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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Eliminating Kickbacks in Recovery
Act of 2018''.

SEC. 2. CRIMINAL PENALTIES.

(a) In General.--Chapter 11 of title 18, United States Code, is
amended by inserting after section 219 the following:
''Sec. 220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities
''(a) Offense.--Except as provided in subsection (c), it shall be
unlawful to, in or affecting interstate or foreign commerce, knowingly
and willfully--
''(1) solicit or receive any remuneration (including any
kickback, bribe, or rebate) directly or covertly, in cash or in
kind, in return for referring a patient or patronage to a
recovery home or clinical treatment facility;
''(2) being a recovery home or clinical treatment facility,
or an officer or employee of a recovery home or clinical
treatment facility acting in the course of their employment,
pay or offering any remuneration (including any kickback,
bribe, or rebate) directly or covertly, in cash or in kind,
to--
''(A) a person in exchange for the person referring
an individual to that recovery home or clinical
treatment facility; or
''(B) an individual in exchange for that individual
using the services of that recovery home or clinical
treatment facility; or
''(3) being a clinical service provider, or an officer or
employee of a clinical service provider acting in the course of
their employment, pay, solicit, or receive any remuneration
(including any kickback, bribe, or rebate) directly or
covertly, in cash or in kind, to a recovery home or clinical
treatment facility, or to an officer or employee of a recovery
home or clinical treatment facility, in exchange for referring
an individual with a substance use disorder to a clinical
service provider for clinical services.
''(b) Penalty.--Any person who violates subsection (a) shall be
fined not more than $200,000, imprisoned not more than 10 years, or
both.
''(c) Applicability.--Subsection (a) shall not apply to--
''(1) a discount or other reduction in price obtained by a
provider of services or other entity under a health care
benefit program if the reduction in price is properly disclosed
and appropriately reflected in the costs claimed or charges
made by the provider or entity;
''(2) any amount paid by an employer to an employee (who
has a bona fide employment relationship with such employer) for
employment in the provision of covered items or services and
the employee's remuneration is not determined by the number of
individuals referred to a particular recovery home or clinical
treatment facility;
''(3) any amount paid by a vendor of goods or services to a
person authorized to act as a purchasing agent for a group of
individuals or entities who are furnishing services reimbursed
if--
''(A) the person has a written contract, with each
such individual or entity, which specifies the amount
to be paid to the person, which amount may be a fixed
amount or a fixed percentage of the value of the
purchases made by each such individual or entity under
the contract; and
''(B) in the case of a recovery home or clinical
treatment facility that is a provider of services, the
person discloses to the health care benefit program the
remuneration received from each such vendor with
respect to purchases made by or on behalf of the
entity;
''(4) a discount in the price of an applicable drug of a
manufacturer that is furnished to an applicable beneficiary
under the Medicare coverage gap discount program under section
1860D-14A(g) of the Social Security Act (42 U.S.C. 1395w-
114a(g));
''(5) any payment made by a principal to an agent as
compensation for the services of the agent under a personal
services and management contract that meets the requirements of
section 1001.952(d) of title 42, Code of Federal Regulations,
as in effect on the date of enactment of this section;
''(6) a waiver or discount (as defined in section
1001.952(h)(5) of title 42, Code of Federal Regulations, as in
effect on the date of enactment of this section) of any
coinsurance or copayment by a health care benefit program, as
determined by the health care benefit program; or
''(7) any remuneration between a health center or entity
described under clause (i) or (ii) of section 1905(l)(2)(B) of
the Social Security Act (42 U.S.C. 1396d(l)(2)(B)) and any
individual or entity providing goods, items, services,
donations, loans, or a combination thereof, to such health
center entity pursuant to a contract, lease, grant, or other
agreement, if such agreement contributes to the ability of the
health center entity to maintain or increase the availability,
or enhance the quality, of services provided to a medically
underserved population served by the health center entity.
''(d) Intent Requirement.--With respect to a violation of this
section, a person need not have actual knowledge of this section or
specific intent to commit a violation of this section.
''(e) Definitions.--In this section--
''(1) the terms 'applicable beneficiary' and 'applicable
drug' have the meanings given those terms in section 1860D-
14A(g) of the Social Security Act (42 U.S.C. 1395w-114a(g));
''(2) the term 'clinical treatment facility' means a
medical setting other than a hospital that provides
detoxification, risk reduction, outpatient treatment,
residential treatment, or rehabilitation for substance use;
''(3) the term 'health care benefit program' has the
meaning given the term in section 24(b); and
''(4) the term 'recovery home' means a shared living
environment free from alcohol and illicit drug use and centered
on peer support and connections to promote sustained recovery
from substance use disorders.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 18, United States Code, is amended by inserting after the item
related to section 219 the following:

