Title 42 — The Public Health and Welfare
Part B · Chapter 60 — Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Program
§ 4577. Grants and contracts for demonstration of new and more effective drug and alcohol abuse prevention, treatment, and rehabilitation programs
Statutory text
Projects and programs
The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals—
to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects in occupational and educational settings and on modified community living and work-care arrangements 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 programs,
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 established under section 300l 1 of this title, and
to provide education and training, which may include additional training to enable treatment personnel to meet certification requirements of public or private accreditation or licensure, or requirements of third-party payors,
for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.
Community participation
Projects and programs for which grants and contracts are made under this section shall (1) be responsive to special requirements of handicapped individuals in receiving such services; (2) whenever possible, be community based, seek (in the case of prevention and treatment services) to insure care of good quality in general community care facilities and under health insurance plans, and be integrated with, and provide for the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals; (3) where a substantial number of the individuals in the population served by the project or program are of limited English-speaking ability, utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose responsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences; and (4) where appropriate utilize existing community resources (including community mental health centers).
Application, coordination of applications in State, evaluation of projects and programs; review and recommendation by Council; criteria for approval; special consideration for underserved populations; authorization from chief executive officer required; maximum amount and duration of grants; applicant to provide proposed performance standards; drug abuse programs included
In administering this section, the Secretary shall require coordination of all applications for projects and programs in a State.
Each applicant from within a State, upon filing its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency responsible for the administration of alcohol abuse and alcoholism prevention, treatment, and rehabilitation activities. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary, in writing, an evaluation of the project or program set forth in the application. Such evaluation shall include comments on the relationship of the project to other projects and programs pending and approved and to any State comprehensive plan for treatment and prevention of alcohol abuse and alcoholism. The State shall furnish the applicant a copy of any such evaluation.
Except as provided in clause (ii), each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for its review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.
Clause (i) shall not apply to an application for a grant under this section for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if an application for a grant under this section for such project or program and for a period of time which includes such 12-month period has been submitted to, and approved by, the Secretary.
Approval of any application for a grant or contract by the Secretary, including the earmarking of financial assistance for a program or project, may be granted only if the application substantially meets a set of criteria established by the Secretary that—
provides that the projects and programs for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant;
provides for such methods of administration as are necessary for the proper and efficient operation of such programs and projects; and
provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant.
The Secretary shall encourage the submission of and give special consideration to applications under this section for programs and projects aimed at underserved populations such as racial and ethnic minorities, Native Americans (including Native Hawaiians and Native American Pacific Islanders), youth, the elderly, women, handicapped individuals, public inebriates, and families of alcoholics.
No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State.
No grant or contract may be made under this section for a period in excess of five years.
The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grant or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section.
For purposes of this subparagraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before .
Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such services.
Nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, or rehabilitation of drug abuse as well as alcohol abuse and alcoholism.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act. of 1970
