Part A—Organization and General Authorities
§290aa. Substance Abuse and Mental Health Services Administration
(a) Establishment
The Substance Abuse and Mental Health Services Administration (hereafter referred to in this subchapter as the "Administration") is an agency of the Service.
(b) Centers
The following Centers are agencies of the Administration:
(1) The Center for Substance Abuse Treatment.
(2) The Center for Substance Abuse Prevention.
(3) The Center for Mental Health Services.
(c) Assistant Secretary and Deputy Assistant Secretary
(1) Assistant Secretary
The Administration shall be headed by an official to be known as the Assistant Secretary for Mental Health and Substance Use (hereinafter in this subchapter referred to as the "Assistant Secretary") who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Deputy Assistant Secretary
The Assistant Secretary, with the approval of the Secretary, may appoint a Deputy Assistant Secretary and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration.
(d) Authorities
The Secretary, acting through the Assistant Secretary, shall—
(1) supervise the functions of the Centers of the Administration in order to assure that the programs carried out through each such Center receive appropriate and equitable support and that there is cooperation among the Centers in the implementation of such programs;
(2) establish and implement, through the respective Centers, a comprehensive program to improve the provision of treatment and related services to individuals with respect to substance use disorders and mental illness and to improve prevention services, promote mental health and protect the legal rights of individuals with mental illnesses and individuals with substance use disorders;
(3) carry out the administrative and financial management, policy development and planning, evaluation, knowledge dissemination, and public information functions that are required for the implementation of this subchapter;
(4) assure that the Administration conduct and coordinate demonstration projects, evaluations, and service system assessments and other activities necessary to improve the availability and quality of treatment, prevention and related services;
(5) support activities that will improve the provision of treatment, prevention and related services, including the development of national mental health and substance use disorder goals and model programs;
(6) in cooperation with the National Institutes of Health, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration, develop educational materials and intervention strategies to reduce the risks of HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders, and to develop appropriate mental health services for individuals with such diseases or disorders;
(7) coordinate Federal policy with respect to the provision of treatment services for substance use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders;
(8) conduct programs, and assure the coordination of such programs with activities of the National Institutes of Health and the Agency for Healthcare Research and Quality, as appropriate, to evaluate the process, outcomes and community impact of prevention and treatment services and systems of care in order to identify the manner in which such services can most effectively be provided;
(9) collaborate with the Director of the National Institutes of Health in the development and maintenance of a system by which the relevant research findings of the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the National Institute of Mental Health, and, as appropriate, the Agency for Healthcare Research and Quality are disseminated to service providers in a manner designed to improve the delivery and effectiveness of prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration;
(10) encourage public and private entities that provide health insurance to provide benefits for substance use disorder and mental health services;
(11) work with relevant agencies of the Department of Health and Human Services on integrating mental health promotion and substance use disorder prevention with general health promotion and disease prevention and integrating mental and substance use disorders treatment services with physical health treatment services;
(12) monitor compliance by hospitals and other facilities with the requirements of
(13) with respect to grant programs authorized under this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration—
(A) require that all grants that are awarded for the provision of services are subject to performance and outcome evaluations;
(B) ensure that the director of each Center of the Administration consistently documents the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
(C) require that all grants that are awarded to entities other than States are awarded only after the State in which the entity intends to provide services—
(i) is notified of the pendency of the grant application; and
(ii) is afforded an opportunity to comment on the merits of the application; and
(D) inform a State when any funds are awarded through such a grant to any entity within such State;
(14) assure that services provided with amounts appropriated under this subchapter are provided bilingually, if appropriate;
(15) improve coordination among prevention programs, treatment facilities and nonhealth care systems such as employers, labor unions, and schools, and encourage the adoption of employee assistance programs and student assistance programs;
(16) maintain a clearinghouse for substance use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders, to assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, treatment providers, and the general public;
(17) in collaboration with the National Institute on Aging, and in consultation with the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism and the National Institute of Mental Health, as appropriate, promote and evaluate substance use disorder services for older Americans in need of such services, and mental health services for older Americans who are seriously mentally ill;
(18) promote the coordination of service programs conducted by other departments, agencies, organizations and individuals that are or may be related to the problems of individuals suffering from mental illness or substance abuse, including liaisons with the Social Security Administration, Centers for Medicare & Medicaid Services, and other programs of the Department, as well as liaisons with the Department of Education, Department of Justice, and other Federal Departments and offices, as appropriate;
(19) consult with State, local, and tribal governments, nongovernmental entities, and individuals with mental illness, particularly adults with a serious mental illness, children with a serious emotional disturbance, and the family members of such adults and children, with respect to improving community-based and other mental health services;
(20) collaborate with the Secretary of Defense and the Secretary of Veterans Affairs to improve the provision of mental and substance use disorder services provided by the Department of Defense and the Department of Veterans Affairs to members of the Armed Forces, veterans, and the family members of such members and veterans, including through the provision of services using the telehealth capabilities of the Department of Defense and the Department of Veterans Affairs;
(21) collaborate with the heads of relevant Federal agencies and departments, States, communities, and nongovernmental experts to improve mental and substance use disorders services for chronically homeless individuals, including by designing strategies to provide such services in supportive housing;
(22) work with States and other stakeholders to develop and support activities to recruit and retain a workforce addressing mental and substance use disorders;
(23) collaborate with the Attorney General and representatives of the criminal justice system to improve mental and substance use disorders services for individuals who have been arrested or incarcerated;
(24) support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under
(25) after providing an opportunity for public input, set standards for grant programs under this subchapter for mental and substance use disorders services and prevention programs, which standards may address—
(A) the capacity of the grantee to implement the award;
(B) requirements for the description of the program implementation approach;
(C) the extent to which the grant plan submitted by the grantee as part of its application must explain how the grantee will reach the population of focus and provide a statement of need, which may include information on how the grantee will increase access to services and a description of measurable objectives for improving outcomes;
(D) the extent to which the grantee must collect and report on required performance measures; and
(E) the extent to which the grantee is proposing to use evidence-based practices;
(26) 1 advance, through existing programs, the use of performance metrics, including those based on the recommendations on performance metrics from the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Mental Health Crisis Reform Act of 2016; and
(26) 1 collaborate with national accrediting entities, recovery housing providers, organizations or individuals with established expertise in delivery of recovery housing services, States, Federal agencies (including the Department of Health and Human Services, the Department of Housing and Urban Development, and the agencies listed in
(e) Associate Administrator for Alcohol Prevention and Treatment Policy
(1) In general
There may be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Assistant Secretary may delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also may ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2010 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.
(2) Plan
(A) The Assistant Secretary, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall develop, and periodically review and as appropriate revise, a plan for programs and policies to treat and prevent alcoholism and alcohol abuse. The plan shall be developed (and reviewed and revised) in collaboration with the Directors of the Centers of the Administration and in consultation with members of other Federal agencies and public and private entities.
(B) Not later than 1 year after July 10, 1992, the Assistant Secretary shall submit to the Congress the first plan developed under subparagraph (A).
(3) Report
(A) Not less than once during each 2 years, the Assistant Secretary, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall prepare a report describing the alcoholism and alcohol abuse prevention and treatment programs undertaken by the Administration and its agencies, and the report shall include a detailed statement of the expenditures made for the activities reported on and the personnel used in connection with such activities.
(B) Each report under subparagraph (A) shall include a description of any revisions in the plan under paragraph (2) made during the preceding 2 years.
(C) Each report under subparagraph (A) shall be submitted to the Assistant Secretary for inclusion in the biennial report under subsection (m).
(f) Associate Administrator for Women's Services
(1) Appointment
The Assistant Secretary, with the approval of the Secretary, shall appoint an Associate Administrator for Women's Services who shall report directly to the Assistant Secretary.
(2) Duties
The Associate Administrator appointed under paragraph (1) shall—
(A) establish a committee to be known as the Coordinating Committee for Women's Services (hereafter in this subparagraph referred to as the "Coordinating Committee"), which shall be composed of the Directors of the agencies of the Administration (or the designees of the Directors);
(B) acting through the Coordinating Committee, with respect to women's substance abuse and mental health services—
(i) identify the need for such services, and make an estimate each fiscal year of the funds needed to adequately support the services;
(ii) identify needs regarding the coordination of services;
(iii) encourage the agencies of the Administration to support such services; and
(iv) assure that the unique needs of minority women, including Native American, Hispanic, African-American and Asian women, are recognized and addressed within the activities of the Administration; and
(C) establish an advisory committee to be known as the Advisory Committee for Women's Services, which shall be composed of not more than 10 individuals, a majority of whom shall be women, who are not officers or employees of the Federal Government, to be appointed by the Assistant Secretary from among physicians, practitioners, treatment providers, and other health professionals, whose clinical practice, specialization, or professional expertise includes a significant focus on women's substance abuse and mental health conditions, that shall—
(i) advise the Associate Administrator on appropriate activities to be undertaken by the agencies of the Administration with respect to women's substance abuse and mental health services, including services which require a multidisciplinary approach;
(ii) collect and review data, including information provided by the Secretary (including the material referred to in paragraph (3)), and report biannually to the Assistant Secretary regarding the extent to which women are represented among senior personnel, and make recommendations regarding improvement in the participation of women in the workforce of the Administration; and
(iii) prepare, for inclusion in the biennial report required pursuant to subsection (m), a description of activities of the Committee, including findings made by the Committee regarding—
(I) the extent of expenditures made for women's substance abuse and mental health services by the agencies of the Administration; and
(II) the estimated level of funding needed for substance abuse and mental health services to meet the needs of women;
(D) improve the collection of data on women's health by—
(i) reviewing the current data at the Administration to determine its uniformity and applicability;
(ii) developing standards for all programs funded by the Administration so that data are, to the extent practicable, collected and reported using common reporting formats, linkages and definitions; and
(iii) reporting to the Assistant Secretary a plan for incorporating the standards developed under clause (ii) in all Administration programs and a plan to assure that the data so collected are accessible to health professionals, providers, researchers, and members of the public; and
(E) shall establish, maintain, and operate a program to provide information on women's substance abuse and mental health services.
