuse may 
        reside in groups of not less than 6 individuals. The fund is 
        established directly by the State or through the provision of a 
        grant or contract to a nonprofit private entity.
            ``(2) The programs are carried out in accordance with 
        guidelines issued under subsection (b).
            ``(3) Not less than $100,000 is available for the fund.
            ``(4) Loans made from the revolving fund do not exceed 
        $4,000 and each such loan is repaid to the revolving fund by 
        the residents of the housing involved not later than 2 years 
        after the date on which the loan is made.
            ``(5) Each such loan is repaid by such residents through 
        monthly installments, and a reasonable penalty is assessed for 
        each failure to pay such periodic installments by the date 
        specified in the loan agreement involved.
            ``(6) Such loans are made only to nonprofit private 
        entities agreeing that, in the operation of the program 
        established pursuant to the loan--
                    ``(A) the use of alcohol or any illegal drug in the 
                housing provided by the program will be prohibited;
                    ``(B) any resident of the housing who violates such 
                prohibition will be expelled from the housing;
                    ``(C) the costs of the housing, including fees for 
                rent and utilities, will be paid by the residents of 
                the housing; and
                    ``(D) the residents of the housing will, through a 
                majority vote of the residents, otherwise establish 
                policies governing residence in the housing, including 
                the manner in which applications for residence in the 
                housing are approved.
    ``(b) Issuance by Secretary of Guidelines.--The Secretary shall 
ensure that there are in effect guidelines under this subpart for the 
operation of programs described in subsection (a).
    ``(c) Applicability to Territories.--The requirements established 
in subsection (a) shall not apply to any territory of the United States 
other than the Commonwealth of Puerto Rico.

``SEC. 1926. STATE LAW REGARDING SALE OF TOBACCO PRODUCTS TO 
              INDIVIDUALS UNDER AGE OF 18.

    ``(a) Relevant Law.--The Secretary may make a grant under section 
1921 only if the State involved has in effect a law providing that it 
is unlawful for any manufacturer, retailer, or distributor of tobacco 
products to sell or distribute any such product to any individual under 
the age of 18.
    ``(b) Enforcement.--
            ``(1) In general.--A funding agreement for a grant under 
        section 1921 is that the State involved will enforce the law 
        described in subsection (a) in a manner that can reasonably be 
        expected to reduce the extent to which tobacco products are 
        available to individuals under the age of 18.
            ``(2) Activities and reports regarding enforcement.--A 
        funding agreement for a grant under section 1921 is that the 
        State involved will--
                    ``(A) annually conduct random, unannounced 
                inspections to ensure compliance with the law described 
                in subsection (a); and
                    ``(B) annually submit to the Secretary a report 
                describing--
                            ``(i) the activities carried out by the 
                        State to enforce such law during the fiscal 
                        year preceding the fiscal year for which the 
                        State is seeking the grant;
                            ``(ii) the extent of success the State has 
                        achieved in reducing the availability of 
                        tobacco products to individuals under the age 
                        of 18; and
                            ``(iii) the strategies to be utilized by 
                        the State for enforcing such law during the 
                        fiscal year for which the grant is sought.
    ``(c) Noncompliance of State.--
            ``(1) In general.--Before making a grant under section 1921 
        to a State, the Secretary shall make a determination of whether 
        the State has maintained compliance with subsection (b). If, 
        after notice to the State and an opportunity for a hearing, the 
        Secretary determines that the State is not in compliance with 
        such subsection, the Secretary shall--
                    ``(A) reduce the amount of the allotment under such 
                section for the State for the fiscal year involved by 
                an amount equal to 40 percent of the amount determined 
                under section 1933 for the State for the fiscal year; 
                or
                    ``(B) require the State to certify to the Secretary 
                by May 1 of the fiscal year for which the State is 
                seeking grant funds, that the State will--
                            ``(i) maintain State expenditures in such 
                        fiscal year for tobacco prevention programs and 
                        for compliance activities, including 
                        enforcement, at a level that is not less than 
                        the level of expenditures maintained by the 
                        State for such activities for the previous 
                        fiscal year; and
                            ``(ii) increase State expenditures to 
                        ensure compliance with the State law required 
                        under subsection (a) by an amount equal to the 
                        product of--
                                    ``(I) 1 percent of such State's 
                                allocation under section 1921 for the 
                                fiscal year; and
                                    ``(II) the number of percentage 
                                points by which the State has failed to 
                                achieve the retailer compliance rate 
                                goal established by the Secretary for 
                                such State under this section.
            ``(2) Expenditure report.--A State to which paragraph 
        (1)(B) applies shall, not later than July 31 of the fiscal year 
        for which such paragraph is being applied, submit to the 
        Secretary a report concerning--
                    ``(A) all expenditures of the State for tobacco 
                prevention and compliance activities, including 
                enforcement, during the fiscal year immediately 
                preceding such fiscal year; and
                    ``(B) all obligations for such activities (listed 
                by program) for the fiscal year for which such 
                paragraph is being applied.
            ``(3) Discretion of secretary.--The Secretary shall have 
        discretion relating to the timing of the State's obligation of 
        the additional funds as required under the State certification 
        described in paragraph (1)(B)(ii).
    ``(d) Territories.--A funding agreement for a grant under section 
1921 is that a territory involved will submit to the Secretary for 
approval, a comprehensive tobacco prevention and control plan to reduce 
the availability of tobacco products to minors within the territory.
    ``(e) Definition.--For purposes of this section:
            ``(1) State.--The term `State' includes the States, the 
        District of Columbia, and the Commonwealth of Puerto Rico.
            ``(2) Territory.--The term `territory' means American 
        Samoa, the Republic of Palau, the Federated States of 
        Micronesia, the Marshall Islands, the Commonwealth of the 
        Northern Mariana Islands, the United States Virgin Islands, and 
        Guam.

``SEC. 1927. TREATMENT SERVICES FOR PREGNANT WOMEN.

    ``(a) In General.--A funding agreement for a grant under section 
1921 is that the State involved--
            ``(1) will ensure that each pregnant woman in the State who 
        seeks or is referred for and would benefit from such services 
        is given preference in admissions to treatment facilities 
        receiving funds pursuant to the grant; and
            ``(2) will, in carrying out paragraph (1), publicize the 
        availability to such women of services from the facilities and 
        the fact that the women receive such preference.
    ``(b) Referrals Regarding States.--A funding agreement for a grant 
under section 1921 is that, in carrying out subsection (a)(1)--
            ``(1) the State involved will require that, in the event 
        that a treatment facility has insufficient capacity to provide 
        treatment services to any woman described in such subsection 
        who seeks the services from the facility, the facility refer 
        the woman to the State; and
            ``(2) the State, in the case of each woman for whom a 
        referral under paragraph (1) is made to the State--
                    ``(A) will refer the woman to a treatment facility 
                that has the capacity to provide treatment services to 
                the woman; or
                    ``(B) will, if no treatment facility has the 
                capacity to admit the woman, make interim services 
                available to the woman not later than 48 hours after 
                the women seeks the treatment services.

``SEC. 1928. ADDITIONAL AGREEMENTS.

    ``(a) Improvement of Process for Appropriate Referrals for 
Treatment.--With respect to individuals seeking treatment services, a 
funding agreement for a grant under section 1921 is that the State 
involved will improve the process in the State for referring the 
individuals to treatment facilities that can provide to the individuals 
the treatment modality that is most appropriate for the individuals.
    ``(b) Professional Development.--A funding agreement for a grant 
under section 1921 is that the State involved will ensure that 
prevention and treatment professionals operating in the State's 
substance use disorder prevention and treatment system have an 
opportunity to receive training, on an ongoing basis, concerning--
            ``(1) recent trends in drug abuse in the State;
            ``(2) improved methods and evidence-based practices for 
        providing substance use disorder prevention and treatment 
        services;
            ``(3) performance-based accountability;
            ``(4) data collection and reporting requirements;
            ``(5) any other matters that would serve to further improve 
        the delivery of substance use disorder prevention and treatment 
        services with the State; and
            ``(6) innovative practices developed under section 581.
    ``(c) Coordination of Various Activities and Services.--A funding 
agreement for a grant under section 1921 is that the State involved 
will coordinate prevention and treatment activities with the provision 
of other appropriate services (including health, social, correctional 
and criminal justice, educational, vocational rehabilitation, housing, 
and employment services).
    ``(d) Waiver of Requirement.--
            ``(1) In general.--Upon the request of a State, the 
        Secretary may provide to a State a waiver of any or all of the 
        requirements established in this section if the Secretary 
        determines that, with respect to services for the prevention 
        and treatment of substance use disorders, the requirement 
        involved is unnecessary for maintaining quality in the 
        provision of such services in the State.
            ``(2) Date certain for acting upon request.--The Secretary 
        shall approve or deny a request for a waiver under paragraph 
        (1) not later than 120 days after the date on which the request 
        is made.
            ``(3) Applicability of waiver.--Any waiver provided by the 
        Secretary under paragraph (1) shall be applicable only to the 
        fiscal year involved.

``SEC. 1929. MAINTENANCE OF EFFORT REGARDING STATE EXPENDITURES.

