[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 4043 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 4043
To revise and extend provisions under the Garrett Lee Smith Memorial
Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 17, 2010
Mr. Dodd (for himself, Mr. Reed, Mr. Durbin, and Mr. Udall of New
Mexico) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To revise and extend provisions under the Garrett Lee Smith Memorial
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Garrett Lee Smith Memorial Act
Reauthorization of 2010''.
SEC. 2. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
Section 520C of the Public Health Service Act (42 U.S.C. 290bb-34)
is amended to read as follows:
``SEC. 520C. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.
``(a) Program Authorized.--The Secretary, acting through the
Administrator of the Substance Abuse and Mental Health Services
Administration, shall establish a research, training, and technical
assistance resource center to provide appropriate information,
training, and technical assistance to States, political subdivisions of
States, federally recognized Indian tribes, tribal organizations,
institutions of higher education, public organizations, or private
nonprofit organizations concerning the prevention of suicide among all
ages, particularly among groups that are at high risk for suicide.
``(b) Responsibilities of the Center.--The center established under
subsection (a) shall--
``(1) assist in the development or continuation of
statewide and tribal suicide early intervention and prevention
strategies for all ages, particularly among groups that are at
high risk for suicide;
``(2) ensure the surveillance of suicide early intervention
and prevention strategies for all ages, particularly among
groups that are at high risk for suicide;
``(3) study the costs and effectiveness of statewide and
tribal suicide early intervention and prevention strategies in
order to provide information concerning relevant issues of
importance to State, tribal, and national policymakers;
``(4) further identify and understand causes and associated
risk factors for suicide for all ages, particularly among
groups that are at high risk for suicide;
``(5) analyze the efficacy of new and existing suicide
early intervention and prevention techniques and technology for
all ages, particularly among groups that are at high risk for
suicide;
``(6) ensure the surveillance of suicidal behaviors and
nonfatal suicidal attempts;
``(7) study the effectiveness of State-sponsored statewide
and tribal suicide early intervention and prevention strategies
for all ages particularly among groups that are at high risk
for suicide on the overall wellness and health promotion
strategies related to suicide attempts;
``(8) promote the sharing of data regarding suicide with
Federal agencies involved with suicide early intervention and
prevention, and State-sponsored statewide and tribal suicide
early intervention and prevention strategies for the purpose of
identifying previously unknown mental health causes and
associated risk factors for suicide among all ages particularly
among groups that are at high risk for suicide;
``(9) evaluate and disseminate outcomes and best practices
of mental health and substance use disorder services at
institutions of higher education; and
``(10) conduct other activities determined appropriate by
the Secretary.
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for fiscal year 2011, and such sums as may be necessary for each of
fiscal years 2012 through 2015.''.
SEC. 3. YOUTH SUICIDE INTERVENTION AND PREVENTION STRATEGIES.
Section 520E of the Public Health Service Act (42 U.S.C. 290bb-36)
is amended to read as follows:
``SEC. 520E. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION
STRATEGIES.
``(a) In General.--The Secretary, acting through the Administrator
of the Substance Abuse and Mental Health Services Administration, shall
award grants or cooperative agreements to eligible entities to--
``(1) develop and implement State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies in schools, educational institutions, juvenile
justice systems, substance use disorder programs, mental health
programs, foster care systems, and other child and youth
support organizations;
``(2) support public organizations and private nonprofit
organizations actively involved in State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies and in the development and continuation of State-
sponsored statewide youth suicide early intervention and
prevention strategies;
``(3) provide grants to institutions of higher education to
coordinate the implementation of State-sponsored statewide or
tribal youth suicide early intervention and prevention
strategies;
``(4) collect and analyze data on State-sponsored statewide
or tribal youth suicide early intervention and prevention
services that can be used to monitor the effectiveness of such
services and for research, technical assistance, and policy
development; and
``(5) assist eligible entities, through State-sponsored
statewide or tribal youth suicide early intervention and
prevention strategies, in achieving targets for youth suicide
reductions under title V of the Social Security Act.
``(b) Eligible Entity.--
``(1) Definition.--In this section, the term `eligible
entity' means--
``(A) a State;
``(B) a public organization or private nonprofit
organization designated by a State to develop or direct
the State-sponsored statewide youth suicide early
intervention and prevention strategy; or
``(C) a federally recognized Indian tribe or tribal
organization (as defined in the Indian Self-
Determination and Education Assistance Act) or an urban
Indian organization (as defined in the Indian Health
Care Improvement Act) that is actively involved in the
development and continuation of a tribal youth suicide
early intervention and prevention strategy.
