Page:United States Statutes at Large Volume 94 Part 2.djvu/296

 94 STAT. 1574 42 USC 6001 note, 3001 note. Limitation. Grant computation.

Costs exceeded by funds, grant adjustment.

Governing body.

Advisory committee.

PUBLIC LAW 96-398—OCT. 7, 1980

Assistance and Bill of Rights Act, the Older Americans Act, and other Federal and State statutes. (c)(1) No entity may receive more than eight grants under this section. (2) The amount of any grant under subsection (a) or (b) shall be determined by the Secretary, except that the amount of^ (A) the first and second grant may not exceed 90 percent of the costs (as determined by the Secretary) of the project for which the grant is made; (B) the third grant may not exceed 80 percent of such costs; (C) the fourth grant may not exceed 70 percent of such costs; (D) the fifth grant may not exceed 60 percent of such costs; (E) the sixth grant may not exceed 50 percent of such costs; (F) the seventh grant may not exceed 40 percent of such costs; and (G) the eighth grant may not exceed 30 percent of such costs. (3) If in a fiscal year the sum of— (A) the total of State, local, and other funds, and of the fees, premiums, and third-party reimbursements collected in that year, and (B) the amount of the grant received under subsection (a) by an entity, exceeds its actual costs of operation for that year and if the entity is eligible to receive a grant under subsection (a) in the succeeding year, an adjustment in the amount of that grant shall be made in such a manner that the entity may retain such an amount (not to exceed 50 per centum of the amount by which such sum exceeded such costs) as the entity can demonstrate to the satisfaction of the Secretary will be used to enable the entity (i) to expand and improve its services, (ii) to increase the number of persons which it is able to serve, (iii) to modernize its facilities, (iv) to improve the administration of its service programs, and (v) to establish a financial reserve for the purpose of offsetting the decrease in the percentage of Federal participation in program operations in future years. (d)(1) Except as provided in paragraph (3), no grant may be made to an entity under subsection (a) or (b) unless the entity meets the requirements of paragraph (2). (2)(A) Except as provided in subparagraph (B), an applicant for a grant under subsection (a) to provide the services described in that subsection shall have a governing body which (i) is composed of individuals who reside in the entity's mental health service area and who, as a group, represent the residents of that area taking into consideration their employment, age, sex, and place of residence, and other demographic characteristics of the area, and (ii) is required to meet at least once a month, to establish general policies for the entity (including a schedule of hours during which services will be provided), to approve the entity's annual budget, and to approve the selection of a director for the entity. At least one-half of the members of such body shall be individuals who are not providers of health care. (B) An applicant which is a hospital, a State agency, or other public or nonprofit private entity which does not have as its primary purpose the provision of mental health services under grants under subsection (a) may appoint a committee which advises it with respect to the operations of the entity which are funded with a grant under subsection (a) or (b) and which is composed of individuals who reside in the entity's mental health service area, who are representative of the residents of the area as to employment, age, sex, place of

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