US (United States) Code. Title 42. Chapter 6A: Public Health Service

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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CITE-

42 USC Sec. 290bb-1a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-1a. Transferred

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title V, Sec. 512, as added

Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 206(a), 98 Stat.

2361, and amended, which related to alcohol abuse and alcoholism

demonstration projects, was renumbered section 506 of act July 1,

1944, by Pub. L. 102-321, title I, Sec. 106(a), July 10, 1992, 106

Stat. 334, and transferred to section 290aa-5 of this title.

-End-

-CITE-

42 USC Sec. 290bb-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-2. Priority substance abuse treatment needs of regional

and national significance

-STATUTE-

(a) Projects

The Secretary shall address priority substance abuse treatment

needs of regional and national significance (as determined under

subsection (b) of this section) 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.

The Secretary may carry out the activities described in this

section directly or through grants or cooperative agreements with

States, political subdivisions of States, Indian tribes and tribal

organizations, other public or nonprofit private entities.

(b) Priority substance abuse treatment needs

(1) In general

Priority substance abuse 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 abuse 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) of this section, 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) of this section 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) of this section 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 abuse

prevention and treatment programs.

(f) Authorization of appropriation

There are authorized to be appropriated to carry out this

section, $300,000,000 for fiscal year 2001 and such sums as may be

necessary for each of the fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 509, as added Pub. L.

102-321, title I, Sec. 108(a), July 10, 1992, 106 Stat. 341;

amended Pub. L. 106-310, div. B, title XXXIII, Sec. 3301(b), Oct.

17, 2000, 114 Stat. 1207.)

-MISC1-

PRIOR PROVISIONS

A prior section 290bb-2, act July 1, 1944, ch. 373, title V, Sec.

513, formerly Sec. 512, formerly Pub. L. 91-616, title V, Sec. 504,

formerly Sec. 503, as added Pub. L. 94-371, Sec. 7, July 26, 1976,

90 Stat. 1039; amended Pub. L. 96-180, Sec. 15, Jan. 2, 1980, 93

Stat. 1305; renumbered Sec. 504 of Pub. L. 91-616 and amended Pub.

L. 97-35, title IX, Sec. 965(a), (c), Aug. 13, 1981, 95 Stat. 594;

Pub. L. 97-414, Sec. 9(e), Jan. 4, 1983, 96 Stat. 2064; renumbered

Sec. 512 of act July 1, 1944, and amended Apr. 26, 1983, Pub. L.

98-24, Sec. 2(b)(9), 97 Stat. 179; renumbered Sec. 513 and amended

Oct. 19, 1984, Pub. L. 98-509, title II, Secs. 206(a), 207(a), 98

Stat. 2361, 2362; Oct. 27, 1986, Pub. L. 99-570, title IV, Sec.

4010(a), 100 Stat. 3207-115; July 22, 1987, Pub. L. 100-77, title

VI, Sec. 613(c), 101 Stat. 524; Nov. 4, 1988, Pub. L. 100-607,

title VIII, Sec. 822, 102 Stat. 3171; Nov. 7, 1988, Pub. L.

100-628, title VI, Sec. 622, 102 Stat. 3244; Nov. 18, 1988, Pub. L.

100-690, title II, Sec. 2056(a), 102 Stat. 4211; Aug. 16, 1989,

Pub. L. 101-93, Sec. 5(t)(1), 103 Stat. 615; Nov. 29, 1990, Pub. L.

101-645, title V, Sec. 522, 104 Stat. 4734, authorized

appropriations to carry out alcohol abuse and alcoholism research,

prior to repeal by Pub. L. 102-321, Sec. 122(d)[(e)].

A prior section 509 of act July 1, 1944, which was classified to

section 290aa-7 of this title, was renumbered section 516 of act

July 1, 1944, by Pub. L. 102-321 and transferred to section

290bb-22 of this title.

AMENDMENTS

2000 - Pub. L. 106-310 amended section catchline and text

generally, substituting provisions relating to priority substance

abuse treatment needs of regional and national significance for

provisions relating to outpatient treatment programs for pregnant

and postpartum women.

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 290bb-2a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-2a. Medical treatment of narcotics addiction; report to

Congress

-STATUTE-

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.

-SOURCE-

(Pub. L. 91-513, title I, Sec. 4, Oct. 27, 1970, 84 Stat. 1241;

Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-COD-

CODIFICATION

Section was not enacted as part of the Public Health Service Act

which comprises this chapter.

Section was formerly classified to section 257a of this title.

-CHANGE-

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 Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

-End-

-CITE-

42 USC Secs. 290bb-3 to 290bb-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Secs. 290bb-3 to 290bb-5. Repealed. Pub. L. 106-310, div. B, title

XXXIII, Sec. 3301(c)(1)-(3), Oct. 17, 2000, 114 Stat. 1209

-MISC1-

Section 290bb-3, act July 1, 1944, ch. 373, title V, Sec. 510, as

added Pub. L. 102-321, title I, Sec. 109, July 10, 1992, 106 Stat.

342, related to demonstration projects of national significance.

A prior section 510 of act July 1, 1944, was classified to

section 290bb of this title, prior to repeal by Pub. L. 102-321,

Sec. 122(b)(1). Prior to repeal, section 510(b) of act July 1,

1944, was renumbered section 464H(b) by Pub. L. 102-321 and

transferred to section 285n(b) of this title.

Another prior section 510 of act July 1, 1944, which was

classified to section 228 of this title, was successively

renumbered by subsequent acts and transferred, see section 238g of

this title.

Section 290bb-4, act July 1, 1944, ch. 373, title V, Sec. 511, as

added Pub. L. 102-321, title I, Sec. 110, July 10, 1992, 106 Stat.

343, related to grants for substance abuse treatment in State and

local criminal justice systems.

A prior section 511 of act July 1, 1944, which was classified to

section 290bb-1 of this title, was renumbered section 464J of act

July 1, 1944, by Pub. L. 102-321 and transferred to section 285n-2

of this title.

Another prior section 511 of act July 1, 1944, which was

classified to section 229 of this title, was successively

renumbered by subsequent acts and transferred, see section 238h of

this title.

Section 290bb-5, act July 1, 1944, ch. 373, title V, Sec. 512, as

added Pub. L. 102-321, title I, Sec. 111, July 10, 1992, 106 Stat.

344, related to training in provision of treatment services.

A prior section 512 of act July 1, 1944, which was classified to

section 290bb-1a of this title, was renumbered section 506 of act

July 1, 1944, by Pub. L. 102-321 and transferred to section 290aa-5

of this title.

Another prior section 512 of act July 1, 1944, was renumbered

section 513 by Pub. L. 98-509 and classified to section 290bb-2 of

this title, prior to repeal by Pub. L. 102-321, Sec. 122(d)[(e)].

Another prior section 512 of act July 1, 1944, which was

classified to section 229a of this title, was successively

renumbered by subsequent acts and transferred, see section 238i of

this title.

-End-

-CITE-

42 USC Sec. 290bb-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-6. Action by Center for Substance Abuse Treatment and

States concerning military facilities

-STATUTE-

(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) of this section, the

Director may reserve space at such facilities to conduct research

or demonstration projects.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 513, formerly Sec. 561, as

added Pub. L. 100-690, title II, Sec. 2081(a), Nov. 18, 1988, 102

Stat. 4215; renumbered Sec. 513 and amended Pub. L. 102-321, title

I, Sec. 112(a), (b)(1), July 10, 1992, 106 Stat. 344, 345.)

-REFTEXT-

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, Pub. L. 100-456, Sept. 29, 1988, 102 Stat.

1918. For complete classification of this Act to the Code, see

Tables.

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, Pub. L. 100-456, div.

B, title XXVIII, Sept. 29, 1988, 102 Stat. 2119, which established

the Commission on Alternative Utilization of Military Facilities

and which was set out as a note under section 2391 of Title 10,

Armed Forces, prior to repeal by Pub. L. 105-261, div. A, title X,

Sec. 1031(b), Oct. 17, 1998, 112 Stat. 2123. The Comprehensive

Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988

is subtitle A of title II of Pub. L. 100-690, Nov. 18, 1988, 102

Stat. 4193, and does not contain a section 3042.

-COD-

CODIFICATION

Section was formerly classified to section 290ff of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 513 of act July 1, 1944, was classified to

section 290bb-2 of this title prior to repeal by Pub. L. 102-321,

title I, Sec. 122(d)[(e)], July 10, 1992, 106 Stat. 360.

Another prior section 513 of act July 1, 1944, which was

classified to section 229b of this title, was successively

renumbered by subsequent acts and transferred, see section 238j of

this title.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-321, Sec. 112(b)(1), substituted

provisions relating to Center for Substance Abuse Treatment for

provisions relating to National Institute on Drug Abuse in heading

and text.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290bb-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-7. Substance abuse treatment services for children and

adolescents

-STATUTE-

(a) In general

The Secretary shall award grants, contracts, or cooperative

agreements to public and private nonprofit entities, including

Native Alaskan entities and Indian tribes and tribal organizations,

for the purpose of providing substance abuse treatment services for

children and adolescents.

(b) Priority

In awarding grants, contracts, or cooperative agreements under

subsection (a) of this section, the Secretary shall give priority

to applicants who propose to -

(1) apply evidenced-based and cost effective methods for the

treatment of substance abuse among children and adolescents;

(2) coordinate the provision of treatment services with other

social service agencies in the community, including educational,

juvenile justice, child welfare, and mental health agencies;

(3) provide a continuum of integrated treatment services,

including case management, for children and adolescents with

substance abuse disorders and their families;

(4) provide treatment that is gender-specific and culturally

appropriate;

(5) involve and work with families of children and adolescents

receiving treatment;

(6) provide aftercare services for children and adolescents and

their families after completion of substance abuse treatment; and

(7) address the relationship between substance abuse and

violence.

(c) Duration of grants

The Secretary shall award grants, contracts, or cooperative

agreements under subsection (a) of this section for periods not to

exceed 5 fiscal years.

(d) Application

An entity desiring a grant, contract, or cooperative agreement

under subsection (a) of this section 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) of this section 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, $40,000,000 for fiscal year 2001, and such sums as may be

necessary for fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 514, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3104(a), Oct. 17, 2000, 114 Stat.

1171.)

-COD-

CODIFICATION

Another section 514 of act July 1, 1944, is classified to section

290bb-9 of this title.

-End-

-CITE-

42 USC Sec. 290bb-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-8. Early intervention services for children and

adolescents

-STATUTE-

(a) In general

The Secretary shall award grants, contracts, or cooperative

agreements to public and private nonprofit entities, including

local educational agencies (as defined in section 8801 of title

20),(!1) for the purpose of providing early intervention substance

abuse services for children and adolescents.

(b) Priority

In awarding grants, contracts, or cooperative agreements under

subsection (a) of this section, the Secretary shall give priority

to applicants who demonstrate an ability to -

(1) screen for and assess substance use and abuse by children

and adolescents;

(2) make appropriate referrals for children and adolescents who

are in need of treatment for substance abuse;

(3) provide early intervention services, including counseling

and ancillary services, that are designed to meet the

developmental needs of children and adolescents who are at risk

for substance abuse; and

(4) develop networks with the educational, juvenile justice,

social services, and other agencies and organizations in the

State or local community involved that will work to identify

children and adolescents who are in need of substance abuse

treatment services.

(c) Condition

In awarding grants, contracts, or cooperative agreements under

subsection (a) of this section, the Secretary shall ensure that

such grants, contracts, or cooperative agreements are allocated,

subject to the availability of qualified applicants, among the

principal geographic regions of the United States, to Indian tribes

and tribal organizations, and to urban and rural areas.

(d) Duration of grants

The Secretary shall award grants, contracts, or cooperative

agreements under subsection (a) of this section for periods not to

exceed 5 fiscal years.

(e) Application

An entity desiring a grant, contract, or cooperative agreement

under subsection (a) of this section shall submit an application to

the Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require.

(f) Evaluation

An entity that receives a grant, contract, or cooperative

agreement under subsection (a) of this section 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.

(g) Authorization of appropriations

There are authorized to be appropriated to carry out this

section, $20,000,000 for fiscal year 2001, and such sums as may be

necessary for fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 514A, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3104(a), Oct. 17, 2000, 114 Stat.

1172.)

-REFTEXT-

REFERENCES IN TEXT

Section 8801 of title 20, referred to in subsec. (a), was

repealed by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan. 8,

2002, 115 Stat. 1986. See section 7801 of Title 20, Education.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290bb-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 1 - center for substance abuse treatment

-HEAD-

Sec. 290bb-9. Methamphetamine and amphetamine treatment initiative

-STATUTE-

(a) Grants

(1) Authority to make grants

The Director of the Center for Substance Abuse Treatment may

make grants to States and Indian tribes recognized by the United

States that have a high rate, or have had a rapid increase, in

methamphetamine or amphetamine abuse or addiction in order to

permit such States and Indian tribes to expand activities in

connection with the treatment of methamphetamine or amphetamine

abuser or addiction in the specific geographical areas of such

States or Indian tribes, as the case may be, where there is such

a rate or has been such an increase.

(2) Recipients

Any grants under paragraph (1) shall be directed to the

substance abuse directors of the States, and of the appropriate

tribal government authorities of the Indian tribes, selected by

the Director to receive such grants.

(3) Nature of activities

Any activities under a grant under paragraph (1) shall be based

on reliable scientific evidence of their efficacy in the

treatment of methamphetamine or amphetamine abuse or addiction.

(b) Geographic distribution

The Director shall ensure that grants under subsection (a) of

this section are distributed equitably among the various regions of

the country and among rural, urban, and suburban areas that are

affected by methamphetamine or amphetamine abuse or addiction.

(c) Additional activities

The Director shall -

(1) evaluate the activities supported by grants under

subsection (a) of this section;

(2) disseminate widely such significant information derived

from the evaluation as the Director considers appropriate to

assist States, Indian tribes, and private providers of treatment

services for methamphetamine or amphetamine abuser or addiction

in the treatment of methamphetamine or amphetamine abuse or

addiction; and

(3) provide States, Indian tribes, and such providers with

technical assistance in connection with the provision of such

treatment.

(d) Authorization of appropriations

(1) In general

There are authorized to be appropriated to carry out this

section $10,000,000 for fiscal year 2000 and such sums as may be

necessary for each of fiscal years 2001 and 2002.

(2) Use of certain funds

Of the funds appropriated to carry out this section in any

fiscal year, the lesser of 5 percent of such funds or $1,000,000

shall be available to the Director for purposes of carrying out

subsection (c) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 514, as added Pub. L.

106-310, div. B, title XXXVI, Sec. 3632, Oct. 17, 2000, 114 Stat.

1236.)

-COD-

CODIFICATION

Another section 514 of act July 1, 1944, is classified to section

290bb-7 of this title.

-End-

-CITE-

42 USC subpart 2 - center for substance abuse prevention 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

SUBPART 2 - CENTER FOR SUBSTANCE ABUSE PREVENTION

-End-

-CITE-

42 USC Sec. 290bb-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-21. Office for Substance Abuse Prevention

-STATUTE-

(a) Establishment; Director

There is established in the Administration an Office for

Substance Abuse Prevention (hereafter referred to in this part as

the "Prevention Center"). The Office (!1) 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;

(2) coordinate the findings of research sponsored by agencies

of the Service on the prevention of drug and alcohol abuse;

(3) develop effective drug and alcohol abuse prevention

literature (including literature on the adverse effects of

cocaine free base (known as "crack"));

(4) in cooperation with the Secretary of Education, assure the

widespread dissemination of prevention materials among States,

political subdivisions, and school systems;

(5) support clinical training programs for substance abuse

counselors and other health professionals involved in drug abuse

education, prevention,; (!2)

(6) in cooperation with the Director of the Centers for Disease

Control and Prevention, develop educational materials to reduce

the risks of acquired immune deficiency syndrome among

intravenous drug abusers;

(7) conduct training, technical assistance, data collection,

and evaluation activities of programs supported under the Drug

Free Schools and Communities Act of 1986;

(8) support the development of model, innovative,

community-based programs to discourage alcohol and drug abuse

among young people;

(9) collaborate with the Attorney General of the Department of

Justice to develop programs to prevent drug abuse among high risk

youth;

(10) 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; and

(11) 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.

(c) Grants, contracts and cooperative agreements

The Director may make grants and enter into contracts and

cooperative agreements in carrying out subsection (b) of this

section.

(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.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 515, formerly Sec. 508, as

added Pub. L. 99-570, title IV, Sec. 4005(a), Oct. 27, 1986, 100

Stat. 3207-111; amended Pub. L. 100-690, title II, Sec.

2051(a)-(c), Nov. 18, 1988, 102 Stat. 4206; Pub. L. 101-93, Sec.

3(a), Aug. 16, 1989, 103 Stat. 609; Pub. L. 101-647, title XIX,

Sec. 1906, Nov. 29, 1990, 104 Stat. 4854; renumbered Sec. 515 and

amended Pub. L. 102-321, title I, Sec. 113(b)-(e), July 10, 1992,

106 Stat. 345; Pub. L. 102-531, title III, Sec. 312(d)(10), Oct.

27, 1992, 106 Stat. 3505; Pub. L. 106-310, div. B, title XXXI, Sec.

3112(b), Oct. 17, 2000, 114 Stat. 1188.)

-REFTEXT-

REFERENCES IN TEXT

The Drug-Free Schools and Communities Act of 1986, referred to in

subsec. (b)(7), means title V of Pub. L. 89-10 as added by Pub. L.

100-297, title I, Sec. 1001, Apr. 28, 1988, 102 Stat. 252, which

was classified generally to subchapter V (Sec. 3171 et seq.) of

chapter 47 of Title 20, Education, prior to the general amendment

of Pub. L. 89-10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20,

1994, 108 Stat. 3519. For provisions relating to safe and drug-free

schools and communities, see section 7101 et seq. of Title 20.

-COD-

CODIFICATION

Section was formerly classified to section 290aa-6 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 515 of act July 1, 1944, was classified to

section 290cc of this title, prior to repeal by Pub. L. 102-321,

title I, Sec. 123(c), July 10, 1992, 106 Stat. 363.

Another prior section 515 of act July 1, 1944, which was

classified to section 229d of this title, was successively

renumbered by subsequent acts and transferred, see section 238l of

this title.

AMENDMENTS

2000 - Subsec. (b)(9). Pub. L. 106-310, Sec. 3112(b)(2), added

par. (9). Former par. (9) redesignated (10).

Subsec. (b)(10). Pub. L. 106-310, Sec. 3112(b)(1), (3),

redesignated par. (9) as (10) and substituted "educate the public,

especially adolescent audiences, concerning" for "educate the

public concerning". Former par. (10) redesignated (11).

Subsec. (b)(11). Pub. L. 106-310, Sec. 3112(b)(1), redesignated

par. (10) as (11).

1992 - Subsec. (a). Pub. L. 102-321, Sec. 113(e)(1), substituted

"(hereafter referred to in this part as the 'Prevention Center')"

for "(hereafter in this part referred to as the 'Office')".

Subsec. (b). Pub. L. 102-321, Sec. 113(e)(2), substituted

"Prevention Center" for "Office" in introductory provisions.

Subsec. (b)(5). Pub. L. 102-321, Sec. 113(c)(1), struck out "and

intervention" after "prevention,".

Subsec. (b)(6). Pub. L. 102-531, which directed the amendment of

"section 508(b)(6) (42 U.S.C. 290aa-6(b)(6))" of act July 1, 1944,

by substituting "Centers for Disease Control and Prevention" for

"Centers for Disease Control", was executed to subsec. (b)(6) of

this section to reflect the probable intent of Congress and the

intervening renumbering of section 508 of act July 1, 1944, as

section 515 of that act by Pub. L. 102-321, Sec. 113(b)(2).

Subsec. (b)(9). Pub. L. 102-321, Sec. 113(c)(4), inserted "and"

after semicolon at end.

Subsec. (b)(10) to (12). Pub. L. 102-321, Sec. 113(c)(2)-(4),

redesignated par. (12) as (10) and struck out former pars. (10) and

(11) which read as follows:

"(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). Pub. L. 102-321, Sec. 113(d), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

"(1) For the purpose of carrying out this section and sections

290aa-7, 290aa-8, and 290aa-13 of this title, there are authorized

to be appropriated $95,000,000 for fiscal year 1989 and such sums

as may be necessary for each of the fiscal years 1990 and 1991.

"(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). Pub. L. 101-647 added par. (12).

1989 - Subsec. (b)(11)(B). Pub. L. 101-93, Sec. 3(a)(2),

substituted "subparagraph (A)" for "subparagraph (a)".

Subsec. (d)(1). Pub. L. 101-93, Sec. 3(a)(1), inserted a comma

after "290aa-13 of this title".

1988 - Subsec. (b)(5). Pub. L. 100-690, Sec. 2051(b)(1), amended

par. (5) generally. Prior to amendment, par. (5) read as follows:

"support programs of clinical training of substance abuse

counselors and other health professionals;".

Subsec. (b)(10). Pub. L. 100-690, Sec. 2051(b)(2) added par.

(10).

Subsec. (b)(11). Pub. L. 100-690, Sec. 2051(c), added par. (11).

Subsec. (d). Pub. L. 100-690, Sec. 2051(a), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: "Of the

amounts available under the second sentence of section 300y(a) of

this title to carry out this section and section 290aa-8 of this

title, $20,000,000 shall be available to carry out section 290aa-8

of this title."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 300x-35 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Prevention Center".

(!2) So in original. Probably should be "education and

prevention;".

-End-

-CITE-

42 USC Sec. 290bb-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-22. Priority substance abuse prevention needs of

regional and national significance

-STATUTE-

(a) Projects

The Secretary shall address priority substance abuse prevention

needs of regional and national significance (as determined under

subsection (b) of this section) 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.

The Secretary may carry out the activities described in this

section directly or through grants or cooperative agreements with

States, political subdivisions of States, Indian tribes and tribal

organizations, or other public or nonprofit private entities.

(b) Priority substance abuse prevention needs

(1) In general

Priority substance abuse 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; and

(B) promoting the integration of substance abuse prevention

information and activities 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) of this section, 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) of this section 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) of this section 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 abuse prevention and treatment programs.

(f) Authorization of appropriation

There are authorized to be appropriated to carry out this

section, $300,000,000 for fiscal year 2001, and such sums as may be

necessary for each of the fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 516, formerly Sec. 509, as

added Pub. L. 99-570, title IV, Sec. 4005(a), Oct. 27, 1986, 100

Stat. 3207-112; renumbered Sec. 516 and amended Pub. L. 102-321,

title I, Sec. 113(f), July 10, 1992, 106 Stat. 345; Pub. L.

106-310, div. B, title XXXIII, Sec. 3302(a), Oct. 17, 2000, 114

Stat. 1209.)

-COD-

CODIFICATION

Section was formerly classified to section 290aa-7 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 516 of act July 1, 1944, was classified to

section 290cc-1 of this title, prior to repeal by Pub. L. 102-321,

title I, Sec. 123(c), July 10, 1992, 106 Stat. 363.

AMENDMENTS

2000 - Pub. L. 106-310 amended section catchline and text

generally, substituting provisions relating to priority substance

abuse prevention needs of regional and national significance for

provisions relating to community programs.

1992 - Pub. L. 102-321, Sec. 113(f)(4), amended section

generally, substituting provisions relating to community programs

for provisions relating to alcohol and drug abuse information

clearinghouse.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-End-

-CITE-

42 USC Sec. 290bb-23 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-23. Prevention, treatment, and rehabilitation model

projects for high risk youth

-STATUTE-

(a) Grants to public and nonprofit private entities

The Secretary, through the Director of the Prevention Center,

shall make grants to public and nonprofit private entities for

projects to demonstrate effective models for the prevention,

treatment, and rehabilitation of drug abuse and alcohol abuse among

high risk youth.

(b) Priority of projects

(1) In making grants for drug abuse and alcohol abuse prevention

projects under this section, the Secretary shall give priority to

applications for projects directed at children of substance

abusers, latchkey children, children at risk of abuse or neglect,

preschool children eligible for services under the Head Start Act

[42 U.S.C. 9831 et seq.], children at risk of dropping out of

school, children at risk of becoming adolescent parents, and

children who do not attend school and who are at risk of being

unemployed.

(2) In making grants for drug abuse and alcohol abuse treatment

and rehabilitation projects under this section, the Secretary shall

give priority to projects which address the relationship between

drug abuse or alcohol abuse and physical child abuse, sexual child

abuse, emotional child abuse, dropping out of school, unemployment,

delinquency, pregnancy, violence, suicide, or mental health

problems.

(3) In making grants under this section, the Secretary shall give

priority to applications from community based organizations for

projects to develop innovative models with multiple, coordinated

services for the prevention or for the treatment and rehabilitation

of drug abuse or alcohol abuse by high risk youth.

(4) In making grants under this section, the Secretary shall give

priority to applications for projects to demonstrate effective

models with multiple, coordinated services which may be replicated

and which are for the prevention or for the treatment and

rehabilitation of drug abuse or alcohol abuse by high risk youth.

(5) In making grants under this section, the Secretary shall give

priority to applications that employ research designs adequate for

evaluating the effectiveness of the program.

(c) Strategies for reducing use

The Secretary shall ensure that projects under subsection (a) of

this section include strategies for reducing the use of alcoholic

beverages and tobacco products by individuals to whom it is

unlawful to sell or distribute such beverages or products.

(d) Regionally equal distribution of grants

To the extent feasible, the Secretary shall make grants under

this section in all regions of the United States, and shall ensure

the distribution of grants under this section among urban and rural

areas.

(e) Application for grants

In order to receive a grant for a project under this section for

a fiscal year, a public or nonprofit private entity shall submit an

application to the Secretary, acting through the Office.(!1) The

Secretary may provide to the Governor of the State the opportunity

to review and comment on such application. Such application shall

be in such form, shall contain such information, and shall be

submitted at such time as the Secretary may by regulation

prescribe.

(f) Evaluation of projects

The Director of the Office (!1) shall evaluate projects conducted

with grants under this section.

(g) "High risk youth" defined

For purposes of this section, the term "high risk youth" means an

individual who has not attained the age of 21 years, who is at high

risk of becoming, or who has become, a drug abuser or an alcohol

abuser, and who -

(1) is identified as a child of a substance abuser;

(2) is a victim of physical, sexual, or psychological abuse;

(3) has dropped out of school;

(4) has become pregnant;

(5) is economically disadvantaged;

(6) has committed a violent or delinquent act;

(7) has experienced mental health problems;

(8) has attempted suicide;

(9) has experienced long-term physical pain due to injury; or

(10) has experienced chronic failure in school.

(h) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary for

each of the fiscal years 2001 through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 517, formerly Sec. 509A, as

added Pub. L. 99-570, title IV, Sec. 4005(a), Oct. 27, 1986, 100

Stat. 3207-113; amended Pub. L. 100-690, title II, Sec. 2051(d),

Nov. 18, 1988, 102 Stat. 4206; renumbered Sec. 517 and amended Pub.

L. 102-321, title I, Sec. 114, July 10, 1992, 106 Stat. 346; Pub.

L. 106-310, div. B, title XXXI, Sec. 3103, Oct. 17, 2000, 114 Stat.

1171.)

-REFTEXT-

REFERENCES IN TEXT

The Head Start Act, referred to in subsec. (b)(1), is subchapter

B (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L.

97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified

generally to subchapter II (Sec. 9831 et seq.) of chapter 105 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 9801 of this title and

Tables.

-COD-

CODIFICATION

Section was formerly classified to section 290aa-8 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

PRIOR PROVISIONS

A prior section 517 of act July 1, 1944, was classified to

section 290cc-2 of this title, prior to repeal by Pub. L. 102-321,

title I, Sec. 123(c), July 10, 1992, 106 Stat. 363.

AMENDMENTS

2000 - Subsec. (h). Pub. L. 106-310 substituted "such sums as may

be necessary for each of the fiscal years 2001 through 2003" for

"$70,000,000 for fiscal year 1993, and such sums as may be

necessary for fiscal year 1994".

1992 - Subsec. (a). Pub. L. 102-321, Sec. 114(d), substituted

"Prevention Center" for "Office".

Subsecs. (c) to (g). Pub. L. 102-321, Sec. 114(b), added subsec.

(c) and redesignated former subsecs. (c) through (f) as (d) through

(g), respectively.

Subsec. (h). Pub. L. 102-321, Sec. 114(c), added subsec. (h).

1988 - Subsec. (b)(5). Pub. L. 100-690, Sec. 2051(d)(1), added

par. (5).

Subsec. (f)(9). Pub. L. 100-690, Sec. 2051(d)(2)(B), amended par.

(9) generally, substituting "has experienced long-term physical

pain due to injury; or" for "is disabled by injuries."

Subsec. (f)(10). Pub. L. 100-690, Sec. 2051(d)(2)(C), added par.

(10).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "Prevention Center".

-End-

-CITE-

42 USC Sec. 290bb-24 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-24. Repealed. Pub. L. 106-310, div. B, title XXXIII,

Sec. 3302(b), Oct. 17, 2000, 114 Stat. 1210

-MISC1-

Section, act July 1, 1944, ch. 373, title V, Sec. 518, as added

Pub. L. 102-321, title I, Sec. 171, July 10, 1992, 106 Stat. 377,

related to employee assistance programs.

A prior section 518 of act July 1, 1944, was classified to

section 290cc-11 of this title, prior to repeal by Pub. L. 102-321,

Sec. 120(b)(3).

-End-

-CITE-

42 USC Sec. 290bb-25 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-25. Grants for services for children of substance

abusers

-STATUTE-

(a) Establishment

(1) In general

The Secretary, acting through the Administrator of the

Substance Abuse and Mental Health Services Administration, 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) of

this section to children of substance abusers;

(B) to provide the applicable services described in

subsection (c) of this section 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 Administrator of the Administration for Children, Youth,

and Families and the Administrator 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 [42 U.S.C. 1396 et seq.] for

the State involved -

(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 [42 U.S.C. 1396 et seq., 1397aa

et seq.].

(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) of this

section 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

[42 U.S.C. 9831 et seq.];

(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 H (!1) 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) of this

section 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) of this section 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) of this section.

(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) of this section.

(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) of this

section 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)

of this section 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) of this

section 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) of this

section 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 (!3) of the

Individuals with Disabilities Education Act; and; (!4)

(3) such other information as the Secretary determines to be

appropriate.

(i) Reports to Secretary

The Secretary may make a grant under subsection (a) of this

section 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) of this

section 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) of this

section; 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) of

this section -

(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 (!5) (o) of this section, 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.

analyzed by the type of entity described in subsection (e) of

this section 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 [43 U.S.C. 1601 et

seq.]), that is recognized as eligible for the special programs

and services provided by the United States to Indians because of

their status as Indians.

(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.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519, formerly title III, Sec.

399D, as added Pub. L. 102-321, title IV, Sec. 401(a), July 10,

1992, 106 Stat. 419; renumbered Sec. 399A, renumbered title V, Sec.

519, and amended Pub. L. 106-310, div. A, title V, Sec. 502(1),

div. B, title XXXI, Sec. 3106(a)-(m), Oct. 17, 2000, 114 Stat.

1115, 1175-1179.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(3)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and

XXI of the Act are classified generally to subchapters XIX (Sec.

1396 et seq.) and XXI (Sec. 1397aa et seq.), respectively, of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

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 Pub. L. 106-310, div. B, title XXXI, Sec. 3106(a)(3)(B)(i), (C),

Oct. 17, 2000, 114 Stat. 1176.

The Head Start Act, referred to in subsec. (b)(7)(B), is

subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended, which is

classified generally to subchapter II (Sec. 9831 et seq.) of

chapter 105 of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 9801 of

this title and Tables.

The Individuals with Disabilities Education Act, referred to in

subsecs. (b)(8) and (h)(2), is title VI of Pub. L. 91-230, Apr. 13,

1970, 84 Stat. 175, as amended. Part H of the Act was classified

generally to subchapter VIII (Sec. 1471 et seq.) of chapter 33 of

Title 20, Education, prior to repeal by Pub. L. 105-17, title II,

Sec. 203(b), June 4, 1997, 111 Stat. 157, effective July 1, 1998.

For complete classification of this Act to the Code, see section

1400 of Title 20 and Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(n)(3), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 280d of this title.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-310, Sec. 3106(a)-(m), which directed numerous

amendments to section 399D of the Public Health Service Act and the

subsequent renumbering of that section as section 519 of title V of

the Act, was executed by amending this section and renumbering this

section as section 519 of title V, to reflect the probable intent

of Congress, notwithstanding the intervening renumbering of this

section as section 399A of the Act by section 502(1) of Pub. L.

106-310. See source credit above and notes below.

Subsec. (a)(1). Pub. L. 106-310, Sec. 3106(a)(1)(A), substituted

"Administrator of the Substance Abuse and Mental Health Services

Administration" for "Administrator of the Health Resources and

Services Administration" in introductory provisions.

Subsec. (a)(1)(B). Pub. L. 106-310, Sec. 3106(a)(2)(A), struck

out "and" at end.

Subsec. (a)(1)(C). Pub. L. 106-310, Sec. 3106(a)(2)(B),

substituted "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" for period at end.

Subsec. (a)(1)(D). Pub. L. 106-310, Sec. 3106(a)(2)(C), added

subpar. (D).

Subsec. (a)(2). Pub. L. 106-310, Sec. 3106(a)(1)(B), substituted

"Administrator of the Health Resources and Services Administration"

for "Administrator of the Substance Abuse and Mental Health

Services Administration".

Subsec. (a)(3)(A). Pub. L. 106-310, Sec. 3106(a)(3), redesignated

cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i)

and added cl. (ii).

Subsec. (b). Pub. L. 106-310, Sec. 3106(b)(3), inserted

concluding provisions.

Subsec. (b)(1). Pub. L. 106-310, Sec. 3106(b)(1), inserted

"alcohol and drug," after "psychological,".

Subsec. (b)(5). Pub. L. 106-310, Sec. 3106(b)(2), added par. (5)

and struck out former par. (5) relating to preventive counseling

services.

Subsec. (c)(1). Pub. L. 106-310, Sec. 3106(c)(1)(A), inserted ",

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" before colon in introductory

provisions.

Subsec. (c)(1)(D), (E). Pub. L. 106-310, Sec. 3106(c)(1)(B),

added subpars. (D) and (E).

Subsec. (c)(2)(A). Pub. L. 106-310, Sec. 3106(c)(2)(A), added

subpar. (A) and struck out former subpar. (A) relating to

encouragement to participate in and referrals to appropriate

substance abuse treatment.

Subsec. (c)(2)(C). Pub. L. 106-310, Sec. 3106(c)(2)(B), which

directed substitution of "and counseling on the human

immunodeficiency virus and acquired immune deficiency syndrome" for

", including educational and career planning", was executed by

making the substitution for ", including education and career

planning" to reflect the probable intent of Congress.

Subsec. (c)(2)(D). Pub. L. 106-310, Sec. 3106(c)(2)(C), struck

out "conflict and" before "violence".

Subsec. (c)(2)(E). Pub. L. 106-310, Sec. 3106(c)(2)(D),

substituted "Career planning and education services" for "Remedial

education services".

Subsec. (c)(3)(D). Pub. L. 106-310, Sec. 3106(c)(3), inserted

"which include child abuse and neglect prevention techniques"

before period at end.

Subsec. (d). Pub. L. 106-310, Sec. 3106(l)(3), (4), added subsec.

(d) and redesignated former subsec. (d) as (e).

Pub. L. 106-310, Sec. 3106(d)(1), substituted "Eligible entities"

for "Considerations in making grants" in heading and "The Secretary

shall distribute the grants through the following types of

entities:" for "In making grants under subsection (a) of this

section, the Secretary shall ensure that the grants are reasonably

distributed among the following types of entities:" in introductory

provisions.

Subsec. (d)(1). Pub. L. 106-310, Sec. 3106(d)(2), substituted

"drug early intervention, prevention or treatment programs" for

"drug treatment programs".

Subsec. (d)(2)(A). Pub. L. 106-310, Sec. 3106(d)(3)(A),

substituted "; or" for "; and".

Subsec. (d)(2)(B). Pub. L. 106-310, Sec. 3106(d)(3)(B), inserted

"or pediatric health or mental health providers and family mental

health providers" before period at end.

Subsec. (e). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 106-310, Sec. 3106(l)(1), (3), redesignated

subsec. (e) as (f) and struck out former subsec. (f) relating to

coordination with other providers.

Subsec. (h)(2). Pub. L. 106-310, Sec. 3106(e)(1), inserted

"including maternal and child health" before "mental health",

struck out "treatment programs" after "substance abuse", and

substituted ", the State agency responsible for administering

alcohol and drug programs, the State lead agency, and the State

Interagency Coordinating Council under part H of the Individuals

with Disabilities Education Act; and" for "and the State agency

responsible for administering public maternal and child health

services".

Subsec. (h)(3), (4). Pub. L. 106-310, Sec. 3106(e)(2),

redesignated par. (4) as (3) and struck out former par. (3)

relating to requirement to submit to Secretary information

demonstrating that the applicant has established a collaborative

relationship with child welfare agencies and child protective

services.

Subsec. (i)(6)(B). Pub. L. 106-310, Sec. 3106(f)(1), inserted

"and" at end.

Subsec. (i)(6)(C). Pub. L. 106-310, Sec. 3106(f)(2), added

subpar. (C) and struck out former subpar. (C) relating to the

number of children served who were placed in out-of-home care

during the period in which entities provided services under

section.

Subsec. (i)(6)(D), (E). Pub. L. 106-310, Sec. 3106(f)(2), struck

out subpars. (D) and (E) relating to the number of children

described in subparagraph (C) who were reunited with their families

and the number of children described in subparagraph (C) for whom a

permanent plan has not been made or for whom the permanent plan is

other than family reunification, respectively.

Subsec. (k). Pub. L. 106-310, Sec. 3106(l)(2), (3), redesignated

subsec. (l) as (k) and struck out former subsec. (k) relating to

peer review.

Subsec. (k)(2). Pub. L. 106-310, Sec. 3106(l)(5), which directed

amendment of subsec. (k)(2) of this section by substituting "(i)"

for "(h)", could not be executed because "(h)" does not appear in

subsec. (k)(2).

Subsec. (l). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (m) as (l). Former subsec. (l) redesignated (k).

Subsec. (l)(3). Pub. L. 106-310, Sec. 3106(l)(6), which directed

substitution of "(e)" for "(d)" in subsec. (m)(3)(E), was executed

by making the substitution in concluding provisions of subsec.

