Title 42 — The Public Health and Welfare
Part A · Chapter 6A — Public Health Service
§ 290aa. Substance Abuse and Mental Health Services Administration
Statutory text
Establishment
The Substance Abuse and Mental Health Services Administration (hereafter referred to in this subchapter as the “Administration”) is an agency of the Service.
Centers
The following Centers are agencies of the Administration:
The Center for Substance Abuse Treatment.
The Center for Substance Abuse Prevention.
The Center for Mental Health Services.
Assistant Secretary and Deputy Assistant Secretary
Assistant Secretary
The Administration shall be headed by an official to be known as the Assistant Secretary for Mental Health and Substance Use (hereinafter in this subchapter referred to as the “Assistant Secretary”) who shall be appointed by the President, by and with the advice and consent of the Senate.
Deputy Assistant Secretary
The Assistant Secretary, with the approval of the Secretary, may appoint a Deputy Assistant Secretary and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration.
Authorities
The Secretary, acting through the Assistant Secretary, shall—
supervise the functions of the Centers of the Administration in order to assure that the programs carried out through each such Center receive appropriate and equitable support and that there is cooperation among the Centers in the implementation of such programs;
establish and implement, through the respective Centers, a comprehensive program to improve the provision of treatment and related services to individuals with respect to substance use disorders and mental illness and to improve prevention services, promote mental health and protect the legal rights of individuals with mental illnesses and individuals with substance use disorders;
carry out the administrative and financial management, policy development and planning, evaluation, knowledge dissemination, and public information functions that are required for the implementation of this subchapter;
assure that the Administration conduct and coordinate demonstration projects, evaluations, and service system assessments and other activities necessary to improve the availability and quality of treatment, prevention and related services;
support activities that will improve the provision of treatment, prevention and related services, including the development of national mental health and substance use disorder goals and model programs;
in cooperation with the National Institutes of Health, the Centers for Disease Control and Prevention, and the Health Resources and Services Administration, develop educational materials and intervention strategies to reduce the risks of HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders, and to develop appropriate mental health services for individuals with such diseases or disorders;
coordinate Federal policy with respect to the provision of treatment services for substance use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders;
conduct programs, and assure the coordination of such programs with activities of the National Institutes of Health and the Agency for Healthcare Research and Quality, as appropriate, to evaluate the process, outcomes and community impact of prevention and treatment services and systems of care in order to identify the manner in which such services can most effectively be provided;
collaborate with the Director of the National Institutes of Health in the development and maintenance of a system by which the relevant research findings of the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the National Institute of Mental Health, and, as appropriate, the Agency for Healthcare Research and Quality are disseminated to service providers in a manner designed to improve the delivery and effectiveness of prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration;
encourage public and private entities that provide health insurance to provide benefits for substance use disorder and mental health services;
work with relevant agencies of the Department of Health and Human Services on integrating mental health promotion and substance use disorder prevention with general health promotion and disease prevention and integrating mental and substance use disorders treatment services with physical health treatment services;
monitor compliance by hospitals and other facilities with the requirements of sections 290dd–1 and 290dd–2 of this title;
with respect to grant programs authorized under this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration—
require that all grants that are awarded for the provision of services are subject to performance and outcome evaluations;
ensure that the director of each Center of the Administration consistently documents the application of criteria when awarding grants and the ongoing oversight of grantees after such grants are awarded;
require that all grants that are awarded to entities other than States are awarded only after the State in which the entity intends to provide services—
is notified of the pendency of the grant application; and
is afforded an opportunity to comment on the merits of the application; and
inform a State when any funds are awarded through such a grant to any entity within such State;
assure that services provided with amounts appropriated under this subchapter are provided bilingually, if appropriate;
improve coordination among prevention programs, treatment facilities and nonhealth care systems such as employers, labor unions, and schools, and encourage the adoption of employee assistance programs and student assistance programs;
maintain a clearinghouse for substance use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders, to assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, treatment providers, and the general public;
in collaboration with the National Institute on Aging, and in consultation with the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism and the National Institute of Mental Health, as appropriate, promote and evaluate substance use disorder services for older Americans in need of such services, and mental health services for older Americans who are seriously mentally ill;
promote the coordination of service programs conducted by other departments, agencies, organizations and individuals that are or may be related to the problems of individuals suffering from mental illness or substance abuse, including liaisons with the Social Security Administration, Centers for Medicare & Medicaid Services, and other programs of the Department, as well as liaisons with the Department of Education, Department of Justice, and other Federal Departments and offices, as appropriate;
consult with State, local, and tribal governments, nongovernmental entities, and individuals with mental illness, particularly adults with a serious mental illness, children with a serious emotional disturbance, and the family members of such adults and children, with respect to improving community-based and other mental health services;
collaborate with the Secretary of Defense and the Secretary of Veterans Affairs to improve the provision of mental and substance use disorder services provided by the Department of Defense and the Department of Veterans Affairs to members of the Armed Forces, veterans, and the family members of such members and veterans, including through the provision of services using the telehealth capabilities of the Department of Defense and the Department of Veterans Affairs;
collaborate with the heads of relevant Federal agencies and departments, States, communities, and nongovernmental experts to improve mental and substance use disorders services for chronically homeless individuals, including by designing strategies to provide such services in supportive housing;
work with States and other stakeholders to develop and support activities to recruit and retain a workforce addressing mental and substance use disorders;
collaborate with the Attorney General and representatives of the criminal justice system to improve mental and substance use disorders services for individuals who have been arrested or incarcerated;
support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 247d of this title, including in consultation with, as appropriate, the Assistant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant agencies, in preparing for, and responding to, a public health emergency;
after providing an opportunity for public input, set standards for grant programs under this subchapter for mental and substance use disorders services and prevention programs, which standards may address—
the capacity of the grantee to implement the award;
requirements for the description of the program implementation approach;
the extent to which the grant plan submitted by the grantee as part of its application must explain how the grantee will reach the population of focus and provide a statement of need, which may include information on how the grantee will increase access to services and a description of measurable objectives for improving outcomes;
the extent to which the grantee must collect and report on required performance measures; and
the extent to which the grantee is proposing to use evidence-based practices;
1 advance, through existing programs, the use of performance metrics, including those based on the recommendations on performance metrics from the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Mental Health Crisis Reform Act of 2016; and
1 collaborate with national accrediting entities, recovery housing providers, organizations or individuals with established expertise in delivery of recovery housing services, States, Federal agencies (including the Department of Health and Human Services, the Department of Housing and Urban Development, and the agencies listed in section 290ee–5(e)(2)(B) of this title), and other relevant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.
Associate Administrator for Alcohol Prevention and Treatment Policy
In general
There may be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Assistant Secretary may delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also may ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2010 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.
Plan
The Assistant Secretary, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall develop, and periodically review and as appropriate revise, a plan for programs and policies to treat and prevent alcoholism and alcohol abuse. The plan shall be developed (and reviewed and revised) in collaboration with the Directors of the Centers of the Administration and in consultation with members of other Federal agencies and public and private entities.
Not later than 1 year after , the Assistant Secretary shall submit to the Congress the first plan developed under subparagraph (A).
Report
Not less than once during each 2 years, the Assistant Secretary, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall prepare a report describing the alcoholism and alcohol abuse prevention and treatment programs undertaken by the Administration and its agencies, and the report shall include a detailed statement of the expenditures made for the activities reported on and the personnel used in connection with such activities.
Each report under subparagraph (A) shall include a description of any revisions in the plan under paragraph (2) made during the preceding 2 years.
Each report under subparagraph (A) shall be submitted to the Assistant Secretary for inclusion in the biennial report under subsection (m).
Associate Administrator for Women’s Services
Appointment
The Assistant Secretary, with the approval of the Secretary, shall appoint an Associate Administrator for Women’s Services who shall report directly to the Assistant Secretary.
Duties
The Associate Administrator appointed under paragraph (1) shall—
establish a committee to be known as the Coordinating Committee for Women’s Services (hereafter in this subparagraph referred to as the “Coordinating Committee”), which shall be composed of the Directors of the agencies of the Administration (or the designees of the Directors);
acting through the Coordinating Committee, with respect to women’s substance abuse and mental health services—
identify the need for such services, and make an estimate each fiscal year of the funds needed to adequately support the services;
identify needs regarding the coordination of services;
encourage the agencies of the Administration to support such services; and
assure that the unique needs of minority women, including Native American, Hispanic, African-American and Asian women, are recognized and addressed within the activities of the Administration; and
establish an advisory committee to be known as the Advisory Committee for Women’s Services, which shall be composed of not more than 10 individuals, a majority of whom shall be women, who are not officers or employees of the Federal Government, to be appointed by the Assistant Secretary from among physicians, practitioners, treatment providers, and other health professionals, whose clinical practice, specialization, or professional expertise includes a significant focus on women’s substance abuse and mental health conditions, that shall—
advise the Associate Administrator on appropriate activities to be undertaken by the agencies of the Administration with respect to women’s substance abuse and mental health services, including services which require a multidisciplinary approach;
collect and review data, including information provided by the Secretary (including the material referred to in paragraph (3)), and report biannually to the Assistant Secretary regarding the extent to which women are represented among senior personnel, and make recommendations regarding improvement in the participation of women in the workforce of the Administration; and
prepare, for inclusion in the biennial report required pursuant to subsection (m), a description of activities of the Committee, including findings made by the Committee regarding—
the extent of expenditures made for women’s substance abuse and mental health services by the agencies of the Administration; and
the estimated level of funding needed for substance abuse and mental health services to meet the needs of women;
improve the collection of data on women’s health by—
reviewing the current data at the Administration to determine its uniformity and applicability;
developing standards for all programs funded by the Administration so that data are, to the extent practicable, collected and reported using common reporting formats, linkages and definitions; and
reporting to the Assistant Secretary a plan for incorporating the standards developed under clause (ii) in all Administration programs and a plan to assure that the data so collected are accessible to health professionals, providers, researchers, and members of the public; and
shall establish, maintain, and operate a program to provide information on women’s substance abuse and mental health services.
Study
The Secretary, acting through the Assistant Secretary for Personnel, shall conduct a study to evaluate the extent to which women are represented among senior personnel at the Administration.
Not later than 90 days after , the Assistant Secretary for Personnel shall provide the Advisory Committee for Women’s Services with a study plan, including the methodology of the study and any sampling frames. Not later than 180 days after , the Assistant Secretary shall prepare and submit directly to the Advisory Committee a report concerning the results of the study conducted under subparagraph (A).
The Secretary shall prepare and provide to the Advisory Committee for Women’s Services any additional data as requested.
Office
Nothing in this subsection shall be construed to preclude the Secretary from establishing within the Substance Abuse and Mental Health Administration an Office of Women’s Health.
Definition
For purposes of this subsection, the term “women’s substance abuse and mental health conditions”, with respect to women of all age, ethnic, and racial groups, means all aspects of substance abuse and mental illness—
unique to or more prevalent among women; or
with respect to which there have been insufficient services involving women or insufficient data.
Chief Medical Officer
In general
The Assistant Secretary, with the approval of the Secretary, shall appoint a Chief Medical Officer to serve within the Administration.
Eligible candidates
The Assistant Secretary shall select the Chief Medical Officer from among individuals who—
have a doctoral degree in medicine or osteopathic medicine;
have experience in the provision of mental or substance use disorder services;
have experience working with mental or substance use disorder programs;
have an understanding of biological, psychosocial, and pharmaceutical treatments of mental or substance use disorders; and
are licensed to practice medicine in one or more States.
Duties
The Chief Medical Officer shall—
serve as a liaison between the Administration and providers of mental and substance use disorders prevention, treatment, and recovery services;
assist the Assistant Secretary in the evaluation, organization, integration, and coordination of programs operated by the Administration;
promote evidence-based and promising best practices, including culturally and linguistically appropriate practices, as appropriate, for the prevention and treatment of, and recovery from, mental and substance use disorders, including serious mental illness and serious emotional disturbances;
participate in regular strategic planning with the Administration;
coordinate with the Assistant Secretary for Planning and Evaluation to assess the use of performance metrics to evaluate activities within the Administration related to mental and substance use disorders; and
coordinate with the Assistant Secretary to ensure mental and substance use disorders grant programs within the Administration consistently utilize appropriate performance metrics and evaluation designs.
Services of experts
In general
The Assistant Secretary may obtain (in accordance with section 3109 of title 5, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of its agencies.
Compensation and expenses
Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accordance with sections 5724, 5724a(a), 5724a(c), and 5726(c) of title 5.
Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph.
Peer review groups
The Assistant Secretary shall, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, establish such peer review groups and program advisory committees as are needed to carry out the requirements of this subchapter and appoint and pay members of such groups, except that officers and employees of the United States shall not receive additional compensation for services as members of such groups. Chapter 10 of title 5 shall not apply to the duration of a peer review group appointed under this subsection.
Voluntary services
The Assistant Secretary may accept voluntary and uncompensated services.
Administration
The Assistant Secretary shall ensure that programs and activities assigned under this subchapter to the Administration are fully administered by the respective Centers to which such programs and activities are assigned.
Strategic plan
In general
Not later than , and every 4 years thereafter, the Assistant Secretary shall develop and carry out a strategic plan in accordance with this subsection for the planning and operation of activities carried out by the Administration, including evidence-based programs.
Coordination
In developing and carrying out the strategic plan under this subsection, the Assistant Secretary shall take into consideration the findings and recommendations of the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Mental Health Crisis Reform Act of 2016 and the report of the Interdepartmental Serious Mental Illness Coordinating Committee under section 290aa–0b of this title.
Publication of plan
Not later than , and every 4 years thereafter, the Assistant Secretary shall—
submit the strategic plan developed under paragraph (1) to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and
post such plan on the Internet website of the Administration.
Contents
The strategic plan developed under paragraph (1) shall—
identify strategic priorities, goals, and measurable objectives for mental and substance use disorders activities and programs operated and supported by the Administration, including priorities to prevent or eliminate the burden of mental and substance use disorders;
identify ways to improve the quality of services for individuals with mental and substance use disorders, and to reduce homelessness, arrest, incarceration, violence, including self-directed violence, and unnecessary hospitalization of individuals with a mental or substance use disorder, including adults with a serious mental illness or children with a serious emotional disturbance;
ensure that programs provide, as appropriate, access to effective and evidence-based prevention, diagnosis, intervention, treatment, and recovery services, including culturally and linguistically appropriate services, as appropriate, for individuals with a mental or substance use disorder;
identify opportunities to collaborate with the Health Resources and Services Administration to develop or improve—
initiatives to encourage individuals to pursue careers (especially in rural and underserved areas and with rural and underserved populations) as psychiatrists, including child and adolescent psychiatrists, psychologists, psychiatric nurse practitioners, physician assistants, clinical social workers, certified peer support specialists, licensed professional counselors, or other licensed or certified mental health or substance use disorder professionals, including such professionals specializing in the diagnosis, evaluation, or treatment of adults with a serious mental illness or children with a serious emotional disturbance; and
a strategy to improve the recruitment, training, and retention of a workforce for the treatment of individuals with mental or substance use disorders, or co-occurring disorders;
identify opportunities to improve collaboration with States, local governments, communities, and Indian tribes and tribal organizations (as such terms are defined in section 5304 of title 25);
specify a strategy to disseminate evidence-based and promising best practices related to prevention, diagnosis, early intervention, treatment, and recovery services related to mental illness, particularly for adults with a serious mental illness and children with a serious emotional disturbance, and for individuals with a substance use disorder; and
specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in section 300hh–1(b)(4) of this title), during, or in response to, public health emergencies declared pursuant to section 247d of this title.
Biennial report concerning activities and progress
Not later than , and every 2 years thereafter, the Assistant Secretary shall prepare and submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and post on the Internet website of the Administration, a report containing at a minimum—
a review of activities conducted or supported by the Administration, including progress toward strategic priorities, goals, and objectives identified in the strategic plan developed under subsection (l);
an assessment of programs and activities carried out by the Assistant Secretary, including the extent to which programs and activities under this subchapter and part B of subchapter XVII meet identified goals and performance measures developed for the respective programs and activities;
a description of the progress made in addressing gaps in mental and substance use disorders prevention, treatment, and recovery services and improving outcomes by the Administration, including with respect to serious mental illnesses, serious emotional disturbances, and co-occurring disorders;
a description of the Administration’s activities to support the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to section 247d of this title;
a description of the manner in which the Administration coordinates and partners with other Federal agencies and departments related to mental and substance use disorders, including activities related to—
the implementation and dissemination of research findings into improved programs, including with respect to how advances in serious mental illness and serious emotional disturbance research have been incorporated into programs;
the recruitment, training, and retention of a mental and substance use disorders workforce;
the integration of mental disorder services, substance use disorder services, and physical health services;
relevant preparedness and response activities;
homelessness; and
veterans;
a description of the manner in which the Administration promotes coordination by grantees under this subchapter, and part B of subchapter XVII, with State or local agencies; and
a description of the activities carried out under section 290aa–0(e) of this title, with respect to mental and substance use disorders, including—
the number and a description of grants awarded;
the total amount of funding for grants awarded;
a description of the activities supported through such grants, including outcomes of programs supported; and
information on how the National Mental Health and Substance Use Policy Laboratory is consulting with the Assistant Secretary for Planning and Evaluation and collaborating with the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, the Center for Behavioral Health Statistics and Quality, and the Center for Mental Health Services to carry out such activities; and
recommendations made by the Assistant Secretary for Planning and Evaluation under section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016 to improve programs within the Administration, and actions taken in response to such recommendations to improve programs within the Administration.
