
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: 42USC300y]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
           Part C--Certain Programs Regarding Substance Abuse
 
        subpart i--expansion of capacity for providing treatment
 
Sec. 300y. Categorical grants to States


(a) Grants for States with insufficient capacity

                           (1) In general

        The Secretary, acting through the Director of the Center for 
    Substance Abuse Treatment, may make grants to States for the purpose 
    of increasing the maximum number of individuals to whom public and 
    nonprofit private entities in the States are capable of providing 
    effective treatment for substance abuse.

                         (2) Eligible States

        The Director may not make a grant under subsection (a) of this 
    section to a State unless the number of individuals seeking 
    treatment services in the State significantly exceeds the maximum 
    number described in paragraph (1) that is applicable to the State.

(b) Priority in making grants

        (1) Residential treatment services for pregnant women

        In making grants under subsection (a) of this section, the 
    Director shall give priority to States that agree to give priority 
    in the expenditure of the grant to carrying out the purpose 
    described in such subsection as the purpose relates to the provision 
    of residential treatment services to pregnant women.

          (2) Additional priority regarding matching funds

        In the case of any application for a grant under subsection (a) 
    of this section that is receiving priority under paragraph (1), the 
    Director shall give further priority to the application if the State 
    involved agrees as a condition of receiving the grant to provide 
    non-Federal contributions under subsection (c) of this section in a 
    greater amount than the amount required under such subsection for 
    the applicable fiscal year.

(c) Requirement of matching funds

                           (1) In general

        Subject to paragraph (3), the Director may not make a grant 
    under subsection (a) of this section unless the State agrees, with 
    respect to the costs of the program to be carried out by the State 
    pursuant to such subsection, to make available (directly or through 
    donations from public or private entities) non-Federal contributions 
    toward such costs in an amount that is--
            (A) for the first fiscal year for which the State receives 
        such a grant, not less than $1 for each $9 of Federal funds 
        provided in the grant;
            (B) for any second or third such fiscal year, not less than 
        $1 for each $9 of Federal funds provided in the grant; and
            (C) for any subsequent such fiscal year, not less than $1 
        for each $3 of Federal funds provided in the grant.

       (2) Determination of amount of non-Federal contribution

        Non-Federal contributions required in paragraph (1) may be in 
    cash or in kind, fairly evaluated, including plant, equipment, or 
    services. Amounts provided by the Federal Government, or services 
    assisted or subsidized to any significant extent by the Federal 
    Government, may not be included in determining the amount of such 
    non-Federal contributions.

                             (3) Waiver

        The Director may waive the requirement established in paragraph 
    (1) if the Director determines that extraordinary economic 
    conditions in the State justify the waiver.

(d) Limitation regarding direct treatment services

    The Director may not make a grant under subsection (a) of this 
section unless the State involved agrees that the grant will be expended 
only for the direct provision of treatment services. The preceding 
sentence may not be construed to authorize the expenditure of such a 
grant for the planning or evaluation of treatment services.

(e) Requirement of application

    The Secretary may not make a grant under subsection (a) of this 
section unless an application for the grant is submitted to the 
Secretary and the application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.

(f) Duration of grant

    The period during which payments are made to a State from a grant 
under subsection (a) of this section may not exceed 5 years. The 
provision of such payments shall be subject to annual approval by the 
Director of the payments and subject to the availability of 
appropriations for the fiscal year involved to make the payments.

(g) Maintenance of effort

    The Director may not make a grant under subsection (a) of this 
section unless the State involved agrees to maintain State expenditures 
for substance abuse treatment services at a level that is not less than 
the average level of such expenditures maintained by the State for the 
2-year period preceding the first fiscal year for which the State 
receives such a grant.

(h) Restrictions on use of grant

    The Director may not make a grant under subsection (a) of this 
section unless the State involved agrees that the grant will not be 
expended--
        (1) to provide inpatient hospital services;
        (2) to make cash payments to intended recipients of health 
    services;
        (3) to purchase or improve land, purchase, construct, or 
    permanently improve (other than minor remodeling) any building or 
    other facility, or purchase major medical equipment;
        (4) to satisfy any requirement for the expenditure of non-
    Federal funds as a condition for the receipt of Federal funds; or
        (5) to provide financial assistance to any entity other than a 
    public or nonprofit private entity.

(i) Definitions

    For purposes of this section--
        (1) The term ``Director'' means the Director of the Center for 
    Substance Abuse Treatment.
        (2) The term ``substance abuse'' means the abuse of alcohol or 
    other drugs.