(3) Study
(A) The Secretary, acting through the Assistant Secretary for Personnel, shall conduct a study to evaluate the extent to which women are represented among senior personnel at the Administration.
(B) Not later than 90 days after July 10, 1992, the Assistant Secretary for Personnel shall provide the Advisory Committee for Women's Services with a study plan, including the methodology of the study and any sampling frames. Not later than 180 days after July 10, 1992, the Assistant Secretary shall prepare and submit directly to the Advisory Committee a report concerning the results of the study conducted under subparagraph (A).
(C) The Secretary shall prepare and provide to the Advisory Committee for Women's Services any additional data as requested.
(4) Office
Nothing in this subsection shall be construed to preclude the Secretary from establishing within the Substance Abuse and Mental Health Administration an Office of Women's Health.
(5) Definition
For purposes of this subsection, the term "women's substance abuse and mental health conditions", with respect to women of all age, ethnic, and racial groups, means all aspects of substance abuse and mental illness—
(A) unique to or more prevalent among women; or
(B) with respect to which there have been insufficient services involving women or insufficient data.
(g) Chief Medical Officer
(1) In general
The Assistant Secretary, with the approval of the Secretary, shall appoint a Chief Medical Officer to serve within the Administration.
(2) Eligible candidates
The Assistant Secretary shall select the Chief Medical Officer from among individuals who—
(A) have a doctoral degree in medicine or osteopathic medicine;
(B) have experience in the provision of mental or substance use disorder services;
(C) have experience working with mental or substance use disorder programs;
(D) have an understanding of biological, psychosocial, and pharmaceutical treatments of mental or substance use disorders; and
(E) are licensed to practice medicine in one or more States.
(3) Duties
The Chief Medical Officer shall—
(A) serve as a liaison between the Administration and providers of mental and substance use disorders prevention, treatment, and recovery services;
(B) assist the Assistant Secretary in the evaluation, organization, integration, and coordination of programs operated by the Administration;
(C) promote evidence-based and promising best practices, including culturally and linguistically appropriate practices, as appropriate, for the prevention and treatment of, and recovery from, mental and substance use disorders, including serious mental illness and serious emotional disturbances;
(D) participate in regular strategic planning with the Administration;
(E) coordinate with the Assistant Secretary for Planning and Evaluation to assess the use of performance metrics to evaluate activities within the Administration related to mental and substance use disorders; and
(F) coordinate with the Assistant Secretary to ensure mental and substance use disorders grant programs within the Administration consistently utilize appropriate performance metrics and evaluation designs.
(h) Services of experts
(1) In general
The Assistant Secretary may obtain (in accordance with
(2) Compensation and expenses
(A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accordance with
(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph.
(i) Peer review groups
The Assistant Secretary shall, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of
(j) Voluntary services
The Assistant Secretary may accept voluntary and uncompensated services.
(k) Administration
The Assistant Secretary shall ensure that programs and activities assigned under this subchapter to the Administration are fully administered by the respective Centers to which such programs and activities are assigned.
(l) Strategic plan
(1) In general
Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall develop and carry out a strategic plan in accordance with this subsection for the planning and operation of activities carried out by the Administration, including evidence-based programs.
(2) Coordination
In developing and carrying out the strategic plan under this subsection, the Assistant Secretary shall take into consideration the findings and recommendations of the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Mental Health Crisis Reform Act of 2016 and the report of the Interdepartmental Serious Mental Illness Coordinating Committee under
(3) Publication of plan
Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall—
(A) submit the strategic plan developed under paragraph (1) to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and
(B) post such plan on the Internet website of the Administration.
(4) Contents
The strategic plan developed under paragraph (1) shall—
(A) identify strategic priorities, goals, and measurable objectives for mental and substance use disorders activities and programs operated and supported by the Administration, including priorities to prevent or eliminate the burden of mental and substance use disorders;
(B) identify ways to improve the quality of services for individuals with mental and substance use disorders, and to reduce homelessness, arrest, incarceration, violence, including self-directed violence, and unnecessary hospitalization of individuals with a mental or substance use disorder, including adults with a serious mental illness or children with a serious emotional disturbance;
(C) ensure that programs provide, as appropriate, access to effective and evidence-based prevention, diagnosis, intervention, treatment, and recovery services, including culturally and linguistically appropriate services, as appropriate, for individuals with a mental or substance use disorder;
(D) identify opportunities to collaborate with the Health Resources and Services Administration to develop or improve—
(i) initiatives to encourage individuals to pursue careers (especially in rural and underserved areas and with rural and underserved populations) as psychiatrists, including child and adolescent psychiatrists, psychologists, psychiatric nurse practitioners, physician assistants, clinical social workers, certified peer support specialists, licensed professional counselors, or other licensed or certified mental health or substance use disorder professionals, including such professionals specializing in the diagnosis, evaluation, or treatment of adults with a serious mental illness or children with a serious emotional disturbance; and
(ii) a strategy to improve the recruitment, training, and retention of a workforce for the treatment of individuals with mental or substance use disorders, or co-occurring disorders;
(E) identify opportunities to improve collaboration with States, local governments, communities, and Indian tribes and tribal organizations (as such terms are defined in
(F) specify a strategy to disseminate evidence-based and promising best practices related to prevention, diagnosis, early intervention, treatment, and recovery services related to mental illness, particularly for adults with a serious mental illness and children with a serious emotional disturbance, and for individuals with a substance use disorder; and
(G) specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in
(m) Biennial report concerning activities and progress
Not later than September 30, 2020, and every 2 years thereafter, the Assistant Secretary shall prepare and submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and post on the Internet website of the Administration, a report containing at a minimum—
(1) a review of activities conducted or supported by the Administration, including progress toward strategic priorities, goals, and objectives identified in the strategic plan developed under subsection (l);
(2) an assessment of programs and activities carried out by the Assistant Secretary, including the extent to which programs and activities under this subchapter and part B of subchapter XVII meet identified goals and performance measures developed for the respective programs and activities;
(3) a description of the progress made in addressing gaps in mental and substance use disorders prevention, treatment, and recovery services and improving outcomes by the Administration, including with respect to serious mental illnesses, serious emotional disturbances, and co-occurring disorders;
(4) a description of the Administration's activities to support the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to
(5) a description of the manner in which the Administration coordinates and partners with other Federal agencies and departments related to mental and substance use disorders, including activities related to—
(A) the implementation and dissemination of research findings into improved programs, including with respect to how advances in serious mental illness and serious emotional disturbance research have been incorporated into programs;
(B) the recruitment, training, and retention of a mental and substance use disorders workforce;
(C) the integration of mental disorder services, substance use disorder services, and physical health services;
(D) relevant preparedness and response activities;
(E) homelessness; and
(F) veterans;
(6) a description of the manner in which the Administration promotes coordination by grantees under this subchapter, and part B of subchapter XVII, with State or local agencies; and
(7) a description of the activities carried out under
(A) the number and a description of grants awarded;
(B) the total amount of funding for grants awarded;
(C) a description of the activities supported through such grants, including outcomes of programs supported; and
(D) information on how the National Mental Health and Substance Use Policy Laboratory is consulting with the Assistant Secretary for Planning and Evaluation and collaborating with the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, the Center for Behavioral Health Statistics and Quality, and the Center for Mental Health Services to carry out such activities; and
(8) recommendations made by the Assistant Secretary for Planning and Evaluation under section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016 to improve programs within the Administration, and actions taken in response to such recommendations to improve programs within the Administration.
The Assistant Secretary may meet reporting requirements established under this subchapter by providing the contents of such reports as an addendum to the biennial report established under this subsection, notwithstanding the timeline of other reporting requirements in this subchapter. Nothing in this subsection shall be construed to alter the content requirements of such reports or authorize the Assistant Secretary to alter the timeline of any such reports to be less frequent than biennially, unless as specified in this subchapter.
(n) Applications for grants and contracts
With respect to awards of grants, cooperative agreements, and contracts under this subchapter, the Assistant Secretary, or the Director of the Center involved, as the case may be, may not make such an award unless—
(1) an application for the award is submitted to the official involved;
(2) with respect to carrying out the purpose for which the award is to be provided, the application provides assurances of compliance satisfactory to such official; and
(3) the application is otherwise in such form, is made in such manner, and contains such agreements, assurances, and information as the official determines to be necessary to carry out the purpose for which the award is to be provided.