''220. Illegal remunerations for referrals to recovery homes and
clinical treatment facilities.''.
Eliminating Kickbacks in Recovery Act of 2018 This bill amends the federal criminal code make it a crime to knowingly and willfully solicit, receive, pay, or offer payment for referrals to a recovery home or clinical treatment facility, subject to limitations. A violator is subject to criminal penaltiesa fine, a prison term of up to 10 years, or both.

SECTION 1. SHORT TITLE.
This Act may be cited as the ''Johnson-O'Malley Supplemental Indian
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly
referred to as the Johnson-O'Malley Act) is amended by adding at the
end the following:
''SEC. 7. COMPUTATION OF STUDENT COUNT.
''(a) Definitions.--For the purposes of this Act, the following
definitions apply:
''(1) Contracting party.--The term 'contracting party' means an
entity that has a contract through a program authorized under this
Act.
''(2) Eligible entity.--The term 'eligible entity' means an
entity that is eligible to apply for a contract for a supplemental
or operational support program under this Act, as outlined in
section 1.
''(3) Existing contracting party.--The term 'existing
contracting party' means a contracting party that has a contract
under this Act that is in effect on the date of enactment of the
JOM Modernization Act.
''(4) JOM modernization act.--The term 'JOM Modernization Act'
means the Johnson-O'Malley Supplemental Indian Education Program
Modernization Act.
''(5) New contracting party.--The term 'new contracting party'
means an entity that enters into a contract under this Act after
the date of enactment of the JOM Modernization Act.
''(6) Secretary.--The term 'Secretary' means the Secretary of
the Interior.
''(b) Determination of the Number of Eligible Indian Students.--
''(1) Initial determinations.--
''(A) In general.--The Secretary shall make an initial
determination of the number of eligible Indian students served
or potentially served by each eligible entity in accordance
with subparagraph (B).
''(B) Process for making the initial determination.--
''(i) Preliminary report.--Not later than 180 days
after the date of enactment of the JOM Modernization Act,
the Secretary shall publish a preliminary report describing
the number of eligible Indian students served or
potentially served by each eligible entity, using the most
applicable and accurate data (as determined by the
Secretary in consultation with eligible entities) from the
fiscal year preceding the fiscal year for which the initial
determination is to be made from--

''(I) the Bureau of the Census;
''(II) the National Center for Education
Statistics; or
''(III) the Office of Indian Education of the
Department of Education.

''(ii) Data reconciliation.--To improve the accuracy of
the preliminary report described in clause (i) prior to
publishing, the Secretary shall reconcile the data
described in the preliminary report with--

''(I) each existing contracting party's data
regarding the number of eligible Indian students served
by the existing contracting party for the fiscal year
preceding the fiscal year for which the initial
determination is made; and
''(II) identifiable tribal enrollment information.

