---
kind: "range"
citation: "42 U.S.C. §§ 290cc–21–290cc–35"
title: "42"
from: "290cc–21"
to: "290cc–35"
count: 15
release: "119-102"
url: "https://uscodex.org/usc/42/290cc-21..290cc-35"
---

# §290cc–21. Formula grants to States


For the purpose of carrying out [section 290cc–22 of this title](/usc/42/290cc–22.md), the [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/5061.md?p=1) of the Center for Mental Health [Services](/usc/42/201.md?p=a), shall for each of the fiscal years 2023 through 2027 make an allotment for each [State](/usc/42/290cc–34.md?p=3) in an amount determined in accordance with [section 290cc–24 of this title](/usc/42/290cc–24.md). The [Secretary](/usc/42/201.md?p=c) shall make payments, as grants, each such fiscal year to each [State](/usc/42/290cc–34.md?p=3) from the allotment for the [State](/usc/42/290cc–34.md?p=3) if the [Secretary](/usc/42/201.md?p=c) approves for the fiscal year involved an application submitted by the [State](/usc/42/290cc–34.md?p=3) pursuant to [section 290cc–29 of this title](/usc/42/290cc–29.md).


# §290cc–22. Purpose of grants

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that the payments will be expended solely for making grants to political subdivisions of the [State](/usc/42/290cc–34.md?p=3), and to nonprofit [private entities](/usc/42/12181.md?p=6) (including community-based veterans organizations and other community organizations), for the purpose of providing the [services](/usc/42/201.md?p=a) specified in [subsection (b)](#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](/usc/42/201.md?p=a) referred to in [subsection (a)](#a) are—
  - (1) outreach [services](/usc/42/201.md?p=a);
  - (2) screening and diagnostic [treatment services](/usc/42/300x–34.md?p=7);
  - (3) habilitation and rehabilitation [services](/usc/42/201.md?p=a);
  - (4) community mental health [services](/usc/42/201.md?p=a);
  - (5) alcohol or [drug](/usc/42/282.md?p=j-1-A-vii) [treatment services](/usc/42/300x–34.md?p=7);
  - (6) staff [training](/usc/42/285e–2.md?p=b-2), including the [training](/usc/42/285e–2.md?p=b-2) of individuals who work in shelters, mental health clinics, substance use disorder [programs](/usc/42/274l–1.md?p=4), and other sites where [homeless individuals](/usc/42/290cc–34.md?p=2) require [services](/usc/42/201.md?p=a);
  - (7) case management [services](/usc/42/201.md?p=a), including—
    - (A) preparing a plan for the provision of community mental health [services](/usc/42/201.md?p=a) to the [eligible homeless individual](/usc/42/290cc–34.md?p=1) involved, and reviewing such plan not less than once every 3 months;
    - (B) providing assistance in obtaining and coordinating social and maintenance [services](/usc/42/201.md?p=a) for the [eligible homeless individuals](/usc/42/290cc–34.md?p=1), including [services](/usc/42/201.md?p=a) relating to daily living activities, personal financial planning, transportation [services](/usc/42/201.md?p=a), and habilitation and rehabilitation [services](/usc/42/201.md?p=a), prevocational and vocational [services](/usc/42/201.md?p=a), and [housing](/usc/42/1490p–2.md?p=r-3) [services](/usc/42/201.md?p=a);
    - (C) providing assistance to the [eligible homeless individual](/usc/42/290cc–34.md?p=1) in obtaining [income](/usc/42/292s.md?p=c-4) support [services](/usc/42/201.md?p=a), including [housing assistance](/usc/42/13641.md?p=3), supplemental nutrition assistance [program](/usc/42/274l–1.md?p=4) benefits, and [supplemental security income benefits](/usc/42/1382i.md?p=b-2);
    - (D) referring the [eligible homeless individual](/usc/42/290cc–34.md?p=1) for such other [services](/usc/42/201.md?p=a) as may be appropriate; and