(o) Emergency response
(1) In general
Notwithstanding
(2) Exceptions
Amounts appropriated under part C shall not be subject to paragraph (1).
(3) Emergencies
The Secretary shall establish criteria for determining that a substance abuse or mental health emergency exists and publish such criteria in the Federal Register prior to providing funds under this subsection.
(4) Emergency response
Amounts made available for carrying out this subsection shall remain available through the end of the fiscal year following the fiscal year for which such amounts are appropriated.
(p) Limitation on the use of certain information
No information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under
(q) Authorization of appropriations
For the purpose of providing grants, cooperative agreements, and contracts under this section, there are authorized to be appropriated $25,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003.
(July 1, 1944, ch. 373, title V, §501, formerly
Editorial Notes
References in Text
Section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016, referred to in subsecs. (d)(26), (l)(2), and (m)(8), is section 6021 of
Codification
Section was formerly classified to
Prior Provisions
A prior section 501 of act July 1, 1944, which was classified to
Amendments
2022—Subsec. (d)(24), (25).
Subsec. (d)(26).
Subsec. (i).
Subsec. (l)(2).
Subsec. (l)(4)(G).
Subsec. (m)(4).
Subsec. (m)(5).
Subsec. (m)(5)(D) to (F).
Subsec. (m)(6) to (8).
2016—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(5).
Subsec. (d)(6).
Subsec. (d)(7).
Subsec. (d)(8).
Subsec. (d)(9).
Subsec. (d)(10).
Subsec. (d)(11).
Subsec. (d)(13).
Subsec. (d)(13)(A) to (D).
Subsec. (d)(16).
Subsec. (d)(17), (19) to (25).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (e)(3)(A).
Subsec. (e)(3)(C).
Subsec. (f)(1).
Subsec. (f)(2)(C).
Subsec. (f)(2)(C)(ii).
Subsec. (f)(2)(C)(iii).
Subsec. (f)(2)(D)(iii).
Subsec. (g).
Subsec. (g)(1).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l).
Subsec. (m).
Subsec. (m)(4).
Subsecs. (n) to (q).
2010—Subsec. (f)(1).
Subsec. (f)(4), (5).
2003—Subsec. (d)(18).
2000—Subsec. (e)(1).
Subsecs. (m) to (o).
1999—Subsec. (d)(8), (9).
1996—Subsec. (g)(2)(A).
1992—
1989—Subsec. (b)(4).
Subsec. (j).
1988—Subsec. (b)(4).
Subsec. (e)(2).
Subsec. (f).
Subsecs. (k) to (m).
1986—
1984—
Subsec. (c).
Subsecs. (g), (h).
1983—
Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
1976—Subsec. (d).
Statutory Notes and Related Subsidiaries
Change of Name; References
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Centers for Disease Control changed to Centers for Disease Control and Prevention by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Transfer of Authorities
"(1) as of the day before the date of enactment of this Act [Dec. 13, 2016], were vested in the Administrator of the Substance Abuse and Mental Health Services Administration; and
"(2) are not terminated by this Act [division B of
Transfer Provisions
"SEC. 141. TRANSFERS.
"(a)
"(b)
"(c)
"SEC. 142. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
"(a)
"(b)
"(c)
"SEC. 143. INCIDENTAL TRANSFERS.
"Prior to October 1, 1992, the Secretary of Health and Human Services is authorized to make such determinations as may be necessary with regard to the functions transferred by this subtitle, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle and the Public Health Service Act [
"SEC. 144. EFFECT ON PERSONNEL.
"(a)
"(b)
"SEC. 145. SAVINGS PROVISIONS.
"(a)
"(1) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this subtitle; and
"(2) are in effect on the date of enactment of this Act [July 10, 1992];
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the National Institutes of Health, or the Administrator of the Substance Abuse and Mental Health Services Administration, as appropriate, a court of competent jurisdiction, or by operation of law.
"(b)
"(1)
"(2)
"(c)
"(1) the provisions of this subtitle do not affect actions commenced prior to the date of enactment of this Act [July 10, 1992]; and
"(2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.
"(d)
"(e)
"(f)
"SEC. 146. TRANSITION.
"With the consent of the Secretary of Health and Human Services, the Administrator of the Substance Abuse and Mental Health Services Administration and the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health are authorized to utilize—
"(1) the services of such officers, employees, and other personnel of the Department with respect to functions transferred to the Administrator of the Substance Abuse and Mental Health Services Administration and the Director of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health by this subtitle; and
"(2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this subtitle.
"SEC. 147. PEER REVIEW.
"With respect to fiscal years 1993 through 1996, the peer review systems, advisory councils and scientific advisory committees utilized, or approved for utilization, by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health prior to the transfer of such Institutes to the National Institute of Health shall be utilized by such Institutes.
"SEC. 148. MERGERS.
"Notwithstanding the provisions of section 401(c)(2) of the Public Health Service Act (
"SEC. 149. CONDUCT OF MULTI-YEAR RESEARCH PROJECTS.
"With respect to multi-year grants awarded prior to fiscal year 1993 by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health with amounts received under section 1911(b) [former
"SEC. 150. SEPARABILITY.
"If a provision of this subtitle or its application to any person or circumstance is held invalid, neither the remainder of this Act [see Tables for classification] nor the application of the provision to other persons or circumstances shall be affected.
"SEC. 151. BUDGETARY AUTHORITY.
"With respect to fiscal years 1994 and 1995, the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health shall notwithstanding section 405(a) [
Funding for Community-Based Funding for Local Behavioral Health Needs
"(a)
"(b)
"(1)
"(2)
Interdepartmental Substance Use Disorders Coordinating Committee
"(a)
"(b)
"(1)
"(A) The Secretary, who shall serve as the Chair of the Committee.
"(B) The Attorney General of the United States.
"(C) The Secretary of Labor.
"(D) The Secretary of Housing and Urban Development.
"(E) The Secretary of Education.
"(F) The Secretary of Veterans Affairs.
"(G) The Commissioner of Social Security.
"(H) The Assistant Secretary for Mental Health and Substance Use.
"(I) The Director of National Drug Control Policy.
"(J) Representatives of other Federal agencies that support or conduct activities or programs related to substance use disorders, as determined appropriate by the Secretary.
"(2)
"(A) at least two such members shall be an individual who has received treatment for a diagnosis of a substance use disorder;
"(B) at least two such members shall be a director of a State substance abuse agency;
"(C) at least two such members shall be a representative of a leading research, advocacy, or service organization for adults with substance use disorder;
"(D) at least two such members shall—
"(i) be a physician, licensed mental health professional, advance practice registered nurse, or physician assistant; and
"(ii) have experience in treating individuals with substance use disorders;
"(E) at least one such member shall be a substance use disorder treatment professional who provides treatment services at a certified opioid treatment program;
"(F) at least one such member shall be a substance use disorder treatment professional who has research or clinical experience in working with racial and ethnic minority populations;
"(G) at least one such member shall be a substance use disorder treatment professional who has research or clinical mental health experience in working with medically underserved populations;
"(H) at least one such member shall be a State-certified substance use disorder peer support specialist;
"(I) at least one such member shall be a drug court judge or a judge with experience in adjudicating cases related to substance use disorder;
"(J) at least one such member shall be a public safety officer with extensive experience in interacting with adults with a substance use disorder; and
"(K) at least one such member shall be an individual with experience providing services for homeless individuals with a substance use disorder.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) identify areas for improved coordination of activities, if any, related to substance use disorders, including research, services, supports, and prevention activities across all relevant Federal agencies;
"(2) identify and provide to the Secretary recommendations for improving Federal programs for the prevention and treatment of, and recovery from, substance use disorders, including by expanding access to prevention, treatment, and recovery services;
"(3) analyze substance use disorder prevention and treatment strategies in different regions of and populations in the United States and evaluate the extent to which Federal substance use disorder prevention and treatment strategies are aligned with State and local substance use disorder prevention and treatment strategies;
"(4) make recommendations to the Secretary regarding any appropriate changes with respect to the activities and strategies described in paragraphs (1) through (3);
"(5) make recommendations to the Secretary regarding public participation in decisions relating to substance use disorders and the process by which public feedback can be better integrated into such decisions; and
"(6) make recommendations to ensure that substance use disorder research, services, supports, and prevention activities of the Department of Health and Human Services and other Federal agencies are not unnecessarily duplicative.
