I 

110TH CONGRESS 

1ST SESSION H. R. 2647 

To amend the Public Health Service Act to improve mental health and 

substance abuse services for juveniles. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2007 

Mr. JEFFERSON introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to improve mental 

health and substance abuse services for juveniles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mental Health and 

5 Substance Abuse Juvenile Services Improvement Act of 

6 2007’’. 

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1 SEC. 2. MENTAL HEALTH SERVICES FOR CHILDREN, ADO2 LESCENTS, AND THEIR FAMILIES. 

3 Title V of the Public Health Service Act (42 U.S.C. 

4 290aa et seq.) is amended by inserting after section 520A 

5 the following: 

6 ‘‘SEC. 520B. MENTAL HEALTH SERVICES FOR CHILDREN, 

7 ADOLESCENTS, AND THEIR FAMILIES. 

8 ‘‘(a) IN GENERAL.—In cooperation with the Sec9 retary of Education, the Secretary of Health and Human 

10 Services shall support either directly or through grants, 

11 contracts, or cooperative agreements with public entities 

12 programs to promote mental health among all children, 

13 from birth through adolescence, and their families and to 

14 provide early intervention services to ameliorate identified 

15 mental health problems in such children. 

16 ‘‘(b) EQUITABLE DISTRIBUTION.—The Secretary 

17 shall provide for an equitable distribution of grants, con18 tracts, and cooperative agreements by region, to include 

19 urban, suburban, and rural regions, including Native 

20 American communities. 

21 ‘‘(c) PRIORITY.—In awarding grants, contracts, and 

22 cooperative agreements under this section, the Secretary 

23 shall give priority to those applicants who— 

24 ‘‘(1) provide a comprehensive, community25 based, culturally competent and developmentally ap26 propriate prevention and early intervention program 

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1 that provides for the identification of early mental 

2 health problems and promotes the mental health and 

3 enhances the resiliency of children from birth 

4 through adolescence and of their families; 

5 ‘‘(2) incorporate families, schools, and commu6 nities in an integral role in the program; 

7 ‘‘(3) coordinate behavioral health care services, 

8 interventions, and supports in traditional and non9 traditional settings and provide a continuum of care 

10 for children from birth through adolescence and for 

11 their families; 

12 ‘‘(4) provide public health education to improve 

13 the public’s understanding of healthy emotional de14 velopment; 

15 ‘‘(5) provide training, technical assistance, con16 sultation, and support for community service pro17 viders, school personnel, families, and children to 

18 promote healthy emotional development and enhance 

19 resiliency in children from birth through adolescence; 

20 ‘‘(6) increase the resources available to such 

21 programs and provide for their sustainability by re22 quiring a commitment on the part of local commu23 nities in which the programs provide services; 

24 ‘‘(7) provide for the evaluation of programs op25 erating under this section to ensure that they are 

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1 providing intended services in an efficient and effec2 tive manner; and 

3 ‘‘(8) provide school-based mental health assess4 ment and treatment services conducted by a mental 

5 health professional (who may be a school counselor, 

6 school nurse, school psychologist, clinical psycholo7 gist, or school social worker) in public elementary or 

8 secondary schools. 

9 ‘‘(d) MATCHING REQUIREMENT.—A condition for an 

10 award under subsection (a) is that the entity involved 

11 agrees that the entity will, with respect to the costs to 

12 be incurred by the entity in carrying out the purpose de13 scribed in such subsection, make available (directly or 

14 through donations from public or private entities) non15 Federal contributions toward such costs in an amount that 

16 is not less than $1 for each $3 of Federal funds provided 

17 in the award. 

18 ‘‘(e) DURATIONS OF GRANTS.—With respect to an 

19 award under subsection (a), the period during which pay20 ments under such award are made to the recipient may 

21 not exceed 5 years. 

