42 U.S.C. § 629g (THE PUBLIC HEALTH AND WELFARE)
§ 629g. Discretionary and targeted grants
(a) Limitations on authorization of appropriations
In addition to any amount appropriated pursuant to section 629f of this title, there are authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2012 through 2016.
(b) Reservation of certain amounts
From the amount (if any) appropriated pursuant to subsection (a) for a fiscal year, the Secretary shall reserve amounts as follows:
(1) Evaluation, research, training, and technical assistance
The Secretary shall reserve 3.3 percent for expenditure by the Secretary for the activities described in section 629f(b)(1) of this title.
(2) State court improvements
The Secretary shall reserve 3.3 percent for grants under section 629h of this title.
(3) Indian tribes or tribal consortia
The Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with subsection (c)(1).
(c) Allotments
(1) Indian tribes or tribal consortia
From the amount (if any) reserved pursuant to subsection (b)(3) for any fiscal year, the Secretary shall allot to each Indian tribe with a plan approved under this subpart an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe bears to the total number of children in all Indian tribes with State plans so approved, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium.
(2) Territories
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subection 1 (b) for the fiscal year, the Secretary shall allot to each of the jurisdictions of Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, and American Samoa an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 623 of this title.
(3) Other States
From the amount (if any) appropriated pursuant to subsection (a) for any fiscal year that remains after applying subsection (b) and paragraph (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) which is not specified in paragraph (2) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage (as defined in section 629c(c)(2) of this title) of the State for the fiscal year.
(d) Grants
The Secretary may make a grant to a State which has a plan approved under this subpart in an amount equal to the lesser of—
(1) 75 percent of the total expenditures by the State for activities under the plan during the fiscal year or the immediately succeeding fiscal year; or
(2) the allotment of the State under subsection (c) for the fiscal year.
(e) Applicability of certain rules
The rules of subsections (b) and (c) of section 629d of this title shall apply in like manner to the amounts made available pursuant to subsection (a).
(f) Targeted grants to increase the well-being of, and to improve the permanency outcomes for, children affected by substance abuse
(1) Purpose
The purpose of this subsection is to authorize the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that are designed to increase the well-being of, improve permanency outcomes for, and enhance the safety of children who are in an out-of-home placement or are at risk of being placed in an out-of-home placement as a result of a parent’s or caretaker’s substance abuse.
(2) Regional partnership defined
(A) In general
In this subsection, the term “regional partnership” means a collaborative agreement (which may be established on an interstate or intrastate basis) entered into by at least 2 of the following:
(i) The State child welfare agency that is responsible for the administration of the State plan under this part and part E.
(ii) The State agency responsible for administering the substance abuse prevention and treatment block grant provided under subpart II of part B of title XIX of the Public Health Service Act [42 U.S.C. 300x–21 et seq.].
(iii) An Indian tribe or tribal consortium.
(iv) Nonprofit child welfare service providers.
(v) For-profit child welfare service providers.
(vi) Community health service providers.
(vii) Community mental health providers.
(viii) Local law enforcement agencies.
(ix) Judges and court personnel.
(x) Juvenile justice officials.
(xi) School personnel.
(xii) Tribal child welfare agencies (or a consortia of such agencies).
(xiii) Any other providers, agencies, personnel, officials, or entities that are related to the provision of child and family services under this subpart.
(B) Requirements
(i) State child welfare agency partner
Subject to clause (ii)(I), a regional partnership entered into for purposes of this subsection shall include the State child welfare agency that is responsible for the administration of the State plan under this part and part E as 1 of the partners.
(ii) Regional partnerships entered into by Indian tribes or tribal consortia
If an Indian tribe or tribal consortium enters into a regional partnership for purposes of this subsection, the Indian tribe or tribal consortium—
(I) may (but is not required to) include such State child welfare agency as a partner in the collaborative agreement; and
(II) may not enter into a collaborative agreement only with tribal child welfare agencies (or a consortium of such agencies).
(iii) No State agency only partnerships
If a State agency described in clause (i) or (ii) of subparagraph (A) enters into a regional partnership for purposes of this subsection, the State agency may not enter into a collaborative agreement only with the other State agency described in such clause (i) or (ii).
(3) Authority to award grants
(A) In general
In addition to amounts authorized to be appropriated to carry out this section, the Secretary shall award grants under this subsection, from the amounts reserved for each of fiscal years 2012 through 2016 under section 629f(b)(5) of this title, to regional partnerships that satisfy the requirements of this subsection, in amounts that are not less than $500,000 and not more than $1,000,000 per grant per fiscal year.
(B) Required minimum period of approval
(i) In general
A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clause (ii).
(ii) Extension of grant
On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection.
(C) Multiple grants allowed
This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection.
(4) Application requirements
To be eligible for a grant under this subsection, a regional partnership shall submit to the Secretary a written application containing the following:
(A) Recent evidence demonstrating that substance abuse has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(B) A description of the goals and outcomes to be achieved during the funding period for the grant that will—
(i) enhance the well-being of children receiving services or taking part in activities conducted with funds provided under the grant;
(ii) lead to safety and permanence for such children; and
(iii) decrease the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region.
