Library / Laws / 113th / hr / H.R. 2910 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2910
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mr. Waxman (for
himself, Mr. Pallone,
Mrs. Capps,
Ms. Schakowsky,
Ms. Matsui,
Mrs. Napolitano, and
Mr. Danny K. Davis of Illinois)
introduced the following bill; which was referred to the
Committee on Energy and
Commerce, and in addition to the Committees on
Ways and Means and
Education and the
Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
A BILL
To protect American children and their families from the
epidemic of gun violence by banning access to certain weapons, strengthening
the Nation’s mental health infrastructure, and improving the understanding of
gun violence.
1.
Short title; table of
contents
(a)
Short
title
This Act may be cited
as the Gun Violence Prevention and
Reduction Act of 2013.
(b)
Table of
contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Banning Access to Do-It-Yourself Assault
Weapons
Sec. 101. Do-it-yourself assault weapon ban.
Sec. 102. Prohibition of advertising do-it-yourself assault
weapons.
Sec. 103. Definitions.
Sec. 104. Construction.
Title II—Strengthening the Nation’s Mental Health Infrastructure
Subtitle A—Advancing Research on Serious Mental
Illness
Sec. 201. National Institute of Mental Health research program
on serious mental illness.
Subtitle B—Improving the Mental Health Workforce
Sec. 211. National Health Service Corps scholarship and loan
repayment funding for behavioral and mental health professionals.
Sec. 212. Reauthorization of HRSA’s Mental and Behavioral
Health Education and Training Program.
Sec. 213. Mental health awareness training for school and
emergency services personnel.
Sec. 214. SAMHSA grant program for development and
implementation of curricula for continuing education on serious mental
illness.
Sec. 215. Clarification of HIPAA training requirements
regarding disclosure of protected health information concerning individuals
with mental health disorders.
Subtitle C—Expanding Access to Mental Health
Services
Sec. 221. Advancing Wellness and Resilience in Education
(AWARE) Initiative.
Sec. 222. SAMHSA and HRSA integration of mental health services
into primary care settings.
Sec. 223. Children’s recovery from trauma.
Sec. 224. Information on geriatric mental health
disorders.
Sec. 225. GAO study on availability of inpatient
beds.
Sec. 226. Reporting requirements for block grants regarding
mental health and substance use disorders.
Sec. 227. Mental health parity.
Subtitle D—Promoting Public Awareness of Mental Health
Disorders and Reducing Stigma of Such Disorders
Sec. 231. Promoting public awareness of mental health disorders
and reducing stigma of such disorders.
Title III—Understanding the Epidemic of Gun Violence
Sec. 301. Reaffirming CDC research authority.
Sec. 302. National violent death reporting system.
Sec. 303. Protecting confidential doctor-patient
relationship.
I
Banning Access to
Do-It-Yourself Assault Weapons
101.
Do-it-yourself
assault weapon ban
(a)
Banned hazardous
products
Notwithstanding
section 3(a)(5)(E) of the Consumer Product Safety Act (15 U.S.C.
2052(A)(5)(E)), a firearm receiver casting or firearm receiver blank
that—
(1) at the point of
sale does not meet the definition of a firearm in section 921(a) of title 18,
United States Code, and
(2) after purchase by a consumer, can be
completed by the consumer to the point at which such casting or blank functions
as a firearm frame or receiver for a semiautomatic assault weapon or machine
gun,
shall be
considered a banned hazardous product under section 8 of such Act (15 U.S.C.
2057).
(b)
Prohibited
Acts
It shall be unlawful for any person to sell, offer for sale,
manufacture for sale, or import into the United States for sale, to a
consumer—
(1) an assault weapon
parts kit; or
(2) a
machinegun parts kit.
(c)
Enforcement
(1) Subsection (a) shall be treated as a ban
under section 19 of the Consumer Product Safety Act (15 U.S.C. 2068).
(2) Notwithstanding section 3(a)(5)(E) of the
Consumer Product Safety Act (15 U.S.C. 2052(A)(5)(E)), a violation of
subsection (b) shall be treated as a violation of section 19 of such Act and
any person who violates such subsection shall be subject to the penalties set
forth in section 20 of such Act.
(d)
Consultation
In
enforcing this section, the Consumer Product Safety Commission shall
periodically consult with the Bureau of Alcohol, Tobacco, Firearms and
Explosives regarding effective strategies for and methods of
enforcement.
102.
Prohibition of
advertising do-it-yourself assault weapons
(a)
In
general
It shall be unlawful
to market or advertise, on any medium of electronic communications, including
over the Internet, for the sale of any of the following:
(1) A firearm receiver casting or firearm
receiver blank that—
(A) at the point of
sale does not meet the definition of a firearm in section 921(a) of title 18,
United States Code; and
(B) after purchase by
a consumer, can be completed by the consumer to the point at which it functions
as a firearm frame or receiver for a semiautomatic assault weapon or
machinegun.
(2) An assault weapon
parts kit.
(3) A
machinegun parts kit.
(b)
Enforcement by
the Federal Trade Commission
A violation of subsection (a) shall be
treated as a violation of a rule defining an unfair or deceptive act or
practice described under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this
section in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of this Act.
(c)
Rule of
construction
Nothing
contained in this title shall be construed to limit the authority of the
Federal Trade Commission under any other provision of law.
103.
