42 U.S.C. § 290cc–27: Description of intended…

Summary

The Secretary cannot pay a State under section 290cc–21 unless the State, with its application under section 290cc–29, gives a yearly plan saying how it will use the money. The plan must say which areas have the most homeless people needing mental health, substance use disorder, and housing help, describe the programs and services to be funded and how they will work with other public and private programs, and agree to update the plan if programs change under section 290cc–22. The Secretary also requires the State to give public notice and let people such as family members, consumers, and mental health, substance use disorder, and housing agencies comment on the plan and any updates. The services in the plan must be considered in, included in, and match the State comprehensive mental health services plan required in subpart 2 of part B of subchapter XVII.

Title 42, §290cc–27

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

(a)In general

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.

(b)Opportunity for public comment

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.

(c)Relationship to State comprehensive mental health services plan

(1)In general

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 2 of part B of subchapter XVII.

(2)Special rule

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).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subpart 2 of part B of subchapter XVII, referred to in subsec. (c)(1), which related to State comprehensive mental health services plans and which was classified to section 300x–10 et seq. of this title, was repealed by Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 378, and a new subpart 2 of part B of subchapter XVII of this chapter, relating to block grants for prevention and treatment of substance abuse, was added by section 202 of Pub. L. 102–321 and classified to section 300x–21 et seq. of this title.

Prior Provisions

A prior section 527 of act July 1, 1944, was renumbered section 548 by section 611(2) of Pub. L. 100–77 and is classified to section 290ee–3 of this title.

Amendments

2016—Subsecs. (a)(2), (b). Pub. L. 114–255 substituted “substance use disorder” for “substance abuse”. 1990—Pub. L. 101–645 amended section generally, substituting provisions relating to description of intended expenditures of grant for provisions relating to requirement of reports by States.

§290cc–27 Description of Intended Expenditures of Grant