42 U.S.C. § 290aa–5: Grants for the benefit of…

Summary

The Secretary must give grants, contracts, and cooperative agreements to community-based public and private nonprofit groups to provide mental health and substance use disorder services to people who are homeless. The Secretary must work with the Interagency Council on the Homeless. Preference goes to groups that provide integrated primary, mental health, and substance use care; that serve runaway, homeless, or street youth; that have experience with substance use and mental health services; that offer housing for people in treatment or recovery; or that serve homeless veterans. Grantees cannot turn away homeless people who have only a substance use disorder. The Secretary cannot fund groups that exclude people from mental health care because of substance use, or from substance use care because of mental illness. No award may last more than 5 years. Congress authorized $41,304,000 for each fiscal year 2023 through 2027.

Title 42, §290aa–5

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

The Secretary shall award grants, contracts and cooperative agreements to community-based public and private nonprofit entities for the purposes of providing mental health and substance use disorder services for homeless individuals. In carrying out this section, the Secretary shall consult with the Interagency Council on the Homeless , established under section 11311 of this title.

(b)Preferences

In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall give a preference to—

(1)entities that provide integrated primary health, substance use disorder, and mental health services to homeless individuals;

(2)entities that demonstrate effectiveness in serving runaway, homeless, and street youth;

(3)entities that have experience in providing substance use disorder and mental health services to homeless individuals;

(4)entities that demonstrate experience in providing housing for individuals in treatment for or in recovery from mental illness or a substance use disorder; and

(5)entities that demonstrate effectiveness in serving homeless veterans.

(c)Services for certain individuals

In awarding grants, contracts, and cooperative agreements under subsection (a), the Secretary shall not—

(1)prohibit the provision of services under such subsection to homeless individuals who are suffering from a substance use disorder and are not suffering from a mental health disorder; and

(2)make payments under subsection (a) to any entity that has a policy of—

(A)excluding individuals from mental health services due to the existence or suspicion of a substance use disorder; or

(B)has a policy of excluding individuals from substance use disorder services due to the existence or suspicion of mental illness.

(d)Term of the awards

No entity may receive a grant, contract, or cooperative agreement under subsection (a) for more than 5 years.

(e)Authorization of appropriations

There is authorized to be appropriated to carry out this section $41,304,000 for each of fiscal years 2023 through 2027.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 290bb–1a of this title prior to renumbering by Pub. L. 102–321.

Prior Provisions

A prior section 290aa–5, act

July 1, 1944, ch. 373, title V, § 507, formerly § 506, as added Apr. 26, 1983, Pub. L. 98–24, § 2(b)(7), 97 Stat. 178; amended Nov. 20, 1985, Pub. L. 99–158, § 3(c), 99 Stat. 879; renumbered § 507 and amended Oct. 27, 1986, Pub. L. 99–570, title IV, §§ 4004(a), 4007, 100 Stat. 3207–109, 3207–115, which related to peer review of biomedical and behavioral research and development grants, was renumbered section 504 of act

July 1, 1944, by Pub. L. 102–321 and transferred to section 290aa–3 of this title. A prior section 506 of act

July 1, 1944, which was classified to section 224 of this title, was successively renumbered by subsequent acts, and transferred, see section 238c of this title.

Amendments

2022—Subsec. (e). Pub. L. 117–328 substituted “2023 through 2027” for “2018 through 2022”. 2016—Subsec. (a). Pub. L. 114–255, § 9001(1), substituted “substance use disorder” for “substance abuse”. Subsec. (b)(1), (3). Pub. L. 114–255, § 9001(2)(A), substituted “substance use disorder” for “substance abuse”. Subsec. (b)(4). Pub. L. 114–255, § 9001(2)(B), substituted “a substance use disorder” for “substance abuse”. Subsec. (c)(1). Pub. L. 114–255, § 9001(3)(A), substituted “substance use disorder” for “substance abuse disorder”. Subsec. (c)(2)(A). Pub. L. 114–255, § 9001(3)(B)(i), substituted “a substance use disorder” for “substance abuse”. Subsec. (c)(2)(B). Pub. L. 114–255, § 9001(3)(B)(ii), substituted “substance use disorder” for “substance abuse”. Subsec. (e). Pub. L. 114–255, § 9001(4), substituted “$41,304,000 for each of fiscal years 2018 through 2022” for “, $50,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 and 2003”. 2000—Pub. L. 106–310 amended section catchline and text generally, substituting present provisions for provisions, in subsec. (a), authorizing Secretary to make grants for benefit of homeless individuals through the Administrator of Substance Abuse and Mental Health Services Administration, in subsec. (b), relating to preferences for grants to entities providing integrated primary health, substance abuse, and mental health services, in subsec. (c), relating to services for certain individuals, in subsec. (d), relating to 5-year grants with renewals, and in subsec. (e), authorizing appropriations for fiscal years 1993 and 1994. Subsec. (a). Pub. L. 106–400 made technical amendment to reference in original act which appears in text as reference to section 11311 of this title. 1992—Pub. L. 102–321 amended section generally, substituting provisions relating to grants for benefit of homeless individuals for provisions relating to alcohol abuse and alcoholism demonstration projects. 1987—Subsecs. (c), (d). Pub. L. 100–77 added subsec. (c), redesignated former subsec. (c) as (d), and substituted “subsection (a) or (c)” for “subsection (a)”.

Statutory Notes and Related Subsidiaries

Change of Name

Interagency Council on the Homeless changed to United States Interagency Council on Homelessness by Pub. L. 108–199, div. G, title II, § 216, Jan. 23, 2004, 118 Stat. 394.

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–321 effective Oct. 1, 1992, 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.

§290aa–5 Grants for the Benefit of Homeless Individuals