
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4577]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 60--COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, 
                  TREATMENT, AND REHABILITATION PROGRAM
 
  SUBCHAPTER III--TECHNICAL ASSISTANCE AND FEDERAL GRANTS AND CONTRACTS
 
         Part B--Implementation and Project Grants and Contracts
 
Sec. 4577. Grants and contracts for demonstration of new and 
        more effective drug and alcohol abuse prevention, treatment, and 
        rehabilitation programs
        

(a) 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--
        (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, and with particular emphasis on 
    developing new and more effective alcohol abuse and alcoholism 
    prevention, treatment, and rehabilitation programs,
        (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 established under section 300l \1\ of this 
    title, and
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    \1\ See References in Text note below.
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        (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,

for the prevention and treatment of alcohol abuse and alcoholism and for 
the rehabilitation of alcohol abusers and alcoholics.

(b) 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).

(c) 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

    (1) In administering this section, the Secretary shall require 
coordination of all applications for projects and programs in a State.
    (2)(A) 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.
    (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 its 
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.
    (3) 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--
        (A) 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;
        (B) provides for such methods of administration as are necessary 
    for the proper and efficient operation of such programs and 
    projects; and
        (C) 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.

    (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 (including Native Hawaiians and Native 
American Pacific Islanders), youth, the elderly, women, handicapped 
individuals, public inebriates, and families of alcoholics.
    (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.
    (6) 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.
    (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. 91-616, title III, Sec. 311, as added Pub. L. 93-282, title I, 
Sec. 111, May 14, 1974, 88 Stat. 129; amended Pub. L. 94-371, 
Secs. 4(c)(1), 6, 12(a), July 26, 1976, 90 Stat. 1035, 1037, 1041; Pub. 
L. 94-573, Sec. 19(a), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95-83, 
title III, Sec. 311(c), Aug. 1, 1977, 91 Stat. 398; Pub. L. 96-180, 
Sec. 11, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 97-35, title IX, 
Sec. 963(b), (c), Aug. 13, 1981, 95 Stat. 593; Pub. L. 97-414, 
Sec. 9(d), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 98-24, Sec. 5(a)(1), 
Apr. 26, 1983, 97 Stat. 183.)

                       References in Text

    Section 300l of this title, referred to in subsec. (a)(2), was 
repealed effective Jan. 1, 1987, by Pub. L. 99-660, title VII, 
Sec. 701(a), Nov. 14, 1986, 100 Stat. 3799.


                            Prior Provisions

    A prior section 311 of Pub. L. 91-616, title III, Dec. 31, 1970, 84 
Stat. 1851, amended former section 2688j-2 of this title, which was 
repealed by Pub. L. 93-282, Sec. 302, and is incorporated in this 
section.
    Provisions similar to those comprising this section were contained 
in Pub. L. 88-164, title II, Sec. 247, formerly Sec. 246, as added Pub. 
L. 90-574, title III, Sec. 301, Oct. 15, 1968, 82 Stat. 1009; renumbered 
Sec. 247, Pub. L. 91-211, title III, Sec. 304, Mar. 13, 1970, 84 Stat. 
59; amended Pub. L. 91-616, title III, Sec. 311, Dec. 31, 1970, 84 Stat. 
1851; Pub. L. 93-45, title II, Sec. 204(b), June 18, 1973, 87 Stat. 94, 
which was classified to section 2688j-2 of this title prior to repeal by 
Pub. L. 93-282, Sec. 302.


                               Amendments

    1983--Subsec. (a). Pub. L. 97-414, Sec. 9(d)(1), amended directory 
language of Pub. L. 97-35, Sec. 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, Sec. 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, Sec. 963(b), as amended by Pub. L. 
97-414, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 6(c), added pars. (4) and 
(5).
    Subsec. (d). Pub. L. 94-371, Sec. 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.


                    Effective Date of 1976 Amendments

    Section 4(c) of Pub. L. 94-371 provided that the amendment made by 
section 4(c)(1) of Pub. L. 94-371 is effective July 1, 1976.
    Section 12(b) of Pub. L. 94-371 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.''
    Section 19(b) of Pub. L. 94-573 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.''


                   Termination of Advisory Committees

    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 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 Jan. 4, 1975.

                  Section Referred to in Other Sections

    This section is referred to in section 4578 of this title.
