Part B—Centers and Programs
subpart 1—center for substance abuse treatment
§290bb. Center for Substance Abuse Treatment
(a) Establishment
There is established in the Administration a Center for Substance Abuse Treatment (hereafter in this section referred to as the "Center"). The Center shall be headed by a Director (hereafter in this section referred to as the "Director") appointed by the Secretary from among individuals with extensive experience or academic qualifications in the treatment of substance use disorders or in the evaluation of substance use disorder treatment systems.
(b) Duties
The Director of the Center shall—
(1) administer the substance use disorder treatment block grant program authorized in
(2) ensure that emphasis is placed on children and adolescents in the development of treatment programs;
(3) collaborate with the Attorney General to develop programs to provide substance use disorder treatment services to individuals who have had contact with the Justice system, especially adolescents;
(4) collaborate with the Director of the Center for Substance Abuse Prevention in order to provide outreach services to identify individuals in need of treatment services, with emphasis on the provision of such services to pregnant and postpartum women and their infants and to individuals who illicitly use drugs intravenously;
(5) collaborate with the Director of the National Institute on Drug Abuse, with the Director of the National Institute on Alcohol Abuse and Alcoholism, and with the States to promote the study, dissemination, and implementation of research findings that will improve the delivery and effectiveness of treatment services;
(6) collaborate with the Administrator of the Health Resources and Services Administration and the Administrator of the Centers for Medicare & Medicaid Services to promote the increased integration into the mainstream of the health care system of the United States of programs for providing treatment services;
(7) evaluate plans submitted by the States pursuant to
(8) sponsor regional workshops on improving the quality and availability of treatment services;
(9) provide technical assistance to public and nonprofit private entities that provide treatment services, including technical assistance with respect to the process of submitting to the Director applications for any program of grants or contracts;
(10) carry out activities to educate individuals on the need for establishing treatment facilities within their communities;
(11) encourage public and private entities that provide health insurance to provide benefits for outpatient treatment services and other nonhospital-based treatment services;
(12) evaluate treatment programs to determine the quality and appropriateness of various forms of treatment, which shall be carried out through grants, contracts, or cooperative agreements provided to public or nonprofit private entities;
(13) ensure the consistent documentation of the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
(14) work with States, providers, and individuals in recovery, and their families, to promote the expansion of recovery support services and systems of care oriented toward recovery;
(15) in cooperation with the Secretary, implement and disseminate, as appropriate, the recommendations in the report entitled "Protecting Our Infants Act: Final Strategy" issued by the Department of Health and Human Services in 2017; and
(16) in cooperation with relevant stakeholders, and through public-private partnerships, encourage education about substance use disorders for pregnant women and health care providers who treat pregnant women and babies.
(c) Grants and contracts
In carrying out the duties established in subsection (b), the Director may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities.
(July 1, 1944, ch. 373, title V, §507, as added
Editorial Notes
Prior Provisions
A prior section 290bb, act July 1, 1944, ch. 373, title V, §510, formerly
A prior section 507 of act July 1, 1944, which was classified to
Amendments
2018—Subsec. (b)(15).
Subsec. (b)(16).
2016—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(9).
Subsec. (b)(10) to (14).
2003—Subsec. (b)(6).
2000—Subsec. (b)(2) to (6).
Subsec. (b)(7).
Subsec. (b)(8) to (12).
Subsec. (b)(13).
Subsec. (b)(14).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290bb–1. Residential treatment programs for pregnant and postpartum women
(a) In general
The Director of the Center for Substance Abuse Treatment (referred to in this section as the "Director") shall provide awards of grants, including the grants under subsection (r), cooperative agreements or contracts to public and nonprofit private entities for the purpose of providing to pregnant and postpartum women treatment for substance use disorders through programs in which, during the course of receiving treatment—
(1) the women reside in or receive outpatient treatment services from facilities provided by the programs;
(2) the minor children of the women reside with the women in such facilities, if the women so request; and
(3) the services described in subsection (d) are available to or on behalf of the women.
(b) Availability of services for each participant
A funding agreement for an award under subsection (a) for an applicant is that, in the program operated pursuant to such subsection—
(1) treatment services and each supplemental service will be available through the applicant, either directly or through agreements with other public or nonprofit private entities; and
(2) the services will be made available to each woman admitted to the program and her children.
(c) Individualized plan of services
A funding agreement for an award under subsection (a) for an applicant is that—
(1) in providing authorized services for an eligible woman pursuant to such subsection, the applicant will, in consultation with the women, prepare an individualized plan for the provision of services for the woman and her children; and
(2) treatment services under the plan will include—
(A) individual, group, and family counseling, as appropriate, regarding substance use disorders; and
(B) follow-up services to assist the woman in preventing a relapse into such a disorder.
(d) Required supplemental services
In the case of an eligible woman, the services referred to in subsection (a)(3) are as follows:
(1) Prenatal and postpartum health care.
(2) Referrals for necessary hospital services.
(3) For the infants and children of the woman—
(A) pediatric health care, including treatment for any perinatal effects of a maternal substance use disorder and including screenings regarding the physical and mental development of the infants and children;
(B) counseling and other mental health services, in the case of children; and
(C) comprehensive social services.
(4) Providing therapeutic, comprehensive child care for children during the periods in which the woman is engaged in therapy or in other necessary health and rehabilitative activities.
(5) Training in parenting.
(6) Counseling on the human immunodeficiency virus and on acquired immune deficiency syndrome.
(7) Counseling on domestic violence and sexual abuse.
(8) Counseling on obtaining employment, including the importance of graduating from a secondary school.
(9) Reasonable efforts to preserve and support the family unit of the woman, including promoting the appropriate involvement of parents and others, and counseling the children of the woman.
(10) Planning for and counseling to assist reentry into society, both before and after discharge, including referrals to any public or nonprofit private entities in the community involved that provide services appropriate for the woman and the children of the woman.
(11) Case management services, including—
(A) assessing the extent to which authorized services are appropriate for the woman and any child of such woman;
(B) in the case of the services that are appropriate, ensuring that the services are provided in a coordinated manner;
(C) assistance in establishing eligibility for assistance under Federal, State, and local programs providing health services, mental health services, housing services, employment services, educational services, or social services; and
(D) family reunification with children in kinship or foster care arrangements, where safe and appropriate.
(e) Minimum qualifications for receipt of award
(1) Certification by relevant State agency
With respect to the principal agency of the State involved that administers programs relating to substance use disorders, the Director may make an award under subsection (a) to an applicant only if the agency has certified to the Director that—
(A) the applicant has the capacity to carry out a program described in subsection (a);
(B) the plans of the applicant for such a program are consistent with the policies of such agency regarding the treatment of substance use disorders; and
(C) the applicant, or any entity through which the applicant will provide authorized services, meets all applicable State licensure or certification requirements regarding the provision of the services involved.
(2) Status as medicaid provider
(A) In general
Subject to subparagraphs (B) and (C), the Director may make an award under subsection (a) only if, in the case of any authorized service that is available pursuant to the State plan approved under title XIX of the Social Security Act [
(i) the applicant for the award will provide the service directly, and the applicant has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(ii) the applicant will enter into an agreement with a public or nonprofit private entity under which the entity will provide the service, and the entity has entered into such a participation agreement plan and is qualified to receive such payments.
(B) Waiver of participation agreements
(i) In general
In the case of an entity making an agreement pursuant to subparagraph (A)(ii) regarding the provision of services, the requirement established in such subparagraph regarding a participation agreement shall be waived by the Director if the entity does not, in providing health care services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits plan.
(ii) Donations
A determination by the Director of whether an entity referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the entity accepts voluntary donations regarding the provision of services to the public.
(C) Nonapplication of certain requirements
With respect to any authorized service that is available pursuant to the State plan described in subparagraph (A), the requirements established in such subparagraph shall not apply to the provision of any such service by an institution for mental diseases to an individual who has attained 21 years of age and who has not attained 65 years of age. For purposes of the preceding sentence, the term "institution for mental diseases" has the meaning given such term in section 1905(i) of the Social Security Act [
(f) Requirement of matching funds
(1) In general
With respect to the costs of the program to be carried out by an applicant pursuant to subsection (a), a funding agreement for an award under such subsection is that the applicant will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that—
(A) for the first fiscal year for which the applicant receives payments under an award under such subsection, is not less than $1 for each $9 of Federal funds provided in the award;
(B) for any second such fiscal year, is not less than $1 for each $9 of Federal funds provided in the award; and
(C) for any subsequent such fiscal year, is not less than $1 for each $3 of Federal funds provided in the award.
(2) Determination of amount contributed
Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. 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.
(g) Outreach
A funding agreement for an award under subsection (a) for an applicant is that the applicant will provide outreach services in the community involved to identify women who have a substance use disorder and to encourage the women to undergo treatment for such disorder.
(h) Accessibility of program; cultural context of services
A funding agreement for an award under subsection (a) for an applicant is that—
(1) the program operated pursuant to such subsection will be operated at a location that is accessible to low-income pregnant and postpartum women; and
(2) authorized services will be provided in the language and the cultural context that is most appropriate.
(i) Continuing education
A funding agreement for an award under subsection (a) is that the applicant involved will provide for continuing education in treatment services for the individuals who will provide treatment in the program to be operated by the applicant pursuant to such subsection.
(j) Imposition of charges
A funding agreement for an award under subsection (a) for an applicant is that, if a charge is imposed for the provision of authorized services to or on behalf of an eligible woman, such charge—
(1) will be made according to a schedule of charges that is made available to the public;
(2) will be adjusted to reflect the income of the woman involved; and
(3) will not be imposed on any such woman with an income of less than 185 percent of the official poverty line, as established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with
(k) Reports to Director
A funding agreement for an award under subsection (a) is that the applicant involved will submit to the Director a report—
(1) describing the utilization and costs of services provided under the award;
(2) specifying the number of women served, the number of infants served, and the type and costs of services provided; and
(3) providing such other information as the Director determines to be appropriate.
(l) Requirement of application
The Director may make an award under subsection (a) only if an application for the award is submitted to the Director containing such agreements, and the application is in such form, is made in such manner, and contains such other agreements and such assurances and information as the Director determines to be necessary to carry out this section.
(m) Allocation of awards
In making awards under subsection (a), the Director shall give priority to an applicant that agrees to use the award for a program serving an area that is a rural area, an area designated under
(n) Duration of award
The period during which payments are made to an entity from an award under subsection (a) may not exceed 5 years. The provision of such payments shall be subject to annual approval by the Director of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. This subsection may not be construed to establish a limitation on the number of awards under such subsection that may be made to an entity.
(o) Evaluations; dissemination of findings
The Director shall, directly or through contract, provide for the conduct of evaluations of programs carried out pursuant to subsection (a). The Director shall disseminate to the States the findings made as a result of the evaluations.
(p) Reports to Congress
Not later than October 1, 1994, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report describing programs carried out pursuant to this section (other than subsection (r)). Every 2 years thereafter, the Director shall prepare a report describing such programs carried out during the preceding 2 years, and shall submit the report to the Assistant Secretary for inclusion in the biennial report under
(q) Definitions
For purposes of this section:
(1) The term "authorized services" means treatment services and supplemental services.
(2) The term "eligible woman" means a woman who has been admitted to a program operated pursuant to subsection (a).
(3) The term "funding agreement", with respect to an award under subsection (a), means that the Director may make the award only if the applicant makes the agreement involved.
(4) The term "treatment services" means treatment for a substance use disorder, including the counseling and services described in subsection (c)(2).
(5) The term "supplemental services" means the services described in subsection (d).
(r) Pilot program for State substance abuse agencies
(1) In general
From amounts made available under subsection (s), the Director of the Center for Substance Abuse Treatment shall carry out a pilot program under which competitive grants are made by the Director to State substance abuse agencies—
(A) to enhance flexibility in the use of funds designed to support family-based services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
(B) to help State substance abuse agencies address identified gaps in services furnished to such women along the continuum of care, including services provided to women in nonresidential-based settings; and
(C) to promote a coordinated, effective, and efficient State system managed by State substance abuse agencies by encouraging new approaches and models of service delivery.
(2) Requirements
In carrying out the pilot program under this subsection, the Director shall—
(A) require State substance abuse agencies to submit to the Director applications, in such form and manner and containing such information as specified by the Director, to be eligible to receive a grant under the program;
(B) identify, based on such submitted applications, State substance abuse agencies that are eligible for such grants;
(C) require services proposed to be furnished through such a grant to support family-based treatment and other services for pregnant and postpartum women with a primary diagnosis of a substance use disorder, including opioid use disorders;
(D) not require that services furnished through such a grant be provided solely to women that reside in facilities;
(E) not require that grant recipients under the program make available through use of the grant all the services described in subsection (d); and
(F) consider not applying the requirements described in paragraphs (1) and (2) of subsection (f) to an applicant, depending on the circumstances of the applicant.
(3) Required services
(A) In general
The Director shall specify a minimum set of services required to be made available to eligible women through a grant awarded under the pilot program under this subsection. Such minimum set of services—
(i) shall include the services requirements described in subsection (c) and be based on the recommendations submitted under subparagraph (B); and
(ii) may be selected from among the services described in subsection (d) and include other services as appropriate.
(B) Stakeholder input
The Director shall convene and solicit recommendations from stakeholders, including State substance abuse agencies, health care providers, persons in recovery from substance abuse, and other appropriate individuals, for the minimum set of services described in subparagraph (A).
(4) Evaluation and report to Congress
(A) In general
The Director of the Center for Behavioral Health Statistics and Quality shall evaluate the pilot program at the conclusion of the first grant cycle funded by the pilot program.
(B) Report
Not later than September 30, 2026, the Director of the Center for Behavioral Health Statistics and Quality, in coordination with the Director of the Center for Substance Abuse Treatment shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the evaluation under subparagraph (A). The report shall include, at a minimum—
(i) outcomes information from the pilot program, including any resulting reductions in the use of alcohol and other drugs;
(ii) engagement in treatment services;
(iii) retention in the appropriate level and duration of services;
(iv) increased access to the use of medications approved by the Food and Drug Administration for the treatment of substance use disorders in combination with counseling; and
(v) other appropriate measures.
(C) Recommendation
The report under subparagraph (B) shall include a recommendation by the Director of the Center for Substance Abuse Treatment as to whether the pilot program under this subsection should be extended.
(5) State substance abuse agencies defined
For purposes of this subsection, the term "State substance abuse agency" means, with respect to a State, the agency in such State that manages the Substance Abuse Prevention and Treatment Block Grant under part B of subchapter XVII.
(s) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $29,931,000 for each of fiscal years 2019 through 2023. Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.
(July 1, 1944, ch. 373, title V, §508, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (e)(2)(A), is act Aug. 14, 1935, ch. 531,
Prior Provisions
A prior section 290bb–1, act July 1, 1944, ch. 373, title V, §511, formerly
A prior section 508 of act July 1, 1944, which was classified to
Amendments
2022—Subsec. (r)(4).
Subsec. (r)(4)(B).
Subsec. (r)(5), (6).
2018—Subsec. (s).
2016—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (d)(3)(A).
Subsec. (d)(4).
Subsec. (d)(9).
Subsec. (d)(10).
Subsec. (d)(11)(A).
Subsec. (d)(11)(D).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
Subsec. (j).
Subsec. (j)(3).
Subsec. (m).
Subsec. (p).
Subsec. (q)(3).
Subsec. (q)(4).
Subsec. (r).
Subsec. (s).
2000—Subsec. (r).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
Transitional and Savings Provisions
"(1)
"(A) Subject to paragraph (2), in the case of any project for which a grant under former section 509F [former
"(B) Subparagraph (A) shall apply with respect to a project notwithstanding that the project is not eligible to receive a grant under current section 508 or 509 [
"(2)
"(3)
"(A) The term 'former section 509F' means section 509F of the Public Health Service Act [former
"(B) The term 'current section 508' means section 508 of the Public Health Service Act [
"(C) The term 'current section 509' means section 509 of the Public Health Service Act [
Report on Implementation of Strategy Relating to Prenatal Opioid Use
"(1)
"(A) an update on the implementation of the recommendations in the strategy, including information regarding the agencies involved in the implementation; and
"(B) information on additional funding or authority the Secretary requires, if any, to implement the strategy, which may include authorities needed to coordinate implementation of such strategy across the Department of Health and Human Services.
"(2)
§290bb–1a. Transferred
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §512, as added Oct. 19, 1984,
§290bb–2. Priority substance use disorder treatment needs of regional and national significance
(a) Projects
The Secretary shall address priority substance use disorder treatment needs of regional and national significance (as determined under subsection (b)) through the provision of or through assistance for—
(1) knowledge development and application projects for treatment and rehabilitation and the conduct or support of evaluations of such projects;
(2) training and technical assistance; and
(3) targeted capacity response programs that permit States, local governments, communities, and Indian Tribes and Tribal organizations (as such terms are defined in
The Secretary may carry out the activities described in this section directly or through grants, contracts, or cooperative agreements with States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in
(b) Priority substance use disorder treatment needs
(1) In general
Priority substance use disorder treatment needs of regional and national significance shall be determined by the Secretary after consultation with States and other interested groups. The Secretary shall meet with the States and interested groups on an annual basis to discuss program priorities.
(2) Special consideration
In developing program priorities under paragraph (1), the Secretary shall give special consideration to promoting the integration of substance use disorder treatment services into primary health care systems.
(c) Requirements
(1) In general
Recipients of grants, contracts, or cooperative agreements under this section shall comply with information and application requirements determined appropriate by the Secretary.
(2) Duration of award
With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award are made to the recipient may not exceed 5 years.
(3) Matching funds
The Secretary may, for projects carried out under subsection (a), require that entities that apply for grants, contracts, or cooperative agreements under that project provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the institutional commitment of the entity to the projects funded under the grant, contract, or cooperative agreement. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment, or services.
(4) Maintenance of effort
With respect to activities for which a grant, contract, or cooperative agreement is awarded under this section, the Secretary may require that recipients for specific projects under subsection (a) agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant, contract, or cooperative agreement.
(d) Evaluation
The Secretary shall evaluate each project carried out under subsection (a)(1) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
(e) Information and education
The Secretary shall establish comprehensive information and education programs to disseminate and apply the findings of the knowledge development and application, training and technical assistance programs, and targeted capacity response programs under this section to the general public, to health professionals and other interested groups. The Secretary shall make every effort to provide linkages between the findings of supported projects and State agencies responsible for carrying out substance use disorder prevention and treatment programs.