Definitions
(a)
Terms
For purposes of this title—
(1) the term assault weapon parts
kit means any part or combination of parts not designed and intended for
repair or replacement but designed and intended to enable a consumer who
possesses all such necessary parts to assemble a semiautomatic assault
weapon;
(2) the term machinegun parts kit
means any part or combination of parts designed and intended to enable a
consumer who possesses all such necessary parts to assemble a machinegun or
convert a firearm into a machinegun;
(3) the term semiautomatic assault
weapon means—
(A) a semiautomatic
rifle or semiautomatic shotgun that has the capacity to accept a detachable
ammunition magazine; or
(B) a semiautomatic
pistol that has—
(i) the
capacity to accept a detachable ammunition magazine; and
(ii) any one of the features described in
subsection (b);
(4) the term machinegun has the
meaning given such term in section 5845(b) of title 26, United States
Code;
(5) the term
semiautomatic pistol means any repeating pistol that utilizes a
portion of the energy of a firing cartridge to extract the fixed cartridge case
and chamber the next round and requires a separate pull of the trigger to fire
each cartridge;
(6) the term
semiautomatic rifle has the meaning given such term in section
921(a)(28) of title 18, United States Code; and
(7) the term
semiautomatic shotgun means any repeating shotgun that utilizes a
portion of the energy of a firing cartridge to extract the fixed cartridge case
and chamber the next round and requires a separate pull of a trigger to fire
each cartridge.
(b)
Special features
of a semiautomatic pistol
The special features described in
paragraph (3)(B)(ii) are—
(1) an ammunition magazine that attaches to the
pistol outside of the pistol grip;
(2) a
threaded barrel capable of accepting a barrel extender, flash suppressor,
forward handgrip, or silencer;
(3) a
shroud that is attached to, or partially or completely encircles, the barrel
and that permits the shooter to hold the firearm with the nontrigger hand
without being burned;
(4) a
manufactured weight of 50 ounces or more when the pistol is unloaded;
and
(5) a
semiautomatic version of an automatic firearm.
104.
Construction
Nothing in this title shall be construed as
limiting the ability of a State to enact more restrictive gun-related laws, or
bans on firearm receiver casts, firearm receiver blanks, assault weapon parts
kits, or machinegun parts kits.
II
Strengthening the
Nation’s Mental Health Infrastructure
A
Advancing Research
on Serious Mental Illness
201.
National
Institute of Mental Health research program on serious mental illness
(a)
Purpose of
Institute
Section 464R(a) of
the Public Health Service Act (42 U.S.C. 285p(a)) is amended by inserting
serious mental illness research, after biomedical and
behavioral research,.
(b)
Research
program
Section 464R(b) of
the Public Health Service Act (42 U.S.C. 285p(b)) is amended—
(1) by striking
The research program and inserting the following:
(1)
In
general
The research
program
;
(2) by striking
to further the treatment and prevention of mental illness and
inserting to further the treatment and prevention of mental illness
(including serious mental illness); and
(3) by adding at the
end the following:
(2)
Research with
respect to serious mental illness
As part of the research program established
under this subpart, the Director of the Institute shall conduct or support
research on serious mental illness, including with respect to—
(A) the causes,
prevention, and treatment of serious mental illness; and
(B) interventions to improve early
identification of individuals with serious mental illness and referral of such
individuals to mental health professionals for
treatment.
.
(c)
Biennial
report
Section 403(a)(5) of the Public Health Service Act (42
U.S.C. 283(a)(5)) is amended—
(1) by redesignating
subparagraph (L) as subparagraph (M); and
(2) by inserting after
subparagraph (K) the following:
(L) Serious mental
illness.
.
B
Improving the
Mental Health Workforce
211.
National Health
Service Corps scholarship and loan repayment funding for behavioral and mental
health professionals
Section
338H of the Public Health Service Act (42 U.S.C. 254q) is amended—
(1) by redesignating
subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after
subsection (a) the following:
(b)
Additional
funding for behavioral and mental health professionals
In addition to the amounts authorized to be
appropriated under subsection (a), and in addition to the amounts appropriated
under section 10503 of Public Law 111–148, there are authorized to be
appropriated such sums as may be necessary for fiscal years 2014 through 2018
for scholarships and loan repayments under this subpart for ensuring, as
described in sections 338A(a) and 338B(a), an adequate supply of behavioral and
mental health
professionals.
.
212.
Reauthorization
of HRSA’s Mental and Behavioral Health Education and Training
Program
Subsection (e) of
section 756 of the Public Health Service Act (42 U.S.C. 294e–1) is amended to
read as follows:
(e)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated such sums as may be
necessary for fiscal years 2014 through
2018.
.
213.
Mental health
awareness training for school and emergency services personnel
Section 520J of the Public Health Service
Act (42 U.S.C.
290bb–41) is amended—
(1) in the section
heading, by inserting Mental
health awareness before Training; and
(2) in subsection
(b)—
(A) in the subsection
heading, by striking illness and inserting
health;
(B) in paragraph
(1)—
(i) by
inserting and other categories of individuals, as determined by the
Secretary, after emergency services personnel;
and
(ii) by striking
mental illness each place it appears and inserting mental
health disorder;
(C) in paragraph
(5)—
(i) in the matter
preceding subparagraph (A), by striking to and inserting
for evidence-based programs for the purpose of; and
(ii) by striking
subparagraphs (A) through (C) and inserting the following:
(A) recognizing the
signs and symptoms of mental health disorders; and
(B)
(i) providing education to
personnel regarding resources available in the community for individuals with a
mental health disorder and other relevant resources; or
(ii) the safe de-escalation of crisis
situations involving individuals with a mental health
disorder.
