II

106TH CONGRESS

2D SESSION S. 2639

To amend the Public Health Service Act to provide programs for the

treatment of mental illness.

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. DOMENICI (for himself, Mr. KENNEDY, and Mr. WELLSTONE) 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 programs

for the treatment of mental illness.

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 Early

5 Intervention, Treatment, and Prevention Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) Almost 3 percent of the adult population or

9 5 million individuals in the United States suffer

10 from a severe and persistent mental illness.
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1 (2) Twenty-five to 40 percent of the individuals

2 who suffer from a mental illness in the United

3 States will come into contact with the criminal jus4 tice system each year.

5 (3) Sixteen percent of all individuals incarcer6 ated in State and local jails suffer from a mental ill7 ness.

8 (4) Suicide is currently a national public health

9 crisis, with approximately 30,000 Americans com10 mitting suicide every year, including 2,000 children

11 and adolescents.

12 (5) The stigma associated with mental disorders

13 often discourages individuals from seeking treat14 ment, decreases such individuals’ access to housing

15 and employment, and interferes with such individ16 uals’ full participation in society.

17 (6) In industrialized countries, mental illness

18 constitutes 4 of the 10 leading causes of disability

19 for individuals who are 5 years of age or older. Such

20 illnesses are, in the order of prevalence, depression,

21 schizophrenia, bipolar disorder, and obsessive com22 pulsive disorder.

23 (7) Presently, nearly 7,500,000 children and

24 adolescents, or 12 percent of such population, suffer

25 from 1 or more types of mental disorders.
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1 (8) Of the almost 850,000 individuals who are

homeless in the United States, approximately 1 2 ⁄3 or

3 about 300,000 of such individuals suffer from a seri4 ous mental illness.

5 (9) The majority of individuals with a mental

6 illness can now be successfully treated.

7 (10) The primary care setting provides an im8 portant opportunity for the recognition of mental

9 disorders, especially in children, adolescents, and

10 seniors.

11 (11) The first Surgeon General’s Report on

12 Mental Health, released in December 1999, de13 scribes a vision for the future that includes 8 areas,

14 being—

15 (A) continuing to build the science base;

16 (B) overcoming stigma;

17 (C) improving public awareness of effective

18 treatment;

19 (D) ensuring the supply of mental health

20 services and providers;

21 (E) ensuring delivery of state-of-the-art

22 treatments;

23 (F) tailoring treatment to age, gender,

24 race, and culture;

25 (G) facilitating entry into treatment; and
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1 (H) reducing financial barriers to treat2 ment.

3 SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE

4 ACT.

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

6 290aa et seq.) is amended by adding at the end the fol7 lowing:

8 ‘‘PART G—PROGRAMS FOR TREATMENT OF

9 MENTAL ILLNESS

10 ‘‘SEC. 581. ANTI-STIGMA AND SUICIDE PREVENTION CAM11 PAIGN.

12 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

13 national anti-stigma and suicide prevention campaign to

14 reduce the stigma often associated with mental illness.

15 ‘‘(b) USE OF FUNDS.—The Secretary shall use funds

16 authorized for the campaign described in subsection (a)—

17 ‘‘(1) to make public service announcements to

18 reduce any stigma associated with mental illness;

19 ‘‘(2) to provide education regarding mental ill20 ness, including education regarding the biology of

21 mental illness, the effectiveness of treatment, and

22 the resources that are available for individuals af23 flicted with a mental illness and for families of such

24 individuals;
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1 ‘‘(3) to provide science-based education regard2 ing suicide and suicide prevention, including edu3 cation regarding recognition of the symptoms that

4 indicate that thoughts of suicide are being consid5 ered;

6 ‘‘(4) to provide education for parents regarding

7 youth suicide and prevention;

8 ‘‘(5) to purchase media time and space;

9 ‘‘(6) to pay for out-of-pocket advertising pro10 duction costs;

11 ‘‘(7) to test and evaluate advertising and edu12 cational materials for effectiveness; and

13 ‘‘(8) to carry out other activities that the Sec14 retary determines will reduce the stigma associated

15 with mental illness.

16 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

17 is authorized to be appropriated to carry out this section—

18 ‘‘(1) $50,000,000 to carry out paragraphs (1),

19 (2), (4), (5), (6), and (7) of subsection (b) for fiscal

20 year 2001, and such sums as may be necessary for

21 fiscal years 2002 through 2005; and

22 ‘‘(2) $25,000,000 to carry out paragraph (3) of

23 subsection (b) for fiscal year 2001, and such sums

24 as may be necessary for fiscal years 2002 through

25 2005.
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1 ‘‘SEC. 582. MENTAL ILLNESS AWARENESS TRAINING

2 GRANTS FOR TEACHERS AND EMERGENCY

3 SERVICES PERSONNEL.

4 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall

5 award grants to States, political subdivisions of States, In6 dian tribes, and tribal organizations to train teachers and

7 other relevant school personnel to recognize symptoms of

8 childhood and adolescent mental disorders, to refer family

9 members to the appropriate mental health services if nec10 essary, to train emergency services personnel to identify

11 and appropriately respond to persons with a mental ill12 ness, and to provide education to such teachers and per13 sonnel regarding resources that are available in the com14 munity for individuals with a mental illness.

15 ‘‘(b) EMERGENCY SERVICES PERSONNEL.—In this

16 section, the term ‘emergency services personnel’ includes

17 paramedics, firefighters, and emergency medical techni18 cians.

19 ‘‘(c) DISTRIBUTION OF AWARDS.—The Secretary

20 shall ensure that such grants awarded under subsection

21 (a) are equitably distributed among the geographical re22 gions of the United States and between urban and rural

23 populations.

24 ‘‘(d) APPLICATION.—A State, political subdivision of

25 a State, Indian tribe, or tribal organization that desires

26 a grant under this section shall submit an application to
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1 the Secretary at such time, in such manner, and con2 taining such information as the Secretary may require, in3 cluding a plan for the rigorous evaluation of activities that

4 are carried out with funds received under a grant under

5 this section.

6 ‘‘(e) USE OF FUNDS.—A State, political subdivision

7 of a State, Indian tribe, or tribal organization receiving

8 a grant under subsection (a) shall use funds from such

9 grant to—

10 ‘‘(1) train teachers and other relevant school

11 personnel to recognize symptoms of childhood and

12 adolescent mental disorders and appropriately re13 spond;

14 ‘‘(2) train emergency services personnel to iden15 tify and appropriately respond to persons with a

16 mental illness; and

17 ‘‘(3) provide education to such teachers and

18 personnel regarding resources that are available in

19 the community for individuals with a mental illness.

20 ‘‘(f) EVALUATION.—A State, political subdivision of

21 a State, Indian tribe, or tribal organization that receives

22 a grant under this section shall prepare and submit an

23 evaluation to the Secretary at such time, in such manner,

24 and containing such information as the Secretary may rea25 sonably require, including an evaluation of activities car-
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1 ried out with funds received under the grant under this

2 section and a process and outcome evaluation.

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

4 is authorized to be appropriated to carry out this section,

5 $50,000,000 for fiscal year 2001 and such sums as may

6 be necessary for each of fiscal years 2002 through 2005.

7 ‘‘SEC. 583. GRANTS FOR EMERGENCY MENTAL HEALTH

8 CENTERS.

9 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall

10 award grants to States, political subdivisions of States, In11 dian tribes, and tribal organizations to support the des12 ignation of hospitals and health centers as Emergency

13 Mental Health Centers.

14 ‘‘(b) HEALTH CENTER.—In this section, the term

15 ‘health center’ has the meaning given such term in section

16 330, and includes community health centers and commu17 nity mental health centers.