"(f)
"(g)
"(h)
"(i)
Improving Oversight of Mental and Substance Use Disorders Programs Through the Assistant Secretary for Planning and Evaluation
"(a)
"(b)
"(1) include a plan for evaluating programs related to mental and substance use disorders, including co-occurring disorders, across agencies, as appropriate, including programs related to—
"(A) prevention, intervention, treatment, and recovery support services, including such services for adults with a serious mental illness or children with a serious emotional disturbance;
"(B) the reduction of homelessness and incarceration among individuals with a mental or substance use disorder; and
"(C) public health and health services; and
"(2) include a plan for assessing the use of performance metrics to evaluate activities carried out by entities receiving grants, contracts, or cooperative agreements related to mental and substance use disorders prevention and treatment services under title V or title XIX of the Public Health Service Act (
"(c)
"(d)
Assisted Outpatient Treatment Grant Program for Individuals With Serious Mental Illness
Report by Substance Abuse and Mental Health Services Administration
Relationship Between Mental Illness and Substance Abuse
Report With Respect to Administration of Certain Research Programs
Congressional Statement of Policy for Alcohol and Drug Abuse Amendments of 1983
"(1) a continued Federal commitment to research into the behavioral and biomedical etiology, the treatment, and the mental and physical health and social and economic consequences of alcohol abuse and alcoholism and drug abuse;
"(2) a commitment to—
"(A) extensive dissemination to States, units of local government, community organizations, and private groups of the most recent information and research findings with respect to alcohol abuse and alcoholism and drug abuse, including information with respect to the application of research findings; and
"(B) the accomplishment of such dissemination through up-to-date publications, demonstrations, educational programs, and other appropriate means;
"(3) the provision of technical assistance to research personnel; services personnel, and prevention personnel in the field of alcohol abuse and alcoholism and drug abuse;
"(4) the development and encouragement of prevention programs designed to combat the spread of alcoholism, alcohol abuse, drug abuse, and the abuse of other legal and illegal substances;
"(5) the development and encouragement of effective occupational prevention and treatment programs within Government and in cooperation with the private sector; and
"(6) the provision of a Federal response to alcohol abuse and alcoholism and drug abuse which encourages the greatest participation by the private sector, both financially and otherwise, and concentrates on carrying out functions relating to alcohol abuse and alcoholism and drug abuse which are truly national in scope."
Alcohol and Drug Abuse and Mental Health Reports by the Secretary
Transfer of Balances in Working Capital Fund, Narcotic Hospitals, to Surplus Fund
Act July 8, 1947, ch. 210, title II, §201,
[Section 201 of act July 8, 1947, set out above, was formerly classified to
Executive Documents
Ex. Ord. No. 13954. Saving Lives Through Increased Support for Mental- and Behavioral-Health Needs
Ex. Ord. No. 13954, Oct. 3, 2020, 85 F.R. 63977, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
During the COVID–19 pandemic, the Federal Government has dedicated billions of dollars and thousands of hours in resources to help Americans, including approximately $425 million in emergency funds to address mental and substance use disorders through the Substance Abuse and Mental Health Services Administration. The pandemic has also exacerbated mental- and behavioral-health conditions as a result of stress from prolonged lockdown orders, lost employment, and social isolation. Survey data from the Centers for Disease Control and Prevention show that during the last week of June, 40.9 percent of Americans struggled with mental-health or substance-abuse issues and 10.7 percent reported seriously considering suicide. We must enhance the ability of the Federal Government, as well as its State, local, and Tribal partners, to appropriately address these ongoing mental- and behavioral-health concerns.
(a) Engage the resources of the Federal Government to address the mental- and behavioral-health needs of vulnerable Americans, including by:
(i) providing crisis-intervention services to treat those in immediate life-threatening situations; and
(ii) increasing the availability of and access to quality continuing care following initial crisis resolution to improve behavioral-health outcomes;
(b) Permit and encourage safe in-person mentorship programs; support-group participation; and attendance at communal facilities, including schools, civic centers, and houses of worship;
(c) Increase the availability of telehealth and online mental-health and substance-use tools and services; and
(d) Marshal public and private resources to address deteriorating mental health, such as factors that contribute to prolonged unemployment and social isolation.
(b) Within 45 days of the date of this order [Oct. 3, 2020], the Working Group shall develop and submit to the President a report that outlines a plan for improved service coordination between all relevant public and private stakeholders and executive departments and agencies (agencies) to assist individuals in crisis so that they receive effective treatment and recovery services.
(a) Examine their existing grant programs that fund mental-health, medical, or related services and, consistent with applicable law, take steps to encourage grantees to consider adopting policies, where appropriate, that have been shown to improve mental health and reduce suicide risk, including the following:
(i) Safe in-person and telehealth participation in support groups for people in recovery from substance use disorders, mental-health issues, or other ailments that benefit from communal support; and peer-to-peer services that support underserved communities;
(ii) Safe face-to-face therapeutic services, including group therapy, to remediate poor behavioral health; and
(iii) Safe participation in communal support—both faith-based and secular—including educational programs, civic activities, and in-person religious services.
(b) Maximize use of existing agency authorities to award contracts or grants to community organizations or other local entities to enhance mental-health and suicide-prevention services, such as outreach, education, and case management, to vulnerable Americans.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
1 So in original. Two pars. (26) have been enacted.
§290aa–0. National Mental Health and Substance Use Policy Laboratory
(a) In general
There shall be established within the Administration a National Mental Health and Substance Use Policy Laboratory (referred to in this section as the "Laboratory").
(b) Responsibilities
The Laboratory shall—
(1) continue to carry out the authorities and activities that were in effect for the Office of Policy, Planning, and Innovation as such Office existed prior to December 13, 2016;
(2) identify, coordinate, and facilitate the implementation of policy changes likely to have a significant effect on mental health, mental illness, recovery supports, and the prevention and treatment of substance use disorder services;
(3) work with the Center for Behavioral Health Statistics and Quality to collect, as appropriate, information from grantees under programs operated by the Administration in order to evaluate and disseminate information on evidence-based practices, including culturally and linguistically appropriate services, as appropriate, and service delivery models;
(4) provide leadership in identifying and coordinating policies and programs, including evidence-based programs, related to mental and substance use disorders;
(5) periodically review programs and activities operated by the Administration relating to the diagnosis or prevention of, treatment for, and recovery from, mental and substance use disorders to—
(A) identify any such programs or activities that are duplicative;
(B) identify any such programs or activities that are not evidence-based, effective, or efficient; and
(C) formulate recommendations for coordinating, eliminating, or improving programs or activities identified under subparagraph (A) or (B) and merging such programs or activities into other successful programs or activities;
(6) issue and periodically update information for entities applying for grants or cooperative agreements from the Substance Abuse and Mental Health Services Administration in order to—
(A) encourage the implementation and replication of evidence-based practices; and
(B) provide technical assistance to applicants for funding, including with respect to justifications for such programs and activities; and
(7) carry out other activities as deemed necessary to continue to encourage innovation and disseminate evidence-based programs and practices.
(c) Evidence-based practices and service delivery models
(1) In general
In carrying out subsection (b)(3), the Laboratory—
(A) may give preference to models that improve—
(i) the coordination between mental health and physical health providers;
(ii) the coordination among such providers and the justice and corrections system; and
(iii) the cost effectiveness, quality, effectiveness, and efficiency of health care services furnished to adults with a serious mental illness, children with a serious emotional disturbance, or individuals in a mental health crisis; and
(B) may include clinical protocols and practices that address the needs of individuals with early serious mental illness.
(2) Consultation
In carrying out this section, the Laboratory shall consult with—
(A) the Chief Medical Officer appointed under
(B) representatives of the National Institute of Mental Health, the National Institute on Drug Abuse, and the National Institute on Alcohol Abuse and Alcoholism, on an ongoing basis;
(C) other appropriate Federal agencies;
(D) clinical and analytical experts with expertise in psychiatric medical care and clinical psychological care, health care management, education, corrections health care, and mental health court systems, as appropriate; and
(E) other individuals and agencies as determined appropriate by the Assistant Secretary.
(d) Deadline for beginning implementation
The Laboratory shall begin implementation of this section not later than January 1, 2018.
(e) Promoting innovation
(1) In general
The Assistant Secretary, in coordination with the Laboratory, may award grants to States, local governments, Indian Tribes or Tribal organizations (as such terms are defined in
(A) evaluating a model that has been scientifically demonstrated to show promise, but would benefit from further applied development, for—
(i) enhancing the prevention, diagnosis, intervention, and treatment of, and recovery from, mental illness, serious emotional disturbances, substance use disorders, and co-occurring illness or disorders; or
(ii) integrating or coordinating physical health services and mental and substance use disorders services; and
(B) expanding, replicating, or scaling evidence-based programs across a wider area to enhance effective screening, early diagnosis, intervention, and treatment with respect to mental illness, serious mental illness, serious emotional disturbances, and substance use disorders, primarily by—
(i) applying such evidence-based programs to the delivery of care, including by training staff in effective evidence-based treatments; or
(ii) integrating such evidence-based programs into models of care across specialties and jurisdictions.
(2) Consultation
In awarding grants under this subsection, the Assistant Secretary shall, as appropriate, consult with the Chief Medical Officer, appointed under
(f) Authorization of appropriations
To carry out this section, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §501A, as added
Editorial Notes
Amendments
2022—Subsec. (e)(1).
Subsec. (e)(3).
Subsec. (f).
2018—Subsec. (b)(6), (7).
§290aa–0a. Behavioral health crisis coordinating office
(a) In general
The Secretary shall establish, within the Substance Abuse and Mental Health Services Administration, an office to coordinate work relating to behavioral health crisis care across the operating divisions and agencies of the Department of Health and Human Services, including the Substance Abuse and Mental Health Services Administration, the Centers for Medicare & Medicaid Services, and the Health Resources and Services Administration, and external stakeholders.