''(iii) Comment period.--After publishing the
preliminary report under clause (i) in accordance with
clause (ii), the Secretary shall establish a 60-day comment
period to gain feedback about the preliminary report from
eligible entities, which the Secretary shall take into
consideration in preparing the final report described in
clause (iv).
''(iv) Final report.--Not later than 120 days after
concluding the consultation described in clause (iii), the
Secretary shall publish a final report on the initial
determination of the number of eligible Indian students
served or potentially served by each eligible entity,
including justification for not including any feedback
gained during such consultation, if applicable.
''(2) Subsequent academic years.--For each academic year
following the fiscal year for which an initial determination is
made under paragraph (1) to determine the number of eligible Indian
students served or potentially served by a contracting party, the
Secretary shall determine the number of eligible Indian students
served by the contracting party based on the reported eligible
Indian student count numbers identified through the reporting
process described in subsection (c).
''(c) Contracting Party Student Count Reporting Compliance.--
''(1) In general.--For each academic year following the fiscal
year for which an initial determination is made under subsection
(b) to determine the number of eligible Indian students served or
potentially served by a contracting party, the contracting party
shall submit to the Secretary a report describing the number of
eligible Indian students who were served using amounts allocated to
such party under this Act during the previous fiscal year. The
report shall also include an accounting of the amounts and purposes
for which the contract funds were expended.
''(2) Failure to comply.--A contracting party that fails to
submit a report under paragraph (1) shall receive no amounts under
this Act for the fiscal year following the academic year for which
the report should have been submitted.
''(3) Notice.--The Secretary shall provide contracting parties
with timely information relating to--
''(A) initial and final reporting deadlines; and
''(B) the consequences of failure to comply outlined in
paragraph (2).
''(4) Technical assistance.--The Secretary, acting through the
Director of the Bureau of Indian Education, shall provide technical
assistance and training on compliance with the reporting
requirements of this subsection to contracting parties.
''(d) Annual Report.--
''(1) In general.--The Secretary shall prepare an annual
report, including the most recent determination of the number of
eligible Indian students served by each contracting party,
recommendations on appropriate funding levels for the program based
on such determination, and an assessment of the contracts under
this Act that the Secretary--
''(A) may include in the budget request of the Department
of the Interior for each fiscal year;
''(B) shall submit to--
''(i) the Committee on Indian Affairs of the Senate;
''(ii) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
Senate;
''(iii) the Committee on Education and the Workforce of
the House of Representatives; and
''(iv) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
House of Representatives; and
''(C) shall make publicly available.
''(2) Manner of preparation.--The Secretary shall prepare the
report under paragraph (1) in a manner so as to prevent or minimize
new administrative burdens on contracting parties receiving funds
under this Act.
''(e) Hold Harmless.--
''(1) Initial hold harmless.--
''(A) In general.--Except as provided under subparagraph
(B) and subject to subparagraphs (C) and (D), for a fiscal
year, an existing contracting party shall not receive an amount
under this Act that is less than the amount that such existing
contracting party received under this Act for the fiscal year
preceding the date of enactment of the JOM Modernization Act.
''(B) Exceptions.--
''(i) In general.--An existing contracting party shall
receive an amount under this Act for a fiscal year that is
less than the amount that the existing contracting party
received under this Act for the fiscal year preceding the
date of enactment of the JOM Modernization Act, if one or
more of the following conditions is met:

''(I) Failure to report.--The existing contracting
party failed to submit a complete report described in
subsection (c) that was most recently due from the date
of the determination.
''(II) Violations of contract or law.--The
Secretary has found that the existing contracting party
has violated the terms of a contract entered into under
this Act or has otherwise violated Federal law.
''(III) Student count decrease.--The number of
eligible Indian students reported by such existing
contracting party under subsection (c) has decreased
below the number of eligible Indian students served by
the existing contracting party in the fiscal year
preceding the date of enactment of the JOM
Modernization Act.