(l)(3) to reflect the probable intent of Congress and the amendment

by Pub. L. 106-310, Sec. 3106(l)(3). See above.

Pub. L. 106-310, Sec. 3106(g)(1), inserted "and" at end.

Subsec. (l)(4). Pub. L. 106-310, Sec. 3106(g)(2), substituted ",

including increased participation in work or employment-related

activities and decreased participation in welfare programs." for

semicolon at end.

Subsec. (l)(5), (6). Pub. L. 106-310, Sec. 3106(g)(3), struck out

pars. (5) and (6) relating to reducing the incidence of out-of-home

placement for children whose parents receive services under the

program and facilitating the reunification of families after

children have been placed in out-of-home care, respectively.

Subsec. (m). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (n) as (m). Former subsec. (m) redesignated (l).

Subsec. (m)(2). Pub. L. 106-310, Sec. 3106(h)(1), inserted "and"

at end.

Subsec. (m)(3)(A). Pub. L. 106-310, Sec. 3106(h)(2)(A), inserted

"and" at end.

Subsec. (m)(3)(B). Pub. L. 106-310, Sec. 3106(h)(2)(B),

substituted period for semicolon at end.

Subsec. (m)(3)(C) to (E). Pub. L. 106-310, Sec. 3106(h)(2)(C),

struck out subpars. (C) to (E) relating to the number of children

served who were placed in out-of-home care during the period in

which entities provided services under this section, the number of

children described in subparagraph (C) who were reunited with their

families, and the number of children described in subparagraph (C)

who were permanently placed in out-of-home care, respectively.

Subsec. (m)(4). Pub. L. 106-310, Sec. 3106(h)(3), struck out par.

(4) relating to an analysis of the access provided to, and use of,

related services and alcohol and drug treatment through programs

carried out under this section.

Subsec. (m)(5). Pub. L. 106-310, Sec. 3106(l)(6), which directed

amendment of subsec. (m)(5) by substituting "(e)" for "(d)", could

not be executed because subsec. (m) did not contain a par. (5) or a

reference to "(d)" subsequent to the amendments by Pub. L. 106-310,

Sec. 3106(h)(3), (l)(3). See notes above and below.

Pub. L. 106-310, Sec. 3106(h)(3), struck out par. (5) relating to

a comparison of the costs of providing services through each of the

types of entities described in subsection (d) of this section.

Subsec. (n). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (o) as (n). Former subsec. (n) redesignated (m).

Pub. L. 106-310, Sec. 3106(i), inserted at end "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."

Subsec. (o). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (p) as (o). Former subsec. (o) redesignated (n).

Subsec. (o)(2)(B). Pub. L. 106-310, Sec. 3106(j), struck out

"dangerous" before "drugs".

Subsec. (p). Pub. L. 106-310, Sec. 3106(l)(3), redesignated

subsec. (p) as (o).

Pub. L. 106-310, Sec. 3106(k), amended heading and text of

subsec. (p) generally, substituting provisions relating to

authorization of appropriations for provisions relating to funding

for carrying out section.

-CHANGE-

CHANGE OF NAME

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 Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

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 Pub. L. 102-321, set out as an Effective

Date of 1992 Amendment note under section 236 of this title.

CONSTRUCTION

Section 401(b) of Pub. L. 102-321 provided that: "With respect to

the program established in section 399D [now 519] of the Public

Health Service Act [this section] (as added by subsection (a) of

this section), nothing in such section 399D may be construed as

establishing for any other Federal program any requirement,

authority, or prohibition, including with respect to recipients of

funds under such other Federal programs."

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 Pub. L. 104-299,

set out as a note under section 254b of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by a comma.

(!3) See References in Text note below.

(!4) So in original. The semicolon probably should not appear

after "and".

(!5) So in original. Probably should be "subsection".

(!6) So in original. The semicolon probably should be a period.

-End-

-CITE-

42 USC Sec. 290bb-25a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-25a. Grants for strengthening families

-STATUTE-

(a) Program authorized

The Secretary, acting through the Director of the Prevention

Center, may make grants to public and nonprofit private entities to

develop and implement model substance abuse prevention programs to

provide early intervention and substance abuse prevention services

for individuals of high-risk families and the communities in which

such individuals reside.

(b) Priority

In awarding grants under subsection (a) of this section, the

Secretary shall give priority to applicants that -

(1) have proven experience in preventing substance abuse by

individuals of high-risk families and reducing substance abuse in

communities of such individuals;

(2) have demonstrated the capacity to implement community-based

partnership initiatives that are sensitive to the diverse

backgrounds of individuals of high-risk families and the

communities of such individuals;

(3) have experience in providing technical assistance to

support substance abuse prevention programs that are

community-based;

(4) have demonstrated the capacity to implement research-based

substance abuse prevention strategies; and

(5) have implemented programs that involve families, residents,

community agencies, and institutions in the implementation and

design of such programs.

(c) Duration of grants

The Secretary shall award grants under subsection (a) of this

section for a period not to exceed 5 years.

(d) Use of funds

An applicant that is awarded a grant under subsection (a) of this

section shall -

(1) in the first fiscal year that such funds are received under

the grant, use such funds to develop a model substance abuse

prevention program; and

(2) in the fiscal year following the first fiscal year that

such funds are received, use such funds to implement the program

developed under paragraph (1) to provide early intervention and

substance abuse prevention services to -

(A) strengthen the environment of children of high risk

families by targeting interventions at the families of such

children and the communities in which such children reside;

(B) strengthen protective factors, such as -

(i) positive adult role models;

(ii) messages that oppose substance abuse;

(iii) community actions designed to reduce accessibility to

and use of illegal substances; and

(iv) willingness of individuals of families in which

substance abuse occurs to seek treatment for substance abuse;

(C) reduce family and community risks, such as family

violence, alcohol or drug abuse, crime, and other behaviors

that may effect healthy child development and increase the

likelihood of substance abuse; and

(D) build collaborative and formal partnerships between

community agencies, institutions, and businesses to ensure that

comprehensive high quality services are provided, such as early

childhood education, health care, family support programs,

parent education programs, and home visits for infants.

(e) Application

To be eligible to receive a grant under subsection (a) of this

section, an applicant shall prepare and submit to the Secretary an

application that -

(1) describes a model substance abuse prevention program that

such applicant will establish;

(2) describes the manner in which the services described in

subsection (d)(2) of this section will be provided; and

(3) describe (!1) in as much detail as possible the results

that the entity expects to achieve in implementing such a

program.

(f) Matching funding

The Secretary may not make a grant to a (!2) entity under

subsection (a) of this section unless that entity agrees that, with

respect to the costs to be incurred by the entity in carrying out

the program for which the grant was awarded, the entity will make

available non-Federal contributions in an amount that is not less

than 40 percent of the amount provided under the grant.

(g) Report to Secretary

An applicant that is awarded a grant under subsection (a) of this

section shall prepare and submit to the Secretary a report in such

form and containing such information as the Secretary may require,

including an assessment of the efficacy of the model substance

abuse prevention program implemented by the applicant and the

short, intermediate, and long term results of such program.

(h) Evaluations

The Secretary shall conduct evaluations, based in part on the

reports submitted under subsection (g) of this section, to

determine the effectiveness of the programs funded under subsection

(a) of this section in reducing substance use in high-risk families

and in making communities in which such families reside in

stronger. The Secretary shall submit such evaluations to the

appropriate committees of Congress.

(i) High-risk families

In this section, the term "high-risk family" means a family in

which the individuals of such family are at a significant risk of

using or abusing alcohol or any illegal substance.

(j) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$3,000,000 for fiscal year 2001, and such sums as may be necessary

for each of the fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519A, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3108, Oct. 17, 2000, 114 Stat.

1180.)

-FOOTNOTE-

(!1) So in original. Probably should be "describes".

(!2) So in original. Probably should be "an".

-End-

-CITE-

42 USC Sec. 290bb-25b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-25b. Programs to reduce underage drinking

-STATUTE-

(a) In general

The Secretary shall make awards of grants, cooperative

agreements, or contracts to public and nonprofit private entities,

including Indian tribes and tribal organizations, to enable such

entities to develop plans for and to carry out school-based

(including institutions of higher education) and community-based

programs for the prevention of alcoholic-beverage consumption by

individuals who have not attained the legal drinking age.

(b) Eligibility requirements

To be eligible to receive an award under subsection (a) of this

section, an entity shall provide any assurances to the Secretary

which the Secretary may require, including that the entity will -

(1) annually report to the Secretary on the effectiveness of

the prevention approaches implemented by the entity;

(2) use science based and age appropriate approaches; and

(3) involve local public health officials and community

prevention program staff in the planning and implementation of

the program.

(c) Evaluation

The Secretary shall evaluate each project under subsection (a) of

this section and shall disseminate the findings with respect to

each such evaluation to appropriate public and private entities.

(d) Geographical distribution

The Secretary shall ensure that awards will be distributed

equitably among the regions of the country and among urban and

rural areas.

(e) Duration of award

With respect to an award under subsection (a) of this section,

the period during which payments under such award are made to the

recipient may not exceed 5 years. The preceding sentence may not be

construed as establishing a limitation on the number of awards

under such subsection that may be made to the recipient.

(f) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $25,000,000 for fiscal year 2001, and

such sums as may be necessary for each of the fiscal years 2002 and

2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519B, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3109, Oct. 17, 2000, 114 Stat.

1182.)

-End-

-CITE-

42 USC Sec. 290bb-25c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-25c. Services for individuals with fetal alcohol

syndrome

-STATUTE-

(a) In general

The Secretary shall make awards of grants, cooperative

agreements, or contracts to public and nonprofit private entities,

including Indian tribes and tribal organizations, to provide

services to individuals diagnosed with fetal alcohol syndrome or

alcohol-related birth defects.

(b) Use of funds

An award under subsection (a) of this section may, subject to

subsection (d) of this section, be used to -

(1) screen and test individuals to determine the type and level

of services needed;

(2) develop a comprehensive plan for providing services to the

individual;

(3) provide mental health counseling;

(4) provide substance abuse prevention services and treatment,

if needed;

(5) coordinate services with other social programs including

social services, justice system, educational services, health

services, mental health and substance abuse services, financial

assistance programs, vocational services and housing assistance

programs;

(6) provide vocational services;

(7) provide health counseling;

(8) provide housing assistance;

(9) parenting (!1) skills training;

(10) overall (!1) case management;

(11) supportive (!1) services for families of individuals with

Fetal Alcohol Syndrome; and

(12) provide other services and programs, to the extent

authorized by the Secretary after consideration of

recommendations made by the National Task Force on Fetal Alcohol

Syndrome.

(c) Requirements

To be eligible to receive an award under subsection (a) of this

section, an applicant shall -

(1) demonstrate that the program will be part of a coordinated,

comprehensive system of care for such individuals;

(2) demonstrate an established communication with other social

programs in the community including social services, justice

system, financial assistance programs, health services,

educational services, mental health and substance abuse services,

vocational services and housing assistance services;

(3) show a history of working with individuals with fetal

alcohol syndrome or alcohol-related birth defects;

(4) provide assurance that the services will be provided in a

culturally and linguistically appropriate manner; and

(5) provide assurance that at the end of the 5-year award

period, other mechanisms will be identified to meet the needs of

the individuals and families served under such award.

(d) Relationship to payments under other programs

An award may be made under subsection (a) of this section only if

the applicant involved agrees that the award will not be expended

to pay the expenses of providing any service under this section to

an individual to the extent that payment has been made, or can

reasonably be expected to be made, with respect to such expenses -

(1) under any State compensation program, under an insurance

policy, or under any Federal or State health benefits program; or

(2) by an entity that provides health services on a prepaid

basis.

(e) Duration of awards

With respect to an award under subsection (a) of this section,

the period during which payments under such award are made to the

recipient may not exceed 5 years.

(f) Evaluation

The Secretary shall evaluate each project carried out under

subsection (a) of this section and shall disseminate the findings

with respect to each such evaluation to appropriate public and

private entities.

(g) Funding

(1) Authorization of appropriations

For the purpose of carrying out this section, there are

authorized to be appropriated $25,000,000 for fiscal year 2001,

and such sums as may be necessary for each of the fiscal years

2002 and 2003.

(2) Allocation

Of the amounts appropriated under paragraph (1) for a fiscal

year, not less than $300,000 shall, for purposes relating to

fetal alcohol syndrome and alcohol-related birth defects, be made

available for collaborative, coordinated interagency efforts with

the National Institute on Alcohol Abuse and Alcoholism, the

National Institute on Child Health and Human Development, the

Health Resources and Services Administration, the Agency for

Healthcare Research and Quality, the Centers for Disease Control

and Prevention, the Department of Education, and the Department

of Justice.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519C, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3110, Oct. 17, 2000, 114 Stat.

1183.)

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "provide".

-End-

-CITE-

42 USC Sec. 290bb-25d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 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

-STATUTE-

(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) of this section 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) of this section

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) of this section,

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) of this section 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.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519D, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3110, Oct. 17, 2000, 114 Stat.

1185.)

-End-

-CITE-

42 USC Sec. 290bb-25e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 2 - center for substance abuse prevention

-HEAD-

Sec. 290bb-25e. Prevention of methamphetamine and inhalant abuse

and addiction

-STATUTE-

(a) Grants

The Director of the Center for Substance Abuse Prevention

(referred to in this section as the "Director") may make grants to

and enter into contracts and cooperative agreements with public and

nonprofit private entities to enable such entities -

(1) to carry out school-based programs concerning the dangers

of methamphetamine or inhalant abuse and addiction, using methods

that are effective and evidence-based, including initiatives that

give students the responsibility to create their own anti-drug

abuse education programs for their schools; and

(2) to carry out community-based methamphetamine or inhalant

abuse and addiction prevention programs that are effective and

evidence-based.

(b) Use of funds

Amounts made available under a grant, contract or cooperative

agreement under subsection (a) of this section shall be used for

planning, establishing, or administering methamphetamine or

inhalant prevention programs in accordance with subsection (c) of

this section.

(c) Prevention programs and activities

(1) In general

Amounts provided under this section may be used -

(A) to carry out school-based programs that are focused on

those districts with high or increasing rates of

methamphetamine or inhalant abuse and addiction and targeted at

populations which are most at risk to start methamphetamine or

inhalant abuse;

(B) to carry out community-based prevention programs that are

focused on those populations within the community that are most

at-risk for methamphetamine or inhalant abuse and addiction;

(C) to assist local government entities to conduct

appropriate methamphetamine or inhalant prevention activities;

(D) to train and educate State and local law enforcement

officials, prevention and education officials, members of

community anti-drug coalitions and parents on the signs of

methamphetamine or inhalant abuse and addiction and the options

for treatment and prevention;

(E) for planning, administration, and educational activities

related to the prevention of methamphetamine or inhalant abuse

and addiction;

(F) for the monitoring and evaluation of methamphetamine or

inhalant prevention activities, and reporting and disseminating

resulting information to the public; and

(G) for targeted pilot programs with evaluation components to

encourage innovation and experimentation with new

methodologies.

(2) Priority

The Director shall give priority in making grants under this

section to rural and urban areas that are experiencing a high

rate or rapid increases in methamphetamine or inhalant abuse and

addiction.

(d) Analyses and evaluation

(1) In general

Up to $500,000 of the amount available in each fiscal year to

carry out this section shall be made available to the Director,

acting in consultation with other Federal agencies, to support

and conduct periodic analyses and evaluations of effective

prevention programs for methamphetamine or inhalant abuse and

addiction and the development of appropriate strategies for

disseminating information about and implementing these programs.

(2) Annual reports

The Director shall submit to the Committee on Health,

Education, Labor, and Pensions and the Committee on

Appropriations of the Senate and the Committee on Commerce and

Committee on Appropriations of the House of Representatives, an

annual report with the results of the analyses and evaluation

under paragraph (1).

(e) Authorization of appropriations

There is authorized to be appropriated to carry out subsection

(a) of this section, $10,000,000 for fiscal year 2001, and such

sums as may be necessary for each of fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 519E, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3104(c), Oct. 17, 2000, 114 Stat.

1173.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC subpart 3 - center for mental health services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

SUBPART 3 - CENTER FOR MENTAL HEALTH SERVICES

-End-

-CITE-

42 USC Sec. 290bb-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-31. Center for Mental Health Services

-STATUTE-

(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 Department of Education and the

Department of Justice to develop programs to assist local

communities in addressing violence among children and

adolescents;

(4) 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;

(5) develop improved methods of treating individuals with

mental health problems and improved methods of assisting the

families of such individuals;

(6) administer the mental health services block grant program

authorized in section 300x of this title;

(7) promote policies and programs at Federal, State, and local

levels and in the private sector that foster independence 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) [42 U.S.C. 10801 et

seq.];

(8) carry out the programs under part C of this subchapter; and

(9) carry out responsibilities for the Human Resource

Development programs;

(10) 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 improve the capacity of

State to conduct evaluations of publicly funded mental health

programs;

(11) establish a clearinghouse for mental health information to

assure the widespread dissemination of such information 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;

(12) provide technical assistance to public and private

entities that are providers of mental health services;

(13) 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 Public Law 97-35 (95

Stat. 560));

(14) conduct surveys with respect to mental health, such as the

National Reporting Program; and

(15) assist States in improving their mental health data

collection.

(c) Grants and contracts

In carrying out the duties established in subsection (b) of this

section, the Director may make grants to and enter into contracts

and cooperative agreements with public and nonprofit private

entities.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520, as added Pub. L.

102-321, title I, Sec. 115(a), July 10, 1992, 106 Stat. 346;

amended Pub. L. 106-310, div. B, title XXXI, Sec. 3112(c), Oct. 17,

2000, 114 Stat. 1188.)

-REFTEXT-

REFERENCES IN TEXT

The Protection and Advocacy of Mentally Ill Individuals Act,

referred to in subsec. (b)(7), probably means the Protection and

Advocacy for Mentally Ill Individuals Act of 1986, which was Pub.

L. 99-319, May 23, 1986, 100 Stat. 478, as amended. Pub. L. 99-319

was renamed the Protection and Advocacy for Individuals with Mental

Illness Act by Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a),

Oct. 17, 2000, 114 Stat. 1193, and is classified generally to

chapter 114 (Sec. 10801 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 10801 of this title and Tables.

The Community Mental Health Centers Act, referred to in subsec.

(b)(13), is title II of Pub. L. 88-164, as added by Pub. L. 94-63,

title III, Sec. 303, July 29, 1975, 89 Stat. 309, and amended,

which was classified principally to subchapter III (Sec. 2689 et

seq.) of chapter 33 of this title prior to its repeal by Pub. L.

97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560.

-MISC1-

PRIOR PROVISIONS

A prior section 520 of act July 1, 1944, which was classified to

section 290cc-13 of this title, was renumbered section 520A of act

July 1, 1944, by Pub. L. 102-321 and transferred to section

290bb-32 of this title.

Another prior section 520 of act July 1, 1944, was renumbered

section 519 by Pub. L. 101-93 and classified to section 290cc-12 of

this title, prior to repeal by Pub. L. 102-321, Sec. 117.

AMENDMENTS

2000 - Subsec. (b)(3) to (7). Pub. L. 106-310, Sec. 3112(c)(1),

(2), added par. (3) and redesignated former pars. (3) to (6) as (4)

to (7), respectively. Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 106-310, Sec. 3112(c)(1), (3),

redesignated par. (7) as (8) and substituted "programs under part C

of this subchapter" for "programs authorized under sections

290bb-32 and 290cc-21 of this title, including the Community

Support Program and the Child and Adolescent Service System

Programs". Former par. (8) redesignated (9).

Subsec. (b)(9). Pub. L. 106-310, Sec. 3112(c)(4), which directed

the amendment of par. (9) by substituting "programs" for "program

and programs of clinical training for professional and

paraprofessional personnel pursuant to section 242a of this title"

was executed by making the substitution for the phrase which began

with the words "program, and programs", to reflect the probable

intent of Congress.

Pub. L. 106-310, Sec. 3112(c)(1), redesignated par. (8) as (9).

Former par. (9) redesignated (10).

Subsec. (b)(10) to (15). Pub. L. 106-310, Sec. 3112(c)(1),

redesignated pars. (9) to (14) as (10) to (15), respectively.

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

MENTAL HEALTH SERVICES FOR INDIVIDUALS IN CORRECTIONAL FACILITIES

Section 703 of Pub. L. 102-321 directed Secretary of Health and

Human Services, acting through Director of Center for Mental Health

Services, not later than July 10, 1992, to prepare and submit to

Congress a report concerning most effective methods for providing

mental health services to individuals who come into contact with

the criminal justice system, including those individuals

incarcerated in correctional facilities (including local jails and

detention facilities), and the obstacles to providing such

services, with such study to be carried out in consultation with

the National Institute of Mental Health, the Department of Justice,

and other appropriate public and private entities.

-EXEC-

EX. ORD. NO. 13263. PRESIDENT'S NEW FREEDOM COMMISSION ON MENTAL

HEALTH

Ex. Ord. No. 13263, Apr. 29, 2002, 67 F.R. 22337, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and to improve

America's mental health service delivery system for individuals

with serious mental illness and children with serious emotional

disturbances, it is hereby ordered as follows:

Section 1. Establishment. There is hereby established the

President's New Freedom Commission on Mental Health (Commission).

Sec. 2. Membership. (a) The Commission's membership shall be

composed of:

(i) Not more than fifteen members appointed by the President,

including providers, payers, administrators, and consumers of

mental health services and family members of consumers; and

(ii) Not more than seven ex officio members, four of whom shall

be designated by the Secretary of Health and Human Services, and

the remaining three of whom shall be designated - one each - by

the Secretaries of the Departments of Labor, Education, and

Veterans Affairs.

(b) The President shall designate a Chair from among the fifteen

members of the Commission appointed by the President.

Sec. 3. Mission. The mission of the Commission shall be to

conduct a comprehensive study of the United States mental health

service delivery system, including public and private sector

providers, and to advise the President on methods of improving the

system. The Commission's goal shall be to recommend improvements to

enable adults with serious mental illness and children with serious

emotional disturbances to live, work, learn, and participate fully

in their communities. In carrying out its mission, the Commission

shall, at a minimum:

(a) Review the current quality and effectiveness of public and

private providers and Federal, State, and local government

involvement in the delivery of services to individuals with serious

mental illnesses and children with serious emotional disturbances,

and identify unmet needs and barriers to services.

(b) Identify innovative mental health treatments, services, and

technologies that are demonstrably effective and can be widely

replicated in different settings.

(c) Formulate policy options that could be implemented by public

and private providers, and Federal, State, and local governments to

integrate the use of effective treatments and services, improve

coordination among service providers, and improve community

integration for adults with serious mental illnesses and children

with serious emotional disturbances.

Sec. 4. Principles. In conducting its mission, the Commission

shall adhere to the following principles:

(a) The Commission shall focus on the desired outcomes of mental

health care, which are to attain each individual's maximum level of

employment, self-care, interpersonal relationships, and community

participation;

(b) The Commission shall focus on community-level models of care

that efficiently coordinate the multiple health and human service

providers and public and private payers involved in mental health

treatment and delivery of services;

(c) The Commission shall focus on those policies that maximize

the utility of existing resources by increasing cost effectiveness

and reducing unnecessary and burdensome regulatory barriers;

(d) The Commission shall consider how mental health research

findings can be used most effectively to influence the delivery of

services; and

(e) The Commission shall follow the principles of Federalism, and

ensure that its recommendations promote innovation, flexibility,

and accountability at all levels of government and respect the

constitutional role of the States and Indian tribes.

Sec. 5. Administration. (a) The Department of Health and Human

Services, to the extent permitted by law, shall provide funding and

administrative support for the Commission.

(b) To the extent funds are available and as authorized by law

for persons serving intermittently in Government service (5 U.S.C.

5701-5707), members of the Commission appointed from among private

citizens of the United States may be allowed travel expenses while

engaged in the work of the Commission, including per diem in lieu

of subsistence. All members of the Commission who are officers or

employees of the United States shall serve without compensation in

addition to that received for their services as officers or

employees of the United States.

(c) The Commission shall have a staff headed by an Executive

Director, who shall be selected by the President. To the extent

permitted by law, office space, analytical support, and additional

staff support for the Commission shall be provided by executive

branch departments and agencies.

(d) Insofar as the Federal Advisory Committee Act, as amended [5

App. U.S.C.], may apply to the Commission, any functions of the

President under that Act, except for those in section 6 of that

Act, shall be performed by the Department of Health and Human

Services, in accordance with the guidelines that have been issued

by the Administrator of General Services.

Sec. 6. Reports. The Commission shall submit reports to the

President as follows:

(a) Interim Report. Within 6 months from the date of this order,

an interim report shall describe the extent of unmet needs and

barriers to care within the mental health system and provide

examples of community-based care models with success in

coordination of services and providing desired outcomes.

(b) Final Report. The final report will set forth the

Commission's recommendations, in accordance with its mission as

stated in section 3 of this order. The submission date shall be

determined by the Chair in consultation with the President.

Sec. 7. Termination. The Commission shall terminate 1 year from

the date of this order, unless extended by the President prior to

that date.

George W. Bush.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290bb-32 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-32. Priority mental health needs of regional and

national significance

-STATUTE-

(a) Projects

The Secretary shall address priority mental health needs of

regional and national significance (as determined under subsection

(b) of this section) 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.

The Secretary may carry out the activities described in this

subsection directly or through grants or cooperative agreements

with States, political subdivisions of States, Indian tribes and

tribal organizations, other public or private nonprofit entities.

(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) of this section, 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) of this section 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) of this section 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.

(f) Authorization of appropriation

(1) In general

There are authorized to be appropriated to carry out this

section, $300,000,000 for fiscal year 2001, and such sums as may

be necessary for each of the fiscal years 2002 and 2003.

(2) Data infrastructure

If amounts are not appropriated for a fiscal year to carry out

section 300y of this title with respect to mental health, then

the Secretary shall make available, from the amounts appropriated

for such fiscal year under paragraph (1), an amount equal to the

sum of $6,000,000 and 10 percent of all amounts appropriated for

such fiscal year under such paragraph in excess of $100,000,000,

to carry out such section 300y of this title.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520A, as added Pub. L.

100-690, title II, Sec. 2057(3), Nov. 18, 1988, 102 Stat. 4212;

renumbered Sec. 520 and amended Pub. L. 101-93, Sec. 3(e), (g),

Aug. 16, 1989, 103 Stat. 610, 611; Pub. L. 101-639, Sec. 2, Nov.

28, 1990, 104 Stat. 4600; renumbered Sec. 520A and amended Pub. L.

102-321, title I, Sec. 116, July 10, 1992, 106 Stat. 348; Pub. L.

106-310, div. B, title XXXII, Sec. 3201(a), Oct. 17, 2000, 114

Stat. 1189.)

-COD-

CODIFICATION

Section was formerly classified to section 290cc-13 of this title

prior to renumbering by Pub. L. 102-321.

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-310 amended section catchline and text

generally, substituting provisions relating to priority mental

health needs of regional and national significance for provisions

relating to establishment of grant programs for demonstration

projects.

1992 - Subsec. (a)(1). Pub. L. 102-321, Sec. 116(b)(1),

substituted "Center for Mental Health Services" for "National

Institute of Mental Health".

Subsec. (c). Pub. L. 102-321, Sec. 116(b)(2), substituted "five"

for "three".

Subsec. (e)(1). Pub. L. 102-321, Sec. 116(b)(3), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "For the

purposes of carrying out this section, there are authorized to be

appropriated $40,000,000 for fiscal year 1991, and such sums as may

be necessary for each of the fiscal years 1992 and 1993."

1990 - Subsec. (a). Pub. L. 101-639, Sec. 2(a), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"The Secretary, acting through the Director, may make grants to

States, political subdivisions of States, and nonprofit private

agencies -

"(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). Pub. L. 101-639, Sec. 2(b), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "For the

purposes of carrying out this section, there are authorized to be

appropriated $60,000,000 for each of the fiscal years 1989 and

1990."

1989 - Pub. L. 101-93 substituted "programs" for "program" in

section catchline and in subsec. (a) substituted "seriously

mentally ill" for "chronically mentally ill" wherever appearing,

redesignated par. (5) as (4), and inserted "for" before

"demonstration" in pars. (2), (3), and (4).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

COMMUNITY MENTAL HEALTH SERVICES DEMONSTRATION PROJECTS FOR

HOMELESS INDIVIDUALS WHO ARE CHRONICALLY MENTALLY ILL

Pub. L. 100-77, title VI, Sec. 612, July 22, 1987, 101 Stat. 523,

as amended by Pub. L. 100-607, title VIII, Sec. 821, Nov. 4, 1988,

102 Stat. 3171; Pub. L. 100-628, title VI, Sec. 621, Nov. 7, 1988,

102 Stat. 3244; Pub. L. 101-93, Sec. 5(t)(1), (2), Aug. 16, 1989,

103 Stat. 615; Pub. L. 101-645, title V, Sec. 521, Nov. 29, 1990,

104 Stat. 4734, which authorized to be appropriated for payments

under this section such sums as may be necessary for each of the

fiscal years 1991 through 1993, in addition to any other amounts

authorized to be appropriated for such payments for each of such

fiscal years with such additional amounts to be available only for

the provision of community-based mental health services to homeless

individuals who are chronically mentally ill, and amounts paid to

grantees under subsection (a) of this section that remain

unobligated at the end of the fiscal year in which the amounts were

received to remain available to grantees during the succeeding

fiscal year for the purposes for which the payments were made, was

repealed by Pub. L. 106-310, div. B, title XXXII, Sec. 3201(b)(3),

Oct. 17, 2000, 114 Stat. 1190.

-End-

-CITE-

42 USC Sec. 290bb-33 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-33. Repealed. Pub. L. 106-310, div. B, title XXXII, Sec.

3201(b)(2), Oct. 17, 2000, 114 Stat. 1190

-MISC1-

Section, act July 1, 1944, ch. 373, title V, Sec. 520B, formerly

title XXIV, Sec. 2441, as added Pub. L. 100-607, title II, Sec.

211, Nov. 4, 1988, 102 Stat. 3092; renumbered title V, Sec. 520B,

and amended Pub. L. 102-321, title I, Sec. 118(a), (b)(2), July 10,

1992, 106 Stat. 348, 349, related to demonstration projects for

individuals with positive test results.

-End-

-CITE-

42 USC Sec. 290bb-34 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-34. Youth interagency research, training, and technical

assistance centers

-STATUTE-

(a) Program authorized

The Secretary, acting through the Administrator of the Substance

Abuse and Mental Health Services Administration, and in

consultation with the Administrator of the Office of Juvenile

Justice and Delinquency Prevention, the Director of the Bureau of

Justice Assistance and the Director of the National Institutes of

Health, 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) of this section.

(b) Application

A public or private nonprofit entity desiring a grant or contract

under subsection (a) of this section shall prepare and submit an

application to the Secretary at such time, in such manner, and

containing such information as the Secretary may require.

(c) Authorized activities

A center established under a grant or contract under subsection

(a) of this section shall -

(1) provide training with respect to state-of-the-art mental

health and justice-related services and successful mental health

and substance abuse-justice collaborations that focus on children

and adolescents, to public policymakers, law enforcement

administrators, public defenders, police, probation officers,

judges, parole officials, jail administrators and mental health

and substance abuse providers and administrators;

(2) engage in research and evaluations concerning State and

local justice and mental health systems, including system

redesign initiatives, and disseminate information concerning the

results of such evaluations;

(3) provide direct technical assistance, including assistance

provided through toll-free telephone numbers, concerning issues

such as how to accommodate individuals who are being processed

through the courts under the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.), what types of mental health or

substance abuse service approaches are effective within the

judicial system, and how community-based mental health or

substance abuse services can be more effective, including

relevant regional, ethnic, and gender-related considerations; and

(4) provide information, training, and technical assistance to

State and local governmental officials to enhance the capacity of

such officials to provide appropriate services relating to mental

health or substance abuse.

(d) Authorization of appropriations

For the purpose of carrying out this section, there is authorized

to be appropriated $4,000,000 for fiscal year 2001, and such sums

as may be necessary for fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520C, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3104(b), Oct. 17, 2000, 114 Stat.

1173.)

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (c)(3), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327,

as amended, which is classified principally to chapter 126 (Sec.

12101 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 12101

of this title and Tables.

-End-

-CITE-

42 USC Sec. 290bb-35 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-35. Services for youth offenders

-STATUTE-

(a) In general

The Secretary, acting through the Director of the Center for

Mental Health Services, and in consultation with the Director of

the Center for Substance Abuse Treatment, the Administrator of the

Office of Juvenile Justice and Delinquency Prevention, and the

Director of the Special Education Programs, shall award grants on a

competitive basis to State or local juvenile justice agencies to

enable such agencies to provide aftercare services for youth

offenders who have been discharged from facilities in the juvenile

or criminal justice system and have serious emotional disturbances

or are at risk of developing such disturbances.

(b) Use of funds

A State or local juvenile justice agency receiving a grant under

subsection (a) of this section shall use the amounts provided under

the grant -

(1) to develop a plan describing the manner in which the agency

will provide services for each youth offender who has a serious

emotional disturbance and has been detained or incarcerated in

facilities within the juvenile or criminal justice system;

(2) to provide a network of core or aftercare services or

access to such services for each youth offender, including

diagnostic and evaluation services, substance abuse treatment

services, outpatient mental health care services, medication

management services, intensive home-based therapy, intensive day

treatment services, respite care, and therapeutic foster care;

(3) to establish a program that coordinates with other State

and local agencies providing recreational, social, educational,

vocational, or operational services for youth, to enable the

agency receiving a grant under this section to provide

community-based system of care services for each youth offender

that addresses the special needs of the youth and helps the youth

access all of the aforementioned services; and

(4) using not more than 20 percent of funds received, to

provide planning and transition services as described in

paragraph (3) for youth offenders while such youth are

incarcerated or detained.

(c) Application

A State or local juvenile justice agency that desires a grant

under subsection (a) of this section shall submit an application to

the Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require.

(d) Report

Not later than 3 years after October 17, 2000, and annually

thereafter, the Secretary shall prepare and submit, to the

Committee on Health, Education, Labor, and Pensions of the Senate

and the Committee on Commerce of the House of Representatives, a

report that describes the services provided pursuant to this

section.

(e) Definitions

In this section:

(1) Serious emotional disturbance

The term "serious emotional disturbance" with respect to a

youth offender means an offender who currently, or at any time

within the 1-year period ending on the day on which services are

sought under this section, has a diagnosable mental, behavioral,

or emotional disorder that functionally impairs the offender's

life by substantially limiting the offender's role in family,

school, or community activities, and interfering with the

offender's ability to achieve or maintain one or more

developmentally-appropriate social, behavior, cognitive,

communicative, or adaptive skills.

(2) Community-based system of care

The term "community-based system of care" means the provision

of services for the youth offender by various State or local

agencies that in an interagency fashion or operating as a network

addresses the recreational, social, educational, vocational,

mental health, substance abuse, and operational needs of the

youth offender.

(3) Youth offender

The term "youth offender" means an individual who is 21 years

of age or younger who has been discharged from a State or local

juvenile or criminal justice system, except that if the

individual is between the ages of 18 and 21 years, such

individual has had contact with the State or local juvenile or

criminal justice system prior to attaining 18 years of age and is

under the jurisdiction of such a system at the time services are

sought.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section

$40,000,000 for fiscal year 2001, and such sums as may be necessary

for each of fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520D, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3107, Oct. 17, 2000, 114 Stat.

1179.)

-CHANGE-

CHANGE OF NAME

Committee on Commerce of House of Representatives changed to

Committee on Energy and Commerce of House of Representatives, and

jurisdiction over matters relating to securities and exchanges and

insurance generally transferred to Committee on Financial Services

of House of Representatives by House Resolution No. 5, One Hundred

Seventh Congress, Jan. 3, 2001.

-End-

-CITE-

42 USC Sec. 290bb-36 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-36. Suicide prevention for children and adolescents

-STATUTE-

(a) In general

The Secretary shall award grants, contracts, or cooperative

agreements to States, political subdivisions of States, Indian

tribes, tribal organizations, public organizations, or private

nonprofit organizations to establish programs to reduce suicide

deaths in the United States among children and adolescents.

(b) Collaboration

In carrying out subsection (a) of this section, the Secretary

shall ensure that activities under this section are coordinated

among the Substance Abuse and Mental Health Services

Administration, the relevant institutes at the National Institutes

of Health, the Centers for Disease Control and Prevention, the

Health Resources and Services Administration, and the

Administration on Children and Families.

(c) Requirements

A State, political subdivision of a State, Indian tribe, tribal

organization, public organization, or private nonprofit

organization desiring a grant, contract, or cooperative agreement

under this section shall demonstrate that the suicide prevention

program such entity proposes will -

(1) provide for the timely assessment, treatment, or referral

for mental health or substance abuse services of children and

adolescents at risk for suicide;

(2) be based on best evidence-based, suicide prevention

practices and strategies that are adapted to the local community;

(3) integrate its suicide prevention program into the existing

health care system in the community including primary health

care, mental health services, and substance abuse services;

(4) be integrated into other systems in the community that

address the needs of children and adolescents including the

educational system, juvenile justice system, welfare and child

protection systems, and community youth support organizations;

(5) use primary prevention methods to educate and raise

awareness in the local community by disseminating evidence-based

information about suicide prevention;

(6) include suicide prevention, mental health, and related

information and services for the families and friends of those

who completed suicide, as needed;

(7) provide linguistically appropriate and culturally competent

services, as needed;

(8) provide a plan for the evaluation of outcomes and

activities at the local level, according to standards established

by the Secretary, and agree to participate in a national

evaluation; and

(9) 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 grants, contracts, or cooperative

agreements under subsection (a) of this section shall be used to

supplement and not supplant other Federal, State, and local public

funds that are expended to provide services for eligible

individuals.

(e) Condition

An applicant for a grant, contract, or cooperative agreement

under subsection (a) of this section shall demonstrate to the

Secretary that the applicant has the support of the local community

and relevant public health officials.

(f) Special populations

In awarding grants, contracts, and cooperative agreements under

subsection (a) of this section, 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 State, political subdivision of a State, Indian tribe, tribal

organization, public organization, or private nonprofit

organization receiving a grant, contract, or cooperative agreement

under subsection (a) of this section 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, contract, or

cooperative agreement, including a process and outcome evaluation.

(h) Distribution of awards

In awarding grants, contracts, and cooperative agreements under

subsection (a) of this section, 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 State, political subdivision of a State, Indian tribe, tribal

organization, public organization, or private nonprofit

organization receiving a grant, contract, or cooperative agreement

under subsection (a) of this section 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 5 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 21 who

attempt or complete suicide; and

(3) a profile of services which might have been available to

these groups and the use of these services by children and youths

from paragraphs (1) and (2).

