42 U.S.C. § 290aa — Substance Abuse and Mental Health

Page 825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa 2 See References in Text note below. (3) an existing advisory committee providing advice to the Secretary or the head of any op- erating or staff division of the Department; (4) the advisory committee established under subsection (p); and (5) any other entity the Director may deem appropriate. (p) Advisory Committee (1) In general There is established an ARPA–H Interagency Advisory Committee (referred to in this sub- section as the ‘‘Advisory Committee’’) to co- ordinate efforts and provide advice and assist- ance on specific program or project tasks and the overall direction of ARPA–H. (2) Members The Advisory Committee established under paragraph (1) shall consist of the heads of the following agencies or their designees: (A) The National Institutes of Health. (B) The Centers for Disease Control and Prevention. (C) The Food and Drug Administration. (D) The Office of the Assistant Secretary for Preparedness and Response. (E) The Office of the Assistant Secretary of Health. (F) The Defense Advanced Research Projects Agency. (G) The Office of Science of the Depart- ment of Energy. (H) The National Science Foundation. (I) Any other agency or office with subject matter expertise that the Director of ARPA–H determines appropriate to advance programs or projects under this section. (3) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) 2 shall not apply to the Advisory Committee. (4) Advisory nature The functions of the Advisory Committee shall be advisory in nature, and nothing in this subsection shall be construed as granting such Committee authority over the activities authorized under this section. (5) Performance measures framework (A) In general The Director, in consultation with the Ad- visory Committee, shall develop a perform- ance measures framework for programs or projects supported by ARPA–H in order to inform and facilitate the evaluation required under subsection (k)(2), including identifica- tion of any data needed to perform such evaluation, (B) Availability of performance measures The Director shall provide to the National Academies such performance measures and data necessary to perform the evaluation re- quired under subsection (k)(2). (q) Rule of construction The authorities under this section, with re- spect to the Director, are additional authorities that do not supersede or modify any existing au- thorities. (r) Transformative health technology defined In this section, the term ‘‘transformative health technology’’ means a novel, broadly ap- plicable capability or technology— (1) that has potential to revolutionize the detection, diagnosis, mitigation, prevention, cure, or treatment of a disease or health con- dition that can cause severe health outcomes and which is an area of currently unmet need; and (2) for which— (A) significant scientific or technical chal- lenges exist; or (B) incentives in the commercial market are unlikely to result in the adequate or timely development of such capability or technology. (s) Authorization of appropriations To carry out this section, there is authorized to be appropriated $500,000,000 for each of the fis- cal years 2024 through 2028, to remain available until expended. (t) Additional budget clarification Any budget request for ARPA–H shall propose a separate appropriation from the other ac- counts of the National Institutes of Health. (July 1, 1944, ch. 373, title IV, § 499A, as added Pub. L. 117–328, div. FF, title II, § 2331(a), Dec. 29, 2022, 136 Stat. 5770.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (p)(3), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. PRIOR PROVISIONS A prior section 499A of act July 1, 1944, was renum- bered section 499 by Pub. L. 103–43 and is classified to section 290b of this title. SUBCHAPTER III–A—SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMIN- ISTRATION PART A—ORGANIZATION AND GENERAL AUTHORITIES § 290aa. Substance Abuse and Mental Health Services Administration (a) Establishment The Substance Abuse and Mental Health Serv- ices Administration (hereafter referred to in this subchapter as the ‘‘Administration’’) is an agency of the Service. (b) Centers The following Centers are agencies of the Ad- ministration: (1) The Center for Substance Abuse Treat- ment. Page 826 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa (2) The Center for Substance Abuse Preven- tion. (3) The Center for Mental Health Services. (c) Assistant Secretary and Deputy Assistant Sec- retary (1) Assistant Secretary The Administration shall be headed by an official to be known as the Assistant Sec- retary for Mental Health and Substance Use (hereinafter in this subchapter referred to as the ‘‘Assistant Secretary’’) who shall be ap- pointed by the President, by and with the ad- vice and consent of the Senate. (2) Deputy Assistant Secretary The Assistant Secretary, with the approval of the Secretary, may appoint a Deputy As- sistant Secretary and may employ and pre- scribe the functions of such officers and em- ployees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. (d) Authorities The Secretary, acting through the Assistant Secretary, shall— (1) supervise the functions of the Centers of the Administration in order to assure that the programs carried out through each such Cen- ter receive appropriate and equitable support and that there is cooperation among the Cen- ters in the implementation of such programs; (2) establish and implement, through the re- spective Centers, a comprehensive program to improve the provision of treatment and re- lated services to individuals with respect to substance use disorders and mental illness and to improve prevention services, promote men- tal health and protect the legal rights of indi- viduals with mental illnesses and individuals with substance use disorders; (3) carry out the administrative and finan- cial management, policy development and planning, evaluation, knowledge dissemina- tion, and public information functions that are required for the implementation of this subchapter; (4) assure that the Administration conduct and coordinate demonstration projects, eval- uations, and service system assessments and other activities necessary to improve the availability and quality of treatment, preven- tion and related services; (5) support activities that will improve the provision of treatment, prevention and related services, including the development of na- tional mental health and substance use dis- order goals and model programs; (6) in cooperation with the National Insti- tutes of Health, the Centers for Disease Con- trol and Prevention, and the Health Resources and Services Administration, develop edu- cational materials and intervention strategies to reduce the risks of HIV, hepatitis, tuber- culosis, and other communicable diseases among individuals with mental or substance use disorders, and to develop appropriate men- tal health services for individuals with such diseases or disorders; (7) coordinate Federal policy with respect to the provision of treatment services for sub- stance 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 coordi- nation of such programs with activities of the National Institutes of Health and the Agency for Healthcare Research and Quality, as appro- priate, to evaluate the process, outcomes and community impact of prevention and treat- ment 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 Na- tional Institutes of Health in the development and maintenance of a system by which the rel- evant research findings of the National Insti- tute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the National Institute of Mental Health, and, as appro- priate, the Agency for Healthcare Research and Quality are disseminated to service pro- viders in a manner designed to improve the de- livery and effectiveness of prevention, treat- ment, and recovery support services and are appropriately incorporated into programs car- ried out by the Administration; (10) encourage public and private entities that provide health insurance to provide bene- fits for substance use disorder and mental health services; (11) work with relevant agencies of the De- partment of Health and Human Services on in- tegrating mental health promotion and sub- stance use disorder prevention with general health promotion and disease prevention and integrating mental and substance use dis- orders treatment services with physical health treatment services; (12) monitor compliance by hospitals and other facilities with the requirements of sec- tions 290dd–1 and 290dd–2 of this title; (13) with respect to grant programs author- ized under this subchapter or part B of sub- chapter XVII, or grant programs otherwise funded by the Administration— (A) require that all grants that are award- ed for the provision of services are subject to performance and outcome evaluations; (B) ensure that the director of each Center of the Administration consistently docu- ments 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 award- ed to entities other than States are awarded only after the State in which the entity in- tends to provide services— (i) is notified of the pendency of the grant application; and (ii) is afforded an opportunity to com- ment 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 Page 827 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa 1 So in original. Two pars. (26) have been enacted. care systems such as employers, labor unions, and schools, and encourage the adoption of employee assistance programs and student as- sistance programs; (16) maintain a clearinghouse for substance use disorder information, including evidence- based and promising best practices for preven- tion, treatment, and recovery support services for individuals with mental and substance use disorders, to assure the widespread dissemina- tion of such information to States, political subdivisions, educational agencies and institu- tions, treatment providers, and the general public; (17) in collaboration with the National Insti- tute on Aging, and in consultation with the National Institute on Drug Abuse, the Na- tional Institute on Alcohol Abuse and Alco- holism 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 men- tal health services for older Americans who are seriously mentally ill; (18) promote the coordination of service pro- grams conducted by other departments, agen- cies, 