Pub. L. 91–616 title III § 311 · 84 Stat. 1847
Enacted · 42 U.S.C. § 4577
Pub. L. 91–616, title III, § 311, as added Pub. L. 93–282, title I, § 111, May 14, 1974, 88 Stat. 129
Source evidence
Code source credit
Pub. L. 91–616, title III, § 311, as added Pub. L. 93–282, title I, § 111, May 14, 1974, 88 Stat. 129Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 6(a) · 90 Stat. 1035
Inserted · 42 U.S.C. § 4577(a)
Pub. L. 94–371, § 6(a), inserted provisions which authorized development of effective coordination of all alcoholism treatment resources available, emphasis in treatment projects of those of the population currently underserved, and, training of personnel to enable them to meet certification requirements of public and private accreditation
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–371, § 6(a), inserted provisions which authorized development of effective coordination of all alcoholism treatment resources available, emphasis in treatment projects of those of the population currently underserved, and, training of personnel to enable them to meet certification requirements of public and private accreditation.Enacted provision · exact public law section
(a) Section 311(a) of the Act is amended to read as follows: Grants and contracts. 42 USC 4577. “Sec. 311 (a) The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals— “(1) to conduct demonstration and evaluation projects, including projects designed to develop methods for the effective coordination of all alcoholism treatment, training, prevention, and research resources available within a health service area established under section 1511 of the Public Health Service Act, 42 USC 300l. “(2) to provide treatment and prevention services, with special emphasis on currently underserved populations, such as racial and ethnic minorities, native Americans, youth, female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available, “(3) to provide education and training, which may include additional training to enable treatment personnel to meet certification requirements of public or private accreditation or licensure, or requirements of third-party payors, and “(4) to provide programs and services, including education and counseling services, in cooperation with law enforcement personnel, schools, courts, penal institutions, and other public agencies, for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.”.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 6(b) · 90 Stat. 1035
Redesignated · 42 U.S.C. § 4577(b)
Pub. L. 94–371, § 6(b), added cl. (2). Former cl. (2) redesignated (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 94–371, § 6(b), added cl. (2). Former cl. (2) redesignated (3).Enacted provision · exact public law section
(b) Section 311(b) of the Act is amended by redesignating clause (2) as clause (3) and inserting a new clause (2) after “individuals;” as follows: “(2) where a substantial number of the individuals in the Limited English-speaking individuals. population served by the project or program are of limited English-speaking ability, utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose responsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences;”.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 12(a) · 90 Stat. 1035
Inserted · 42 U.S.C. § 4577(c)(2)
Pub. L. 94–371, § 12(a), inserted provision that each grant application be submitted by the Secretary to the Council for review and could not be approved by the Secretary unless recommended for approval by the Council
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 94–371, § 12(a), inserted provision that each grant application be submitted by the Secretary to the Council for review and could not be approved by the Secretary unless recommended for approval by the Council.Enacted provision · exact public law section
(a) Section 311(c)(2) of the Act is amended by inserting 42 USC 4577. Application, review. Approval. at the end thereof the following: “Each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for its review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.”.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 6(c) · 90 Stat. 1035
Added · 42 U.S.C. § 4577(c)(4); 42 U.S.C. § 4577(c)(5)
Pub. L. 94–371, § 6(c), added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (c)(4), (5). Pub. L. 94–371, § 6(c), added pars. (4) and (5).Enacted provision · exact public law section
(c) Section 311(c) of the Act is amended by adding after paragraph (3) the following new paragraphs: “(4) The Secretary shall give special consideration to applications Programs for women and juveniles, applications. under this section for programs and projects for prevention and treatment of alcohol abuse and alcoholism by women and for programs and projects for prevention and treatment of alcohol abuse and alcoholism by individuals under the age of eighteen. “(5) Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such services.”.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1976
Pub. L. 94–371 § 4(c)(1) · 90 Stat. 1035
Struck · 42 U.S.C. § 4577(d)