(m) Authorization of appropriation

(1) In general

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.

(2) Program management

In carrying out this section, the Secretary shall use 1 percent

of the amount appropriated under paragraph (1) for each fiscal

year for managing programs under this section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520E, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3111, Oct. 17, 2000, 114 Stat.

1186.)

-MISC1-

TEEN SUICIDE PREVENTION STUDY

Pub. L. 106-386, div. B, title VI, Sec. 1602, Oct. 28, 2000, 114

Stat. 1538, provided that:

"(a) Short Title. - This section may be cited as the 'Teen

Suicide Prevention Act of 2000'.

"(b) Findings. - Congress finds that -

"(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) Purpose. - The purpose of this section is to provide for a

study of predictors of suicide among at-risk and other youth, and

barriers that prevent the youth from receiving treatment, to

facilitate the development of model treatment programs and public

education and awareness efforts.

"(d) Study. - Not later than 1 year after the date of the

enactment of this Act [Oct. 28, 2000], the Secretary of Health and

Human Services shall carry out, directly or by grant or contract, a

study that is designed to identify -

"(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) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this section such sums as may be

necessary."

-End-

-CITE-

42 USC Sec. 290bb-37 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-37. Grants for emergency mental health centers

-STATUTE-

(a) Program authorized

The Secretary shall award grants to States, political

subdivisions of States, Indian tribes, and tribal organizations to

support the designation of hospitals and health centers as

Emergency Mental Health Centers.

(b) Health center

In this section, the term "health center" has the meaning given

such term in section 254b of this title, and includes community

health centers and community mental health centers.

(c) Distribution of awards

The Secretary shall ensure that such grants awarded under

subsection (a) of this section are equitably distributed among the

geographical regions of the United States, between urban and rural

populations, and between different settings of care including

health centers, mental health centers, hospitals, and other

psychiatric units or facilities.

(d) Application

A State, political subdivision of a State, Indian tribe, or

tribal organization that desires a grant under subsection (a) of

this section 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 carried out with funds received under this section.

(e) Use of funds

(1) In general

A State, political subdivision of a State, Indian tribe, or

tribal organization receiving a grant under subsection (a) of

this section shall use funds from such grant to establish or

designate hospitals and health centers as Emergency Mental Health

Centers.

(2) Emergency mental health centers

Such emergency mental health centers described in paragraph (1)

-

(A) shall -

(i) serve as a central receiving point in the community for

individuals who may be in need of emergency mental health

services;

(ii) purchase, if needed, any equipment necessary to

evaluate, diagnose and stabilize an individual with a mental

illness;

(iii) provide training, if needed, to the medical personnel

staffing the Emergency Mental Health Center to evaluate,

diagnose, stabilize, and treat an individual with a mental

illness; and

(iv) provide any treatment that is necessary for an

individual with a mental illness or a referral for such

individual to another facility where such treatment may be

received; and

(B) may establish and train a mobile crisis intervention team

to respond to mental health emergencies within the community.

(f) Evaluation

A State, political subdivision of a State, Indian tribe, or

tribal organization that receives a grant under subsection (a) of

this section 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 this

section and a process and outcomes evaluation.

(g) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$25,000,000 for fiscal year 2001 and such sums as may be necessary

for each of the fiscal years 2002 through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520F, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3209, Oct. 17, 2000, 114 Stat.

1200.)

-End-

-CITE-

42 USC Sec. 290bb-38 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-38. Grants for jail diversion programs

-STATUTE-

(a) Program authorized

The Secretary shall make up to 125 grants to States, political

subdivisions of States, Indian tribes, and tribal organizations,

acting directly or through agreements with other public or

nonprofit entities, to develop and implement programs to divert

individuals with a mental illness from the criminal justice system

to community-based services.

(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) of this section.

(c) Applications

(1) In general

To receive a grant under subsection (a) of this section, the

chief executive of a State, chief executive of a subdivision of a

State, Indian tribe or tribal organization 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

the best known practices, reflect current research findings,

include case management, assertive community treatment,

medication management and access, integrated mental health

and co-occurring substance abuse treatment, 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 abuse 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) Use of funds

A State, political subdivision of a State, Indian tribe, or

tribal organization that receives a grant under subsection (a) of

this section 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 abuse services to

accommodate the diversion program;

(3) train professionals involved in the system of care, and law

enforcement officers, attorneys, and judges; and

(4) provide community outreach and crisis intervention.

(e) 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) of this section 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.

(f) Geographic distribution

The Secretary shall ensure that such grants awarded under

subsection (a) of this section are equitably distributed among the

geographical regions of the United States and between urban and

rural populations.

(g) 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) of this section in establishing and operating a

diversion program.

(h) Evaluations

The programs described in subsection (a) of this section shall be

evaluated not less than one time in every 12-month period using the

methodology and outcome measures identified in the grant

application.

(i) Authorization of appropriations

There are authorized to be appropriated to carry out this section

$10,000,000 for fiscal year 2001, and such sums as may be necessary

for fiscal years 2002 through 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520G, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3210, Oct. 17, 2000, 114 Stat.

1201.)

-End-

-CITE-

42 USC Sec. 290bb-39 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-39. Improving outcomes for children and adolescents

through services integration between child welfare and mental

health services

-STATUTE-

(a) In general

The Secretary shall award grants, contracts or cooperative

agreements to States, political subdivisions of States, Indian

tribes, and tribal organizations to provide integrated child

welfare and mental health services for children and adolescents

under 19 years of age in the child welfare system or at risk for

becoming part of the system, and parents or caregivers with a

mental illness or a mental illness and a co-occurring substance

abuse disorder.

(b) Duration

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.

(c) Application

(1) In general

To be eligible to receive an award under subsection (a) of this

section, a State, political subdivision of a State, Indian tribe,

or tribal organization shall submit an application to the

Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require.

(2) Content

An application submitted under paragraph (1) shall -

(A) describe the program to be funded under the grant,

contract or cooperative agreement;

(B) explain how such program reflects best practices in the

provision of child welfare and mental health services; and

(C) provide assurances that -

(i) persons providing services under the grant, contract or

cooperative agreement are adequately trained to provide such

services; and

(ii) the services will be provided in accordance with

subsection (d) of this section.

(d) Use of funds

A State, political subdivision of a State, Indian tribe, or

tribal organization that receives a grant, contract, or cooperative

agreement under subsection (a) of this section shall use amounts

made available through such grant, contract or cooperative

agreement to -

(1) provide family-centered, comprehensive, and coordinated

child welfare and mental health services, including prevention,

early intervention and treatment services for children and

adolescents, and for their parents or caregivers;

(2) ensure a single point of access for such coordinated

services;

(3) provide integrated mental health and substance abuse

treatment for children, adolescents, and parents or caregivers

with a mental illness and a co-occurring substance abuse

disorder;

(4) provide training for the child welfare, mental health and

substance abuse professionals who will participate in the program

carried out under this section;

(5) provide technical assistance to child welfare and mental

health agencies;

(6) develop cooperative efforts with other service entities in

the community, including education, social services, juvenile

justice, and primary health care agencies;

(7) coordinate services with services provided under the

Medicaid program and the State Children's Health Insurance

Program under titles XIX and XXI of the Social Security Act [42

U.S.C. 1396 et seq., 1397aa et seq.];

(8) provide linguistically appropriate and culturally competent

services; and

(9) evaluate the effectiveness and cost-efficiency of the

integrated services that measure the level of coordination,

outcome measures for parents or caregivers with a mental illness

or a mental illness and a co-occurring substance abuse disorder,

and outcome measures for children.

(e) Distribution of awards

The Secretary shall ensure that grants, contracts, and

cooperative agreements awarded under subsection (a) of this section

are equitably distributed among the geographical regions of the

United States and between urban and rural populations.

(f) Evaluation

The Secretary shall evaluate each program carried out by a State,

political subdivision of a State, Indian tribe, or tribal

organization under subsection (a) of this section and shall

disseminate the findings with respect to each such evaluation to

appropriate public and private entities.

(g) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$10,000,000 for fiscal year 2001, and such sums as may be necessary

for each of fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520H, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3211, Oct. 17, 2000, 114 Stat.

1203.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(7), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XIX and

XXI of the Act are classified generally to subchapters XIX (Sec.

1396 et seq.) and XXI (Sec. 1397aa et seq.), respectively, of

chapter 7 of this title. For complete classification of this Act to

the Code, see section 1305 of this title and Tables.

-End-

-CITE-

42 USC Sec. 290bb-40 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-40. Grants for the integrated treatment of serious

mental illness and co-occurring substance abuse

-STATUTE-

(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) of this section, 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) of

this section 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) of this section 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) of this section 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.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 520I, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3212, Oct. 17, 2000, 114 Stat.

1205.)

-End-

-CITE-

42 USC Sec. 290bb-41 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290bb-41. Training grants

-STATUTE-

(a) In general

The Secretary shall award grants in accordance with the

provisions of this section.

(b) Mental illness 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 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 to -

(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.

(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) Authorization of appropriations

There is authorized to be appropriated to carry out this

subsection, $25,000,000 for fiscal year 2001 and such sums as may

be necessary for each of fiscal years 2002 through 2003.

-SOURCE-

(July 1, 1944, ch.373, title V, Sec. 520J, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3213, Oct. 17, 2000, 114 Stat.

1206.)

-End-

-CITE-

42 USC Secs. 290cc to 290cc-12 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Secs. 290cc to 290cc-12. Repealed. Pub. L. 102-321, title I, Secs.

117, 120(b)(3), 123(c), July 10, 1992, 106 Stat. 348, 358, 363

-MISC1-

Section 290cc, act July 1, 1944, ch. 373, title V, Sec. 515,

formerly Pub. L. 92-255, title V, Sec. 503, as added Pub. L.

94-237, Sec. 13(a), Mar. 19, 1976, 90 Stat. 248; amended Pub. L.

95-461, Sec. 2(c), Oct. 14, 1978, 92 Stat. 1268; Pub. L. 96-181,

Sec. 12, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 97-35, title IX, Sec.

972(a), (b), Aug. 13, 1981, 95 Stat. 597; renumbered Sec. 515 of

act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(11), 97 Stat. 180; Oct. 19, 1984, Pub. L. 98-509, title II,

Secs. 205(a)(2), 206(c)(2), 207(b), 98 Stat. 2361-2363; Oct. 27,

1986, Pub. L. 99-570, title IV, Sec. 4009, 100 Stat. 3207-115; Nov.

18, 1988, Pub. L. 100-690, title II, Sec. 2058(a)(3), 102 Stat.

4214, related to encouraging drug abuse research.

Section 290cc-1, act July 1, 1944, ch. 373, title V, Sec. 516, as

added Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 206(b), 98

Stat. 2362; amended Nov. 18, 1988, Pub. L. 100-690, title II, Sec.

2058(a)(4), 102 Stat. 4214, related to drug abuse demonstration

projects.

Section 290cc-2, act July 1, 1944, ch. 373, title V, Sec. 517, as

added Oct. 19, 1984, Pub. L. 98-509, title II, Sec. 207(b), 98

Stat. 2363; amended Oct. 27, 1986, Pub. L. 99-570, title IV, Sec.

4010(b), 100 Stat. 3207-115; Nov. 18, 1988, Pub. L. 100-690, title

II, Sec. 2056(b), 102 Stat. 4211; Aug. 15, 1990, Pub. L. 101-374,

Sec. 3(a), 104 Stat. 457, authorized appropriations for drug abuse

research.

Section 290cc-11, act July 1, 1944, ch. 373, title V, Sec. 518,

formerly Sec. 519, as added Nov. 18, 1988, Pub. L. 100-690, title

II, Sec. 2057(3), 102 Stat. 4212; renumbered Sec. 518, Aug. 16,

1989, Pub. L. 101-93, Sec. 3(e)(1)(A), 103 Stat. 610, related to

establishment of a mental health research program.

Section 290cc-12, act July 1, 1944, ch. 373, title V, Sec. 519,

formerly Sec. 520, as added Nov. 18, 1988, Pub. L. 100-690, title

II, Sec. 2057(3), 102 Stat. 4212; renumbered Sec. 519, Aug. 16,

1989, Pub. L. 101-93, Sec. 3(e)(1)(A), 103 Stat. 610, related to

National Mental Health Education Program.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Sec. 290cc-13 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part B - Centers and Programs

subpart 3 - center for mental health services

-HEAD-

Sec. 290cc-13. Transferred

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title V, Sec. 520, formerly

Sec. 520A, as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec.

2057(3), 102 Stat. 4212, and amended, which related to

establishment of grant programs for demonstration projects for drug

abuse research, was renumbered section 520A of act July 1, 1944 by

Pub. L. 102-321, title I, Sec. 116(a), July 10, 1992, 106 Stat.

348, and transferred to section 290bb-32 of this title.

-End-

-CITE-

42 USC Part C - Projects for Assistance in Transition

From Homelessness 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

PART C - PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 290aa, 290bb-31 of this

title.

-End-

-CITE-

42 USC Sec. 290cc-21 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-21. Formula grants to States

-STATUTE-

For the purpose of carrying out section 290cc-22 of this title,

the Secretary, acting through the Director of the Center for Mental

Health Services, shall for each of the fiscal years 1991 through

1994 make an allotment for each State in an amount determined in

accordance with section 290cc-24 of this title. The Secretary shall

make payments, as grants, each such fiscal year to each State from

the allotment for the State if the Secretary approves for the

fiscal year involved an application submitted by the State pursuant

to section 290cc-29 of this title.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 521, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 516; amended Pub.

L. 100-607, title VIII, Sec. 813(1), Nov. 4, 1988, 102 Stat. 3170;

Pub. L. 100-628, title VI, Sec. 613(1), Nov. 7, 1988, 102 Stat.

3243; Pub. L. 101-93, Sec. 5(t)(1), Aug. 16, 1989, 103 Stat. 615;

Pub. L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4726;

Pub. L. 102-321, title I, Secs. 162(1), 163(a)(1), July 10, 1992,

106 Stat. 375; Pub. L. 102-352, Sec. 2(b)(2), Aug. 26, 1992, 106

Stat. 939.)

-MISC1-

PRIOR PROVISIONS

A prior section 521 of act July 1, 1944, was renumbered section

542 by section 611(2) of Pub. L. 100-77 and is classified to

section 290dd-1 of this title.

AMENDMENTS

1992 - Pub. L. 102-352 repealed Pub. L. 102-321, Sec. 163(a)(1),

which directed the substitution of "Administrator of the Substance

Abuse and Mental Health Services Administration" for "Director of

the National Institute of Mental Health".

Pub. L. 102-321, Sec. 162(1), substituted "Center for Mental

Health Services" for "National Institute of Mental Health".

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to formula grants to States for provisions

relating to establishment of block grant program for services to

homeless individuals who are chronically mentally ill.

1989 - Subsec. (a). Pub. L. 101-93 directed that subsec. (a) of

this section as similarly amended by title VIII of Pub. L. 100-607

and title VI of Pub. L. 100-628 be amended to read as if the

amendments made by title VI of Pub. L. 100-628 had not been

enacted. See 1988 Amendment note below.

1988 - Subsec. (a). Pub. L. 100-607 and Pub. L. 100-628 made

identical amendments, amending first sentence generally. Prior to

amendment, first sentence read as follows: "The Secretary shall for

fiscal years 1987 and 1988 allot to each State an amount determined

in accordance with sections 290cc-28 and 290cc-29 of this title."

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section

631 of Pub. L. 100-628, set out as a note under section 254e of

this title.

Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section

831 of Pub. L. 100-607, set out as a note under section 254e of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290cc-22, 290cc-23,

290cc-24, 290cc-25, 290cc-26, 290cc-27, 290cc-28, 290cc-29,

290cc-31, 290cc-32, 290cc-33, 290cc-35 of this title.

-End-

-CITE-

42 USC Sec. 290cc-22 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-22. Purpose of grants

-STATUTE-

(a) In general

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that the payments will

be expended solely for making grants to political subdivisions of

the State, and to nonprofit private entities (including

community-based veterans organizations and other community

organizations), for the purpose of providing the services specified

in subsection (b) of this section to individuals who -

(1)(A) are suffering from serious mental illness; or

(B) are suffering from serious mental illness and from

substance abuse; and

(2) are homeless or at imminent risk of becoming homeless.

(b) Specification of services

The services referred to in subsection (a) of this section are -

(1) outreach services;

(2) screening and diagnostic treatment services;

(3) habilitation and rehabilitation services;

(4) community mental health services;

(5) alcohol or drug treatment services;

(6) staff training, including the training of individuals who

work in shelters, mental health clinics, substance abuse

programs, and other sites where homeless individuals require

services;

(7) case management services, including -

(A) preparing a plan for the provision of community mental

health services to the eligible homeless individual involved,

and reviewing such plan not less than once every 3 months;

(B) providing assistance in obtaining and coordinating social

and maintenance services for the eligible homeless individuals,

including services relating to daily living activities,

personal financial planning, transportation services, and

habilitation and rehabilitation services, prevocational and

vocational services, and housing services;

(C) providing assistance to the eligible homeless individual

in obtaining income support services, including housing

assistance, food stamps, and supplemental security income

benefits;

(D) referring the eligible homeless individual for such other

services as may be appropriate; and

(E) providing representative payee services in accordance

with section 1631(a)(2) of the Social Security Act [42 U.S.C.

1383(a)(2)] if the eligible homeless individual is receiving

aid under title XVI of such act [42 U.S.C. 1381 et seq.] and if

the applicant is designated by the Secretary to provide such

services;

(8) supportive and supervisory services in residential

settings;

(9) referrals for primary health services, job training,

educational services, and relevant housing services;

(10) subject to subsection (h)(1) of this section -

(A) minor renovation, expansion, and repair of housing;

(B) planning of housing;

(C) technical assistance in applying for housing assistance;

(D) improving the coordination of housing services;

(E) security deposits;

(F) the costs associated with matching eligible homeless

individuals with appropriate housing situations; and

(G) 1-time rental payments to prevent eviction; and

(11) other appropriate services, as determined by the

Secretary.

(c) Coordination

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees to make grants pursuant

to subsection (a) of this section only to entities that have the

capacity to provide, directly or through arrangements, the services

specified in subsection (b) of this section, including coordinating

the provision of services in order to meet the needs of eligible

homeless individuals who are both mentally ill and suffering from

substance abuse.

(d) Special consideration regarding veterans

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that, in making grants

to entities pursuant to subsection (a) of this section, the State

will give special consideration to entities with a demonstrated

effectiveness in serving homeless veterans.

(e) Special rules

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that grants pursuant to

subsection (a) of this section will not be made to any entity that

-

(1) has a policy of excluding individuals from mental health

services due to the existence or suspicion of substance abuse; or

(2) has a policy of excluding individuals from substance abuse

services due to the existence or suspicion of mental illness.

(f) Administrative expenses

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that not more than 4

percent of the payments will be expended for administrative

expenses regarding the payments.

(g) Maintenance of effort

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that the State will

maintain State expenditures for services specified in subsection

(b) of this section 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 to

receive such payments.

(h) Restrictions on use of funds

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that -

(1) not more than 20 percent of the payments will be expended

for housing services under subsection (b)(10) of this section;

and

(2) the payments will not be expended -

(A) to support emergency shelters or construction of housing

facilities;

(B) for inpatient psychiatric treatment costs or inpatient

substance abuse treatment costs; or

(C) to make cash payments to intended recipients of mental

health or substance abuse services.

(i) Waiver for territories

With respect to the United States Virgin Islands, Guam, American

Samoa, Palau, the Marshall Islands, and the Commonwealth of the

Northern Mariana Islands, the Secretary may waive the provisions of

this part that the Secretary determines to be appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 522, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 516; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4726; Pub.

L. 106-310, div. B, title XXXII, Sec. 3203(a), Oct. 17, 2000, 114

Stat. 1191.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (b)(7)(E), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVI of the

Act is classified generally to subchapter XVI (Sec. 1381 et seq.)

of chapter 7 of this title. For complete classification of this Act

to the Code, see section 1305 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 522 of act July 1, 1944, was renumbered section

543 by section 611(2) of Pub. L. 100-77 and is classified to

section 290dd-2 of this title.

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-310 added subsec. (i).

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to purpose of grants for provisions relating to

requirement of submission of application containing certain

agreements.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290cc-21, 290cc-23,

290cc-25, 290cc-27, 290cc-31, 290cc-34, 290cc-35 of this title.

-End-

-CITE-

42 USC Sec. 290cc-23 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-23. Requirement of matching funds

-STATUTE-

(a) In general

The Secretary may not make payments under section 290cc-21 of

this title unless, with respect to the costs of providing services

pursuant to section 290cc-22 of this title, the State involved

agrees to make available, directly or through donations from public

or private entities, non-Federal contributions toward such costs in

an amount that is not less than $1 for each $3 of Federal funds

provided in such payments.

(b) Determination of amount

Non-Federal contributions required in subsection (a) of this

section 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, shall not be included in

determining the amount of such non-Federal contributions.

(c) Limitation regarding grants by States

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that the State will not

require the entities to which grants are provided pursuant to

section 290cc-22(a) of this title to provide non-Federal

contributions in excess of the non-Federal contributions described

in subsection (a) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 523, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 517; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4728.)

-MISC1-

PRIOR PROVISIONS

A prior section 523 of act July 1, 1944, was renumbered section

544 by section 611(2) of Pub. L. 100-77 and is classified to

section 290dd-3 of this title.

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

general requirements; and in subsec. (b), determination of amount

of non-Federal contribution.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290cc-26 of this title.

-End-

-CITE-

42 USC Sec. 290cc-24 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-24. Determination of amount of allotment

-STATUTE-

(a) Minimum allotment

The allotment for a State under section 290cc-21 of this title

for a fiscal year shall be the greater of -

(1) $300,000 for each of the several States, the District of

Columbia, and the Commonwealth of Puerto Rico, and $50,000 for

each of Guam, the Virgin Islands, American Samoa, and the

Commonwealth of the Northern Mariana Islands; and

(2) an amount determined in accordance with subsection (b) of

this section.

(b) Determination under formula

The amount referred to in subsection (a)(2) of this section is

the product of -

(1) an amount equal to the amount appropriated under section

290cc-35(a) of this title for the fiscal year; and

(2) a percentage equal to the quotient of -

(A) an amount equal to the population living in urbanized

areas of the State involved, as indicated by the most recent

data collected by the Bureau of the Census; and

(B) an amount equal to the population living in urbanized

areas of the United States, as indicated by the sum of the

respective amounts determined for the States under subparagraph

(A).

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 524, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 517; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4728.)

-MISC1-

PRIOR PROVISIONS

A prior section 524 of act July 1, 1944, was renumbered section

545 by section 611(2) of Pub. L. 100-77 and is classified to

section 290ee of this title.

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to determination of amount of allotment for

provisions relating to requiring provision of certain mental health

services.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290cc-21, 290cc-35 of

this title.

-End-

-CITE-

42 USC Sec. 290cc-25 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-25. Conversion to categorical program in event of

failure of State regarding expenditure of grants

-STATUTE-

(a) In general

Subject to subsection (c) of this section, the Secretary shall,

from the amounts specified in subsection (b) of this section, make

grants to public and nonprofit private entities for the purpose of

providing to eligible homeless individuals the services specified

in section 290cc-22(b) of this title.

(b) Specification of funds

The amounts referred to in subsection (a) of this section are any

amounts made available in appropriations Acts for allotments under

section 290cc-21 of this title that are not paid to a State as a

result of -

(A) the failure of the State to submit an application under

section 290cc-29 of this title;

(B) the failure of the State, in the determination of the

Secretary, to prepare the application in accordance with such

section or to submit the application within a reasonable period

of time; or

(C) the State informing the Secretary that the State does not

intend to expend the full amount of the allotment made to the

State.

(c) Requirement of provision of services in State involved

With respect to grants under subsection (a) of this section,

amounts made available under subsection (b) of this section as a

result of the State involved shall be available only for grants to

provide services in such State.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 525, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 518; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4729.)

-MISC1-

PRIOR PROVISIONS

A prior section 525 of act July 1, 1944, was renumbered section

546 by section 611(2) of Pub. L. 100-77 and is classified to

section 290ee-1 of this title.

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to conversion to categorical program in event

of failure of State regarding expenditure of grants for provisions

relating to restrictions on use of payments.

-End-

-CITE-

42 USC Sec. 290cc-26 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-26. Provision of certain information from State

-STATUTE-

The Secretary may not make payments under section 290cc-21 of

this title to a State unless, as part of the application required

in section 290cc-29 of this title, the State submits to the

Secretary a statement -

(1) identifying existing programs providing services and

housing to eligible homeless individuals and identify gaps in the

delivery systems of such programs;

(2) containing a plan for providing services and housing to

eligible homeless individuals, which plan -

(A) describes the coordinated and comprehensive means of

providing services and housing to homeless individuals; and

(B) includes documentation that suitable housing for eligible

homeless individuals will accompany the provision of services

to such individuals;

(3) describes the source of the non-Federal contributions

described in section 290cc-23 of this title;

(4) contains assurances that the non-Federal contributions

described in section 290cc-23 of this title will be available at

the beginning of the grant period;

(5) describe any voucher system that may be used to carry out

this part; and

(6) contain such other information or assurances as the

Secretary may reasonably require.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 526, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 519; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4729.)

-MISC1-

PRIOR PROVISIONS

A prior section 526 of act July 1, 1944, was renumbered section

547 by section 611(2) of Pub. L. 100-77 and is classified to

section 290ee-2 of this title.

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to providing certain information from State for

provisions relating to requirement of submission of description of

intended use of block grant.

-End-

-CITE-

42 USC Sec. 290cc-27 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-27. Description of intended expenditures of grant

-STATUTE-

(a) In general

The Secretary may not make payments under section 290cc-21 of

this title unless -

(1) as part of the application required in section 290cc-29 of

this title, the State involved submits to the Secretary a

description of the intended use for the fiscal year of the

amounts for which the State is applying pursuant to such section;

(2) such description identifies the geographic areas within the

State in which the greatest numbers of homeless individuals with

a need for mental health, substance abuse, and housing services

are located;

(3) such description provides information relating to the

programs and activities to be supported and services to be

provided, including information relating to coordinating such

programs and activities with any similar programs and activities

of public and private entities; and

(4) the State agrees that such description will be revised

throughout the year as may be necessary to reflect substantial

changes in the programs and activities assisted by the State

pursuant to section 290cc-22 of this title.

(b) Opportunity for public comment

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that, in developing and

carrying out the description required in subsection (a) of this

section, the State will provide public notice with respect to the

description (including any revisions) and such opportunities as may

be necessary to provide interested persons, such as family members,

consumers, and mental health, substance abuse, and housing

agencies, an opportunity to present comments and recommendations

with respect to the description.

(c) Relationship to State comprehensive mental health services plan

(1) In general

The Secretary may not make payments under section 290cc-21 of

this title unless the services to be provided pursuant to the

description required in subsection (a) of this section are

consistent with the State comprehensive mental health services

plan required in subpart 2 (!1) of part B of subchapter XVII of

this chapter.

(2) Special rule

The Secretary may not make payments under section 290cc-21 of

this title unless the services to be provided pursuant to the

description required in subsection (a) of this section have been

considered in the preparation of, have been included in, and are

consistent with, the State comprehensive mental health services

plan referred to in paragraph (1).

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 527, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 520; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4730.)

-REFTEXT-

REFERENCES IN TEXT

Subpart 2 of part B of subchapter XVII of this chapter, referred

to in subsec. (c)(1), which related to State comprehensive mental

health services plans and which was classified to section 300x-10

et seq. of this title, was repealed by Pub. L. 102-321, title II,

Sec. 201(2), July 10, 1992, 106 Stat. 378, and a new subpart 2 of

part B of subchapter XVII of this chapter, relating to block grants

for prevention and treatment of substance abuse, was added by

section 202 of Pub. L. 102-321 and classified to section 300x-21 et

seq. of this title.

-MISC1-

PRIOR PROVISIONS

A prior section 527 of act July 1, 1944, was renumbered section

548 by section 611(2) of Pub. L. 100-77 and is classified to

section 290ee-3 of this title.

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to description of intended expenditures of

grant for provisions relating to requirement of reports by States.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290cc-28 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-28. Requirement of reports by States

-STATUTE-

(a) In general

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees that, by not later than

January 31 of each fiscal year, the State will prepare and submit

to the Secretary a report in such form and containing such

information as the Secretary determines (after consultation with

the Administrator of the Substance Abuse and Mental Health Services

Administration) to be necessary for -

(1) securing a record and a description of the purposes for

which amounts received under section 290cc-21 of this title were

expended during the preceding fiscal year and of the recipients

of such amounts; and

(2) determining whether such amounts were expended in

accordance with the provisions of this part.

(b) Availability to public of reports

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved agrees to make copies of the

reports described in subsection (a) of this section available for

public inspection.

(c) Evaluations

The Administrator of the Substance Abuse and Mental Health

Services Administration shall evaluate at least once every 3 years

the expenditures of grants under this part by eligible entities in

order to ensure that expenditures are consistent with the

provisions of this part, and shall include in such evaluation

recommendations regarding changes needed in program design or

operations.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 528, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 520; amended Pub.

L. 100-607, title VIII, Sec. 812(b), Nov. 4, 1988, 102 Stat. 3170;

Pub. L. 100-628, title VI, Sec. 612(b), Nov. 7, 1988, 102 Stat.

3243; Pub. L. 100-690, title II, Sec. 2614(a), Nov. 18, 1988, 102

Stat. 4239; Pub. L. 101-93, Sec. 5(t)(1), Aug. 16, 1989, 103 Stat.

615; Pub. L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat.

4730; Pub. L. 102-321, title I, Sec. 163(a)(1), formerly Sec.

163(a)(2), July 10, 1992, 106 Stat. 375, renumbered Sec. 163(a)(1),

Pub. L. 102-352, Sec. 2(b)(2), Aug. 26, 1992, 106 Stat. 939; Pub.

L. 104-316, title I, Sec. 122(c), Oct. 19, 1996, 110 Stat. 3836.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-316, Sec. 122(c)(1), struck out

"the Comptroller General of the United States, and" after "(after

consultation with".

Subsec. (c). Pub. L. 104-316, Sec. 122(c)(2), struck out

"Comptroller General of the United States in cooperation with the"

before "Administrator" and struck out comma after "Administration".

1992 - Subsec. (a). Pub. L. 102-321, Sec. 163(a)(1)(A), as

renumbered by Pub. L. 102-352, substituted "and the Administrator

of the Substance Abuse and Mental Health Services Administration"

for "the National Institute of Mental Health, the National

Institute on Alcohol Abuse and Alcoholism, and the National

Institute on Drug Abuse".

Subsec. (c). Pub. L. 102-321, Sec. 163(a)(1)(B), as renumbered by

Pub. L. 102-352, substituted "Administrator of the Substance Abuse

and Mental Health Services Administration" for "National Institute

of Mental Health".

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to requirement of reports by States for

provisions relating to determination of amount of allotments.

1989 - Subsec. (a)(1). Pub. L. 101-93 directed that subsec.

(a)(1) of this section as similarly amended by title VIII of Pub.

L. 100-607 and title VI of Pub. L. 100-628 be amended to read as if

the amendments made by title VI of Pub. L. 100-628 had not been

enacted. See 1988 Amendment note below.

1988 - Subsec. (a)(1). Pub. L. 100-690 substituted "the

Commonwealth of the Northern Mariana Islands" for "the Northern

Mariana Islands".

Pub. L. 100-607 and Pub. L. 100-628 made identical amendments,

amending par. (1) generally. Prior to amendment, par. (1) read as

follows: "$275,000; and".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-690 effective immediately after

enactment of Pub. L. 100-607, which was approved Nov. 4, 1988, see

section 2600 of Pub. L. 100-690, set out as a note under section

242m of this title.

Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section

631 of Pub. L. 100-628, set out as a note under section 254e of

this title.

Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section

831 of Pub. L. 100-607, set out as a note under section 254e of

this title.

-End-

-CITE-

42 USC Sec. 290cc-29 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-29. Requirement of application

-STATUTE-

The Secretary may not make payments under section 290cc-21 of

this title unless the State involved -

(1) submits to the Secretary an application for the payments

containing agreements and information in accordance with this

part;

(2) the agreements are made through certification from the

chief executive officer of the State; and

(3) the application otherwise 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

part.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 529, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 520; amended Pub.

L. 100-607, title VIII, Sec. 811(b), Nov. 4, 1988, 102 Stat. 3170;

Pub. L. 100-628, title VI, Sec. 611(b), Nov. 7, 1988, 102 Stat.

3243; Pub. L. 101-93, Sec. 5(t)(1), Aug. 16, 1989, 103 Stat. 615;

Pub. L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4731.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to requirement of application for provisions

relating to conversion to State categorical program in event of

failure of State with respect to expending allotment.

1989 - Pub. L. 101-93 directed that this section as similarly

amended by title VIII of Pub. L. 100-607 and title VI of Pub. L.

100-628 be amended to read as if the amendments made by title VI of

Pub. L. 100-628 had not been enacted. See 1988 Amendment note

below.

1988 - Pub. L. 100-607 and Pub. L. 100-628 made identical

amendments, amending section generally by substituting present

provisions for provisions which had related to: in subsec. (a),

additional allotments for certain States; in subsec. (b),

description of funds; and in subsec. (c), determination of amount

of allotment.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section

631 of Pub. L. 100-628, set out as a note under section 254e of

this title.

Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section

831 of Pub. L. 100-607, set out as a note under section 254e of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290cc-21, 290cc-25,

290cc-26, 290cc-27, 290cc-31 of this title.

-End-

-CITE-

42 USC Sec. 290cc-30 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-30. Technical assistance

-STATUTE-

The Secretary, through the agencies of the Administration, shall

provide technical assistance to eligible entities in developing

planning and operating programs in accordance with the provisions

of this part.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 530, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 521; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4731; Pub.

L. 102-321, title I, Secs. 162(2), 163(a)(3), July 10, 1992, 106

Stat. 375; Pub. L. 102-352, Sec. 2(b)(2), Aug. 26, 1992, 106 Stat.

939.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-352 repealed Pub. L. 102-321, Sec. 163(a)(3),

which directed the substitution of "the Administrator of the

Substance Abuse and Mental Health Services Administration" for "the

National Institute of Mental Health, the National Institute on

Alcohol Abuse and Alcoholism, and the National Institute on Drug

Abuse".

Pub. L. 102-321, Sec. 162(2), which directed the substitution of

"through the agencies of the Administration" for "through the

National" and all that follows through "Abuse", was executed by

making the substitution for "through the National Institute of

Mental Health, the National Institute of Alcohol Abuse and

Alcoholism, and the National Institute on Drug Abuse" to reflect

the probable intent of Congress.

1990 - Pub. L. 101-645 amended section generally, substituting

provision relating to technical assistance for provision relating

to disbursement and availability of funds.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-End-

-CITE-

42 USC Sec. 290cc-31 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-31. Failure to comply with agreements

-STATUTE-

(a) Repayment of payments

(1) The Secretary may, subject to subsection (c) of this section,

require a State to repay any payments received by the State under

section 290cc-21 of this title that the Secretary determines were

not expended by the State in accordance with the agreements

required to be contained in the application submitted by the State

pursuant to section 290cc-29 of this title.

(2) If a State fails to make a repayment required in paragraph

(1), the Secretary may offset the amount of the repayment against

the amount of any payment due to be paid to the State under section

290cc-21 of this title.

(b) Withholding of payments

(1) The Secretary may, subject to subsection (c) of this section,

withhold payments due under section 290cc-21 of this title if the

Secretary determines that the State involved is not expending

amounts received under such section in accordance with the

agreements required to be contained in the application submitted by

the State pursuant to section 290cc-29 of this title.

(2) The Secretary shall cease withholding payments from a State

under paragraph (1) if the Secretary determines that there are

reasonable assurances that the State will expend amounts received

under section 290cc-21 of this title in accordance with the

agreements referred to in such paragraph.

(3) The Secretary may not withhold funds under paragraph (1) from

a State for a minor failure to comply with the agreements referred

to in such paragraph.

(c) Opportunity for hearing

Before requiring repayment of payments under subsection (a)(1) of

this section, or withholding payments under subsection (b)(1) of

this section, the Secretary shall provide to the State an

opportunity for a hearing.

(d) Rule of construction

Notwithstanding any other provision of this part, a State

receiving payments under section 290cc-21 of this title may not,

with respect to any agreements required to be contained in the

application submitted under section 290cc-29 of this title, be

considered to be in violation of any such agreements by reason of

the fact that the State, in the regular course of providing

services under section 290cc-22(b) of this title to eligible

homeless individuals, incidentally provides services to homeless

individuals who are not eligible homeless individuals.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 531, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 521; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4731.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to failure to comply with agreements for

provision relating to technical assistance.

-End-

-CITE-

42 USC Sec. 290cc-32 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-32. Prohibition against certain false statements

-STATUTE-

(a) In general

(1) A person may not knowingly make or cause to be made any false

statement or representation of a material fact in connection with

the furnishing of items or services for which amounts may be paid

by a State from payments received by the State under section

290cc-21 of this title.

(2) A person with knowledge of the occurrence of any event

affecting the right of the person to receive any amounts from

payments made to the State under section 290cc-21 of this title may

not conceal or fail to disclose any such event with the intent of

securing such an amount that the person is not authorized to

receive or securing such an amount in an amount greater than the

amount the person is authorized to receive.

(b) Criminal penalty for violation of prohibition

Any person who violates a prohibition established in subsection

(a) of this section may for each violation be fined in accordance

with title 18 or imprisoned for not more than 5 years, or both.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 532, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 521; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4732.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to prohibition against certain false statements

for provisions relating to failure to comply with agreements.

-End-

-CITE-

42 USC Sec. 290cc-33 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-33. Nondiscrimination

-STATUTE-

(a) In general

(1) Rule of construction regarding certain civil rights laws

For the purpose of applying the prohibitions against

discrimination on the basis of age under the Age Discrimination

Act of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap

under section 504 of the Rehabilitation Act of 1973 [29 U.S.C.

794], on the basis of sex under title IX of the Education

Amendments of 1972 [20 U.S.C. 1681 et seq.], or on the basis of

race, color, or national origin under title VI of the Civil

Rights Act of 1964 [42 U.S.C. 2000d et seq.], programs and

activities funded in whole or in part with funds made available

under section 290cc-21 of this title shall be considered to be

programs and activities receiving Federal financial assistance.

