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42 U.S.C. § 290bb–36bMental health and substance use disorder services for students in higher education

submitted 82 years ago by Pub. L. 108-355 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,222 words · no verdicts yet

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The Secretary may give competitive grants to colleges to improve mental health and substance use services for students. Colleges can use the money for education, hotlines, screening, staff training, and treatment services, among other approved uses. Grantees generally must match federal funds dollar for dollar.

(a) In general The Secretary, acting through the Director of the Center for Mental Health Services and consulting the Secretary of Education, may award competitive grants to colleges to improve 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 — to prevent these disorders, reduce stigma, and improve identification and treatment for at-risk students so they can finish their studies. (b) Use of funds A grant recipient must use the funds for one or more of: (1) educating students, families, faculty, and staff to raise awareness of mental health and substance use disorders and promote resilience; (2) operating hotlines; (3) preparing informational material; (4) reaching out to tell students about available resources and services; (5) offering voluntary screenings and assessments; (6) training students, faculty, and staff to recognize and respond appropriately to students experiencing these disorders; (7) creating a network linking colleges with outside health care providers who treat these disorders; (8) providing prevention and treatment services, which may include recovery support, early intervention, treatment, management, and telehealth; (9) funding research through a campus counseling or health center to improve student behavioral health, complying with all applicable privacy laws; (10) supporting student groups, including athletic teams, that educate students and reduce stigma around mental and behavioral health disorders; (11) employing appropriately trained staff; and (12) developing evidence-based and emerging best practices, including culturally and linguistically appropriate and trauma-informed ones. (c) Eligible grant recipients A college may carry out grant activities through: (1) college counseling centers; (2) college and university psychological service centers; (3) mental health centers; (4) psychology training clinics; or (5) college-supported, evidence-based mental health and substance use disorder programs. (d) Application To get a grant, a college must submit an application including at least: (1) a description of the target population — including veterans where possible — and its identified mental health and substance use needs; (2) a description of federal, state, local, private, and institutional resources currently available for those needs, which may include a plan to get input from relevant community stakeholders; (3) the college's outreach strategy for promoting mental health and access to services, including a plan for reaching students most in need; (4) a plan to evaluate program outcomes, including planned use of funds and objectives; (5) an assurance the college will report to the Secretary each fiscal year on its activities and results; (6) an outline of the program's objectives; (7) for colleges proposing to use funds under subsection (b)(8) or (9), a description of policies and state laws on accessing and sharing student treatment records — including when records can be shared for non-treatment purposes — and how students are told about these policies; and (8) an assurance that funds will supplement, not replace, other available funding. (e) Requirement of matching funds (1) The Secretary may fund a college only if it agrees to provide non-federal contributions — directly or through donations — of at least $1 for every $1 of federal grant money, toward the grant activities and other efforts to reduce student mental health and substance use disorders. (2) Contributions can be cash or in-kind, but federal money or federally subsidized services don't count toward this match. (3) The Secretary may waive this requirement if a college shows extraordinary need. (f) Reports For each fiscal year grants are awarded, the Secretary must study the results and report to the House Committee on Energy and Commerce and the Senate Committee on Health, Education, Labor, and Pensions, covering: (1) an evaluation of grant program outcomes, including a summary of funded activities and their results; (2) recommendations for improving access to campus mental health and substance use disorder services, including through prevention, early detection and intervention, and efforts to reduce suicide and substance use disorders; and (3) an assessment of the mental health and substance use needs of the populations grantees serve. (g) Definition "Institution of higher education" has the meaning given in 20 U.S.C. § 1001. (h) Technical assistance The Secretary may give technical assistance to grantees carrying out this section. (i) Authorization of appropriations $7,000,000 per year is authorized for fiscal years 2023 through 2027.
the actual law source: uscode.house.gov ↗public domain
(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 section 1001 of title 20.

(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.

Source credit: (July 1, 1944, ch. 373, title V, § 520E–2, as added Pub. L. 108–355, § 3(d), Oct. 21, 2004, 118 Stat. 1413; amended Pub. L. 114–255, div. B, title IX, § 9031, Dec. 13, 2016, 130 Stat. 1257; Pub. L. 117–328, div. FF, title I, § 1423, Dec. 29, 2022, 136 Stat. 5703.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 108-355 · 118 Stat. 1413
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1257
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5703

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-355 on 1944-07-01.

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