I
107TH CONGRESS
1ST SESSION
H. R. 3413
To amend the Public Health Service Act to establish a program of grants
to States and political subdivisions of States for the provision of mental
health services in response to public health emergencies, including disas-
ters resulting from terrorism, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 5, 2001
Mr. KENNEDY of Rhode Island (for himself and Mrs. ROUKEMA) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
A BILL
To amend the Public Health Service Act to establish a pro-
gram of grants to States and political subdivisions of
States for the provision of mental health services in
response to public health emergencies, including disasters
resulting from terrorism, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Extended Disaster
Mental Health Services Act of 2001’’.
TITLE I—MENTAL HEALTH SERV-
ICES PURSUANT TO PUBLIC
HEALTH EMERGENCIES
SEC. 101. GRANTS TO STATES AND POLITICAL SUBDIVI-
SIONS FOR MENTAL HEALTH SERVICES AS
RESPONSE 
TO 
PUBLIC 
HEALTH 
EMER-
GENCIES.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.) is amended by
adding at the end the following section:
‘‘SEC. 520K. GRANTS TO STATES AND POLITICAL SUBDIVI-
SIONS FOR MENTAL HEALTH SERVICES AS
RESPONSE 
TO 
PUBLIC 
HEALTH 
EMER-
GENCIES.
‘‘(a) IN GENERAL.—The Secretary, acting through
the Director of the Center for Mental Health Services,
may make grants to States and political subdivisions of
States for the purpose of providing the mental health serv-
ices described in subsection (b) in response to public
health emergencies, including diseases or disorders that
present such emergencies, natural disasters, major trans-
portation accidents, technological disasters, and disasters
resulting from terrorism.
‘‘(b) SERVICES.—The mental health services referred
to in subsection (a) with respect to a public health emer-
gency are the following:
‘‘(1) Crisis counseling in the aftermath of such
emergency.
‘‘(2) In the case of children, adolescents, and
adults at risk of developing mental health disorders
as a result of such emergency—
‘‘(A) outreach and screening programs to
identify such individuals; and
‘‘(B) early intervention services, including
counseling.
‘‘(3) Mental health services beyond such crisis
counseling (referred to in this section as ‘extended
therapeutic services’) that—
‘‘(A) are provided to individuals with diag-
nosed mental health disorders resulting from or
exacerbated by the emergency, including dis-
aster survivors, family members of victims, first
responders, and others with such disorders; and
‘‘(B) are provided by mental health profes-
sionals who are licensed or otherwise regulated
by a State agency.
‘‘(4) Assessments of the need for extended
therapeutic services.
‘‘(5) Casefinding and other outreach services to
inform the public of the availability of crisis coun-
seling and extended therapeutic services.
‘‘(c) RELATION TO OTHER SOURCES OF FUNDING.—
A condition for the receipt of a grant under subsection
(a) is that the applicant involved agree as follows:
‘‘(1) With respect to activities for which the
grant is authorized to be expended, the applicant
will maintain expenditures of non-Federal amounts
for such activities at a level that is not less than the
level of such expenditures maintained by the appli-
cant for the fiscal year preceding the first fiscal year
for which the applicant receives such a grant.
‘‘(2) The grant will not be expended to make
payment for the provision of extended therapeutic
services for an individual to the extent that payment
has been made, or can reasonably be expected to be
made, for the services—
‘‘(A) under a State compensation program,
under an insurance policy, or under a Federal
or State health benefits program; or
‘‘(B) by an entity that provides health
services on a prepaid basis.
‘‘(3) The grant will not be expended to make
payment for the provision of mental health services
to the extent that such services are available pursu-
ant to responses to the public health emergency in-
volved by the Federal Emergency Management
Agency, or by other Federal or State agencies or
programs that provide for emergency medical serv-
ices.
‘‘(d) STATEWIDE
MENTAL
HEALTH
DISASTER
PLAN.—
‘‘(1) IN GENERAL.—For fiscal year 2003 or any
subsequent fiscal year, a condition for the receipt of
a grant under subsection (a) by a State or a political
subdivision is that, in accordance with criteria estab-
lished by the Secretary, the State has developed a
statewide plan for the provision of mental health
services in response to public health emergencies.
The preceding sentence applies without regard to
whether the State receives a grant under section
520L.
‘‘(2) CERTAIN CRITERIA OF SECRETARY.—The
criteria of the Secretary under paragraph (1) shall
include criteria for coordinating the program under
this section with programs of the Federal Emer-
gency Management Agency and with other Federal
or State programs regarding the provision of emer-
gency medical services, including mental health serv-
ices.
