Garrett Lee Smith Memorial Act
PL 108-355 (S.2634), enacted 10/21/2004

118 STAT. 1404
PUBLIC LAW 108–355—OCT. 21, 2004
Public Law 108–355
108th Congress
An Act
To amend the Public Health Service Act to support the planning, implementation,
and evaluation of organized activities involving statewide youth suicide early
intervention and prevention strategies, to authorize grants to institutions of higher
education to reduce student mental and behavioral health problems, and for
other purposes.
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’’.
SEC. 2. FINDINGS.
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 sui-
cides 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 activi-
ties 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 Mental Health (2002), the
Institute of Medicine’s Reducing Suicide: A National Imperative
42 USC
290bb–36 note.
Garrett Lee
Smith
Memorial Act.
42 USC 201 note.
Oct. 21, 2004
[S. 2634]
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118 STAT. 1405
PUBLIC LAW 108–355—OCT. 21, 2004
(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 stu-
dents 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 Direc-
tors 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.
SEC. 3. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
(a) YOUTH INTERAGENCY RESEARCH, TRAINING, AND TECHNICAL
ASSISTANCE CENTERS.—Section 520C of the Public Health Service
Act (42 U.S.C. 290bb–34) is amended—
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118 STAT. 1406
PUBLIC LAW 108–355—OCT. 21, 2004
(1) in subsection (a)—
(A) by striking ‘‘Health, shall award grants’’ and
inserting ‘‘Health—
‘‘(1) shall award grants’’;
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(2) shall award a competitive grant to 1 additional
research, training, and technical assistance center to carry
out the activities described in subsection (d).’’;
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘grant or contract under subsection (a)’’ and
inserting ‘‘grant or contract under subsection (a)(1)’’;
(3) in subsection (d)—
(A) by striking ‘‘APPROPRIATIONS.—For the purpose of
carrying out this section’’ and inserting ‘‘APPROPRIATIONS.—
‘‘(1) For the purpose of awarding grants or contracts under
subsection (a)(1)’’; and
(B) by adding at the end the following:
‘‘(2) For the purpose of awarding a grant under subsection
(a)(2), there are authorized to be appropriated $3,000,000 for
fiscal year 2005, $4,000,000 for fiscal year 2006, and $5,000,000
for fiscal year 2007.’’;
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
‘‘(d) ADDITIONAL CENTER.—The additional research, training,
and technical assistance center established under subsection (a)(2)
shall provide appropriate information, training, and technical assist-
ance to States, political subdivisions of a State, Federally recognized
Indian tribes, tribal organizations, institutions of higher education,
public organizations, or private nonprofit organizations for—
‘‘(1) the development or continuation of statewide or tribal
youth suicide early intervention and prevention strategies;
‘‘(2) ensuring the surveillance of youth suicide early inter-
vention and prevention strategies;
‘‘(3) studying the costs and effectiveness of statewide youth
suicide early intervention and prevention strategies in order
to provide information concerning relevant issues of importance
to State, tribal, and national policymakers;
‘‘(4) further identifying and understanding causes and asso-
ciated risk factors for youth suicide;
‘‘(5) analyzing the efficacy of new and existing youth suicide
early intervention techniques and technology;
‘‘(6) ensuring the surveillance of suicidal behaviors and
nonfatal suicidal attempts;
‘‘(7) studying the effectiveness of State-sponsored statewide
and tribal youth suicide early intervention and prevention
strategies on the overall wellness and health promotion strate-
gies related to suicide attempts;
‘‘(8) promoting the sharing of data regarding youth suicide
with Federal agencies involved with youth suicide early inter-
vention and prevention, and State-sponsored statewide or tribal
youth suicide early intervention and prevention strategies for
the purpose of identifying previously unknown mental health
causes and associated risk factors for suicide in youth;
Appropriation
authorization.
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118 STAT. 1407
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(9) evaluating and disseminating outcomes and best prac-
tices of mental and behavioral health services at institutions
of higher education; and
‘‘(10) other activities determined appropriate by the Sec-
retary.’’.