;
and
(D) by amending
paragraph (7) to read as follows:
(7)
Authorization of
appropriations
There are
authorized to be appropriated to carry out this subsection such sums as may be
necessary for fiscal years 2014 through
2018.
.
214.
SAMHSA grant
program for development and implementation of curricula for continuing
education on serious mental illness
Title V of the Public Health Service Act is
amended by inserting after section 520I (42 U.S.C. 290bb–40) the
following:
520I–1.
Curricula
for continuing education on serious mental illness
(a)
Grants
The Secretary may award grants to eligible
entities for the development and implementation of curricula for providing
continuing education and training to health care professionals on identifying,
referring, and treating individuals with serious mental illness.
(b)
Eligible
entities
To be eligible to seek a grant under this section, an
entity shall be a public or nonprofit entity that—
(1) provides
continuing education or training to health care professionals; or
(2) applies for the
grant in partnership with another entity that provides such education and
training.
(c)
Preference
In
awarding grants under this section, the Secretary shall give preference to
eligible entities proposing to develop and implement curricula for providing
continuing education and training to—
(1) health care
professionals in primary care specialities; or
(2) health care
professionals who are required, as a condition of State licensure, to
participate in continuing education or training specific to mental
health.
(d)
Authorization of
appropriations
To carry out this section, there are authorized to
be appropriated such sums as may be necessary for fiscal years 2014 through
2018.
.
215.
Clarification
of HIPAA training requirements regarding disclosure of protected health
information concerning individuals with mental health disorders
Not later than 6 months after the date of
enactment of this Act, the Secretary of Health and Human Services shall issue
guidance regarding the requirements of section 164.530(b) of title 45, Code of
Federal Regulations, so as to ensure that training under such section includes
a clear explanation of the circumstances under which health care professionals
and other covered entities (as such term is defined for purposes of regulations
promulgated under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996) are permitted or required to disclose protected
health information concerning individuals with a mental health disorder.
C
Expanding Access
to Mental Health Services
221.
Advancing
Wellness and Resilience in Education (AWARE) Initiative
(a)
Children and
adolescents, violence, and school- and community-Based mental health
(1)
In
general
The first section 581 (in the first part G relating to
projects for children and violence) of the Public Health Service Act
(42 U.S.C. 290hh)
is amended to read as follows:
581.
Children and
adolescents, violence, and school- and community-based mental health
(a)
In
general
The Secretary shall,
directly or through grants, contracts, or cooperative agreements awarded to
local educational agencies and other public entities, assist schools and local
communities in implementing a comprehensive mental health program that—
(1) assists children
and adolescents in dealing with trauma and violence;
(2) provides
comprehensive, age-appropriate mental health services and supports;
(3) is linguistically
and culturally appropriate; and
(4) incorporates
age-appropriate strategies of positive behavioral interventions and
supports.
(b)
Collaboration;
consultation
The Secretary
shall carry out this section—
(1) in collaboration
with the Secretary of Education; and
(2) in consultation
with the Attorney General of the United States.
(c)
Activities
In
carrying out subsection (a), the Secretary may—
(1) provide financial and technical support to
enable schools and local communities to implement a comprehensive mental health
program described in such subsection;
(2) facilitate
community partnerships among families, students, law enforcement agencies,
education systems, mental health and substance use disorder service systems,
family-based mental health service systems, welfare agencies, health care
systems (including physicians), faith-based programs, trauma networks, and
other community-based systems; and
(3) establish
mechanisms for children and adolescents to report incidents of violence or
plans by other children, adolescents, or adults to commit violence.
(d)
Requirements
(1)
In
general
To be eligible for an
award under this section, an entity shall—
(A) be a partnership
between a local educational agency and at least one community program or agency
that is involved in mental health activities; and
(B) submit an
application that—
(i) is
endorsed by all members of the partnership;
(ii) designates an entity to serve as
coordinator of the activities to be funded through the award; and
(iii) contains the
assurances described in paragraph (2).
(2)
Required
assurances
An application
under paragraph (1) for a comprehensive mental health program shall contain
assurances as follows:
(A) The local
educational agency involved will enter into a memorandum of
understanding—
(i) with—
(I) at least one of
each of the following: a public or private mental health entity, a health care
entity, a law enforcement or juvenile justice entity, a child welfare agency, a
family-based mental health entity, a family or family organization, and a
trauma network; and
(II) any other
community-based entities deemed appropriate by the local educational agency;
and
(ii) that
specifies—
(I) the
responsibilities of each partner with respect to the activities to be carried
out;
(II) how each partner
will be accountable for carrying out such responsibilities; and
(III) the amount of
non-Federal funding or in-kind contributions that each such partner will
contribute in order to sustain the program.
(B) The program will
address—
(i) the promotion of
the social, emotional, and behavioral health of all students in an environment
that is conducive to learning;
(ii) the reduction in the likelihood of at-risk
students developing social, emotional, or behavioral health problems, or
substance use disorders;
(iii) the early identification of social,
emotional, or behavioral problems, or substance use disorders, and the
provision of early intervention services;
(iv) the treatment or referral for treatment of
students with existing social, emotional, or behavioral health problems, or
substance use disorders; and
(v) the development
and implementation of programs to assist children and adolescents in dealing
with trauma and violence.
