
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300x-24]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
    Part B--Block Grants Regarding Mental Health and Substance Abuse
 
subpart ii--block grants for prevention and treatment of substance abuse
 
Sec. 300x-24. Requirements regarding tuberculosis and human 
        immunodeficiency virus
        

(a) Tuberculosis

                           (1) In general

        A funding agreement for a grant under section 300x-21 of this 
    title is that the State involved will require that any entity 
    receiving amounts from the grant for operating a program of 
    treatment for substance abuse--
            (A) will, directly or through arrangements with other public 
        or nonprofit private entities, routinely make available 
        tuberculosis services to each individual receiving treatment for 
        such abuse; and
            (B) in the case of an individual in need of such treatment 
        who is denied admission to the program on the basis of the lack 
        of the capacity of the program to admit the individual, will 
        refer the individual to another provider of tuberculosis 
        services.

                      (2) Tuberculosis services

        For purposes of paragraph (1), the term ``tuberculosis 
    services'', with respect to an individual, means--
            (A) counseling the individual with respect to tuberculosis;
            (B) testing to determine whether the individual has 
        contracted such disease and testing to determine the form of 
        treatment for the disease that is appropriate for the 
        individual; and
            (C) providing such treatment to the individual.

(b) Human immunodeficiency virus

                 (1) Requirement for certain States

        In the case of a State described in paragraph (2), a funding 
    agreement for a grant under section 300x-21 of this title is that--
            (A) with respect to individuals undergoing treatment for 
        substance abuse, the State will, subject to paragraph (3), carry 
        out 1 or more projects to make available to the individuals 
        early intervention services for HIV disease at the sites at 
        which the individuals are undergoing such treatment;
            (B) for the purpose of providing such early intervention 
        services through such projects, the State will make available 
        from the grant the percentage that is applicable for the State 
        under paragraph (4); and
            (C) the State will, subject to paragraph (5), carry out such 
        projects only in geographic areas of the State that have the 
        greatest need for the projects.

                        (2) Designated States

        For purposes of this subsection, a State described in this 
    paragraph is any State whose rate of cases of acquired immune 
    deficiency syndrome is 10 or more such cases per 100,000 individuals 
    (as indicated by the number of such cases reported to and confirmed 
    by the Director of the Centers for Disease Control for the most 
    recent calendar year for which such data are available).

       (3) Use of existing programs regarding substance abuse

        With respect to programs that provide treatment services for 
    substance abuse, a funding agreement for a grant under section 300x-
    21 of this title for a designated State is that each such program 
    participating in a project under paragraph (1) will be a program 
    that began operation prior to the fiscal year for which the State is 
    applying to receive the grant. A program that so began operation may 
    participate in a project under paragraph (1) without regard to 
    whether the program has been providing early intervention services 
    for HIV disease.

        (4) Applicable percentage regarding expenditures for 
                                  services

        (A)(i) For purposes of paragraph (1)(B), the percentage that is 
    applicable under this paragraph for a designated State is, subject 
    to subparagraph (B), the percentage by which the amount of the grant 
    under section 300x-21 of this title for the State for the fiscal 
    year involved is an increase over the amount specified in clause 
    (ii).
        (ii) The amount specified in this clause is the amount that was 
    reserved by the designated State involved from the allotment of the 
    State under section 300x-1a \1\ of this title for fiscal year 1991 
    in compliance with section 300x-4(c)(6)(A)(ii) \1\ of this title (as 
    such sections were in effect for such fiscal year).
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    \1\ See References in Text note below.
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        (B) If the percentage determined under subparagraph (A) for a 
    designated State for a fiscal year is less than 2 percent (including 
    a negative percentage, in the case of a State for which there is no 
    increase for purposes of such subparagraph), the percentage 
    applicable under this paragraph for the State is 2 percent. If the 
    percentage so determined is 2 percent or more, the percentage 
    applicable under this paragraph for the State is the percentage 
    determined under subparagraph (A), subject to not exceeding 5 
    percent.

                (5) Requirement regarding rural areas

        (A) A funding agreement for a grant under section 300x-21 of 
    this title for a designated State is that, if the State will carry 
    out 2 or more projects under paragraph (1), the State will carry out 
    1 such project in a rural area of the State, subject to subparagraph 
    (B).
        (B) The Secretary shall waive the requirement established in 
    subparagraph (A) if the State involved certifies to the Secretary 
    that--
            (i) there is insufficient demand in the State to carry out a 
        project under paragraph (1) in any rural area of the State; or
            (ii) there are no rural areas in the State.

