1. U.S. Code
  2. title 42
  3. chapter 6A
  4. subchapter III-A
  5. part A
  6. § 290aa

Collapse to view only § 290aa. Substance Abuse and Mental Health Services Administration

§ 290aa. Substance Abuse and Mental Health Services Administration
(a) Establishment
(b) CentersThe 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
(2) Deputy Assistant Secretary
(d) AuthoritiesThe 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 sections 290dd–1 and 290dd–2 of this title;
(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 section 247d of this title, including in consultation with, as appropriate, the Assistant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant agencies, in preparing for, and responding to, a public health emergency;
(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
1 So in original. Two pars. (26) have been enacted.
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 section 290ee–5(e)(2)(B) of this title), and other relevant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.
(e) Associate Administrator for Alcohol Prevention and Treatment Policy
(1) In general
(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
(2) DutiesThe 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
(5) DefinitionFor 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
(2) Eligible candidatesThe 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) DutiesThe 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
(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 sections 5724, 5724a(a), 5724a(c), and 5726(c) of title 5.
(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
(j) Voluntary services
(k) Administration
(l) Strategic plan
(1) In general
(2) Coordination
(3) Publication of planNot 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) ContentsThe 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 section 5304 of title 25);
(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 section 300hh–1(b)(4) of this title), during, or in response to, public health emergencies declared pursuant to section 247d of this title.
(m) Biennial report concerning activities and progressNot 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 section 247d of this title;
(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 section 290aa–0(e) of this title, with respect to mental and substance use disorders, including—
(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 span 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 contractsWith 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
(2) Exceptions
(3) Emergencies
(4) Emergency response
(p) Limitation on the use of certain information
(q) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 501, formerly Pub. L. 93–282, title II, § 201, May 14, 1974, 88 Stat. 134, as amended Pub. L. 94–371, § 8, July 26, 1976, 90 Stat. 1040; renumbered § 501 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(2), Apr. 26, 1983, 97 Stat. 176; Pub. L. 98–509, title II, § 201, title III, § 301(c)(1), Oct. 19, 1984, 98 Stat. 2359, 2364; Pub. L. 99–570, title IV, § 4003, Oct. 27, 1986, 100 Stat. 3207–106; Pub. L. 100–690, title II, § 2058(a)(2), Nov. 18, 1988, 102 Stat. 4213; Pub. L. 101–93, § 3(f), Aug. 16, 1989, 103 Stat. 611; Pub. L. 102–321, title I, § 101(a), July 10, 1992, 106 Stat. 324; Pub. L. 104–201, div. A, title XVII, § 1723(a)(3)(A), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 106–129, § 2(b)(2), Dec. 6, 1999, 113 Stat. 1670; Pub. L. 106–310, div. B, title XXXI, § 3102, title XXXIV, § 3401(a), Oct. 17, 2000, 114 Stat. 1170, 1218; Pub. L. 108–173, title IX, § 900(e)(2)(A), Dec. 8, 2003, 117 Stat. 2372; Pub. L. 111–148, title III, § 3509(d), Mar. 23, 2010, 124 Stat. 534; Pub. L. 114–255, div. B, title VI, §§ 6001(a), (c)(2), 6002, 6003, 6005, 6006(a), Dec. 13, 2016, 130 Stat. 1202–1206, 1209, 1210; Pub. L. 117–286, § 4(a)(236), Dec. 27, 2022, 136 Stat. 4331; Pub. L. 117–328, div. FF, title I, §§ 1121(c)(2)(A), 1231, title II, § 2112(a)–(c), Dec. 29, 2022, 136 Stat. 5650, 5673, 5721.)

CITE AS: 42 USC 290aa

§ 290aa–0. National Mental Health and Substance Use Policy Laboratory
(a) In general
(b) ResponsibilitiesThe 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 generalIn 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) ConsultationIn carrying out this section, the Laboratory shall consult with—
(A) the Chief Medical Officer appointed under section 290aa(g) of this title;
(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
(e) Promoting innovation
(1) In generalThe 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 section 5304 of title 25), educational institutions, and nonprofit organizations to develop evidence-based interventions, including culturally and linguistically appropriate services, as appropriate, for—
(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
(f) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 501A, as added Pub. L. 114–255, div. B, title VII, § 7001, Dec. 13, 2016, 130 Stat. 1220; amended Pub. L. 115–271, title VII, § 7111, Oct. 24, 2018, 132 Stat. 4042; Pub. L. 117–328, div. FF, title I, § 1121(a), Dec. 29, 2022, 136 Stat. 5647.)

CITE AS: 42 USC 290aa-0

§ 290aa–0a. Behavioral health crisis coordinating office
(a) In general
(b) DutyThe 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 section 1395x(ff)(3)(B) of this title);
(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
(July 1, 1944, ch. 373, title V, § 501B, as added Pub. L. 117–328, div. FF, title I, § 1101, Dec. 29, 2022, 136 Stat. 5635.)

