subpart i—expansion of capacity for providing treatment
§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, §1971, as added July 10, 1992,
Prior Provisions
A prior section 300y, act July 1, 1944, ch. 373, title XIX, §1921, as added Oct. 27, 1986,
Another prior section 300y, act July 1, 1944, ch. 373, title XIX, §1921, as added Aug. 13, 1981,
Prior sections 300y–1 and 300y–2 were repealed by
Section 300y–1, act July 1, 1944, ch. 373, title XIX, §1922, as added Oct. 27, 1986,
Another prior section 300y–1, act July 1, 1944, ch. 373, title XIX, §1922, as added Aug. 13, 1981,
Section 300y–2, act July 1, 1944, ch. 373, title XIX, §1923, as added Oct. 27, 1986,
Another prior section 300y–2, act July 1, 1944, ch. 373, title XIX, §1923, as added Aug. 13, 1981,
Prior sections 300y–3 to 300y–10 were repealed by
Section 300y–3, act July 1, 1944, ch. 373, title XIX, §1924, as added Aug. 13, 1981,
Section 300y–4, act July 1, 1944, ch. 373, title XIX, §1925, as added Aug. 13, 1981,
Section 300y–5, act July 1, 1944, ch. 373, title XIX, §1926, as added Aug. 13, 1981,
Section 300y–6, act July 1, 1944, ch. 373, title XIX, §1927, as added Aug. 13, 1981,
Section 300y–7, act July 1, 1944, ch. 373, title XIX, §1928, as added Aug. 13, 1981,
Section 300y–8, act July 1, 1944, ch. 373, title XIX, §1929, as added Aug. 13, 1981,
Section 300y–9, act July 1, 1944, ch. 373, title XIX, §1930, as added Aug. 13, 1981,
Section 300y–10, act July 1, 1944, ch. 373, title XIX, §1931, as added Aug. 13, 1981,
Amendments
1992—Subsec. (g).
Effective Date of 1992 Amendment
Amendment by
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