    - (E) providing [representative](/usc/42/3058f.md?p=5) payee [services](/usc/42/201.md?p=a) in accordance with section 1631(a)(2) of the Social Security Act [[42 U.S.C. 1383(a)(2)](/usc/42/1383.md?p=a-2)] if the [eligible homeless individual](/usc/42/290cc–34.md?p=1) is receiving aid under title XVI of such act [[42 U.S.C. 1381](/usc/42/1381.md) et seq.] and if the applicant is designated by the [Secretary](/usc/42/201.md?p=c) to provide such [services](/usc/42/201.md?p=a);
  - (8) supportive and supervisory [services](/usc/42/201.md?p=a) in residential settings;
  - (9) referrals for primary health [services](/usc/42/201.md?p=a), job [training](/usc/42/285e–2.md?p=b-2), educational [services](/usc/42/201.md?p=a), and relevant [housing](/usc/42/1490p–2.md?p=r-3) [services](/usc/42/201.md?p=a);
  - (10) subject to subsection (h)(1)—
    - (A) minor renovation, expansion, and repair of [housing](/usc/42/1490p–2.md?p=r-3);
    - (B) planning of [housing](/usc/42/1490p–2.md?p=r-3);
    - (C) technical assistance in applying for [housing assistance](/usc/42/13641.md?p=3);
    - (D) improving the coordination of [housing](/usc/42/1490p–2.md?p=r-3) [services](/usc/42/201.md?p=a);
    - (E) security deposits;
    - (F) the costs associated with matching [eligible homeless individuals](/usc/42/290cc–34.md?p=1) with appropriate [housing](/usc/42/1490p–2.md?p=r-3) situations; and
    - (G) 1-time rental payments to prevent eviction; and
  - (11) other appropriate [services](/usc/42/201.md?p=a), as determined by the [Secretary](/usc/42/201.md?p=c).
- (c) **Coordination—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees to make grants pursuant to [subsection (a)](#a) only to entities that have the capacity to provide, directly or through arrangements, the [services](/usc/42/201.md?p=a) specified in [subsection (b)](#b), including coordinating the provision of [services](/usc/42/201.md?p=a) in order to meet the needs of [eligible homeless individuals](/usc/42/290cc–34.md?p=1) who are both mentally ill and suffering from a substance use disorder.
- (d) **Special consideration regarding veterans—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that, in making grants to entities pursuant to [subsection (a)](#a), the [State](/usc/42/290cc–34.md?p=3) will give special consideration to entities with a demonstrated effectiveness in serving homeless veterans.
- (e) **Special rules—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that grants pursuant to [subsection (a)](#a) will not be made to any entity that—
  - (1) has a policy of excluding individuals from mental health [services](/usc/42/201.md?p=a) due to the existence or suspicion of a substance use disorder; or
  - (2) has a policy of excluding individuals from [substance use disorder services](/usc/42/290cc–34.md?p=4) due to the existence or suspicion of mental illness.
- (f) **Administrative expenses—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) 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](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that—
  - (1) not more than 20 percent of the payments will be expended for [housing](/usc/42/1490p–2.md?p=r-3) [services](/usc/42/201.md?p=a) under [subsection (b)(10)](#b-10); and
  - (2) the payments will not be expended—
    - (A) to support emergency shelters or [construction](/usc/42/7479.md?p=2-C) of [housing](/usc/42/1490p–2.md?p=r-3) [facilities](/usc/42/11049.md?p=4);
    - (B) for inpatient psychiatric [treatment](/usc/42/11851.md?p=11) costs or inpatient substance use disorder [treatment](/usc/42/11851.md?p=11) costs; or
    - (C) to make cash payments to intended [recipients](/usc/42/2996a.md?p=6) of mental health or [substance use disorder services](/usc/42/290cc–34.md?p=4).
- (h) **Waiver for territories—** With respect to the [United States](/usc/42/403.md?p=k) Virgin Islands, Guam, American Samoa, Palau, the Marshall Islands, and the Commonwealth of the Northern Mariana Islands, the [Secretary](/usc/42/201.md?p=c) may waive the provisions of this part that the [Secretary](/usc/42/201.md?p=c) determines to be appropriate.