The Assistant Secretary may meet reporting requirements established under this subchapter by providing the contents of such reports as an addendum to the biennial report established under this subsection, notwithstanding the timeline of other reporting requirements in this subchapter. Nothing in this subsection shall be construed to alter the content requirements of such reports or authorize the Assistant Secretary to alter the timeline of any such reports to be less frequent than biennially, unless as specified in this subchapter.
Applications for grants and contracts
With respect to awards of grants, cooperative agreements, and contracts under this subchapter, the Assistant Secretary, or the Director of the Center involved, as the case may be, may not make such an award unless—
an application for the award is submitted to the official involved;
with respect to carrying out the purpose for which the award is to be provided, the application provides assurances of compliance satisfactory to such official; and
the application is otherwise in such form, is made in such manner, and contains such agreements, assurances, and information as the official determines to be necessary to carry out the purpose for which the award is to be provided.
Emergency response
In general
Notwithstanding section 290aa–3 of this title and except as provided in paragraph (2), the Secretary may use not to exceed 2.5 percent of all amounts appropriated under this subchapter for a fiscal year to make noncompetitive grants, contracts or cooperative agreements to public entities to enable such entities to address emergency substance abuse or mental health needs in local communities.
Exceptions
Amounts appropriated under part C shall not be subject to paragraph (1).
Emergencies
The Secretary shall establish criteria for determining that a substance abuse or mental health emergency exists and publish such criteria in the Federal Register prior to providing funds under this subsection.
Emergency response
Amounts made available for carrying out this subsection shall remain available through the end of the fiscal year following the fiscal year for which such amounts are appropriated.
Limitation on the use of certain information
No information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under section 290aa–4 of this title may be used for any purpose other than the purpose for which it was supplied unless such establishment or person has consented (as determined under regulations of the Secretary) to its use for such other purpose. Such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publication or release in other form.
Authorization of appropriations
For the purpose of providing grants, cooperative agreements, and contracts under 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.
Footnotes
- 1 So in original. Two pars. (26) have been enacted.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–282 title II § 201 · 88 Stat. 125
Enacted · 42 U.S.C. § 290aa
July 1, 1944, ch. 373, title V, § 501, formerly Pub. L. 93–282, title II, § 201, May 14, 1974, 88 Stat. 134, as amended Pub. L. 94–371, § 8, July 26, 1976, 90 Stat. 1040
Source evidence
Code source credit
July 1, 1944, ch. 373, title V, § 501, formerly Pub. L. 93–282, title II, § 201, May 14, 1974, 88 Stat. 134, as amended Pub. L. 94–371, § 8, July 26, 1976, 90 Stat. 1040Enacted provision · exact public law section
Sec. 201. (a) The Secretary of Health, Education, and Welfare Establishment. 42 USC 3511. shall establish, in the Department of Health, Education, and Welfare, the Alcohol, Drug Abuse, and Mental Health Administration (hereinafter in this section referred to as the “Administration”). The Administration shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. (b) The Secretary, acting through the Administration, shall supervise the functions of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse in order to assure that (1) the programs carried out through each such Institute receive appropriate and equitable support, and (2) there is cooperation among the Institutes in the implementation of such programs. (c) The Secretary of Health, Education, and Welfare shall estab- National Panel on Alcohol, Drug Abuse, and Mental Health. Establishment. National Panel on Alcohol, Drug Abuse, and Mental Health (hereinafter in this subsection referred to as the “panel”) to advise, consult with, and make recommendations to the Secretary concerning the activities to be carried out through the Administration. The panel shall consist of three members appointed by the Secretary as follows: One member shall be appointed from the public members of the National Advisory Mental Health Council established under section 217 of the Public Health Service Act, one member shall be appointed 42 USC 218. from the public members of the National Advisory Council on Alcohol Abuse and Alcoholism established under such section, and one member shall be appointed from the public members of the National Advisory Council on Drug Abuse established under such section.Pub. L. 98–24 § 2(b)(2) · 97 Stat. 175
Amended · 42 U.S.C. § 290aa
Pub. L. 98–24, § 2(b)(2), as amended by Pub. L. 98–509, § 301(c)(1), renumbered section 3511 of this title as this section
Source evidence
Code amendment note
Pub. L. 98–24, § 2(b)(2), as amended by Pub. L. 98–509, § 301(c)(1), renumbered section 3511 of this title as this section.Enacted provision · exact public law section
(2) Section 210 of the Act of May 14, 1974 (42 U.S.C. 3511) is 42 USC 290aa. transferred to title V of the Public Health Service Act established by paragraph (1), redesignated as section 501, and amended— (A) by striking out “of Health, Education, and Welfare” each place it occurs; (B) in subsection (c), by striking out “of the Public Health Service Act”; (C) by amending subsection (d) to read as follows:Pub. L. 98–24 § 2(b)(2)(A) · 97 Stat. 175
Struck · 42 U.S.C. § 290aa(a)
Pub. L. 98–24, § 2(b)(2)(A), struck out “of Health, Education, and Welfare” after “The Secretary” and “Department”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–24, § 2(b)(2)(A), struck out “of Health, Education, and Welfare” after “The Secretary” and “Department”.Enacted provision · exact public law section
(A) by striking out “of Health, Education, and Welfare” each place it occurs;Pub. L. 98–24 § 2(b)(2)(A) · 97 Stat. 175
Struck · 42 U.S.C. § 290aa(c)
Pub. L. 98–24, § 2(b)(2)(A), (B), struck out “of Health, Education, and Welfare” after “The Secretary”, and made a technical amendment to reference to section 218 of this title to reflect the transfer of this section to the Public Health Service Act
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–24, § 2(b)(2)(A), (B), struck out “of Health, Education, and Welfare” after “The Secretary”, and made a technical amendment to reference to section 218 of this title to reflect the transfer of this section to the Public Health Service Act.Enacted provision · exact public law section
(A) by striking out “of Health, Education, and Welfare” each place it occurs;Pub. L. 98–24 § 2(b)(2)(C) · 97 Stat. 175
Substituted · 42 U.S.C. § 290aa(d)
Pub. L. 98–24, § 2(b)(2)(C), substituted provisions directing the Administrator to distribute information on the hazards of alcoholism and the abuse of alcohol and drugs for provisions directing the Secretary, through the Administration, to evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–24, § 2(b)(2)(C), substituted provisions directing the Administrator to distribute information on the hazards of alcoholism and the abuse of alcohol and drugs for provisions directing the Secretary, through the Administration, to evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.Enacted provision · exact public law section
(C) by amending subsection (d) to read as follows:Pub. L. 98–24 § 2(b)(2)(D) · 97 Stat. 175
Added · 42 U.S.C. § 290aa(e); 42 U.S.C. § 290aa(f)
Pub. L. 98–24, § 2(b)(2)(D), added subsecs. (e) and (f)
Source evidence
Code amendment note
Subsecs. (e), (f). Pub. L. 98–24, § 2(b)(2)(D), added subsecs. (e) and (f).Enacted provision · exact public law section
(2) Section 210 of the Act of May 14, 1974 (42 U.S.C. 3511) is 42 USC 290aa. transferred to title V of the Public Health Service Act established by paragraph (1), redesignated as section 501, and amended— (A) by striking out “of Health, Education, and Welfare” each place it occurs; (B) in subsection (c), by striking out “of the Public Health Service Act”; (C) by amending subsection (d) to read as follows:Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 8 · 90 Stat. 1035
Added · 42 U.S.C. § 290aa(d)
Pub. L. 94–371 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–371 added subsec. (d).Enacted provision · exact public law section
Sec. 8. Section 201 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 is amended by adding at the end thereof the following new subsection: “(d) The Secretary of Health, Education, and Welfare, acting through the Administration, shall evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.”.Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984
Pub. L. 98–509 § 301(c)(1) · 98 Stat. 2353
Amended · 42 U.S.C. § 290aa
Pub. L. 98–509, § 301(c)(1), amended directory language of Pub. L. 98–24, § 2(b)(2). See 1983 Amendment note below
Source evidence
Code amendment note
Pub. L. 98–509, § 301(c)(1), amended directory language of Pub. L. 98–24, § 2(b)(2). See 1983 Amendment note below.Enacted provision · exact public law section
(1) by striking out “210” in paragraph (2) and inserting in lieu thereof “201”; andAlcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984
Pub. L. 98–509 § 201(a) · 98 Stat. 2353
Substituted · 42 U.S.C. § 290aa(c)
Pub. L. 98–509, § 201(a), substituted provisions relating to the Alcohol, Drug Abuse, and Mental Health Advisory Board for provisions relating to the National Panel on Alcohol, Drug Abuse, and Mental Health
Source evidence
Code amendment note
Subsec. (c). Pub. L. 98–509, § 201(a), substituted provisions relating to the Alcohol, Drug Abuse, and Mental Health Advisory Board for provisions relating to the National Panel on Alcohol, Drug Abuse, and Mental Health.Enacted provision · exact public law section
(a) Section 501(c) is amended to read as follows: 42 USC 290aa. Alcohol, Drug Abuse, and Mental Health Advisory Board, establishment. “(c) (1) There is established the Alcohol, Drug Abuse, and Mental Health Advisory Board (hereinafter in this subsection referred to as the ‘Board’). The Board shall— “(A) periodically assess the national needs for alcoholism, alcohol abuse, drug abuse, and mental health services and the extent to which those needs are being met by State, local, and private programs and programs receiving funds under this title and part B of title XIX, and “(B) provide advice to the Secretary and the Administrator respecting activities carried out under this title and part B of title XIX. “(2) (A) The Board shall consist of fifteen members appointed by the Secretary and such ex officio members from the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health as the Secretary may designate. Of the members appointed to the Board, at least six members shall represent State and private, nonprofit providers of prevention and treatment services for alcoholism, alcohol abuse, drug abuse, and mental illness, at least six members shall be individuals with expertise in public education and prevention services for alcoholism, alcohol abuse, drug abuse, and mental illness, and at least three members shall be appointed from members of the general public who are knowledgeable about alcoholism, alcohol abuse, drug abuse, and mental illness. “(B) The term of office of a member appointed to the Board is four years, except that of the members first appointed to the Board— “(i) five shall serve for terms of one year, “(ii) five shall serve for terms of two years, “(iii) five shall serve for terms of three years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of the member’s term until the successor of the member has taken office. “(3) (A) Except as provided in subparagraph (B), members of the Board shall (i) be paid not more than the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General 5 USC 5332 note. Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Board, and (ii) while away from their homes or regular places of business and while serving in the business of the Board, be entitled to receive transportation expenses as prescribed by section 5703 of title 5, United States Code. “(B) Members of the Board who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Board. “(4) The Board may appoint such staff personnel as the Board considers appropriate. “(5) The Secretary shall designate the chairman of the Board. “(6) The Board shall meet at least three times each calendar year. “(7) The Board shall report annually to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on its activities during the prior year and shall include in such report such recommendations for legislation and administrative action as it deems appropriate.”.Alcohol Abuse, Drug Abuse, and Mental Health Amendments of 1984
Pub. L. 98–509 § 201(b) · 98 Stat. 2353
Added · 42 U.S.C. § 290aa(g); 42 U.S.C. § 290aa(h)
Pub. L. 98–509, § 201(b), added subsecs. (g) and (h)
Source evidence
Code amendment note
Subsecs. (g), (h). Pub. L. 98–509, § 201(b), added subsecs. (g) and (h).Enacted provision · exact public law section
(b) Section 501 is amended by inserting at the end the following: “(g) The Secretary, acting through the Administrator, shall make grants to schools of the health professions and schools of social work to support the training of students in such schools in the identification and treatment of alcohol and drug abuse. Grants under this subsection shall be made from funds available under this title and section 303. “(h) (1) The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have scientific or professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of the research institutes under the Administration. “(2) (A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accordance with sections 5724, 5724a(a)(1), 5724a(a)(3), and 5726(c) of title 5, United States Code. “(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph.”.Alcohol and Drug Abuse Amendments of 1986
Pub. L. 99–570 title IV § 4003 · 100 Stat. 3207
Amended · 42 U.S.C. § 290aa
Pub. L. 99–570 amended section generally, revising and restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and (h) as (c), (d), (k), (h), (e), (f), (g), and (i), respectively
Added · 42 U.S.C. § 290aa
Pub. L. 99–570 adding new subsecs. (a), (b), and (j)
Source evidence
Code amendment note
Pub. L. 99–570 amended section generally, revising and restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and (h) as (c), (d), (k), (h), (e), (f), (g), and (i), respectively, and adding new subsecs. (a), (b), and (j).Enacted provision · exact public law section
SEC. 4003. TECHNICAL REVISION OF ADAMHA. Section 501 (42 U.C.S. 290aa) is amended to read as follows: “Sec. 501. “alcohol, drug abuse, and mental health administration (a) The Alcohol, Drug Abuse, and Mental Health Administration is an agency of the Service. “(b) The following entities are agencies of the Alcohol, Drug Abuse, and Mental Health Administration: “(1) The National Institute on Alcohol Abuse and Alcoholism. “(2) The National Institute on Drug Abuse. “(3) The National Institute of Mental Health. “(c) (1) The Alcohol, Drug Abuse, and Mental Health Administration shall be headed by an Administrator (hereinafter in this title referred to as the ‘Administrator’) who shall be appointed by the President by and with the advice and consent of the Senate. (2) The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. “(d) The Secretary, acting through the Administrator— “(1) shall supervise the functions of the agencies of the Administration in order to assure that the programs carried out through each such agency recieve appropriate and equitable support and that there is cooperation among the agencies in the implementation of such programs; “(2) shall assure that research at or supported by the Administration and each of its agencies is subject to review in Post, p. 3207–109. Post, p. 3207–113. accordance with section 507 and is in compliance with section 509A; and “(3) shall assure that research on neuronal receptors and their role in mental health and substance abuse is provided adequate support. “(e) (1) There shall be in the Administration an Associate Administrator for Prevention to whom the Administrator shall delegate the function of promoting the prevention research programs of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse and coordinating such programs between the Institutes and between the Institutes and other public and private entities. “(2) Reports. The Administrator, acting through the Associate Administrator for Prevention, shall annually submit to the Congress a report describing the prevention activities (including preventive medicine and health promotion) undertaken by the Administration and its agencies. The report shall include a detailed statement of the expenditures made for the activities reported on and the personnel used in connection with such activities. “(f) Fraud. The Administrator shall establish a process for the prompt and appropriate response to information provided the Administrator respecting (1) scientific fraud in connection with projects for which funds have been made available under this title, and (2) incidences of violations of the rights of human subjects of research for which funds have been made available under this title. The process shall include procedures for the receiving of reports of such information from recipients of funds under this title and taking appropriate action with respect to such fraud and violations. “(g) Grants. The Secretary, acting through the Administrator, shall make grants to schools of the health professions and schools of social work to support the training of students in such schools in the identification and treatment of alcohol and drug abuse. Grants under this subsection shall be made from funds available under this title and 42 USC 242a. section 303. “(h) To educate the public with respect to the health hazards of alcoholism, alcohol abuse, and drug abuse, the Administrator shall Post, p. 3207–112. use the clearinghouse established under section 508(c) to take such actions as may be necessary to ensure the widespread dissemination of current publications of the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse relating to the most recent research findings with respect to such health hazards. “(i) (1) The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have scientific or professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of its agencies. “(2) (A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assignment location in accord-ance with sections 5724, 5724a(a)(1), 5724a(a)(5), and 5726(c) of title 5, United States Code. “(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. “(j) The Administrator shall, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 5 USC 5101. 5 USC 5331. and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, establish such technical and scientific peer review groups as are needed to carry out the requirements of section 507 and appoint and pay members of such groups, Post, p. 3207–109. except that officers and employees of the United States shall not receive additional compensation for services as members of such groups. The Federal Advisory Committee Act shall not apply to the 5 USC app. duration of a peer review group appointed under this subsection. “(k) (1) The Alcohol, Drug Abuse, and Mental Health Advisory Board (hereinafter in this subsection referred to as the ‘Boardj shall— “(A) periodically assess the national needs for alcoholism, alcohol abuse, drug abuse, and mental health services and the extent to which those needs are being met by State, local, and private programs and programs receiving funds under this title and parts B and C of title XIX, and 42 USC 300x; ante, p. 3207–103. “(B) provide advice to the Secretary and the Administrator respecting activities carried out under this title and parts B and C of title XIX. “(2) (A) The Board shall consist of 15 members appointed by the Secretary and such ex officio members from the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health as the Secretary may designate. Of the members appointed to the Board, at least 6 members shall represent State and private, nonprofit providers of prevention and treatment services for alcoholism, alcohol abuse, drug abuse, and mental illness, at least 6 members shall be individuals with expertise in public education and prevention services for alcoholism, alcohol abuse, drug abuse, and mental illness, and at least 3 members shall be appointed from members of the general public who are knowledgeable about alcoholism, alcohol abuse, drug abuse, and mental illness. “(B) The term of office of a member appointed to the Board is 4 years, except that of the members first appointed to the Board— “(i) 5 shall serve for terms of 1 year, “(ii) 5 shall serve for terms of 2 years, “(iii) 5 shall serve for terms of 3 years, as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of the member’s term until the successor of the member has taken office. “(3) (A) Except as provided in subparagraph (B), members of the Board shall (i) be paid not more than the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General 5 USC 5331. Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board, and (ii) while away from their homes or regular places of business and while serving in the business of the Board, be entitled to receive transportation expenses as prescribed by section 5703 of title 5, United States Code. “(B) Members of the Board who are full-time officers or employees of the United States shall receive no additional pay, allowances, or benefits by reason of their service on the Board. “(4) The Board may appoint such staff personnel as the Board considers appropriate. “(5) The Secretary shall designate the chairman of the Board. “(6) The Board shall meet at least 3 times each calendar year. “(7) Reports. The Board shall report annually to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate on its activities during the prior year and shall include in such report such recommendations for legislation and administrative action as it deems appropriate.”.Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988
