[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4035 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 4035

To amend the Public Health Service Act to provide grants for community-
            based mental health infrastructure improvement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 16, 2010

Mr. Reed (for himself and Ms. Stabenow) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to provide grants for community-
            based mental health infrastructure improvement.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community-Based Mental Health 
Infrastructure Improvements Act''.

SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENT.

    Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) 
is amended by adding at the end the following:

  ``PART H--COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE IMPROVEMENTS

``SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH INFRASTRUCTURE 
              IMPROVEMENTS.

    ``(a) Grants Authorized.--The Secretary may award grants to 
eligible entities to expend funds for the construction or modernization 
of facilities used to provide mental health and substance abuse 
services to individuals.
    ``(b) Eligible Entity.--In this section, the term `eligible entity' 
means--
            ``(1) a State that is the recipient of a Community Mental 
        Health Services Block Grant under subpart I of part B of title 
        XIX and a Substance Abuse Prevention and Treatment Block Grant 
        under subpart II of such part; or
            ``(2) an Indian tribe or a tribal organization (as such 
        terms are defined in sections 4(b) and 4(c) of the Indian Self-
        Determination and Education Assistance Act).
    ``(c) Application.--A eligible entity desiring a grant under this 
section shall submit to the Secretary an application at such time, in 
such manner, and containing--
            ``(1) a plan for the construction or modernization of 
        facilities used to provide mental health and substance abuse 
        services to individuals that--
                    ``(A) designates a single State or tribal agency as 
                the sole agency for the supervision and administration 
                of the grant;
                    ``(B) contains satisfactory evidence that such 
                agency so designated will have the authority to carry 
                out the plan;
                    ``(C) provides for the designation of an advisory 
                council, which shall include representatives of 
                nongovernmental organizations or groups, and of the 
                relevant State or tribal agencies, that aided in the 
                development of the plan and that will implement and 
                monitor any grant awarded to the eligible entity under 
                this section;
                    ``(D) in the case of an eligible entity that is a 
                State, includes a copy of the State plan under section 
                1912(b) and section 1932(b);
                    ``(E)(i) includes a listing of the projects to be 
                funded by the grant; and
                    ``(ii) in the case of an eligible entity that is a 
                State, explains how each listed project helps the State 
                in accomplishing its goals and objectives under the 
                Community Mental Health Services Block Grant under 
                subpart I of part B of title XIX and the Substance 
                Abuse Prevention and Treatment Block Grant under 
                subpart II of such part;
                    ``(F) includes assurances that the facilities will 
                be used for a period of not less than 10 years for the 
                provision of community-based mental health or substance 
                abuse services for those who cannot pay for such 
                services, subject to subsection (e); and
                    ``(G) in the case of a facility that is not a 
                public facility, includes the name and executive 
                director of the entity who will provide services in the 
                facility; and
            ``(2) with respect to each construction or modernization 
        project described in the application--
                    ``(A) a description of the site for the project;
                    ``(B) plans and specifications for the project and 
                State or tribal approval for the plans and 
                specifications;
                    ``(C) assurance that the title for the site is or 
                will be vested with either the public entity or private 
                nonprofit entity who will provide the services in the 
                facility;
                    ``(D) assurance that adequate financial resources 
                will be available for the construction or major 
                rehabilitation of the project and for the maintenance 
                and operation of the facility;
                    ``(E) estimates of the cost of the project; and
                    ``(F) the estimated length of time for completion 
                of the project.
    ``(d) Subgrants by States.--
            ``(1) In general.--A State that receives a grant under this 
        section may award a subgrant to a qualified community program 
        (as such term is used in section 1913(b)(1)).
            ``(2) Use of funds.--Subgrants awarded pursuant to 
        paragraph (1) may be used for activities such as--
                    ``(A) the construction, expansion, and 
                modernization of facilities used to provide mental 
                health and substance abuse services to individuals;
                    ``(B) acquiring and leasing facilities and 
                equipment (including paying the costs of amortizing the 
                principal of, and paying the interest on, loans for 
                such facilities and equipment) to support or further 
                the operation of the subgrantee;
                    ``(C) the construction and structural modification 
                (including equipment acquisition) of facilities to 
                permit the integrated delivery of behavioral health and 
                primary care of specialty medical services to 
                individuals with co-occurring mental illnesses and 
                chronic medical or surgical diseases at a single 
                service site; and
                    ``(D) acquiring information technology required to 
                accommodate the clinical needs of primary and specialty 
                care professionals.
            ``(3) Limitation.--Not to exceed 15 percent of grant funds 
        may be used for activities described in paragraph (2)(D).
    ``(e) Request To Transfer Obligation.--An eligible entity that 
receives a grant under this section may submit a request to the 
Secretary for permission to transfer the 10-year obligation of facility 
use, as described in subsection (c)(1)(F), to another facility.
    ``(f) Agreement to Federal Share.--As a condition of receipt of a 
grant under this section, an eligible entity shall agree, with respect 
to the costs to be incurred by the entity in carrying out the 
activities for which such grant is awarded, that the entity will make 
available non-Federal contributions (which may include State or local 
funds, or funds from the qualified community program) in an amount 
equal to not less than $1 for every $1 of Federal funds provided under 
the grant.
    ``(g) Reporting.--
            ``(1) Reporting by states.--During the 10-year period 
        referred to in subsection (c)(1)(F), the Secretary shall 
        require that a State that receives a grant under this section 
        submit, as part of the report of the State required under the 
        Community Mental Health Services Block Grant under subpart I of 
        part B of title XIX and the Substance Abuse Prevention and 
        Treatment Block Grant under subpart II of such part, a 
        description of the progress on--
                    ``(A) the projects carried out pursuant to the 
                grant under this section; and
                    ``(B) the assurances that the facilities involved 
                continue to be used for the purpose for which they were 
                funded under such grant during such 10-year period.
            ``(2) Reporting by indian tribes and tribal 
        organizations.--The Secretary shall establish reporting 
        requirements for Indian tribes and tribal organizations that 
        receive a grant under this section. Such reporting requirements 
        shall include that such Indian tribe or tribal organization 
        provide a description of the progress on--
                    ``(A) the projects carried out pursuant to the 
                grant under this section; and
                    ``(B) the assurances that the facilities involved 
                continue to be used for the purpose for which they were 
                funded under such grant during the 10-year period 
                referred to in subsection (c)(1)(F).
    ``(h) Failure To Meet Obligations.--
            ``(1) In general.--If an eligible entity that receives a 
        grant under this section fails to meet any of the obligations 
        of the entity required under this section, the Secretary shall 
        take appropriate steps, which may include--
                    ``(A) requiring that the entity return the unused 
                portion of the funds awarded under this section for the 
                projects that are incomplete; and
                    ``(B) extending the length of time that the entity 
                must ensure that the facility involved is used for the 
                purposes for which it is intended, as described in 
                subsection (c)(1)(F).
            ``(2) Hearing.--Prior to requesting the return of the funds 
        under paragraph (1)(B), the Secretary shall provide the entity 
        notice and opportunity for a hearing.
    ``(i) Collaboration.--The Secretary may establish intergovernmental 
and interdepartmental memorandums of agreement as necessary to carry 
out this section.
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000 for fiscal year 2010 
and such sums as may be necessary for each of fiscal years 2011 through 
2013.''.
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