
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 511]
[CITE: 42USC300w-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
       Part A--Preventive Health and Health Services Block Grants
 
Sec. 300w-3. Use of allotments


(a) Preventive health services, comprehensive public health services, 
        emergency medical services, etc.

    (1) Except as provided in subsections (b) and (c) of this section, 
payments made to a State under section 300w-2 of this title may be used 
for the following:
        (A) Activities consistent with making progress toward achieving 
    the objectives established by the Secretary for the health status of 
    the population of the United States for the year 2000 (in this part 
    referred to as ``year 2000 health objectives'').
        (B) Preventive health service programs for the control of 
    rodents and for community and school-based fluoridation programs.
        (C) Feasibility studies and planning for emergency medical 
    services systems and the establishment, expansion, and improvement 
    of such systems. Amounts for such systems may not be used for the 
    costs of the operation of the systems or the purchase of equipment 
    for the systems, except that such amounts may be used for the 
    payment of not more than 50 percent of the costs of purchasing 
    communications equipment for the systems. Amounts may be expended 
    for feasibility studies or planning for the trauma-care components 
    of such systems only if the studies or planning, respectively, is 
    consistent with the requirements of section 300d-13(a) of this 
    title.
        (D) Providing services to victims of sex offenses and for 
    prevention of sex offenses.
        (E) With respect to activities described in any of subparagraphs 
    (A) through (D), related planning, administration, and educational 
    activities.
        (F) Monitoring and evaluation of activities carried out under 
    any of subparagraphs (A) through (E) \1\
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    \1\ So in original. Probably should be followed by a period.

    (2) Except as provided in subsection (b) of this section, amounts 
paid to a State under section 300w-2 of this title from its allotment 
under section 300w-1(b) of this title may only be used for providing 
services to rape victims and for rape prevention.
    (3) The Secretary may provide technical assistance to States in 
planning and operating activities to be carried out under this part.

(b) Prohibited uses

    A State may not use amounts paid to it under section 300w-2 of this 
title to--
        (1) provide inpatient services,
        (2) make cash payments to intended recipients of health 
    services,
        (3) purchase or improve land, purchase, construct, or 
    permanently improve (other than minor remodeling) any building or 
    other facility, or purchase major medical equipment,
        (4) satisfy any requirement for the expenditure of non-Federal 
    funds as a condition for the receipt of Federal funds, or
        (5) provide financial assistance to any entity other than a 
    public or nonprofit private entity.

Except as provided in subsection (a)(1)(E) of this section, the 
Secretary may waive the limitation contained in paragraph (3) upon the 
request of a State if the Secretary finds that there are extraordinary 
circumstances to justify the waiver and that granting the waiver will 
assist in carrying out this part.

(c) Transfer of funds

    A State may transfer not more than 7 percent of the amount allotted 
to the State under section 300w-1(a) of this title for any fiscal year 
for use by the State under part B of this subchapter and title V of the 
Social Security Act [42 U.S.C. 701 et seq.] in such fiscal year as 
follows: At any time in the first three quarters of the fiscal year a 
State may transfer not more than 3 percent of the allotment of the State 
for the fiscal year for such use, and in the last quarter of a fiscal 
year a State may transfer for such use not more than the remainder of 
the amount of its allotment which may be transferred.

(d) Limitation on administrative costs

    Of the amount paid to any State under section 300w-2 of this title, 
not more than 10 percent paid from each of its allotments under 
subsections (a) and (b) of section 300w-1 of this title may be used for 
administering the funds made available under section 300w-2 of this 
title. The State will pay from non-Federal sources the remaining costs 
of administering such funds.

(July 1, 1944, ch. 373, title XIX, Sec. 1904, as added Pub. L. 97-35, 
title IX, Sec. 901, Aug. 13, 1981, 95 Stat. 537; amended Pub. L. 97-414, 
Sec. 8(s), Jan. 4, 1983, 96 Stat. 2062; Pub. L. 99-646, 
Sec. 87(d)(1)(A), Nov. 10, 1986, 100 Stat. 3623; Pub. L. 99-654, 
Sec. 3(b)(1)(A), Nov. 14, 1986, 100 Stat. 3663; Pub. L. 100-607, title 
III, Sec. 301(b), Nov. 4, 1988, 102 Stat. 3111; Pub. L. 102-531, title 
I, Sec. 102, Oct. 27, 1992, 106 Stat. 3470.)

                       References in Text

    The Social Security Act, referred to in subsec. (c), is act Aug. 14, 
1935, ch. 531, 49 Stat. 620, as amended. Title V of the Social Security 
Act is classified generally to subchapter V (Sec. 701 et seq.) of 
chapter 7 of this title. For complete classification of this Act to the 
Code, see section 1305 of this title and Tables.


                               Amendments

    1992--Subsec. (a)(1). Pub. L. 102-531, Sec. 102(a), amended par. (1) 
generally, substituting present provisions for provisions authorizing, 
except as provided in subsecs. (b) and (c), use of the amounts paid to a 
State under section 300w-2 of this title from its allotment under 
section 300w-1(a) of this title and amounts transferred by the State, 
for use in preventive health service programs, including hypertension 
and high cholesterol services, health-risk reduction programs, 
immunization services, home health agencies, emergency medical services, 
services to victims of sex offenses, and uterine cancer and breast 
cancer services.
    Subsec. (c). Pub. L. 102-531, Sec. 102(b), substituted ``part B'' 
for ``parts B and C''.
    1988--Subsec. (a)(1)(B). Pub. L. 100-607, Sec. 301(b)(1), inserted 
``and elevated serum cholesterol'' before period at end.
    Subsec. (a)(1)(C). Pub. L. 100-607, Sec. 301(b)(2), inserted ``, 
including programs designed to reduce the incidence of chronic 
diseases'' before period at end.
    Subsec. (a)(1)(D). Pub. L. 100-607, Sec. 301(b)(3), inserted ``, 
including immunization services'' before period at end.
    Subsec. (a)(1)(F). Pub. L. 100-607, Sec. 301(b)(4), substituted 
``systems, except that such amounts may be used for the payment of not 
more than 50 percent of the costs of purchasing communications equipment 
for the systems'' for ``systems (other than systems with respect to 
which grants were made as prescribed by section 300w-4(c)(2) of this 
title)''.
    Subsec. (a)(1)(H). Pub. L. 100-607, Sec. 301(b)(5), added subpar. 
(H).
    1986--Subsec. (a)(1)(G). Pub. L. 99-646 and Pub. L. 99-654 amended 
subpar. (G) identically, substituting ``victims of sex offenses and for 
prevention of sex offenses'' for ``rape victims and for rape 
prevention''.
    1983--Subsec. (a)(1)(F). Pub. L. 97-414 inserted ``(other than 
systems with respect to which grants were made as prescribed by section 
300w-4(c)(2) of this title)'' after ``equipment for the systems''.


                    Effective Date of 1986 Amendments

    Amendments by Pub. L. 99-646 and Pub. L. 99-654 effective 30 days 
after Nov. 10, 1986, and 30 days after Nov. 14, 1986, respectively, see 
section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-654, set out 
as an Effective Date note under section 2241 of Title 18, Crimes and 
Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in sections 300w-2, 300w-4, 300w-5, 
300w-9, 300w-10 of this title.
