42 U.S.C. § 300x–32 — Application for grant; approval of State plan

(a) In general — Subject to the territory waivers in subsection (c), a grant application counts as valid only if: it reaches the Secretary by October 1 of the funding year; it includes every funding agreement this subpart and subpart III require of that State; the State's chief executive certifies those agreements; it gives assurances of compliance that satisfy the Secretary; it includes the report required by section 300x–52(a); it includes a State plan under subsection (b) that the Secretary approves, along with assurances the State followed its previously approved plan; and it's otherwise filled out the way the Secretary requires. (b) State plan — (1) In general. To satisfy subsection (a)(6), the State's plan must at least include: a description of the State's system of care — naming the single State agency in charge (including any third party handling substance use disorder services), showing the need for prevention and treatment services (including estimates for people needing treatment, pregnant women, women with dependent children, people with co-occurring mental and substance use disorders, people who inject drugs, and people experiencing homelessness), giving aggregate numbers on people already in treatment across those same groups, describing the services available by type including recovery support, describing the State's overall prevention efforts and how much of the prevention money went to primary prevention, describing the State's recovery support activities and how that money was spent by type of service, describing the financial resources available, describing the existing substance use disorder workforce (including staff trained for co-occurring disorders), describing how the State promotes evidence-based practices, and describing how the State connects substance use disorder services with primary health care; goals and objectives for the plan period, including targets, milestones, and the activities planned to meet them; and a description of how the State will meet every funding agreement that applies to it, including how it plans to spend the grant. (2) Modifications. As a condition of the grant, the Secretary can require the State to change part of its plan before approving it — but once the plan is approved and the grant made, the Secretary can't force more changes that year. If the State itself decides a change is needed, it can ask the Secretary to approve that change, following the same rules as paragraph (1) and section 300x–51. (3) Authority of Center for Substance Abuse Prevention. The Secretary, through the Director of the Center for Substance Abuse Prevention, reviews and approves or rejects the parts of the plan dealing with prevention activities. (c) Waivers regarding certain territories — For any U.S. territory except Puerto Rico, the Secretary can waive whatever parts of this subpart and subpart III are appropriate — except the restrictions in section 300x–31, which still apply. (d) Issuance of regulations; precondition to making grants — (1) Regulations. By August 25, 1992, the Secretary had to issue regulations spelling out when an application counts as meeting this section. (2) Issuance as precondition to making grants. The Secretary couldn't make any fiscal year 1993 payments on or after January 1, 1993, until those regulations were issued. (e) Waiver authority for certain requirements — (1) In general. On a State's request, the Secretary can waive all or part of the requirements in the sections listed in paragraph (2), using objective criteria the Secretary sets by regulation after talking with States and other interested people, including consumers and providers. (2) Sections. The sections that can be waived are 300x–22(b), 300x–23, 300x–24, and 300x–28. (3) Date certain for acting upon request. The Secretary must approve or deny the request within 120 days after getting the request and all the supporting information it needs. (4) Annual reporting requirement. The Secretary must report publicly every year on which States received a waiver under this subsection.