PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 397 "(2) current prevention and treatment activities in the State; "(3) the need of the State for technical assistance to carry out such activities; "(4) efforts by the State to improve such activities; and "(5) the extent to which the availability of such activities is insufficient to meet the need for the activities, the interim services to be made available under sections 1923(a) and 1927(b), and the manner in which such services are to be so av£dlable. ««EC. 1930. MAINTENANCE OF EFFORT REGARDING STATE EXPENDI- 42 USC 300x-30. TURES. "(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 1921 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 esqpenditures maintained by the State for the 2-year period preceding the fiscal year for which the State is applying for the grant. "(b) 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 in the State 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. "(c) NONCOMPLIANCE BY STATE. — "(1) IN GENERAL. — In making a grant under section 1921 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 simount of the allotment under section 1921 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 1921 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). "SEC 1931. RESTRICTIONS ON EXPENDITURE OF GRANT. 42 USC 300x-31. "(a) IN GENERAL. — "(1) CERTAIN RESTRICTIONS. — ^A funding agreement for a grant under section 1921 is that the State involved will not expend the grant— "(A) to provide rapatient hospital services, except as provided in subsection (b); "(B) to make cash payments to intended recipients of health services;
�
