Page:United States Statutes at Large Volume 94 Part 2.djvu/318

 94 STAT. 1596 Ante, pp. 1571, 1585.

PUBLIC LAW 96-398—OCT. 7, 1980

(b) Not more than 1 per centum of the total amount appropriated under title II and this title for any fiscal year shall be used by the Secretary, or through contracts with State mental health authorities or other entities, to monitor activities of the recipients of grants and contracts under title II or this title to determine if the requirements of this Act applicable to the receipt of such grants or contracts are being met. PART D—ENFORCEMENT ENFORCEMENT

42 USC 9481. Proposed stop-payment order. Ante, p. 1585.

Hearing.

SEC. 321. (a) If the Secretary determines that there has been a substantial and persistent failure— (1) by a State mental health authority to implement its State mental health services program in accordance with the requirements of part A of this title, the Secretary may issue a proposed order to stop payments under title II and this title to any entity in the State, including the State mental health authority, until the Secretary is satisfied that such failure has been or will be corrected, or (2) by any entity in a State which is receiving funds under a grant or contract under title II or this title to comply with the requirements of this title (other than the requirements of part A), the Secretary may issue a proposed order to stop payments under such grant or contract until the Secretary is satisfied that such failure has been or will be corrected. The Secretary shall notify each entity affected by an order issued under this subsection of the effect of the order. (b) If the Secretary issues an order under subsection (a), the Secretary shall provide a reasonable opportunity for an informal hearing for the entities affected by the order. Such a hearing shall be held in the State in which such entities are located. If after such a hearing the Secretary reaffirms the determination on which the order was based, the Secretary may discontinue payments as specified in the proposed order or as revised by the Secretary after the hearing. PART E—MISCELLANEOUS NATIONAL INSTITUTE OF MENTAL HEALTH PREVENTION UNIT

42 USC 289k-l. Administrative unit, designation.

SEC. 325. Section 455 of the Public Health Service Act is amended by adding at the end thereof the following new subsection: "(d) The Director shall designate an administrative unit in the Institute to— "(1) design national goals and establish national priorities for— "(A) the prevention of mental illness, and "(B) the promotion of mental health, "(2) encourage and assist local entities and State agencies to" achieve the goals and priorities described in paragraph (1), and "(3) develop and coordinate Federal prevention policies and programs and to assure increased focus on the prevention of mental illness and the promotion of mental health.".

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