1. U.S. Code
  2. title 42
  3. chapter 6A
  4. subchapter XVII
  5. part B
  6. subpartiii
  7. § 300x-64

Collapse to view only § 300x-64. Definitions

§ 300x–51. Opportunity for public comment on State plans

A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will make the plan required in section 300x–1 of this title, and the plan required in section 300x–32 of this title, respectively, public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during the development of the plan (including any revisions) and after the submission of the plan to the Secretary.

(July 1, 1944, ch. 373, title XIX, § 1941, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 403.)

CITE AS: 42 USC 300x-51

§ 300x–52. Requirement of reports and audits by States
(a) Report
A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will submit to the Secretary a report in such form and containing such information as the Secretary determines (after consultation with the States) to be necessary for securing a record and a description of—
(1) the purposes for which the grant received by the State for the preceding fiscal year under the program involved were expended and a description of the activities of the State under the program;
(2) the recipients of amounts provided in the grant; and
(3) the amount provided to each recipient in the previous fiscal year.
(b) Audits
(c) Availability to public
A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will—
(1) make copies of the reports and audits described in this section available for public inspection within the State; and
(2) provide copies of the report under subsection (a), upon request, to any interested person (including any public agency).
(July 1, 1944, ch. 373, title XIX, § 1942, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 403; amended Pub. L. 104–316, title I, § 122(e), Oct. 19, 1996, 110 Stat. 3837; Pub. L. 117–328, div. FF, title I, § 1246, Dec. 29, 2022, 136 Stat. 5679.)

CITE AS: 42 USC 300x-52

§ 300x–53. Additional requirements
(a) In general
A funding agreement for a grant under section 300x or 300x–21 of this title is that the State involved will—
(1)
(A) for the fiscal year for which the grant involved is provided, provide for independent peer review to assess the quality, appropriateness, and efficacy of treatment services provided in the State to individuals under the program involved; and
(B) ensure that, in the conduct of such peer review, not fewer than 5 percent of the entities providing services in the State under such program are reviewed (which 5 percent is representative of the total population of such entities);
(2) permit and cooperate with Federal investigations undertaken in accordance with section 300x–55 of this title; and
(3) provide to the Secretary any data required by the Secretary pursuant to subsections (c) and (d) of section 290aa–4 of this title and will cooperate with the Secretary in the development of uniform criteria for the collection of data pursuant to such section.
(b) Patient records
(July 1, 1944, ch. 373, title XIX, § 1943, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 404; amended Pub. L. 102–352, § 2(a)(12), Aug. 26, 1992, 106 Stat. 939; Pub. L. 114–255, div. B, title VIII, § 8003(1), Dec. 13, 2016, 130 Stat. 1232.)

CITE AS: 42 USC 300x-53

§ 300x–54. Disposition of certain funds appropriated for allotments
(a) In general
(b) Specification of amountsThe amounts referred to in subsection (a) are any amounts that—
(1) are not paid to States under the program involved as a result of—
(A) the failure of any State to submit an application in accordance with the program;
(B) the failure of any State to prepare such application in compliance with the program; or
(C) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State under the program;
(2) are terminated, repaid, or offset under section 300x–55 of this title;
(3) in the case of the program established in section 300x of this title, are available as a result of reductions in allotments under such section pursuant to section 300x–1(d) or 300x–4(b) of this title; or
(4) in the case of the program established in section 300x–21 of this title, are available as a result of reductions in allotments under such section pursuant to section 300x–26 or 300x–30 of this title.
(July 1, 1944, ch. 373, title XIX, § 1944, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 404.)

CITE AS: 42 USC 300x-54

§ 300x–55. Failure to comply with agreements
(a) Suspension or termination of payments
(b) Repayment of payments
(1) In general
(2) Offset against payments
(c) Withholding of payments
(1) In general
(2) Termination of withholding
(d) Applicability of remedies to certain violations
(1) In general
(2) Relevant conditions
For purposes of paragraph (1):
(A) In the case of the program established in section 300x of this title, a condition referred to in this paragraph is the condition established in section 300x–1(d) of this title and the condition established in section 300x–4(b) of this title.
(B) In the case of the program established in section 300x–21 of this title, a condition referred to in this paragraph is the condition established in section 300x–26 of this title and the condition established in section 300x–30 of this title.
(e) Opportunity for hearing
(f) Requirement of hearing in certain circumstances
(1) In general
(2) Finding of material noncompliance
(g) Certain investigations
(1) Requirement regarding Secretary
(2) Provision of records, etc., upon request
(3) Limitations on authority
(July 1, 1944, ch. 373, title XIX, § 1945, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 405.)

CITE AS: 42 USC 300x-55

§ 300x–56. Prohibitions regarding receipt of funds
(a) Establishment
(1)
(2) Concealing or failing to disclose certain events
(b) Criminal penalty for violation of prohibition
(July 1, 1944, ch. 373, title XIX, § 1946, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 406.)

