[Congressional Record Volume 156, Number 167 (Thursday, December 16, 2010)]
[Senate]
[Pages S10411-S10412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REED (for himself and Ms. Stabenow):
  S. 4035. A bill to amend the Public Health Service Act to provide 
grants for community-based mental health infrastructure improvement; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I introduce, along with my colleague, 
Senator Stabenow, the Community-Based Mental Health Infrastructure 
Improvements Act.
  Multiple research studies have shown that people with mental illness 
are at greater risk of preventable health conditions such as heart 
disease and diabetes and are more likely to die sooner than healthy 
individuals--in some instances up to 25 years sooner. In order to 
address this troubling trend, I authored language in the new health 
insurance reform law to ensure that individuals with multiple co-
occurring mental, behavioral, and physical health conditions have 
access to a coordinated and integrated health care delivery system. 
Under this provision, Community Mental Health Centers are authorized to 
provide patients with mental, behavioral, and primary health care all 
in one location.
  Recently, I was pleased to learn that two Community Mental Health 
Centers in Rhode Island received funding to begin to offer these co-
located services. However, many Community Mental Health Centers are 
unable to provide this broader range of services due to the limited 
physical space they occupy. The Community-Based Mental Health 
Infrastructure Improvements Act would authorize grants to states for 
the construction and modernization of these facilities. Indeed, for 
some Community Mental Health Centers, facility updates are the first 
step to enhancing patient care.
  I am also pleased that this legislation has been included in a 
broader piece of legislation that I joined Senator Stabenow in 
introducing today, the Excellence in Mental Health Act. As a member of 
the Senate Committee on Health, Education, Labor, and Pensions, I will 
continue to work to include these important initiatives in legislation 
that renews and improves Substance Abuse and Mental Health Services 
Administration, SAMHSA, programs.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4035

       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.

[[Page S10412]]

       ``(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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