''(ii) Amount of funding reduction for existing
contracting parties reporting decreased student counts.--A
reduction in an amount pursuant to clause (i)(III) shall
not be done in such a manner that the existing contracting
party receives an amount of funding per eligible Indian
student that is less than the amount of funding per
eligible Indian student such party received for the fiscal
year preceding the date of enactment of the JOM
Modernization Act.
''(C) Ratable reductions in appropriations.--If the funds
available under this Act for a fiscal year are insufficient to
pay the full amounts that all existing contracting parties are
eligible to receive under subparagraph (A) for the fiscal year,
the Secretary shall ratably reduce those amounts for the fiscal
year.
''(D) Sunset.--This paragraph shall cease to be effective 4
years after the date of enactment of the JOM Modernization Act.
''(2) Maximum decrease after 4 years.--Beginning 4 years after
the date of enactment of the JOM Modernization Act, no contracting
party shall receive for a fiscal year more than a 10 percent
decrease in funding per eligible Indian student from the previous
fiscal year.
''(f) Funding Allocation and Reform.--
''(1) Funding reform.--The Secretary may make recommendations
for legislation to increase the amount of funds available per
eligible Indian student through contracts under this Act to equal
to or greater than the amount of funds that were available per
eligible Indian student through contracts under this Act for fiscal
year 1995, and attempt to identify additional sources of funding
that do not reallocate existing funds otherwise utilized by Indian
students served--
''(A) by the Bureau of Indian Education; or
''(B) under title VI of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7401 et seq.).
''(2) Increases in program funding.--
''(A) In general.--Subject to subsection (e) and
subparagraph (B), for any fiscal year for which the amount
appropriated to carry out this Act exceeds the amount
appropriated to carry out this Act for the preceding fiscal
year, the excess amounts shall--
''(i) be allocated only to those contracting parties
that did not receive their full per student funding
allocation for the previous fiscal year; and
''(ii) be allocated first to new contracting parties
that did not receive their full per student funding
allocation for the previous fiscal year.
''(B) Parity in funding.--Subparagraph (A) shall have no
effect after the first fiscal year for which each contracting
party receives their full per student funding allocation.
''(g) Increased Geographical and Tribal Participation in the
Johnson-O'Malley Supplementary Education Program.--To the maximum
extent practicable, the Secretary shall consult with Indian tribes and
contact State educational agencies, local educational agencies, and
Alaska Native organizations that have not previously entered into a
contract under this Act--
''(1) to determine the interest of the Indian tribes, State
educational agencies, local educational agencies, and Alaska Native
organizations, in entering into such contracts; and
''(2) to share information relating to the process for entering
into a contract under this Act.
''(h) Rulemaking.--
''(1) In general.--Not later than 1 year after the date of
enactment of the JOM Modernization Act, the Secretary, acting
through the Director of the Bureau of Indian Education, shall
undertake and complete a rulemaking process, following the
provisions of subchapter II of chapter 5 of title 5, United States
Code, to--
''(A) determine how the regulatory definition of 'eligible
Indian student' may be revised to clarify eligibility
requirements for contracting parties under this Act;
''(B) determine, as necessary, how the funding formula
described in section 273.31 of title 25, Code of Federal
Regulations (as in effect on the day before the date of
enactment of the JOM Modernization Act) may be clarified and
revised to ensure full participation of contracting parties and
provide clarity on the funding process under this Act; and
''(C) otherwise reconcile and modernize the rules to
comport with the activities of the contracting parties under
this Act as of the date of enactment of the JOM Modernization
Act.
''(2) Report.--Not later than 30 days after the date the
rulemaking under paragraph (1) is complete, the Secretary shall
submit a report to Congress describing the results of such
rulemaking and necessary recommendations to ensure the full
implementation of such rulemaking.
''(i) Student Privacy.--The Secretary shall ensure that data is
collected and each report is prepared under this section in a manner
that protects the rights of eligible Indian students in accordance with
section 444 of the General Education Provisions Act (commonly referred
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C.
1232g).
''(j) GAO Report.--Not later than 18 months after the final report
described in subsection (b)(1)(B)(iv) is published, the Comptroller
General shall--
''(1) conduct a review of the implementation of this section
during the preceding 2-year period, including any factors
impacting--
''(A) the accuracy of the determinations of the number of
eligible Indian students under this section;
''(B) the communication between the Bureau of Indian
Education and contracting parties; and
''(C) the efforts by the Bureau of Indian Education to
ensure accurate and sufficient distribution of funding for
Indian students;
''(2) submit a report describing the results of the review
under paragraph (1) to--
''(A) the Committee on Indian Affairs of the Senate;
''(B) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
Senate;
''(C) the Subcommittee on Indian, Insular and Alaska Native
Affairs of the Committee on Natural Resources of the House of
Representatives; and
''(D) the Subcommittee on Interior, Environment, and
Related Agencies of the Committee on Appropriations of the
House of Representatives; and
''(3) make such report publicly available.
''(k) Effect.--Nothing in this section--
''(1) creates a new program or duplicates program activities
under this Act; or
''(2) replaces or diminishes the effect of regulations to carry
out this Act existing on the day before the date of enactment of
the JOM Modernization Act, unless expressly provided in this
section.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year. The bill sets forth a process to revise funding allocations provided under the program. Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mental Health in Schools Act of
2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Approximately 1 in 5 children have a diagnosable mental
disorder.
(2) Approximately 1 in 10 children have a serious emotional
or behavioral disorder that is severe enough to cause
substantial impairment in functioning at home, at school, or in
the community. It is estimated that about 75 percent of
children with emotional and behavioral disorders do not receive
specialty mental health services.
(3) Only half of schools across the United States report
having formal partnerships with community mental health
providers to deliver mental health services.
(4) If a school is going to respond to the mental health
needs of its students, it must have access to resources that
provide family-centered, culturally and linguistically
appropriate supports and services.
(5) Effective school mental health programs reflect the
collaboration and commitment of families, students, educators,
and other community partners.

