2013 US Code
Title 42 - The Public Health and Welfare
Chapter 6A - PUBLIC HEALTH SERVICE (§§ 201 - 300mm-61)
Subchapter XVII - BLOCK GRANTS (§§ 300w - 300y-11)
Part B - Block Grants Regarding Mental Health and Substance Abuse (§§ 300x - 300x-66)
Subpart ii - block grants for prevention and treatment of substance abuse (§§ 300x-21 - 300x-35)
Section 300x-32 - Application for grant; approval of State plan
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 300x-32 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | No |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 106 Stat. 399 114 Stat. 1211, 1210 |
Public Law References | Public Law 99-280, Public Law 102-321, Public Law 106-310 |
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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 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) 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 generalA 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 modificationsAs 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 PreventionWith 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 territoriesIn 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) RegulationsNot 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 grantsThe 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 generalUpon 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) SectionsThe 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 requestThe 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 requirementThe 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.)
REFERENCES IN TEXTSection 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.
PRIOR PROVISIONSA 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.
AMENDMENTS2000—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).
1 See References in Text note below.
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