---
kind: "section"
citation: "42 U.S.C. § 300x–32"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300x–32"
heading: "Application for grant; approval of State plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300x-32"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XVII — Block Grants"
  - "Part B — Block Grants Regarding Mental Health and Substance Use"
  - "Subpart ii — block grants for substance use prevention, treatment, and recovery services"
---

# §300x–32. Application for grant; approval of State plan

- (a) **In general—** For purposes of [section 300x–21 of this title](/usc/42/300x–21.md), an application for a grant under such section for a fiscal year is in accordance with this section if, subject to [subsection (c)](#c)—
  - (1) the application is received by the [Secretary](/usc/42/201.md?p=c) not later than October 1 of the fiscal year for which the [State](/usc/42/201.md?p=f) is seeking funds;
  - (2) the application contains each [funding agreement](/usc/42/300x–8.md?p=2) 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](/usc/42/201.md?p=f));
  - (3) the agreements are made through certification from the chief executive officer of the [State](/usc/42/201.md?p=f);
  - (4) with respect to such agreements, the application provides assurances of compliance satisfactory to the [Secretary](/usc/42/201.md?p=c);
  - (5) the application contains the report required in [section 300x–52(a) of this title](/usc/42/300x–52.md?p=a);
  - (6)
    - (A) the application contains a plan in accordance with [subsection (b)](#b) and the plan is approved by the [Secretary](/usc/42/201.md?p=c); and
    - (B) the [State](/usc/42/201.md?p=f) provides assurances satisfactory to the [Secretary](/usc/42/201.md?p=c) that the [State](/usc/42/201.md?p=f) complied with the provisions of the plan under [subparagraph (A)](#a-6-A) that was approved by the [Secretary](/usc/42/201.md?p=c) for the most recent fiscal year for which the [State](/usc/42/201.md?p=f) received a grant under [section 300x–21 of this title](/usc/42/300x–21.md); and
  - (7) the application (including the plan under [paragraph (6)](#a-6)) is otherwise in such form, is made in such manner, and contains such agreements, assurances, and information as the [Secretary](/usc/42/201.md?p=c) determines to be necessary to carry out this subpart.
- (b) **State plan—**
  - (1) **In general—** In order for a [State](/usc/42/201.md?p=f) to be in compliance with [subsection (a)(6)](#a-6), the [State](/usc/42/201.md?p=f) shall submit to the [Secretary](/usc/42/201.md?p=c) a plan that, at a minimum, includes the following:
    - (A) A description of the [State](/usc/42/201.md?p=f)’s system of care that—
      - (i) identifies the single [State agency](/usc/42/300s–3.md?p=12) responsible for the administration of the [program](/usc/42/274l–1.md?p=4), including any third party who administers [substance use disorder services](/usc/42/290cc–34.md?p=4) and is responsible for complying with the requirements of the grant;
      - (ii) provides information on the need for [substance use disorder](/usc/42/300x–34.md?p=4) prevention and [treatment services](/usc/42/300x–34.md?p=7) in the [State](/usc/42/201.md?p=f), including estimates on the number of individuals who need [treatment](/usc/42/11851.md?p=11), who are pregnant women, women with dependent children, individuals with a co-occurring mental health and [substance use disorder](/usc/42/300x–34.md?p=4), persons who inject [drugs](/usc/42/11851.md?p=4), and persons who are experiencing homelessness;
      - (iii) provides aggregate information on the number of individuals in [treatment](/usc/42/11851.md?p=11) within the [State](/usc/42/201.md?p=f), including the number of such individuals who are pregnant women, women with dependent children, individuals with a co-occurring mental health and [substance use disorder](/usc/42/300x–34.md?p=4), persons who inject [drugs](/usc/42/11851.md?p=4), and persons who are experiencing homelessness;
      - (iv) provides a description of the system that is available to provide [services](/usc/42/201.md?p=a) by modality, including the provision of recovery support [services](/usc/42/201.md?p=a);
      - (v) provides a description of the [State](/usc/42/201.md?p=f)’s comprehensive statewide prevention efforts, including the number of individuals being served in the system, target populations, and priority needs, and provides a description of the amount of funds from the prevention set-aside expended on primary prevention;
      - (vi) provides a description of—
        - (I) the [State](/usc/42/201.md?p=f)’s comprehensive statewide recovery support [services](/usc/42/201.md?p=a) activities, including the number of individuals being served, target populations, workforce capacity (consistent with [clause (viii)](#b-1-A-viii)), and priority needs; and
        - (II) the amount of funds received under this subpart expended on recovery support [services](/usc/42/201.md?p=a), disaggregated by the amount expended for type of [service](/usc/42/201.md?p=a) activity;
      - (vii) provides a description of the financial resources available;
      - (viii) describes the existing [substance use disorders](/usc/42/300x–34.md?p=4) workforce, including with respect to prevention, [treatment](/usc/42/11851.md?p=11), and recovery, and workforce trained in treating co-occurring substance use and mental disorders;
      - (ix) includes a description of how the [State](/usc/42/201.md?p=f) promotes evidence-based [practices](/usc/42/17061.md?p=19); and
      - (x) describes how the [State](/usc/42/201.md?p=f) integrates [substance use disorder services](/usc/42/290cc–34.md?p=4) and primary health care, which in the case of those individuals with co-occurring mental health and [substance use disorders](/usc/42/300x–34.md?p=4) may include providing both mental health and [substance use disorder services](/usc/42/290cc–34.md?p=4) in primary care settings or providing primary and specialty [care services](/usc/42/300z–1.md?p=a-7) in community-based mental health and [substance use disorder](/usc/42/300x–34.md?p=4) [service](/usc/42/201.md?p=a) settings.
    - (B) The establishment of goals and objectives for the period of the plan, including targets and milestones that are intended to be met, and the activities that will be undertaken to achieve those targets.
    - (C) A description of how the [State](/usc/42/201.md?p=f) will comply with each [funding agreement](/usc/42/300x–8.md?p=2) for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) that is applicable to the [State](/usc/42/201.md?p=f), including a description of the manner in which the [State](/usc/42/201.md?p=f) intends to expend grant funds.
  - (2) **Modifications—**
    - (A) **Authority of Secretary—** As a condition;[^1] of making a grant under [section 300x–21 of this title](/usc/42/300x–21.md) to a [State](/usc/42/201.md?p=f) for a fiscal year, the [Secretary](/usc/42/201.md?p=c) may require that the [State](/usc/42/201.md?p=f) modify any provision of the plan submitted by the [State](/usc/42/201.md?p=f) under [subsection (a)(6)](#a-6) (including provisions on priorities in carrying out [authorized activities](/usc/42/300x–34.md?p=1)). If the [Secretary](/usc/42/201.md?p=c) approves the plan and makes the grant to the [State](/usc/42/201.md?p=f) for the fiscal year, the [Secretary](/usc/42/201.md?p=c) may not during such year require the [State](/usc/42/201.md?p=f) to modify the plan.
    - (B) **State request for modification—** If the [State](/usc/42/201.md?p=f) determines that a modification to such plan is necessary, the [State](/usc/42/201.md?p=f) may request the [Secretary](/usc/42/201.md?p=c) to approve the modification. Any such modification shall be in accordance with [paragraph (1)](#b-1) and [section 300x–51 of this title](/usc/42/300x–51.md).
  - (3) **Authority of Center for Substance Abuse Prevention—** With respect to plans submitted by the [States](/usc/42/201.md?p=f) under [subsection (a)(6)](#a-6), including any modification under [paragraph (2)](#b-2), the [Secretary](/usc/42/201.md?p=c), acting through the [Director](/usc/42/11851.md?p=5) of the Center for Substance Abuse Prevention, shall review and approve or disapprove the provisions of the plans that relate to [prevention activities](/usc/42/300x–34.md?p=3).
- (c) **Waivers regarding certain territories—** In the case of any territory of the United States except Puerto Rico, the [Secretary](/usc/42/201.md?p=c) may waive such provisions of this subpart and subpart III as the [Secretary](/usc/42/201.md?p=c) determines to be appropriate, other than the provisions of [section 300x–31 of this title](/usc/42/300x–31.md).
- (d) **Issuance of regulations; precondition to making grants—**
  - (1) **Regulations—** Not later than August 25, 1992, the [Secretary](/usc/42/201.md?p=c), acting as appropriate through the [Director](/usc/42/11851.md?p=5) of the Center for [Treatment](/usc/42/11851.md?p=11) Improvement or the [Director](/usc/42/11851.md?p=5) of the Center for Substance Abuse Prevention, shall by regulation establish standards specifying the circumstances in which the [Secretary](/usc/42/201.md?p=c) will consider an application for a grant under [section 300x–21 of this title](/usc/42/300x–21.md) to be in accordance with this section.
  - (2) **Issuance as precondition to making grants—** The [Secretary](/usc/42/201.md?p=c) may not make payments under any grant under [section 300x–21 of this title](/usc/42/300x–21.md) for fiscal year 1993 on or after January 1, 1993, unless the [Secretary](/usc/42/201.md?p=c) has issued standards under [paragraph (1)](#d-1).
- (e) **Waiver authority for certain requirements—**
  - (1) **In general—** Upon the request of a [State](/usc/42/201.md?p=f), the [Secretary](/usc/42/201.md?p=c) may waive the requirements of all or part of the sections described in [paragraph (2)](#e-2) using objective criteria established by the [Secretary](/usc/42/201.md?p=c) by regulation after consultation with the [States](/usc/42/201.md?p=f) and other interested parties including consumers and [providers](/usc/42/299b–21.md?p=8).
  - (2) **Sections—** The sections described in [paragraph (1)](#e-1) are sections [300x–22(b)](/usc/42/300x–22.md?p=b), [300x–23](/usc/42/300x–23.md), [300x–24](/usc/42/300x–24.md) and [300x–28](/usc/42/300x–28.md) of this title.
  - (3) **Date certain for acting upon request—** The [Secretary](/usc/42/201.md?p=c) shall approve or deny a request for a waiver under [paragraph (1)](#e-1) and inform the [State](/usc/42/201.md?p=f) 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](/usc/42/201.md?p=c) shall annually report to the general public on the [States](/usc/42/201.md?p=f) that receive a waiver under this subsection.

## Footnotes

[^1]: So in original. The semicolon probably should not appear.

## 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; Pub. L. 114–255, div. B, title VIII, § 8002(i), Dec. 13, 2016, 130 Stat. 1231; Pub. L. 117–328, div. FF, title I, § 1243, Dec. 29, 2022, 136 Stat. 5678.)

## Notes

### Editorial Notes

### 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.

### Amendments

2022—Subsec. (b)(1)(A)(vi), (vii). Pub. L. 117–328, § 1243(1), (2), added cl. (vi) and redesignated former cl. (vi) as (vii). Former cl. (vii) redesignated (viii).

Subsec. (b)(1)(A)(viii). Pub. L. 117–328, § 1243(1), (3), redesignated cl. (vii) as (viii) and substituted “disorders workforce, including with respect to prevention, treatment, and recovery,” for “disorders workforce”. Former cl. (viii) redesignated (ix).

Subsec. (b)(1)(A)(ix), (x). Pub. L. 117–328, § 1243(1), redesignated cls. (viii) and (ix) as (ix) and (x), respectively.

2016—Subsec. (a). Pub. L. 114–255, § 8002(i)(1)(A), substituted “subsection (c)” for “subsections (c) and (d)(2)” in introductory provisions.

Subsec. (a)(5). Pub. L. 114–255, § 8002(i)(1)(B), struck out “the information required in section 300x–29 of this title, the information required in section 300x–30(c)(2) of this title, and” after “the application contains”.

Subsec. (b)(1). Pub. L. 114–255, § 8002(i)(2)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “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.”

Subsec. (b)(2). Pub. L. 114–255, § 8002(i)(2)(B), substituted “Modifications” for “Authority of Secretary regarding modifications” in heading, designated existing provisions as subpar. (A), substituted “As a condition;” for “As a condition” and inserted heading in subpar. (A), and added subpar. (B).

Subsec. (b)(3). Pub. L. 114–255, § 8002(i)(2)(C), inserted “, including any modification under paragraph (2)” after “subsection (a)(6)”.

Subsec. (e)(2). Pub. L. 114–255, § 8002(i)(3), which directed substitution of “section 300x–22(b)” for “section 300x–22(c)”, was executed by substituting “sections 300x–22(b)” for “sections 300x–22(c)” to reflect the probable intent of Congress.

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).