(f) Authorization of appropriation
There are authorized to be appropriated to carry out this section, $521,517,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §509, as added
Editorial Notes
Prior Provisions
A prior section 290bb–2, act July 1, 1944, ch. 373, title V, §513, formerly §512, formerly
A prior section 509 of act July 1, 1944, which was classified to
Amendments
2022—
Subsec. (a)(3).
Subsec. (b).
Subsec. (f).
2016—Subsec. (a).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e).
Subsec. (f).
2000—
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290bb–2a. Medical treatment of narcotics addiction; report to Congress
The Secretary of Health and Human Services, after consultation with the Attorney General and with national organizations representative of persons with knowledge and experience in the treatment of narcotic addicts, shall determine the appropriate methods of professional practice in the medical treatment of the narcotic addiction of various classes of narcotic addicts, and shall report thereon from time to time to the Congress.
(
Editorial Notes
Codification
Section was not enacted as part of the Public Health Service Act which comprises this chapter.
Section was formerly classified to
Statutory Notes and Related Subsidiaries
Change of Name
"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of
§§290bb–3 to 290bb–5. Repealed. Pub. L. 106–310, div. B, title XXXIII, §3301(c)(1)–(3), Oct. 17, 2000, 114 Stat. 1209
Section 290bb–3, act July 1, 1944, ch. 373, title V, §510, as added
A prior section 510 of act July 1, 1944, was classified to
Another prior section 510 of act July 1, 1944, which was classified to
Section 290bb–4, act July 1, 1944, ch. 373, title V, §511, as added
A prior section 511 of act July 1, 1944, which was classified to
Another prior section 511 of act July 1, 1944, which was classified to
Section 290bb–5, act July 1, 1944, ch. 373, title V, §512, as added
A prior section 512 of act July 1, 1944, which was classified to
Another prior section 512 of act July 1, 1944, was renumbered section 513 by
Another prior section 512 of act July 1, 1944, which was classified to
§290bb–6. Action by Center for Substance Abuse Treatment and States concerning military facilities
(a) Center for Substance Abuse Treatment
The Director of the Center for Substance Abuse Treatment shall—
(1) coordinate with the agencies represented on the Commission on Alternative Utilization of Military Facilities the utilization of military facilities or parts thereof, as identified by such Commission, established under the National Defense Authorization Act of 1989, that could be utilized or renovated to house nonviolent persons for drug treatment purposes;
(2) notify State agencies responsible for the oversight of drug abuse treatment entities and programs of the availability of space at the installations identified in paragraph (1); and
(3) assist State agencies responsible for the oversight of drug abuse treatment entities and programs in developing methods for adapting the installations described in paragraph (1) into residential treatment centers.
(b) States
With regard to military facilities or parts thereof, as identified by the Commission on Alternative Utilization of Military Facilities established under section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988,1 that could be utilized or renovated to house nonviolent persons for drug treatment purposes, State agencies responsible for the oversight of drug abuse treatment entities and programs shall—
(1) establish eligibility criteria for the treatment of individuals at such facilities;
(2) select treatment providers to provide drug abuse treatment at such facilities;
(3) provide assistance to treatment providers selected under paragraph (2) to assist such providers in securing financing to fund the cost of the programs at such facilities; and
(4) establish, regulate, and coordinate with the military official in charge of the facility, work programs for individuals receiving treatment at such facilities.
(c) Reservation of space
Prior to notifying States of the availability of space at military facilities under subsection (a)(2), the Director may reserve space at such facilities to conduct research or demonstration projects.
(July 1, 1944, ch. 373, title V, §513, formerly §561, as added
Editorial Notes
References in Text
The National Defense Authorization Act of 1989, referred to in subsec. (a)(1), probably means the National Defense Authorization Act, Fiscal Year 1989,
Section 3042 of the Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988, referred to in subsec. (b), probably should be a reference to section 2819 of the National Defense Authorization Act, Fiscal Year 1989,
Codification
Section was formerly classified to
Prior Provisions
A prior section 513 of act July 1, 1944, was classified to
Another prior section 513 of act July 1, 1944, which was classified to
Amendments
1992—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
1 See References in Text note below.
§290bb–7. Substance use disorder treatment and early intervention services for children, adolescents, and young adults
(a) In general
The Secretary shall award grants, contracts, or cooperative agreements to public and private nonprofit entities, including Indian Tribes or Tribal organizations (as such terms are defined in
(1) providing early identification and services to meet the needs of children, adolescents, and young adults who are at risk of substance use disorders;
(2) providing substance use disorder treatment services for children, adolescents, and young adults, including children, adolescents, and young adults with co-occurring mental illness and substance use disorders; and
(3) providing assistance to pregnant women, and parenting women, with substance use disorders, in obtaining treatment services, linking mothers to community resources to support independent family lives, and staying in recovery so that children are in safe, stable home environments and receive appropriate health care services.
(b) Priority
In awarding grants, contracts, or cooperative agreements under subsection (a), the Secretary shall give priority to applicants who propose to—
(1) apply evidence-based and cost-effective methods;
(2) coordinate the provision of services with other social service agencies in the community, including educational, juvenile justice, child welfare, substance abuse, and mental health agencies;
(3) provide a continuum of integrated treatment services, including case management, for children, adolescents, and young adults with substance use disorders, including children, adolescents, and young adults with co-occurring mental illness and substance use disorders, and their families;
(4) provide treatment that is gender-specific and culturally appropriate;
(5) involve and work with families of children, adolescents, and young adults receiving services; and
(6) provide aftercare services for children, adolescents, and young adults and their families after completion of treatment.
(c) Duration of grants
The Secretary shall award grants, contracts, or cooperative agreements under subsection (a) for periods not to exceed 5 fiscal years.
(d) Application
An entity desiring a grant, contract, or cooperative agreement under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(e) Evaluation
An entity that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or cooperative agreement, a plan for the evaluation of any project undertaken with funds provided under this section. Such entity shall provide the Secretary with periodic evaluations of the progress of such project and such evaluation at the completion of such project as the Secretary determines to be appropriate.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $29,605,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §514, as added
Editorial Notes
Codification
Another section 514 of act July 1, 1944, was classified to
Amendments
2022—Subsec. (a).
Subsec. (f).
2018—
Subsec. (a)(2).
2016—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (f).
§290bb–7a. Youth prevention and recovery
(a) Omitted
(b) Resource center
The Secretary of Health and Human Services (referred to in this section as the "Secretary", except as otherwise provided), in consultation with the Secretary of Education and other heads of agencies, including the Assistant Secretary for Mental Health and Substance Use and the Administrator of the Health Resources and Services Administration, as appropriate, shall establish a resource center to provide technical support to recipients of grants under subsection (c).
(c) Youth prevention and recovery initiative
(1) In general
The Secretary, in consultation with the Secretary of Education, shall administer a program to provide support for communities to support the prevention of, treatment of, and recovery from, substance use disorders for children, adolescents, and young adults.
(2) Definitions
In this subsection:
(A) Eligible entity
The term "eligible entity" means—
(i) a local educational agency that is seeking to establish or expand substance use prevention or recovery support services at one or more high schools;
(ii) a State educational agency;
(iii) an institution of higher education (or consortia of such institutions), which may include a recovery program at an institution of higher education;
(iv) a local board or one-stop operator;
(v) a nonprofit organization with appropriate expertise in providing services or programs for children, adolescents, or young adults, excluding a school;
(vi) a State, political subdivision of a State, Indian tribe, or tribal organization; or
(vii) a high school or dormitory serving high school students that receives funding from the Bureau of Indian Education.
(B) Foster care
The term "foster care" has the meaning given such term in section 1355.20(a) of title 45, Code of Federal Regulations (or any successor regulations).
(C) High school
The term "high school" has the meaning given such term in
(D) Homeless youth
The term "homeless youth" has the meaning given the term "homeless children or youths" in
(E) Indian tribe; tribal organization
The terms "Indian tribe" and "tribal organization" have the meanings given such terms in
(F) Institution of higher education
The term "institution of higher education" has the meaning given such term in
(G) Local educational agency
The term "local educational agency" has the meaning given such term in
(H) Local board; one-stop operator
The terms "local board" and "one-stop operator" have the meanings given such terms in
(I) Out-of-school youth
The term "out-of-school youth" has the meaning given such term in
(J) Recovery program
The term "recovery program" means a program—
(i) to help children, adolescents, or young adults who are recovering from substance use disorders to initiate, stabilize, and maintain healthy and productive lives in the community; and
(ii) that includes peer-to-peer support delivered by individuals with lived experience in recovery, and communal activities to build recovery skills and supportive social networks.
(K) State educational agency
The term "State educational agency" has the meaning given such term in
(3) Best practices
The Secretary, in consultation with the Secretary of Education, shall—
(A) identify or facilitate the development of evidence-based best practices for prevention of substance misuse and abuse by children, adolescents, and young adults, including for specific populations such as youth in foster care, homeless youth, out-of-school youth, and youth who are at risk of or have experienced trafficking that address—
(i) primary prevention;
(ii) appropriate recovery support services;
(iii) appropriate use of medication-assisted treatment for such individuals, if applicable, and ways of overcoming barriers to the use of medication-assisted treatment in such population; and
(iv) efficient and effective communication, which may include the use of social media, to maximize outreach efforts;
(B) disseminate such best practices to State educational agencies, local educational agencies, schools and dormitories funded by the Bureau of Indian Education, institutions of higher education, recovery programs at institutions of higher education, local boards, one-stop operators, family and youth homeless providers, and nonprofit organizations, as appropriate;
(C) conduct a rigorous evaluation of each grant funded under this subsection, particularly its impact on the indicators described in paragraph (7)(B); and
(D) provide technical assistance for grantees under this subsection.
(4) Grants authorized
The Secretary, in consultation with the Secretary of Education, shall award 3-year grants, on a competitive basis, to eligible entities to enable such entities, in coordination with Indian tribes, if applicable, and State agencies responsible for carrying out substance use disorder prevention and treatment programs, to carry out evidence-based programs for—
(A) prevention of substance misuse and abuse by children, adolescents, and young adults, which may include primary prevention;
(B) recovery support services for children, adolescents, and young adults, which may include counseling, job training, linkages to community-based services, family support groups, peer mentoring, and recovery coaching; or
(C) treatment or referrals for treatment of substance use disorders, which may include the use of medication-assisted treatment, as appropriate.
(5) Special consideration
In awarding grants under this subsection, the Secretary shall give special consideration to the unique needs of tribal, urban, suburban, and rural populations.
(6) Application
To be eligible for a grant under this subsection, an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—
(A) a description of—
(i) the impact of substance use disorders in the population that will be served by the grant program;
(ii) how the eligible entity has solicited input from relevant stakeholders, which may include faculty, teachers, staff, families, students, and experts in substance use disorder prevention, treatment, and recovery in developing such application;
(iii) the goals of the proposed project, including the intended outcomes;
(iv) how the eligible entity plans to use grant funds for evidence-based activities, in accordance with this subsection to prevent, provide recovery support for, or treat substance use disorders amongst such individuals, or a combination of such activities; and
(v) how the eligible entity will collaborate with relevant partners, which may include State educational agencies, local educational agencies, institutions of higher education, juvenile justice agencies, prevention and recovery support providers, local service providers, including substance use disorder treatment programs, providers of mental health services, youth serving organizations, family and youth homeless providers, child welfare agencies, and primary care providers, in carrying out the grant program; and
(B) an assurance that the eligible entity will participate in the evaluation described in paragraph (3)(C).
(7) Reports to the Secretary
Each eligible entity awarded a grant under this subsection shall submit to the Secretary a report at such time and in such manner as the Secretary may require. Such report shall include—
(A) a description of how the eligible entity used grant funds, in accordance with this subsection, including the number of children, adolescents, and young adults reached through programming; and
(B) a description, including relevant data, of how the grant program has made an impact on the intended outcomes described in paragraph (6)(A)(iii), including—
(i) indicators of student success, which, if the eligible entity is an educational institution, shall include student well-being and academic achievement;
(ii) substance use disorders amongst children, adolescents, and young adults, including the number of overdoses and deaths amongst children, adolescents, and young adults served by the grant during the grant period; and
(iii) other indicators, as the Secretary determines appropriate.
(8) Report to Congress
The Secretary shall, not later than October 1, 2022, submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on Education and the Workforce of the House of Representatives a report summarizing the effectiveness of the grant program under this subsection, based on the information submitted in reports required under paragraph (7).
(9) Authorization of appropriations
There is authorized to be appropriated $10,000,000 to carry out this subsection for each of fiscal years 2019 through 2023.
(
Editorial Notes
Codification
Section is comprised of section 7102 of
Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.
§§290bb–8, 290bb–9. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section 290bb–8, act July 1, 1944, ch. 373, title V, §514A, as added
Section 290bb–9, act July 1, 1944, ch. 373, title V, §514, as added
§290bb–10. Evidence-based prescription opioid and heroin treatment and interventions demonstration
(a) Grants to expand access
(1) Authority to award grants
The Secretary shall award grants, contracts, or cooperative agreements to State substance use disorder agencies, units of local government, nonprofit organizations, and Indian Tribes and Tribal organizations (as defined in
(2) Nature of activities
Funds awarded under paragraph (1) shall be used for activities that are based on reliable scientific evidence of efficacy in the treatment of problems related to heroin or other opioids.
(b) Application
To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.
(c) Evaluation
An entity that receives a grant, contract, or cooperative agreement under subsection (a) shall submit, in the application for such grant, contract, or agreement a plan for the evaluation of any project undertaken with funds provided under this section. Such entity shall provide the Secretary with periodic evaluations of the progress of such project and an evaluation at the completion of such project as the Secretary determines to be appropriate.
(d) Geographic distribution
In awarding grants, contracts, and cooperative agreements under this section, the Secretary shall ensure that not less than 15 percent of funds are awarded to eligible entities that are not located in metropolitan statistical areas (as defined by the Office of Management and Budget). The Secretary shall take into account the unique needs of rural communities, including communities with an incidence of individuals with opioid use disorder that is above the national average and communities with a shortage of prevention and treatment services.
(e) Additional activities
In administering grants, contracts, and cooperative agreements under subsection (a), the Secretary shall—
(1) evaluate the activities supported under such subsection;
(2) disseminate information, as appropriate, derived from evaluations as the Secretary considers appropriate;
(3) provide States, Indian Tribes and Tribal organizations, and providers with technical assistance in connection with the provision of treatment of problems related to heroin and other opioids; and
(4) fund only those applications that specifically support recovery services as a critical component of the program involved.
(f) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §514B, as added
Editorial Notes
Amendments
2022—Subsec. (a)(1).
Subsec. (e)(3).
Subsec. (f).
§290bb–11. Building capacity for family-focused residential treatment
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means a State, county, local, or tribal health or child welfare agency, a private nonprofit organization, a research organization, a treatment service provider, an institution of higher education (as defined under
(2) Family-focused residential treatment program
The term "family-focused residential treatment program" means a trauma-informed residential program primarily for substance use disorder treatment for pregnant and postpartum women and parents and guardians that allows children to reside with such women or their parents or guardians during treatment to the extent appropriate and applicable.
(3) Secretary
The term "Secretary" means the Secretary of Health and Human Services.
(b) Support for the development of evidence-based family-focused residential treatment programs
(1) Authority to award grants
The Secretary shall award grants to eligible entities for purposes of developing, enhancing, or evaluating family-focused residential treatment programs to increase the availability of such programs that meet the requirements for promising, supported, or well-supported practices specified in
(2) Evaluation requirement
The Secretary shall require any evaluation of a family-focused residential treatment program by an eligible entity that uses funds awarded under this section for all or part of the costs of the evaluation be designed to assist in the determination of whether the program may qualify as a promising, supported, or well-supported practice in accordance with the requirements of such section 671(e)(4)(C).
(c) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section, $20,000,000 for fiscal year 2019, which shall remain available through fiscal year 2023.
(
Editorial Notes
References in Text
Family First Prevention Services Act, referred to in subsec. (b)(1), is title VII of
Codification
Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Communities Act, and not as part of the Public Health Service Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Supporting Family-Focused Residential Treatment
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(2)
"(A) Existing opportunities and flexibilities under the Medicaid program, including under waivers authorized under section 1115 or 1915 of the Social Security Act (
"(B) How States can employ and coordinate funding provided under the Medicaid program, the title IV-E program, and other programs administered by the Secretary to support the provision of treatment and services provided by a family-focused residential treatment facility such as substance use disorder treatment and services, including medication-assisted treatment, family, group, and individual counseling, case management, parenting education and skills development, the provision, assessment, or coordination of care and services for children, including necessary assessments and appropriate interventions, non-emergency transportation for necessary care provided at or away from a program site, transitional services and supports for families leaving treatment, and other services.
"(C) How States can employ and coordinate funding provided under the Medicaid program and the title IV–E program (including as amended by the Family First Prevention Services Act enacted under title VII of division E of
subpart 2—center for substance abuse prevention
§290bb–21. Center for Substance Abuse Prevention
(a) Establishment; Director
There is established in the Administration a Center for Substance Abuse Prevention (hereafter referred to in this part as the "Prevention Center"). The Prevention Center shall be headed by a Director appointed by the Secretary from individuals with extensive experience or academic qualifications in the prevention of drug or alcohol abuse.
