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42 U.S.C. § 4542 — Congressional declaration for utilization

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

42 U.S.C. § 4542 — Congressional declaration for utilization

Page 6190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4542 sive Alcohol Abuse and Alcoholism Prevention, Treat- ment, and Rehabilitation Act of 1970’.’’ NATIONAL COMMISSION ON ALCOHOLISM AND OTHER AL- COHOL-RELATED PROBLEMS; ESTABLISHMENT; EXECU- TIVE SECRETARY; INTERIM AND FINAL REPORTS OF STUDY; TERMINATION; AUTHORIZATION OF APPROPRIA- TIONS Pub. L. 96–180, § 18, Jan. 2, 1980, 93 Stat. 1306, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979; Pub. L. 98–24, § 5(a)(2), Apr. 26, 1983, 97 Stat. 183, 93 Stat. 695, provided that: ‘‘(a)(1) There is established a Commission to be known as the National Commission on Alcoholism and Other Alcohol-Related Problems (hereinafter in this section referred to as the ‘Commission’). The Commis- sion shall be composed of— ‘‘(A) four Members of the Senate appointed by the President of the Senate upon the recommendation of the majority and minority leaders; ‘‘(B) four Members of the House of Representatives appointed by the Speaker of the House of Representa- tives upon the recommendation of the majority and minority leaders; ‘‘(C) nine public members appointed by the Presi- dent; and ‘‘(D) not more than four nonvoting members ap- pointed by the President from individuals employed in the administration of programs of the Federal Government which affect the prevention and treat- ment of alcoholism and the rehabilitation of alco- holics and alcohol abusers. At no time shall more than two members appointed under subparagraph (A), more that two of the members appointed under subparagraph (B), or more than five of the members appointed under subparagraph (C) be members of the same political party. ‘‘(2)(A) The President shall designate one of the mem- bers of the Commission as Chairman, and one as Vice Chairman

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Source location: USCODE-2024-title42-chap60-sec4542.pdf