SEC. 3. PURPOSES.

It is the purpose of this Act to--
(1) revise, increase funding for, and expand the scope of
the Safe Schools-Healthy Students program in order to provide
access to more comprehensive school-based mental health
services and supports; and
(2) provide for in-service training to all school personnel
in--
(A) the techniques and supports needed to identify
early children with, or at risk of, mental illness;
(B) the use of referral mechanisms that effectively
link such children to treatment intervention services;
and
(C) strategies that promote a school-wide positive
environment.

SEC. 4. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

(a) Technical Amendments.--The second part G (relating to services
provided through religious organizations) of title V of the Public
Health Service Act (42 U.S.C. 290kk et seq.) is amended--
(1) by redesignating such part as part J; and
(2) by redesignating sections 581 through 584 as sections
596 through 596C, respectively.
(b) Purpose and Authority.--Subsection (a) of section 581 of the
Public Health Service Act (42 U.S.C. 290hh(a)) is amended to read as
follows:
''(a) In General.--The Secretary, in collaboration with the
Secretary of Education and in consultation with the Attorney General,
shall, directly or through grants, contracts or cooperative agreements
awarded to public entities and local education agencies, assist local
communities and schools in applying a public health approach to mental
health services both in schools and in the community. Such approach
should provide comprehensive services and supports, be linguistically
and culturally appropriate, and incorporate strategies of positive
behavioral interventions and supports. A comprehensive school mental
health program funded under this section shall assist children in
dealing with violence.''.
(c) Activities.--Section 581(b) of the Public Health Service Act
(42 U.S.C. 290hh(b)) is amended--
(1) in paragraph (1), by striking ''implement programs''
and inserting ''implement a comprehensive culturally and
linguistically appropriate school mental health program that
incorporates positive behavioral interventions and supports'';
(2) in paragraph (3), by inserting ''child and adolescent
mental health issues and'' after ''address''; and
(3) by striking paragraph (4) and inserting the following:
''(4) facilitate community partnerships among families,
students, law enforcement agencies, education systems, mental
health and substance abuse service systems, family-based mental
health service systems, welfare agencies, healthcare service
systems, and other community-based systems;''.
(d) Requirements.--Subsection (c) of section 581 of the Public
Health Service Act (42 U.S.C. 290hh(c)) is amended to read as follows:
''(c) Requirements.--
''(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under subsection (a) an entity shall--
''(A) be a partnership between a local education
agency and at least one community program or agency
that is involved in mental health; and
''(B) submit an application, that is endorsed by
all members of the partnership, that makes the
assurances described in paragraph (2).
''(2) Required assurances.--An application under paragraph
(1) shall assure the following:
''(A) That the applicant will ensure that, in
carrying out activities under this section, the local
educational agency involved will enter into a
memorandum of understanding--
''(i) with, at a minimum, public or private
mental health entities, healthcare entities,
law enforcement or juvenile justice entities,
child welfare agencies, family-based mental
health entities, families and family
organizations, and other community-based
entities; and
''(ii) that clearly states--
''(I) the responsibilities of each
partner with respect to the activities
to be carried out;
''(II) how each such partner will
be accountable for carrying out such
responsibilities; and
''(III) the amount of non-Federal
funding or in-kind contributions that
each such partner will contribute in
order to sustain the program.
''(B) That the comprehensive school-based mental
health program carried out under this section support
the flexible use of funds to address--
''(i) the promotion of the social,
emotional, and behavioral health of all