(b) Duties of Director
The Director of the Prevention Center shall—
(1) sponsor regional workshops on the prevention of drug and alcohol abuse through the reduction of risk and the promotion of resiliency;
(2) coordinate the findings of research sponsored by agencies of the Service on the prevention of drug and alcohol abuse;
(3) collaborate with the Director of the National Institute on Drug Abuse, the Director of the National Institute on Alcohol Abuse and Alcoholism, and States to promote the study of substance abuse prevention and the dissemination and implementation of research findings that will improve the delivery and effectiveness of substance abuse prevention activities;
(4) develop effective drug and alcohol abuse prevention literature (including educational information on the effects of drugs abused by individuals, including drugs that are emerging as abused drugs);
(5) in cooperation with the Secretary of Education, assure the widespread dissemination of prevention materials among States, political subdivisions, and school systems;
(6) support clinical training programs for health professionals who provide substance use and misuse prevention and treatment services and other health professionals involved in illicit drug use education and prevention;
(7) in cooperation with the Director of the Centers for Disease Control and Prevention, develop and disseminate educational materials to increase awareness for individuals at greatest risk for substance use disorders to prevent the transmission of communicable diseases, such as HIV, hepatitis, tuberculosis, and other communicable diseases;
(8) conduct training, technical assistance, data collection, and evaluation activities of programs supported under the Drug Free Schools and Communities Act of 1986;
(9) support the development of model, innovative, community-based programs that reduce the risk of alcohol and drug abuse among young people and promote resiliency;
(10) collaborate with the Attorney General of the Department of Justice to develop programs to prevent drug abuse among high risk youth;
(11) prepare for distribution documentary films and public service announcements for television and radio to educate the public, especially adolescent audiences, concerning the dangers to health resulting from the consumption of alcohol and drugs and, to the extent feasible, use appropriate private organizations and business concerns in the preparation of such announcements;
(12) develop and support innovative demonstration programs designed to identify and deter the improper use or abuse of anabolic steroids by students, especially students in secondary schools;
(13) ensure the consistent documentation of the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
(14) assist and support States in preventing illicit drug use, including emerging illicit drug use issues; and
(15) in consultation with relevant stakeholders and in collaboration with the Director of the Centers for Disease Control and Prevention, develop educational materials for clinicians to use with pregnant women for shared decision making regarding pain management and the prevention of substance use disorders during pregnancy.
(c) Grants, contracts and cooperative agreements
The Director may make grants and enter into contracts and cooperative agreements in carrying out subsection (b).
(d) National data base
The Director of the Prevention Center shall establish a national data base providing information on programs for the prevention of substance abuse. The data base shall contain information appropriate for use by public entities and information appropriate for use by nonprofit private entities.
(July 1, 1944, ch. 373, title V, §515, formerly §508, as added
Editorial Notes
References in Text
The Drug-Free Schools and Communities Act of 1986, referred to in subsec. (b)(8), means title V of
Codification
Section was formerly classified to
Prior Provisions
A prior section 515 of act July 1, 1944, was classified to
Another prior section 515 of act July 1, 1944, which was classified to
Amendments
2018—Subsec. (b)(15).
2016—
Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10) to (12).
Subsec. (b)(13), (14).
2000—Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(11).
1992—Subsec. (a).
Subsec. (b).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(9).
Subsec. (b)(10) to (12).
"(10)(A) provide assistance to communities to develop comprehensive long-term strategies for the prevention of substance abuse; and
"(B) evaluate the success of different community approaches toward the prevention of substance abuse;
"(11) through schools of health professions, schools of allied health professions, schools of nursing, and schools of social work, carry out programs—
"(A) to train individuals in the diagnosis and treatment of alcohol and drug abuse; and
"(B) to develop appropriate curricula and materials for the training described in subparagraph (A); and".
Subsec. (d).
"(1) For the purpose of carrying out this section and
"(2) Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Secretary shall make available not less than $5,000,000 to carry out paragraphs (5) and (11) of subsection (b) of this section."
1990—Subsec. (b)(12).
1989—Subsec. (b)(11)(B).
Subsec. (d)(1).
1988—Subsec. (b)(5).
Subsec. (b)(10).
Subsec. (b)(11).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
§290bb–22. Priority substance use disorder prevention needs of regional and national significance
(a) Projects
The Secretary shall address priority substance use disorder prevention needs of regional and national significance (as determined under subsection (b)) through the provision of or through assistance for—
(1) knowledge development and application projects for prevention and the conduct or support of evaluations of such projects;
(2) training and technical assistance; and
(3) targeted capacity response programs, including such programs that focus on emerging drug use issues.
The Secretary may carry out the activities described in this section directly or through grants, contracts, or cooperative agreements with States, political subdivisions of States, Indian Tribes or Tribal organizations (as such terms are defined in
(b) Priority substance use disorder prevention needs
(1) In general
Priority substance use disorder prevention needs of regional and national significance shall be determined by the Secretary in consultation with the States and other interested groups. The Secretary shall meet with the States and interested groups on an annual basis to discuss program priorities.
(2) Special consideration
In developing program priorities under paragraph (1), the Secretary shall give special consideration to—
(A) applying the most promising strategies and research-based primary prevention approaches;
(B) promoting the integration of substance use disorder prevention information and activities into primary health care systems; and
(C) substance use disorder prevention among high-risk groups.
(c) Requirements
(1) In general
Recipients of grants, contracts, and cooperative agreements under this section shall comply with information and application requirements determined appropriate by the Secretary.
(2) Duration of award
With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award are made to the recipient may not exceed 5 years.
(3) Matching funds
The Secretary may, for projects carried out under subsection (a), require that entities that apply for grants, contracts, or cooperative agreements under that project provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the institutional commitment of the entity to the projects funded under the grant, contract, or cooperative agreement. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment, or services.
(4) Maintenance of effort
With respect to activities for which a grant, contract, or cooperative agreement is awarded under this section, the Secretary may require that recipients for specific projects under subsection (a) agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant, contract, or cooperative agreement.
(d) Evaluation
The Secretary shall evaluate each project carried out under subsection (a)(1) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
(e) Information and education
The Secretary shall establish comprehensive information and education programs to disseminate the findings of the knowledge development and application, training and technical assistance programs, and targeted capacity response programs under this section to the general public and to health professionals. The Secretary shall make every effort to provide linkages between the findings of supported projects and State agencies responsible for carrying out substance use disorder prevention and treatment programs.
(f) Authorization of appropriation
There are authorized to be appropriated to carry out this section, $218,219,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §516, formerly §509, as added
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 516 of act July 1, 1944, was classified to
Amendments
2022—Subsec. (a).
Subsec. (a)(3).
Subsec. (b).
Subsec. (f).
2016—
Subsec. (a).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e).
Subsec. (f).
2000—
1992—
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
§290bb–23. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §517, formerly §509A, as added
A prior section 517 of act July 1, 1944, was classified to
§290bb–24. Repealed. Pub. L. 106–310, div. B, title XXXIII, §3302(b), Oct. 17, 2000, 114 Stat. 1210
Section, act July 1, 1944, ch. 373, title V, §518, as added
A prior section 518 of act July 1, 1944, was classified to
§290bb–25. Grants for services for children of substance abusers
(a) Establishment
(1) In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall make grants to public and nonprofit private entities for the purpose of carrying out programs—
(A) to provide the services described in subsection (b) to children of substance abusers;
(B) to provide the applicable services described in subsection (c) to families in which a member is a substance abuser;
(C) to identify such children and such families through youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, health, substance abuse and mental health providers through screenings conducted during regular childhood examinations and other examinations, self and family member referrals, substance abuse treatment services, and other providers of services to children and families; and
(D) to provide education and training to health, substance abuse and mental health professionals, and other providers of services to children and families through youth service agencies, family social services, child care, Head Start, schools and after-school programs, early childhood development programs, community-based family resource and support centers, the criminal justice system, and other providers of services to children and families.
(2) Administrative consultations
The Assistant Secretary of the Administration for Children, Youth, and Families and the Assistant Secretary of the Health Resources and Services Administration shall be consulted regarding the promulgation of program guidelines and funding priorities under this section.
(3) Requirement of status as medicaid provider
(A) Subject to subparagraph (B), the Secretary may make a grant under paragraph (1) only if, in the case of any service under such paragraph that is covered in the State plan approved under title XIX of the Social Security Act [
(i)(I) the entity involved will provide the service directly, and the entity has entered into a participation agreement under the State plan and is qualified to receive payments under such plan; or
(II) the entity will enter into an agreement with an organization under which the organization will provide the service, and the organization has entered into such a participation agreement and is qualified to receive such payments; and
(ii) the entity will identify children who may be eligible for medical assistance under a State program under title XIX or XXI of the Social Security Act [
(B)(i) In the case of an organization making an agreement under subparagraph (A)(ii) 1 regarding the provision of services under paragraph (1), the requirement established in such subparagraph regarding a participation agreement shall be waived by the Secretary if the organization does not, in providing health or mental health services, impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or State health benefits program.
(ii) A determination by the Secretary of whether an organization referred to in clause (i) meets the criteria for a waiver under such clause shall be made without regard to whether the organization accepts voluntary donations regarding the provision of services to the public.
(b) Services for children of substance abusers
The Secretary may make a grant under subsection (a) only if the applicant involved agrees to make available (directly or through agreements with other entities) to children of substance abusers each of the following services:
(1) Periodic evaluation of children for developmental, psychological, alcohol and drug, and medical problems.
(2) Primary pediatric care.
(3) Other necessary health and mental health services.
(4) Therapeutic intervention services for children, including provision of therapeutic child care.
(5) Developmentally and age-appropriate drug and alcohol early intervention, treatment and prevention services.
(6) Counseling related to the witnessing of chronic violence.
(7) Referrals for, and assistance in establishing eligibility for, services provided under—
(A) education and special education programs;
(B) Head Start programs established under the Head Start Act [
(C) other early childhood programs;
(D) employment and training programs;
(E) public assistance programs provided by Federal, State, or local governments; and
(F) programs offered by vocational rehabilitation agencies, recreation departments, and housing agencies.
(8) Additional developmental services that are consistent with the provision of early intervention services, as such term is defined in part C of the Individuals with Disabilities Education Act [
Services shall be provided under paragraphs (2) through (8) by a public health nurse, social worker, or similar professional, or by a trained worker from the community who is supervised by a professional, or by an entity, where the professional or entity provides assurances that the professional or entity is licensed or certified by the State if required and is complying with applicable licensure or certification requirements.
(c) Services for affected families
The Secretary may make a grant under subsection (a) only if, in the case of families in which a member is a substance abuser, the applicant involved agrees to make available (directly or through agreements with other entities) each of the following services, as applicable to the family member involved:
(1) Services as follows, to be provided by a public health nurse, social worker, or similar professional, or by a trained worker from the community who is supervised by a professional, or by an entity, where the professional or entity provides assurances that the professional or entity is licensed or certified by the State if required and is complying with applicable licensure or certification requirements:
(A) Counseling to substance abusers on the benefits and availability of substance abuse treatment services and services for children of substance abusers.
(B) Assistance to substance abusers in obtaining and using substance abuse treatment services and in obtaining the services described in subsection (b) for their children.
(C) Visiting and providing support to substance abusers, especially pregnant women, who are receiving substance abuse treatment services or whose children are receiving services under subsection (b).
(D) Aggressive outreach to family members with substance abuse problems.
(E) Inclusion of consumer in the development, implementation, and monitoring of Family Services Plan.
(2) In the case of substance abusers:
(A) Alcohol and drug treatment services, including screening and assessment, diagnosis, detoxification, individual, group and family counseling, relapse prevention, pharmacotherapy treatment, after-care services, and case management.
(B) Primary health care and mental health services, including prenatal and post partum care for pregnant women.
(C) Consultation and referral regarding subsequent pregnancies and life options and counseling on the human immunodeficiency virus and acquired immune deficiency syndrome.
(D) Where appropriate, counseling regarding family violence.
(E) Career planning and education services.
(F) Referrals for, and assistance in establishing eligibility for, services described in subsection (b)(7).
(3) In the case of substance abusers, spouses of substance abusers, extended family members of substance abusers, caretakers of children of substance abusers, and other people significantly involved in the lives of substance abusers or the children of substance abusers:
(A) An assessment of the strengths and service needs of the family and the assignment of a case manager who will coordinate services for the family.
(B) Therapeutic intervention services, such as parental counseling, joint counseling sessions for families and children, and family therapy.
(C) Child care or other care for the child to enable the parent to attend treatment or other activities and respite care services.
(D) Parenting education services and parent support groups which include child abuse and neglect prevention techniques.
(E) Support services, including, where appropriate, transportation services.
(F) Where appropriate, referral of other family members to related services such as job training.
(G) Aftercare services, including continued support through parent groups and home visits.
(d) Training for providers of services to children and families
The Secretary may make a grant under subsection (a) for the training of health, substance abuse and mental health professionals and other providers of services to children and families through youth service agencies, family social services, child care providers, Head Start, schools and after-school programs, early childhood development programs, community-based family resource centers, the criminal justice system, and other providers of services to children and families. Such training shall be to assist professionals in recognizing the drug and alcohol problems of their clients and to enhance their skills in identifying and understanding the nature of substance abuse, and obtaining substance abuse early intervention, prevention and treatment resources.
(e) Eligible entities
The Secretary shall distribute the grants through the following types of entities:
(1) Alcohol and drug early intervention, prevention or treatment programs, especially those providing treatment to pregnant women and mothers and their children.
(2) Public or nonprofit private entities that provide health or social services to disadvantaged populations, and that have—
(A) expertise in applying the services to the particular problems of substance abusers and the children of substance abusers; or
(B) an affiliation or contractual relationship with one or more substance abuse treatment programs or pediatric health or mental health providers and family mental health providers.
(3) Consortia of public or nonprofit private entities that include at least one substance abuse treatment program.
(4) Indian tribes.
(f) Federal share
The Federal share of a program carried out under subsection (a) shall be 90 percent. The Secretary shall accept the value of in-kind contributions, including facilities and personnel, made by the grant recipient as a part or all of the non-Federal share of grants.
(g) Restrictions on use of grant
The Secretary may make a grant under subsection (a) only if the applicant involved agrees that the grant will not be expended—
(1) to provide inpatient hospital services;
(2) to make cash payments to intended recipients of services;
(3) to purchase or improve land, purchase, construct, or permanently improve (other than minor remodeling) any building or other facility, or purchase major medical equipment;
(4) to satisfy any requirement for the expenditure of non-Federal funds as a condition for the receipt of Federal funds; or
(5) to provide financial assistance to any entity other than a public or nonprofit private entity.
(h) Submission to Secretary of certain information
The Secretary may make a grant under subsection (a) only if the applicant involved submits to the Secretary—
(1) a description of the population that is to receive services under this section and a description of such services that are to be provided and measurable goals and objectives;
(2) a description of the mechanism that will be used to involve the local public agencies responsible for health, including maternal and child health 2 mental health, child welfare, education, juvenile justice, developmental disabilities, and substance abuse in planning and providing services under this section, as well as evidence that the proposal has been coordinated with the State agencies responsible for administering those programs, the State agency responsible for administering alcohol and drug programs, the State lead agency, and the State Interagency Coordinating Council under part H 1 of the Individuals with Disabilities Education Act; and; 3
(3) such other information as the Secretary determines to be appropriate.
(i) Reports to Secretary
The Secretary may make a grant under subsection (a) only if the applicant involved agrees that for each fiscal year for which the applicant receives such a grant the applicant, in accordance with uniform standards developed by the Secretary, will submit to the Secretary a report containing—
(1) a description of specific services and activities provided under the grant;
(2) information regarding progress toward meeting the program's stated goals and objectives;
(3) information concerning the extent of use of services provided under the grant, including the number of referrals to related services and information on other programs or services accessed by children, parents, and other caretakers;
(4) information concerning the extent to which parents were able to access and receive treatment for alcohol and drug abuse and sustain participation in treatment over time until the provider and the individual receiving treatment agree to end such treatment, and the extent to which parents re-enter treatment after the successful or unsuccessful termination of treatment;
(5) information concerning the costs of the services provided and the source of financing for health care services;
(6) information concerning—
(A) the number and characteristics of families, parents, and children served, including a description of the type and severity of childhood disabilities, and an analysis of the number of children served by age;
(B) the number of children served who remained with their parents during the period in which entities provided services under this section; and
(C) the number of case workers or other professionals trained to identify and address substance abuse issues.
(7) information on hospitalization or emergency room use by the family members participating in the program; and
(8) such other information as the Secretary determines to be appropriate.
(j) Requirement of application
The Secretary may make any grant under subsection (a) only if—
(1) an application for the grant is submitted to the Secretary;
(2) the application contains the agreements required in this section and the information required in subsection (h); and
(3) the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this section.
(k) Evaluations
The Secretary shall periodically conduct evaluations to determine the effectiveness of programs supported under subsection (a)—
(1) in reducing the incidence of alcohol and drug abuse among substance abusers participating in the programs;
(2) in preventing adverse health conditions in children of substance abusers;
(3) in promoting better utilization of health and developmental services and improving the health, developmental, and psychological status of children receiving services under the program; and
(4) in improving parental and family functioning, including increased participation in work or employment-related activities and decreased participation in welfare programs.
(l) Report to Congress
Not later than 2 years after the date on which amounts are first appropriated under subjection 4 (o), the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate, a report that contains a description of programs carried out under this section. At a minimum, the report shall contain—
(1) information concerning the number and type of programs receiving grants;
(2) information concerning the type and use of services offered; and
(3) information concerning—
(A) the number and characteristics of families, parents, and children served; and
(B) the number of children served who remained with their parents during or after the period in which entities provided services under this section.5
analyzed by the type of entity described in subsection (e) that provided services; 6
(m) Data collection
The Secretary shall periodically collect and report on information concerning the numbers of children in substance abusing families, including information on the age, gender and ethnicity of the children, the composition and income of the family, and the source of health care finances. The periodic report shall include a quantitative estimate of the prevalence of alcohol and drug problems in families involved in the child welfare system, the barriers to treatment and prevention services facing these families, and policy recommendations for removing the identified barriers, including training for child welfare workers.
(n) Definitions
For purposes of this section:
(1) The term "caretaker", with respect to a child of a substance abuser, means any individual acting in a parental role regarding the child (including any birth parent, foster parent, adoptive parent, relative of such a child, or other individual acting in such a role).
(2) The term "children of substance abusers" means—
(A) children who have lived or are living in a household with a substance abuser who is acting in a parental role regarding the children; and
(B) children who have been prenatally exposed to alcohol or other drugs.
(3) The term "Indian tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [
(4) The term "public or nonprofit private entities that provide health or social services to disadvantaged populations" includes community-based organizations, local public health departments, community action agencies, hospitals, community health centers, child welfare agencies, developmental disabilities service providers, and family resource and support programs.
(5) The term "substance abuse" means the abuse of alcohol or other drugs.
(o) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 and 2003.