``(2) Limitation.--In carrying out this section, the
Secretary shall ensure that a State does not receive more than
one grant or cooperative agreement under this section at any
one time. For purposes of the preceding sentence, a State shall
be considered to have received a grant or cooperative agreement
if the eligible entity involved is the State or an entity
designated by the State under paragraph (1)(B). Nothing in this
paragraph shall be constructed to apply to entities described
in paragraph (1)(C).
``(c) Preference.--In providing assistance under a grant or
cooperative agreement under this section, an eligible entity shall give
preference to public organizations, private nonprofit organizations,
political subdivisions, institutions of higher education, and tribal
organizations actively involved with the State-sponsored statewide or
tribal youth suicide early intervention and prevention strategy that--
``(1) provide early intervention and assessment services,
including screening programs, to youth who are at risk for
mental or emotional disorders that may lead to a suicide
attempt, and that are integrated with school systems,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations;
``(2) demonstrate collaboration among early intervention
and prevention services or certify that entities will engage in
future collaboration;
``(3) employ or include in their applications a commitment
to evaluate youth suicide early intervention and prevention
practices and strategies adapted to the local community;
``(4) provide timely referrals for appropriate community-
based mental health care and treatment of youth who are at risk
for suicide in child-serving settings and agencies;
``(5) provide immediate support and information resources
to families of youth who are at risk for suicide;
``(6) offer access to services and care to youth with
diverse linguistic and cultural backgrounds;
``(7) offer appropriate postsuicide intervention services,
care, and information to families, friends, schools,
educational institutions, juvenile justice systems, substance
use disorder programs, mental health programs, foster care
systems, and other child and youth support organizations of
youth who recently completed suicide;
``(8) offer continuous and up-to-date information and
awareness campaigns that target parents, family members, child
care professionals, community care providers, and the general
public and highlight the risk factors associated with youth
suicide and the life-saving help and care available from early
intervention and prevention services;
``(9) ensure that information and awareness campaigns on
youth suicide risk factors, and early intervention and
prevention services, use effective communication mechanisms
that are targeted to and reach youth, families, schools,
educational institutions, and youth organizations;
``(10) provide a timely response system to ensure that
child-serving professionals and providers are properly trained
in youth suicide early intervention and prevention strategies
and that child-serving professionals and providers involved in
early intervention and prevention services are properly trained
in effectively identifying youth who are at risk for suicide;
``(11) provide continuous training activities for child
care professionals and community care providers on the latest
youth suicide early intervention and prevention services
practices and strategies;
``(12) conduct annual self-evaluations of outcomes and
activities, including consulting with interested families and
advocacy organizations;
``(13) provide services in areas or regions with rates of
youth suicide that exceed the national average as determined by
the Centers for Disease Control and Prevention; and
``(14) obtain informed written consent from a parent or
legal guardian of an at-risk child before involving the child
in a youth suicide early intervention and prevention program.
``(d) Requirement for Direct Services.--Not less than 85 percent of
grant funds received under this section shall be used to provide direct
services, of which not less than 5 percent shall be used for activities
authorized under subsection (a)(3).
``(e) Consultation and Policy Development.--
``(1) In general.--In carrying out this section, the
Secretary shall collaborate with relevant Federal agencies and
suicide working groups responsible for early intervention and
prevention services relating to youth suicide.
``(2) Consultation.--In carrying out this section, the
Secretary shall consult with--
``(A) State and local agencies, including agencies
responsible for early intervention and prevention
services under title XIX of the Social Security Act,
the State Children's Health Insurance Program under
title XXI of the Social Security Act, and programs
funded by grants under title V of the Social Security
Act;
``(B) local and national organizations that serve
youth at risk for suicide and their families;
``(C) relevant national medical and other health
and education specialty organizations;
``(D) youth who are at risk for suicide, who have
survived suicide attempts, or who are currently
receiving care from early intervention services;
``(E) families and friends of youth who are at risk
for suicide, who have survived suicide attempts, who
are currently receiving care from early intervention
and prevention services, or who have completed suicide;
``(F) qualified professionals who possess the
specialized knowledge, skills, experience, and relevant
attributes needed to serve youth at risk for suicide
and their families; and
``(G) third-party payers, managed care
organizations, and related commercial industries.