# §290cc–23. Requirement of matching funds

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless, with respect to the costs of providing [services](/usc/42/201.md?p=a) pursuant to [section 290cc–22 of this title](/usc/42/290cc–22.md), the [State](/usc/42/290cc–34.md?p=3) involved agrees to make available, directly or through donations from public or [private entities](/usc/42/12181.md?p=6), non-Federal contributions toward such costs in an amount that is not less than $1 for each $3 of Federal [funds](/usc/42/12854.md?p=3) provided in such payments.
- (b) **Determination of amount—** Non-Federal contributions required in [subsection (a)](#a) may be in cash or in kind, fairly evaluated, including plant, equipment, or [services](/usc/42/201.md?p=a). Amounts provided by the Federal Government, or [services](/usc/42/201.md?p=a) assisted or subsidized to any significant extent by the Federal Government, shall not be included in determining the amount of such non-Federal contributions.
- (c) **Limitation regarding grants by States—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that the [State](/usc/42/290cc–34.md?p=3) will not require the entities to which grants are provided pursuant to [section 290cc–22(a) of this title](/usc/42/290cc–22.md?p=a) to provide non-Federal contributions in excess of the non-Federal contributions described in [subsection (a)](#a).

# §290cc–24. Determination of amount of allotment

- (a) **Minimum allotment—** The allotment for a [State](/usc/42/290cc–34.md?p=3) under [section 290cc–21 of this title](/usc/42/290cc–21.md) for a fiscal year shall be the greater of—
  - (1) $300,000 for each of the several [States](/usc/42/290cc–34.md?p=3), the District of Columbia, and the Commonwealth of Puerto Rico, and $50,000 for each of Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands; and
  - (2) an amount determined in accordance with [subsection (b)](#b).
- (b) **Determination under formula—** The amount referred to in [subsection (a)(2)](#a-2) is the product of—
  - (1) an amount equal to the amount appropriated under [section 290cc–35(a) of this title](/usc/42/290cc–35.md?p=a) for the fiscal year; and
  - (2) a percentage equal to the quotient of—
    - (A) an amount equal to the population living in urbanized areas of the [State](/usc/42/290cc–34.md?p=3) involved, as indicated by the most recent data collected by the Bureau of the Census; and
    - (B) an amount equal to the population living in urbanized areas of the [United States](/usc/42/403.md?p=k), as indicated by the sum of the respective amounts determined for the [States](/usc/42/290cc–34.md?p=3) under [subparagraph (A)](#b-2-A).

# §290cc–25. Conversion to categorical program in event of failure of State regarding expenditure of grants

- (a) **In general—** Subject to [subsection (c)](#c), the [Secretary](/usc/42/201.md?p=c) shall, from the amounts specified in [subsection (b)](#b), make grants to public and nonprofit [private entities](/usc/42/12181.md?p=6) for the purpose of providing to [eligible homeless individuals](/usc/42/290cc–34.md?p=1) the [services](/usc/42/201.md?p=a) specified in [section 290cc–22(b) of this title](/usc/42/290cc–22.md?p=b).
- (b) **Specification of funds—** The amounts referred to in [subsection (a)](#a) are any amounts made available in appropriations Acts for allotments under [section 290cc–21 of this title](/usc/42/290cc–21.md) that are not paid to a [State](/usc/42/290cc–34.md?p=3) as a result of—
  - (A) the failure of the [State](/usc/42/290cc–34.md?p=3) to submit an application under [section 290cc–29 of this title](/usc/42/290cc–29.md);
  - (B) the failure of the [State](/usc/42/290cc–34.md?p=3), in the determination of the [Secretary](/usc/42/201.md?p=c), to prepare the application in accordance with such section or to submit the application within a reasonable period of time; or
  - (C) the [State](/usc/42/290cc–34.md?p=3) informing the [Secretary](/usc/42/201.md?p=c) that the [State](/usc/42/290cc–34.md?p=3) does not intend to expend the full amount of the allotment made to the [State](/usc/42/290cc–34.md?p=3).
- (c) **Requirement of provision of services in State involved—** With respect to grants under [subsection (a)](#a), amounts made available under [subsection (b)](#b) as a result of the [State](/usc/42/290cc–34.md?p=3) involved shall be available only for grants to provide [services](/usc/42/201.md?p=a) in such [State](/usc/42/290cc–34.md?p=3).

