Library / Laws / 113th / hr / H.R. 2734 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2734
IN THE HOUSE OF REPRESENTATIVES
July 18, 2013
Mr. Cassidy (for
himself and Mr. Danny K. Davis of
Illinois) introduced the following bill; which was referred to the
Committee on Energy and
Commerce
A BILL
To revise and extend provisions under the Garrett Lee
Smith Memorial Act.
1.
Short title
This Act may be cited as the
Garrett Lee Smith Memorial Act
Reauthorization of 2013.
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:
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 award a grant for the operation and maintenance
of 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
operated and maintained 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 $4,957,000 for each of the fiscal years
2014 through
2018.
.
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:
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 $29,738,000 for each of the fiscal
years 2014 through
2018.
.
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:
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 $4,975,000 for each of the fiscal years
2014 through
2018.
.