Pub. L. 100–690 § 2058(a)(2)(A) · 102 Stat. 4181
Added · 42 U.S.C. § 290aa(b)(4)
Pub. L. 100–690, § 2058(a)(2)(A), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 100–690, § 2058(a)(2)(A), added par. (4).Enacted provision · exact public law section
(A) by adding at the end of subsection (b) the following new paragraph: “(4) The Office of Substance Abuse Prevention.”;Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988
Pub. L. 100–690 § 2058(a)(2)(B) · 102 Stat. 4181
Substituted · 42 U.S.C. § 290aa(e)(2)
Pub. L. 100–690, § 2058(a)(2)(B), substituted “Not less than once each three years, the Administrator” for “The Administrator”
Substituted · 42 U.S.C. § 290aa(e)(2)
Pub. L. 100–690, § 2058(a)(2)(B), substituted “shall submit” for “shall annually submit”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 100–690, § 2058(a)(2)(B), substituted “Not less than once each three years, the Administrator” for “The Administrator” and “shall submit” for “shall annually submit”.Enacted provision · exact public law section
(B) in the first sentence of subsection (e)(2)— (i) by striking “The” and inserting the following: “Not less than once each three years, the”; and (ii) by striking “annually”;Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988
Pub. L. 100–690 § 2058(a)(2)(C) · 102 Stat. 4181
Substituted · 42 U.S.C. § 290aa(f)
Pub. L. 100–690, § 2058(a)(2)(C), substituted “misconduct” for “fraud” in heading and two places in text
Source evidence
Code amendment note
Subsec. (f). Pub. L. 100–690, § 2058(a)(2)(C), substituted “misconduct” for “fraud” in heading and two places in text.Enacted provision · exact public law section
(C) by striking “fraud” each place it appears in subsection (f) and inserting “misconduct”;Comprehensive Alcohol Abuse, Drug Abuse, and Mental Health Amendments Act of 1988
Pub. L. 100–690 § 2058(a)(2)(D) · 102 Stat. 4181
Added · 42 U.S.C. § 290aa(k)(m)
Pub. L. 100–690, § 2058(a)(2)(D), (E), added subsecs. (k) to (m)
Struck · 42 U.S.C. § 290aa(k)(m)
Pub. L. 100–690, § 2058(a)(2)(D), (E), struck out former subsec. (k), which related to Alcohol, Drug Abuse, and Mental Health Advisory Board, including its duties, membership, terms of office, compensation, personnel, chairman, meetings, and reports to Congress
Source evidence
Code amendment note
Subsecs. (k) to (m). Pub. L. 100–690, § 2058(a)(2)(D), (E), added subsecs. (k) to (m) and struck out former subsec. (k), which related to Alcohol, Drug Abuse, and Mental Health Advisory Board, including its duties, membership, terms of office, compensation, personnel, chairman, meetings, and reports to Congress.Enacted provision · exact public law section
(D) by striking subsection (k); andPub. L. 101–93 § 3(f)(1) · 103 Stat. 603
Substituted · 42 U.S.C. § 290aa(b)(4)
Pub. L. 101–93, § 3(f)(1), substituted “for” for “of”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 101–93, § 3(f)(1), substituted “for” for “of”.Enacted provision · exact public law section
(1) Reference to office for substance abuse prevention.— Section 501(b)(4) of the Public Health Service Act, as added by section 2058(a)(2)(A) of the Anti-Drug Abuse Act of 1988 (Public Law 100–690), is amended by striking “of” and inserting “for”.Pub. L. 101–93 § 3(f)(2) · 103 Stat. 603
Substituted · 42 U.S.C. § 290aa(j)
Pub. L. 101–93, § 3(f)(2), substituted “section 290aa–5 of this title, establish program advisory committees, and pay members of such groups and committees” for “section 290aa–5 of this title and appoint and pay members of such groups”
Substituted · 42 U.S.C. § 290aa(j)
Pub. L. 101–93, § 3(f)(2), substituted “as members of such groups or committees” for “as members of such groups”
Source evidence
Code amendment note
Subsec. (j). Pub. L. 101–93, § 3(f)(2), substituted “section 290aa–5 of this title, establish program advisory committees, and pay members of such groups and committees” for “section 290aa–5 of this title and appoint and pay members of such groups” and “as members of such groups or committees” for “as members of such groups”.Enacted provision · exact public law section
(2) Authority for establishment of program advisory committees.— Section 501(j) of the Public Health Service Act (42 U.S.C. 290aa(j)) is amended in the first sentence— (A) by striking “section 507” and all that follows through “groups,” and inserting the following: “section 507, establish program advisory committees, and pay members of such groups and committees,”; and (B) by striking “as members of such groups.” and inserting “as members of such groups or committees.”.ADAMHA Reorganization Act
Pub. L. 102–321 title I § 101(a) · 106 Stat. 323
Amended · 42 U.S.C. § 290aa
Pub. L. 102–321 amended section generally
Substituted · 42 U.S.C. § 290aa
Pub. L. 102–321 substituting provisions relating to the Substance Abuse and Mental Health Services Administration for provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration
Source evidence
Code amendment note
Pub. L. 102–321 amended section generally, substituting provisions relating to the Substance Abuse and Mental Health Services Administration for provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration.Enacted provision · exact public law section
(a) In General.— Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is amended to read as follows: “SEC. 501. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. “(a) Establishment.— The Substance Abuse and Mental Health Services Administration (hereafter referred to in this title as the ‘Administration’) is an agency of the Service. “(b) Agencies.— The following entities are agencies of the Administration: “(1) The Center for Substance Abuse Treatment. “(2) The Center for Substance Abuse Prevention. “(3) The Center for Mental Health Services. “(c) Administrator and Deputy Administrator.— “(1) Administrator.— The Administration shall be headed President. by an Administrator (hereinafter in this title referred to as the ‘Administrator’) who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Deputy Administrator.— The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration. “(d) Authorities.— The Secretary, acting through the Administrator, shall— “(1) supervise the functions of the agencies of the Administration in order to assure that the programs carried out through each such agency receive appropriate and equitable support and that there is cooperation among the agencies in the implementation of such programs; “(2) establish and implement, through the respective agencies, a comprehensive program to improve the provision of treatment and related services to individuals with respect to substance abuse and mental illness and to improve prevention services, promote mental health and protect the legal rights of individuals with mental illnesses and individuals who are substance abusers; “(3) carry out the administrative and financial management, policy development and planning, evaluation, knowledge dissemination, and public information functions that are required for the implementation of this title; “(4) assure that the Administration conduct and coordinate demonstration projects, evaluations, and service system assessments and other activities necessary to improve the availability and quality of treatment, prevention and related services; “(5) support activities that will improve the provision of treatment, prevention and related services, including the development of national mental health and substance abuse goals and model programs; “(6) in cooperation with the National Institutes of Health, the Centers for Disease Control and the Health Resources and Services Administration develop educational materials and intervention strategies to reduce the risks of HIV or tuberculosis among substance abusers and individuals with mental illness and to develop appropriate mental health services for individuals with such illnesses; “(7) coordinate Federal policy with respect to the provision of treatment services for substance abuse utilizing anti-addiction medications, including methadone; “(8) conduct programs, and assure the coordination of such programs with activities of the National Institutes of Health and the Agency for Health Care Policy Research, as appropriate, to evaluate the process, outcomes and community impact of treatment and prevention services and systems of care in order to identify the manner in which such services can most effectively be provided; “(9) collaborate with the Director of the National Institutes of Health in the development of a system by which the relevant research findings of the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, the National Institute of Mental Health, and, as appropriate, the Agency for Health Care Policy Research are disseminated to service providers in a manner designed to improve the delivery and effectiveness of treatment and prevention services; “(10) encourage public and private entities that provide health insurance to provide benefits for substance abuse and mental health services; “(11) promote the integration of substance abuse and mental health services into the mainstream of the health care delivery system of the United States; “(12) monitor compliance by hospitals and other facilities with the requirements of sections 542 and 543; “(13) with respect to grant programs authorized under this title, assure that— “(A) all grants that are awarded for the provision of services are subject to performance and outcome evaluations; and “(B) all grants that are awarded to entities other than States are awarded only after the State in which the entity intends to provide services— “(i) is notified of the pendency of the grant application; and “(ii) is afforded an opportunity to comment on the merits of the application; “(14) assure that services provided with amounts appropriated under this title are provided bilingually, if appropriate; “(15) improve coordination among prevention programs, treatment facilities and nonhealth care systems such as employers, labor unions, and schools, and encourage the adoption of employee assistance programs and student assistance programs; “(16) maintain a clearinghouse for substance abuse and mental health information to assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, treatment providers, and the general public; “(17) in collaboration with the National Institute on Aging, and in consultation with the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism and the National Institute of Mental Health, as appropriate, promote and evaluate substance abuse services for older Americans in need of such services, and mental health services for older Americans who are seriously mentally ill; and “(18) promote the coordination of service programs conducted by other departments, agencies, organizations and individuals that are or may be related to the problems of individuals suffering from mental illness or substance abuse, including liaisons with the Social Security Administration, Health Care Financing Administration, and other programs of the Department, as well as liaisons with the Department of Education, Department of Justice, and other Federal Departments and offices, as appropriate. “(e) Associate Administrator for Alcohol Prevention and Treatment Policy.— “(1) In general.— There shall be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator shall delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment, and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also shall ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2000 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption. “(2) Plan.— “(A) The Administrator, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall develop, and periodically review and as appropriate revise, a plan for programs and policies to treat and prevent alcoholism and alcohol abuse. The plan shall be developed (and reviewed and revised) in collaboration with the Directors of the Centers of the Administration and in consultation with members of other Federal agencies and public and private entities. “(B) Not later than 1 year after the date of the enactment of the ADAMHA Reorganization Act, the Administrator shall submit to the Congress the first plan developed under subparagraph (A). “(3) Report.— “(A) Not less than once during each 2 years, the Administrator, acting through the Associate Administrator for Alcohol Prevention and Treatment Policy, shall prepare a report describing the alcoholism and alcohol abuse prevention and treatment programs undertaken by the Administration and its agencies, and the report shall include a detailed statement of the expenditures made for the activities reported on and the personnel used in connection with such activities. “(B) Each report under subparagraph (A) shall include a description of any revisions in the plan under paragraph (2) made during the preceding 2 years. “(C) Each report under subparagraph (A) shall be submitted to the Administrator for inclusion in the biennial report under subsection (k). “(f) Associate Administrator for Women’s Services.— “(1) Appointment.— The Administrator, with the approval of the Secretary, shall appoint an Associate Administrator for Women’s Services. “(2) Duties.— The Associate Administrator appointed under paragraph (1) shall— “(A) establish a committee to be known as the Coordinating Committee for Women’s Services (hereafter in this subparagraph referred to as the ‘Coordinating Committee’), which shall be composed of the Directors of the agencies of the Administration (or the designees of the Directors); “(B) acting through the Coordinating Committee, with respect to women’s substance abuse and mental health services— “(i) identify the need for such services, and make an estimate each fiscal year of the funds needed to adequately support the services; “(ii) identify needs regarding the coordination of services; “(iii) encourage the agencies of the Administration to support such services; and “(iv) assure that the unique needs of minority women, including Native American, Hispanic, African-American and Asian women, are recognized and addressed within the activities of the Administration; and “(C) establish an advisory committee to be known as the Advisory Committee for Women’s Services, which shall be composed of not more than 10 individuals, a majority of whom shall be women, who are not officers or employees of the Federal Government, to be appointed by the Administrator from among physicians, practitioners, treatment providers, and other health professionals, whose clinical practice, specialization, or professional expertise includes a significant focus on women’s substance abuse and mental health conditions, that shall— “(i) advise the Associate Administrator on appropriate activities to be undertaken by the agencies of the Administration with respect to women’s substance abuse and mental health services, including services which require a multidisciplinary approach; “(ii) collect and review data, including information provided by the Secretary (including the material referred to in paragraph (3)), and report biannually to the Administrator regarding the extent to which women are represented among senior personnel, and make recommendations regarding improvement in the participation of women in the workforce of the Administration; and “(iii) prepare, for inclusion in the biennial report required pursuant to subsection (k), a description of activities of the Committee, including findings made by the Committee regarding— “(I) the extent of expenditures made for women’s substance abuse and mental health services by the agencies of the Administration; and “(II) the estimated level of funding needed for substance abuse and mental health services to meet the needs of women; “(D) improve the collection of data on women’s health by— “(i) reviewing the current data at the Administration to determine its uniformity and applicability; “(ii) developing standards for all programs funded by the Administration so that data are, to the extent practicable, collected and reported using common reporting formats, linkages and definitions; and “(iii) reporting to the Administrator a plan for incorporating the standards developed under clause (ii) in all Administration programs and a plan to assure that the data so collected are accessible to health professionals, providers, researchers, and members of the public; and “(E) shall establish, maintain, and operate a program to provide information on women’s substance abuse and mental health services. “(3) Study.— “(A) The Secretary, acting through the Assistant Secretary for Personnel, shall conduct a study to evaluate the extent to which women are represented among senior personnel at the Administration. “(B) Not later than 90 days after the date of the enactment of the ADAMHA Reorganization Act, the Assistant Secretary for Personnel shall provide the Advisory Committee for Women’s Services with a study plan, including the methodology of the study and any sampling frames. Not later than 180 days after such date of enactment, Reports. the Assistant Secretary shall prepare and submit directly to the Advisory Committee a report concerning the results of the study conducted under subparagraph (A). “(C) The Secretary shall prepare and provide to the Advisory Committee for Women’s Services any additional data as requested. “(4) Definition.— For purposes of this subsection, the term ‘women’s substance abuse and mental health conditions’, with respect to women of all age, ethnic, and racial groups, means all aspects of substance abuse and mental illness— “(A) unique to or more prevalent among women; or “(B) with respect to which there have been insufficient services involving women or insufficient data. “(g) Services of Experts.— “(1) In general.— The Administrator may obtain (in accordance with section 3109 of title 5, United States Code, but without regard to the limitation in such section on the number of days or the period of service) the services of not more than 20 experts or consultants who have professional qualifications. Such experts and consultants shall be obtained for the Administration and for each of its agencies. “(2) Compensation and expenses.— “(A) Experts and consultants whose services are obtained under paragraph (1) shall be paid or reimbursed for their expenses associated with traveling to and from their assign-ment location in accordance with sections 5724, 5724a(a)(l), 5724a(a)(3), and 5726(c) of title 5, United States Code. “(B) Expenses specified in subparagraph (A) may not be allowed in connection with the assignment of an expert or consultant whose services are obtained under paragraph (1), unless and until the expert or consultant agrees in writing to complete the entire period of assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond the control of the expert or consultant that are acceptable to the Secretary. If the expert or consultant violates the agreement, the money spent by the United States for the expenses specified in subparagraph (A) is recoverable from the expert or consultant as a debt of the United States. The Secretary may waive in whole or in part a right of recovery under this subparagraph. “(h) Peer Review Groups.— The Administrator shall, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, establish such peer review groups and program advisory committees as are needed to carry out the requirements of this title and appoint and pay members of such groups, except that officers and employees of the United States shall not receive additional compensation for services as members of such groups. The Federal Advisory Committee Act shall not apply to the duration of a peer review group appointed under this subsection. “(i) Voluntary Services.— The Administrator may accept voluntary and uncompensated services. “(j) Administration.— The Administrator shall ensure that programs and activities assigned under this title to the Administration are fully administered by the respective Centers to which such programs and activities are assigned. “(k) Report Concerning Activities and Progress.— Not later than February 10, 1994, and once every 2 years thereafter, the Administrator 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, the report containing— “(1) a description of the activities carried out by the Administration; “(2) a description of any measurable progress made in improving the availability and quality of substance abuse and mental health services; “(3) a description of the mechanisms by which relevant research findings of the National Institute on Drug Abuse, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute of Mental Health have been disseminated to service providers or otherwise utilized by the Administration to further the purposes of this title; and “(4) any report required in this title to be submitted to the Administrator for inclusion in the report under this subsection. “(l) Applications for Grants and Contracts.— With respect to awards of grants, cooperative agreements, and contracts under this title, the Administrator, or the Director of the Center involved, as the case may be, may not make such an award unless— “(1) an application for the award is submitted to the official involved; “(2) with respect to carrying out the purpose for which the award is to be provided, the application provides assurances of compliance satisfactory to such official; and “(3) the application is otherwise in such form, is made in such manner, and contains such agreements, assurances, and information as the official determines to be necessary to carry out the purpose for which the award is to be provided. “(m) Authorization of Appropriations.— For the purpose of providing grants, cooperative agreements, and contracts under this section, there are authorized to be appropriated $25,000,000 for fiscal year 1993, and such sums as may be necessary for fiscal year 1994.”.Federal Employee Travel Reform Act of 1996
Pub. L. 104–201 div. A title XVII § 1723(a)(3)(A) · 110 Stat. 2422
Substituted · 42 U.S.C. § 290aa(g)(2)(A)
Pub. L. 104–201 substituted “5724a(a), 5724a(c)” for “5724a(a)(1), 5724a(a)(3)”
Source evidence
Code amendment note
Subsec. (g)(2)(A). Pub. L. 104–201 substituted “5724a(a), 5724a(c)” for “5724a(a)(1), 5724a(a)(3)”.Enacted provision · exact public law section
(A) Section 501(g)(2)(A) (42 U.S.C. 290aa(g)(2)(A)) is amended by striking out “5724a(a)(1), 5724a(a)(3)” and inserting in lieu thereof “5724a(a), 5724a(c)”.Effective date note
Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees.Pub. L. 106–129 § 2(b)(2) · 113 Stat. 1653
Substituted · 42 U.S.C. § 290aa(d)(8); 42 U.S.C. § 290aa(d)(9)
Pub. L. 106–129, which directed the substitution of “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”, was not executed because the term “Agency for Health Care Policy and Research” did not appear in text and because of the amendment by Pub. L. 114–255, § 6002(2)(G)(ii), which presumed that the substitution did not take place. See 2016 Amendment note above
Source evidence
Code amendment note
Subsec. (d)(8), (9). Pub. L. 106–129, which directed the substitution of “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”, was not executed because the term “Agency for Health Care Policy and Research” did not appear in text and because of the amendment by Pub. L. 114–255, § 6002(2)(G)(ii), which presumed that the substitution did not take place. See 2016 Amendment note above.Enacted provision · exact public law section
(2) References.— Any reference in law to the Agency for 42 USC 203 et seq. Health Care Policy and Research is deemed to be a reference to the Agency for Healthcare Research and Quality, and any reference in law to the Administrator for Health Care Policy and Research is deemed to be a reference to the Director of the Agency for Healthcare Research and Quality.Youth Drug and Mental Health Services Act
Pub. L. 106–310 § 3401(a) · 114 Stat. 1101
Amended · 42 U.S.C. § 290aa(e)(1)
Pub. L. 106–310, § 3401(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There shall be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator shall delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment, and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also shall ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2000 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 106–310, § 3401(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There shall be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator shall delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment, and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also shall ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2000 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.”Enacted provision · exact public law section
(a) General Authorities.— Paragraph (1) of section 501(e) of the Public Health Service Act (42 U.S.C. 290aa(e)) is amended to read as follows: “(1) In general.— There may be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator may delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also may ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2010 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.”.Youth Drug and Mental Health Services Act
Pub. L. 106–310 § 3102 · 114 Stat. 1101
Added · 42 U.S.C. § 290aa(m)(o)
Pub. L. 106–310, § 3102, added subsecs. (m) and (n)
Redesignated · 42 U.S.C. § 290aa(m)(o)
Pub. L. 106–310, § 3102, redesignated former subsec. (m) as (o)
Substituted · 42 U.S.C. § 290aa(m)(o)
Pub. L. 106–310, § 3102, 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” before period at end
Source evidence
Code amendment note
Subsecs. (m) to (o). Pub. L. 106–310, § 3102, added subsecs. (m) and (n), redesignated former subsec. (m) as (o), and 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” before period at end.Enacted provision · exact public law section
SEC. 3102. EMERGENCY RESPONSE. Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is amended— (1) by redesignating subsection (m) as subsection (o); (2) by inserting after subsection (1) the following: “(m) Emergency Response.— “(1) In general.— Notwithstanding section 504 and except as provided in paragraph (2), the Secretary may use not to exceed 2.5 percent of all amounts appropriated under this title for a fiscal year to make noncompetitive grants, contracts or cooperative agreements to public entities to enable such entities to address emergency substance abuse or mental health needs in local communities. “(2) Exceptions.— Amounts appropriated under part C shall not be subject to paragraph (1). “(3) Emergencies.— The Secretary shall establish criteria for determining that a substance abuse or mental health emergency exists and publish such criteria in the Federal Register prior to providing funds under this subsection. “(n) Limitation on the Use of Certain Information.— No information, if an establishment or person supplying the information or described in it is identifiable, obtained in the course of activities undertaken or supported under section 505 may be used for any purpose other than the purpose for which it was supplied unless such establishment or person has consented (as determined under regulations of the Secretary) to its use for such other purpose. Such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publication or release in other form.”; and (3) in subsection (o) (as so redesignated), by striking “1993” and all that follows through the period and inserting “2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003.”.Medicare Prescription Drug, Improvement, and Modernization Act of 2003
Pub. L. 108–173 title IX § 900(e)(2)(A) · 117 Stat. 2066
Substituted · 42 U.S.C. § 290aa(d)(18)
Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”
Source evidence
Code amendment note
Subsec. (d)(18). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.Enacted provision · exact public law section
(A) in section 501(d)(18) (42 U.S.C. 290aa(d)(18)), by striking “Health Care Financing Administration” and inserting “Centers for Medicare & Medicaid Services”;Patient Protection and Affordable Care Act
Pub. L. 111–148 § 3509(d)(1) · 124 Stat. 119
Inserted · 42 U.S.C. § 290aa(f)(1)
Pub. L. 111–148, § 3509(d)(1), inserted “who shall report directly to the Administrator” before period at end
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 111–148, § 3509(d)(1), inserted “who shall report directly to the Administrator” before period at end.Enacted provision · exact public law section
(1) in paragraph (1), by inserting “who shall report directly to the Administrator” before the period;Patient Protection and Affordable Care Act
Pub. L. 111–148 § 3509(d)(2) · 124 Stat. 119
Added · 42 U.S.C. § 290aa(f)(4); 42 U.S.C. § 290aa(f)(5)
Pub. L. 111–148, § 3509(d)(2), (3), added par. (4)
Redesignated · 42 U.S.C. § 290aa(f)(4); 42 U.S.C. § 290aa(f)(5)
Pub. L. 111–148, § 3509(d)(2), (3), redesignated former par. (4) as (5)
Source evidence
Code amendment note
Subsec. (f)(4), (5). Pub. L. 111–148, § 3509(d)(2), (3), added par. (4) and redesignated former par. (4) as (5).Enacted provision · exact public law section
(2) by redesignating paragraph (4) as paragraph (5); andHelping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(1) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(b)
Pub. L. 114–255, § 6002(1), substituted “Centers” for “Agencies” in introductory provisions
Substituted · 42 U.S.C. § 290aa(b)
Pub. L. 114–255, § 6002(1), substituted “Centers” for “entities” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–255, § 6002(1), substituted “Centers” for “Agencies” in heading and “Centers” for “entities” in introductory provisions.Enacted provision · exact public law section
(1) in subsection (b)— (A) in the subsection heading, by striking “Agencies” and inserting “Centers”; and (B) in the matter preceding paragraph (1), by striking “entities” and inserting “Centers”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(a) · 130 Stat. 1033
Amended · 42 U.S.C. § 290aa(c)
Pub. L. 114–255, § 6001(a), amended subsec. (c) generally
Substituted · 42 U.S.C. § 290aa(c)
Pub. L. 114–255, § 6001(a), substituting references to the Assistant Secretary and Deputy Assistant Secretary for references to the Administrator and Deputy Administrator
Source evidence
Code amendment note
Subsec. (c). Pub. L. 114–255, § 6001(a), amended subsec. (c) generally, substituting references to the Assistant Secretary and Deputy Assistant Secretary for references to the Administrator and Deputy Administrator.Enacted provision · exact public law section
(a) Assistant Secretary.— Section 501(c) of the Public Health Service Act (42 U.S.C. 290aa(c)) is amended to read as follows: “(c) Assistant Secretary and Deputy Assistant Secretary.— “(1) Assistant secretary.— The Administration shall be headed by an official to be known as the Assistant Secretary for Mental Health and Substance Use (hereinafter in this title referred to as the ‘Assistant Secretary’) who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Deputy assistant secretary.— The Assistant Secretary, with the approval of the Secretary, may appoint a Deputy Assistant Secretary and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration.” .Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(A) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(1)
Pub. L. 114–255, § 6002(2)(A), substituted “Centers” for “agencies”
Substituted · 42 U.S.C. § 290aa(d)(1)
Pub. L. 114–255, § 6002(2)(A), substituted “such Center” for “such agency”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 114–255, § 6002(2)(A), substituted “Centers” for “agencies” in two places and “such Center” for “such agency”.Enacted provision · exact public law section
(A) in paragraph (1)— (i) by striking “agencies” each place the term appears and inserting “Centers”; and (ii) by striking “such agency” and inserting “such Center”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(B) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(2)
Pub. L. 114–255, § 6002(2)(B), substituted “Centers” for “agencies”
Substituted · 42 U.S.C. § 290aa(d)(2)
Pub. L. 114–255, § 6002(2)(B), substituted “with respect to substance use disorders” for “with respect to substance abuse”
Substituted · 42 U.S.C. § 290aa(d)(2)
Pub. L. 114–255, § 6002(2)(B), substituted “and individuals with substance use disorders” for “and individuals who are substance abusers”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 114–255, § 6002(2)(B), substituted “Centers” for “agencies”, “with respect to substance use disorders” for “with respect to substance abuse”, and “and individuals with substance use disorders” for “and individuals who are substance abusers”.Enacted provision · exact public law section
(B) in paragraph (2)— (i) by striking “agencies” and inserting “Centers”; (ii) by striking “with respect to substance abuse” and inserting “with respect to substance use disorders”; and (iii) by striking “and individuals who are substance abusers” and inserting “and individuals with substance use disorders”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(C) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(5)
Pub. L. 114–255, § 6002(2)(C), substituted “substance use disorder” for “substance abuse”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 114–255, § 6002(2)(C), substituted “substance use disorder” for “substance abuse”.Enacted provision · exact public law section
(C) in paragraph (5), by striking “substance abuse” and inserting “substance use disorder”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(D) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(6)
Pub. L. 114–255, § 6002(2)(D), substituted “the Centers for Disease Control and Prevention,” for “the Centers for Disease Control”
Substituted · 42 U.S.C. § 290aa(d)(6)
Pub. L. 114–255, § 6002(2)(D), substituted “Administration, develop” for “Administration develop”
Substituted · 42 U.S.C. § 290aa(d)(6)
Pub. L. 114–255, § 6002(2)(D), substituted “HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders,” for “HIV or tuberculosis among substance abusers and individuals with mental illness”
Substituted · 42 U.S.C. § 290aa(d)(6)
Pub. L. 114–255, § 6002(2)(D), substituted “diseases or disorders” for “illnesses”
Source evidence
Code amendment note
Subsec. (d)(6). Pub. L. 114–255, § 6002(2)(D), substituted “the Centers for Disease Control and Prevention,” for “the Centers for Disease Control”, “Administration, develop” for “Administration develop”, “HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders,” for “HIV or tuberculosis among substance abusers and individuals with mental illness”, and “diseases or disorders” for “illnesses”.Enacted provision · exact public law section
(D) in paragraph (6)— (i) by striking “the Centers for Disease Control” and inserting “the Centers for Disease Control and Prevention,”; (ii) by striking “Administration develop” and inserting “Administration, develop”; (iii) by striking “HIV or tuberculosis among substance abusers and individuals with mental illness” and inserting “HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders,”; and (iv) by striking “illnesses” at the end and inserting “diseases or disorders”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(E) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(7)
Pub. L. 114–255, § 6002(2)(E), substituted “use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders” for “abuse utilizing anti-addiction medications, including methadone”
Source evidence
Code amendment note
Subsec. (d)(7). Pub. L. 114–255, § 6002(2)(E), substituted “use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders” for “abuse utilizing anti-addiction medications, including methadone”.Enacted provision · exact public law section
(E) in paragraph (7), by striking “abuse utilizing anti-addiction medications, including methadone” and inserting “use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(F) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(8)
Pub. L. 114–255, § 6002(2)(F), substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research”
Substituted · 42 U.S.C. § 290aa(d)(8)
Pub. L. 114–255, § 6002(2)(F), substituted “prevention and treatment” for “treatment and prevention”
Source evidence
Code amendment note
Subsec. (d)(8). Pub. L. 114–255, § 6002(2)(F), substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research” and “prevention and treatment” for “treatment and prevention”.Enacted provision · exact public law section
(F) in paragraph (8)— (i) by striking “Agency for Health Care Policy Research” and inserting “Agency for Healthcare Research and Quality”; and (ii) by striking “treatment and prevention” and inserting “prevention and treatment”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(G) · 130 Stat. 1033
Inserted · 42 U.S.C. § 290aa(d)(9)
Pub. L. 114–255, § 6002(2)(G), inserted “and maintenance” after “development”
Substituted · 42 U.S.C. § 290aa(d)(9)
Pub. L. 114–255, § 6002(2)(G), substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research”
Substituted · 42 U.S.C. § 290aa(d)(9)
Pub. L. 114–255, § 6002(2)(G), substituted “prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration” for “treatment and prevention services”
Source evidence
Code amendment note
Subsec. (d)(9). Pub. L. 114–255, § 6002(2)(G), inserted “and maintenance” after “development” and substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research” and “prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration” for “treatment and prevention services”.Enacted provision · exact public law section
(G) in paragraph (9)— (i) by inserting “and maintenance” after “development”; (ii) by striking “Agency for Health Care Policy Research” and inserting “Agency for Healthcare Research and Quality”; and (iii) by striking “treatment and prevention services” and inserting “prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(H) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(10)
Pub. L. 114–255, § 6002(2)(H), substituted “use disorder” for “abuse”
Source evidence
Code amendment note
Subsec. (d)(10). Pub. L. 114–255, § 6002(2)(H), substituted “use disorder” for “abuse”.Enacted provision · exact public law section
(H) in paragraph (10), by striking “abuse” and inserting “use disorder”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(I) · 130 Stat. 1033
Added · 42 U.S.C. § 290aa(d)(11)
Pub. L. 114–255, § 6002(2)(I), added par. (11)
Struck · 42 U.S.C. § 290aa(d)(11)
Pub. L. 114–255, § 6002(2)(I), struck out former par. (11) which read as follows: “promote the integration of substance abuse and mental health services into the mainstream of the health care delivery system of the United States;”
Source evidence
Code amendment note
Subsec. (d)(11). Pub. L. 114–255, § 6002(2)(I), added par. (11) and struck out former par. (11) which read as follows: “promote the integration of substance abuse and mental health services into the mainstream of the health care delivery system of the United States;”.Enacted provision · exact public law section
(I) by striking paragraph (11) and inserting the following: “(11) work with relevant agencies of the Department of Health and Human Services on integrating mental health promotion and substance use disorder prevention with general health promotion and disease prevention and integrating mental and substance use disorders treatment services with physical health treatment services;” ;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(J)(i) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(13)
Pub. L. 114–255, § 6002(2)(J)(i), substituted “this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration” for “this subchapter, assure that” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(13). Pub. L. 114–255, § 6002(2)(J)(i), substituted “this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration” for “this subchapter, assure that” in introductory provisions.Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “this title, assure that” and inserting “this title or part B of title XIX, or grant programs otherwise funded by the Administration”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(J)(ii) · 130 Stat. 1033
Added · 42 U.S.C. § 290aa(d)(13)(A)(D)
Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), added subpar. (B)
Redesignated · 42 U.S.C. § 290aa(d)(13)(A)(D)
Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), redesignated former subpar. (B) as (C)
Inserted · 42 U.S.C. § 290aa(d)(13)(A)(D)
Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), inserted “require that” before “all grants” in subpars. (A) and (C)
Added · 42 U.S.C. § 290aa(d)(13)(A)(D)
Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), added subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(13)(A) to (D). Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), added subpar. (B), redesignated former subpar. (B) as (C), inserted “require that” before “all grants” in subpars. (A) and (C), and added subpar. (D).Enacted provision · exact public law section
(ii) in subparagraph (A)— (I) by inserting “require that” before “all grants”; and (II) by striking “and” at the end;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(K) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(16)
Pub. L. 114–255, § 6002(2)(K), substituted “use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders,” for “abuse and mental health information”
Source evidence
Code amendment note
Subsec. (d)(16). Pub. L. 114–255, § 6002(2)(K), substituted “use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders,” for “abuse and mental health information”.Enacted provision · exact public law section
(K) in paragraph (16), by striking “abuse and mental health information” and inserting “use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders,”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(2)(L) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(d)(17)(19)(25)
Pub. L. 114–255, § 6002(2)(L)–(N), substituted “substance use disorder” for “substance abuse” in par. (17)
Added · 42 U.S.C. § 290aa(d)(17)(19)(25)
Pub. L. 114–255, § 6002(2)(L)–(N), added pars. (19) to (25)
Source evidence
Code amendment note
Subsec. (d)(17), (19) to (25). Pub. L. 114–255, § 6002(2)(L)–(N), substituted “substance use disorder” for “substance abuse” in par. (17) and added pars. (19) to (25).Enacted provision · exact public law section
(L) in paragraph (17)— (i) by striking “substance abuse” and inserting “substance use disorder”; and (ii) by striking “and” at the end;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(e)(1)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary may delegate” for “Administrator may delegate”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary may delegate” for “Administrator may delegate”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(e)(2)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through” in subpar. (B)
Substituted · 42 U.S.C. § 290aa(e)(2)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in subpar. (B)
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through” in subpar. (A) and “Assistant Secretary” for “Administrator” in subpar. (B).Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(e)(3)(A)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through”
Source evidence
Code amendment note
Subsec. (e)(3)(A). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(e)(3)(C)
Pub. L. 114–255, § 6003(2), substituted “subsection (m)” for “subsection (k)”
Source evidence
Code amendment note
Subsec. (e)(3)(C). Pub. L. 114–255, § 6003(2), substituted “subsection (m)” for “subsection (k)”.Enacted provision · exact public law section
(2) in subsection (e)(3)(C), by striking “subsection (k)” and inserting “subsection (m)”;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(e)(3)(C)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(f)(1)
Pub. L. 114–255, § 6001(c)(2), substituted “The Assistant Secretary,” for “The Administrator,”
Substituted · 42 U.S.C. § 290aa(f)(1)
Pub. L. 114–255, § 6001(c)(2), substituted “the Assistant Secretary” for “the Administrator”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 114–255, § 6001(c)(2), substituted “The Assistant Secretary,” for “The Administrator,” and “the Assistant Secretary” for “the Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(f)(2)(C)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2)(C). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(f)(2)(C)(ii)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (f)(2)(C)(ii). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(3) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(f)(2)(C)(iii)
Pub. L. 114–255, § 6003(3), substituted “subsection (m)” for “subsection (k)” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(2)(C)(iii). Pub. L. 114–255, § 6003(3), substituted “subsection (m)” for “subsection (k)” in introductory provisions.Enacted provision · exact public law section
