§300x–30 — Title 42 The Public Health and Welfare | U.S. Code

§300x–30 Maintenance of effort regarding State expenditures

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XVII— - BLOCK GRANTS › Part Part B— - Block Grants Regarding Mental Health and Substance Use › Subpart subpart ii— - block grants for substance use prevention, treatment, and recovery services › § 300x–30

Last updated Apr 6, 2026|Official source

Summary

Requires a State’s main agency that runs the authorized program to keep its total State spending for those activities at least as high as the average of what the State spent in the two years before the year it applies for a grant. The Secretary may leave out one-time, specially targeted funds from that spending count. If a State asks because of very bad economic conditions, the Secretary may waive all or part of the rule, must decide within 120 days, and any waiver only applies to that fiscal year. Before giving a grant, the Secretary will check whether the State kept up its spending in the previous fiscal year. If the State did not, the Secretary will cut the current grant by the amount of the shortfall. The State must give the information the Secretary needs to make this check. Instead of a cut, a State may ask to enter a negotiated agreement to fix the problem; if the State won’t join or follow such an agreement, the Secretary may enforce the reduction or the agreement’s terms.

Title 42, §300x–30

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

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

(d)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 1930 of act July 1, 1944, was classified to section 300y–9 of this title prior to repeal by Pub. L. 99–280.

Amendments

2016—Subsec. (c)(1). Pub. L. 114–255, § 8002(g)(1), substituted “exist in the State, or any part of the State, to justify the waiver” for “in the State justify the waiver”. Subsec. (d)(3). Pub. L. 114–255, § 8002(g)(2), added par. (3). 2000—Subsecs. (b) to (d). Pub. L. 106–310 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.