US (United States) Code. Title 21. Chapter 16: Drug abuse prevention, treatment and rehabilitation

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Food and drugs

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21 USC CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND

REHABILITATION 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

.

-HEAD-

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1101. Congressional findings.

1102. Congressional declaration of national policy.

1103, 1104. Repealed.

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

1111 to 1114. Repealed.

1115. Notice relating to the control of dangerous drugs.

1116 to 1155. Repealed or Omitted.

SUBCHAPTER III - NATIONAL DRUG ABUSE STRATEGY

1161 to 1165. Repealed.

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

1171. Drug abuse prevention function appropriations.

1172 to 1176. Repealed, Transferred, or Omitted.

1177. Special project grants and contracts.

(a) Scope of programs; priority.

(b) Authorization of appropriations.

(c) Coordination of applications for programs in a

State; precedence restriction; project

evaluation; application approval; criteria;

proposed performance standards or research

protocol.

(d) Programs and projects aimed at underserved

groups; encouragement and special consideration

given to applications.

(e) Payments; advances; reimbursement; installments.

(f) Prevention and treatment services.

(g) Authorization by chief executive officer of State

required; maximum amount and duration of

grants.

1178. Records and audit.

(a) Assistance records; contents.

(b) Access to pertinent information for audit and

examination.

1179. National Drug Abuse Training Center.

(a) Establishment; functions; general policies;

transfer of supervision.

(b) Activities and material.

(c) Persons eligible for services and facilities.

(d) Authorization of appropriations; fiscal year

availability.

1180. Transferred.

1181. Contract authority.

SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE

1191 to 1194. Transferred or Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 38 section 7334.

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21 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

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21 USC Sec. 1101 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1101. Congressional findings

-STATUTE-

The Congress makes the following findings:

(1) Drug abuse is rapidly increasing in the United States and

now afflicts urban, suburban, and rural areas of the Nation.

(2) Drug abuse seriously impairs individual, as well as

societal, health and well-being.

(3) Drug abuse, especially heroin addiction, substantially

contributes to crime.

(4) The adverse impact of drug abuse inflicts increasing pain

and hardship on individuals, families, and communities and

undermines our institutions.

(5) Too little is known about drug abuse, especially the

causes, and ways to treat and prevent drug abuse.

(6) The success of Federal drug abuse programs and activities

requires a recognition that education, treatment, rehabilitation,

research, training, and law enforcement efforts are interrelated.

(7) The effectiveness of efforts by State and local governments

and by the Federal Government to control and treat drug abuse in

the United States has been hampered by a lack of coordination

among the States, between States and localities, among the

Federal Government, States and localities, and throughout the

Federal establishment.

(8) Control of drug abuse requires the development of a

comprehensive, coordinated long-term Federal strategy that

encompasses both effective law enforcement against illegal drug

traffic and effective health programs to rehabilitate victims of

drug abuse.

(9) The increasing rate of drug abuse constitutes a serious and

continuing threat to national health and welfare, requiring an

immediate and effective response on the part of the Federal

Government.

(10) Although the Congress observed a significant apparent

reduction in the rate of increase of drug abuse during the

three-year period subsequent to March 21, 1972, and in certain

areas of the country apparent temporary reductions in its

incidence, the increase and spread of heroin consumption since

1974, and the continuing abuse of other dangerous drugs, clearly

indicate the need for effective, ongoing, and highly visible

Federal leadership in the formation and execution of a

comprehensive, coordinated drug abuse policy.

(11) Shifts in the usage of various drugs and in the Nation's

demographic composition require a Federal strategy to adjust the

focus of drug abuse programs to meet new needs and priorities on

a cost-effective basis.

(12) The growing extent of drug abuse indicates an urgent need

for prevention and intervention programs designed to reach the

general population and members of high risk populations such as

youth, women, and the elderly.

(13) Effective control of drug abuse requires high-level

coordination of Federal international and domestic activities

relating to both supply of, and demand for, commonly abused

drugs.

(14) Local governments with high concentrations of drug abuse

should be actively involved in the planning and coordination of

efforts to combat drug abuse.

-SOURCE-

(Pub. L. 92-255, title I, Sec. 101, Mar. 21, 1972, 86 Stat. 66;

Pub. L. 94-237, Sec. 1, Mar. 19, 1976, 90 Stat. 241; Pub. L.