CITE AS: 42 USC 300x-56

§ 300x–57. Nondiscrimination
(a) In general
(1) Rule of construction regarding certain civil rights laws
(2) Prohibition
(b) Enforcement
(1) Referrals to Attorney General after notice
Whenever the Secretary finds that a State, or an entity that has received a payment pursuant to section 300x or 300x–21 of this title, has failed to comply with a provision of law referred to in subsection (a)(1), with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), the Secretary shall notify the chief executive officer of the State and shall request the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary may—
(A) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted;
(B) exercise the powers and functions provided by the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], or title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], as may be applicable; or
(C) take such other actions as may be authorized by law.
(2) Authority of Attorney General
(July 1, 1944, ch. 373, title XIX, § 1947, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 407.)

CITE AS: 42 USC 300x-57

§ 300x–58. Technical assistance and provision of supplies and services in lieu of grant funds
(a) Technical assistance
(b) Provision of supplies and services in lieu of grant funds
(1) In general
(2) Corresponding reduction in payments
(July 1, 1944, ch. 373, title XIX, § 1948, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 408.)

CITE AS: 42 USC 300x-58

§ 300x–59. Plans for performance partnerships
(a) Development
The Secretary in conjunction with States and other interested groups shall develop separate plans for the programs authorized under subparts I and II for creating more flexibility for States and accountability based on outcome and other performance measures. The plans shall each include—
(1) a description of the flexibility that would be given to the States under the plan;
(2) the common set of performance measures that would be used for accountability, including measures that would be used for the program under subpart II for pregnant addicts, HIV transmission, tuberculosis, and those with a co-occurring substance use disorders and mental disorders, and for programs under subpart I for children with serious emotional disturbance and adults with serious mental illness and for individuals with co-occurring mental health and substance use disorders disorders; 1
1 So in original.
(3) the definitions for the data elements to be used under the plan;
(4) the obstacles to implementation of the plan and the manner in which such obstacles would be resolved;
(5) the resources needed to implement the performance partnerships under the plan; and
(6) an implementation strategy complete with recommendations for any necessary legislation.
(b) Submission
(c) Information
(d) Participants
(July 1, 1944, ch. 373, title XIX, § 1949, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 408; amended Pub. L. 106–310, div. B, title XXXIV, § 3403(a), Oct. 17, 2000, 114 Stat. 1219; Pub. L. 117–328, div. FF, title I, § 1241(a)(11), Dec. 29, 2022, 136 Stat. 5678.)

CITE AS: 42 USC 300x-59

§ 300x–60. Rule of construction regarding delegation of authority to States

With respect to States receiving grants under section 300x or 300x–21 of this title, this part may not be construed to authorize the Secretary to delegate to the States the primary responsibility for interpreting the governing provisions of this part.

(July 1, 1944, ch. 373, title XIX, § 1950, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 408.)

CITE AS: 42 USC 300x-60

§ 300x–61. Solicitation of views of certain entities

In carrying out this part, the Secretary, as appropriate, shall solicit the views of the States and other appropriate entities.

(July 1, 1944, ch. 373, title XIX, § 1951, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 408.)

CITE AS: 42 USC 300x-61

§ 300x–62. Availability to States of grant payments

Any amounts paid to a State for a fiscal year under section 300x or 300x–21 of this title shall be available for obligation and expenditure until the end of the fiscal year following the fiscal year for which the amounts were paid.

(July 1, 1944, ch. 373, title XIX, § 1952, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 409; amended Pub. L. 106–310, div. B, title XXXIV, § 3403(b), Oct. 17, 2000, 114 Stat. 1220.)

CITE AS: 42 USC 300x-62

§ 300x–63. Continuation of certain programs
(a) In general
(b) Expenditure of amounts
(c) Definitions
(July 1, 1944, ch. 373, title XIX, § 1953, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 409; amended Pub. L. 114–255, div. B, title VIII, § 8003(2), Dec. 13, 2016, 130 Stat. 1233.)