‘‘(e) ADMINISTRATION OF GRANT THROUGH STATE
AND LOCAL MENTAL HEALTH AGENCIES.—A condition
for the receipt of a grant under subsection (a) is that the
applicant involved agree that the grant and activities
under the grant will be administered through the agency
of the State or political subdivision (as the case may be)
that has the principal responsibility for carrying out men-
tal health programs.
‘‘(f) CERTAIN REQUIREMENTS.—With respect to an
application that, pursuant to section 501(l), is submitted
to the Secretary for a grant under subsection (a), the Sec-
retary may make the grant only if the application
contains—
‘‘(1) a description of the purposes for which the
applicant intends to expend the grant;
‘‘(2) an assurance that the activities to be car-
ried out under the grant are consistent with the
State plan referred to in subsection (d)(1), as appli-
cable, together with a description of the manner in
which the grant activities will be coordinated with
the State plan;
‘‘(3) an assurance that the applicant will co-
ordinate activities under the grant with other public
or private providers of mental health services, to-
gether with a description of the manner in which the
grant activities will be so coordinated; and
‘‘(4) in the case of an application from a polit-
ical subdivision, an assurance that the application
was developed in consultation with the State agency
referred to in subsection (e).
‘‘(g) DURATION
OF GRANT.—The period during
which payments are made to an applicant from a grant
under subsection (a) may not exceed three years. The pro-
vision of such payments are subject to annual approval
by the Secretary of the payments and to the availability
of appropriations for the fiscal year involved to make the
payments. This subsection may not be construed as estab-
lishing a limitation on the number of grants under such
subsection that may be made to an applicant.
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary may,
directly or through grants or contracts, provide technical
assistance to grantees under subsection (a) in carrying out
the purpose described in such subsection.
‘‘(i) FUNDING.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
For the purpose of carrying out this section, there
are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 2002
through 2006.
‘‘(2) ALLOCATION.—Of the amounts appro-
priated under paragraph (1) for a fiscal year, the
Secretary may obligate not more than 7 percent for
the administrative expenses of the Secretary in car-
rying out this section.’’.
TITLE II—STATEWIDE MENTAL
HEALTH DISASTER PLANS
SEC. 201. GRANTS TO STATES FOR STATEWIDE MENTAL
HEALTH DISASTER PLANS.
Subpart 3 of part B of title V of the Public Health
Service Act, as amended by section 101 of this Act, is
amended by adding at the end the following section:
‘‘SEC. 520L. GRANTS TO STATES FOR STATEWIDE MENTAL
HEALTH DISASTER PLANS.
‘‘(a) IN GENERAL.—The Secretary, acting through
the Director of the Center for Mental Health Services,
may make grants to States for the purpose of—
‘‘(1) developing, and periodically reviewing and
as appropriate revising, statewide plans for pro-
viding mental health services in response to public
health emergencies (including emergencies referred
to section 520K(a));
‘‘(2) training personnel to implement such plan
effectively; and
‘‘(3) carrying out other activities determined
appropriate by the Secretary to prepare for the pro-
vision of mental health services in response to such
emergencies.
‘‘(b) CERTAIN REQUIREMENTS.—A condition for the
receipt of a grant under subsection (a) is that the State
involved agree that the statewide plan under such sub-
section will with respect to public health emergencies in-
clude provisions for each of the following:
‘‘(1) Providing the mental health services de-
scribed in section 520K (relating to crisis coun-
seling, outreach and screening programs, early inter-
vention services, extended therapeutic services, needs
assessments, and casefinding and other outreach
services), taking into account the need for increased
capacity to provide services pursuant to such emer-
gencies.
‘‘(2) As necessary, carrying out paragraph (1)
with respect to special populations such as children,
the elderly, individuals with disabilities, and individ-
uals with pre-existing mental health disorders.
‘‘(3) Coordinating the provision of mental
health services with appropriate public and private
providers of emergency medical services and with
Federal, State, and local programs that provide
funding for such services.
‘‘(4) Coordinating with local educational agen-
cies.
‘‘(5) Providing information and education to
the public during public health emergencies.
‘‘(6) Providing, at times other than public
health emergencies, information and education to
the public regarding the statewide plan.
‘‘(7) Designation of the State official who will
have the principal responsibility for administering
such plan, including the initial implementation of
the plan.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there is authorized
to be appropriated $25,000,000 for each of the fiscal years
2002 through 2006.’’.