Preventing Mental Health and Substance Use Crises During Emergencies Act
Bill: S.708 | Sponsor: Sen. Kelly, Mark (D-AZ)
Policy area: Health

Summary:
Preventing Mental Health and Substance Use Crises During Emergencies Act
This bill establishes a task force and requires a strategy to address mental health and substance use issues during public health emergencies.
The Department of Health and Human Services must convene the task force to assess the federal response to such issues during and after the COVID-19 (i.e., coronavirus disease 2019) emergency.
In addition, the Substance Abuse and Mental Health Services Administration must develop and annually update the strategy. The task force's work must inform the strategy.

To direct the Secretary of Health and Human Services to convene a task 
force to advise the Assistant Secretary for Mental Health and Substance 
 Use on a national strategy for preventing mental health and substance 
  use crises during a public health emergency, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Mental Health and 
Substance Use Crises During Emergencies Act''.

SEC. 2. FINDINGS.

    (a) Findings.--Congress finds the following:
            (1) The United States invests annually in the public mental 
        health of people of the United States.
            (2) Congress appropriated $3,600,000,000 in fiscal year 
        2020 to the Substance Abuse and Mental Health Services 
        Administration.
            (3) Funds are also appropriated to address mental health 
        and substance use in targeted populations through the 
        Department of Veterans Affairs, the Department of the Interior, 
        and the National Institute of Mental Health.
            (4) On January 31, 2020, the Secretary of Health and Human 
        Services declared a public health emergency due to the spread 
        of COVID-19, and extended such declaration, most recently, on 
        October 2, 2020.
            (5) As of August 1, 2020, Congress provided an additional 
        $725,000,000 in supplemental funding to augment mental health 
        and substance use services during the COVID-19 pandemic.
            (6) Such supplemental funding included $425,000,000 to the 
        Substance Abuse and Mental Health Services Administration, of 
        which--
                    (A) $110,000,000 was allocated for emergency grants 
                for behavioral health services;
                    (B) $250,000,000 was allocated for the Certified 
                Community Behavioral Health Centers program; and
                    (C) $50,000,000 was allocated for suicide 
                prevention.
            (7) The COVID-19 pandemic has exacerbated concerns about 
        the mental health and well-being of the people of the United 
        States.
            (8) A third of people in the United States are feeling 
        severe anxiety, according to Census Bureau data, and nearly a 
        quarter show signs of depression.
            (9) A recent poll by the Kaiser Family Foundation found 
        that the pandemic had negatively affected the mental health of 
        56 percent of adults.
            (10) In April, texts to a Federal emergency mental-health 
        line were up 1,000 percent from the year before.
            (11) The situation is particularly dire for certain 
        vulnerable groups that face a significant risk of post-
        traumatic stress disorder, including--
                    (A) health care workers;
                    (B) COVID-19 patients with severe cases; and
                    (C) individuals who have lost loved ones.
            (12) In overburdened intensive-care units, delirious 
        patients are seeing chilling hallucinations.
            (13) At least 2 overwhelmed emergency medical workers have 
        died by suicide since the beginning of the COVID-19 pandemic.
            (14) The public mental health crisis will continue after 
        the COVID-19 pandemic subsides.
    (b) Statement of Policy.--It is the policy of the United States to 
protect the health and safety of all people of the United States during 
public health emergencies and to proactively lead public health efforts 
to advance the mental health of the Nation.

