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2026-07-06 10:51:44 -04:00

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---
type: "LegalText"
title: "42 U.S.C. § 290cc28"
description: "Requirement of reports by States"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "6A"
chapter_name: "PUBLIC HEALTH SERVICE"
section: "290cc28"
citation: "42 U.S.C. § 290cc28"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
source_identifier: "/us/usc/t42/s290cc28"
source_file: "data/legal/raw/us/code/title-42/usc42.xml"
source_hash: "bba10a0ea34dcebb9f521713e27fc303a1eb897678bcdc37110e7b0ff069a21c"
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text_hash: "25835258a034415e7b36418be04c7dd34cf9069bbf4ee0ead3a3a0d0560eab6a"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 42 U.S.C. § 290cc28 - Requirement of reports by States
## Text
(a) In general The Secretary may not make payments under section 290cc21 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 290cc21 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 The Secretary may not make payments under section 290cc21 of this title unless the State involved agrees to make copies of the reports described in subsection (a) available for public inspection.
(c) Evaluations The Assistant Secretary for Mental Health and Substance Use 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.
(July 1, 1944, ch. 373, title V, § 528, as added Pub. L. 10077, title VI, § 611(3), July 22, 1987, 101 Stat. 520; amended Pub. L. 100607, title VIII, § 812(b), Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100628, title VI, § 612(b), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 100690, title II, § 2614(a), Nov. 18, 1988, 102 Stat. 4239; Pub. L. 10193, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 101645, title V, § 511, Nov. 29, 1990, 104 Stat. 4730; Pub. L. 102321, title I, § 163(a)(1), formerly § 163(a)(2), July 10, 1992, 106 Stat. 375, renumbered § 163(a)(1), Pub. L. 102352, § 2(b)(2), Aug. 26, 1992, 106 Stat. 939; Pub. L. 104316, title I, § 122(c), Oct. 19, 1996, 110 Stat. 3836; Pub. L. 114255, div. B, title VI, § 6001(c)(1), Dec. 13, 2016, 130 Stat. 1203.)
## Notes
Editorial Notes
Amendments2016—Subsecs. (a), (c). Pub. L. 114255 substituted “Assistant Secretary for Mental Health and Substance Use” for “Administrator of the Substance Abuse and Mental Health Services Administration”. 1996—Subsec. (a). Pub. L. 104316, § 122(c)(1), struck out “the Comptroller General of the United States, and” after “(after consultation with”. Subsec. (c). Pub. L. 104316, § 122(c)(2), struck out “Comptroller General of the United States in cooperation with the” before “Administrator” and struck out comma after “Administration”. 1992—Subsec. (a). Pub. L. 102321, § 163(a)(1)(A), as renumbered by Pub. L. 102352, substituted “and the Administrator of the Substance Abuse and Mental Health Services Administration” for “the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse”. Subsec. (c). Pub. L. 102321, § 163(a)(1)(B), as renumbered by Pub. L. 102352, substituted “Administrator of the Substance Abuse and Mental Health Services Administration” for “National Institute of Mental Health”. 1990—Pub. L. 101645 amended section generally, substituting provisions relating to requirement of reports by States for provisions relating to determination of amount of allotments. 1989—Subsec. (a)(1). Pub. L. 10193 directed that subsec. (a)(1) of this section as similarly amended by title VIII of Pub. L. 100607 and title VI of Pub. L. 100628 be amended to read as if the amendments made by title VI of Pub. L. 100628 had not been enacted. See 1988 Amendment note below. 1988—Subsec. (a)(1). Pub. L. 100690 substituted “the Commonwealth of the Northern Mariana Islands” for “the Northern Mariana Islands”. Pub. L. 100607 and Pub. L. 100628 made identical amendments, amending par. (1) generally. Prior to amendment, par. (1) read as follows: “$275,000; and”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102321, set out as a note under section 236 of this title.
Effective Date of 1988 AmendmentsAmendment by Pub. L. 100690 effective immediately after enactment of Pub. L. 100607, which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100690, set out as a note under section 242m of this title. Amendment by Pub. L. 100628 effective Nov. 7, 1988, see section 631 of Pub. L. 100628, set out as a note under section 254e of this title. Amendment by Pub. L. 100607 effective Nov. 4, 1988, see section 831 of Pub. L. 100607, set out as a note under section 254e of this title.