18 ‘‘(c) DISTRIBUTION OF AWARDS.—The Secretary

19 shall ensure that such grants awarded under subsection

20 (a) are equitably distributed among the geographical re21 gions of the United States, between urban and rural popu22 lations, and between different settings of care including

23 health centers, mental health centers, hospitals, and other

24 psychiatric units or facilities.
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1 ‘‘(d) APPLICATION.—A State, political subdivision of

2 a State, Indian tribe, or tribal organization that desires

3 a grant under subsection (a) shall submit an application

4 to the Secretary at such time, in such manner, and con5 taining such information as the Secretary may require, in6 cluding a plan for the rigorous evaluation of activities car7 ried out with funds received under this section.

8 ‘‘(e) USE OF FUNDS.—

9 ‘‘(1) IN GENERAL.—A State, political subdivi10 sion of a State, Indian tribe, or tribal organization

11 receiving a grant under subsection (a) shall use

12 funds from such grant to establish or designate hos13 pitals and health centers as Emergency Mental

14 Health Centers.

15 ‘‘(2) EMERGENCY MENTAL HEALTH CEN16 TERS.—Such Emergency Mental Health Centers de17 scribed in paragraph (1)—

18 ‘‘(A) shall—

19 ‘‘(i) serve as a central receiving point

20 in the community for individuals who may

21 be in need of emergency mental health

22 services;

23 ‘‘(ii) purchase, if needed, any equip24 ment necessary to evaluate, diagnose and
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1 stabilize an individual with a mental ill2 ness;

3 ‘‘(iii) provide training, if needed, to

4 the medical personnel staffing the Emer5 gency Mental Health Center to evaluate,

6 diagnose, stabilize, and treat an individual

7 with a mental illness; and

8 ‘‘(iv) provide any treatment that is

9 necessary for an individual with a mental

10 illness or a referral for such individual to

11 another facility where such treatment may

12 be received; and

13 ‘‘(B) may establish and train a mobile cri14 sis intervention team to respond to mental

15 health emergencies within the community.

16 ‘‘(f) EVALUATION.—A State, political subdivision of

17 a State, Indian tribe, or tribal organization that receives

18 a grant under subsection (a) shall prepare and submit an

19 evaluation to the Secretary at such time, in such manner,

20 and containing such information as the Secretary may rea21 sonably require, including an evaluation of activities car22 ried out with funds received under this section and a proc23 ess and outcomes evaluation.

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

25 is authorized to be appropriated to carry out this section,
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1 $50,000,000 for fiscal year 2001 and such sums as may

2 be necessary for each of the fiscal years 2002 through

3 2005.

4 ‘‘SEC. 584. GRANTS FOR JAIL DIVERSION PROGRAMS.

5 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall

6 make up to 125 grants to States, political subdivisions of

7 States, Indian tribes, and tribal organizations, acting di8 rectly or through agreements with other public or non9 profit entities, to develop and implement programs to di10 vert individuals with a mental illness from the criminal

11 justice system to community-based services.

12 ‘‘(b) ADMINISTRATION.—

13 ‘‘(1) CONSULTATION.—The Secretary shall con14 sult with the Attorney General and any other appro15 priate officials in carrying out this section.

16 ‘‘(2) REGULATORY AUTHORITY.—The Secretary

17 shall issue regulations and guidelines necessary to

18 carry out this section, including methodologies and

19 outcome measures for evaluating programs carried

20 out by States, political subdivisions of States, Indian

21 tribes, and tribal organizations receiving grants

22 under subsection (a).

23 ‘‘(c) APPLICATIONS.—

24 ‘‘(1) IN GENERAL.—To receive a grant under

25 subsection (a), the chief executive of a State, chief
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1 executive of a subdivision of a State, Indian tribe or

2 tribal organization shall prepare and submit an ap3 plication to the Secretary at such time, in such man4 ner, and containing such information as the Sec5 retary shall reasonably require.

6 ‘‘(2) CONTENT.—Such application shall—

7 ‘‘(A) contain an assurance that—

8 ‘‘(i) community-based mental health

9 services will be available for the individuals

10 who are diverted from the criminal justice

11 system, and that such services are based

12 on the best known practices, reflect current

13 research findings, include case manage14 ment, assertive community treatment,

15 medication management and access, inte16 grated mental health and co-occurring sub17 stance abuse treatment, and psychiatric re18 habilitation, and will be coordinated with

19 social services, including life skills training,

20 housing placement, vocational training,

21 education job placement, and health care;

22 ‘‘(ii) there has been relevant inter23 agency collaboration between the appro24 priate criminal justice, mental health, and

25 substance abuse systems; and
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1 ‘‘(iii) the Federal support provided

2 will be used to supplement, and not sup3 plant, State, local, Indian tribe, or tribal

4 organization sources of funding that would

5 otherwise be available;

6 ‘‘(B) demonstrate that the diversion pro7 gram will be integrated with an existing system

8 of care for those with mental illness;

9 ‘‘(C) explain the applicant’s inability to

10 fund the program adequately without Federal

11 assistance;

12 ‘‘(D) specify plans for obtaining necessary

13 support and continuing the proposed program

14 following the conclusion of Federal support; and

15 ‘‘(E) describe methodology and outcome

16 measures that will be used in evaluating the

17 program.

18 ‘‘(d) USE OF FUNDS.—A State, political subdivision

19 of a State, Indian tribe, or tribal organization that receives

20 a grant under subsection (a) may use funds received under

21 such grant to—

22 ‘‘(1) integrate the diversion program into the

23 existing system of care;

24 ‘‘(2) create or expand community-based mental

25 health and co-occurring mental illness and substance
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1 abuse services to accommodate the diversion pro2 gram;

3 ‘‘(3) train professionals involved in the system

4 of care, and law enforcement officers, attorneys, and

5 judges; and

6 ‘‘(4) provide community outreach and crisis

7 intervention.

8 ‘‘(e) FEDERAL SHARE.—

9 ‘‘(1) IN GENERAL.—The Secretary shall pay to

10 a State, political subdivision of a State, Indian tribe,

11 or tribal organization receiving a grant under sub12 section (a) the Federal share of the cost of activities

13 described in the application.

14 ‘‘(2) FEDERAL SHARE.—The Federal share of a

15 grant made under this section shall not exceed 75

16 percent of the total cost of the program carried out

17 by the State, political subdivision of a State, Indian

18 tribe, or tribal organization. Such share shall be

19 used for new expenses of the program carried out by

20 such State, political subdivision of a State, Indian

21 tribe, or tribal organization.

22 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal

23 share of payments made under this section may be

24 made in cash or in kind fairly evaluated, including
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1 planned equipment or services. The Secretary may

2 waive the requirement of matching contributions.

3 ‘‘(f) GEOGRAPHIC DISTRIBUTION.—The Secretary

4 shall ensure that such grants awarded under subsection

5 (a) are equitably distributed among the geographical re6 gions of the United States and between urban and rural

7 populations.

8 ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE.—

9 Training and technical assistance may be provided by the

10 Secretary to assist a State, political subdivision of a State,

11 Indian tribe, or tribal organization receiving a grant under

12 subsection (a) in establishing and operating a diversion

13 program.

14 ‘‘(h) EVALUATIONS.—The programs described in

15 subsection (a) shall be evaluated not less than 1 time in

16 every 12-month period using the methodology and out17 come measures identified in the grant application.