    ``(a) Requirement.--
            ``(1) In general.--With respect to the principal agency of 
        a State for carrying out authorized activities, a funding 
        agreement for a grant under section 1921 for the State for a 
        fiscal year is that such agency will for such year maintain 
        aggregate State expenditures for authorized activities at a 
        level that is not less than the average level of such 
        expenditures maintained by the State for the 2-year period 
        preceding the fiscal year for which the State is applying for 
        the grant.
            ``(2) Material compliance.--A State shall be deemed to be 
        in compliance with paragraph (1) for a fiscal year if State 
        expenditures of the type described in such paragraph for such 
        fiscal year are at least 97 percent of such State expenditures 
        for the preceding 2-year period.
            ``(3) Future obligations.--In applying paragraph (1) to a 
        State, the Secretary shall determine such State's compliance 
        with such paragraph based on the amount of State expenditures 
        that constituted actual compliance, not material compliance (as 
        provided for in paragraph (2)), or that would have been 
        required if the State had not been granted a waiver under 
        subsection (c).
    ``(b) Exclusion of Certain Funds.--The Secretary may exclude from 
the aggregate State expenditures under subsection (a), funds 
appropriated to the principle agency for authorized activities which 
are of a non-recurring nature and for a specific purpose.
    ``(c) Waiver.--
            ``(1) In general.--Upon the request of a State, the 
        Secretary may waive all or part of the requirement established 
        in subsection (a)(1)--
                    ``(A) if the Secretary determines that 
                extraordinary economic conditions in the State in the 
                fiscal year involved or in the previous fiscal year 
                justify the waiver; and
                    ``(B) if the State or any part of the State has 
                experienced an emergency or a natural disaster that has 
                received a Presidential Disaster Declaration under 
                section 102 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act.
            ``(2) Date certain for acting upon request.--The Secretary 
        shall approve or deny a request for a waiver under paragraph 
        (1) not later than 120 days after the date on which the request 
        is made.
            ``(3) Applicability of waiver.--Any waiver provided by the 
        Secretary under paragraph (1) shall be applicable only to the 
        fiscal year involved.
    ``(d) Noncompliance by State.--
            ``(1) In general.--In making a grant under section 1921 to 
        a State for a fiscal year, the Secretary shall make a 
        determination of whether, for the previous fiscal year, the 
        State complied with any agreement made under subsection (a). If 
        the Secretary determines that a State has failed to maintain 
        such compliance, the Secretary shall reduce the amount of the 
        allotment under section 1921 for the State for the year in 
        which a final determination is made, by an amount equal to the 
        amount constituting such failure.
            ``(2) Alternative penalty.--A State that has failed to 
        comply with this section and that would otherwise be subject to 
        a reduction in the State's allotment under section 1921, may, 
        with the approval of the Secretary, in lieu of having the 
        State's allotment under section 1921 reduced, agree to comply 
        with a negotiated agreement that is approved by the Secretary 
        and carried out in accordance with guidelines issued by the 
        Secretary.
            ``(3) Submission of information to secretary.--The 
        Secretary may make a grant under section 1921 for a fiscal year 
        only if the State involved submits to the Secretary information 
        sufficient for the Secretary to make the determination required 
        in paragraph (1).

``SEC. 1930. RESTRICTIONS ON EXPENDITURE OF GRANT.

    ``(a) In General.--
            ``(1) Certain restrictions.--A funding agreement for a 
        grant under section 1921 is that the State involved will not 
        expend the grant--
                    ``(A) to provide inpatient hospital services, 
                except as provided in subsection (b);
                    ``(B) to make cash payments to intended recipients 
                of health services;
                    ``(C) to purchase or improve land, purchase, 
                construct, or permanently improve (other than minor 
                remodeling) any building or other facility, or purchase 
                major medical equipment;
                    ``(D) to satisfy any requirement for the 
                expenditure of non-Federal funds as a condition for the 
                receipt of Federal funds;
                    ``(E) to provide financial assistance to any entity 
                other than a public or nonprofit private entity; or
                    ``(F) to carry out any program prohibited by 
                section 256(b) of the Health Omnibus Programs Extension 
                of 1988 (42 U.S.C. 300ee-5).
            ``(2) Limitation on administrative expenses.--A funding 
        agreement for a grant under section 1921 is that the State 
        involved will not expend more than 5 percent of the grant to 
        pay the costs of administering the grant.
            ``(3) Limitation regarding penal and correctional 
        institutions.--A funding agreement for a State for a grant 
        under section 1921 is that, in expending the grant for the 
        purpose of providing treatment services in penal or 
        correctional institutions of the State, the State will not 
        expend more than an amount equal to the amount expended for 
        such purpose by the State from the grant made under section 
        1912A to the State for fiscal year 1991 (as section 1912A was 
        in effect for such fiscal year).
    ``(b) Exception Regarding Inpatient Hospital Services.--
            ``(1) Medical necessity as precondition.--With respect to 
        compliance with the agreement made under subsection (a), a 
        State may expend a grant under section 1921 to provide 
        inpatient hospital services as treatment for substance use 
        disorders only if it has been determined, in accordance with 
        guidelines issued by the Secretary, that such treatment is a 
        medical necessity for the individual involved, and that the 
        individual cannot be effectively treated in a community-based, 
        nonhospital, residential program of treatment.
            ``(2) Rate of payment.--In the case of an individual for 
        whom a grant under section 1921 is expended to provide 
        inpatient hospital services described in paragraph (1), a 
        funding agreement for the grant for the State involved is that 
        the daily rate of payment provided to the hospital for 
        providing the services to the individual will not exceed the 
        comparable daily rate provided for community-based, 
        nonhospital, residential programs of treatment for substance 
        use disorders.
    ``(c) Waiver Regarding Construction of Facilities.--
            ``(1) In general.--The Secretary may provide to any State a 
        waiver of the restriction established in subsection (a)(1)(C) 
        for the purpose of authorizing the State to expend a grant 
        under section 1921 for the construction of a new facility or 
        rehabilitation of an existing facility, but not for land 
        acquisition.
            ``(2) Standard regarding need for waiver.--The Secretary 
        may approve a waiver under paragraph (1) only if the State 
        demonstrates to the Secretary that adequate treatment cannot be 
        provided through the use of existing facilities and that 
        alternative facilities in existing suitable buildings are not 
        available.
            ``(3) Amount.--In granting a waiver under paragraph (1), 
        the Secretary shall allow the use of a specified amount of 
        funds to construct or rehabilitate a specified number of beds 
        for residential treatment and a specified number of slots for 
        outpatient treatment, based on reasonable estimates by the 
        State of the costs of construction or rehabilitation. In 
        considering waiver applications, the Secretary shall ensure 
        that the State has carefully designed a program that will 
        minimize the costs of additional beds.
            ``(4) Matching funds.--The Secretary may grant a waiver 
        under paragraph (1) only if the State agrees, with respect to 
        the costs to be incurred by the State in carrying out the 
        purpose of the waiver, to make available non-Federal 
        contributions in cash toward such costs in an amount equal to 
        not less than $1 for each $1 of Federal funds provided under 
        section 1921.
            ``(5) Date certain for acting upon request.--The Secretary 
        shall act upon a request for a waiver under paragraph (1) not 
        later than 120 days after the date on which the request is 
        made.

``SEC. 1931. APPLICATION FOR GRANT; APPROVAL OF STATE PLAN.

    ``(a) In General.--For purposes of section 1921, an application for 
a grant under such section for a fiscal year is in accordance with this 
section if, subject to subsection (c)--
            ``(1) the application is received by the Secretary not 
        later than October 1 of the fiscal year for which the State is 
        seeking funds;
            ``(2) the application contains each funding agreement that 
        is described in this subpart or subpart III for such a grant 
        (other than any such agreement that is not applicable to the 
        State);
            ``(3) the agreements are made through certification from 
        the chief executive officer of the State;
            ``(4) with respect to such agreements, the application 
        provides assurances of compliance satisfactory to the 
        Secretary;
            ``(5) the application contains the information required in 
        section 1929 and the report required in section 1942;
            ``(6)(A) the application contains a plan in accordance with 
        subsection (b) and the plan is approved by the Secretary; and
            ``(B) the State provides assurances satisfactory to the 
        Secretary that the State complied with the provisions of the 
        plan under subparagraph (A) that was approved by the Secretary 
        for the most recent fiscal year for which the State received a 
        grant under section 1921; and
            ``(7) the application (including the plan under paragraph 
        (6)) is otherwise in such form, is made in such manner, and 
        contains such agreements, assurances, and information as the 
        Secretary determines to be necessary to carry out this subpart.
    ``(b) State Plans.--
            ``(1) In general.--In order for a State to be in compliance 
        with subsection (a)(6), the State shall submit to the 
        Secretary, every 3 years, a plan that, at a minimum, includes 
        the following:
                    ``(A) A description of the State's system of care 
                that--
                            ``(i) identifies the single State agency 
                        responsible for the administration of the 
                        program, including any third party who 
                        administers substance use disorder services and 
                        is responsible for complying with the 
                        requirements of the grant;
                            ``(ii) provides information on the need for 
                        substance use disorder prevention and treatment 
                        services in the State by age, sex, race, and 
                        ethnicity including estimates on the number of 
                        individuals who need treatment, who are women, 
                        who are pregnant, who are women with children, 
                        who are individuals with a co-occurring mental 
                        health and substance use disorder, who are 
                        intravenous drug users and who are homeless 
                        individuals;
                            ``(iii) provides a description of 
                        consequences and consumption patterns by 
                        location, age, sex, race, and ethnicity;
                            ``(iv) provides information on the current 
                        number of individuals in treatment within the 
                        State by age, sex, race, and ethnicity 
                        including the number of such individuals who 
                        are women, who are pregnant, who have children, 
                        individuals with a co-occurring mental health 
                        and substance use disorder, intravenous drug 
                        users and who are homeless individuals;
                            ``(v) provides a description of the system 
                        that is available to provide services by 
                        modality, including the provision of recovery 
                        support services;
                            ``(vi) provides an assessment on the 
                        adequacy of the system to respond to the need;
                            ``(vii) provides the latest performance 
                        outcome data, including outcome data determined 
                        in accordance with section 504(b);
                            ``(viii) provides a description of the 
                        State's comprehensive statewide prevention 
                        effort, including the number of individuals 
                        being served in the system, and provides a 
                        description of the amount of funds from the 
                        prevention set-aside expended on primary 
                        prevention;
                            ``(ix) identifies target populations and 
                        priority needs for prevention services;
                            ``(x) provides a description of the 
                        resources available in the State to pay for the 
                        services, including funding under Medicaid, 
                        title XXVI, and other Federal programs such as 
                        grants to the State, local jurisdiction of the 
                        State or nonprofit private entities awarded 
                        under title V and how the State is maximizing 
                        these resources;
                            ``(xi) provides a description of the manner 
                        in which the State and local entities 
                        coordinate prevention and treatment services 
                        with other agencies, including health, mental 
                        health, juvenile justice, law enforcement, 
                        education, social services, and child welfare;
                            ``(xii) describes the existing mental 
                        health and substance use disorders workforce, 
                        including data on the number of individuals who 
                        serve in the system of care designated by 
                        profession, the need for additional 
                        professionals and paraprofessionals, the 
                        efforts of the State to recruit and retain a 
                        qualified mental health and substance use 
                        disorders workforce, and a copy of the 
                        standards the State uses in certifying or 
                        licensing facilities and counselors for 
                        prevention and treatment facilities;
                            ``(xiii) includes a description of how the 
                        State promotes evidenced-based practices; and
                            ``(xiv) a description of how the State 
                        integrates mental health and substance use 
                        disorder services and primary health care, 
                        which may include providing mental health and 
                        substance use disorder services in primary care 
                        settings or providing primary and specialty 
                        care services in community-based mental health 
                        and substance use disorder service settings.
                    ``(B) An analysis of the system that identifies the 
                strengths and weaknesses of the system of care, and an 
                assessment of the adequacy of the system to respond to 
                the need for services.
                    ``(C) The establishment of goals and objectives, 
                including goals and objectives for the outcome measures 
                established under section 504(b), for the period of the 
                plan including targets and milestones that are intended 
                to be met and the activities that will be undertaken to 
                achieve those targets.
                    ``(D) A description of how the State will comply 
                with each funding agreement for a grant under section 
                1921 that is applicable to the State, including a 
                description of the manner in which the State intends to 
                expend the grant.
                    ``(E) Data on the percentage of grant funds 
                expended for primary prevention services.
            ``(2) Authority of the secretary regarding modifications.--
        As a condition of awarding a grant under section 1921 to a 
        State for a fiscal year, the Secretary may require that the 
        State modify any provision of the plan submitted by the State 
        under subsection (a)(6) (including provisions on priorities in 
        carrying out authorized activities) only after significant 
        dialogue and negotiations between the State and the Secretary 
        concerning the identified modifications. If the Secretary 
        approves the plan and awards the grant to the State for the 
        fiscal year, the Secretary may not during such year require the 
        State to modify the plan.
            ``(3) State request for modification.--If the State 
        determines that modifications to the plan are necessary, the 
        State may request the Secretary to approve such modifications 
        through its annual report required under section 1942.
            ``(4) Substance use disorder emergency response.--
                    ``(A) Requirements.--The State plan under this 
                section shall includes the State's plan for addressing 
                the mental health and substance use disorder needs of 
                individuals in the State in the event of an emergency 
                or major disaster.
                    ``(B) Demonstration.--The State shall demonstrate 
                how the mental health and substance use disorder plan 
                under subparagraph (A) for providing for the substance 
                use disorder health needs of individuals in the event 
                of an emergency or major disaster is incorporated into 
                the State's All-Hazards Public Health Emergency 
                Preparedness and Response Plan required under section 
                319C-1. If the substance use disorder emergency 
                response plan under subparagraph (A) is not so 
                incorporated, the State shall describe how such plan 
                will be incorporated into the State Emergency Response 
                Plan during the period that the State plan under this 
                section is in effect.
                    ``(C) Definitions.--In this paragraph, the terms 
                `emergency' and `major disaster' have the meanings 
                given such terms in section 102 of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act.
    ``(c) Waivers Regarding Certain Territories.--In the case of any 
territory of the United States except Puerto Rico, the Secretary may 
waive such provisions of this subpart and subpart III as the Secretary 
determines to be appropriate, other than the provisions of section 
1930.
    ``(d) Issuance of Regulations.--The Secretary shall establish 
standards specifying the circumstances in which the Secretary will 
consider an application for a grant under section 1921 to be in 
accordance with this section.

