42 U.S.C. § 290bb-38
The Secretary shall make grants to States, political subdivisions of States, and Indian Tribes and Tribal organizations (as the terms "Indian tribes" and "tribal organizations" are defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304] ), acting directly or through agreements with other public or nonprofit entities, or a health facility or program operated by or in accordance with a contract or grant with the Indian Health Service, to develop and implement programs to divert individuals with a mental illness from the criminal justice system to community-based services.
The Secretary shall consult with the Attorney General and any other appropriate officials in carrying out this section.
The Secretary shall issue regulations and guidelines necessary to carry out this section, including methodologies and outcome measures for evaluating programs carried out by States, political subdivisions of States, Indian Tribes, and Tribal organizations receiving grants under subsection (a).
To receive a grant under subsection (a), the chief executive of a State, chief executive of a subdivision of a State, an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require.
Such application shall-
In awarding grants under subsection (a), the Secretary shall, as appropriate, give special consideration to entities proposing to use grant funding to support jail diversion services for veterans.
A State, political subdivision of a State, Indian Tribe, or Tribal organization that receives a grant under subsection (a) may use funds received under such grant to-
The Secretary shall pay to a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) the Federal share of the cost of activities described in the application.
The Federal share of a grant made under this section shall not exceed 75 percent of the total cost of the program carried out by the State, political subdivision of a State, Indian Tribe, or Tribal organization. Such share shall be used for new expenses of the program carried out by such State, political subdivision of a State, Indian Tribe, or Tribal organization.
The non-Federal share of payments made under this section may be made in cash or in kind fairly evaluated, including planned equipment or services. The Secretary may waive the requirement of matching contributions.
The Secretary shall ensure that such grants awarded under subsection (a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
Training and technical assistance may be provided by the Secretary to assist a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) in establishing and operating a diversion program.
The programs described in subsection (a) shall be evaluated not less than one time in every 12-month period using the methodology and outcome measures identified in the grant application.
There are authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2023 through 2027.
42 U.S.C. § 290bb-38
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (a). Pub. L. 117-328, §1216(1), struck out "up to 125" before "grants" and substituted "Tribes and Tribal organizations" for "tribes and tribal organizations".Subsec. (b)(2). Pub. L. 117-328, §1216(2), substituted "Tribes, and Tribal organizations" for "tribes, and tribal organizations". Subsec. (c)(1). Pub. L. 117-328, §1216(3)(A), substituted "an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a)" for "Indian tribe or tribal organization".Subsec. (c)(2)(A)(i). Pub. L. 117-328, §1216(3)(B)(i), inserted "peer recovery support services," after "disorder treatment,".Subsec. (c)(2)(A)(iii). Pub. L. 117-328, §1216(3)(B)(ii), substituted "Tribe, or Tribal organization" for "tribe, or tribal organization". Subsec. (e). Pub. L. 117-328, §1216(4)(A), substituted "Tribe, or Tribal organization" for "tribe, or tribal organization" in introductory provisions.Subsec. (e)(3). Pub. L. 117-328, §1216(4)(B), inserted "and paraprofessionals" after "professionals".Subsec. (e)(5). Pub. L. 117-328, §1216(4)(C), substituted ",arrest, or release" for "or arrest". Subsec. (f). Pub. L. 117-328, §1216(5), substituted "Tribe, or Tribal organization" for "tribe, or tribal organization" wherever appearing. Subsec. (h). Pub. L. 117-328, §1216(6), substituted "Tribe, or Tribal organization" for "tribe, or tribal organization".Subsec. (j). Pub. L. 117-328, §1216(7), substituted "$14,000,000 for each of fiscal years 2023 through 2027" for "$4,269,000 for each of fiscal years 2018 through 2022". 2016-Subsec. (a). Pub. L. 114-255, §9002(2), substituted "and Indian tribes and tribal organizations (as the terms 'Indian tribes' and 'tribal organizations' are defined in section 4 of the Indian Self-Determination and Education Assistance Act)" for "Indian tribes, and tribal organizations" and inserted "or a health facility or program operated by or in accordance with a contract or grant with the Indian Health Service," after "entities,".Subsec. (c)(2)(A)(i). Pub. L. 114-255, §9002(1), (3), substituted "evidence-based" for "the best known" and "substance use disorder" for "substance abuse".Subsec. (c)(2)(A)(ii). Pub. L. 114-255, §9002(1), substituted "substance use disorder" for "substance abuse".Subsec. (d). Pub. L. 114-255, §9002(5), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 114-255, §9002(4), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (e)(2). Pub. L. 114-255, §9002(1), substituted "substance use disorder" for "substance abuse".Subsec. (e)(5). Pub. L. 114-255, §9002(6), added par. (5).Subsecs. (f) to (i). Pub. L. 114-255, §9002(4), redesignated subsecs. (e) to (h) as (f) to (i), respectively. Former subsec. (i) redesignated (j).Subsec. (j). Pub. L. 114-255, §9002(4), (7), redesignated subsec. (i) as (j) and substituted "$4,269,000 for each of fiscal years 2018 through 2022" for "$10,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 through 2003".
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Service
- The term "Service" means the Public Health Service;
- practices
- The term "practices" means design, financing, permitting, construction, commissioning, operation and maintenance, and other practices that contribute to achieving zero-net-energy buildings or facilities.