Pub. L. 94–371, § 4(c)(1), struck out subsec. (d) which related to authorization of appropriations for fiscal year ending June 30, 1975 and fiscal year ending June 30, 1976. Provisions are now covered by section 4578 of this title
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–371, § 4(c)(1), struck out subsec. (d) which related to authorization of appropriations for fiscal year ending June 30, 1975 and fiscal year ending June 30, 1976. Provisions are now covered by section 4578 of this title.Enacted provision · exact public law section
(1) sections 304(d) and 311(d) of the Act are repealed, Repeals. 42 USC 4577.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Emergency Medical Services Amendments of 1976
Pub. L. 94–573 § 19(a) · 90 Stat. 2709
Inserted · 42 U.S.C. § 4577(c)(2)
Pub. L. 94–573 inserted provision that requirements for submission of applications to the Council for review and approval not apply to a grant application for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if a grant application for a project or program and for a period of time which includes such 12 month period has been submitted to, and approved by, the Secretary
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 94–573 inserted provision that requirements for submission of applications to the Council for review and approval not apply to a grant application for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if a grant application for a project or program and for a period of time which includes such 12 month period has been submitted to, and approved by, the Secretary.Enacted provision · exact public law section
(a) Section 311(c)(2) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42U.S.C. 4577) is amended)— (1) by inserting “(A)” after “(2)”; (2) by striking out the last two sentences thereof; and (3) by inserting at the end thereof the following new subparagraph: “(B) (i) Except as provided in clause (ii), each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for his review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council. “(ii) Clause (i) shall not apply to an application for a grant under this section for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if an application for a grant under this section for such project or program and for a period of time which includes such 12-month period has been submitted to, and approved by, the Secretary.”.Effective date note
Pub. L. 94–371, § 4(c), July 26, 1976, 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective July 1, 1976. Pub. L. 94–371, § 12(b), July 26, 1976, 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after June 30, 1976.” Pub. L. 94–573, § 19(b), Oct. 21, 1976, 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after June 30, 1976.”Health Services Extension Act of 1977
Pub. L. 95–83 title III § 311(c) · 91 Stat. 383
Substituted · 42 U.S.C. § 4577(c)(2)(B)(i)
Pub. L. 95–83 substituted “its” for “his”
Source evidence
Code amendment note
Subsec. (c)(2)(B)(i). Pub. L. 95–83 substituted “its” for “his”.Enacted provision · exact public law section
(c) Section 311(c)(2)(B)(i) of such Act (relating to review of applications) is amended by Striking out “his” and inserting in lieu thereof “its”.Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979
Pub. L. 96–180 § 11(a) · 93 Stat. 1301
Added · 42 U.S.C. § 4577(a)
Pub. L. 96–180, § 11(a), added par. (1)
Redesignated · 42 U.S.C. § 4577(a)
Pub. L. 96–180, § 11(a), redesignated as pars. (2) to (5) former pars. (1) to (4)
Substituted · 42 U.S.C. § 4577(a)
Pub. L. 96–180, § 11(a), substituted in par. (2) “support projects of a demonstrable value in developing” for “conduct demonstration and evaluation projects, including projects designed to develop”
Substituted · 42 U.S.C. § 4577(a)
Pub. L. 96–180, § 11(a), substituted in par. (2) “the elderly, women, the handicapped, families of alcoholics, and victims of alcohol-related domestic violence” for “female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–180, § 11(a), added par. (1), redesignated as pars. (2) to (5) former pars. (1) to (4), and substituted in par. (2) “support projects of a demonstrable value in developing” for “conduct demonstration and evaluation projects, including projects designed to develop” and in par. (3) “the elderly, women, the handicapped, families of alcoholics, and victims of alcohol-related domestic violence” for “female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available”.Enacted provision · exact public law section
(a) Section 311(a) (42 U.S.C. 4577(a)) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: “(1) to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects in occupational and educational settings and on modified community living and work-care arrangements such as halfway houses, recovery homes, and supervised home care,”; (3) by striking out “conduct demonstration and evaluation projects, including projects designed to develop” in paragraph (2) (as so redesignated) and inserting in lieu thereof “support projects of a demonstrable value in developing”; and (4) by striking out “female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available” in paragraph (3) (as so redesignated) and inserting in lieu thereof “the elderly, women, the handicapped, families of alcoholics, and victims of alcohol-related domestic violence”.Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979
