42-U.S.C.-300X-26A
§300X-26A – §300X-26A. Withholding of Substance Abuse Funding Under Section 300X-26
Pathway
Title 42 > Chapter 6A > Subchapter XVII > Part B > Subpart ii > Section 300x-26a
Details
- Reference: Section 300x-26a
- Legend: §300X-26A – §300X-26A. Withholding of Substance Abuse Funding Under Section 300X-26
- USCode Year: 2011
Provision Content
(a) No withholding from States committing additional funds for tobacco sale compliance
Except as provided by subsection (e) none of the funds appropriated for fiscal year 2010 or any subsequent fiscal year by this or any subsequent appropriations Act may be used to withhold substance abuse funding from a State pursuant to section 300x–26 of this title if such State certifies to the Secretary of Health and Human Services by May 1 of the fiscal year for which the funds are appropriated, that the State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years of age.
(b) Amount to be committed
The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such States substance abuse block grant allocation for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary under section 300x–26 of this title.
(c) Maintenance of expenditures for tobacco prevention programs and compliance activities
The State is to maintain State expenditures in such fiscal year for tobacco prevention programs and for compliance activities at a level that is not less than the level of such expenditures maintained by the State for the preceding fiscal year, and adding to that level the additional funds for tobacco compliance activities required under subsection (a). The State is to submit a report to the Secretary on all State obligations of funds for such fiscal year and all State expenditures for the preceding fiscal year for tobacco prevention and compliance activities by program activity by July 31 of such fiscal year.
(d) Timing of State obligation of additional funds
The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subsection (a) as late as July 31 of such fiscal year.
(e) Withholding from territories
None of the funds appropriated by this or any subsequent appropriations Act may be used to withhold substance abuse funding pursuant to section 300x–26 of this title from a territory that receives less than $1,000,000.
(Pub. L. 111–117, div. D, title II, §212, Dec. 16, 2009, 123 Stat. 3257.)
Codification
Section was enacted as part of the Department of Health and Human Services Appropriations Act, 2010, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010, and the Consolidated Appropriations Act, 2010, and not as part of the Public Health Service Act which comprises this chapter.
U.S. Encyclopedia of Law Coverage
42-U.S.C.-300X-7 in the Legal Encyclopedia: Public Health
In this entry about 42-U.S.C.-300X-7, find legal reference material, bibliographies and premiere content related to public health in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health-specific issues, written by authorities in the field.
Subpart ii – Block Grants For Prevention and Treatment of Substance Abuse in the Legal Encyclopedia: Public Health Service
In this entry about Subpart ii – Block Grants For Prevention and Treatment of Substance Abuse, find legal reference material, bibliographies and premiere content related to public health service in the American Encyclopedia of Law, presenting a comprehensive view of the United States public health service-specific issues, written by authorities in the field.
Part B – Block Grants Regarding Mental Health and Substance Abuse in the Legal Encyclopedia: Block Grants
In this entry about Part B – Block Grants Regarding Mental Health and Substance Abuse, find legal reference material, bibliographies and premiere content related to block grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States block grants-specific issues, written by authorities in the field.
Leave a Reply