---
kind: "section"
citation: "42 U.S.C. § 300x–22"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–22"
heading: "Certain allocations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-22"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart ii — block grants for substance use prevention, treatment, and recovery services"
---

# §300x–22. Certain allocations

- (a) **Allocation regarding primary prevention programs—** A [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) is that, in expending the grant, the [State](/usc/42/201.md?p=f) involved—
  - (1) will expend not less than 20 percent for [programs](/usc/42/274l–1.md?p=4) for individuals who do not require [treatment](/usc/42/11851.md?p=11) for [substance use disorders](/usc/42/300x–34.md?p=4), which [programs](/usc/42/274l–1.md?p=4)—
    - (A) educate and counsel the individuals on such disorders; and
    - (B) provide for activities to reduce the risk of such disorders by the individuals;
  - (2) will, in carrying out [paragraph (1)](#a-1)—
    - (A) give priority to [programs](/usc/42/274l–1.md?p=4) for populations that are at risk of developing a pattern of such disorders; and
    - (B) ensure that [programs](/usc/42/274l–1.md?p=4) receiving priority under [subparagraph (A)](#a-2-A) develop community-based strategies for the prevention of such disorders, including strategies to discourage the use of alcoholic beverages and tobacco products by individuals to whom it is unlawful to sell or distribute such beverages or products.
- (b) **Allocations regarding women—**
  - (1) **In general—** Subject to [paragraph (2)](#b-2), a [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) for a fiscal year is that—
    - (A) in the case of a grant for fiscal year 1993, the [State](/usc/42/201.md?p=f) involved will expend not less than 5 percent of the grant to increase (relative to fiscal year 1992) the availability of [treatment services](/usc/42/300x–34.md?p=7) designed for pregnant women and women with dependent children (either by establishing new [programs](/usc/42/274l–1.md?p=4) or expanding the capacity of existing [programs](/usc/42/274l–1.md?p=4));
    - (B) in the case of a grant for fiscal year 1994, the [State](/usc/42/201.md?p=f) will expend not less than 5 percent of the grant to so increase (relative to fiscal year 1993) the availability of such [services](/usc/42/201.md?p=a) for such women; and
    - (C) in the case of a grant for any subsequent fiscal year, the [State](/usc/42/201.md?p=f) will expend for such [services](/usc/42/201.md?p=a) for such women not less than an amount equal to the amount expended by the [State](/usc/42/201.md?p=f) for fiscal year 1994.
  - (2) **Waiver—**
    - (A) Upon the request of a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) may provide to the [State](/usc/42/201.md?p=f) a waiver of all or part of the requirement established in [paragraph (1)](#b-1) if the [Secretary](/usc/42/201.md?p=c) determines that the [State](/usc/42/201.md?p=f) is providing an adequate level of [treatments](/usc/42/11851.md?p=11) [services](/usc/42/201.md?p=a) for women described in such paragraph, as indicated by a comparison of the number of such women seeking the [services](/usc/42/201.md?p=a) with the availability in the [State](/usc/42/201.md?p=f) of the [services](/usc/42/201.md?p=a).
    - (B) The [Secretary](/usc/42/201.md?p=c) shall approve or deny a request for a waiver under [subparagraph (A)](#b-2-A) not later than 120 days after the date on which the request is made.
    - (C) Any waiver provided by the [Secretary](/usc/42/201.md?p=c) under [subparagraph (A)](#b-2-A) shall be applicable only to the fiscal year involved.
  - (3) **Childcare and prenatal care—** A [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) for a [State](/usc/42/201.md?p=f) is that each entity providing [treatment services](/usc/42/300x–34.md?p=7) with amounts reserved under [paragraph (1)](#b-1) by the [State](/usc/42/201.md?p=f) will, directly or through arrangements with other public or [nonprofit](/usc/42/300s–3.md?p=3) private entities, make available prenatal care to women receiving such [services](/usc/42/201.md?p=a) and, while the women are receiving the [services](/usc/42/201.md?p=a), childcare.

## Source credit

(July 1, 1944, ch. 373, title XIX, § 1922, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 389; amended Pub. L. 106–310, div. B, title XXXIII, § 3303(a), (f)(2)(A), Oct. 17, 2000, 114 Stat. 1210, 1211; Pub. L. 117–328, div. FF, title I, § 1241(a)(3), Dec. 29, 2022, 136 Stat. 5677.)

## Notes

### Amendment of Subsection (b)(2), (3)

Pub. L. 106–310, div. B, title XXXIII, § 3303(f)(2), Oct. 17, 2000, 114 Stat. 1211, provided that, effective upon publication of regulations developed in accordance with section 300x–32(e)(1) of this title, subsection (c) of this section [now subsection (b)] is amended by striking out paragraph (2) and redesignating paragraph (3) as paragraph (2).

### Editorial Notes

### Prior Provisions

A prior section 1922 of act July 1, 1944, was classified to section 300x–9a of this title prior to repeal by Pub. L. 102–321.

Another prior section 1922 of act July 1, 1944, was classified to section 300y–1 of this title prior to repeal by Pub. L. 100–690.

### Amendments

2022—Subsec. (a). Pub. L. 117–328, § 1241(a)(3)(B), substituted “such disorders” for “such abuse” wherever appearing.

Subsec. (a)(1). Pub. L. 117–328, § 1241(a)(3)(A), substituted “substance use disorders” for “substance abuse” in introductory provisions.

2000—Subsec. (a). Pub. L. 106–310, § 3303(a), redesignated subsec. (b) as (a) and struck out heading and text of former subsec. (a). Text read as follows: “A funding agreement for a grant under section 300x–21 of this title is that, in expending the grant, the State involved will expend—

“(1) not less than 35 percent for prevention and treatment activities regarding alcohol; and

“(2) not less than 35 percent for prevention and treatment activities regarding other drugs.”

Subsec. (b). Pub. L. 106–310, § 3303(a)(2), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a).

Subsec. (c). Pub. L. 106–310, § 3303(a)(2), redesignated subsec. (c) as (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2000 Amendment

Pub. L. 106–310, div. B, title XXXIII, § 3303(f)(2), Oct. 17, 2000, 114 Stat. 1211, provided that the amendment made by section 3303(f)(2) is effective upon the publication of the regulations developed in accordance with section 300x–32(e)(1) of this title.