(2) Prohibition

No person shall on the ground of sex or religion be excluded

from participation in, be denied the benefits of, or be subjected

to discrimination under, any program or activity funded in whole

or in part with funds made available under section 290cc-21 of

this title.

(b) Enforcement

(1) Referrals to Attorney General after notice

Whenever the Secretary finds that a State, or an entity that

has received a payment pursuant to section 290cc-21 of this

title, has failed to comply with a provision of law referred to

in subsection (a)(1) of this section, with subsection (a)(2) of

this section, or with an applicable regulation (including one

prescribed to carry out subsection (a)(2) of this section), the

Secretary shall notify the chief executive officer of the State

and shall request the chief executive officer to secure

compliance. If within a reasonable period of time, not to exceed

60 days, the chief executive officer fails or refuses to secure

compliance, the Secretary may -

(A) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted;

(B) exercise the powers and functions provided by the Age

Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], section

504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX

of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.],

or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et

seq.], as may be applicable; or

(C) take such other actions as may be authorized by law.

(2) Authority of Attorney General

When a matter is referred to the Attorney General pursuant to

paragraph (1)(A), or whenever the Attorney General has reason to

believe that a State or an entity is engaged in a pattern or

practice in violation of a provision of law referred to in

subsection (a)(1) of this section or in violation of subsection

(a)(2) of this section, the Attorney General may bring a civil

action in any appropriate district court of the United States for

such relief as may be appropriate, including injunctive relief.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 533, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 522; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4732.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsecs.

(a)(1) and (b)(1)(B), is title III of Pub. L. 94-135, Nov. 28,

1975, 89 Stat. 728, as amended, which is classified generally to

chapter 76 (Sec. 6101 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6101 of this title and Tables.

The Education Amendments of 1972, referred to in subsecs. (a)(1)

and (b)(1)(B), is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as

amended. Title IX of the Act, known as the Patsy Takemoto Mink

Equal Opportunity in Education Act, is classified principally to

chapter 38 (Sec. 1681 et seq.) of Title 20, Education. For complete

classification of title IX to the Code, see Short Title note set

out under section 1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and

(b)(1)(B), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as

amended. Title VI of the Civil Rights Act of 1964 is classified

generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2000a of this title and

Tables.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to nondiscrimination for provision relating to

establishment of prohibition against making certain false

statements.

-End-

-CITE-

42 USC Sec. 290cc-34 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-34. Definitions

-STATUTE-

For purposes of this part:

(1) Eligible homeless individual

The term "eligible homeless individual" means an individual

described in section 290cc-22(a) of this title.

(2) Homeless individual

The term "homeless individual" has the meaning given such term

in section 254b(h)(5) of this title.

(3) State

The term "State" means each of the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(4) Substance abuse

The term "substance abuse" means the abuse of alcohol or other

drugs.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 534, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 522; amended Pub.

L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4733; Pub.

L. 107-251, title VI, Sec. 601(b), Oct. 26, 2002, 116 Stat. 1665.)

-MISC1-

AMENDMENTS

2002 - Par. (2). Pub. L. 107-251 substituted "254b(h)(5) " for

"256(r)".

1990 - Pub. L. 101-645 amended section generally, substituting

provisions relating to definitions for provisions relating to

nondiscrimination.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 254b of this title.

-End-

-CITE-

42 USC Sec. 290cc-35 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part C - Projects for Assistance in Transition From Homelessness

-HEAD-

Sec. 290cc-35. Funding

-STATUTE-

(a) Authorization of appropriations

For the purpose of carrying out this part, there is authorized to

be appropriated $75,000,000 for each of the fiscal years 2001

through 2003.

(b) Effect of insufficient appropriations for minimum allotments

(1) In general

If the amounts made available under subsection (a) of this

section for a fiscal year are insufficient for providing each

State with an allotment under section 290cc-21 of this title of

not less than the applicable amount under section 290cc-24(a)(1)

of this title, the Secretary shall, from such amounts as are made

available under such subsection, make grants to the States for

providing to eligible homeless individuals the services specified

in section 290cc-22(b) of this title.

(2) Rule of construction

Paragraph (1) may not be construed to require the Secretary to

make a grant under such paragraph to each State.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 535, as added Pub. L. 100-77,

title VI, Sec. 611(3), July 22, 1987, 101 Stat. 523; amended Pub.

L. 100-607, title VIII, Sec. 811(a), Nov. 4, 1988, 102 Stat. 3169;

Pub. L. 100-628, title VI, Sec. 611(a), Nov. 7, 1988, 102 Stat.

3242; Pub. L. 101-93, Sec. 5(t)(1), Aug. 16, 1989, 103 Stat. 615;

Pub. L. 101-645, title V, Sec. 511, Nov. 29, 1990, 104 Stat. 4733;

Pub. L. 106-310, div. B, title XXXII, Sec. 3203(b), Oct. 17, 2000,

114 Stat. 1191.)

-MISC1-

PRIOR PROVISIONS

A prior section 290cc-36, act July 1, 1944, ch. 373, title V,

Sec. 536, as added July 22, 1987, Pub. L. 100-77, title VI, Sec.

611(3), 101 Stat. 523, and amended Nov. 4, 1988, Pub. L. 100-607,

title VIII, Secs. 802(b)(3), 812(a), 102 Stat. 3169, 3170; Nov. 7,

1988, Pub. L. 100-628, title VI, Secs. 602(b)(3), 612(a), 102 Stat.

3242, 3243; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2614(b),

102 Stat. 4239; Aug. 16, 1989, Pub. L. 101-93, Sec. 5(t)(1), 103

Stat. 615, defined terms used in this part, prior to the general

revision of this part by Pub. L. 101-645.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-310 substituted "fiscal years

2001 through 2003" for "fiscal years 1991 through 1994".

1990 - Pub. L. 101-645 amended section generally, substituting

present provisions for similar provisions authorizing

appropriations and providing for minimum allotments.

1989 - Pub. L. 101-93 directed that this section as similarly

amended by title VIII of Pub. L. 100-607 and title VI of Pub. L.

100-628 be amended to read as if the amendments made by title VI of

Pub. L. 100-628 had not been enacted. See 1988 Amendment note

below.

1988 - Pub. L. 100-607 and Pub. L. 100-628 made identical

amendments, amending section generally. Prior to amendment, section

read as follows: "There are authorized to be appropriated to carry

out this part $35,000,000 for fiscal year 1987 and such sums as may

be necessary for fiscal year 1988."

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section

631 of Pub. L. 100-628, set out as a note under section 254e of

this title.

Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section

831 of Pub. L. 100-607, set out as a note under section 254e of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290cc-24 of this title.

-End-

-CITE-

42 USC Part D - Miscellaneous Provisions Relating to

Substance Abuse and Mental Health 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part D - Miscellaneous Provisions Relating to Substance Abuse and

Mental Health

-HEAD-

PART D - MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND

MENTAL HEALTH

-End-

-CITE-

42 USC Sec. 290dd 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part D - Miscellaneous Provisions Relating to Substance Abuse and

Mental Health

-HEAD-

Sec. 290dd. Substance abuse among government and other employees

-STATUTE-

(a) Programs and services

(1) Development

The Secretary, acting through the Administrator of the

Substance Abuse and Mental Health Services Administration, shall

be responsible for fostering substance abuse prevention and

treatment programs and services in State and local governments

and in private industry.

(2) Model programs

(A) In general

Consistent with the responsibilities described in paragraph

(1), the Secretary, acting through the Administrator of the

Substance Abuse and Mental Health Services Administration,

shall develop a variety of model programs suitable for

replication on a cost-effective basis in different types of

business concerns and State and local governmental entities.

(B) Dissemination of information

The Secretary, acting through the Administrator of the

Substance Abuse and Mental Health Services Administration,

shall disseminate information and materials relative to such

model programs to the State agencies responsible for the

administration of substance abuse prevention, treatment, and

rehabilitation activities and shall, to the extent feasible

provide technical assistance to such agencies as requested.

(b) Deprivation of employment

(1) Prohibition

No person may be denied or deprived of Federal civilian

employment or a Federal professional or other license or right

solely on the grounds of prior substance abuse.

(2) Application

This subsection shall not apply to employment in -

(A) the Central Intelligence Agency;

(B) the Federal Bureau of Investigation;

(C) the National Security Agency;

(D) any other department or agency of the Federal Government

designated for purposes of national security by the President;

or

(E) in any position in any department or agency of the

Federal Government, not referred to in subparagraphs (A)

through (D), which position is determined pursuant to

regulations prescribed by the head of such agency or department

to be a sensitive position.

(3) Rehabilitation Act

The inapplicability of the prohibition described in paragraph

(1) to the employment described in paragraph (2) shall not be

construed to reflect on the applicability of the Rehabilitation

Act of 1973 [29 U.S.C. 701 et seq.] or other anti-discrimination

laws to such employment.

(c) Construction

This section shall not be construed to prohibit the dismissal

from employment of a Federal civilian employee who cannot properly

function in his employment.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 541, formerly Pub. L. 91-616,

title III, Sec. 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub.

L. 92-554, Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93-282, title I,

Sec. 105(a), May 14, 1974, 88 Stat. 127; Pub. L. 94-371, Sec. 3(a),

July 26, 1976, 90 Stat. 1035; Pub. L. 96-180, Sec. 7, Jan. 2, 1980,

93 Stat. 1303; Pub. L. 97-35, title IX, Sec. 962(a), Aug. 13, 1981,

95 Stat. 592; renumbered Sec. 520 of act July 1, 1944, and amended

Pub. L. 98-24, Sec. 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L.

98-509, title III, Sec. 301(c)(2), Oct. 19, 1984, 98 Stat. 2364;

renumbered Sec. 541, Pub. L. 100-77, title VI, Sec. 611(2), July

22, 1987, 101 Stat. 516; Pub. L. 100-607, title VIII, Sec. 813(2),

Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100-628, title VI, Sec.

613(2), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 101-93, Sec. 5(t)(1),

Aug. 16, 1989, 103 Stat. 615; Pub. L. 102-321, title I, Sec. 131,

July 10, 1992, 106 Stat. 366.)

-REFTEXT-

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is

Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is

classified principally to chapter 16 (Sec. 701 et seq.) of Title

29, Labor. For complete classification of this Act to the Code, see

Short Title note set out under section 701 of Title 29 and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 4571 of this title

prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-321 amended section generally, substituting

provisions relating to substance abuse among government and other

employees for provisions relating to technical assistance to States

relative to alcohol abuse and alcoholism programs.

1989 - Subsec. (a)(4). Pub. L. 101-93 directed that subsec.

(a)(4) of this section as similarly amended by title VIII of Pub.

L. 100-607 and title VI of Pub. L. 100-628 be amended to read as if

the amendments made by title VI of Pub. L. 100-628 had not been

enacted. See 1988 Amendment note below.

1988 - Subsec. (a)(4). Pub. L. 100-607 and Pub. L. 100-628 made

identical technical amendments to reference to section 290dd-2 of

this title to reflect renumbering of corresponding section of

original act.

1984 - Pub. L. 98-509 amended directory language of Pub. L.

98-24, Sec. 2(b)(13). See 1983 Amendment note below.

1983 - Pub. L. 98-24, Sec. 2(b)(13), as amended by Pub. L. 98-509

renumbered section 4571 of this title as this section.

Subsec. (a). Pub. L. 98-24, Sec. 2(b)(13)(A)(i), substituted "the

National Institute on Alcohol Abuse and Alcoholism" for "the

Institute".

Subsec. (a)(4). Pub. L. 98-24, Sec. 2(b)(13)(A)(ii), substituted

"section 290dd-2 of this title" for "section 4581 of this title".

Subsec. (b). Pub. L. 98-24, Sec. 2(b)(13)(A)(iii), substituted

"this subchapter" for references to "this chapter", meaning chapter

60 (Sec. 4541 et seq.) of this title, and the Drug Abuse

Prevention, Treatment, and Rehabilitation Act [21 U.S.C. 1101 et

seq.].

1981 - Pub. L. 97-35 restructured provisions and substituted

provisions relating to technical assistance for enumerated

activities, and improvement of coordination with Drug Abuse

Prevention, Treatment, and Rehabilitation Act, for provisions

authorizing appropriations through fiscal year ending Sept. 30,

1981, for covered activities.

1980 - Pub. L. 96-180 authorized appropriation of $60,000,000 and

$65,000,000 for fiscal years ending Sept. 30, 1980, and 1981.

1976 - Pub. L. 94-371 struck out "and" after "1975" and inserted

provisions authorizing $70,000,000 to be appropriated for fiscal

year ending Sept. 30, 1977, $77,000,000 to be appropriated for

fiscal year ending Sept. 30, 1978, and $85,000,000 to be

appropriated for fiscal year ending Sept. 30, 1979.

1974 - Pub. L. 93-282 authorized appropriation of $80,000,000 for

fiscal years ending June 30, 1975 and June 30, 1976.

1972 - Pub. L. 92-554 substituted "for each of the next two

fiscal years" for "for the fiscal year ending June 30, 1973".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-628 effective Nov. 7, 1988, see section

631 of Pub. L. 100-628, set out as a note under section 254e of

this title.

Amendment by Pub. L. 100-607 effective Nov. 4, 1988, see section

831 of Pub. L. 100-607, set out as a note under section 254e of

this title.

-End-

-CITE-

42 USC Sec. 290dd-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part D - Miscellaneous Provisions Relating to Substance Abuse and

Mental Health

-HEAD-

Sec. 290dd-1. Admission of substance abusers to private and public

hospitals and outpatient facilities

-STATUTE-

(a) Nondiscrimination

Substance abusers who are suffering from medical conditions shall

not be discriminated against in admission or treatment, solely

because of their substance abuse, by any private or public general

hospital, or outpatient facility (as defined in section 300s-3(4)

of this title) which receives support in any form from any program

supported in whole or in part by funds appropriated to any Federal

department or agency.

(b) Regulations

(1) In general

The Secretary shall issue regulations for the enforcement of

the policy of subsection (a) of this section with respect to the

admission and treatment of substance abusers in hospitals and

outpatient facilities which receive support of any kind from any

program administered by the Secretary. Such regulations shall

include procedures for determining (after opportunity for a

hearing if requested) if a violation of subsection (a) of this

section has occurred, notification of failure to comply with such

subsection, and opportunity for a violator to comply with such

subsection. If the Secretary determines that a hospital or

outpatient facility subject to such regulations has violated

subsection (a) of this section and such violation continues after

an opportunity has been afforded for compliance, the Secretary

may suspend or revoke, after opportunity for a hearing, all or

part of any support of any kind received by such hospital from

any program administered by the Secretary. The Secretary may

consult with the officials responsible for the administration of

any other Federal program from which such hospital or outpatient

facility receives support of any kind, with respect to the

suspension or revocation of such other Federal support for such

hospital or outpatient facility.

(2) Department of Veterans Affairs

The Secretary of Veterans Affairs, acting through the Under

Secretary for Health, shall, to the maximum feasible extent

consistent with their responsibilities under title 38, prescribe

regulations making applicable the regulations prescribed by the

Secretary under paragraph (1) to the provision of hospital care,

nursing home care, domiciliary care, and medical services under

such title 38 to veterans suffering from substance abuse. In

prescribing and implementing regulations pursuant to this

paragraph, the Secretary shall, from time to time, consult with

the Secretary of Health and Human Services in order to achieve

the maximum possible coordination of the regulations, and the

implementation thereof, which they each prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 542, formerly Pub. L. 91-616,

title II, Sec. 201, Dec. 31, 1970, 84 Stat. 1849, as amended Pub.

L. 96-180, Sec. 6(a), (b)(1), (2)(B), Jan. 2, 1980, 93 Stat. 1302,

1303; Pub. L. 97-35, title IX, Secs. 961, 966(d), (e), Aug. 13,

1981, 95 Stat. 592, 595; renumbered Sec. 521 of act July 1, 1944,

and amended Pub. L. 98-24, Sec. 2(b)(13), Apr. 26, 1983, 97 Stat.

181; Pub. L. 98-509, title III, Sec. 301(c)(2), Oct. 19, 1984, 98

Stat. 2364; Pub. L. 99-570, title VI, Sec. 6002(b)(1), Oct. 27,

1986, 100 Stat. 3207-158; renumbered Sec. 542, Pub. L. 100-77,

title VI, Sec. 611(2), July 22, 1987, 101 Stat. 516; Pub. L.

102-321, title I, Sec. 131, July 10, 1992, 106 Stat. 368; Pub. L.

103-446, title XII, Sec. 1203(a)(2), Nov. 2, 1994, 108 Stat. 4689.)

-COD-

CODIFICATION

Section was formerly classified to section 4561 of this title

prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-446 substituted "Under

Secretary for Health" for "Chief Medical Director".

1992 - Pub. L. 102-321 amended section generally, substituting

provisions relating to admission of substance abusers to private

and public hospitals and outpatient facilities for provisions

relating to programs for government and other employees.

1986 - Subsec. (a). Pub. L. 99-570, Sec. 6002(b)(1), redesignated

subsec. (b) as (a), struck out "similar" after "fostering and

encouraging" in par. (1), and struck out former subsec. (a) which

read as follows: "The Office of Personnel Management shall be

responsible for developing and maintaining, in cooperation with the

Secretary and with other Federal agencies and departments, and in

accordance with the provisions of subpart F of part III of title 5,

appropriate prevention, treatment, and rehabilitation programs and

services for alcohol abuse and alcoholism among Federal civilian

employees, consistent with the purposes of this chapter. Such

agencies and departments are encouraged to extend, to the extent

feasible, these programs and services to the families of alcoholic

employees and to employees who have family members who are

alcoholics. Such policies and services shall make optimal use of

existing governmental facilities, services, and skills."

Subsecs. (b) to (d). Pub. L. 99-570, Sec. 6002(b)(1)(C),

redesignated subsecs. (c) and (d) as (b) and (c), respectively.

Former subsec. (b) redesignated (a).

1984 - Pub. L. 98-509 amended directory language of Pub. L.

98-24, Sec. 2(b)(13). See 1983 Amendment note below.

1983 - Pub. L. 98-24, Sec. 2(b)(13), as amended by Pub. L.

98-509, renumbered section 4561 of this title as this section.

Subsec. (b)(4). Pub. L. 98-24, Sec. 2(b)(13)(B)(i), substituted

"section 290ee-1 of this title" for "section 1180(b) of title 21".

Subsec. (d). Pub. L. 98-24, Sec. 2(b)(13)(B)(ii), substituted

"this section" for "this subchapter", meaning subchapter II (Sec.

4561 et seq.) of chapter 60 of this title.

1981 - Subsec. (b). Pub. L. 97-35, Secs. 961, 966(d), made

changes in nomenclature, and substituted provisions relating to

responsible State administrative agencies, for provisions relating

to single State agencies designated pursuant to section 4573 of

this title.

1980 - Pub. L. 96-180, Sec. 6(b)(2)(A), amended section

catchline.

Subsec. (a). Pub. L. 96-180, Sec. 6(a), substituted "Office of

Personnel Management" for "Civil Service Commission" and inserted

provisions that require compliance with provisions of subpart F of

part III of title 5 and encourage agencies and departments to

extend the programs and services to the families of alcoholic

employees and to employees who have family members who are

alcoholics.

Subsec. (b). Pub. L. 96-180, Sec. 6(b)(1), designated existing

provisions as par. (1), made the Secretary responsible for

encouragement of programs and services, required the programs and

services to be designed for application to families of employees

and to employees who have family members who are alcoholics, and

added pars. (2) to (4).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290aa of this title.

-End-

-CITE-

42 USC Sec. 290dd-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part D - Miscellaneous Provisions Relating to Substance Abuse and

Mental Health

-HEAD-

Sec. 290dd-2. Confidentiality of records

-STATUTE-

(a) Requirement

Records of the identity, diagnosis, prognosis, or treatment of

any patient which are maintained in connection with the performance

of any program or activity relating to substance abuse education,

prevention, training, treatment, rehabilitation, or research, which

is conducted, regulated, or directly or indirectly assisted by any

department or agency of the United States shall, except as provided

in subsection (e) of this section, be confidential and be disclosed

only for the purposes and under the circumstances expressly

authorized under subsection (b) of this section.

(b) Permitted disclosure

(1) Consent

The content of any record referred to in subsection (a) of this

section may be disclosed in accordance with the prior written

consent of the patient with respect to whom such record is

maintained, but only to such extent, under such circumstances,

and for such purposes as may be allowed under regulations

prescribed pursuant to subsection (g) of this section.

(2) Method for disclosure

Whether or not the patient, with respect to whom any given

record referred to in subsection (a) of this section is

maintained, gives written consent, the content of such record may

be disclosed as follows:

(A) To medical personnel to the extent necessary to meet a

bona fide medical emergency.

(B) To qualified personnel for the purpose of conducting

scientific research, management audits, financial audits, or

program evaluation, but such personnel may not identify,

directly or indirectly, any individual patient in any report of

such research, audit, or evaluation, or otherwise disclose

patient identities in any manner.

(C) If authorized by an appropriate order of a court of

competent jurisdiction granted after application showing good

cause therefor, including the need to avert a substantial risk

of death or serious bodily harm. In assessing good cause the

court shall weigh the public interest and the need for

disclosure against the injury to the patient, to the

physician-patient relationship, and to the treatment services.

Upon the granting of such order, the court, in determining the

extent to which any disclosure of all or any part of any record

is necessary, shall impose appropriate safeguards against

unauthorized disclosure.

(c) Use of records in criminal proceedings

Except as authorized by a court order granted under subsection

(b)(2)(C) of this section, no record referred to in subsection (a)

of this section may be used to initiate or substantiate any

criminal charges against a patient or to conduct any investigation

of a patient.

(d) Application

The prohibitions of this section continue to apply to records

concerning any individual who has been a patient, irrespective of

whether or when such individual ceases to be a patient.

(e) Nonapplicability

The prohibitions of this section do not apply to any interchange

of records -

(1) within the Uniformed Services or within those components of

the Department of Veterans Affairs furnishing health care to

veterans; or

(2) between such components and the Uniformed Services.

The prohibitions of this section do not apply to the reporting

under State law of incidents of suspected child abuse and neglect

to the appropriate State or local authorities.

(f) Penalties

Any person who violates any provision of this section or any

regulation issued pursuant to this section shall be fined in

accordance with title 18.

(g) Regulations

Except as provided in subsection (h) of this section, the

Secretary shall prescribe regulations to carry out the purposes of

this section. Such regulations may contain such definitions, and

may provide for such safeguards and procedures, including

procedures and criteria for the issuance and scope of orders under

subsection (b)(2)(C) of this section, as in the judgment of the

Secretary are necessary or proper to effectuate the purposes of

this section, to prevent circumvention or evasion thereof, or to

facilitate compliance therewith.

(h) Application to Department of Veterans Affairs

The Secretary of Veterans Affairs, acting through the Under

Secretary for Health, shall, to the maximum feasible extent

consistent with their responsibilities under title 38, prescribe

regulations making applicable the regulations prescribed by the

Secretary of Health and Human Services under subsection (g) of this

section to records maintained in connection with the provision of

hospital care, nursing home care, domiciliary care, and medical

services under such title 38 to veterans suffering from substance

abuse. In prescribing and implementing regulations pursuant to this

subsection, the Secretary of Veterans Affairs shall, from time to

time, consult with the Secretary of Health and Human Services in

order to achieve the maximum possible coordination of the

regulations, and the implementation thereof, which they each

prescribe.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 543, formerly Pub. L. 91-616,

title III, Sec. 321, Dec. 31, 1970, 84 Stat. 1852, as amended Pub.

L. 93-282, title I, Sec. 121(a), May 14, 1974, 88 Stat. 130; Pub.

L. 94-371, Sec. 11(a), (b), July 26, 1976, 90 Stat. 1041; Pub. L.

94-581, title I, Sec. 111(c)(1), Oct. 21, 1976, 90 Stat. 2852;

renumbered Sec. 522 of act July 1, 1944, and amended Pub. L. 98-24,

Sec. 2(b)(13), Apr. 26, 1983, 97 Stat. 181; renumbered Sec. 543,

Pub. L. 100-77, title VI, Sec. 611(2), July 22, 1987, 101 Stat.

516; Pub. L. 102-321, title I, Sec. 131, July 10, 1992, 106 Stat.

368; Pub. L. 102-405, title III, Sec. 302(e)(1), Oct. 9, 1992, 106

Stat. 1985; Pub. L. 105-392, title IV, Sec. 402(c), Nov. 13, 1998,

112 Stat. 3588.)

-COD-

CODIFICATION

Section was formerly classified to section 4581 of this title

prior to renumbering by Pub. L. 98-24.

-MISC1-

AMENDMENTS

1998 - Subsec. (e)(1), (2). Pub. L. 105-392 substituted

"Uniformed Services" for "Armed Forces".

1992 - Pub. L. 102-405 substituted "Under Secretary for Health"

for "Chief Medical Director" in subsec. (h).

Pub. L. 102-321 amended section generally, substituting

provisions relating to confidentiality of records for provisions

relating to admission of alcohol abusers and alcoholics to general

hospitals and outpatient facilities.

1983 - Pub. L. 98-24, Sec. 2(b)(13), renumbered section 4581 of

this title as this section.

Subsec. (a). Pub. L. 98-24, Sec. 2(b)(13)(C), made a technical

amendment to reference to section 300s-3 of this title.

1976 - Subsec. (a). Pub. L. 94-371, Sec. 11(a), inserted ", or

outpatient facility (as defined in section 300s-3(6) of this

title)" after "hospital".

Subsec. (b)(1). Pub. L. 94-371, Sec. 11(b), inserted "and

outpatient facilities" after "hospitals", and "or outpatient

facility" after "hospital" wherever appearing, and substituted

"shall issue regulations not later than December 31, 1976" for "is

authorized to make regulations".

Subsec. (b)(2). Pub. L. 94-581 provided that subsec. (b)(2),

which directed the Administrator of Veteran's Affairs, through the

Chief Medical Director, to prescribe regulations making applicable

the regulations prescribed by the Secretary under subsec. (b)(1) to

the provision of hospital care, nursing home care, domiciliary

care, and medical services under title 38 to veterans suffering

from alcohol abuse or alcoholism and to consult with the Secretary

in order to achieve the maximum possible coordination of the

regulations, and the implementation thereof, which they each

prescribed, was superseded by section 4131 [now 7331] et seq. of

Title 38, Veterans' Benefits.

1974 - Subsec. (a). Pub. L. 93-282, in revising text, prohibited

discrimination because of alcohol abuse, substituted provisions

respecting eligibility for admission and treatment based on

suffering from medical conditions for former provision based on

medical need and ineligibility, because of discrimination, for

support in any form from any program supported in whole or in part

by funds appropriated to any Federal department or agency for

former requirement for treatment by a general hospital which

received Federal funds, and deleted prohibition against receiving

Federal financial assistance for violation of section and for

termination of Federal assistance on failure to comply, now

incorporated in regulation authorization of subsec. (b) of this

section.

Subsec. (b). Pub. L. 93-282 substituted provisions respecting

issuance of regulations by the Secretary concerning enforcement

procedures and suspension or revocation of Federal support and by

the Administrator concerning applicable regulations for veterans,

and for coordination of the respective regulations for former

provisions respecting judicial review.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with

provision for programs providing financial assistance, see section

801(c), (d) of Pub. L. 102-321, set out as a note under section 236

of this title.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section

211 of Pub. L. 94-581, set out as a note under section 111 of Title

38, Veterans' Benefits.

REPORT OF ADMINISTRATOR OF VETERANS' AFFAIRS TO CONGRESSIONAL

COMMITTEES; PUBLICATION IN FEDERAL REGISTER

Section 121(b) of Pub. L. 93-282, which directed Administrator of

Veterans' Affairs to submit to appropriate committees of House of

Representatives and Senate a full report (1) on regulations

(including guidelines, policies, and procedures thereunder) he had

prescribed pursuant to section 321(b)(2) of Comprehensive Alcohol

Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act

of 1970 [former subsec. (b)(2) of this section], (2) explaining

bases for any inconsistency between such regulations and

regulations of Secretary under section 321(b)(1) of such Act

[subsec. (b)(1) of this section], (3) on extent, substance, and

results of his consultations with Secretary respecting prescribing

and implementation of Administrator's regulations, and (4)

containing such recommendations for legislation and administrative

actions as he determined were necessary and desirable, with

Administrator to submit report not later than sixty days after

effective date of regulations prescribed by Secretary under such

section 321(b)(1) [subsec. (b)(1) of this section], and to publish

such report in Federal Register, was characterized by section

111(c)(5) of Pub. L. 94-581 as having been superseded by section

4134 [now 7334] of Title 38, Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290aa, 1437d of this

title.

-End-

-CITE-

42 USC Secs. 290dd-3 to 290ee-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part D - Miscellaneous Provisions Relating to Substance Abuse and

Mental Health

-HEAD-

Secs. 290dd-3 to 290ee-3. Omitted

-COD-

CODIFICATION

Sections 290dd-3 to 290ee-3 were omitted in the general revision

of this part by Pub. L. 102-321.

Section 290dd-3, act July 1, 1944, ch. 373, title V, Sec. 544,

formerly Pub. L. 91-616, title III, Sec. 333, Dec. 31, 1970, 84

Stat. 1853, as amended Pub. L. 93-282, title I, Sec. 122(a), May

14, 1974, 88 Stat. 131; Pub. L. 94-581, title I, Sec. 111(c)(4),

Oct. 21, 1976, 90 Stat. 2852; renumbered Sec. 523 of act July 1,

1944, Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(13), 97 Stat. 181;

Aug. 27, 1986, Pub. L. 99-401, title I, Sec. 106(a), 100 Stat. 907;

renumbered Sec. 544, July 22, 1987, Pub. L. 100-77, title VI, Sec.

611(2), 101 Stat. 516; June 13, 1991, Pub. L. 102-54, Sec.

13(q)(1)(A)(ii), 105 Stat. 278, related to confidentiality of

patient records for alcohol abuse and alcoholism programs. See

section 290dd-2 of this title.

Section 290ee, act July 1, 1944, ch. 373, title V, Sec. 545,

formerly Pub. L. 92-255, title V, Sec. 502, as added Pub. L.

94-237, Sec. 12(b)(1), Mar. 19, 1976, 90 Stat. 247, and amended

Pub. L. 95-461, Sec. 5, Oct. 14, 1978, 92 Stat. 1269; Pub. L.

96-181, Sec. 11, Jan. 2, 1980, 93 Stat. 1315; renumbered Sec. 524

of act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(15), 97 Stat. 181; renumbered Sec. 545, July 22, 1987, Pub. L.

100-77, title VI, Sec. 611(2), 101 Stat. 516; Nov. 4, 1988, Pub. L.

100-607, title VIII, Sec. 813(3), 102 Stat. 3170; Nov. 7, 1988,

Pub. L. 100-628, title VI, Sec. 613(3), 102 Stat. 3243; Aug. 16,

1989, Pub. L. 101-93, Sec. 5(t)(1), 103 Stat. 615, related to

technical assistance to State and local agencies by National

Institute on Drug Abuse.

Section 290ee-1, act July 1, 1944, ch. 373, title V, Sec. 546,

formerly Pub. L. 92-255, title IV, Sec. 413, Mar. 21, 1972, 86

Stat. 84, as amended Pub. L. 96-181, Sec. 8(a), (b)(1), Jan. 2,

1980, 93 Stat. 1313, 1314; Pub. L. 97-35, title IX, Sec. 973(e),

Aug. 13, 1981, 95 Stat. 598; renumbered Sec. 525 of act July 1,

1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(16)(A),

97 Stat. 182; Oct. 27, 1986, Pub. L. 99-570, title VI, Sec.

6002(b)(2), 100 Stat. 3207-159; renumbered Sec. 546, July 22, 1987,

Pub. L. 100-77, title VI, Sec. 611(2), 101 Stat. 516; Nov. 4, 1988,

Pub. L. 100-607, title VIII, Sec. 813(4), 102 Stat. 3171; Nov. 7,

1988, Pub. L. 100-628, title VI, Sec. 613(4), 102 Stat. 3243; Aug.

16, 1989, Pub. L. 101-93, Sec. 5(t)(1), 103 Stat. 615, related to

drug abuse among government and other employees.

Section 290ee-2, act July 1, 1944, ch. 373, title V, Sec. 547,

formerly Pub. L. 92-255, title IV, Sec. 407, Mar. 21, 1972, 86

Stat. 78, as amended Pub. L. 94-237, Sec. 6(a), Mar. 19, 1976, 90

Stat. 244; Pub. L. 94-581, title I, Sec. 111(c)(2), Oct. 21, 1976,

90 Stat. 2852; renumbered Sec. 526 of act July 1, 1944, Apr. 26,

1983. Pub. L. 98-24, Sec. 2(b)(16)(B), 97 Stat. 182; renumbered

Sec. 547, July 22, 1987, Pub. L. 100-77, title VI, Sec. 611(2), 101

Stat. 516, related to admission of drug abusers to private and

public hospitals.

Section 290ee-3, act July 1, 1944, ch. 373, title V, Sec. 548,

formerly Pub. L. 92-255, title IV, Sec. 408, Mar. 21, 1972, 86

Stat. 79, as amended Pub. L. 93-282, title III, Sec. 303(a), (b),

May 14, 1974, 88 Stat. 137, 138; Pub. L. 94-237, Sec. 4(c)(5)(A),

Mar. 19, 1976, 90 Stat. 244; Pub. L. 94-581, title I, Sec.

111(c)(3), Oct. 21, 1976, 90 Stat. 2852; Pub. L. 97-35, title IX,

Sec. 973(d), Aug. 13, 1981, 95 Stat. 598; renumbered Sec. 527 of

act July 1, 1944, and amended Apr. 26, 1983, Pub. L. 98-24, Sec.

2(b)(16)(B), 97 Stat. 182; Aug. 27, 1986, Pub. L. 99-401, title I,

Sec. 106(b), 100 Stat. 907; renumbered Sec. 548, July 22, 1987,

Pub. L. 100-77, title VI, Sec. 611(2), 101 Stat. 516; June 13,

1991, Pub. L. 102-54, Sec. 13(q)(1)(A)(iii), (B)(ii), 105 Stat.

278, related to confidentiality of patient records for drug abuse

programs. See section 290dd-2 of this title.

-End-

-CITE-

42 USC Part E - Children With Serious Emotional

Disturbances 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

PART E - CHILDREN WITH SERIOUS EMOTIONAL DISTURBANCES

-End-

-CITE-

42 USC Sec. 290ff 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

Sec. 290ff. Comprehensive community mental health services for

children with serious emotional disturbances

-STATUTE-

(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.

(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 450b(b) and section

450b(c) (!1) 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) of this

section 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;

(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) of this section 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 et seq.] for the State involved -

(i) the public 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 public 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.

(B)(i) In the case of an organization making an agreement under

subparagraph (A)(ii) regarding the provision of services under

subsection (a) of this section, 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.

(3) Certain considerations

In making grants under subsection (a) of this section, the

Secretary shall -

(A) equitably allocate such assistance among the principal

geographic regions of the United States;

(B) consider the extent to which the public entity involved

has a need for the grant; and

(C) in the case of any public entity that is a political

subdivision of a State or that is an Indian tribe or tribal

organization -

(i) shall consider any comments regarding the application

of the entity for such a grant that are received by the

Secretary from the State in which the entity is located; and

(ii) shall give special consideration to the entity if the

State agrees to provide a portion of the non-Federal

contributions required in subsection (c) of this section

regarding such a grant.

(c) Matching funds

(1) In general

A funding agreement for a grant under subsection (a) of this

section is that the public entity involved will, with respect to

the costs to be incurred by the entity in carrying out the

purpose described in such subsection, 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 entity receives

payments from a grant under such subsection, is not less than

$1 for each $3 of Federal funds provided in the grant;

(B) for any second or third such fiscal year, is not less

than $1 for each $3 of Federal funds provided in the grant;

(C) for any fourth such fiscal year, is not less than $1 for

each $1 of Federal funds provided in the grant; and

(D) for any fifth and sixth such fiscal year,(!2) is not less

than $2 for each $1 of Federal funds provided in the grant.

(2) Determination of amount contributed

(A) 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.

(B) In making a determination of the amount of non-Federal

contributions for purposes of subparagraph (A), the Secretary may

include only non-Federal contributions in excess of the average

amount of non-Federal contributions made by the public entity

involved toward the purpose described in subsection (a) of this

section for the 2-year period preceding the first fiscal year for

which the entity receives a grant under such section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 561, as added Pub. L.

102-321, title I, Sec. 119, July 10, 1992, 106 Stat. 349; amended

Pub. L. 103-43, title XX, Sec. 2017(1), June 10, 1993, 107 Stat.

218; Pub. L. 106-310, div. B, title XXXI, Sec. 3105(a), Oct. 17,

2000, 114 Stat. 1175.)

-REFTEXT-

REFERENCES IN TEXT

Subsections (b) and (c) of section 450b of title 25, referred to

in subsec. (a)(2), do not contain definitions of the terms "Indian

tribe" and "tribal organization". However, such terms are defined

elsewhere in section 450b of Title 25, Indians.

The Social Security Act, referred to in subsec. (b)(2)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the

Act is classified generally to subchapter XIX (Sec. 1396 et seq.)

of chapter 7 of this title. For complete classification of this Act

to the Code, see section 1305 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 290ff, act July 1, 1944, ch. 373, title V, Sec.

561, as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec.

2081(a), 102 Stat. 4216, which related to action by National

Institute on Drug Abuse and States concerning military facilities,

was renumbered section 513 of act July 1, 1944, by Pub. L. 102-321

and transferred to section 290bb-6 of this title.

AMENDMENTS

2000 - Subsec. (c)(1)(D). Pub. L. 106-310 substituted "fifth and

sixth such fiscal year" for "fifth such fiscal year".

1993 - Subsec. (a)(2). Pub. L. 103-43, Sec. 2017(1)(A),

substituted "this part" for "this subpart".

Subsec. (b)(1)(B), (C). Pub. L. 103-43, Sec. 2017(1)(B),

substituted "is such a grantee" for "is receiving such payments".

EFFECTIVE DATE

Part effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

CURRENT GRANTEES

Pub. L. 106-310, div. B, title XXXI, Sec. 3105(e), Oct. 17, 2000,

114 Stat. 1175, provided that:

"(1) In general. - Entities with active grants under section 561

of the Public Health Service Act (42 U.S.C. 290ff) on the date of

the enactment of this Act [Oct. 17, 2000] shall be eligible to

receive a sixth year of funding under the grant in an amount not to

exceed the amount that such grantee received in the fifth year of

funding under such grant. Such sixth year may be funded without

requiring peer and Advisory Council review as required under

section 504 of such Act (42 U.S.C. 290aa-3).

