---
kind: "section"
citation: "42 U.S.C. § 300x–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–4"
heading: "Additional provisions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart i — block grants for community mental health services"
---

# §300x–4. Additional provisions

- (a) **Review of State plan by mental health planning council—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [section 300x of this title](/usc/42/300x.md) to a [State](/usc/42/201.md?p=f) only if—
  - (1) the plan submitted under [section 300x–1(a) of this title](/usc/42/300x–1.md?p=a) with respect to the grant and the report of the [State](/usc/42/201.md?p=f) under [section 300x–52(a) of this title](/usc/42/300x–52.md?p=a) concerning the preceding fiscal year has been reviewed by the [State](/usc/42/201.md?p=f) mental health planning council under [section 300x–3 of this title](/usc/42/300x–3.md); and
  - (2) the [State](/usc/42/201.md?p=f) submits to the [Secretary](/usc/42/201.md?p=c) any recommendations received by the [State](/usc/42/201.md?p=f) from such council for modifications to the plan (without regard to whether the [State](/usc/42/201.md?p=f) 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](/usc/42/300x–8.md?p=2) for a grant under [section 300x of this title](/usc/42/300x.md) is that the [State](/usc/42/201.md?p=f) involved will maintain [State](/usc/42/201.md?p=f) expenditures for community mental health [services](/usc/42/201.md?p=a) at a level that is not less than the average level of such expenditures maintained by the [State](/usc/42/201.md?p=f) for the 2-year period preceding the fiscal year for which the [State](/usc/42/201.md?p=f) is applying for the grant.
  - (2) **Exclusion of certain funds—** The [Secretary](/usc/42/201.md?p=c) may exclude from the aggregate [State](/usc/42/201.md?p=f) expenditures under [subsection (a)](#a), funds appropriated to the principle [agency](/usc/42/8262.md?p=1) for authorized activities which are of a non-recurring nature and for a specific purpose.
  - (3) **Waiver—**
    - (A) **In general—** The [Secretary](/usc/42/201.md?p=c) may, upon the request of a [State](/usc/42/201.md?p=f), waive the requirement established in [paragraph (1)](#b-1) in whole or in part if the [Secretary](/usc/42/201.md?p=c) determines that extraordinary economic conditions in the [State](/usc/42/201.md?p=f) in the fiscal year involved or in the previous fiscal year justify the waiver[^1]
    - (B) **Date certain for action upon request—** The [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) 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](/usc/42/300x.md) to a [State](/usc/42/201.md?p=f) for a fiscal year, the [Secretary](/usc/42/201.md?p=c) shall make a determination of whether, for the previous fiscal year, the [State](/usc/42/201.md?p=f) maintained material compliance with the agreement made under [paragraph (1)](#b-1). If the [Secretary](/usc/42/201.md?p=c) determines that a [State](/usc/42/201.md?p=f) has failed to maintain such compliance, the [Secretary](/usc/42/201.md?p=c) shall reduce the amount of the allotment under [section 300x of this title](/usc/42/300x.md) for the [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=f) that has failed to comply with [paragraph (1)](#b-1) and would otherwise be subject to a reduction in the [State](/usc/42/201.md?p=f)’s allotment under [section 300x of this title](/usc/42/300x.md) may, upon request by the [State](/usc/42/201.md?p=f), in lieu of having the amount of the allotment under [section 300x of this title](/usc/42/300x.md) for the [State](/usc/42/201.md?p=f) reduced for the fiscal year of the grant, agree to comply with a negotiated agreement that is approved by the [Secretary](/usc/42/201.md?p=c) and carried out in accordance with guidelines issued by the [Secretary](/usc/42/201.md?p=c). If a [State](/usc/42/201.md?p=f) fails to enter into or comply with a negotiated agreement, the [Secretary](/usc/42/201.md?p=c) may take action under this paragraph or the terms of the negotiated agreement.
    - (B) **Submission of information to the secretary—** The [Secretary](/usc/42/201.md?p=c) may make a grant under [section 300x of this title](/usc/42/300x.md) for a fiscal year only if the [State](/usc/42/201.md?p=f) involved submits to the [Secretary](/usc/42/201.md?p=c) information sufficient for the [Secretary](/usc/42/201.md?p=c) to make the determination required in [subparagraph (A)(i)](#b-4-A-i).

## Footnotes

[^1]: So in original. Probably should be followed by a period.

## Source credit

(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.)

## Notes

### Editorial Notes

### Prior Provisions

Prior sections 300x–4 and 300x–4a were repealed by Pub. L. 102–321, title II, § 201(2), July 10, 1992, 106 Stat. 378.

Section 300x–4, act July 1, 1944, ch. 373, title XIX, § 1916, formerly § 1915, as added Aug. 13, 1981, Pub. L. 97–35, title IX, § 901, 95 Stat. 546; amended Jan. 4, 1983, Pub. L. 97–414, § 8(u), 96 Stat. 2063; renumbered § 1916 and amended Oct. 19, 1984, Pub. L. 98–509, title I, §§ 103, 106(a)–(c), (f), (g), 98 Stat. 2355, 2358, 2359; Oct. 7, 1985, Pub. L. 99–117, § 7(a), 99 Stat. 492; Nov. 14, 1986, Pub. L. 99–660, title V, § 503, 100 Stat. 3797; Nov. 18, 1988, Pub. L. 100–690, title II, §§ 2027–2035, 2037(a)(2), 102 Stat. 4199–4201, 4203; Aug. 16, 1989, Pub. L. 101–93, § 2(e)–(l), (p)(1), (q)(1), 103 Stat. 606–609; Aug. 15, 1990, Pub. L. 101–374, § 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, § 1916A, as added Nov. 18, 1988, Pub. L. 100–690, title II, § 2036, 102 Stat. 4202; amended Aug. 16, 1989, Pub. L. 101–93, § 2(m), 103 Stat. 608, related to group homes for recovering substance abusers.

### Amendments

2016—Subsec. (b)(3). Pub. L. 114–255, § 8001(d)(1), 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).

Subsec. (b)(4)(A). Pub. L. 114–255, § 8001(d)(2)(A), designated existing provisions as cl. (i), inserted subpar. (A) and cl. (i) headings, and added cl. (ii).

Subsec. (b)(4)(B). Pub. L. 114–255, § 8001(d)(2)(B), inserted heading and substituted “subparagraph (A)(i)” for “subparagraph (A)” in text.

2000—Subsec. (a)(1). Pub. L. 106–310, § 3204(b)(1), inserted “and the report of the State under section 300x–52(a) of this title concerning the preceding fiscal year” after “to the grant”.

Subsec. (a)(2). Pub. L. 106–310, § 3204(b)(2), inserted “and any comments concerning the annual report” before period at end.

Subsec. (b)(2) to (4). Pub. L. 106–310, § 3204(c), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.