Mental Health Amendments of 1990
PL 101-639 (S.2628), enacted 11/28/1990

42 u s e 201 note. 
104 STAT. 4600 
PUBLIC LAW 101-639—NOV. 28, 1990 
Public Law 101-639 
101st Congress 
An Act 
To amend the Public Health Service Act to reauthorize certain National Institute of 
JNov. £6, It^au 
Mental Health grants and to improve provisions concerning the State comprehen-
[S. 2628] 
sive mental health services plan, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Mental Health 
United States of America in Congress assembled. 
Amendments of 
1990. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Mental Health Amendments of 
1990". 
SEC. 2. REAUTHORIZATION OF DEMONSTRATION GRANTS FOR HEALTH 
SERVICES. 
(a) IN GENERAL.—Section 520(a) of the Public Health Service Act 
(42 U.S.C. 290cc-13(a)) is amended to read as follows: 
"(a) SERIOUSLY MENTALLY I I I INDIVIDUALS, AND CHILDREN AND 
ADOLESCENTS WITH SERIOUS EMOTIONAL AND MENTAL DISTURB-
ANCES.— 
"<1) IN GENERAL.—The Secretary, acting through the Director 
of the National Institute of Mental Health, may make grants to 
States, political subdivisions of States, and nonprofit private 
agencies for— 
"(A) mental health services demonstration projects for 
the planning, coordination and improvement of community 
services (including outreach and consumer-run self-help 
services) for seriously mentally ill individuals and their 
families, seriously emotionally and mentally disturbed chil-
dren and youth and their families, and seriously mentally 
ill homeless and elderly individuals; 
"(B) demonstration projects for the prevention of youth 
suicide; 
"(C) demonstration projects for the improvement of the 
recognition, assessment, treatment and clinical manage-
ment of depressive disorders; 
"(D) demonstration projects for programs to prevent the 
occurrence of sex offenses, and for the provision of treat-
ment and psychological assistance to the victims of sex 
offenses; and 
"(E) demonstration projects for programs to provide 
mental health services to victims of family violence. 
"(2) MENTAL HEALTH SERVICES.—Mental health services pro-
vided under paragraph (1)(A) should encompass a range of 
delivery systems designed to permit individuals to receive treat-
ment in the most therapeutically appropriate, least restrictive 
setting. Grants shall be awarded under such paragraph for— 
"(A) research demonstration programs concerning such 
services; and 
"(B) systems improvements to assist States and local 
entities to develop appropriate comprehensive mental 
PUBLIC LAW 101-639—NOV. 28, 1990 
104 STAT. 4601 
health systems for adults with serious long-term mental 
illness and children and adolescents with serious emotional 
and mental disturbance.". 
0?) AUTHORIZATION OF APPROPRIATIONS.—Section 520(eXl) of the 
Public Health Service Act (42 U.S.C. 290cc-13(eXl)) is amended to 
read as follows: 
"(1) For the purposes of carrying out this section, there are 
authorized to be appropriated $40,000,000 for fiscal year 1991, 
and such sums as may be necessary for each of the fiscal years 
1992 and 1993.". 
SEC. 3. STATE COMPREHENSIVE MENTAL HEALTH SERVICES PLAN. 
(a) FUNDING FOR PLANS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Section 1924(c) of the 
Public Health Service Act (42 U.S.C. 300x-10(c)) is amended by 
inserting before the period the following: ", and $5,000,000 for 
each of the fiscal years 1991 through 1993". 
(2) ESTABUSHMENT OF AUTHORITY FOR USE OF FUNDS UNDER 
SUBPART 1.—Section 1915 of the Public Health Service Act (42 
U.S.C. 300x-3) is amended by adding at the end the following 
new subsection: 
"(e) Amounts paid to a State under section 1914 may be used by 
the State for the purpose of developing and implementing State 
comprehensive mental health plans in accordance with section 1925. 
With respect to compliance with the limitation established in 
subsection (d), none of the expenditures by the State for the purpose 
described in the preceding sentence from amounts received under 
section 1914 may be considered to have been expended for admin-
istering the amounts.". 
