---
kind: "section"
citation: "34 U.S.C. § 10423"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10423"
heading: "Review of State applications"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10423"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter XVIII — Residential Substance Abuse Treatment for State Prisoners"
---

# §10423. Review of State applications

- (a) **In general—** The [Attorney General](/usc/34/10307.md?p=1) shall make a grant under [section 10421 of this title](/usc/34/10421.md) to carry out the projects described in the application submitted under [section 10422 of this title](/usc/34/10422.md) upon determining that—
  - (1) the application is consistent with the requirements of this subchapter; and
  - (2) before the approval of the application the [Attorney General](/usc/34/10307.md?p=1) has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this subchapter.
- (b) **Approval—** Each application submitted under [section 10422 of this title](/usc/34/10422.md) shall be considered approved, in whole or in part, by the [Attorney General](/usc/34/10307.md?p=1) not later than 90 days after first received unless the [Attorney General](/usc/34/10307.md?p=1) informs the applicant of specific reasons for disapproval.
- (c) **Restriction—** Grant funds received under this subchapter shall not be used for land acquisition or [construction](/usc/34/11103.md?p=10) projects.
- (d) **Disapproval notice and reconsideration—** The [Attorney General](/usc/34/10307.md?p=1) shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration.
- (e) **Priority for partnerships with community-based drug treatment programs—** In considering an application submitted by a [State](/usc/34/10410.md?p=3) under [section 10422 of this title](/usc/34/10422.md), the [Attorney General](/usc/34/10307.md?p=1) shall give priority to an application that involves a partnership between the [State](/usc/34/10410.md?p=3) and a community-based drug [treatment](/usc/34/11103.md?p=15) program within the [State](/usc/34/10410.md?p=3).

## Source credit

(Pub. L. 90–351, title I, § 1903, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1899; amended Pub. L. 109–162, title XI, § 1145(c), Jan. 5, 2006, 119 Stat. 3112.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 3796ff–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2006—Subsec. (e). Pub. L. 109–162 added subsec. (e).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 10422 of this title.