(b) Duty
The office established under subsection (a) shall—
(1) convene Federal, State, Tribal, local, and private partners;
(2) launch and manage Federal workgroups charged with making recommendations regarding issues related to mental health and substance use disorder crises, including with respect to health care best practices, workforce development, health disparities, data collection, technology, program oversight, public awareness, and engagement; and
(3) support technical assistance, data analysis, and evaluation functions in order to assist States, localities, Territories, Indian Tribes, and Tribal organizations in developing crisis care systems and identifying best practices with the objective of expanding the capacity of, and access to, local crisis call centers, mobile crisis care, crisis stabilization, psychiatric emergency services, and rapid post-crisis follow-up care provided by—
(A) the National Suicide Prevention and Mental Health Crisis Hotline and Response System;
(B) the Veterans Crisis Line;
(C) community mental health centers (as defined in
(D) certified community behavioral health clinics, as described in section 223 of the Protecting Access to Medicare Act of 2014; and
(E) other community mental health and substance use disorder providers.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §501B, as added
Editorial Notes
References in Text
Section 223 of the Protecting Access to Medicare Act of 2014, referred to in subsec. (b)(3)(D), is section 223 of
Statutory Notes and Related Subsidiaries
Crisis Response Continuum of Care
"(a)
"(b)
"(1)
"(A) do not require prior authorization from an insurance provider or group health plan nor a referral from a health care provider prior to the delivery of services;
"(B) provide for serving all individuals regardless of age or ability to pay;
"(C) provide for operating 24 hours a day, 7 days a week;
"(D) provide for care and support through resources described in paragraph (2)(A) until the individual has been stabilized or transferred to the next level of crisis care; and
"(E) address psychiatric stabilization, including for—
"(i) individuals screened over the phone, text, and chat; and
"(ii) individuals stabilized on the scene by mobile teams.
"(2)
"(A) Identification of resources for referral and enrollment in continuing mental health, substance use, or other human services relevant for the individual in crisis where necessary.
"(B) A description of access and entry points to services within the crisis response continuum.
"(C) Identification, as appropriate and consistent with State laws, of any protocols and agreements for the transfer and receipt of individuals to and from other segments of the crisis response continuum segments as needed, and from outside referrals, including health care providers, first responders (including law enforcement, paramedics, and firefighters), education institutions, and community-based organizations.
"(D) Description of the qualifications of the range of crisis services staff, including roles for physicians, licensed clinicians, case managers, and peers (in accordance with State licensing requirements or requirements applicable to Tribal health professionals).
"(E) The convening of collaborative meetings of relevant crisis response system partners, such as crisis response service providers, first responders (including law enforcement, paramedics, and firefighters), and community partners (including the National Suicide Prevention Lifeline or 9–8–8 call centers, 9–1–1 public service answering points, and local mental health and substance use disorder treatment providers), operating in a common region for the discussion of case management, best practices, and general performance improvement.
"(3)
"(A) the volume of services to meet population need;
"(B) appropriate timely response; and
"(C) capacity to meet the needs of different patient populations that may experience a mental health or substance use crisis, including children, families, and all age groups, racial and ethnic minorities, veterans, individuals with co-occurring mental health and substance use disorders, individuals with disabilities, and individuals with chronic illness.
"(4)
"(A) not later than 1 year after the date of enactment of this section [Dec. 29, 2022], publish and maintain the best practices required by subsection (a); and
"(B) after 3 years, facilitate the identification of any updates to such best practices, as appropriate.
"(5)
"(A) the type and variety of services provided when responding to mental health and substance use-related crises;
"(B) the impact on emergency department facility use and length of stay, including for patients who require further psychiatric care;
"(C) the impact on access to crisis care centers and crisis bed services;
"(D) the impact on linkage to appropriate post-crisis care; and
"(E) the use of best practices and recommendations identified under this section."
§290aa–0b. Interdepartmental Serious Mental Illness Coordinating Committee
(a) Establishment
(1) In general
The Secretary, or the designee of the Secretary, shall establish a committee to be known as the Interdepartmental Serious Mental Illness Coordinating Committee (in this section referred to as the "Committee").
(2) Federal Advisory Committee Act
Except as provided in this section, the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) 1 shall apply to the Committee.
(b) Meetings
The Committee shall meet not fewer than 2 times each year.
(c) Responsibilities
Not later than each of 1 year and 5 years after December 29, 2022, the Committee shall submit to Congress and any other relevant Federal department or agency a report including—
(1) a summary of advances in serious mental illness and serious emotional disturbance research related to the prevention of, diagnosis of, intervention in, and treatment and recovery of serious mental illnesses, serious emotional disturbances, and advances in access to services and support for adults with a serious mental illness or children with a serious emotional disturbance;
(2) an evaluation of the effect Federal programs related to serious mental illness have on public health, including outcomes such as—
(A) rates of suicide, suicide attempts, incidence and prevalence of serious mental illnesses, serious emotional disturbances, and substance use disorders, overdose, overdose deaths, emergency hospitalizations, emergency department boarding, preventable emergency department visits, interaction with the criminal justice system, homelessness, and unemployment;
(B) increased rates of employment and enrollment in educational and vocational programs;
(C) quality of mental and substance use disorders treatment services; or
(D) any other criteria as may be determined by the Secretary; and
(3) specific recommendations for actions that agencies can take to better coordinate the administration of mental health services for adults with a serious mental illness or children with a serious emotional disturbance.
(d) Membership
(1) Federal members
The Committee shall be composed of the following Federal representatives, or the designees of such representatives—
(A) the Secretary of Health and Human Services, who shall serve as the Chair of the Committee;
(B) the Assistant Secretary for Mental Health and Substance Use;
(C) the Attorney General;
(D) the Secretary of Veterans Affairs;
(E) the Secretary of Defense;
(F) the Secretary of Housing and Urban Development;
(G) the Secretary of Education;
(H) the Secretary of Labor;
(I) the Administrator of the Centers for Medicare & Medicaid Services;
(J) the Administrator of the Administration for Community Living; and
(K) the Commissioner of Social Security.
(2) Non-Federal members
The Committee shall also include not less than 14 non-Federal public members appointed by the Secretary of Health and Human Services, of which—
(A) at least 2 members shall be an individual who has received treatment for a diagnosis of a serious mental illness;
(B) at least 1 member shall be a parent or legal guardian of an adult with a history of a serious mental illness or a child with a history of a serious emotional disturbance;
(C) at least 1 member shall be a representative of a leading research, advocacy, or service organization for adults with a serious mental illness;
(D) at least 2 members shall be—
(i) a licensed psychiatrist with experience in treating serious mental illnesses;
(ii) a licensed psychologist with experience in treating serious mental illnesses or serious emotional disturbances;
(iii) a licensed clinical social worker with experience treating serious mental illnesses or serious emotional disturbances; or
(iv) a licensed psychiatric nurse, nurse practitioner, or physician assistant with experience in treating serious mental illnesses or serious emotional disturbances;
(E) at least 1 member shall be a licensed mental health professional with a specialty in treating children and adolescents with a serious emotional disturbance;
(F) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with minorities;
(G) at least 1 member shall be a mental health professional who has research or clinical mental health experience in working with medically underserved populations;
(H) at least 1 member shall be a State certified mental health peer support specialist;
(I) at least 1 member shall be a judge with experience in adjudicating cases related to criminal justice or serious mental illness;
(J) at least 1 member shall be a law enforcement officer or corrections officer with extensive experience in interfacing with adults with a serious mental illness, children with a serious emotional disturbance, or individuals in a mental health crisis; and
(K) at least 1 member shall have experience providing services for homeless individuals and working with adults with a serious mental illness, children with a serious emotional disturbance, or individuals in a mental health crisis.
(3) Terms
A member of the Committee appointed under paragraph (2) shall serve for a term of 3 years, and may be reappointed for 1 or more additional 3-year terms. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has been appointed.
(e) Working groups
In carrying out its functions, the Committee may establish working groups. Such working groups shall be composed of Committee members, or their designees, and may hold such meetings as are necessary.
(f) Sunset
The Committee shall terminate on September 30, 2027.
(July 1, 1944, ch. 373, title V, §501C, as added
Editorial Notes
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a)(2), is
1 See References in Text note below.
§290aa–1. Advisory councils
(a) Appointment
(1) In general
The Secretary shall appoint an advisory council for—
(A) the Substance Abuse and Mental Health Services Administration;
(B) the Center for Substance Abuse Treatment;
(C) the Center for Substance Abuse Prevention; and
(D) the Center for Mental Health Services.
Each such advisory council shall advise, consult with, and make recommendations to the Secretary and the Assistant Secretary or Director of the Administration or Center for which the advisory council is established concerning matters relating to the activities carried out by and through the Administration or Center and the policies respecting such activities.