# §290cc–26. Provision of certain information from State


The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) to a [State](/usc/42/290cc–34.md?p=3) unless, as part of the application required in [section 290cc–29 of this title](/usc/42/290cc–29.md), the [State](/usc/42/290cc–34.md?p=3) submits to the [Secretary](/usc/42/201.md?p=c) a statement—

- (1) identifying existing [programs](/usc/42/274l–1.md?p=4) providing [services](/usc/42/201.md?p=a) and [housing](/usc/42/1490p–2.md?p=r-3) to [eligible homeless individuals](/usc/42/290cc–34.md?p=1) and identify gaps in the delivery systems of such [programs](/usc/42/274l–1.md?p=4);
- (2) containing a plan for providing [services](/usc/42/201.md?p=a) and [housing](/usc/42/1490p–2.md?p=r-3) to [eligible homeless individuals](/usc/42/290cc–34.md?p=1), which plan—
  - (A) describes the coordinated and comprehensive means of providing [services](/usc/42/201.md?p=a) and [housing](/usc/42/1490p–2.md?p=r-3) to [homeless individuals](/usc/42/290cc–34.md?p=2); and
  - (B) includes documentation that suitable [housing](/usc/42/1490p–2.md?p=r-3) for [eligible homeless individuals](/usc/42/290cc–34.md?p=1) will accompany the provision of [services](/usc/42/201.md?p=a) to such individuals;
- (3) describes the source of the non-Federal contributions described in [section 290cc–23 of this title](/usc/42/290cc–23.md);
- (4) contains assurances that the non-Federal contributions described in [section 290cc–23 of this title](/usc/42/290cc–23.md) will be available at the beginning of the grant period;
- (5) describe any voucher system that may be used to carry out this part; and
- (6) contain such other information or assurances as the [Secretary](/usc/42/201.md?p=c) may reasonably require.

# §290cc–27. Description of intended expenditures of grant

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless—
  - (1) as part of the application required in [section 290cc–29 of this title](/usc/42/290cc–29.md), the [State](/usc/42/290cc–34.md?p=3) involved submits to the [Secretary](/usc/42/201.md?p=c) a description of the intended use for the fiscal year of the amounts for which the [State](/usc/42/290cc–34.md?p=3) is applying pursuant to such section;
  - (2) such description identifies the [geographic areas](/usc/42/11360.md?p=9) within the [State](/usc/42/290cc–34.md?p=3) in which the greatest numbers of [homeless individuals](/usc/42/290cc–34.md?p=2) with a need for mental health, substance use disorder, and [housing](/usc/42/1490p–2.md?p=r-3) [services](/usc/42/201.md?p=a) are located;
  - (3) such description provides information relating to the [programs](/usc/42/274l–1.md?p=4) and activities to be supported and [services](/usc/42/201.md?p=a) to be provided, including information relating to coordinating such [programs](/usc/42/274l–1.md?p=4) and activities with any similar [programs](/usc/42/274l–1.md?p=4) and activities of public and [private entities](/usc/42/12181.md?p=6); and
  - (4) the [State](/usc/42/290cc–34.md?p=3) agrees that such description will be revised throughout the year as may be necessary to reflect substantial changes in the [programs](/usc/42/274l–1.md?p=4) and activities assisted by the [State](/usc/42/290cc–34.md?p=3) pursuant to [section 290cc–22 of this title](/usc/42/290cc–22.md).
- (b) **Opportunity for public comment—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that, in developing and carrying out the description required in [subsection (a)](#a), the [State](/usc/42/290cc–34.md?p=3) will provide public notice with respect to the description (including any revisions) and such opportunities as may be necessary to provide interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i), such as [family members](/usc/42/300gg–91.md?p=d-15), consumers, and mental health, substance use disorder, and [housing](/usc/42/1490p–2.md?p=r-3) agencies, an opportunity to present comments and recommendations with respect to the description.
- (c) **Relationship to State comprehensive mental health services plan—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [services](/usc/42/201.md?p=a) to be provided pursuant to the description required in [subsection (a)](#a) are consistent with the [State](/usc/42/290cc–34.md?p=3) comprehensive mental health [services](/usc/42/201.md?p=a) plan required in subpart 2[^1] of part B of subchapter XVII.
  - (2) **Special rule—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [services](/usc/42/201.md?p=a) to be provided pursuant to the description required in [subsection (a)](#a) have been considered in the preparation of, have been included in, and are consistent with, the [State](/usc/42/290cc–34.md?p=3) comprehensive mental health [services](/usc/42/201.md?p=a) plan referred to in [paragraph (1)](#c-1).