(C) For appropriate school personnel, the
program will provide in-service training on—
(i) the techniques and
supports needed for the early identification of children and adolescents with
trauma histories and children and adolescents with, or at risk of, mental
health disorders;
(ii) the use of
referral mechanisms that effectively link such children and adolescents to
appropriate treatment and intervention services in the school and in the
community and to followup when services are not available;
(iii) strategies that
promote a school-wide positive environment;
(iv) strategies for promoting the social,
emotional, mental, and behavioral health of all students; and
(v) strategies to increase the knowledge and
skills of school and community leaders about the impact of trauma and violence
and on the application of a public health approach to comprehensive mental
health programs.
(D) For parents, siblings, and other family
members of children and adolescents with mental health disorders, and for
members of the community, the program will provide training on—
(i) the techniques and
supports described in subparagraph (C)(i);
(ii) the referral
mechanisms and followup described in subparagraph (C)(ii); and
(iii) the strategies
described in clauses (iii), (iv), and (v) of subparagraph (C).
(E) A plan will be
developed and implemented to sustain the program after funding under this
section terminates.
(F) The local educational agency partnership
involved will be supported by the appropriate State educational and mental
health authority to ensure that the sustainability of the program is
established after funding under this section terminates.
(G) The program
will—
(i) be
based on evidence-based practices, including those related to trauma;
(ii) be implemented in
a culturally and linguistically appropriate manner;
(iii) be coordinated
with early intervening activities carried out under the Individuals with
Disabilities Education Act; and
(iv) include a broad needs assessment of youth
who drop out of school due to policies of zero tolerance with
respect to drugs, alcohol, or weapons and an inability to obtain appropriate
services.
(H) The program will provide mental health
services through qualified mental and behavioral health professionals who
are—
(i) certified or
licensed by the State involved; and
(ii) practicing within
their area of expertise.
(3)
Compliance with
HIPAA
An award recipient under this section shall be deemed to be
a covered entity for purposes of compliance with the regulations promulgated
under section 264(c) of the Health Insurance Portability and Accountability Act
of 1996 with respect to any patient records developed through activities funded
through the award.
(e)
Geographical
distribution
The Secretary shall ensure that awards under this
section are distributed equitably among the regions of the country and among
urban and rural areas.
(f)
Duration of
awards
The period of an award under this section shall be 6
years. An entity may receive only one award under this section, except that an
entity that is providing services and supports on a regional basis may receive
additional funding after the expiration of the preceding award period.
(g)
Program
evaluation and outcome measures
(1)
Development of
process
The Secretary shall
develop a process for evaluating comprehensive mental health programs under
this section that includes—
(A) the development of
guidelines for the submission of program data by an award recipient;
(B) the development of
outcome measures (in accordance with paragraph (2)) to be applied by such
recipient, and used by the Secretary, to measure and evaluate the program’s
effectiveness and success; and
(C) the submission by
such recipient of annual reports—
(i) concerning the
effectiveness and success of the program; and
(ii) including data
and other information relating to each outcome measure developed under
subparagraph (B).
(2)
Outcome
measures
(A)
Student and
family measures
The outcome measures developed under paragraph
(1)(B) shall include outcome measures relating to students and families, which,
at a minimum, should be designed to measure a program’s effectiveness
in—
(i) increasing social
and emotional competency;
(ii) increasing
academic competency (as defined by Secretary);
(iii) reducing
disruptive and aggressive behaviors;
(iv) improving child
and adolescent functioning;
(v) reducing substance
use disorders;
(vi) reducing
suspensions, truancy, expulsions, and violence;
(vii) increasing
graduation rates (as defined under section 1111(b)(2)(C)(vi) of the Elementary
and Secondary Education Act of 1965); and
(viii) improving
access to care for mental health disorders.
(B)
Local
educational system measures
The outcome measures developed under
paragraph (1)(B) shall include outcome measures relating to local educational
systems, which, at a minimum, should be designed to measure—
(i) the effectiveness
of—
(I) formal partnership
linkages among child and family-serving institutions, community support
systems, and the educational system in addressing mental health disorders;
and
(II) training and
professional development programs, including culturally and linguistically
appropriate training for appropriate school personnel; and
(ii) the progress
in—
(I) improving the perception of a safe and
supportive learning environment among school staff, students, and
parents;
(II) improving the
identification of students in need of more intensive mental health services and
referral of such students to early intervention and clinical mental health
services;
(III) improving access
to clinical assessment and treatment services within the context of the local
community to students posing a danger to themselves or others; and
(IV) improving rates
of matriculation to postsecondary school and reducing referrals to the juvenile
justice system.
(3)
Evaluation and
dissemination by Secretary
(A)
Evaluation
The
Secretary shall annually submit to Congress a report on the effectiveness and
success of the programs under this section, based on the data submitted under
paragraph (1)(C).
(B)
Dissemination
The
Secretary shall establish comprehensive information and education programs to
disseminate to the general public and to health care professionals findings and
conclusions based on the data submitted under paragraph (1)(C).
(4)
Limitation on
evaluation activities
An award recipient shall not use more than
10 percent of amounts received under this section to carry out evaluation
activities.
(h)
Definition
In
this section, the terms children and adolescents and child
and adolescent refer to individuals under 22 years of age.