22 ‘‘(f) EVALUATION.—The Secretary shall ensure that 

23 entities receiving awards under subsection (a) carry out 

24 an evaluation of the project, including an evaluation of the 

25 effectiveness of program strategies, and short, intermstockstill on PROD1PC66 with BILLS

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1 mediate, and long-term outcomes including the program’s 

2 overall impact on strengthening families with young chil3 dren and creating environments in home, school, and com4 munity settings that promote healthy emotional develop5 ment and reduce incipient mental health and substance 

6 abuse problems. Local educational agencies receiving such 

7 awards shall ensure that the schools receiving these funds 

8 maintain an average ratio of one certified or licensed— 

9 ‘‘(1) school counselor for every 150 students; 

10 ‘‘(2) school nurse for every 350 students; 

11 ‘‘(3) school psychologist for every 500 students; 

12 and 

13 ‘‘(4) school social worker for every 400 stu14 dents. 

15 ‘‘(g) DEFINITIONS.—For purposes of this section: 

16 ‘‘(1) The term ‘mental health’ means a state of 

17 successful performance of mental function, resulting 

18 in productive activities, fulfilling relationships with 

19 other people, and the ability to adapt to change and 

20 cope with adversity. 

21 ‘‘(2) The term ‘mental illness’ refers to all 

22 diagnosable mental disorders (health conditions 

23 characterized by alterations in thinking, mood, or 

24 behavior or some combination thereof) associated 

25 with distress or impaired functioning or both. 

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1 ‘‘(3) The term ‘mental health problem’ refers to 

2 symptoms of insufficient intensity or duration to 

3 meet the criteria for any mental disorder. 

4 ‘‘(4)(A) The term ‘mental health professional’ 

5 refers to a qualified counselor, nurse, psychologist, 

6 or social worker. 

7 ‘‘(B) The terms ‘school counselor’, ‘school 

8 nurse’, ‘school psychologist’, and ‘school social work9 er’ mean an individual who possesses licensure or 

10 certification in the State involved, and who meets 

11 professional standards for practice in schools and re12 lated settings, as a school counselor, school nurse, 

13 school psychologist, or school social worker, respec14 tively. 

15 ‘‘(5) The term ‘public entity’ means any State, 

16 any political subdivision of a State, including any 

17 local educational agency, and any Indian tribe or 

18 tribal organization (as defined in section 4(b) and 

19 section 4(c) of the Indian Self-Determination and 

20 Education Assistance Act). 

21 ‘‘(h) AUTHORIZATION OF APPROPRIATION.—There 

22 are authorized to be appropriated to carry out this section 

23 $300,000,000 for fiscal year 2008 and such sums as are 

24 necessary for each of fiscal years 2009 and 2010. These 

25 funds are authorized to be used to carry out the provisions 

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1 of this section and cannot be utilized to supplement or 

2 supplant funding provided for other mental health services 

3 programs.’’. 

4 SEC. 3. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM 

5 MENTAL HEALTH AND SUBSTANCE ABUSE 

6 TREATMENT PROGRAMS FOR JUVENILES. 

7 Subpart 3 of part B of title V of the Public Health 

8 Service Act (42 U.S.C. 290bb–31 et seq.) is amended by 

9 adding at the end the following: 

10 ‘‘SEC. 520K INITIATIVE FOR COMPREHENSIVE, INTER11 SYSTEM MENTAL HEALTH AND SUBSTANCE 

12 ABUSE TREATMENT PROGRAMS FOR JUVE13 NILES. 

14 ‘‘(a) IN GENERAL.—The Attorney General of the 

15 United States and the Secretary, acting through the Di16 rector of the Center for Mental Health Services, shall 

17 award competitive grants to eligible entities for programs 

18 that address the service needs of juveniles, including juve19 niles with serious mental illnesses, by requiring the State 

20 or local juvenile justice system, the mental health system, 

21 and the substance abuse treatment system to work col22 laboratively to ensure— 

23 ‘‘(1) the appropriate diversion of such juveniles 

24 from incarceration; 

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1 ‘‘(2) the provision of appropriate mental health 

2 and substance abuse services as an alternative to in3 carceration, including for those juveniles on proba4 tion or parole; and 

5 ‘‘(3) the provision of follow-up services for juve6 niles who are discharged from the juvenile justice 

7 system. 