Pub. L. 96–180 § 11(b) · 93 Stat. 1301
Added · 42 U.S.C. § 4577(b)
Pub. L. 96–180, § 11(b), added cl. (1)
Redesignated · 42 U.S.C. § 4577(b)
Pub. L. 96–180, § 11(b), redesignated as cls. (2) to (4) former cls. (1) to (3), and in cl. (2) inserted “(in the case of prevention and treatment services)” after “seek”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 96–180, § 11(b), added cl. (1), redesignated as cls. (2) to (4) former cls. (1) to (3), and in cl. (2) inserted “(in the case of prevention and treatment services)” after “seek”.Enacted provision · exact public law section
(b) Section 311(b) is amended (1) by redesignating clauses (1), (2), and (3) as clauses (2), (3), and (4), respectively, and by inserting after “under this section shall” the following: “(1) be responsive to special requirements of handicapped individuals in receiving such services;”, and (2) by inserting in clause (2) (as so redesignated) the following: “(in the case of prevention and treatment services)” after “seek”.Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979
Pub. L. 96–180 § 11(c) · 93 Stat. 1301
Inserted · 42 U.S.C. § 4577(c)(4)
Pub. L. 96–180, § 11(c), required Secretary to encourage submission of applications, incorporated existing provisions in cls. (A) and (C), and inserted cl. (B)
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 96–180, § 11(c), required Secretary to encourage submission of applications, incorporated existing provisions in cls. (A) and (C), and inserted cl. (B).Enacted provision · exact public law section
(c) Paragraph (4) of section 311(c) is amended to read as follows: “(4) The Secretary shall encourage the submission of and give special consideration to applications under this section for programs and projects— “(A) for the prevention and treatment of alcohol abuse and alcoholism by women, “(B) for the prevention and treatment of alcohol abuse and alcoholism by the elderly, “(C) for the prevention and treatment of alcohol abuse and alcoholism by individuals under the age of eighteen.”.Pub. L. 97–35 § 963(b) · 95 Stat. 357
Inserted · 42 U.S.C. § 4577(a)
Pub. L. 97–35, § 963(b), as amended by Pub. L. 97–414, § 9(d)(1), restructured and revised provisions and in par. (1) inserted provisions respecting program emphasis
Struck · 42 U.S.C. § 4577(a)
Pub. L. 97–35, § 963(b), as struck out pars. (3) and (5), relating to services for underserved populations and programs and services for law enforcement personnel, etc., respectively
Redesignated · 42 U.S.C. § 4577(a)
Pub. L. 97–35, § 963(b), as redesignated former par. (4) as (3)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–35, § 963(b), as amended by Pub. L. 97–414, § 9(d)(1), restructured and revised provisions and in par. (1) inserted provisions respecting program emphasis, struck out pars. (3) and (5), relating to services for underserved populations and programs and services for law enforcement personnel, etc., respectively, and redesignated former par. (4) as (3).Enacted provision · exact public law section
(b) Section 311(a) is amended— (1) by adding at the end of clause (1) “and with particular emphasis on developing new and more effective alcohol abuse and alcoholism prevention, treatment, and rehabilitation programs,”; (2) by inserting “and” after the comma the last place it appears in clause (2); (3) by striking out clauses (3) and (5) and by redesignating clause (4) as clause (3); and (4) by striking out the comma and “and” at the end of clause (3) (as redesignated by clause (2) of this subsection) and inserting in lieu thereof a period.Pub. L. 97–35 § 963(c) · 95 Stat. 357
Added · 42 U.S.C. § 4577(c)
Pub. L. 97–35, § 963(c), revised and restructured provisions and, among changes, in pars. (2), (3), and (4) made changes in phraseology, added pars. (5) and (7)
Redesignated · 42 U.S.C. § 4577(c)
Pub. L. 97–35, § 963(c), revised and restructured provisions and, among changes, in pars. (2), (3), and (4) made changes in phraseology, redesignated former par. (5) as (6)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 97–35, § 963(c), revised and restructured provisions and, among changes, in pars. (2), (3), and (4) made changes in phraseology, added pars. (5) and (7), and redesignated former par. (5) as (6).Enacted provision · exact public law section
