PUBLIC HEALTH SERVICE ACT
Part C -- Projects for Assistance in Transition from Homelessness
Sec. 521 FORMULA GRANTS TO STATES
For the purpose of carrying out section 522 of this title, the Secretary, acting through the Director of the
Center for Mental Health Services, shall for each of the fiscal years 1991 through 1994 make an allotment
for each State in an amount determined in accordance with section 524 of this title. The Secretary shall
make payments, as grants, each such fiscal year to each State from the allotment for the State if the
Secretary approves for the Fiscal year involved an application submitted by the State pursuant to section
529 of this title.
Sec. 522 PURPOSE OF GRANTS
(a) IN GENERAL B The Secretary may not make payments under section 521 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) of this
section to individuals who-
(1) (A) are suffering from serious mental illness; or
(B) are suffering from serious mental illness and from substance abuse; and
(2) are homeless or at imminent risk of becoming homeless.
(b) SPECIFICATION OF SERVICES B The services referred to in subsection (a) of this section 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 abuse 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, food stamps, 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) of this section -
(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 B 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) of this section only to entities that have
the capacity to provide, directly or through arrangements, the services specified in subsection (b) of this
section, including coordinating the provision of services in order to meet the needs of eligible homeless
individuals who are both mentally ill and suffering from substance abuse.
(d) SPECIAL CONSIDERATION REGARDING VETERANS B The Secretary may not make payments
under section 521 of this title unless the State involved agrees that, in making grants to entities pursuant to
subsection (a) of this section, the State will give special consideration to entities with a demonstrated
effectiveness in serving homeless veterans.
(e) SPECIAL RULES B The Secretary may not make payments under section 521 of this title unless the
State involved agrees that grants pursuant to subsection (a) of this section 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 substance abuse; or
(2) has a policy of excluding individuals from substance abuse services due to the existence or
suspicion of mental illness.
(f) ADMINISTRATIVE EXPENSES -- The Secretary may not make payments under section 521 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) MAINTENANCE OF EFFORT -- 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) of this section 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.
(h) RESTRICTIONS ON USE OF FUNDS B The Secretary may not make payments under section 521 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) of this section; 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 abuse treatment costs;
or
(C) to make cash payments to intended recipients of mental health or substance abuse
services.
(i) 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.
Sec. 523 REQUIREMENT OF MATCHING FUNDS
(a) IN GENERAL B The Secretary may not make payments under section 521 of this title unless, with
respect to the costs of providing services pursuant to section 522 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.
(b) DETERMINATION OF AMOUNT B Non-Federal contributions required in subsection (a) of this
section may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts
provided by the Federal Government, or services 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 B The Secretary may not make payments under
section 521 of this title unless the State involved agrees that the State will not require the entities to which
grants are provided pursuant to section 522(a) of this title to provide non-Federal contributions in excess of
the non-Federal contributions described in subsection (a) of this section.
Sec. 524 DETERMINATION OF AMOUNT OF ALLOTMENT
(a) MINIMUM ALLOTMENT B The allotment for a State under section 521 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) of this section.
(b) DETERMINATION UNDER FORMULA B The amount referred to in subsection (a)(2) of this section
is the product of-
(1) an amount equal to the amount appropriated under section 1935(a) of this title 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 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, as
indicated by the sum of the respective amounts determined for the States under
subparagraph (a).
Sec. 525 CONVERSION TO CATEGORICAL PROGRAM IN EVENT OF FAILURE OF STATE
REGARDING EXPENDITURE OF GRANTS
(a) IN GENERAL -- Subject to subsection (c) of this section, the Secretary shall, from the amounts
specified in subsection (b) of this section, make grants to public and nonprofit private entities for the
purpose of providing to eligible homeless individuals the services specified in section 522(b) of this title.
(b) SPECIFICATION OF FUNDS -- The amounts referred to in subsection (a) of this section are
any amounts made available in appropriations Acts for allotments under section 521 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 529 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.
(c) REQUIREMENT OF PROVISION OF SERVICES IN STATE INVOLVED -- With respect to grants
under subsection (a) of this section, amounts made available under subsection (b) of this section as a result
of the State involved shall be available only for grants to provide services in such State.
Sec. 526 PROVISION OF CERTAIN INFORMATION FROM STATE
The Secretary may not make payments under section 521 of this title to a State unless, as part of the
application required in section 529 of this title, the State submits to the Secretary a statement -
(1) identifying existing programs providing services and housing to eligible homeless individuals and
identify gaps in the delivery systems of such programs;
(2) containing a plan for providing services and housing to eligible homeless individuals, which plan -
(A) describes the coordinated and comprehensive means of providing services and housing to
homeless individuals; and
(B) includes documentation that suitable housing for eligible homeless individuals will accompany
the provision of services to such individuals;
(3) describes the source of the non-Federal contributions described in section 523 of this title;
(4) contains assurances that the non-Federal contributions described in section 523 of this title 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 may reasonably require.
Sec. 527 DESCRIPTION OF INTENDED EXPENDITURES OF GRANT
(a) IN GENERAL B The Secretary may not make payments under section 521 of this title unless -
(1) as part of the application required in section 529 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 abuse, 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 522
of this title.
(b) OPPORTUNITY FOR PUBLIC COMMENT B The Secretary may not make payments under section
521 of this title unless the State involved agrees that, in developing and carrying out the description
required in subsection (a) of this section, 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 fly members, consumers, and mental health, substance abuse, and housing agencies,
an opportunity to present comments and recommendations with respect to the description.
