II 

113TH CONGRESS 

1ST SESSION S. 265 

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

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2013 

Mr. REED (for himself and Ms. STABENOW) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Public Health Service Act to provide grants 

for community-based mental health infrastructure improvement. 

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 ‘‘Community-Based 

5 Mental Health Infrastructure Improvements Act’’. 


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1 SEC. 2. COMMUNITY-BASED MENTAL HEALTH INFRASTRUC2 TURE IMPROVEMENT. 

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

4 280g et seq.) is amended by adding at the end the fol5 lowing: 

6 ‘‘PART H—COMMUNITY-BASED MENTAL HEALTH 

7 INFRASTRUCTURE IMPROVEMENTS 

8 ‘‘SEC. 560. GRANTS FOR COMMUNITY-BASED MENTAL 

9 HEALTH INFRASTRUCTURE IMPROVEMENTS. 

10 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 

11 award grants to eligible entities to expend funds for the 

12 construction or modernization of facilities used to provide 

13 mental health and substance abuse services to individuals. 

14 ‘‘(b) ELIGIBLE ENTITY.—In this section, the term 

15 ‘eligible entity’ means— 

16 ‘‘(1) a State that is the recipient of a Commu17 nity Mental Health Services Block Grant under sub18 part I of part B of title XIX and a Substance Abuse 

19 Prevention and Treatment Block Grant under sub20 part II of such part; or 

21 ‘‘(2) an Indian tribe or a tribal organization (as 

22 such terms are defined in sections 4(b) and 4(c) of 

23 the Indian Self-Determination and Education Assist24 ance Act). 

25 ‘‘(c) APPLICATION.—An eligible entity desiring a 

26 grant under this section shall submit to the Secretary an 


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1 application at such time, in such manner, and con2 taining— 

3 ‘‘(1) a plan for the construction or moderniza4 tion of facilities used to provide mental health and 

5 substance abuse services to individuals that— 

6 ‘‘(A) designates a single State or tribal 

7 agency as the sole agency for the supervision 

8 and administration of the grant; 

9 ‘‘(B) contains satisfactory evidence that 

10 such agency so designated will have the author11 ity to carry out the plan; 

12 ‘‘(C) provides for the designation of an ad13 visory council, which shall include representa14 tives of nongovernmental organizations or 

15 groups, and of the relevant State or tribal agen16 cies, that aided in the development of the plan 

17 and that will implement and monitor any grant 

18 awarded to the eligible entity under this section; 

19 ‘‘(D) in the case of an eligible entity that 

20 is a State, includes a copy of the State plan 

21 under section 1912(b) and section 1932(b); 

22 ‘‘(E)(i) includes a listing of the projects to 

23 be funded by the grant; and 

24 ‘‘(ii) in the case of an eligible entity that 

25 is a State, explains how each listed project 


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1 helps the State in accomplishing its goals and 

2 objectives under the Community Mental Health 

3 Services Block Grant under subpart I of part B 

4 of title XIX and the Substance Abuse Preven5 tion and Treatment Block Grant under subpart 

6 II of such part; 

7 ‘‘(F) includes assurances that the facilities 

8 will be used for a period of not less than 10 

9 years for the provision of community-based 

10 mental health or substance abuse services for 

11 those who cannot pay for such services, subject 

12 to subsection (e); and 

13 ‘‘(G) in the case of a facility that is not a 

14 public facility, includes the name and executive 

15 director of the entity who will provide services 

16 in the facility; and 

17 ‘‘(2) with respect to each construction or mod18 ernization project described in the application— 

19 ‘‘(A) a description of the site for the 

20 project; 

21 ‘‘(B) plans and specifications for the 

22 project and State or tribal approval for the 

23 plans and specifications; 

24 ‘‘(C) assurance that the title for the site is 

25 or will be vested with either the public entity or 


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1 private nonprofit entity who will provide the 

2 services in the facility; 

3 ‘‘(D) assurance that adequate financial re4 sources will be available for the construction or 

5 major rehabilitation of the project and for the 

6 maintenance and operation of the facility; 

7 ‘‘(E) estimates of the cost of the project; 

8 and 

9 ‘‘(F) the estimated length of time for com10 pletion of the project. 

11 ‘‘(d) SUBGRANTS BY STATES.— 

12 ‘‘(1) IN GENERAL.—A State that receives a 

13 grant under this section may award a subgrant to 

14 a qualified community program (as such term is 

15 used in section 1913(b)(1)). 

