42 U.S.C. § 290bb-36
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall award grants or cooperative agreements to eligible entities to-
In this section, the term "eligible entity" means-
In carrying out this section, the Secretary shall ensure that a State does not receive more than 1 grant or cooperative agreement under this section at any 1 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 construed to apply to entities described in paragraph (1)(C).
In awarding grants under this section, the Secretary shall take into consideration the extent of the need of the applicant, including the incidence and prevalence of suicide in the State and among the populations of focus, including rates of suicide determined by the Centers for Disease Control and Prevention for the State or population of focus.
An entity described in paragraph (1)(A) or (1)(B) that applies for a grant or cooperative agreement under this section shall agree to consult or confer with entities described in paragraph (1)(C) and Native Hawaiian Health Care Systems, as applicable, in the applicable State with respect to the development and implementation of a statewide early intervention strategy.
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-
Not less than 85 percent of grant funds received under this section shall be used to provide suicide prevention activities.
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.
In carrying out this section, the Secretary shall consult with-
In carrying out this section, the Secretary shall-
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.
Not later than 24 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.
Not later than December 31, 2025, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of-
Nothing in this section or section 290bb-36a of this title shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services.
Funds appropriated to carry out this section, section 290bb-34 of this title, section 290bb-36a of this title, or section 290bb-36b of this title shall not be used to pay for or refer for abortion.
States and entities receiving funding under this section and section 290bb-36a of this title 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:
Nothing in this section or section 290bb-36a of this title shall be construed to supersede section 1232g of title 20, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section or section 290bb-36a of this title shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (as amended by the No Child Left Behind Act of 2001; Public Law 107-110).
In this section:
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.
The term-
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.
The term "youth" means individuals who are up to 24 years of age.
For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for each of fiscal years 2023 through 2027.
42 U.S.C. § 290bb-36
EDITORIAL NOTES
REFERENCES IN TEXTThe Social Security Act, referred to in subsecs. (a)(5) and (e)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles V, XIX, and XXI of the Act are classified generally to subchapters V (§701 et seq.), XIX (§1396 et seq.), and XXI (§1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(1)(C), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.The Indian Health Care Improvement Act, referred to in subsec. (b)(1)(C), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.The Elementary and Secondary Education Act of 1965, referred to in subsec. (k), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§6301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables.The No Child Left Behind Act of 2001, referred to in subsec. (k), is Pub. L. 107-110, 115 Stat. 1425. For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under section 6301 of Title 20, Education, and Tables.
PRIOR PROVISIONSA prior section 290bb-36, act July 1, 1944, ch. 373, title V, §520E, as added Pub. L. 106-310, div. B, title XXXI, §31113111,, 114 Stat. 1186, and amended, which related to suicide prevention for children and adolescents, was renumbered section 520E-1 of act July 1, 1944, by Pub. L. 108-355, §3(b)(2), Oct. 21, 2004, 118 Stat. 1409, and transferred to section 290bb-36a of this title.
AMENDMENTS2022- Pub. L. 117-328, §1422(2), substituted "Tribal" for "tribal" wherever appearing.Subsec. (a)(1). Pub. L. 117-328, §1422(3), inserted "pediatric health programs," after "foster care systems,". Subsec. (b)(1)(B). Pub. L. 117-328, §1422(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "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".Subsec. (b)(1)(C). Pub. L. 117-328, §1422(1), substituted "Tribe" for "tribe". Subsec. (c)(1). Pub. L. 117-328, §1422(5)(A), inserted "pediatric health programs," after "foster care systems,".Subsec. (c)(7). Pub. L. 117-328, §1422(5)(B), inserted "pediatric health programs," after "foster care systems,".Subsec. (c)(9). Pub. L. 117-328, §1422(5)(C), inserted "pediatric health programs," after "educational institutions,".Subsec. (c)(15). Pub. L. 117-328, §1422(5)(D)-(F), added par. (15).Subsec. (d). Pub. L. 117-328, §1422(6), substituted "suicide prevention activities" for "direct services" in heading and "suicide prevention activities" for "direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3)" in text.Subsec. (e)(3)(A). Pub. L. 117-328, §1422(7), inserted "and the Department of Education, as appropriate" after "agencies and suicide working groups". Subsec. (g)(1). Pub. L. 117-328, §1422(8)(A), substituted "24" for "18". Subsec. (g)(2). Pub. L. 117-328, §1422(8)(B), substituted "December 31, 2025" for "2 years after December 13, 2016".Subsec. (l)(4). Pub. L. 117-328, §1422(9), substituted "up to 24 years of age" for "between 10 and 24 years of age".Subsec. (m). Pub. L. 117-328, §1422(10), substituted "$40,000,000 for each of fiscal years 2023 through 2027" for "$30,000,000 for each of fiscal years 2018 through 2022". 2020-Subsec. (b)(4). Pub. L. 116-260 added par. (4).2016-Subsec. (a). Pub. L. 114-255, §6001(c)(1), substituted "Assistant Secretary for Mental Health and Substance Use" for "Administrator of the Substance Abuse and Mental Health Services Administration" in introductory provisions.Subsec. (a)(1). Pub. L. 114-255, §9008(b)(1), substituted "substance use disorder" for "substance abuse".Subsec. (b)(2). Pub. L. 114-255, §9008(b)(2)(A), substituted "ensure that a State does not receive more than 1 grant or cooperative agreement under this section at any 1 time" for "ensure that each State is awarded only 1 grant or cooperative agreement under this section" and "received" for "been awarded".Subsec. (b)(3). Pub. L. 114-255, §9008(b)(2)(B), added par. (3). Subsec. (c)(1), (7). Pub. L. 114-255, §9008(b)(1), substituted "substance use disorder" for "substance abuse".Subsec. (g)(2). Pub. L. 114-255, §9008(b)(3), substituted "2 years after December 13, 2016," for "2 years after October 21, 2004,".Subsec. (m). Pub. L. 114-255, §9008(b)(4), added subsec. (m) and struck out former subsec. (m) which authorized appropriations for fiscal years 2005 to 2007 and provided that the Secretary should give preference to certain States if less than $3,500,000 was appropriated for any fiscal year. 2015-Subsec. (l)(2)(C). Pub. L. 114-95 substituted "elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)" for "elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965)".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114-95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114-95 set out as a note under section 6301 of Title 20, Education.