8 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

9 under this section, an entity shall— 

10 ‘‘(1) be a State or local juvenile justice agency, 

11 mental health agency, or substance abuse agency 

12 (including community diversion programs); 

13 ‘‘(2) prepare and submit to the Secretary an 

14 application at such time, in such manner, and con15 taining such information as the Secretary may re16 quire, including— 

17 ‘‘(A) an assurance that the applicant has 

18 the consent of all entities described in para19 graph (1) in carrying out and coordinating ac20 tivities under the grant; and 

21 ‘‘(B) with respect to services for juveniles, 

22 an assurance that the applicant has collabo23 rated with the State or local educational agency 

24 and the State or local welfare agency in carmstockstill on PROD1PC66 with BILLS

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1 rying out and coordinating activities under the 

2 grant; 

3 ‘‘(3) be given priority if the entity submits its 

4 application jointly with juvenile justice and sub5 stance abuse or mental health agencies; and 

6 ‘‘(4) ensure that funds from non-Federal 

7 sources are available to match amounts provided 

8 under the grant in an amount that is not less 

9 than— 

10 ‘‘(A) with respect to the first 3 years 

11 under the grant, 10 percent of the amount pro12 vided under the grant; and 

13 ‘‘(B) with respect to the fourth and fifth 

14 years under the grant, 30 percent of the 

15 amount provided under the grant. 

16 ‘‘(c) USE OF FUNDS.— 

17 ‘‘(1) INITIAL YEAR.—An entity that receives a 

18 grant under this section shall, in the first fiscal year 

19 in which amounts are provided under the grant, use 

20 such amounts to develop a collaborative plan— 

21 ‘‘(A) describing how the entity will insti22 tute a system to provide intensive community 

23 services— 

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1 ‘‘(i) to prevent high-risk juveniles 

2 from coming in contact with the justice 

3 system; and 

4 ‘‘(ii) to meet the mental health and 

5 substance abuse treatment needs of juve6 niles on probation or recently discharged 

7 from the justice system; and 

8 ‘‘(B) providing for the exchange by agen9 cies of information to enhance the provision of 

10 mental health or substance abuse services to ju11 veniles. 

12 ‘‘(2) SECOND THROUGH FIFTH YEARS.—With 

13 respect to the second through fifth fiscal years in 

14 which amounts are provided under the grant, the 

15 grantee shall use amounts provided under the 

16 grant— 

17 ‘‘(A) to furnish services, such as assertive 

18 community treatment, wrap-around services for 

19 juveniles, multisystemic therapy, outreach, inte20 grated mental health and substance abuse 

21 treatment, case management, health care, edu22 cation and job training, assistance in securing 

23 stable housing, finding a job or obtaining in24 come support, other benefits, access to appro25 priate school-based services, transitional and 

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1 independent living services, mentoring pro2 grams, home-based services, and provision of 

3 appropriate after-school and summer program4 ming; 

5 ‘‘(B) to establish a network of boundary 

6 spanners to conduct regular meetings with 

7 judges, provide liaison with mental health and 

8 substance abuse workers, share and distribute 

9 information, and coordinate with mental health 

10 and substance abuse treatment providers and 

11 probation or parole officers concerning provision 

12 of appropriate mental health and drug and alco13 hol addiction services for individuals on proba14 tion or parole; 

15 ‘‘(C) to provide cross-system training 

16 among police, corrections, and mental health 

17 and substance abuse providers with the purpose 

18 of enhancing collaboration and the effectiveness 

19 of all systems; 

20 ‘‘(D) to provide coordinated and effective 

21 after-care programs for juveniles with emotional 

22 or mental disorders who are discharged from 

23 jail, prison, or juvenile facilities; 

24 ‘‘(E) to purchase technical assistance to 

25 achieve the grant project’s goals; and 

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1 ‘‘(F) to furnish services, to train personnel 

2 in collaborative approaches, and to enhance 

3 intersystem collaboration. 

