
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-26]

 
                 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-26. State law regarding sale of tobacco products to 
        individuals under age of 18
        

(a) Relevant law

                           (1) In general

        Subject to paragraph (2), for fiscal year 1994 and subsequent 
    fiscal years, the Secretary may make a grant under section 300x-21 
    of this title only if the State involved has in effect a law 
    providing that it is unlawful for any manufacturer, retailer, or 
    distributor of tobacco products to sell or distribute any such 
    product to any individual under the age of 18.

            (2) Delayed applicability for certain States

        In the case of a State whose legislature does not convene a 
    regular session in fiscal year 1993, and in the case of a State 
    whose legislature does not convene a regular session in fiscal year 
    1994, the requirement described in paragraph (1) as a condition of a 
    receipt of a grant under section 300x-21 of this title shall apply 
    only for fiscal year 1995 and subsequent fiscal years.

(b) Enforcement

                           (1) In general

        For the first applicable fiscal year and for subsequent fiscal 
    years, a funding agreement for a grant under section 300x-21 of this 
    title is that the State involved will enforce the law described in 
    subsection (a) of this section in a manner that can reasonably be 
    expected to reduce the extent to which tobacco products are 
    available to individuals under the age of 18.

          (2) Activities and reports regarding enforcement

        For the first applicable fiscal year and for subsequent fiscal 
    years, a funding agreement for a grant under section 300x-21 of this 
    title is that the State involved will--
            (A) annually conduct random, unannounced inspections to 
        ensure compliance with the law described in subsection (a) of 
        this section; and
            (B) annually submit to the Secretary a report describing--
                (i) the activities carried out by the State to enforce 
            such law during the fiscal year preceding the fiscal year 
            for which the State is seeking the grant;
                (ii) the extent of success the State has achieved in 
            reducing the availability of tobacco products to individuals 
            under the age of 18; and
                (iii) the strategies to be utilized by the State for 
            enforcing such law during the fiscal year for which the 
            grant is sought.

(c) Noncompliance of State

    Before making a grant under section 300x-21 of this title to a State 
for the first applicable fiscal year or any subsequent fiscal year, the 
Secretary shall make a determination of whether the State has maintained 
compliance with subsections (a) and (b) of this section. If, after 
notice to the State and an opportunity for a hearing, the Secretary 
determines that the State is not in compliance with such subsections, 
the Secretary shall reduce the amount of the allotment under such 
section for the State for the fiscal year involved by an amount equal 
to--
        (1) in the case of the first applicable fiscal year, 10 percent 
    of the amount determined under section 300x-33 of this title for the 
    State for the fiscal year;
        (2) in the case of the first fiscal year following such 
    applicable fiscal year, 20 percent of the amount determined under 
    section 300x-33 of this title for the State for the fiscal year;
        (3) in the case of the second such fiscal year, 30 percent of 
    the amount determined under section 300x-33 of this title for the 
    State for the fiscal year; and
        (4) in the case of the third such fiscal year or any subsequent 
    fiscal year, 40 percent of the amount determined under section 300x-
    33 of this title for the State for the fiscal year.

(d) ``First applicable fiscal year'' defined

    For purposes of this section, the term ``first applicable fiscal 
year'' means--
        (1) fiscal year 1995, in the case of any State described in 
    subsection (a)(2) of this section; and
        (2) fiscal year 1994, in the case of any other State.

(July 1, 1944, ch. 373, title XIX, Sec. 1926, as added Pub. L. 102-321, 
title II, Sec. 202, July 10, 1992, 106 Stat. 394.)


                            Prior Provisions

    A prior section 1926 of act July 1, 1944, was classified to section 
300x-12 of this title prior to repeal by Pub. L. 102-321.
    Another prior section 1926 of act July 1, 1944, was classified to 
section 300y-5 of this title prior to repeal by Pub. L. 99-280.

                  Section Referred to in Other Sections

    This section is referred to in sections 300x-54, 300x-55 of this 
title.
