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34 U.S.C. § 10423 — Review of State applications

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10423 — Review of State applications

**(a) In general** The Attorney General shall make a grant under [section 10421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10421&num=0&edition=prelim) to carry out the projects described in the application submitted under [section 10422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim) 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim) shall be considered approved, in whole or in part, by the Attorney General not later than 90 days after first received unless the Attorney General 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 projects. **(d) Disapproval notice and reconsideration** The Attorney General 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 under [section 10422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim), the Attorney General shall give priority to an application that involves a partnership between the State and a

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Source location: Title 34, Chapter 101, § 10423; chapter-101-justice-system-improvement.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796ff–2 — Transferred

### Statutory Notes #### Codification Section 3796ff was editorially reclassified as [section 10421 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10421&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10421 — Grant authorization

**(a) In general** The Attorney General may make grants under this subchapter to States, for use by States and units of local government for the purpose of— (1) developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment; (2) encouraging the establishment and maintenance of drug-free prisons and jails; and (3) developing and implementing specialized residential substance abuse treatment programs that identify and provide appropriate treatment to inmates with co-occurring mental health and substance abuse disorders or challenges. **(b) Consultation** The Attorney General shall consult with the Secretary of Health and Human Services to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches including relapse prevention and aftercare services. **(c) Additional use of funds** States that demonstrate that they have existing in-prison drug treatment programs that are in compliance with Federal requirements may use funds awarded under this subchapter for treatment and sanctions both during incarceration and after release.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10422 — State applications

**(a) In general** (1) To request a grant under this subchapter the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (2) Such application shall include assurances that Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter. (3) Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol 11 So in original. Probably should not be capitalized. and Drug 1 Abuse 1 agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency). **(b) Substance abuse testing requirement** To be eligible to receive funds under this subchapter, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing, including both periodic and random testing— (1) of an individual before the individual enters a residential substance abuse treatment program and during the period in which the individual participates in the treatment program; and (2) of an individual released from a residential substance abuse treatment program if the individual remains in the custody of the State. **(c) Requirement for aftercare component** (1) To be eligible for funding under this subchapter, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with aftercare

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796ff–4 — Transferred

### Statutory Notes #### Codification Section 3796ff–2 was editorially reclassified as [section 10423 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10423&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10423 — Review of State applications

Page 126 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10423 or former inmates that meet the requirements of subsection (c), if the chief executive officer of the State certifies to the Attorney General that the State is providing, and will continue to pro- vide, an adequate level of residential treatment services. (Pub. L. 90–351, title I, § 1902, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1898; amended Pub. L. 107–273, div. B, title II, § 2102(2), Nov. 2, 2002, 116 Stat. 1792; Pub. L. 109–162, title XI, §§ 1111(c)(2)(J), 1145(a), (b), Jan. 5, 2006, 119 Stat. 3102, 3111; Pub. L. 110–199, title I, § 102(a), Apr. 9, 2008, 122 Stat. 668.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ff–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–199 substituted ‘‘Re- quirement for aftercare component’’ for ‘‘Aftercare services requirement’’ in heading and amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘To be eligible for funding under this subchapter, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this sub- chapter will be provided with after care services.’’ 2006—Subsec. (b). Pub. L. 109–162, § 1145(a), reenacted subsec. heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘To be eligible to receive funds under this subchapter, a State must agree to implement

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