(c) (1) Section 311(c)(2)(A) is amended— (A) by striking out “designated under section 303 of this Act, if such designation has been made” in the first sentence and inserting in lieu thereof “responsible for the administration of alcohol abuse and alcoholism prevention, treatment, and rehabilitation activities”; (B) by striking out “the” before “State comprehensive plan” in the third sentence and inserting in lieu thereof “any”; and (C) by striking out “under section 303” in the third sentence. (2) Section 311(c)(3) is amended— (A) by inserting “and” after the semicolon in clause (B); (B) by striking out the semicolon and “and” at the end of clause (C) and inserting in lieu thereof a period; and (C) by striking out clause (D). (3) Section 311(c)(4) is amended to read as follows: “(4) The Secretary shall encourage the submission of and give special consideration to applications under this section for programs and projects aimed at underserved populations such as racial and ethnic minorities, Native Americans, youth, the elderly, women, handicapped individuals, public inebriates, and families of alcoholics.” (4) Section 311(c) is further amended— (A) by redesignating paragraph (5) as paragraph (6); (B) by inserting after paragraph (4) the following new paragraph: “(5) (A) No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State. “(B) No grant or contract may be made under this section for a period in excess of five years. “(C) (i) The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grant or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section. “(ii) For purposes of this subparagraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before September 30, 1981.”; and (C) by adding at the end thereof the following new paragraph: “(7) Nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, or rehabilitation of drug abuse as well as alcohol abuse and alcoholism.”.Pub. L. 97–414 § 9(d)(1) · 96 Stat. 2049
Amended · 42 U.S.C. § 4577(a)
Pub. L. 97–414, § 9(d)(1), amended directory language of Pub. L. 97–35, § 963(b)(4), to correct a typographical error, and did not involve any change in text. See 1981 Amendment note below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 97–414, § 9(d)(1), amended directory language of Pub. L. 97–35, § 963(b)(4), to correct a typographical error, and did not involve any change in text. See 1981 Amendment note below.Enacted provision · exact public law section
(1) Section 963(b)(4) of the Omnibus Budget Reconciliation Act 95 Stat. 593. 42 USC 4577. of 1981 is amended by striking out “clause (2)” and inserting in lieu thereof “clause (3)”.Pub. L. 97–414 § 9(d)(2) · 96 Stat. 2049
Substituted · 42 U.S.C. § 4577(a)(3)
Pub. L. 97–414, § 9(d)(2), substituted a comma for the period at end
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 97–414, § 9(d)(2), substituted a comma for the period at end.Enacted provision · exact public law section
(2) Section 311(a)(3) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 95 Stat. 593. (42 U.S.C. 4577(b)3)) is amended by striking out the period at the end and inserting in lieu thereof a comma.Pub. L. 98–24 § 5(a)(1) · 97 Stat. 175
Inserted · 42 U.S.C. § 4577(c)(4)
Pub. L. 98–24 inserted parenthetical reference to Native Hawaiians and Native American Pacific Islanders
Source evidence
Code amendment note
Subsec. (c)(4). Pub. L. 98–24 inserted parenthetical reference to Native Hawaiians and Native American Pacific Islanders.Enacted provision · exact public law section
(1) Section 311(c)(4) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4577(c)(4)) is amended by inserting “(including Native Hawaiians and Native American Pacific Islanders)” after “Native Americans”.
22 of 23 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 300l of this title, referred to in subsec. (a)(2), was repealed effective , by Pub. L. 99–660, title VII, § 701(a), , 100 Stat. 3799.
Prior Provisions
A prior section 311 of Pub. L. 91–616, title III, , 84 Stat. 1851, amended former section 2688j–2 of this title, which was repealed by Pub. L. 93–282, § 302, and is incorporated in this section.
Provisions similar to those comprising this section were contained in Pub. L. 88–164, title II, § 247, formerly § 246, as added Pub. L. 90–574, title III, § 301, , 82 Stat. 1009; renumbered § 247, Pub. L. 91–211, title III, § 304, , 84 Stat. 59; amended Pub. L. 91–616, title III, § 311, , 84 Stat. 1851; Pub. L. 93–45, title II, § 204(b), , 87 Stat. 94, which was classified to section 2688j–2 of this title prior to repeal by Pub. L. 93–282, § 302.
Amendments1976–1983 · 5 rounds
1983
Subsec. (a). Pub. L. 97–414, § 9(d)(1), amended directory language of Pub. L. 97–35, § 963(b)(4), to correct a typographical error, and did not involve any change in text. See 1981 Amendment note below.
Subsec. (a)(3). Pub. L. 97–414, § 9(d)(2), substituted a comma for the period at end.
Subsec. (c)(4). Pub. L. 98–24 inserted parenthetical reference to Native Hawaiians and Native American Pacific Islanders.
1981
Subsec. (a). Pub. L. 97–35, § 963(b), as amended by Pub. L. 97–414, § 9(d)(1), restructured and revised provisions and in par. (1) inserted provisions respecting program emphasis, struck out pars. (3) and (5), relating to services for underserved populations and programs and services for law enforcement personnel, etc., respectively, and redesignated former par. (4) as (3).
Subsec. (c). Pub. L. 97–35, § 963(c), revised and restructured provisions and, among changes, in pars. (2), (3), and (4) made changes in phraseology, added pars. (5) and (7), and redesignated former par. (5) as (6).