16 ‘‘(2) USE OF FUNDS.—Subgrants awarded pur17 suant to paragraph (1) may be used for activities 

18 such as— 

19 ‘‘(A) the construction, expansion, and mod20 ernization of facilities used to provide mental 

21 health and substance abuse services to individ22 uals; 

23 ‘‘(B) acquiring and leasing facilities and 

24 equipment (including paying the costs of amor25 tizing the principal of, and paying the interest 


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1 on, loans for such facilities and equipment) to 

2 support or further the operation of the sub3 grantee; 

4 ‘‘(C) the construction and structural modi5 fication (including equipment acquisition) of fa6 cilities to permit the integrated delivery of be7 havioral health and primary care of specialty 

8 medical services to individuals with co-occurring 

9 mental illnesses and chronic medical or surgical 

10 diseases at a single service site; and 

11 ‘‘(D) acquiring information technology re12 quired to accommodate the clinical needs of pri13 mary and specialty care professionals. 

14 ‘‘(3) LIMITATION.—Not to exceed 15 percent of 

15 grant funds may be used for activities described in 

16 paragraph (2)(D). 

17 ‘‘(e) REQUEST TO TRANSFER OBLIGATION.—An eli18 gible entity that receives a grant under this section may 

19 submit a request to the Secretary for permission to trans20 fer the 10-year obligation of facility use, as described in 

21 subsection (c)(1)(F), to another facility. 

22 ‘‘(f) AGREEMENT TO FEDERAL SHARE.—As a condi23 tion of receipt of a grant under this section, an eligible 

24 entity shall agree, with respect to the costs to be incurred 

25 by the entity in carrying out the activities for which such 


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1 grant is awarded, that the entity will make available non2 Federal contributions (which may include State or local 

3 funds, or funds from the qualified community program) 

4 in an amount equal to not less than $1 for every $1 of 

5 Federal funds provided under the grant. 

6 ‘‘(g) REPORTING.— 

7 ‘‘(1) REPORTING BY STATES.—During the 10- 

8 year period referred to in subsection (c)(1)(F), the 

9 Secretary shall require that a State that receives a 

10 grant under this section submit, as part of the re11 port of the State required under the Community 

12 Mental Health Services Block Grant under subpart 

13 I of part B of title XIX and the Substance Abuse 

14 Prevention and Treatment Block Grant under sub15 part II of such part, a description of the progress 

16 on— 

17 ‘‘(A) the projects carried out pursuant to 

18 the grant under this section; and 

19 ‘‘(B) the assurances that the facilities in20 volved continue to be used for the purpose for 

21 which they were funded under such grant dur22 ing such 10-year period. 

23 ‘‘(2) REPORTING BY INDIAN TRIBES AND TRIB24 AL ORGANIZATIONS.—The Secretary shall establish 

25 reporting requirements for Indian tribes and tribal 


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1 organizations that receive a grant under this section. 

2 Such reporting requirements shall include that such 

3 Indian tribe or tribal organization provide a descrip4 tion of the progress on— 

5 ‘‘(A) the projects carried out pursuant to 

6 the grant under this section; and 

7 ‘‘(B) the assurances that the facilities in8 volved continue to be used for the purpose for 

9 which they were funded under such grant dur10 ing the 10-year period referred to in subsection 

11 (c)(1)(F). 

12 ‘‘(h) FAILURE TO MEET OBLIGATIONS.— 

13 ‘‘(1) IN GENERAL.—If an eligible entity that re14 ceives a grant under this section fails to meet any 

15 of the obligations of the entity required under this 

16 section, the Secretary shall take appropriate steps, 

17 which may include— 

18 ‘‘(A) requiring that the entity return the 

19 unused portion of the funds awarded under this 

20 section for the projects that are incomplete; and 

21 ‘‘(B) extending the length of time that the 

22 entity must ensure that the facility involved is 

23 used for the purposes for which it is intended, 

24 as described in subsection (c)(1)(F). 


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1 ‘‘(2) HEARING.—Prior to requesting the return 

2 of the funds under paragraph (1)(B), the Secretary 

3 shall provide the entity notice and opportunity for a 

4 hearing. 

5 ‘‘(i) COLLABORATION.—The Secretary may establish 

6 intergovernmental and interdepartmental memorandums 

7 of agreement as necessary to carry out this section. 

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

9 is authorized to be appropriated to carry out this section 

10 such sums as may be necessary for each of fiscal years 

11 2014 through 2018.’’. 

Æ 


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