42 U.S.C. § 290dd — Substance abuse among government and

Page 923 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd and the definition of ‘‘substance abuse services’’ was amended to define ‘‘substance use disorder services’’ by Pub. L. 115–123, div. E, title IX, § 50901(b)(8)(B)(ii), (iii), Feb. 9, 2018, 132 Stat. 285. AMENDMENTS 2016—Par. (4). Pub. L. 114–255 amended par. (4) gen- erally. Prior to amendment, text read as follows: ‘‘The term ‘substance abuse’ means the abuse of alcohol or other drugs.’’ 2002—Par. (2). Pub. L. 107–251 substituted ‘‘254b(h)(5) ’’ for ‘‘256(r)’’. 1990—Pub. L. 101–645 amended section generally, sub- stituting provisions relating to definitions for provi- sions relating to nondiscrimination. § 290cc–35. Funding (a) Authorization of appropriations For the purpose of carrying out this part, there is authorized to be appropriated $64,635,000 for each of fiscal years 2023 through 2027. (b) Effect of insufficient appropriations for min- imum allotments (1) In general If the amounts made available under sub- section (a) for a fiscal year are insufficient for providing each State with an allotment under section 290cc–21 of this title of not less than the applicable amount under section 290cc–24(a)(1) of this title, the Secretary shall, from such amounts as are made available under such subsection, make grants to the States for providing to eligible homeless indi- viduals the services specified in section 290cc–22(b) of this title. (2) Rule of construction Paragraph (1) may not be construed to re- quire the Secretary to make a grant under such paragraph to each State. (July 1, 1944, ch. 373, title V, § 535, as added Pub. L. 100–77, title VI, § 611(3), July 22, 1987, 101 Stat. 523; amended Pub. L. 100–607, title VIII, § 811(a), Nov. 4, 1988, 102 Stat. 3169; Pub. L. 100–628, title VI, § 611(a), Nov. 7, 1988, 102 Stat. 3242; Pub. L. 101–93, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 101–645, title V, § 511, Nov. 29, 1990, 104 Stat. 4733; Pub. L. 106–310, div. B, title XXXII, § 3203(b), Oct. 17, 2000, 114 Stat. 1191; Pub. L. 114–255, div. B, title IX, § 9004(f), Dec. 13, 2016, 130 Stat. 1238; Pub. L. 117–328, div. FF, title I, § 1218, Dec. 29, 2022, 136 Stat. 5670.) Editorial Notes PRIOR PROVISIONS A prior section 290cc–36, act July 1, 1944, ch. 373, title V, § 536, as added July 22, 1987, Pub. L. 100–77, title VI, § 611(3), 101 Stat. 523, and amended Nov. 4, 1988, Pub. L. 100–607, title VIII, §§ 802(b)(3), 812(a), 102 Stat. 3169, 3170; Nov. 7, 1988, Pub. L. 100–628, title VI, §§ 602(b)(3), 612(a), 102 Stat. 3242, 3243; Nov. 18, 1988, Pub. L. 100–690, title II, § 2614(b), 102 Stat. 4239; Aug. 16, 1989, Pub. L. 101–93, § 5(t)(1), 103 Stat. 615, defined terms used in this part, prior to the general revision of this part by Pub. L. 101–645. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–328 substituted ‘‘2023 through 2027’’ for ‘‘2018 through 2022’’. 2016—Subsec. (a). Pub. L. 114–255 substituted ‘‘$64,635,000 for each of fiscal years 2018 through 2022’’ for ‘‘$75,000,000 for each of the fiscal years 2001 through 2003’’. 2000—Subsec. (a). Pub. L. 106–310 substituted ‘‘fiscal years 2001 through 2003’’ for ‘‘fiscal years 1991 through 1994’’. 1990—Pub. L. 101–645 amended section generally, sub- stituting present provisions for similar provisions au- thorizing appropriations and providing for minimum allotments. 1989—Pub. L. 101–93 directed that this section as simi- larly amended by title VIII of Pub. L. 100–607 and title VI of Pub. L. 100–628 be amended to read as if the amendments made by title VI of Pub. L. 100–628 had not been enacted. See 1988 Amendment note below. 1988—Pub. L. 100–607 and Pub. L. 100–628 made iden- tical amendments, amending section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to carry out this part $35,000,000 for fiscal year 1987 and such sums as may be necessary for fiscal year 1988.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100–628 effective Nov. 7, 1988, see section 631 of Pub. L. 100–628, set out as a note under section 254e of this title. Amendment by Pub. L. 100–607 effective Nov. 4, 1988, see section 831 of Pub. L. 100–607, set out as a note under section 254e of this title. PART D—MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH § 290dd. Substance abuse among government and other employees (a) Programs and services (1) Development The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall be responsible for fostering sub- stance abuse prevention and treatment pro- grams and services in State and local govern- ments and in private industry. (2) Model programs (A) In general Consistent with the responsibilities de- scribed in paragraph (1), the Secretary, act- ing through the Assistant Secretary for Mental Health and Substance Use, shall de- velop a variety of model programs suitable for replication on a cost-effective basis in different types of business concerns and State and local governmental entities. (B) Dissemination of information The Secretary, acting through the Assist- ant Secretary for Mental Health and Sub- stance Use, shall disseminate information and materials relative to such model pro- grams to the State agencies responsible for the administration of substance abuse pre- vention, treatment, and rehabilitation ac- tivities and shall, to the extent feasible pro- vide technical assistance to such agencies as requested. (b) Deprivation of employment (1) Prohibition No person may be denied or deprived of Fed- eral civilian employment or a Federal profes- sional or other license or right solely on