Page:United States Statutes at Large Volume 106 Part 1.djvu/415

 PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 383 "(1) IN GENERAL. —^A condition under subsection (a) for a Council is that the Council be composed of residents of the State, including representatives of— "(A) the principal State agencies with respect to— "(i) mental health, education, vocationed rehabilitation, criminal justice, housing, and social services; and "(ii) the development of the plan submitted pursuant to title XIX of the Social Security Act; " (B) public and private entities concerned with the need, planning, operation, funding, and use of mental health services and related support services; "(C) adults with serious mental ilhiesses who are receiving (or have received) mental health services; and "(D) the families of such adults or families of children with emotional disturbance. "(2) CERTAIN REQUIREMENTS.— A condition under subsection (a) for a Council is that— "(A) with respect to the membership of the Council, the ratio of parents of children with a serious emotional disturbance to other members of the Council is sufficient to provide adequate representation of such children in the deliberations of the Coxmcil; and "(B) not less than 50 percent of the members of the Council are individuals who are not State employees or providers of mental health services. "(d) DEFINITION.—For purposes of this section, the term 'Council' means a State mental health planning council. "SEC. 1915. ADDITIONAL PROVISIONS. 42 USC 300x-4. "(a) REVIEW OF STATE PLAN BY MENTAL HEALTH PLANNING COUN- CIL. — The Secretary may make a grant under section 1911 to a State only if— "(1) the plan submitted under section 1912(a) with respect to the grant has been reviewed by the State mental health planning council under section 1914; 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 1911 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 1911 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

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