(3) in subsection (f)(2)(C)(iii), by striking “subsection (k)” and inserting “subsection (m)”; andHelping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(f)(2)(D)(iii)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (f)(2)(D)(iii). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(4) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(g)
Pub. L. 114–255, § 6003(4), added subsec. (g). Former subsec. (g) redesignated (h)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–255, § 6003(4), added subsec. (g). Former subsec. (g) redesignated (h).Enacted provision · exact public law section
(4) by inserting after subsection (f) the following: “(g) Chief Medical Officer.— “(1) In general.— The Assistant Secretary, with the approval of the Secretary, shall appoint a Chief Medical Officer to serve within the Administration. “(2) Eligible candidates.— The Assistant Secretary shall select the Chief Medical Officer from among individuals who— “(A) have a doctoral degree in medicine or osteopathic medicine; “(B) have experience in the provision of mental or substance use disorder services; “(C) have experience working with mental or substance use disorder programs; “(D) have an understanding of biological, psychosocial, and pharmaceutical treatments of mental or substance use disorders; and “(E) are licensed to practice medicine in one or more States. “(3) Duties.— The Chief Medical Officer shall— “(A) serve as a liaison between the Administration and providers of mental and substance use disorders prevention, treatment, and recovery services; “(B) assist the Assistant Secretary in the evaluation, organization, integration, and coordination of programs operated by the Administration; “(C) promote evidence-based and promising best practices, including culturally and linguistically appropriate practices, as appropriate, for the prevention and treatment of, and recovery from, mental and substance use disorders, including serious mental illness and serious emotional disturbances; “(D) participate in regular strategic planning with the Administration; “(E) coordinate with the Assistant Secretary for Planning and Evaluation to assess the use of performance metrics to evaluate activities within the Administration related to mental and substance use disorders; and “(F) coordinate with the Assistant Secretary to ensure mental and substance use disorders grant programs within the Administration consistently utilize appropriate performance metrics and evaluation designs.” .Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(g)(1)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(h)
Pub. L. 114–255, § 6003(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 114–255, § 6003(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(h)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(i)
Pub. L. 114–255, § 6003(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 114–255, § 6003(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(i)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(j)
Pub. L. 114–255, § 6003(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 114–255, § 6003(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(j)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(k)
Pub. L. 114–255, § 6003(1), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (m)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 114–255, § 6003(1), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (m).Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(k)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6005 · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(l)
Pub. L. 114–255, § 6005, added subsec. (l). Former subsec. (l) redesignated (n)
Source evidence
Code amendment note
Subsec. (l). Pub. L. 114–255, § 6005, added subsec. (l). Former subsec. (l) redesignated (n).Enacted provision · exact public law section
SEC. 6005. STRATEGIC PLAN. Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as amended by sections 6001 through 6003, is further amended by inserting after subsection (k), as redesignated by section 6003, the following: “(l) Strategic Plan.— “(1) In general.— Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall develop and carry out a strategic plan in accordance with this subsection for the planning and operation of activities carried out by the Administration, including evidence-based programs. “(2) Coordination.— In developing and carrying out the strategic plan under this subsection, the Assistant Secretary shall take into consideration the findings and recommendations of the Assistant Secretary for Planning and Evaluation under section 6021(d) of the Helping Families in Mental Health Crisis Reform Act of 2016 and the report of the Interdepartmental Serious Mental Illness Coordinating Committee under section 6031 of such Act. “(3) Publication of plan.— Not later than September 30, 2018, and every 4 years thereafter, the Assistant Secretary shall— “(A) submit the strategic plan developed under paragraph (1) to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate; and “(B) post such plan on the Internet website of the Administration. “(4) Contents.— The strategic plan developed under paragraph (1) shall— “(A) identify strategic priorities, goals, and measurable objectives for mental and substance use disorders activities and programs operated and supported by the Administration, including priorities to prevent or eliminate the burden of mental and substance use disorders; “(B) identify ways to improve the quality of services for individuals with mental and substance use disorders, and to reduce homelessness, arrest, incarceration, violence, including self-directed violence, and unnecessary hospitalization of individuals with a mental or substance use disorder, including adults with a serious mental illness or children with a serious emotional disturbance; “(C) ensure that programs provide, as appropriate, access to effective and evidence-based prevention, diagnosis, intervention, treatment, and recovery services, including culturally and linguistically appropriate services, as appropriate, for individuals with a mental or substance use disorder; “(D) identify opportunities to collaborate with the Health Resources and Services Administration to develop or improve— “(i) initiatives to encourage individuals to pursue careers (especially in rural and underserved areas and with rural and underserved populations) as psychiatrists, including child and adolescent psychiatrists, psychologists, psychiatric nurse practitioners, physician assistants, clinical social workers, certified peer support specialists, licensed professional counselors, or other licensed or certified mental health or substance use disorder professionals, including such professionals specializing in the diagnosis, evaluation, or treatment of adults with a serious mental illness or children with a serious emotional disturbance; and “(ii) a strategy to improve the recruitment, training, and retention of a workforce for the treatment of individuals with mental or substance use disorders, or co-occurring disorders; “(E) identify opportunities to improve collaboration with States, local governments, communities, and Indian tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act); and “(F) specify a strategy to disseminate evidence-based and promising best practices related to prevention, diagnosis, early intervention, treatment, and recovery services related to mental illness, particularly for adults with a serious mental illness and children with a serious emotional disturbance, and for individuals with a substance use disorder.” .Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6001(c)(2) · 130 Stat. 1033
Substituted · 42 U.S.C. § 290aa(l)
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.Enacted provision · exact public law section
(2) by striking “Administrator” or “Administrator” each place it appears (including in any headings) and inserting “Assistant Secretary” or “Assistant Secretary”, respectively, except where the term “Administrator” appears— (A) in each of subsections (e) and (f) of section 501 of such Act (42 U.S.C. 290aa), including the headings of such subsections, within the term “Associate Administrator”; (B) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Health Resources and Services Administration”; (C) in section 507(b)(6) of such Act (42 U.S.C. 290bb(b)(6)), within the term “Administrator of the Centers for Medicare & Medicaid Services”; (D) in section 519B(c)(1)(B) of such Act (42 U.S.C. 290bb–25b(c)(1)(B)), within the term “Administrator of the National Highway Traffic Safety Administration”; or (E) in each of sections 519B(c)(1)(B), 520C(a), and 520D(a) of such Act (42 U.S.C. 290bb–25b(c)(1)(B), 290bb–34(a), 290bb–35(a)), within the term “Administrator of the Office of Juvenile Justice and Delinquency Prevention”.Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6006(a) · 130 Stat. 1033
Amended · 42 U.S.C. § 290aa(m)
Pub. L. 114–255, § 6006(a), amended subsec. (m) generally
Substituted · 42 U.S.C. § 290aa(m)
Pub. L. 114–255, § 6006(a), substituting requirements for biennial reports beginning no later than September 30, 2020, for requirements for biennial reports beginning no later than February 10, 1994
Source evidence
Code amendment note
Subsec. (m). Pub. L. 114–255, § 6006(a), amended subsec. (m) generally, substituting requirements for biennial reports beginning no later than September 30, 2020, for requirements for biennial reports beginning no later than February 10, 1994.Enacted provision · exact public law section
(a) In General.— Section 501 of the Public Health Service Act (42 U.S.C. 290aa), as so amended, is further amended by amending subsection (m), as redesignated by section 6003, to read as follows: “(m) Biennial Report Concerning Activities and Progress.— Not later than September 30, 2020, and every 2 years thereafter, the Assistant Secretary shall prepare and submit to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and post on the Internet website of the Administration, a report containing at a minimum— “(1) a review of activities conducted or supported by the Administration, including progress toward strategic priorities, goals, and objectives identified in the strategic plan developed under subsection (l); “(2) an assessment of programs and activities carried out by the Assistant Secretary, including the extent to which programs and activities under this title and part B of title XIX meet identified goals and performance measures developed for the respective programs and activities; “(3) a description of the progress made in addressing gaps in mental and substance use disorders prevention, treatment, and recovery services and improving outcomes by the Administration, including with respect to serious mental illnesses, serious emotional disturbances, and co-occurring disorders; “(4) a description of the manner in which the Administration coordinates and partners with other Federal agencies and departments related to mental and substance use disorders, including activities related to— “(A) the implementation and dissemination of research findings into improved programs, including with respect to how advances in serious mental illness and serious emotional disturbance research have been incorporated into programs; “(B) the recruitment, training, and retention of a mental and substance use disorders workforce; “(C) the integration of mental disorder services, substance use disorder services, and physical health services; “(D) homelessness; and “(E) veterans; “(5) a description of the manner in which the Administration promotes coordination by grantees under this title, and part B of title XIX, with State or local agencies; and “(6) a description of the activities carried out under section 501A(e), with respect to mental and substance use disorders, including— “(A) the number and a description of grants awarded; “(B) the total amount of funding for grants awarded; “(C) a description of the activities supported through such grants, including outcomes of programs supported; and “(D) information on how the National Mental Health and Substance Use Policy Laboratory is consulting with the Assistant Secretary for Planning and Evaluation and collaborating with the Center for Substance Abuse Treatment, the Center for Substance Abuse Prevention, the Center for Behavioral Health Statistics and Quality, and the Center for Mental Health Services to carry out such activities; and “(7) recommendations made by the Assistant Secretary for Planning and Evaluation under section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016 to improve programs within the Administration, and actions taken in response to such recommendations to improve programs within the Administration. The Assistant Secretary may meet reporting requirements established under this title by providing the contents of such reports as an addendum to the biennial report established under this subsection, notwithstanding the timeline of other reporting requirements in this title. Nothing in this subsection shall be construed to alter the content requirements of such reports or authorize the Assistant Secretary to alter the timeline of any such reports to be less frequent than biennially, unless as specified in this title.” .Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(m)
Pub. L. 114–255, § 6003(1), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (o)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–255, § 6003(1), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (o).Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6002(3) · 130 Stat. 1033
Added · 42 U.S.C. § 290aa(m)(4)
Pub. L. 114–255, § 6002(3), added par. (4)
Source evidence
Code amendment note
Subsec. (m)(4). Pub. L. 114–255, § 6002(3), added par. (4).Enacted provision · exact public law section
(3) in subsection (m), by adding at the end the following: “(4) Emergency response.— Amounts made available for carrying out this subsection shall remain available through the end of the fiscal year following the fiscal year for which such amounts are appropriated.” .Helping Families in Mental Health Crisis Reform Act of 2016
Pub. L. 114–255 § 6003(1) · 130 Stat. 1033
Redesignated · 42 U.S.C. § 290aa(n)(q)
Pub. L. 114–255, § 6003(1), redesignated subsecs. (l) to (o) as (n) to (q), respectively
Source evidence
Code amendment note
Subsecs. (n) to (q). Pub. L. 114–255, § 6003(1), redesignated subsecs. (l) to (o) as (n) to (q), respectively.Enacted provision · exact public law section
(1) by redesignating subsections (g) through (j) and subsections (k) through (o) as subsections (h) through (k) and subsections (m) through (q), respectively;Pub. L. 117–286 § 4(a)(236) · 136 Stat. 4196
Redesignated · 42 U.S.C. § 290aa(i)
Pub. L. 117–286, which directed amendment of subsec. (h) by substituting “Chapter 10 of title 5” for “The Federal Advisory Committee Act”, was executed by making the substitution in subsec. (i) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (i) by Pub. L. 114–255, § 6003(1). See 2016 Amendment note below
Source evidence
Code amendment note
Subsec. (i). Pub. L. 117–286, which directed amendment of subsec. (h) by substituting “Chapter 10 of title 5” for “The Federal Advisory Committee Act”, was executed by making the substitution in subsec. (i) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (i) by Pub. L. 114–255, § 6003(1). See 2016 Amendment note below.Enacted provision · exact public law section
(236) Section 501(h) of the Public Health Service Act (42 U.S.C. 290aa(h)) is amended by striking “The Federal Advisory Committee Act” and inserting “Chapter 10 of title 5, United States Code,”.Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(a) · 136 Stat. 4459
Added · 42 U.S.C. § 290aa(d)(24); 42 U.S.C. § 290aa(d)(25)
Pub. L. 117–328, § 2112(a), added par. (24)
Redesignated · 42 U.S.C. § 290aa(d)(24); 42 U.S.C. § 290aa(d)(25)
Pub. L. 117–328, § 2112(a), redesignated former par. (24) as (25). Former par. (25) redesignated (26)
Source evidence
Code amendment note
Subsec. (d)(24), (25). Pub. L. 117–328, § 2112(a), added par. (24) and redesignated former par. (24) as (25). Former par. (25) redesignated (26).Enacted provision · exact public law section
(a) Authorities.— Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa(d)) is amended— (1) by redesignating paragraphs (24) and (25) as paragraphs (25) and (26), respectively; and (2) by inserting after paragraph (23) the following: “(24) support the continued access to, or availability of, mental health and substance use disorder services during, or in response to, a public health emergency declared under section 319, including in consultation with, as appropriate, the Assistant Secretary for Preparedness and Response, the Director of the Centers for Disease Control and Prevention, and the heads of other relevant agencies, in preparing for, and responding to, a public health emergency;” .Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(a)(1) · 136 Stat. 4459
Redesignated · 42 U.S.C. § 290aa(d)(26)
Pub. L. 117–328, § 2112(a)(1), redesignated par. (25) as (26) relating to performance metrics
Source evidence
Code amendment note
Subsec. (d)(26). Pub. L. 117–328, § 2112(a)(1), redesignated par. (25) as (26) relating to performance metrics.Enacted provision · exact public law section
(1) by redesignating paragraphs (24) and (25) as paragraphs (25) and (26), respectively; andRestoring Hope for Mental Health and Well-Being Act of 2022
Pub. L. 117–328 § 1231 · 136 Stat. 4459
Added · 42 U.S.C. § 290aa(d)(26)
Pub. L. 117–328, § 1231, added par. (26) relating to recovery housing and services
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 117–328, § 1231, added par. (26) relating to recovery housing and services.Enacted provision · exact public law section
SEC. 1231. CLARIFYING THE ROLE OF SAMHSA IN PROMOTING THE AVAILABILITY OF HIGH-QUALITY RECOVERY HOUSING. Section 501(d) of the Public Health Service Act (42 U.S.C. 290aa) is amended— (1) in paragraph (24)(E), by striking “and” at the end; (2) in paragraph (25), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(26) collaborate with national accrediting entities, recovery housing providers, organizations or individuals with established expertise in delivery of recovery housing services, States, Federal agencies (including the Department of Health and Human Services, the Department of Housing and Urban Development, and the agencies listed in section 550(e)(2)(B)), and other relevant stakeholders, to promote the availability of high-quality recovery housing and services for individuals with a substance use disorder.” .Restoring Hope for Mental Health and Well-Being Act of 2022
Pub. L. 117–328 § 1121(c)(2)(A) · 136 Stat. 4459
Substituted · 42 U.S.C. § 290aa(l)(2)
Pub. L. 117–328, § 1121(c)(2)(A), substituted “section 290aa–0b of this title” for “section 6031 of such Act”
Source evidence
Code amendment note
Subsec. (l)(2). Pub. L. 117–328, § 1121(c)(2)(A), substituted “section 290aa–0b of this title” for “section 6031 of such Act”.Enacted provision · exact public law section
(A) Section 501(l)(2) of the Public Health Service Act (42 U.S.C. 290aa(l)(2)) is amended by striking “section 6031 of such Act” and inserting “section 501C”.Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(b) · 136 Stat. 4459
Added · 42 U.S.C. § 290aa(l)(4)(G)
Pub. L. 117–328, § 2112(b), added subpar. (G)
Source evidence
Code amendment note
Subsec. (l)(4)(G). Pub. L. 117–328, § 2112(b), added subpar. (G).Enacted provision · exact public law section
(b) Strategic Plan.— Section 501(l)(4) of the Public Health Service Act (42 U.S.C. 290aa(l)(4)) is amended— (1) in subparagraph (E), by striking “and” at the end; (2) in subparagraph (F), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(G) specify a strategy to support the continued access to, or availability of, mental health and substance use disorder services, including to at-risk individuals (as defined in section 2802(b)(4)), during, or in response to, public health emergencies declared pursuant to section 319.” .Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(c)(2) · 136 Stat. 4459
Redesignated · 42 U.S.C. § 290aa(m)(4)
Pub. L. 117–328, § 2112(c)(2), added par. (4). Former par. (4) redesignated (5)
Source evidence
Code amendment note
Subsec. (m)(4). Pub. L. 117–328, § 2112(c)(2), added par. (4). Former par. (4) redesignated (5).Enacted provision · exact public law section
(2) by inserting after paragraph (3) the following: “(4) a description of the Administration’s activities to support the continued provision of mental health and substance use disorder services, as applicable, in response to public health emergencies declared pursuant to section 319;” ; andPrepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(c)(1) · 136 Stat. 4459
Redesignated · 42 U.S.C. § 290aa(m)(5)
Pub. L. 117–328, § 2112(c)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6)
Source evidence
Code amendment note
Subsec. (m)(5). Pub. L. 117–328, § 2112(c)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).Enacted provision · exact public law section
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(c)(3) · 136 Stat. 4459
Added · 42 U.S.C. § 290aa(m)(5)(D)(F)
Pub. L. 117–328, § 2112(c)(3), added subpar. (D)
Redesignated · 42 U.S.C. § 290aa(m)(5)(D)(F)
Pub. L. 117–328, § 2112(c)(3), redesignated former subpars. (D) and (E) as (E) and (F), respectively
Source evidence
Code amendment note
Subsec. (m)(5)(D) to (F). Pub. L. 117–328, § 2112(c)(3), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.Enacted provision · exact public law section
(3) in paragraph (5), as so redesignated— (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: “(D) relevant preparedness and response activities;” .Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
Pub. L. 117–328 § 2112(c)(1) · 136 Stat. 4459
Redesignated · 42 U.S.C. § 290aa(m)(6)(8)
Pub. L. 117–328, § 2112(c)(1), redesignated pars. (5) to (7) as (6) to (8), respectively
Source evidence
Code amendment note
Subsec. (m)(6) to (8). Pub. L. 117–328, § 2112(c)(1), redesignated pars. (5) to (7) as (6) to (8), respectively.Enacted provision · exact public law section
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;
106 of 106 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 6021 of the Helping Families in Mental Health Crisis Reform Act of 2016, referred to in subsecs. (d)(26), (l)(2), and (m)(8), is section 6021 of Pub. L. 114–255, which is set out as a note below.