CONGRESSIONAL FINDINGS Pub. L. 108-355, §2, Oct. 21, 2004, 118 Stat. 1404, provided that: "Congress makes the following findings:"(1) More children and young adults die from suicide each year than from cancer, heart disease, AIDS, birth defects, stroke, and chronic lung disease combined. "(2) Over 4,000 children and young adults tragically take their lives every year, making suicide the third overall cause of death between the ages of 10 and 24. According to the Centers for Disease Control and Prevention, suicide is the third overall cause of death among college-age students. "(3) According to the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention, children and young adults accounted for 15 percent of all suicides completed in 2000. "(4) From 1952 to 1995, the rate of suicide in children and young adults tripled."(5) From 1980 to 1997, the rate of suicide among young adults ages 15 to 19 increased 11 percent."(6) From 1980 to 1997, the rate of suicide among children ages 10 to 14 increased 109 percent."(7) According to the National Center of Health Statistics, suicide rates among Native Americans range from 1.5 to 3 times the national average for other groups, with young people ages 15 to 34 making up 64 percent of all suicides."(8) Congress has recognized that youth suicide is a public health tragedy linked to underlying mental health problems and that youth suicide early intervention and prevention activities are national priorities."(9) Youth suicide early intervention and prevention have been listed as urgent public health priorities by the President's New Freedom Commission in [probably should be "on"] Mental Health (2002), the Institute of Medicine's Reducing Suicide: A National Imperative (2002), the National Strategy for Suicide Prevention: Goals and Objectives for Action (2001), and the Surgeon General's Call to Action To Prevent Suicide (1999)."(10) Many States have already developed comprehensive statewide youth suicide early intervention and prevention strategies that seek to provide effective early intervention and prevention services."(11) In a recent report, a startling 85 percent of college counseling centers revealed an increase in the number of students they see with psychological problems. Furthermore, the American College Health Association found that 61 percent of college students reported feeling hopeless, 45 percent said they felt so depressed they could barely function, and 9 percent felt suicidal."(12) There is clear evidence of an increased incidence of depression among college students. According to a survey described in the Chronicle of Higher Education (February 1, 2002), depression among freshmen has nearly doubled (from 8.2 percent to 16.3 percent). Without treatment, researchers recently noted that 'depressed adolescents are at risk for school failure, social isolation, promiscuity, self-medication with drugs and alcohol, and suicide-now the third leading cause of death among 10-24 year olds.'."(13) Researchers who conducted the study 'Changes in Counseling Center Client Problems Across 13 Years' (1989-2001) at Kansas State University stated that 'students are experiencing more stress, more anxiety, more depression than they were a decade ago.' (The Chronicle of Higher Education, February 14, 2003). "(14) According to the 2001 National Household Survey on Drug Abuse, 20 percent of full-time undergraduate college students use illicit drugs."(15) The 2001 National Household Survey on Drug Abuse also reported that 18.4 percent of adults aged 18 to 24 are dependent on or abusing illicit drugs or alcohol. In addition, the study found that 'serious mental illness is highly correlated with substance dependence or abuse. Among adults with serious mental illness in 2001, 20.3 percent were dependent on or abused alcohol or illicit drugs, while the rate among adults without serious mental illness was only 6.3 percent.'."(16) A 2003 Gallagher's Survey of Counseling Center Directors found that 81 percent were concerned about the increasing number of students with more serious psychological problems, 67 percent reported a need for more psychiatric services, and 63 percent reported problems with growing demand for services without an appropriate increase in resources."(17) The International Association of Counseling Services accreditation standards recommend 1 counselor per 1,000 to 1,500 students. According to the 2003 Gallagher's Survey of Counseling Center Directors, the ratio of counselors to students is as high as 1 counselor per 2,400 students at institutions of higher education with more than 15,000 students."
- Administrator
- The term "Administrator" means the Administrator of General Services.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Surgeon General
- The term "Surgeon General" means the Surgeon General of the Public Health Service;
- practices
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.