Section text and notes
Review of State plan by mental health planning council
Maintenance of effort regarding State expenditures for mental health
In general
section 300x of this titleA funding agreement for a grant under 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.
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.
Waiver
In general
1
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.
Applicability of waiver
A waiver provided by the Secretary under this paragraph shall be applicable only to the fiscal year involved.
Noncompliance by State
In general
Determination
section 300x of this titlesection 300x of this titleIn making a grant under 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 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.
Alternative
section 300x of this titlesection 300x of this titleA State that has failed to comply with paragraph (1) and would otherwise be subject to a reduction in the State’s allotment under may, upon request by the State, in lieu of having the amount of the allotment under 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.
Submission of information to the secretary
section 300x of this titleThe Secretary may make a grant under 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).
July 1, 1944, ch. 373 Pub. L. 102–321, title II, § 201(2)106 Stat. 383 Pub. L. 106–310, div. B, title XXXII, § 3204(b)114 Stat. 1193 Pub. L. 114–255, div. B, title VIII, § 8001(d)130 Stat. 1228 (, title XIX, § 1915, as added , , ; amended , (c), , ; , , .)
Editorial Notes
Prior Provisions
Pub. L. 102–321, title II, § 201(2)106 Stat. 378 Prior sections 300x–4 and 300x–4a were repealed by , , .
act July 1, 1944, ch. 373, title XIX, § 1916 Pub. L. 97–35, title IX, § 90195 Stat. 546 Pub. L. 97–414, § 8(u)96 Stat. 2063 Pub. L. 98–509, title I98 Stat. 2355 Pub. L. 99–117, § 7(a)99 Stat. 492 Pub. L. 99–660, title V, § 503100 Stat. 3797 Pub. L. 100–690, title II102 Stat. 4199–4201 Pub. L. 101–93, § 2(e)l103 Stat. 606–609 Pub. L. 101–374, § 4(b)104 Stat. 459 Section 300x–4, , formerly § 1915, as added , , ; amended , , ; renumbered § 1916 and amended , , §§ 103, 106(a)–(c), (f), (g), , 2358, 2359; , , ; , , ; , , §§ 2027–2035, 2037(a)(2), , 4203; , –(), (p)(1), (q)(1), ; , , , required States to make application and describe their activities in relation to allotments for grants for alcohol, drug abuse, and mental health services.
section 300x–3 of this titlePub. L. 102–321A prior section 1915 of act , was classified to prior to repeal by .
act July 1, 1944, ch. 373, title XIX, § 1916A Pub. L. 100–690, title II, § 2036102 Stat. 4202 Pub. L. 101–93, § 2(m)103 Stat. 608 Section 300x–4a, , as added , , ; amended , , , related to group homes for recovering substance abusers.
Amendments
Pub. L. 114–255, § 8001(d)(1)2016—Subsec. (b)(3). , designated existing provisions as subpar. (A) and inserted heading, substituted “paragraph (1) in whole or in part if” for “paragraph (1) if” and “State in the fiscal year involved or in the previous fiscal year justify the waiver” for “State justify the waiver.”, and added subpars. (B) and (C).
Pub. L. 114–255, § 8001(d)(2)(A)Subsec. (b)(4)(A). , designated existing provisions as cl. (i), inserted subpar. (A) and cl. (i) headings, and added cl. (ii).
Pub. L. 114–255, § 8001(d)(2)(B)Subsec. (b)(4)(B). , inserted heading and substituted “subparagraph (A)(i)” for “subparagraph (A)” in text.
Pub. L. 106–310, § 3204(b)(1)section 300x–52(a) of this title2000—Subsec. (a)(1). , inserted “and the report of the State under concerning the preceding fiscal year” after “to the grant”.
Pub. L. 106–310, § 3204(b)(2)Subsec. (a)(2). , inserted “and any comments concerning the annual report” before period at end.
Pub. L. 106–310, § 3204(c)Subsec. (b)(2) to (4). , added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.