(C) A description of the joint activities to be funded in whole or in part with the funds provided under the grant, including the sequencing of the activities proposed to be conducted under the funding period for the grant.
(D) A description of the strategies for integrating programs and services determined to be appropriate for the child and where appropriate, the child’s family.
(E) A description of the strategies for—
(i) collaborating with the State child welfare agency described in paragraph (2)(A)(i) (unless that agency is the lead applicant for the regional partnership); and
(ii) consulting, as appropriate, with—
(I) the State agency described in paragraph (2)(A)(ii); and
(II) the State law enforcement and judicial agencies.
To the extent the Secretary determines that the requirement of this subparagraph would be inappropriate to apply to a regional partnership that includes an Indian tribe, tribal consortium, or a tribal child welfare agency or a consortium of such agencies, the Secretary may exempt the regional partnership from the requirement.
(F) Such other information as the Secretary may require.
(5) Use of funds
Funds made available under a grant made under this subsection shall only be used for services or activities that are consistent with the purpose of this subsection and may include the following:
(A) Family-based comprehensive long-term substance abuse treatment services.
(B) Early intervention and preventative services.
(C) Children and family counseling.
(D) Mental health services.
(E) Parenting skills training.
(F) Replication of successful models for providing family-based comprehensive long-term substance abuse treatment services.
(6) Matching requirement
(A) Federal share
A grant awarded under this subsection shall be available to pay a percentage share of the costs of services provided or activities conducted under such grant, not to exceed—
(i) 85 percent for the first and second fiscal years for which the grant is awarded to a recipient;
(ii) 80 percent for the third and fourth such fiscal years;
(iii) 75 percent for the fifth such fiscal year;
(iv) 70 percent for the sixth such fiscal year; and
(v) 65 percent for the seventh such fiscal year.
(B) Non-Federal share
The non-Federal share of the cost of services provided or activities conducted under a grant awarded under this subsection may be in cash or in kind. In determining the amount of the non-Federal share, the Secretary may attribute fair market value to goods, services, and facilities contributed from non-Federal sources.
(7) Considerations in awarding grants
In awarding grants under this subsection, the Secretary shall take into consideration the extent to which applicant regional partnerships—
(A) demonstrate that substance abuse by parents or caretakers has had a substantial impact on the number of out-of-home placements for children, or the number of children who are at risk of being placed in an out-of-home placement, in the partnership region;
(B) have limited resources for addressing the needs of children affected by such abuse;
(C) have a lack of capacity for, or access to, comprehensive family treatment services; and
(D) demonstrate a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period.
(8) Performance indicators
(A) In general
Not later than 9 months after September 28, 2006, the Secretary shall establish indicators that will be used to assess periodically the performance of the grant recipients under this subsection in using funds made available under such grants to achieve the purpose of this subsection.
(B) Consultation required
In establishing the performance indicators required by subparagraph (A), the Secretary shall consult with the following:
(i) The Assistant Secretary for the Administration for Children and Families.
(ii) The Administrator of the Substance Abuse and Mental Health Services Administration.
(iii) Representatives of States in which a State agency described in clause (i) or (ii) of paragraph (2)(A) is a member of a regional partnership that is a grant recipient under this subsection.
(iv) Representatives of Indian tribes, tribal consortia, or tribal child welfare agencies that are members of a regional partnership that is a grant recipient under this subsection.
(9) Reports
(A) Grantee reports
(i) Annual report
Not later than September 30 of the first fiscal year in which a recipient of a grant under this subsection is paid funds under the grant, and annually thereafter until September 30 of the last fiscal year in which the recipient is paid funds under the grant, the recipient shall submit to the Secretary a report on the services provided or activities carried out during that fiscal year with such funds. The report shall contain such information as the Secretary determines is necessary to provide an accurate description of the services provided or activities conducted with such funds.
(ii) Incorporation of information related to performance indicators
Each recipient of a grant under this subsection shall incorporate into the first annual report required by clause (i) that is submitted after the establishment of performance indicators under paragraph (8), information required in relation to such indicators.
(B) Reports to Congress
On the basis of the reports submitted under subparagraph (A), the Secretary annually shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on—
(i) the services provided and activities conducted with funds provided under grants awarded under this subsection;
(ii) the performance indicators established under paragraph (8); and
(iii) the progress that has been made in addressing the needs of families with substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability.
(10) Limitation on use of funds for administrative expenses of the Secretary
Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection for each of fiscal years 2012 through 2016 may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.
