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42 U.S.C. § 300x–4 — Additional provisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Review of State plan by mental health planning council** The Secretary may make a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) to a State only if—
(1) the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) with respect to the grant and the report of the State under [section 300x–52(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–52/a&num=0&edition=prelim) concerning the preceding fiscal year has been reviewed by the State mental health planning council under [section 300x–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-3&num=0&edition=prelim); and
(2) the State submits to the Secretary any recommendations received by the State from such council for modifications to the plan (without regard to whether the State has made the recommended modifications) and any comments concerning the annual report.
**(b) Maintenance of effort regarding State expenditures for mental health**
(1) **In general** — A funding agreement for a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) is that the State involved will maintain State expenditures for community mental health services 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.
(2) **Exclusion of certain funds** — The Secretary may exclude from the aggregate State expenditures under subsecti
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x–4
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Stable record: federal_law:legal_authorities:record_usc_85cf66c699d066e8d8086384
Source file: Laws/federal/codes/united-states-code/title-42/section-300x4-additional-provisions--0d15a03e64.md
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Source location: Title 42, Chapter 6A, § 300x–4; chapter-6a-public-health-service.md
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**(a) Review of State plan by mental health planning council** The Secretary may make a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) to a State only if—
(1) the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) with respect to the grant and the report of the State under [section 300x–52(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–52/a&num=0&edition=prelim) concerning the preceding fiscal year has been reviewed by the State mental health planning council under [section 300x–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-3&num=0&edition=prelim); and
(2) the State submits to the Secretary any recommendations received by the State from such council for modifications to the plan (without regard to whether the State has made the recommended modifications) and any comments concerning the annual report.
**(b) Maintenance of effort regarding State expenditures for mental health**
(1) **In general** — A funding agreement for a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) is that the State involved will maintain State expenditures for community mental health services 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.
(2) **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.
(3) **Waiver**
(A) *In general* — The Secretary may, upon the request of a State, waive the requirement established in paragraph (1) in whole or in part if the Secretary determines that extraordinary economic conditions in the State in the fiscal year involved or in the previous fiscal year justify the waiver 11 So in original. Probably should be followed by a period.
(B) *Date certain for action upon request* — The Secretary shall approve or deny a request for a waiver under this paragraph not later than 120 days after the date on which the request is made.
(C) *Applicability of waiver* — A waiver provided by the Secretary under this paragraph shall be applicable only to the fiscal year involved.
(4) **Noncompliance by State**
(A) *In general*
(i) *Determination* — In making a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) 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 the agreement made under paragraph (1). If the Secretary determines that a State has failed to maintain such compliance, the Secretary shall reduce the amount of the allotment under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) 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.
(ii) *Alternative* — A State that has failed to comply with paragraph (1) and would otherwise be subject to a reduction in the State’s allotment under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) may, upon request by the State, in lieu of having the amount of the allotment under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) for the State reduced for the fiscal year of the grant, 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.
(B) *Submission of information to the secretary* — The Secretary may make a grant under [section 300x of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x&num=0&edition=prelim) for a fiscal year only if the State involved submits to the Secretary information sufficient for the Secretary to make the determination required in subparagraph (A)(i).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** For the purpose described in subsection (b), the Secretary, acting through the Director of the Center for Mental Health Services, shall make an allotment each fiscal year for each State in an amount determined in accordance with [section 300x–7 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-7&num=0&edition=prelim). The Secretary shall make a grant to the State of the allotment made for the State for the fiscal year if the State submits to the Secretary an application in accordance with [section 300x–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-6&num=0&edition=prelim).
**(b) Purpose of grants** A funding agreement for a grant under subsection (a) is that, subject to [section 300x–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x-5&num=0&edition=prelim), the State involved will expend the grant only for the purpose of—
(1) providing community mental health services for adults with a serious mental illness and children with a serious emotional disturbance as defined in accordance with [section 300x–1(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/c&num=0&edition=prelim);
(2) carrying out the plan submitted under [section 300x–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300x–1/a&num=0&edition=prelim) by the State for the fiscal year involved;
(3) evaluating programs and services carried out under the plan; and
(4) planning, administration, and educational activities related to providing services under the plan.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300x
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