Codification
Section was formerly classified to section 3511 of this title prior to renumbering by Pub. L. 98–24.
Prior Provisions
A prior section 501 of act , which was classified to section 219 of this title, was successively renumbered by subsequent acts and transferred, see section 238 of this title.
Amendments1976–2022 · 14 rounds
2022
Subsec. (d)(24), (25). Pub. L. 117–328, § 2112(a), added par. (24) and redesignated former par. (24) as (25). Former par. (25) redesignated (26).
Subsec. (d)(26). Pub. L. 117–328, § 2112(a)(1), redesignated par. (25) as (26) relating to performance metrics.
Pub. L. 117–328, § 1231, added par. (26) relating to recovery housing and services.
Subsec. (i). Pub. L. 117–286, which directed amendment of subsec. (h) by substituting “Chapter 10 of title 5” for “The Federal Advisory Committee Act”, was executed by making the substitution in subsec. (i) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (i) by Pub. L. 114–255, § 6003(1). See 2016 Amendment note below.
Subsec. (l)(2). Pub. L. 117–328, § 1121(c)(2)(A), substituted “section 290aa–0b of this title” for “section 6031 of such Act”.
Subsec. (l)(4)(G). Pub. L. 117–328, § 2112(b), added subpar. (G).
Subsec. (m)(4). Pub. L. 117–328, § 2112(c)(2), added par. (4). Former par. (4) redesignated (5).
Subsec. (m)(5). Pub. L. 117–328, § 2112(c)(1), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (m)(5)(D) to (F). Pub. L. 117–328, § 2112(c)(3), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (m)(6) to (8). Pub. L. 117–328, § 2112(c)(1), redesignated pars. (5) to (7) as (6) to (8), respectively.
2016
Subsec. (b). Pub. L. 114–255, § 6002(1), substituted “Centers” for “Agencies” in heading and “Centers” for “entities” in introductory provisions.
Subsec. (c). Pub. L. 114–255, § 6001(a), amended subsec. (c) generally, substituting references to the Assistant Secretary and Deputy Assistant Secretary for references to the Administrator and Deputy Administrator.
Subsec. (d). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.
Subsec. (d)(1). Pub. L. 114–255, § 6002(2)(A), substituted “Centers” for “agencies” in two places and “such Center” for “such agency”.
Subsec. (d)(2). Pub. L. 114–255, § 6002(2)(B), substituted “Centers” for “agencies”, “with respect to substance use disorders” for “with respect to substance abuse”, and “and individuals with substance use disorders” for “and individuals who are substance abusers”.
Subsec. (d)(5). Pub. L. 114–255, § 6002(2)(C), substituted “substance use disorder” for “substance abuse”.
Subsec. (d)(6). Pub. L. 114–255, § 6002(2)(D), substituted “the Centers for Disease Control and Prevention,” for “the Centers for Disease Control”, “Administration, develop” for “Administration develop”, “HIV, hepatitis, tuberculosis, and other communicable diseases among individuals with mental or substance use disorders,” for “HIV or tuberculosis among substance abusers and individuals with mental illness”, and “diseases or disorders” for “illnesses”.
Subsec. (d)(7). Pub. L. 114–255, § 6002(2)(E), substituted “use disorders, including services that utilize drugs or devices approved or cleared by the Food and Drug Administration for the treatment of substance use disorders” for “abuse utilizing anti-addiction medications, including methadone”.
Subsec. (d)(8). Pub. L. 114–255, § 6002(2)(F), substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research” and “prevention and treatment” for “treatment and prevention”.
Subsec. (d)(9). Pub. L. 114–255, § 6002(2)(G), inserted “and maintenance” after “development” and substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy Research” and “prevention, treatment, and recovery support services and are appropriately incorporated into programs carried out by the Administration” for “treatment and prevention services”.
Subsec. (d)(10). Pub. L. 114–255, § 6002(2)(H), substituted “use disorder” for “abuse”.
Subsec. (d)(11). Pub. L. 114–255, § 6002(2)(I), added par. (11) and struck out former par. (11) which read as follows: “promote the integration of substance abuse and mental health services into the mainstream of the health care delivery system of the United States;”.
Subsec. (d)(13). Pub. L. 114–255, § 6002(2)(J)(i), substituted “this subchapter or part B of subchapter XVII, or grant programs otherwise funded by the Administration” for “this subchapter, assure that” in introductory provisions.
Subsec. (d)(13)(A) to (D). Pub. L. 114–255, § 6002(2)(J)(ii)–(vi), added subpar. (B), redesignated former subpar. (B) as (C), inserted “require that” before “all grants” in subpars. (A) and (C), and added subpar. (D).
Subsec. (d)(16). Pub. L. 114–255, § 6002(2)(K), substituted “use disorder information, including evidence-based and promising best practices for prevention, treatment, and recovery support services for individuals with mental and substance use disorders,” for “abuse and mental health information”.
Subsec. (d)(17), (19) to (25). Pub. L. 114–255, § 6002(2)(L)–(N), substituted “substance use disorder” for “substance abuse” in par. (17) and added pars. (19) to (25).
Subsec. (e)(1). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary may delegate” for “Administrator may delegate”.
Subsec. (e)(2). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through” in subpar. (A) and “Assistant Secretary” for “Administrator” in subpar. (B).
Subsec. (e)(3)(A). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary, acting through” for “Administrator, acting through”.
Subsec. (e)(3)(C). Pub. L. 114–255, § 6003(2), substituted “subsection (m)” for “subsection (k)”.
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (f)(1). Pub. L. 114–255, § 6001(c)(2), substituted “The Assistant Secretary,” for “The Administrator,” and “the Assistant Secretary” for “the Administrator”.
Subsec. (f)(2)(C). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.
Subsec. (f)(2)(C)(ii). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (f)(2)(C)(iii). Pub. L. 114–255, § 6003(3), substituted “subsection (m)” for “subsection (k)” in introductory provisions.
Subsec. (f)(2)(D)(iii). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (g). Pub. L. 114–255, § 6003(4), added subsec. (g). Former subsec. (g) redesignated (h).
Subsec. (g)(1). Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (h). Pub. L. 114–255, § 6003(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (i). Pub. L. 114–255, § 6003(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (j). Pub. L. 114–255, § 6003(1), redesignated subsec. (i) as (j). Former subsec. (j) redesignated (k).
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.
Subsec. (k). Pub. L. 114–255, § 6003(1), redesignated subsec. (j) as (k). Former subsec. (k) redesignated (m).
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.
Subsec. (l). Pub. L. 114–255, § 6005, added subsec. (l). Former subsec. (l) redesignated (n).
Pub. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator” in introductory provisions.
Subsec. (m). Pub. L. 114–255, § 6006(a), amended subsec. (m) generally, substituting requirements for biennial reports beginning no later than , for requirements for biennial reports beginning no later than .
Pub. L. 114–255, § 6003(1), redesignated subsec. (k) as (m). Former subsec. (m) redesignated (o).
Subsec. (m)(4). Pub. L. 114–255, § 6002(3), added par. (4).
Subsecs. (n) to (q). Pub. L. 114–255, § 6003(1), redesignated subsecs. (l) to (o) as (n) to (q), respectively.
2010
Subsec. (f)(1). Pub. L. 111–148, § 3509(d)(1), inserted “who shall report directly to the Administrator” before period at end.
Subsec. (f)(4), (5). Pub. L. 111–148, § 3509(d)(2), (3), added par. (4) and redesignated former par. (4) as (5).
2003
Subsec. (d)(18). Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
2000
Subsec. (e)(1). Pub. L. 106–310, § 3401(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “There shall be in the Administration an Associate Administrator for Alcohol Prevention and Treatment Policy to whom the Administrator shall delegate the functions of promoting, monitoring, and evaluating service programs for the prevention and treatment of alcoholism and alcohol abuse within the Center for Substance Abuse Prevention, the Center for Substance Abuse Treatment, and the Center for Mental Health Services, and coordinating such programs among the Centers, and among the Centers and other public and private entities. The Associate Administrator also shall ensure that alcohol prevention, education, and policy strategies are integrated into all programs of the Centers that address substance abuse prevention, education, and policy, and that the Center for Substance Abuse Prevention addresses the Healthy People 2000 goals and the National Dietary Guidelines of the Department of Health and Human Services and the Department of Agriculture related to alcohol consumption.”
Subsecs. (m) to (o). Pub. L. 106–310, § 3102, added subsecs. (m) and (n), redesignated former subsec. (m) as (o), and 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” before period at end.
1999
Subsec. (d)(8), (9). Pub. L. 106–129, which directed the substitution of “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”, was not executed because the term “Agency for Health Care Policy and Research” did not appear in text and because of the amendment by Pub. L. 114–255, § 6002(2)(G)(ii), which presumed that the substitution did not take place. See 2016 Amendment note above.
1996
Subsec. (g)(2)(A). Pub. L. 104–201 substituted “5724a(a), 5724a(c)” for “5724a(a)(1), 5724a(a)(3)”.
1992
Pub. L. 102–321 amended section generally, substituting provisions relating to the Substance Abuse and Mental Health Services Administration for provisions relating to the Alcohol, Drug Abuse, and Mental Health Administration.
1989
Subsec. (b)(4). Pub. L. 101–93, § 3(f)(1), substituted “for” for “of”.
Subsec. (j). Pub. L. 101–93, § 3(f)(2), substituted “section 290aa–5 of this title, establish program advisory committees, and pay members of such groups and committees” for “section 290aa–5 of this title and appoint and pay members of such groups” and “as members of such groups or committees” for “as members of such groups”.
1988
Subsec. (b)(4). Pub. L. 100–690, § 2058(a)(2)(A), added par. (4).
Subsec. (e)(2). Pub. L. 100–690, § 2058(a)(2)(B), substituted “Not less than once each three years, the Administrator” for “The Administrator” and “shall submit” for “shall annually submit”.
Subsec. (f). Pub. L. 100–690, § 2058(a)(2)(C), substituted “misconduct” for “fraud” in heading and two places in text.
Subsecs. (k) to (m). Pub. L. 100–690, § 2058(a)(2)(D), (E), added subsecs. (k) to (m) and struck out former subsec. (k), which related to Alcohol, Drug Abuse, and Mental Health Advisory Board, including its duties, membership, terms of office, compensation, personnel, chairman, meetings, and reports to Congress.
1986
Pub. L. 99–570 amended section generally, revising and restating former subsecs. (a), (b), (c), (d), (e), (f), (g), and (h) as (c), (d), (k), (h), (e), (f), (g), and (i), respectively, and adding new subsecs. (a), (b), and (j).
1984
Pub. L. 98–509, § 301(c)(1), amended directory language of Pub. L. 98–24, § 2(b)(2). See 1983 Amendment note below.
Subsec. (c). Pub. L. 98–509, § 201(a), substituted provisions relating to the Alcohol, Drug Abuse, and Mental Health Advisory Board for provisions relating to the National Panel on Alcohol, Drug Abuse, and Mental Health.
Subsecs. (g), (h). Pub. L. 98–509, § 201(b), added subsecs. (g) and (h).
1983
Pub. L. 98–24, § 2(b)(2), as amended by Pub. L. 98–509, § 301(c)(1), renumbered section 3511 of this title as this section.
Subsec. (a). Pub. L. 98–24, § 2(b)(2)(A), struck out “of Health, Education, and Welfare” after “The Secretary” and “Department”.
Subsec. (c). Pub. L. 98–24, § 2(b)(2)(A), (B), struck out “of Health, Education, and Welfare” after “The Secretary”, and made a technical amendment to reference to section 218 of this title to reflect the transfer of this section to the Public Health Service Act.
Subsec. (d). Pub. L. 98–24, § 2(b)(2)(C), substituted provisions directing the Administrator to distribute information on the hazards of alcoholism and the abuse of alcohol and drugs for provisions directing the Secretary, through the Administration, to evaluate and make recommendations regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.
Subsecs. (e), (f). Pub. L. 98–24, § 2(b)(2)(D), added subsecs. (e) and (f).
1976
Subsec. (d). Pub. L. 94–371 added subsec. (d).
Statutory Notes and Related Subsidiaries
Change of Name; References
Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, .
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, .
Pub. L. 114–255, div. B, title VI, § 6001(d), , 130 Stat. 1203, provided that: “After executing subsections (a), (b), and (c) [see Tables for classification], any reference in statute, regulation, or guidance to the Administrator of the Substance Abuse and Mental Health Services Administration shall be construed to be a reference to the Assistant Secretary for Mental Health and Substance Use.”
Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, , 106 Stat. 3504.
Pub. L. 102–321, title I, § 161, , 106 Stat. 375, provided that: “Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Alcohol, Drug Abuse and Mental Health Administration or to the Administrator of the Alcohol, Drug Abuse and Mental Health Administration shall be deemed to refer to the Substance Abuse and Mental Health Services Administration or to the Administrator of the Substance Abuse and Mental Health Services Administration.”
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–201 effective 180 days after , see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of Title 5, Government Organization and Employees.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–321 effective , 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.
Transfer of Authorities
Pub. L. 114–255, div. B, title VI, § 6001(b), , 130 Stat. 1203, provided that:
“The Secretary of Health and Human Services shall delegate to the Assistant Secretary for Mental Health and Substance Use all duties and authorities that—
“(1) as of the day before the date of enactment of this Act [], were vested in the Administrator of the Substance Abuse and Mental Health Services Administration; and
“(2) are not terminated by this Act [division B of Pub. L. 114–255, see Tables for classification].”
Transfer Provisions
Pub. L. 102–321, title I, subtitle D, , 106 Stat. 370, as amended by Pub. L. 102–352, § 2(b)(1), , 106 Stat. 939, provided that:
“SEC. 141. TRANSFERS.
“(a) Substance Abuse and Mental Health Services Administration.—
Except as specifically provided otherwise in this Act [see Tables for classification] or an amendment made by this Act, there are transferred to the Administrator of the Substance Abuse and Mental Health Services Administration all service related functions which the Administrator of the Alcohol, Drug Abuse and Mental Health Administration, or the Director of any entity within the Alcohol, Drug Abuse and Mental Health Administration, exercised before the date of the enactment of this Act [] and all related functions of any officer or employee of the Alcohol, Drug Abuse and Mental Health Administration.