CITE AS: 42 USC 300x-63

§ 300x–64. Definitions
(a) Definitions for this subpart
For purposes of this subpart:
(1) The term “program involved” means the program of grants established in section 300x or 300x–21 of this title, or both, as indicated by whether the State involved is receiving or is applying to receive a grant under section 300x or 300x–21 of this title, or both.
(2)
(A) The term “funding agreement”, with respect to a grant under section 300x of this title, has the meaning given such term in section 300x–8 of this title.
(B) The term “funding agreement”, with respect to a grant under section 300x–21 of this title, has the meaning given such term in section 300x–34 of this title.
(b) Definitions for this part
For purposes of this part:
(1) The term “Comptroller General” means the Comptroller General of the United States.
(2) The term “State”, except as provided in sections 300x–7(c)(5) of this title and 300x–33(c)(5) of this title, means each of the several States, the District of Columbia, and each of the territories of the United States.
(3) The term “territories of the United States” means each of the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Palau, the Marshall Islands, and Micronesia.
(4) The term “interim services”, in the case of an individual in need of treatment for substance use disorders who has been denied admission to a program of such treatment on the basis of the lack of the capacity of the program to admit the individual, means services for reducing the adverse health effects of such disorders, for promoting the health of the individual, and for reducing the risk of transmission of disease, which services are provided until the individual is admitted to such a program.
(July 1, 1944, ch. 373, title XIX, § 1954, as added Pub. L. 102–321, title II, § 203(a), July 10, 1992, 106 Stat. 409; amended Pub. L. 117–328, div. FF, title I, § 1241(a)(12), Dec. 29, 2022, 136 Stat. 5678.)

CITE AS: 42 USC 300x-64

§ 300x–65. Services provided by nongovernmental organizations
(a) Purposes
The purposes of this section are—
(1) to prohibit discrimination against nongovernmental organizations and certain individuals on the basis of religion in the distribution of government funds to provide substance abuse services under this subchapter and subchapter III–A, and the receipt of services under such subchapters; and
(2) to allow the organizations to accept the funds to provide the services to the individuals without impairing the religious character of the organizations or the religious freedom of the individuals.
(b) Religious organizations included as nongovernmental providers
(1) In general
(2) Requirement
(c) Religious character and independence
(1) In general
(2) Additional safeguards
Neither the Federal Government nor a State or local government shall require a religious organization—
(A) to alter its form of internal governance; or
(B) to remove religious art, icons, scripture, or other symbols,
in order to be eligible to provide services under any substance abuse program under this subchapter or subchapter III–A.
(d) Employment practices
(1) Substance abuse
(2) Title VII exemption
(e) Rights of beneficiaries of assistance
(1) In general
If an individual described in paragraph (3) has an objection to the religious character of the organization from which the individual receives, or would receive, services funded under any substance abuse program under this subchapter or subchapter III–A, the appropriate Federal, State, or local governmental entity shall provide to such individual (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, services that—
(A) are from an alternative provider that is accessible to the individual; and
(B) have a value that is not less than the value of the services that the individual would have received from such organization.
(2) Notice
(3) Individual described
(f) Nondiscrimination against beneficiaries
(g) Fiscal accountability
(1) In general
(2) Limited audit
(h) Compliance
(i) Limitations on use of funds for certain purposes
(j) Effect on State and local funds
(k) Treatment of intermediate contractors
(July 1, 1944, ch. 373, title XIX, § 1955, as added Pub. L. 106–310, div. B, title XXXIII, § 3305, Oct. 17, 2000, 114 Stat. 1212.)

CITE AS: 42 USC 300x-65

§ 300x–66. Services for individuals with co-occurring disorders

States may use funds available for treatment under sections 300x and 300x–21 of this title to treat persons with co-occurring substance use disorders and mental disorders as long as funds available under such sections are used for the purposes for which they were authorized by law and can be tracked for accounting purposes.

(July 1, 1944, ch. 373, title XIX, § 1956, as added Pub. L. 106–310, div. B, title XXXIV, § 3407, Oct. 17, 2000, 114 Stat. 1222; amended Pub. L. 117–328, div. FF, title I, § 1241(a)(13), Dec. 29, 2022, 136 Stat. 5678.)

CITE AS: 42 USC 300x-66

§ 300x–67. Public health emergencies

In the case of a public health emergency (as determined under section 247d of this title), the Secretary, on a State by State basis, may, as the circumstances of the emergency reasonably require and for the period of the emergency, grant an extension, or waive application deadlines or compliance with any other requirement, of a grant authorized under section 290cc–21, 300x, or 300x–21 of this title or an allotment authorized under Public Law 99–319 (42 U.S.C. 10801 et seq.).

(July 1, 1944, ch. 373, title XIX, § 1957, as added Pub. L. 114–255, div. B, title VIII, § 8003(3), Dec. 13, 2016, 130 Stat. 1233.)

CITE AS: 42 USC 300x-67

§ 300x–68. Joint applications

The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall permit a joint application to be submitted for grants under subpart I and subpart II upon the request of a State. Such application may be jointly reviewed and approved by the Secretary with respect to such subparts, consistent with the purposes and authorized activities of each such grant program. A State submitting such a joint application shall otherwise meet the requirements with respect to each such subpart.

(July 1, 1944, ch. 373, title XIX, § 1958, as added Pub. L. 114–255, div. B, title VIII, § 8003(3), Dec. 13, 2016, 130 Stat. 1233.)

CITE AS: 42 USC 300x-68