1980
Subsec. (a). Pub. L. 96–180, § 11(a), added par. (1), redesignated as pars. (2) to (5) former pars. (1) to (4), and substituted in par. (2) “support projects of a demonstrable value in developing” for “conduct demonstration and evaluation projects, including projects designed to develop” and in par. (3) “the elderly, women, the handicapped, families of alcoholics, and victims of alcohol-related domestic violence” for “female alcoholics, and individuals in geographic areas where such services are not otherwise adequately available”.
Subsec. (b). Pub. L. 96–180, § 11(b), added cl. (1), redesignated as cls. (2) to (4) former cls. (1) to (3), and in cl. (2) inserted “(in the case of prevention and treatment services)” after “seek”.
Subsec. (c)(4). Pub. L. 96–180, § 11(c), required Secretary to encourage submission of applications, incorporated existing provisions in cls. (A) and (C), and inserted cl. (B).
1977
Subsec. (c)(2)(B)(i). Pub. L. 95–83 substituted “its” for “his”.
1976
Subsec. (a). Pub. L. 94–371, § 6(a), inserted provisions which authorized development of effective coordination of all alcoholism treatment resources available, emphasis in treatment projects of those of the population currently underserved, and, training of personnel to enable them to meet certification requirements of public and private accreditation.
Subsec. (b). Pub. L. 94–371, § 6(b), added cl. (2). Former cl. (2) redesignated (3).
Subsec. (c)(2). Pub. L. 94–573 inserted provision that requirements for submission of applications to the Council for review and approval not apply to a grant application for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if a grant application for a project or program and for a period of time which includes such 12 month period has been submitted to, and approved by, the Secretary.
Pub. L. 94–371, § 12(a), inserted provision that each grant application be submitted by the Secretary to the Council for review and could not be approved by the Secretary unless recommended for approval by the Council.
Subsec. (c)(4), (5). Pub. L. 94–371, § 6(c), added pars. (4) and (5).
Subsec. (d). Pub. L. 94–371, § 4(c)(1), struck out subsec. (d) which related to authorization of appropriations for fiscal year ending and fiscal year ending . Provisions are now covered by section 4578 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 Amendments
Pub. L. 94–371, § 4(c), , 90 Stat. 1035, provided that the amendment made by section 4(c)(1) of Pub. L. 94–371 is effective .
Pub. L. 94–371, § 12(b), , 90 Stat. 1041, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of the Act [this section] after .”
Pub. L. 94–573, § 19(b), , 90 Stat. 2720, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to applications for grants under section 311 of such Act [this section] after .”
Termination of Advisory Committees
Pub. L. 93–641, § 6, , 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after .
Credits
1974–1983 · 8 acts
- 1974Pub. L. 91–616, title III, § 311, as added Pub. L. 93–282, title I, § 111, , 88 Stat. 129
- 1976amended Pub. L. 94–371, §§ 4(c)(1), 6, 12(a), , 90 Stat. 1035, 1037, 1041
- 1976Pub. L. 94–573, § 19(a), , 90 Stat. 2720
- 1977Pub. L. 95–83, title III, § 311(c), , 91 Stat. 398
- 1980Pub. L. 96–180, § 11, , 93 Stat. 1304
- 1981Pub. L. 97–35, title IX, § 963(b), (c), , 95 Stat. 593
- 1983Pub. L. 97–414, § 9(d), , 96 Stat. 2064
- 1983Pub. L. 98–24, § 5(a)(1), , 97 Stat. 183.
Show as published
(Pub. L. 91–616, title III, § 311, as added Pub. L. 93–282, title I, § 111, , 88 Stat. 129; amended Pub. L. 94–371, §§ 4(c)(1), 6, 12(a), , 90 Stat. 1035, 1037, 1041; Pub. L. 94–573, § 19(a), , 90 Stat. 2720; Pub. L. 95–83, title III, § 311(c), , 91 Stat. 398; Pub. L. 96–180, § 11, , 93 Stat. 1304; Pub. L. 97–35, title IX, § 963(b), (c), , 95 Stat. 593; Pub. L. 97–414, § 9(d), , 96 Stat. 2064; Pub. L. 98–24, § 5(a)(1), , 97 Stat. 183.)