SEC. 3. TASK FORCE TO PREVENT MENTAL HEALTH AND SUBSTANCE USE CRISES.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall convene a task 
force known as the Task Force to Prevent Mental Health and Substance 
Use Crises (referred to in this section as the ``Task Force'') to--
            (1) assess the response of the Federal Government with 
        respect to mental health and substance use during and after the 
        spread of COVID-19; and
            (2) advise the Assistant Secretary for Mental Health and 
        Substance Use on a national strategy for preventing mental 
        health and substance use crises during a public health 
        emergency.
    (b) Assessment.--In carrying out subsection (a), the Task Force 
shall assess--
            (1) the efficacy, outcomes, and cost of each Federal 
        initiative taken during the spread of COVID-19 to support 
        mental health and address substance use, including an 
        identification of--
                    (A) any initiative that was not successful; and
                    (B) best practices and strategies;
            (2) the ability of Federal agencies to coordinate mental 
        health programs and services and allocate resources to respond 
        to a public health emergency;
            (3) the ability of Federal agencies to use technology 
        developed through the Small Business Innovation Research 
        Program established under section 9 of the Small Business Act 
        (15 U.S.C. 638) to respond to a public health emergency;
            (4) the ability of Federal, State, and local agencies to 
        coordinate with other government agencies, nonprofit 
        organizations, and entities in the private sector during a 
        public health emergency;
            (5) any needed improvements to coordination described in 
        paragraphs (2) and (4);
            (6) a review of research programs of the Federal agencies 
        listed in subsection (c)(3) with respect to mental health and 
        substance use during a public health emergency; and
            (7) a review of the amount of funds used by such Federal 
        agencies to support mental health and address substance use 
        during a public health emergency.
    (c) Membership.--
            (1) Chair.--Not later than 60 days after the date of 
        enactment of this section, the Secretary shall appoint an 
        individual to serve as the Chair of the Task Force.
            (2) Composition.--The Task Force shall be composed of--
                    (A) representatives of Federal agencies, including 
                the agencies listed in paragraph (3);
                    (B) representatives of nongovernmental 
                organizations;
                    (C) patient advocates; and
                    (D) State and local public health experts who 
                specialize in mental health and substance use.
            (3) Federal agencies.--The agencies represented under 
        paragraph (2)(A) shall, at a minimum, include the following:
                    (A) The Centers for Disease Control and Prevention.
                    (B) The National Institute of Mental Health.
                    (C) The National Institutes of Health.
                    (D) The National Institute on Drug Abuse.
                    (E) The Food and Drug Administration.
                    (F) The Health Resources and Services 
                Administration.
                    (G) The Substance Abuse and Mental Health Services 
                Administration.
                    (H) The Agency for Healthcare Research and Quality.
                    (I) The Administration for Children and Families.
                    (J) The Centers for Medicare & Medicaid Services.
                    (K) The Department of the Interior.
                    (L) The Department of Veterans Affairs.
                    (M) The Department of Education.
                    (N) The Department of Defense.
                    (O) The Department of Justice.
                    (P) The Department of Housing and Urban 
                Development.
                    (Q) The Administration for Community Living.
                    (R) The Indian Health Service.
                    (S) The Department of Labor.
    (d) Meetings.--Not later than 180 days after the date of enactment 
of this section, the Secretary shall convene a meeting of the Task 
Force and shall convene subsequent meetings on a periodic basis.
    (e) Submissions to Congress.--
            (1) Progress report.--Not later than one year after the 
        date of enactment of this section, the Task Force shall submit 
        to the appropriate congressional committees a report on the 
        progress of the Task Force in carrying out subsection (a).
            (2) Final report.--Not later than 2 years after the date of 
        enactment of this section, and annually thereafter, the Task 
        Force shall submit to the appropriate congressional committees 
        a report on the activities of the Task Force in carrying out 
        subsection (a), including--
                    (A) the results of the assessment under subsection 
                (b); and
                    (B) any findings, conclusions, and recommendations.
    (f) Disposition of Records.--Upon dissolution of the Task Force, 
the records of the Task Force shall become records of the Assistant 
Secretary for Mental Health and Substance Use.
    (g) Public Health Emergency Defined.--In this section, the term 
``public health emergency'' means a public health emergency declared 
pursuant to section 319 of the Public Health Service Act (42 U.S.C. 
247d).

SEC. 4. NATIONAL STRATEGY ON MENTAL HEALTH AND SUBSTANCE USE DURING A 
              PUBLIC HEALTH EMERGENCY.

    Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is 
amended--
            (1) by redesignating subsection (q) as subsection (r); and
            (2) by inserting after subsection (p) the following:
    ``(q) National Strategy During Public Health Emergencies.--Not 
later than 30 months after the date of enactment of the Preventing 
Mental Health and Substance Use Crises During Emergencies Act, and 
annually thereafter, the Assistant Secretary shall prepare and submit a 
national strategy to the appropriate congressional committees on 
preventing mental health and substance use crises during a public 
health emergency declared by the Secretary under section 319. Such 
strategy shall be based on the reports submitted to Congress by the 
Task Force to Prevent Mental Health and Substance Use Crises 
established under section 3 of the Preventing Mental Health and 
Substance Use Crises During Emergencies Act and shall include--
            ``(1) advancements in research with respect to mental 
        health and substance use during a public health emergency; and
            ``(2) a plan to increase the ability of Federal agencies to 
        coordinate mental health programs and services and allocate 
        resources to respond to a public health emergency.''.
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