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this section

20 $10,000,000 for fiscal year 2001, and such sums as may

21 be necessary for fiscal years 2002 through 2005.

22 ‘‘SEC. 585. SUICIDE PREVENTION ACROSS THE LIFE SPEC23 TRUM.

24 ‘‘(a) IN GENERAL.—The Secretary shall award

25 grants, cooperative agreements, or contracts to States, po-
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1 litical subdivisions of States, Indian tribes, tribal organiza2 tions, and private nonprofit organizations to establish pro3 grams to reduce suicide deaths in the United States.

4 ‘‘(b) DURATION.—With respect to a grant, contract,

5 or cooperative agreement awarded under subsection (a),

6 the period during which payments under such award may

7 be made to the recipient may not exceed 5 years.

8 ‘‘(c) SPECIAL POPULATIONS.—In awarding grants,

9 contracts, and cooperative agreements under subsection

10 (a), the Secretary shall ensure that a portion of such

11 awards are made in a manner that will focus on the needs

12 of populations who experience high or rapidly rising rates

13 of suicide.

14 ‘‘(d) COLLABORATION.—In carrying out subsection

15 (a), the Secretary shall ensure that activities under this

16 section are coordinated with activities carried out by the

17 relevant institutes at the National Institutes of Health,

18 the Health Resources and Services Administration, the

19 Centers for Disease Control and Prevention, the Adminis20 tration on Children and Families, and the Administration

21 on Aging.

22 ‘‘(e) REQUIREMENTS.—A State, political subdivision

23 of a State, Indian tribe, tribal organization, or private

24 nonprofit organization desiring a grant, contract, or coop-
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1 erative agreement under subsection (a) shall demonstrate

2 that the program such entity proposes will—

3 ‘‘(1) provide for the timely assessment and

4 treatment of individuals at risk for suicide;

5 ‘‘(2) use evidence-based strategies;

6 ‘‘(3) be based on best practices that are adapt7 ed to the local community;

8 ‘‘(4) integrate its program into the existing

9 health care system in the community, including pri10 mary health care, mental health services, and sub11 stance abuse services;

12 ‘‘(5) be integrated into other systems in the

13 community that address the needs of individuals, in14 cluding the educational system, juvenile justice sys15 tem, prisons, welfare and child protection systems,

16 and community youth support organizations;

17 ‘‘(6) use primary prevention methods to educate

18 and raise awareness in the local community by dis19 seminating information about suicide prevention;

20 ‘‘(7) include services for the families and

21 friends of individuals who completed suicide;

22 ‘‘(8) provide linguistically appropriate and cul23 turally competent services;
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1 ‘‘(9) provide a plan for the evaluation of out2 comes and activities at the local level and agree to

3 participate in a National evaluation;

4 ‘‘(10) provide or ensure adequate provision of

5 mental health and substance abuse services, either

6 through provision of direct services or referral; and

7 ‘‘(11) ensure that staff used in the program are

8 trained in suicide prevention and that professionals

9 involved in the system of care are given training in

10 identifying persons at risk of suicide.

11 ‘‘(f) APPLICATION.—A State, political subdivision of

12 a State, Indian tribe, tribal organization, or private non13 profit organization receiving a grant, cooperative agree14 ment, or contract under subsection (a) shall prepare and

15 submit an application to the Secretary at such time, in

16 such manner, and containing such information as the Sec17 retary may reasonably require. Such application shall in18 clude a plan for the rigorous evaluation of activities fund19 ed under the grant, cooperative agreement, or contract,

20 including a process and outcomes evaluation.

21 ‘‘(g) DISTRIBUTION OF AWARDS.—In awarding

22 grants, contracts, and cooperative agreements under sub23 section (a), the Secretary shall ensure that such awards

24 are equitably distributed among the geographical regions
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1 of the United States and between urban and rural popu2 lations.

3 ‘‘(h) EVALUATION.—A State, political subdivision of

4 a State, Indian tribe, tribal organization, or private non5 profit organization receiving a grant, cooperative agree6 ment, or contract under subsection (a) shall prepare and

7 submit to the Secretary at the end of the program period,

8 an evaluation of all activities funded under this section.

9 ‘‘(i) DISSEMINATION AND EDUCATION.—The Sec10 retary shall ensure that findings derived from activities

11 carried out under this section are disseminated to State,

12 county, and local governmental agencies and nonprofit or13 ganizations active in promoting suicide prevention and

14 family support activities.

15 ‘‘(j) AUTHORIZATION OF APPROPRIATION.—There

16 are authorized to be appropriated to carry out this section

17 $75,000,000 for fiscal year 2001, and such sums as may

18 be necessary for fiscal years 2002 through 2005.

19 ‘‘SEC. 586. MENTAL ILLNESS OUTREACH SCREENING PRO20 GRAMS.

21 ‘‘(a) IN GENERAL.—The Secretary shall award

22 grants, cooperative agreements, or contracts to States, po23 litical subdivisions of States, Indian tribes, tribal organiza24 tions, and private nonprofit organizations to conduct out25 reach screening programs to identify children, adolescents,
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1 and adults with a mental illness or a mental illness and

2 co-occurring substance abuse disorder and to provide re3 ferrals for such children, adolescents, and adults.

4 ‘‘(b) DURATION.—The Secretary shall award grants,

5 cooperative agreements, or contracts under subsection (a)

6 for a period of not more than 5 years.

7 ‘‘(c) APPLICATION.—A State, political subdivision of

8 a State, Indian tribe, tribal organization, or private non9 profit organization desiring a grant, cooperative agree10 ment, or contract under subsection (a) shall prepare and

11 submit an application to the Secretary at such time, in

12 such manner, and containing such information as the Sec13 retary may require, including—

14 ‘‘(1) a plan for the rigorous evaluation of activi15 ties funded under the grant, including a process and

16 outcomes evaluation; and

17 ‘‘(2) provide or ensure adequate provision of

18 mental health and substance abuse services, either

19 through provision of direct services or referral.

20 ‘‘(d) USE OF FUNDS.—A State, political subdivision

21 of a State, Indian tribe, tribal organization, or private

22 nonprofit organization receiving a grant, cooperative

23 agreement, or contract under subsection (a) shall use

24 funds received under such grant—
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1 ‘‘(1) to provide screening and referrals for chil2 dren, adolescents, and adults with a mental illness,

3 especially for underserved populations and groups

4 historically less likely to seek mental health and sub5 stance abuse services;

6 ‘‘(2) to ensure that appropriate referrals are

7 provided for children, adolescents, and adults in

8 need of mental health services or in need of inte9 grated services relating to a co-occurring mental ill10 ness and substance abuse disorder; 

11 ‘‘(3) to utilize evidence-based and cost-effective

12 screening tools; and

13 ‘‘(4) to utilize existing, or to develop if nec14 essary, linguistically appropriate and culturally com15 petent screening tools.

16 ‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary

17 shall ensure that such grants, cooperative agreements, and

18 contracts awarded under subsection (a) are equitably dis19 tributed among the geographical regions of the United

20 States and between urban and rural populations.

21 ‘‘(f) EVALUATION.—A State, political subdivision of

22 a State, Indian tribe, tribal organization, or private non23 profit organization that receives a grant, cooperative

24 agreement, or contract under subsection (a) shall prepare

25 and submit to the Secretary an evaluation at the end of
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1 the program period regarding activities funded under the

2 grant.