96-181, Sec. 2, Jan. 2, 1980, 93 Stat. 1309.)

-MISC1-

AMENDMENTS

1980 - Pars. (11) to (14). Pub. L. 96-181 added pars. (11) to

(14).

1976 - Par. (10). Pub. L. 94-237 added par. (10).

SHORT TITLE OF 1980 AMENDMENT

Section 1(a) of Pub. L. 96-181 provided that: ''This Act

(enacting sections 1111 to 1117 and 1181 of this title, amending

this section, sections 1102, 1162, 1164, 1176, 1177, 1180, and 1191

to 1193 of this title, and sections 218, 300l-2, 300m-3, and 3733

of Title 42, The Public Health and Welfare, omitting sections 1118

to 1120 and 1131 to 1133 of this title, enacting provisions set out

as notes under this section and section 1193 of this title, and

amending provisions set out as a note below) may be cited as the

'Drug Abuse Prevention, Treatment, and Rehabilitation Amendments of

1979'.''

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-461, Sec. 1, Oct. 14, 1978, 92 Stat. 1268, provided

that: ''This Act (enacting section 1194 of this title, amending

sections 1172, 1176, 1177, 1192, and 1193 of this title, enacting a

provision set out as a note under section 1172 of this title and

amending a provision set out as a note under section 242 of Title

42, The Public Health and Welfare) may be cited as the 'Drug Abuse

Prevention and Treatment Amendments of 1978'. ''

SHORT TITLE

Section 1 of Pub. L. 92-255, as amended by Pub. L. 96-181, Sec.

15(a), Jan. 2, 1980, 93 Stat. 1316, provided that: ''This Act

(enacting this chapter, and amending sections 5313, 5315, and 5316

of Title 5, Government Organization and Employees, and sections

218, 246, 257, 2684, 2688a, 2688k, 2688n-1, and 2688t of Title 42,

The Public Health and Welfare) may be cited as the 'Drug Abuse

Prevention, Treatment, and Rehabilitation Act'.''

REFERENCES TO DRUG ABUSE OFFICE AND TREATMENT ACT OF 1972

Section 15(b) of Pub. L. 96-181 provided in part that: ''Whenever

reference is made in any other Federal law, regulation, ruling, or

order to the Drug Abuse Office and Treatment Act of 1972, the

reference shall be considered to be made to the Drug Abuse

Prevention, Treatment, and Rehabilitation Act.''

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21 USC Sec. 1102 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1102. Congressional declaration of national policy

-STATUTE-

The Congress declares that it is the policy of the United States

and the purpose of this chapter to focus the comprehensive

resources of the Federal Government and bring them to bear on drug

abuse with the objective of significantly reducing the incidence,

as well as the social and personal costs, of drug abuse in the

United States, and to develop and assure the implementation of a

comprehensive, coordinated long-term Federal strategy to combat

drug abuse. To reach these goals, the Congress further declares

that it is the policy of the United States and the purpose of this

chapter to meet the problems of drug abuse through -

(1) comprehensive Federal, State, and local planning for, and

effective use of, Federal assistance to States and to

community-based programs to meet the urgent needs of special

populations, in coordination with all other governmental and

nongovernmental sources of assistance;

(2) the development and support of community-based prevention

programs;

(3) the development and encouragement of effective occupational

prevention and treatment programs within the Government and in

cooperation with the private sector; and

(4) increased Federal commitment to research into the

behavioral and biomedical etiology of, the treatment of, and the

mental and physical health and social and economic consequences

of, drug abuse.

-SOURCE-

(Pub. L. 92-255, title I, Sec. 102, Mar. 21, 1972, 86 Stat. 66;

Pub. L. 94-237, Sec. 2, Mar. 19, 1976, 90 Stat. 241; Pub. L.

96-181, Sec. 3, Jan. 2, 1980, 93 Stat. 1309.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 92-255, Mar. 21, 1972, 86 Stat. 65, as

amended, known as the Drug Abuse Prevention, Treatment, and

Rehabilitation Act, which comprises this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 1101 of this title and Tables.

-MISC2-

AMENDMENTS

1980 - Pub. L. 96-181 inserted additional declarations of policy

prescribing methods and programs by which the goals are to be

reached.