"(2) Limitation. - Paragraph (1) shall apply with respect to a

grantee only if the grantee agrees to comply with the provisions of

section 561 as amended by subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290ff-1, 290ff-2,

290ff-3, 290ff-4 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "years,".

-End-

-CITE-

42 USC Sec. 290ff-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

Sec. 290ff-1. Requirements with respect to carrying out purpose of

grants

-STATUTE-

(a) Systems of comprehensive care

(1) In general

A funding agreement for a grant under section 290ff(a) of this

title is that, with respect to children with a serious emotional

disturbance, the public entity involved will carry out the

purpose described in such section only through establishing and

operating 1 or more systems of care for making each of the mental

health services specified in subsection (c) of this section

available to each child provided access to the system. In

providing for such a system, the public entity may make grants

to, and enter into contracts with, public and nonprofit private

entities.

(2) Structure of system

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under paragraph (1) will -

(A) be established in a community selected by the public

entity involved;

(B) consist of such public agencies and nonprofit private

entities in the community as are necessary to ensure that each

of the services specified in subsection (c) of this section is

available to each child provided access to the system;

(C) be established pursuant to agreements that the public

entity enters into with the agencies and entities described in

subparagraph (B);

(D) coordinate the provision of the services of the system;

and

(E) establish an office whose functions are to serve as the

location through which children are provided access to the

system, to coordinate the provision of services of the system,

and to provide information to the public regarding the system.

(3) Collaboration of local public entities

A funding agreement for a grant under section 290ff(a) of this

title is that, for purposes of the establishment and operation of

a system of care under paragraph (1), the public entity involved

will seek collaboration among all public agencies that provide

human services in the community in which the system is

established, including but not limited to those providing mental

health services, educational services, child welfare services, or

juvenile justice services.

(b) Limitation on age of children provided access to system

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under subsection (a) of this section

will not provide an individual with access to the system if the

individual is more than 21 years of age.

(c) Required mental health services of system

A funding agreement for a grant under section 290ff(a) of this

title is that mental health services provided by a system of care

under subsection (a) of this section will include, with respect to

a serious emotional disturbance in a child -

(1) diagnostic and evaluation services;

(2) outpatient services provided in a clinic, office, school or

other appropriate location, including individual, group and

family counseling services, professional consultation, and review

and management of medications;

(3) emergency services, available 24-hours a day, 7 days a

week;

(4) intensive home-based services for children and their

families when the child is at imminent risk of out-of-home

placement;

(5) intensive day-treatment services;

(6) respite care;

(7) therapeutic foster care services, and services in

therapeutic foster family homes or individual therapeutic

residential homes, and groups homes caring for not more than 10

children; and

(8) assisting the child in making the transition from the

services received as a child to the services to be received as an

adult.

(d) Required arrangements regarding other appropriate services

(1) In general

A funding agreement for a grant under section 290ff(a) of this

title is that -

(A) a system of care under subsection (a) of this section

will enter into a memorandum of understanding with each of the

providers specified in paragraph (2) in order to facilitate the

availability of the services of the provider involved to each

child provided access to the system; and

(B) the grant under such section 290ff(a) of this title, and

the non-Federal contributions made with respect to the grant,

will not be expended to pay the costs of providing such

non-mental health services to any individual.

(2) Specification of non-mental health services

The providers referred to in paragraph (1) are providers of

medical services other than mental health services, providers of

educational services, providers of vocational counseling and

vocational rehabilitation services, and providers of protection

and advocacy services with respect to mental health.

(3) Facilitation of services of certain programs

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under subsection (a) of this

section will, for purposes of paragraph (1), enter into a

memorandum of understanding regarding facilitation of -

(A) services available pursuant to title XIX of the Social

Security Act [42 U.S.C. 1396 et seq.], including services

regarding early periodic screening, diagnosis, and treatment;

(B) services available under parts B [20 U.S.C. 1411 et seq.]

and H (!1) of the Individuals with Disabilities Education Act;

and

(C) services available under other appropriate programs, as

identified by the Secretary.

(e) General provisions regarding services of system

(1) Case management services

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under subsection (a) of this

section will provide for the case management of each child

provided access to the system in order to ensure that -

(A) the services provided through the system to the child are

coordinated and that the need of each such child for the

services is periodically reassessed;

(B) information is provided to the family of the child on the

extent of progress being made toward the objectives established

for the child under the plan of services implemented for the

child pursuant to section 290ff-2 of this title; and

(C) the system provides assistance with respect to -

(i) establishing the eligibility of the child, and the

family of the child, for financial assistance and services

under Federal, State, or local programs providing for health

services, mental health services, educational services,

social services, or other services; and

(ii) seeking to ensure that the child receives appropriate

services available under such programs.

(2) Other provisions

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under subsection (a) of this

section, in providing the services of the system, will -

(A) provide the services of the system in the cultural

context that is most appropriate for the child and family

involved;

(B) ensure that individuals providing such services to the

child can effectively communicate with the child and family in

the most direct manner;

(C) provide the services without discriminating against the

child or the family of the child on the basis of race,

religion, national origin, sex, disability, or age;

(D) seek to ensure that each child provided access to the

system of care remains in the least restrictive, most normative

environment that is clinically appropriate; and

(E) provide outreach services to inform individuals, as

appropriate, of the services available from the system,

including identifying children with a serious emotional

disturbance who are in the early stages of such disturbance.

(3) Rule of construction

An agreement made under paragraph (2) may not be construed -

(A) with respect to subparagraph (C) of such paragraph -

(i) to prohibit a system of care under subsection (a) of

this section from requiring that, in housing provided by the

grantee for purposes of residential treatment services

authorized under subsection (c) of this section, males and

females be segregated to the extent appropriate in the

treatment of the children involved; or

(ii) to prohibit the system of care from complying with the

agreement made under subsection (b) of this section; or

(B) with respect to subparagraph (D) of such paragraph, to

authorize the system of care to expend the grant under section

290ff(a) of this title (or the non-Federal contributions made

with respect to the grant) to provide legal services or any

service with respect to which expenditures regarding the grant

are prohibited under subsection (d)(1)(B) of this section.

(f) Restrictions on use of grant

A funding agreement for a grant under section 290ff(a) of this

title is that the grant, and the non-Federal contributions made

with respect to the grant, will not be expended -

(1) to purchase or improve real property (including the

construction or renovation of facilities);

(2) to provide for room and board in residential programs

serving 10 or fewer children;

(3) to provide for room and board or other services or

expenditures associated with care of children in residential

treatment centers serving more than 10 children or in inpatient

hospital settings, except intensive home-based services and other

services provided on an ambulatory or outpatient basis; or

(4) to provide for the training of any individual, except

training authorized in section 290ff-3(a)(2) of this title and

training provided through any appropriate course in continuing

education whose duration does not exceed 2 days.

(g) Waivers

The Secretary may waive one or more of the requirements of

subsection (c) of this section for a public entity that is an

Indian Tribe or tribal organization, or American Samoa, Guam, the

Marshall Islands, the Federated States of Micronesia, the

Commonwealth of the Northern Mariana Islands, the Republic of

Palau, or the United States Virgin Islands if the Secretary

determines, after peer review, that the system of care is

family-centered and uses the least restrictive environment that is

clinically appropriate.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 562, as added Pub. L.

102-321, title I, Sec. 119, July 10, 1992, 106 Stat. 351; amended

Pub. L. 106-310, div. B, title XXXI, Sec. 3105(b), Oct. 17, 2000,

114 Stat. 1175.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (d)(3)(A), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the

Act is classified generally to subchapter XIX (Sec. 1396 et seq.)

of chapter 7 of this title. For complete classification of this Act

to the Code, see section 1305 of this title and Tables.

The Individuals with Disabilities Education Act, referred to in

subsec. (d)(3)(B), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended. Part B of the Act is classified generally to

subchapter II (Sec. 1411 et seq.) of chapter 33 of Title 20,

Education. Part H of the Act was classified generally to subchapter

VIII (Sec. 1471 et seq.) of chapter 33 of Title 20 prior to repeal

by Pub. L. 105-17, title II, Sec. 203(b), June 4, 1997, 111 Stat.

157, effective July 1, 1998. For complete classification of this

Act to the Code, see section 1400 of Title 20 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (g). Pub. L. 106-310 added subsec. (g).

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290ff-2, 290ff-3, 290ff-4

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290ff-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

Sec. 290ff-2. Individualized plan for services

-STATUTE-

(a) In general

A funding agreement for a grant under section 290ff(a) of this

title is that a system of care under section 290ff-1(a) of this

title will develop and carry out an individualized plan of services

for each child provided access to the system, and that the plan

will be developed and carried out with the participation of the

family of the child and, unless clinically inappropriate, with the

participation of the child.

(b) Multidisciplinary team

A funding agreement for a grant under section 290ff(a) of this

title is that the plan required in subsection (a) of this section

will be developed, and reviewed and as appropriate revised not less

than once each year, by a multidisciplinary team of appropriately

qualified individuals who provide services through the system,

including as appropriate mental health services, other health

services, educational services, social services, and vocational

counseling and rehabilitation; (!1)

(c) Coordination with services under Individuals with Disabilities

Education Act

A funding agreement for a grant under section 290ff(a) of this

title is that, with respect to a plan under subsection (a) of this

section for a child, the multidisciplinary team required in

subsection (b) of this section will -

(1) in developing, carrying out, reviewing, and revising the

plan consider any individualized education program in effect for

the child pursuant to part B of the Individuals with Disabilities

Education Act [42 U.S.C. 1411 et seq.];

(2) ensure that the plan is consistent with such individualized

education program and provides for coordinating services under

the plan with services under such program; and

(3) ensure that the memorandum of understanding entered into

under section 290ff-1(d)(3)(B) of this title regarding such Act

[20 U.S.C. 1400 et seq.] includes provisions regarding compliance

with this subsection.

(d) Contents of plan

A funding agreement for a grant under section 290ff(a) of this

title is that the plan required in subsection (a) of this section

for a child will -

(1) identify and state the needs of the child for the services

available pursuant to section 290ff-1 of this title through the

system;

(2) provide for each of such services that is appropriate to

the circumstances of the child, including, except in the case of

children who are less than 14 years of age, the provision of

appropriate vocational counseling and rehabilitation, and

transition services (as defined in section 602(a)(19) (!2) of the

Individuals with Disabilities Education Act);

(3) establish objectives to be achieved regarding the needs of

the child and the methodology for achieving the objectives; and

(4) designate an individual to be responsible for providing the

case management required in section 290ff-1(e)(1) of this title

or certify that case management services will be provided to the

child as part of the individualized education program of the

child under the Individuals with Disabilities Education Act [20

U.S.C. 1400 et seq.].

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 563, as added Pub. L.

102-321, title I, Sec. 119, July 10, 1992, 106 Stat. 354.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsecs. (c)(1), (3) and (d)(2), (4), is title VI of Pub. L.

91-230, Apr. 13, 1970, 84 Stat. 175, as amended, which is

classified generally to chapter 33 (Sec. 1400 et seq.) of Title 20,

Education. Section 602 of the Act was classified to section 1401 of

Title 20, and was omitted in the general amendment of subchapter I

of chapter 33 of Title 20 by Pub. L. 105-17, title I, Sec. 101,

June 4, 1997, 111 Stat. 37. Pub. L. 105-17 enacted a new section

602 which is classified to section 1401 of Title 20 and which

contains provisions defining "transition services". Part B of the

Act is classified generally to subchapter II (Sec. 1411 et seq.) of

chapter 33 of Title 20. For complete classification of this Act to

the Code, see section 1400 of Title 20 and Tables.

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290ff-1, 290ff-3 of this

title.

-FOOTNOTE-

(!1) So in original. The semicolon probably should be a period.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290ff-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

Sec. 290ff-3. Additional provisions

-STATUTE-

(a) Optional services

In addition to services described in subsection (c) of section

290ff-1 of this title, a system of care under subsection (a) of

such section may, in expending a grant under section 290ff(a) of

this title, provide for -

(1) preliminary assessments to determine whether a child should

be provided access to the system;

(2) training in -

(A) the administration of the system;

(B) the provision of intensive home-based services under

paragraph (4) of section 290ff-1(c) of this title, intensive

day treatment under paragraph (5) of such section, and foster

care or group homes under paragraph (7) of such section; and

(C) the development of individualized plans for purposes of

section 290ff-2 of this title;

(3) recreational activities for children provided access to the

system; and

(4) such other services as may be appropriate in providing for

the comprehensive needs with respect to mental health of children

with a serious emotional disturbance.

(b) Comprehensive plan

The Secretary may make a grant under section 290ff(a) of this

title only if, with respect to the jurisdiction of the public

entity involved, the entity has submitted to the Secretary, and has

had approved by the Secretary, a plan for the development of a

jurisdiction-wide system of care for community-based services for

children with a serious emotional disturbance that specifies the

progress the public entity has made in developing the

jurisdiction-wide system, the extent of cooperation across agencies

serving children in the establishment of the system, the Federal

and non-Federal resources currently committed to the establishment

of the system, and the current gaps in community services and the

manner in which the grant under section 290ff(a) of this title will

be expended to address such gaps and establish local systems of

care.

(c) Limitation on imposition of fees for services

A funding agreement for a grant under section 290ff(a) of this

title is that, if a charge is imposed for the provision of services

under the grant, 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 family of the

child involved; and

(3) will not be imposed on any child whose family has income

and resources of equal to or less than 100 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 section 9902(2) of this title.

(d) Relationship to items and services under other programs

A funding agreement for a grant under section 290ff(a) of this

title is that the grant, and the non-Federal contributions made

with respect to the grant, will not be expended to make payment for

any item or service to the extent that payment has been made, or

can reasonably be expected to be made, with respect to such item or

service -

(1) under any State compensation program, under an insurance

policy, or under any Federal or State health benefits program; or

(2) by an entity that provides health services on a prepaid

basis.

(e) Limitation on administrative expenses

A funding agreement for a grant under section 290ff(a) of this

title is that not more than 2 percent of the grant will be expended

for administrative expenses incurred with respect to the grant by

the public entity involved.

(f) Reports to Secretary

A funding agreement for a grant under section 290ff(a) of this

title is that the public entity involved will annually submit to

the Secretary a report on the activities of the entity under the

grant that includes a description of the number of children

provided access to systems of care operated pursuant to the grant,

the demographic characteristics of the children, the types and

costs of services provided pursuant to the grant, the availability

and use of third-party reimbursements, estimates of the unmet need

for such services in the jurisdiction of the entity, and the manner

in which the grant has been expended toward the establishment of a

jurisdiction-wide system of care for children with a serious

emotional disturbance, and such other information as the Secretary

may require with respect to the grant.

(g) Description of intended uses of grant

The Secretary may make a grant under section 290ff(a) of this

title only if -

(1) the public entity involved submits to the Secretary a

description of the purposes for which the entity intends to

expend the grant;

(2) the description identifies the populations, areas, and

localities in the jurisdiction of the entity with a need for

services under this section; and

(3) the description provides information relating to the

services and activities to be provided, including a description

of the manner in which the services and activities will be

coordinated with any similar services or activities of public or

nonprofit entities.

(h) Requirement of application

The Secretary may make a grant under section 290ff(a) of this

title only if an application for the grant is submitted to the

Secretary, the application contains the description of intended

uses required in subsection (g) of this section, and 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.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 564, as added Pub. L.

102-321, title I, Sec. 119, July 10, 1992, 106 Stat. 355.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290ff-1 of this title.

-End-

-CITE-

42 USC Sec. 290ff-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part E - Children With Serious Emotional Disturbances

-HEAD-

Sec. 290ff-4. General provisions

-STATUTE-

(a) Duration of support

The period during which payments are made to a public entity from

a grant under section 290ff(a) of this title may not exceed 6

fiscal years.

(b) Technical assistance

(1) In general

The Secretary shall, upon the request of a public entity

receiving a grant under section 290ff(a) of this title -

(A) provide technical assistance to the entity regarding the

process of submitting to the Secretary applications for grants

under section 290ff(a) of this title; and

(B) provide to the entity training and technical assistance

with respect to the planning, development, and operation of

systems of care pursuant to section 290ff-1 of this title.

(2) Authority for grants and contracts

The Secretary may provide technical assistance under subsection

(a) of this section directly or through grants to, or contracts

with, public and nonprofit private entities.

(c) Evaluations and reports by Secretary

(1) In general

The Secretary shall, directly or through contracts with public

or private entities, provide for annual evaluations of programs

carried out pursuant to section 290ff(a) of this title. The

evaluations shall assess the effectiveness of the systems of care

operated pursuant to such section, including longitudinal studies

of outcomes of services provided by such systems, other studies

regarding such outcomes, the effect of activities under this part

on the utilization of hospital and other institutional settings,

the barriers to and achievements resulting from interagency

collaboration in providing community-based services to children

with a serious emotional disturbance, and assessments by parents

of the effectiveness of the systems of care.

(2) Report to Congress

The Secretary shall, not later than 1 year after the date on

which amounts are first appropriated under subsection (c) of this

section, and annually thereafter, submit to the Congress a report

summarizing evaluations carried out pursuant to paragraph (1)

during the preceding fiscal year and making such recommendations

for administrative and legislative initiatives with respect to

this section as the Secretary determines to be appropriate.

(d) Definitions

For purposes of this part:

(1) The term "child" means an individual not more than 21 years

of age.

(2) The term "family", with respect to a child provided access

to a system of care under section 290ff-1(a) of this title, means

-

(A) the legal guardian of the child; and

(B) as appropriate regarding mental health services for the

child, the parents of the child (biological or adoptive, as the

case may be) and any foster parents of the child.

(3) The term "funding agreement", with respect to a grant under

section 290ff(a) of this title to a public entity, means that the

Secretary may make such a grant only if the public entity makes

the agreement involved.

(4) The term "serious emotional disturbance" includes, with

respect to a child, any child who has a serious emotional

disorder, a serious behavioral disorder, or a serious mental

disorder.

(e) Rule of construction

Nothing in this part shall be construed as limiting the rights of

a child with a serious emotional disturbance under the Individuals

with Disabilities Education Act [20 U.S.C. 1400 et seq.].

(f) Funding

(1) Authorization of appropriations

For the purpose of carrying out this part, there are authorized

to be appropriated $100,000,000 for fiscal year 2001, and such

sums as may be necessary for each of the fiscal years 2002 and

2003.

(2) Limitation regarding technical assistance

Not more than 10 percent of the amounts appropriated under

paragraph (1) for a fiscal year may be expended for carrying out

subsection (b) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 565, as added Pub. L.

102-321, title I, Sec. 119, July 10, 1992, 106 Stat. 356; amended

Pub. L. 103-43, title XX, Sec. 2017(2), June 10, 1993, 107 Stat.

218; Pub. L. 106-310, div. B, title XXXI, Sec. 3105(c), (d), Oct.

17, 2000, 114 Stat. 1175.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (e), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended, which is classified generally to chapter 33 (Sec.

1400 et seq.) of Title 20, Education. For complete classification

of this Act to the Code, see section 1400 of Title 20 and Tables.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-310, Sec. 3105(c), substituted "6

fiscal years" for "5 fiscal years".

Subsec. (f)(1). Pub. L. 106-310, Sec. 3105(d), substituted "2001,

and such sums as may be necessary for each of the fiscal years 2002

and 2003" for "1993, and such sums as may be necessary for fiscal

year 1994".

1993 - Subsec. (c)(1), (d), (f)(1). Pub. L. 103-43, Sec.

2017(2)(A), (B), (C)(i), substituted "this part" for "this

subpart".

Subsec. (f)(2). Pub. L. 103-43, Sec. 2017(2)(C)(ii), amended

heading and text of par. (2) generally. Prior to amendment, text

read as follows: "Of the amounts appropriated under paragraph (1)

for a fiscal year, the Secretary shall make available not less than

$3,000,000 for the purpose of carrying out subsection (b) of this

section."

EFFECTIVE DATE

Section effective Oct. 1, 1992, with provision for programs

providing financial assistance, see section 801(c), (d) of Pub. L.

102-321, set out as an Effective Date of 1992 Amendment note under

section 236 of this title.

-End-

-CITE-

42 USC Part F - Model Comprehensive Program for Treatment

of Substance Abuse 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part F - Model Comprehensive Program for Treatment of Substance

Abuse

-HEAD-

PART F - MODEL COMPREHENSIVE PROGRAM FOR TREATMENT OF SUBSTANCE

ABUSE

-End-

-CITE-

42 USC Sec. 290gg 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part F - Model Comprehensive Program for Treatment of Substance

Abuse

-HEAD-

Sec. 290gg. Repealed. Pub. L. 106-310, div. B, title XXXIII, Sec.

3301(c)(4), Oct. 17, 2000, 114 Stat. 1209

-MISC1-

Section, act July 1, 1944, ch. 373, title V, Sec. 571, as added

Pub. L. 102-321, title III, Sec. 301, July 10, 1992, 106 Stat. 417,

related to demonstration program in national capital area.

-End-

-CITE-

42 USC Part G - Projects for Children and Violence 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part G - Projects for Children and Violence

-HEAD-

PART G - PROJECTS FOR CHILDREN AND VIOLENCE

-COD-

CODIFICATION

This part is comprised of part G of title V of act July 1, 1944.

Another part G of title V of act July 1, 1944, is classified to

part J (Sec. 290kk et seq.) of this subchapter.

-End-

-CITE-

42 USC Sec. 290hh 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part G - Projects for Children and Violence

-HEAD-

Sec. 290hh. Children and violence

-STATUTE-

(a) In general

The Secretary, in consultation with the Secretary of Education

and the Attorney General, shall carry out directly or through

grants, contracts or cooperative agreements with public entities a

program to assist local communities in developing ways to assist

children in dealing with violence.

(b) Activities

Under the program under subsection (a) of this section, the

Secretary may -

(1) provide financial support to enable local communities to

implement programs to foster the health and development of

children;

(2) provide technical assistance to local communities with

respect to the development of programs described in paragraph

(1);

(3) provide assistance to local communities in the development

of policies to address violence when and if it occurs;

(4) assist in the creation of community partnerships among law

enforcement, education systems and mental health and substance

abuse service systems; and

(5) establish mechanisms for children and adolescents to report

incidents of violence or plans by other children or adolescents

to commit violence.

(c) Requirements

An application for a grant, contract or cooperative agreement

under subsection (a) of this section shall demonstrate that -

(1) the applicant will use amounts received to create a

partnership described in subsection (b)(4) of this section to

address issues of violence in schools;

(2) the activities carried out by the applicant will provide a

comprehensive method for addressing violence, that will include -

(A) security;

(B) educational reform;

(C) the review and updating of school policies;

(D) alcohol and drug abuse prevention and early intervention

services;

(E) mental health prevention and treatment services; and

(F) early childhood development and psychosocial services;

and

(3) the applicant will use amounts received only for the

services described in subparagraphs (D), (E), and (F) of

paragraph (2).

(d) Geographical distribution

The Secretary shall ensure that grants, contracts or cooperative

agreements under subsection (a) of this section will be distributed

equitably among the regions of the country and among urban and

rural areas.

(e) Duration of awards

With respect to a grant, contract or cooperative agreement under

subsection (a) of this section, the period during which payments

under such an award will be made to the recipient may not exceed 5

years.

(f) Evaluation

The Secretary shall conduct an evaluation of each project carried

out under this section and shall disseminate the results of such

evaluations to appropriate public and private entities.

(g) Information and education

The Secretary shall establish comprehensive information and

education programs to disseminate the findings of the knowledge

development and application under this section to the general

public and to health care professionals.

(h) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$100,000,000 for fiscal year 2001, and such sums as may be

necessary for each of fiscal years 2002 and 2003.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 581, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3101, Oct. 17, 2000, 114 Stat.

1168.)

-COD-

CODIFICATION

Another section 581 of act July 1, 1944, is classified to section

290kk of this title.

-End-

-CITE-

42 USC Sec. 290hh-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part G - Projects for Children and Violence

-HEAD-

Sec. 290hh-1. Grants to address the problems of persons who

experience violence related stress

-STATUTE-

(a) In general

The Secretary shall award grants, contracts or cooperative

agreements to public and nonprofit private entities, as well as to

Indian tribes and tribal organizations, for the purpose of

developing programs focusing on the behavioral and biological

aspects of psychological trauma response and for developing

knowledge with regard to evidence-based practices for treating

psychiatric disorders of children and youth resulting from

witnessing or experiencing a traumatic event.

(b) Priorities

In awarding grants, contracts or cooperative agreements under

subsection (a) of this section related to the development of

knowledge on evidence-based practices for treating disorders

associated with psychological trauma, the Secretary shall give

priority to mental health agencies and programs that have

established clinical and basic research experience in the field of

trauma-related mental disorders.

(c) Geographical distribution

The Secretary shall ensure that grants, contracts or cooperative

agreements under subsection (a) of this section with respect to

centers of excellence are distributed equitably among the regions

of the country and among urban and rural areas.

(d) Evaluation

The Secretary, as part of the application process, shall require

that each applicant for a grant, contract or cooperative agreement

under subsection (a) of this section submit a plan for the rigorous

evaluation of the activities funded under the grant, contract or

agreement, including both process and outcomes evaluation, and the

submission of an evaluation at the end of the project period.

(e) Duration of awards

With respect to a grant, contract or cooperative agreement under

subsection (a) of this section, the period during which payments

under such an award will be made to the recipient may not exceed 5

years. Such grants, contracts or agreements may be renewed.

(f) Authorization of appropriations

There is authorized to be appropriated to carry out this section,

$50,000,000 for fiscal year 2001, and such sums as may be necessary

for each of fiscal years 2003 through 2006.

(g) Short title

This section may be cited as the "Donald J. Cohen National Child

Traumatic Stress Initiative".

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 582, as added Pub. L.

106-310, div. B, title XXXI, Sec. 3101, Oct. 17, 2000, 114 Stat.

1169; amended Pub. L. 107-116, title II, Sec. 218, Jan. 10, 2002,

115 Stat. 2201; Pub. L. 107-188, title I, Sec. 155, June 12, 2002,

116 Stat. 633.)

-COD-

CODIFICATION

Another section 582 of act July 1, 1944, is classified to section

290kk-1 of this title.

-MISC1-

AMENDMENTS

2002 - Subsec. (f). Pub. L. 107-188 substituted "2003 through

2006" for "2002 and 2003".

Subsec. (g). Pub. L. 107-116 added subsec. (g).

-End-

-CITE-

42 USC Part H - Requirement Relating to the Rights of

Residents of Certain Facilities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part H - Requirement Relating to the Rights of Residents of Certain

Facilities

-HEAD-

PART H - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN

FACILITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 290jj of this title.

-End-

-CITE-

42 USC Sec. 290ii 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part H - Requirement Relating to the Rights of Residents of Certain

Facilities

-HEAD-

Sec. 290ii. Requirement relating to the rights of residents of

certain facilities

-STATUTE-

(a) In general

A public or private general hospital, nursing facility,

intermediate care facility, or other health care facility, that

receives support in any form from any program supported in whole or

in part with funds appropriated to any Federal department or agency

shall protect and promote the rights of each resident of the

facility, including the right to be free from physical or mental

abuse, corporal punishment, and any restraints or involuntary

seclusions imposed for purposes of discipline or convenience.

(b) Requirements

Restraints and seclusion may only be imposed on a resident of a

facility described in subsection (a) of this section if -

(1) the restraints or seclusion are imposed to ensure the

physical safety of the resident, a staff member, or others; and

(2) the restraints or seclusion are imposed only upon the

written order of a physician, or other licensed practitioner

permitted by the State and the facility to order such restraint

or seclusion, that specifies the duration and circumstances under

which the restraints are to be used (except in emergency

circumstances specified by the Secretary until such an order

could reasonably be obtained).

(c) Current law

This part shall not be construed to affect or impede any Federal

or State law or regulations that provide greater protections than

this part regarding seclusion and restraint.

(d) Definitions

In this section:

(1) Restraints

The term "restraints" means -

(A) any physical restraint that is a mechanical or personal

restriction that immobilizes or reduces the ability of an

individual to move his or her arms, legs, or head freely, not

including devices, such as orthopedically prescribed devices,

surgical dressings or bandages, protective helmets, or any

other methods that involves the physical holding of a resident

for the purpose of conducting routine physical examinations or

tests or to protect the resident from falling out of bed or to

permit the resident to participate in activities without the

risk of physical harm to the resident (such term does not

include a physical escort); and

(B) a drug or medication that is used as a restraint to

control behavior or restrict the resident's freedom of movement

that is not a standard treatment for the resident's medical or

psychiatric condition.

(2) Seclusion

The term "seclusion" means a behavior control technique

involving locked isolation. Such term does not include a time

out.

(3) Physical escort

The term "physical escort" means the temporary touching or

holding of the hand, wrist, arm, shoulder or back for the purpose

of inducing a resident who is acting out to walk to a safe

location.

(4) Time out

The term "time out" means a behavior management technique that

is part of an approved treatment program and may involve the

separation of the resident from the group, in a non-locked

setting, for the purpose of calming. Time out is not seclusion.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 591, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3207, Oct. 17, 2000, 114 Stat.

1195.)

-End-

-CITE-

42 USC Sec. 290ii-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part H - Requirement Relating to the Rights of Residents of Certain

Facilities

-HEAD-

Sec. 290ii-1. Reporting requirement

-STATUTE-

(a) In general

Each facility to which the Protection and Advocacy for Mentally

Ill Individuals Act of 1986 (!1) [42 U.S.C. 10801 et seq.] applies

shall notify the appropriate agency, as determined by the

Secretary, of each death that occurs at each such facility while a

patient is restrained or in seclusion, of each death occurring

within 24 hours after the patient has been removed from restraints

and seclusion, or where it is reasonable to assume that a patient's

death is a result of such seclusion or restraint. A notification

under this section shall include the name of the resident and shall

be provided not later than 7 days after the date of the death of

the individual involved.

(b) Facility

In this section, the term "facility" has the meaning given the

term "facilities" in section 102(3) of the Protection and Advocacy

for Mentally Ill Individuals Act of 1986 (!1) (42 U.S.C. 10802(3)).

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 592, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3207, Oct. 17, 2000, 114 Stat.

1196.)

-REFTEXT-

REFERENCES IN TEXT

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in text, was Pub. L. 99-319, May 23, 1986, 100

Stat. 478, as amended. Pub. L. 99-319 was renamed the Protection

and Advocacy for Individuals with Mental Illness Act by Pub. L.

106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000, 114

Stat. 1193, and is classified generally to chapter 114 (Sec. 10801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 10801 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290ii-2 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 290ii-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part H - Requirement Relating to the Rights of Residents of Certain

Facilities

-HEAD-

Sec. 290ii-2. Regulations and enforcement

-STATUTE-

(a) Training

Not later than 1 year after October 17, 2000, the Secretary,

after consultation with appropriate State and local protection and

advocacy organizations, physicians, facilities, and other health

care professionals and patients, shall promulgate regulations that

require facilities to which the Protection and Advocacy for

Mentally Ill Individuals Act of 1986 (!1) (42 U.S.C. 10801 et seq.)

applies, to meet the requirements of subsection (b) of this

section.

(b) Requirements

The regulations promulgated under subsection (a) of this section

shall require that -

(1) facilities described in subsection (a) of this section

ensure that there is an adequate number of qualified professional

and supportive staff to evaluate patients, formulate written

individualized, comprehensive treatment plans, and to provide

active treatment measures;

(2) appropriate training be provided for the staff of such

facilities in the use of restraints and any alternatives to the

use of restraints; and

(3) such facilities provide complete and accurate notification

of deaths, as required under section 290ii-1(a) of this title.

(c) Enforcement

A facility to which this part applies that fails to comply with

any requirement of this part, including a failure to provide

appropriate training, shall not be eligible for participation in

any program supported in whole or in part by funds appropriated to

any Federal department or agency.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 593, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3207, Oct. 17, 2000, 114 Stat.

1196.)

-REFTEXT-

REFERENCES IN TEXT

The Protection and Advocacy for Mentally Ill Individuals Act of

1986, referred to in subsec. (a), was Pub. L. 99-319, May 23, 1986,

100 Stat. 478, as amended. Pub. L. 99-319 was renamed the

Protection and Advocacy for Individuals with Mental Illness Act by

Pub. L. 106-310, div. B, title XXXII, Sec. 3206(a), Oct. 17, 2000,

114 Stat. 1193, and is classified generally to chapter 114 (Sec.

10801 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 10801

of this title and Tables.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part I - Requirement Relating to the Rights of

Residents of Certain Non-Medical,

Community-Based Facilities for

Children and Youth 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part I - Requirement Relating to the Rights of Residents of Certain

Non-Medical, Community-Based Facilities for Children

and Youth

-HEAD-

PART I - REQUIREMENT RELATING TO THE RIGHTS OF RESIDENTS OF CERTAIN

NON-MEDICAL, COMMUNITY-BASED FACILITIES FOR CHILDREN AND YOUTH

-End-

-CITE-

42 USC Sec. 290jj 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part I - Requirement Relating to the Rights of Residents of Certain

Non-Medical, Community-Based Facilities for Children

and Youth

-HEAD-

Sec. 290jj. Requirement relating to the rights of residents of

certain non-medical, community-based facilities for children and

youth

-STATUTE-

(a) Protection of rights

(1) In general

A public or private non-medical, community-based facility for

children and youth (as defined in regulations to be promulgated

by the Secretary) that receives support in any form from any

program supported in whole or in part with funds appropriated

under this chapter shall protect and promote the rights of each

resident of the facility, including the right to be free from

physical or mental abuse, corporal punishment, and any restraints

or involuntary seclusions imposed for purposes of discipline or

convenience.

(2) Nonapplicability

Notwithstanding this part, a facility that provides inpatient

psychiatric treatment services for individuals under the age of

21, as authorized and defined in subsections (a)(16) and (h) of

section 1905 of the Social Security Act [42 U.S.C. 1396d], shall

comply with the requirements of part H of this subchapter.

(3) Applicability of Medicaid provisions

A non-medical, community-based facility for children and youth

funded under the Medicaid program under title XIX of the Social

Security Act [42 U.S.C. 1396 et seq.] shall continue to meet all

existing requirements for participation in such program that are

not affected by this part.

(b) Requirements

(1) In general

Physical restraints and seclusion may only be imposed on a

resident of a facility described in subsection (a) of this

section if -

(A) the restraints or seclusion are imposed only in emergency

circumstances and only to ensure the immediate physical safety

of the resident, a staff member, or others and less restrictive

interventions have been determined to be ineffective; and

(B) the restraints or seclusion are imposed only by an

individual trained and certified, by a State-recognized body

(as defined in regulation promulgated by the Secretary) and

pursuant to a process determined appropriate by the State and

approved by the Secretary, in the prevention and use of

physical restraint and seclusion, including the needs and

behaviors of the population served, relationship building,

alternatives to restraint and seclusion, de-escalation methods,

avoiding power struggles, thresholds for restraints and

seclusion, the physiological and psychological impact of

restraint and seclusion, monitoring physical signs of distress

and obtaining medical assistance, legal issues, position

asphyxia, escape and evasion techniques, time limits, the

process for obtaining approval for continued restraints,

procedures to address problematic restraints, documentation,

processing with children, and follow-up with staff, and

investigation of injuries and complaints.

(2) Interim procedures relating to training and certification

(A) In general

Until such time as the State develops a process to assure the

proper training and certification of facility personnel in the

skills and competencies referred (!1) in paragraph (1)(B), the

facility involved shall develop and implement an interim

procedure that meets the requirements of subparagraph (B).

(B) Requirements

A procedure developed under subparagraph (A) shall -

(i) ensure that a supervisory or senior staff person with

training in restraint and seclusion who is competent to

conduct a face-to-face assessment (as defined in regulations

promulgated by the Secretary), will assess the mental and

physical well-being of the child or youth being restrained or

secluded and assure that the restraint or seclusion is being

done in a safe manner;

(ii) ensure that the assessment required under clause (i)

take place as soon as practicable, but in no case later than

1 hour after the initiation of the restraint or seclusion;

and

(iii) ensure that the supervisory or senior staff person

continues to monitor the situation for the duration of the

restraint and seclusion.

(3) Limitations

(A) In general

The use of a drug or medication that is used as a restraint

to control behavior or restrict the resident's freedom of

movement that is not a standard treatment for the resident's

medical or psychiatric condition in nonmedical community-based

facilities for children and youth described in subsection

(a)(1) of this section is prohibited.

(B) Prohibition

The use of mechanical restraints in non-medical,

community-based facilities for children and youth described in

subsection (a)(1) of this section is prohibited.

(C) Limitation

A non-medical, community-based facility for children and

youth described in subsection (a)(1) of this section may only

use seclusion when a staff member is continuously face-to-face

monitoring the resident and when strong licensing or

accreditation and internal controls are in place.

(c) Rule of construction

(1) In general

Nothing in this section shall be construed as prohibiting the

use of restraints for medical immobilization, adaptive support,

or medical protection.

(2) Current law

This part shall not be construed to affect or impede any

Federal or State law or regulations that provide greater

protections than this part regarding seclusion and restraint.

(d) Definitions

In this section:

(1) Mechanical restraint

The term "mechanical restraint" means the use of devices as a

means of restricting a resident's freedom of movement.

(2) Physical escort

The term "physical escort" means the temporary touching or

holding of the hand, wrist, arm, shoulder or back for the purpose

of inducing a resident who is acting out to walk to a safe

location.

(3) Physical restraint

The term "physical restraint" means a personal restriction that

immobilizes or reduces the ability of an individual to move his

or her arms, legs, or head freely. Such term does not include a

physical escort.

(4) Seclusion

The term "seclusion" means a behavior control technique

involving locked isolation. Such term does not include a time

out.

(5) Time out

The term "time out" means a behavior management technique that

is part of an approved treatment program and may involve the

separation of the resident from the group, in a non-locked

setting, for the purpose of calming. Time out is not seclusion.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 595, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3208, Oct. 17, 2000, 114 Stat.

1197.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(3), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XIX of the

Act is classified generally to subchapter XIX (Sec. 1396 et seq.)

of chapter 7 of this title. For complete classification of this Act

to the Code, see section 1305 of this title and Tables.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "to".