CITE AS: 42 USC 290aa-0a

§ 290aa–0b. Interdepartmental Serious Mental Illness Coordinating Committee
(a) Establishment
(1) In general
(2) Federal Advisory Committee Act
(b) Meetings
(c) ResponsibilitiesNot 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 membersThe 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 membersThe 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
(e) Working groups
(f) Sunset
(July 1, 1944, ch. 373, title V, § 501C, as added Pub. L. 117–328, div. FF, title I, § 1121(c)(1), Dec. 29, 2022, 136 Stat. 5648.)

CITE AS: 42 USC 290aa-0b

§ 290aa–1. Advisory councils
(a) Appointment
(1) In generalThe 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 activitiesAn 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 section 290aa–3(d)(2) of this title and recommend for approval applications for projects that show promise of making valuable contributions to the Administration’s mission; and
(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
(2) Ex officio membersThe 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 section 290aa(g) of this title;
(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 membersIndividuals 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
(c) Terms of office
(1) In general
(2) Reappointments
(3) Time for appointment
(d) Chair
(e) Meetings
(f) Executive Secretary and staff
(July 1, 1944, ch. 373, title V, § 502, formerly § 505, as added Pub. L. 99–570, title IV, § 4004(a), Oct. 27, 1986, 100 Stat. 3207–109; amended Pub. L. 100–527, § 10(4), Oct. 25, 1988, 102 Stat. 2641; Pub. L. 101–381, title I, § 102(6), Aug. 18, 1990, 104 Stat. 586; renumbered § 502 and amended Pub. L. 102–321, title I, § 102, July 10, 1992, 106 Stat. 331; Pub. L. 102–352, § 2(a)(6), Aug. 26, 1992, 106 Stat. 938; Pub. L. 103–446, title XII, § 1203(a)(1), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 106–310, div. B, title XXXIV, § 3402, Oct. 17, 2000, 114 Stat. 1219; Pub. L. 114–255, div. B, title VI, §§ 6001(c)(2), 6008, Dec. 13, 2016, 130 Stat. 1203, 1214.)

CITE AS: 42 USC 290aa-1

§ 290aa–2. Omitted

CITE AS: 42 USC 290aa-2

§ 290aa–2a. Report on individuals with co-occurring mental illness and substance abuse disorders
(a) In general
(b) Report span
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 sections 300x and 300x–21 of this title are being utilized, including the number of such children and adults served with such funds;
(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
(July 1, 1944, ch. 373, title V, § 503A, as added Pub. L. 106–310, div. B, title XXXIV, § 3406, Oct. 17, 2000, 114 Stat. 1221.)

CITE AS: 42 USC 290aa-2a

§ 290aa–3. Peer review
(a) In general
(b) Members
(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 section 134 of title 41, the Secretary may make such a grant or cooperative agreement only if such grant or cooperative agreement is recommended—
(1) after peer review required under subsection (a); and
(2) by the appropriate advisory council.
(d) Conditions
(July 1, 1944, ch. 373, title V, § 504, formerly § 506, as added Pub. L. 98–24, § 2(b)(7), Apr. 26, 1983, 97 Stat. 178; amended Pub. L. 99–158, § 3(c), Nov. 20, 1985, 99 Stat. 879; renumbered § 507 and amended Pub. L. 99–570, title IV, §§ 4004(a), 4007, Oct. 27, 1986, 100 Stat. 3207–109, 3207–115; renumbered § 504 and amended Pub. L. 102–321, title I, § 104, July 10, 1992, 106 Stat. 333; Pub. L. 102–352, § 2(a)(7), Aug. 26, 1992, 106 Stat. 938; Pub. L. 105–392, title IV, § 412, Nov. 13, 1998, 112 Stat. 3590; Pub. L. 106–310, div. B, title XXXIV, § 3401(b), Oct. 17, 2000, 114 Stat. 1218; Pub. L. 114–255, div. B, title VI, §§ 6001(c)(2), 6009, Dec. 13, 2016, 130 Stat. 1203, 1215.)

CITE AS: 42 USC 290aa-3

§ 290aa–3a. Transferred

CITE AS: 42 USC 290aa-3a

§ 290aa–4. Center for behavioral health statistics and quality
(a) In general
(b) Requirement of annual collection of data on mental illness and substance abuseThe 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 section 290aa(g) of this title, as appropriate, to improve the quality of services provided by programs of the Administration and the evaluation of activities carried out by the Administration.
(c) Mental healthWith 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 generalWith 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
(e) Consultation
(July 1, 1944, ch. 373, title V, § 505, formerly § 509D, as added Pub. L. 100–690, title II, § 2052(a), Nov. 18, 1988, 102 Stat. 4207; amended Pub. L. 101–93, § 3(b), Aug. 16, 1989, 103 Stat. 609; renumbered § 505, Pub. L. 102–321, title I, § 105, July 10, 1992, 106 Stat. 334; Pub. L. 103–43, title XX, § 2010(b)(7), June 10, 1993, 107 Stat. 214; Pub. L. 114–255, div. B, title VI, §§ 6001(c)(2), 6004, Dec. 13, 2016, 130 Stat. 1203, 1207.)