(c) RELATIONSHIP TO STATE COMPREHENSIVE MENTAL HEALTHB SERVICES PLAN
(1) IN GENERAL B The Secretary may not make payments under section 521 of this title unless the
services to be provided pursuant to the description required in subsection (a) of this section are
consistent with the State comprehensive mental health services plan required in subpart 2 [1] of part B
of subchapter XVII of this chapter.
(2) SPECIAL RULE B The Secretary may not make payments under section 521 of this title unless the
services to be provided pursuant to the description required in subsection (a) of this section 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).
Sec. 528 REQUIREMENT OF REPORTS BY STATES
(a) IN GENERAL B The Secretary may not make payments under section 521 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 Administrator of the Substance Abuse and Mental Health Services Administration) to
be necessary for -
(1) securing a record and a description of the purposes for which amounts received under section
521 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.
(b) AVAILABILITY TO PUBLIC OF REPORTS B The Secretary may not make payments under section
521 of this title unless the State involved agrees to make copies of the reports described in subsection (a) of
this section available for public inspection.
(c) EVALUATIONS B The Administrator of the Substance Abuse and Mental Health Services
Administration shall evaluate at least once every 3 years the expenditures of grants under this part by
eligible entities 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 design or operations.
Sec. 529 REQUIREMENT OF APPLICATION
The Secretary may not make payments under section 521 of this title unless the State involved -
(1) submits to the Secretary an application for the payments containing agreements and information in
accordance with this part;
(2) the agreements are made through certification from the chief executive officer of the State; and
(3) the application otherwise is in such form, is made in such manner, and contains such agreements,
assurances, and information as the Secretary determines to be necessary to carry out this part.
Sec. 530 TECHNICAL ASSISTANCE
The Secretary, through the agencies of the Administration, shall provide technical assistance to eligible
entities in developing planning and operating programs in accordance with the provisions
of this part.
Sec. 531 FAILURE TO COMPLY WITH AGREEMENTS
(a) REPAYMENT OF PAYMENTS B
(1) The Secretary may, subject to subsection (c) of this section, require a State to repay any
payments received by the State under section 521of 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 529 of this title.
(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 521 of this title.
(b) WITHHOLDING OF PAYMENTS B
(1) The Secretary may, subject to subsection (c) of this section, withhold payments due under
section 521 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 529 of this title.
(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.
(3) The Secretary may not withhold funds under paragraph (1) from a State for a minor failure to
comply with the agreements referred to in such paragraph.
(c) OPPORTUNITY FOR HEARING B Before requiring repayment of payments under subsection (a)
(1) of this section, or withholding payments under subsection (b)(1) of this section, the Secretary shall
provide to the State an opportunity for a hearing.
(d) RULE OF CONSTRUCTIONB Notwithstanding any other provision of this part, a State receiving
payments under section 521 of this title may not, with respect to any agreements required to be
contained in the application submitted under section 529 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 522(b) of this title to eligible homeless individuals, incidentally provides services to
homeless individuals who are not eligible homeless individuals.
Sec. 532 PROHIBITION AGAINST CERTAIN FALSE STATEMENTS
(a) IN GENERAL B
(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 521 of this title.
(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 2900cc-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.
(b) CRIMINAL PENALTY FOR VIOLATION OF PROHIBITION B Any person who violates a
prohibition established in subsection (a) of this section may for each violation be fined in
accordance with title 18 or imprisoned for not more than 5 years, or both.
Sec. 533 NONDISCRIMINATION
(a) IN GENERAL B
(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 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.
(2) PROHIBITION B 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 521 of this title.
(b) ENFORCEMENT B
(1) REFERRALS TO ATTORNEY GENERAL AFTER NOTICE -- Whenever the Secretary finds
that a State, or an entity that has received a payment pursuant to section 521 of this title, has failed
to comply with a provision of law referred to in subsection (a)(1) of this section, with subsection
(a)(2) of this section, or with an applicable regulation (including one prescribed to carry out
subsection (a)(2) of this section), 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.
(2) AUTHORITY OF ATTORNEY GENERAL B When a matter is referred to the Attorney
General pursuant to paragraph (1)(A), or whenever the Attorney General has reason to believe that
a State or an entity is engaged in a pattern or practice in violation of a provision of law referred to
in subsection (a)(1) of this section or in violation of subsection (a)(2) of this section, the Attorney
General may bring a civil action in any appropriate district court of the United States for such
relief as may be appropriate, including injunctive relief.
Sec. 534 DEFINITIONS
For purposes of this part:
(1) ELIGIBLE HOMELESS INDIVIDUAL B The term ''eligible homeless individual'' means an
individual described in section 522(a) of this title.
(2) HOMELESS INDIVIDUAL B The term ''homeless individual'' has the meaning given such
term in section 340(r) of this title.
(3) STATE B 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 ABUSE B The term ''substance abuse'' means the abuse of alcohol or other
drugs.
Sec. 535 FUNDING
(a) AUTHORIZATION OF APPROPRIATIONS B For the purpose of carrying out this part,
there is authorized to be appropriated $75,000,000 for each of the fiscal years 1991 through
1994. 2001 through 2003.
(b) EFFECT OF INSUFFICIENT APPROPRIATIONS FOR MINIMUM ALLOTMENTS B
(1) IN GENERAL -- If the amounts made available under subsection (a) of this section
for a fiscal year are insufficient for providing each State with an allotment under section 521 of
this title of not less than the applicable amount under section 524(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 522(b) of this title.
(2) RULE OF CONSTRUCTION B Paragraph (1) may not be construed to require the
Secretary to make a grant under such paragraph to each State.