# §290cc–28. Requirement of reports by States

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees that, by not later than January 31 of each fiscal year, the [State](/usc/42/290cc–34.md?p=3) will prepare and submit to the [Secretary](/usc/42/201.md?p=c) a report in such form and containing such information as the [Secretary](/usc/42/201.md?p=c) determines (after consultation with the Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use) to be necessary for—
  - (1) securing a record and a description of the purposes for which amounts received under [section 290cc–21 of this title](/usc/42/290cc–21.md) were expended during the preceding fiscal year and of the [recipients](/usc/42/2996a.md?p=6) of such amounts; and
  - (2) determining whether such amounts were expended in accordance with the provisions of this part.
- (b) **Availability to public of reports—** The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved agrees to make copies of the reports described in [subsection (a)](#a) available for public [inspection](/usc/42/4851b.md?p=12).
- (c) **Evaluations—** The Assistant [Secretary](/usc/42/201.md?p=c) for Mental Health and Substance Use shall evaluate at least once every 3 years the expenditures of grants under this part by [eligible entities](/usc/42/296.md?p=1) in order to ensure that expenditures are consistent with the provisions of this part, and shall include in such evaluation recommendations regarding changes needed in [program](/usc/42/274l–1.md?p=4) design or operations.

# §290cc–29. Requirement of application


The [Secretary](/usc/42/201.md?p=c) may not make payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) unless the [State](/usc/42/290cc–34.md?p=3) involved—

- (1) submits to the [Secretary](/usc/42/201.md?p=c) an application for the payments containing [agreements](/usc/42/1320b–8.md?p=a-3-A) and information in accordance with this part;
- (2) the [agreements](/usc/42/1320b–8.md?p=a-3-A) are made through certification from the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/290cc–34.md?p=3); and
- (3) the application otherwise is in such form, is made in such manner, and contains such [agreements](/usc/42/1320b–8.md?p=a-3-A), assurances, and information as the [Secretary](/usc/42/201.md?p=c) determines to be necessary to carry out this part.

# §290cc–30. Technical assistance


The [Secretary](/usc/42/201.md?p=c), acting through the Assistant [Secretary](/usc/42/201.md?p=c), shall provide technical assistance to [eligible entities](/usc/42/296.md?p=1) in developing planning and operating [programs](/usc/42/274l–1.md?p=4) in accordance with the provisions of this part.


# §290cc–31. Failure to comply with agreements

- (a) **Repayment of payments—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may, subject to [subsection (c)](#c), require a [State](/usc/42/290cc–34.md?p=3) to repay any payments received by the [State](/usc/42/290cc–34.md?p=3) under [section 290cc–21 of this title](/usc/42/290cc–21.md) that the [Secretary](/usc/42/201.md?p=c) determines were not expended by the [State](/usc/42/290cc–34.md?p=3) in accordance with the [agreements](/usc/42/1320b–8.md?p=a-3-A) required to be contained in the application submitted by the [State](/usc/42/290cc–34.md?p=3) pursuant to [section 290cc–29 of this title](/usc/42/290cc–29.md).
  - (2) If a [State](/usc/42/290cc–34.md?p=3) fails to make a repayment required in [paragraph (1)](#a-1), the [Secretary](/usc/42/201.md?p=c) may offset the amount of the repayment against the amount of any payment due to be paid to the [State](/usc/42/290cc–34.md?p=3) under [section 290cc–21 of this title](/usc/42/290cc–21.md).
- (b) **Withholding of payments—**
  - (1) The [Secretary](/usc/42/201.md?p=c) may, subject to [subsection (c)](#c), withhold payments due under [section 290cc–21 of this title](/usc/42/290cc–21.md) if the [Secretary](/usc/42/201.md?p=c) determines that the [State](/usc/42/290cc–34.md?p=3) involved is not expending amounts received under such section in accordance with the [agreements](/usc/42/1320b–8.md?p=a-3-A) required to be contained in the application submitted by the [State](/usc/42/290cc–34.md?p=3) pursuant to [section 290cc–29 of this title](/usc/42/290cc–29.md).
  - (2) The [Secretary](/usc/42/201.md?p=c) shall cease withholding payments from a [State](/usc/42/290cc–34.md?p=3) under [paragraph (1)](#b-1) if the [Secretary](/usc/42/201.md?p=c) determines that there are reasonable assurances that the [State](/usc/42/290cc–34.md?p=3) will expend amounts received under [section 290cc–21 of this title](/usc/42/290cc–21.md) in accordance with the [agreements](/usc/42/1320b–8.md?p=a-3-A) referred to in such paragraph.
  - (3) The [Secretary](/usc/42/201.md?p=c) may not withhold [funds](/usc/42/12854.md?p=3) under [paragraph (1)](#b-1) from a [State](/usc/42/290cc–34.md?p=3) for a minor failure to comply with the [agreements](/usc/42/1320b–8.md?p=a-3-A) referred to in such paragraph.
- (c) **Opportunity for hearing—** Before requiring repayment of payments under [subsection (a)(1)](#a-1), or withholding payments under [subsection (b)(1)](#b-1), the [Secretary](/usc/42/201.md?p=c) shall provide to the [State](/usc/42/290cc–34.md?p=3) an opportunity for a hearing.
- (d) **Rule of construction—** Notwithstanding any other provision of this part, a [State](/usc/42/290cc–34.md?p=3) receiving payments under [section 290cc–21 of this title](/usc/42/290cc–21.md) may not, with respect to any [agreements](/usc/42/1320b–8.md?p=a-3-A) required to be contained in the application submitted under [section 290cc–29 of this title](/usc/42/290cc–29.md), be considered to be in [violation](/usc/42/2000e–16a.md?p=c) of any such [agreements](/usc/42/1320b–8.md?p=a-3-A) by reason of the fact that the [State](/usc/42/290cc–34.md?p=3), in the regular course of providing [services](/usc/42/201.md?p=a) under [section 290cc–22(b) of this title](/usc/42/290cc–22.md?p=b) to [eligible homeless individuals](/usc/42/290cc–34.md?p=1), incidentally provides [services](/usc/42/201.md?p=a) to [homeless individuals](/usc/42/290cc–34.md?p=2) who are not [eligible homeless individuals](/usc/42/290cc–34.md?p=1).