students in an environment that is conducive to
learning;
''(ii) the reduction in the likelihood of
at risk students developing social, emotional,
or behavioral health problems;
''(iii) the treatment or referral for
treatment of students with existing social,
emotional, or behavioral health problems;
''(iv) the early identification of social,
emotional, or behavioral problems and the
provision of early intervention services; and
''(v) the development and implementation of
programs to assist children in dealing with
violence.
''(C) That the comprehensive mental health program
carried out under this section will provide for
culturally and linguistically appropriate in-service
training of all school personnel, including ancillary
staff and volunteers, in--
''(i) the techniques and support needed to
identify early children with, or at risk of,
mental illness;
''(ii) the use of referral mechanisms that
effectively link such children to treatment
intervention services; and
''(iii) strategies that promote a
schoolwide positive environment, and includes
an on-going training component.
''(D) That the comprehensive school-based mental
health programs carried out under this section will
demonstrate the measures to be taken to sustain the
program after funding under this section terminates.
''(E) That the local education agency partnership
involved is supported by the State educational and
mental health system to ensure that the sustainability
of the programs is established after funding under this
section terminates.
''(F) That the comprehensive school-based mental
health program carried out under this section is based
on evidence-based practices.
''(G) That the comprehensive school-based mental
health program carried out under this section is
coordinated with early intervening activities carried
out under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.).
''(H) That the comprehensive school-based mental
health program carried out under this section is
culturally and linguistically appropriate.''.
(e) Duration.--Section 581(e) of the Public Health Service Act (42
U.S.C. 290hh(e)) is amended--
(1) by striking ''may not exceed'' and inserting ''shall
be''; and
(2) by adding at the end the following: ''An entity may
only receive one award under this section, except that an
entity that is providing services and supports on a regional
basis may receive additional funding after the expiration of
the preceding grant period.''.
(f) Evaluation.--Subsection (f) of section 581 of the Public Health
Service Act (42 U.S.C. 290kk(f)) is amended to read as follows:
''(f) Evaluation and Measures of Outcomes.--
''(1) Development of process.--The Administrator shall
develop a process for evaluating activities carried out under
this section. Such process shall include--
''(A) the development of guidelines for the
submission of program data by such recipients;
''(B) the development of measures of outcomes (in
accordance with paragraph (2)) to be applied by such
recipients in evaluating programs carried out under
this section; and
''(C) the submission of annual reports by such
recipients concerning the effectiveness of programs
carried out under this section.
''(2) Measures of outcomes.--
''(A) In general.--The Administrator shall develop
measures of outcomes to be applied by recipients of
assistance under this section, and the Administrator,
in evaluating the effectiveness of programs carried out
under this section. Such measures shall include student
and family measures as provided for in subparagraph (B)
and local educational measures as provided for under
subparagraph (C).
''(B) Student and family measures of outcomes.--The
measures of outcomes developed under paragraph (1)(B)
relating to students and families shall, with respect
to activities carried out under a program under this
section, at a minimum include provisions to evaluate--
''(i) whether the program resulted in an
increase in social and emotional competency;
''(ii) whether the program resulted in an
increase in academic competency;
''(iii) whether the program resulted in a
reduction in disruptive and aggressive
behaviors;
''(iv) whether the program resulted in
improved family functioning;
''(v) whether the program resulted in a
reduction in substance abuse;