``SEC. 1932. DETERMINATION OF AMOUNT OF ALLOTMENT.

    ``(a) States.--
            ``(1) In general.--Subject to subsection (b), the Secretary 
        shall determine the amount of the allotment required in section 
        1921 for a State for a fiscal year as follows:
                    ``(A) The formula established in paragraph (1) of 
                section 1918(a) shall apply to this subsection to the 
                same extent and in the same manner as the formula 
                applies for purposes of section 1918(a), except that, 
                in the application of such formula for purposes of this 
                subsection, the modifications described in subparagraph 
                (B) shall apply.
                    ``(B) For purposes of subparagraph (A), the 
                modifications described in this subparagraph are as 
                follows:
                            ``(i) The amount specified in paragraph 
                        (2)(A) of section 1918(a) is deemed to be the 
                        amount appropriated under section 1935(a) for 
                        allotments under section 1921 for the fiscal 
                        year involved.
                            ``(ii) The term `P' is deemed to have the 
                        meaning given in paragraph (2) of this 
                        subsection. Section 1918(a)(5)(B) applies to 
                        the data used in determining such term for the 
                        States.
                            ``(iii) The factor determined under 
                        paragraph (8) of section 1918(a) is deemed to 
                        have the purpose of reflecting the differences 
                        that exist between the State involved and other 
                        States in the costs of providing authorized 
                        services.
            ``(2) Determination of term `p'.--For purposes of this 
        subsection, the term `P' means the percentage that is the 
        arithmetic mean of the percentage determined under subparagraph 
        (A) and the percentage determined under subparagraph (B), as 
        follows:
                    ``(A) The percentage constituted by the ratio of--
                            ``(i) an amount equal to the sum of the 
                        total number of individuals who reside in the 
                        State involved and are between 18 and 24 years 
                        of age (inclusive) and the number of 
                        individuals in the State who reside in 
                        urbanized areas of the State and are between 
                        such years of age; to
                            ``(ii) an amount equal to the total of the 
                        respective sums determined for the States under 
                        clause (i).
                    ``(B) The percentage constituted by the ratio of--
                            ``(i) the total number of individuals in 
                        the State who are between 25 and 64 years of 
                        age (inclusive); to
                            ``(ii) an amount equal to the sum of the 
                        respective amounts determined for the States 
                        under clause (i).
    ``(b) Minimum Allotments for States.--
            ``(1) In general.--With respect to fiscal year 2000, and 
        each subsequent fiscal year, the amount of the allotment of a 
        State under section 1921 shall not be less than the amount the 
        State received under such section for the previous fiscal year 
        increased by an amount equal to 30.65 percent of the percentage 
        by which the aggregate amount allotted to all States for such 
        fiscal year exceeds the aggregate amount allotted to all States 
        for the previous fiscal year.
            ``(2) Limitations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State shall not receive an 
                allotment under section 1921 for a fiscal year in an 
                amount that is less than an amount equal to 0.375 
                percent of the amount appropriated under section 
                1935(a) for such fiscal year.
                    ``(B) Exception.--In applying subparagraph (A), the 
                Secretary shall ensure that no State receives an 
                increase in its allotment under section 1921 for a 
                fiscal year (as compared to the amount allotted to the 
                State in the prior fiscal year) that is in excess of an 
                amount equal to 300 percent of the percentage by which 
                the amount appropriated under section 1935(a) for such 
                fiscal year exceeds the amount appropriated for the 
                prior fiscal year.
            ``(3) Decrease in or equal appropriations.--If the amount 
        appropriated under section 1935(a) for a fiscal year is equal 
        to or less than the amount appropriated under such section for 
        the prior fiscal year, the amount of the State allotment under 
        section 1921 shall be equal to the amount that the State 
        received under section 1921 in the prior fiscal year decreased 
        by the percentage by which the amount appropriated for such 
        fiscal year is less than the amount appropriated or such 
        section for the prior fiscal year.
    ``(c) Territories.--
            ``(1) Determination under formula.--Subject to paragraphs 
        (2) and (4), the amount of an allotment under section 1921 for 
        a territory of the United States for a fiscal year shall be the 
        product of--
                    ``(A) an amount equal to the amounts reserved under 
                paragraph (3) for the fiscal year; and
                    ``(B) a percentage equal to the quotient of--
                            ``(i) the civilian population of the 
                        territory, as indicated by the most recently 
                        available data; divided by
                            ``(ii) the aggregate civilian population of 
                        the territories of the United States, as 
                        indicated by such data.
            ``(2) Minimum allotment for territories.--The amount of an 
        allotment under section 1921 for a territory of the United 
        States for a fiscal year shall be the greater of--
                    ``(A) the amount determined under paragraph (1) for 
                the territory for the fiscal year;
                    ``(B) $50,000; and
                    ``(C) with respect to fiscal years 1993 and 1994, 
                an amount equal to 79.4 percent of the amount received 
                by the territory from allotments made pursuant to this 
                part for fiscal year 1992.
            ``(3) Reservation of amounts.--The Secretary shall each 
        fiscal year reserve for the territories of the United States 
        1.5 percent of the amounts appropriated under section 1935(a) 
        for allotments under section 1921 for the fiscal year.
            ``(4) Availability of data on population.--With respect to 
        data on the civilian population of the territories of the 
        United States, if the Secretary determines for a fiscal year 
        that recent such data for purposes of paragraph (1)(B) do not 
        exist regarding a territory, the Secretary shall for such 
        purposes estimate the civilian population of the territory by 
        modifying the data on the territory to reflect the average 
        extent of change occurring during the ensuing period in the 
        population of all territories with respect to which recent such 
        data do exist.
            ``(5) Applicability of certain provisions.--For purposes of 
        subsections (a) and (b), the term `State' does not include the 
        territories of the United States.
    ``(d) Indian Tribes and Tribal Organizations.--
            ``(1) In general.--If the Secretary--
                    ``(A) receives a request from the governing body of 
                an Indian tribe or tribal organization within any State 
                that funds under this subpart be provided directly by 
                the Secretary to such tribe or organization; and
                    ``(B) makes a determination that the members of 
                such tribe or tribal organization would be better 
                served by means of grants made directly by the 
                Secretary under this;
        the Secretary shall reserve from the allotment under section 
        1921 for the State for the fiscal year involved an amount that 
        bears the same ratio to the allotment as the amount provided 
        under this subpart to the tribe or tribal organization for 
        fiscal year 1991 for activities relating to the prevention and 
        treatment of the abuse of alcohol and other drugs bore to the 
        amount of the portion of the allotment under this subpart for 
        the State for such fiscal year that was expended for such 
        activities.
            ``(2) Tribe or tribal organization as grantee.--The amount 
        reserved by the Secretary on the basis of a determination under 
        this paragraph shall be granted to the Indian tribe or tribal 
        organization serving the individuals for whom such a 
        determination has been made.
            ``(3) Application.--In order for an Indian tribe or tribal 
        organization to be eligible for a grant for a fiscal year under 
        this paragraph, it shall submit to the Secretary a plan for 
        such fiscal year that meets such criteria as the Secretary may 
        prescribe.
            ``(4) Definition.--The terms `Indian tribe' and `tribal 
        organization' have the same meaning given such terms in 
        subsections (b) and (c) of section 4 of the Indian Self-
        Determination and Education Assistance Act.