(July 1, 1944, ch. 373, title V, §519, formerly title III, §399D, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsec. (a)(3)(A), is act Aug. 14, 1935, ch. 531,
Subparagraph (A)(ii), referred to in subsec. (a)(3)(B)(i), meaning subsec. (a)(3)(A)(ii) of this section was redesignated as subsec. (a)(3)(A)(i)(II) and a new subsec. (a)(3)(A)(ii) was added by
The Head Start Act, referred to in subsec. (b)(7)(B), is subchapter B (§§635–657) of
The Individuals with Disabilities Education Act, referred to in subsecs. (b)(8) and (h)(2), is title VI of
The Alaska Native Claims Settlement Act, referred to in subsec. (n)(3), is
Codification
Section was formerly classified to
Amendments
2016—Subsec. (a)(1).
Subsec. (a)(2).
2004—Subsecs. (b)(8), (f).
2000—
Subsec. (a)(1).
Subsec. (a)(1)(B).
Subsec. (a)(1)(C).
Subsec. (a)(1)(D).
Subsec. (a)(2).
Subsec. (a)(3)(A).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(5).
Subsec. (c)(1).
Subsec. (c)(1)(D), (E).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C).
Subsec. (c)(2)(D).
Subsec. (c)(2)(E).
Subsec. (c)(3)(D).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (e).
Subsec. (f).
Subsec. (h)(2).
Subsec. (h)(3), (4).
Subsec. (i)(6)(B).
Subsec. (i)(6)(C).
Subsec. (i)(6)(D), (E).
Subsec. (k).
Subsec. (k)(2).
Subsec. (l).
Subsec. (l)(3).
Subsec. (l)(4).
Subsec. (l)(5), (6).
Subsec. (m).
Subsec. (m)(2).
Subsec. (m)(3)(A).
Subsec. (m)(3)(B).
Subsec. (m)(3)(C) to (E).
Subsec. (m)(4).
Subsec. (m)(5).
Subsec. (n).
Subsec. (o).
Subsec. (o)(2)(B).
Subsec. (p).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Effective Date
Section effective July 10, 1992, with programs making awards providing financial assistance in fiscal year 1993 and subsequent years effective for awards made on or after Oct. 1, 1992, see section 801(b), (d)(1) of
Construction
Reference to Community, Migrant, Public Housing, or Homeless Health Center Considered Reference to Health Center
Reference to community health center, migrant health center, public housing health center, or homeless health center considered reference to health center, see section 4(c) of
1 See References in Text note below.
2 So in original. Probably should be followed by a comma.
3 So in original. The semicolon probably should not appear after "and".
4 So in original. Probably should be "subsection".
5 So in original. The period probably should be a semicolon.
6 So in original. The semicolon probably should be a period.
§290bb–25a. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §519A, as added
§290bb–25b. Programs to reduce underage drinking
(a) Definitions
For purposes of this section:
(1) The term "alcohol beverage industry" means the brewers, vintners, distillers, importers, distributors, and retail or online outlets that sell or serve beer, wine, and distilled spirits.
(2) The term "school-based prevention" means programs, which are institutionalized, and run by staff members or school-designated persons or organizations in any grade of school, kindergarten through 12th grade.
(3) The term "youth" means persons under the age of 21.
(b) Sense of Congress
It is the sense of the Congress that:
(1) A multi-faceted effort is needed to more successfully address the problem of underage drinking in the United States. A coordinated approach to prevention, intervention, treatment, enforcement, and research is key to making progress. This chapter recognizes the need for a focused national effort, and addresses particulars of the Federal portion of that effort, as well as Federal support for State activities.
(2) The Secretary of Health and Human Services shall continue to conduct research and collect data on the short and long-range impact of alcohol use and abuse upon adolescent brain development and other organ systems.
(3) States and communities, including colleges and universities, are encouraged to adopt comprehensive prevention approaches, including—
(A) evidence-based screening, programs and curricula;
(B) brief intervention strategies;
(C) consistent policy enforcement; and
(D) environmental changes that limit underage access to alcohol.
(4) Public health groups, consumer groups, and the alcohol beverage industry should continue and expand evidence-based efforts to prevent and reduce underage drinking.
(5) The entertainment industries have a powerful impact on youth, and they should use rating systems and marketing codes to reduce the likelihood that underage audiences will be exposed to movies, recordings, or television programs with unsuitable alcohol content.
(6) The National Collegiate Athletic Association, its member colleges and universities, and athletic conferences should affirm a commitment to a policy of discouraging alcohol use among underage students and other young fans.
(7) Alcohol is a unique product and should be regulated differently than other products by the States and Federal Government. States have primary authority to regulate alcohol distribution and sale, and the Federal Government should support and supplement these State efforts. States also have a responsibility to fight youth access to alcohol and reduce underage drinking. Continued State regulation and licensing of the manufacture, importation, sale, distribution, transportation and storage of alcoholic beverages are clearly in the public interest and are critical to promoting responsible consumption, preventing illegal access to alcohol by persons under 21 years of age from commercial and non-commercial sources, maintaining industry integrity and an orderly marketplace, and furthering effective State tax collection.
(c) Interagency coordinating committee; annual report on State underage drinking prevention and enforcement activities
(1) Interagency coordinating committee on the prevention of underage drinking
(A) In general
The Secretary, in collaboration with the Federal officials specified in subparagraph (B), shall continue to support and enhance the efforts of the interagency coordinating committee, that began operating in 2004, focusing on underage drinking (referred to in this subsection as the "Committee").
(B) Other agencies
The officials referred to in subparagraph (A) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Assistant Secretary for Mental Health and Substance Use, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate.
(C) Chair
The Secretary of Health and Human Services shall serve as the chair of the Committee.
(D) Duties
The Committee shall guide policy and program development across the Federal Government with respect to underage drinking, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an agency to the Committee.
(E) Consultations
The Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including States, public health research and interest groups, foundations, and alcohol beverage industry trade associations and companies.
(F) Annual report
(i) In general
The Secretary, on behalf of the Committee, shall annually submit to the Congress a report that summarizes—
(I) all programs and policies of Federal agencies designed to prevent and reduce underage drinking, including such programs and policies that support State efforts to prevent or reduce underage drinking;
(II) the extent of progress in preventing and reducing underage drinking at State and national levels;
(III) data that the Secretary shall collect with respect to the information specified in clause (ii); and
(IV) such other information regarding underage drinking as the Secretary determines to be appropriate.
(ii) Certain information
The report under clause (i) shall include information on the following:
(I) Patterns and consequences of underage drinking as reported in research and surveys such as, but not limited to, Monitoring the Future, Youth Risk Behavior Surveillance System, the National Survey on Drug Use and Health, and the Fatality Analysis Reporting System.
(II) Measures of the availability of alcohol from commercial and non-commercial sources to underage populations.
(III) Measures of the exposure of underage populations to messages regarding alcohol in advertising, social media, and the entertainment media.
(IV) Surveillance data, including, to the extent such information is available, information on the onset and prevalence of underage drinking, consumption patterns and beverage preferences, trends related to drinking among different age groups, including between youth and adults, the means of underage access, including trends over time, for these surveillance data, and other data, as appropriate. The Secretary shall develop a plan to improve the collection, measurement, and consistency of reporting Federal underage alcohol data.
(V) Any additional findings resulting from research conducted or supported under subsection (g).
(VI) Evidence-based best practices to prevent and reduce underage drinking and provide treatment services to those youth who need such services.
(2) Annual report on State underage drinking prevention and enforcement activities
(A) In general
The Secretary shall, with input and collaboration from other appropriate Federal agencies, States, Indian Tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually issue a report on each State's performance in enacting, enforcing, and creating laws, regulations, programs, and other actions to prevent or reduce underage drinking based on the best practices identified pursuant to paragraph (1)(F)(ii)(VI). For purposes of this paragraph, each such report, with respect to a year, shall be referred to as the "State Report". Each State Report may be used as a resource to inform the identification and implementation of activities to prevent underage drinking, as determined to be appropriate by such State or other applicable entity.
(B) Contents
(i) Performance measures
The Secretary shall develop, in consultation with the Committee, a set of measures to be used in preparing the State Report on best practices, including as they relate to State laws, regulations, other actions, and enforcement practices.
(ii) State Report content
The State Report shall include updates on State laws, regulations, and other actions, including those described in previous reports to Congress, including with respect to the following:
(I) Whether or not the State has comprehensive anti-underage drinking laws such as for the illegal sale, purchase, attempt to purchase, consumption, or possession of alcohol; illegal use of fraudulent ID; illegal furnishing or obtaining of alcohol for an individual under 21 years; the degree of strictness of the penalties for such offenses; and the prevalence of the enforcement of each of these infractions.
(II) Whether or not the State has comprehensive liability statutes pertaining to underage access to alcohol such as dram shop, social host, and house party laws, and the prevalence of enforcement of each of these laws.
(III) Whether or not the State encourages and conducts comprehensive enforcement efforts to prevent underage access to alcohol at retail outlets, such as random compliance checks and shoulder tap programs, and the number of compliance checks within alcohol retail outlets measured against the number of total alcohol retail outlets in each State, and the result of such checks.
(IV) Whether or not the State encourages training on the proper selling and serving of alcohol for all sellers and servers of alcohol as a condition of employment.
(V) Whether or not the State has policies and regulations with regard to direct sales to consumers and home delivery of alcoholic beverages.
(VI) Whether or not the State has programs or laws to deter adults from purchasing alcohol for minors; and the number of adults targeted by these programs.
(VII) Whether or not the State has enacted graduated drivers licenses and the extent of those provisions.
(VIII) Whether or not the State has adopted any other policies consistent with evidence-based practices related to the prevention of underage alcohol use, which may include any such practices described in relevant reports issued by the Surgeon General and practices related to youth exposure to alcohol-related products and information.
(IX) A description of the degree to which the practices of local jurisdictions within the State vary from one another.
(3) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2023 through 2027.
(d) National media campaign to prevent underage drinking
(1) In general
The Secretary, in consultation with the National Highway Traffic Safety Administration, shall develop or continue an intensive, multifaceted national media campaign aimed at adults to reduce underage drinking.
(2) Purpose
The purpose of the national media campaign described in this section shall be to achieve the following objectives:
(A) Promote community awareness of, and a commitment to, reducing underage drinking.
(B) Encourage activities, including activities carried out by adults, that inhibit the illegal use of alcohol by youth.
(C) Discourage activities, including activities carried out by adults, that promote the illegal use of alcohol by youth.
(3) Components
When implementing the national media campaign described in this section, the Secretary shall—
(A) educate the public about the public health and safety benefits of evidence-based strategies to reduce underage drinking, including existing laws related to the minimum legal drinking age, and engage the public and parents in the implementation of such strategies;
(B) educate the public about the negative consequences of underage drinking;
(C) identify specific actions by adults to discourage or inhibit underage drinking;
(D) discourage adult conduct that tends to facilitate underage drinking;
(E) establish collaborative relationships with local and national organizations and institutions to further the goals of the campaign and assure that the messages of the campaign are disseminated from a variety of sources;
(F) conduct the campaign through multi-media sources; and
(G) take into consideration demographics and other relevant factors to most effectively reach target audiences.
(4) Consultation requirement
In developing and implementing the national media campaign described in this section, the Secretary shall review recommendations for reducing underage drinking, including those published by the National Academies of Sciences, Engineering, and Medicine and the Surgeon General. The Secretary shall also consult with interested parties including the alcohol beverage industry, medical, public health, and consumer and parent groups, law enforcement, institutions of higher education, community-based organizations and coalitions, and other relevant stakeholders.
(5) Annual report
The Secretary shall produce an annual report on the progress of the development or implementation of the media campaign described in this subsection, including expenses and projected costs, and, as such information is available, report on the effectiveness of such campaign in affecting adult attitudes toward underage drinking and adult willingness to take actions to decrease underage drinking.
(6) Research on youth-oriented campaign
The Secretary may, based on the availability of funds, conduct or support research on the potential success of a youth-oriented national media campaign to reduce underage drinking. The Secretary shall report to Congress any such results and any related recommendations.
(7) Administration
The Secretary may enter into an agreement with another Federal agency to delegate the authority for execution and administration of the adult-oriented national media campaign.
(8) Authorization of appropriations
There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2023 through 2027.
(e) Community-based coalition enhancement grants to prevent underage drinking
(1) Authorization of program
The Assistant Secretary for Mental Health and Substance Use, in consultation with the Director of the Office of National Drug Control Policy, shall award enhancement grants to eligible entities to design, implement, evaluate, and disseminate comprehensive strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. This subsection is subject to the availability of appropriations.
(2) Purposes
The purposes of this subsection are to—
(A) prevent and reduce alcohol use among youth in communities throughout the United States;
(B) strengthen collaboration among communities, the Federal Government, Tribal Governments, and State and local governments;
(C) enhance intergovernmental cooperation and coordination on the issue of alcohol use among youth;
(D) serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth;
(E) implement evidence-based strategies to prevent and reduce underage drinking in communities; and
(F) enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth.
(3) Application
An eligible entity desiring an enhancement grant under this subsection shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances, as the Assistant Secretary may require. Each application shall include—
(A) a complete description of the entity's current underage alcohol use prevention initiatives and how the grant will appropriately enhance the focus on underage drinking issues; or
(B) a complete description of the entity's current initiatives, and how it will use the grant to enhance those initiatives by adding a focus on underage drinking prevention.
(4) Uses of funds
Each eligible entity that receives a grant under this subsection shall use the grant funds to carry out the activities described in such entity's application submitted pursuant to paragraph (3) and obtain specialized training and technical assistance by the entity funded under section 4 of
(5) Supplement not supplant
Grant funds provided under this subsection shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this subsection.
(6) Evaluation
Grants under this subsection shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on recipients of drug-free community grants.
(7) Definitions
For purposes of this subsection, the term "eligible entity" means an organization that is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997.
(8) Administrative expenses
Not more than 6 percent of a grant under this subsection may be expended for administrative expenses.
(9) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $11,500,000 for each of fiscal years 2023 through 2027.
(f) Grants to organizations representing pediatric providers and other related health professionals to reduce underage drinking through screening and brief interventions
(1) In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall make awards to one or more entities representing pediatric providers and other related health professionals with demonstrated ability to increase among the members of such entities effective practices to reduce the prevalence of alcohol use among individuals under the age of 21, including college students.
(2) Purposes
Grants under this subsection shall be made to improve—
(A) screening adolescents for alcohol use;
(B) offering brief interventions to adolescents to discourage such use;
(C) educating parents about the dangers of and methods of discouraging such use;
(D) diagnosing and treating alcohol use disorders; and
(E) referring patients, when necessary, to other appropriate care.
(3) Use of funds
An entity receiving a grant under this section may use the grant funding to promote the practices specified in paragraph (2) among its members by—
(A) providing training to health care providers;
(B) disseminating best practices, including culturally and linguistically appropriate best practices, and developing and distributing materials; and
(C) supporting other activities as determined appropriate by the Assistant Secretary.
(4) Application
To be eligible to receive a grant under this subsection, an entity shall submit an application to the Assistant Secretary at such time, and in such manner, and accompanied by such information and assurances as the Secretary may require. Each application shall include—
(A) a description of the entity;
(B) a description of the activities to be completed that will promote the practices specified in paragraph (2);
(C) a description of the entity's qualifications for performing such activities; and
(D) a timeline for the completion of such activities.
(5) Definitions
For the purpose of this subsection:
(A) Brief intervention
The term "brief intervention" means, after screening a patient, providing the patient with brief advice and other brief motivational enhancement techniques designed to increase the insight of the patient regarding the patient's alcohol use, and any realized or potential consequences of such use to effect the desired related behavioral change.
(B) Screening
The term "screening" means using validated patient interview techniques to identify and assess the existence and extent of alcohol use in a patient.
(6) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $3,000,000 for each of fiscal years 2023 through 2027.
(g) Data collection and research
(1) Additional research on underage drinking
(A) In general
The Secretary shall, subject to the availability of appropriations, support the collection of data, and conduct or support research that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services, on underage drinking, with respect to the following:
(i) The evaluation, which may include through the development of relevant capabilities of expertise within a State, of the effectiveness of comprehensive community-based programs or strategies and statewide systems to prevent and reduce underage drinking, across the underage years from early childhood to age 21, such as programs funded and implemented by governmental entities, public health interest groups and foundations, and alcohol beverage companies and trade associations.
(ii) Obtaining and reporting more precise information than is currently collected on the scope of the underage drinking problem and patterns of underage alcohol consumption, including improved knowledge about the problem and progress in preventing, reducing, and treating underage drinking, as well as information on the rate of exposure of youth to advertising and other media messages encouraging and discouraging alcohol consumption.
(iii) The development and identification of evidence-based or evidence-informed strategies to reduce underage drinking, which may include through translational research.
(iv) Improving and conducting public health data collection on alcohol use and alcohol-related conditions in States, which may include by increasing the use of surveys, such as the Behavioral Risk Factor Surveillance System, to monitor binge and excessive drinking and related harms among individuals who are at least 18 years of age, but not more than 20 years of age, including harm caused to self or others as a result of alcohol use that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $5,000,000 for each of fiscal years 2023 through 2027.
(2) National Academies of Sciences, Engineering, and Medicine study
(A) In general
Not later than 12 months after December 29, 2022, the Secretary shall—
(i) contract with the National Academies of Sciences, Engineering, and Medicine to study developments in research on underage drinking and the implications of these developments; and
(ii) report to the Congress on the results of such review.
(B) Authorization of appropriations
There is authorized to be appropriated to carry out this paragraph $500,000 for fiscal year 2023.
(July 1, 1944, ch. 373, title V, §519B, as added
Editorial Notes
References in Text
The Drug-Free Communities Act of 1997, referred to in subsec. (e)(7), is
Amendments
2022—Subsec. (a).
Subsecs. (c) to (g).
2016—Subsec. (c)(1)(B).
Subsec. (c)(3).
Subsec. (d)(4).
Subsec. (e)(1)(A).
Subsec. (e)(1)(C).
Subsec. (e)(1)(I).
Subsec. (f)(2).
Subsec. (g).
2006—
§290bb–25c. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §519C, as added
§290bb–25d. Centers of excellence on services for individuals with fetal alcohol syndrome and alcohol-related birth defects and treatment for individuals with such conditions and their families
(a) In general
The Secretary shall make awards of grants, cooperative agreements, or contracts to public or nonprofit private entities for the purposes of establishing not more than four centers of excellence to study techniques for the prevention of fetal alcohol syndrome and alcohol-related birth defects and adaptations of innovative clinical interventions and service delivery improvements for the provision of comprehensive services to individuals with fetal alcohol syndrome or alcohol-related birth defects and their families and for providing training on such conditions.