(j) Authorization of appropriations

    For the purpose of carrying out this section, there are authorized 
to be appropriated $86,000,000 for fiscal year 1993, and such sums as 
may be necessary for fiscal year 1994.

(July 1, 1944, ch. 373, title XIX, Sec. 1971, as added Pub. L. 102-321, 
title II, Sec. 204, July 10, 1992, 106 Stat. 410; amended Pub. L. 102-
352, Sec. 2(a)(13), Aug. 26, 1992, 106 Stat. 939.)


                            Prior Provisions

    A prior section 300y, act July 1, 1944, ch. 373, title XIX, 
Sec. 1921, as added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 
100 Stat. 3207-103, related to establishment of special alcohol abuse 
and drug abuse programs, prior to repeal by Pub. L. 100-690, title II, 
Sec. 2038(1), Nov. 18, 1988, 102 Stat. 4203.
    Another prior section 300y, act July 1, 1944, ch. 373, title XIX, 
Sec. 1921, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 
Stat. 552, related to planning grants, prior to repeal by Pub. L. 99-
280, Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Prior sections 300y-1 and 300y-2 were repealed by Pub. L. 100-690, 
title II, Sec. 2038(1), Nov. 18, 1988, 102 Stat. 4203.
    Section 300y-1, act July 1, 1944, ch. 373, title XIX, Sec. 1922, as 
added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 100 Stat. 
3207-106, related to transfer of funds to Administrator of Veterans' 
Affairs.
    Another prior section 300y-1, act July 1, 1944, ch. 373, title XIX, 
Sec. 1922, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 
Stat. 552, authorized appropriations, prior to repeal by Pub. L. 99-280, 
Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Section 300y-2, act July 1, 1944, ch. 373, title XIX, Sec. 1923, as 
added Oct. 27, 1986, Pub. L. 99-570, title IV, Sec. 4002, 100 Stat. 
3207-106, related to evaluation of treatment programs.
    Another prior section 300y-2, act July 1, 1944, ch. 373, title XIX, 
Sec. 1923, as added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 
Stat. 552, provided for grants under section 254c of this title, prior 
to repeal by Pub. L. 99-280, Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Prior sections 300y-3 to 300y-10 were repealed by Pub. L. 99-280, 
Sec. 5, Apr. 24, 1986, 100 Stat. 400.
    Section 300y-3, act July 1, 1944, ch. 373, title XIX, Sec. 1924, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 553, 
provided that allotments be based upon prior year distributions and 
provided for direct distributions to Indian tribes.
    Section 300y-4, act July 1, 1944, ch. 373, title XIX, Sec. 1925, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 553, 
related to payments under allotments to States.
    Section 300y-5, act July 1, 1944, ch. 373, title XIX, Sec. 1926, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 554, 
related to State grants to community health centers from allotments.
    Section 300y-6, act July 1, 1944, ch. 373, title XIX, Sec. 1927, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 556, 
related to application requirements and submittal, availability for 
public comment, and revision of a description of intended use of funds.
    Section 300y-7, act July 1, 1944, ch. 373, title XIX, Sec. 1928, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 557, 
related to reporting and auditing requirements.
    Section 300y-8, act July 1, 1944, ch. 373, title XIX, Sec. 1929, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 558, 
related to withholding of funds from a State not in compliance.
    Section 300y-9, act July 1, 1944, ch. 373, title XIX, Sec. 1930, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 558, 
related to nondiscrimination requirements.
    Section 300y-10, act July 1, 1944, ch. 373, title XIX, Sec. 1931, as 
added Aug. 13, 1981, Pub. L. 97-35, title IX, Sec. 901, 95 Stat. 559, 
provided criminal penalty for false statements.


                               Amendments

    1992--Subsec. (g). Pub. L. 102-352 inserted ``substance abuse'' 
before ``treatment services''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-352 effective immediately upon effectuation 
of amendment made by Pub. L. 102-321, see section 3(1) of Pub. L. 102-
352, set out as a note under section 285n of this title.


                             Effective Date

    Section effective July 10, 1992, with programs making awards 
providing financial assistance in fiscal year 1993 and subsequent years 
effective for awards made on or after Oct. 1, 1992, see section 801(b), 
(d)(1) of Pub. L. 102-321, set out as an Effective Date of 1992 
Amendment note under section 236 of this title.