3 ‘‘(g) PUBLIC INFORMATION.—The Secretary shall en4 sure that the evaluations submitted under subsection (f)

5 are available and disseminated to State, county and local

6 governmental agencies, and to private providers of mental

7 health and substance abuse services.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATION.—There is

9 authorized to be appropriated to carry out this section,

10 $15,000,000 for fiscal year 2001, and such sums as may

11 be necessary for fiscal years 2002 through 2005.

12 ‘‘SEC. 587. GRANTS FOR MENTAL ILLNESS TREATMENT

13 SERVICES.

14 ‘‘(a) GRANTS FOR THE EXPANSION OF MENTAL

15 HEALTH SERVICES.—

16 ‘‘(1) IN GENERAL.—The Secretary shall award

17 grants, contracts, or cooperative agreements to

18 States, political subdivisions of States, Indian tribes,

19 tribal organizations, and private nonprofit organiza20 tions for the purpose of expanding community-based

21 mental health services to meet emerging or urgent

22 mental health service needs in local communities.

23 ‘‘(2) PRIORITY.—The Secretary shall give pri24 ority in making awards under paragraph (1) to

25 States, political subdivisions of States, Indian tribes,
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1 tribal organizations, and private nonprofit organiza2 tions that—

3 ‘‘(A) have an integrated system of care or

4 are committed to developing such system of

5 care;

6 ‘‘(B) have a significant need for mental

7 health services as shown by a needs assessment

8 and a lack of funds for providing the needed

9 services; and

10 ‘‘(C) will work with—

11 ‘‘(i) adults who have a history of re12 peated psychiatric hospitalizations, have a

13 history of interactions with law enforce14 ment or the criminal justice system, or are

15 homeless; or

16 ‘‘(ii) children or adolescents who are

17 at risk for suicide, parental relinquishment

18 of custody, encounters with the juvenile

19 justice system, behavior dangerous to

20 themselves or others, or being homeless.

21 ‘‘(3) USE OF FUNDS.—A State, political sub22 division of a State, Indian tribe, tribal organization,

23 or private nonprofit organization receiving a grant,

24 contract, or cooperative agreement under paragraph
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1 (1) may use the funds received under such grant,

2 contract, or cooperative agreement to—

3 ‘‘(A) develop an integrated system of care

4 for the provision of services for children with a

5 serious emotional disturbance or adults with a

6 serious mental illness;

7 ‘‘(B) expand community-based mental

8 health services, which may include assertive

9 community treatment, intensive case manage10 ment, psychiatric rehabilitation, peer support

11 services, comprehensive wraparound services,

12 and day treatment programs;

13 ‘‘(C) ensure continuity of care for children,

14 adolescents, and adults discharged from the

15 hospital and returning to the community; and

16 ‘‘(D) provide outreach to children, adoles17 cents, and adults in the community in need of

18 mental health services, including individuals

19 who are homeless.

20 ‘‘(b) GRANTS FOR THE INTEGRATED TREATMENT OF

21 SERIOUS MENTAL ILLNESS AND CO-OCCURRING SUB22 STANCE ABUSE.—

23 ‘‘(1) IN GENERAL.—The Secretary shall award

24 grants, contracts, or cooperative agreements to

25 States, political subdivisions of States, Indian tribes,
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1 tribal organizations, and private nonprofit organiza2 tions for the development or expansion of programs

3 to provide integrated treatment services for individ4 uals with a serious mental illness and a co-occurring

5 substance abuse disorder.

6 ‘‘(2) PRIORITY.—In awarding grants, contracts,

7 and cooperative agreements under paragraph (1),

8 the Secretary shall give priority to applicants that

9 emphasize the provision of services for individuals

10 with a serious mental illness and a co-occurring sub11 stance abuse disorder who—

12 ‘‘(A) have a history of interactions with

13 law enforcement or the criminal justice system;

14 ‘‘(B) have recently been released from in15 carceration;

16 ‘‘(C) have a history of unsuccessful treat17 ment in either an inpatient or outpatient set18 ting;

19 ‘‘(D) have never followed through with out20 patient services despite repeated referrals; or

21 ‘‘(E) are homeless.

22 ‘‘(3) USE OF FUNDS.—A State, political sub23 division of a State, Indian tribe, tribal organization,

24 or private nonprofit organization that receives a

25 grant, contract, or cooperative agreement under
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1 paragraph (1) shall use funds received under such

2 grant—

3 ‘‘(A) to provide fully integrated services

4 rather than serial or parallel services;

5 ‘‘(B) to employ staff that are cross-trained

6 in the diagnosis and treatment of both serious

7 mental illness and substance abuse;

8 ‘‘(C) to provide integrated mental health

9 and substance abuse services at the same loca10 tion;

11 ‘‘(D) to provide services that are linguis12 tically appropriate and culturally competent;

13 ‘‘(E) to provide at least 10 programs for

14 integrated treatment of both mental illness and

15 substance abuse at sites that previously pro16 vided only mental health services or only sub17 stance abuse services; and

18 ‘‘(F) to provide services in coordination

19 with other existing public and private commu20 nity programs.

21 ‘‘(4) CONDITION.—The Secretary shall ensure

22 that a State, political subdivision of a State, Indian

23 tribe, tribal organization, or private nonprofit orga24 nization that receives a grant, contract, or coopera25 tive agreement under paragraph (1) maintains the
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1 level of effort necessary to sustain existing mental

2 health and substance abuse programs for other pop3 ulations served by mental health systems in the com4 munity.

5 ‘‘(5) DISTRIBUTION OF AWARDS.—The Sec6 retary shall ensure that grants, contracts, or cooper7 ative agreements awarded under paragraph (1) are

8 equitably distributed among the geographical regions

9 of the United States and between urban and rural

10 populations.

11 ‘‘(c) DURATION.—The Secretary shall award grants,

12 contract, or cooperative agreements under subsections (a)

13 and (b) for a period of not more than 5 years.

14 ‘‘(d) APPLICATION.—A State, political subdivision of

15 a State, Indian tribe, tribal organization, or private non16 profit organization that desires a grant, contract, or coop17 erative agreement under subsection (a) or (b) shall pre18 pare and submit an application to the Secretary at such

19 time, in such manner, and containing such information as

20 the Secretary may require. Such application shall include

21 a plan for the rigorous evaluation of activities funded with

22 an award under such subsections, including a process and

23 outcomes evaluation.

24 ‘‘(e) EVALUATION.—A State, political subdivision of

25 a State, Indian tribe, tribal organization, or private non-
28

•S 2639 IS

1 profit organization that receives a grant, contract, or coop2 erative agreement under subsections (a)(1) and (b)(1)

3 shall prepare and submit a plan for the rigorous evalua4 tion of the program funded under such grant, contract,

5 or agreement, including both process and outcomes eval6 uation, and the submission of an evaluation at the end

7 of the project period.

8 ‘‘(f) AUTHORIZATION OF APPROPRIATION.—There is

9 authorized to be appropriated to carry out this section—

10 ‘‘(1) $50,000,000 for subsection (a) for fiscal

11 year 2001, and such sums as may be necessary for

12 fiscal years 2002 through 2005; and

13 ‘‘(2) $50,000,000 for subsection (b) for fiscal

14 year 2001, and such sums as may be necessary for

15 fiscal years 2002 through 2005.

16 ‘‘SEC. 588. CENTERS OF EXCELLENCE FOR POST TRAU17 MATIC STRESS AND RELATED DISORDERS.