``SEC. 1933. DEFINITIONS.

    ``For purposes of this subpart:
            ``(1) The term `authorized activities', subject to section 
        1931, means the activities described in section 1921(b).
            ``(2) The term `funding agreement', with respect to a grant 
        under section 1921 to a State, means that the Secretary may 
        make such a grant only if the State makes the agreement 
        involved.
            ``(3) The term `prevention activities', subject to section 
        1931, means activities to prevent substance use disorders.
            ``(4) The term `substance use disorder' means the abuse of 
        alcohol or other drugs.
            ``(5) The term `treatment activities' means treatment 
        services and, subject to section 1931, authorized activities 
        that are related to treatment services.
            ``(6) The term `treatment facility' means an entity that 
        provides treatment services.
            ``(7) The term `treatment services', subject to section 
        1931, means treatment for substance use disorder.

``SEC. 1934. FUNDING.

    ``(a) Authorization of Appropriations.--For the purpose of carrying 
out this subpart, subpart III and section 504 with respect to substance 
use disorders and section 1945(g) with respect to investigations, there 
are authorized to be appropriated $2,000,000,000 for fiscal year 2011, 
and such sums as may be necessary for each of the fiscal years 2012 
through 2015.
    ``(b) Allocations for Technical Assistance, National Data Base, 
Data Collection, and Program Evaluations.--
            ``(1) In general.--
                    ``(A) For the purpose of carrying out section 
                1948(a) with respect to substance use disorders, 
                section 1945(g), and the purposes specified in 
                subparagraphs (B) and (C), the Secretary shall obligate 
                5 percent of the amounts appropriated under subsection 
                (a) each fiscal year.
                    ``(B) The purpose specified in this subparagraph is 
                the collection of data in this paragraph is carrying 
                out section 504 with respect to substance use 
                disorders.
                    ``(C) The purpose specified in this subparagraph is 
                the conduct of evaluations of authorized activities to 
                determine methods for improving the availability and 
                quality of such activities.
            ``(2) Activities of center for substance abuse 
        prevention.--Of the amounts reserved under paragraph (1) for a 
        fiscal year, the Secretary, acting through the Director of the 
        Center for Substance Abuse Prevention, shall obligate 20 
        percent for carrying out paragraph (1)(C), section 1948(a) with 
        respect to prevention activities, and section 1945(g).

                   ``Subpart III--General Provisions

``SEC. 1941. OPPORTUNITY FOR PUBLIC COMMENT ON STATE PLANS.

    ``A funding agreement for a grant under section 1911 or 1921 is 
that the State involved will make the plan required in section 1912, 
and the plan required in section 1931, respectively, public within the 
State in such manner as to facilitate comment from any person 
(including any Federal or other public agency) during the development 
of the plan (including any revisions) and after the submission of the 
plan to the Secretary.

``SEC. 1942. REQUIREMENT OF REPORTS AND AUDITS BY STATES.

    ``(a) Report.--A funding agreement for a grant under section 1911 
or 1921 is that the State involved will submit to the Secretary an 
annual report in such form and containing such information as the 
Secretary determines (after consultation with the States) to be 
necessary for securing a record, including--
            ``(1) a description of the purposes for which the grant 
        received by the State for the preceding fiscal year under the 
        program involved were expended and a description of the 
        activities of the State under the program;
            ``(2) a list of providers, and contact information for such 
        providers, who are receiving funds under the program whether 
        directly from the State or a third party (including another 
        State, a local government, or some other agent of the State 
        including an administrative services organization or a managed 
        care program);
            ``(3) an evaluation of the progress being made towards 
        meeting the goals and objectives of the State plans required in 
        sections 1912(b) and 1931(a)(6)(A), an assessment as to whether 
        the activities described in such plans are helping to meet such 
        goals and objectives, and any obstacles the State is 
        encountering in meeting specific targets established to achieve 
        such goals; and
            ``(4) information to enable the Secretary to determine 
        State compliance with all of the funding agreements in each 
        grant.
    ``(b) Review, Determination, and Enforcement.--
            ``(1) Review.--With respect to grants under sections 1911 
        and 1921, the Secretary shall review the annual reports 
        submitted by the States under subsection (a).
            ``(2) Determination.--
                    ``(A) In general.--Based on the information 
                provided by a State in a report submitted under 
                subsection (a), information obtained through monitoring 
                visits, and any other public information made 
                available, the Secretary shall evaluate the performance 
                of the State in meeting its goals and objectives, as 
                established in the State plan under section 1912(b) and 
                1931(b), respectively, for the year involved, and make 
                a determination as to whether the State--
                            ``(i) has met such goals and objectives;
                            ``(ii) is making a serious effort to meet 
                        such goals and objectives but requires 
                        technical assistance; or
                            ``(iii) has failed to make a serious effort 
                        to meet such goals and objectives.
                    ``(B) Technical assistance.--If the Secretary makes 
                a determination under subparagraph (A)(ii), the 
                Secretary, in conjunction with the State, shall make an 
                additional determination of what technical assistance 
                is needed and either provide such assistance or advise 
                the State on where such assistance may be obtained.
                    ``(C) Failure of effort by state.--If the Secretary 
                makes a determination under subparagraph (A)(iii) with 
                respect to a State for 3 consecutive years, the 
                Secretary shall require the State to meet with the 
                Secretary to develop a corrective action plan that 
                includes the redirection of funds to meet State goals 
                and objectives, and that contains deadlines for State 
                action.
                    ``(D) Failure to comply with corrective action 
                plan.--If the Secretary determines that a State has 
                failed to comply with a corrective action plan under 
                subparagraph (C), the Secretary may suspend, terminate, 
                or withhold funds in accordance with section 1945.
                    ``(E) Notice.--Prior to taking action under 
                subparagraph (C) or (D), the Secretary shall provide 
                the State with adequate notice and an opportunity for a 
                hearing.
    ``(c) Audits.--A funding agreement for a grant under section 1911 
or 1921 is that the State will, with respect to the grant, comply with 
chapter 75 of title 31, United States Code.
    ``(d) Availability to Public.--A funding agreement for a grant 
under section 1911 or 1921 is that the State involved will--
            ``(1) make copies of the reports and audits described in 
        this section available for public inspection within the State; 
        and
            ``(2) provide copies of the report under subsection (a), 
        upon request, to any interested person (including any public 
        agency).

``SEC. 1943. PATIENT RECORDS.

    ``The Secretary may make a grant under section 1911 or 1921 only if 
the State involved has in effect a system to protect from inappropriate 
disclosure patient records maintained by the State in connection with 
an activity funded under the program involved or by any entity which is 
receiving amounts from the grant.

``SEC. 1944. DISPOSITION OF CERTAIN FUNDS APPROPRIATED FOR ALLOTMENTS.

    ``(a) In General.--Amounts described in subsection (b) and 
available for a fiscal year pursuant to section 1911 or 1921, shall be 
allotted by the Secretary and paid to the States receiving a grant 
under the program involved, other than any State referred to in 
subsection (b) with respect to such program. Such amounts shall be 
allotted in a manner equivalent to the manner in which the allotment 
under the program involved was determined.
    ``(b) Specification of Amounts.--The amounts referred to in 
subsection (a) are any amounts that--
            ``(1) are not paid to States under the program involved as 
        a result of--
                    ``(A) the failure of any State to submit an 
                application in accordance with the program;
                    ``(B) the failure of any State to prepare such 
                application in compliance with the program; or
                    ``(C) any State informing the Secretary that the 
                State does not intend to expend the full amount of the 
                allotment made to the State under the program;
            ``(2) are terminated, repaid, or offset under section 1945;
            ``(3) in the case of the program established in section 
        1911, are available as a result of reductions in allotments 
        under such section pursuant to section 1915(b); or
            ``(4) in the case of the program established in section 
        1921, are available as a result of reductions in allotments 
        under such section pursuant to section 1926 or 1929.

``SEC. 1945. FAILURE TO COMPLY WITH AGREEMENTS.