(b) Use of funds
An award under subsection (a) may be used to—
(1) study adaptations of innovative clinical interventions and service delivery improvements strategies for children and adults with fetal alcohol syndrome or alcohol-related birth defects and their families;
(2) identify communities which have an exemplary comprehensive system of care for such individuals so that they can provide technical assistance to other communities attempting to set up such a system of care;
(3) provide technical assistance to communities who do not have a comprehensive system of care for such individuals and their families;
(4) train community leaders, mental health and substance abuse professionals, families, law enforcement personnel, judges, health professionals, persons working in financial assistance programs, social service personnel, child welfare professionals, and other service providers on the implications of fetal alcohol syndrome and alcohol-related birth defects, the early identification of and referral for such conditions;
(5) develop innovative techniques for preventing alcohol use by women in child bearing years;
(6) perform other functions, to the extent authorized by the Secretary after consideration of recommendations made by the National Task Force on Fetal Alcohol Syndrome.
(c) Report
(1) In general
A recipient of an award under subsection (a) shall at the end of the period of funding report to the Secretary on any innovative techniques that have been discovered for preventing alcohol use among women of child bearing years.
(2) Dissemination of findings
The Secretary shall upon receiving a report under paragraph (1) disseminate the findings to appropriate public and private entities.
(d) Duration of awards
With respect to an award under subsection (a), the period during which payments under such award are made to the recipient may not exceed 5 years.
(e) Evaluation
The Secretary shall evaluate each project carried out under subsection (a) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
(f) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003.
(July 1, 1944, ch. 373, title V, §519D, as added
§290bb–25e. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §519E, as added
§290bb–25f. Prevention and education programs
(a) In general
The Secretary of Health and Human Services (referred to in this Act as the "Secretary") shall award grants to public and nonprofit private entities to enable such entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids.
(b) Eligibility
(1) Application
To be eligible for grants under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
(2) Preference
In awarding grants under subsection (a), the Secretary shall give preference to applicants that intend to use grant funds to carry out programs based on—
(A) the Athletes Training and Learning to Avoid Steroids program;
(B) The Athletes Targeting Healthy Exercise and Nutrition Alternatives program; and
(C) other programs determined to be effective by the National Institute on Drug Abuse.
(c) Use of funds
Amounts received under a grant under subsection (a) shall be used for education programs that will directly communicate with teachers, principals, coaches, as well as elementary and secondary school children concerning the harmful effects of anabolic steroids.
(d) Authorization of appropriations
There is authorized to be appropriated to carry out this section, $15,000,000 for each of fiscal years 2005 through 2010.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a), means
Codification
Section was enacted as part of the Anabolic Steroid Control Act of 2004, and not as part of the Public Health Service Act which comprises this chapter.
§290bb–25g. Awareness campaigns
(a) In general
The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with the heads of other departments and agencies, shall advance education and awareness regarding the risks related to misuse and abuse of opioids, as appropriate, which may include developing or improving existing programs, conducting activities, and awarding grants that advance the education and awareness of—
(1) the public, including patients and consumers—
(A) generally; and
(B) regarding such risks related to unused opioids and the dispensing options under
(2) providers, which may include—
(A) providing for continuing education on appropriate prescribing practices;
(B) education related to applicable State or local prescriber limit laws, information on the use of non-addictive alternatives for pain management, and the use of overdose reversal drugs, as appropriate;
(C) disseminating and improving the use of evidence-based opioid prescribing guidelines across relevant health care settings, as appropriate, and updating guidelines as necessary;
(D) implementing strategies, such as best practices, to encourage and facilitate the use of prescriber guidelines, in accordance with State and local law;
(E) disseminating information to providers about prescribing options for controlled substances, including such options under
(F) disseminating information, as appropriate, on the National Pain Strategy developed by or in consultation with the Assistant Secretary for Health; and
(3) other appropriate entities.
(b) Topics
The education and awareness campaigns under subsection (a) shall address—
(1) the dangers of opioid misuse and abuse;
(2) the prevention of opioid misuse and abuse, including through non-addictive treatment options, safe disposal options for prescription medications, and other applicable safety precautions; and
(3) the detection of early warning signs of addiction.
(c) Other requirements
The education and awareness campaigns under subsection (a) shall, as appropriate—
(1) take into account any association between prescription opioid abuse and heroin use;
(2) emphasize—
(A) the similarities between heroin and prescription opioids; and
(B) the effects of heroin and prescription opioids on the human body; and
(3) bring greater public awareness to the dangerous effects of fentanyl when mixed with heroin or abused in a similar manner.
(
Editorial Notes
Codification
Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Public Health Service Act which comprises this chapter.
Amendments
2018—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Synthetic Opioid and Emerging Drug Misuse Danger Awareness
"(a)
"(1) promotes awareness about the potency and dangers of fentanyl and its analogues and other synthetic opioids;
"(2) explains services provided by the Substance Abuse and Mental Health Services Administration and the Centers for Disease Control and Prevention (and any entity providing such services under a contract entered into with such agencies) with respect to the use and misuse of opioids (including synthetic opioids) and other emerging drug threats, such as stimulants, as appropriate; and
"(3) relates generally to opioid use and pain management, including information on alternative, nonopioid pain management treatments.
The Secretary shall update such campaign to address emerging drug misuse issues, as appropriate.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) establish baseline measures and benchmarks to quantitatively evaluate the impact of the campaign under this section; and
"(B) conduct qualitative assessments regarding the effectiveness of strategies employed under this section.
"(g)
"(h)
"(i)
"(1)
"(2)
"(A) fire department staff;
"(B) law enforcement officers;
"(C) ambulance transport and other first responders;
"(D) hospital emergency department personnel; and
"(E) other high-risk occupations, as identified by the Secretary."
Information Materials and Resources To Prevent Addiction Related to Youth Sports Injuries
"(a)
"(b)
"(c)
"(d)
subpart 3—center for mental health services
§290bb–31. Center for Mental Health Services
(a) Establishment
There is established in the Administration a Center for Mental Health Services (hereafter in this section referred to as the "Center"). The Center shall be headed by a Director (hereafter in this section referred to as the "Director") appointed by the Secretary from among individuals with extensive experience or academic qualifications in the provision of mental health services or in the evaluation of mental health service systems.
(b) Duties
The Director of the Center shall—
(1) design national goals and establish national priorities for—
(A) the prevention of mental illness; and
(B) the promotion of mental health;
(2) encourage and assist local entities and State agencies to achieve the goals and priorities described in paragraph (1);
(3) collaborate with the Director of the National Institute of Mental Health and the Chief Medical Officer, appointed under
(4) collaborate with the Department of Education and the Department of Justice to develop programs to assist local communities in addressing violence among children and adolescents;
(5) develop and coordinate Federal prevention policies and programs and to assure increased focus on the prevention of mental illness and the promotion of mental health, including through programs that reduce risk and promote resiliency;
(6) in collaboration with the Director of the National Institute of Mental Health, develop improved methods of treating individuals with mental health problems and improved methods of assisting the families of such individuals;
(7) administer the mental health services block grant program authorized in
(8) promote policies and programs at Federal, State, and local levels and in the private sector that foster independence, increase meaningful participation of individuals with mental illness in programs and activities of the Administration, and protect the legal rights of persons with mental illness, including carrying out the provisions of the Protection and Advocacy of Mentally Ill Individuals Act 1 [
(9) carry out the programs under part C; and
(10) carry out responsibilities for the Human Resource Development programs;
(11) conduct services-related assessments, including evaluations of the organization and financing of care, self-help and consumer-run programs, mental health economics, mental health service systems, rural mental health and tele-mental health, and improve the capacity of State to conduct evaluations of publicly funded mental health programs;
(12) disseminate mental health information, including evidence-based practices, to States, political subdivisions, educational agencies and institutions, treatment and prevention service providers, and the general public, including information concerning the practical application of research supported by the National Institute of Mental Health that is applicable to improving the delivery of services;
(13) provide technical assistance to public and private entities that are providers of mental health services;
(14) monitor and enforce obligations incurred by community mental health centers pursuant to the Community Mental Health Centers Act (as in effect prior to the repeal of such Act on August 13, 1981, by section 902(e)(2)(B) of
(15) conduct surveys with respect to mental health, such as the National Reporting Program;
(16) assist States in improving their mental health data collection; and
(17) ensure the consistent documentation of the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded.
(c) Grants and contracts
In carrying out the duties established in subsection (b), the Director may make grants to and enter into contracts and cooperative agreements with public and nonprofit private entities.
(July 1, 1944, ch. 373, title V, §520, as added
Editorial Notes
References in Text
The Protection and Advocacy of Mentally Ill Individuals Act, referred to in subsec. (b)(8), probably means the Protection and Advocacy for Mentally Ill Individuals Act of 1986, which was
The Community Mental Health Centers Act, referred to in subsec. (b)(14), is title II of
Prior Provisions
A prior section 520 of act July 1, 1944, which was classified to
Another prior section 520 of act July 1, 1944, was renumbered section 519 by
Amendments
2016—Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(11).
Subsec. (b)(12).
Subsec. (b)(13) to (16).
Subsec. (b)(17).
2000—Subsec. (b)(3) to (7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10) to (15).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
Task Force on Maternal Mental Health
"(a)
"(1) establish a task force to be known as the Task Force on Maternal Mental Health (in this section referred to as the 'Task Force'); or
"(2) incorporate the duties, public meetings, and reports specified in subsections (c) through (f) into existing relevant Federal committees or working groups, such as the Maternal Health Interagency Policy Committee and the Maternal Health Working Group, as appropriate.
"(b)
"(1)
"(A) the Federal members under paragraph (2); and
"(B) the non-Federal members under paragraph (3).
"(2)
"(A) The Assistant Secretary for Health of the Department of Health and Human Services and the Assistant Secretary for Mental Health and Substance Use, who shall serve as co-chairs.
"(B) The Assistant Secretary for Planning and Evaluation of the Department of Health and Human Services.
"(C) The Assistant Secretary of the Administration for Children and Families.
"(D) The Director of the Centers for Disease Control and Prevention.
"(E) The Administrator of the Centers for Medicare & Medicaid Services.
"(F) The Administrator of the Health Resources and Services Administration.
"(G) The Director of the Indian Health Service.
"(H) Such other Federal departments and agencies as the Secretary determines appropriate that serve individuals with maternal mental health conditions.
"(3)
"(A) compose not more than one-half, and not less than one-third, of the total membership of the Task Force;
"(B) be appointed by the Secretary; and
"(C) include—
"(i) representatives of professional medical societies, professional nursing societies, and relevant health paraprofessional societies with expertise in maternal or mental health;
"(ii) representatives of nonprofit organizations with expertise in maternal or mental health;
"(iii) relevant industry representatives; and
"(iv) other representatives, as appropriate.
"(4)
"(c)
"(1) prepare and regularly update a report that analyzes and evaluates the state of maternal mental health programs at the Federal level, and identifies best practices with respect to maternal mental health (which may include co-occurring substance use disorders), including—
"(A) a set of evidence-based, evidence-informed, and promising practices with respect to—
"(i) prevention strategies for maternal mental health conditions, including strategies and recommendations to reduce racial, ethnic, geographic, and other health disparities;
"(ii) the identification, screening, diagnosis, intervention, and treatment of maternal mental health conditions and affected families;
"(iii) the timely referral to supports, and implementation of practices, that prevent and mitigate the effects of a maternal mental health condition, including strategies and recommendations to eliminate racial and ethnic disparities that exist in maternal mental health; and
"(iv) community-based or multigenerational practices that provide support related to maternal mental health conditions, including support for affected families; and
"(B) Federal and State programs and activities that support prevention, screening, diagnosis, intervention, and treatment of maternal mental health conditions;
"(2) develop and regularly update a national strategy for maternal mental health, taking into consideration the findings of the report under paragraph (1), on how the Task Force and Federal departments and agencies represented on the Task Force may prioritize options for, and may improve coordination with respect to, addressing maternal mental health conditions, including by—
"(A) increasing prevention, screening, diagnosis, intervention, treatment, and access to maternal mental health care, including clinical and nonclinical care such as peer-support and community health workers, through the public and private sectors;
"(B) providing support relating to the prevention, screening, diagnosis, intervention, and treatment of maternal mental health conditions, including families, as appropriate;
"(C) reducing racial, ethnic, geographic, and other health disparities related to prevention, diagnosis, intervention, treatment, and access to maternal mental health care;
"(D) identifying opportunities to modify, strengthen, and better coordinate existing Federal infant and maternal health programs in order to improve screening, diagnosis, research, prevention, identification, intervention, and treatment with respect to maternal mental health; and
"(E) improving planning, coordination, and collaboration across Federal departments, agencies, offices, and programs;
"(3) solicit public comments, as appropriate, from stakeholders for the report under paragraph (1) and the national strategy under paragraph (2) in order to inform the activities and reports of the Task Force; and
"(4) consider the latest research related to maternal mental health in developing the strategy, including, as applicable and appropriate, data and information disaggregated by relevant factors, such as race, ethnicity, geographical location, age, socioeconomic level, and others, as appropriate.
"(d)
"(1) meet not less than two times each year; and
"(2) convene public meetings, as appropriate, to fulfill its duties under this section.
"(e)
"(1) Not later than 1 year after the first meeting of the Task Force, an initial report under subsection (c)(1).
"(2) Not later than 2 years after the first meeting of the Task Force, an initial national strategy under subsection (c)(2).
"(3) Each year thereafter—
"(A) an updated report under subsection (c)(1);
"(B) an updated national strategy under subsection (c)(2); or
"(C) if no update is made under subsection (c)(1) or (c)(2), a report summarizing the activities of the Task Force.
"(f)
"(g)
"(h)
Mental Health Services for Individuals in Correctional Facilities
Executive Documents
Executive Order No. 13263
Ex. Ord. No. 13263, Apr. 29, 2002, 67 F.R. 22337, which established President's New Freedom Commission on Mental Health, was revoked by Ex. Ord. No. 13316, §3(g), Sept. 17, 2003, 68 F.R. 55256, eff. Sept. 30, 2003.
1 See References in Text note below.
§290bb–32. Priority mental health needs of regional and national significance
(a) Projects
The Secretary shall address priority mental health needs of regional and national significance (as determined under subsection (b)) through the provision of or through assistance for—
(1) knowledge development and application projects for prevention, treatment, and rehabilitation, and the conduct or support of evaluations of such projects;
(2) training and technical assistance programs;
(3) targeted capacity response programs; and
(4) systems change grants including statewide family network grants and client-oriented and consumer run self-help activities, which may include technical assistance centers.
The Secretary may carry out the activities described in this subsection directly or through grants, contracts, or cooperative agreements with States, political subdivisions of States, Indian Tribes or Tribal organizations (as such terms are defined in
(b) Priority mental health needs
(1) Determination of needs
Priority mental health needs of regional and national significance shall be determined by the Secretary in consultation with States and other interested groups. The Secretary shall meet with the States and interested groups on an annual basis to discuss program priorities.
(2) Special consideration
In developing program priorities described in paragraph (1), the Secretary shall give special consideration to promoting the integration of mental health services into primary health care systems.
(c) Requirements
(1) In general
Recipients of grants, contracts, and cooperative agreements under this section shall comply with information and application requirements determined appropriate by the Secretary.
(2) Duration of award
With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award are made to the recipient may not exceed 5 years.
(3) Matching funds
The Secretary may, for projects carried out under subsection (a), require that entities that apply for grants, contracts, or cooperative agreements under this section provide non-Federal matching funds, as determined appropriate by the Secretary, to ensure the institutional commitment of the entity to the projects funded under the grant, contract, or cooperative agreement. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in kind, fairly evaluated, including plant, equipment, or services.
(4) Maintenance of effort
With respect to activities for which a grant, contract or cooperative agreement is awarded under this section, the Secretary may require that recipients for specific projects under subsection (a) agree to maintain expenditures of non-Federal amounts for such activities at a level that is not less than the level of such expenditures maintained by the entity for the fiscal year preceding the fiscal year for which the entity receives such a grant, contract, or cooperative agreement.
(d) Evaluation
The Secretary shall evaluate each project carried out under subsection (a)(1) and shall disseminate the findings with respect to each such evaluation to appropriate public and private entities.
(e) Information and education
(1) In general
The Secretary shall establish information and education programs to disseminate and apply the findings of the knowledge development and application, training, and technical assistance programs, and targeted capacity response programs, under this section to the general public, to health care professionals, and to interested groups. The Secretary shall make every effort to provide linkages between the findings of supported projects and State agencies responsible for carrying out mental health services.
(2) Rural and underserved areas
In disseminating information on evidence-based practices in the provision of children's mental health services under this subsection, the Secretary shall ensure that such information is distributed to rural and medically underserved areas.
(3) Geriatric mental disorders
The Secretary shall, as appropriate, provide technical assistance to grantees regarding evidence-based practices for the prevention and treatment of geriatric mental disorders and co-occurring mental health and substance use disorders among geriatric populations, as well as disseminate information about such evidence-based practices to States and nongrantees throughout the United States.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section $599,036,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520A, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2022—Subsec. (a).
Subsec. (f).
2016—Subsec. (a).
Subsec. (a)(4).
Subsec. (e)(3).
Subsec. (f).
2000—
1992—Subsec. (a)(1).
Subsec. (c).
Subsec. (e)(1).
1990—Subsec. (a).
"(1) for mental health services demonstration projects for the planning, coordination, and improvement of community services (including outreach and self-help services) for seriously mentally ill individuals, seriously emotionally disturbed children and youth, elderly individuals, and homeless seriously mentally ill individuals, and for the conduct of research concerning such services;
"(2) for demonstration projects for the prevention of youth suicide;
"(3) for demonstration projects for the improvement of the recognition, assessment, treatment, and clinical management of depressive disorders; and
"(4) for demonstration projects for treatment and prevention relating to sex offenses."
Subsec. (e)(1).
1989—
Statutory Notes and Related Subsidiaries
Applicability of Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Community Mental Health Services Demonstration Projects for Homeless Individuals Who Are Chronically Mentally Ill
1 So in original. The comma probably should not appear.
§290bb–33. Student suicide awareness and prevention training
(a) In general
In awarding funds under
(1) establishing and implementing a school-based student suicide awareness and prevention training policy in accordance with subsection (c);
(2) consulting with stakeholders (including principals, teachers, parents, local Tribal officials, and other relevant experts) and, as appropriate, utilizing information, models, and other resources made available by the Suicide Prevention Technical Assistance Center authorized under
(3) collecting and reporting information in accordance with subsection (d).