(b) REQUIREMENTS FOR PLANS.—Section 1925 of the Public Health 
Service Act (42 U.S.C. 300x-ll) is amended— 
(1) by striking "chronically mentally ill individual" each place 
such term appears and inserting "individual with a serious 
mental illness ; 
(2) by striking "chronically mentally ill individuals" each 
place such term appears and inserting "individuals with serious 
mental illnesses"; 
(3) in subsection (b)— 
(A) in paragraph (1), by inserting before the period the 
following: "and children with serious emotional and mental 
disorders"; 
(B) in paragraph (3), by striking "describe services to be 
provided' and inserting the following: "describe services, 
available treatment 
options, and available 
resources 
(including Federal, State and local public services and re-
sources, and to the extent practicable, private services and 
resources) to be provided";. 
(C) by redesignating paragraphs (5) through (8) as para-
graphs (6) through (9), respectively; 
(D) by striking paragraph (4) and inserting the following 
new paragraphs: 
"(4) The State plan shall describe health and mental health 
services, rehabilitation services, employment services, housing 
services, educational services, medical and dental care, and 
other support services to be provided to individuals and children 
with serious emotional and mental disorders with Federal, State 
and local public and private resources to enable such individ-
104 STAT. 4602 
PUBLIC LAW 101-639—NOV. 28, 1990 
uals to function outside of inpatient or residential institutions 
to the maximum extent of their capabilities, including services 
to be provided by local school systems under the Education of 
the Handicapped Act. 
"(5) The State plan shall describe the financial resources and 
staffing necessary to implement the requirements of such 
plan."; and 
(E) by adding at the end the following new paragraph: 
"(10) The State plan shall describe a system of integrated 
social services, educational services, juvenile services, substance 
abuse services which together with health and mental health 
services, should be provided in order for children and adoles-
cents with serious emotional and mental disorders to receive 
care appropriate for their multiple needs, including services to 
be provided by local school systems under the Education of the 
Handicapped Act."; and 
(4) by adding at the end the following new subsections: 
"(e) The State shall utilize the State mental health planning 
council described in section 1916(e), or establish a new council with 
comparable membership requirements, to advise, review, monitor 
and evaluate all aspects of the development and implementation of 
the State plan. The comments of such council shall be formally 
transmitted to the Governor of the State prior to the submission of 
such plan to the Secretary and such comments should be transmit-
ted to the Secretary together with such plan. 
Reports. 
"(f) Not later than March 30 of each year, the Secretary shall 
prepare and submit, to the appropriate Committees of Congress, a 
report concerning the development and implementation of the State 
plans. Such reports shall include— 
"(1) the status of the implementation of such plans by the 
States; 
"(2) a description of the extent of the participation of the 
councils described in subsection (e) in such development and 
implementation; 
"(3) a description of the coordinated services for children and 
adults conducted under such plans; 
"(4) the extent to which State and local public, and private 
resources are utilized in the enhancement and delivery of des-
ignated services; and 
"(5) a quantitative measurement of the improvement in serv-
ices projected and achieved under the plan.". 
(c) ENFORCEMENT.—Section 1926 of the Public Health Service Act 
(42 U.S.C. 300X-12) is amended— 
(1) in subsection (b)— 
(A) by striking "1991" and inserting "1992"; and 
(B) by striking "1990" and inserting "1991"; 
(2) in subsection (c), in the first sentence— 
(A) by striking "1992" and inserting "1993"; and 
(B) by striking "1991" and inserting "1992"; 
(3) in subsection (d), in the second sentence, by striking "the 
State is permitted to expend for administrative expenses" and 
inserting "that the State received under subpart 1, as such 
subpart existed on October 1,1985"; and 
(4) in subsection (e)— 
(A) by striking "for any fiscal year" and inserting "during 
the period covered by the plan"; 
PUBLIC LAW 101-639—NOV. 28, 1990 
104 STAT. 4603 
(B) by striking "for such fiscal year" and inserting 
"during such period"; and 
(C) by inserting before the period the following: ", taking 
into consideration savings on inpatient hospitalization that 
can reasonably be anticipated to result from a well designed 
and implemented plan". 
(d) MISCELLANEOUS TECHNICAL AMENDMENT.—Section 902(c) of the 
Public Health Service Act (42 U.S.C. 299a(c)) is amended by striking 
"subsection (b)" and inserting "subsection (a)". 
Approved November 28, 1990. 
LEGISLATIVE HISTORY—S. 2628: 
SENATE REPORTS: No. 101-389 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECX)RD, Vol. 136 (1990): 
Aug. 4, considered and passed Senate. 
Oct. 23, considered and passed House, amended. 
Oct. 24, Senate concurred in House amendment.