``(3) Policy development.--In carrying out this section,
the Secretary shall--
``(A) coordinate and collaborate on policy
development at the Federal level with the relevant
Department of Health and Human Services agencies and
suicide working groups; and
``(B) consult on policy development at the Federal
level with the private sector, including consumer,
medical, suicide prevention advocacy groups, and other
health and education professional-based organizations,
with respect to State-sponsored statewide or tribal
youth suicide early intervention and prevention
strategies.
``(f) Rule of Construction; Religious and Moral Accommodation.--
Nothing in this section shall be construed to require suicide
assessment, early intervention, or treatment services for youth whose
parents or legal guardians object based on the parents' or legal
guardians' religious beliefs or moral objections.
``(g) Evaluations and Report.--
``(1) Evaluations by eligible entities.--Not later than 18
months after receiving a grant or cooperative agreement under
this section, an eligible entity shall submit to the Secretary
the results of an evaluation to be conducted by the entity
concerning the effectiveness of the activities carried out
under the grant or agreement.
``(2) Report.--Not later than 2 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report concerning the
results of--
``(A) the evaluations conducted under paragraph
(1); and
``(B) an evaluation conducted by the Secretary to
analyze the effectiveness and efficacy of the
activities conducted with grants, collaborations, and
consultations under this section.
``(h) Rule of Construction; Student Medication.--Nothing in this
section shall be construed to allow school personnel to require that a
student obtain any medication as a condition of attending school or
receiving services.
``(i) Prohibition.--Funds appropriated to carry out this section,
section 527, or section 529 shall not be used to pay for or refer for
abortion.
``(j) Parental Consent.--States and entities receiving funding
under this section shall obtain prior written, informed consent from
the child's parent or legal guardian for assessment services, school-
sponsored programs, and treatment involving medication related to youth
suicide conducted in elementary and secondary schools. The requirement
of the preceding sentence does not apply in the following cases:
``(1) In an emergency, where it is necessary to protect the
immediate health and safety of the student or other students.
``(2) Other instances, as defined by the State, where
parental consent cannot reasonably be obtained.
``(k) Relation to Education Provisions.--Nothing in this section
shall be construed to supersede section 444 of the General Education
Provisions Act, including the requirement of prior parental consent for
the disclosure of any education records. Nothing in this section shall
be construed to modify or affect parental notification requirements for
programs authorized under the Elementary and Secondary Education Act of
1965 (as amended by the No Child Left Behind Act of 2001; Public Law
107-110).
``(l) Definitions.--In this section:
``(1) Early intervention.--The term `early intervention'
means a strategy or approach that is intended to prevent an
outcome or to alter the course of an existing condition.
``(2) Educational institution; institution of higher
education; school.--The term--
``(A) `educational institution' means a school or
institution of higher education;
``(B) `institution of higher education' has the
meaning given such term in section 101 of the Higher
Education Act of 1965; and
``(C) `school' means an elementary or secondary
school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965).
``(3) Prevention.--The term `prevention' means a strategy
or approach that reduces the likelihood or risk of onset, or
delays the onset, of adverse health problems that have been
known to lead to suicide.
``(4) Youth.--The term `youth' means individuals who are
between 10 and 24 years of age.
``(m) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $34,000,000
for fiscal year 2011, $38,000,000 for fiscal year 2012, and $42,000,000
for fiscal year 2013, $46,000,000 for fiscal year 2014, and $50,000,000
for fiscal year 2015.''.
SEC. 4. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES AND OUTREACH
ON CAMPUS.
(a) Mental Health and Substance Use Disorders Services on Campus.--
Section 520E-2 of the Public Health Service Act (42 U.S.C. 290bb-36b)
is amended to read as follows:
``SEC. 520E-2. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES ON
CAMPUS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services and in consultation with the
Secretary of Education, shall award grants on a competitive basis to
institutions of higher education to enhance services for students with
mental health or substance use disorders and to develop best practices
for the delivery of such services.
``(b) Uses of Funds.--Amounts received under a grant under this
section shall be used for 1 or more of the following activities:
``(1) The provision of mental health and substance use
disorder services to students, including prevention, promotion
of mental health, voluntary screening, early intervention,
voluntary assessment, treatment, and management of mental
health and substance abuse disorder issues.
``(2) The provision of outreach services to notify students
about the existence of mental health and substance use disorder
services.
``(3) Educating students, families, faculty, staff, and
communities to increase awareness of mental health and
substance use disorders.
``(4) The employment of appropriately trained staff,
including administrative staff.
``(5) The provision of training to students, faculty, and
staff to respond effectively to students with mental health and
substance use disorders.