# §290cc–32. Prohibition against certain false statements

- (a) **In general—**
  - (1) A [person](/usc/42/1320a–7k.md?p=d-4-C-i) may not knowingly make or [cause](/usc/42/9908.md?p=c-2) to be made any false statement or representation of a material fact in connection with the furnishing of items or [services](/usc/42/201.md?p=a) for which amounts may be paid by a [State](/usc/42/290cc–34.md?p=3) from payments received by the [State](/usc/42/290cc–34.md?p=3) under [section 290cc–21 of this title](/usc/42/290cc–21.md).
  - (2) A [person](/usc/42/1320a–7k.md?p=d-4-C-i) with knowledge of the occurrence of any event affecting the right of the [person](/usc/42/1320a–7k.md?p=d-4-C-i) to receive any amounts from payments made to the [State](/usc/42/290cc–34.md?p=3) under [section 290cc–21 of this title](/usc/42/290cc–21.md) may not conceal or fail to disclose any such event with the intent of securing such an amount that the [person](/usc/42/1320a–7k.md?p=d-4-C-i) is not authorized to receive or securing such an amount in an amount greater than the amount the [person](/usc/42/1320a–7k.md?p=d-4-C-i) is authorized to receive.
- (b) **Criminal penalty for violation of prohibition—** Any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who violates a prohibition established in [subsection (a)](#a) may for each [violation](/usc/42/2000e–16a.md?p=c) be fined in accordance with [title 18](/usc/18.md) or imprisoned for not more than 5 years, or both.

