---
kind: "section"
citation: "42 U.S.C. § 290ff"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290ff"
heading: "Comprehensive community mental health services for children with serious emotional disturbances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290ff"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part E — Children With Serious Emotional Disturbances"
---

# §290ff. Comprehensive community mental health services for children with serious emotional disturbances

- (a) **Grants to certain public entities—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/11851.md?p=5) of the Center for Mental Health [Services](/usc/42/201.md?p=a), shall make grants to public entities for the purpose of providing comprehensive community mental health [services](/usc/42/201.md?p=a) to children with a serious emotional disturbance, which may include efforts to identify and serve children at risk.
  - (2) **“Public entity” defined—** For purposes of this part, the term “public entity” means any [State](/usc/42/201.md?p=f), any political subdivision of a [State](/usc/42/201.md?p=f), and any Indian tribe or tribal organization (as defined in [section 5304(b)](/usc/42/5304.md?p=b) and [section 5304(c)](/usc/42/5304.md?p=c)[^1] of title 25).
- (b) **Considerations in making grants—**
  - (1) **Requirement of status as grantee under part B of subchapter XVII—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [subsection (a)](#a) to a public entity only if—
    - (A) in the case of a public entity that is a [State](/usc/42/201.md?p=f), the [State](/usc/42/201.md?p=f) is a grantee under [section 300x of this title](/usc/42/300x.md);
    - (B) in the case of a public entity that is a political subdivision of a [State](/usc/42/201.md?p=f), the [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) 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)](#b-2-B), the [Secretary](/usc/42/201.md?p=c) may make a grant under [subsection (a)](#a) only if, in the case of any [service](/usc/42/201.md?p=a) under such subsection that is covered in the [State plan](/usc/42/300d–31.md?p=2) approved under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.] for the [State](/usc/42/201.md?p=f) involved—
      - (i) the public entity involved will provide the [service](/usc/42/201.md?p=a) directly, and the entity has entered into a participation agreement under the [State plan](/usc/42/300d–31.md?p=2) 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](/usc/42/201.md?p=a), 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)](#b-2-A-ii) regarding the provision of [services](/usc/42/201.md?p=a) under [subsection (a)](#a), the requirement established in such subparagraph regarding a participation agreement shall be waived by the [Secretary](/usc/42/201.md?p=c) if the organization does not, in providing health or mental health [services](/usc/42/201.md?p=a), impose a charge or accept reimbursement available from any third-party payor, including reimbursement under any insurance policy or under any Federal or [State](/usc/42/201.md?p=f) health benefits [program](/usc/42/274l–1.md?p=4).
      - (ii) A determination by the [Secretary](/usc/42/201.md?p=c) of whether an organization referred to in [clause (i)](#b-2-B-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](/usc/42/201.md?p=a) to the public.
  - (3) **Certain considerations—** In making grants under [subsection (a)](#a), the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=c) from the [State](/usc/42/201.md?p=f) in which the entity is located; and
      - (ii) shall give special consideration to the entity if the [State](/usc/42/201.md?p=f) agrees to provide a portion of the non-Federal contributions required in [subsection (c)](#c) regarding such a grant.
- (c) **Matching funds—**
  - (1) **In general—** A [funding agreement](/usc/42/300x–64.md?p=a-2-A) for a grant under [subsection (a)](#a) 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)](#c-1) may be in cash or in kind, fairly evaluated, including plant, equipment, or [services](/usc/42/201.md?p=a). Amounts provided by the Federal Government, or [services](/usc/42/201.md?p=a) 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)](#c-2-A), the [Secretary](/usc/42/201.md?p=c) 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)](#a) for the 2-year period preceding the first fiscal year for which the entity receives a grant under such section.

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be “years,”.

## Source credit

(July 1, 1944, ch. 373, title V, § 561, as added Pub. L. 102–321, title I, § 119, July 10, 1992, 106 Stat. 349; amended Pub. L. 103–43, title XX, § 2017(1), June 10, 1993, 107 Stat. 218; Pub. L. 106–310, div. B, title XXXI, § 3105(a), Oct. 17, 2000, 114 Stat. 1175; Pub. L. 114–255, div. B, title X, § 10001(a), Dec. 13, 2016, 130 Stat. 1262.)

## Notes

### Editorial Notes

### References in Text

Subsections (b) and (c) of section 5304 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 that section.

The Social Security Act, referred to in subsec. (b)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 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.

### Prior Provisions

A prior section 290ff, act July 1, 1944, ch. 373, title V, § 561, as added Nov. 18, 1988, Pub. L. 100–690, title II, § 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

2016—Subsec. (a)(1). Pub. L. 114–255 inserted “, which may include efforts to identify and serve children at risk” before period at end.

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, § 2017(1)(A), substituted “this part” for “this subpart”.

Subsec. (b)(1)(B), (C). Pub. L. 103–43, § 2017(1)(B), substituted “is such a grantee” for “is receiving such payments”.

### Statutory Notes and Related Subsidiaries

### 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.

### Current Grantees

Pub. L. 106–310, div. B, title XXXI, § 3105(e), Oct. 17, 2000, 114 Stat. 1175, provided that: 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). 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).”