18 ‘‘(a) IN GENERAL.—The Secretary shall award

19 grants, contracts, or cooperative agreements to public and

20 nonprofit private entities for the purpose of establishing

21 national and regional centers of excellence on psycho22 logical trauma response and for developing knowledge with

23 regard to evidence-based practices for treating psychiatric

24 disorders resulting from witnessing or experiencing a trau25 matic event.
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1 ‘‘(b) PRIORITIES.—In awarding grants, contracts, or

2 cooperative agreements under subsection (a) related to the

3 development of knowledge on evidence-based practices for

4 treating disorders associated with psychological trauma,

5 the Secretary shall give priority to entities proposing pro6 grams that work with children, adolescents, adults, and

7 families who are survivors and witnesses of domestic,

8 school, and community violence and terrorism.

9 ‘‘(c) GEOGRAPHICAL DISTRIBUTION.—The Secretary

10 shall ensure that grants, contracts, or cooperative agree11 ments under subsection (a) with respect to centers of ex12 cellence are distributed equitably among the regions of the

13 country and among urban and rural areas.

14 ‘‘(d) APPLICATION.—A public or nonprofit private

15 entity desiring a grant, contract, or cooperative agreement

16 under subsection (a) shall prepare and submit an applica17 tion to the Secretary at such time, in such manner, and

18 containing such information as the Secretary may reason19 ably require.

20 ‘‘(e) EVALUATION.—The Secretary, as part of the ap21 plication process, shall require that each applicant for a

22 grant, contract, or cooperative agreement under sub23 section (a) submit a plan for the rigorous evaluation of

24 the activities funded under the grant, contract, or agree25 ment, including both process and outcomes evaluation,
30

•S 2639 IS

1 and the submission of an evaluation at the end of the

2 project period.

3 ‘‘(f) DURATION OF AWARDS.—With respect to a

4 grant, contract or cooperative agreement awarded under

5 subsection (a), the period during which payments under

6 such an award will be made to the recipient may not ex7 ceed 5 years. Such grants, contracts, or agreements may

8 be renewed.

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

10 is authorized to be appropriated to carry out this section,

11 $50,000,000 for fiscal year 2001, and such sums as may

12 be necessary for each of the fiscal years 2002 through

13 2005.

14 ‘‘SEC. 589. MENTAL ILLNESS TREATMENT COMPLIANCE INI15 TIATIVE.

16 ‘‘(a) IN GENERAL.—The Secretary, acting through

17 the Director of the National Institute of Mental Health,

18 shall establish a research program to determine factors

19 contributing to noncompliance with outpatient treatment

20 plans, and to design innovative, community-based pro21 grams that use noncoercive methods to enhance compli22 ance.

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this section

25 such sums as may be necessary.
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1 ‘‘SEC. 590. CENTERS OF EXCELLENCE FOR TRANSLATIONAL

2 RESEARCH.

3 ‘‘(a) IN GENERAL.—The Director of the National In4 stitute of Mental Health shall establish Centers for Excel5 lence in Translational Research to speed knowledge from

6 basic scientific findings to clinical application.

7 ‘‘(b) PURPOSE.—Such centers shall—

8 ‘‘(1) engage in basic and clinical research and

9 training of clinicians in the neuroscience of mental

10 health; and

11 ‘‘(2) develop model curricula for the teaching of

12 basic neuroscience to medical students, residents,

13 and post doctoral fellows in clinical psychiatry and

14 psychology.

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated to carry out this section

17 such sums as may be necessary.

18 ‘‘SEC. 591. INCENTIVES TO INCREASE THE SUPPLY OF

19 BASIC AND CLINICAL MENTAL HEALTH RE20 SEARCHERS.

21 ‘‘(a) IN GENERAL.—The Secretary, acting through

22 the Director of National Institute of Mental Health, shall

23 develop and implement a program to increase the supply

24 of basic researchers and clinical researchers in the mental

25 health field. Such program may include loan forgiveness,

26 scholarships, and fellowships with both stipends and funds
32

•S 2639 IS

1 for laboratory investigation. Such program, in part, shall

2 be designed to attract both female and under-represented

3 minority psychiatrists and psychologists into laboratory

4 research in the neuroscience of mental health and mental

5 illness.

6 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

7 are authorized to be appropriated to carry out this section

8 such sums as may be necessary.

9 ‘‘SEC. 592. IMPROVING OUTCOMES FOR CHILDREN AND

10 ADOLESCENTS THROUGH SERVICES INTE11 GRATION BETWEEN CHILD WELFARE AND

12 MENTAL HEALTH SERVICES.

13 ‘‘(a) IN GENERAL.—The Secretary shall award

14 grants, contracts or cooperative agreements to States, po15 litical subdivisions of States, Indian tribes, and tribal or16 ganizations to provide integrated child welfare and mental

17 health services for children and adolescents under 19 years

18 of age in the child welfare system or at risk for becoming

19 part of the system, and parents or caregivers with a men20 tal illness or a mental illness and a co-occurring substance

21 abuse disorder.

22 ‘‘(b) DURATION.—With respect to a grant, contract

23 or cooperative agreement awarded under this section, the

24 period during which payments under such award are made

25 to the recipient may not exceed 5 years.
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1 ‘‘(c) APPLICATION.—

2 ‘‘(1) IN GENERAL.—To be eligible to receive an

3 award under subsection (a), a State, political sub4 division of a State, Indian tribe, or tribal organiza5 tion shall submit an application to the Secretary at

6 such time, in such manner, and accompanied by

7 such information as the Secretary may reasonably

8 require.

9 ‘‘(2) CONTENT.—An application submitted

10 under paragraph (1) shall—

11 ‘‘(A) describe the program to be funded

12 under the grant, contract or cooperative agree13 ment;

14 ‘‘(B) explain how such program reflects

15 best practices in the provision of child welfare

16 and mental health services; and

17 ‘‘(C) provide assurances that—

18 ‘‘(i) persons providing services under

19 the grant, contract or cooperative agree20 ment are adequately trained to provide

21 such services; and

22 ‘‘(ii) the services will be provided in

23 accordance with subsection (d).

24 ‘‘(d) USE OF FUNDS.—A State, political subdivision

25 of a State, Indian tribe, or tribal organization that receives
34

•S 2639 IS

1 a grant, contract, or cooperative agreement under sub2 section (a) shall use amounts made available through such

3 grant, contract or cooperative agreement to—

4 ‘‘(1) provide family-centered, comprehensive,

5 and coordinated child welfare and mental health

6 services, including prevention, early intervention and

7 treatment services for children and adolescents, and

8 for their parents or caregivers;

9 ‘‘(2) ensure a single point of access for such co10 ordinated services;

11 ‘‘(3) provide integrated mental health and sub12 stance abuse treatment for children, adolescents,

13 and parents or caregivers with a mental illness and

14 a co-occurring substance abuse disorder;

15 ‘‘(4) provide training for the child welfare, men16 tal health and substance abuse professionals who

17 will participate in the program carried out under

18 this section;

19 ‘‘(5) provide technical assistance to child wel20 fare and mental health agencies;

21 ‘‘(6) develop cooperative efforts with other serv22 ice entities in the community, including education,

23 social services, juvenile justice, and primary health

24 care agencies;
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•S 2639 IS

1 ‘‘(7) coordinate services with services provided

2 under the medicaid program and the State Chil3 dren’s Health Insurance Program under titles XIX

4 and XXI of the Social Security Act;

5 ‘‘(8) provide linguistically appropriate and cul6 turally competent services; and

7 ‘‘(9) evaluate the effectiveness and cost-effi8 ciency of the integrated services that measure the

9 level of coordination, outcome measures for parents

10 or caregivers with a mental illness or a mental ill11 ness and a co-occurring substance abuse disorder,

12 and outcome measures for children.