“(b) National Institutes.—
Except as specifically provided otherwise in this Act or an amendment made by this Act, there are transferred to the appropriate Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health, through the Director of the National Institutes of Health, all research related functions which the Administrator of the Alcohol, Drug Abuse and Mental Health Administration exercised before the date of the enactment of this Act and all related functions of any officer or employee of the Alcohol, Drug Abuse, and Mental Health Administration.
“(c) Adequate Personnel and Resources.—
The transfers required under this subtitle shall be effectuated in a manner that ensures that the Substance Abuse and Mental Health Services Administration has adequate personnel and resources to carry out its statutory responsibilities and that the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health have adequate personnel and resources to enable such institutes to carry out their respective statutory responsibilities.
“SEC. 142. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.
“(a) Substance Abuse and Mental Health Services Administration.—
Except as otherwise provided in the Public Health Service Act [42 U.S.C. 201 et seq.], all personnel employed in connection with, and all assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred to the Administrator of the Substance Abuse and Mental Health Services Administration by this subtitle, subject to section 1531 of title 31, United States Code, shall be transferred to the Substance Abuse and Mental Health Services Administration. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
“(b) National Institutes.—
Except as otherwise provided in the Public Health Service Act, all personnel employed in connection with, and all assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred to the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health by this subtitle, subject to section 1531 of title 31, United States Code, shall be transferred to the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated.
“(c) Custody of Balances.—
The actual transfer of custody of obligation balances is not required in order to implement this section.
“SEC. 143. INCIDENTAL TRANSFERS.
“Prior to , the Secretary of Health and Human Services is authorized to make such determinations as may be necessary with regard to the functions transferred by this subtitle, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle and the Public Health Service Act [42 U.S.C. 201 et seq.]. Such Secretary shall provide for the termination of the affairs of all entities terminated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle.
“SEC. 144. EFFECT ON PERSONNEL.
“(a) In General.—
Except as otherwise provided by this subtitle and the Public Health Service Act [42 U.S.C. 201 et seq.], the transfer pursuant to this subtitle of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this subtitle.
“(b) Executive Schedule Positions.—
Any person who, on the day preceding the effective date of this Act [see Effective Date of 1992 Amendment note set out under section 236 of this title], held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Substance Abuse and Mental Health Services Administration to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.
“SEC. 145. SAVINGS PROVISIONS.
“(a) Effect on Previous Determinations.—
All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges that—
“(1) have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred by this subtitle; and
“(2) are in effect on the date of enactment of this Act [];
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the National Institutes of Health, or the Administrator of the Substance Abuse and Mental Health Services Administration, as appropriate, a court of competent jurisdiction, or by operation of law.
“(b) Continuation of Proceedings.—
“(1) In general.—
The provisions of this subtitle shall not affect any proceedings, including notices of proposed rule making, or any application for any license, permit, certificate, or financial assistance pending on the date of enactment of this Act before the Department of Health and Human Services, which relates to the Alcohol, Drug Abuse and Mental Health Administration or the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, or the National Institute of Mental Health, or any office thereof with respect to functions transferred by this subtitle. Such proceedings or applications, to the extent that they relate to functions transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made under such orders, as if this Act [see Tables for classification] had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health by a court of competent jurisdiction, or by operation of law. Nothing in this subsection prohibits the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subtitle had not been enacted.
“(2) Regulations.—
The Secretary of Health and Human Services is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1).
“(c) Effect on Legal Actions.—
Except as provided in subsection (e)—
“(1) the provisions of this subtitle do not affect actions commenced prior to the date of enactment of this Act []; and
“(2) in all such actions, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted.
“(d) No Abatement of Actions or Proceedings.—
No action or other proceeding commenced by or against any officer in his official capacity as an officer of the Department of Health and Human Services with respect to functions transferred by this subtitle shall abate by reason of the enactment of this Act [see Tables for classification]. No cause of action by or against the Department of Health and Human Services with respect to functions transferred by this subtitle, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act. Causes of action and actions with respect to a function transferred by this subtitle, or other proceedings may be asserted by or against the United States or the Administrator of the Alcohol, Drug Abuse and Mental Health Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health, as may be appropriate, and, in an action pending when this Act takes effect [see Effective Date of 1992 Amendment note set out under section 236 of this title], the court may at any time, on its own motion or that of any party, enter an order which will give effect to the provisions of this subsection.
“(e) Substitution.—
If, before the date of enactment of this Act [], the Department of Health and Human Services, or any officer thereof in the official capacity of such officer, is a party to an action, and under this subtitle any function of such Department, Office, or officer is transferred to the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health, then such action shall be continued with the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health, as the case may be, substituted or added as a party.
“(f) Judicial Review.—
Orders and actions of the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health in the exercise of functions transferred to the Directors by this subtitle shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Administrator of the Alcohol, Drug Abuse and Mental Health Administration or the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health, or any office or officer thereof, in the exercise of such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by this subtitle shall apply to the exercise of such function by the Administrator of the Substance Abuse and Mental Health Services Administration or the Directors.
“SEC. 146. TRANSITION.
“With the consent of the Secretary of Health and Human Services, the Administrator of the Substance Abuse and Mental Health Services Administration and the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health are authorized to utilize—
“(1) the services of such officers, employees, and other personnel of the Department with respect to functions transferred to the Administrator of the Substance Abuse and Mental Health Services Administration and the Director of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health by this subtitle; and
“(2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this subtitle.
“SEC. 147. PEER REVIEW.
“With respect to fiscal years 1993 through 1996, the peer review systems, advisory councils and scientific advisory committees utilized, or approved for utilization, by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse and the National Institute of Mental Health prior to the transfer of such Institutes to the National Institute of Health shall be utilized by such Institutes.
“SEC. 148. MERGERS.
“Notwithstanding the provisions of section 401(c)(2) of the Public Health Service Act (42 U.S.C. 281(c)(2)), the Secretary of Health and Human Services may not merge the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse or the National Institute of Mental Health with any other institute or entity (or with each other) within the national research institutes for a 5-year period beginning on the date of enactment of this Act [].
“SEC. 149. CONDUCT OF MULTI-YEAR RESEARCH PROJECTS.
“With respect to multi-year grants awarded prior to fiscal year 1993 by the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health with amounts received under section 1911(b) [former 42 U.S.C. 300x(b)], as such section existed one day prior to the date of enactment of this Act [], such grants shall be continued for the entire period of the grant through the utilization of funds made available pursuant to sections 464H, 464L, and 464R [42 U.S.C. 285n, 285o, 285p], as appropriate, subject to satisfactory performance.
“SEC. 150. SEPARABILITY.
“If a provision of this subtitle or its application to any person or circumstance is held invalid, neither the remainder of this Act [see Tables for classification] nor the application of the provision to other persons or circumstances shall be affected.
“SEC. 151. BUDGETARY AUTHORITY.
“With respect to fiscal years 1994 and 1995, the Directors of the National Institute on Alcohol Abuse and Alcoholism, the National Institute on Drug Abuse, and the National Institute of Mental Health shall notwithstanding section 405(a) [42 U.S.C. 284(a)], prepare and submit, directly to the President for review and transmittal to Congress, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institute) for their respective Institutes, after reasonable opportunity for comment (but without change) by the Secretary of Health and Human Services, the Director of the National Institutes of Health, and the Institute’s advisory council.”
Website Improvements
Pub. L. 119–44, title III, § 307(c), , 139 Stat. 689, provided that: “The Secretary shall implement improvements to Grants.gov related to SAMHSA funding opportunities based on stakeholder feedback received at the public meeting under subsection (a) [not classified to the Code], as appropriate, to the maximum extent feasible.”
Funding for Community-Based Funding for Local Behavioral Health Needs
Pub. L. 117–2, title II, § 2707, , 135 Stat. 47, provided that:
“(a) In General.—
In addition to amounts otherwise available, there is appropriated to the Secretary [of Health and Human Services] for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available until expended, to carry out the purpose described in subsection (b).
“(b) Use of Funds.—
“(1) In general.—
The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall award grants to State, local, Tribal, and territorial governments, Tribal organizations, nonprofit community-based entities, and primary care and behavioral health organizations to address increased community behavioral health needs worsened by the COVID–19 public health emergency.
“(2) Use of grant funds.—
Grant funds awarded under this section to eligible entities shall be used for promoting care coordination among local entities; training the mental and behavioral health workforce, relevant stakeholders, and community members; expanding evidence-based integrated models of care; addressing surge capacity for mental and behavioral health needs; providing mental and behavioral health services to individuals with mental health needs (including co-occurring substance use disorders) as delivered by behavioral and mental health professionals utilizing telehealth services; and supporting, enhancing, or expanding mental and behavioral health preventive and crisis intervention services.”
Interdepartmental Substance Use Disorders Coordinating Committee
Pub. L. 115–271, title VII, § 7022, , 132 Stat. 4010, as amended by Pub. L. 119–44, title I, § 110(b), , 139 Stat. 677, provided that:
“(a) Establishment.—
Not later than 3 months after the date of the enactment of this Act [], the Secretary of Health and Human Services (in this section referred to as the ‘Secretary’) shall, in coordination with the Director of National Drug Control Policy, establish a committee, to be known as the Interdepartmental Substance Use Disorders Coordinating Committee (in this section referred to as the ‘Committee’), to coordinate Federal activities related to substance use disorders.
“(b) Membership.—
“(1) Federal members.—
The Committee shall be composed of the following Federal representatives, or the designees of such representatives:
“(A) The Secretary, who shall serve as the Chair of the Committee.
“(B) The Attorney General of the United States.
“(C) The Secretary of Labor.
“(D) The Secretary of Housing and Urban Development.
“(E) The Secretary of Education.
“(F) The Secretary of Veterans Affairs.
“(G) The Commissioner of Social Security.
“(H) The Assistant Secretary for Mental Health and Substance Use.
“(I) The Director of National Drug Control Policy.
“(J) Representatives of other Federal agencies that support or conduct activities or programs related to substance use disorders, as determined appropriate by the Secretary.
“(2) Non-federal members.—
The Committee shall include a minimum of 15 non-Federal members appointed by the Secretary, of which—
“(A) at least two such members shall be an individual who has received treatment for a diagnosis of a substance use disorder;
“(B) at least two such members shall be a director of a State substance abuse agency;
“(C) at least two such members shall be a representative of a leading research, advocacy, or service organization for adults with substance use disorder;
“(D) at least two such members shall—
“(i) be a physician, licensed mental health professional, advance practice registered nurse, or physician assistant; and
“(ii) have experience in treating individuals with substance use disorders;
“(E) at least one such member shall be a substance use disorder treatment professional who provides treatment services at a certified opioid treatment program;
“(F) at least one such member shall be a substance use disorder treatment professional who has research or clinical experience in working with racial and ethnic minority populations;
“(G) at least one such member shall be a substance use disorder treatment professional who has research or clinical mental health experience in working with medically underserved populations;
“(H) at least one such member shall be a State-certified substance use disorder peer support specialist;
“(I) at least one such member shall be a drug court judge or a judge with experience in adjudicating cases related to substance use disorder;
“(J) at least one such member shall be a public safety officer with extensive experience in interacting with adults with a substance use disorder; and
“(K) at least one such member shall be an individual with experience providing services for homeless individuals with a substance use disorder.
“(c) Terms.—
“(1) In general.—
A member of the Committee appointed under subsection (b)(2) shall be appointed for a term of 3 years and may be reappointed for one or more 3-year terms.
“(2) Vacancies.—
A vacancy on the Committee shall be filled in the same manner in which the original appointment was made. Any individual appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term and may serve after the expiration of such term until a successor has been appointed.
“(d) Meetings.—
The Committee shall meet not fewer than two times each year.
“(e) Duties.—
The Committee shall—
“(1) identify areas for improved coordination of activities, if any, related to substance use disorders, including research, services, supports, and prevention activities across all relevant Federal agencies;
“(2) identify and provide to the Secretary recommendations for improving Federal programs for the prevention and treatment of, and recovery from, substance use disorders, including by expanding access to prevention, treatment, and recovery services;
“(3) analyze substance use disorder prevention and treatment strategies in different regions of and populations in the United States and evaluate the extent to which Federal substance use disorder prevention and treatment strategies are aligned with State and local substance use disorder prevention and treatment strategies;
“(4) make recommendations to the Secretary regarding any appropriate changes with respect to the activities and strategies described in paragraphs (1) through (3);
“(5) make recommendations to the Secretary regarding public participation in decisions relating to substance use disorders and the process by which public feedback can be better integrated into such decisions; and
“(6) make recommendations to ensure that substance use disorder research, services, supports, and prevention activities of the Department of Health and Human Services and other Federal agencies are not unnecessarily duplicative.
“(f) Annual Report.—
Not later than 1 year after the date of the enactment of this Act [], and annually thereafter for the life of the Committee, the Committee shall publish on the Internet website of the Department of Health and Human Services, which may include the public information dashboard established under section 1711 of the Public Health Service Act [42 U.S.C. 300u–16], as added by section 7021, a report summarizing the activities carried out by the Committee pursuant to subsection (e), including any findings resulting from such activities.
“(g) Working Groups.—
“(1) In general.—
The Committee may establish working groups for purposes of carrying out the duties described in subsection (e). Any such working group shall be composed of members of the Committee (or the designees of such members) and may hold such meetings as are necessary to carry out the duties delegated to the working group.
“(2) Additional federal interagency work group on fentanyl contamination of illegal drugs.—
“(A) Establishment.—
The Secretary, acting through the Committee, shall establish a Federal Interagency Work Group on Fentanyl Contamination of Illegal Drugs (referred to in this paragraph as the ‘Work Group’) consisting of representatives from relevant Federal departments and agencies on the Committee.
“(B) Consultation.—
The Work Group shall consult with relevant stakeholders and subject matter experts, including—
“(i) State, Tribal, and local subject matter experts in reducing, preventing, and responding to drug overdose caused by fentanyl contamination of illicit drugs; and
“(ii) family members of both adults and youth who have overdosed by fentanyl contaminated illicit drugs.
“(C) Duties.—
The Work Group shall—
“(i) examine Federal efforts to reduce and prevent drug overdose by fentanyl-contaminated illicit drugs;
“(ii) identify strategies to improve State, Tribal, and local responses to overdose by fentanyl-contaminated illicit drugs;
“(iii) coordinate with the Secretary, as appropriate, in carrying out activities to raise public awareness of synthetic opioids and other emerging drug use and misuse issues;
“(iv) make recommendations to Congress for improving Federal programs, including with respect to the coordination of efforts across such programs; and
“(v) make recommendations for educating youth on the potency and dangers of drugs contaminated by fentanyl.
“(D) Annual report to secretary.—
The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce and the Committee on Education and Workforce of the House of Representatives, a report on the activities carried out by the Work Group under subparagraph (C), including recommendations to reduce and prevent drug overdose by fentanyl contamination of illegal drugs, in all populations, and specifically among youth at risk for substance misuse.
“(h) Federal Advisory Committee Act.—
The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall apply to the Committee only to the extent that the provisions of such Act do not conflict with the requirements of this section.
“(i) Sunset.—
The Committee shall terminate on .”
Improving Oversight of Mental and Substance Use Disorders Programs Through the Assistant Secretary for Planning and Evaluation
Pub. L. 114–255, div. B, title VI, § 6021, , 130 Stat. 1215, provided that:
“(a) In General.—
The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, shall ensure efficient and effective planning and evaluation of mental and substance use disorders prevention and treatment programs and related activities.
“(b) Evaluation Strategy.—
In carrying out subsection (a), the Assistant Secretary for Planning and Evaluation shall, not later than 180 days after the date of enactment of this Act [], develop a strategy for conducting ongoing evaluations that identifies priority programs to be evaluated by the Assistant Secretary for Planning and Evaluation and priority programs to be evaluated by other relevant offices and agencies within the Department of Health and Human Services. The strategy shall—
“(1) include a plan for evaluating programs related to mental and substance use disorders, including co-occurring disorders, across agencies, as appropriate, including programs related to—
“(A) prevention, intervention, treatment, and recovery support services, including such services for adults with a serious mental illness or children with a serious emotional disturbance;
“(B) the reduction of homelessness and incarceration among individuals with a mental or substance use disorder; and
“(C) public health and health services; and
“(2) include a plan for assessing the use of performance metrics to evaluate activities carried out by entities receiving grants, contracts, or cooperative agreements related to mental and substance use disorders prevention and treatment services under title V or title XIX of the Public Health Service Act (42 U.S.C. 290aa et seq.; 42 U.S.C. 300w et seq.).
“(c) Consultation.—
In carrying out this section, the Assistant Secretary for Planning and Evaluation shall consult, as appropriate, with the Assistant Secretary for Mental Health and Substance Use, the Chief Medical Officer of the Substance Abuse and Mental Health Services Administration appointed under section 501(g) of the Public Health Service Act (42 U.S.C. 290aa(g)), as amended by section 6003, the Behavioral Health Coordinating Council of the Department of Health and Human Services, other agencies within the Department of Health and Human Services, and other relevant Federal departments and agencies.
