Section text and notes
In general
Eligible entity
Definition
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).
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.
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.
Preference
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.
Coordination and collaboration
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.
Consultation
Policy development
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.
Evaluations and report
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.
Report
Rule of construction; student medication
section 290bb–36a of this titleNothing in this section or shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services.
Prohibition
section 290bb–34 of this titlesection 290bb–36a of this titlesection 290bb–36b of this titleFunds appropriated to carry out this section, , , or shall not be used to pay for or refer for abortion.
Parental consent
Relation to education provisions
section 290bb–36a of this titlesection 1232g of title 20section 290bb–36a of this title20 U.S.C. 6301Public Law 107–110Nothing in this section or shall be construed to supersede , including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section or shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 [ et seq.] (as amended by the No Child Left Behind Act of 2001; ).
Definitions
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.
Educational institution; institution of higher education; school
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.
Youth
The term “youth” means individuals who are up to 24 years of age.
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 Pub. L. 108–355, § 3(c)118 Stat. 1409 Pub. L. 114–95, title IX, § 9215(kkk)(3)129 Stat. 2187 Pub. L. 114–255, div. B, title VI, § 6001(c)(1)130 Stat. 1203 Pub. L. 116–260, div. BB, title III, § 315134 Stat. 2932 Pub. L. 117–328, div. FF, title I, § 1422136 Stat. 5702 (, title V, § 520E, as added , , ; amended , , ; , title IX, § 9008(b), , , 1242; , , ; , , .)
Editorial Notes
References in Text
act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of this titleThe Social Security Act, referred to in subsecs. (a)(5) and (e)(2)(A), is , . Titles V, XIX, and XXI of the Act are classified generally to subchapters V (§ 701 et seq.), XIX (§ 1396 et seq.), and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Pub. L. 93–63888 Stat. 2203 section 5301 of Title 25The Indian Self-Determination and Education Assistance Act, referred to in subsec. (b)(1)(C), is , , , which is classified principally to chapter 46 (§ 5301 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 94–43790 Stat. 1400 section 1601 of Title 25The Indian Health Care Improvement Act, referred to in subsec. (b)(1)(C), is , , , which is classified principally to chapter 18 (§ 1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 89–1079 Stat. 27 section 6301 of Title 20The Elementary and Secondary Education Act of 1965, referred to in subsec. (k), is , , , which is classified generally to chapter 70 (§ 6301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Pub. L. 107–110115 Stat. 1425 section 6301 of Title 20The No Child Left Behind Act of 2001, referred to in subsec. (k), is , , . For complete classification of this Act to the Code, see Short Title of 2002 Amendment note set out under , Education, and Tables.
Prior Provisions
act July 1, 1944, ch. 373, title V, § 520E Pub. L. 106–310, div. B, title XXXI, § 3111114 Stat. 1186 Pub. L. 108–355, § 3(b)(2)118 Stat. 1409 section 290bb–36a of this titleA prior section 290bb–36, , as added , , , and amended, which related to suicide prevention for children and adolescents, was renumbered section 520E–1 of act , by , , , and transferred to .
Amendments
Pub. L. 117–328, § 1422(2)2022—, substituted “Tribal” for “tribal” wherever appearing.
Pub. L. 117–328, § 1422(3)Subsec. (a)(1). , inserted “pediatric health programs,” after “foster care systems,”.
Pub. L. 117–328, § 1422(4)Subsec. (b)(1)(B). , amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored statewide youth suicide early intervention and prevention strategy; or”.
Pub. L. 117–328, § 1422(1)Subsec. (b)(1)(C). , substituted “Tribe” for “tribe”.
Pub. L. 117–328, § 1422(5)(A)Subsec. (c)(1). , inserted “pediatric health programs,” after “foster care systems,”.
Pub. L. 117–328, § 1422(5)(B)Subsec. (c)(7). , inserted “pediatric health programs,” after “foster care systems,”.
Pub. L. 117–328, § 1422(5)(C)Subsec. (c)(9). , inserted “pediatric health programs,” after “educational institutions,”.
Pub. L. 117–328, § 1422(5)(D)Subsec. (c)(15). –(F), added par. (15).
Pub. L. 117–328, § 1422(6)Subsec. (d). , substituted “suicide prevention activities” for “direct services” in heading and “suicide prevention activities” for “direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3)” in text.
Pub. L. 117–328, § 1422(7)Subsec. (e)(3)(A). , inserted “and the Department of Education, as appropriate” after “agencies and suicide working groups”.
Pub. L. 117–328, § 1422(8)(A)Subsec. (g)(1). , substituted “24” for “18”.
Pub. L. 117–328, § 1422(8)(B)Subsec. (g)(2). , substituted “” for “2 years after ”.
lPub. L. 117–328, § 1422(9)Subsec. ()(4). , substituted “up to 24 years of age” for “between 10 and 24 years of age”.
Pub. L. 117–328, § 1422(10)Subsec. (m). , substituted “$40,000,000 for each of fiscal years 2023 through 2027” for “$30,000,000 for each of fiscal years 2018 through 2022”.
Pub. L. 116–2602020—Subsec. (b)(4). added par. (4).
Pub. L. 114–255, § 6001(c)(1)2016—Subsec. (a). , substituted “Assistant Secretary for Mental Health and Substance Use” for “Administrator of the Substance Abuse and Mental Health Services Administration” in introductory provisions.
Pub. L. 114–255, § 9008(b)(1)Subsec. (a)(1). , substituted “substance use disorder” for “substance abuse”.
Pub. L. 114–255, § 9008(b)(2)(A)Subsec. (b)(2). , substituted “ensure that a State does not receive more than 1 grant or cooperative agreement under this section at any 1 time” for “ensure that each State is awarded only 1 grant or cooperative agreement under this section” and “received” for “been awarded”.
Pub. L. 114–255, § 9008(b)(2)(B)Subsec. (b)(3). , added par. (3).
Pub. L. 114–255, § 9008(b)(1)Subsec. (c)(1), (7). , substituted “substance use disorder” for “substance abuse”.
Pub. L. 114–255, § 9008(b)(3)Subsec. (g)(2). , substituted “2 years after ,” for “2 years after ,”.
Pub. L. 114–255, § 9008(b)(4)Subsec. (m). , added subsec. (m) and struck out former subsec. (m) which authorized appropriations for fiscal years 2005 to 2007 and provided that the Secretary should give preference to certain States if less than $3,500,000 was appropriated for any fiscal year.
lPub. L. 114–952015—Subsec. ()(2)(C). substituted “elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965)” for “elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Pub. L. 114–95section 5 of Pub. L. 114–95section 6301 of Title 20Amendment by effective , except with respect to certain noncompetitive programs and competitive programs, see , set out as a note under , Education.
Congressional Findings
Pub. L. 108–355, § 2118 Stat. 1404