II 113th CONGRESS 1st Session S. 265 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. Short title This Act may be cited as the Community-Based Mental Health Infrastructure Improvements Act . 2. Community-based mental health infrastructure improvement Title V of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: H Community-based mental health infrastructure improvements 560. Grants for community-based mental health infrastructure improvements (a) Grants authorized The Secretary may award grants to eligible entities to expend funds for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals. (b) Eligible entity In this section, the term eligible entity means— (1) a State that is the recipient of a Community Mental Health Services Block Grant under subpart I of part B of title XIX and a Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; or (2) an Indian tribe or a tribal organization (as such terms are defined in sections 4(b) and 4(c) of the Indian Self-Determination and Education Assistance Act). (c) Application An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing— (1) a plan for the construction or modernization of facilities used to provide mental health and substance abuse services to individuals that— (A) designates a single State or tribal agency as the sole agency for the supervision and administration of the grant; (B) contains satisfactory evidence that such agency so designated will have the authority to carry out the plan; (C) provides for the designation of an advisory council, which shall include representatives of nongovernmental organizations or groups, and of the relevant State or tribal agencies, that aided in the development of the plan and that will implement and monitor any grant awarded to the eligible entity under this section; (D) in the case of an eligible entity that is a State, includes a copy of the State plan under section 1912(b) and section 1932(b); (E) (i) includes a listing of the projects to be funded by the grant; and (ii) in the case of an eligible entity that is a State, explains how each listed project helps the State in accomplishing its goals and objectives under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part; (F) includes assurances that the facilities will be used for a period of not less than 10 years for the provision of community-based mental health or substance abuse services for those who cannot pay for such services, subject to subsection (e); and (G) in the case of a facility that is not a public facility, includes the name and executive director of the entity who will provide services in the facility; and (2) with respect to each construction or modernization project described in the application— (A) a description of the site for the project; (B) plans and specifications for the project and State or tribal approval for the plans and specifications; (C) assurance that the title for the site is or will be vested with either the public entity or private nonprofit entity who will provide the services in the facility; (D) assurance that adequate financial resources will be available for the construction or major rehabilitation of the project and for the maintenance and operation of the facility; (E) estimates of the cost of the project; and (F) the estimated length of time for completion of the project. (d) Subgrants by States (1) In general A State that receives a grant under this section may award a subgrant to a qualified community program (as such term is used in section 1913(b)(1)). (2) Use of funds Subgrants awarded pursuant to paragraph (1) may be used for activities such as— (A) the construction, expansion, and modernization of facilities used to provide mental health and substance abuse services to individuals; (B) acquiring and leasing facilities and equipment (including paying the costs of amortizing the principal of, and paying the interest on, loans for such facilities and equipment) to support or further the operation of the subgrantee; (C) the construction and structural modification (including equipment acquisition) of facilities to permit the integrated delivery of behavioral health and primary care of specialty medical services to individuals with co-occurring mental illnesses and chronic medical or surgical diseases at a single service site; and (D) acquiring information technology required to accommodate the clinical needs of primary and specialty care professionals. (3) Limitation Not to exceed 15 percent of grant funds may be used for activities described in paragraph (2)(D). (e) Request To transfer obligation An eligible entity that receives a grant under this section may submit a request to the Secretary for permission to transfer the 10-year obligation of facility use, as described in subsection (c)(1)(F), to another facility. (f) Agreement to Federal share As a condition of receipt of a grant under this section, an eligible entity shall agree, with respect to the costs to be incurred by the entity in carrying out the activities for which such grant is awarded, that the entity will make available non-Federal contributions (which may include State or local funds, or funds from the qualified community program) in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. (g) Reporting (1) Reporting by States During the 10-year period referred to in subsection (c)(1)(F), the Secretary shall require that a State that receives a grant under this section submit, as part of the report of the State required under the Community Mental Health Services Block Grant under subpart I of part B of title XIX and the Substance Abuse Prevention and Treatment Block Grant under subpart II of such part, a description of the progress on— (A) the projects carried out pursuant to the grant under this section; and (B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during such 10-year period. (2) Reporting by Indian tribes and tribal organizations The Secretary shall establish reporting requirements for Indian tribes and tribal organizations that receive a grant under this section. Such reporting requirements shall include that such Indian tribe or tribal organization provide a description of the progress on— (A) the projects carried out pursuant to the grant under this section; and (B) the assurances that the facilities involved continue to be used for the purpose for which they were funded under such grant during the 10-year period referred to in subsection (c)(1)(F). (h) Failure To meet obligations (1) In general If an eligible entity that receives a grant under this section fails to meet any of the obligations of the entity required under this section, the Secretary shall take appropriate steps, which may include— (A) requiring that the entity return the unused portion of the funds awarded under this section for the projects that are incomplete; and (B) extending the length of time that the entity must ensure that the facility involved is used for the purposes for which it is intended, as described in subsection (c)(1)(F). (2) Hearing Prior to requesting the return of the funds under paragraph (1)(B), the Secretary shall provide the entity notice and opportunity for a hearing. (i) Collaboration The Secretary may establish intergovernmental and interdepartmental memorandums of agreement as necessary to carry out this section. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. .