-End-

-CITE-

42 USC Sec. 290jj-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part I - Requirement Relating to the Rights of Residents of Certain

Non-Medical, Community-Based Facilities for Children

and Youth

-HEAD-

Sec. 290jj-1. Reporting requirement

-STATUTE-

Each facility to which this part applies shall notify the

appropriate State licensing or regulatory agency, as determined by

the Secretary -

(1) of each death that occurs at each such facility. A

notification under this section shall include the name of the

resident and shall be provided not later than 24 hours after the

time of the individuals (!1) death; and

(2) of the use of seclusion or restraints in accordance with

regulations promulgated by the Secretary, in consultation with

the States.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 595A, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3208, Oct. 17, 2000, 114 Stat.

1199.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290jj-2 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "individual's".

-End-

-CITE-

42 USC Sec. 290jj-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part I - Requirement Relating to the Rights of Residents of Certain

Non-Medical, Community-Based Facilities for Children

and Youth

-HEAD-

Sec. 290jj-2. Regulations and enforcement

-STATUTE-

(a) Training

Not later than 6 months after October 17, 2000, the Secretary,

after consultation with appropriate State, local, public and

private protection and advocacy organizations, health care

professionals, social workers, facilities, and patients, shall

promulgate regulations that -

(1) require States that license non-medical, community-based

residential facilities for children and youth to develop

licensing rules and monitoring requirements concerning behavior

management practice that will ensure compliance with Federal

regulations and to meet the requirements of subsection (b) of

this section;

(2) require States to develop and implement such licensing

rules and monitoring requirements within 1 year after the

promulgation of the regulations referred to in the matter

preceding paragraph (1); and

(3) support the development of national guidelines and

standards on the quality, quantity, orientation and training,

required under this part, as well as the certification or

licensure of those staff responsible for the implementation of

behavioral intervention concepts and techniques.

(b) Requirements

The regulations promulgated under subsection (a) of this section

shall require -

(1) that facilities described in subsection (a) of this section

ensure that there is an adequate number of qualified professional

and supportive staff to evaluate residents, formulate written

individualized, comprehensive treatment plans, and to provide

active treatment measures;

(2) the provision of appropriate training and certification of

the staff of such facilities in the prevention and use of

physical restraint and seclusion, including the needs and

behaviors of the population served, relationship building,

alternatives to restraint, de-escalation methods, avoiding power

struggles, thresholds for restraints, the physiological impact of

restraint and seclusion, monitoring physical signs of distress

and obtaining medical assistance, legal issues, position

asphyxia, escape and evasion techniques, time limits for the use

of restraint and seclusion, the process for obtaining approval

for continued restraints and seclusion, procedures to address

problematic restraints, documentation, processing with children,

and follow-up with staff, and investigation of injuries and

complaints; and

(3) that such facilities provide complete and accurate

notification of deaths, as required under section 290jj-1(1) of

this title.

(c) Enforcement

A State to which this part applies that fails to comply with any

requirement of this part, including a failure to provide

appropriate training and certification, shall not be eligible for

participation in any program supported in whole or in part by funds

appropriated under this chapter.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 595B, as added Pub. L.

106-310, div. B, title XXXII, Sec. 3208, Oct. 17, 2000, 114 Stat.

1199.)

-End-

-CITE-

42 USC Part J - Services Provided Through Religious

Organizations 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part J - Services Provided Through Religious Organizations

-HEAD-

PART J - SERVICES PROVIDED THROUGH RELIGIOUS ORGANIZATIONS

-COD-

CODIFICATION

This part was, in the original, part G of title V of act July 1,

1944, and has been redesignated as part J for purposes of

codification. Another part G of title V of act July 1, 1944, is

classified to part G (Sec. 290hh et seq.) of this subchapter.

-End-

-CITE-

42 USC Sec. 290kk 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part J - Services Provided Through Religious Organizations

-HEAD-

Sec. 290kk. Applicability to designated programs

-STATUTE-

(a) Designated programs

Subject to subsection (b) of this section, this part applies to

discretionary and formula grant programs administered by the

Substance Abuse and Mental Health Services Administration that make

awards of financial assistance to public or private entities for

the purpose of carrying out activities to prevent or treat

substance abuse (in this part referred to as a "designated

program"). Designated programs include the program under subpart II

of part B of subchapter XVII of this chapter (relating to formula

grants to the States).

(b) Limitation

This part does not apply to any award of financial assistance

under a designated program for a purpose other than the purpose

specified in subsection (a) of this section.

(c) Definitions

For purposes of this part (and subject to subsection (b) of this

section):

(1) The term "designated program" has the meaning given such

term in subsection (a) of this section.

(2) The term "financial assistance" means a grant, cooperative

agreement, or contract.

(3) The term "program beneficiary" means an individual who

receives program services.

(4) The term "program participant" means a public or private

entity that has received financial assistance under a designated

program.

(5) The term "program services" means treatment for substance

abuse, or preventive services regarding such abuse, provided

pursuant to an award of financial assistance under a designated

program.

(6) The term "religious organization" means a nonprofit

religious organization.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 581, as added Pub. L.

106-554, Sec. 1(a)(7) [title I, Sec. 144], Dec. 21, 2000, 114 Stat.

2763, 2763A-619.)

-COD-

CODIFICATION

Another section 581 of act July 1, 1944, is classified to section

290hh of this title.

-End-

-CITE-

42 USC Sec. 290kk-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part J - Services Provided Through Religious Organizations

-HEAD-

Sec. 290kk-1. Religious organizations as program participants

-STATUTE-

(a) In general

Notwithstanding any other provision of law, a religious

organization, on the same basis as any other nonprofit private

provider -

(1) may receive financial assistance under a designated

program; and

(2) may be a provider of services under a designated program.

(b) Religious organizations

The purpose of this section is to allow religious organizations

to be program participants on the same basis as any other nonprofit

private provider without impairing the religious character of such

organizations, and without diminishing the religious freedom of

program beneficiaries.

(c) Nondiscrimination against religious organizations

(1) Eligibility as program participants

Religious organizations are eligible to be program participants

on the same basis as any other nonprofit private organization as

long as the programs are implemented consistent with the

Establishment Clause and Free Exercise Clause of the First

Amendment to the United States Constitution. Nothing in this

chapter shall be construed to restrict the ability of the Federal

Government, or a State or local government receiving funds under

such programs, to apply to religious organizations the same

eligibility conditions in designated programs as are applied to

any other nonprofit private organization.

(2) Nondiscrimination

Neither the Federal Government nor a State or local government

receiving funds under designated programs shall discriminate

against an organization that is or applies to be a program

participant on the basis that the organization has a religious

character.

(d) Religious character and freedom

(1) Religious organizations

Except as provided in this section, any religious organization

that is a program participant shall retain its independence from

Federal, State, and local government, including such

organization's control over the definition, development,

practice, and expression of its religious beliefs.

(2) Additional safeguards

Neither the Federal Government nor a State shall require a

religious organization to -

(A) alter its form of internal governance; or

(B) remove religious art, icons, scripture, or other symbols,

in order to be a program participant.

(e) Employment practices

Nothing in this section shall be construed to modify or affect

the provisions of any other Federal or State law or regulation that

relates to discrimination in employment. A religious organization's

exemption provided under section 2000e-1 of this title regarding

employment practices shall not be affected by its participation in,

or receipt of funds from, a designated program.

(f) Rights of program beneficiaries

(1) In general

If an individual who is a program beneficiary or a prospective

program beneficiary objects to the religious character of a

program participant, within a reasonable period of time after the

date of such objection such program participant shall refer such

individual to, and the appropriate Federal, State, or local

government that administers a designated program or is a program

participant shall provide to such individual (if otherwise

eligible for such services), program services that -

(A) are from an alternative provider that is accessible to,

and has the capacity to provide such services to, such

individual; and

(B) have a value that is not less than the value of the

services that the individual would have received from the

program participant to which the individual had such objection.

Upon referring a program beneficiary to an alternative provider,

the program participant shall notify the appropriate Federal,

State, or local government agency that administers the program of

such referral.

(2) Notices

Program participants, public agencies that refer individuals to

designated programs, and the appropriate Federal, State, or local

governments that administer designated programs or are program

participants shall ensure that notice is provided to program

beneficiaries or prospective program beneficiaries of their

rights under this section.

(3) Additional requirements

A program participant making a referral pursuant to paragraph

(1) shall -

(A) prior to making such referral, consider any list that the

State or local government makes available of entities in the

geographic area that provide program services; and

(B) ensure that the individual makes contact with the

alternative provider to which the individual is referred.

(4) Nondiscrimination

A religious organization that is a program participant shall

not in providing program services or engaging in outreach

activities under designated programs discriminate against a

program beneficiary or prospective program beneficiary on the

basis of religion or religious belief.

(g) Fiscal accountability

(1) In general

Except as provided in paragraph (2), any religious organization

that is a program participant shall be subject to the same

regulations as other recipients of awards of Federal financial

assistance to account, in accordance with generally accepted

auditing principles, for the use of the funds provided under such

awards.

(2) Limited audit

With respect to the award involved, a religious organization

that is a program participant shall segregate Federal amounts

provided under award into a separate account from non-Federal

funds. Only the award funds shall be subject to audit by the

government.

(h) Compliance

With respect to compliance with this section by an agency, a

religious organization may obtain judicial review of agency action

in accordance with chapter 7 of title 5.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 582, as added Pub. L.

106-554, Sec. 1(a)(7) [title I, Sec. 144], Dec. 21, 2000, 114 Stat.

2763, 2763A-620.)

-COD-

CODIFICATION

Another section 582 of act July 1, 1944, is classified to section

290hh-1 of this title.

-End-

-CITE-

42 USC Sec. 290kk-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part J - Services Provided Through Religious Organizations

-HEAD-

Sec. 290kk-2. Limitations on use of funds for certain purposes

-STATUTE-

No funds provided under a designated program shall be expended

for sectarian worship, instruction, or proselytization.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 583, as added Pub. L.

106-554, Sec. 1(a)(7) [title I, Sec. 144], Dec. 21, 2000, 114 Stat.

2763, 2763A-622.)

-End-

-CITE-

42 USC Sec. 290kk-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER III09A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

Part J - Services Provided Through Religious Organizations

-HEAD-

Sec. 290kk-3. Educational requirements for personnel in drug

treatment programs

-STATUTE-

(a) Findings

The Congress finds that -

(1) establishing unduly rigid or uniform educational

qualification for counselors and other personnel in drug

treatment programs may undermine the effectiveness of such

programs; and

(2) such educational requirements for counselors and other

personnel may hinder or prevent the provision of needed drug

treatment services.

(b) Nondiscrimination

In determining whether personnel of a program participant that

has a record of successful drug treatment for the preceding three

years have satisfied State or local requirements for education and

training, a State or local government shall not discriminate

against education and training provided to such personnel by a

religious organization, so long as such education and training

includes basic content substantially equivalent to the content

provided by nonreligious organizations that the State or local

government would credit for purposes of determining whether the

relevant requirements have been satisfied.

-SOURCE-

(July 1, 1944, ch. 373, title V, Sec. 584, as added Pub. L.

106-554, Sec. 1(a)(7) [title I, Sec. 144], Dec. 21, 2000, 114 Stat.

2763, 2763A-622.)

-End-

-CITE-

42 USC SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF

HOSPITALS AND OTHER MEDICAL FACILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

-HEAD-

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 300q-2, 300s-6, 1395x,

2005b, 2005d of this title; title 40 sections 14502, 14507.

-End-

-CITE-

42 USC Sec. 291 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

-HEAD-

Sec. 291. Congressional declaration of purpose

-STATUTE-

The purpose of this subchapter is -

(a) to assist the several States in the carrying out of their

programs for the construction and modernization of such public or

other nonprofit community hospitals and other medical facilities

as may be necessary, in conjunction with existing facilities, to

furnish adequate hospital, clinic, or similar services to all

their people;

(b) to stimulate the development of new or improved types of

physical facilities for medical, diagnostic, preventive,

treatment, or rehabilitative services; and

(c) to promote research, experiments, and demonstrations

relating to the effective development and utilization of

hospital, clinic, or similar services, facilities, and resources,

and to promote the coordination of such research, experiments,

and demonstrations and the useful application of their results.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 600, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 447.)

-MISC1-

PRIOR PROVISIONS

A prior section 291, act July 1, 1944, ch. 373, title VI, Sec.

601, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended Oct. 25, 1949, ch. 722, Sec. 6, 63 Stat. 900; July 12,

1954, ch. 471, Sec. 4(a), 68 Stat. 464, related to subject matter

similar to this section, prior to the general amendment of this

subchapter by Pub. L. 88-443.

Provisions similar to those comprising this section were

contained in former section 291o, act July 1, 1944, ch. 373, title

VI, Sec. 641, as added July 12, 1954, ch. 471, Sec. 2, 68 Stat.

461, prior to the general amendment of this subchapter by Pub. L.

88-443.

EFFECTIVE DATE

Section 3(b) of Pub. L. 88-443, as amended by Pub. L. 91-296,

title I, Sec. 120, June 30, 1970, 84 Stat. 343, provided that: "The

amendment made by subsection (a) [enacting this section and

sections 291a to 291j, 291k to 291m, 291n, and 291o of this title]

shall become effective upon the date of enactment of this Act [Aug.

18, 1964], except that -

"(1) all applications approved by the Surgeon General under

title VI of the Public Health Service Act [this subchapter] prior

to such date, and allotments of sums appropriated prior to such

date, shall be governed by the provisions of such title VI in

effect prior to such date;

"(2) allotment percentages promulgated by the Surgeon General

under such title VI during 1962 shall continue to be effective

for purposes of such title as amended by this Act for the fiscal

year ending June 30, 1965;

"(3) the terms of members of the Federal Hospital Council who

are serving on such Council prior to such date shall expire on

the date they would have expired had this Act not been enacted;

"(4) the provisions of the fourth sentence of section 636(a) of

the Public Health Service Act [former section 291n of this

title], as in effect prior to the enactment of this Act, shall

apply in lieu of the fourth sentence of section 624(a) of the

Public Health Service Act [section 291n(a) of this title], as

amended by this Act, in the case of any project for construction

of a facility or for acquisition of equipment with respect to

which a grant for any part thereof or for planning such

construction or equipment was made prior to the enactment of this

Act;

"(5) no application with respect to a project for modernization

of any facility in any State may be approved by the Surgeon

General, for purposes of receiving funds from an allotment under

section 602(a)(2) of the Public Health Service Act, as amended by

this Act [section 291b(a)(2) of this title], before July 1, 1965,

or before such State has had a State plan approved by the Surgeon

General as meeting the requirements of section 604(a)(4)(E)

[section 291d(a)(4)(E) of this title] as well as the other

requirements of section 604 of such Act as so amended [section

291d of this title];

"(6) the provisions of clause (b) of section 609 of the Public

Health Service Act [section 291i of this title], as amended by

this Act, shall apply with respect to any project whether it was

approved, and whether the event specified in such clause

occurred, before, on, or after the date of enactment of this Act

[June 30, 1970], except that it shall not apply in the case of

any project with respect to which recovery under title VI of such

Act [this subchapter] has been made prior to the enactment of

this paragraph."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291a of this title.

-End-

-CITE-

42 USC Part A - Grants and Loans for Construction and

Modernization of Hospitals and

Other Medical Facilities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

PART A - GRANTS AND LOANS FOR CONSTRUCTION AND MODERNIZATION OF

HOSPITALS AND OTHER MEDICAL FACILITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 291j-1, 300s of this title.

-End-

-CITE-

42 USC Sec. 291a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291a. Authorization of appropriations

-STATUTE-

In order to assist the States in carrying out the purposes of

section 291 of this title, there are authorized to be appropriated

-

(a) for the fiscal year ending June 30, 1974 -

(1) $20,800,000 for grants for the construction of public or

other nonprofit facilities for long-term care;

(2) $70,000,000 for grants for the construction of public or

other nonprofit outpatient facilities;

(3) $15,000,000 for grants for the construction of public or

other nonprofit rehabilitation facilities;

(b) for grants for the construction of public or other

nonprofit hospitals and public health centers, $150,000,000 for

the fiscal year ending June 30, 1965, $160,000,000 for the fiscal

year ending June 30, 1966, $170,000,000 for the fiscal year

ending June 30, 1967, $180,000,000 each for the next two fiscal

years, $195,000,000 for the fiscal year ending June 30, 1970,

$147,500,000 for the fiscal year ending June 30, 1971,

$152,500,000 for the fiscal year ending June 30, 1972,

$157,500,000 for the fiscal year ending June 30, 1973, and

$41,400,000 for the fiscal year ending June 30, 1974; and

(c) for grants for modernization of the facilities referred to

in paragraphs (a) and (b), $65,000,000 for the fiscal year ending

June 30, 1971, $80,000,000 for the fiscal year ending June 30,

1972, $90,000,000 for the fiscal year ending June 30, 1973, and

$50,000,000 for the fiscal year ending June 30, 1974.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 601, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 448; amended Pub. L.

90-574, title IV, Sec. 402(a), Oct. 15, 1968, 82 Stat. 1011; Pub.

L. 91-296, title I, Secs. 101(a), 102(a), 116(a), June 30, 1970, 84

Stat. 337, 341; Pub. L. 93-45, title I, Sec. 108(a), June 18, 1973,

87 Stat. 92.)

-MISC1-

PRIOR PROVISIONS

A prior section 291a, act July 1, 1944, ch. 373, title VI, Sec.

611, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041,

authorized appropriations for surveys and planning, prior to the

general amendment of this subchapter by Pub. L. 88-443.

A prior section 291d, act July 1, 1944, ch. 373, title VI, Sec.

621, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended Oct. 25, 1949, ch. 722, Sec. 2(a), 63 Stat. 897; July 27,

1953, ch. 243, 67 Stat. 196; Aug. 2, 1956, ch. 871, title IV, Sec.

401, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85-664, Sec. 1(a), 72

Stat. 616, related to subject matter similar to this section, prior

to the general amendment of this subchapter by Pub. L. 88-443.

A prior section 291p, act July 1, 1944, ch. 373, title VI, Sec.

646, as added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 461, related

to subject matter similar to this section, prior to the general

amendment of this subchapter by Pub. L. 88-443.

A prior section 291s, act July 1, 1944, ch. 373, title VI, Sec.

651, as added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 462; amended

Aug. 2, 1956, ch. 871, title IV, Sec. 402, 70 Stat. 929; Aug. 14,

1958, Pub. L. 85-664, Sec. 1(b), 72 Stat. 616; Oct. 5, 1961, Pub.

L. 87-395, Sec. 3(a), 75 Stat. 825, related to subject matter

similar to this section, prior to the general amendment of this

subchapter by Pub. L. 88-443.

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-45, Sec. 108(a)(1), substituted

introductory text reading "fiscal year ending June 30, 1974" for

"fiscal year ending June 30, 1965, and each of the next eight

fiscal years" and in cl. (1) "$20,800,000" for "$85,000,000".

Subsec. (b). Pub. L. 93-45, Sec. 108(a)(2), authorized

appropriations of $41,400,000 for fiscal year ending June 30, 1974.

Subsec. (c). Pub. L. 93-45, Sec. 108(a)(3), authorized

appropriations of $50,000,000 for fiscal year ending June 30, 1974.

1970 - Par. (a). Pub. L. 91-296, Secs. 101(a)(1), (2), 116(a),

substituted "outpatient facilities" for "diagnostic or treatment

centers" in enumeration of facilities eligible for construction

grants, extended through fiscal year ending June 30, 1973,

authority to appropriate funds for construction grants, increased

from $70,000,000 to $85,000,000 annual authority to make grants for

public or other nonprofit facilities for long-term care, from

$20,000,000 to $70,000,000 authority for public or other nonprofit

outpatient facilities, and from $10,000,000 to $15,000,000

authority for public or other nonprofit rehabilitation facilities.

Par. (b). Pub. L. 91-296, Secs. 101(a)(3), 102(a)(1), struck out

provisions authorizing grants for modernization of facilities and

inserted provisions authorizing appropriation of $147,500,000 for

fiscal year ending June 30, 1971, $152,500,000 for fiscal year

ending June 30, 1972, and $157,500,000 for fiscal year ending June

30, 1973, for grants for construction of public or other nonprofit

hospitals and public health centers

Par. (c). Pub. L. 91-296, Sec. 102(a)(2), added par. (c).

1968 - Par. (a). Pub. L. 90-574, Sec. 402(a)(1), substituted

"next five" for "next four".

Par. (b). Pub. L. 90-574, Sec. 402(a)(2), authorized

appropriation of $195,000,000 for fiscal year ending June 30, 1970.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 101(b) of Pub. L. 91-296 provided that: "The amendments

made by subsection (a) [amending this section] shall take effect

with respect to appropriations made under such section 601 [this

section] for fiscal years beginning after June 30, 1970."

Section 102(a) of Pub. L. 91-296 provided that the amendment made

by that section is effective with respect to appropriations made

under this section for fiscal years beginning after June 30, 1970.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291b, 291d, 291g, 291o of

this title.

-End-

-CITE-

42 USC Sec. 291b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291b. State allotments

-STATUTE-

(a) Computation for individual States; formulas for both new

construction and modernization

(1) Each State shall be entitled for each fiscal year to an

allotment bearing the same ratio to the sums appropriated for such

year pursuant to subparagraphs (1), (2), and (3), respectively, of

section 291a(a) of this title, and to an allotment bearing the same

ratio to the sums appropriated for such year pursuant to section

291a(b) of this title, as the product of -

(A) the population of such State, and

(B) the square of its allotment percentage,

bears to the sum of the corresponding products for all of the

States.

(2) For each fiscal year, the Secretary shall, in accordance with

regulations, make allotments among the States, from the sums

appropriated for such year under section 291a(c) of this title, on

the basis of the population, the financial need, and the extent of

the need for modernization of the facilities referred to in

paragraphs (a) and (b) of section 291a of this title, of the

respective States.

(b) Minimum allotments

(1) The allotment to any State under subsection (a) of this

section for any fiscal year which is less than -

(A) $50,000 for the Virgin Islands, American Samoa, the Trust

Territory of the Pacific Islands, or Guam and $100,000 for any

other State, in the case of an allotment for grants for the

construction of public or other nonprofit rehabilitation

facilities,

(B) $100,000 for the Virgin Islands, American Samoa, the Trust

Territory of the Pacific Islands, or Guam and $200,000 for any

other State in the case of an allotment for grants for the

construction of public or other nonprofit outpatient facilities,

(C) $200,000 for the Virgin Islands, American Samoa, the Trust

Territory of the Pacific Islands, or Guam and $300,000 for any

other State in the case of an allotment for grants for the

construction of public or other nonprofit facilities for

long-term care or for the construction of public or other

nonprofit hospitals and public health centers, or for the

modernization of facilities referred to in paragraph (a) or (b)

of section 291a of this title, or

(D) $200,000 for the Virgin Islands, American Samoa, the Trust

Territory of the Pacific Islands, or Guam and $300,000 for any

other State in the case of an allotment for grants for the

modernization of facilities referred to in paragraphs (a) and (b)

of section 291a of this title,

shall be increased to that amount, the total of the increases

thereby required being derived by proportionately reducing the

allotment from appropriations under such subparagraph or paragraph

to each of the remaining States under subsection (a) of this

section, but with such adjustments as may be necessary to prevent

the allotment of any of such remaining States from appropriations

under such subparagraph or paragraph from being thereby reduced to

less than that amount.

(2) An allotment of the Virgin Islands, American Samoa, the Trust

Territory of the Pacific Islands, or Guam for any fiscal year may

be increased as provided in paragraph (1) only to the extent it

satisfies the Surgeon General, at such time prior to the beginning

of such year as the Surgeon General may designate, that such

increase will be used for payments under and in accordance with the

provisions of this part.

(c) Allotment percentages; definitions; determination

For the purposes of this part -

(1) The "allotment percentage" for any State shall be 100 per

centum less that percentage which bears the same ratio to 50 per

centum as the per capita income of such State bears to the per

capita income of the United States, except that (A) the allotment

percentage shall in no case be more than 75 per centum or less than

33 1/3 per centum, and (B) the allotment percentage for the

Commonwealth of Puerto Rico, Guam, American Samoa, the Trust

Territory of the Pacific Islands, and the Virgin Islands shall be

75 per centum.

(2) The allotment percentages shall be determined by the Surgeon

General between July 1 and September 30 of each even-numbered year,

on the basis of the average of the per capita incomes of each of

the States and of the United States for the three most recent

consecutive years for which satisfactory data are available from

the Department of Commerce, and the States shall be notified

promptly thereof. Such determination shall be conclusive for each

of the two fiscal years in the period beginning July 1 next

succeeding such determination.

(3) The population of the several States shall be determined on

the basis of the latest figures certified by the Department of

Commerce.

(4) The term "United States" means (but only for purposes of

paragraphs (1) and (2)) the fifty States and the District of

Columbia.

(d) Availability of allotments in subsequent years

(1) Any sum allotted to a State, other than the Virgin Islands,

American Samoa, the Trust Territory of the Pacific Islands, and

Guam for a fiscal year under this section and remaining unobligated

at the end of such year shall remain available to such State, for

the purpose for which made, for the next two fiscal years (and for

such years only), in addition to the sums allotted to such State

for such purposes for such next two fiscal years.

(2) Any sum allotted to the Virgin Islands, American Samoa, the

Trust Territory of the Pacific Islands, or Guam for a fiscal year

under this section and remaining unobligated at the end of such

year shall remain available to it, for the purpose for which made,

for the next two fiscal years (and for such years only), in

addition to the sums allotted to it for such purpose for each of

such next two fiscal years.

(e) Transfer of allotments

(1) Upon the request of any State that a specified portion of any

allotment of such State under subsection (a) of this section for

any fiscal year be added to any other allotment or allotments of

such State under such subsection for such year, the Secretary shall

promptly (but after application of subsection (b) of this section)

adjust the allotments of such State in accordance with such request

and shall notify the State agency; except that the aggregate of the

portions so transferred from an allotment for a fiscal year

pursuant to this paragraph may not exceed the amount specified with

respect to such allotment in clause (A), (B), (C), or (D), as the

case may be, of subsection (b)(1) of this section which is

applicable to such State.

(2) In addition to the transfer of portions of allotments under

paragraph (1), upon the request of any State that a specified

portion of any allotment of such State under subsection (a) of this

section, other than an allotment for grants for the construction of

public or other nonprofit rehabilitation facilities, be added to

another allotment of such State under such subsection, other than

an allotment for grants for the construction of public or other

nonprofit hospitals and public health centers, and upon

simultaneous certification to the Secretary by the State agency in

such State to the effect that -

(A) it has afforded a reasonable opportunity to make

applications for the portion so specified and there have been no

approvable applications for such portion, or

(B) in the case of a request to transfer a portion of an

allotment for grants for the construction of public or other

nonprofit hospitals and public health centers, use of such

portion as requested by such State agency will better carry out

the purposes of this subchapter,

the Secretary shall promptly (but after application of subsection

(b) of this section) adjust the allotments of such State in

accordance with such request and shall notify the State agency.

(3) In addition to the transfer of portions of allotments under

paragraph (1) or (2), upon the request of any State that a

specified portion of an allotment of such State under paragraph (2)

of subsection (a) of this section be added to an allotment of such

State under paragraph (1) of such subsection for grants for the

construction of public or other nonprofit hospitals and public

health centers, and upon simultaneous certification by the State

agency in such State to the effect that the need for new public or

other nonprofit hospitals and public health centers is

substantially greater than the need for modernization of facilities

referred to in paragraph (a) or (b) of section 291a of this title,

the Secretary shall promptly (but after application of subsection

(b) of this section) adjust the allotments of such State in

accordance with such request and shall notify the State agency.

(4) After adjustment of allotments of any State, as provided in

paragraph (1), (2), or (3) of this subsection, the allotments as so

adjusted shall be deemed to be the State's allotments under this

section.

(f) Request by State to transfer portion of allotment

In accordance with regulations, any State may file with the

Surgeon General a request that a specified portion of an allotment

to it under this part for grants for construction of any type of

facility, or for modernization of facilities, be added to the

corresponding allotment of another State for the purpose of meeting

a portion of the Federal share of the cost of a project for the

construction of a facility of that type in such other State, or for

modernization of a facility in such other State, as the case may

be. If it is found by the Surgeon General (or, in the case of a

rehabilitation facility, by the Surgeon General and the Secretary)

that construction or modernization of the facility with respect to

which the request is made would meet needs of the State making the

request and that use of the specified portion of such State's

allotment, as requested by it, would assist in carrying out the

purposes of this subchapter, such portion of such State's allotment

shall be added to the corresponding allotment of the other State,

to be used for the purpose referred to above.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 602, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 448; amended Pub. L.

90-574, title IV, Sec. 402(b), Oct. 15, 1968, 82 Stat. 1011; Pub.

L. 91-296, title I, Secs. 103(a), (b), 104, 116(a), 119(a)-(c),

122, June 30, 1970, 84 Stat. 338, 341, 343, 344.)

-MISC1-

PRIOR PROVISIONS

A prior section 291b, act July 1, 1944, ch. 373, title VI, Sec.

612, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041,

related to a State application for funds, its requirements and its

approval, prior to the general amendment of this subchapter by Pub.

L. 88-443.

A prior section 291c, act July 1, 1944, ch. 373, title VI, Sec.

624, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1941,

related to subject matter similar to this section, prior to the

general amendment of this subchapter by Pub. L. 88-443.

A prior section 291g, act July 1, 1944, ch. 373, title VI, Sec.

624, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended June 29, 1948, ch. 728, Sec. 1, 62 Stat. 1103; Oct. 25,

1949, ch. 722, Secs. 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch.

852, Sec. 19(c), 70 Stat. 911; Sept. 25, 1962, Pub. L. 87-688, Sec.

4(a)(3), 76 Stat. 587, related to subject matter similar to this

section, prior to the general amendment of this subchapter by Pub.

L. 88-443.

A prior section 291i(a) to (d), act July 1, 1944, ch. 373, title

VI, Sec. 631, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat.

1041; amended June 19, 1948, ch. 544, 62 Stat. 531; Aug. 1, 1956,

ch. 852, Sec. 19(a), (b), 70 Stat. 911; June 25, 1959, Pub. L.

86-70, Sec. 31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86-624,

Sec. 29(d), 74 Stat. 419; Sept. 25, 1962, Pub. L. 87-688, Sec.

4(a)(2), 76 Stat. 587, related to subject matter similar to this

section, prior to the general amendment of this subchapter by Pub.

L. 88-443.

A prior section 291n-1, act July 1, 1944, ch. 373, title VI, Sec.

637, formerly Sec. 654(c), as added July 12, 1954, ch. 471, Sec. 3,

68 Stat. 463, renumbered and amended Aug. 14, 1959, Pub. L. 86-158,

title II, Sec. 201, 73 Stat. 349, related to subject matter similar

to this section, prior to the general amendment of this subchapter

by Pub. L. 88-443.

A prior section 291r, act July 1, 1944, ch. 373, title VI, Sec.

648, as added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 462, related

to subject matter similar to this section, prior to the general

amendment of this subchapter by Pub. L. 88-443.

A prior section 291t, act July 1, 1944, ch. 373, title VI, Sec.

652, as added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 462; amended

Aug. 1, 1956, ch. 852, Sec. 19(c), 70 Stat. 911; Oct. 5, 1961, Pub.

L. 87-395, Sec. 3(b), 75 Stat. 825; Sept. 25, 1962, Pub. L. 87-688,

Sec. 4(a)(3), 76 Stat. 587, related to subject matter similar to

this section, prior to the general amendment of this subchapter by

Pub. L. 88-443.

A prior section 291v(b), act July 1, 1944, ch. 373, title VI,

Sec. 654, as added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 463,

related to subject matter similar to this section, prior to the

general amendment of this subchapter by Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (a)(1). Pub. L. 91-296, Sec. 103(a), substituted

"sums appropriated for such year" for "new hospital portion of the

sums appropriated for such year" and struck out provision setting

out a formula for determining new hospital portion of sums

appropriated pursuant to section 291a(b) of this title.

Subsec. (a)(2). Pub. L. 91-296, Sec. 103(a), substituted

"Secretary" for "Surgeon General", and substituted reference to

sums appropriated for such year under section 291a(c) of this title

for reference to remainder of sums appropriated pursuant to section

291a(b) of this title (which portion was to be available for grants

for modernization of facilities referred to in paragraphs (a) and

(b) of section 291a of this title).

Subsec. (b)(1)(A). Pub. L. 91-296, Secs. 103(b)(1), 119(a)(1),

substituted "$50,000" and "$100,000" for "$25,000" and "$50,000",

respectively, and inserted reference to Trust Territory of the

Pacific Islands.

Subsec. (b)(1)(B). Pub. L. 91-296, Secs. 103(b)(2), 116(a),

119(a)(1), substituted "$100,000" and "$200,000" for "$50,000" and

"$100,000", respectively, substituted "outpatient facilities" for

"diagnostic or treatment centers", and inserted reference to Trust

Territory of the Pacific Islands.

Subsec. (b)(1)(C). Pub. L. 91-296, Secs. 103(b)(3), 119(a)(1),

substituted "$200,000" and "$300,000" for "$100,000" and

"$200,000", respectively, and inserted reference to Trust Territory

of the Pacific Islands.

Subsec. (b)(1)(D). Pub. L. 91-296, Sec. 103(b)(4), added subpar.

(D).

Subsecs. (b)(2), (c)(1). Pub. L. 91-296, Sec. 119(a)(2), (b),

inserted reference to Trust Territory of the Pacific Islands.

Subsec. (d)(1). Pub. L. 91-296, Secs. 119(c), 122, inserted

reference to Trust Territory of the Pacific Islands and substituted

two years for one year as the time span following a year in which

allotted sums remaining unobligated at the end thereof during which

such unobligated funds remain available.

Subsec. (d)(2). Pub. L. 91-296, Sec. 119(c), inserted references

to Trust Territory of the Pacific Islands.

Subsec. (e). Pub. L. 91-296, Sec. 104, authorized any State to

make transfers of any amount up to the minimum amount allotted to

any state for a particular category and authorized all amounts

above such minimums to be transferred from one category of

assistance to another without restriction on the amounts with the

exception that no funds could be transferred from rehabilitation

facilities category or to new hospital construction category and

that all transfers be justified on the basis that either there are

no approvable applications in the category from which funds are

transferred or, in case of transfers from new hospital construction

category, the purposes of the program would be better served by the

transfer, and authorized transfers to new hospital construction

from modernization category if need is greater.

1968 - Subsec. (a)(1). Pub. L. 90-574, Sec. 402(b)(1), inserted

provision for two-thirds of the sums appropriated in the case of

the fifth fiscal year thereafter.

Subsec. (e)(2)(E). Pub. L. 90-574, Sec. 402(b)(2), added subpar.

(E).

EFFECTIVE DATE OF 1970 AMENDMENT

Section 103(a) of Pub. L. 91-296 provided that the amendment made

by that section is effective with respect to appropriations made

pursuant to section 291a of this title for fiscal years beginning

after June 30, 1970.

Section 103(b) of Pub. L. 91-296 provided that the amendment made

by that section is effective with respect to allotments from

appropriations made pursuant to section 291a of this title for

fiscal years beginning after June 30, 1970.

Section 104 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to allotments made pursuant

to section 291a of this title for fiscal years beginning after June

30, 1970.

Section 119(e) of Pub. L. 91-296 provided that: "The amendments

made by this section [amending this section and section 291o of

this title] shall apply with respect to allotments (and grants

therefrom) under part A of title VI of the Public Health Service

Act [this part] for fiscal years ending after June 30, 1970, and

with respect to loan guarantees and loans under part B of such

title [part B of this subchapter] made after June 30, 1970."

Section 122 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to allotments made from

appropriations under section 291a of this title for fiscal years

beginning after June 30, 1970.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC2-

AVAILABILITY OF FUNDS FOR OBLIGATION FROM ALLOTMENT FOR

ADMINISTRATION OF PLAN

Pub. L. 93-641, Sec. 5(b), Jan. 4, 1975, 88 Stat. 2274, provided

that any State having in the fiscal year ending June 30, 1975 or

the next fiscal year funds available for obligation from its

allotments under section 291a et seq. of this title, may in such

fiscal year use for the proper and efficient administration during

such year of its State plan an amount of such funds not exceeding 4

percentum of such funds or $100,000, whichever is less.

ALLOTMENT STUDY; REPORT TO CONGRESS

Section 103(c) of Pub. L. 91-296 directed Secretary to study

effects of the formula specified in subsec. (a)(1) of this section

for allotment among the States for construction of health

facilities, with results of such study together with

recommendations for change to be reported to Congress on May 15,

1972.

APPROVAL OF APPLICATION FOR MODERNIZATION PRIOR TO JULY 1, 1965, OR

BEFORE APPROVAL OF A STATE PLAN

Section 3(b)(5) of Pub. L. 88-443, providing that no application

for modernization of any facility may be approved for purposes of

receiving funds before the approval of a State plan, as well as

other requirements, is set out as an Effective Date note under

section 291 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291o of this title.

-End-

-CITE-

42 USC Sec. 291c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291c. General regulations

-STATUTE-

The Surgeon General, with the approval of the Federal Hospital

Council and the Secretary of Health and Human Services shall by

general regulations prescribe -

(a) Priority of projects; determination

the general manner in which the State agency shall determine

the priority of projects based on the relative need of different

areas lacking adequate facilities of various types for which

assistance is available under this part, giving special

consideration -

(1) in the case of projects for the construction of

hospitals, to facilities serving areas with relatively small

financial resources and, at the option of the State, rural

communities;

(2) in the case of projects for the construction of

rehabilitation facilities, to facilities operated in connection

with a university teaching hospital which will provide an

integrated program of medical, psychological, social, and

vocational evaluation and services under competent supervision;

(3) in the case of projects for modernization of facilities,

to facilities serving densely populated areas;

(4) in the case of projects for construction or modernization

of outpatient facilities, to any outpatient facility that will

be located in, and provide services for residents of, an area

determined by the Secretary to be a rural or urban poverty

area;

(5) to projects for facilities which, alone or in conjunction

with other facilities, will provide comprehensive health care,

including outpatient and preventive care as well as

hospitalization;

(6) to facilities which will provide training in health or

allied health professions; and

(7) to facilities which will provide to a significant extent,

for the treatment of alcoholism;

(b) Standards of construction and equipment

general standards of construction and equipment for facilities

of different classes and in different types of location, for

which assistance is available under this part;

(c) Criteria for determining needs for beds, hospitals and other

facilities; plans for distribution of beds and facilities

criteria for determining needs for general hospital and

long-term care beds, and needs for hospitals and other facilities

for which aid under this part is available, and for developing

plans for the distribution of such beds and facilities;

(d) Criteria for determining need for modernization

criteria for determining the extent to which existing

facilities, for which aid under this part is available, are in

need of modernization; and

(e) State plan requirements; assurances necessary for approval of

application

that the State plan shall provide for adequate hospitals, and

other facilities for which aid under this part is available, for

all persons residing in the State, and adequate hospitals (and

such other facilities) to furnish needed services for persons

unable to pay therefor. Such regulations may also require that

before approval of an application for a project is recommended by

a State agency to the Surgeon General for approval under this

part, assurance shall be received by the State from the applicant

that (1) the facility or portion thereof to be constructed or

modernized will be made available to all persons residing in the

territorial area of the applicant; and (2) there will be made

available in the facility or portion thereof to be constructed or

modernized a reasonable volume of services to persons unable to

pay therefor, but an exception shall be made if such a

requirement is not feasible from a financial viewpoint.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 603, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 451; amended Pub. L.

