---
kind: "section"
citation: "42 U.S.C. § 300x–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–2"
heading: "Certain agreements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-2"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart i — block grants for community mental health services"
---

# §300x–2. Certain agreements

- (a) **Allocation for systems of integrated services for children—**
  - (1) **In general—** With respect to [children with a serious emotional disturbance](/usc/42/300x–8.md?p=1), a [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x of this title](/usc/42/300x.md) is that—
    - (A) in the case of a grant for fiscal year 1993, the [State](/usc/42/201.md?p=f) involved will expend not less than 10 percent of the grant to increase (relative to fiscal year 1992) funding for the system of integrated [services](/usc/42/201.md?p=a) described in [section 300x–1(b)(9)](/usc/42/300x–1.md)[^1] of this title;
    - (B) in the case of a grant for fiscal year 1994, the [State](/usc/42/201.md?p=f) will expend not less than 10 percent of the grant to increase (relative to fiscal year 1993) funding for such system; and
    - (C) in the case of a grant for any subsequent fiscal year, the [State](/usc/42/201.md?p=f) will expend for such system not less than an amount equal to the amount expended by the [State](/usc/42/201.md?p=f) for fiscal year 1994.
  - (2) **Waiver—**
    - (A) Upon the request of a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) may provide to the [State](/usc/42/201.md?p=f) a waiver of all or part of the requirement established in [paragraph (1)](#a-1) if the [Secretary](/usc/42/201.md?p=c) determines that the [State](/usc/42/201.md?p=f) is providing an adequate level of comprehensive community mental health [services](/usc/42/201.md?p=a) for children with a serious emotional distrubance,[^2] as indicated by a comparison of the number of such children for which such [services](/usc/42/201.md?p=a) are sought with the availability in the [State](/usc/42/201.md?p=f) of the [services](/usc/42/201.md?p=a).
    - (B) The [Secretary](/usc/42/201.md?p=c) shall approve or deny a request for a waiver under [subparagraph (A)](#a-2-A) not later than 120 days after the date on which the request is made.
    - (C) Any waiver provided by the [Secretary](/usc/42/201.md?p=c) under [subparagraph (A)](#a-2-A) shall be applicable only to the fiscal year involved.
- (b) **Providers of services—** A [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x of this title](/usc/42/300x.md) for a [State](/usc/42/201.md?p=f) is that, with respect to the plan submitted under [section 300x–1(a) of this title](/usc/42/300x–1.md?p=a) for the fiscal year involved—
  - (1) [services](/usc/42/201.md?p=a) under the plan will be provided only through appropriate, qualified community [programs](/usc/42/274l–1.md?p=4) (which may include community mental health centers, child mental-health [programs](/usc/42/274l–1.md?p=4), psychosocial rehabilitation [programs](/usc/42/274l–1.md?p=4), mental health peer-support [programs](/usc/42/274l–1.md?p=4), and mental-health primary consumer-directed [programs](/usc/42/274l–1.md?p=4)); and
  - (2) [services](/usc/42/201.md?p=a) under the plan will be provided through community mental health centers only if the centers meet the criteria specified in [subsection (c)](#c).
- (c) **Criteria for mental health centers—** The criteria referred to in [subsection (b)(2)](#b-2) regarding community mental health centers are as follows:
  - (1) With respect to mental health [services](/usc/42/201.md?p=a), the centers provide [services](/usc/42/201.md?p=a) as follows:
    - (A) [Services](/usc/42/201.md?p=a) principally to individuals residing in a defined geographic area (hereafter in this subsection referred to as a “[service](/usc/42/201.md?p=a) area”).
    - (B) Outpatient [services](/usc/42/201.md?p=a), including specialized outpatient [services](/usc/42/201.md?p=a) for children, the elderly, individuals with a serious mental illness, and residents of the [service](/usc/42/201.md?p=a) areas of the centers who have been discharged from inpatient [treatment](/usc/42/11851.md?p=11) at a mental health facility.
    - (C) 24-hour-a-day emergency [care services](/usc/42/300z–1.md?p=a-7).
    - (D) Day [treatment](/usc/42/11851.md?p=11) or other partial hospitalization [services](/usc/42/201.md?p=a), or psychosocial rehabilitation [services](/usc/42/201.md?p=a).
    - (E) Screening for patients being considered for admission to [State](/usc/42/201.md?p=f) mental health facilities to determine the appropriateness of such admission.
  - (2) The mental health [services](/usc/42/201.md?p=a) of the centers are provided, within the limits of the capacities of the centers, to any individual residing or employed in the [service](/usc/42/201.md?p=a) area of the center regardless of ability to pay for such [services](/usc/42/201.md?p=a).
  - (3) The mental health [services](/usc/42/201.md?p=a) of the centers are available and accessible promptly, as appropriate and in a manner which preserves human dignity and assures continuity and high quality care.

## Footnotes

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

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1913, as added Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 381.)

## Notes

### Editorial Notes

### References in Text

Section 300x–1(b)(9) of this title, referred to in subsec. (a)(1)(A), was repealed by Pub. L. 106–310, div. B, title XXXII, § 3204(a), Oct. 17, 2000, 114 Stat. 1192. Provisions relating to a system of integrated social services formerly contained in section 300x–1(b)(9) are now contained in section 300x–1(b)(3) of this title.

### Prior Provisions

A prior section 300x–2, act July 1, 1944, ch. 373, title XIX, § 1914, formerly § 1913, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 545; renumbered § 1914 and amended Oct. 19, 1984, Pub. L. 98–509, title I, § 106(a), (c)–(e), (g), 98 Stat. 2358, 2359; Nov. 18, 1988, Pub. L. 100–690, title II, § 2022(e), 102 Stat. 4197; Aug. 16, 1989, Pub. L. 101–93, § 2(c)(1), 103 Stat. 605, related to payment to States of allotments of grants for alcohol, drug abuse, and mental health services, prior to repeal by Pub. L. 102–321, § 201(2).

A prior section 1913 of act July 1, 1944, was classified to section 300x–1b of this title and repealed by Pub. L. 102–321.