4 ‘‘(3) DEFINITION.—In paragraph (2)(B), the 

5 term ‘boundary spanners’ means professionals who 

6 act as case managers for juveniles with mental dis7 orders and substance abuse addictions, within both 

8 justice agency facilities and community mental 

9 health programs and who have full authority from 

10 both systems to act as problem solvers and advo11 cates on behalf of individuals targeted for service 

12 under this program. 

13 ‘‘(d) AREA SERVED BY THE PROJECT.—An entity re14 ceiving a grant under this section shall conduct activities 

15 under the grant to serve at least a single political jurisdic16 tion. 

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For 

18 each of fiscal years 2008 through 2013, there is author19 ized to be appropriated an amount equal to 10 percent 

20 of the amount appropriated under section 1935(a) for the 

21 respective fiscal year.’’. 

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1 SEC. 4. FUNDING FOR EMERGENCY MENTAL HEALTH AND 

2 SUBSTANCE ABUSE SERVICES FOR CHILDREN 

3 DIRECTLY AFFECTED BY PUBLIC HEALTH 

4 EMERGENCIES. 

5 (a) IN GENERAL.—Section 501(m) of the Public 

6 Health Service Act (42 U.S.C. 290aa(m)) is amended— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘2.5 percent’’ and inserting 

9 ‘‘5 percent’’; and 

10 (B) by striking ‘‘paragraph (2)’’ and in11 serting ‘‘paragraphs (2) and (3)’’; 

12 (2) by redesignating paragraphs (2) and (3) as 

13 paragraphs (3) and (4), respectively; and 

14 (3) by inserting after paragraph (1), the fol15 lowing: 

16 ‘‘(2) CONDITION.—A condition of paragraph 

17 (1) is that 2.5 percent of the funds subject to para18 graph (1) may only be available for the provision of 

19 emergency mental health and substance abuse treat20 ment and prevention services to children who are di21 rectly affected by public health emergencies, includ22 ing diseases or disorders that present such emer23 gencies, natural disasters, major transportation acci24 dents, technological disasters, and disasters resulting 

25 from terrorism.’’. 

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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall apply to grants provided on or after 

3 January 1, 2008. 

4 SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHIL5 DREN’S NEEDS. 

6 Title III of the Public Health Service Act is amended 

7 by inserting after section 319M (42 U.S.C. 247d–7d) the 

8 following: 

9 ‘‘SEC. 319N. CRISIS RESPONSE GRANTS TO ADDRESS CHIL10 DREN’S NEEDS. 

11 ‘‘(a) IN GENERAL.—The Secretary may award grants 

12 to eligible entities described in subsection (b) to enable 

13 such entities to increase the coordination and development 

14 of disaster preparedness efforts relating to the needs of 

15 children. 

16 ‘‘(b) ELIGIBILITY.—To be an eligible entity under 

17 this subsection, an entity shall— 

18 ‘‘(1) be a State, political subdivision of a State, 

19 a consortium of 2 or more States or political subdivi20 sions of States, a public or private non-profit agency 

21 or organization, or other organization that serves 

22 children as determined appropriate by the Secretary; 

23 and 

24 ‘‘(2) prepare and submit to the Secretary an 

25 application at such time, in such manner, and conmstockstill on PROD1PC66 with BILLS

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1 taining such information as the Secretary may re2 quire. 

3 ‘‘(c) USE OF FUNDS.—An entity shall use amounts 

4 received under a grant under this section to carry out ac5 tivities for the coordination and development of disaster 

6 preparedness efforts relating to the physical- and health7 related needs of children. 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section for fiscal year 2008.’’. 

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