42 U.S.C. § 300x–4 — Additional provisions

(a) Review of State plan by mental health planning council — The Secretary can only make a section 300x grant to a State if: the State's mental health planning council (created under section 300x–3) has reviewed both the plan submitted under section 300x–1(a) and the State's report on the previous year under section 300x–52(a); and the State has passed along to the Secretary any recommendations the council made for changing the plan — whether or not the State actually made those changes — along with any comments the council made on the annual report. (b) Maintenance of effort regarding State expenditures for mental health — (1) In general. The State must keep spending its own money on community mental health services at a level at least as high as the average it spent over the two years before applying for the grant. (2) Exclusion of certain funds. The Secretary can leave out of that average any money given for a one-time, specific purpose. (3) Waiver. (A) On the State's request, the Secretary can waive this requirement, in whole or part, if extraordinary economic conditions in that fiscal year or the year before justify it. (B) The Secretary must decide within 120 days. (C) The waiver only covers that one fiscal year. (4) Noncompliance by State. (A) When making the grant, the Secretary checks whether the State kept up its required spending the year before. If not, the Secretary cuts the new grant by the exact amount the State fell short — unless the State instead asks to follow a corrective agreement the Secretary approves; if the State doesn't follow through on that agreement, the Secretary can still cut the funding or enforce the agreement's terms. (B) The Secretary can only make the grant if the State supplies enough information to make that compliance check.