``(6) The creation of a networking infrastructure to link
colleges and universities with providers who can treat mental
health and substance use disorders.
``(7) Developing, supporting, evaluating, and disseminating
evidence-based and emerging best practices.
``(c) Implementation of Activities Using Grant Funds.--An
institution of higher education that receives a grant under this
section may carry out activities under the grant through--
``(1) college counseling centers;
``(2) college and university psychological service centers;
``(3) mental health centers;
``(4) psychology training clinics;
``(5) institution of higher education supported, evidence-
based, mental health and substance use disorder programs; or
``(6) any other entity that provides mental health and
substance use disorder services at an institution of higher
education.
``(d) Application.--To be eligible to receive a grant under this
section, an institution of higher education shall prepare and submit to
the Secretary an application at such time and in such manner as the
Secretary may require. At a minimum, such application shall include the
following:
``(1) A description of identified mental health and
substance use disorder needs of students at the institution of
higher education.
``(2) A description of Federal, State, local, private, and
institutional resources currently available to address the
needs described in paragraph (1) at the institution of higher
education.
``(3) A description of the outreach strategies of the
institution of higher education for promoting access to
services, including a proposed plan for reaching those students
most in need of mental health services.
``(4) A plan, when applicable, to meet the specific mental
health and substance use disorder needs of veterans attending
institutions of higher education.
``(5) A plan to seek input from community mental health
providers, when available, community groups and other public
and private entities in carrying out the program under the
grant.
``(6) A plan to evaluate program outcomes, including a
description of the proposed use of funds, the program
objectives, and how the objectives will be met.
``(7) An assurance that the institution will submit a
report to the Secretary each fiscal year concerning the
activities carried out with the grant and the results achieved
through those activities.
``(e) Special Considerations.--In awarding grants under this
section, the Secretary shall give special consideration to applications
that describe programs to be carried out under the grant that--
``(1) demonstrate the greatest need for new or additional
mental and substance use disorder services, in part by
providing information on current ratios of students to mental
health and substance use disorder health professionals and
``(2) demonstrate the greatest potential for replication.
``(f) Requirement of Matching Funds.--
``(1) In general.--The Secretary may make a grant under
this section to an institution of higher education only if the
institution agrees to make available (directly or through
donations from public or private entities) non-Federal
contributions in an amount that is not less than $1 for each $1
of Federal funds provided under the grant, toward the costs of
activities carried out with the grant (as described in
subsection (b)) and other activities by the institution to
reduce student mental health and substance use disorders.
``(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or in
kind. Amounts provided by the Federal Government, or services
assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of
such non-Federal contributions.
``(3) Waiver.--The Secretary may waive the application of
paragraph (1) with respect to an institution of higher
education if the Secretary determines that extraordinary need
at the institution justifies the waiver.
``(g) Reports.--For each fiscal year that grants are awarded under
this section, the Secretary shall conduct a study on the results of the
grants and submit to the Congress a report on such results that
includes the following:
``(1) An evaluation of the grant program outcomes,
including a summary of activities carried out with the grant
and the results achieved through those activities.
``(2) Recommendations on how to improve access to mental
health and substance use disorder services at institutions of
higher education, including efforts to reduce the incidence of
suicide and substance use disorders.
``(h) Definitions.--In this section, the term `institution of
higher education' has the meaning given such term in section 101 of the
Higher Education Act of 1965.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,000,000
for fiscal year 2011, and such sums as may be necessary for each of
fiscal years 2012 through 2015.''.
(b) Mental Health and Substance Use Disorder Outreach and Education
on College Campuses.--Subpart 3 of part B of title V of the Public
Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by inserting
after section 520E-2 (as amended by subsection (a)) the following:
``SEC. 520E-3. MENTAL HEALTH AND SUBSTANCE USE DISORDER OUTREACH AND
EDUCATION ON COLLEGE CAMPUSES.
``(a) Purpose.--It is the purpose of this section to increase
access to, and reduce the stigma associated with, mental health
services so as to ensure that college students have the support
necessary to successfully complete their studies.
``(b) National Public Education Campaign.--The Secretary, acting
through the Administrator and in collaboration with the Director of the
Centers for Disease Control and Prevention, shall convene an
interagency, public-private sector working group to plan, establish,
and begin coordinating and evaluating a targeted public education
campaign that is designed to focus on mental health and substance use
disorders on college campuses. Such campaign shall be designed to--
``(1) improve the general understanding of mental health
and mental health disorders, and substance use disorders;
``(2) encourage help-seeking behaviors relating to the
promotion of mental health, prevention of mental health and
substance use disorders, and treatment of such disorders;
``(3) make the connection between mental health and
substance use disorders and academic success; and
``(4) assist the general public in identifying the early
warning signs and reducing the stigma of mental illness.