(2) Function and activities
An advisory council—
(A)(i) may on the basis of the materials provided by the organization respecting activities conducted at the organization, make recommendations to the Assistant Secretary or Director of the Administration or Center for which it was established respecting such activities;
(ii) shall review applications submitted for grants and cooperative agreements for activities for which advisory council approval is required under
(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the organization;
(B) may collect, by correspondence or by personal investigation, information as to studies and services that are being carried on in the United States or any other country as to the diseases, disorders, or other aspects of human health with respect to which the organization was established and with the approval of the Assistant Secretary or Director, whichever is appropriate, make such information available through appropriate publications for the benefit of public and private health entities and health professions personnel and for the information of the general public; and
(C) may appoint subcommittees and convene workshops and conferences.
(b) Membership
(1) In general
Each advisory council shall consist of nonvoting ex officio members and not more than 12 members to be appointed by the Secretary under paragraph (3).
(2) Ex officio members
The ex officio members of an advisory council shall consist of—
(A) the Secretary;
(B) the Assistant Secretary;
(C) the Director of the Center for which the council is established;
(D) the Under Secretary for Health of the Department of Veterans Affairs;
(E) the Assistant Secretary for Defense for Health Affairs (or the designates of such officers);
(F) the Chief Medical Officer, appointed under
(G) the Director of the National Institute of Mental Health for the advisory councils appointed under subsections (a)(1)(A) and (a)(1)(D);
(H) the Director of the National Institute on Drug Abuse for the advisory councils appointed under subsections (a)(1)(A), (a)(1)(B), and (a)(1)(C);
(I) the Director of the National Institute on Alcohol Abuse and Alcoholism for the advisory councils appointed under subsections (a)(1)(A), (a)(1)(B), and (a)(1)(C); and
(J) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions.
(3) Appointed members
Individuals shall be appointed to an advisory council under paragraph (1) as follows:
(A) Nine of the members shall be appointed by the Secretary from among the leading representatives of the health disciplines (including public health and behavioral and social sciences) relevant to the activities of the Administration or Center for which the advisory council is established.
(B) Three of the members shall be appointed by the Secretary from the general public and shall include leaders in fields of public policy, public relations, law, health policy economics, or management.
(C) Not less than half of the members of the advisory council appointed under subsection (a)(1)(D)—
(i) shall—
(I) have a medical degree;
(II) have a doctoral degree in psychology; or
(III) have an advanced degree in nursing or social work from an accredited graduate school or be a certified physician assistant; and
(ii) shall specialize in the mental health field.
(D) Not less than half of the members of the advisory councils appointed under subsections (a)(1)(B) and (a)(1)(C)—
(i) shall—
(I) have a medical degree;
(II) have a doctoral degree; or
(III) have an advanced degree in nursing, public health, behavioral or social sciences, or social work from an accredited graduate school or be a certified physician assistant; and
(ii) shall have experience in the provision of substance use disorder services or the development and implementation of programs to prevent substance misuse.
(4) Compensation
Members of an advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members of an advisory council shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent to the annual rate in effect for grade GS–18 of the General Schedule.
(c) Terms of office
(1) In general
The term of office of a member of an advisory council appointed under subsection (b) shall be 4 years, except that any member appointed to fill a vacancy for an unexpired term shall serve for the remainder of such term. The Secretary shall make appointments to an advisory council in such a manner as to ensure that the terms of the members not all expire in the same year. A member of an advisory council may serve after the expiration of such member's term until a successor has been appointed and taken office.
(2) Reappointments
A member who has been appointed to an advisory council for a term of 4 years may not be reappointed to an advisory council during the 2-year period beginning on the date on which such 4-year term expired.
(3) Time for appointment
If a vacancy occurs in an advisory council among the members under subsection (b), the Secretary shall make an appointment to fill such vacancy within 90 days from the date the vacancy occurs.
(d) Chair
The Secretary shall select a member of an advisory council to serve as the chair of the council. The Secretary may so select an individual from among the appointed members, or may select the Assistant Secretary or the Director of the Center involved. The term of office of the chair shall be 2 years.
(e) Meetings
An advisory council shall meet at the call of the chairperson or upon the request of the Assistant Secretary or Director of the Administration or Center for which the advisory council is established, but in no event less than 2 times during each fiscal year. The location of the meetings of each advisory council shall be subject to the approval of the Assistant Secretary or Director of Administration or Center for which the council was established.
(f) Executive Secretary and staff
The Assistant Secretary or Director of the Administration or Center for which the advisory council is established shall designate a member of the staff of the Administration or Center for which the advisory council is established to serve as the Executive Secretary of the advisory council. The Assistant Secretary or Director shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions. The Assistant Secretary or Director shall provide orientation and training for new members of the advisory council to provide for their effective participation in the functions of the advisory council.
(July 1, 1944, ch. 373, title V, §502, formerly §505, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 290aa–1, act July 1, 1944, ch. 373, title V, §502, formerly
A prior section 502 of act July 1, 1944, which was classified to
Amendments
2016—Subsec. (a)(1).
Subsec. (a)(2)(A)(i), (B).
Subsec. (b)(2)(B).
Subsec. (b)(2)(F) to (J).
Subsec. (b)(3)(C), (D).
Subsecs. (d) to (f).
2000—Subsec. (e).
1994—Subsec. (b)(2)(D).
1992—
1990—Subsec. (a)(2).
1988—Subsec. (b)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Amendment by
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by Congress, its duration is otherwise provided by law. See
References in Other Laws to GS–16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of
Continuation of Existing Advisory Councils
"(1) the Secretary of Health and Human Services shall make appointments to each such advisory council in such a manner as to bring about as soon as practicable the composition for such council prescribed by section 505 [now 502] of the Public Health Service Act [
"(2) each advisory council shall organize itself in accordance with such section and exercise the functions prescribed by such section; and
"(3) the Director of each such institute shall perform for such advisory council the functions prescribed by such section."
§290aa–2. Omitted
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §503, formerly §505, as added
Section was formerly classified to
A prior section 290aa–2, act July 1, 1944, ch. 373, title V, §503, formerly
A prior section 503 of act July 1, 1944, which was classified to
§290aa–2a. Report on individuals with co-occurring mental illness and substance abuse disorders
(a) In general
Not later than 2 years after October 17, 2000, the Secretary shall, after consultation with organizations representing States, mental health and substance abuse treatment providers, prevention specialists, individuals receiving treatment services, and family members of such individuals, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Commerce of the House of Representatives, a report on prevention and treatment services for individuals who have co-occurring mental illness and substance abuse disorders.
(b) Report content
The report under subsection (a) shall be based on data collected from existing Federal and State surveys regarding the treatment of co-occurring mental illness and substance abuse disorders and shall include—
(1) a summary of the manner in which individuals with co-occurring disorders are receiving treatment, including the most up-to-date information available regarding the number of children and adults with co-occurring mental illness and substance abuse disorders and the manner in which funds provided under
(2) a summary of improvements necessary to ensure that individuals with co-occurring mental illness and substance abuse disorders receive the services they need;
(3) a summary of practices for preventing substance abuse among individuals who have a mental illness and are at risk of having or acquiring a substance abuse disorder; and
(4) a summary of evidenced-based practices for treating individuals with co-occurring mental illness and substance abuse disorders and recommendations for implementing such practices.
(c) Funds for report
The Secretary may obligate funds to carry out this section with such appropriations as are available.
(July 1, 1944, ch. 373, title V, §503A, as added
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
§290aa–3. Peer review
(a) In general
The Secretary, after consultation with the Assistant Secretary, shall require appropriate peer review of grants, cooperative agreements, and contracts to be administered through the agency which exceed the simple acquisition threshold as defined in
(b) Members
The members of any peer review group established under subsection (a) shall be individuals who by virtue of their training or experience are eminently qualified to perform the review functions of the group. Not more than one-fourth of the members of any such peer review group shall be officers or employees of the United States. In the case of any such peer review group that is reviewing a grant, cooperative agreement, or contract related to mental illness treatment, not less than half of the members of such peer review group shall be licensed and experienced professionals in the prevention, diagnosis, or treatment of, or recovery from, mental illness or co-occurring mental illness and substance use disorders and have a medical degree, a doctoral degree in psychology, or an advanced degree in nursing or social work from an accredited program, and the Secretary, in consultation with the Assistant Secretary, shall, to the extent possible, ensure such peer review groups include broad geographic representation, including both urban and rural representatives.
(c) Advisory council review
If the direct cost of a grant or cooperative agreement (described in subsection (a)) exceeds the simple acquisition threshold as defined by
(1) after peer review required under subsection (a); and
(2) by the appropriate advisory council.
(d) Conditions
The Secretary may establish limited exceptions to the limitations contained in this section regarding participation of Federal employees and advisory council approval. The circumstances under which the Secretary may make such an exception shall be made public.
(July 1, 1944, ch. 373, title V, §504, formerly §506, as added
Editorial Notes
Codification
In subsecs. (a) and (c), "
Section was formerly classified to
Prior Provisions
A prior section 290aa–3, act July 1, 1944, ch. 373, title V, §504, formerly title IV, §455, as added May 14, 1974,
A prior section 504 of act July 1, 1944, which was classified to
Amendments
2016—Subsec. (a).
Subsec. (b).
2000—
1998—Subsec. (d)(2).
1992—
1986—Subsec. (b).