(i)
Funding
(1)
Amount of
awards
An award to an entity
under this section shall not exceed $1,000,000 for each of fiscal years 2014
through 2018. The Secretary shall determine the amount of each award based on
the population of children and adolescents in the area to be served through the
award.
(2)
Authorization of
appropriations
There are authorized to be appropriated to carry
out this section such sums as may be necessary for fiscal years 2014 through
2018.
.
(2)
Technical
amendments
The second part G (relating to services provided
through religious organizations) of title V of the Public Health Service Act
(42 U.S.C. 290kk et
seq.) is amended—
(A) by redesignating
such part as part J; and
(B) by redesignating
sections 581 through 584 as sections 596 through 596C, respectively.
(3)
Conforming
amendment
Part G of title V
of the Public Health Service Act (42 U.S.C. 290hh et seq.), as
amended by this subsection, is further amended by striking the part heading and
inserting the following:
G
School-based
mental
health
.
(b)
Garrett Lee
Smith Memorial Act reauthorization
(1)
Suicide
prevention technical assistance center
Section 520C of the Public
Health Service Act (42 U.S.C. 290bb–34) is
amended—
(A) in the section
heading, by striking the section heading and inserting Suicide prevention technical assistance
center.;
(B) in subsection (a),
by striking and in consultation with and all that follows
through the period at the end of paragraph (2) and inserting shall
establish a research, training, and technical assistance resource center to
provide appropriate information, training, and technical assistance to States,
political subdivisions of States, federally recognized Indian tribes, tribal
organizations, institutions of higher education, public organizations, or
private nonprofit organizations regarding the prevention of suicide among all
ages, particularly among groups that are at high risk for
suicide.;
(C) by striking
subsections (b) and (c);
(D) by redesignating
subsection (d) as subsection (b);
(E) in subsection (b),
as so redesignated—
(i) by
striking the subsection heading and inserting Responsibilities of the
center.;
(ii) in
the matter preceding paragraph (1), by striking The additional
research and all that follows through nonprofit organizations
for and inserting The center established under subsection (a)
shall conduct activities for the purpose of;
(iii) by
striking youth suicide each place such term appears and
inserting suicide;
(iv) in
paragraph (1)—
(I) by striking
the development or continuation of and inserting
developing and continuing; and
(II) by inserting
for all ages, particularly among groups that are at high risk for
suicide before the semicolon at the end;
(v) in
paragraph (2), by inserting for all ages, particularly among groups that
are at high risk for suicide before the semicolon at the end;
(vi) in
paragraph (3), by inserting and tribal after
statewide;
(vii) in
paragraph (5), by inserting and prevention after
intervention;
(viii) in paragraph
(8), by striking in youth;
(ix) in
paragraph (9), by striking and behavioral health and inserting
health and substance use disorder; and
(x) in
paragraph (10), by inserting conducting before
other; and
(F) by striking
subsection (e) and inserting the following:
(c)
Authorization of
appropriations
To carry out this section, there are authorized to
be appropriated such sums as may be necessary for fiscal years 2014 through
2018.
.
(2)
Youth suicide
early intervention and prevention strategies
Section 520E of the
Public Health Service Act (42 U.S.C. 290bb–36) is
amended—
(A) in paragraph (1)
of subsection (a) and in subsection (c), by striking substance
abuse each place such term appears and inserting substance use
disorder;
(B) in subsection
(b)(2)—
(i) by
striking each State is awarded only 1 grant or cooperative agreement
under this section and inserting a State does not receive more
than 1 grant or cooperative agreement under this section at any 1 time;
and
(ii) by
striking been awarded and inserting received;
and
(C) by striking
subsection (m) and inserting the following:
(m)
Authorization of
appropriations
To carry out this section, there are authorized to
be appropriated such sums as may be necessary for fiscal years 2014 through
2018.
.
(3)
Mental health
and substance use disorder services
Section 520E–2 of the Public
Health Service Act (42 U.S.C. 290bb–36b) is
amended—
(A) in the section
heading, by striking and
behavioral health and inserting health and substance use disorder
services;
(B) in subsection
(a)—
(i) by
striking Services, and inserting Services
and;
(ii) by
striking and behavioral health problems and inserting
health or substance use disorders; and
(iii) by
striking substance abuse and inserting substance use
disorders;
(C) in subsection
(b)—
(i) in
the matter preceding paragraph (1), by striking for— and
inserting for one or more of the following:; and
(ii) by
striking paragraphs (1) through (6) and inserting the following:
(1) Educating
students, families, faculty, and staff to increase awareness of mental health
and substance use disorders.
(2) Operating
hotlines.
(3) Preparing
informational material.
(4) Providing outreach
services to notify students about available mental health and substance use
disorder services.
(5) Administering
voluntary mental health and substance use disorder screenings and
assessments.
(6) Supporting the
training of students, faculty, and staff to respond effectively to students
with mental health and substance use disorders.
(7) Creating a network
infrastructure to link colleges and universities with health care providers who
treat mental health and substance use
disorders.