``(c) Composition.--The working group under subsection (b) shall
include--
``(1) consumers of mental health services and their family
members;
``(2) representatives of colleges and universities;
``(3) representatives of national mental and behavioral
health and college associations;
``(4) representatives of mental health providers, including
community mental health centers; and
``(5) representatives of private- and public-sector groups
with experience in the development of effective public health
education campaigns.
``(d) Plan.--The working group under subsection (b) shall develop a
plan that shall--
``(1) target promotional and educational efforts to the
college age population and individuals who are employed in
college and university settings, including the use of
roundtables;
``(2) develop and propose the implementation of research-
based public health messages and activities;
``(3) provide support for local efforts to reduce stigma by
using the National Mental Health Information Center as a
primary point of contact for in formation, publications, and
service program referrals; and
``(4) develop and propose the implementation of a social
marketing campaign that is targeted at the college population
and individuals who are employed in college and university
settings.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this
section.''.
SEC. 5. INTERAGENCY WORKING GROUP ON COLLEGE MENTAL HEALTH.
(a) Purpose.--It is the purpose of this section, pursuant to
Executive Order 13263 (and the recommendations issued under section
6(b) of such Order), to provide for the establishment of a College
Campus Task Force under the Federal Executive Steering Committee on
Mental Health, to discuss mental health and substance use disorder
concerns on college and university campuses.
(b) Establishment.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall establish a
College Campus Task Force (referred to in this section as the ``Task
Force''), under the Federal Executive Steering Committee on Mental
Health, to discuss mental health and substance use disorder concerns on
college and university campuses.
(c) Membership.--The Task Force shall be composed of a
representative from each Federal agency (as appointed by the head of
the agency) that has jurisdiction over, or is affected by, mental
health and education policies and projects, including--
(1) the Department of Education;
(2) the Department of Health and Human Services;
(3) the Department of Veterans Affairs; and
(4) such other Federal agencies as the Administrator of the
Substance Abuse and Mental Health Services Administration and
the Secretary jointly determine to be appropriate.
(d) Duties.--The Task Force shall--
(1) serve as a centralized mechanism to coordinate a
national effort--
(A) to discuss and evaluate evidence and knowledge
on mental and behavioral health services available to,
and the prevalence of mental health illness and
substance use disorders among, the college age
population of the United States;
(B) to determine the range of effective, feasible,
and comprehensive actions to improve mental health and
address substance use disorders on college and
university campuses;
(C) to examine and better address the needs of the
college age population dealing with mental illness and
substance use disorders;
(D) to survey Federal agencies to determine which
policies are effective in encouraging, and how best to
facilitate outreach without duplicating, efforts
relating to mental and behavioral health promotion;
(E) to establish specific goals within and across
Federal agencies for mental health promotion, including
determinations of accountability for reaching those
goals;
(F) to develop a strategy for allocating
responsibilities and ensuring participation in mental
health and substance use disorder promotions,
particularly in the case of competing agency
priorities;
(G) to coordinate plans to communicate research
results relating to mental and behavioral health
amongst the college age population to produce more
useful and timely information;
(H) to provide a description of evidence based best
practices, model programs, effective guidelines, and
other strategies for promoting mental health and
substance use disorder on college and university
campuses;
(I) to make recommendations to improve Federal
efforts relating to mental and behavioral health
promotion on college campuses and to ensure Federal
efforts are consistent with available standards and
evidence and other programs in existence as of the date
of enactment of this Act; and
(J) to monitor Federal progress in meeting specific
mental and behavioral health promotion goals as they
relate to college and university settings;
(2) consult with national organizations with expertise in
mental health and substance use disorder, especially those
organizations working with the college age population; and
(3) consult with and seek input from mental heath
professionals working on college and university campuses as
appropriate.
(e) Meetings.--
(1) In general.--The Task Force shall meet at least 3 times
each year.
(2) Annual conference.--The Secretary shall sponsor an
annual conference on mental and behavioral health in college
and university settings to enhance coordination, build
partnerships, and share best practices in mental health and
substance use disorder promotion, data collection, analysis,
and services.
(f) Authorization of Appropriations.--There are authorized to be
appropriated, such sums as may be necessary to carry out this section.
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