§ 300x–4. Additional provisions

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The Secretary may make a grant under section 300x of this title to a State only if— the plan submitted under section 300x–1(a) of this title with respect to the grant and the report of the State under section 300x–52(a) of this title concerning the preceding fiscal year has been reviewed by the State mental health planning council under section 300x–3 of this title ; and 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.

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. 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.

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 1 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. A waiver provided by the Secretary under this paragraph shall be applicable only to the fiscal year involved. 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. 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 may, upon request by the State, in lieu of having the amount of the allotment under section 300x of this title 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. 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)(i). ( July 1, 1944, ch. 373 , title XIX, § 1915, as added Pub. L. 102–321, title II, § 201(2) , July 10, 1992 , 106 Stat. 383 ; amended Pub. L. 106–310, div. B, title XXXII, § 3204(b) , (c), Oct. 17, 2000 , 114 Stat. 1193 ; Pub. L. 114–255, div. B, title VIII, § 8001(d) , Dec. 13, 2016 , 130 Stat. 1228 .)

Connections24 cite this · traces to 1

Cited by 24 sections · top 15

statute-compilations

Sec. 8001
COMMUNITY MENTAL HEALTH SERVICES BLOCK GRANT

statutes-at-large

Traces to 1 document

public-private-law

21st Century Cures Act
Public Law 114-255

24 references not yet in our index

Pub. L. 102-321
106 Stat. 383
Pub. L. 106-310
114 Stat. 1193
130 Stat. 1228
106 Stat. 378
Pub. L. 97-35
95 Stat. 546
Pub. L. 97-414
96 Stat. 2063
Pub. L. 98-509
98 Stat. 2355
Pub. L. 99-117
99 Stat. 492
Pub. L. 99-660
100 Stat. 3797
Pub. L. 100-690
102 Stat. 4199
Pub. L. 101-93
103 Stat. 606
Pub. L. 101-374
104 Stat. 459
102 Stat. 4202
103 Stat. 608

Citation graph

cites case law

§ 300x–4

Additional provisions

Fed. Reg.×20

Stat.×3

Stat. Comp.×1

Pub. L.Public Law 114-255

Pub. L.Pub. L. 102-321

Stat.106 Stat. 383

Pub. L.Pub. L. 106-310

Stat.114 Stat. 1193

Stat.130 Stat. 1228

Cites 25 · showing 6Cited by 24 across 3 sources