[Federal Register: June 4, 1999 (Volume 64, Number 107)]
[Notices]               
[Page 30036]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn99-71]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

 
Substance Abuse and Mental Health Services Administration, Title 
XIX, Part B, of the Public Health Service Act, as Amended Hereafter; 
Delegation of Authority

    Notice is hereby given that I have delegated to the Administrator, 
Substance Abuse and Mental Health Services Administration, all of the 
authorities (except as provided below) vested in the Secretary of 
Health and Human Services under Title XIX, Part B, of the Public Health 
Service Act, as amended hereafter. This delegation includes the 
authority to make determinations that States have materially complied 
with the maintenance of effort requirements of sections 1915(b) and 
1930 of the Act, but only when the State expenditure shortfall is 3% or 
less of the amounts required by law and the Administrator has 
considered all relevant factors in determining material compliance, 
such as (for example) whether the State has maintained service levels, 
the State's expenditure history, and the State's future funding 
commitment. This delegation excludes the authority to promulgate 
regulations, to submit reports to Congress, to take final action to 
withhold funds from States, to make determinations that the State has 
not materially complied with the maintenance of effort requirements 
whether or not the shortfall is 3% or less, and to act under the 
nondiscrimination provisions of the Act.
    This delegation is effective upon date of signature. This 
delegation supersedes all previous delegations of these authorities. In 
addition, I hereby affirm and ratify any actions taken by the 
Administrator or the Administrator's subordinates which involved the 
exercise of the authority delegated prior to the effective date of the 
delegation.

    Dated: May 25, 1999.
Donna E. Shalala,
Secretary.
[FR Doc. 99-14179 Filed 6-3-99; 8:45 am]
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