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 Secu- rity Administration, Centers for Medicare & Medicaid Services, and other programs of the Department, as well as liaisons with the De- partment of Education, Department of Jus- tice, and other Federal Departments and of- fices, as appropriate; (19) consult with State, local, and tribal gov- ernments, nongovernmental entities, and indi- viduals 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 De- fense and the Secretary of Veterans Affairs to improve the provision of mental and substance use disorder services provided by the Depart- ment of Defense and the Department of Vet- erans 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 ca- pabilities 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 sec- tion 247d of this title, including in consulta- tion with, as appropriate, the Assistant Sec- retary for Preparedness and Response, the Di- rector 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 imple- ment the award; (B) requirements for the description of the program implementation approach; (C) the extent to which the grant plan sub- mitted by the grantee as part of its applica- tion must explain how the grantee will reach the population of focus and provide a state- ment of need, which may include informa- tion 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 pro- posing to use evidence-based practices; (26) 1 advance, through existing programs, the use of performance metrics, including those based on the recommendations on per- formance metrics from the Assistant Sec- retary for Planning and Evaluation under sec- tion 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, organiza- tions or individuals with established expertise in delivery of recovery housing services, States, Federal agencies (including the De- partment of Health and Human Services, the Department of Housing and Urban Develop- ment, and the agencies listed in section 290ee–5(e)(2)(B) of this title), and other rel- evant stakeholders, to promote the avail- ability of high-quality recovery housing and services for individuals with a substance use disorder. (e) Associate Administrator for Alcohol Preven- tion and Treatment Policy (1) In general There may be in the Administration an As- sociate Administrator for Alcohol Prevention and Treatment Policy to whom the Assistant Secretary may delegate the functions of pro- moting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Cen- ter for Substance Abuse Prevention, the Cen- ter for Substance Abuse Treatment and the Center for Mental Health Services, and coordi- nating such programs among the Centers, and Page 828 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa among the Centers and other public and pri- vate entities. The Associate Administrator also may ensure that alcohol prevention, edu- cation, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy Peo- ple 2010 goals and the National Dietary Guide- lines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption. (2) Plan (A) The Assistant Secretary, acting through the Associate Administrator for Alcohol Pre- vention and Treatment Policy, shall develop, and periodically review and as appropriate re- vise, a plan for programs and policies to treat and prevent alcoholism and alcohol abuse. The plan shall be developed (and reviewed and re- vised) in collaboration with the Directors of the Centers of the Administration and in con- sultation with members of other Federal agen- cies 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 sub- paragraph (A). (3) Report (A) Not less than once during each 2 years, the Assistant Secretary, acting through the Associate Administrator for Alcohol Preven- tion and Treatment Policy, shall prepare a re- port describing the alcoholism and alcohol abuse prevention and treatment programs un- dertaken by the Administration and its agen- cies, and the report shall include a detailed statement of the expenditures made for the ac- tivities 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 pre- ceding 2 years. (C) Each report under subparagraph (A) shall be submitted to the Assistant Secretary for in- clusion in the biennial report under subsection (m). (f) Associate Administrator for Women’s Services (1) Appointment The Assistant Secretary, with the approval of the Secretary, shall appoint an Associate Administrator for Women’s Services who shall report directly to the Assistant Secretary. (2) Duties The Associate Administrator appointed under paragraph (1) shall— (A) establish a committee to be known as the Coordinating Committee for Women’s Services (hereafter in this subparagraph re- ferred 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 Com- mittee, 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 coordi- nation of services; (iii) encourage the agencies of the Ad- ministration to support such services; and (iv) assure that the unique needs of mi- nority women, including Native American, Hispanic, African-American and Asian women, are recognized and addressed with- in the activities of the Administration; and (C) establish an advisory committee to be known as the Advisory Committee for Wom- en’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, treat- ment providers, and other health profes- sionals, whose clinical practice, specializa- tion, or professional expertise includes a sig- nificant 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 ap- proach; (ii) collect and review data, including in- formation provided by the Secretary (in- cluding the material referred to in para- graph (3)), and report biannually to the As- sistant Secretary regarding the extent to which women are represented among sen- ior personnel, and make recommendations regarding improvement in the participa- tion of women in the workforce of the Ad- ministration; and (iii) prepare, for inclusion in the biennial report required pursuant to subsection (m), a description of activities of the Com- mittee, 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 wom- en’s health by— (i) reviewing the current data at the Ad- ministration to determine its uniformity and applicability; (ii) developing standards for all pro- grams funded by the Administration so that data are, to the extent practicable, collected and reported using common re- porting formats, linkages and definitions; and (iii) reporting to the Assistant Secretary a plan for incorporating the standards de- veloped under clause (ii) in all Administra- tion programs and a plan to assure that Page 829 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa the data so collected are accessible to health professionals, providers, research- ers, and members of the public; and (E) shall establish, maintain, and operate a program to provide information on wom- en’s substance abuse and mental health serv- ices. (3) Study (A) The Secretary, acting through the As- sistant Secretary for Personnel, shall conduct a study to evaluate the extent to which women are represented among senior per- sonnel 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 con- ducted under subparagraph (A). (C) The Secretary shall prepare and provide to the Advisory Committee for Women’s Serv- ices any additional data as requested. (4) Office Nothing in this subsection shall be con- strued to preclude the Secretary from estab- lishing within the Substance Abuse and Men- tal Health Administration an Office of Wom- en’s Health. (5) Definition For purposes of this subsection, the term ‘‘women’s substance abuse and mental health conditions’’, with respect to women of all age, ethnic, and racial groups, means all aspects of substance abuse and mental illness— (A) unique to or more prevalent among women; or (B) with respect to which there have been insufficient services involving women or in- sufficient data. (g) Chief Medical Officer (1) In general The Assistant Secretary, with the approval of the Secretary, shall appoint a Chief Medical Officer to serve within the Administration. (2) Eligible candidates The Assistant Secretary shall select the Chief Medical Officer from among individuals who— (A) have a doctoral degree in medicine or osteopathic medicine; (B) have experience in the provision of mental or substance use disorder services; (C) have experience working with mental or substance use disorder programs; (D) have an understanding of biological, psychosocial, and pharmaceutical treat- ments of mental or substance use disorders; and (E) are licensed to practice medicine in one or more States. (3) Duties The Chief Medical Officer shall— (A) serve as a liaison between the Adminis- tration and providers of mental and sub- stance 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 lin- guistically appropriate practices, as appro- priate, for the prevention and treatment of, and recovery from, mental and substance use disorders, including serious mental ill- ness and serious emotional disturbances; (D) participate in regular strategic plan- ning with the Administration; (E) coordinate with the Assistant Sec- retary 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 Sec- retary to ensure mental and substance use disorders grant programs within the Admin- istration consistently utilize appropriate performance metrics and evaluation designs. (h) Services of experts (1) In general The Assistant Secretary may obtain (in ac- cordance with section 3109 of title 5, but with- out regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have professional qualifica- tions. Such experts and consultants shall be obtained for the Administration and for each of its agencies. (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 as- signment of an expert or consultant whose services are obtained under paragraph (1), un- less and until the expert or consultant agrees in writing to complete the entire period of as- signment or one year, whichever is shorter, unless separated or reassigned for reasons be- yond the control of the expert or consultant that are acceptable to the Secretary. If the ex- pert or consultant violates the agreement, the money spent by the United States for the ex- penses specified in subparagraph (A) is recov- erable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. (i) Peer review groups The Assistant Secretary shall, without regard to the provisions of title 5 governing appoint- ments in the competitive service, and without regard to the provisions of chapter 51 and