# §290cc–33. Nondiscrimination

- (a) **In general—**
  - (1) **Rule of construction regarding certain civil rights laws—** For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 [[42 U.S.C. 6101](/usc/42/6101.md) et seq.], on the basis of handicap under section 504 of the Rehabilitation Act of 1973 [[29 U.S.C. 794](/usc/29/794.md)], on the basis of sex under title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](/usc/20/1681.md) et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.], [programs](/usc/42/274l–1.md?p=4) and activities funded in whole or in part with [funds](/usc/42/12854.md?p=3) made available under [section 290cc–21 of this title](/usc/42/290cc–21.md) shall be considered to be [programs](/usc/42/274l–1.md?p=4) and activities receiving Federal financial assistance.
  - (2) **Prohibition—** No [person](/usc/42/1320a–7k.md?p=d-4-C-i) shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any [program or activity](/usc/42/2000cc–5.md?p=6) funded in whole or in part with [funds](/usc/42/12854.md?p=3) made available under [section 290cc–21 of this title](/usc/42/290cc–21.md).
- (b) **Enforcement—**
  - (1) **Referrals to Attorney General after notice—** Whenever the [Secretary](/usc/42/201.md?p=c) finds that a [State](/usc/42/290cc–34.md?p=3), or an entity that has received a payment pursuant to [section 290cc–21 of this title](/usc/42/290cc–21.md), has failed to comply with a provision of law referred to in [subsection (a)(1)](#a-1), with [subsection (a)(2)](#a-2), or with an applicable regulation (including one prescribed to carry out [subsection (a)(2)](#a-2)), the [Secretary](/usc/42/201.md?p=c) shall notify the [chief executive officer](/usc/42/12511.md?p=9) of the [State](/usc/42/290cc–34.md?p=3) and shall request the [chief executive officer](/usc/42/12511.md?p=9) to secure compliance. If within a reasonable period of time, not to exceed 60 days, the [chief executive officer](/usc/42/12511.md?p=9) fails or refuses to secure compliance, the [Secretary](/usc/42/201.md?p=c) may—
    - (A) refer the matter to the [Attorney General](/usc/42/14902.md?p=6) with a recommendation that an appropriate civil action be instituted;
    - (B) exercise the powers and functions provided by the Age Discrimination Act of 1975 [[42 U.S.C. 6101](/usc/42/6101.md) et seq.], section 504 of the Rehabilitation Act of 1973 [[29 U.S.C. 794](/usc/29/794.md)], title IX of the Education Amendments of 1972 [[20 U.S.C. 1681](/usc/20/1681.md) et seq.], or title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](/usc/42/2000d.md) et seq.], as may be applicable; or
    - (C) take such other actions as may be authorized by law.
  - (2) **Authority of Attorney General—** When a matter is referred to the [Attorney General](/usc/42/14902.md?p=6) pursuant to [paragraph (1)(A)](#b-1-A), or whenever the [Attorney General](/usc/42/14902.md?p=6) has reason to believe that a [State](/usc/42/290cc–34.md?p=3) or an entity is engaged in a pattern or practice in [violation](/usc/42/2000e–16a.md?p=c) of a provision of law referred to in [subsection (a)(1)](#a-1) or in [violation](/usc/42/2000e–16a.md?p=c) of [subsection (a)(2)](#a-2), the [Attorney General](/usc/42/14902.md?p=6) may bring a civil action in any appropriate district court of the [United States](/usc/42/403.md?p=k) for such relief as may be appropriate, including injunctive relief.

# §290cc–34. Definitions


For purposes of this part:

- (1) **Eligible homeless individual—** The term “eligible homeless individual” means an individual described in [section 290cc–22(a) of this title](/usc/42/290cc–22.md?p=a).
- (2) **Homeless individual—** The term “homeless individual” has the meaning given such term in [section 254b(h)(5) of this title](/usc/42/254b.md?p=h-5).
- (3) **State—** The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- (4) **Substance use disorder services—** The term “substance use disorder services” has the meaning given the term “substance abuse services” in [section 254b(h)(5)(C)](/usc/42/254b.md)[^1] of this title.

# §290cc–35. Funding

- (a) **Authorization of appropriations—** For the purpose of carrying out this part, there is authorized to be appropriated $64,635,000 for each of fiscal years 2023 through 2027.
- (b) **Effect of insufficient appropriations for minimum allotments—**
  - (1) **In general—** If the amounts made available under [subsection (a)](#a) for a fiscal year are insufficient for providing each [State](/usc/42/290cc–34.md?p=3) with an allotment under [section 290cc–21 of this title](/usc/42/290cc–21.md) of not less than the applicable amount under [section 290cc–24(a)(1) of this title](/usc/42/290cc–24.md?p=a-1), the [Secretary](/usc/42/201.md?p=c) shall, from such amounts as are made available under such subsection, make grants to the [States](/usc/42/290cc–34.md?p=3) for providing to [eligible homeless individuals](/usc/42/290cc–34.md?p=1) the [services](/usc/42/201.md?p=a) specified in [section 290cc–22(b) of this title](/usc/42/290cc–22.md?p=b).
  - (2) **Rule of construction—** [Paragraph (1)](#b-1) may not be construed to require the [Secretary](/usc/42/201.md?p=c) to make a grant under such paragraph to each [State](/usc/42/290cc–34.md?p=3).