1976 - Pub. L. 94-237 substituted ''objective of significantly

reducing the incidence, as well as the social and personal costs,

of drug abuse in the United States, and to develop and assure the

implementation of'' for ''immediate objective of significantly

reducing the incidence of drug abuse in the United States within

the shortest possible period of time, and to develop''.

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21 USC Sec. 1103 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1103. Repealed. Pub. L. 100-690, title I, Sec. 1007(c)(1),

Nov. 18, 1988, 102 Stat. 4187

-MISC1-

Section, Pub. L. 92-255, title I, Sec. 103, Mar. 21, 1972, 86

Stat. 67; Pub. L. 94-237, Sec. 3, 4(a), Mar. 19, 1976, 90 Stat.

241, defined ''drug abuse prevention function'', ''drug traffic

prevention function'', and ''drug abuse function''.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 21, 1989, see section 1012 of Pub. L.

100-690.

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21 USC Sec. 1104 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1104. Repealed. Pub. L. 94-237, Sec. 4(c)(1), Mar. 19, 1976,

90 Stat. 244

-MISC1-

Section, Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972, 86

Stat. 67, provided, effective June 30, 1975, that the Special

Action Office for Drug Abuse Prevention, each of the positions in

the Office of Director, Deputy Director, and Assistant Director,

and the National Advisory Council for Drug Abuse Prevention were

abolished and former subchapter II of this chapter was repealed.

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21 USC SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

.

-HEAD-

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

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21 USC Sec. 1111 to 1114 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1111 to 1114. Repealed. Pub. L. 100-690, title I, Sec.

1007(c)(1), Nov. 18, 1988, 102 Stat. 4187

-MISC1-

Section 1111, Pub. L. 92-255, title II, Sec. 201, as added Pub.

L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1310; amended Pub. L.

98-473, title II, Sec. 1306, Oct. 12, 1984, 98 Stat. 2170, related

to concentration of Federal effort in drug abuse prevention.

A prior section 1111, Pub. L. 92-255, title II, Sec. 201, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242, which

provided for the establishment of the Office of Drug Abuse Policy,

was omitted in the general revision of this subchapter by Pub. L.

96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309. Previously, the Office

of Drug Abuse Policy was abolished and the functions of the Office

and its Director were transferred to the President by sections 3

and 5 of Reorg. Plan No. 1 of 1977, effective Mar. 27, 1978, as

provided by Ex. Ord. No. 12045, Mar. 27, 1978, 43 F.R. 13347, set

out as notes preceding section 101 of Title 3, The President.

Another prior section 1111, Pub. L. 92-255, title II, Sec. 201,

Mar. 21, 1972, 86 Stat. 67, which provided for the establishment of

the Special Action Office for Drug Abuse Prevention, was repealed

by Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67,

eff. June 30, 1975.

Section 1112, Pub. L. 92-255, title II, Sec. 202, as added Pub.

L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1310, related to

designation of a representative to direct activities required by

this subchapter.

A prior section 1112, Pub. L. 92-255, title II, Sec. 202, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242;

amended Pub. L. 95-83, title III, Sec. 311(d), Aug. 1, 1977, 91

Stat. 398, which provided for the appointment of the Director of

the Office of Drug Abuse Policy, was omitted in the general

revision of this subchapter by Pub. L. 96-181, Sec. 4, Jan. 2,

1980, 93 Stat. 1309.

Another prior section 1112, Pub. L. 92-255, title II, Sec. 202,

Mar. 21, 1972, 86 Stat. 68, which provided for the appointment of a

Director of the Special Action Office for Drug Abuse Prevention,

was repealed by Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972,

86 Stat. 67, eff. June 30, 1975.

Section 1113, Pub. L. 92-255, title II, Sec. 203, as added Pub.

L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1310, related to

employment of officers and employees.

A prior section 1113, Pub. L. 92-255, title II, Sec. 203, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242, which

provided for the appointment and functions of Deputy Director of

the Office of Drug Abuse Policy, was omitted in the general

revision of this subchapter by Pub. L. 96-181, Sec. 4, Jan. 2,

1980, 93 Stat. 1309.

Another prior section 1113, Pub. L. 92-255, title II, Sec. 203,

Mar. 21, 1972, 86 Stat. 68, which provided for the appointment of a

Deputy Director of the Special Office for Drug Abuse Prevention,

was repealed by Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972,

86 Stat. 67, eff. June 30, 1975.

Section 1114, Pub. L. 92-255, title II, Sec. 204, as added Pub.