''(vi) whether the program resulted in a
reduction in suspensions, truancy, expulsions
and violence;
''(vii) whether the program resulted in
increased graduation rates; and
''(viii) whether the program resulted in
improved access to care for mental health
disorders.
''(C) Local educational outcomes.--The outcome
measures developed under paragraph (1)(B) relating to
local educational systems shall, with respect to
activities carried out under a program under this
section, at a minimum include provisions to evaluate--
''(i) the effectiveness of comprehensive
school mental health programs established under
this section;
''(ii) the effectiveness of formal
partnership linkages among child and family
serving institutions, community support
systems, and the educational system;
''(iii) the progress made in sustaining the
program once funding under the grant has
expired; and
''(iv) the effectiveness of training and
professional development programs for all
school personnel that incorporate indicators
that measure cultural and linguistic
competencies under the program in a manner that
incorporates appropriate cultural and
linguistic training.
''(3) Submission of annual data.--An entity that receives a
grant, contract, or cooperative agreement under this section
shall annually submit to the Administrator a report that
include data to evaluate the success of the program carried out
by the entity based on whether such program is achieving the
purposes of the program. Such reports shall utilize the
measures of outcomes under paragraph (2) in a reasonable manner
to demonstrate the progress of the program in achieving such
purposes.
''(4) Evaluation by administrator.--Based on the data
submitted under paragraph (3), the Administrator shall annually
submit to Congress a report concerning the results and
effectiveness of the programs carried out with assistance
received under this section.''.
(g) Authorization of Appropriations and Amount of Grants.--
Subsection (h) of section 581 of the Public Health Service Act (42
U.S.C. 290hh(h)) is amended to read as follows:
''(h) Amount of Grants and Authorization of Appropriations.--
''(1) Amount of grants.--A grant under this section shall
be in an amount that is not more than $1,000,000 for each of
grant years 2008 through 2012. The Secretary shall determine
the amount of each such grant based on the population of
children between the ages of 0 to 21 of the area to be served
under the grant.
''(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section, $200,000,000 for
each of fiscal years 2008 through 2012.''.
(h) Conforming Amendments.--Part G of title V of the Public Health
Service Act (42 U.S.C. 290hh et seq.), as amended by this section, is
further amended--
(1) by striking the part heading and inserting the
following:

''PART VII--SCHOOL-BASED MENTAL HEALTH''; and

(2) in section 581, by striking the section heading and
inserting the following:

''SEC. 581. SCHOOL-BASED MENTAL HEALTH AND CHILDREN AND VIOLENCE.''.
Mental Health in Schools Act of 2007 - Amends the Public Health Service Act to expand the program to provide grants, contracts, or cooperative agreements to develop ways to assist children in dealing with violence to include assisting local communities and schools in applying a public health approach to mental health services, including providing comprehensive services and supports and incorporating strategies of positive behavioral interventions and supports.

Authorizes the Secretary of Health and Human Services to implement a comprehensive school mental health program that incorporates positive behavioral interventions and supports.

Establishes eligibility requirements for the program, including requiring: (1) a partnership between a local educational agency and at least one community program or agency that is involved in mental health; (2) the program to provide for in-service training of all school personnel; and (3) sustainability of the program after funding terminates.

Requires the Administrator of the Substance Abuse and Mental Health Services Administration to develop a process for evaluating activities under the grant program to include the development of student and family outcome measures and local educational outcome measures.