
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3301(c)(4)]
[CITE: 42USC290gg]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
  Part F--Model Comprehensive Program for Treatment of Substance Abuse
 
Sec. 290gg. Demonstration program in national capital area


(a) In general

    The Secretary, in collaboration with the Director of the Treatment 
Center, shall make a demonstration grant for the establishment, within 
the national capital area, of a model program for providing 
comprehensive treatment services for substance abuse.

(b) Purposes

    The Secretary may not make a grant under subsection (a) of this 
section unless, with respect to the comprehensive treatment services to 
be offered by the program under such subsection, the applicant for the 
grant agrees--
        (1) to ensure, to the extent practicable, that the program has 
    the capacity to provide the services to all individuals who seek and 
    would benefit from the services;
        (2) as appropriate, to provide education on obtaining employment 
    and other matters with respect to assisting the individuals in 
    preventing any relapse into substance abuse, including education on 
    the appropriate involvement of parents and others in preventing such 
    a relapse;
        (3) to provide services in locations accessible to substance 
    abusers and, to the extent practicable, to provide services through 
    mobile facilities;
        (4) to give priority to providing services to individuals who 
    are intravenous drug abusers, to pregnant women, to homeless 
    individuals, and to residents of publicly-assisted housing;
        (5) with respect to women with dependent children, to provide 
    child care to such women seeking treatment services for substance 
    abuse;
        (6) to conduct outreach activities to inform individuals of the 
    availability of the services of the program;
        (7) to provide case management services, including services to 
    determine eligibility for assistance under Federal, State, and local 
    programs providing health services, mental health services, or 
    social services;
        (8) to ensure the establishment of one or more offices to 
    oversee the coordination of the activities of the program, to ensure 
    that treatment is available to those seeking it, to ensure that the 
    program is administered efficiently, and to ensure that the public 
    is informed that the offices are the locations at which individuals 
    may make inquiries concerning the program, including the location of 
    available treatment services within the national capital area; and
        (9) to develop and utilize standards for certifying the 
    knowledge and training of individuals, and the quality of programs, 
    to provide treatment services for substance abuse.

(c) Certain requirements

                 (1) Regarding eligibility for grant

        (A) The Secretary may not make the grant under subsection (a) of 
    this section unless the applicant involved is an organization of the 
    general-purpose local governments within the national capital area, 
    or another public or nonprofit private entity, and the applicant 
    submits to the Secretary assurances satisfactory to the Secretary 
    that, with respect to the communities in which services will be 
    offered, the local governments of the communities will participate 
    in the program.
        (B) The Secretary may not make the grant under subsection (a) of 
    this section unless--
            (i) an application for the grant is submitted to the 
        Secretary;
            (ii) with respect to carrying out the purpose for which the 
        grant is to be made, the application provides assurances of 
        compliance satisfactory to the Secretary; and
            (iii) the application otherwise is in such form, is made in 
        such manner, and contains such agreements, assurances, and 
        information as the Secretary determines to be necessary to carry 
        out this section.

              (2) Authority for cooperative agreements

        The grantee under subsection (a) of this section may provide the 
    services required by such subsection directly or through 
    arrangements with public and nonprofit private entities.

(d) Requirement of non-Federal contributions

                           (1) In general

        The Secretary may not make a grant under subsection (a) of this 
    section unless the applicant for the grant agrees, with respect to 
    the costs to be incurred by the applicant in carrying out the 
    purpose described in such subsection, to make available (directly or 
    through donations from public or private entities) non-Federal 
    contributions toward such costs in an amount not less than $1 for 
    each $2 of Federal funds provided under the grant.

               (2) Determination of amount contributed

        Non-Federal contributions required in paragraph (1) may be in 
    cash or in kind, fairly evaluated, including plant, equipment, or 
    services. Amounts provided by the Federal Government, or services 
    assisted or subsidized to any significant extent by the Federal 
    Government, may not be included in determining the amount of such 
    non-Federal contributions.

(e) Evaluations

                          (1) By Secretary

        The Secretary shall independently evaluate the effectiveness of 
    the program carried out under subsection (a) of this section and 
    determine its suitability as a model for the United States, 
    particularly regarding the provision of high quality, patient-
    oriented, coordinated and accessible drug treatment services across 
    jurisdictional lines. The Secretary shall consider the extent to 
    which the program has improved patient retention, accessibility of 
    services, staff retention and quality, reduced patient relapse, and 
    provided a full range of drug treatment and related health and human 
    services. The Secretary shall evaluate the extent to which the 
    program has effectively utilized innovative methods for overcoming 
    the resistance of the residents of communities to the establishment 
    of treatment facilities within the communities.

                           (2) By grantee

        The Secretary may require the grantee under subsection (a) of 
    this section to evaluate any aspect of the program carried out under 
    such subsection, and such evaluation shall, to the extent 
    appropriate, be coordinated with the independent evaluation required 
    in paragraph (1).

                           (3) Limitation

        Funds made available under subsection (h) of this section may 
    not be utilized to conduct the independent evaluation required in 
    paragraph (1).

(f) Reports

                        (1) Initial criteria

        The Secretary shall make a determination of the appropriate 
    criteria for carrying out the program required in subsection (a) of 
    this section, including the anticipated need for, and range of, 
    services under the program in the communities involved and the 
    anticipated costs of the program. Not later than 90 days after July 
    10, 1992, the Secretary shall submit to the Congress a report 
    describing the findings made as a result of the determination.

                         (2) Annual reports

        Not later than 2 years after the date on which the grant is made 
    under subsection (a) of this section, and annually thereafter, the 
    Secretary shall submit to the Congress a report describing the 
    extent to which the program carried out under such subsection has 
    been effective in carrying out the purposes of the program.

(g) ``National capital area'' defined

    For purposes of this section, the term ``national capital area'' 
means the metropolitan Washington area, including the District of 
Columbia, the cities of Alexandria, Falls Church, and Fairfax in the 
State of Virginia, the counties of Arlington and Fairfax in such State 
(and the political subdivisions located in such counties), and the 
counties of Montgomery and Prince George's in the State of Maryland (and 
the political subdivisions located in such counties).

(h) Obligation of funds

    Of the amounts appropriated for each of the fiscal years 1993 and 
1994 for the programs of the Department of Health and Human Services, 
the Secretary shall make available $10,000,000 for carrying out this 
section. Of the amounts appropriated for fiscal year 1995 for the 
programs of such Department, the Secretary shall make available 
$5,000,000 for carrying out this section.

(July 1, 1944, ch. 373, title V, Sec. 571, as added Pub. L. 102-321, 
title III, Sec. 301, July 10, 1992, 106 Stat. 417.)


                             Effective Date

    Section effective July 10, 1992, with programs making awards 
providing financial assistance in fiscal year 1993 and subsequent years 
effective for awards made on or after Oct. 1, 1992, see section 801(b), 
(d)(1) of Pub. L. 102-321, set out as an Effective Date of 1992 
Amendment note under section 236 of this title.
