Page:United States Statutes at Large Volume 106 Part 1.djvu/427

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PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 395 "(B) annually submit to the Secretary a report describing— "(i) the activities carried out by the State to enforce such law during the fiscal year preceding the fiscal year for which the State is seeking the grant; "(ii) the extent of success the State has achieved in reducing the availability of tobacco products to individugJs under the age of 18; and "(iii) the strategies to be utihzed by the State for enforcing such law during the fiscal year for which the grant is sought. "(c) NONCOMPLIANCE OF STATE. —Before making a grant under section 1921 to a State for the first applicable fiscal year or any subsequent fiscal year, the Secretary shall make a determination of whether the State has maintained compliance with subsections (a) and (b). If, after notice to the State and an opportunity for a hearing, the Secretary determines that the State is not in comphance 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 equal to— "(1) in the case of the first applicable fiscal year, 10 percent of the amount determiued under section 1933 for the State for the fiscal year; "(2) in the case of the first fiscal year following such applicable fiscal year, 20 percent of the amount determined under section 1933 for the State for the fiscal year; "(3) in the case of the second such fiscal year, 30 percent of the amount determined under section 1933 for the State for the fiscal year; and "(4) in the case of the third such fiscal year or any subsequent fiscal year, 40 percent of the amount determined under section 1933 for the State for the fiscal year. "(d) DEFINITION.— For purposes of this section, the term 'first applicable fiscal year' mesins— "(1) fiscal year 1995, in the case of any State described in subsection (a)(2); and " (2) fiscal year 1994, in the case of any other State. "SEC. 1927. TREATMENT SERVICES FOR PREGNANT WOMEN. 42 USC 300x-27. "(a) IN GENERAL. —^A funding agreement for a grant under section 1921 is that the State involved— "(1) will ensure that each pregnant woman in the State who seeks or is referred for and would benefitfi*omsuch services is given preference in admissions to treatment facilities receiving funds pursuant to the grant; and "(2) will, in carrying out paragraph (1), publicize the availability to such women of services from the facilities and the fact that the women receive such preference. "(b) REFERRALS REGARDING STATES.— A funding agreement for a grant under section 1921 is that, in carrying out subsection (a)(1)- "(1) the State involved will require that, in the event that a treatment facility has insufficient capacity to provide treatment services to any womein described in such subsection who seeks the servicesfi*omthe facihty, the facility refer the womcin to the State; and