1985—Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendments
Amendment by
Amendment by
§290aa–3a. Transferred
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §505, as added Oct. 27, 1986,
§290aa–4. Center for behavioral health statistics and quality
(a) In general
The Assistant Secretary shall maintain within the Administration a Center for Behavioral Health Statistics and Quality (in this section referred to as the "Center"). The Center shall be headed by a Director (in this section referred to as the "Director") appointed by the Secretary from among individuals with extensive experience and academic qualifications in research and analysis in behavioral health care or related fields.
(b) Requirement of annual collection of data on mental illness and substance abuse
The Director shall—
(1) coordinate the Administration's integrated data strategy, including by collecting data each year on—
(A) the national incidence and prevalence of the various forms of mental illness and substance abuse; and
(B) the incidence and prevalence of such various forms in major metropolitan areas selected by the Director.
(2) provide statistical and analytical support for activities of the Administration;
(3) recommend a core set of performance metrics to evaluate activities supported by the Administration; and
(4) coordinate with the Assistant Secretary, the Assistant Secretary for Planning and Evaluation, and the Chief Medical Officer appointed under
(c) Mental health
With respect to the activities of the Director under subsection (b)(1) relating to mental health, the Director shall ensure that such activities include, at a minimum, the collection of data on—
(1) the number and variety of public and nonprofit private treatment programs;
(2) the number and demographic characteristics of individuals receiving treatment through such programs;
(3) the type of care received by such individuals; and
(4) such other data as may be appropriate.
(d) Substance abuse
(1) In general
With respect to the activities of the Director under subsection (b)(1) relating to substance abuse, the Director shall ensure that such activities include, at a minimum, the collection of data on—
(A) the number of individuals admitted to the emergency rooms of hospitals as a result of the abuse of alcohol or other drugs;
(B) the number of deaths occurring as a result of substance abuse, as indicated in reports by coroners in coordination with the Centers for Disease Control and Prevention;
(C) the number and variety of public and private nonprofit treatment programs, including the number and type of patient slots available;
(D) the number of individuals seeking treatment through such programs, the number and demographic characteristics of individuals receiving such treatment, the percentage of individuals who complete such programs, and, with respect to individuals receiving such treatment, the length of time between an individual's request for treatment and the commencement of treatment;
(E) the number of such individuals who return for treatment after the completion of a prior treatment in such programs and the method of treatment utilized during the prior treatment;
(F) the number of individuals receiving public assistance for such treatment programs;
(G) the costs of the different types of treatment modalities for drug and alcohol abuse and the aggregate relative costs of each such treatment modality provided within a State in each fiscal year;
(H) to the extent of available information, the number of individuals receiving treatment for alcohol or drug abuse who have private insurance coverage for the costs of such treatment;
(I) the extent of alcohol and drug abuse among high school students and among the general population; and
(J) the number of alcohol and drug abuse counselors and other substance abuse treatment personnel employed in public and private treatment facilities.
(2) Annual surveys; public availability of data
Annual surveys shall be carried out in the collection of data under this subsection. Summaries and analyses of the data collected shall be made available to the public.
(e) Consultation
After consultation with the States and with appropriate national organizations, the Assistant Secretary shall use existing standards and best practices to develop uniform criteria for the collection of data, using the best available technology, pursuant to this section.
(July 1, 1944, ch. 373, title V, §505, formerly §509D, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 290aa–4, act July 1, 1944, ch. 373, title V, §506, formerly §505, as added Apr. 26, 1983,
A prior section 505 of act July 1, 1944, was renumbered section 502 by section 102 of
Another prior section 505 of act July 1, 1944, which was classified to
Amendments
2016—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
Subsec. (e).
1993—
1989—Subsec. (c)(1)(A).
Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
National Survey on Drug Use and Health
"(a)
"(b)
Reports on Consumption of Methamphetamine and Other Illicit Drugs
Public Health Monitoring of Methamphetamine Abuse
§290aa–5. Grants for the benefit of homeless individuals
(a) In general
The Secretary shall award grants, contracts and cooperative agreements to community-based public and private nonprofit entities for the purposes of providing mental health and substance use disorder services for homeless individuals. In carrying out this section, the Secretary shall consult with the Interagency Council on the Homeless 1, established under
(b) Preferences
In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall give a preference to—
(1) entities that provide integrated primary health, substance use disorder, and mental health services to homeless individuals;
(2) entities that demonstrate effectiveness in serving runaway, homeless, and street youth;
(3) entities that have experience in providing substance use disorder and mental health services to homeless individuals;
(4) entities that demonstrate experience in providing housing for individuals in treatment for or in recovery from mental illness or a substance use disorder; and
(5) entities that demonstrate effectiveness in serving homeless veterans.
(c) Services for certain individuals
In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall not—
(1) prohibit the provision of services under such subsection to homeless individuals who are suffering from a substance use disorder and are not suffering from a mental health disorder; and
(2) make payments under subsection (a) to any entity that has a policy of—
(A) excluding individuals from mental health services due to the existence or suspicion of a substance use disorder; or
(B) has a policy of excluding individuals from substance use disorder services due to the existence or suspicion of mental illness.
(d) Term of the awards
No entity may receive a grant, contract, or cooperative agreement under subsection (a) for more than 5 years.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $41,304,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §506, formerly §512, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 290aa–5, act July 1, 1944, ch. 373, title V, §507, formerly §506, as added Apr. 26, 1983,
A prior section 506 of act July 1, 1944, which was classified to
Amendments
2022—Subsec. (e).
2016—Subsec. (a).
Subsec. (b)(1), (3).
Subsec. (b)(4).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (e).
2000—
Subsec. (a).
1992—
1987—Subsecs. (c), (d).
Statutory Notes and Related Subsidiaries
Change of Name
Interagency Council on the Homeless changed to United States Interagency Council on Homelessness by
Effective Date of 1992 Amendment
Amendment by
1 See Change of Name note below.
§290aa–5a. Behavioral health and substance use disorder resources for Native Americans
(a) Definitions
In this section:
(1) The term "eligible entity" means any health program administered directly by the Indian Health Service, a Tribal health program, an Indian Tribe, a Tribal organization, an Urban Indian organization, and a Native Hawaiian health organization.
(2) The terms "Indian Tribe", "Tribal health program", "Tribal organization", and "Urban Indian organization" have the meanings given to the terms "Indian tribe", "Tribal 1 health program", "tribal organization", and "Urban Indian organization" in
(3) The term "health program administered directly by the Indian Health Service" means a "health program administered by the Service" 2 as such term is used in
(4) The term "Native Hawaiian health organization" means "Papa Ola Lokahi" as defined in
(b) Grant program
(1) In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Director of the Indian Health Service, as appropriate, shall award funds to eligible entities, in amounts developed in accordance with paragraph (2), to be used by the eligible entity to provide services for the prevention of, treatment of, and recovery from mental health and substance use disorders among American Indians, Alaska Natives, and Native Hawaiians.
(2) Formula
The Secretary, in consultation with the Director of the Indian Health Service, using the process described in subsection (d), shall develop a formula to determine the amount of an award under paragraph (1).
(3) Delivery of funds
On request from an Indian Tribe or Tribal organization, the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use and in coordination with the Director of the Indian Health Service, may award funds under this section through a contract or compact under, as applicable, title I or V of the Indian Self-Determination and Education Assistance Act.
(c) Technical assistance and program evaluation
(1) In general
The Secretary shall—
(A) provide technical assistance to applicants and awardees under this section; and
(B) in consultation with Indian Tribes and Tribal organizations, conference with Urban Indian organizations, and engagement with a Native Hawaiian health organization, identify and establish appropriate mechanisms for Indian Tribes and Tribal organizations, Urban Indian organizations, and a Native Hawaiian health organization to demonstrate outcomes and report data as required for participation in the program under this section.
(2) Data submission and reporting
As a condition of receipt of funds under this section, an applicant shall agree to submit program evaluation data and reports consistent with the data submission and reporting requirements developed under this subsection.
(d) Consultation
The Secretary shall, using an accountable process, consult with Indian Tribes and Tribal organizations, confer with Urban Indian organizations, and engage with a Native Hawaiian health organization regarding the development of funding allocations pursuant to subsection (b)(2) and program evaluation and reporting requirements pursuant to subsection (c). In establishing such requirements, the Secretary shall seek to minimize administrative burden for eligible entities, as practicable.
(e) Application
An entity desiring an award under subsection (b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(f) Report
Not later than 3 years after December 29, 2022, the Secretary shall prepare and submit, to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the services provided pursuant to this section.