(b) Consideration
In giving priority to applicants as described in subsection (a), the Secretary shall, as appropriate, take into consideration the incidence and prevalence of suicide in the applicable jurisdiction and the costs of establishing and implementing, as applicable, a school-based student suicide awareness and prevention training policy.
(c) School-based student suicide awareness and prevention training policy
A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)(1) shall—
(1) be evidence-based;
(2) be culturally- and linguistically-appropriate;
(3) provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health resources, as applicable, regarding—
(A) suicide prevention education and awareness, including associated risk factors;
(B) methods that students can use to seek help; and
(C) student resources for suicide awareness and prevention; and
(4) provide for periodic retraining of such students.
(d) Collection of information and reporting
Each State educational agency, local educational agency, and Tribal educational agency that receives priority to implement a new training policy pursuant to subsection (a)(1) shall report to the Secretary the following aggregated information, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws:
(1) The number of trainings conducted, including the number of student trainings conducted, and the training delivery method used.
(2) The number of students trained, disaggregated by age and grade level.
(3) The number of help-seeking reports made by students after implementation of such policy.
(e) Evidence-based program availability
The Secretary shall coordinate with the Secretary of Education and the Secretary of the Interior to—
(1) make publicly available the policies established by State educational agencies, local educational agencies, and Tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, in accordance with
(2) provide technical assistance and disseminate best practices on student suicide awareness and prevention training policies, including through the Suicide Prevention Technical Assistance Center authorized under
(f) Implementation
Not later than September 30, 2024, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives the number of recipients of funds under
(g) Definitions
In this section:
(1) The term "evidence-based" has the meaning given such term in
(2) The term "local educational agency" has the meaning given to such term in
(3) The term "State educational agency" has the meaning given to such term in
(4) The term "Tribal educational agency" has the meaning given to the term "tribal educational agency" in
(July 1, 1944, ch. 373, title V, §520B, as added
Editorial Notes
Prior Provisions
A prior section 290bb–33, act July 1, 1944, ch. 373, title V, §520B, as added
Another prior section 290bb–33, act July 1, 1944, ch. 373, title V, §520B, formerly title XXIV, §2441, as added
Statutory Notes and Related Subsidiaries
Effective Date
§290bb–34. Suicide prevention technical assistance center
(a) Program authorized
(1) In general
The Secretary, acting through the Assistant Secretary, 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 regarding the prevention of suicide among all ages, particularly among groups that are at a high risk for suicide.
(2) Collaboration
In carrying out this subsection, as applicable with respect to assistance to entities serving members of the Armed Forces and veterans, the Secretary shall, as appropriate, collaborate with the Secretary of Defense and the Secretary of Veterans Affairs.
(b) Responsibilities of the Center
The center established under subsection (a) shall conduct activities for the purpose of—
(1) developing and continuing statewide or Tribal suicide early intervention and prevention strategies for all ages, particularly among groups that are at a high risk for suicide;
(2) ensuring the surveillance of suicide early intervention and prevention strategies for all ages, particularly among groups that are at a high risk for suicide;
(3) studying 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 identifying and understanding causes and associated risk factors for suicide;
(5) analyzing the efficacy of new and existing suicide early intervention and prevention techniques and technology;
(6) ensuring the surveillance of suicidal behaviors and nonfatal suicidal attempts;
(7) studying the effectiveness of State-sponsored statewide and Tribal suicide early intervention and prevention strategies on the overall wellness and health promotion strategies related to suicide attempts;
(8) promoting the sharing of data regarding suicide with Federal agencies involved with suicide early intervention and prevention, and State-sponsored statewide or Tribal suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk factors for suicide;
(9) evaluating and disseminating outcomes and best practices of mental health and substance use disorder services at institutions of higher education; and
(10) conducting 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 $9,000,000 for each of fiscal years 2023 through 2027.
(d) Annual report
Not later than 2 years after December 29, 2022, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the activities carried out by the center established under subsection (a) during the year involved, including the potential effects of such activities, and the States, organizations, and institutions that have worked with the center.
(July 1, 1944, ch. 373, title V, §520C, as added
Editorial Notes
Amendments
2022—
Subsec. (a).
Subsec. (c).
Subsec. (d).
2016—
Subsec. (a).
"(1) shall award grants or contracts to public or nonprofit private entities to establish not more than four research, training, and technical assistance centers to carry out the activities described in subsection (c); and
"(2) shall award a competitive grant to 1 additional research, training, and technical assistance center to carry out the activities described in subsection (d)."
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsecs. (c) to (e).
2004—Subsec. (a).
Subsec. (c).
Subsec. (d).
Subsec. (e).
§290bb–35. Repealed. Pub. L. 114–255, div. B, title IX, §9017, Dec. 13, 2016, 130 Stat. 1248
Section, act July 1, 1944, ch. 373, title V, §520D, as added
§290bb–36. Youth suicide early intervention and prevention strategies
(a) In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, 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, pediatric health programs, 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 or Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act [
(C) a Federally recognized Indian Tribe or Tribal organization (as defined in the Indian Self-Determination and Education Assistance Act [
(2) Limitation
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).
(3) Consideration
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.
(4) Consultation
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.
(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, pediatric health programs, 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, pediatric health programs, 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, pediatric health programs, 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;
(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; and
(15) provide to parents, legal guardians, and family members of youth, supplies to securely store means commonly used in suicide, if applicable, within the household.
(d) Requirement for suicide prevention activities
Not less than 85 percent of grant funds received under this section shall be used to provide suicide prevention activities.
(e) Coordination and collaboration
(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 [
(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 the Department of Education, as appropriate; 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 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.
(2) Report
Not later than December 31, 2025, 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 or
(i) Prohibition
Funds appropriated to carry out this section,
(j) Parental consent
States and entities receiving funding under this section and
(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 or
(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
(C) "school" means an elementary school or secondary school (as such terms are defined in section 8101 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 up to 24 years of age.
(m) Authorization of appropriations
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.
(July 1, 1944, ch. 373, title V, §520E, as added
Editorial Notes
References in Text
The Social Security Act, referred to in subsecs. (a)(5) and (e)(2)(A), is act Aug. 14, 1935, ch. 531,
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(1)(C), is
The Indian Health Care Improvement Act, referred to in subsec. (b)(1)(C), is
The Elementary and Secondary Education Act of 1965, referred to in subsec. (k), is
The No Child Left Behind Act of 2001, referred to in subsec. (k), is
Prior Provisions
A prior section 290bb–36, act July 1, 1944, ch. 373, title V, §520E, as added
Amendments
2022—
Subsec. (a)(1).
Subsec. (b)(1)(B).
Subsec. (b)(1)(C).
Subsec. (c)(1).
Subsec. (c)(7).
Subsec. (c)(9).
Subsec. (c)(15).
Subsec. (d).
Subsec. (e)(3)(A).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (l)(4).
Subsec. (m).
2020—Subsec. (b)(4).
2016—Subsec. (a).
Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (c)(1), (7).
Subsec. (g)(2).
Subsec. (m).
2015—Subsec. (l)(2)(C).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Congressional 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."
§290bb–36a. Suicide prevention for youth
(a) In general
The Secretary shall award grants or cooperative agreements to public organizations, private nonprofit organizations, political subdivisions, consortia of political subdivisions, 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
(b) Collaboration
In carrying out subsection (a), the Secretary shall ensure that activities under this section are coordinated with the relevant Department of Health and Human Services agencies and suicide working groups.
(c) Requirements
A public organization, private nonprofit organization, political subdivision, consortium of political subdivisions, consortium of States, or federally recognized Indian tribe or tribal organization desiring a grant, contract, or cooperative agreement under this section shall demonstrate that the suicide prevention program such entity proposes will—
(1)(A) comply with the State-sponsored statewide early intervention and prevention strategy as developed under
(B) in the case of a consortium of States, receive the support of all States involved;
(2) provide for the timely assessment, treatment, or referral for mental health or substance abuse services of youth at risk for suicide;
(3) be based on suicide prevention practices and strategies that are adapted to the local community;
(4) integrate its suicide prevention program into the existing health care system in the community including general, mental, and behavioral health services, and substance abuse services;
(5) be integrated into other systems in the community that address the needs of youth including the school systems, educational institutions, juvenile justice system, substance abuse programs, mental health programs, foster care systems, and community child and youth support organizations;
(6) use primary prevention methods to educate and raise awareness in the local community by disseminating evidence-based information about suicide prevention;
(7) include suicide prevention, mental health, and related information and services for the families and friends of those who completed suicide, as needed;
(8) offer access to services and care to youth with diverse linguistic and cultural backgrounds;
(9) conduct annual self-evaluations of outcomes and activities, including consulting with interested families and advocacy organizations; 1
(10) ensure that staff used in the program are trained in suicide prevention and that professionals involved in the system of care have received training in identifying persons at risk of suicide.
(d) Use of funds
Amounts provided under a grant or cooperative agreement under this section shall be used to supplement, 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.
(e) Condition
An applicant for a grant or cooperative agreement under subsection (a) shall demonstrate to the Secretary that the application complies with the State-sponsored statewide early intervention and prevention strategy as developed under
(f) Special populations
In awarding grants and cooperative agreements under subsection (a), the Secretary shall ensure that such awards are made in a manner that will focus on the needs of communities or groups that experience high or rapidly rising rates of suicide.
(g) Application
A public organization, private nonprofit organization, political subdivision, consortium of political subdivisions, consortium of States, or Federally recognized Indian tribe or tribal organization receiving a grant or cooperative agreement under subsection (a) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a plan for the rigorous evaluation of activities funded under the grant or cooperative agreement, including a process and outcome evaluation.
(h) Distribution of awards
In awarding grants and cooperative agreements under subsection (a), the Secretary shall ensure that such awards are distributed among the geographical regions of the United States and between urban and rural settings.
(i) Evaluation
A public organization, private nonprofit organization, political subdivision, consortium of political subdivisions, consortium of States, or Federally recognized Indian tribe or tribal organization receiving a grant or cooperative agreement under subsection (a) shall prepare and submit to the Secretary at the end of the program period, an evaluation of all activities funded under this section.
(j) Dissemination and education
The Secretary shall ensure that findings derived from activities carried out under this section are disseminated to State, county and local governmental agencies and public and private nonprofit organizations active in promoting suicide prevention and family support activities.
(k) Duration of projects
With respect to a grant, contract, or cooperative agreement awarded under this section, the period during which payments under such award may be made to the recipient may not exceed 3 years.
(l) Study
Within 1 year after October 17, 2000, the Secretary shall, directly or by grant or contract, initiate a study to assemble and analyze data to identify—
(1) unique profiles of children under 13 who attempt or complete suicide;
(2) unique profiles of youths between ages 13 and 24 who attempt or complete suicide; and
(3) a profile of services available to these groups and the use of these services by children and youths from paragraphs (1) and (2).
(m) Definitions
In this section, the terms "early intervention", "educational institution", "institution of higher education", "prevention", "school", and "youth" have the meanings given to those terms in
(n) Authorization of appropriation
For purposes of carrying out this section, there is authorized to be appropriated $75,000,000 for fiscal year 2001 and such sums as may be necessary for each of the fiscal years 2002 through 2003.
(July 1, 1944, ch. 373, title V, §520E–1, formerly §520E, as added
Editorial Notes
Codification
Section was formerly classified to
Amendments
2004—
Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(6), (7).
Subsec. (c)(8).
Subsec. (c)(9).
Subsec. (c)(10).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (k).
Subsec. (l)(2).
Subsec. (l)(3).
Subsec. (m).
Subsec. (n).
Statutory Notes and Related Subsidiaries
Teen Suicide Prevention Study
"(a)
"(b)
"(1) measures that increase public awareness of suicide as a preventable public health problem, and target parents and youth so that suicide risks and warning signs can be recognized, will help to eliminate the ignorance and stigma of suicide as barriers to youth and families seeking preventive care;
"(2) suicide prevention efforts in the year 2000 should—
"(A) target at-risk youth, particularly youth with mental health problems, substance abuse problems, or contact with the juvenile justice system;
"(B) involve—
"(i) the identification of the characteristics of the at-risk youth and other youth who are contemplating suicide, and barriers to treatment of the youth; and
"(ii) the development of model treatment programs for the youth;
"(C) include a pilot study of the outcomes of treatment for juvenile delinquents with mental health or substance abuse problems;
"(D) include a public education approach to combat the negative effects of the stigma of, and discrimination against individuals with, mental health and substance abuse problems; and
"(E) include a nationwide effort to develop, implement, and evaluate a mental health awareness program for schools, communities, and families;
"(3) although numerous symptoms, diagnoses, traits, characteristics, and psychosocial stressors of suicide have been investigated, no single factor or set of factors has ever come close to predicting suicide with accuracy;
"(4) research of United States youth, such as a 1994 study by Lewinsohn, Rohde, and Seeley, has shown predictors of suicide, such as a history of suicide attempts, current suicidal ideation and depression, a recent attempt or completed suicide by a friend, and low self-esteem; and
"(5) epidemiological data illustrate—
"(A) the trend of suicide at younger ages as well as increases in suicidal ideation among youth in the United States; and
"(B) distinct differences in approaches to suicide by gender, with—
"(i) 3 to 5 times as many females as males attempting suicide; and
"(ii) 3 to 5 times as many males as females completing suicide.
"(c)
"(d)
"(1) the characteristics of at-risk and other youth age 13 through 21 who are contemplating suicide;
"(2) the characteristics of at-risk and other youth who are younger than age 13 and are contemplating suicide; and
"(3) the barriers that prevent youth described in paragraphs (1) and (2) from receiving treatment.
"(e)
[For definition of "youth" as used in section 1602 of
1 So in original. Probably should be followed by "and".
§290bb–36b. Mental health and substance use disorder services for students in higher education
(a) In general
The Secretary, acting through the Director of the Center for Mental Health Services and 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 health or substance use disorders that can lead to school failure, such as depression, substance use disorders, and suicide attempts, prevent mental and substance use disorders, reduce stigma, and improve the identification and treatment for students at risk, 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 one or more of the following:
(1) Educating students, families, faculty, and staff to increase awareness of mental health and substance use disorders and promote resiliency.
(2) The operation of hotlines.
(3) Preparing informational material.
(4) Providing outreach services to notify students about available mental health and substance use disorder resources and services.
(5) Administering voluntary mental health and substance use disorder screenings and assessments.
(6) Supporting the training of students, faculty, and staff to recognize and respond effectively and appropriately to students experiencing mental health and substance use disorders.
(7) Creating a network infrastructure to link institutions of higher education with health care providers who treat mental health and substance use disorders.
(8) Providing mental health and substance use. 1 disorders prevention and treatment services to students, which may include recovery support services and programming and early intervention, treatment, and management, including through the use of telehealth services.
(9) Conducting research through a counseling or health center at the institution of higher education involved to improve the behavioral health of students through clinical services, outreach, prevention, promotion of mental health, or academic success, in a manner that is in compliance with all applicable personal privacy laws.
(10) Supporting student groups on campus, including athletic teams, that engage in activities to educate students, including activities to reduce stigma surrounding mental and behavioral health disorders, and promote mental health.
(11) Employing appropriately trained staff.
(12) Developing and supporting evidence-based and emerging best practices, including a focus on culturally and linguistically appropriate best practices, and trauma-informed practices.
(c) Eligible grant recipients
Any institution of higher education 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 use disorder programs.
(d) Application
To be eligible to receive a grant under this section, an institution of higher education 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 the population to be targeted by the program carried out under the grant, including veterans whenever possible and appropriate, and 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, which may include, as appropriate and in accordance with subsection (b)(7), a plan to seek input from relevant stakeholders in the community, including appropriate public and private entities, in order to carry out the program under the grant.
(3) A description of the outreach strategies of the institution of higher education for promoting mental health and 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.
(6) An outline of the objectives of the program carried out under the grant.
(7) For an institution of higher education proposing to use the grant for an activity described in paragraph (8) or (9) of subsection (b), a description of the policies and procedures of the institution of higher education that are related to applicable laws regarding access to, and sharing of, treatment records of students at any campus-based mental health center or partner organization, including the policies and State laws governing when such records can be accessed and shared for non-treatment purposes and a description of the process used by the institution of higher education to notify students of these policies and procedures, including the extent to which written consent is required.
(8) An assurance that grant funds will be used to supplement and not supplant any other Federal, State, or local funds available to carry out activities of the type carried out under the grant.
(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 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 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 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 requirement established in paragraph (1) with respect to an institution of higher education if the Secretary determines that extraordinary 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 Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate 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 through prevention, early detection, early intervention, and efforts to reduce the incidence of suicide and substance use disorders.
(3) An assessment of the mental health and substance use disorder needs of the populations served by recipients of grants under this section.
(g) Definition
In this section, the term "institution of higher education" has the meaning given such term in
(h) Technical assistance
The Secretary may provide technical assistance to grantees in carrying out this section.
(i) Authorization of appropriations
For the purpose of carrying out this section, there are authorized to be appropriated $7,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520E–2, as added
Editorial Notes
Amendments
2022—
Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(10).
Subsec. (b)(12).
Subsec. (d)(1).
Subsec. (d)(3).
Subsec. (f).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (i).
2016—
Subsec. (a).
Subsec. (b).
"(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 behavioral health issues of students enrolled at the institution of higher education;
"(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 depression, substance abuse, and suicide attempts; or
"(6) the creation of a networking infrastructure to link colleges and universities that do not have mental health services with health care providers who can treat mental and behavioral health problems."
Subsec. (c)(5).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(6) to (8).
Subsec. (e)(1).
Subsec. (f)(2).
Subsec. (h).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Interagency Working Group on College Mental Health
"(a)
"(b)
"(c)
"(1) the Department of Education;
"(2) the Department of Health and Human Services;
"(3) the Department of Veterans Affairs; and
"(4) such other Federal agencies as the Assistant Secretary for Mental Health and Substance Use, in consultation with the Secretary, determines to be appropriate.
