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United States Code
Title 42 - THE PUBLIC HEALTH AND WELFAREChapter 6A - PUBLIC HEALTH SERVICESubchapter III-A - SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
Part C - PROJECTS FOR ASSISTANCE IN TRANSITION FROM HOMELESSNESS
Section 290cc-22 - Purpose of grants

42 U.S.C. § 290cc-22

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 290cc-22 - Purpose of grants
(a) In general

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that the payments will be expended solely for making grants to political subdivisions of the State, and to nonprofit private entities (including community-based veterans organizations and other community organizations), for the purpose of providing the services specified in subsection (b) to individuals who-

(1)
(A) are suffering from serious mental illness; or
(B) are suffering from serious mental illness and from a substance use disorder; and
(2) are homeless or at imminent risk of becoming homeless.
(b) Specification of services

The services referred to in subsection (a) are-

(1) outreach services;
(2) screening and diagnostic treatment services;
(3) habilitation and rehabilitation services;
(4) community mental health services;
(5) alcohol or drug treatment services;
(6) staff training, including the training of individuals who work in shelters, mental health clinics, substance use disorder programs, and other sites where homeless individuals require services;
(7) case management services, including-
(A) preparing a plan for the provision of community mental health services to the eligible homeless individual involved, and reviewing such plan not less than once every 3 months;
(B) providing assistance in obtaining and coordinating social and maintenance services for the eligible homeless individuals, including services relating to daily living activities, personal financial planning, transportation services, and habilitation and rehabilitation services, prevocational and vocational services, and housing services;
(C) providing assistance to the eligible homeless individual in obtaining income support services, including housing assistance, supplemental nutrition assistance program benefits, and supplemental security income benefits;
(D) referring the eligible homeless individual for such other services as may be appropriate; and
(E) providing representative payee services in accordance with section 1631(a)(2) of the Social Security Act [42 U.S.C. 1383(a)(2)] if the eligible homeless individual is receiving aid under title XVI of such act [42 U.S.C. 1381 et seq.] and if the applicant is designated by the Secretary to provide such services;
(8) supportive and supervisory services in residential settings;
(9) referrals for primary health services, job training, educational services, and relevant housing services;
(10) subject to subsection (h)(1)-
(A) minor renovation, expansion, and repair of housing;
(B) planning of housing;
(C) technical assistance in applying for housing assistance;
(D) improving the coordination of housing services;
(E) security deposits;
(F) the costs associated with matching eligible homeless individuals with appropriate housing situations; and
(G) 1-time rental payments to prevent eviction; and
(11) other appropriate services, as determined by the Secretary.
(c) Coordination

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees to make grants pursuant to subsection (a) only to entities that have the capacity to provide, directly or through arrangements, the services specified in subsection (b), including coordinating the provision of services in order to meet the needs of eligible homeless individuals who are both mentally ill and suffering from a substance use disorder.

(d) Special consideration regarding veterans

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that, in making grants to entities pursuant to subsection (a), the State will give special consideration to entities with a demonstrated effectiveness in serving homeless veterans.

(e) Special rules

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that grants pursuant to subsection (a) will not be made to any entity that-

(1) has a policy of excluding individuals from mental health services due to the existence or suspicion of a substance use disorder; or
(2) has a policy of excluding individuals from substance use disorder services due to the existence or suspicion of mental illness.
(f) Administrative expenses

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that not more than 4 percent of the payments will be expended for administrative expenses regarding the payments.

(g) Restrictions on use of funds

The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that-

(1) not more than 20 percent of the payments will be expended for housing services under subsection (b)(10); and
(2) the payments will not be expended-
(A) to support emergency shelters or construction of housing facilities;
(B) for inpatient psychiatric treatment costs or inpatient substance use disorder treatment costs; or
(C) to make cash payments to intended recipients of mental health or substance use disorder services.
(h) Waiver for territories

With respect to the United States Virgin Islands, Guam, American Samoa, Palau, the Marshall Islands, and the Commonwealth of the Northern Mariana Islands, the Secretary may waive the provisions of this part that the Secretary determines to be appropriate.

42 U.S.C. § 290cc-22

July 1, 1944, ch. 373, title V, §522, as added Pub. L. 100-77, title VI, §611(3), July 22, 1987, 101 Stat. 516; amended Pub. L. 101-645, title V, §511, Nov. 29, 1990, 104 Stat. 4726; Pub. L. 106-310, div. B, title XXXII, §3203(a), Oct. 17, 2000, 114 Stat. 1191; Pub. L. 110-234, title IV, §4002(b)(1)(E), (2) (U), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110-246, §4(a), title IV, §4002(b)(1)(E), (2)(U), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 114-255, div. B, title IX, §9004(b), Dec. 13, 2016, 130 Stat. 1238.

EDITORIAL NOTES

REFERENCES IN TEXTThe Social Security Act, referred to in subsec. (b)(7)(E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVI of the Act is classified generally to subchapter XVI (§1381 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.

PRIOR PROVISIONSA prior section 522 of act July 1, 1944, was renumbered section 543 by section 611(2) of Pub. L. 100-77 and is classified to section 290dd-2 of this title.

AMENDMENTS2016-Subsec. (a)(1)(B). Pub. L. 114-255, §9004(b)(1), substituted "a substance use disorder" for "substance abuse". Subsec. (b)(6). Pub. L. 114-255, §9004(b)(2), substituted "substance use disorder" for "substance abuse". Subsec. (c). Pub. L. 114-255, §9004(b)(3), substituted "a substance use disorder" for "substance abuse".Subsec. (e)(1). Pub. L. 114-255, §9004(b)(4)(A), substituted "a substance use disorder" for "substance abuse". Subsec. (e)(2). Pub. L. 114-255, §9004(b)(4)(B), substituted "substance use disorder" for "substance abuse".Subsec. (g). Pub. L. 114-255, §9004(b)(5), redesignated subsec. (h) as (g) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: "The Secretary may not make payments under section 290cc-21 of this title unless the State involved agrees that the State will maintain State expenditures for services specified in subsection (b) at a level that is not less than the average level of such expenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying to receive such payments."Subsec. (g)(2)(B), (C). Pub. L. 114-255, §9004(b)(6), substituted "substance use disorder" for "substance abuse".Subsecs. (h), (i). Pub. L. 114-255, §9004(b)(5), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). 2008-Subsec. (b)(7)(C). Pub. L. 110-246, §4002(b)(1)(E), (2) (U), substituted "supplemental nutrition assistance program benefits" for "food stamps". 2000-Subsec. (i). Pub. L. 106-310 added subsec. (i).1990- Pub. L. 101-645 amended section generally, substituting provisions relating to purpose of grants for provisions relating to requirement of submission of application containing certain agreements.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(E), (2)(U) of Pub. L. 110-246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246 set out as a note under section 1161 of Title 2, The Congress.

Secretary
The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
housing assistance
The term "housing assistance" means, with respect to federally assisted housing, the grant, contribution, capital advance, loan, mortgage insurance, or other assistance provided for the housing under the provisions of law referred to in paragraph (2). The term also includes any related assistance provided for the housing by the Secretary, including any rental assistance for low-income occupants.