
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3303(d)-(f)(1)]
[CITE: 42USC300x-32]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
    Part B--Block Grants Regarding Mental Health and Substance Abuse
 
subpart ii--block grants for prevention and treatment of substance abuse
 
Sec. 300x-32. Application for grant; approval of State plan


(a) In general

    For purposes of section 300x-21 of this title, an application for a 
grant under such section for a fiscal year is in accordance with this 
section if, subject to subsections (c) and (d)(2) of this section--
        (1) the State involved submits the application not later than 
    the date specified by the Secretary;
        (2) the application contains each funding agreement that is 
    described in this subpart or subpart III for such a grant (other 
    than any such agreement that is not applicable to the State);
        (3) the agreements are made through certification from the chief 
    executive officer of the State;
        (4) with respect to such agreements, the application provides 
    assurances of compliance satisfactory to the Secretary;
        (5) the application contains the information required in section 
    300x-29 of this title, the information required in section 300x-
    30(c)(2) of this title, and the report required in section 300x-
    52(a) of this title;
        (6)(A) the application contains a plan in accordance with 
    subsection (b) of this section and the plan is approved by the 
    Secretary; and
        (B) the State provides assurances satisfactory to the Secretary 
    that the State complied with the provisions of the plan under 
    subparagraph (A) that was approved by the Secretary for the most 
    recent fiscal year for which the State received a grant under 
    section 300x-21 of this title; and
        (7) the application (including the plan under paragraph (6)) is 
    otherwise in such form, is made in such manner, and contains such 
    agreements, assurances, and information as the Secretary determines 
    to be necessary to carry out this subpart.

(b) State plan

                           (1) In general

        A plan submitted by a State under subsection (a)(6) of this 
    section is in accordance with this subsection if the plan contains 
    detailed provisions for complying with each funding agreement for a 
    grant under section 300x-21 of this title that is applicable to the 
    State, including a description of the manner in which the State 
    intends to expend the grant.

         (2) Authority of Secretary regarding modifications

        As a condition of making a grant under section 300x-21 of this 
    title to a State for a fiscal year, the Secretary may require that 
    the State modify any provision of the plan submitted by the State 
    under subsection (a)(6) of this section (including provisions on 
    priorities in carrying out authorized activities). If the Secretary 
    approves the plan and makes the grant to the State for the fiscal 
    year, the Secretary may not during such year require the State to 
    modify the plan.

       (3) Authority of Center for Substance Abuse Prevention

        With respect to plans submitted by the States under subsection 
    (a)(6) of this section, the Secretary, acting through the Director 
    of the Center for Substance Abuse Prevention, shall review and 
    approve or disapprove the provisions of the plans that relate to 
    prevention activities.

(c) Waivers regarding certain territories

    In the case of any territory of the United States whose allotment 
under section 300x-21 of this title for the fiscal year is the amount 
specified in section 300x-33(c)(2)(B) of this title, the Secretary may 
waive such provisions of this subpart and subpart III as the Secretary 
determines to be appropriate, other than the provisions of section 300x-
31 of this title.

(d) Issuance of regulations; precondition to making grants

                           (1) Regulations

        Not later than August 25, 1992, the Secretary, acting as 
    appropriate through the Director of the Center for Treatment 
    Improvement or the Director of the Center for Substance Abuse 
    Prevention, shall by regulation establish standards specifying the 
    circumstances in which the Secretary will consider an application 
    for a grant under section 300x-21 of this title to be in accordance 
    with this section.

            (2) Issuance as precondition to making grants

        The Secretary may not make payments under any grant under 
    section 300x-21 of this title for fiscal year 1993 on or after 
    January 1, 1993, unless the Secretary has issued standards under 
    paragraph (1).

(July 1, 1944, ch. 373, title XIX, Sec. 1932, as added Pub. L. 102-321, 
title II, Sec. 202, July 10, 1992, 106 Stat. 399.)


                            Prior Provisions

    A prior section 1932 of act July 1, 1944, was classified to section 
300y-22 of this title and subsequently omitted from the Code.
    Another prior section 1932 of act July 1, 1944, was classified to 
section 300y-11 of this title prior to repeal by Pub. L. 99-280.

                  Section Referred to in Other Sections

    This section is referred to in sections 290bb, 300x-21, 300x-51 of 
this title.