(b) SUICIDE PREVENTION FOR YOUTH.—Title V of the Public
Health Service Act (42 U.S.C. 290aa et seq.) is amended—
(1) in section 520E (42 U.S.C. 290bb–36)—
(A) in the section heading by striking ‘‘CHILDREN
AND ADOLESCENTS’’ and inserting ‘‘YOUTH’’;
(B) by striking subsection (a) and inserting the fol-
lowing:
‘‘(a) IN
GENERAL.—The Secretary shall award grants or
cooperative agreements to public organizations, private nonprofit
organizations, political subdivisions, consortia of political subdivi-
sions, consortia of States, or Federally recognized Indian tribes
or tribal organizations to design early intervention and prevention
strategies that will complement the State-sponsored statewide or
tribal youth suicide early intervention and prevention strategies
developed pursuant to section 520E.’’;
(C) in subsection (b), by striking all after ‘‘coordinated’’
and inserting ‘‘with the relevant Department of Health
and Human Services agencies and suicide working groups.’’;
(D) in subsection (c)—
(i) in the matter preceding paragraph (1), by
striking ‘‘A State’’ and all that follows through
‘‘desiring’’ and inserting ‘‘A public organization, private
nonprofit organization, political subdivision, consor-
tium of political subdivisions, consortium of States,
or federally recognized Indian tribe or tribal organiza-
tion desiring’’;
(ii) by redesignating paragraphs (1) through (9)
as paragraphs (2) through (10), respectively;
(iii) by inserting before paragraph (2) (as so
redesignated) the following:
‘‘(1)(A) comply with the State-sponsored statewide early
intervention and prevention strategy as developed under section
520E; and
‘‘(B) in the case of a consortium of States, receive the
support of all States involved;’’;
(iv) in paragraph (2) (as so redesignated), by
striking ‘‘children and adolescents’’ and inserting
‘‘youth’’;
(v) in paragraph (3) (as so redesignated), by
striking ‘‘best evidence-based,’’;
(vi) in paragraph (4) (as so redesignated), by
striking ‘‘primary’’ and all that follows and inserting
‘‘general, mental, and behavioral health services, and
substance abuse services;’’;
(vii) in paragraph (5) (as so redesignated), by
striking ‘‘children and’’ and all that follows and
inserting ‘‘youth including the school systems, edu-
cational institutions, juvenile justice system, substance
abuse programs, mental health programs, foster care
systems, and community child and youth support
organizations;’’;
Contracts.
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118 STAT. 1408
PUBLIC LAW 108–355—OCT. 21, 2004
(viii) by striking paragraph (8) (as so redesignated)
and inserting the following:
‘‘(8) offer access to services and care to youth with diverse
linguistic and cultural backgrounds;’’; and
(ix) by striking paragraph (9) (as so redesignated)
and inserting the following:
‘‘(9) conduct annual self-evaluations of outcomes and activi-
ties, including consulting with interested families and advocacy
organizations;’’;
(E) by striking subsection (d) and inserting the fol-
lowing:
‘‘(d) USE
OF FUNDS.—Amounts provided under a grant or
cooperative agreement under this section shall be used to supple-
ment, and not supplant, Federal and non-Federal funds available
for carrying out the activities described in this section. Applicants
shall provide financial information to demonstrate compliance with
this section.’’;
(F) in subsection (e)—
(i) by striking ‘‘, contract,’’; and
(ii) by inserting after ‘‘Secretary that the’’ the fol-
lowing: ‘‘application complies with the State-sponsored
statewide early intervention and prevention strategy
as developed under section 520E and the’’;
(G) in subsection (f), by striking ‘‘, contracts,’’;
(H) in subsection (g)—
(i) by striking ‘‘A State’’ and all that follows
through ‘‘organization receiving’’ and inserting ‘‘A
public organization, private nonprofit organization,
political subdivision, consortium of political subdivi-
sions, consortium of States, or Federally recognized
Indian tribe or tribal organization receiving’’; and
(ii) by striking ‘‘, contract,’’ each place such term
appears;
(I) in subsection (h), by striking ‘‘, contracts,’’;
(J) in subsection (i)—
(i) by striking ‘‘A State’’ and all that follows
through ‘‘organization receiving’’ and inserting ‘‘A
public organization, private nonprofit organization,
political subdivision, consortium of political subdivi-
sions, consortium of States, or Federally recognized
Indian tribe or tribal organization receiving’’; and
(ii) by striking ‘‘, contract,’’;
(K) in subsection (k), by striking ‘‘5 years’’ and inserting