L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1310, related to

acceptance of uncompensated services.

A prior section 1114, Pub. L. 92-255, title II, Sec. 204, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242, which

provided for the delegation of functions by the Director of the

Office of Drug Abuse Policy, was omitted in the general revision of

this subchapter by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat.

1309.

Another prior section 1114, Pub. L. 92-255, title II, Sec. 204,

Mar. 21, 1972, 86 Stat. 68, which provided for the appointment of

six Assistant Directors, was repealed by Pub. L. 92-255, title I,

Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.

Provisions similar to this section were contained in section 1117

of this title prior to the general revision of this subchapter by

Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 21, 1989, see section 1012 of Pub. L.

100-690.

-EXEC-

EXECUTIVE ORDER NO. 12368

Ex. Ord. No. 12368, June 24, 1982, 47 F.R. 27843, as amended by

Ex. Ord. No. 12590, Mar. 26, 1987, 52 F.R. 10021, related to

assignment of drug abuse policy functions.

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21 USC Sec. 1115 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1115. Notice relating to the control of dangerous drugs

-STATUTE-

Whenever the Attorney General determines that there is evidence

that -

(1) a drug or other substance, which is not a controlled

substance (as defined in section 802(6) of this title), has a

potential for abuse, or

(2) a controlled substance should be transferred or removed

from a schedule under section 812 of this title,

he shall, prior to initiating any proceeding under section 811(a)

of this title, give the President timely notice of such

determination. Information forwarded to the Attorney General

pursuant to section 811(f) of this title shall also be forwarded by

the Secretary of Health and Human Services to the President.

-SOURCE-

(Pub. L. 92-255, title II, Sec. 201, formerly Sec. 205, as added

Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1311; amended Pub.

L. 97-35, title IX, Sec. 973(a), Aug. 13, 1981, 95 Stat. 598;

renumbered Sec. 201, Pub. L. 100-690, title I, Sec. 1007(c)(1),

Nov. 18, 1988, 102 Stat. 4187.)

-MISC1-

PRIOR PROVISIONS

A prior section 201 of Pub. L. 92-255, title II, as added Pub. L.

96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1310; amended Pub. L.

98-473, title II, Sec. 1306, Oct. 12, 1984, 98 Stat. 2170, related

to concentration of Federal effort in drug abuse prevention, prior

to repeal by Pub. L. 100-690, title I, Sec. 1007(c)(1), Nov. 18,

1988, 102 Stat. 4187.

A prior section 1115, Pub. L. 92-255, title II, Sec. 205, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242, which

provided for employment, functions, and travel expenses of

employees, was omitted in the general revision of this subchapter

by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

Another prior section 1115, Pub. L. 92-255, title II, Sec. 205,

Mar. 21, 1972, 86 Stat. 68, provided for the delegation of

functions by the Director, prior to repeal by Pub. L. 92-255, title

I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.

Provisions similar to this section were contained in section 1118

of this title prior to the general revision of this subchapter by

Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

AMENDMENTS

1981 - Pub. L. 97-35 substituted ''Health and Human Services''

for ''Health, Education, and Welfare''.

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21 USC Sec. 1116 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1116. Repealed. Pub. L. 100-690, title I, Sec. 1007(c)(1),

Nov. 18, 1988, 102 Stat. 4187

-MISC1-

Section, Pub. L. 92-255, title II, Sec. 206, as added Pub. L.

96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1311, provided that this

subchapter not be construed as limiting the statutory authority of

the Secretary of Defense or the Administrator of Veterans' Affairs.

EFFECTIVE DATE OF REPEAL

Repeal effective Jan. 21, 1989, see section 1012 of Pub. L.

100-690.

A prior section 1116, Pub. L. 92-255, title II, Sec. 206, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 242, which

provided for the employment and compensation of experts and

consultants, was omitted in the general revision of this subchapter

by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

Another prior section 1116, Pub. L. 92-255, title II, Sec. 206,

Mar. 21, 1972, 86 Stat. 68, which provided for the employment and

prescription of functions for officers and employees by the

Director, was repealed by Pub. L. 92-255, title I, Sec. 104, Mar.

21, 1972, 86 Stat. 67, eff. June 30, 1975.

Provisions similar to this section were contained in section 1119

of this title prior to the general revision of this subchapter by

Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

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21 USC Sec. 1117 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1117. Repealed. Pub. L. 98-24, Sec. 4(b), Apr. 26, 1983, 97

Stat. 183

-MISC1-

Section, Pub. L. 92-255, title II, Sec. 207, as added Pub. L.

96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1311, required the President

to make annual reports to the Congress on the drug abuse prevention

activities under this subchapter. See section 290aa-4 of Title 42,

The Public Health and Welfare.

A prior section 1117, Pub. L. 92-255, title II, Sec. 207, as

added Pub. L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which

provided for acceptance of uncompensated services, was omitted in

the general revision of this subchapter by Pub. L. 96-181, Sec. 4,

Jan. 2, 1980, 93 Stat. 1309.

Another prior section 1117, Pub. L. 92-255, title II, Sec. 207,

Mar. 21, 1972, 86 Stat. 68, which provided for the procurement of

experts and consultants by the Director, was repealed by Pub. L.

92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June

30, 1975.

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21 USC Sec. 1118 to 1120 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1118 to 1120. Omitted

-COD-

CODIFICATION

Section 1118, Pub. L. 92-255, title II, Sec. 208, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which related to

giving of notice to Director prior to initiation of a section

811(a) proceeding, was omitted in the general revision of title II

of Pub. L. 92-255 by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat.

1309. See section 1115 of this title.

A prior section 1118, Pub. L. 92-255, title II, Sec. 208, Mar.

21, 1972, 86 Stat. 68, which provided for acceptance of

uncompensated services by Director, was repealed by Pub. L. 92-255,

title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.

Section 1119, Pub. L. 92-255, title II, Sec. 210, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which related to

effect of this subchapter on statutory requirements and

authorities, was omitted in the general revision of title II of

Pub. L. 92-255 by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat.

1309. See section 1116 of this title.

A prior section 1119, Pub. L. 92-255, title II, Sec. 209, Mar.

21, 1972, 86 Stat. 68, which provided for notice by Attorney

General to Director with respect to control of dangerous drugs, was

repealed by Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972, 86

Stat. 67, eff. June 30, 1975.

A prior section 210 of Pub. L. 92-255, title II, Mar. 21, 1972,

86 Stat. 69, which provided for authority of Director to make

grants and enter into contract, was repealed by Pub. L. 92-255,

title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.

Section 1120, Pub. L. 92-255, title II, Sec. 211, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which related to

authorization of appropriations with regard to this subchapter, was

omitted in the general revision of title II of Pub. L. 92-255 by

Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309.

A prior section 1120, Pub. L. 92-255, title II, Sec. 210, Mar.

21, 1972, 86 Stat. 69, which provided for authority of Director to

make grants and enter into contracts, was repealed by Pub. L.

92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June

30, 1975.

A prior section 211 of Pub. L. 92-255, title II, Mar. 21, 1972,

86 Stat. 69, which provided for appointment of an acting Director

until position was initially filled, was repealed by Pub. L.

92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June

30, 1975.

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21 USC Sec. 1121 to 1123 01/06/03

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TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1121 to 1123. Repealed. Pub. L. 92-255, title I, Sec. 104,

Mar. 21, 1972, 86 Stat. 67

-MISC1-

Section 1121, Pub. L. 92-255, title II, Sec. 211, Mar. 21, 1972,

86 Stat. 69, provided for appointment of an acting Director until

position was initially filled.

Section 1122, Pub. L. 92-255, title II, Sec. 213, Mar. 21, 1972,

86 Stat. 69, prohibited Director or any other Federal officer from

waiving or disregarding any limitation or requirement prescribed by

law with respect to any Federal program or activity.

Section 1123, Pub. L. 92-255, title II, Sec. 214, Mar. 21, 1972,

86 Stat. 70, provided for authorization of appropriations, and

fiscal year availability of such appropriations.

EFFECTIVE DATE OF REPEAL

Section 1104 of this title, prior to repeal by section 4(c)(1) of

Pub. L. 94-237, provided for repeal of sections effective June 30,

1975.

-CITE-

21 USC Sec. 1131 to 1133 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1131 to 1133. Omitted

-COD-

CODIFICATION

Section 1131, Pub. L. 92-255, title II, Sec. 221, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which related to

functions of Director concerning planning and policies, was omitted

in the general revision of title II of Pub. L. 92-255 by Pub. L.

