---
kind: "section"
citation: "42 U.S.C. § 290bb–40"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290bb–40"
heading: "Grants for the integrated treatment of serious mental illness and co-occurring substance abuse"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290bb-40"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part B — Centers and Programs"
  - "Subpart 3 — center for mental health services"
---

# §290bb–40. Grants for the integrated treatment of serious mental illness and co-occurring substance abuse

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) shall award grants, contracts, or cooperative agreements to [States](/usc/42/201.md?p=f), political subdivisions of [States](/usc/42/201.md?p=f), Indian tribes, tribal organizations, and private [nonprofit](/usc/42/300s–3.md?p=3) organizations for the development or expansion of [programs](/usc/42/274l–1.md?p=4) to provide integrated [treatment](/usc/42/11851.md?p=11) [services](/usc/42/201.md?p=a) 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)](#a), the [Secretary](/usc/42/201.md?p=c) shall give priority to applicants that emphasize the provision of [services](/usc/42/201.md?p=a) 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](/usc/42/11851.md?p=11) in either an inpatient or outpatient setting;
  - (4) have never followed through with outpatient [services](/usc/42/201.md?p=a) despite repeated referrals; or
  - (5) are homeless.
- (c) **Use of funds—** A [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian tribe, tribal organization, or private [nonprofit](/usc/42/300s–3.md?p=3) organization that receives a grant, contract, or cooperative agreement under [subsection (a)](#a) shall use funds received under such grant—
  - (1) to provide fully integrated [services](/usc/42/201.md?p=a) rather than serial or parallel [services](/usc/42/201.md?p=a);
  - (2) to employ staff that are cross-trained in the diagnosis and [treatment](/usc/42/11851.md?p=11) of both serious mental illness and substance abuse;
  - (3) to provide integrated mental health and [substance abuse services](/usc/42/290cc–34.md?p=4) at the same location;
  - (4) to provide [services](/usc/42/201.md?p=a) that are linguistically appropriate and culturally competent;
  - (5) to provide at least 10 [programs](/usc/42/274l–1.md?p=4) for integrated [treatment](/usc/42/11851.md?p=11) of both mental illness and substance abuse at sites that previously provided only mental health [services](/usc/42/201.md?p=a) or only [substance abuse services](/usc/42/290cc–34.md?p=4); and
  - (6) to provide [services](/usc/42/201.md?p=a) in coordination with other existing public and private community [programs](/usc/42/274l–1.md?p=4).
- (d) **Condition—** The [Secretary](/usc/42/201.md?p=c) shall ensure that a [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian tribe, tribal organization, or private [nonprofit](/usc/42/300s–3.md?p=3) organization that receives a grant, contract, or cooperative agreement under [subsection (a)](#a) maintains the level of effort necessary to sustain existing mental health and substance abuse [programs](/usc/42/274l–1.md?p=4) for other populations served by mental health systems in the community.
- (e) **Distribution of awards—** The [Secretary](/usc/42/201.md?p=c) shall ensure that grants, contracts, or cooperative agreements awarded under [subsection (a)](#a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
- (f) **Duration—** The [Secretary](/usc/42/201.md?p=c) shall award grants, contract, or cooperative agreements under this subsection for a period of not more than 5 years.
- (g) **Application—** A [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian tribe, tribal organization, or private [nonprofit](/usc/42/300s–3.md?p=3) organization that desires a grant, contract, or cooperative agreement under this subsection shall prepare and submit an application to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian tribe, tribal organization, or private [nonprofit](/usc/42/300s–3.md?p=3) 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](/usc/42/274l–1.md?p=4) 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](/usc/42/13641.md?p=2) 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 credit

(July 1, 1944, ch. 373, title V, § 520I, as added Pub. L. 106–310, div. B, title XXXII, § 3212, Oct. 17, 2000, 114 Stat. 1205.)