sub- chapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, Page 830 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa establish such peer review groups and program advisory committees as are needed to carry out the requirements of this subchapter and appoint and pay members of such groups, except that of- ficers and employees of the United States shall not receive additional compensation for services as members of such groups. Chapter 10 of title 5 shall not apply to the duration of a peer review group appointed under this subsection. (j) Voluntary services The Assistant Secretary may accept voluntary and uncompensated services. (k) Administration The Assistant Secretary shall ensure that pro- grams and activities assigned under this sub- chapter to the Administration are fully adminis- tered by the respective Centers to which such programs and activities are assigned. (l) Strategic plan (1) In general Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall develop and carry out a strategic plan in accordance with this subsection for the plan- ning and operation of activities carried out by the Administration, including evidence-based programs. (2) Coordination In developing and carrying out the strategic plan under this subsection, the Assistant Sec- retary shall take into consideration the find- ings and recommendations of the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Men- tal Health Crisis Reform Act of 2016 and the report of the Interdepartmental Serious Men- tal Illness Coordinating Committee under sec- tion 290aa–0b of this title. (3) Publication of plan Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall— (A) submit the strategic plan developed under paragraph (1) to the Committee on En- ergy and Commerce and the Committee on Appropriations of the House of Representa- tives and the Committee on Health, Edu- cation, Labor, and Pensions and the Com- mittee on Appropriations of the Senate; and (B) post such plan on the Internet website of the Administration. (4) Contents The strategic plan developed under para- graph (1) shall— (A) identify strategic priorities, goals, and measurable objectives for mental and sub- stance use disorders activities and programs operated and supported by the Administra- tion, including priorities to prevent or elimi- nate the burden of mental and substance use disorders; (B) identify ways to improve the quality of services for individuals with mental and sub- stance use disorders, and to reduce home- lessness, arrest, incarceration, violence, in- cluding self-directed violence, and unneces- sary hospitalization of individuals with a mental or substance use disorder, including adults with a serious mental illness or chil- dren with a serious emotional disturbance; (C) ensure that programs provide, as ap- propriate, 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 Ad- ministration to develop or improve— (i) initiatives to encourage individuals to pursue careers (especially in rural and un- derserved areas and with rural and under- served populations) as psychiatrists, in- cluding child and adolescent psychiatrists, psychologists, psychiatric nurse practi- tioners, physician assistants, clinical so- cial workers, certified peer support spe- cialists, licensed professional counselors, or other licensed or certified mental health or substance use disorder profes- sionals, including such professionals spe- cializing in the diagnosis, evaluation, or treatment of adults with a serious mental illness or children with a serious emo- tional disturbance; and (ii) a strategy to improve the recruit- ment, training, and retention of a work- force for the treatment of individuals with mental or substance use disorders, or co- occurring disorders; (E) identify opportunities to improve col- laboration 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 evi- dence-based and promising best practices re- lated to prevention, diagnosis, early inter- vention, treatment, and recovery services related to mental illness, particularly for adults with a serious mental illness and chil- dren with a serious emotional disturbance, and for individuals with a substance use dis- order; and (G) specify a strategy to support the con- tinued 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 progress Not later than September 30, 2020, and every 2 years thereafter, the Assistant Secretary shall prepare and submit to the Committee on Energy and Commerce and the Committee on Appro- priations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropria- tions of the Senate, and post on the Internet website of the Administration, a report con- taining at a minimum— (1) a review of activities conducted or sup- ported by the Administration, including Page 831 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa progress toward strategic priorities, goals, and objectives identified in the strategic plan de- veloped under subsection (l); (2) an assessment of programs and activities carried out by the Assistant Secretary, includ- ing the extent to which programs and activi- ties under this subchapter and part B of sub- chapter XVII meet identified goals and per- formance measures developed for the respec- tive programs and activities; (3) a description of the progress made in ad- dressing gaps in mental and substance use dis- orders prevention, treatment, and recovery services and improving outcomes by the Ad- ministration, including with respect to serious mental illnesses, serious emotional disturb- ances, and co-occurring disorders; (4) a description of the Administration’s ac- tivities to support the continued provision of mental health and substance use disorder serv- ices, 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 re- lated 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 reten- tion 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 ac- tivities; (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 re- spect 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 sup- ported through such grants, including out- comes of programs supported; and (D) information on how the National Men- tal Health and Substance Use Policy Labora- tory is consulting with the Assistant Sec- retary for Planning and Evaluation and col- laborating with the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, the Center for Behavioral Health Statistics and Quality, and the Cen- ter 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 ac- tions taken in response to such recommenda- tions to improve programs within the Admin- istration. The Assistant Secretary may meet reporting re- quirements established under this subchapter by providing the contents of such reports as an ad- dendum to the biennial report established under this subsection, notwithstanding the timeline of other reporting requirements in this subchapter. Nothing in this subsection shall be construed to alter the content requirements of such reports or authorize the Assistant Secretary to alter the timeline of any such reports to be less frequent than biennially, unless as specified in this sub- chapter. (n) Applications for grants and contracts With respect to awards of grants, cooperative agreements, and contracts under this sub- chapter, the Assistant Secretary, or the Direc- tor 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 ap- plication provides assurances of compliance satisfactory to such official; and (3) the application is otherwise in such form, is made in such manner, and contains such agreements, assurances, and information as the official determines to be necessary to carry out the purpose for which the award is to be provided. (o) Emergency response (1) In general Notwithstanding section 290aa–3 of this title and except as provided in paragraph (2), the Secretary may use not to exceed 2.5 percent of all amounts appropriated under this sub- chapter for a fiscal year to make noncompeti- tive grants, contracts or cooperative agree- ments to public entities to enable such enti- ties to address emergency substance abuse or mental health needs in local communities. (2) Exceptions Amounts appropriated under part C shall not be subject to paragraph (1). (3) Emergencies The Secretary shall establish criteria for de- termining that a substance abuse or mental health emergency exists and publish such cri- teria in the Federal Register prior to pro- viding funds under this subsection. (4) Emergency response Amounts made available for carrying out this subsection shall remain available through the end of the fiscal year following the fiscal year for which such amounts are appropriated. (p) Limitation on the use of certain information No information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under section 290aa–4 Page 832 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa of this title may be used for any purpose other than the purpose for which it was supplied un- less such establishment or person has consented (as determined under regulations of the Sec- retary) to its use for such other purpose. Such information may not be published or released in other form if the person who supplied the infor- mation or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publi- cation or release in other form. (q) Authorization of appropriations For the purpose of providing grants, coopera- tive agreements, and contracts under this sec- tion, there are authorized to be appropriated $25,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003. (July 1, 1944, ch. 373, title V, § 501, formerly 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.) Editorial Notes REFERENCES IN TEXT Section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016, referred to in subsecs. (d)(26), (l)(2), and (m)(8), is section 6021 of Pub. L. 114–255, which is set out as a note below. CODIFICATION Section was formerly classified to section 3511 of this title prior to renumbering by Pub. L. 98–24. PRIOR PROVISIONS A prior section 501 of act July 1, 1944, which was clas- sified to section 219 of this title, was successively re- numbered by subsequent acts and transferred, see sec- tion 238 of this title. AMENDMENTS 2022—Subsec. (d)(24), (25). Pub. L. 117–328, § 2112(a), added par. (24) and redesignated former par. (24) as (25). Former par. (25) redesignated (26). Subsec. (d)(26). Pub. L. 117–328, § 2112(a)(1), redesig- nated par. (25) as (26) relating to performance metrics. Pub. L. 117–328, § 1231, added par. (26) relating to re- covery housing and services. Subsec. (i). Pub. L. 117–286, which directed amend- ment of subsec. (h) by substituting ‘‘Chapter 10 of title 5’’ for ‘‘The Federal Advisory Committee Act’’, was ex- ecuted by making the substitution in subsec. (i) to re- flect the probable intent of Congress and the redesigna- tion of subsec. (h) as (i) by Pub. L. 114–255, § 6003(1). See 2016 Amendment note below. Subsec. (l)(2). Pub. L. 117–328, § 1121(c)(2)(A), sub- stituted ‘‘section 290aa–0b of this title’’ for ‘‘section 6031 of such Act’’. Subsec. (l)(4)(G). Pub. L. 117–328, § 2112(b), added sub- par. (G). Subsec. (m)(4). Pub. L. 117–328, § 2112(c)(2), added par. (4). Former par. (4) redesignated (5). Subsec. (m)(5). Pub. L. 117–328, § 2112(c)(1), redesig- nated par. (4) as (5). Former par. (5) redesignated (6). Subsec. (m)(5)(D) to (F). Pub. L. 117–328, § 2112(c)(3), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively. Subsec. (m)(6) to (8). Pub. L. 117–328, § 2112(c)(1), redes- ignated pars. (5) to (7) as (6) to (8), respectively. 2016—Subsec. (b). Pub. L. 114–255, § 6002(1), substituted ‘‘Centers’’ for ‘‘Agencies’’ in heading and ‘‘Centers’’ for ‘‘entities’’ in introductory provisions. Subsec. (c). Pub. L. 114–255, § 6001(a), amended subsec. (c) generally, substituting references to the Assistant Secretary and Deputy Assistant Secretary for ref- erences to the Administrator and Deputy Adminis- trator. Subsec. (d). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’ in intro- ductory provisions. Subsec. (d)(1). Pub. L. 114–255, § 6002(2)(A), substituted ‘‘Centers’’ for ‘‘agencies’’ in two places and ‘‘such Cen- ter’’ for ‘‘such agency’’. Subsec. (d)(2). Pub. L. 114–255, § 6002(2)(B), substituted ‘‘Centers’’ for ‘‘agencies’’, ‘‘with respect to substance use disorders’’ for ‘‘with respect to substance abuse’’, and ‘‘and individuals with substance use disorders’’ for ‘‘and individuals who are substance abusers’’. Subsec. (d)(5). Pub. L. 114–255, § 6002(2)(C), substituted ‘‘substance use disorder’’ for ‘‘substance abuse’’. Subsec. (d)(6). Pub. L. 114–255, § 6002(2)(D), substituted ‘‘the Centers for Disease Control and Prevention,’’ for ‘‘the Centers for Disease Control’’, ‘‘Administration, develop’’ for ‘‘Administration develop’’, ‘‘HIV, hepa- titis, tuberculosis, and other communicable diseases among individuals with mental or substance use dis- orders,’’ for ‘‘HIV or tuberculosis among substance abusers and individuals with mental illness’’, and ‘‘dis- eases or disorders’’ for ‘‘illnesses’’. Subsec. (d)(7). Pub. L. 114–255, § 6002(2)(E), substituted ‘‘use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Ad- ministration for the treatment of substance use dis- orders’’ for ‘‘abuse utilizing anti-addiction medica- tions, including methadone’’. Subsec. (d)(8). Pub. L. 114–255, § 6002(2)(F), substituted ‘‘Agency for Healthcare Research and Quality’’ for ‘‘Agency for Health Care Policy Research’’ and ‘‘pre- vention and treatment’’ for ‘‘treatment and preven- tion’’. Subsec. (d)(9). Pub. L. 114–255, § 6002(2)(G), inserted ‘‘and maintenance’’ after ‘‘development’’ and sub- stituted ‘‘Agency for Healthcare Research and Quality’’ for ‘‘Agency for Health Care Policy Research’’ and ‘‘prevention, treatment, and recovery support services and are appropriately incorporated into programs car- ried out by the Administration’’ for ‘‘treatment and prevention services’’. Subsec. (d)(10). Pub. L. 114–255, § 6002(2)(H), sub- stituted ‘‘use disorder’’ for ‘‘abuse’’. Subsec. (d)(11). Pub. L. 114–255, § 6002(2)(I), added par. (11) and struck out former par. (11) which read as fol- lows: ‘‘promote the integration of substance abuse and mental health services into the mainstream of the health care delivery system of the United States;’’. Subsec. (d)(13). Pub. L. 114–255, § 6002(2)(J)(i), sub- stituted ‘‘this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administra- tion’’ for ‘‘this subchapter, assure that’’ in introduc- tory provisions. Page 833 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa Subsec. (d)(13)(A) to (D). Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), added subpar. (B), redesignated former subpar. (B) as (C), inserted ‘‘require that’’ before ‘‘all grants’’ in subpars. (A) and (C), and added subpar. (D). Subsec. (d)(16). Pub. L. 114–255, § 6002(2)(K), sub- stituted ‘‘use disorder information, including evidence- based and promising best practices for prevention, treatment, and recovery support services for individ- uals with mental and substance use disorders,’’ for ‘‘abuse and mental health information’’. Subsec. (d)(17), (19) to (25). Pub. L. 114–255, § 6002(2)(L)–(N), substituted ‘‘substance use disorder’’ for ‘‘substance abuse’’ in par. (17) and added pars. (19) to (25). Subsec. (e)(1). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary may delegate’’ for ‘‘Adminis- trator may delegate’’. Subsec. (e)(2). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary, acting through’’ for ‘‘Adminis- trator, acting through’’ in subpar. (A) and ‘‘Assistant Secretary’’ for ‘‘Administrator’’ in subpar. (B). Subsec. (e)(3)(A). Pub. L. 114–255, § 6001(c)(2), sub- stituted ‘‘Assistant Secretary, acting through’’ for ‘‘Administrator, acting through’’. Subsec. (e)(3)(C). Pub. L. 114–255, § 6003(2), substituted ‘‘subsection (m)’’ for ‘‘subsection (k)’’. Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (f)(1). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘The Assistant Secretary,’’ for ‘‘The Administrator,’’ and ‘‘the Assistant Secretary’’ for ‘‘the Adminis- trator’’. Subsec. (f)(2)(C). Pub. L. 114–255, § 6001(c)(2), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’ in introductory provisions. Subsec. (f)(2)(C)(ii). Pub. L. 114–255, § 6001(c)(2), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (f)(2)(C)(iii). Pub. L. 114–255, § 6003(3), sub- stituted ‘‘subsection (m)’’ for ‘‘subsection (k)’’ in intro- ductory provisions. Subsec. (f)(2)(D)(iii). Pub. L. 114–255, § 6001(c)(2), sub- stituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (g). Pub. L. 114–255, § 6003(4), added subsec. (g). Former subsec. (g) redesignated (h). Subsec. (g)(1). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (h). Pub. L. 114–255, § 6003(1), redesignated sub- sec. (g) as (h). Former subsec. (h) redesignated (i). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (i). Pub. L. 114–255, § 6003(1), redesignated sub- sec. (h) as (i). Former subsec. (i) redesignated (j). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (j). Pub. L. 114–255, § 6003(1), redesignated sub- sec. (i) as (j). Former subsec. (j) redesignated (k). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’. Subsec. (k). Pub. L. 114–255, § 6003(1), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (m). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’ in introductory provi- sions. Subsec. (l). Pub. L. 114–255, § 6005, added subsec. (l). Former subsec. (l) redesignated (n). Pub. L. 114–255, § 6001(c)(2), substituted ‘‘Assistant Secretary’’ for ‘‘Administrator’’ in introductory provi- sions. Subsec. (m). Pub. L. 114–255, § 6006(a), amended subsec. (m) generally, substituting requirements for biennial reports beginning no later than September 30, 2020, for requirements for biennial reports beginning no later than February 10, 1994. Pub. L. 114–255, § 6003(1), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (o). Subsec. (m)(4). Pub. L. 114–255, § 6002(3), added par. (4). Subsecs. (n) to (q). Pub. L. 114–255, § 6003(1), redesig- nated subsecs. (l) to (o) as (n) to (q), respectively. 2010—Subsec. (f)(1). Pub. L. 111–148, § 3509(d)(1), in- serted ‘‘who shall report directly to the Administrator’’ before period at end. Subsec. (f)(4), (5). Pub. L. 111–148, § 3509(d)(2), (3), added par. (4) and redesignated former par. (4) as (5). 2003—Subsec. (d)(18). Pub. L. 108–173 substituted ‘‘Cen- ters for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. 2000—Subsec. (e)(1). Pub. L. 106–310, § 3401(a), reen- acted heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘There shall be in the Administration an Associate Ad- ministrator for Alcohol Prevention and Treatment Pol- icy to whom the Administrator shall delegate the func- tions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alco- holism and alcohol abuse within the Center for Sub- stance Abuse Prevention, the Center for Substance Abuse Treatment, and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also shall ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Sub- stance Abuse Prevention addresses the Healthy People 2000 goals and the National Dietary Guidelines of the Department of Health and Human Services and the De- partment of Agriculture related to alcohol consump- tion.’’ Subsecs. (m) to (o). Pub. L. 106–310, § 3102, added sub- secs. (m) and (n), redesignated former subsec. (m) as (o), and substituted ‘‘2001, and such sums as may be nec- essary for each of the fiscal years 2002 and 2003’’ for ‘‘1993, and such sums as may be necessary for fiscal year 1994’’ before period at end. 1999—Subsec. (d)(8), (9). Pub. L. 106–129, which di- rected the substitution of ‘‘Agency for Healthcare Re- search and Quality’’ for ‘‘Agency for Health Care Pol- icy and Research’’, was not executed because the term ‘‘Agency for Health Care Policy and Research’’ did not appear in text and because of the amendment by Pub. L. 114–255, § 6002(2)(G)(ii), which presumed that the sub- stitution did not take place. See 2016 Amendment note above. 1996—Subsec. (g)(2)(A). Pub. L. 104–201 substituted ‘‘5724a(a), 5724a(c)’’ for ‘‘5724a(a)(1), 5724a(a)(3)’’. 1992—Pub. L. 102–321 amended section generally, sub- stituting provisions relating to the Substance Abuse and Mental Health Services Administration for provi- sions relating to the Alcohol, Drug Abuse, and Mental Health Administration. 1989—Subsec. (b)(4). Pub. L. 101–93, § 3(f)(1), sub- stituted ‘‘for’’ for ‘‘of’’. Subsec. (j). Pub. L. 101–93, § 3(f)(2), substituted ‘‘sec- tion 290aa–5 of this title, establish program advisory committees, and pay members of such groups and com- mittees’’ for ‘‘section 290aa–5 of this title and appoint and pay members of such groups’’ and ‘‘as members of such groups or committees’’ for ‘‘as members of such groups’’. 1988—Subsec. (b)(4). Pub. L. 100–690, § 2058(a)(2)(A), added par. (4). Subsec. (e)(2). Pub. L. 100–690, § 2058(a)(2)(B), sub- stituted ‘‘Not less than once each three years, the Ad- ministrator’’ for ‘‘The Administrator’’ and ‘‘shall sub- mit’’ for ‘‘shall annually submit’’. Subsec. (f). Pub. L. 100–690, § 2058(a)(2)(C), substituted ‘‘misconduct’’ for ‘‘fraud’’ in heading and two places in text. Subsecs. (k) to (m). Pub. L. 100–690, § 2058(a)(2)(D), (E), added subsecs. (k) to (m) and struck out former subsec. (k), which related to Alcohol, Drug Abuse, and Mental Health Advisory Board, including its duties, member- ship, terms of office, compensation, personnel, chair- man, meetings, and reports to Congress. 1986—Pub. L. 99–570 amended section generally, revis- ing and restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and (h) as (c), (d), (k), (h), (e), (f), (g), and (i), respectively, and adding new subsecs. (a), (b), and (j). 1984—Pub. L. 98–509, § 301(c)(1), amended directory lan- guage of Pub. L. 98–24, § 2(b)(2). See 1983 Amendment note below. Page 834 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa Subsec. (c). Pub. L. 98–509, § 201(a), substituted provi- sions relating to the Alcohol, Drug Abuse, and Mental Health Advisory Board for provisions relating to the National Panel on Alcohol, Drug Abuse, and Mental Health. Subsecs. (g), (h). Pub. L. 98–509, § 201(b), added sub- secs. (g) and (h). 1983—Pub. L. 98–24, § 2(b)(2), as amended by Pub. L. 98–509, § 301(c)(1), renumbered section 3511 of this title as this section. Subsec. (a). Pub. L. 98–24, § 2(b)(2)(A), struck out ‘‘of Health, Education, and Welfare’’ after ‘‘The Secretary’’ and ‘‘Department’’. Subsec. (c). Pub. L. 98–24, § 2(b)(2)(A), (B), struck out ‘‘of Health, Education, and Welfare’’ after ‘‘The Sec- retary’’, and made a technical amendment to reference to section 218 of this title to reflect the transfer of this section to the Public Health Service Act. Subsec. (d). Pub. L. 98–24, § 2(b)(2)(C), substituted pro- visions directing the Administrator to distribute infor- mation on the hazards of alcoholism and the abuse of alcohol and drugs for provisions directing the Sec- retary, through the Administration, to evaluate and make recommendations regarding improved, coordi- nated activities, where appropriate, for public edu- cation and other prevention programs with respect to the abuse of alcohol and other substances. Subsecs. (e), (f). Pub. L. 98–24, § 2(b)(2)(D), added sub- secs. (e) and (f). 1976—Subsec. (d). Pub. L. 94–371 added subsec. (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME; REFERENCES Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Pub. L. 114–255, div. B, title VI, § 6001(d), Dec. 13, 2016, 130 Stat. 1203, provided that: ‘‘After executing sub- sections (a), (b), and (c) [see Tables for classification], any reference in statute, regulation, or guidance to the Administrator of the Substance Abuse and Mental Health Services Administration shall be construed to be a reference to the Assistant Secretary for Mental Health and Substance Use.’’ Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. Pub. L. 102–321, title I, § 161, July 10, 1992, 106 Stat. 375, provided that: ‘‘Reference in any other Federal law, Executive order, rule, regulation, or delegation of au- thority, or any document of or pertaining to the Alco- hol, Drug Abuse and Mental Health Administration or to the Administrator of the Alcohol, Drug Abuse and Mental Health Administration shall be deemed to refer to the Substance Abuse and Mental Health Services Ad- ministration or to the Administrator of the Substance Abuse and Mental Health Services Administration.’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assist- ance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title. TRANSFER OF AUTHORITIES Pub. L. 114–255, div. B, title VI, § 6001(b), Dec. 13, 2016, 130 Stat. 1203, provided that: ‘‘The Secretary of Health and Human Services shall delegate to the Assistant Secretary for Mental Health and Substance Use all du- ties and authorities that— ‘‘(1) as of the day before the date of enactment of this Act [Dec. 13, 2016], were vested in the Adminis- trator of the Substance Abuse and Mental Health Services Administration; and ‘‘(2) are not terminated by this Act [division B of Pub. L. 114–255, see Tables for classification].’’ TRANSFER PROVISIONS Pub. L. 102–321, title I, subtitle D, July 10, 1992, 106 Stat. 370, as amended by Pub. L. 102–352, § 2(b)(1), Aug. 26, 1992, 106 Stat. 939, provided that: ‘‘SEC. 141. TRANSFERS. ‘‘(a) SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION.—Except as specifically provided oth- erwise in this Act [see Tables for classification] or an amendment made by this Act, there are transferred to the Administrator of the Substance Abuse and Mental Health Services Administration all service related functions which the Administrator of the Alcohol, Drug Abuse and Mental Health Administration, or the Direc- tor of any entity within the Alcohol, Drug Abuse and Mental Health Administration, exercised before the date of the enactment of this Act [July 10, 1992] and all related functions of any officer or employee of the Al- cohol, Drug Abuse and Mental Health Administration. ‘‘(b) NATIONAL INSTITUTES.—Except as specifically provided otherwise in this Act or an amendment made by this Act, there are transferred to the appropriate Di- rectors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health, through the Director of the National Institutes of Health, all re- search related functions which the Administrator of the Alcohol, Drug Abuse and Mental Health Adminis- tration exercised before the date of the enactment of this Act and all related functions of any officer or em- ployee of the Alcohol, Drug Abuse, and Mental Health Administration. ‘‘(c) ADEQUATE PERSONNEL AND RESOURCES.—The transfers required under this subtitle shall be effec- tuated in a manner that ensures that the Substance Abuse and Mental Health Services Administration has adequate personnel and resources to carry out its stat- utory responsibilities and that the National Institute on Alcohol Abuse and Alcoholism, the National Insti- tute on Drug Abuse and the National Institute of Men- tal Health have adequate personnel and resources to enable such institutes to carry out their respective statutory responsibilities. ‘‘SEC. 142. TRANSFER AND ALLOCATIONS OF AP- PROPRIATIONS AND PERSONNEL. ‘‘(a) SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION.—Except as otherwise provided in the Public Health Service Act [42 U.S.C. 201 et seq.], all per- sonnel employed in connection with, and all assets, li- abilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred to the Administrator of the Substance Abuse and Mental Health Services Adminis- tration by this subtitle, subject to section 1531 of title 31, United States Code, shall be transferred to the Sub- stance Abuse and Mental Health Services Administra- tion. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. ‘‘(b) NATIONAL INSTITUTES.—Except as otherwise pro- vided in the Public Health Service Act, all personnel Page 835 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa employed in connection with, and all assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, avail- able to, or to be made available in connection with the functions transferred to the Directors of the National Institute on Alcohol Abuse and Alcoholism, the Na- tional Institute on Drug Abuse and the National Insti- tute of Mental Health by this subtitle, subject to sec- tion 1531 of title 31, United States Code, shall be trans- ferred to the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. ‘‘(c) CUSTODY OF BALANCES.—The actual transfer of custody of obligation balances is not required in order to implement this section. ‘‘SEC. 143. INCIDENTAL TRANSFERS. ‘‘Prior to October 1, 1992, the Secretary of Health and Human Services is authorized to make such determina- tions as may be necessary with regard to the functions transferred by this subtitle, and to make such addi- tional incidental dispositions of personnel, assets, li- abilities, grants, contracts, property, records, and un- expended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle and the Public Health Serv- ice Act [42 U.S.C. 201 et seq.]. Such Secretary shall pro- vide for the termination of the affairs of all entities terminated by this subtitle and for such further meas- ures and dispositions as may be necessary to effectuate the purposes of this subtitle. ‘‘SEC. 144. EFFECT ON PERSONNEL. ‘‘(a) IN GENERAL.—Except as otherwise provided by this subtitle and the Public Health Service Act [42 U.S.C. 201 et seq.], the transfer pursuant to this subtitle of full-time personnel (except special Government em- ployees) and part-time personnel holding permanent positions shall not cause any such employee to be sepa- rated or reduced in grade or compensation for one year after the date of transfer of such employee under this subtitle. ‘‘(b) EXECUTIVE SCHEDULE POSITIONS.—Any person who, on the day preceding the effective date of this Act [see Effective Date of 1992 Amendment note set out under section 236 of this title], held a position com- pensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Substance Abuse and Mental Health Services Adminis- tration to a position having duties comparable to the duties performed immediately preceding such appoint- ment shall continue to be compensated in such new po- sition at not less than the rate provided for such pre- vious position, for the duration of the service of such person in such new position. ‘‘SEC. 145. SAVINGS PROVISIONS. ‘‘(a) EFFECT ON PREVIOUS DETERMINATIONS.—All or- ders, determinations, rules, regulations, permits, con- tracts, certificates, licenses, and privileges that— ‘‘(1) have been issued, made, granted, or allowed to become effective by the President, any Federal agen- cy or official thereof, or by a court of competent ju- risdiction, in the performance of functions which are transferred by this subtitle; and ‘‘(2) are in effect on the date of enactment of this Act [July 10, 1992]; shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the National Institutes of Health, or the Adminis- trator of the Substance Abuse and Mental Health Serv- ices Administration, as appropriate, a court of com- petent jurisdiction, or by operation of law. ‘‘(b) CONTINUATION OF PROCEEDINGS.— ‘‘(1) IN GENERAL.—The provisions of this subtitle shall not affect any proceedings, including notices of proposed rule making, or any application for any li- cense, permit, certificate, or financial assistance pending on the date of enactment of this Act before the Department of Health and Human Services, which relates to the Alcohol, Drug Abuse and Mental Health Administration or the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, or the National Institute of Mental Health, or any office thereof with respect to func- tions transferred by this subtitle. Such proceedings or applications, to the extent that they relate to functions transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made under such orders, as if this Act [see Tables for classification] had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Adminis- trator of the Substance Abuse and Mental Health Services Administration or the Directors of the Na- tional Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the Na- tional Institute of Mental Health by a court of com- petent jurisdiction, or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted. ‘‘(2) REGULATIONS.—The Secretary of Health and Human Services is authorized to issue regulations providing for the orderly transfer of proceedings con- tinued under paragraph (1). ‘‘(c) EFFECT ON LEGAL ACTIONS.—Except as provided in subsection (e)— ‘‘(1) the provisions of this subtitle do not affect ac- tions commenced prior to the date of enactment of this Act [July 10, 1992]; and ‘‘(2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. ‘‘(d) NO ABATEMENT OF ACTIONS OR PROCEEDINGS.—No action or other proceeding commenced by or against any officer in his official capacity as an officer of the Department of Health and Human Services with respect to functions transferred by this subtitle shall abate by reason of the enactment of this Act [see Tables for clas- sification]. No cause of action by or against the Depart- ment of Health and Human Services with respect to functions transferred by this subtitle, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act. Causes of ac- tion and actions with respect to a function transferred by this subtitle, or other proceedings may be asserted by or against the United States or the Administrator of the Alcohol, Drug Abuse and Mental Health Adminis- tration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health, as may be appropriate, and, in an action pend- ing when this Act takes effect [see Effective Date of 1992 Amendment note set out under section 236 of this title], the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. ‘‘(e) SUBSTITUTION.—If, before the date of enactment of this Act [July 10, 1992], the Department of Health and Human Services, or any officer thereof in the offi- cial capacity of such officer, is a party to an action, and under this subtitle any function of such Depart- ment, Office, or officer is transferred to the Adminis- trator of the Substance Abuse and Mental Health Serv- ices Administration or the Directors of the National In- stitute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health, then such action shall be continued with the Administrator of the Substance Abuse and Page 836 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa Mental Health Services Administration or the Direc- tors of the National Institute on Alcohol Abuse and Al- coholism, the National Institute on Drug Abuse and the National Institute of Mental Health, as the case may be, substituted or added as a party. ‘‘(f) JUDICIAL REVIEW.—Orders and actions of the Ad- ministrator of the Substance Abuse and Mental Health Services Administration or the Directors of the Na- tional Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National In- stitute of Mental Health in the exercise of functions transferred to the Directors by this subtitle shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Administrator of the Alcohol, Drug Abuse and Men- tal Health Administration or the Directors of the Na- tional Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National In- stitute of Mental Health, or any office or officer there- of, in the exercise of such functions immediately pre- ceding their transfer. Any statutory requirements re- lating to notice, hearings, action upon the record, or administrative review that apply to any function trans- ferred by this subtitle shall apply to the exercise of such function by the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors. ‘‘SEC. 146. TRANSITION. ‘‘With the consent of the Secretary of Health and Human Services, the Administrator of the Substance Abuse and Mental Health Services Administration and the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health are authorized to utilize— ‘‘(1) the services of such officers, employees, and other personnel of the Department with respect to functions transferred to the Administrator of the Substance Abuse and Mental Health Services Admin- istration and the Director of the National Institute on Alcohol Abuse and Alcoholism, the National Insti- tute on Drug Abuse and the National Institute of Mental Health by this subtitle; and ‘‘(2) funds appropriated to such functions for such period of time as may reasonably be needed to facili- tate the orderly implementation of this subtitle. ‘‘SEC. 147. PEER REVIEW. ‘‘With respect to fiscal years 1993 through 1996, the peer review systems, advisory councils and scientific advisory committees utilized, or approved for utiliza- tion, by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health prior to the transfer of such Institutes to the National Institute of Health shall be utilized by such Institutes. ‘‘SEC. 148. MERGERS. ‘‘Notwithstanding the provisions of section 401(c)(2) of the Public Health Service Act (42 U.S.C. 281(c)(2)), the Secretary of Health and Human Services may not merge the National Institute on Alcohol Abuse and Al- coholism, the National Institute on Drug Abuse or the National Institute of Mental Health with any other in- stitute or entity (or with each other) within the na- tional research institutes for a 5-year period beginning on the date of enactment of this Act [July 10, 1992]. ‘‘SEC. 149. CONDUCT OF MULTI-YEAR RESEARCH PROJECTS. ‘‘With respect to multi-year grants awarded prior to fiscal year 1993 by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health with amounts received under section 1911(b) [former 42 U.S.C. 300x(b)], as such section existed one day prior to the date of enactment of this Act [July 10, 1992], such grants shall be continued for the entire period of the grant through the utilization of funds made available pursuant to sections 464H, 464L, and 464R [42 U.S.C. 285n, 285o, 285p], as appropriate, subject to satisfactory performance. ‘‘SEC. 150. SEPARABILITY. ‘‘If a provision of this subtitle or its application to any person or circumstance is held invalid, neither the remainder of this Act [see Tables for classification] nor the application of the provision to other persons or cir- cumstances shall be affected. ‘‘SEC. 151. BUDGETARY AUTHORITY. ‘‘With respect to fiscal years 1994 and 1995, the Direc- tors of the National Institute on Alcohol Abuse and Al- coholism, the National Institute on Drug Abuse, and the National Institute of Mental Health shall notwith- standing section 405(a) [42 U.S.C. 284(a)], prepare and submit, directly to the President for review and trans- mittal to Congress, an annual budget estimate (includ- ing an estimate of the number and type of personnel needs for the Institute) for their respective Institutes, after reasonable opportunity for comment (but without change) by the Secretary of Health and Human Serv- ices, the Director of the National Institutes of Health, and the Institute’s advisory council.’’ FUNDING FOR COMMUNITY-BASED FUNDING FOR LOCAL BEHAVIORAL HEALTH NEEDS Pub. L. 117–2, title II, § 2707, Mar. 11, 2021, 135 Stat. 47, provided that: ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Secretary [of Health and Human Services] for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, to carry out the purpose described in subsection (b). ‘‘(b) USE OF FUNDS.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Assistant Secretary for Mental Health and Sub- stance Use, shall award grants to State, local, Tribal, and territorial governments, Tribal organizations, nonprofit community-based entities, and primary care and behavioral health organizations to address increased community behavioral health needs wors- ened by the COVID–19 public health emergency. ‘‘(2) USE OF GRANT FUNDS.—Grant funds awarded under this section to eligible entities shall be used for promoting care coordination among local entities; training the mental and behavioral health workforce, relevant stakeholders, and community members; ex- panding evidence-based integrated models of care; ad- dressing surge capacity for mental and behavioral health needs; providing mental and behavioral health services to individuals with mental health needs (in- cluding co-occurring substance use disorders) as de- livered by behavioral and mental health professionals utilizing telehealth services; and supporting, enhanc- ing, or expanding mental and behavioral health pre- ventive and crisis intervention services.’’ INTERDEPARTMENTAL SUBSTANCE USE DISORDERS COORDINATING COMMITTEE Pub. L. 115–271, title VII, § 7022, Oct. 24, 2018, 132 Stat. 4010, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 3 months after the date of the enactment of this Act [Oct. 24, 2018], the Secretary of Health and Human Services (in this sec- tion referred to as the ‘Secretary’) shall, in coordina- tion with the Director of National Drug Control Policy, establish a committee, to be known as the Interdepart- mental Substance Use Disorders Coordinating Com- mittee (in this section referred to as the ‘Committee’), to coordinate Federal activities related to substance use disorders. ‘‘(b) MEMBERSHIP.— ‘‘(1) FEDERAL MEMBERS.—The Committee shall be composed of the following Federal representatives, or the designees of such representatives: ‘‘(A) The Secretary, who shall serve as the Chair of the Committee. ‘‘(B) The Attorney General of the United States. Page 837 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa ‘‘(C) The Secretary of Labor. ‘‘(D) The Secretary of Housing and Urban Devel- opment. ‘‘(E) The Secretary of Education. ‘‘(F) The Secretary of Veterans Affairs. ‘‘(G) The Commissioner of Social Security. ‘‘(H) The Assistant Secretary for Mental Health and Substance Use. ‘‘(I) The Director of National Drug Control Pol- icy. ‘‘(J) Representatives of other Federal agencies that support or conduct activities or programs re- lated to substance use disorders, as determined ap- propriate by the Secretary. ‘‘(2) NON-FEDERAL MEMBERS.—The Committee shall include a minimum of 15 non-Federal members ap- pointed by the Secretary, of which— ‘‘(A) at least two such members shall be an indi- vidual who has received treatment for a diagnosis of a substance use disorder; ‘‘(B) at least two such members shall be a direc- tor of a State substance abuse agency; ‘‘(C) at least two such members shall be a rep- resentative of a leading research, advocacy, or serv- ice organization for adults with substance use dis- order; ‘‘(D) at least two such members shall— ‘‘(i) be a physician, licensed mental health pro- fessional, advance practice registered nurse, or physician assistant; and ‘‘(ii) have experience in treating individuals with substance use disorders; ‘‘(E) at least one such member shall be a sub- stance use disorder treatment professional who pro- vides treatment services at a certified opioid treat- ment program; ‘‘(F) at least one such member shall be a sub- stance use disorder treatment professional who has research or clinical experience in working with ra- cial and ethnic minority populations; ‘‘(G) at least one such member shall be a sub- stance use disorder treatment professional who has research or clinical mental health experience in working with medically underserved populations; ‘‘(H) at least one such member shall be a State- certified substance use disorder peer support spe- cialist; ‘‘(I) at least one such member shall be a drug court judge or a judge with experience in adjudi- cating cases related to substance use disorder; ‘‘(J) at least one such member shall be a public safety officer with extensive experience in inter- acting with adults with a substance use disorder; and ‘‘(K) at least one such member shall be an indi- vidual with experience providing services for home- less individuals with a substance use disorder. ‘‘(c) TERMS.— ‘‘(1) IN GENERAL.—A member of the Committee ap- pointed under subsection (b)(2) shall be appointed for a term of 3 years and may be reappointed for one or more 3-year terms. ‘‘(2) VACANCIES.—A vacancy on the Committee shall be filled in the same manner in which the original ap- pointment was made. Any individual appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and may serve after the expiration of such term until a successor has been appointed. ‘‘(d) MEETINGS.—The Committee shall meet not fewer than two times each year. ‘‘(e) DUTIES.—The Committee shall— ‘‘(1) identify areas for improved coordination of ac- tivities, if any, related to substance use disorders, in- cluding research, services, supports, and prevention activities across all relevant Federal agencies; ‘‘(2) identify and provide to the Secretary rec- ommendations for improving Federal programs for the prevention and treatment of, and recovery from, substance use disorders, including by expanding ac- cess to prevention, treatment, and recovery services; ‘‘(3) analyze substance use disorder prevention and treatment strategies in different regions of and popu- lations in the United States and evaluate the extent to which Federal substance use disorder prevention and treatment strategies are aligned with State and local substance use disorder prevention and treat- ment strategies; ‘‘(4) make recommendations to the Secretary re- garding any appropriate changes with respect to the activities and strategies described in paragraphs (1) through (3); ‘‘(5) make recommendations to the Secretary re- garding public participation in decisions relating to substance use disorders and the process by which pub- lic feedback can be better integrated into such deci- sions; and ‘‘(6) make recommendations to ensure that sub- stance use disorder research, services, supports, and prevention activities of the Department of Health and Human Services and other Federal agencies are not unnecessarily duplicative. ‘‘(f) ANNUAL REPORT.—Not later than 1 year after the date of the enactment of this Act [Oct. 24, 2018], and an- nually thereafter for the life of the Committee, the Committee shall publish on the Internet website of the Department of Health and Human Services, which may include the public information dashboard established under section 1711 of the Public Health Service Act [42 U.S.C. 300u–16], as added by section 7021, a report sum- marizing the activities carried out by the Committee pursuant to subsection (e), including any findings re- sulting from such activities. ‘‘(g) WORKING GROUPS.—The Committee may estab- lish working groups for purposes of carrying out the duties described in subsection (e). Any such working group shall be composed of members of the Committee (or the designees of such members) and may hold such meetings as are necessary to enable the working group to carry out the duties delegated to the working group. ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.—The Fed- eral Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall apply to the Committee only to the extent that the provisions of such Act do not conflict with the requirements of this section. ‘‘(i) SUNSET.—The Committee shall terminate on the date that is 6 years after the date on which the Com- mittee is established under subsection (a).’’ IMPROVING OVERSIGHT OF MENTAL AND SUBSTANCE USE DISORDERS PROGRAMS THROUGH THE ASSISTANT SEC- RETARY FOR PLANNING AND EVALUATION Pub. L. 114–255, div. B, title VI, § 6021, Dec. 13, 2016, 130 Stat. 1215, provided that: ‘‘(a) IN GENERAL.—The Secretary of Health and Human Services, acting through the Assistant Sec- retary for Planning and Evaluation, shall ensure effi- cient and effective planning and evaluation of mental and substance use disorders prevention and treatment programs and related activities. ‘‘(b) EVALUATION STRATEGY.—In carrying out sub- section (a), the Assistant Secretary for Planning and Evaluation shall, not later than 180 days after the date of enactment of this Act [Dec. 13, 2016], develop a strat- egy for conducting ongoing evaluations that identifies priority programs to be evaluated by the Assistant Sec- retary for Planning and Evaluation and priority pro- grams to be evaluated by other relevant offices and agencies within the Department of Health and Human Services. The strategy shall— ‘‘(1) include a plan for evaluating programs related to mental and substance use disorders, including co- occurring disorders, across agencies, as appropriate, including programs related to— ‘‘(A) prevention, intervention, treatment, and re- covery support services, including such services for adults with a serious mental illness or children with a serious emotional disturbance; ‘‘(B) the reduction of homelessness and incarcer- ation among individuals with a mental or substance use disorder; and Page 838 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa ‘‘(C) public health and health services; and ‘‘(2) include a plan for assessing the use of perform- ance metrics to evaluate activities carried out by en- tities receiving grants, contracts, or cooperative agreements related to mental and substance use dis- orders prevention and treatment services under title V or title XIX of the Public Health Service Act (42 U.S.C. 290aa et seq.; 42 U.S.C. 300w et seq.). ‘‘(c) CONSULTATION.—In carrying out this section, the Assistant Secretary for Planning and Evaluation shall consult, as appropriate, with the Assistant Secretary for Mental Health and Substance Use, the Chief Med- ical Officer of the Substance Abuse and Mental Health Services Administration appointed under section 501(g) of the Public Health Service Act (42 U.S.C. 290aa(g)), as amended by section 6003, the Behavioral Health Coordi- nating Council of the Department of Health and Human Services, other agencies within the Department of Health and Human Services, and other relevant Federal departments and agencies. ‘‘(d) RECOMMENDATIONS.—In carrying out this section, the Assistant Secretary for Planning and Evaluation shall provide recommendations to the Secretary of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, and the Congress on improving the quality of prevention and treatment programs and activities related to mental and sub- stance use disorders, including recommendations for the use of performance metrics. The Assistant Sec- retary for Mental Health and Substance Use shall in- clude such recommendations in the biennial report re- quired by subsection 501(m) of the Public Health Serv- ice Act [42 U.S.C. 290aa(m)], as redesignated by section 6003 of this Act.’’ ASSISTED OUTPATIENT TREATMENT GRANT PROGRAM FOR INDIVIDUALS WITH SERIOUS MENTAL ILLNESS Pub. L. 113–93, title II, § 224, Apr. 1, 2014, 128 Stat. 1083, as amended by Pub. L. 114–255, div. B, title IX, § 9014, Dec. 13, 2016, 130 Stat. 1245, which related to assisted outpatient treatment grant program for individuals with serious mental illness, was editorially reclassified as section 290aa–17 of this title. REPORT BY SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION Pub. L. 102–321, title VII, § 708, July 10, 1992, 106 Stat. 440, directed Administrator of Substance Abuse and Mental Health Services Administration to submit to Congress an interim report, not later than 6 months after July 10, 1992, and a final report, not later than Oct. 1, 1993, concerning current policies and barriers to provision of substance abuse and mental health serv- ices, with emphasis on barriers to health insurance and Medicaid coverage of such services, and further di- rected Secretary of Health and Human Services to ini- tiate, not later than Jan. 1, 1994, research and dem- onstration projects which, consistent with information from reports submitted by the Administrator, explore alternative mechanisms of providing health insurance and treatment services for substance abuse and mental illness. RELATIONSHIP BETWEEN MENTAL ILLNESS AND SUBSTANCE ABUSE Pub. L. 100–690, title II, § 2071, Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and Human Services to conduct a study for the purpose of determining the relationship between mental illness and substance abuse, and developing recommendations on the most ef- fective methods of treatment for individuals with both mental illness and substance abuse problems, and, not later than 12 months after Nov. 18, 1988, to complete the study and submit to Congress the findings made as a result of the study. REPORT WITH RESPECT TO ADMINISTRATION OF CERTAIN RESEARCH PROGRAMS Pub. L. 100–690, title II, § 2073, Nov. 18, 1988, 102 Stat. 4215, directed Secretary of Health and Human Services to request National Academy of Sciences to conduct a review of research activities of National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration and, not later than 12 months after the date on which any contract requested is en- tered into, provide for the completion of the review and submit to Congress a report describing the findings made as a result of the review, with Secretary of Health and Human Services authorized to enter into a contract with National Academy of Sciences to carry out the review. CONGRESSIONAL STATEMENT OF POLICY FOR ALCOHOL AND DRUG ABUSE AMENDMENTS OF 1983 Pub. L. 98–24, § 1(b), Apr. 26, 1983, 97 Stat. 175, provided that: ‘‘It is the policy of the United States and the pur- pose of this Act [see Short Title of 1983 Amendment note set out under section 201 of this title] to provide leadership in the national effort to reduce the inci- dence of alcoholism and alcohol-related problems and drug abuse through— ‘‘(1) a continued Federal commitment to research into the behavioral and biomedical etiology, the treatment, and the mental and physical health and social and economic consequences of alcohol abuse and alcoholism and drug abuse; ‘‘(2) a commitment to— ‘‘(A) extensive dissemination to States, units of local government, community organizations, and private groups of the most recent information and research findings with respect to alcohol abuse and alcoholism and drug abuse, including information with respect to the application of research findings; and ‘‘(B) the accomplishment of such dissemination through up-to-date publications, demonstrations, educational programs, and other appropriate means; ‘‘(3) the provision of technical assistance to re- search personnel; services personnel, and prevention personnel in the field of alcohol abuse and alcoholism and drug abuse; ‘‘(4) the development and encouragement of preven- tion programs designed to combat the spread of alco- holism, alcohol abuse, drug abuse, and the abuse of other legal and illegal substances; ‘‘(5) the development and encouragement of effec- tive occupational prevention and treatment programs within Government and in cooperation with the pri- vate sector; and ‘‘(6) the provision of a Federal response to alcohol abuse and alcoholism and drug abuse which encour- ages the greatest participation by the private sector, both financially and otherwise, and concentrates on carrying out functions relating to alcohol abuse and alcoholism and drug abuse which are truly national in scope.’’ ALCOHOL AND DRUG ABUSE AND MENTAL HEALTH REPORTS BY THE SECRETARY Pub. L. 98–24, § 3, Apr. 26, 1983, 97 Stat. 182, directed Secretary of Health and Human Services to submit to Congress, on or before Jan. 15, 1984, a report describing the extent to which Federal and State programs, de- partments, and agencies are concerned and are dealing effectively with problems of alcohol abuse and alco- holism, problems of drug abuse, and mental illness. TRANSFER OF BALANCES IN WORKING CAPITAL FUND, NARCOTIC HOSPITALS, TO SURPLUS FUND Act July 8, 1947, ch. 210, title II, § 201, 61 Stat. 269, pro- vided: ‘‘That as of June 30, 1947, and the end of each fis- cal year thereafter any balances in the ‘Working cap- ital fund, narcotic hospitals,’ in excess of $150,000 shall be transferred to the surplus fund of the Treasury.’’ [Section 201 of act July 8, 1947, set out above, was for- merly classified to section 258a of this title.] Page 839 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290aa–0 Executive Documents EX. ORD. NO. 13954. SAVING LIVES THROUGH INCREASED SUPPORT FOR MENTAL- AND BEHAVIORAL-HEALTH NEEDS Ex. Ord. No. 13954, Oct. 3, 2020, 85 F.R. 63977, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. My Administration is committed to preventing the tragedy of suicide, ending the opioid crisis, and improving mental and behavioral health. Be- fore the COVID–19 pandemic, these urgent issues were prioritized through significant initiatives, including the President’s Roadmap to Empower Veterans and End a National Tragedy of Suicide (PREVENTS), ex- panded access to medication-assisted treatment and life-saving naloxone, and budget requests for signifi- cant investments in the funding of evidence-based treatment for mental- and behavioral-health needs. During the COVID–19 pandemic, the Federal Govern- ment has dedicated billions of dollars and thousands of hours in resources to help Americans, including ap- proximately $425 million in emergency funds to address mental and substance use disorders through the Sub- stance Abuse and Mental Health Services Administra- tion. The pandemic has also exacerbated mental- and behavioral-health conditions as a result of stress from prolonged lockdown orders, lost employment, and so- cial isolation. Survey data from the Centers for Disease Control and Prevention show that during the last week of June, 40.9 percent of Americans struggled with men- tal-health or substance-abuse issues and 10.7 percent re- ported seriously considering suicide. We must enhance the ability of the Federal Government, as well as its State, local, and Tribal partners, to appropriately ad- dress these ongoing mental- and behavioral-health con- cerns. SEC. 2. Policy. It is the policy of the United States to prevent suicides, drug-related deaths, and poor behav- ioral-health outcomes, particularly those that are in- duced or made worse by prolonged State and local COVID–19 shutdown orders. I am therefore issuing a na- tional call to action to: (a) Engage the resources of the Federal Government to address the mental- and behavioral-health needs of vulnerable Americans, including by: (i) providing crisis-intervention services to treat those in immediate life-threatening situations; and (ii) increasing the availability of and access to quality continuing care following initial crisis reso- lution to improve behavioral-health outcomes; (b) Permit and encourage safe in-person mentorship programs; support-group participation; and attendance at communal facilities, including schools, civic centers, and houses of worship; (c) Increase the availability of telehealth and online mental-health and substance-use tools and services; and (d) Marshal public and private resources to address deteriorating mental health, such as factors that con- tribute to prolonged unemployment and social isola- tion. SEC. 3. Establishment of a Coronavirus Mental Health Working Group. The Coronavirus Mental Health Work- ing Group (Working Group) is hereby established to fa- cilitate an ‘‘all-of-government’’ response to the mental- health conditions induced or exacerbated by the pan- demic, including issues related to suicide prevention. The Working Group will be co-chaired by the Secretary of Health and Human Services, or his designee, and the Assistant to the President for Domestic Policy, or her designee. The Working Group shall be composed of rep- resentatives from the Department of Defense, the De- partment of Justice, the Department of Agriculture, the Department of Labor, the Department of Housing and Urban Development, the Department of Education, the Department of Veterans Affairs, the Small Business Administration, the Office of National Drug Control Policy, the Office of Management and Budget (OMB), and such representatives of other executive depart- ments, agencies, and offices as the Co-Chairs may, from time to time, designate with the concurrence of the head of the department, agency, or office concerned. All members of the Working Group shall be full-time, or permanent part-time, officers or employees of the Federal Government. SEC. 4. Responsibilities of the Coronavirus Mental Health Working Group. (a) As part of the Working Group’s ef- forts, it shall consider the mental- and behavioral- health conditions of those vulnerable populations af- fected by the pandemic, including: minorities, seniors, veterans, small business owners, children, and individ- uals potentially affected by domestic violence or phys- ical abuse; those living with disabilities; and those with a substance use disorder. The Working Group shall ex- amine existing protocols and evidence-based programs that may serve as models to better support these at- risk groups, including implementation and broader ap- plication of the PREVENTS, and the Department of Labor’s Employer Assistance and Resource Network on Disability Inclusion’s Mental Health Toolkit and Cen- tralized Accommodation Programs. (b) Within 45 days of the date of this order [Oct. 3, 2020], the Working Group shall develop and submit to the President a report that outlines a plan for im- proved service coordination between all relevant public and private stakeholders and executive departments and agencies (agencies) to assist individuals in crisis so that they receive effective treatment and recovery services. SEC. 5. Grant Funding for States and Organizations that Permit In-Person Treatment and Recovery Support Activi- ties for Mental and Behavioral Health. The heads of agen- cies, in consultation with the Director of OMB, shall: (a) Examine their existing grant programs that fund mental-health, medical, or related services and, con- sistent with applicable law, take steps to encourage grantees to consider adopting policies, where appro- priate, that have been shown to improve mental health and reduce suicide risk, including the following: (i) Safe in-person and telehealth participation in sup- port groups for people in recovery from substance use disorders, mental-health issues, or other ailments that benefit from communal support; and peer-to-peer serv- ices that support underserved communities; (ii) Safe face-to-face therapeutic services, including group therapy, to remediate poor behavioral health; and (iii) Safe participation in communal support—both faith-based and secular—including educational pro- grams, civic activities, and in-person religious services. (b) Maximize use of existing agency authorities to award contracts or grants to community organizations or other local entities to enhance mental-health and suicide-prevention services, such as outreach, edu- cation, and case management, to vulnerable Ameri- cans. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 290aa–0. National Mental Health and Substance Use Policy Laboratory (a) In general There shall be established within the Adminis- tration a National Mental Health and Substance