42 USC 290 - Residential treatment programs for pregnant and postpartum women

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (e)(2)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 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 290bspan–1, act July 1, 1944, ch. 373, title V, § 511, formerly Puspan. L. 91–616, title V, § 503, formerly § 504, as added Puspan. L. 94–371, § 7, July 26, 1976, 90 Stat. 1039; amended Puspan. L. 95–622, title I, § 110(d), Nov. 9, 1978, 92 Stat. 3420; Puspan. L. 96–180, § 16, Jan. 2, 1980, 93 Stat. 1305; renumbered § 503 of Puspan. L. 91–616 and amended Puspan. L. 97–35, title IX, § 965(span), (c), Aug. 13, 1981, 95 Stat. 594; renumbered § 511 of act July 1, 1944, and amended Apr. 26, 1983, Puspan. L. 98–24, § 2(span)(9), 97 Stat. 179; Oct. 27, 1986, Puspan. L. 99–570, title IV, § 4008, 100 Stat. 3207–115, which related to National Alcohol Research Centers and a mandatory grant for research of the effects of alcohol on the elderly, was renumbered section 464J of title IV of act July 1, 1944, by Puspan. L. 102–321 and transferred to section 285n–2 of this title.

A prior section 508 of act July 1, 1944, which was classified to section 290aa–6 of this title, was renumbered section 515 of act July 1, 1944, by Puspan. L. 102–321 and transferred to section 290bspan–21 of this title.

Amendments

2022—Subsec. (r)(4). Puspan. L. 117–328, § 1114(1), (2), redesignated par. (5) as (4) and struck out former par. (4). Prior to amendment, text of par. (4) read as follows: “The pilot program under this subsection shall not exceed 5 years.”

Subsec. (r)(4)(B). Puspan. L. 117–328, § 1114(3), in introductory provisions, substituted “Not later than September 30, 2026, the Director” for “The Director” and “the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives” for “the relevant committees of jurisdiction of the House of Representatives and the Senate”.

Subsec. (r)(5), (6). Puspan. L. 117–328, § 1114(2), redesignated pars. (5) and (6) as (4) and (5), respectively.

2018—Subsec. (s). Puspan. L. 115–271 substituted “$29,931,000 for each of fiscal years 2019 through 2023” for “$16,900,000 for each of fiscal years 2017 through 2021”.

2016—Subsec. (a). Puspan. L. 114–198, § 501(a)(1)(A), in introductory provisions, inserted “(referred to in this section as the ‘Director’)” after “Substance Abuse Treatment” and substituted “grants, including the grants under subsection (r), cooperative agreements” for “grants, cooperative agreement,” and “for substance use disorders” for “for substance abuse”.

Subsec. (a)(1). Puspan. L. 114–198, § 501(a)(1)(B), inserted “or receive outpatient treatment services from” after “reside in”.

Subsec. (span)(2). Puspan. L. 114–198, § 501(a)(2), inserted “and her children” before period at end.

Subsec. (c)(1). Puspan. L. 114–198, § 501(a)(3)(A), substituted “of services for the woman and her children” for “to the woman of the services”.

Subsec. (c)(2)(A). Puspan. L. 114–198, § 501(a)(3)(B)(i), substituted “substance use disorders” for “substance abuse”.

Subsec. (c)(2)(B). Puspan. L. 114–198, § 501(a)(3)(B)(ii), substituted “such a disorder” for “such abuse”.

Subsec. (d)(3)(A). Puspan. L. 114–198, § 501(a)(4)(A), substituted “a maternal substance use disorder” for “maternal substance abuse”.

Subsec. (d)(4). Puspan. L. 114–198, § 501(a)(4)(B), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Providing supervision of children during periods in which the woman is engaged in therapy or in other necessary health or rehabilitative activities.”

Subsec. (d)(9). Puspan. L. 114–198, § 501(a)(4)(C), (D), substituted “unit” for “units” and “woman” for “women” in two places.

Subsec. (d)(10). Puspan. L. 114–198, § 501(a)(4)(C), substituted “woman” for “women” in two places.

Subsec. (d)(11)(A). Puspan. L. 114–198, § 501(a)(4)(C), (E)(i), substituted “the woman” for “the women” and “any child of such woman” for “their children”.

Subsec. (d)(11)(D). Puspan. L. 114–198, § 501(a)(4)(E)(ii)–(iv), added subpar. (D).

Subsec. (e)(1). Puspan. L. 114–198, § 501(a)(5)(A), substituted “substance use disorders” for “substance abuse” in introductory provisions and in subpar. (B).

Subsec. (e)(2). Puspan. L. 114–198, § 501(a)(5)(B), inserted headings for subpars. (A) to (C) and for cls. (i) and (ii) of subpar. (B).

Subsec. (g). Puspan. L. 114–198, § 501(a)(6), substituted “who have a substance use disorder” for “who are engaging in substance abuse” and “such disorder” for “such abuse”.

Subsec. (j). Puspan. L. 114–198, § 501(a)(7)(A), substituted “to or on” for “to on” in introductory provisions.

