[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 740 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 740

 To revise and extend provisions under the Garrett Lee Smith Memorial 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 2011

Mr. Reed (for himself, Ms. Murkowski, 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 2011''.

SEC. 2. SUICIDE PREVENTION TECHNICAL ASSISTANCE CENTER.

    (a) Repeal.--Section 520C of the Public Health Service Act (42 
U.S.C. 290bb-34) is repealed.
    (b) Suicide Prevention Technical Assistance Center.--Title V of the 
Public Health Service Act (42 U.S.C. 290aa et seq.) (as amended by 
subsection (a)) is amended by inserting after section 520B the 
following:

``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 each of the fiscal years 2012 through 2016.''.

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 $32,000,000 
for each of the fiscal years 2012 through 2016.''.

SEC. 4. MENTAL HEALTH AND SUBSTANCE USE DISORDERS SERVICES AND OUTREACH 
              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 $7,000,000 
for each of the fiscal years 2012 through 2016.''.
                                 <all>