
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1397d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
        SUBCHAPTER XX--BLOCK GRANTS TO STATES FOR SOCIAL SERVICES
 
Sec. 1397d. Limitation on use of grants; waiver

    (a) Except as provided in subsection (b) of this section, grants 
made under this subchapter may not be used by the State, or by any other 
person with which the State makes arrangements to carry out the purposes 
of this subchapter--
        (1) for the purchase or improvement of land, or the purchase, 
    construction, or permanent improvement (other than minor remodeling) 
    of any building or other facility;
        (2) for the provision of cash payments for costs of subsistence 
    or for the provision of room and board (other than costs of 
    subsistence during rehabilitation, room and board provided for a 
    short term as an integral but subordinate part of a social service, 
    or temporary emergency shelter provided as a protective service);
        (3) for payment of the wages of any individual as a social 
    service (other than payment of the wages of welfare recipients 
    employed in the provision of child day care services);
        (4) for the provision of medical care (other than family 
    planning services, rehabilitation services, or initial 
    detoxification of an alcoholic or drug dependent individual) unless 
    it is an integral but subordinate part of a social service for which 
    grants may be used under this subchapter;
        (5) for social services (except services to an alcoholic or drug 
    dependent individual or rehabilitation services) provided in and by 
    employees of any hospital, skilled nursing facility, intermediate 
    care facility, or prison, to any individual living in such 
    institution;
        (6) for the provision of any educational service which the State 
    makes generally available to its residents without cost and without 
    regard to their income;
        (7) for any child day care services unless such services meet 
    applicable standards of State and local law;
        (8) for the provision of cash payments as a service (except as 
    otherwise provided in this section);
        (9) for payment for any item or service (other than an emergency 
    item or service) furnished--
            (A) by an individual or entity during the period when such 
        individual or entity is excluded under this subchapter or 
        subchapter V, XVIII, or XIX of this chapter pursuant to section 
        1320a-7, 1320a-7a, 1320c-5, or 1395u(j)(2) of this title, or
            (B) at the medical direction or on the prescription of a 
        physician during the period when the physician is excluded under 
        this subchapter or subchapter V, XVIII, or XIX of this chapter 
        pursuant to section 1320a-7, 1320a-7a, 1320c-5, or 1395u(j)(2) 
        of this title and when the person furnishing such item or 
        service knew or had reason to know of the exclusion (after a 
        reasonable time period after reasonable notice has been 
        furnished to the person); or

        (10) in a manner inconsistent with the Assisted Suicide Funding 
    Restriction Act of 1997 [42 U.S.C. 14401 et seq.].

    (b) The Secretary may waive the limitation contained in subsection 
(a)(1) and (4) of this section upon the State's request for such a 
waiver if he finds that the request describes extraordinary 
circumstances to justify the waiver and that permitting the waiver will 
contribute to the State's ability to carry out the purposes of this 
subchapter.

(Aug. 14, 1935, ch. 531, title XX, Sec. 2005, as added Pub. L. 97-35, 
title XXIII, Sec. 2352(a), Aug. 13, 1981, 95 Stat. 869; amended Pub. L. 
100-93, Sec. 8(i), Aug. 18, 1987, 101 Stat. 695; Pub. L. 100-203, title 
IV, Sec. 4118(e)(13), Dec. 22, 1987, as added Pub. L. 100-360, title IV, 
Sec. 411(k)(10)(D), July 1, 1988, 102 Stat. 796; Pub. L. 100-485, title 
VI, Sec. 608(d)(26)(K)(ii), Oct. 13, 1988, 102 Stat. 2422; Pub. L. 105-
12, Sec. 9(c), Apr. 30, 1997, 111 Stat. 27.)

                       References in Text

    The Assisted Suicide Funding Restriction Act of 1997, referred to in 
subsec. (a)(10), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which 
is classified principally to chapter 138 (Sec. 14401 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 14401 of this title and Tables.


                            Prior Provisions

    A prior section 1397d, act Aug. 14, 1935, ch. 531, title XX, 
Sec. 2005, as added Jan. 4, 1975, Pub. L. 93-647, Sec. 2, 88 Stat. 2347; 
amended June 17, 1980, Pub. L. 96-272, title II, Sec. 206(d), 94 Stat. 
525, related to effective date of implementing regulations, prior to the 
general revision of this subchapter by section 2352(a) of Pub. L. 97-35.


                               Amendments

    1997--Subsec. (a)(10). Pub. L. 105-12 added par. (10).
    1988--Subsec. (a)(9)(A), (B). Pub. L. 100-360, Sec. 411(k)(10)(D), 
as amended by Pub. L. 100-485, Sec. 608(d)(26)(K)(ii), added Pub. L. 
100-203, Sec. 4118(e)(13), see 1987 Amendment note below.
    1987--Subsec. (a)(9). Pub. L. 100-93 added par. (9).
    Subsec. (a)(9)(A), (B). Pub. L. 100-203, Sec. 4118(e)(13), as added 
by Pub. L. 100-360, Sec. 411(k)(10)(D), as amended by Pub. L. 100-485, 
Sec. 608(d)(26)(K)(ii), substituted ``under this subchapter or 
subchapter V, XVIII, or XIX of this chapter pursuant to section 1320a-7, 
1320a-7a, 1320c-5, or 1395u(j)(2) of this title'' for ``pursuant to 
section 1320a-7 of this title or section 1320a-7a of this title from 
participation in the program under this subchapter''.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and applicable 
to Federal payments made pursuant to obligations incurred after Apr. 30, 
1997, for items and services provided on or after such date, subject to 
also being applicable with respect to contracts entered into, renewed, 
or extended after Apr. 30, 1997, as well as contracts entered into 
before Apr. 30, 1997, to the extent permitted under such contracts, see 
section 11 of Pub. L. 105-12, set out as an Effective Date note under 
section 14401 of this title.


                    Effective Date of 1988 Amendments

    Amendment by Pub. L. 100-485 effective as if included in the 
enactment of the Medicare Catastrophic Coverage Act of 1988, Pub. L. 
100-360, see section 608(g)(1) of Pub. L. 100-485, set out as a note 
under section 704 of this title.
    Except as specifically provided in section 411 of Pub. L. 100-360, 
amendment by Pub. L. 100-360, as it relates to a provision in the 
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as 
if included in the enactment of that provision in Pub. L. 100-203, see 
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA; 
Effective Date note under section 106 of Title 1, General Provisions.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-93 effective at end of fourteen-day period 
beginning Aug. 18, 1987, and inapplicable to administrative proceedings 
commenced before end of such period, see section 15(a) of Pub. L. 100-
93, set out as a note under section 1320a-7 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 1397f of this title.