88-581, Sec. 3(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 91-296,

title I, Sec. 110, June 30, 1970, 84 Stat. 339; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

PRIOR PROVISIONS

A prior section 291c, act July 1, 1944, ch. 373, title VI, Sec.

613, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041,

related to allotments to States, the determination of their amount,

and the disposition of unexpended funds, prior to the general

amendment of this subchapter by Pub. L. 88-443. See section 291(a),

(b) and (d) of this title.

Provisions similar to those comprising this section were

contained in a prior section 291e, act July 1, 1944, ch. 373, title

VI, Sec. 622, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat.

1041; amended 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11,

1953, 18 F.R. 2053, 67 Stat. 631, prior to the general amendment of

this subchapter by Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-296 struck out from cl. (1)

provisions requiring that States give special consideration for

projects for hospitals serving rural areas but inserted provisions

making such preference optional with each State and added cls. (4)

to (7).

1964 - Subsec. (a)(4). Pub. L. 88-581 struck out cl. (4) relating

to hospital facilities which "will include new or expanded

facilities for nurse training".

EFFECTIVE DATE OF 1970 AMENDMENT

Section 110 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to applications approved

under this subchapter after June 30, 1970.

EFFECTIVE DATE OF 1964 AMENDMENT

Section 3(b) of Pub. L. 88-581 provided that the amendments made

by such section 3(b) [amending this section and sections 291o and

293c of this title] are effective with respect to applications for

grants from appropriations for fiscal years beginning after June

30, 1965.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Health and Human Services" substituted in text for

"Secretary of Health, Education, and Welfare" pursuant to section

509(b) of Pub. L. 96-88 which is classified to section 3508(b) of

Title 20, Education.

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291d, 291e, 291i, 291j-3

of this title.

-End-

-CITE-

42 USC Sec. 291d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291d. State plans

-STATUTE-

(a) Submission; requirements

Any State desiring to participate in this part may submit a State

plan. Such plan must -

(1) designate a single State agency as the sole agency for the

administration of the plan, or designate such agency as the sole

agency for supervising the administration of the plan;

(2) contain satisfactory evidence that the State agency

designated in accordance with paragraph (1) of this subsection

will have authority to carry out such plan in conformity with

this part;

(3) provide for the designation of a State advisory council

which shall include (A) representatives of nongovernmental

organizations or groups, and of public agencies, concerned with

the operation, construction, or utilization of hospital or other

facilities for diagnosis, prevention, or treatment of illness or

disease, or for provision of rehabilitation services, and

representatives particularly concerned with education or training

of health professions personnel, and (B) an equal number of

representatives of consumers familiar with the need for the

services provided by such facilities, to consult with the State

agency in carrying out the plan, and provide, if such council

does not include any representatives of nongovernmental

organizations or groups, or State agencies, concerned with

rehabilitation, for consultation with organizations, groups, and

State agencies so concerned;

(4) set forth, in accordance with criteria established in

regulations prescribed under section 291c of this title and on

the basis of a statewide inventory of existing facilities, a

survey of need, and (except to the extent provided by or pursuant

to such regulations) community, area, or regional plans -

(A) the number of general hospital beds and long-term care

beds, and the number and types of hospital facilities and

facilities for long-term care, needed to provide adequate

facilities for inpatient care of people residing in the State,

and a plan for the distribution of such beds and facilities in

service areas throughout the State;

(B) the public health centers needed to provide adequate

public health services for people residing in the State, and a

plan for the distribution of such centers throughout the State;

(C) the outpatient facilities needed to provide adequate

diagnostic or treatment services to ambulatory patients

residing in the State, and a plan for distribution of such

facilities throughout the State;

(D) the rehabilitation facilities needed to assure adequate

rehabilitation services for disabled persons residing in the

State, and a plan for distribution of such facilities

throughout the State; and

(E) effective January 1, 1966, the extent to which existing

facilities referred to in section 291a(a) or (b) of this title

in the State are in need of modernization;

(5) set forth a construction and modernization program

conforming to the provisions set forth pursuant to paragraph (4)

of this subsection and regulations prescribed under section 291c

of this title and providing for construction or modernization of

the hospital or long-term care facilities, public health centers,

outpatient facilities, and rehabilitation facilities which are

needed, as determined under the provisions so set forth pursuant

to paragraph (4) of this subsection;

(6) set forth, with respect to each of such types of medical

facilities, the relative need, determined in accordance with

regulations prescribed under section 291c of this title, for

projects for facilities of that type, and provide for the

construction or modernization, insofar as financial resources

available therefor and for maintenance and operation make

possible, in the order of such relative need;

(7) provide minimum standards (to be fixed in the discretion of

the State) for the maintenance and operation of facilities

providing inpatient care which receive aid under this part and,

effective July 1, 1966, provide for enforcement of such standards

with respect to projects approved by the Surgeon General under

this part after June 30, 1964;

(8) provide such methods of administration of the State plan,

including methods relating to the establishment and maintenance

of personnel standards on a merit basis (except that the Surgeon

General shall exercise no authority with respect to the

selection, tenure of office, or compensation of any individual

employed in accordance with such methods), as are found by the

Surgeon General to be necessary for the proper and efficient

operation of the plan;

(9) provide for affording to every applicant for a construction

or modernization project an opportunity for a hearing before the

State agency;

(10) provide that the State agency will make such reports, in

such form and containing such information, as the Surgeon General

may from time to time reasonably require, and will keep such

records and afford such access thereto as the Surgeon General may

find necessary to assure the correctness and verification of such

reports;

(11) provide that the Comptroller General of the United States

or his duly authorized representatives shall have access for the

purpose of audit and examination to the records specified in

paragraph (10) of this subsection;

(12) provide that the State agency will from time to time, but

not less often than annually, review its State plan and submit to

the Surgeon General any modifications thereof which it considers

necessary; and

(13) Effective July 1, 1971, provide that before any project

for construction or modernization of any general hospital is

approved by the State agency there will be reasonable assurance

of adequate provision for extended care services (as determined

in accordance with regulations) to patients of such hospital when

such services are medically appropriate for them, with such

services being provided in facilities which (A) are structurally

part of, physically connected with, or in immediate proximity to,

such hospital, and (B) either (i) are under the supervision of

the professional staff of such hospital or (ii) have organized

medical staffs and have in effect transfer agreements with such

hospital; except that the Secretary may, at the request of the

State agency, waive compliance with clause (A) or (B), or both

such clauses, as the case may be, in the case of any project if

the State agency has determined that compliance with such clause

or clauses in such case would be inadvisable.

(b) Approval by Surgeon General; hearing after disapproval

The Surgeon General shall approve any State plan and any

modification thereof which complies with the provisions of

subsection (a) of this section. If any such plan or modification

thereof shall have been disapproved by the Surgeon General for

failure to comply with subsection (a) of this section, the Federal

Hospital Council shall, upon request of the State agency, afford it

an opportunity for hearing. If such Council determines that the

plan or modification complies with the provisions of such

subsection, the Surgeon General shall thereupon approve such plan

or modification.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 604, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 452; amended Pub. L.

91-296, title I, Secs. 115, 116(b), (c), 123, June 30, 1970, 84

Stat. 341, 342, 344.)

-MISC1-

PRIOR PROVISIONS

A prior section 291d, act July 1, 1944, ch. 373, title VI, Sec.

621, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended Oct. 25, 1949, ch. 722, Sec. 2(a), 63 Stat. 898; July 27,

1953, ch. 243, 67 Stat. 196; Aug. 2, 1956, ch. 871, title IV, Sec.

401, 70 Stat. 929; Aug. 14, 1958, Pub. L. 85-664, Sec. 1(a), 72

Stat. 616, authorized appropriations for construction of hospitals

and related facilities, prior to the general amendment of this

subchapter by Pub. L. 88-443. See section 291a of this title.

Provisions similar to those comprising this section were

contained in a prior section 291f(a), (b), act July 1, 1944, ch.

373, title VI, Sec. 623, as added Aug. 13, 1946, ch. 958, Sec. 2,

60 Stat. 1041, prior to the general amendment of this subchapter by

Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (a)(3). Pub. L. 91-296, Sec. 115, inserted

requirement that State advisory councils include representatives

particularly concerned with education or training of health

professions personnel.

Subsec. (a)(4)(C). Pub. L. 91-296, Sec. 116(b), substituted

"outpatient facilities" for "diagnostic or treatment centers" and

"such facilities" for "such centers".

Subsec. (a)(5). Pub. L. 91-296, Sec. 116(c), substituted

"outpatient facilities" for "diagnostic or treatment centers".

Subsec. (a)(13). Pub. L. 91-296, Sec. 123, added par. (13).

EFFECTIVE DATE OF 1970 AMENDMENT

Section 115 of Pub. L. 91-296 provided that the amendment made by

that section is effective July 1, 1970.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary of Health and Human

Services under subsec. (a)(8) of this section, insofar as relates

to the prescription of personnel standards on a merit basis,

transferred to Office of Personnel Management, see section

4728(a)(3)(C) of this title.

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

FUNDS FOR MODERNIZATION PROJECTS; CONDITIONS TO BE MET BEFORE

APPROVAL

Section 3(b)(5) of Pub. L. 88-443 provided that no application

with respect to a modernization project may be approved for

purposes of receiving funds from an allotment under section

291(a)(2) of this title before July 1, 1965, or before a State plan

has been approved, as well as certain other requirements. See

Effective Date note under section 291 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291e, 291g, 291i, 291j-3,

291j-9, 291l, 291o, 1320a-1, 4728 of this title; title 12 sections

1715w, 1715-7.

-End-

-CITE-

42 USC Sec. 291e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291e. Projects for construction or modernization

-STATUTE-

(a) Application; contents

For each project pursuant to a State plan approved under this

part, there shall be submitted to the Surgeon General, through the

State agency, an application by the State or a political

subdivision thereof or by a public or other nonprofit agency. If

two or more such agencies join in the project, the application may

be filed by one or more of such agencies. Such application shall

set forth -

(1) a description of the site for such project;

(2) plans and specifications therefor, in accordance with

regulations prescribed under section 291c of this title;

(3) reasonable assurance that title to such site is or will be

vested in one or more of the agencies filing the application or

in a public or other nonprofit agency which is to operate the

facility on completion of the project;

(4) reasonable assurance that adequate financial support will

be available for the completion of the project and for its

maintenance and operation when completed;

(5) reasonable assurance that all laborers and mechanics

employed by contractors or subcontractors in the performance of

construction or modernization on the project will be paid wages

at rates not less than those prevailing on similar work in the

locality as determined by the Secretary of Labor in accordance

with sections 3141-3144, 3146, and 3147 of title 40; and the

Secretary of Labor shall have with respect to the labor standards

specified in this paragraph the authority and functions set forth

in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and

section 3145 of title 40; and

(6) a certification by the State agency of the Federal share

for the project.

(b) Approval by Surgeon General; requisites; additional approval by

Secretary of Health and Human Services

The Surgeon General shall approve such application if sufficient

funds to pay the Federal share of the cost of such project are

available from the appropriate allotment to the State, and if the

Surgeon General finds (1) that the application contains such

reasonable assurance as to title, financial support, and payment of

prevailing rates of wages; (2) that the plans and specifications

are in accord with the regulations prescribed pursuant to section

291c of this title; (3) that the application is in conformity with

the State plan approved under section 291d of this title and

contains an assurance that in the operation of the project there

will be compliance with the applicable requirements of the

regulations prescribed under section 291c(e) of this title, and

with State standards for operation and maintenance; and (4) that

the application has been approved and recommended by the State

agency, opportunity has been provided, prior to such approval and

recommendation, for consideration of the project by the public or

nonprofit private agency or organization which has developed the

comprehensive regional, metropolitan area, or other local area plan

or plans referred to in section 246(b) of this title covering the

area in which such project is to be located or, if there is no such

agency or organization, by the State agency administering or

supervising the administration of the State plan approved under

section 246(a) of this title, and the application is for a project

which is entitled to priority over other projects within the State

in accordance with the regulations prescribed pursuant to section

291c(a) of this title. Notwithstanding the preceding sentence, the

Surgeon General may approve such an application for a project for

construction or modernization of a rehabilitation facility only if

it is also approved by the Secretary of Health and Human Services.

(c) Opportunity for hearing required prior to disapproval

No application shall be disapproved until the Surgeon General has

afforded the State agency an opportunity for a hearing.

(d) Amendments subject to same approval as original applications

Amendment of any approved application shall be subject to

approval in the same manner as an original application.

(e) Outpatient facilities; requirements of applicants

Notwithstanding any other provision of this subchapter, no

application for an outpatient facility shall be approved under this

section unless the applicant is (1) a State, political subdivision,

or public agency, or (2) a corporation or association which owns

and operates a nonprofit hospital (as defined in section 291o of

this title) or which provides reasonable assurance that the

services of a general hospital will be available to patients of

such facility who are in need of hospital care.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 605, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 453; amended Pub. L.

91-296, title I, Secs. 111(a), 116(e), June 30, 1970, 84 Stat. 340,

342; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat.

695.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in subsec.

(a)(5), is set out in the Appendix to Title 5, Government

Organization and Employees.

-COD-

CODIFICATION

In subsec. (a) (5), "sections 3141-3144, 3146, and 3147 of title

40" substituted for "the Davis-Bacon Act, as amended (40 U.S.C.

276a - 276a-5)" and "section 3145 of title 40" substituted for

"section 2 of the Act of June 13, 1934, as amended (40 U.S.C.

276c)" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

PRIOR PROVISIONS

A prior section 291e, act July 1944, ch. 373, title VI, Sec. 622,

as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041; amended

1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R.

2053, 67 Stat. 631, authorized Surgeon General to prescribe general

regulations, prior to the general amendment of this subchapter by

Pub. L. 88-443. See section 291c of this title.

A prior section 291h(a), (c), act July 1, 1944, ch. 373, title

VI, Sec. 625, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat.

1041; amended Oct. 25, 1949, ch. 722, Sec. 8, 63 Stat. 901, related

to subject matter similar to this section, prior to the general

amendment of this subchapter by Pub. L. 88-443.

A prior section 291v(d), act July 1, 1944, ch. 373, title VI,

Sec. 654, as added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 463,

related to subject matter similar to this section, prior to the

general amendment of this subchapter by Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (b)(4). Pub. L. 91-296, Sec. 111(a), inserted

provisions requiring that the appropriate area wide health planning

agency be given an opportunity to consider the project for which an

application is made before approval is given.

Subsec. (e). Pub. L. 91-296, Sec. 116(e), substituted "an

outpatient facility" for "a diagnostic or treatment center" and

inserted provisions extending coverage to include corporations and

associations which, although not owning or operating hospitals

offer services of a general hospital to patients in need of

hospital care.

EFFECTIVE DATE OF 1970 AMENDMENT

Section 111(a) of Pub. L. 91-296 provided that the amendment made

by that section is effective with respect to applications approved

under this subchapter after June 30, 1970.

Amendment by section 116(e) of Pub. L. 91-296 applicable with

respect to applications approved under this subchapter after June

30, 1970, see section 116(g) of Pub. L. 91-296, set out as a note

under section 291o of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (b)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20.

-MISC2-

APPLICATIONS APPROVED PRIOR TO AUG. 18, 1964

Section 3(b)(1) of Pub. L. 88-443, providing that applications

approved, and allotments appropriated prior to Aug. 18, 1964, shall

be governed by this subchapter as in effect prior to such date, is

set out as an Effective Date note under section 291 of this title.

FUNDS FOR MODERNIZATION PROJECTS; CONDITIONS TO BE MET BEFORE

APPROVAL

Section 3(b)(5) of Pub. L. 88-443 provided that no application

with respect to a modernization project may be approved for

purposes of receiving funds from an allotment under section

291(a)(2) of this title before July 1, 1965, or before a State plan

has been approved, as well as certain other requirements. See

Effective Date note set out under section 291 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291f, 291g, 291h, 291i,

291j-3 of this title.

-End-

-CITE-

42 USC Sec. 291f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291f. Payments for construction or modernization

-STATUTE-

(a) Certification of work by Surgeon General; conditions affecting

payments

Upon certification to the Surgeon General by the State agency,

based upon inspection by it, that work has been performed upon a

project, or purchases have been made, in accordance with the

approved plans and specifications, and that payment of an

installment is due to the applicant, such installment shall be paid

to the State, from the applicable allotment of such State, except

that (1) if the State is not authorized by law to make payments to

the applicant, or if the State so requests, the payment shall be

made directly to the applicant, (2) if the Surgeon General, after

investigation or otherwise, has reason to believe that any act (or

failure to act) has occurred requiring action pursuant to section

291g of this title, payment may, after he has given the State

agency notice of opportunity for hearing pursuant to such section,

be withheld, in whole or in part, pending corrective action or

action based on such hearing, and (3) the total of payments under

this subsection with respect to such project may not exceed an

amount equal to the Federal share of the cost of construction of

such project.

(b) Additional payments in cases of amended applications

In case an amendment to an approved application is approved as

provided in section 291e of this title or the estimated cost of a

project is revised upward, any additional payment with respect

thereto may be made from the applicable allotment of the State for

the fiscal year in which such amendment or revision is approved.

(c) Administration expenses; use of portion of allotments to

defray; manner of payment

(1) At the request of any State, a portion of any allotment or

allotments of such State under this part shall be available to pay

one-half (or such smaller share as the State may request) of the

expenditures found necessary by the Surgeon General for the proper

and efficient administration during such year of the State plan

approved under this part; except that not more than 4 per centum of

the total of the allotments of such State for a year, or $100,000,

whichever is less, shall be available for such purpose for such

year. Payments of amounts due under this paragraph may be made in

advance or by way of reimbursement, and in such installments, as

the Surgeon General may determine.

(2) Any amount paid under paragraph (1) of this subsection to any

State for any fiscal year shall be paid on condition that there

shall be expended from State sources for such year for

administration of the State plan approved under this part not less

than the total amount expended for such purposes from such sources

during the fiscal year ending June 30, 1970.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 606, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 454; amended Pub. L.

91-296, title I, Sec. 112, June 30, 1970, 84 Stat. 340.)

-MISC1-

PRIOR PROVISIONS

A prior section 291f, act July 1, 1944, ch. 373, title VI, Sec.

623, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended June 19, 1948, ch. 554, 62 Stat. 536; Oct. 25, 1949, ch.

722, Sec. 3(a), 63 Stat. 899, related to State plans, their

submission, and their requirements, prior to the general amendment

of this subchapter by Pub. L. 88-443. See section 291d of this

title.

Provisions similar to those comprising subsec. (a) of this

section were contained in former section 291h(b), acts July 1,

1944, ch. 373, title VI, Sec. 625, as added Aug. 13, 1946, ch. 958,

Sec. 2, 60 Stat. 1041; amended Oct. 25, 1949, ch. 722, Sec. 3(b),

63 Stat. 899, prior to the general amendment of this subchapter by

Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (c)(1). Pub. L. 91-296, Sec. 112(1), substituted

"4 per centum" for "2 per centum" and "$100,000 for $50,000".

Subsec. (c)(2). Pub. L. 91-296, Sec. 112(2), substituted "June

30, 1970" for "June 30, 1964".

EFFECTIVE DATE OF 1970 AMENDMENT

Section 112 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to expenditures under a

State plan approved under this subchapter which are made for

administration of such plan during any fiscal year beginning after

June 30, 1970.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291i, 3338 of this title.

-End-

-CITE-

42 USC Sec. 291g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291g. Withholding of payments; noncompliance with requirements

-STATUTE-

Whenever the Surgeon General, after reasonable notice and

opportunity for hearing to the State agency designated as provided

in section 291d(a)(1) of this title, finds -

(a) that the State agency is not complying substantially with

the provisions required by section 291d of this title to be

included in its State plan; or

(b) that any assurance required to be given in an application

filed under section 291e of this title is not being or cannot be

carried out; or

(c) that there is a substantial failure to carry out plans and

specifications approved by the Surgeon General under section 291e

of this title; or

(d) that adequate State funds are not being provided annually

for the direct administration of the State plan,

the Surgeon General may forthwith notify the State agency that -

(e) no further payments will be made to the State under this

part, or

(f) no further payments will be made from the allotments of

such State from appropriations under any one or more

subparagraphs or paragraphs of section 291a of this title, or for

any project or projects, designated by the Surgeon General as

being affected by the action or inaction referred to in paragraph

(a), (b), (c), or (d) of this section,

as the Surgeon General may determine to be appropriate under the

circumstances; and, except with regard to any project for which the

application has already been approved and which is not directly

affected, further payments may be withheld, in whole or in part,

until there is no longer any failure to comply (or carry out the

assurance or plans and specifications or provide adequate State

funds, as the case may be) or, if such compliance (or other action)

is impossible, until the State repays or arranges for the repayment

of Federal moneys to which the recipient was not entitled.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 607, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 455.)

-MISC1-

PRIOR PROVISIONS

A prior section 291g, act July 1, 1944, ch. 373, title VI, Sec.

624, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended June 29, 1948, ch. 728, Sec. 1, 62 Stat. 1103; Oct. 25,

1949, ch. 722, Secs. 3(b), 7, 63 Stat. 899, 901; Aug. 1, 1956, ch.

852, Sec. 19(c), 70 Stat. 911; Sept. 25, 1962, Pub. L. 87-688, Sec.

4(a)(3), 76 Stat. 587, authorized allotments to States for

construction, specified their amount, and provided for availability

for unexpended funds, prior to the general amendment of this

subchapter by Pub. L. 88-443. See section 291b of this title.

Provisions similar to those comprising this section were

contained in former section 291j(a), acts July 1, 1944, ch. 373,

title VI, Sec. 632, as added Aug. 13, 1946, ch. 958, Sec. 2, 60

Stat. 1041; amended Oct. 25, 1949, ch. 722, Sec. 4, 63 Stat. 900;

July 12, 1954, ch. 471, Sec. 4(g), 68 Stat. 466, prior to the

general amendment of this subchapter by Pub. L. 88-443.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291f, 291h of this title.

-End-

-CITE-

42 USC Sec. 291h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291h. Judicial review

-STATUTE-

(a) Refusal to approve application; procedure; jurisdiction of

court of appeals

If the Surgeon General refuses to approve any application for a

project submitted under section 291e of this title or section 291j

of this title, the State agency through which such application was

submitted, or if any State is dissatisfied with his action under

section 291g of this title such State may appeal to the United

States court of appeals for the circuit in which such State is

located, by filing a petition with such court within sixty days

after such action. A copy of the petition shall be forthwith

transmitted by the clerk of the court to the Surgeon General, or

any officer designated by him for that purpose. The Surgeon General

shall thereupon file in the court the record of the proceedings on

which he based his action, as provided in section 2112 of title 28.

Upon the filing of such petition, the court shall have jurisdiction

to affirm the action of the Surgeon General or to set it aside, in

whole or in part, temporarily or permanently, but until the filing

of the record, the Surgeon General may modify or set aside his

order.

(b) Conclusiveness of Surgeon General's findings; remand; new or

modified findings

The findings of the Surgeon General as to the facts, if supported

by substantial evidence, shall be conclusive, but the court, for

good cause shown, may remand the case to the Surgeon General to

take further evidence, and the Surgeon General may thereupon make

new or modified findings of fact and may modify his previous

action, and shall file in the court the record of the further

proceedings. Such new or modified findings of fact shall likewise

be conclusive if supported by substantial evidence.

(c) Review by Supreme Court; stay of Surgeon General's action

The judgment of the court affirming or setting aside, in whole or

in part, any action of the Surgeon General shall be final, subject

to review by the Supreme Court of the United States upon certiorari

or certification as provided in section 1254 of title 28. The

commencement of proceedings under this section shall not, unless so

specifically ordered by the court, operate as a stay of the Surgeon

General's action.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 608, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 456.)

-MISC1-

PRIOR PROVISIONS

A prior section 291h, act July 1, 1944, ch. 373, title VI, Sec.

625, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended Oct. 25, 1949, ch. 722, Secs. 3(b-d), 8, 63 Stat. 899, 901;

July 12, 1954, ch. 471, Sec. 4(b), 68 Stat. 464, related to

projects for construction, the application required and its

contents and approval by the Surgeon General, and provided for a

hearing prior to disapproval of the application, prior to the

general amendment of this subchapter by Pub. L. 88-443. See section

291e of this title.

Provisions similar to those comprising this section were

contained in former section 291j(b), act July 1, 1944, ch. 373,

title VI, Sec. 632, as added Aug. 13, 1946, ch. 958, Sec. 2, 60

Stat. 1041; amended June 28, 1948, ch. 646, Sec. 32(a), 62 Stat.

991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; July 12, 1954,

ch. 471, Sec. 4(g), 68 Stat. 466; Aug. 28, 1958, Pub. L. 85-791,

Sec. 27, 72 Stat. 950, prior to the general amendment of this

subchapter by Pub. L. 88-443.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 291i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291i. Recovery of expenditures under certain conditions

-STATUTE-

(a) Persons liable

If any facility with respect to which funds have been paid under

section 291f of this title shall, at any time within 20 years after

the completion of construction or modernization -

(1) be sold or transferred to any entity (A) which is not

qualified to file an application under section 291e of this

title, or (B) which is not approved as a transferee by the State

agency designated pursuant to section 291d of this title, or its

successor, or

(2) cease to be a public health center or a public or other

nonprofit hospital, outpatient facility, facility for long-term

care, or rehabilitation facility,

the United States shall be entitled to recover, whether from the

transferor or the transferee (or, in the case of a facility which

has ceased to be public or nonprofit, from the owners thereof) an

amount determined under subsection (c) of this section.

(b) Notice to Secretary

The transferor of a facility which is sold or transferred as

described in subsection (a)(1) of this section, or the owner of a

facility the use of which is changed as described in subsection

(a)(2) of this section, shall provide the Secretary written notice

of such sale, transfer, or change not later than the expiration of

10 days from the date on which such sale, transfer, or change

occurs.

(c) Amount of recovery; interest; interest period

(1) Except as provided in paragraph (2), the amount the United

States shall be entitled to recover under subsection (a) of this

section is an amount bearing the same ratio to the then value (as

determined by the agreement of the parties or in an action brought

in the district court of the United States for the district for

which the facility involved is situated) of so much of the facility

as constituted an approved project or projects as the amount of the

Federal participation bore to the cost of the construction or

modernization of such project or projects.

(2)(A) After the expiration of -

(i) 180 days after the date of the sale, transfer, or change of

use for which a notice is required by subsection (b) of this

section, in the case of a facility which is sold or transferred

or the use of which changes after July 18, 1984, or

(ii) thirty days after July 18, 1984, or if later 180 days

after the date of the sale, transfer, or change of use for which

a notice is required by subsection (b) of this section, in the

case of a facility which was sold or transferred or the use of

which changed before July 18, 1984.(!1)

the amount which the United States is entitled to recover under

paragraph (1) with respect to a facility shall be the amount

prescribed by paragraph (1) plus interest, during the period

described in subparagraph (B), at a rate (determined by the

Secretary) based on the average of the bond equivalent of the

weekly ninety-day Treasury bill auction rate.

(B) The period referred to in subparagraph (A) is the period

beginning -

(i) in the case of a facility which was sold or transferred or

the use of which changed before July 18, 1984, thirty days after

such date or if later 180 days after the date of the sale,

transfer, or change of use for which a notice is required by

subsection (b) of this section,

(ii) in the case of a facility with respect to which notice is

provided in accordance with subsection (b) of this section, upon

the expiration of 180 days after the receipt of such notice, or

(iii) in the case of a facility with respect to which such

notice is not provided as prescribed by subsection (b) of this

section, on the date of the sale, transfer, or change of use for

which such notice was to be provided,

and ending on the date the amount the United States is entitled to

under paragraph (1) is collected.

(d) Waiver

(1) The Secretary may waive the recovery rights of the United

States under subsection (a)(1) of this section with respect to a

facility in any State if the Secretary determines, in accordance

with regulations, that the entity to which the facility was sold or

transferred -

(A) has established an irrevocable trust -

(i) in an amount equal to the greater of twice the cost of

the remaining obligation of the facility under clause (2) of

section 291c(e) of this title or the amount, determined under

subsection (c) of this section, that the United States is

entitled to recover, and

(ii) which will only be used by the entity to provide the

care required by clause (2) of section 291c(e) of this title;

and

(B) will meet the obligation of the facility under clause (1)

of section 291c(e) of this title.

(2) The Secretary may waive the recovery rights of the United

States under subsection (a)(2) of this section with respect to a

facility in any State if the Secretary determines, in accordance

with regulations, that there is good cause for waiving such rights

with respect to such facility.

(e) Lien

The right of recovery of the United States under subsection (a)

of this section shall not constitute a lien on any facility with

respect to which funds have been paid under section 291f of this

title.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 609, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 456; amended Pub. L.

91-296, title I Sec. 116(d), June 30, 1970, 84 Stat. 342; Pub. L.

98-369, div. B, title III, Sec. 2381(a), July 18, 1984, 98 Stat.

1112.)

-MISC1-

PRIOR PROVISIONS

A prior section 291i, act July 1, 1944, ch. 373, title VI, Sec.

631, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended June 19, 1948, ch. 544, 62 Stat. 531; Oct. 25, 1949, ch.

722, Sec. 9, 63 Stat. 901; July 12, 1954, ch. 471, Sec. 4(c)-(f),

68 Stat. 465, 466; Aug. 1, 1956, ch. 852, Sec. 19(a), (b), 70 Stat.

911; June 25, 1959, Pub. L. 86-70, Sec. 31(c), 73 Stat. 149; July

12, 1960, Pub. L. 86-624, Sec. 29(d), 74 Stat. 419; Oct. 5, 1961,

Pub. L. 87-395, Sec. 5, 75 Stat. 826; Sept. 25, 1962, Pub. L.

87-688, Sec. 4(a)(2), 76 Stat. 587, related to allotment

percentages, and contained various definitions, prior to the

general amendment of this subchapter by Pub. L. 88-443. See section

291b of this title.

Provisions similar to those comprising this section were

contained in section 291h(e) of this title, act July 1, 1944, ch.

373, title VI, Sec. 625, as added Aug. 13, 1946, ch. 958, Sec. 2,

60 Stat. 1041; amended Oct. 25, 1949, ch. 722, Sec. 3(c), 63 Stat.

899, 901; July 12, 1954, ch. 471, Sec. 4(b), 68 Stat. 464, prior to

the general amendment of this subchapter by Pub. L. 88-443.

AMENDMENTS

1984 - Pub. L. 98-369 amended section generally. Prior to

amendment, section read as follows: "If any facility with respect

to which funds have been paid under section 291f of this title

shall, at any time within twenty years after the completion of

construction -

"(a) be sold or transferred to any person, agency, or

organization (1) which is not qualified to file an application

under section 291e of this title, or (2) which is not approved as

a transferee by the State agency designated pursuant to section

291d of this title, or its successor, or

"(b) cease to be a public health center or a public or other

nonprofit hospital, outpatient facility, facility for long-term

care, or rehabilitation facility, unless the Surgeon General

determines, in accordance with regulations, that there is good

cause for releasing the applicant or other owner from this

obligation,

the United States shall be entitled to recover from either the

transferor or the transferee (or, in the case of a facility which

has ceased to be public or nonprofit, from the owners thereof) an

amount bearing the same ratio to the then value (as determined by

the agreement of the parties or by action brought in the district

court of the United States for the district in which the facility

is situated) of so much of the facility as constituted an approved

project or projects, as the amount of the Federal participation

bore to the cost of the construction or modernization under such

project or projects. Such right of recovery shall not constitute a

lien upon said facility prior to judgment."

1970 - Cl. (b). Pub. L. 91-296 substituted "outpatient facility"

for "diagnostic or treatment center".

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-MISC2-

REGULATIONS AND PERSONNEL

Section 2381(c) of Pub. L. 98-369 provided that: "Not later than

the expiration of the one-hundred-and-eighty-day period beginning

on the date of the enactment of this section [July 18, 1984], the

Secretary shall have in effect regulations and personnel to place

in effect the amendments made by this section [amending sections

291i and 300s-1a of this title]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291j of this title.

-FOOTNOTE-

(!1) So in original. The period probably should be a comma.

-End-

-CITE-

42 USC Sec. 291j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part A - Grants and Loans for Construction and Modernization of

Hospitals and Other Medical Facilities

-HEAD-

Sec. 291j. Loans

-STATUTE-

(a) Authorization; conditions

In order further to assist the States in carrying out the

purposes of this subchapter, the Surgeon General is authorized to

make a loan of funds to the applicant for any project for

construction or modernization which meets all of the conditions

specified for a grant under this part.

(b) Approval; payments to applicants

Except as provided in this section, an application for a loan

with respect to any project under this part shall be submitted, and

shall be approved by the Surgeon General, in accordance with the

same procedures and subject to the same limitations and conditions

as would be applicable to the making of a grant under this part for

such project. Any such application may be approved in any fiscal

year only if sufficient funds are available from the allotment for

the type of project involved. All loans under this section shall be

paid directly to the applicant.

(c) Terms

(1) The amount of a loan under this part shall not exceed an

amount equal to the Federal share of the estimated cost of

construction or modernization under the project. Where a loan and a

grant are made under this part with respect to the same project,

the aggregate amount of such loan and such grant shall not exceed

an amount equal to the Federal share of the estimated cost of

construction or modernization under the project. Each loan shall

bear interest at the rate arrived at by adding one-quarter of 1 per

centum per annum to the rate which the Secretary of the Treasury

determines to be equal to the current average yield on all

outstanding marketable obligations of the United States as of the

last day of the month preceding the date the application for the

loan is approved and by adjusting the result so obtained to the

nearest one-eighth of 1 per centum. Each loan made under this part

shall mature not more than forty years after the date on which such

loan is made, except that nothing in this part shall prohibit the

payment of all or part of the loan at any time prior to the

maturity date. In addition to the terms and conditions provided

for, each loan under this part shall be made subject to such terms,

conditions, and covenants relating to repayment of principal,

payment of interest, and other matters as may be agreed upon by the

applicant and the Surgeon General.

(2) The Surgeon General may enter into agreements modifying any

of the terms and conditions of a loan made under this part whenever

he determines such action is necessary to protect the financial

interest of the United States.

(3) If, at any time before a loan for a project has been repaid

in full, any of the events specified in clause (a) or clause (b) of

section 291i (!1) of this title occurs with respect to such

project, the unpaid balance of the loan shall become immediately

due and payable by the applicant, and any transferee of the

facility shall be liable to the United States for such repayment.

(d) Funds; miscellaneous receipts

Any loan under this part shall be made out of the allotment from

which a grant for the project concerned would be made. Payments of

interest and repayments of principal on loans under this part shall

be deposited in the Treasury as miscellaneous receipts.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 610, as added Pub. L.

88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 457.)

-REFTEXT-

REFERENCES IN TEXT

Section 291i of this title, referred to in subsec. (c)(3), was

amended generally by Pub. L. 98-369, div. B, title III, Sec.

2381(a), July 18, 1984, 98 Stat. 1112, and, as so amended, the

provisions contained in former cls. (a) and (b) of section 291i are

covered by section 291i(a)(1) and (2).

-MISC1-

PRIOR PROVISIONS

A prior section 291j, act July 1, 1944, ch. 373, title VI, Sec.

632, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended June 25, 1948, ch. 646, Sec. 32(a), 62 Stat. 991; May 24,

1949, ch. 139, Sec. 127, 63 Stat. 107; Oct. 25, 1949, ch. 722, Sec.

4, 63 Stat. 900; July 12, 1954, ch. 471, Sec. 4(g), 68 Stat. 466;

Aug. 28, 1958, Pub. L. 85-791, Sec. 27, 72 Stat. 950, related to

withholding of certification for noncompliance with requirements,

appeal, conclusiveness of findings, the jurisdiction of the courts

of appeals and to review by the Supreme Court, prior to the general

amendment of this subchapter by Pub. L. 88-443. See sections 291g

and 291h of this title.

Provisions similar to those comprising this section were

contained in sections 291w to 291z of this title, prior to the

general amendment of this subchapter by Pub. L. 88-443.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291h of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part B - Loan Guarantees and Loans for

Modernization and Construction of

Hospitals and Other Medical

Facilities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

PART B - LOAN GUARANTEES AND LOANS FOR MODERNIZATION AND

CONSTRUCTION OF HOSPITALS AND OTHER MEDICAL FACILITIES

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 300s of this title; title 12

section 1717.

-End-

-CITE-

42 USC Sec. 291j-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-1. Loan guarantees and loans

-STATUTE-

(a) Authority of Secretary

(1) In order to assist nonprofit private agencies to carry out

needed projects for the modernization or construction of nonprofit

private hospitals, facilities for long-term care, outpatient

facilities, and rehabilitation facilities, the Secretary, during

the period July 1, 1970, through June 30, 1974, may, in accordance

with the provisions of this part, guarantee to non-Federal lenders

making loans to such agencies for such projects, payment of

principal of and interest on loans, made by such lenders, which are

approved under this part.

(2) In order to assist public agencies to carry out needed

projects for the modernization or construction of public health

centers, and public hospitals, facilities for long-term care,

outpatient facilities, and rehabilitation facilities, the

Secretary, during the period July 1, 1970, through June 30, 1974,

may, in accordance with the provisions of this part, make loans to

such agencies which shall be sold and guaranteed in accordance with

section 291j-7 of this title.

(b) Cost limitations

(1) No loan guarantee under this part with respect to any

modernization or construction project may apply to so much of the

principal amount thereof as, when added to the amount of any grant

or loan under part A of this subchapter with respect to such

project, exceeds 90 per centum of the cost of such project.