13 ‘‘(e) DISTRIBUTION OF AWARDS.—The Secretary

14 shall ensure that grants, contracts, and cooperative agree15 ments awarded under subsection (a) are equitably distrib16 uted among the geographical regions of the United States

17 and between urban and rural populations.

18 ‘‘(f) EVALUATION.—The Secretary shall evaluate

19 each program carried out by a State, political subdivision

20 of a State, Indian tribe, or tribal organization under sub21 section (a) and shall disseminate the findings with respect

22 to each such evaluation to appropriate public and private

23 entities.

24 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

25 is authorized to be appropriated to carry out this section,
36

•S 2639 IS

1 $20,000,000 for fiscal year 2001, and such sums as may

2 be necessary for each of fiscal years 2002 and 2005.’’.

3 ‘‘SEC. 593. PRIMARY CARE RESIDENCY TRAINING GRANTS.

4 ‘‘(a) IN GENERAL.—The Secretary shall award

5 grants to institutions with accredited residency training

6 programs that provide residency training in primary care

7 to provide training to identify individuals with a mental

8 illness and to refer such individuals for treatment to men9 tal health professionals when appropriate.

10 ‘‘(b) PRIMARY CARE.—In this section, the term ‘pri11 mary care’ includes family practice, internal medicine, pe12 diatrics, obstetrics and gynecology, geriatrics, and emer13 gency medicine.

14 ‘‘(c) DISTRIBUTION OF AWARDS.—The Secretary

15 shall ensure that such grants awarded under subsection

16 (a) are equitably distributed among the geographical re17 gions of the United States and between urban and rural

18 populations.

19 ‘‘(d) ELIGIBILITY.—In order to be eligible to receive

20 a grant under this section, an institution with a residency

21 training program shall require residents to demonstrate

22 core competencies in the diagnosis, treatment, options and

23 referral for treatment for individuals with a mental illness.

24 ‘‘(e) APPLICATION.—An institution with a residency

25 training program desiring a grant under subsection (a)
37

•S 2639 IS

1 shall prepare and submit an application to the Secretary

2 at such time, in such manner, and containing such infor3 mation as the Secretary may require.

4 ‘‘(f) USE OF FUNDS.—An institution with a residency

5 training program that receives a grant under subsection

6 (a) shall use funds received under such grant to—

7 ‘‘(1) provide training for the diagnosis and

8 treatment of mental illness, and for appropriate re9 ferrals to mental health professionals; and

10 ‘‘(2) develop model curricula or expand existing

11 model curricula to teach primary care residents the

12 relationship between physical illness and the mind

13 and to effectively diagnose and treat mental illnesses

14 and make appropriate referrals to mental health pro15 fessionals which shall include—

16 ‘‘(A) the development of core competencies

17 in the diagnosis, treatment, options and referral

18 of individuals with a mental illness;

19 ‘‘(B) a testing component to ensure that

20 residents demonstrate a proficiency in such core

21 competencies; and

22 ‘‘(C) model curricula regarding neuro23 science and behavior to enhance the under24 standing of mental illness.
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•S 2639 IS

1 ‘‘(g) EVALUATION.—An institution with a residency

2 training program that receives a grant under subsection

3 (a) shall prepare and submit to the Secretary an evalua4 tion of the activities carried out with funds received under

5 this section, including a process and outcomes evaluation.

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

7 is authorized to be appropriated to carry out this section,

8 $10,000,000 for fiscal year 2001 and such sums as may

9 be necessary for each of fiscal years 2002 through 2005.

10 ‘‘SEC. 594. TRAINING AND CONTINUING EDUCATION

11 GRANTS FOR PRIMARY HEALTH CARE PRO12 VIDERS.

13 ‘‘(a) IN GENERAL.—The Secretary shall award

14 grants to academic health centers, community hospitals,

15 and out-patient clinics, including community health cen16 ters and community mental health centers, for the con17 tinuing education of appropriate primary care providers

18 in the diagnosis, treatment, options and referrals of chil19 dren, adolescents, and adults with a mental illness to men20 tal health professionals, and for the education of primary

21 care providers in the delivery of effective medical care to

22 such children, adolescents, and adults.

23 ‘‘(b) DISTRIBUTION OF AWARDS.—The Secretary

24 shall ensure that such grants awarded under subsection

25 (a) are equitably distributed among the geographical re-
39

•S 2639 IS

1 gions of the United States and between urban and rural

2 populations.

3 ‘‘(c) APPLICATION.—An academic health center, com4 munity hospital, or out-patient clinic, including a commu5 nity health center and a community mental health center,

6 desiring a grant under subsection (a) shall prepare and

7 submit an application to the Secretary at such time, in

8 such manner, and containing such information as the Sec9 retary may require, including a plan for the rigorous eval10 uation of activities carried out with funds received under

11 this section, including a process and outcomes evaluation.

12 ‘‘(d) USE OF FUNDS.—An academic health center,

13 community hospital, or out-patient clinic, including a com14 munity health center and a community mental health cen15 ter, that receives a grant under this section shall use funds

16 received under such grant for the continuing education of

17 primary care providers in the diagnosis, treatment, options

18 and appropriate referrals of children, adolescents, and

19 adults with a mental illness to mental health professionals,

20 and for the education of primary care providers in the de21 livery of effective medical care to such children, adoles22 cents, and adults.

23 ‘‘(e) EVALUATION.—An academic health center, com24 munity hospital, or out-patient clinic, including a commu25 nity health center and a community mental health center,
40

•S 2639 IS

1 that receives a grant under this section shall prepare and

2 submit an evaluation to the Secretary that describes ac3 tivities carried out with funds received under this section.

4 ‘‘(f) DEFINITIONS.—In this section:

5 ‘‘(1) HEALTH CENTER.—The term ‘health cen6 ter’ has the meaning given such term in section 330,

7 and includes community mental health centers.

8 ‘‘(2) PRIMARY CARE.—The term ‘primary care’

9 includes family practice, internal medicine, pediat10 rics, obstetrics and gynecology, geriatrics, and emer11 gency medicine.

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

13 is authorized to be appropriated to carry out this section,

14 $20,000,000 for fiscal year 2001 and such sums as may

15 be necessary for each of fiscal years 2002 through 2005.

16 ‘‘SEC. 595. COMMISSION.

17 ‘‘(a) COMMISSION.—There is established a Commis18 sion that shall study issues regarding the diagnosis, treat19 ment, rehabilitation, and hospitalization of individuals

20 with a mental illness, make recommendations regarding

21 the findings of such research, and develop model State leg22 islation based on the results of such research if appro23 priate.