‘‘3 years’’;
(L) in subsection (l)—
(i) in paragraph (2), by striking ‘‘21’’ and inserting
‘‘24’’; and
(ii) in paragraph (3), by striking ‘‘which might
have been’’;
(M) in subsection (m)—
(i) by striking ‘‘APPROPRIATION.—’’ and all that
follows through ‘‘For’’ in paragraph (1) and inserting
‘‘APPROPRIATION.—For’’; and
(ii) by striking paragraph (2);
(N) by redesignating subsection (m) as subsection (n);
and
(O) by inserting after subsection (l) the following:
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118 STAT. 1409
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(m) DEFINITIONS.—In this section, the terms ‘early interven-
tion’, ‘educational institution’, ‘institution of higher education’,
‘prevention’, ‘school’, and ‘youth’ have the meanings given to those
terms in section 520E.’’; and
(2) by redesignating section 520E as section 520E–1.
(c) YOUTH SUICIDE AND EARLY INTERVENTION AND PREVENTION
STRATEGIES.—Title V of the Public Health Service Act (42 U.S.C.
290aa et seq.) is amended by inserting before section 520E–1 (as
redesignated by subsection (b)) the following:
‘‘SEC. 520E. YOUTH SUICIDE EARLY INTERVENTION AND PREVENTION
STRATEGIES.
‘‘(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator 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 abuse 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 strate-
gies and in the development and continuation of State-spon-
sored 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 strate-
gies;
‘‘(4) collect and analyze data on State-sponsored statewide
or tribal youth suicide early intervention and prevention serv-
ices 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 state-
wide 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 organiza-
tion 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 organiza-
tion (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.
Contracts.
42 USC
290bb–36.
42 USC
290bb–36,
290bb–36a.
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118 STAT. 1410
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(2) LIMITATION.—In carrying out this section, the Secretary
shall ensure that each State is awarded only 1 grant or coopera-
tive agreement under this section. For purposes of the preceding
sentence, a State shall be considered to have been awarded
a grant or cooperative agreement if the eligible entity involved
is the State or an entity designated by the State under para-
graph (1)(B). Nothing in this paragraph shall be construed
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 organiza-
tions, 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, edu-
cational institutions, juvenile justice systems, substance abuse
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 abuse pro-
grams, 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 aware-
ness 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 preven-
tion 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
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118 STAT. 1411
PUBLIC LAW 108–355—OCT. 21, 2004
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) COORDINATION AND COLLABORATION.—
‘‘(1) IN GENERAL.—In carrying out this section, the Sec-
retary 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 Sec-
retary 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 Chil-
dren’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 sur-
vived 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
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118 STAT. 1412
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(B) consult on policy development at the Federal level
with the private sector, including consumer, medical, sui-
cide 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 ACCOMMO-
DATION.—Nothing in this section shall be construed to require sui-
cide 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 Sec-
retary 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 ana-
lyze the effectiveness and efficacy of the activities con-
ducted with grants, collaborations, and consultations under
this section.
‘‘(h) RULE OF CONSTRUCTION; STUDENT MEDICATION.—Nothing
in this section or section 520E–1 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 520C, section 520E–1, or section 520E–2 shall not be used
to pay for or refer for abortion.
‘‘(j) PARENTAL CONSENT.—States and entities receiving funding
under this section and section 520E–1 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 stu-
dents.
‘‘(2) Other instances, as defined by the State, where
parental consent cannot reasonably be obtained.