    ``(a) Suspension or Termination of Payments.--Subject to subsection 
(e), if the Secretary determines that a State has materially failed to 
comply with the agreements or other conditions required for the receipt 
of a grant under the program involved, the Secretary may in whole or in 
part suspend payments under the grant, terminate the grant for cause, 
or employ such other remedies (including the remedies provided for in 
subsections (b) and (c)) as may be legally available and appropriate in 
the circumstances involved.
    ``(b) Repayment of Payments.--
            ``(1) In general.--Subject to subsection (e), the Secretary 
        may require a State to repay with interest any payments 
        received by the State under section 1911 or 1921 that the 
        Secretary determines were not expended by the State in 
        accordance with the agreements required under the program 
        involved.
            ``(2) Offset against payments.--If a State fails to make a 
        repayment required in paragraph (1), the Secretary may offset 
        the amount of the repayment against the amount of any payment 
        due to be paid to the State under the program involved.
    ``(c) Withholding of Payments.--
            ``(1) In general.--Subject to subsections (e) and (g)(3), 
        the Secretary may withhold payments due under section 1911 or 
        1921 if the Secretary determines that the State involved is not 
        expending amounts received under the program involved in 
        accordance with the agreements required under the program.
            ``(2) Termination of withholding.--The Secretary shall 
        cease withholding payments from a State under paragraph (1) if 
        the Secretary determines that there are reasonable assurances 
        that the State will expend amounts received under the program 
        involved in accordance with the agreements required under the 
        program.
    ``(d) Applicability of Remedies to Certain Violations.--
            ``(1) In general.--With respect to agreements or other 
        conditions for receiving a grant under the program involved, in 
        the case of the failure of a State to maintain material 
        compliance with a condition referred to in paragraph (2), the 
        provisions for noncompliance with the condition that are 
        provided in the section establishing the condition shall apply 
        in lieu of subsections (a) through (c) of this section.
            ``(2) Relevant conditions.--For purposes of paragraph (1):
                    ``(A) In the case of the program established in 
                section 1911, a condition referred to in this paragraph 
                is the condition established in section 1915(b).
                    ``(B) In the case of the program established in 
                section 1921, a condition referred to in this paragraph 
                is the condition established in section 1926 and the 
                condition established in section 1929.
    ``(e) Opportunity for Hearing.--Before taking action against a 
State under any of subsections (a) through (c) (or under a section 
referred to in subsection (d)(2), as the case may be), the Secretary 
shall provide to the State involved adequate notice and an opportunity 
for a hearing.
    ``(f) Requirement of Hearing in Certain Circumstances.--
            ``(1) In general.--If the Secretary receives a complaint 
        that a State has failed to maintain material compliance with 
        the agreements or other conditions required for receiving a 
        grant under the program involved (including any condition 
        referred to for purposes of subsection (d)), and there appears 
        to be reasonable evidence to support the complaint, the 
        Secretary shall promptly conduct a hearing with respect to the 
        complaint.
            ``(2) Finding of material noncompliance.--If in a hearing 
        under paragraph (1) the Secretary finds that the State involved 
        has failed to maintain material compliance with the agreement 
        or other condition involved, the Secretary shall take such 
        action under this section as may be appropriate to ensure that 
        material compliance is so maintained, or such action as may be 
        required in a section referred to in subsection (d)(2), as the 
        case may be.
    ``(g) Certain Investigations.--
            ``(1) Requirement regarding secretary.--The Secretary shall 
        in fiscal year 1994 and each subsequent fiscal year conduct in 
        not less than 10 States investigations of the expenditure of 
        grants received by the States under section 1911 or 1921 in 
        order to evaluate compliance with the agreements required under 
        the program involved.
            ``(2) Provision of records etc. upon request.--Each State 
        receiving a grant under section 1911 or 1921, and each entity 
        receiving funds from the grant, shall make appropriate books, 
        documents, papers, and records available to the Secretary or 
        the Comptroller General, or any of their duly authorized 
        representatives, for examination, copying, or mechanical 
        reproduction on or off the premises of the appropriate entity 
        upon a reasonable request therefore.
            ``(3) Limitations on authority.--The Secretary may not 
        institute proceedings under subsection (c) unless the Secretary 
        has conducted an investigation concerning whether the State has 
        expended payments under the program involved in accordance with 
        the agreements required under the program. Any such 
        investigation shall be conducted within the State by qualified 
        investigators.

``SEC. 1946. PROHIBITIONS REGARDING RECEIPT OF FUNDS.

    ``(a) Establishment.--
            ``(1) Certain false statements and representations.--A 
        person shall not knowingly and willfully make or cause to be 
        made any false statement or representation of a material fact 
        in connection with the furnishing of items or services for 
        which payments may be made by a State from a grant made to the 
        State under section 1911 or 1921.
            ``(2) Concealing or failing to disclose certain events.--A 
        person with knowledge of the occurrence of any event affecting 
        the initial or continued right of the person to receive any 
        payments from a grant made to a State under section 1911 or 
        1921 shall not conceal or fail to disclose any such event with 
        an intent fraudulently to secure such payment either in a 
        greater amount than is due or when no such amount is due.
    ``(b) Criminal Penalty for Violation of Prohibition.--Any person 
who violates any prohibition established in subsection (a) shall for 
each violation be fined in accordance with title 18, United States 
Code, or imprisoned for not more than 5 years, or both.

``SEC. 1947. NONDISCRIMINATION.

    ``(a) In General.--
            ``(1) Rule of construction regarding certain civil rights 
        laws.--For the purpose of applying the prohibitions against 
        discrimination on the basis of age under the Age Discrimination 
        Act of 1975, on the basis of handicap under section 504 of the 
        Rehabilitation Act of 1973, on the basis of sex under title IX 
        of the Education Amendments of 1972, or on the basis of race, 
        color, or national origin under title VI of the Civil Rights 
        Act of 1964, programs and activities funded in whole or in part 
        with funds made available under section 1911 or 1921 shall be 
        considered to be programs and activities receiving Federal 
        financial assistance.
            ``(2) Prohibition.--No person shall on the ground of sex 
        (including, in the case of a woman, on the ground that the 
        woman is pregnant), or on the ground of religion, be excluded 
        from participation in, be denied the benefits of, or be 
        subjected to discrimination under, any program or activity 
        funded in whole or in part with funds made available under 
        section 1911 or 1921.
    ``(b) Enforcement.--
            ``(1) Referrals to attorney general after notice.--Whenever 
        the Secretary finds that a State, or an entity that has 
        received a payment pursuant to section 1911 or 1921, has failed 
        to comply with a provision of law referred to in subsection 
        (a)(1), with subsection (a)(2), or with an applicable 
        regulation (including one prescribed to carry out subsection 
        (a)(2)), the Secretary shall notify the chief executive officer 
        of the State and shall request the chief executive officer to 
        secure compliance. If within a reasonable period of time, not 
        to exceed 60 days, the chief executive officer fails or refuses 
        to secure compliance, the Secretary may--
                    ``(A) refer the matter to the Attorney General with 
                a recommendation that an appropriate civil action be 
                instituted;
                    ``(B) exercise the powers and functions provided by 
                the Age Discrimination Act of 1975, section 504 of the 
                Rehabilitation Act of 1973, title IX of the Education 
                Amendments of 1972, or title VI of the Civil Rights Act 
                of 1964, as may be applicable; or
                    ``(C) take such other actions as may be authorized 
                by law.
            ``(2) Authority of attorney general.--When a matter is 
        referred to the Attorney General pursuant to paragraph (1)(A), 
        or whenever the Attorney General has reason to believe that a 
        State or an entity is engaged in a pattern or practice in 
        violation of a provision of law referred to in subsection 
        (a)(1) or in violation of subsection (a)(2), the Attorney 
        General may bring a civil action in any appropriate district 
        court of the United States for such relief as may be 
        appropriate, including injunctive relief.

``SEC. 1948. TECHNICAL ASSISTANCE AND PROVISION OF SUPPLIES AND 
              SERVICES IN LIEU OF GRANT FUNDS.

    ``(a) Technical Assistance.--The Secretary shall, without charge to 
a State receiving a grant under section 1911 or 1921, provide to the 
State (or to any public or nonprofit private entity within the State) 
technical assistance with respect to the planning, development, and 
operation of any program or service carried out pursuant to the program 
involved. The Secretary may provide such technical assistance directly, 
through contract, or through grants.
    ``(b) Provision of Supplies and Services in Lieu of Grant Funds.--
            ``(1) In general.--Upon the request of a State receiving a 
        grant under section 1911 or 1921, the Secretary may, subject to 
        paragraph (2), provide supplies, equipment, and services for 
        the purpose of aiding the State in carrying out the program 
        involved and, for such purpose, may detail to the State any 
        officer or employee of the Department of Health and Human 
        Services.
            ``(2) Corresponding reduction in payments.--With respect to 
        a request described in paragraph (1), the Secretary shall 
        reduce the amount of payments under the program involved to the 
        State by an amount equal to the costs of detailing personnel 
        and the fair market value of any supplies, equipment, or 
        services provided by the Secretary. The Secretary shall, for 
        the payment of expenses incurred in complying with such 
        request, expend the amounts withheld.

``SEC. 1949. RULE OF CONSTRUCTION REGARDING DELEGATION OF AUTHORITY TO 
              STATES.

    ``With respect to States receiving grants under section 1911 or 
1921, this part may not be construed to authorize the Secretary to 
delegate to the States the primary responsibility for interpreting the 
governing provisions of this part.

``SEC. 1950. SOLICITATION OF VIEWS OF CERTAIN ENTITIES.

    ``In carrying out this part, the Secretary, as appropriate, shall 
solicit the views of the States and other appropriate entities.

``SEC. 1951. AVAILABILITY TO STATES OF GRANT PAYMENTS.

    ``Any amounts paid to a State for a fiscal year under section 1911 
or 1921 shall be available for obligation and expenditure until the end 
of the fiscal year following the fiscal year for which the amounts were 
paid.

``SEC. 1952. CONTINUATION OF CERTAIN PROGRAMS.

    ``(a) In General.--Of the amount allotted to the State of Hawaii 
under section 1911, and the amount allotted to such State under section 
1921, an amount equal to the proportion of Native Hawaiians residing in 
the State to the total population of the State shall be available, 
respectively, for carrying out the program involved for Native 
Hawaiians.
    ``(b) Expenditure of Amounts.--The amount made available under 
subsection (a) may be expended only through contracts entered into by 
the State of Hawaii with public and private nonprofit organizations to 
enable such organizations to plan, conduct, and administer 
comprehensive substance use disorder and treatment programs for the 
benefit of Native Hawaiians. In entering into contracts under this 
section, the State of Hawaii shall give preference to Native Hawaiian 
organizations and Native Hawaiian health centers.
    ``(c) Definitions.--For the purposes of this subsection, the terms 
`Native Hawaiian', `Native Hawaiian organization', and `Native Hawaiian 
health center' have the meaning given such terms in section 2308 of 
subtitle D of title II of the Anti-Drug Abuse Act of 1988.

``SEC. 1953. DEFINITIONS.

    ``(a) Definitions for Subpart III.--For purposes of this subpart:
            ``(1) The term `program involved' means the program of 
        grants established in section 1911 or 1921, or both, as 
        indicated by whether the State involved is receiving or is 
        applying to receive a grant under section 1911 or 1921, or 
        both.
            ``(2)(A) The term `funding agreement', with respect to a 
        grant under section 1911, has the meaning given such term in 
        section 1919.
            ``(B) The term `funding agreement', with respect to a grant 
        under section 1921, has the meaning given such term in section 
        1934.
    ``(b) Definitions for Part B.--For purposes of this part:
            ``(1) The term `Comptroller General' means the Comptroller 
        General of the United States.
            ``(2) The term `State', except as provided in sections 
        1918(c)(5) and 1932(c)(5), means each of the several States, 
        the District of Columbia, and each of the territories of the 
        United States.
            ``(3) The term `territories of the United States' means 
        each of the Commonwealth of Puerto Rico, American Samoa, Guam, 
        the Commonwealth of the Northern Mariana Islands, the Virgin 
        Islands, Palau, the Marshall Islands, and Micronesia.
            ``(4) The term `interim services', in the case of an 
        individual in need of treatment for substance use disorders who 
        has been denied admission to a program of such treatment on the 
        basis of the lack of the capacity of the program to admit the 
        individual, means services for reducing the adverse health 
        effects of such abuse, for promoting the health of the 
        individual, and for reducing the risk of transmission of 
        disease, which services are provided until the individual is 
        admitted to such a program.