CITE AS: 42 USC 290aa-4

§ 290aa–5. Grants for the benefit of homeless individuals
(a) In general
(b) PreferencesIn 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 individualsIn 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
(e) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 506, formerly § 512, as added Pub. L. 98–509, title II, § 206(a), Oct. 19, 1984, 98 Stat. 2361; amended Pub. L. 100–77, title VI, § 613(a), (b), July 22, 1987, 101 Stat. 524; renumbered § 506 and amended Pub. L. 102–321, title I, § 106, July 10, 1992, 106 Stat. 334; Pub. L. 106–310, div. B, title XXXII, § 3202, Oct. 17, 2000, 114 Stat. 1190; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 114–255, div. B, title IX, § 9001, Dec. 13, 2016, 130 Stat. 1234; Pub. L. 117–328, div. FF, title I, § 1211, Dec. 29, 2022, 136 Stat. 5661.)

CITE AS: 42 USC 290aa-5

§ 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
1 So in original. Probably should be “tribal”.
health program”, “tribal organization”, and “Urban Indian organization” in section 1603 of title 25.
(3) The term “health program administered directly by the Indian Health Service” means a “health program administered by the Service” 2
2 So in original. Probably should be “ ‘health program administered directly by the Service’ ”.
as such term is used in section 1603(12)(A) of title 25.
(4) The term “Native Hawaiian health organization” means “Papa Ola Lokahi” as defined in section 11711 of this title.
(b) Grant program
(1) In general
(2) Formula
(3) Delivery of funds
(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
(d) Consultation
(e) Application
(f) Report
(g) Authorization of appropriations
(July 1, 1944, ch. 373, title V, § 506A, as added Pub. L. 106–310, div. B, title XXXIII, § 3306, Oct. 17, 2000, 114 Stat. 1215; amended Pub. L. 117–328, div. FF, title I, § 1201, Dec. 29, 2022, 136 Stat. 5659.)

CITE AS: 42 USC 290aa-5a

§ 290aa–5b. Repealed. Pub. L. 114–255, div. B, title IX, § 9017, Dec. 13, 2016, 130 Stat. 1248

CITE AS: 42 USC 290aa-5b

§§ 290aa–6 to 290aa–8. Transferred

CITE AS: 42 USC 290aa-6 to 290aa-8

§§ 290aa–9, 290aa–10. Repealed. Pub. L. 102–321, title I, § 120(a), July 10, 1992, 106 Stat. 358

CITE AS: 42 USC 290aa-9, 290aa-10

§ 290aa–11. Transferred

CITE AS: 42 USC 290aa-11

§§ 290aa–12 to 290aa–14. Repealed. Pub. L. 102–321, title I, § 120(a), July 10, 1992, 106 Stat. 358

CITE AS: 42 USC 290aa-12 to 290aa-14

§ 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
(C) Grantee
(D) Secretary
(2) Accountability measures
Each covered grant shall be subject to the following accountability requirements:
(A) Effectiveness report
(B) Report on prevention of fraud, waste, and abuse
(i) In general
(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
(ii) Report
(Pub. L. 114–198, title VII, § 701(c), July 22, 2016, 130 Stat. 738.)

CITE AS: 42 USC 290aa-15

§ 290aa–16. Evaluation of performance of Department of Health and Human Services programs
(1) Evaluations
(A) In general
(B) Publication
(2) Metrics and outcomes
(A) In generalNot 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
(3) Metrics data collection
(4) Independent evaluationFor 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
(Pub. L. 114–198, title VII, § 701(d), July 22, 2016, 130 Stat. 739.)

CITE AS: 42 USC 290aa-16

§ 290aa–17. Assisted outpatient treatment grant program for individuals with serious mental illness
(a) In general
(b) Consultation
(c) Selecting among applicantsThe 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 grantAn 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) ReportNot 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) DefinitionsIn 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
(2) Authorization of appropriations
(Pub. L. 113–93, title II, § 224, Apr. 1, 2014, 128 Stat. 1083; Pub. L. 114–255, div. B, title IX, § 9014, Dec. 13, 2016, 130 Stat. 1245; Pub. L. 117–328, div. FF, title I, § 1123(b)(1), Dec. 29, 2022, 136 Stat. 5653.)

CITE AS: 42 USC 290aa-17

§ 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.

(Pub. L. 117–328, div. FF, title I, § 1501, Dec. 29, 2022, 136 Stat. 5706.)

CITE AS: 42 USC 290aa-18