24 ‘‘(b) DUTIES.—The Commission established under

25 subsection (a) shall—
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•S 2639 IS

1 ‘‘(1) study issues regarding the screening, diag2 nosis, and treatment of individuals with a mental ill3 ness in both an outpatient and inpatient setting;

4 ‘‘(2) study the effectiveness and results of out5 patient and inpatient involuntary treatment of indi6 viduals with a mental illness, review existing laws

7 governing outpatient involuntary treatment of indi8 viduals with a mental illness, and if appropriate,

9 propose model State legislation to regulate such in10 voluntary treatment;

11 ‘‘(3) study the effectiveness and results of pro12 moting the inclusion of individuals with a mental ill13 ness in their treatment decisions and the use of psy14 chiatric advance directives, and if appropriate, pro15 pose model State legislation;

16 ‘‘(4) review the report ‘Mental Health: A Re17 port of the Surgeon General’ and develop policy rec18 ommendations for Federal, State, and local govern19 ments to guide the development of public policy, im20 plement the findings of the Surgeon General;

21 ‘‘(5) develop mental health proposals, based on

22 the supplemental report of the Surgeon General on

23 mental health and race, culture, and ethnicity, to

24 improve the diagnosis, treatment, rehabilitation, and

25 hospitalization of individuals with a mental illness,
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•S 2639 IS

1 and the utilization of services for such individuals

2 among diverse populations;

3 ‘‘(6) study the coordination of services between

4 the health care system, social services system, and

5 the criminal justice system for individuals with a

6 mental illness;

7 ‘‘(7) study the adequacy of current treatment

8 services for mental illness; and

9 ‘‘(8) study issues regarding the mental illness

10 of incarcerated individuals in the criminal justice

11 system and develop recommendations for programs

12 to identify, diagnose, and treat such individuals.

13 ‘‘(c) MEMBERS OF THE COMMISSION.—

14 ‘‘(1) IN GENERAL.—The Commission estab15 lished under subsection (a) shall be composed of—

16 ‘‘(A) the Director of the National Institute

17 of Mental Health;

18 ‘‘(B) the Director of the Center for Mental

19 Health Services; and

20 ‘‘(C) a representative from a State or local

21 mental health agency;

22 ‘‘(D) a judge;

23 ‘‘(E) a prosecutor;

24 ‘‘(F) a criminal defense attorney;

25 ‘‘(G) a constitutional law scholar;
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•S 2639 IS

1 ‘‘(H) a law enforcement official;

2 ‘‘(I) a county corrections official;

3 ‘‘(J) a board certified psychiatrist;

4 ‘‘(K) a psychologist;

5 ‘‘(L) a medical ethicist;

6 ‘‘(M) 2 mental health advocates, 1 of

7 which shall be a consumer of mental health

8 services; and

9 ‘‘(N) a family member of an individual

10 with a mental illness.

11 ‘‘(2) SELECTION.—Members of the Commission

12 established under subsection (a) shall be selected in

13 the following manner:

14 ‘‘(A) The Majority Leader of the Senate,

15 in consultation with the Minority Leader of the

16 Senate, shall select 5 members of the Commis17 sion, with not more than 3 of such members

18 being of the same political party.

19 ‘‘(B) The Speaker of the House of Rep20 resentatives, in consultation with the Minority

21 Leader of the House of Representatives, shall

22 select 5 members of the Commission, with not

23 more than 3 of such members being of the same

24 political party.
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•S 2639 IS

1 ‘‘(C) The President shall select 5 members

2 of the Commission, 2 of which shall be the Di3 rector of the National Institute of Mental

4 Health and the Director of the Center for Men5 tal Health Services.

6 ‘‘(d) REPORT.—

7 ‘‘(1) INTERIM REPORT.—Not later than 10

8 months after the date of enactment of this section,

9 the Commission shall prepare and submit to Con10 gress a report that describes the progress of the

11 Commission regarding issues described in para12 graphs (2) and (3) of subsection (b) and rec13 ommends the value of developing model State legis14 lation.

15 ‘‘(2) FINAL REPORT.—Not later than 18

16 months after the date of enactment of this section,

17 the Commission shall prepare and submit to the

18 President and Congress a report that describes the

19 findings of the Commission, and the recommenda20 tions and model legislation created by such Commis21 sion.

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

23 is authorized to be appropriated to carry out this section,

24 $1,500,000.’’.
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1 SEC. 4. LAW ENFORCEMENT MENTAL HEALTH GRANT PRO2 GRAMS.

3 (a) IN GENERAL.—Title I of the Omnibus Crime

4 Control and Safe Streets Act of 1968 is amended by in5 serting after part U (42 U.S.C. 3796hh et seq.) the fol6 lowing:

7 ‘‘PART V—MENTAL HEALTH GRANT PROGRAMS

8 ‘‘Subpart 1—Mental Health Court Grant Program

9 ‘‘SEC. 2201. GRANT AUTHORITY.

10 ‘‘(a) PROGRAM AUTHORIZED.—The Attorney General

11 shall make grants to States, State courts, local courts,

12 units of local government, and Indian tribal governments,

13 acting directly or through agreements with other public

14 or nonprofit entities, for up to 125 Mental Health Court

15 grant programs.

16 ‘‘(b) PURPOSE.—Such Mental Health Court grant

17 programs described in subsection (a) shall involve—

18 ‘‘(1) the specialized training of law enforcement

19 and judicial personnel, including prosecutors and

20 public defenders, to identify and address the unique

21 needs of individuals with a mental illness who come

22 in contact with the criminal justice system; and

23 ‘‘(2) the coordination of criminal adjudication,

24 continuing judicial supervision, and the delivery of

25 mental health treatment and related services for pre26 liminarily qualified individuals, including—
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1 ‘‘(A) voluntary outpatient or inpatient

2 mental health treatment, in the least restrictive

3 manner appropriate as determined by the court,

4 that carries with it the possibility of dismissal

5 of charges or reduced sentencing upon success6 ful completion of treatment; and

7 ‘‘(B) centralized case management involv8 ing the consolidation of cases, including viola9 tions of probation, and the coordination of all

10 mental health treatment plans and social serv11 ices, including substance abuse treatment where

12 co-occurring disorders are present, life skills

13 training, housing placement, vocational train14 ing, education, job placement, health care, and

15 relapse prevention for each participant who re16 quires such services.

17 ‘‘(c) CONSTRUCTION.—Nothing in this subpart shall

18 preclude States from implementing a system to divert pre19 liminarily qualified individuals in law enforcement custody

20 for nonviolent or misdemeanor offenses out of the criminal

21 justice system and into appropriate treatment programs.

22 ‘‘SEC. 2202. DEFINITION.

23 ‘‘In this subpart, subject to the requirements of sec24 tion 2204(b)(8), the term, ‘preliminarily qualified indi25 vidual’ means a person in law enforcement custody who—
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•S 2639 IS

1 ‘‘(1)(A) previously or currently has been diag2 nosed by a qualified mental health professional as

3 having a mental illness, mental retardation, or a co4 occurring mental illness and substance abuse dis5 order; or

6 ‘‘(B) manifests obvious signs of having a men7 tal illness, mental retardation, or a co-occurring

8 mental illness and substance abuse disorder during

9 arrest or confinement or before any court; and

10 ‘‘(2) is deemed eligible by a designated judge.

11 ‘‘SEC. 2203. ADMINISTRATION.

12 ‘‘(a) CONSULTATION.—The Attorney General shall

13 consult with the Secretary and any other appropriate offi14 cials in carrying out this subpart.

15 ‘‘(b) USE OF COMPONENTS.—The Attorney General

16 may utilize any component or components of the Depart17 ment of Justice in carrying out this subpart.

18 ‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen19 eral shall issue regulations and guidelines necessary to

20 carry out this subpart which shall include the methodolo21 gies and outcome measures proposed for evaluating each

22 applicant program.

23 ‘‘SEC. 2204. APPLICATIONS.

24 ‘‘(a) IN GENERAL.—To request funds under this sub25 part, the chief executive of a State, a unit of local govern-
48

•S 2639 IS

1 ment, or an Indian tribal government shall submit an ap2 plication to the Attorney General in such form and con3 taining such information as the Attorney General may rea4 sonably require.