“(d) Recommendations.—
In carrying out this section, the Assistant Secretary for Planning and Evaluation shall provide recommendations to the Secretary of Health and Human Services, the Assistant Secretary for Mental Health and Substance Use, and the Congress on improving the quality of prevention and treatment programs and activities related to mental and substance use disorders, including recommendations for the use of performance metrics. The Assistant Secretary for Mental Health and Substance Use shall include such recommendations in the biennial report required by subsection 501(m) of the Public Health Service Act [42 U.S.C. 290aa(m)], as redesignated by section 6003 of this Act.”
Assisted Outpatient Treatment Grant Program for Individuals With Serious Mental Illness
Pub. L. 113–93, title II, § 224, , 128 Stat. 1083, as amended by Pub. L. 114–255, div. B, title IX, § 9014, , 130 Stat. 1245, which related to assisted outpatient treatment grant program for individuals with serious mental illness, was editorially reclassified as section 290aa–17 of this title.
Report by Substance Abuse and Mental Health Services Administration
Pub. L. 102–321, title VII, § 708, , 106 Stat. 440, directed Administrator of Substance Abuse and Mental Health Services Administration to submit to Congress an interim report, not later than 6 months after , and a final report, not later than , concerning current policies and barriers to provision of substance abuse and mental health services, with emphasis on barriers to health insurance and Medicaid coverage of such services, and further directed Secretary of Health and Human Services to initiate, not later than , research and demonstration projects which, consistent with information from reports submitted by the Administrator, explore alternative mechanisms of providing health insurance and treatment services for substance abuse and mental illness.
Relationship Between Mental Illness and Substance Abuse
Pub. L. 100–690, title II, § 2071, , 102 Stat. 4214, directed Secretary of Health and Human Services to conduct a study for the purpose of determining the relationship between mental illness and substance abuse, and developing recommendations on the most effective methods of treatment for individuals with both mental illness and substance abuse problems, and, not later than 12 months after , to complete the study and submit to Congress the findings made as a result of the study.
Report With Respect to Administration of Certain Research Programs
Pub. L. 100–690, title II, § 2073, , 102 Stat. 4215, directed Secretary of Health and Human Services to request National Academy of Sciences to conduct a review of research activities of National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration and, not later than 12 months after the date on which any contract requested is entered into, provide for the completion of the review and submit to Congress a report describing the findings made as a result of the review, with Secretary of Health and Human Services authorized to enter into a contract with National Academy of Sciences to carry out the review.
Congressional Statement of Policy for Alcohol and Drug Abuse Amendments of 1983
Pub. L. 98–24, § 1(b), , 97 Stat. 175, provided that:
“It is the policy of the United States and the purpose of this Act [see Short Title of 1983 Amendment note set out under section 201 of this title] to provide leadership in the national effort to reduce the incidence of alcoholism and alcohol-related problems and drug abuse through—
“(1) a continued Federal commitment to research into the behavioral and biomedical etiology, the treatment, and the mental and physical health and social and economic consequences of alcohol abuse and alcoholism and drug abuse;
“(2) a commitment to—
“(A) extensive dissemination to States, units of local government, community organizations, and private groups of the most recent information and research findings with respect to alcohol abuse and alcoholism and drug abuse, including information with respect to the application of research findings; and
“(B) the accomplishment of such dissemination through up-to-date publications, demonstrations, educational programs, and other appropriate means;
“(3) the provision of technical assistance to research personnel; services personnel, and prevention personnel in the field of alcohol abuse and alcoholism and drug abuse;
“(4) the development and encouragement of prevention programs designed to combat the spread of alcoholism, alcohol abuse, drug abuse, and the abuse of other legal and illegal substances;
“(5) the development and encouragement of effective occupational prevention and treatment programs within Government and in cooperation with the private sector; and
“(6) the provision of a Federal response to alcohol abuse and alcoholism and drug abuse which encourages the greatest participation by the private sector, both financially and otherwise, and concentrates on carrying out functions relating to alcohol abuse and alcoholism and drug abuse which are truly national in scope.”
Alcohol and Drug Abuse and Mental Health Reports by the Secretary
Pub. L. 98–24, § 3, , 97 Stat. 182, directed Secretary of Health and Human Services to submit to Congress, on or before , a report describing the extent to which Federal and State programs, departments, and agencies are concerned and are dealing effectively with problems of alcohol abuse and alcoholism, problems of drug abuse, and mental illness.
Transfer of Balances in Working Capital Fund, Narcotic Hospitals, to Surplus Fund
Act July 8, 1947, ch. 210, title II, § 201, 61 Stat. 269, provided: “That as of , and the end of each fiscal year thereafter any balances in the ‘Working capital fund, narcotic hospitals,’ in excess of $150,000 shall be transferred to the surplus fund of the Treasury.”
[Section 201 of act , set out above, was formerly classified to section 258a of this title.]
Executive Documents
Ex. Ord. No. 13954. Saving Lives Through Increased Support for Mental- and Behavioral-Health Needs
Ex. Ord. No. 13954, , 85 F.R. 63977, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. My Administration is committed to preventing the tragedy of suicide, ending the opioid crisis, and improving mental and behavioral health. Before the COVID–19 pandemic, these urgent issues were prioritized through significant initiatives, including the President’s Roadmap to Empower Veterans and End a National Tragedy of Suicide (PREVENTS), expanded access to medication-assisted treatment and life-saving naloxone, and budget requests for significant investments in the funding of evidence-based treatment for mental- and behavioral-health needs.
During the COVID–19 pandemic, the Federal Government has dedicated billions of dollars and thousands of hours in resources to help Americans, including approximately $425 million in emergency funds to address mental and substance use disorders through the Substance Abuse and Mental Health Services Administration. The pandemic has also exacerbated mental- and behavioral-health conditions as a result of stress from prolonged lockdown orders, lost employment, and social isolation. Survey data from the Centers for Disease Control and Prevention show that during the last week of June, 40.9 percent of Americans struggled with mental-health or substance-abuse issues and 10.7 percent reported seriously considering suicide. We must enhance the ability of the Federal Government, as well as its State, local, and Tribal partners, to appropriately address these ongoing mental- and behavioral-health concerns.
Sec. 2. Policy. It is the policy of the United States to prevent suicides, drug-related deaths, and poor behavioral-health outcomes, particularly those that are induced or made worse by prolonged State and local COVID–19 shutdown orders. I am therefore issuing a national call to action to:
(a) Engage the resources of the Federal Government to address the mental- and behavioral-health needs of vulnerable Americans, including by:
(i) providing crisis-intervention services to treat those in immediate life-threatening situations; and
(ii) increasing the availability of and access to quality continuing care following initial crisis resolution to improve behavioral-health outcomes;
(b) Permit and encourage safe in-person mentorship programs; support-group participation; and attendance at communal facilities, including schools, civic centers, and houses of worship;
(c) Increase the availability of telehealth and online mental-health and substance-use tools and services; and
(d) Marshal public and private resources to address deteriorating mental health, such as factors that contribute to prolonged unemployment and social isolation.
Sec. 3. Establishment of a Coronavirus Mental Health Working Group. The Coronavirus Mental Health Working Group (Working Group) is hereby established to facilitate an “all-of-government” response to the mental-health conditions induced or exacerbated by the pandemic, including issues related to suicide prevention. The Working Group will be co-chaired by the Secretary of Health and Human Services, or his designee, and the Assistant to the President for Domestic Policy, or her designee. The Working Group shall be composed of representatives from the Department of Defense, the Department of Justice, the Department of Agriculture, the Department of Labor, the Department of Housing and Urban Development, the Department of Education, the Department of Veterans Affairs, the Small Business Administration, the Office of National Drug Control Policy, the Office of Management and Budget (OMB), and such representatives of other executive departments, agencies, and offices as the Co-Chairs may, from time to time, designate with the concurrence of the head of the department, agency, or office concerned. All members of the Working Group shall be full-time, or permanent part-time, officers or employees of the Federal Government.
Sec. 4. Responsibilities of the Coronavirus Mental Health Working Group. (a) As part of the Working Group’s efforts, it shall consider the mental- and behavioral-health conditions of those vulnerable populations affected by the pandemic, including: minorities, seniors, veterans, small business owners, children, and individuals potentially affected by domestic violence or physical abuse; those living with disabilities; and those with a substance use disorder. The Working Group shall examine existing protocols and evidence-based programs that may serve as models to better support these at-risk groups, including implementation and broader application of the PREVENTS, and the Department of Labor’s Employer Assistance and Resource Network on Disability Inclusion’s Mental Health Toolkit and Centralized Accommodation Programs.
(b) Within 45 days of the date of this order [], the Working Group shall develop and submit to the President a report that outlines a plan for improved service coordination between all relevant public and private stakeholders and executive departments and agencies (agencies) to assist individuals in crisis so that they receive effective treatment and recovery services.
Sec. 5. Grant Funding for States and Organizations that Permit In-Person Treatment and Recovery Support Activities for Mental and Behavioral Health. The heads of agencies, in consultation with the Director of OMB, shall:
(a) Examine their existing grant programs that fund mental-health, medical, or related services and, consistent with applicable law, take steps to encourage grantees to consider adopting policies, where appropriate, that have been shown to improve mental health and reduce suicide risk, including the following:
(i) Safe in-person and telehealth participation in support groups for people in recovery from substance use disorders, mental-health issues, or other ailments that benefit from communal support; and peer-to-peer services that support underserved communities;
(ii) Safe face-to-face therapeutic services, including group therapy, to remediate poor behavioral health; and
(iii) Safe participation in communal support—both faith-based and secular—including educational programs, civic activities, and in-person religious services.
(b) Maximize use of existing agency authorities to award contracts or grants to community organizations or other local entities to enhance mental-health and suicide-prevention services, such as outreach, education, and case management, to vulnerable Americans.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 14379. Addressing Addiction Through the Great American Recovery Initiative
Ex. Ord. No. 14379, , 91 F.R. 5081, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose and Policy. The disease of addiction, also known as substance use disorder, is a crisis that touches families in every community and neighborhood in our Nation. 48.4 million Americans, or 16.8 percent of our Nation’s population, suffer from addiction, and my Administration will continue to respond to a crisis of this scale with the attention it deserves. Over the past year, we have made incredible progress in stopping the inflow of illegal drugs that threaten American communities. We must now supplement that work by furthering a national effort to prioritize addiction treatment and recovery.
Addiction is a chronic, treatable disease with relapse rates similar to other chronic diseases. Unfortunately, very few Americans who need treatment ever receive it or believe they need it. Among the 40.7 million adults who had a substance use disorder in 2024 and did not receive substance use treatment, 95.6 percent (or 38.1 million people) did not perceive that they needed treatment. Despite significant investment of resources, addiction recovery efforts remain fragmented and do not keep pace with scientific advancements.
The costs of these failures are devastating, not only in lives lost, but also in the ripple effects across our economy, workforce, and national strength. Addiction contributes to declining workforce participation, increased healthcare costs, homelessness, family instability, and lost productivity that together cost the United States hundreds of billions of dollars each year.
The framework for addiction treatment should parallel that of other chronic diseases—utilizing evidence-based care, scientific advancement, continuous support, and community connection. My Administration will drive a new national response to the disease of addiction that will create stronger coordination across government, the healthcare sector, faith communities, and the private sector in order to save lives, restore families, strengthen our communities, and build the Great American Recovery.
Sec. 2. Launching the Great American Recovery Initiative. (a) There is hereby established the White House Great American Recovery Initiative (Initiative) co-chaired by the Secretary of Health and Human Services and the Senior Advisor for Addiction Recovery. There shall be an Executive Director who shall administer and execute the day to day operations of the Initiative, and who shall report to the Assistant to the President for Domestic Policy.
(b) In addition to the Co-Chairs and the Executive Director, the Initiative shall consist of the following officials, or their designees:
(i) the Attorney General;
(ii) the Secretary of the Interior;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Housing and Urban Development;
(vi) the Secretary of Veterans Affairs;
(vii) the Assistant to the President and Chief of Staff;
(viii) the Assistant to the President and Special Envoy for Peace Missions;
(ix) the Assistant to the President and Cabinet Secretary;
(x) the Director of National Drug Control Policy;
(xi) the Administrator of the Centers for Medicare and Medicaid Services;
(xii) the Commissioner of Food and Drugs;
(xiii) the Director of the National Institutes of Health;
(xiv) the Assistant Secretary for Mental Health and Substance Use, Department of Health and Human Services; and
(xv) the heads of such other executive departments, agencies, and offices that the Co-Chairs and the Executive Director may from time to time designate or invite to participate.
(c) The Co-Chairs may hold public hearings, meetings, roundtables, and similar events, as appropriate, and may receive expert input from leaders in public health, addiction and recovery treatment, and other relevant subject matter areas.
Sec. 3. Addressing the Disease of Addiction. The Co-Chairs and the Executive Director, along with the other members of the Initiative, shall:
(i) recommend all necessary steps to coordinate the Federal Government’s response to the addiction crisis, including by better aligning relevant Federal programs, setting clear objectives, and providing data-driven updates to the public on progress towards meeting these objectives;
(ii) take appropriate actions to increase awareness of the disease of addiction, help Americans receive the treatment they need, and foster a culture that celebrates recovery;
(iii) advise heads of executive departments and agencies (agency heads) on how to implement programs that integrate prevention, early intervention, treatment, recovery support, and re-entry into all relevant public health, healthcare, criminal justice, workforce, education, housing and social services systems, and remove outdated silos between agencies, programs, or systems, in each case as deemed appropriate by the agency head and consistent with applicable law;
(iv) advise agency heads on directing appropriate grants to support addiction recovery, with a focus on prevention, treatment, and long-term resilience; and
(v) consult with States, tribal nations, local jurisdictions, community-based organizations, faith-based organizations, the private sector, and philanthropic entities on the best strategies to ensure more Americans receive the treatment they need and celebrate individuals going through the recovery process.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Health and Human Services.
Donald J. Trump.
Credits
1944–2022 · 15 acts
- 1944July 1, 1944, ch. 373, title V, § 501, formerly Pub. L. 93–282, title II, § 201, , 88 Stat. 134, as amended Pub. L. 94–371, § 8, , 90 Stat. 1040
- 1944renumbered § 501 of act , and amended Pub. L. 98–24, § 2(b)(2), , 97 Stat. 176
- 1984Pub. L. 98–509, title II, § 201, title III, § 301(c)(1), , 98 Stat. 2359, 2364
- 1986Pub. L. 99–570, title IV, § 4003, , 100 Stat. 3207–106
- 1988Pub. L. 100–690, title II, § 2058(a)(2), , 102 Stat. 4213
- 1989Pub. L. 101–93, § 3(f), , 103 Stat. 611
- 1992Pub. L. 102–321, title I, § 101(a), , 106 Stat. 324
- 1996Pub. L. 104–201, div. A, title XVII, § 1723(a)(3)(A), , 110 Stat. 2759
- 1999Pub. L. 106–129, § 2(b)(2), , 113 Stat. 1670
- 2000Pub. L. 106–310, div. B, title XXXI, § 3102, title XXXIV, § 3401(a), , 114 Stat. 1170, 1218
- 2003Pub. L. 108–173, title IX, § 900(e)(2)(A), , 117 Stat. 2372
- 2010Pub. L. 111–148, title III, § 3509(d), , 124 Stat. 534
- 2016Pub. L. 114–255, div. B, title VI, §§ 6001(a), (c)(2), 6002, 6003, 6005, 6006(a), , 130 Stat. 1202–1206, 1209, 1210
- 2022Pub. L. 117–286, § 4(a)(236), , 136 Stat. 4331
- 2022Pub. L. 117–328, div. FF, title I, §§ 1121(c)(2)(A), 1231, title II, § 2112(a)–(c), , 136 Stat. 5650, 5673, 5721.
Show as published
(July 1, 1944, ch. 373, title V, § 501, formerly Pub. L. 93–282, title II, § 201, , 88 Stat. 134, as amended Pub. L. 94–371, § 8, , 90 Stat. 1040; renumbered § 501 of act , and amended Pub. L. 98–24, § 2(b)(2), , 97 Stat. 176; Pub. L. 98–509, title II, § 201, title III, § 301(c)(1), , 98 Stat. 2359, 2364; Pub. L. 99–570, title IV, § 4003, , 100 Stat. 3207–106; Pub. L. 100–690, title II, § 2058(a)(2), , 102 Stat. 4213; Pub. L. 101–93, § 3(f), , 103 Stat. 611; Pub. L. 102–321, title I, § 101(a), , 106 Stat. 324; Pub. L. 104–201, div. A, title XVII, § 1723(a)(3)(A), , 110 Stat. 2759; Pub. L. 106–129, § 2(b)(2), , 113 Stat. 1670; Pub. L. 106–310, div. B, title XXXI, § 3102, title XXXIV, § 3401(a), , 114 Stat. 1170, 1218; Pub. L. 108–173, title IX, § 900(e)(2)(A), , 117 Stat. 2372; Pub. L. 111–148, title III, § 3509(d), , 124 Stat. 534; Pub. L. 114–255, div. B, title VI, §§ 6001(a), (c)(2), 6002, 6003, 6005, 6006(a), , 130 Stat. 1202–1206, 1209, 1210; Pub. L. 117–286, § 4(a)(236), , 136 Stat. 4331; Pub. L. 117–328, div. FF, title I, §§ 1121(c)(2)(A), 1231, title II, § 2112(a)–(c), , 136 Stat. 5650, 5673, 5721.)