
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3204(b),]
[CITE: 42USC300x-4]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
    Part B--Block Grants Regarding Mental Health and Substance Abuse
 
      subpart i--block grants for community mental health services
 
Sec. 300x-4. Additional provisions


(a) Review of State plan by mental health planning council

    The Secretary may make a grant under section 300x of this title to a 
State only if--
        (1) the plan submitted under section 300x-1(a) of this title 
    with respect to the grant has been reviewed by the State mental 
    health planning council under section 300x-3 of this title; 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).

(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 
    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) Waiver

        The Secretary may, upon the request of a State, waive the 
    requirement established in paragraph (1) if the Secretary determines 
    that extraordinary economic conditions in the State justify the 
    waiver.

                     (3) Noncompliance by State

        (A) In making a grant under section 300x of this title 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 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.
        (B) The Secretary may make a grant under section 300x of this 
    title 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).

(July 1, 1944, ch. 373, title XIX, Sec. 1915, as added Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 383.)


                            Prior Provisions

    Prior sections 300x-4 and 300x-4a were repealed by Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 378.
    Section 300x-4, act July 1, 1944, ch. 373, title XIX, Sec. 1916, 
formerly Sec. 1915, as added Aug. 13, 1981, Pub. L. 97-35, title IX, 
Sec. 901, 95 Stat. 546; amended Jan. 4, 1983, Pub. L. 97-414, Sec. 8(u), 
96 Stat. 2063; renumbered Sec. 1916 and amended Oct. 19, 1984, Pub. L. 
98-509, title I, Secs. 103, 106(a)-(c), (f), (g), 98 Stat. 2355, 2358, 
2359; Oct. 7, 1985, Pub. L. 99-117, Sec. 7(a), 99 Stat. 492; Nov. 14, 
1986, Pub. L. 99-660, title V, Sec. 503, 100 Stat. 3797; Nov. 18, 1988, 
Pub. L. 100-690, title II, Secs. 2027-2035, 2037(a)(2), 102 Stat. 4199-
4201, 4203; Aug. 16, 1989, Pub. L. 101-93, Sec. 2(e)-(l), (p)(1), 
(q)(1), 103 Stat. 606-609; Aug. 15, 1990, Pub. L. 101-374, Sec. 4(b), 
104 Stat. 459, required States to make application and describe their 
activities in relation to allotments for grants for alcohol, drug abuse, 
and mental health services.
    A prior section 1915 of act July 1, 1944, was classified to section 
300x-3 of this title prior to repeal by Pub. L. 102-321.
    Section 300x-4a, act July 1, 1944, ch. 373, title XIX, Sec. 1916A, 
as added Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2036, 102 Stat. 
4202; amended Aug. 16, 1989, Pub. L. 101-93, Sec. 2(m), 103 Stat. 608, 
related to group homes for recovering substance abusers.

                  Section Referred to in Other Sections

    This section is referred to in sections 300x-3, 300x-6, 300x-24, 
300x-54, 300x-55 of this title.
