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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 300x30 Maintenance of effort regarding State expenditures us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300x30 42 U.S.C. § 300x30 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300x30 data/legal/raw/us/code/title-42/usc42.xml 240f032dddeb18cf1be675c4cbc987ae1d9a632a5b00deb8295bfc184c1612f2 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 3231a43ca317c4cc3bb792e96512e1df052000188419cf8e2162a8b43ff35adc 2026-07-04 official
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42 U.S.C. § 300x30 - Maintenance of effort regarding State expenditures

Text

(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 300x21 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.

(c) Waiver (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 300x21 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 300x21 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 300x21 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 States allotment under section 300x21 of this title, may, upon request by the State, in lieu of having the States allotment under section 300x21 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.

(July 1, 1944, ch. 373, title XIX, § 1930, as added Pub. L. 102321, title II, § 202, July 10, 1992, 106 Stat. 397; amended Pub. L. 106310, div. B, title XXXIII, § 3303(c), Oct. 17, 2000, 114 Stat. 1210; Pub. L. 114255, div. B, title VIII, § 8002(g), Dec. 13, 2016, 130 Stat. 1230.)

Notes

Editorial Notes

Prior ProvisionsA prior section 1930 of act July 1, 1944, was classified to section 300y9 of this title prior to repeal by Pub. L. 99280.

Amendments2016—Subsec. (c)(1). Pub. L. 114255, § 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. 114255, § 8002(g)(2), added par. (3). 2000—Subsecs. (b) to (d). Pub. L. 106310 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.