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42 U.S.C. § 300x — Formula grants to States

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x — Formula grants to States

**(a) In general** For the purpose described in subsection (b), the Secretary, acting through the Director of the Center for Mental Health Services, shall make an allotment each fiscal year for each State in an amount determined in accordance with [section 300x–7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-7&num=0&edition=prelim). The Secretary shall make a grant to the State of the allotment made for the State for the fiscal year if the State submits to the Secretary an application in accordance with [section 300x–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-6&num=0&edition=prelim). **(b) Purpose of grants** A funding agreement for a grant under subsection (a) is that, subject to [section 300x–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-5&num=0&edition=prelim), the State involved will expend the grant only for the purpose of— (1) providing community mental health services for adults with a serious mental illness and children with a serious emotional disturbance as defined in accordance with [section 300x–1(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/c&num=0&edition=prelim); (2) carrying out the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) by the State for the fiscal year involved; (3) evaluating programs and services carried out under the plan; and (4) planning, administration, and educational activities related to providing services under the plan.

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Stable record: federal_law:legal_authorities:record_usc_4fa18d2e0761675a2da44116
Source file: Laws/federal/codes/united-states-code/title-42/section-300x-formula-grants-to-states--8503f4656d.md
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Source location: Title 42, Chapter 6A, § 300x; chapter-6a-public-health-service.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 236 — Administration of grants in multigrant projects; promulgation of regulations

For the purpose of facilitating the administration of, and expediting the carrying out of the purposes of, the programs established by subchapters V, VI, and VII,11 See References in Text note below. and sections 242b, 246(a), 246(b), 246(c), 246(d),1 and 246(e) 1 of this title in situations in which grants are sought or made under two or more of such programs with respect to a single project, the Secretary is authorized to promulgate regulations— (1) under which the administrative functions under such programs with respect to such project will be performed by a single administrative unit which is the administrative unit charged with the administration of any of such programs or is the administrative unit charged with the supervision of two or more of such programs; (2) designed to reduce the number of applications, reports, and other materials required under such programs to be submitted with respect to such project, and otherwise to simplify, consolidate, and make uniform (to the extent feasible), the data and information required to be contained in such applications, reports, and other materials; and (3) under which inconsistent or duplicative requirements imposed by such programs will be revised and made uniform with respect to such project; except that nothing in this section shall be construed to authorize the Secretary to waive or suspend, with respect to any such project, any requirement with respect to any of such programs if such requirement is imposed by law or by any regulation required by law.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 236

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 15025 — State Councils on Developmental Disabilities and designated State agencies

**(a) In general** Each State that receives assistance under this part shall establish and maintain a Council to undertake advocacy, capacity building, and systemic change activities (consistent with subsections (b) and (c) of [section 15001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim)) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this part. The Council shall have the authority to fulfill the responsibilities described in subsection (c). **(b) Council membership** (1) **Council appointments** (A) *In general* — The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State. (B) *Recommendations* — The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council may, at the initiative of the Council, or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations. (C) *Representation* — The membership of the Council shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity. (2) **Membership rotation** — The Governor shall make appropriate provisions to rotate the membership of the Council. Such provisions shall allow members

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15025

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 237 — Orphan Products Board

**(a) Establishment; composition; chairman** There is established in the Department of Health and Human Services a board for the development of drugs (including biologics) and devices (including diagnostic products) for rare diseases or conditions to be known as the Orphan Products Board. The Board shall be comprised of the Assistant Secretary for Health of the Department of Health and Human Services and representatives, selected by the Secretary, of the Food and Drug Administration, the National Institutes of Health, the Centers for Disease Control and Prevention, and any other Federal department or agency which the Secretary determines has activities relating to drugs and devices for rare diseases or conditions. The Assistant Secretary for Health shall chair the Board. **(b) Function** The function of the Board shall be to promote the development of drugs and devices for rare diseases or conditions and the coordination among Federal, other public, and private agencies in carrying out their respective functions relating to the development of such articles for such diseases or conditions. **(c) Duties with respect to drugs for rare diseases or conditions** In the case of drugs for rare diseases or conditions the Board shall— (1) evaluate— (A) the effect of subchapter B of the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 360aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section360aa&num=0&edition=prelim) et seq.] on the development of such drugs, and (B) the implementation of such subchapter; 11 So in original. The semicolon probably should be a comma. (2) evaluate the activities of the National Institutes of Health for the development of drugs for such diseases or conditions, (3) assure appropriate coordination among the Food and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 237

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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 [section 290aa(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290aa/g&num=0&edition=prelim), to ensure that, as appropriate, programs related to the prevention and treatment of mental illness and the promotion of mental health and recovery support are carried out in a manner that reflects the best available science and evidence-based practices, including culturally and linguistically appropriate services, as appropriate; (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;

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290bb–31

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290ff — Comprehensive community mental health services for children with serious emotional disturbances