``SEC. 1955. SERVICES FOR INDIVIDUALS WITH CO-OCCURRING DISORDERS.

    ``States may use funds available for treatment under sections 1911 
and 1921 to treat persons with co-occurring substance use disorders and 
mental disorders as long as funds available under such sections are 
used for the purposes for which they were authorized by law and can be 
tracked for accounting purposes.

``SEC. 1956. PUBLIC HEALTH EMERGENCY DECLARATION.

    ``In the case of a public health emergency as defined in section 
319, the Administrator, on a State by State basis, may defer the 
application deadline and compliance with any other requirements of 
sections 521, 1911, 1921, and the Protection and Advocacy for 
Individuals with a Mental Illness Act.

 ``PART C--CERTAIN PROGRAMS REGARDING MENTAL HEALTH AND SUBSTANCE USE 
                               DISORDERS

``SEC. 1961. INTERIM MAINTENANCE TREATMENT.

    ``(a) Requirement Regarding Secretary.--Subject to the following 
subsections of this section, for the purpose of reducing the incidence 
of the transmission of HIV disease pursuant to the intravenous use of 
heroin or other morphine-like drugs, the Secretary, in establishing 
conditions for the use of methadone in public or nonprofit private 
programs of treatment for dependence on such drugs, shall authorize 
such programs--
            ``(1) to dispense methadone for treatment purposes to 
        individuals who--
                    ``(A) meet the conditions for admission to such 
                programs that dispense methadone as part of 
                comprehensive treatment for such dependence; and
                    ``(B) are seeking admission to such programs that 
                so dispense methadone, but as a result of the limited 
                capacity of the programs, will not gain such admission 
                until 14 or more days after seeking admission to the 
                programs; and
            ``(2) in dispensing methadone to such individuals, to 
        provide only minimum ancillary services during the period in 
        which the individuals are waiting for admission to programs of 
        comprehensive treatment.
    ``(b) Inapplicability of Requirement in Certain Circumstances.--
            ``(1) In general.--The requirement established in 
        subsection (a) for the Secretary does not apply if any or all 
        of the following conditions are met:
                    ``(A) The preponderance of scientific research 
                indicates that the risk of the transmission of HIV 
                disease pursuant to the injecting abuse of drugs is 
                minimal.
                    ``(B) The preponderance of scientific research 
                indicates that the medically supervised dispensing of 
                methadone is not an effective method of reducing the 
                extent of dependence on heroin and other morphine-like 
                drugs.
                    ``(C) The preponderance of available data indicates 
                that, of treatment programs that dispense methadone as 
                part of comprehensive treatment, a substantial majority 
                admit all individuals seeking services to the programs 
                not later than 14 days after the individuals seek 
                admission to the programs.
            ``(2) Evaluation by secretary.--In evaluating whether any 
        or all of the conditions described in paragraph (1) have been 
        met, the Secretary shall consult with the National Commission 
        on Acquired Immune Deficiency Syndrome.
    ``(c) Conditions for Obtaining Authorization From Secretary.--
            ``(1) In general.--In carrying out the requirement 
        established in subsection (a), the Secretary shall, after 
        consultation with the National Commission on Acquired Immune 
        Deficiency Syndrome, by regulation issue such conditions for 
        treatment programs to obtain authorization from the Secretary 
        to provide interim maintenance treatment as may be necessary to 
        carry out the purpose described in such subsection. Such 
        conditions shall include conditions for preventing the 
        unauthorized use of methadone.
            ``(2) Counseling on hiv disease.--The regulations issued 
        under paragraph (1) shall provide that an authorization 
        described in such paragraph may not be issued to a treatment 
        program unless the program provides to recipients of the 
        treatment counseling on preventing exposure to and the 
        transmission of HIV disease.
            ``(3) Permission of relevant state as condition of 
        authorization.--The regulations issued under paragraph (1) 
        shall provide that the Secretary may not provide an 
        authorization described in such paragraph to any treatment 
        program in a State unless the chief public health officer of 
        the State has certified to the Secretary that--
                    ``(A) such officer does not object to the provision 
                of such authorizations to treatment programs in the 
                State; and
                    ``(B) the provision of interim maintenance services 
                in the State will not reduce the capacity of 
                comprehensive treatment programs in the State to admit 
                individuals to the programs (relative to the date on 
                which such officer so certifies).
            ``(4) Date certain for issuance of regulations; failure of 
        secretary.--The Secretary shall issue the final rule for 
        purposes of the regulations required in paragraph (1), and such 
        rule shall be effective, not later than the expiration of the 
        180-day period beginning on July 10, 1992. If the Secretary 
        fails to meet the requirement of the preceding sentence, the 
        proposed rule issued on March 2, 1989, with respect to part 291 
        of title 21, Code of Federal Regulations (docket numbered 88N-
        0444; 54 Fed. Reg. 8973 et seq.) is deemed to take effect as a 
        final rule upon the expiration of such period, and the 
        provisions of paragraph (3) of this subsection are deemed to be 
        incorporated into such rule.
    ``(d) Definitions.--For purposes of this section:
            ``(1) The term `interim maintenance services' means the 
        provision of methadone in a treatment program under the 
        circumstances described in paragraphs (1) and (2) of subsection 
        (a).
            ``(2) The term `HIV disease' means infection with the 
        etiologic agent for acquired immune deficiency syndrome.
            ``(3) The term `treatment program' means a public or 
        nonprofit private program of treatment for dependence on heroin 
        or other morphine-like drugs.''.
    (b) Technical Amendments.--Section 1955 of the Public Health 
Service Act (42 U.S.C. 300x-65), as added by section 3305 of Public Law 
106-310 (114 Stat. 1212), is amended--
            (1) by redesignating such section as section 1954; and
            (2) by transferring such section so as to appear after 
        section 1953 (as so designated by the amendment made by 
        subsection (a)).

SEC. 4. REPEAL.

    Section 330K of the Public Health Service Act (42 U.S.C. 254c-16) 
is repealed.

SEC. 5. AMENDMENTS TO THE PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH 
              MENTAL ILLNESS ACT.

    (a) Definition of Facilities.--Section 102(3) of the Protection and 
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802(3)) 
is amended by striking ``community facilities'' and inserting 
``residential or non-residential community facilities''.
    (b) System Requirements.--Section 105(a) of the Protection and 
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10805(a)) 
is amended--
            (1) in paragraph (1)(C)(ii), by striking the comma and 
        inserting a semicolon; and
            (2) in paragraph (4)(A), by striking ``who is a client of 
        the system''.
    (c) Allotments.--Section 112(a) of the Protection and Advocacy for 
Individuals with Mental Illness Act (42 U.S.C. 10822(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by inserting after 
                ``State'' in clauses (i) and (ii) the following: ``and 
                the American Indian Consortium''; and
                    (B) in subparagraph (B)--
                            (i) by inserting after ``income of the 
                        State'' the following: ``or the American Indian 
                        Consortium''; and
                            (ii) by striking ``if the State is Guam'' 
                        and inserting ``for the American Indian 
                        Consortium and the territories of Guam''; and
            (2) in paragraph (2)(B)(i), by striking ``for American 
        Samoa'' and inserting ``for the American Indian Consortium, 
        American Samoa''.
    (d) Regulations.--Section 116(b) of the Protection and Advocacy for 
Individuals with Mental Illness Act (42 U.S.C. 10826(b)) is amended by 
striking ``enactment of this subsection'' and inserting ``enactment of 
the SAMHSA Modernization Act of 2010''.
    (e) Authorization of Appropriations.--Section 117 of the Protection 
and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10827) 
is amended by striking `$19,500,000'' and all that follows through the 
period and inserting ``$37,000,000 for fiscal year 2011, and such sums 
as may be necessary for each of fiscal years 2012 through 2015.''.

SEC. 6. STUDY OF THE DISTRIBUTION OF FUNDS UNDER THE SUBSTANCE ABUSE 
              PREVENTION AND TREATMENT BLOCK GRANT AND THE COMMUNITY 
              MENTAL HEALTH SERVICES BLOCK GRANT.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Administrator of the Substance Abuse and Mental Health 
Services Administration, shall, directly or through a grant or 
contract, conduct a study to examine whether the funds under the 
substance abuse prevention and treatment block grant and the community 
mental health services block grant under title XIX of the Public Health 
Service Act (42 U.S.C. 300w et seq.) are being distributed to States 
and territories according to need and to recommend changes in the 
distribution if necessary. Such study shall include--
            (1) an analysis of whether the distributions under such 
        block grants accurately reflect the need for the services under 
        the grants in such States and territories;
            (2) an examination of whether the indices used under the 
        formulas for distribution of funds under such block grants are 
        appropriate, and if not, alternatives recommended by the 
        Secretary;
            (3) where recommendations are included under paragraph (2) 
        for the use of different indices, a description of the 
        variables and data sources that should be used to determine the 
        indices;
            (4) an evaluation of the variables and data sources that 
        are currently being used for each of the indices involved, and 
        whether such variables and data sources accurately represent 
        the need for services, the cost of providing services, and the 
        ability of the States to pay for such services;
            (5) the impact that the minimum allotment provisions under 
        each such block grant have on each State's final allotment and 
        its effect, if any, on each State's formula-based allotment;
            (6) recommendations for modifications to the minimum 
        allotment provisions to ensure an appropriate distribution of 
        funds; and
            (7) any other information that the Secretary determines 
        appropriate.
    (b) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary of Health and Human Services shall submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives, a report containing the findings and recommendations 
of the study conducted under subsection (a).

SEC. 7. TASK FORCE ON BEHAVIORAL AND MENTAL HEALTH IN MEDICAL 
              EDUCATION.

    Part E of title VII of the Public Health Service Act (42 U.S.C. 
294n et seq.) is amended by inserting after section 762 the following:

``SEC. 762A. TASK FORCE ON BEHAVIORAL AND MENTAL HEALTH IN MEDICAL 
              EDUCATION.