(2) No loan to a public agency under this part shall be made in

an amount which, when added to the amount of any grant or loan

under part A of this subchapter with respect to such project,

exceeds 90 per centum of the cost of such project.

(c) Administrative assistance

The Secretary, with the consent of the Secretary of Housing and

Urban Development, shall obtain from the Department of Housing and

Urban Development such assistance with respect to the

administration of this part as will promote efficiency and economy

thereof.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 621, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 344; amended

Pub. L. 93-45, title I, Sec. 108(b)(1), June 18, 1973, 87 Stat.

93.)

-MISC1-

AMENDMENTS

1973 - Subsec. (a). Pub. L. 93-45 extended termination date of

guarantee and loan making period in pars. (1) and (2) from June 30,

1973, to June 30, 1974.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291j-2 of this title.

-End-

-CITE-

42 USC Sec. 291j-2 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-2. Allocation among States

-STATUTE-

(a) Allotment regulations

For each fiscal year, the total amount of principal of loans to

nonprofit private agencies which may be guaranteed or loans to

public agencies which may be directly made under this part shall be

allotted by the Secretary among the States, in accordance with

regulations, on the basis of each State's relative population,

financial need, need for construction of the facilities referred to

in section 291j-1(a) of this title, and need for modernization of

such facilities.

(b) Reallotment

Any amount allotted under subsection (a) of this section to a

State for a fiscal year ending before July 1, 1973, and remaining

unobligated at the end of such year shall remain available to such

State, for the purpose for which made, for the next two fiscal

years (and for such years only), and any such amount shall be in

addition to the amounts allotted to such State for such purpose for

each of such next two fiscal years; except that, with the consent

of any such State, any such amount remaining unobligated at the end

of the first of such next fiscal year may be reallotted (on such

basis as the Secretary deems equitable and consistent with the

purposes of this subchapter) to other States which have need

therefor. Any amounts so reallotted to a State shall be available

for the purposes for which made until the close of the second such

next two fiscal years and shall be in addition to the amount

allotted and available to such State for the same period.

(c) Time of availability of amounts for subsequent allotment

Any amount allotted or reallotted to a State under this section

for a fiscal year shall not, until the expiration of the period

during which it is available for obligation, be considered as

available for allotment for a subsequent fiscal year.

(d) Modernization or construction commenced on or after January 1,

1968

The allotments of any State under subsection (a) of this section

for the fiscal year ending June 30, 1971, and the succeeding fiscal

year shall also be available to guarantee loans with respect to any

project, for modernization or construction of a nonprofit private

hospital or other health facility referred to in section

291j-1(a)(1) of this title, if the modernization or construction of

such facility was not commenced earlier than January 1, 1968, and

if the State certifies and the Secretary finds that without such

guaranteed loan such facility could not be completed and begin to

operate or could not continue to operate, but with such guaranteed

loan would be able to do so: Provided, That this subsection shall

not apply to more than two projects in any one State.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 622, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 345.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291j-3 of this title.

-End-

-CITE-

42 USC Sec. 291j-3 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-3. Applications and conditions

-STATUTE-

(a) Contents of applications

For each project for which a guarantee of a loan to a nonprofit

private agency or a direct loan to a public agency is sought under

this part, there shall be submitted to the Secretary, through the

State agency designated in accordance with section 291d of this

title, an application by such private nonprofit agency or by such

public agency. If two or more private nonprofit agencies, or two or

more public agencies, join in the project, the application may be

filed by one or more such agencies. Such application shall (1) set

forth all of the descriptions, plans, specifications, assurances,

and information which are required by the third sentence of section

291e(a) of this title (other than clause (6) thereof) with respect

to applications submitted under that section, (2) contain such

other information as the Secretary may require to carry out the

purposes of this part, and (3) include a certification by the State

agency of the total cost of the project and the amount of the loan

for which a guarantee is sought under this part, or the amount of

the direct loan sought under this part, as the case may be.

(b) Conditions for approval

The Secretary may approve such application only if -

(1) there remains sufficient balance in the allotment

determined for such State pursuant to section 291j-2 of this

title to cover the amount of the loan for which a guarantee is

sought, or the amount of the direct loan sought (as the case may

be), in such application,

(2) he makes each of the findings which are required by clauses

(1) through (4) of section 291e(b) of this title for the approval

of applications for projects thereunder (except that, in the case

of the finding required under such clause (4) of entitlement of a

project to a priority established under section 291c(a) of this

title; such finding shall be made without regard to the

provisions of clauses (1) and (3) of such section),

(3) he finds that there is compliance with section 291e(e) of

this title,

(4) he obtains assurances that the applicant will keep such

records, and afford such access thereto, and make such reports,

in such form and containing such information, as the Secretary

may reasonably require, and

(5) he also determines, in the case of a loan for which a

guarantee is sought, that the terms, conditions, maturity,

security (if any), and schedule and amounts of repayments with

respect to the loan are sufficient to protect the financial

interests of the United States and are otherwise reasonable and

in accord with regulations, including a determination that the

rate of interest does not exceed such per centum per annum on the

principal obligation outstanding as the Secretary determines to

be reasonable, taking into account the range of interest rates

prevailing in the private market for similar loans and the risks

assumed by the United States.

(c) Hearing

No application under this section shall be disapproved until the

Secretary has afforded the State agency an opportunity for a

hearing.

(d) Amendment of approved applications

Amendment of an approved application shall be subject to approval

in the same manner as an original application.

(e) Recovery rights; terms and conditions

(1) In the case of any loan to a nonprofit private agency, the

United States shall be entitled to recover from the applicant the

amount of any payments made pursuant to any guarantee of such loan

under this part, unless the Secretary for good cause waives its

right of recovery, and, upon making any such payment, the United

States shall be subrogated to all of the rights of the recipient of

the payments with respect to which the guarantee was made.

(2) Guarantees of loans to nonprofit private agencies under this

part shall be subject to such further terms and conditions as the

Secretary determines to be necessary to assure that the purposes of

this part will be achieved, and, to the extent permitted by

subsection (f) of this section, any of such terms and conditions

may be modified by the Secretary to the extent he determines it to

be consistent with the financial interest of the United States.

(f) Incontestable guarantee

Any guarantee of a loan to a nonprofit private agency made by the

Secretary pursuant to this part shall be incontestable in the hands

of an applicant on whose behalf such guarantee is made, and as to

any person who makes or contracts to make a loan to such applicant

in reliance thereon, except for fraud or misrepresentation on the

part of such applicant or such other person.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 623, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 346.)

-End-

-CITE-

42 USC Sec. 291j-4 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-4. Payment of interest on guaranteed loans

-STATUTE-

(a) Subject to the provisions of subsection (b) of this section,

in the case of a guarantee of any loan to a nonprofit private

agency under this part with respect to a hospital or other medical

facility, the Secretary shall pay, to the holder of such loan and

for and on behalf of such hospital or other medical facility

amounts sufficient to reduce by 3 per centum per annum the net

effective interest rate otherwise payable on such loan. Each holder

of a loan, to a nonprofit private agency, which is guaranteed under

this part shall have a contractual right to receive from the United

States interest payments required by the preceding sentence.

(b) Contracts to make the payments provided for in this section

shall not carry an aggregate amount greater than such amount as may

be provided in appropriations Acts.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 624, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 347.)

-End-

-CITE-

42 USC Sec. 291j-5 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-5. Limitation on amounts of loans guaranteed or directly

made

-STATUTE-

The cumulative total of the principal of the loans outstanding at

any time with respect to which guarantees have been issued, or

which have been directly made, under this part may not exceed the

lesser of -

(1) such limitations as may be specified in appropriations

Acts, or

(2) in the case of loans covered by allotments for the fiscal

year ending June 30, 1971, $500,000,000; for the fiscal year

ending June 30, 1972, $1,000,000,000; and for each of the fiscal

years ending June 30, 1973, and June 30, 1974, $1,500,000,000.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 625, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 347; amended

Pub. L. 93-45, title I, Sec. 108(b)(2), June 18, 1973, 87 Stat.

93.)

-MISC1-

AMENDMENTS

1973 - Pub. L. 93-45 provided for a limitation of $1,500,000,000

on amount of loans outstanding in the case of loans covered by

allotments for fiscal year ending June 30, 1974.

-End-

-CITE-

42 USC Sec. 291j-6 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-6. Loan guarantee and loan fund

-STATUTE-

(a)(1) There is hereby established in the Treasury a loan

guarantee and loan fund (hereinafter in this section referred to as

the "fund") which shall be available to the Secretary without

fiscal year limitation, in such amounts as may be specified from

time to time in appropriations Acts, (i) to enable him to discharge

his responsibilities under guarantees issued by him under this

part, (ii) for payment of interest on the loans to nonprofit

agencies which are guaranteed, (iii) for direct loans to public

agencies which are sold and guaranteed, (iv) for payment of

interest with respect to such loans, and (v) for repurchase by him

of direct loans to public agencies which have been sold and

guaranteed. There are authorized to be appropriated to the fund

from time to time such amounts as may be necessary to provide

capital required for the fund. To the extent authorized from time

to time in appropriation Acts, there shall be deposited in the fund

amounts received by the Secretary as interest payments or

repayments of principal on loans and any other moneys, property, or

assets derived by him from his operations under this part,

including any moneys derived from the sale of assets.

(2) Of the moneys in the fund, there shall be available to the

Secretary for the purpose of making of direct loans to public

agencies only such sums as shall have been appropriated for such

purpose pursuant to section 291j-7 of this title or sums received

by the Secretary from the sale of such loans (in accordance with

such section) and authorized in appropriations Acts to be used for

such purpose.

(b) If at any time the moneys in the fund are insufficient to

enable the Secretary to discharge his responsibilities under this

part -

(i) to make payments of interest on loans to nonprofit private

agencies which he has guaranteed under this part;

(ii) to otherwise comply with guarantees under this part of

loans to nonprofit private agencies;

(iii) to make payments of interest subsidies with respect to

loans to public agencies which he has made, sold, and guaranteed

under this part;

(iv) in the event of default by public agencies to make

payments of principal and interest on loans which the Secretary

has made, sold, and guaranteed, under this part, to make such

payments to the purchaser of such loan;

(v) to repurchase loans to public agencies which have been sold

and guaranteed under this part,

he is authorized to issue to the Secretary of the Treasury notes or

other obligations in such forms and denominations, bearing such

maturities, and subject to such terms and conditions, as may be

prescribed by the Secretary with the approval of the Secretary of

the Treasury, but only in such amounts as may be specified from

time to time in appropriations Acts. Such notes or other

obligations shall bear interest at a rate determined by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding marketable obligations of the

United States of comparable maturities during the month preceding

the issuance of the notes or other obligations. The Secretary of

the Treasury is authorized and directed to purchase any notes and

other obligations issued hereunder and for that purpose he is

authorized to use as a public debt transaction the proceeds from

the sale of any securities issued under chapter 31 of title 31, and

the purposes for which securities may be issued under that chapter,

are extended to include any purchase of such notes and obligations.

The Secretary of the Treasury may at any time sell any of the notes

or other obligations acquired by him under this subsection. All

redemptions, purchases, and sales by the Secretary of the Treasury

of such notes or other obligations shall be treated as public debt

transactions of the United States. Sums borrowed under this

subsection shall be deposited in the fund and redemption of such

notes and obligations shall be made by the Secretary from such

fund.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 626, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 347.)

-COD-

CODIFICATION

In subsec. (b), "chapter 31 of title 31" and "that chapter"

substituted for "the Second Liberty Bond Act, as amended" and "that

Act, as amended", respectively, on authority of Pub. L. 97-258,

Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of

which enacted Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291j-7, 300q-2 of this

title.

-End-

-CITE-

42 USC Sec. 291j-7 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part B - Loan Guarantees and Loans for Modernization and

Construction of Hospitals and Other Medical

Facilities

-HEAD-

Sec. 291j-7. Loans to public facilities

-STATUTE-

(a) Interest rates; security; equitable geographical distribution

(1) Any loan made by the Secretary to a public agency under this

part for the modernization or construction of a public hospital or

other health facility shall require such public agency to pay

interest thereon at a rate comparable to the current rate of

interest prevailing with respect to loans, to nonprofit private

agencies, which are guaranteed under this part, for the

modernization or construction of similar facilities in the same or

similar areas, minus 3 per centum per annum.

(2)(A) No loan to a public agency shall be made under this part

unless -

(i) the Secretary is reasonably satisfied that such agency will

be able to make payments of principal and interest thereon when

due, and

(ii) such agency provides the Secretary with reasonable

assurances that there will be available to such agency such

additional funds as may be necessary to complete the project with

respect to which such loan is requested.

(B) Any loan to a public agency shall have such security, have

such maturity date, be repayable in such installments, and be

subject to such other terms and conditions (including provision for

recovery in case of default) as the Secretary determines to be

necessary to carry out the purposes of this part while adequately

protecting the financial interests of the United States.

(3) In making loans to public agencies under this part, the

Secretary shall give due regard to achieving an equitable

geographical distribution of such loans.

(b) Sale

(1) The Secretary shall from time to time, but with due regard to

the financial interests of the United States, sell loans referred

to in subsection (a)(1) of this section either on the private

market or to the Federal National Mortgage Association in

accordance with section 1717 of title 12.

(2) Any loan so sold shall be sold for an amount which is equal

(or approximately equal) to the amount of the unpaid principal of

such loan as of the time of sale.

(c) Agreements

(1) The Secretary is authorized to enter into an agreement with

the purchaser of any loan sold under this part under which the

Secretary agrees -

(A) to guarantee to such purchaser (and any successor in

interest to such purchaser) payment of the principal and interest

payable under such loan, and

(B) to pay as an interest subsidy to such purchaser (and any

successor in interest of such purchaser) amounts which when added

to the amount of interest payable on such loan, are equivalent to

a reasonable rate of interest on such loan as determined by the

Secretary, after taking into account the range of prevailing

interest rates in the private market on similar loans and the

risks assumed by the United States.

(2) Any such agreement -

(A) may provide that the Secretary shall act as agent of any

such purchaser, for the purpose of collecting from the public

agency to which such loan was made and paying over to such

purchaser, any payments of principal and interest payable by such

agency under such loan;

(B) may provide for the repurchase by the Secretary of any such

loan on such terms and conditions as may be specified in the

agreement;

(C) shall provide that, in the event of any default by the

public agency to which such loan was made in payment of principal

and interest due on such loan, the Secretary shall, upon

notification to the purchaser (or to the successor in interest of

such purchaser), have the option to close out such loan (and any

obligations of the Secretary with respect thereto) by paying to

the purchaser (or his successor in interest) the total amount of

outstanding principal and interest due thereon at the time of

such notification; and

(D) shall provide that, in the event such loan is closed out as

provided in subparagraph (C), or in the event of any other loss

incurred by the Secretary by reason of the failure of such public

agency to make payments of principal and interest on such loan,

the Secretary shall be subrogated to all rights of such purchaser

for recovery of such loss from such public agency.

(d) Right of recovery; waiver

The Secretary may, for good cause, waive any right of recovery

which he has against a public agency by reason of the failure of

such agency to make payments of principal and interest on a loan

made to such agency under this part.

(e) Interest and interest subsidies as gross income under Internal

Revenue Code

After any loan to a public agency under this part has been sold

and guaranteed, interest paid on such loan and any interest subsidy

paid by the Secretary with respect to such loan which is received

by the purchaser thereof (or his successor in interest) shall be

included in gross income for the purposes of chapter 1 of title 26.

(f) Sales proceeds; deposit and use

Amounts received by the Secretary as proceeds from the sale of

loans under this section shall be deposited in the loan fund

established by section 291j-6 of this title, and shall be available

to the Secretary for the making of further loans under this part in

accordance with the provisions of subsection (a)(2) of such

section.

(g) Authorization of appropriations

There is authorized to be appropriated to the Secretary, for

deposit in the loan fund established by section 291j-6 of this

title, $30,000,000 to provide initial capital for the making of

direct loans by the Secretary to public agencies for the

modernization or construction of facilities referred to in

subsection (a)(1) of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 627, as added Pub. L.

91-296, title II, Sec. 201, June 30, 1970, 84 Stat. 349; amended

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954", which for

purposes of codification was translated as "title 26" thus

requiring no change in text.

COMMITMENTS FOR DIRECT LOANS TO PUBLIC AGENCIES

Pub. L. 91-667, title II, Sec. 200, Jan. 11, 1971, 84 Stat. 2007,

provided: "That the Secretary is authorized to issue commitments

for direct loans to public agencies in accordance with section 627

of the Public Health Service Act [this section] which shall

constitute contractual obligations of the United States, the total

of such outstanding commitments not to exceed $30,000,000 at any

given time; to sell obligations received pursuant to such

commitments as provided in section 627, and the proceeds of any

such sale shall be used to make a direct loan pursuant to the

outstanding commitment under which the obligations were received."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 291j-1, 291j-6 of this

title.

-End-

-CITE-

42 USC Part C - Construction or Modernization of

Emergency Rooms 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part C - Construction or Modernization of Emergency Rooms

-HEAD-

PART C - CONSTRUCTION OR MODERNIZATION OF EMERGENCY ROOMS

-End-

-CITE-

42 USC Sec. 291j-8 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part C - Construction or Modernization of Emergency Rooms

-HEAD-

Sec. 291j-8. Authorization of appropriations

-STATUTE-

In order to assist in the provision of adequate emergency room

service in various communities of the Nation for treatment of

accident victims and handling of other medical emergencies through

special project grants for the construction or modernization of

emergency rooms of general hospitals, there are authorized to be

appropriated $20,000,000 each for the fiscal year ending June 30,

1971, and the next two fiscal years.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 631, as added Pub. L.

91-296, title III, Sec. 301, June 30, 1970, 84 Stat. 351.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291j-9 of this title.

-End-

-CITE-

42 USC Sec. 291j-9 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part C - Construction or Modernization of Emergency Rooms

-HEAD-

Sec. 291j-9. Eligibility for grants

-STATUTE-

Funds appropriated pursuant to section 291j-8 of this title shall

be available for grants by the Secretary for not to exceed 50 per

centum of the cost of construction or modernization of emergency

rooms of public or nonprofit general hospitals, including provision

or replacement of medical transportation facilities. Such grants

shall be made by the Secretary only after consultation with the

State agency designated in accordance with section 291d(a)(1) of

this title. In order to be eligible for a grant under this part,

the project, and the applicant therefor, must meet such criteria as

may be prescribed by regulations. Such regulations shall be so

designed as to provide aid only with respect to projects for which

adequate assistance is not readily available from other Federal,

State, local, or other sources, and to assist in providing modern,

efficient, and effective emergency room service needed to care for

victims of highway, industrial, agricultural, or other accidents

and to handle other medical emergencies, and to assist in providing

such service in geographical areas which have special need

therefor.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 632, as added Pub. L.

91-296, title III, Sec. 301, June 30, 1970, 84 Stat. 351.)

-End-

-CITE-

42 USC Sec. 291j-10 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part C - Construction or Modernization of Emergency Rooms

-HEAD-

Sec. 291j-10. Payments

-STATUTE-

Grants under this part shall be paid in advance or by way of

reimbursement, in such installments and on such conditions, as in

the judgment of the Secretary will best carry out the purposes of

this part.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 633, as added Pub. L.

91-296, title III, Sec. 301, June 30, 1970, 84 Stat. 351.)

-End-

-CITE-

42 USC Part D - General Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

PART D - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 291k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291k. Federal Hospital Council

-STATUTE-

(a) Membership; qualifications

In administering this subchapter, the Surgeon General shall

consult with a Federal Hospital Council consisting of the Surgeon

General, who shall serve as Chairman ex officio, and twelve members

appointed by the Secretary of Health and Human Services. Six of the

twelve appointed members shall be persons who are outstanding in

fields pertaining to medical facility and health activities, and

three of these six shall be authorities in matters relating to the

operation of hospitals or other medical facilities, one of them

shall be an authority in matters relating to the mentally retarded,

and one of them shall be an authority in matters relating to mental

health, and the other six members shall be appointed to represent

the consumers of the services provided by such facilities and shall

be persons familiar with the need for such services in urban or

rural areas.

(b) Term of membership

Each appointed member shall hold office for a term of four years,

except that any member appointed to fill a vacancy occurring prior

to the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term. An

appointed member shall not be eligible to serve continuously for

more than two terms (whether beginning before or after August 18,

1964) but shall be eligible for reappointment if he has not served

immediately preceding his reappointment.

(c) Meetings; annual or by call of Surgeon General

The Council shall meet as frequently as the Surgeon General deems

necessary, but not less than once each year. Upon request by three

or more members, it shall be the duty of the Surgeon General to

call a meeting of the Council.

(d) Advisory or technical committees

The Council is authorized to appoint such special advisory or

technical committees as may be useful in carrying out its

functions.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 641, formerly Sec. 621, as

added Pub. L. 88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 458,

renumbered Sec. 641, Pub. L. 91-296, title II, Sec. 201, June 30,

1970, 84 Stat. 344; amended Pub. L. 91-515, title VI, Sec.

601(b)(2), Oct. 30, 1970, 84 Stat. 1311; Pub. L. 96-88, title V,

Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those comprising this section were

contained in subsec. (b) of a prior section 291k, act July 1, 1944,

ch. 373, title VI, Sec. 633, as added Aug. 13, 1946, ch. 958, Sec.

2, 60 Stat. 1041; amended June 24, 1948, ch. 621, Sec. 6(b), 62

Stat. 602; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953,

18 F.R. 2053, 67 Stat. 631, prior to the general amendment of this

subchapter by Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (e). Pub. L. 91-515 struck out subsec. (e) which

related to payment of compensation and travel expenses of appointed

Council members and members of advisory or technical committees

while serving on Council business.

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Health and Human Services" substituted for

"Secretary of Health, Education, and Welfare" in subsec. (a)

pursuant to section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20.

-MISC2-

TERMS OF FEDERAL HOSPITAL COUNCIL MEMBERS

Section 3(b)(3) of Pub. L. 88-443 providing that the terms of

members serving on the Council prior to Aug. 18, 1964, shall expire

on the date they would have expired had Pub. L. 88-443 not been

enacted, is set out as an Effective Date note under section 291 of

this title.

TERMINATION OF ADVISORY COMMITTEES

Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a

note under section 217a of this title, provided that an advisory

committee established pursuant to the Public Health Service Act

shall terminate at such time as may be specifically prescribed by

an Act of Congress enacted after Jan. 4, 1975.

-End-

-CITE-

42 USC Sec. 291l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291l. Conference of State agencies

-STATUTE-

Whenever in his opinion the purposes of this subchapter would be

promoted by a conference, the Surgeon General may invite

representatives of as many State agencies, designated in accordance

with section 291d of this title, to confer as he deems necessary or

proper. A conference of the representatives of all such State

agencies shall be called annually by the Surgeon General. Upon the

application of five or more of such State agencies, it shall be the

duty of the Surgeon General to call a conference of representatives

of all State agencies joining in the request.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 642, formerly Sec. 622, as

added Pub. L. 88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 458, and

renumbered Sec. 642, Pub. L. 91-296, title II, Sec. 201, June 30,

1970, 84 Stat. 344.)

-MISC1-

PRIOR PROVISIONS

A prior section 291l, act July 1, 1944, ch. 373, title VI, Sec.

634, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041,

contained provisions similar to this section, prior to the general

amendment of this subchapter by Pub. L. 88-443.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 291m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291m. State control of operations

-STATUTE-

Except as otherwise specifically provided, nothing in this

subchapter shall be construed as conferring on any Federal officer

or employee the right to exercise any supervision or control over

the administration, personnel, maintenance, or operation of any

facility with respect to which any funds have been or may be

expended under this subchapter.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 643, formerly Sec. 623, as

added Pub. L. 88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 458, and

renumbered Sec. 643, Pub. L. 91-296, title II, Sec. 201, June 30,

1970, 84 Stat. 344.)

-MISC1-

PRIOR PROVISIONS

A prior section 291m, act July 1, 1944, ch. 373, title VI, Sec.

635, as added Aug. 13, 1946, ch. 958, Sec. 2, 60 Stat. 1041;

amended July 12, 1954, ch. 471, Sec. 4(h), 68 Stat. 467, contained

provisions similar to this section, prior to the general amendment

of this subchapter by Pub. L. 88-443.

-End-

-CITE-

42 USC Sec. 291m-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291m-1. Loans for certain hospital experimentation projects

-STATUTE-

(a) Other public or private sources unavailable for alleviation of

hardship due to increased construction costs

In order to alleviate hardship on any recipient of a grant under

section 291n (!1) of this title (as in effect immediately before

August 18, 1964) for a project for the construction of an

experimental or demonstration facility having as its specific

purpose the application of novel means for the reduction of

hospital costs with respect to which there has been a substantial

increase in the cost of such construction (over the estimated cost

of such project on the basis of which such grant was made) through

no fault of such recipient, the Secretary is authorized to make a

loan to such recipient not exceeding 66 2/3 per centum of such

increased costs, as determined by the Secretary, if the Secretary

determines that such recipient is unable to obtain such an amount

for such purpose from other public or private sources.

(b) Application; form; information

Any such loan shall be made only on the basis of an application

submitted to the Secretary in such form and containing such

information and assurances as he may prescribe.

(c) Interest; repayment period

Each such loan shall bear interest at the rate of 2 1/2 per

centum per annum on the unpaid balance thereof and shall be

repayable over a period determined by the Secretary to be

appropriate, but not exceeding fifty years.

(d) Authorization of appropriation

There are hereby authorized to be appropriated $3,500,000 to

carry out the provisions of this section.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 643A, formerly Sec. 623A, as

added Pub. L. 90-174, Sec. 11, Dec. 5, 1967, 81 Stat. 541, and

renumbered Sec. 643A, Pub. L. 91-296, title II, Sec. 201, June 30,

1970, 84 Stat. 344.)

-REFTEXT-

REFERENCES IN TEXT

Section 291n of this title, referred to in subsec. (a), was

repealed by Pub. L. 90-174, Sec. 3(b)(1), Dec. 5, 1967, 81 Stat.

535.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 291n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291n. Repealed. Pub. L. 90-174, Sec. 3(b)(1), Dec. 5, 1967, 81

Stat. 535

-MISC1-

Section, act July 1, 1944, ch. 373, title VI, Sec. 644, formerly

Sec. 624, as added Aug. 18, 1964, Pub. L. 88-443, Sec. 3(a), 78

Stat. 459, and renumbered Sec. 644, June 30, 1970, Pub. L. 91-296,

title II, Sec. 201, 84 Stat. 344, provided for research,

experiments and demonstrations in utilization of medical

facilities, authorization, grants-in-aid, amounts, payment,

conditions, authorization of appropriations, and right of recovery

of United States Government. See section 242b of this title.

Provisions similar to those comprising this section were

contained in a prior section 291n, act July 1, 1944, ch. 373, title

VI, Sec. 636, as added Oct. 25, 1949, ch. 722, Sec. 5, 63 Stat.

900; amended Oct. 6, 1961, Pub. L. 87-395, Sec. 4, 75 Stat. 825,

prior to the general amendment of this subchapter by Pub. L.

88-443.

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to appropriations for fiscal year

ending after June 30, 1967, see section 3(b) of Pub. L. 90-174, set

out as an Effective Date of 1967 Amendment note under section 246

of this title.

-End-

-CITE-

42 USC Sec. 291n-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291n-1. Omitted

-COD-

CODIFICATION

Section, act July 1, 1944, ch. 373, title VI, Sec. 637, formerly

Sec. 654(c), as added July 12, 1954, ch. 471, Sec. 3, 68 Stat. 463;

renumbered Sec. 637 and amended Aug. 14, 1959, Pub. L. 86-158,

title II, Sec. 201, 73 Stat. 349, related to transfers of

allotments between States, prior to the general amendment of this

subchapter by Pub. L. 88-443, Aug. 18, 1964, 78 Stat. 447. See

section 291b of this title.

-End-

-CITE-

42 USC Sec. 291o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A - PUBLIC HEALTH SERVICE

SUBCHAPTER IV - CONSTRUCTION AND MODERNIZATION OF HOSPITALS AND

OTHER MEDICAL FACILITIES

Part D - General Provisions

-HEAD-

Sec. 291o. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term "State" includes the Commonwealth of Puerto Rico,

Guam, American Samoa, the Trust Territory of the Pacific Islands,

the Virgin Islands, and the District of Columbia.

(b)(1) The term "Federal share" with respect to any project means

the proportion of the cost of such project to be paid by the

Federal Government under this subchapter.

(2) With respect to any project in any State for which a grant is

made from an allotment from an appropriation under section 291a of

this title, the Federal share shall be the amount determined by the

State agency designated in accordance with section 291d of this

title, but not more than 66 2/3 per centum or the State's

allotment percentage, whichever is the lower, except that, if the

State's allotment percentage is lower than 50 per centum, such

allotment percentage shall be deemed to be 50 per centum for

purposes of this paragraph.

(3) Prior to the approval of the first project in a State during

any fiscal year the State agency designated in accordance with

section 291d of this title shall give the Secretary written

notification of the maximum Federal share established pursuant to

paragraph (2) of this subsection for projects in such State to be

approved by the Secretary during such fiscal year and the method

for determining the actual Federal share to be paid with respect to

such projects; and such maximum Federal share and such method of

determination for projects in such State approved during such

fiscal year shall not be changed after such approval.

(4) Notwithstanding the provisions of paragraphs (2) and (3) of

this subsection, the Federal share shall, at the option of the

State agency, be equal to the per centum provided under such

paragraphs plus an incentive per centum (which when combined with

the per centum provided under such paragraphs shall not exceed 90

per centum) specified by the State agency in the case of (A)

projects that will provide services primarily for persons in an

area determined by the Secretary to be a rural or urban poverty

area, and (B) projects that offer potential for reducing health

care costs through shared services among health care facilities,

through interfacility cooperation, or through the construction or

modernization of free-standing outpatient facilities.

(c) The term "hospital" includes general, tuberculosis, and other

types of hospitals, and related facilities, such as laboratories,

outpatient departments, nurses' home facilities, extended care

facilities, facilities related to programs for home health

services, self-care units, and central service facilities, operated

in connection with hospitals, and also includes education or

training facilities for health professions personnel operated as an

integral part of a hospital, but does not include any hospital

furnishing primarily domiciliary care.

(d) The term "public health center" means a publicly owned

facility for the provision of public health services, including

related publicly owned facilities such as laboratories, clinics,

and administrative offices operated in connection with such a

facility.

(e) The term "nonprofit" as applied to any facility means a

facility which is owned and operated by one or more nonprofit

corporations or associations no part of the net earnings of which

inures, or may lawfully inure, to the benefit of any private

shareholder or individual.

(f) The term "outpatient facility" means a facility (located in

or apart from a hospital) for the diagnosis or diagnosis and

treatment of ambulatory patients (including ambulatory inpatients)

-

(1) which is operated in connection with a hospital, or

(2) in which patient care is under the professional supervision

of persons licensed to practice medicine or surgery in the State,

or, in the case of dental diagnosis or treatment, under the

professional supervision of persons licensed to practice

dentistry in the State; or

(3) which offers to patients not requiring hospitalization the

services of licensed physicians in various medical specialties,

and which provides to its patients a reasonably full-range of

diagnostic and treatment services.

(g) The term "rehabilitation facility" means a facility which is

operated for the primary purpose of assisting in the rehabilitation

of disabled persons through an integrated program of -

(1) medical evaluation and services, and

(2) psychological, social, or vocational evaluation and

services,

under competent professional supervision, and in the case of which

-

(3) the major portion of the required evaluation and services

is furnished within the facility; and

(4) either (A) the facility is operated in connection with a

hospital, or (B) all medical and related health services are

prescribed by, or are under the general direction of, persons

licensed to practice medicine or surgery in the State.

(h) The term "facility for long-term care" means a facility

(including an extended care facility) providing in-patient care for

convalescent or chronic disease patients who require skilled

nursing care and related medical services -

(1) which is a hospital (other than a hospital primarily for

the care and treatment of mentally ill or tuberculosis patients)

or is operated in connection with a hospital, or

(2) in which such nursing care and medical services are

prescribed by, or are performed under the general direction of,

persons licensed to practice medicine or surgery in the State.

(i) The term "construction" includes construction of new

buildings, expansion, remodeling, and alteration of existing

buildings, and initial equipment of any such buildings (including

medical transportation facilities) and, in any case in which it

will help to provide a service not previously provided in the

community, equipment of any buildings; including architects' fees,

but excluding the cost of off-site improvements and, except with

respect to public health centers, the cost of the acquisition of

land.

(j) The term "cost" as applied to construction or modernization

means the amount found by the Surgeon General to be necessary for

construction and modernization respectively, under a project,

except that such term, as applied to a project for modernization of

a facility for which a grant or loan is to be made from an

allotment under section 291b(a)(2) of this title, does not include

any amount found by the Surgeon General to be attributable to

expansion of the bed capacity of such facility.

(k) The term "modernization" includes alteration, major repair

(to the extent permitted by regulations), remodeling, replacement,

and renovation of existing buildings (including initial equipment

thereof), and replacement of obsolete, built-in (as determined in

accordance with regulations) equipment of existing buildings.

(l) The term "title", when used with reference to a site for a

project, means a fee simple, or such other estate or interest

(including a leasehold on which the rental does not exceed 4 per

centum of the value of the land) as the Surgeon General finds

sufficient to assure for a period of not less than fifty years'

undisturbed use and possession for the purposes of construction and

operation of the project.

-SOURCE-

(July 1, 1944, ch. 373, title VI, Sec. 645, formerly Sec. 625, as

added Pub. L. 88-443, Sec. 3(a), Aug. 18, 1964, 78 Stat. 460;

amended Pub. L. 88-581, Sec. 3(b), Sept. 4, 1964, 78 Stat. 919;

renumbered Sec. 645 and amended Pub. L. 91-296, title I, Secs. 113,

114(a), 116(f), 117, 118, 119(d), title II, Sec. 201, June 30,

1970, 84 Stat. 340, 341, 342, 343, 344.)

-MISC1-

PRIOR PROVISIONS

A prior section 291o, act July 1, 1944, ch. 373, title VI, Sec.

641, as added July 12, 1954, ch. 471, Sec. 2, 68 Stat. 461, related

to a declaration of purpose with respect to diagnostic or treatment

centers, chronic disease hospitals, rehabilitation facilities, and

nursing homes, prior to the general amendment of this subchapter by

Pub. L. 88-443. See section 291 of this title.

Provisions similar to those comprising this section were

contained in section 291i(d) to (o), act July 1, 1944, ch. 373,

title VI, Sec. 631, as added Aug. 13, 1946, ch. 958, Sec. 2, 60

Stat. 1041; amended June 19, 1948, ch. 544, Sec. 1(b), 62 Stat.

531; Oct. 25, 1949, ch. 722, Sec. 9, 63 Stat. 901; July 12, 1954,

ch. 471, Sec. 4(c) to (f), 68 Stat. 465, 466; Aug. 1, 1956, ch.

852, Sec. 19(b), 70 Stat. 911; June 25, 1959, Pub. L. 86-70, Sec.

31(c), 73 Stat. 149; July 12, 1960, Pub. L. 86-624, Sec. 29(d), 74

Stat. 419; Oct. 5, 1961, Pub. L. 87-395, Sec. 5, 75 Stat. 826;

Sept. 25, 1962, Pub. L. 87-688, Sec. 4(a)(2), 76 Stat. 587, prior

to the general amendment of this subchapter by Pub. L. 88-443.

AMENDMENTS

1970 - Subsec. (a). Pub. L. 91-296, Sec. 119(d), inserted

reference to Trust Territory of the Pacific Islands.

Subsec. (b). Pub. L. 91-296, Sec. 113, provided that Federal

share of any project be in such amount, not in excess of

two-thirds, as the State agency determined and authorized a higher

Federal share of up to 90 per centum, in case of rural or urban

poverty projects, and facilities which might reduce health costs

through shared services, interfacility cooperation, and

free-standing ambulatory care centers.

Subsec. (c). Pub. L. 91-296, Sec. 114(a), inserted references to

extended care facilities, facilities related to programs for home

health services, and self-care units operated in connection with

hospitals and education or training facilities for health

professions personnel operated as an integral part of a hospital.

Subsec. (f). Pub. L. 91-296, Sec. 116(f), substituted "outpatient

facility" for "diagnostic or treatment center", inserted "(located

in or apart from a hospital)" after "means at facility", inserted

"(including ambulatory inpatients)" after "ambulatory patients",

and added par. (3).

Subsec. (h). Pub. L. 91-296, Sec. 117, inserted "(including an

extended care facility)" after "means a facility".

Subsec. (i). Pub. L. 91-296, Sec. 118, inserted reference to

equipment of any buildings in cases in which such equipment will

help to provide a service not previously provided in the community.

1964 - Subsec. (c). Pub. L. 88-581 substituted "nurses' home

facilities" for "nurses' home and training facilities".

EFFECTIVE DATE OF 1970 AMENDMENT

Section 113 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to projects approved under

this subchapter after June 30, 1970.

Section 114(a) of Pub. L. 91-296 provided that the amendment made

by that section is effective with respect to applications approved

under this subchapter after June 30, 1970.

Section 116(g) of Pub. L. 91-296 provided that: "The amendments

made by subsection (e) [amending this section] and paragraphs (2)

and (3) of subsection (f) of this section [amending section 291e of

this title] shall apply with respect to applications approved under

title VI of such Act [this subchapter] after June 30, 1970."

Section 117 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to applications approved

under this subchapter after June 30, 1970.

Section 118 of Pub. L. 91-296 provided that the amendment made by

that section is effective with respect to projects approved under

this subchapter after June 30, 1970.

Amendment by section 119(d) of Pub. L. 91-296 applicable with

respect to allotments and grants therefrom under part A of this

subchapter for fiscal years ending after June 30, 1970, and with

respect to loan guarantees and loans under part B of this

subchapter made after June 30, 1970, see section 119(e) of Pub. L.

91-296, set out as a note under section 291b of this title.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-581 effective with respect to

applications for grants from appropriations for fiscal years

beginning after June 30, 1965, see section 3(b) of Pub. L. 88-581,

set out as a note under section 291c of this title.

-TRANS-

TRANSFER OF FUNCTIONS

Office of Surgeon General abolished by section 3 of Reorg. Plan

No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and

functions thereof transferred to Secretary of Health, Education,

and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a

note under section 202 of this title. Secretary of Health,

Education, and Welfare redesignated Secretary of Health and Human

Services by section 509(b) of Pub. L. 96-88 which is classified to

section 3508(b) of Title 20, Education.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 291e of this title; title

29 section 731.

-End-