the grounds of prior substance abuse. Page 924 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd–1 (2) Application This subsection shall not apply to employ- ment in— (A) the Central Intelligence Agency; (B) the Federal Bureau of Investigation; (C) the National Security Agency; (D) any other department or agency of the Federal Government designated for purposes of national security by the President; or (E) in any position in any department or agency of the Federal Government, not re- ferred to in subparagraphs (A) through (D), which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive posi- tion. (3) Rehabilitation Act The inapplicability of the prohibition de- scribed in paragraph (1) to the employment de- scribed in paragraph (2) shall not be construed to reflect on the applicability of the Rehabili- tation Act of 1973 [29 U.S.C. 701 et seq.] or other anti-discrimination laws to such em- ployment. (c) Construction This section shall not be construed to prohibit the dismissal from employment of a Federal ci- vilian employee who cannot properly function in his employment. (July 1, 1944, ch. 373, title V, § 541, formerly Pub. L. 91–616, title III, § 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 92–554, Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93–282, title I, § 105(a), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 3(a), July 26, 1976, 90 Stat. 1035; Pub. L. 96–180, § 7, Jan. 2, 1980, 93 Stat. 1303; Pub. L. 97–35, title IX, § 962(a), Aug. 13, 1981, 95 Stat. 592; renumbered § 520 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; renumbered § 541, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 100–607, title VIII, § 813(2), Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100–628, title VI, § 613(2), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 101–93, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366; Pub. L. 114–255, div. B, title VI, § 6001(c)(1), Dec. 13, 2016, 130 Stat. 1203.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. CODIFICATION Section was formerly classified to section 4571 of this title prior to renumbering by Pub. L. 98–24. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–255 substituted ‘‘Assist- ant Secretary for Mental Health and Substance Use’’ for ‘‘Administrator of the Substance Abuse and Mental Health Services Administration’’ wherever appearing. 1992—Pub. L. 102–321 amended section generally, sub- stituting provisions relating to substance abuse among government and other employees for provisions relat- ing to technical assistance to States relative to alcohol abuse and alcoholism programs. 1989—Subsec. (a)(4). Pub. L. 101–93 directed that sub- sec. (a)(4) of this section as similarly amended by title VIII of Pub. L. 100–607 and title VI of Pub. L. 100–628 be amended to read as if the amendments made by title VI of Pub. L. 100–628 had not been enacted. See 1988 Amendment note below. 1988—Subsec. (a)(4). Pub. L. 100–607 and Pub. L. 100–628 made identical technical amendments to reference to section 290dd–2 of this title to reflect renumbering of corresponding section of original act. 1984—Pub. L. 98–509 amended directory language of Pub. L. 98–24, § 2(b)(13). See 1983 Amendment note below. 1983—Pub. L. 98–24, § 2(b)(13), as amended by Pub. L. 98–509, renumbered section 4571 of this title as this sec- tion. Subsec. (a). Pub. L. 98–24, § 2(b)(13)(A)(i), substituted ‘‘the National Institute on Alcohol Abuse and Alco- holism’’ for ‘‘the Institute’’. Subsec. (a)(4). Pub. L. 98–24, § 2(b)(13)(A)(ii), sub- stituted ‘‘section 290dd–2 of this title’’ for ‘‘section 4581 of this title’’. Subsec. (b). Pub. L. 98–24, § 2(b)(13)(A)(iii), substituted ‘‘this subchapter’’ for references to ‘‘this chapter’’, meaning chapter 60 (§ 4541 et seq.) of this title, and the Drug Abuse Prevention, Treatment, and Rehabilitation Act [21 U.S.C. 1101 et seq.]. 1981—Pub. L. 97–35 restructured provisions and sub- stituted provisions relating to technical assistance for enumerated activities, and improvement of coordina- tion with Drug Abuse Prevention, Treatment, and Re- habilitation Act, for provisions authorizing appropria- tions through fiscal year ending Sept. 30, 1981, for cov- ered activities. 1980—Pub. L. 96–180 authorized appropriation of $60,000,000 and $65,000,000 for fiscal years ending Sept. 30, 1980, and 1981. 1976—Pub. L. 94–371 struck out ‘‘and’’ after ‘‘1975’’ and inserted provisions authorizing $70,000,000 to be appro- priated for fiscal year ending Sept. 30, 1977, $77,000,000 to be appropriated for fiscal year ending Sept. 30, 1978, and $85,000,000 to be appropriated for fiscal year ending Sept. 30, 1979. 1974—Pub. L. 93–282 authorized appropriation of $80,000,000 for fiscal years ending June 30, 1975 and June 30, 1976. 1972—Pub. L. 92–554 substituted ‘‘for each of the next two fiscal years’’ for ‘‘for the fiscal year ending June 30, 1973’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assist- ance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title. EFFECTIVE DATE OF 1988 AMENDMENTS Amendment by Pub. L. 100–628 effective Nov. 7, 1988, see section 631 of Pub. L. 100–628, set out as a note under section 254e of this title. Amendment by Pub. L. 100–607 effective Nov. 4, 1988, see section 831 of Pub. L. 100–607, set out as a note under section 254e of this title. § 290dd–1. Admission of substance abusers to pri- vate and public hospitals and outpatient fa- cilities (a) Nondiscrimination Substance abusers who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely be- cause of their substance abuse, by any private or