§290cc–21. Formula grants to States — Inbound Citations

Citations to 42 U.S.C. § 290cc–21 as a whole

• 42 U.S.C. § 290cc–22(a)

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  (a) 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—

  (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.
• 42 U.S.C. § 290cc–22(c)

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  (c) 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.
• 42 U.S.C. § 290cc–22(d)

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  (d) 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.
• 42 U.S.C. § 290cc–22(e)

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  (e) 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.
• 42 U.S.C. § 290cc–22(f)

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  (f) 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.
• 42 U.S.C. § 290cc–22(g)

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  (g) 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.
• 42 U.S.C. § 290cc–23(a)

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  (a) The Secretary may not make payments under section 290cc–21 of this title unless, with respect to the costs of providing services pursuant to section 290cc–22 of this title, the State involved agrees to make available, directly or through donations from public or private entities, non-Federal contributions toward such costs in an amount that is not less than $1 for each $3 of Federal funds provided in such payments.
• 42 U.S.C. § 290cc–23(c)

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  (c) The Secretary may not make payments under section 290cc–21 of this title unless the State involved agrees that the State will not require the entities to which grants are provided pursuant to section 290cc–22(a) of this title to provide non-Federal contributions in excess of the non-Federal contributions described in subsection (a).
• 42 U.S.C. § 290cc–24(a)

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  (a) The allotment for a State under section 290cc–21 of this title for a fiscal year shall be the greater of—

  (1) $300,000 for each of the several States, 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).
• 42 U.S.C. § 290cc–25(b)

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  (b) The amounts referred to in subsection (a) are any amounts made available in appropriations Acts for allotments under section 290cc–21 of this title that are not paid to a State as a result of—

  (A) the failure of the State to submit an application under section 290cc–29 of this title;

  (B) the failure of the State, in the determination of the Secretary, to prepare the application in accordance with such section or to submit the application within a reasonable period of time; or

  (C) the State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State.
• 42 U.S.C. § 290cc–26

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  The Secretary may not make payments under section 290cc–21 of this title to a State unless, as part of the application required in section 290cc–29 of this title, the State submits to the Secretary a statement—
• 42 U.S.C. § 290cc–27(a)

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  (a) The Secretary may not make payments under section 290cc–21 of this title unless—

  (1) as part of the application required in section 290cc–29 of this title, the State involved submits to the Secretary a description of the intended use for the fiscal year of the amounts for which the State is applying pursuant to such section;

  (2) such description identifies the geographic areas within the State in which the greatest numbers of homeless individuals with a need for mental health, substance use disorder, and housing services are located;

  (3) such description provides information relating to the programs and activities to be supported and services to be provided, including information relating to coordinating such programs and activities with any similar programs and activities of public and private entities; and

  (4) the State agrees that such description will be revised throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State pursuant to section 290cc–22 of this title.
• 42 U.S.C. § 290cc–27(b)

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  (b) The Secretary may not make payments under section 290cc–21 of this title unless the State involved agrees that, in developing and carrying out the description required in subsection (a), the State will provide public notice with respect to the description (including any revisions) and such opportunities as may be necessary to provide interested persons, such as family members, consumers, and mental health, substance use disorder, and housing agencies, an opportunity to present comments and recommendations with respect to the description.
• 42 U.S.C. § 290cc–27(c)(1)

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  (1) The Secretary may not make payments under section 290cc–21 of this title unless the services to be provided pursuant to the description required in subsection (a) are consistent with the State comprehensive mental health services plan required in subpart 2¹ of part B of subchapter XVII.
• 42 U.S.C. § 290cc–27(c)(2)

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  (2) The Secretary may not make payments under section 290cc–21 of this title unless the services to be provided pursuant to the description required in subsection (a) have been considered in the preparation of, have been included in, and are consistent with, the State comprehensive mental health services plan referred to in paragraph (1).
• 42 U.S.C. § 290cc–28(a)

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  (a) The Secretary may not make payments under section 290cc–21 of this title unless the State involved agrees that, by not later than January 31 of each fiscal year, the State will prepare and submit to the Secretary a report in such form and containing such information as the Secretary determines (after consultation with the Assistant Secretary 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 were expended during the preceding fiscal year and of the recipients of such amounts; and

  (2) determining whether such amounts were expended in accordance with the provisions of this part.
• 42 U.S.C. § 290cc–28(a)(1)