                  (6) Manner of providing services

        With respect to the provision of early intervention services for 
    HIV disease to an individual, a funding agreement for a grant under 
    section 300x-21 of this title for a designated State is that--
            (A) such services will be undertaken voluntarily by, and 
        with the informed consent of, the individual; and
            (B) undergoing such services will not be required as a 
        condition of receiving treatment services for substance abuse or 
        any other services.

                           (7) Definitions

        For purposes of this subsection:
            (A) The term ``designated State'' means a State described in 
        paragraph (2).
            (B) The term ``early intervention services'', with respect 
        to HIV disease, means--
                (i) appropriate pretest counseling;
                (ii) testing individuals with respect to such disease, 
            including tests to confirm the presence of the disease, 
            tests to diagnose the extent of the deficiency in the immune 
            system, and tests to provide information on appropriate 
            therapeutic measures for preventing and treating the 
            deterioration of the immune system and for preventing and 
            treating conditions arising from the disease;
                (iii) appropriate post-test counseling; and
                (iv) providing the therapeutic measures described in 
            clause (ii).

            (C) The term ``HIV disease'' means infection with the 
        etiologic agent for acquired immune deficiency syndrome.

(c) Expenditure of grant for compliance with agreements

                           (1) In general

        A grant under section 300x-21 of this title may be expended for 
    purposes of compliance with the agreements required in this section, 
    subject to paragraph (2).

                           (2) Limitation

        A funding agreement for a grant under section 300x-21 of this 
    title for a State is that the grant will not be expended to make 
    payment for any service provided for purposes of compliance with 
    this section to the extent that payment has been made, or can 
    reasonably be expected to be made, with respect to such service--
            (A) under any State compensation program, under any 
        insurance policy, or under any Federal or State health benefits 
        program (including the program established in title XVIII of the 
        Social Security Act [42 U.S.C. 1395 et seq.] and the program 
        established in title XIX of such Act [42 U.S.C. 1396 et seq.]); 
        or
            (B) by an entity that provides health services on a prepaid 
        basis.

(d) Maintenance of effort

    With respect to services provided for by a State for purposes of 
compliance with this section, a funding agreement for a grant under 
section 300x-21 of this title is that the State will maintain 
expenditures of non-Federal amounts for such services at a level that is 
not less than average level of such expenditures maintained by the State 
for 2-year period preceding the first fiscal year for which the State 
receives such a grant.

(e) Applicability of certain provision

    Section 300x-31 of this title applies to this section (and to each 
other provision of this subpart).

(July 1, 1944, ch. 373, title XIX, Sec. 1924, as added Pub. L. 102-321, 
title II, Sec. 202, July 10, 1992, 106 Stat. 391.)

                       References in Text

    Section 300x-1a of this title, referred to in subsec. (b)(4)(A)(ii), 
was repealed by Pub. L. 102-321, title II, Sec. 201(2), July 10, 1992, 
106 Stat. 378.
    Section 300x-4 of this title, referred to in subsec. (b)(4)(A)(ii), 
was in the original a reference to section 1916 of act July 1, 1944, 
which was repealed by Pub. L. 102-321, title II, Sec. 201(2), July 10, 
1992, 106 Stat. 378. Section 201(2) of Pub. L. 102-321 enacted new 
sections 1915 and 1916 of act July 1, 1944, which are classified to 
sections 300x-4 and 300x-5, respectively, of this title.
    The Social Security Act, referred to in subsec. (c)(2)(A), is act 
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles XVIII and XIX 
of the Act are classified generally to subchapters XVIII (Sec. 1395 et 
seq.) and XIX (Sec. 1396 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.


                            Prior Provisions

    A prior section 1924 of act July 1, 1944, was classified to section 
300x-10 of this title prior to repeal by Pub. L. 102-321.
    Another prior section 1924 of act July 1, 1944, was classified to 
section 300y-3 of this title prior to repeal by Pub. L. 99-280.

                         Change of Name

    Centers for Disease Control changed to Centers for Disease Control 
and Prevention by Pub. L. 102-531, title III, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.

                  Section Referred to in Other Sections

    This section is referred to in section 300x-21 of this title.