;
(D) in subsection
(c)(5), by striking substance abuse and inserting
substance use disorder;
(E) in subsection
(d)—
(i) in
the matter preceding paragraph (1), by striking An institution of higher
education desiring a grant under this section and inserting To
be eligible to receive a grant under this section, an institution of higher
education;
(ii) in
paragraph (1)—
(I) by striking
and behavioral health and inserting health and substance
use disorder; and
(II) by inserting
, including veterans as appropriate, after
students; and
(iii) in
paragraph (2), by inserting , which may include, as appropriate and in
accordance with subsection (b)(7), a plan to seek input from relevant
stakeholders in the community, including appropriate public and private
entities, in order to carry out the program under the grant before the
period at the end;
(F) in subsection
(e)(1), by striking and behavioral health problems and inserting
health and substance use disorders;
(G) in subsection
(f)(2)—
(i) by
striking and behavioral health and inserting health and
substance use disorder; and
(ii) by
striking suicide and substance abuse and inserting
suicide and substance use disorders; and
(H) by amending
subsection (h) to read as follows:
(h)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated such sums as may be
necessary for fiscal years 2014 through
2018.
.
(c)
Mental health
awareness training grants
For
provisions of the Advancing Wellness and Resilience in Education (AWARE)
Initiative relating to mental health awareness training for school and
emergency services personnel, see section 213 of this Act.
(d)
Evaluation
Not later than the end of fiscal year 2017,
the Secretary of Health and Human Services shall submit to the Congress a
report on the implementation and effectiveness of the activities carried out
under sections 581, 520C, 520E, and 520E–2 of the Public Health Service Act, as
amended by this section, and section 520J of the Public Health Service Act, as
amended by section 213.
222.
SAMHSA and HRSA
integration of mental health services into primary care settings
Title V of the Public Health Service Act is
amended by inserting after section 520K (42 U.S.C. 290bb–42) the
following:
520K–1.
Awards for
co-locating mental health services in primary care settings
(a)
Program
authorized
The Secretary,
acting through the Administrators of the Substance Abuse and Mental Health
Services Administration and the Health Resources and Services Administration,
shall award grants, contracts, and cooperative agreements to eligible entities
for the provision of coordinated and integrated mental health services and
primary health care.
(b)
Eligible
entities
To be eligible to seek a grant, contract, or cooperative
agreement this section, an entity shall be a public or nonprofit entity.
(c)
Use of
funds
An eligible entity receiving an award under this section
shall use the award for the provision of coordinated and integrated mental
health services and primary health care through—
(1) the co-location of
mental health services in primary care settings;
(2) the use of care
management services to facilitate coordination between mental health and
primary care providers;
(3) the use of
information technology (such as telemedicine)—
(A) to facilitate
coordination between mental health and primary care providers; or
(B) to expand the
availability of mental health services; or
(4) the provision of
training and technical assistance to improve the delivery, effectiveness, and
integration of mental health services into primary care settings.
(d)
Authorization of
appropriations
To carry out this section, there are authorized to
be appropriated such sums as may be necessary for fiscal years 2014 through
2018.
.
223.
Children’s
recovery from trauma
Section
582 of the Public Health Service Act (42 U.S.C. 290hh–1) is
amended—
(1) in subsection (a),
by striking developing programs and all that follows and
inserting “developing and maintaining programs that provide for—
(1) the continued
operation of the National Child Traumatic Stress Initiative (referred to in
this section as the NCTSI), including a coordinating center, that
focuses on the mental, behavioral, and biological aspects of psychological
trauma response; and
(2) the development of
knowledge with regard to evidence-based practices for identifying and treating
mental, behavioral, and biological disorders of children and youth resulting
from witnessing or experiencing a traumatic
event.
;
(2) in subsection (b)
by striking subsection (a) related and all that follows through
the end of the subsection and inserting subsection (a)(2) (related to
the development of knowledge on evidence-based practices for treating mental,
behavioral, and biological disorders associated with psychological trauma), the
Secretary shall give priority to universities, hospitals, mental health
agencies, and other programs that have established clinical expertise and
research experience in the field of trauma-related mental
disorders.;
(3) by redesignating
subsections (c) through (g) as subsections (e) through (i),
respectively;
(4) by inserting after
subsection (b), the following:
(c)
National Child
Traumatic Stress Initiative
The NCTSI coordinating center
shall—
(1) collect, analyze,
and report NCTSI-wide child treatment process and outcome data regarding the
early identification and delivery of evidence-based treatment and services for
children and families served by the NCTSI grantees;
(2) facilitate the
coordination of training initiatives in evidence-based and trauma-informed
treatments, interventions, and practices offered to NCTSI grantees, providers,
and partners; and
(3) collaborate, as
appropriate, with the Secretary in the dissemination of evidence-based and
trauma-informed interventions, treatments, products, and other resources to
appropriate stakeholders.
(d)
Review
The
Secretary shall, consistent with the peer review process, ensure that NCTSI
applications are reviewed by appropriate experts in the field, including
experts in child
trauma.
;
(5) in subsection (e)
(as so redesignated), by striking with respect to centers of excellence
are distributed equitably among the regions of the country and
inserting are distributed equitably among the regions of the United
States;
(6) in subsection (g)
(as so redesignated), by striking recipient may not exceed 5
years and inserting recipient shall not be less than 4 years,
but shall not exceed 5 years; and
(7) by amending
subsection (h) (as so redesignated) to read as follows:
(h)
Authorization of
appropriations
To carry out
this section, there are authorized to be appropriated such sums as may be
necessary for fiscal years 2014 through
2018.
.
224.
Information on
geriatric mental health disorders
Section 520A(e) of the Public Health Service
Act (42 U.S.C.