‘‘(k) RELATION TO EDUCATION PROVISIONS.—Nothing in this sec-
tion or section 520E–1 shall be construed to supersede section
444 of the General Education Provisions Act, including the require-
ment of prior parental consent for the disclosure of any education
records. Nothing in this section or section 520E–1 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:
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118 STAT. 1413
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(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 institu-
tion 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.—
‘‘(1) IN GENERAL.—For the purpose of carrying out this
section, there are authorized to be appropriated $7,000,000
for fiscal year 2005, $18,000,000 for fiscal year 2006, and
$30,000,000 for fiscal year 2007.
‘‘(2) PREFERENCE.—If less than $3,500,000 is appropriated
for any fiscal year to carry out this section, in awarding grants
and cooperative agreements under this section during the fiscal
year, the Secretary shall give preference to States that have
rates of suicide that significantly exceed the national average
as determined by the Centers for Disease Control and Preven-
tion.’’.
(d) MENTAL AND BEHAVIORAL HEALTH SERVICES ON CAMPUS.—
Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.)
is amended by inserting after section 520E–1 (as redesignated by
subsection (b)) the following:
‘‘SEC. 520E–2. MENTAL AND BEHAVIORAL HEALTH SERVICES ON
CAMPUS.
‘‘(a) IN GENERAL.—The Secretary, acting through the Director
of the Center for Mental Health Services, in consultation with
the Secretary of Education, may award grants on a competitive
basis to institutions of higher education to enhance services for
students with mental and behavioral health problems that can
lead to school failure, such as depression, substance abuse, and
suicide attempts, so that students will successfully complete their
studies.
‘‘(b) USE OF FUNDS.—The Secretary may not make a grant
to an institution of higher education under this section unless
the institution agrees to use the grant only for—
‘‘(1) educational seminars;
‘‘(2) the operation of hot lines;
‘‘(3) preparation of informational material;
‘‘(4) preparation of educational materials for families of
students to increase awareness of potential mental and behav-
ioral health issues of students enrolled at the institution of
higher education;
42 USC
290bb–36b.
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118 STAT. 1414
PUBLIC LAW 108–355—OCT. 21, 2004
‘‘(5) training programs for students and campus personnel
to respond effectively to students with mental and behavioral
health problems that can lead to school failure, such as depres-
sion, substance abuse, and suicide attempts; or
‘‘(6) the creation of a networking infrastructure to link
colleges and universities that do not have mental health serv-
ices with health care providers who can treat mental and
behavioral health problems.
‘‘(c) ELIGIBLE GRANT RECIPIENTS.—Any institution of higher edu-
cation receiving 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; or
‘‘(5) institution of higher education supported, evidence-
based, mental health and substance abuse programs.
‘‘(d) APPLICATION.—An institution of higher education desiring
a grant under this section shall prepare and submit an application
to the Secretary at such time and in such manner as the Secretary
may require. At a minimum, the application shall include the
following:
‘‘(1) A description of identified mental and behavioral
health 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 edu-
cation.
‘‘(3) A description of the outreach strategies of the institu-
tion 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 to evaluate program outcomes, including a
description of the proposed use of funds, the program objectives,
and how the objectives will be met.
‘‘(5) An assurance that the institution will submit a report
to the Secretary each fiscal year on the activities carried out
with the grant and the results achieved through those activities.
‘‘(e) 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 dona-
tions from public or private entities) non-Federal contributions
in an amount that is not less than $1 for each $1 of Federal
funds provided in 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
and behavioral health problems.
‘‘(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Fed-
eral 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 requirement
established in paragraph (1) with respect to an institution
Reports.
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LEGISLATIVE HISTORY—S. 2634:
CONGRESSIONAL RECORD, Vol. 150 (2004):
July 8, considered and passed Senate.
Sept. 8, considered in House.
Sept. 9, considered and passed House, amended. Senate concurred in House
amendment.
of higher education if the Secretary determines that extraor-
dinary need at the institution justifies the waiver.
‘‘(f) 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
and behavioral health services at institutions of higher edu-
cation, including efforts to reduce the incidence of suicide and
substance abuse.
‘‘(g) DEFINITION.—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.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$5,000,000 for fiscal year 2005, $5,000,000 for fiscal year 2006,
and $5,000,000 for fiscal year 2007.’’.
Approved October 21, 2004.
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