5 ‘‘(b) CONTENTS.—In addition to any other require6 ment the Attorney General may specify under subsection

7 (a), an application for a grant under this subpart shall—

8 ‘‘(1) identify related governmental or commu9 nity initiatives which complement or will be coordi10 nated with the proposal;

11 ‘‘(2) include a plan for the coordination of men12 tal health treatment and social service programs for

13 individuals needing such services, including life skills

14 training, such as housing placement, vocational

15 training, education, job placement, health care, re16 lapse prevention, and substance abuse treatment

17 where co-occurring disorders are present;

18 ‘‘(3) contain an assurance that—

19 ‘‘(A) there has been appropriate consulta20 tion with all affected mental health and social

21 service agencies and programs in the develop22 ment of the plan and that there will be suffi23 cient ongoing coordination with the affected

24 agencies and programs during implementation
49

•S 2639 IS

1 to ensure that they will have adequate capacity

2 to provide the services;

3 ‘‘(B) the Mental Health Court program

4 will provide continuing supervision of treatment

5 plan compliance for a term not to exceed the

6 maximum allowable sentence or probation for

7 the charged or relevant offense and continuity

8 of psychiatric care at the end of the supervised

9 period;

10 ‘‘(C) individuals referred to a Mental

11 Health Court will receive a full mental health

12 evaluation by a qualified professional;

13 ‘‘(D) the Federal support provided will be

14 used to supplement, and not supplant, State,

15 Indian tribal, and local sources of funding that

16 would otherwise be available; and

17 ‘‘(E) the program will be evaluated no less

18 than once every 12 months using the method19 ology and outcome measures identified in the

20 grant application;

21 ‘‘(4) include a long-term strategy and detailed

22 implementation plan;

23 ‘‘(5) explain the applicant’s inability to fund the

24 program adequately without Federal assistance;
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1 ‘‘(6) specify plans for obtaining necessary sup2 port and continuing the proposed program following

3 the conclusion of Federal support;

4 ‘‘(7) describe the methodology and outcome

5 measures that will be used in evaluating the pro6 gram; and

7 ‘‘(8) identify plans to ensure that individuals

8 charged with serious violent felonies, including mur9 der, rape, crimes involving the use of a firearm or

10 explosive device, and any other crimes identified by

11 the applicant, will not be referred to the Mental

12 Health Court.

13 ‘‘SEC. 2205. FEDERAL SHARE.

14 ‘‘The Federal share of a grant made under this sub15 part may not exceed 75 percent of the total costs of the

16 program described in the application submitted under sec17 tion 2204 for the fiscal year for which the program re18 ceives assistance under this subpart, unless the Attorney

19 General waives, wholly or in part, the requirement of a

20 matching contribution under this section. The use of the

21 Federal share of a grant made under this subpart shall

22 be limited to new expenses necessitated by the proposed

23 program, including the development of treatment services

24 and the hiring and training of personnel. In-kind contribu-
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•S 2639 IS

1 tions may constitute a portion of the non-Federal share

2 of a grant.

3 ‘‘SEC. 2206. GEOGRAPHIC DISTRIBUTION.

4 ‘‘The Attorney General shall ensure that, to the ex5 tent practicable, an equitable geographic distribution of

6 grant awards is made that considers the special needs of

7 rural communities, Indian tribes, and Alaska Natives.

8 ‘‘SEC. 2207. REPORT.

9 ‘‘A State, State court, local court, unit of local gov10 ernment, or Indian tribal government that receives funds

11 under this subpart during a fiscal year shall submit to

12 the Attorney General a report in March of the following

13 year regarding the effectiveness of this subpart.

14 ‘‘Subpart 2—Mental Health Screening and Treatment

15 Grant Program in Jails and Prisons

16 ‘‘SEC. 2221. GRANT AUTHORITY.

17 ‘‘The Attorney General shall carry out a pilot pro18 gram under which the Attorney General shall make a

19 grant to 10 States selected by the Attorney General for

20 use in accordance with this subpart.

21 ‘‘SEC. 2222. USE OF GRANT AMOUNTS.

22 ‘‘Amounts made available under a grant awarded

23 under this subpart—

24 ‘‘(1) shall be used for mental health screening,

25 evaluation, and treatment of individuals detained or
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1 incarcerated in State and local correctional institu2 tions; and

3 ‘‘(2) may be used to incorporate mental health

4 screening and treatment into the State and local

5 probation and parole systems.

6 ‘‘SEC. 2223. MINIMUM GRANT AMOUNT.

7 ‘‘The amount of a grant awarded to a State under

8 this subpart for any fiscal year shall not be less than 2.5

9 percent of the total amount made available to carry out

10 this subpart for that fiscal year.

11 ‘‘SEC. 2224. STATE AND LOCAL ALLOCATION.

12 ‘‘Of the amount made available under a grant award13 ed to a State under this subpart—

14 ‘‘(1) 25 percent shall be used by the State in

15 accordance with section 2222; and

16 ‘‘(2) 75 percent shall be distributed to units of

17 local government within the State for use in accord18 ance with section 2222.

19 ‘‘SEC. 2225. REPORT.

20 ‘‘A State that receives funds under this subpart dur21 ing a fiscal year shall submit to the Attorney General a

22 report in March of the following year regarding the effec23 tiveness of this subpart.
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1 Subpart 3—Law Enforcement Mental Health

2 Training Grant Program

3 ‘‘SEC. 2231. GRANT AUTHORITY.

4 ‘‘The Attorney General shall make grants to States,

5 which shall be used to train State and local law enforce6 ment officers—

7 ‘‘(1) to identify and respond effectively to indi8 viduals with a mental illness who come into contact

9 with the criminal justice system; and

10 ‘‘(2) regarding the mental health treatment re11 sources available in the community for individuals

12 with a mental illness who come into contact with the

13 criminal justice system.’’.

14 (b) TECHNICAL AMENDMENT.—The table of contents

15 of title I of the Omnibus Crime Control and Safe Streets

16 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by in17 serting after the item relating to part U the following:

‘‘PART V—MENTAL HEALTH COURTS

‘‘Subpart 1—Mental Health Court Grant Program

‘‘Sec. 2201. Grant authority.

‘‘Sec. 2202. Definition.

‘‘Sec. 2203. Administration.

‘‘Sec. 2204. Applications.

‘‘Subpart 2—Mental Health Screening and Treatment Grant Program in

Jails and Prisons

‘‘Sec. 2221. Grant authority.

‘‘Sec. 2222. Use of grant amounts.

‘‘Sec. 2223. Minimum grant amount.

‘‘Sec. 2224. State and local allocation.

‘‘Subpart 3—Law Enforcement Mental Health Training Grant Program

‘‘Sec. 2231. Grant authority.’’.
54

•S 2639 IS

1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of the Omnibus Crime Control and Safe Streets

3 Act of 1968 (42 U.S.C. 3793(a)) is amended by inserting

4 after paragraph (19) the following:

5 ‘‘(20) There are authorized to be appropriated—

6 ‘‘(A) to carry out subpart 1 of part V,

7 $10,000,000 for fiscal year 2001 and such

8 sums as may be necessary for each of fiscal

9 years 2002 through 2005;

10 ‘‘(B) to carry out subpart 2 of part V,

11 $50,000,000 for fiscal year 2001 and such

12 sums as may be necessary for each of fiscal

13 years 2002 through 2005; and

14 ‘‘(C) to carry out subpart 3 of part V,

15 $50,000,000 for fiscal year 2001 and such

16 sums as may be necessary for each fiscal years

17 2002 through 2005.’’.

Æ