Page:United States Statutes at Large Volume 95.djvu/575

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PUBLIC LAW 97-000—MMMM. DD, 1981

PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 549

"(13) That the State shall develop and implement arrangements, which are not excessively burdensome on the State, to locate jobs for employees affected adversely by actions taken by the State mental health authority to emphasize outpatient mental health services. The Secretary may not prescribe for a State the manner of compliance with the requirements of this subsection. "(d) The chief executive officer of a State shall, as part of the application required by subsection (a), also prepare and furnish the Secretary (in accordance with such form as the Secretary shall provide) with a description of the intended use of the payments the State will receive under section 1913 for the fiscal year for which the application is submitted, including information on the programs and activities to be supported and services to be provided. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and after its transmittal. The description shall be revised (consistent with this section) throughout the year as may be necessary to reflect substantial changes in the programs and activities assisted by the State under this part, and any revision shall be subject to the requirements of the preceding sentence. "(e) A State shall be required to make a grant to a community mental health center under subsection (c)(2) unless— "(1) the State recommends on the basis of— "(A) any Federal finding, Federal administrative action, or judicial proceeding with respect to any such community mental health center, or "(B) a review of such center in accordance with the criteria and procedures required under subsection (c)(5), that the State not be required to make such grants; and "(2) the Secretary approves the recommendation of the State under paragraph (1) based upon a substantive and procedural review of the record made by the State in making its recommendation under paragraph (1) which review demonstrates that the community mental health center is not providing services as prescribed by paragraphs (3) and (4) of subsection (c) or is engaged in a substantial misuse of funds. "REPORTS AND AUDITS

SEC. 1916. (a) Each State shall prepare and submit to the Secretary 42 USC 300x-5. annual reports on its activities under this part. Such reports shall be in such form and contain such information as the Secretary determines (after consultation with the States and the Comptroller General) to be necessary (1) to determine whether funds were expended in accordance with this part and consistent with the needs within the State identified pursuant to section 1915(c)(10), (2) to secure a description of the activities of the State under this part, and (9D to secure a record of the purposes for which funds were spent, of the recipients of such funds, and of the progress made toward achieving the purposes for which the funds were provided. Copies of the report shall be provided, upon request, to any interested person (including any public agency). "(2) In determining the information that States must include in the report required by this subsection, the Secretary may not establish reporting requirements which are burdensome.