42 U.S.C. § 300x-26
A funding agreement for a grant under section 300x-21 of this title is that the State involved will-
Before making a grant under section 300x-21 of this title to a State, the Secretary shall make a determination of whether the State has maintained compliance with subsection (a). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in compliance with such subsections, the Secretary shall reduce the amount of the allotment under such section for the State for the fiscal year involved by an amount up to 10 percent of the amount determined under section 300x-33 of this title for the State for the applicable fiscal year.
A State shall not have funds withheld pursuant to paragraph (1) if such State for which the Secretary has made a determination of noncompliance under such paragraph-
The amount of funds to be committed by a State pursuant to subparagraph (A)(i) shall be equal to 1 percent of such State's allocation determined under section 300x-33 of this title for each percentage point by which the State misses the retailer compliance rate goal established by the Secretary.
For a fiscal year in which a State commits funds as described in clause (i), such State shall maintain State expenditures 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, plus the additional funds for tobacco compliance activities required under clause (i). The State shall 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.
The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the certification described in subparagraph (A)(i) as late as July 31 of such fiscal year.
If a State described in subparagraph (A) fails to certify to the Secretary pursuant to subparagraph (A)(i) or enter into, or comply with, a negotiated agreement under subparagraph (A)(ii), the Secretary may take action pursuant to paragraph (1).
The Secretary shall-
Not later than 180 days after December 20, 2019, the Secretary shall update regulations under part 96 of title 45, Code of Federal Regulations1 or guidance on the retailer compliance rate goal under subsection (b), the use of funds provided under section 300x-21 of this title for purposes of meeting the requirements of this section, and reporting requirements under subsection (a)(2).
The Secretary shall ensure the Assistant Secretary for Mental Health and Substance Use coordinates, as appropriate, with the Commissioner of Food and Drugs to ensure that the technical assistance provided to States under subsection (e) is consistent with applicable regulations for retailers issued under part 1140 of title 21, Code of Federal Regulations.
The Secretary shall award grants under this subsection to each State that receives funding under section 300x-21 of this title to ensure compliance of each such State with this section.
A State receiving a grant under this subsection-
Grants under this subsection shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under paragraph (2).
To carry out this subsection, there are authorized to be appropriated $18,580,790 for each of fiscal years 2020 through 2024.
This subsection shall have no force or effect after September 30, 2024.
The Secretary shall provide technical assistance to States related to the activities required under this section.
1So in original. Probably should be followed by a comma.
42 U.S.C. § 300x-26
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 1926 of act July 1, 1944, was classified to section 300x-12 of this title prior to repeal by Pub. L. 102-321.Another prior section 1926 of act July 1, 1944, was classified to section 300y-5 of this title prior to repeal by Pub. L. 99-280.
AMENDMENTS2022-Subsec. (b)(2)(B)(i). Pub. L. 117-328 struck out "substance abuse" before "allocation".2019- Pub. L. 116-94, §604(a)(1), struck out "State law regarding" before "sale" and substituted "21" for "18" in section catchline.Subsec. (a). Pub. L. 116-94, §604(a)(3), (4), redesignated subsec. (b) as (a) and amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the requirement of State enforcement of law in a manner that can reasonably be expected to reduce the extent to which tobacco products are available to individuals under the age of 18 in order to qualify for funding agreements for grants under section 300x-21 of this title, and activities and reports regarding such enforcement. Pub. L. 116-94, §604(a)(2), struck out subsec. (a), which required grants under section 300x-21 of this title for fiscal year 1994 and subsequent fiscal years to be based on the existence of State law forbidding sale or distribution of tobacco products to any individual under the age of 18, and providing delayed applicability of requirement for certain States.Subsec. (b). Pub. L. 116-94, §604(a)(5), designated introductory provisions as par. (1), inserted par. heading, struck out "for the first applicable fiscal year or any subsequent fiscal year" after "a State", substituted "subsection (a)" for "subsections (a) and (b)" and "up to 10 percent of the amount determined under section 300x-33 of this title for the State for the applicable fiscal year." for "equal to-", added par. (2), and struck out former pars. (1) to (4), which related to allotment reductions for first applicable fiscal years and three following fiscal years. Pub. L. 116-94, §604(a)(3), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 116-94, §604(a)(6), added subsec. (c). Former subsec. (c) redesignated (b).Subsec. (d). Pub. L. 116-94, §604(a)(2), (6), added subsec. (d) and struck out former subsec. (d) which defined "first applicable fiscal year".Subsec. (e). Pub. L. 116-94, §604(a)(6), added subsec. (e).
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.