"(d)
"(1) serve as a centralized mechanism to coordinate a national effort to—
"(A) discuss and evaluate evidence and knowledge on mental and behavioral health services available to, and the prevalence of mental illness among, the age population of students attending institutions of higher education in the United States;
"(B) determine the range of effective, feasible, and comprehensive actions to improve mental and behavioral health on campuses of institutions of higher education;
"(C) examine and better address the needs of the age population of students attending institutions of higher education dealing with mental illness;
"(D) survey Federal agencies to determine which policies are effective in encouraging, and how best to facilitate outreach without duplicating, efforts relating to mental and behavioral health promotion;
"(E) establish specific goals within and across Federal agencies for mental health promotion, including determinations of accountability for reaching those goals;
"(F) develop a strategy for allocating responsibilities and ensuring participation in mental and behavioral health promotion, particularly in the case of competing agency priorities;
"(G) coordinate plans to communicate research results relating to mental and behavioral health amongst the age population of students attending institutions of higher education to enable reporting and outreach activities to produce more useful and timely information;
"(H) provide a description of evidence-based practices, model programs, effective guidelines, and other strategies for promoting mental and behavioral health on campuses of institutions of higher education;
"(I) make recommendations to improve Federal efforts relating to mental and behavioral health promotion on campuses of institutions of higher education and to ensure Federal efforts are consistent with available standards, evidence, and other programs in existence as of the date of enactment of this Act [Dec. 13, 2016];
"(J) monitor Federal progress in meeting specific mental and behavioral health promotion goals as they relate to settings of institutions of higher education; and
"(K) examine and disseminate best practices related to intracampus sharing of treatment records;
"(2) consult with national organizations with expertise in mental and behavioral health, especially those organizations working with the age population of students attending institutions of higher education; and
"(3) consult with and seek input from mental health professionals working on campuses of institutions of higher education as appropriate.
"(e)
"(1)
"(2)
"(f)
"(g)
§290bb–36c. National Suicide Prevention Lifeline program
(a) In general
The Secretary, acting through the Assistant Secretary, shall maintain the National Suicide Prevention Lifeline program (referred to in this section as the "program"), authorized under
(b) Activities
In maintaining the program, the activities of the Secretary shall include—
(1) supporting and coordinating a network of crisis centers across the United States for providing suicide prevention and mental health crisis intervention services, including appropriate follow-up services, to individuals seeking help at any time, day or night;
(2) maintaining a suicide prevention hotline to link callers to local emergency, mental health, and social services resources;
(3) consulting with the Secretary of Veterans Affairs to ensure that veterans calling the suicide prevention hotline have access to a specialized veterans' suicide prevention hotline;
(4) improving awareness of the program for suicide prevention and mental health crisis intervention services, including by conducting an awareness initiative and ongoing outreach to the public; and
(5) improving the collection and analysis of demographic information, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws, in order to understand disparities in access to the program among individuals who are seeking help.
(c) Plan
(1) In general
For purposes of supporting the crisis centers under subsection (b)(1) and maintaining the suicide prevention hotline under subsection (b)(2), the Secretary shall develop and implement a plan to ensure the provision of high-quality services.
(2) Contents
The plan required by paragraph (1) shall include the following:
(A) Program evaluation, including performance measures to assess progress toward the goals and objectives of the program and to improve the responsiveness and performance of the hotline, including at all backup call centers.
(B) Requirements that crisis centers and backup centers must meet—
(i) to participate in the network under subsection (b)(1); and
(ii) to ensure that each telephone call and applicable other communication received by the hotline, including at backup call centers, is answered in a timely manner, consistent with evidence-based guidance or other guidance or best practices, as appropriate.
(C) Specific recommendations and strategies for implementing evidence-based practices, including with respect to followup and communicating the availability of resources in the community for individuals in need.
(D) Criteria for carrying out periodic testing of the hotline during each fiscal year, including at crisis centers and backup centers, to identify and address any problems in a timely manner.
(3) Consultation
In developing requirements under paragraph (2)(B), the Secretary shall consult with State departments of health, local governments, Indian Tribes, and Tribal organizations.
(4) Initial plan; updates
The Secretary shall—
(A) not later than 1 year after December 29, 2022, complete development of the initial plan under paragraph (1) and make such plan publicly available; and
(B) periodically thereafter, update such plan and make the updated plan publicly available.
(d) Improving epidemiological data
The Secretary shall, as appropriate, formalize and strengthen agreements between the Suicide Prevention Lifeline program and the Centers for Disease Control and Prevention with respect to the secure sharing of de-identified epidemiological data. Such agreements shall include appropriate privacy and security protections that meet the requirements of applicable Federal law, at a minimum.
(e) Data to assist State and local suicide prevention activities
The Secretary shall ensure that the aggregated information collected and any applicable analyses conducted under subsection (b)(5), including from local call centers, as applicable, are made available in a usable format to State and local agencies in order to inform suicide prevention activities.
(f) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $101,621,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520E–3, as added
Editorial Notes
Amendments
2022—Subsec. (b)(1).
Subsec. (b)(4), (5).
Subsec. (c).
Subsecs. (d), (e).
Subsec. (f).
Statutory Notes and Related Subsidiaries
Pilot Program on Innovative Technologies
"(b) Pilot Program on Innovative Technologies.—
"(1)
"(2)
"(A) a full description of the program;
"(B) the number of individuals served by the program;
"(C) the average wait time for each individual to receive a response;
"(D) the cost of the program, including the cost per individual served; and
"(E) any other information the Secretary determines appropriate.
"(e)
§290bb–36d. Treatment Referral Routing Service
(a) In general
The Secretary, acting through the Assistant Secretary, shall maintain the National Treatment Referral Routing Service (referred to in this section as the "Routing Service") to assist individuals and families in locating mental and substance use disorders treatment providers.
(b) Activities of the Secretary
To maintain the Routing Service, the activities of the Assistant Secretary shall include administering—
(1) a nationwide, telephone number providing year-round access to information that is updated on a regular basis regarding local behavioral health providers and community-based organizations in a manner that is confidential, without requiring individuals to identify themselves, is in languages that include at least English and Spanish, and is at no cost to the individual using the Routing Service; and
(2) an Internet website to provide a searchable, online treatment services locator of behavioral health treatment providers and community-based organizations, which shall include information on the name, location, contact information, and basic services provided by such providers and organizations.
(c) Removing practitioner contact information
In the event that the Internet website described in subsection (b)(2) contains information on any practitioner who prescribes narcotic drugs in schedule III, IV, or V of
(1) shall provide an opportunity to such practitioner to have the contact information of the practitioner removed from the website at the request of the practitioner; and
(2) may evaluate other methods to periodically update the information displayed on such website.
(d) Rule of construction
Nothing in this section shall be construed to prevent the Assistant Secretary from using any unobligated amounts otherwise made available to the Administration to maintain the Routing Service.
(July 1, 1944, ch. 373, title V, §520E–4, as added
Editorial Notes
Amendments
2022—Subsec. (c).
§290bb–37. Mental health crisis response partnership pilot program
(a) In general
The Secretary shall establish a pilot program under which the Secretary will award competitive grants to States, localities, territories, Indian Tribes, and Tribal organizations to establish new, or enhance existing, mobile crisis response teams that divert the response for mental health and substance use disorder crises from law enforcement to mobile crisis teams, as described in subsection (b).
(b) Mobile crisis teams described
A mobile crisis team, for purposes of this section, is a team of individuals—
(1) that is available to respond to individuals in mental health and substance use disorder crises and provide immediate stabilization, referrals to community-based mental health and substance use disorder services and supports, and triage to a higher level of care if medically necessary;
(2) which may include licensed counselors, clinical social workers, physicians, paramedics, crisis workers, peer support specialists, or other qualified individuals; and
(3) which may provide support to divert mental health and substance use disorder crisis calls from the 9–1–1 system to the 9–8–8 system.
(c) Priority
In awarding grants under this section, the Secretary shall prioritize applications which account for the specific needs of the communities to be served, including children and families, veterans, rural and underserved populations, and other groups at increased risk of death from suicide or overdose.
(d) Report
(1) Initial report
Not later than September 30, 2024, the Secretary shall submit to Congress a report on steps taken by States, localities, territories, Indian Tribes, and Tribal organizations prior to December 29, 2022, to strengthen the partnerships among mental health providers, substance use disorder treatment providers, primary care physicians, mental health and substance use disorder crisis teams, paramedics, law enforcement officers, and other first responders.
(2) Progress reports
Not later than one year after the date on which the first grant is awarded to carry out this section, and for each year thereafter, the Secretary shall submit to Congress a report on the grants made during the year covered by the report, which shall include—
(A) impact data on the teams and people served by such programs, including demographic information of individuals served, volume, and types of service utilization;
(B) outcomes of the number of linkages made to community-based resources or short-term crisis receiving and stabilization facilities, as applicable, and diversion from law enforcement or hospital emergency department settings;
(C) data consistent with the State block grant requirements for continuous evaluation and quality improvement, and other relevant data as determined by the Secretary;
(D) identification and, where appropriate, recommendations of best practices from States and localities providing mobile crisis response and stabilization services for youth and adults; and
(E) identification of any opportunities for improvements to the program established under this section.
(e) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $10,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520F, as added
Editorial Notes
Amendments
2022—
2016—
§290bb–38. Grants for jail diversion programs
(a) Program authorized
The Secretary shall make grants to States, political subdivisions of States, and Indian Tribes and Tribal organizations (as the terms "Indian tribes" and "tribal organizations" are defined in section 4 of the Indian Self-Determination and Education Assistance Act [
(b) Administration
(1) Consultation
The Secretary shall consult with the Attorney General and any other appropriate officials in carrying out this section.
(2) Regulatory authority
The Secretary shall issue regulations and guidelines necessary to carry out this section, including methodologies and outcome measures for evaluating programs carried out by States, political subdivisions of States, Indian Tribes, and Tribal organizations receiving grants under subsection (a).
(c) Applications
(1) In general
To receive a grant under subsection (a), the chief executive of a State, chief executive of a subdivision of a State, an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require.
(2) Content
Such application shall—
(A) contain an assurance that—
(i) community-based mental health services will be available for the individuals who are diverted from the criminal justice system, and that such services are based on evidence-based practices, reflect current research findings, include case management, assertive community treatment, medication management and access, integrated mental health and co-occurring substance use disorder treatment, peer recovery support services, and psychiatric rehabilitation, and will be coordinated with social services, including life skills training, housing placement, vocational training, education job placement, and health care;
(ii) there has been relevant interagency collaboration between the appropriate criminal justice, mental health, and substance use disorder systems; and
(iii) the Federal support provided will be used to supplement, and not supplant, State, local, Indian Tribe, or Tribal organization sources of funding that would otherwise be available;
(B) demonstrate that the diversion program will be integrated with an existing system of care for those with mental illness;
(C) explain the applicant's inability to fund the program adequately without Federal assistance;
(D) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and
(E) describe methodology and outcome measures that will be used in evaluating the program.
(d) Special consideration regarding veterans
In awarding grants under subsection (a), the Secretary shall, as appropriate, give special consideration to entities proposing to use grant funding to support jail diversion services for veterans.
(e) Use of funds
A State, political subdivision of a State, Indian Tribe, or Tribal organization that receives a grant under subsection (a) may use funds received under such grant to—
(1) integrate the diversion program into the existing system of care;
(2) create or expand community-based mental health and co-occurring mental illness and substance use disorder services to accommodate the diversion program;
(3) train professionals and paraprofessionals involved in the system of care, and law enforcement officers, attorneys, and judges;
(4) provide community outreach and crisis intervention; and
(5) develop programs to divert individuals prior to booking, arrest, or release.
(f) Federal share
(1) In general
The Secretary shall pay to a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) the Federal share of the cost of activities described in the application.
(2) Federal share
The Federal share of a grant made under this section shall not exceed 75 percent of the total cost of the program carried out by the State, political subdivision of a State, Indian Tribe, or Tribal organization. Such share shall be used for new expenses of the program carried out by such State, political subdivision of a State, Indian Tribe, or Tribal organization.
(3) Non-Federal share
The non-Federal share of payments made under this section may be made in cash or in kind fairly evaluated, including planned equipment or services. The Secretary may waive the requirement of matching contributions.
(g) Geographic distribution
The Secretary shall ensure that such grants awarded under subsection (a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
(h) Training and technical assistance
Training and technical assistance may be provided by the Secretary to assist a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) in establishing and operating a diversion program.
(i) Evaluations
The programs described in subsection (a) shall be evaluated not less than one time in every 12-month period using the methodology and outcome measures identified in the grant application.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520G, as added
Editorial Notes
Amendments
2022—Subsec. (a).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2)(A)(i).
Subsec. (c)(2)(A)(iii).
Subsec. (e).
Subsec. (e)(3).
Subsec. (e)(5).
Subsec. (f).
Subsec. (h).
Subsec. (j).
2016—Subsec. (a).
Subsec. (c)(2)(A)(i).
Subsec. (c)(2)(A)(ii).
Subsec. (d).
Subsec. (e).
Subsec. (e)(2).
Subsec. (e)(5).
Subsecs. (f) to (i).
Subsec. (j).
§290bb–39. Peer-supported mental health services
(a) Grants authorized
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall award grants to eligible entities to enable such entities to develop, expand, and enhance access to mental health peer-delivered services.
(b) Use of funds
Grants awarded under subsection (a) shall be used to develop, expand, and enhance national, statewide, or community-focused programs, including virtual peer-support services and technology-related capabilities, including by—
(1) carrying out workforce development, recruitment, and retention activities, to train, recruit, and retain peer-support providers;
(2) building connections between mental health treatment programs, including between community organizations and peer-support networks, including virtual peer-support networks, and with other mental health support services;
(3) reducing stigma associated with mental health disorders;
(4) expanding and improving virtual peer mental health support services, including through the adoption of technologies and capabilities to expand access to virtual peer mental health support services, such as by acquiring equipment and software necessary to efficiently run virtual peer-support services; and
(5) conducting research on issues relating to mental illness and the impact peer-support has on resiliency, including identifying—
(A) the signs of mental illness;
(B) the resources available to individuals with mental illness and to their families; and
(C) the resources available to help support individuals living with mental illness.
(c) Special consideration
In carrying out this section, the Secretary shall give special consideration to the unique needs of rural areas.
(d) Definition
In this section, the term "eligible entity" means—
(1) a consumer-run nonprofit organization that—
(A) is principally governed by people living with a mental health condition; and
(B) mobilizes resources within and outside of the mental health community, which may include through peer-support networks, to increase the prevalence and quality of long-term wellness of individuals living with a mental health condition, including those with a co-occurring substance use disorder; or
(2) an Indian Tribe, Tribal organization, Urban Indian organization, or consortium of Tribes or Tribal organizations.
(e) Authorization of appropriations
There is authorized to be appropriated to carry out this section $13,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520H, as added
Editorial Notes
Prior Provisions
A prior section 290bb–39, act July 1, 1944, ch. 373, title V, §520H, as added
§290bb–39a. Best practices for behavioral and mental health intervention teams
(a) In general
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, shall submit to the Health Education, Labor, and Pensions Committee of the Senate and the Energy and Commerce Committee of the House of Representatives a report that identifies best practices related to using behavioral and mental health intervention teams, which may be used to assist elementary schools, secondary schools, and institutions of higher education interested in voluntarily establishing and using such teams to support students exhibiting behaviors interfering with learning at school or who are at risk of harm to self or others.
(b) Elements
The report under subsection (a) shall assess evidence supporting such best practices and, as appropriate, include consideration of the following:
(1) How behavioral and mental health intervention teams might operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights and privacy of individuals.
(2) The use of behavioral and mental health intervention teams—
(A) to identify and support students exhibiting behaviors interfering with learning or posing a risk of harm to self or others; and
(B) to implement evidence-based interventions to meet the behavioral and mental health needs of such students.
(3) How behavioral and mental health intervention teams can—
(A) access evidence-based professional development to support students described in paragraph (2)(A); and
(B) ensure that such teams—
(i) are composed of trained, diverse stakeholders with expertise in child and youth development, behavioral and mental health, and disability; and
(ii) use cross validation by a wide-range of individual perspectives on the team.
(4) How behavioral and mental health intervention teams can help mitigate inappropriate referral to mental health services or law enforcement by implementing evidence-based interventions that meet student needs.
(c) Consultation
In carrying out subsection (a), the Secretary shall consult with—
(1) the Secretary of Education;
(2) the Director of the National Threat Assessment Center of the United States Secret Service;
(3) the Attorney General;
(4) teachers (which shall include special education teachers), principals and other school leaders, school board members, behavioral and mental health professionals (including school-based mental health professionals), and parents of students;
(5) local law enforcement agencies and campus law enforcement administrators;
(6) privacy, disability, and civil rights experts; and
(7) other education and mental health professionals as the Secretary deems appropriate.
(d) Publication
The Secretary shall publish the report under subsection (a) in an accessible format on the internet website of the Department of Health and Human Services.
(e) Definitions
In this section:
(1) The term "behavioral and mental health intervention team" means a multidisciplinary team of trained individuals who—
(A) are trained to identify and assess the behavioral health needs of children and youth and who are responsible for identifying, supporting, and connecting students exhibiting behaviors interfering with learning at school, or who are at risk of harm to self or others, with appropriate behavioral health services; and
(B) develop and facilitate implementation of evidence-based interventions to—
(i) mitigate the threat of harm to self or others posed by a student described in subparagraph (A);
(ii) meet the mental and behavioral health needs of such students; and
(iii) support positive, safe, and supportive learning environments.
(2) The terms "elementary school", "parent", and "secondary school" have the meanings given to such terms in
(3) The term "institution of higher education" has the meaning given to such term in
(July 1, 1944, ch. 373, title V, §520H–1, as added
§290bb–40. Grants for the integrated treatment of serious mental illness and co-occurring substance abuse
(a) In general
The Secretary shall award grants, contracts, or cooperative agreements to States, political subdivisions of States, Indian tribes, tribal organizations, and private nonprofit organizations for the development or expansion of programs to provide integrated treatment services for individuals with a serious mental illness and a co-occurring substance abuse disorder.
(b) Priority
In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall give priority to applicants that emphasize the provision of services for individuals with a serious mental illness and a co-occurring substance abuse disorder who—
(1) have a history of interactions with law enforcement or the criminal justice system;
(2) have recently been released from incarceration;
(3) have a history of unsuccessful treatment in either an inpatient or outpatient setting;
(4) have never followed through with outpatient services despite repeated referrals; or
(5) are homeless.