(Aug. 14, 1935, ch. 531, title IV, § 437, as added Pub. L. 107–133, title I, § 106(b), Jan. 17, 2002, 115 Stat. 2417; amended Pub. L. 109–288, §§ 3(b), 4(b)(2), 5(a)(2), (b)(2), 6(f)(5), Sept. 28, 2006, 120 Stat. 1234, 1238, 1242, 1243, 1247; Pub. L. 110–234, title IV, § 4002(b)(1)(D), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(D), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 112–34, title I, §§ 102(a)(2), 103(c)(1), (2), Sept. 30, 2011, 125 Stat. 371, 373.)
heading: References in Text
text: The Public Health Service Act, referred to in subsec. (f)(2)(A)(ii), is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart II of part B of title XIX of the Act is classified generally to subpart II (§ 300x–21 et seq.) of part B of subchapter XVII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
heading: Codification
text: Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
heading: Prior Provisions
text: A prior section 437 of act Aug. 14, 1935, was classified to section 637 of this title prior to repeal by Pub. L. 100–485.
heading: Amendments
text: 2011—Subsec. (a). Pub. L. 112–34, § 102(a)(2), substituted “2012 through 2016” for “2007 through 2011”.
Subsec. (f). Pub. L. 112–34, § 103(c)(2)(A), struck out “methamphetamine or other” before “substance abuse” in heading.
Subsec. (f)(1). Pub. L. 112–34, § 103(c)(2)(B), struck out “methamphetamine or other” before “substance abuse”.
Subsec. (f)(3)(A). Pub. L. 112–34, § 103(c)(1), substituted “2012 through 2016” for “2007 through 2011”.
Subsec. (f)(3)(B), (C). Pub. L. 112–34, § 103(c)(2)(C), added subpars. (B) and (C) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years.”
Subsec. (f)(4)(A). Pub. L. 112–34, § 103(c)(2)(B), struck out “methamphetamine or other” before “substance abuse”.
Subsec. (f)(6)(A)(iv), (v). Pub. L. 112–34, § 103(c)(2)(D), added cls. (iv) and (v).
Subsec. (f)(7). Pub. L. 112–34, § 103(c)(2)(E), substituted “shall” for “shall—”, struck out subpar. (A) designation before “take”, substituted period for “; and” at end of cl. (iv), redesignated cls. (i) to (iv) of former subpar. (A) as subpars. (A) to (D), respectively, of par. (7) and realigned margins, and struck out subpar. (B) which read as follows: “after taking such factors into consideration, give greater weight to awarding grants to regional partnerships that propose to address methamphetamine abuse and addiction in the partnership region (alone or in combination with other drug abuse and addiction) and which demonstrate that methamphetamine abuse and addiction (alone or in combination with other drug abuse and addiction) is adversely affecting child welfare in the partnership region.”
Subsec. (f)(7)(A)(i). Pub. L. 112–34, § 103(c)(2)(B), struck out “methamphetamine or other” before “substance abuse”.
Subsec. (f)(9)(B)(iii). Pub. L. 112–34, § 103(c)(2)(B), struck out “methamphetamine or other” before “substance abuse”.
Subsec. (f)(10). Pub. L. 112–34, § 103(c)(2)(F), added par. (10).
2008—Subsec. (c)(3). Pub. L. 110–246, § 4002(b)(1)(D), (2)(V), substituted “supplemental nutrition assistance program benefits” for “food stamp”.
2006—Pub. L. 109–288, § 4(b)(2)(B)(i), inserted “and targeted” after “Discretionary” in section catchline.
Subsec. (a). Pub. L. 109–288, § 3(b), substituted “2007 through 2011” for “2002 through 2006”.
Subsec. (b)(3). Pub. L. 109–288, § 5(b)(2)(A), inserted “or tribal consortia” after “Indian tribes” in heading and text.
Pub. L. 109–288, § 5(a)(2), substituted “3 percent” for “2 percent”.
Subsec. (c)(1). Pub. L. 109–288, § 5(b)(2)(B), inserted “or tribal consortia” after “tribes” in heading and inserted at end “If a consortium of Indian tribes applies and is approved for a grant under this section, the Secretary shall allot to the consortium an amount equal to the sum of the allotments determined for each Indian tribe that is part of the consortium.”
Subsec. (c)(2). Pub. L. 109–288, § 6(f)(5), substituted “section 623” for “section 621”.
Subsec. (e). Pub. L. 109–288, § 4(b)(2)(B)(ii), substituted “subsection (a)” for “this section”.
Subsec. (f). Pub. L. 109–288, § 4(b)(2)(A), added subsec. (f).
heading: Effective Date of 2011 Amendment
text: Amendment by Pub. L. 112–34 effective Oct. 1, 2011, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 107 of Pub. L. 112–34, set out as a note under section 622 of this title.
heading: Effective Date of 2008 Amendment
text: Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by section 4002(b)(1)(D), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–288 effective Oct. 1, 2006, and applicable to payments under this part and part E of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109–288, set out as a note under section 621 of this title.
heading: Effective Date
text: Section effective Jan. 17, 2002, with delay permitted if State legislation is required, see section 301 of Pub. L. 107–133, set out as an Effective Date of 2002 Amendment note under section 629 of this title.