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  (1) securing a record and a description of the purposes for which amounts received under section 290cc–21 of this title were expended during the preceding fiscal year and of the recipients of such amounts; and
• 42 U.S.C. § 290cc–28(b)

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  (b) The Secretary may not make payments under section 290cc–21 of this title unless the State involved agrees to make copies of the reports described in subsection (a) available for public inspection.
• 42 U.S.C. § 290cc–29

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  The Secretary may not make payments under section 290cc–21 of this title unless the State involved—
• 42 U.S.C. § 290cc–31(a)(1)

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  (1) The Secretary may, subject to subsection (c), require a State to repay any payments received by the State under section 290cc–21 of this title that the Secretary determines were not expended by the State in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.
• 42 U.S.C. § 290cc–31(a)(2)

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  (2) If a State fails to make a repayment required in paragraph (1), the Secretary may offset the amount of the repayment against the amount of any payment due to be paid to the State under section 290cc–21 of this title.
• 42 U.S.C. § 290cc–31(b)(1)

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  (1) The Secretary may, subject to subsection (c), withhold payments due under section 290cc–21 of this title if the Secretary determines that the State involved is not expending amounts received under such section in accordance with the agreements required to be contained in the application submitted by the State pursuant to section 290cc–29 of this title.
• 42 U.S.C. § 290cc–31(b)(2)

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  (2) The Secretary shall cease withholding payments from a State under paragraph (1) if the Secretary determines that there are reasonable assurances that the State will expend amounts received under section 290cc–21 of this title in accordance with the agreements referred to in such paragraph.
• 42 U.S.C. § 290cc–31(d)

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  (d) Notwithstanding any other provision of this part, a State receiving payments under section 290cc–21 of this title may not, with respect to any agreements required to be contained in the application submitted under section 290cc–29 of this title, be considered to be in violation of any such agreements by reason of the fact that the State, in the regular course of providing services under section 290cc–22(b) of this title to eligible homeless individuals, incidentally provides services to homeless individuals who are not eligible homeless individuals.
• 42 U.S.C. § 290cc–32(a)(1)

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  (1) A person may not knowingly make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which amounts may be paid by a State from payments received by the State under section 290cc–21 of this title.
• 42 U.S.C. § 290cc–32(a)(2)

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  (2) A person with knowledge of the occurrence of any event affecting the right of the person to receive any amounts from payments made to the State under section 290cc–21 of this title may not conceal or fail to disclose any such event with the intent of securing such an amount that the person is not authorized to receive or securing such an amount in an amount greater than the amount the person is authorized to receive.
• 42 U.S.C. § 290cc–33(a)(1)

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  (1) 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 et seq.], on the basis of handicap under section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on the basis of sex under title IX of the Education Amendments of 1972 [20 U.S.C. 1681 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 et seq.], programs and activities funded in whole or in part with funds made available under section 290cc–21 of this title shall be considered to be programs and activities receiving Federal financial assistance.
• 42 U.S.C. § 290cc–33(a)(2)

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  (2) No person 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 funded in whole or in part with funds made available under section 290cc–21 of this title.
• 42 U.S.C. § 290cc–33(b)(1)

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  (1) Whenever the Secretary finds that a State, or an entity that has received a payment pursuant to section 290cc–21 of this title, has failed to comply with a provision of law referred to in subsection (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and shall request the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary may—

  (A) refer the matter to the Attorney General 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 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], as may be applicable; or

  (C) take such other actions as may be authorized by law.
• 42 U.S.C. § 290cc–35(b)(1)

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  (1) If the amounts made available under subsection (a) for a fiscal year are insufficient for providing each State with an allotment under section 290cc–21 of this title of not less than the applicable amount under section 290cc–24(a)(1) of this title, the Secretary shall, from such amounts as are made available under such subsection, make grants to the States for providing to eligible homeless individuals the services specified in section 290cc–22(b) of this title.
• 42 U.S.C. § 300x–67

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  In the case of a public health emergency (as determined under section 247d of this title), the Secretary, on a State by State basis, may, as the circumstances of the emergency reasonably require and for the period of the emergency, grant an extension, or waive application deadlines or compliance with any other requirement, of a grant authorized under section 290cc–21, 300x, or 300x–21 of this title or an allotment authorized under Public Law 99–319 (42 U.S.C. 10801 et seq.).