(c) Use of funds
A State, political subdivision of a State, Indian tribe, tribal organization, or private nonprofit organization that receives a grant, contract, or cooperative agreement under subsection (a) shall use funds received under such grant—
(1) to provide fully integrated services rather than serial or parallel services;
(2) to employ staff that are cross-trained in the diagnosis and treatment of both serious mental illness and substance abuse;
(3) to provide integrated mental health and substance abuse services at the same location;
(4) to provide services that are linguistically appropriate and culturally competent;
(5) to provide at least 10 programs for integrated treatment of both mental illness and substance abuse at sites that previously provided only mental health services or only substance abuse services; and
(6) to provide services in coordination with other existing public and private community programs.
(d) Condition
The Secretary shall ensure that a State, political subdivision of a State, Indian tribe, tribal organization, or private nonprofit organization that receives a grant, contract, or cooperative agreement under subsection (a) maintains the level of effort necessary to sustain existing mental health and substance abuse programs for other populations served by mental health systems in the community.
(e) Distribution of awards
The Secretary shall ensure that grants, contracts, or cooperative agreements awarded under subsection (a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
(f) Duration
The Secretary shall award grants, contract, or cooperative agreements under this subsection for a period of not more than 5 years.
(g) Application
A State, political subdivision of a State, Indian tribe, tribal organization, or private nonprofit organization that desires a grant, contract, or cooperative agreement under this subsection shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include a plan for the rigorous evaluation of activities funded with an award under such subsection, including a process and outcomes evaluation.
(h) Evaluation
A State, political subdivision of a State, Indian tribe, tribal organization, or private nonprofit organization that receives a grant, contract, or cooperative agreement under this subsection shall prepare and submit a plan for the rigorous evaluation of the program funded under such grant, contract, or agreement, including both process and outcomes evaluation, and the submission of an evaluation at the end of the project period.
(i) Authorization of appropriation
There is authorized to be appropriated to carry out this subsection $40,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 through 2003.
(July 1, 1944, ch. 373, title V, §520I, as added
§290bb–41. Mental health awareness training grants
(a) In general
The Secretary shall award grants in accordance with the provisions of this section.
(b) Mental health awareness training grants
(1) In general
The Secretary shall award grants to States, political subdivisions of States, Indian Tribes, Tribal organizations, and nonprofit private entities to train teachers and other relevant school personnel to recognize symptoms of childhood and adolescent mental disorders, to refer family members to the appropriate mental health services if necessary, to train emergency services personnel 1 veterans, law enforcement, and other categories of individuals, as determined by the Secretary, to identify and appropriately respond to persons with a mental illness, and to provide education to such teachers and personnel regarding resources that are available in the community for individuals with a mental illness.
(2) Emergency services personnel
In this subsection, the term "emergency services personnel" includes paramedics, firefighters, and emergency medical technicians.
(3) Distribution of awards
The Secretary shall ensure that such grants awarded under this subsection are equitably distributed among the geographical regions of the United States and between urban and rural populations.
(4) Application
A State, political subdivision of a State, Indian Tribe, Tribal organization, or nonprofit private entity that desires a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for the rigorous evaluation of activities that are carried out with funds received under a grant under this subsection.
(5) Use of funds
A State, political subdivision of a State, Indian Tribe, Tribal organization, or nonprofit private entity receiving a grant under this subsection shall use funds from such grant for evidence-based programs that provide training and education in accordance with paragraph (1) on matters including—
(A) recognizing the signs and symptoms of mental illness;
(B)(i) resources available in the community for individuals with a mental illness and other relevant resources; or
(ii) safely de-escalating crisis situations involving individuals with a mental illness; and
(C) suicide intervention and prevention.
(6) Evaluation
A State, political subdivision of a State, Indian Tribe, Tribal organization, or nonprofit private entity that receives a grant under this subsection shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under the grant under this subsection and a process and outcome evaluation.
(7) Technical assistance
The Secretary may provide technical assistance to grantees in carrying out this section, which may include assistance with—
(A) program evaluation and related activities, including related data collection and reporting;
(B) implementing and disseminating evidence-based practices and programs; and
(C) facilitating collaboration among grantees.
(8) Authorization of appropriations
There is authorized to be appropriated to carry out this subsection $24,963,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520J, as added
Editorial Notes
Amendments
2022—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(5)(C).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
2016—
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(5).
"(A) train teachers and other relevant school personnel to recognize symptoms of childhood and adolescent mental disorders and appropriately respond;
"(B) train emergency services personnel to identify and appropriately respond to persons with a mental illness; and
"(C) provide education to such teachers and personnel regarding resources that are available in the community for individuals with a mental illness."
Subsec. (b)(7).
1 So in original. A comma probably should appear.
§290bb–42. Improving uptake and patient access to integrated care services
(a) Definitions
In this section:
(1) Eligible entity
The term "eligible entity" means a State, or an appropriate State agency, in collaboration with—
(A) 1 or more qualified community programs as described in
(B) 1 or more health centers (as defined in
(2) Integrated care; bidirectional integrated care
(A) The term "integrated care" means collaborative models, including the psychiatric collaborative care model and other evidence-based or evidence-informed models, or practices for coordinating and jointly delivering behavioral and physical health services, which may include practices that share the same space in the same facility.
(B) The term "bidirectional integrated care" means the integration of behavioral health care and specialty physical health care, and the integration of primary and physical health care within specialty behavioral health settings, including within primary health care settings.
(3) Psychiatric collaborative care model
The term "psychiatric collaborative care model" means the evidence-based, integrated behavioral health service delivery method that includes—
(A) care directed by the primary care team;
(B) structured care management;
(C) regular assessments of clinical status using developmentally appropriate, validated tools; and
(D) modification of treatment as appropriate.
(4) Special population
The term "special population" means—
(A) adults with a serious mental illness or adults who have co-occurring mental illness and physical health conditions or chronic disease;
(B) children and adolescents with a serious emotional disturbance who have a co-occurring physical health condition or chronic disease;
(C) individuals with a substance use disorder; or
(D) individuals with a mental illness who have a co-occurring substance use disorder.
(b) Grants and cooperative agreements
(1) In general
The Secretary may award grants and cooperative agreements to eligible entities to support the improvement of integrated care for physical and behavioral health care in accordance with paragraph (2).
(2) Use of funds
A grant or cooperative agreement awarded under this section shall be used—
(A) to promote full integration and collaboration in clinical practices between physical and behavioral health care, including for special populations;
(B) to support the improvement of integrated care models for physical and behavioral health care to improve overall wellness and physical health status, including for special populations;
(C) to promote the implementation and improvement of bidirectional integrated care services provided at entities described in subsection (a)(1), including evidence-based or evidence-informed screening, assessment, diagnosis, prevention, treatment, and recovery services for mental and substance use disorders, and co-occurring physical health conditions and chronic diseases; and
(D) in the case of an eligible entity that is collaborating with a primary care practice, to support the implementation of evidence-based or evidence-informed integrated care models, including the psychiatric collaborative care model, including—
(i) by hiring staff;
(ii) by identifying and formalizing contractual relationships with other health care providers or other relevant entities offering care management and behavioral health consultation to facilitate the adoption of integrated care, including, as applicable, providers who will function as psychiatric consultants and behavioral health care managers in providing behavioral health integration services through the collaborative care model;
(iii) by purchasing or upgrading software and other resources, as applicable, needed to appropriately provide behavioral health integration, including resources needed to establish a patient registry and implement measurement-based care; and
(iv) for such other purposes as the Secretary determines to be applicable and appropriate.
(c) Applications
(1) In general
An eligible entity that is seeking a grant or cooperative agreement under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including the contents described in paragraph (2).
(2) Contents for awards
Any such application of an eligible entity seeking a grant or cooperative agreement under this section shall include, as applicable—
(A) a description of a plan to achieve fully collaborative agreements to provide bidirectional integrated care to special populations;
(B) a summary of the policies, if any, that are barriers to the provision of integrated care, and the specific steps, if applicable, that will be taken to address such barriers;
(C) a description of partnerships or other arrangements with local health care providers to provide services to special populations and, as applicable, in areas with demonstrated need, such as Tribal, rural, or other medically underserved communities, such as those with a workforce shortage of mental health and substance use disorder, pediatric mental health, or other related professionals;
(D) an agreement and plan to report to the Secretary performance measures necessary to evaluate patient outcomes and facilitate evaluations across participating projects; and
(E) a description of the plan or progress in implementing the psychiatric collaborative care model, as applicable and appropriate;
(F) a description of the plan or progress of evidence-based or evidence-informed integrated care models other than the psychiatric collaborative care model implemented by primary care practices, as applicable and appropriate; and
(G) a plan for sustainability beyond the grant or cooperative agreement period under subsection (e).
(d) Grant and cooperative agreement amounts
(1) Target amount
The target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section shall be no more than $2,000,000.
(2) Adjustment permitted
The Secretary, taking into consideration the quality of an eligible entity's application and the number of eligible entities that received grants under this section prior to December 29, 2022, may adjust the target amount that an eligible entity may receive for a year through a grant or cooperative agreement under this section.
(3) Limitation
An eligible entity that is receiving funding under subsection (b)—
(A) may not allocate more than 10 percent of the funds awarded to such eligible entity under this section to administrative functions; and
(B) shall allocate the remainder of such funding to health facilities that provide integrated care.
(e) Duration
A grant or cooperative agreement under this section shall be for a period not to exceed 5 years.
(f) Report on program outcomes
An eligible entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Secretary. Such annual report shall include—
(1) the progress made to reduce barriers to integrated care as described in the entity's application under subsection (c);
(2) a description of outcomes with respect to each special population listed in subsection (a)(4), including outcomes related to education, employment, and housing, or, as applicable and appropriate, outcomes for such populations receiving behavioral health care through the psychiatric collaborative care model in primary care practices; and
(3) progress in meeting performance metrics and other relevant benchmarks; and
(4) such other information that the Secretary may require.
(g) Technical assistance for primary-behavioral health care integration
(1) Certain recipients
The Secretary may provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under subsection (b)(2), in order to help such entities meet the requirements of this section, including assistance with—
(A) development and selection of integrated care models;
(B) dissemination of evidence-based interventions in integrated care;
(C) establishment of organizational practices to support operational and administrative success; and
(D) as appropriate, appropriate information, training, and technical assistance in implementing the psychiatric collaborative care model when an eligible entity is collaborating with 1 or more primary care practices for the purposes of implementing the psychiatric collaborative care model.
(2) Additional dissemination of technical information
In addition to providing the assistance described in paragraph (1) to recipients of a grant or cooperative agreement under this section, the Secretary may also provide such assistance to other States and political subdivisions of States, Indian Tribes and Tribal organizations, as those terms are defined in
(h) Report to Congress
Not later than 18 months after December 29, 2022, and annually thereafter, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives summarizing the information submitted in reports to the Secretary under subsection (f), including progress made in meeting performance metrics and the uptake of integrated care models, any adjustments made to target amounts pursuant to subsection (d)(2), and any other relevant information.
(i) Funding
(1) Authorization of appropriations
To carry out this section, there is authorized to be appropriated $60,000,000 for each of fiscal years 2023 through 2027.
(2) Increasing uptake of the psychiatric collaborative care model by primary care practices
Not less than 10 percent of funds appropriated to carry out this section shall be for the purposes of implementing the psychiatric collaborative care model implemented by primary care practices under subsection (b).
(3) Funding contingency
Paragraph (2) shall not apply to a fiscal year unless the amount made available to carry out this section for such fiscal year exceeds the amount appropriated to carry out this section (as in effect before December 29, 2022) for fiscal year 2022.
(July 1, 1944, ch.373, title V, §520K, as added
Editorial Notes
References in Text
Section 223 of the Protecting Access to Medicare Act of 2014, referred to in subsec. (g)(2), is section 223 of
Amendments
2022—
2016—
§290bb–43. Adult suicide prevention
(a) Grants
(1) In general
The Assistant Secretary shall award grants to eligible entities described in paragraph (2) to implement suicide prevention and intervention programs, for adult individuals, that are designed to raise awareness of suicide prevention, establish referral processes, and improve care and outcomes for such individuals who are at risk of suicide.
(2) Eligible entities
To be eligible to receive a grant under this section, an entity shall be a community-based primary care or behavioral health care setting, an emergency department, a State mental health agency (or State health agency with mental or behavioral health functions), public health agency, a territory of the United States, or an Indian Tribe or Tribal organization (as the terms "Indian Tribe" and "Tribal organization" are defined in
(3) Use of funds
The grants awarded under paragraph (1) shall be used to implement programs, in accordance with such paragraph, that include one or more of the following components:
(A) Screening for suicide risk, suicide intervention services, and services for referral for treatment for individuals at risk for suicide.
(B) Implementing evidence-based practices to provide treatment for individuals at risk for suicide, including appropriate followup services.
(C) Raising awareness of suicide prevention resources and promoting help seeking among those at risk for suicide.
(b) Evaluations and technical assistance
The Assistant Secretary shall—
(1) evaluate the activities supported by grants awarded under subsection (a), and disseminate, as appropriate, the findings from the evaluation;
(2) provide appropriate information, training, and technical assistance, as appropriate, to eligible entities that receive a grant under this section, in order to help such entities to meet the requirements of this section, including assistance with selection and implementation of evidence-based interventions and frameworks to prevent suicide; and
(3) identify best practices, as applicable, to improve the identification, assessment, treatment, and timely transition, as appropriate, to additional or follow-up care for individuals in emergency departments who are at risk for suicide and enhance the coordination of care for such individuals during and after discharge, in support of activities under subsection (a).
(c) Duration
A grant under this section shall be for a period of not more than 5 years.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520L, as added
Editorial Notes
Amendments
2022—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3)(C).
Subsec. (b)(3).
Subsec. (d).
§290bb–44. Assertive community treatment grant program
(a) In general
The Assistant Secretary shall award grants to eligible entities—
(1) to establish assertive community treatment programs for adults with a serious mental illness; or
(2) to maintain or expand such programs.
(b) Eligible entities
To be eligible to receive a grant under this section, an entity shall be a State, political subdivision of a State, Indian Tribe or Tribal organization (as such terms are defined in
(c) Special consideration
In selecting among applicants for a grant under this section, the Assistant Secretary may give special consideration to the potential of the applicant's program to reduce hospitalization, homelessness, and involvement with the criminal justice system while improving the health and social outcomes of the patient.
(d) Additional activities
The Assistant Secretary shall—
(1) not later than the end of fiscal year 2026, submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the grant program under this section, including an evaluation of—
(A) any cost savings and public health outcomes such as mortality, suicide, substance use disorders, hospitalization, and use of services;
(B) rates of involvement with the criminal justice system of patients;
(C) rates of homelessness among patients; and
(D) patient and family satisfaction with program participation; and
(2) provide appropriate information, training, and technical assistance to grant recipients under this section to help such recipients to establish, maintain, or expand their assertive community treatment programs.
(e) Authorization of appropriations
(1) In general
To carry out this section, there is authorized to be appropriated $9,000,000 for each of fiscal years 2023 through 2027.
(2) Use of certain funds
Of the funds appropriated to carry out this section in any fiscal year, not more than 5 percent shall be available to the Assistant Secretary for carrying out subsection (d).
(July 1, 1944, ch. 373, title V, §520M, as added
Editorial Notes
Amendments
2022—Subsec. (b).
Subsec. (d)(1).
Subsec. (e)(1).
§290bb–45. Center of Excellence for Eating Disorders for education and training on eating disorders
(a) In general
The Secretary, acting through the Assistant Secretary, shall maintain, by competitive grant or contract, a Center of Excellence for Eating Disorders (referred to in this section as the "Center") to improve the identification of, interventions for, and treatment of eating disorders in a manner that is developmentally, culturally, and linguistically appropriate.
(b) Subgrants and subcontracts
The Center shall coordinate and implement the activities under subsection (c), in whole or in part, which may include by awarding competitive subgrants or subcontracts—
(1) across geographical regions; and
(2) in a manner that is not duplicative.
(c) Activities
The Center—
(1) shall—
(A) provide training and technical assistance, including for—
(i) primary care and mental health providers to carry out screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders; and
(ii) other paraprofessionals and relevant individuals providing nonclinical community services to identify and support individuals with, or at disproportionate risk for, eating disorders;
(B) facilitate the development of, and provide training materials to, health care providers (including primary care and mental health professionals) regarding the effective treatment and ongoing support of individuals with eating disorders, including children and marginalized populations at disproportionate risk for eating disorders;
(C) collaborate and coordinate, as appropriate, with other centers of excellence, technical assistance centers, and psychiatric consultation lines of the Substance Abuse and Mental Health Services Administration and the Health Resources and Services Administration regarding eating disorders;
(D) coordinate with the Director of the Centers for Disease Control and Prevention and the Administrator of the Health Resources and Services Administration, and other Federal agencies, as appropriate, to disseminate training to primary care and mental health care providers; and
(E) support other activities, as determined appropriate by the Secretary; and
(2) may—
(A) support the integration of protocols pertaining to screening, brief intervention, and referral to treatment for individuals experiencing, or at risk for, eating disorders, with health information technology systems;
(B) develop and provide training materials to health care providers, including primary care and mental health providers, to provide screening, brief intervention, and referral to treatment for members of the military and veterans experiencing, or at risk for, eating disorders; and
(C) consult, as appropriate, with the Secretary of Defense and the Secretary of Veterans Affairs on prevention, identification, intervention for, and treatment of eating disorders.
(d) Authorization of appropriations
To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, §520N, as added
§§290cc to 290cc–12. Repealed. Pub. L. 102–321, title I, §§117, 120(b)(3), 123(c), July 10, 1992, 106 Stat. 348 , 358, 363
Section 290cc, act July 1, 1944, ch. 373, title V, §515, formerly
Section 290cc–1, act July 1, 1944, ch. 373, title V, §516, as added Oct. 19, 1984,
Section 290cc–2, act July 1, 1944, ch. 373, title V, §517, as added Oct. 19, 1984,
Section 290cc–11, act July 1, 1944, ch. 373, title V, §518, formerly §519, as added Nov. 18, 1988,
Section 290cc–12, act July 1, 1944, ch. 373, title V, §519, formerly §520, as added Nov. 18, 1988,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of
§290cc–13. Transferred
Editorial Notes
Codification
Section, act July 1, 1944, ch. 373, title V, §520, formerly §520A, as added Nov. 18, 1988,