290bb–32(e)) is amended by adding at the end the
following:
(3)
Geriatric mental
health disorders
The Secretary shall, as appropriate, provide
information to grantees regarding evidence-based practices for the prevention
and treatment of geriatric mental health disorders and co-occurring mental
health and substance use disorders among geriatric populations, as well as
disseminate information about such evidence-based practices to States and
nongrantees throughout the United
States.
.
225.
GAO study on
availability of inpatient beds
Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States shall
conduct a study and submit a report to the Congress on—
(1) the availability
of inpatient beds for treatment of mental health disorders;
(2) the impact of such
availability on access to, and the quality of, mental health services;
and
(3) the impact on
individuals with serious mental illness and on States of the exclusion from
medical assistance under section 1905(a) of the Social Security Act (42 U.S.C.
1396d(a)) of payment with respect to care or services for certain patients in
an institution for mental diseases.
226.
Reporting
requirements for block grants regarding mental health and substance use
disorders
Section 1942 of the
Public Health Service Act (42 U.S.C. 300x–52) is amended to read as
follows:
1942.
Requirement of
reports and audits by States
(a)
Block grants for
community mental health services
(1)
Annual
report
A funding agreement for a grant under section 1911 is
that—
(A) the State involved
will prepare and submit to the Secretary an annual report on the activities
funded through the grant; and
(B) each such report
shall be prepared by, or in consultation with, the State agency responsible for
community mental health programs and activities.
(2)
Standardized
form; contents
In order to properly evaluate and to compare the
performance of different States assisted under section 1911, reports under this
section shall be in such standardized form and contain such information as the
Secretary determines (after consultation with the States) to be
necessary—
(A) to secure an
accurate description of the activities funded through the grant under section
1911;
(B) to determine the
extent to which funds were expended consistent with the State’s application
transmitted under section 1917(a); and
(C) to describe the
extent to which the State has met the goals and objectives it set forth in its
State plan under section 1912(b).
(3)
Minimum
contents
Each report under this section shall, at a minimum,
include the following information:
(A)
(i) The number of
individuals served by the State under subpart I (by class of
individuals).
(ii) The proportion of each class of such
individuals which has health coverage.
(iii) The types of services (as defined by the
Secretary) provided under subpart I to individuals within each such
class.
(iv) The amounts spent under subpart I on each
type of service (by class of individuals served).
(B) Information on the
status of mental health in the State, including information (by county and by
racial and ethnic group) on each of the following:
(i) The proportion of
adolescents with serious mental illness (including major depression).
(ii) The proportion of
adults with serious mental illness (including major depression).
(iii) The proportion
of individuals with co-occurring mental health and substance use
disorders.
(iv) The proportion of
children and adolescents with mental health disorders who seek and receive
treatment.
(v) The proportion of
adults with mental health disorders who seek and receive treatment.
(vi) The proportion of
individuals with co-occurring mental health and substance use disorders who
seek and receive treatment.
(vii) The proportion
of homeless adults with mental health disorders who receive treatment.
(viii) The number of
primary care facilities that provide mental health screening and treatment
services onsite or by paid referral.
(ix) The number of
primary care physician office visits that include mental health screening
services.
(x) The number of
juvenile residential facilities that screen admissions for mental health
disorders.
(xi) The number of
deaths attributable to suicide.
(C) Information on the
number and type of health care practitioners licensed in the State and
providing mental health-related services.
(4)
Availability of
reports
The Secretary shall,
upon request, provide a copy of any report under this section to any interested
public agency.
(b)
Block grants for
prevention and treatment of substance use disorders
(1)
Annual
report
A funding agreement for a grant under section 1921 is
that—
(A) the State involved
will prepare and submit to the Secretary an annual report on the activities
funded through the grant; and
(B) each such report
shall be prepared by, or in consultation with, the State agency responsible for
substance use disorder programs and activities.
(2)
Standardized
form; contents
In order to properly evaluate and to compare the
performance of different States assisted under section 1921, reports under this
section shall be in such standardized form and contain such information as the
Secretary determines (after consultation with the States) to be
necessary—
(A) to secure an
accurate description of the activities funded through the grant under section
1921;
(B) to determine the
extent to which funds were expended consistent with the State’s application
transmitted under section 1932(a); and
(C) to describe the
extent to which the State has met the goals and objectives it set forth in its
State plan under section 1932(b).
(3)
Minimum
contents
Each report under this section shall, at a minimum,
include the following information:
(A)
(i) The number of
individuals served by the State under subpart II (by class of
individuals).
(ii) The proportion of each class of such
individuals which has health coverage.
(iii) The types of services (as defined by the
Secretary) provided under subpart II to individuals within each such
class.
(iv) The amounts spent under subpart II on each
type of service (by class of individuals served).
(B) Information on the
status of substance use disorders in the State, including information (by
county and by racial and ethnic group) on each of the following:
(i) The proportion of adolescents using alcohol
or other addictive drugs (including nicotine).
(ii) The proportion of
adults (including pregnant women) using alcohol or other addictive drugs
(including nicotine).
(iii) The proportion
of adolescents using prescription drugs for nonmedical purposes.
(iv) The proportion of
adults using prescription drugs for nonmedical purposes.
(v) The number of
individuals (including pregnant women) admitted to substance use disorder
treatment programs (including group home arrangements).
(vi) The number of
deaths attributable to alcohol.