    ``(a) Establishment.--There is established the Task Force on 
Behavioral and Mental Health in Medical Education (in this section 
referred to as the `Task Force'). The Task Force--
            ``(1) shall coordinate its activities with the activities 
        of the Council on Graduate Medical Education established under 
        section 762; and
            ``(2) shall develop and publish not later than 1 year after 
        the date of the enactment of this section, and may periodically 
        revise as appropriate thereafter, a comprehensive plan for the 
        purpose of strengthening the capacity of graduates of 
        accredited schools of allopathic or osteopathic medicine to 
        deliver integrated, comprehensive health care.
    ``(b) Plan Contents.--The plan under subsection (a)(2) shall 
identify the specific behavioral and mental health education that 
should be--
            ``(1) required for graduation from accredited schools of 
        allopathic or osteopathic medicine; and
            ``(2) integrated into medical curricula, continuing medical 
        education, licensing examinations, and training for students 
        and graduates of accredited schools of allopathic or 
        osteopathic medicine.
    ``(c) Members.--
            ``(1) Composition; voting; chair.--The Task Force shall be 
        composed of the ex officio members specified in paragraph (2) 
        and the members appointed under paragraph (3). Subject to 
        paragraph (2)(B), all of the members of the Task Force shall be 
        voting members. The Task Force shall elect a chair from among 
        its voting members.
            ``(2) Ex officio members.--The Task Force shall include the 
        following ex officio members (or their designees):
                    ``(A) Each member serving on the Graduate Medical 
                Education Council pursuant to an appointment under 
                paragraph (1), (2), or (3) of section 762(b).
                    ``(B) Each member serving on the Graduate Medical 
                Education Council pursuant to an appointment under 
                paragraph (4), (5), or (6) of section 762(b). Any 
                member serving on the Task Force under this 
                subparagraph shall be a nonvoting member.
                    ``(C) The Administrator of the Substance Abuse and 
                Mental Health Services Administration.
                    ``(D) The Deputy Director of the Office of National 
                Drug Control Policy.
                    ``(E) The Director of the National Institute on 
                Drug Abuse.
                    ``(F) The Director of the National Institute on 
                Mental Health.
                    ``(G) The Director of the National Institute on 
                Alcohol Abuse and Alcoholism.
            ``(3) Appointed members.--
                    ``(A) In general.--The Task Force shall include 
                members to be appointed by the Secretary (without 
                regard to the civil service laws) who are not employees 
                of the Federal Government. Such members shall include 
                the following:
                            ``(i) One mental health care consumer.
                            ``(ii) One individual in recovery from a 
                        behavioral health addiction (including any 
                        substance use disorder).
                            ``(iii) One individual who is a faculty 
                        member at an accredited program of training in 
                        mental health.
                            ``(iv) One individual who is a faculty 
                        member at an accredited program of training in 
                        behavioral health.
                            ``(v) One primary care physician 
                        specializing in internal medicine, family 
                        practice, pediatrics, emergency medicine, or 
                        obstetrics and gynecology.
                            ``(vi) Two allopathic or osteopathic 
                        physicians with experience in medical school 
                        curriculum or graduate medical education.
                            ``(vii) One allopathic or osteopathic 
                        physician who spends a significant portion of 
                        his professional activity in direct patient 
                        care and is board certified in addiction 
                        medicine by the American Board of Addiction 
                        Medicine.
                            ``(viii) One allopathic or osteopathic 
                        physician who spends a significant portion of 
                        his professional activity in direct patient 
                        care and is board certified in psychiatry by 
                        the American Board of Psychiatry and Neurology.
                            ``(ix) Four individuals selected from among 
                        individuals serving in the various fields 
                        charged with carrying out medical education and 
                        behavioral and mental health disorder services, 
                        including psychiatry, addiction medicine, 
                        psychology, social work, psychiatric nursing, 
                        counseling, marriage and family therapy, 
                        pastoral counseling, psychosocial 
                        rehabilitation, and substance use treatment 
                        counseling and recovery coaching.
                            ``(x) One individual with demonstrated 
                        achievements in clinical or basic science 
                        research relevant to mental health.
                            ``(xi) One individual with demonstrated 
                        achievements in clinical or basic science 
                        research relevant to behavioral health 
                        disorders.
                            ``(xii) Two individuals, each from a 
                        separate nonprofit association representing 
                        accredited medical schools.
                            ``(xiii) Three individuals, each from a 
                        separate national, independent, nonprofit 
                        organization charged with developing national 
                        medical licensing examinations and assessments 
                        for health professionals in osteopathic or 
                        allopathic medicine.
                    ``(B) Other selection criteria.--In appointing 
                members of the Task Force under this paragraph, the 
                Secretary shall ensure--
                            ``(i) the inclusion of both urban and rural 
                        members;
                            ``(ii) a range of members from a variety of 
                        practice settings and having expertise in 
                        prevention and treatment across the lifespan;
                            ``(iii) adequate representation of racial, 
                        ethnic, religious, and economic diversity; and
                            ``(iv) an equal distribution of the members 
                        appointed under subparagraph (A)(ix) between 
                        those specializing in mental health services 
                        and those specializing in behavioral health 
                        (including substance use disorder services).
                    ``(C) Terms.--
                            ``(i) In general.--Subject to subparagraph 
                        (D)(ii), each member of the Task Force under 
                        this paragraph shall be appointed for a term of 
                        4 years.
                            ``(ii) Vacancies.--Any member of the Task 
                        Force appointed to fill a vacancy occurring 
                        before the expiration of the term for which the 
                        member's predecessor was appointed shall be 
                        appointed only for the remainder of that term. 
                        A member may serve after the expiration of that 
                        member's term until a successor has taken 
                        office.
                    ``(D) Initial members.--
                            ``(i) Appointment.--The Secretary shall 
                        appoint the initial members of the Task Force 
                        under this paragraph not less than 90 days 
                        after the date of the enactment of this 
                        section.
                            ``(ii) Terms.--As designated by the 
                        Secretary at the time of appointment, of the 
                        initial members of the Task Force under this 
                        paragraph, \1/4\ shall be appointed for terms 
                        of 1 year, \1/4\ shall be appointed for terms 
                        of 2 years, \1/4\ shall be appointed for terms 
                        of 3 years, and \1/4\ shall be appointed for 
                        terms of 4 years.
    ``(d) Staff.--The Secretary shall provide the Task Force with such 
professional and clerical staff, such information, and the services of 
such consultants as may be necessary to assist the Task Force in 
carrying out effectively its functions under this section.
    ``(e) Compensation.--
            ``(1) Rates of compensation.--To the extent or in the 
        amounts made available in advance in appropriations Acts, and 
        except as provided in paragraph (2), members of the Task Force 
        shall each be entitled to receive the daily equivalent of the 
        annual rate of basic pay for grade GS-15 of the General 
        Schedule for each day (including travel time) during which they 
        are engaged in the actual performance of duties vested in the 
        Task Force.
            ``(2) Prohibition against compensation of federal 
        employees.--Members of the Task Force who are officers or 
        employees of the Federal Government shall not receive 
        additional pay, allowances, or benefits by reason of their 
        service on the Task Force.
    ``(f) Meetings.--The Task Force shall conduct at least 3 meetings 
each year.
    ``(g) Reporting.--
            ``(1) By task force.--On an annual basis, the Task Force 
        shall submit to the Secretary and make publicly available a 
        report on the plan under subsection (a)(2) and its 
        implementation. Each such report shall include--
                    ``(A) a description of current and future needs 
                pertaining to behavioral and mental health workforce, 
                education, and training;
                    ``(B) an identification of goals, outcome measures, 
                and a time frame for addressing such needs;
                    ``(C) recommendations on the specific behavioral 
                and mental health education components identified in 
                the plan developed under subsection (a)(2); and
                    ``(D) an evaluation of the extent to which the 
                goals and recommendations in the plan developed under 
                subsection (a)(2) (including the goals and 
                recommendations described in subparagraphs (B) and (C)) 
                have been met.
            ``(2) By secretary.--On an annual basis, the Secretary 
        shall submit a report to the Congress on the activities of the 
        Task Force, the plan under subsection (a)(2), and the plan's 
        implementation.
    ``(h) Assistance.--The Task Force shall collaborate with private 
sector coalitions to facilitate and implement the Task Force's 
recommendations in the plan under subsection (a)(2).
    ``(i) Definition.--In this section, any reference to behavioral 
health includes substance use health.
    ``(j) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2011 through 2016.
    ``(k) Termination.--The Task Force shall terminate at the end of 
fiscal year 2016.''.

SEC. 8. COUNCIL ON INTEGRATION OF HEALTH CARE EDUCATION.

