42 U.S.C. § 300x–30 — Maintenance of effort regarding State expenditures

submitted 82 years ago by Pub. L. 102-321 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 480 words · no verdicts yet

in plain englishAI-generated · not legal advice

States getting substance abuse grants must keep spending their own money on these programs at least at their recent two-year average. The Secretary can waive this for tough economic times, and cuts a State's grant if it falls short without a waiver or corrective agreement.

(a) In general — The State agency in charge of substance abuse activities must, for a given fiscal year, keep its total spending on those activities at least as high as the average it spent over the two years before it applied for the grant. (b) Exclusion of certain funds — The Secretary can leave out of that average any money given to the agency for a one-time, specific purpose. (c) Waiver — (1) In general. On a State's request, the Secretary can waive all or part of this requirement if extraordinary economic conditions in the State — or part of it — justify it. (2) Date certain for acting upon request. The Secretary must decide within 120 days. (3) Applicability of waiver. The waiver only covers that one fiscal year. (d) Noncompliance by State — (1) In general. When making a grant for a fiscal year, the Secretary checks whether the State kept up its required spending the year before. If it didn't, the Secretary cuts the new grant by the exact amount the State fell short. (2) Submission of information to Secretary. The Secretary can only make the grant if the State provides enough information for the Secretary to make that check. (3) Alternative. Instead of losing funding, a State that fell short can ask to follow a corrective agreement the Secretary approves. If the State doesn't enter into or follow that agreement, the Secretary can still cut the funding, or enforce the terms of the agreement.

the actual law source: uscode.house.gov ↗public domain

(a) In general

With respect to the principal agency of a State for carrying out authorized activities, a funding agreement for a grant under section 300x–21 of this title for the State for a fiscal year is that such agency will for such year maintain aggregate State expenditures for authorized activities 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 fiscal year for which the State is applying for the grant.

(b) Exclusion of certain funds

The Secretary may exclude from the aggregate State expenditures under subsection (a), funds appropriated to the principle agency for authorized activities which are of a non-recurring nature and for a specific purpose.

(1) In general

Upon the request of a State, the Secretary may waive all or part of the requirement established in subsection (a) if the Secretary determines that extraordinary economic conditions exist in the State, or any part of the State, to justify the waiver.

(2) Date certain for acting upon request

The Secretary shall approve or deny a request for a waiver under paragraph (1) not later than 120 days after the date on which the request is made.

(3) Applicability of waiver

Any waiver provided by the Secretary under paragraph (1) shall be applicable only to the fiscal year involved.

(d) Noncompliance by State

(1) In general

In making a grant under section 300x–21 of this title to a State for a fiscal year, the Secretary shall make a determination of whether, for the previous fiscal year, the State maintained material compliance with any agreement made under subsection (a). If the Secretary determines that a State has failed to maintain such compliance, the Secretary shall reduce the amount of the allotment under section 300x–21 of this title for the State for the fiscal year for which the grant is being made by an amount equal to the amount constituting such failure for the previous fiscal year.

(2) Submission of information to Secretary

The Secretary may make a grant under section 300x–21 of this title for a fiscal year only if the State involved submits to the Secretary information sufficient for the Secretary to make the determination required in paragraph (1).

(3) Alternative

A State that has failed to comply with this section and would otherwise be subject to a reduction in the State’s allotment under section 300x–21 of this title, may, upon request by the State, in lieu of having the State’s allotment under section 300x–21 of this title reduced, agree to comply with a negotiated agreement that is approved by the Secretary and carried out in accordance with guidelines issued by the Secretary. If a State fails to enter into or comply with a negotiated agreement, the Secretary may take action under this paragraph or the terms of the negotiated agreement.

Source credit: (July 1, 1944, ch. 373, title XIX, § 1930, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 397; amended Pub. L. 106–310, div. B, title XXXIII, § 3303(c), Oct. 17, 2000, 114 Stat. 1210; Pub. L. 114–255, div. B, title VIII, § 8002(g), Dec. 13, 2016, 130 Stat. 1230.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 102-321 · 106 Stat. 397
2000Amended · Pub. L. 106-310 · 114 Stat. 1210
2016Amended · Pub. L. 114-255 · 130 Stat. 1230

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-321 on 1944-07-01.

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