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

Page 1402 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300w–10 1, 1944. Section 701 of that Act was omitted in the gen- eral revision of subchapter V of this chapter by Pub. L. 102–408, title I, § 102, Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102–408 enacted a new section 701 of act July 1, 1944, re- lating to statement of purpose, and a new section 702, relating to scope and duration of loan insurance pro- gram, which are classified to sections 292 and 292a, re- spectively, of this title. For provisions relating to defi- nitions, see section 295p of this title. AMENDMENTS 2024—Subsec. (d). Pub. L. 118–178 substituted ‘‘$22,334,000 for each of fiscal years 2020 through 2024, and $24,334,000 for each of fiscal years 2025 through 2029’’ for ‘‘and $22,334,000 for each of fiscal years 2020 through 2024’’. 2019—Subsec. (d). Pub. L. 116–49 substituted ‘‘2014,’’ for ‘‘2014, and’’ and inserted before period at end ‘‘, and $22,334,000 for each of fiscal years 2020 through 2024’’. 2014—Subsec. (d). Pub. L. 113–180 substituted ‘‘$30,387,656’’ for ‘‘and $30,387,656’’ and inserted before period at end ‘‘, and $20,213,000 for each of fiscal years 2015 through 2019’’. 2010—Subsec. (a). Pub. L. 111–148, § 5603(1), substituted ‘‘4-year period (with an optional 5th year’’ for ‘‘3-year period (with an optional 4th year’’. Subsec. (d). Pub. L. 111–148, § 5603(2), substituted ‘‘such sums’’ for ‘‘and such sums’’ and inserted ‘‘, $25,000,000 for fiscal year 2010, $26,250,000 for fiscal year 2011, $27,562,500 for fiscal year 2012, $28,940,625 for fiscal year 2013, and $30,387,656 for fiscal year 2014’’ be- fore period at end. 1998—Subsec. (a). Pub. L. 105–392, § 415(1), substituted ‘‘3-year period (with an optional 4th year based on per- formance)’’ for ‘‘two-year period’’ and ‘‘3 grants’’ for ‘‘one grant’’. Subsec. (d). Pub. L. 105–392, § 415(2), substituted ‘‘2005’’ for ‘‘1997’’. 1992—Subsec. (a). Pub. L. 102–410, § 11(1), substituted ‘‘grants’’ for ‘‘not more than four grants in any fiscal year’’ after ‘‘Secretary may make’’ in first sentence. Subsec. (d). Pub. L. 102–410, § 11(2), substituted ‘‘$5,000,000’’ for ‘‘and $5,000,000’’ and inserted before pe- riod ‘‘, and such sums as may be necessary for each of the fiscal years 1993 through 1997’’. 1990—Subsec. (a). Pub. L. 101–590, § 5(1)(A), which di- rected the substitution of ‘‘grants’’ for ‘‘not more that four grants in any fiscal year’’ could not be executed because the language to be stricken did not appear in text. Pub. L. 101–590, § 5(1)(B), struck out ‘‘in such States’’ after ‘‘demonstration projects’’ in first sentence. Subsec. (d). Pub. L. 101–590, § 5(2), substituted ‘‘each of the fiscal years 1991 and 1992’’ for ‘‘fiscal year 1991’’. 1988—Subsec. (a). Pub. L. 100–607, § 302(a), substituted ‘‘shall be for not more than a two-year period, subject to annual evaluation by the Secretary’’ for ‘‘shall be for a one-year period’’. Subsec. (d). Pub. L. 100–607, § 302(b), inserted ‘‘, $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, and $5,000,000 for fiscal year 1991’’ before period at end. 1986—Subsec. (a). Pub. L. 99–272, § 17004(1), which di- rected substitution of ‘‘not more than four grants in any fiscal year to States or accredited schools of medi- cine in States’’ for ‘‘grant to not more than four States in any fiscal year’’ was made by substituting former phrase for ‘‘grants to not more than four States in any fiscal year’’, as the probable intent of Congress. Pub. L. 99–272, § 17004(2), inserted at end ‘‘Only one grant under this subsection may be made in a State (to a State or to a school of medicine in such State) in any fiscal year.’’ Subsec. (b). Pub. L. 99–272, § 17004(3), substituted ‘‘States in which grants under such subsection have not been made’’ for ‘‘other States’’. Subsecs. (c), (d). Pub. L. 99–272, § 17004(4), (5), added subsec. (c) and redesignated former subsec. (c) as (d). § 300w–10. Repealed. Pub. L. 106–386, div. B, title IV, § 1401(b), Oct. 28, 2000, 114 Stat. 1513 Section, act July 1, 1944, ch. 373, title XIX, § 1910A, as added Pub. L. 103–322, title IV, § 40151, Sept. 13, 1994, 108 Stat. 1920, related to use of allotments for rape preven- tion education. See section 280b–1b of this title. A prior section 300w–10, act July 1, 1944, ch. 373, title XIX, § 1910A, as added Oct. 30, 1984, Pub. L. 98–555, § 8, 98 Stat. 2856, related to State planning grants, prior to re- peal by Pub. L. 100–607, title III, § 303, Nov. 4, 1988, 102 Stat. 3112. PART B—BLOCK GRANTS REGARDING MENTAL HEALTH AND SUBSTANCE USE Editorial Notes CODIFICATION Pub. L. 117–328, div. FF, title I, § 1241(a)(1), Dec. 29, 2022, 136 Stat. 5677, substituted ‘‘Substance Use’’ for ‘‘Substance Abuse’’ in part heading. SUBPART I—BLOCK GRANTS FOR COMMUNITY MENTAL HEALTH SERVICES § 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. 