**(a) Grants to certain public entities** (1) **In general** — The Secretary, acting through the Director of the Center for Mental Health Services, shall make grants to public entities for the purpose of providing comprehensive community mental health services to children with a serious emotional disturbance, which may include efforts to identify and serve children at risk. (2) **“Public entity” defined** — For purposes of this part, the term “public entity” means any State, any political subdivision of a State, and any Indian tribe or tribal organization (as defined in section 5304(b) and section 5304(c) 11 See References in Text note below. of title 25). **(b) Considerations in making grants** (1) **Requirement of status as grantee under part B of subchapter XVII** — The Secretary may make a grant under subsection (a) to a public entity only if— (A) in the case of a public entity that is a State, the State is a grantee under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim); (B) in the case of a public entity that is a political subdivision of a State, the State in which the political subdivision is located is such a grantee; and (C) in the case of a public entity that is an Indian tribe or tribal organization, the State in which the tribe or tribal organization is located is such a grantee. (2) **Requirement of status as medicaid provider** (A) Subject to subparagraph (B), the Secretary may make a grant under subsection (a) only if, in the case of any service under such subsection that is covered in the State plan approved under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&e

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290ff

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x–1 — State plan for comprehensive community mental health services for certain individuals

**(a) In general** The Secretary may make a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) only if— (1) the State involved submits to the Secretary a plan for providing comprehensive community mental health services to adults with a serious mental illness and to children with a serious emotional disturbance; (2) the plan meets the criteria specified in subsection (b); and (3) the plan is approved by the Secretary. **(b) Criteria for plan** In accordance with subsection (a), a State shall submit to the Secretary a plan every two years that, at a minimum, includes each of the following: (1) **System of care** — A description of the State’s system of care that contains the following: (A) *Comprehensive community-based health systems* — The plan shall— (i) identify the single State agency to be responsible for the administration of the program under the grant, including any third party who administers mental health services and is responsible for complying with the requirements of this part with respect to the grant; (ii) provide for an organized community-based system of care for individuals with mental illness, and describe available services and resources in a comprehensive system of care, including services for individuals with co-occurring disorders; (iii) include a description of the manner in which the State and local entities will coordinate services to maximize the efficiency, effectiveness, quality, and cost-effectiveness of services and programs to produce the best possible outcomes (including health services, rehabilitation services, employment services, housing services, educational services, substance use disorder services, legal services, la

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x–2 — Certain agreements

**(a) Allocation for systems of integrated services for children** (1) **In general** — With respect to children with a serious emotional disturbance, a funding agreement for a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) is that— (A) in the case of a grant for fiscal year 1993, the State involved will expend not less than 10 percent of the grant to increase (relative to fiscal year 1992) funding for the system of integrated services described in section 300x–1(b)(9) 11 See References in Text note below. of this title; (B) in the case of a grant for fiscal year 1994, the State will expend not less than 10 percent of the grant to increase (relative to fiscal year 1993) funding for such system; and (C) in the case of a grant for any subsequent fiscal year, the State will expend for such system not less than an amount equal to the amount expended by the State for fiscal year 1994. (2) **Waiver** (A) Upon the request of a State, the Secretary may provide to the State a waiver of all or part of the requirement established in paragraph (1) if the Secretary determines that the State is providing an adequate level of comprehensive community mental health services for children with a serious emotional distrubance,22 So in original. Probably should be “disturbance,”. as indicated by a comparison of the number of such children for which such services are sought with the availability in the State of the services. (B) The Secretary shall approve or deny a request for a waiver under subparagraph (A) not later than 120 days after the date on which the request is made. (C) Any waiver provided by the Secretary under subparagraph (A) shall be applicable only to the fisca

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–2

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x–3 — State mental health planning council

**(a) In general** A funding agreement for a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) is that the State involved will establish and maintain a State mental health planning council in accordance with the conditions described in this section. **(b) Duties** A condition under subsection (a) for a Council is that the duties of the Council are— (1) to review plans provided to the Council pursuant to [section 300x–4(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–4/a&num=0&edition=prelim) by the State involved and to submit to the State any recommendations of the Council for modifications to the plans; (2) to serve as an advocate for adults with a serious mental illness, children with a severe emotional disturbance, and other individuals with mental illnesses or emotional problems; and (3) to monitor, review, and evaluate, not less than once each year, the allocation and adequacy of mental health services within the State. **(c) Membership** (1) **In general** — A condition under subsection (a) for a Council is that the Council be composed of residents of the State, including representatives of— (A) the principal State agencies with respect to— (i) mental health, education, vocational rehabilitation, criminal justice, housing, and social services; and (ii) the development of the plan submitted pursuant to title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.]; (B) public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related su

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–3

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300x–4 — Additional provisions

**(a) Review of State plan by mental health planning council** The Secretary may make a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) to a State only if— (1) the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) with respect to the grant and the report of the State under [section 300x–52(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–52/a&num=0&edition=prelim) concerning the preceding fiscal year has been reviewed by the State mental health planning council under [section 300x–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-3&num=0&edition=prelim); and (2) the State submits to the Secretary any recommendations received by the State from such council for modifications to the plan (without regard to whether the State has made the recommended modifications) and any comments concerning the annual report. **(b) Maintenance of effort regarding State expenditures for mental health** (1) **In general** — A funding agreement for a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) is that the State involved will maintain State expenditures for community mental health services at a level that is not less than the average level of such expenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying for the grant. (2) **Exclusion of certain funds** — The Secretary may exclude from the aggregate State expenditures under subsecti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–4

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