    (a) Establishment and Responsibilities of Council.--
            (1) Establishment.--There is established in the Office of 
        the Secretary the Council on Integration of Health Care 
        Education.
            (2) Recommendations.--The Council shall develop and publish 
        not later than 1 year after the date of the enactment of this 
        Act, and may periodically revise as appropriate thereafter, 
        recommendations for the purpose of strengthening the capacity 
        of health care professionals and behavioral health providers to 
        deliver integrated, comprehensive health care. The 
        recommendations shall identify--
                    (A) the core competencies to be required of each 
                type of health care professional and behavioral health 
                provider with respect to mental health and substance 
                use prevention and treatment services in order to carry 
                out their respective scope of practice;
                    (B) the appropriate methods for incorporating such 
                competencies into the curricula of institutions of 
                higher education, and of continuing education, for 
                health care professionals and behavioral health 
                providers;
                    (C) the appropriate methods for incorporating such 
                competencies into the licensure and certification 
                requirements for health care professionals and 
                behavioral health providers; and
                    (D) the appropriate methods for incorporating such 
                competencies into the accreditation process for 
                institutions of higher education providing terminal 
                education for health care professionals and behavioral 
                health providers.
            (3) Reporting.--
                    (A) By the council.--Not later than 1 year after 
                the date of the enactment of this Act, and annually 
                thereafter, the Council shall submit to the Secretary 
                and the appropriate committees of the Congress, and to 
                the Council on Graduate Medical Education when 
                appropriate, and make publicly available, a report on 
                the recommendations under paragraph (2) and the 
                implementation of such recommendations. Each such 
                report shall include--
                            (i) a description of current and future 
                        needs related to the successful integration 
                        core competencies for mental health and 
                        substance use disorders into health care 
                        professional and behavioral health provider 
                        education and education curricula beyond 
                        medical education;
                            (ii) an identification of goals, outcome 
                        measures, and timeframes for addressing the 
                        needs described in clause (i);
                            (iii) a detailed plan for implementing the 
                        recommendations under paragraph (2); and
                            (iv) an evaluation of the extent to which 
                        such plan has been implemented.
                    (B) By the secretary.--Not later than 1 year after 
                the date of the enactment of this Act, and annually 
                thereafter, the Secretary shall submit a report to the 
                Congress on the activities of the Council.
            (4) Members.--
                    (A) Composition; voting; chair.--The Council shall 
                be composed of the ex officio members specified in 
                subparagraph (B) and the members appointed under 
                subparagraph (C). All of the members of the Council 
                shall be voting members. The Council shall elect a 
                chair from among its members.
                    (B) Ex officio members.--The Council shall include 
                the following ex officio members (or their designees)--
                            (i) the Secretary;
                            (ii) the Administrator of the Health 
                        Resources and Services Administration;
                            (iii) the Administrator of the Centers for 
                        Medicare & Medicaid Services;
                            (iv) the Administrator of the Substance 
                        Abuse and Mental Health Services 
                        Administration; and
                            (v) the Director of the Office of National 
                        Drug Control Policy.
                    (C) Appointed members.--
                            (i) In general.--The Council shall include 
                        members to be appointed by the Secretary (in 
                        consultation with the other ex officio members 
                        of the Council and without regard to the civil 
                        service laws) who are not employees of the 
                        Federal Government. The Secretary shall appoint 
                        a sufficient number of members under this 
                        clause to ensure that the Council is composed 
                        of not less than 20 members, including both ex 
                        officio members under subparagraph (B) and 
                        members appointed under this subparagraph.
                            (ii) Other selection criteria.--In 
                        appointing members of the Council under this 
                        subparagraph, the Secretary shall ensure--
                                    (I) inclusion of both urban and 
                                rural members;
                                    (II) adequate representation of men 
                                and women;
                                    (III) a range of members from a 
                                variety of practice settings and having 
                                expertise in prevention and treatment 
                                across the lifespan;
                                    (IV) adequate representation of 
                                racial, ethnic, religious, and economic 
                                diversity;
                                    (V) an equal distribution of the 
                                members appointed under clause (i) 
                                between those specializing in mental 
                                health services and those specializing 
                                in substance use disorders;
                                    (VI) diverse representation from 
                                addition and psychiatry specialty 
                                sectors;
                                    (VII) diverse representation of 
                                allopathic and osteopathic physicians;
                                    (VIII) adequate representation of 
                                health care professionals and 
                                behavioral health providers who provide 
                                direct patient care to individuals with 
                                co-occurring mental health or substance 
                                use disorders and physical health 
                                conditions;
                                    (IX) adequate representation of 
                                health care and behavioral health 
                                (including substance use) faculty who 
                                have demonstrated expertise in 
                                curriculum development; and
                                    (X) inclusion of a health or 
                                behavioral health (including substance 
                                use) consumer.
                            (iii) Terms.--
                                    (I) In general.--Subject to clause 
                                (iv)(II), each member of the Council 
                                under this subparagraph shall be 
                                appointed for a term of 4 years.
                                    (II) Vacancies.--Any member of the 
                                Council appointed to fill a vacancy 
                                occurring before the expiration of the 
                                term for which the member's predecessor 
                                was appointed shall be appointed only 
                                for the remainder of that term. A 
                                member may serve after the expiration 
                                of that member's term until a successor 
                                has taken office.
                            (iv) Initial members.--
                                    (I) Appointment.--The Secretary 
                                shall appoint the initial members of 
                                the Council under this subparagraph not 
                                less than 90 days after the date of the 
                                enactment of this Act.
                                    (II) Terms.--As designated by the 
                                Secretary at the time of appointment, 
                                of the initial members of the Council 
                                under this subparagraph, \1/4\ shall be 
                                appointed for terms of 1 year, \1/4\ 
                                shall be appointed for terms of 2 
                                years, \1/4\ shall be appointed for 
                                terms of 3 years, and \1/4\ shall be 
                                appointed for terms of 4 years.
            (5) Staff.--The Secretary shall provide the Council with 
        such professional and clerical staff, such information, and the 
        services of such consultants as may be necessary to assist the 
        Council in carrying out effectively its functions under this 
        subsection.
            (6) Administration.--
                    (A) Travel expenses.--Members shall receive travel 
                expenses, including per diem in lieu of subsistence, in 
                accordance with sections 5702 and 5703 of title 5, 
                United States Code, while away from their homes or 
                regular places of business in performance of services 
                for the Council.
                    (B) Other resources.--The Council shall have 
                reasonable access to materials, resources, statistical 
                data, and other information such Council determines to 
                be necessary to carry out its duties from agencies of 
                the executive and legislative branches of the Federal 
                Government. The chair of the Council shall make 
                requests for such access in writing when necessary.
                    (C) Prohibition against compensation of federal 
                employees.--Members of the Council who are officers or 
                employees of the Federal Government shall not receive 
                additional pay, allowances, or benefits by reason of 
                their service on the Council.
            (7) Meetings.--The Council shall conduct at least 3 
        meetings each year.
            (8) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated such sums 
        as may be necessary for each of fiscal years 2011 through 2016.
    (b) Implementation of Recommendations of the Council.--
            (1) Health care and behavioral health workforce continuing 
        education.--
                    (A) In general.--Beginning 1 year after submission 
                of the first report of the Council under subsection 
                (a)(3)(A), the Secretary may make grants, contracts, or 
                cooperative agreements to public or private nonprofit 
                entities for the purpose of implementing the 
                recommendations of the Council on continuing education 
                for health care professionals and behavioral health 
                providers.
                    (B) Eligibility.--To receive a grant, contract, or 
                cooperative agreement under this paragraph, a public or 
                private nonprofit entity shall demonstrate expertise in 
                providing continuing education for health care 
                professionals and behavioral health providers.
                    (C) Priority.--In awarding grants, contracts, and 
                cooperative agreements under this paragraph, the 
                Secretary shall give priority to entities that propose 
                to implement continuing education--
                            (i) in interdisciplinary settings; or
                            (ii) in collaboration with a diverse 
                        representation of health care professionals and 
                        behavioral health providers who have no direct 
                        affiliation with the receiving entity as 
                        determined by the Secretary.
                    (D) Geographic distribution.--The Secretary shall 
                ensure that grants, contracts, and cooperative 
                agreements under this paragraph are awarded to entities 
                throughout the United States to ensure the availability 
                of continuing education in mental health and substance 
                abuse prevention and treatment services.
                    (E) Duration of awards.--The period of a grant, 
                contract, or cooperative agreement under this paragraph 
                shall not exceed 3 years.
                    (F) Authorization of appropriations.--There are 
                authorized to be appropriated $5,000,000 for fiscal 
                year 2012 and such sums as may be necessary for each of 
                fiscal years 2013 through 2016.
            (2) Health care and behavioral health workforce education 
        curricula.--
                    (A) In general.--The Secretary shall make grants, 
                contracts, or cooperative agreements to public or 
                nonprofit private institutions of higher education for 
                the purpose of implementing the recommendations of the 
                Council on education curricula for health care 
                professionals and behavioral health providers.
                    (B) Priority.--In awarding grants, contracts, and 
                cooperative agreements under this paragraph, the 
                Secretary shall give priority to applicants that 
                demonstrate willingness--
                            (i) to integrate the recommendations of the 
                        Council on curricula across academic 
                        disciplines;
                            (ii) to coordinate the use of Federal and 
                        non-Federal resources for purposes of such 
                        integration; or
                            (iii) to incorporate other evidence-based 
                        recommendations that further the integration of 
                        behavioral health in health care.
                    (C) Geographic distribution.--The Secretary shall 
                ensure that grants, contracts, and cooperative 
                agreements under this paragraph are awarded to 
                institutions of higher education throughout the United 
                States to ensure the availability and improvement of 
                education curricula for health care professionals and 
                behavioral health providers.
                    (D) Duration of awards.--The period of a grant, 
                contract, or cooperative agreement under this paragraph 
                shall not exceed 3 years.
                    (E) Authorization of appropriations.--There are 
                authorized to be appropriated $5,000,000 for fiscal 
                year 2012 and such sums as may be necessary for each of 
                fiscal years 2013 through 2016
    (c) Definitions.--In this section:
            (1) Behavioral health provider.--The term ``behavioral 
        health provider''--
                    (A) means an individual who provides clinical care 
                (in accordance with applicable State law) specializing 
                in the diagnosis or treatment of behavioral health, 
                including such an individual specializing in substance 
                use, addiction, and dependence disorders; and
                    (B) includes a psychiatrist, nurse practitioner (as 
                defined in section 1861(aa)(5)(A) of the Social 
                Security Act), physician assistant (as defined in 
                section 1861(aa)(5)(A) of such Act), clinical 
                psychologist (as used in section 1861(ii) of such Act), 
                clinical social worker (as defined in section 1861(hh) 
                of such Act), psychiatric nurse, licensed professional 
                counselor, marriage and family therapist, pastoral 
                counselor, psychosocial rehabilitation specialist, and 
                any other individual determined to be appropriate by 
                the Secretary.
            (2) Council.--The term ``Council'' means the Council on 
        Integration of Health Care Education.
            (3) Health care professional.--The term ``health care 
        professional''--
                    (A) means an individual who provides clinical 
                health care (in accordance with applicable State law) 
                other than a behavioral health provider; and
                    (B) includes (other than a behavioral health 
                provider) a physician (as defined in section 1861(r) of 
                the Social Security Act), nurse practitioner (as 
                defined in section 1861(aa)(5)(A) of the Social 
                Security Act), physician assistant (as defined in 
                section 1861(aa)(5)(A) of the Social Security Act), 
                clinical nurse specialist (as defined in section 
                1861(aa)(5)(B) of the Social Security Act), certified 
                nurse-midwife (as defined in section 1861(gg) of the 
                Social Security Act), and any other individual 
                determined to be appropriate by the Secretary.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the same meaning given 
        such term in section 101 of the Higher Education Act of 1965 
        (20 U.S.C. 1001).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
                                 <all>