42 U.S.C. § 300x–32 (THE PUBLIC HEALTH AND WELFARE)
§ 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)—
(1) the application is received by the Secretary not later than October 1 of the fiscal year for which the State is seeking funds;
(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) 1 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) 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) 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) (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), 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 except Puerto Rico, 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).
(e) Waiver authority for certain requirements
(1) In general
Upon the request of a State, the Secretary may waive the requirements of all or part of the sections described in paragraph (2) using objective criteria established by the Secretary by regulation after consultation with the States and other interested parties including consumers and providers.
(2) Sections
The sections described in paragraph (1) are sections 300x–22(c) 1, 300x–23, 300x–24 and 300x–28 of this title.
(3) Date certain for acting upon request
The Secretary shall approve or deny a request for a waiver under paragraph (1) and inform the State of that decision not later than 120 days after the date on which the request and all the information needed to support the request are submitted.
(4) Annual reporting requirement
The Secretary shall annually report to the general public on the States that receive a waiver under this subsection.
(July 1, 1944, ch. 373, title XIX, § 1932, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 399; amended Pub. L. 106–310, div. B, title XXXIII, § 3303(d)–(f)(1), Oct. 17, 2000, 114 Stat. 1211.)
heading: References in Text
text: Section 300x–30(c) of this title, referred to in subsec. (a)(5), was redesignated section 300x–30(d) of this title by Pub. L. 106–310, div. B, title XXXIII, § 3303(c)(1), Oct. 17, 2000, 114 Stat. 1211.
Section 300x–22(c) of this title, referred to in subsec. (e)(2), was redesignated section 300x–22(b) of this title by Pub. L. 106–310, div. B, title XXXIII, § 3303(a)(2), Oct. 17, 2000, 114 Stat. 1210.
heading: Prior Provisions
text: 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.
heading: Amendments
text: 2000—Subsec. (a)(1). Pub. L. 106–310, § 3303(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “the State involved submits the application not later than the date specified by the Secretary;”.
Subsec. (c). Pub. L. 106–310, § 3303(e), substituted “except Puerto Rico” for “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”.
Subsec. (e). Pub. L. 106–310, § 3303(f)(1), added subsec. (e).