(g) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $80,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §506A, as added
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(3), is
Amendments
2022—
1 So in original. Probably should be "tribal".
2 So in original. Probably should be " 'health program administered directly by the Service' ".
§290aa–5b. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §506B, as added
§§290aa–6 to 290aa–8. Transferred
Editorial Notes
Codification
Section 290aa–6, act July 1, 1944, ch. 373, title V, §508, as added Oct. 27, 1986,
Section 290aa–7, act July 1, 1944, ch. 373, title V, §509, as added Oct. 27, 1986,
Section 290aa–8, act July 1, 1944, ch. 373, title V, §509A, as added Oct. 27, 1986,
§§290aa–9, 290aa–10. Repealed. Pub. L. 102–321, title I, §120(a), July 10, 1992, 106 Stat. 358
Section 290aa–9, act July 1, 1944, ch. 373, title V, §509B, as added Oct. 27, 1986,
Section 290aa–10, act July 1, 1944, ch. 373, title V, §509C, as added Oct. 27, 1986,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290aa–11. Transferred
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §509D, as added Nov. 18, 1988,
§§290aa–12 to 290aa–14. Repealed. Pub. L. 102–321, title I, §120(a), July 10, 1992, 106 Stat. 358
Section 290aa–12, act July 1, 1944, ch. 373, title V, §509E, as added Nov. 18, 1988,
Section 290aa–13, act July 1, 1944, ch. 373, title V, §509F, as added Nov. 18, 1988,
Section 290aa–14, act July 1, 1944, ch. 373, title V, §509G, as added Nov. 18, 1988,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290aa–15. Department of Health and Human Services grant accountability
(1) Definitions
In this section:
(A) Applicable committees
The term "applicable committees" means—
(i) the Committee on Health, Education, Labor and Pensions of the Senate; and
(ii) the Committee on Energy and Commerce of the House of Representatives.
(B) Covered grant
The term "covered grant" means a grant awarded by the Secretary under a program established under this Act (or an amendment made by this Act, other than sections 703 through 707), including any grant administered by the Administrator of the Substance Abuse and Mental Health Services Administration under
(C) Grantee
The term "grantee" means the recipient of a covered grant.
(D) Secretary
The term "Secretary" means the Secretary of Health and Human Services.
(2) Accountability measures
Each covered grant shall be subject to the following accountability requirements:
(A) Effectiveness report
The Secretary shall require grantees to report on the effectiveness of the activities carried out with amounts made available to carry out the program under which the covered grant is awarded, including the number of persons served by such grant, if applicable, the number of persons seeking services who could not be served by such grant, and such other information as the Secretary may prescribe.
(B) Report on prevention of fraud, waste, and abuse
(i) In general
Not later than 1 year after July 22, 2016, the Secretary, in coordination with the Inspector General of the Department of Health and Human Services, shall submit to the applicable committees a report on the policies and procedures the Department has in place to prevent waste, fraud, and abuse in the administration of covered grants.
(ii) Contents
The policies and procedures referred to in clause (i) shall include policies and procedures that are designed to—
(I) prevent grantees from utilizing funds awarded through a covered grant for unauthorized expenditures or otherwise unallowable costs; and
(II) ensure grantees will not receive unwarranted duplicate grants for the same purpose.
(C) Conference expenditures
(i) In general
No amounts made available to the Secretary under this Act (or in a provision of law amended by this Act, other than sections 703 through 707) may be used by the Secretary, or by any individual or entity awarded discretionary funds through a cooperative agreement under a program established under this Act (or in a provision of law amended by this Act), to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Secretary, unless the head of the relevant operating division or program office provides prior written authorization that the funds may be expended to host or support the conference. Such written authorization shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.
(ii) Report
The Secretary (or the Secretary's designee) shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary under this subparagraph.
(
Editorial Notes
References in Text
This Act, referred to in pars. (1)(B) and (2)(C)(i), is
Codification
Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Additional Report
§290aa–16. Evaluation of performance of Department of Health and Human Services programs
(1) Evaluations
(A) In general
Not later than 5 years after July 22, 2016, except as otherwise provided in this section,1 the Secretary of Health and Human Services (in this section referred to as the "Secretary") shall complete an evaluation of any program administered by the Secretary included in this Act (or an amendment made by this Act, excluding sections 703 through 707), including any grant administered by the Administrator of the Substance Abuse and Mental Health Services Administration under
(B) Publication
With respect to each evaluation completed under subparagraph (A), the Secretary shall, not later than 90 days after the date on which such evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the appropriate committees. Such report shall also be published along with the data used to make such evaluation.
(2) Metrics and outcomes
(A) In general
Not later than 180 days after July 22, 2016, the Secretary shall identify—
(i) outcomes that are to be achieved by activities funded by the programs described in paragraph (1)(A); and
(ii) the metrics by which the achievement of such outcomes shall be determined.
(B) Publication
The Secretary shall, not later than 30 days after completion of the requirement under subparagraph (A), publish the outcomes and metrics identified under such subparagraph.
(3) Metrics data collection
The Secretary shall require grantees under the programs described in paragraph (1)(A) to collect, and annually report to the Secretary, data based upon the metrics identified under paragraph (2)(A).
(4) Independent evaluation
For purposes of paragraph (1), the Secretary shall—
(A) enter into an arrangement with the National Academy of Sciences; or
(B) enter into a contract or cooperative agreement with an entity that—
(i) is not an agency of the Federal Government; and
(ii) is qualified to conduct and evaluate research pertaining to opioid use and abuse and draw conclusions about overall opioid use and abuse on the basis of that research.
(5) Exception
If a program described in paragraph (1)(A) is subject to an evaluation similar to the evaluation required under such paragraph pursuant to another provision of Federal law, the Secretary may opt not to conduct an evaluation under such paragraph with respect to such program.
(
Editorial Notes
References in Text
This section, the first time appearing in par. (1)(A), is section 701 of
This Act, referred to in par. (1)(A), is
Codification
Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Public Health Service Act which comprises this chapter.
1 See References in Text note below.
§290aa–17. Assisted outpatient treatment grant program for individuals with serious mental illness
(a) In general
The Secretary shall establish a program to award not more than 50 grants each year to eligible entities for assisted outpatient treatment programs for individuals with serious mental illness.
(b) Consultation
The Secretary shall carry out this section in consultation with the Director of the National Institute of Mental Health, the Attorney General of the United States, the Administrator of the Administration for Community Living, and the Administrator of the Substance Abuse and Mental Health Services Administration.
(c) Selecting among applicants
The Secretary—
(1) may only award grants under this section to applicants that have not previously implemented an assisted outpatient treatment program; and
(2) shall evaluate applicants based on their potential to reduce hospitalization, homelessness, incarceration, and interaction with the criminal justice system while improving the health and social outcomes of the patient.
(d) Use of grant
An assisted outpatient treatment program funded with a grant awarded under this section shall include—
(1) evaluating the medical and social needs of the patients who are participating in the program;
(2) preparing and executing treatment plans for such patients that—
(A) include criteria for completion of court-ordered treatment; and
(B) provide for monitoring of the patient's compliance with the treatment plan, including compliance with medication and other treatment regimens;
(3) providing for such patients case management services that support the treatment plan;
(4) ensuring appropriate referrals to medical and social service providers;
(5) evaluating the process for implementing the program to ensure consistency with the patient's needs and State law; and
(6) measuring treatment outcomes, including health and social outcomes such as rates of incarceration, health care utilization, and homelessness.
(e) Report
Not later than the end of fiscal year 2023, and biennially thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the grant program under this section. Each such report shall include an evaluation of the following:
(1) Cost savings and public health outcomes such as mortality, suicide, substance abuse, hospitalization, and use of services.
(2) Rates of incarceration by patients.
(3) Rates of homelessness among patients.
(4) Patient and family satisfaction with program participation.
(5) Demographic information regarding participation of those served by the grant compared to demographic information in the population of the grant recipient.
(f) Definitions
In this section:
(1) The term "assisted outpatient treatment" means medically prescribed mental health treatment that a patient receives while living in a community under the terms of a law authorizing a State or local court to order such treatment.
(2) The term "eligible entity" means a county, city, mental health system, mental health court, or any other entity with authority under the law of the State in which the grantee is located to implement, monitor, and oversee assisted outpatient treatment programs.
(3) The term "Secretary" means the Secretary of Health and Human Services.
(g) Funding
(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 fiscal years 2023 through 2027. Subject to the preceding sentence, the Secretary shall determine the amount of each grant based on the population of the area, including estimated patients, to be served under the grant.
(2) Authorization of appropriations
There is authorized to be appropriated to carry out this section $22,000,000 for each of fiscal years 2023 through 2027.
(
Editorial Notes
Codification
Section was formerly classified as a note under
Section was enacted as part of the Protecting Access to Medicare Act of 2014, and not as part of the Public Health Service Act which comprises this chapter.
Amendments
2022—Subsec. (a).
Subsec. (e).
Subsec. (e)(5).
Subsec. (g)(1).
Subsec. (g)(2).
2016—Subsec. (e).
Subsec. (g)(1).
Subsec. (g)(2).
§290aa–18. Limitations on authority
In carrying out any program of the Substance Abuse and Mental Health Services Administration whose statutory authorization is enacted or amended by this title, the Secretary of Health and Human Services shall not allocate funding, or require award recipients to prioritize, dedicate, or allocate funding, without consideration of the incidence, prevalence, or determinants of mental health or substance use issues, unless such allocation or requirement is consistent with statute, regulation, or other Federal law.
(
Editorial Notes
References in Text
This title, referred to in text, is title I of div. FF of
Codification
Section was enacted as part of the Restoring Hope for Mental Health and Well-Being Act of 2022 and also as part of the Health Extenders, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter.