; and (2) in subsection (b), by adding at the end the following new paragraph: (6) Accountability and maintenance of effort requirements for additional federal funding for increased expenditures for behavioral health services As a condition for receiving the funds the Secretary is otherwise obligated to pay to a State under subsection (a)(5)(B), a State shall meet the following requirements: (A) Supplement, not supplant The State shall use the funds received under such subsection to supplement, not supplant, the level of State funds expended for the offering, arranging, and furnishing (directly or on a contract basis) under the State plan (or under a waiver of the plan) of behavioral health services (including those related to mental health and substance use) through programs and activities in effect as of April 1, 2021. (B) Use of funds for activities that improve delivery of behavioral health services The State shall use the funds received under such subsection for activities that increase the capacity, efficiency, and quality in the provision of behavioral health services (including those related to mental health and substance use) delivered by providers, including through increases in payment rates for providers of those services and the adoption of other measures that ensure a reduction in staff turnover. . (b) Sub-Regulatory guidance Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue sub-regulatory guidance to States specifying the services that are behavioral health services for purposes of subparagraph (B) of section 1903(a)(5) of the Social Security Act ( 42 U.S.C. 1396b(a)(5) ), as added by subsection (a)(1). (c) Effective date The amendments made by this section shall apply with respect to calendar quarters beginning on or after January 1 of the year that begins 1 year after the date of the enactment of this Act. 3. Report regarding behavioral health service Not later than 1 year after the date of enactment of this Act, and annually