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. (b) Purpose of grants A funding agreement for a grant under sub- section (a) is that, subject to section 300x–5 of this title, the State involved will expend the grant only for the purpose of— (1) providing community mental health serv- ices for adults with a serious mental illness and children with a serious emotional disturb- ance as defined in accordance with section 300x–1(c) of this title; (2) carrying out the plan submitted under section 300x–1(a) of this title by the State for the fiscal year involved; (3) evaluating programs and services carried out under the plan; and (4) planning, administration, and edu- cational activities related to providing serv- ices under the plan. (July 1, 1944, ch. 373, title XIX, § 1911, as added Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 378; amended Pub. L. 114–255, div. B, title VIII, § 8001(a), Dec. 13, 2016, 130 Stat. 1225.) Editorial Notes PRIOR PROVISIONS A prior section 300x, act July 1, 1944, ch. 373, title XIX, § 1911, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 543; amended Oct. 19, 1984, Pub. L. 98–509, title I, §§ 101, 106(a), 98 Stat. 2353, 2358; Nov. 18, 1988, Pub. L. 100–690, title II, § 2021, 102 Stat. 4194, authorized appropriations in fiscal years 1990 and 1991 for purpose of carrying out this subpart and section 290aa–11 of this title, prior to repeal by Pub. L. 102–321, § 201(2). Page 1403 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300x–1 AMENDMENTS 2016—Subsec. (b). Pub. L. 114–255 added par. (1) and re- designated former pars. (1) to (3) as (2) to (4), respec- tively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Part 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, and with provision that section 205(a) of Pub. L. 102–321, set out below, regarding allotments made for fiscal year 1992 under this part as in effect on the day before July 10, 1992, applies with respect to the program established in this part, see section 801(b), (d) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title. TEMPORARY PROVISIONS REGARDING FUNDING Section 205 of Pub. L. 102–321, as amended by Pub. L. 102–352, § 2(c), Aug. 26, 1992, 106 Stat. 939; Pub. L. 102–408, title III, § 312, Oct. 13, 1992, 106 Stat. 2091, provided that, with respect to allotments made for fiscal year 1992 under this part, as in effect on the day before July 10, 1992, any portion of the total of such allotments that has not been paid to the States as of the first day of the fourth quarter of such fiscal year be reallotted with the result that the total allotment made for a State for fis- cal year 1992 be the amount indicated for the State in a specified table, authorized Secretary of Health and Human Services to make a grant to a State of the real- lotment if the State agrees that the grant be subject to all conditions upon which allotments and payments under this part, as in effect on the day before July 10, 1992, are made for fiscal 1992, with specified exceptions, permitted transfers of allotments made in fiscal years 1993 and 1994 between this part and subpart II, section 300x–21 of this title, under certain circumstances, de- fined terms as used, and directed funding, subject to a limitation, of a program for pregnant and postpartum women for fiscal year 1993. REPORT ON ALLOTMENT FORMULA Section 707 of Pub. L. 102–321 directed Secretary of Health and Human Services to enter into a contract with National Academy of Sciences, or if such Academy declines, with another public or nonprofit private agen- cy, for purpose of conducting a study or studies con- cerning statutory formulae under which funds made available under this section and section 300x–21 of this title are allocated among States and territories, speci- fied findings to be made by the study or studies, di- rected Secretary to ensure that not later than 6 months after July 10, 1992, the study was completed and a re- port submitted to Committee on Energy and Commerce of House of Representatives and Committee on Labor and Human Resources of Senate, and directed entity preparing the report to consult with Comptroller Gen- eral with Comptroller General to review the study after its submittal and within three months make appro- priate recommendations concerning such report to such committees. § 300x–1. State plan for comprehensive commu- nity mental health services for certain indi- viduals (a) In general The Secretary may make a grant under sec- tion 300x of this title only if— (1) the State involved submits to the Sec- retary 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 re- spect to the grant; (ii) provide for an organized community- based system of care for individuals with mental illness, and describe available serv- ices and resources in a comprehensive sys- tem of care, including services for individ- uals with co-occurring disorders; (iii) include a description of the manner in which the State and local entities will coordinate services to maximize the effi- ciency, effectiveness, quality, and cost-ef- fectiveness of services and programs to produce the best possible outcomes (in- cluding health services, rehabilitation services, employment services, housing services, educational services, substance use disorder services, legal services, law enforcement services, social services, child welfare services, medical and dental care services, and other support services to be provided with Federal, State, and local public and private resources) with other agencies to enable individuals receiving services to function outside of inpatient or residential institutions, to the maximum extent of their capabilities, including serv- ices to be provided by local school systems under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.]; (iv) include a description of how the State promotes evidence-based practices, including those evidence-based programs that address the needs of individuals with early serious mental illness regardless of the age of the individual at onset, provide comprehensive individualized treatment, or integrate mental and physical health services; (v) include a description of case manage- ment services; (vi) include a description of activities that seek to engage adults with a serious mental illness or children with a serious emotional disturbance and their caregivers where appropriate in making health care decisions, including activities that en- hance communication among individuals, families, caregivers, and treatment pro- viders; and (vii) as appropriate to, and reflective of, the uses the State proposes for the block grant funds, include—