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Page 6190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4542 sive Alcohol Abuse and Alcoholism Prevention, Treat- ment, and Rehabilitation Act of 1970’.’’ NATIONAL COMMISSION ON ALCOHOLISM AND OTHER AL- COHOL-RELATED PROBLEMS; ESTABLISHMENT; EXECU- TIVE SECRETARY; INTERIM AND FINAL REPORTS OF STUDY; TERMINATION; AUTHORIZATION OF APPROPRIA- TIONS Pub. L. 96–180, § 18, Jan. 2, 1980, 93 Stat. 1306, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979; Pub. L. 98–24, § 5(a)(2), Apr. 26, 1983, 97 Stat. 183, 93 Stat. 695, provided that: ‘‘(a)(1) There is established a Commission to be known as the National Commission on Alcoholism and Other Alcohol-Related Problems (hereinafter in this section referred to as the ‘Commission’). The Commis- sion shall be composed of— ‘‘(A) four Members of the Senate appointed by the President of the Senate upon the recommendation of the majority and minority leaders; ‘‘(B) four Members of the House of Representatives appointed by the Speaker of the House of Representa- tives upon the recommendation of the majority and minority leaders; ‘‘(C) nine public members appointed by the Presi- dent; and ‘‘(D) not more than four nonvoting members ap- pointed by the President from individuals employed in the administration of programs of the Federal Government which affect the prevention and treat- ment of alcoholism and the rehabilitation of alco- holics and alcohol abusers. At no time shall more than two members appointed under subparagraph (A), more that two of the members appointed under subparagraph (B), or more than five of the members appointed under subparagraph (C) be members of the same political party. ‘‘(2)(A) The President shall designate one of the mem- bers of the Commission as Chairman, and one as Vice Chairman. Nine members of the Commission shall con- stitute a quorum, but a lesser number may conduct hearings. Members appointed under paragraph (1)(D) shall not be considered in determining a quorum of the Commission. ‘‘(B) Members of the Commission shall serve without compensation, but shall be reimbursed for travel, sub- sistence, and other necessary expenses incurred in the performance of the duties vested in the Commission. ‘‘(C) The Commission shall meet at the call of the Chairman or at the call of the majority of the members thereof. ‘‘(3)(A) The Commission may appoint, without regard to the provisions of title 5, United States Code, gov- erning appointments in the competitive service, an ex- ecutive secretary to assist the Commission in carrying out its functions. ‘‘(B) The Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines necessary for the Commis- sion to carry out effectively its functions. ‘‘(C) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this section. Upon request of the Chairman of the Commis- sion, the head of such department or agency shall fur- nish such information to the Commission consistent with applicable laws and regulations with respect to the privacy of medical records. ‘‘(b) The Commission shall conduct a study of alco- holism and alcohol-related problems and shall include in the study— ‘‘(1) an assessment of unmet treatment and reha- bilitation needs of alcoholics and their families; ‘‘(2) an assessment of personnel needs in the fields of research, treatment, rehabilitation, and preven- tion; ‘‘(3) an assessment of the integration and financing of alcoholism treatment and rehabilitation into health and social health care services within commu- nities; ‘‘(4) a study of the relationship of alcohol use to ag- gressive behavior and crime; ‘‘(5) a study of the relationship of alcohol use to family violence; ‘‘(6) a study of the relationship of alcoholism to ill- nesses, particularly those illnesses with a high stress component, among family members of alcoholics; ‘‘(7) an evaluation of the effectiveness of prevention programs, including the relevance of alcohol control laws and regulations to alcoholism and alcohol-re- lated problems; ‘‘(8) a survey of the unmet research needs in the area of alcoholism and alcohol-related problems; ‘‘(9) a survey of the prevalence of occupational alco- holism and alcohol abuse programs offered by Federal contractors; and ‘‘(10) an evaluation of the needs of special and un- derserved population groups, including American In- dians, Alaskan Natives, Native Hawaiians, Native American Pacific Islanders, youth, the elderly, women, and the handicapped and assess the adequacy of existing services to fulfill such needs. ‘‘(c) The Commission shall submit to the President and the Congress such interim reports as it deems ad- visable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommenda- tions for legislation and administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection. ‘‘(d) The Secretary of Health and Human Services shall be responsible for the coordination of the activi- ties of the Commission. ‘‘(e) There are authorized to be appropriated for the purposes of this section $1,000,000 to remain available until the expiration of the Commission.’’ § 4542. Congressional declaration for utilization of programs under other Federal laws in fields of health and social services The Congress declares that, in addition to the programs under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.], programs under other Federal laws which provide Federal or federally assisted research, prevention, treatment, or rehabilitation in the fields of health and social services should be ap- propriately utilized to help eradicate alcohol abuse and alcoholism as a major problem. (Pub. L. 93–282, title I, § 102(b), May 14, 1974, 88 Stat. 126.) Editorial Notes REFERENCES IN TEXT The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, which is classified principally to this chap- ter (§ 4541 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4541 of this title and Tables. CODIFICATION Section was not enacted as part of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 which comprises this chapter. Page 6191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4577 1 See References in Text note below. SUBCHAPTER I—NATIONAL INSTITUTE ON, AND INTERAGENCY COMMITTEE ON FED- ERAL ACTIVITIES FOR, ALCOHOL ABUSE AND ALCOHOLISM; REPORTS AND REC- OMMENDATIONS § 4551. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–616, title I, § 101, Dec. 31, 1970, 84 Stat. 1848; Pub. L. 93–282, title II, § 203(a), May 14, 1974, 88 Stat. 135; Pub. L. 96–180, § 3, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(a), Aug. 13, 1981, 95 Stat. 595, which established the National Institute on Alcohol Abuse and Alcoholism, was redesignated section 502 of the Public Health Service Act by Pub. L. 98–24, § 2(b)(3), Apr. 26, 1983, 97 Stat. 177, and is classified to section 290aa–1 of this title. §§ 4552, 4553. Repealed. Pub. L. 98–24, § 2(c)(1), Apr. 26, 1983, 97 Stat. 182 Section 4552, Pub. L. 91–616, title I, § 102, Dec. 31, 1970, 84 Stat. 1848; Pub. L. 93–282, title II, § 203(b)(1), (2)(A), May 14, 1974, 88 Stat. 136; Pub. L. 96–180, § 4, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(b), Aug. 13, 1981, 95 Stat. 595, required reports and recommenda- tions by the Secretary to the Congress and to the President on programs of alcohol abuse and alcoholism. See section 290aa–4 of this title. Section 4553, Pub. L. 91–616, title I, § 103, as added Pub. L. 93–282, title I, § 131, May 14, 1974, 88 Stat. 133; amended Pub. L. 96–180, § 5, Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, § 966(c), Aug. 13, 1981, 95 Stat. 595, established the Interagency Committee on Federal Ac- tivities for Alcohol Abuse and Alcoholism. SUBCHAPTER II—ALCOHOL ABUSE AND AL- COHOLISM PREVENTION, TREATMENT, AND REHABILITATION PROGRAMS FOR GOVERNMENT AND OTHER EMPLOYEES § 4561. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–616, title II, § 201, Dec. 31, 1970, 84 Stat. 1849; Pub. L. 96–180, § 6(a), (b)(1), Jan. 2, 1980, 93 Stat. 1302; Pub. L. 97–35, title IX, §§ 961, 966(d), (e), Aug. 13, 1981, 95 Stat. 592, 595, which provided for programs of alcohol abuse and alcoholism prevention for govern- ment and other employees, was redesignated section 521 of the Public Health Service Act by Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181, and is classified to section 290dd–1 of this title. SUBCHAPTER III—TECHNICAL ASSISTANCE AND FEDERAL GRANTS AND CONTRACTS PART A—TECHNICAL ASSISTANCE § 4571. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–616, title III, § 301, Dec. 31, 1970, 84 Stat. 1849; 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, which provided for a program of technical assistance to States, was redes- ignated section 520 of the Public Health Service Act by Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181, and is classified to section 290dd of this title. §§ 4572, 4573. Repealed. Pub. L. 97–35, title IX, § 962(b), Aug. 13, 1981, 95 Stat. 593 Section 4572, Pub. L. 91–616, title III, § 302, Dec. 31, 1970, 84 Stat. 1849; Pub. L. 93–282, title I, § 106(a), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 3(b), July 26, 1976, 90 Stat. 1035; Pub. L. 95–83, title III, § 311(b), Aug. 1, 1977, 91 Stat. 397; Pub. L. 96–180, § 8, Jan. 2, 1980, 93 Stat. 1303, related to amounts, criteria, etc., for State allotments. Section 4573, Pub. L. 91–616, title III, § 303, Dec. 31, 1970, 84 Stat. 1850; Pub. L. 93–282, title I, § 106(b), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 5(a), (b)(1), (c), July 26, 1976, 90 Stat. 1036; Pub. L. 95–83, title III, § 311(a)(1), (2), Aug. 1, 1977, 91 Stat. 397; Pub. L. 95–622, title II, § 268(b), Nov. 9, 1978, 92 Stat. 3437; Pub. L. 96–79, title I, § 115(j)(1), Oct. 4, 1979, 93 Stat. 610; Pub. L. 96–180, § 9, Jan. 2, 1980, 93 Stat. 1303, related to submission, con- tents, etc., for State plans. § 4574. Transferred Editorial Notes CODIFICATION Section, Pub. L. 91–616, title III, § 304, as added Pub. L. 93–282, title I, § 107, May 14, 1974, 88 Stat. 127, which related to special grants for implementation of the Uniform Alcoholism and Intoxication Treatment Act, was transferred to section 4576 of this title and subse- quently repealed. PART B—IMPLEMENTATION AND PROJECT GRANTS AND CONTRACTS § 4576. Repealed. Pub. L. 97–35, title IX, § 962(b), Aug. 13, 1981, 95 Stat. 593 Section, Pub. L. 91–616, title III, § 310, formerly § 304, as added Pub. L. 93–282, title I, § 107, May 14, 1974, 88 Stat. 127; amended Pub. L. 94–273, § 2(26), Apr. 21, 1976, 90 Stat. 376; renumbered and amended Pub. L. 94–371, § 4(a), (b), (c)(1), (2), (d), July 26, 1976, 90 Stat. 1035, 1036; Pub. L. 96–180, § 10, Jan. 2, 1980, 93 Stat. 1304, related to special grants for implementation of Uniform Alco- holism and Intoxication Treatment Act. § 4577. Grants and contracts for demonstration of new and more effective drug and alcohol abuse prevention, treatment, and rehabilita- tion programs (a) Projects and programs The Secretary, acting through the Institute, may make grants to public and nonprofit pri- vate entities and may enter into contracts with public and private entities and with individ- uals— (1) to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects in occupa- tional and educational settings and on modi- fied community living and work-care arrange- ments such as halfway houses, recovery homes, and supervised home care, and with particular emphasis on developing new and more effective alcohol abuse and alcoholism prevention, treatment, and rehabilitation pro- grams, (2) to support projects of a demonstrable value in developing methods for the effective coordination of all alcoholism treatment, training, prevention, and research resources available within a health service area estab- lished under section 300l 1 of this title, and

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

42 U.S.C. § 4541 — Payments

Payments under this chapter may be made in advance or by way of reimbursement and in such installments as the Secretary may determine.

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

42 U.S.C. § 4541 — Congressional findings and declaration of

Page 6188 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4528 to 4532 subsections (c)(2), (c)(4), (d), and (f), of title 12: Provided, That subsection (a)(1) of section 1749a 1 of title 12 shall not apply with respect to functions, powers, and duties under section 4520 1 of this title; (2) have the power, notwithstanding any other provision of law, in connection with any assistance under this part, whether before or after any default, to provide by contract for the extinguishment upon default of any re- demption, equitable, legal, or other right, title, or interest of the private new commu- nity developer or State land development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Sec- retary for the protection of the security inter- ests of the United States; and (3) have the power to foreclose on any prop- erty or commence any action to protect or en- force any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has pro- vided assistance pursuant to this part. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of com- promise or otherwise all claims acquired by him in connection with any security, subroga- tion, or other rights obtained by him in ad- ministering this part. (Pub. L. 91–609, title VII, § 726, Dec. 31, 1970, 84 Stat. 1801.) Editorial Notes

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

42 U.S.C. § 4542 — Contract authority in appropriation Acts

The authority of the Secretary to enter into contracts under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.

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