(vii) The number of
deaths attributable to illicit drugs.
(viii) The number of
deaths attributable to prescription drugs.
(C) Information on the
number and type of health care practitioners licensed in the State and
providing substance use disorder-related services.
(4)
Availability of
reports
The Secretary shall,
upon request, provide a copy of any report under this section to any interested
public
agency.
.
227.
Mental health
parity
In the case of a group
health plan or health insurance coverage that provides both medical and
surgical benefits and mental health and substance use disorder benefits, the
Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act
of 2008 (subtitle B of title V of division C of Public Law 110–343) and the
amendments made thereby shall be construed to ensure full parity of such
benefits, including—
(1) at all levels of
medically appropriate treatment; and
(2) with respect to
applicable medical management techniques.
D
Promoting Public
Awareness of Mental Health Disorders and Reducing Stigma of Such
Disorders
231.
Promoting
public awareness of mental health disorders and reducing stigma of such
disorders
Title V of the
Public Health Service Act is amended by inserting after section 520E–2 (42
U.S.C. 290bb–40) the following:
520E–3.
Promoting
public awareness of mental health disorders and reducing stigma of such
disorders
(a)
Program
authorized
The Secretary may,
by awarding grants, contracts, and cooperative agreements to eligible entities,
provide for planning, establishing, coordinating, and evaluating a nationwide
public education campaign that is designed—
(1) to promote public
awareness and understanding of mental health disorders, including serious
mental illness; and
(2) to reduce the
stigma associated with mental health disorders.
(b)
Eligible
entities
To be eligible to seek an award under this section, an
entity shall be a public or nonprofit entity with demonstrated expertise in
conducting a public health-related campaign.
(c)
Activities
The
public education campaign under this section shall include—
(1) national education
and outreach through television advertisements, radio advertisements,
Internet-based resources, social media, and print media; and
(2) community-based
education and outreach.
(d)
Preference
In
making awards under this section, the Secretary shall give preference to
eligible entities that—
(1) have demonstrated expertise in conducting a
public health-related campaign that is focused on mental health disorders;
and
(2) are proposing
public education campaigns that will—
(A) be carried out in
partnership with local community partners; and
(B) emphasize
education and outreach targeting children, adolescents, and young adults
through 24 years of age.
(e)
Consultation
In carrying out this section, the Secretary
shall consult with each of the following stakeholders:
(1) Mental health
consumers, including youth, adults, and family members.
(2) Representatives of
mental and behavioral health organizations.
(3) Representatives of
medical, public health, and behavioral health professional
organizations.
(4) Representatives of
mental health providers, including community mental health centers.
(5) Representatives of
private- and public-sector groups with experience in the development of
effective public health education campaigns.
(6) Other stakeholders
with relevant subject matter expertise as appropriate.
(f)
Evaluation
As
a condition on receipt of an award under this section, an eligible entity shall
agree—
(1) to evaluate the
effectiveness of activities funded through the award; and
(2) to report the
results of such evaluation to the Secretary.
(g)
Authorization of
appropriations
To carry out this section, there are authorized to
be appropriated such sums as may be necessary for fiscal years 2014 through
2018.
.
III
Understanding
the Epidemic of Gun Violence
301.
Reaffirming CDC
research authority
(a)
In
general
Section 391 of the
Public Health Service Act (42 U.S.C. 280b) is amended—
(1) in subsection
(a)(1), by striking research relating to the causes, mechanisms,
prevention, diagnosis, treatment of injuries, and rehabilitation from
injuries; and inserting
research,
including data collection, relating to—
(A) the causes, mechanisms, prevention,
diagnosis, and treatment of injuries, including with respect to gun violence;
and
(B) rehabilitation
from such injuries;
;
and
(2) by adding at the
end the following new subsection:
(c)
No advocacy or
promotion of gun control
Nothing in this section shall be construed
to—
(1) authorize the
Secretary to give assistance, make grants, or enter into cooperative agreements
or contracts for the purpose of advocating or promoting gun control; or
(2) permit a recipient
of any assistance, grant, cooperative agreement, or contract under this section
to use such assistance, grant, agreement, or contract for the purpose of
advocating or promoting gun
control.
.
(b)
Authorization of
appropriations
Section 394A of the Public Health Service Act (42
U.S.C. 280b–3) is amended by striking authorized to be
appropriated and all that follows through the end and inserting the
following: authorized to be appropriated such sums as may be necessary
for fiscal years 2014 through 2018..
302.
National
violent death reporting system
The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and Prevention,
shall improve, particularly through the inclusion of additional States, the
National Violent Death Reporting System, as authorized by title III of the
Public Health Service Act (42 U.S.C. 241 et seq.). Participation in the system
by the States shall be voluntary.
303.
Protecting
confidential doctor-patient relationship
Section 2717(c) of the Public Health Service
Act (42 U.S.C. 300gg–17(c)) is amended by adding at the end the following new
paragraph:
(6)
Rule of
construction
Notwithstanding
the previous provisions of this subsection, none of the authorities provided to
the Secretary under the Patient Protection and Affordable Care Act, an
amendment made by that Act, or this subsection shall be construed to prohibit a
physician or other health care provider from—
(A) asking a patient
about the ownership, possession, use, or storage of a firearm or ammunition in
the home of such patient;
(B) speaking to a
patient about gun safety; or
(C) reporting to the
authorities a patient’s threat of
violence.
.