Page:United States Statutes at Large Volume 119.djvu/1999

 PUBLIC LAW 109–60—AUG. 11, 2005

119 STAT. 1981

‘‘(viii) penalties for the unauthorized use and disclosure of information maintained in the State controlled substance monitoring program in violation of applicable State law or regulation; ‘‘(ix) information on the relevant State laws, policies, and procedures, if any, regarding purging of information from the database; and ‘‘(x) assurances of compliance with all other requirements of this section; or ‘‘(B) with respect to a State that intends to use funds under the grant as provided for in subsection (a)(1)(B)— ‘‘(i) a budget cost estimate for the controlled substance monitoring program to be improved under the grant; ‘‘(ii) a plan for ensuring that the State controlled substance monitoring program is in compliance with the criteria and penalty requirements described in clauses (ii) through (viii) of subparagraph (A); ‘‘(iii) a plan to enable the State controlled substance monitoring program to achieve interoperability with at least one other State controlled substance monitoring program; and ‘‘(iv) assurances of compliance with all other requirements of this section or a statement describing why such compliance is not feasible or is contrary to the best interests of public health in such State. ‘‘(2) STATE LEGISLATION.—As part of an application under paragraph (1), the Secretary shall require a State to demonstrate that the State has enacted legislation or regulations to permit the implementation of the State controlled substance monitoring program and the imposition of appropriate penalties for the unauthorized use and disclosure of information maintained in such program. ‘‘(3) INTEROPERABILITY.—If a State that submits an application under this subsection geographically borders another State that is operating a controlled substance monitoring program under subsection (a)(1) on the date of submission of such application, and such applicant State has not achieved interoperability for purposes of information sharing between its monitoring program and the monitoring program of such border State, such applicant State shall, as part of the plan under paragraph (1)(B)(iii), describe the manner in which the applicant State will achieve interoperability between the monitoring programs of such States. ‘‘(4) APPROVAL.—If a State submits an application in accordance with this subsection, the Secretary shall approve such application. ‘‘(5) RETURN OF FUNDS.—If the Secretary withdraws approval of a State’s application under this section, or the State chooses to cease to implement or improve a controlled substance monitoring program under this section, a funding agreement for the receipt of a grant under this section is that the State will return to the Secretary an amount which bears the same ratio to the overall grant as the remaining time period for expending the grant funds bears to the overall time period for expending the grant (as specified by the Secretary at the time of the grant).

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