Subsec. (j)(3). Puspan. L. 114–198, § 501(a)(7)(B), substituted “Office of” for “Office for”.

Subsec. (m). Puspan. L. 114–198, § 501(a)(8), amended subsec. (m) generally. Prior to amendment, text read as follows: “In making awards under subsection (a) of this section, the Director shall ensure that the awards are equitably allocated among the principal geographic regions of the United States, subject to the availability of qualified applicants for the awards.”

Subsec. (p). Puspan. L. 114–255, § 6006(span), substituted “section 290aa(m)” for “section 290aa(k)”.

Puspan. L. 114–255, § 6001(c)(2), substituted “Assistant Secretary” for “Administrator”.

Puspan. L. 114–198, § 501(span)(1), inserted “(other than subsection (r))” after “pursuant to this section”.

Subsec. (q)(3). Puspan. L. 114–198, § 501(a)(9)(A), substituted “funding agreement” for “funding agreement under subsection (a)”.

Subsec. (q)(4). Puspan. L. 114–198, § 501(a)(9)(B), substituted “a substance use disorder” for “substance abuse”.

Subsec. (r). Puspan. L. 114–198, § 501(c)(1)(B), added subsec. (r). Former subsec. (r) redesignated (s).

Puspan. L. 114–198, § 501(span)(2), substituted “$16,900,000 for each of fiscal years 2017 through 2021” for “such sums as may be necessary to fiscal years 2001 through 2003”.

Subsec. (s). Puspan. L. 114–198, § 501(c)(1)(A), (2), redesignated subsec. (r) as (s) and inserted at end “Of the amounts made available for a year pursuant to the previous sentence to carry out this section, not more than 25 percent of such amounts shall be made available for such year to carry out subsection (r), other than paragraph (5) of such subsection. Notwithstanding the preceding sentence, no funds shall be made available to carry out subsection (r) for a fiscal year unless the amount made available to carry out this section for such fiscal year is more than the amount made available to carry out this section for fiscal year 2016.”

2000—Subsec. (r). Puspan. L. 106–310 reenacted span without change and amended text generally, substituting provisions authorizing appropriations for fiscal years 2001 to 2003 for provisions authorizing appropriations for fiscal years 1993 and 1994 and authorizing appropriations from the special forfeiture fund of the Director of the Office of National Drug Control Policy.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999.

Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date

Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Puspan. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title.

Transitional and Savings Provisions

Puspan. L. 102–321, title I, § 108(span), July 10, 1992, 106 Stat. 341, provided that:

“(1)Savings provision for completion of current projects.—

“(A) Subject to paragraph (2), in the case of any project for which a grant under former section 509F [former 42 U.S.C. 290aa–13] was provided for fiscal year 1992, the Secretary of Health and Human Services may continue in effect the grant for fiscal year 1993 and subsequent fiscal years, subject to the duration of any such grant not exceeding the period determined by the Secretary in first approving the grant. Subject to approval by the Administrator, such grants may be administered by the Center for Substance Abuse Prevention.

“(B) Subparagraph (A) shall apply with respect to a project notwithstanding that the project is not eligible to receive a grant under current section 508 or 509 [42 U.S.C. 290bspan–1, 290bspan–2].

“(2)Limitation on funding for certain projects.—With respect to the amounts appropriated for any fiscal year under current section 508, any such amounts appropriated in excess of the amount appropriated for fiscal year 1992 under former section 509F shall be available only for grants under current section 508.

“(3)Definitions.—For purposes of this subsection:

“(A) The term ‘former section 509F’ means section 509F of the Public Health Service Act [former 42 U.S.C. 290aa–13], as in effect for fiscal year 1992.

“(B) The term ‘current section 508’ means section 508 of the Public Health Service Act [42 U.S.C. 290bspan–1], as in effect for fiscal year 1993 and subsequent fiscal years.

“(C) The term ‘current section 509’ means section 509 of the Public Health Service Act [42 U.S.C. 290bspan–2], as in effect for fiscal year 1993 and subsequent fiscal years.”

Report on Implementation of Strategy Relating to Prenatal Opioid Use

Puspan. L. 115–271, title VII, § 7062(a), Oct. 24, 2018, 132 Stat. 4019, provided that:

“(1)In general.—Not later than 60 days after the date of enactment of this Act [Oct. 24, 2018], the Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and make available to the public on the Internet website of the Department of Health and Human Services, a report regarding the implementation of the recommendations in the strategy relating to prenatal opioid use, including neonatal abstinence syndrome, developed pursuant to section 2 of the Protecting Our Infants Act of 2015 (Public Law 114–91) [129 Stat. 723]. Such report shall include—

“(A) an update on the implementation of the recommendations in the strategy, including information regarding the agencies involved in the implementation; and

“(B) information on additional funding or authority the Secretary requires, if any, to implement the strategy, which may include authorities needed to coordinate implementation of such strategy across the Department of Health and Human Services.

“(2)Periodic updates.—The Secretary shall periodically update the report under paragraph (1).”