96-181, Sec. 4, Jan. 2, 1980, 93 Stat. 1309. See section 1111 of

this title.

A prior section 1131, Pub. L. 92-255, title II, Sec. 221, Mar.

21, 1972, 86 Stat. 70, which provided for establishment of overall

planning and policy and the criteria to achieve objectives and

priorities for all Federal drug abuse prevention functions, was

repealed by Pub. L. 92-255, title I, Sec. 104, Mar. 21, 1972, 86

Stat. 67, eff. June 30, 1975.

Section 1132, Pub. L. 92-255, title II, Sec. 222, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 243, which authorized

President to designate Director to represent United States in

negotiations concerning drug abuse functions, was omitted in the

general revision of title II of Pub. L. 92-255 by Pub. L. 96-181,

Sec. 4, Jan. 2, 1980, 93 Stat. 1309. See section 1112 of this

title.

A prior section 1132, Pub. L. 92-255, title II, Sec. 222, Mar.

21, 1972, 86 Stat. 71, which provided for review and modification

of implementation plans and budget requests, was repealed by Pub.

L. 92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff.

June 30, 1975.

Section 1133, Pub. L. 92-255, title II, Sec. 223, as added Pub.

L. 94-237, Sec. 4(b), Mar. 19, 1976, 90 Stat. 244, which related to

an annual report to President and Congress on activities of Office

of Drug Abuse Policy, was omitted in the general revision of title

II of Pub. L. 92-255 by Pub. L. 96-181, Sec. 4, Jan. 2, 1980, 93

Stat. 1309. See section 1117 of this title.

A prior section 1133, Pub. L. 92-255, title II, Sec. 223, Mar.

21, 1972, 86 Stat. 71, which provided for establishment and the

objectives of a Special Fund, was repealed by Pub. L. 92-255, title

I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June 30, 1975.

-CITE-

21 USC Sec. 1134 to 1143 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1134 to 1143. Repealed. Pub. L. 92-255, title I, Sec. 104,

Mar. 21, 1972, 86 Stat. 67

-MISC1-

Section 1134, Pub. L. 92-255, title II, Sec. 224, Mar. 21, 1972,

86 Stat. 71, provided for establishment of research and development

programs by Director.

Section 1135, Pub. L. 92-255, title II, Sec. 225, Mar. 21, 1972,

86 Stat. 72, provided for establishment of a single non-Federal

share requirement.

Section 1136, Pub. L. 92-255, title II, Sec. 226, Mar. 21, 1972,

86 Stat. 72, provided for Director to make drug prevention function

recommendations to President and to consult with responsible

agencies with respect to drug prevention functions.

Section 1137, Pub. L. 92-255, title II, Sec. 227, Mar. 21, 1972,

86 Stat. 72, provided for resolution of agency conflicts with

regard to drug prevention functions.

Section 1138, Pub. L. 92-255, title II, Sec. 228, Mar. 21, 1972,

86 Stat. 72, provided for communications and liaison with respect

to drug prevention functions by one of Assistant Directors.

Section 1139, Pub. L. 92-255, title II, Sec. 229, Mar. 21, 1972,

86 Stat. 72, provided, with respect to drug prevention functions,

coordination of State and local governments, availability of

information and other services and activities.

Section 1140, Pub. L. 92-255, title II, Sec. 230, Mar. 21, 1972,

86 Stat. 73, provided for a management oversight review by a

Federal officer.

Section 1141, Pub. L. 92-255, title II, Sec. 231, Mar. 21, 1972,

86 Stat. 73, provided for convening of a council of officials of

Federal agencies responsible for drug prevention functions by

Director.

Section 1142, Pub. L. 92-255, title II, Sec. 232, Mar. 21, 1972,

86 Stat. 73, provided for designation of the Director to represent

Government in international negotiations related to drug prevention

functions.

Section 1143, Pub. L. 92-255, title II, Sec. 233, Mar. 21, 1972,

86 Stat. 73, provided for an annual written report to the President

by the Director.

EFFECTIVE DATE OF REPEAL

Section 1104 of this title, prior to repeal by section 4(c)(1) of

Pub. L. 94-237, provided for repeal of sections effective June 30,

1975.

-CITE-

21 USC Sec. 1151 to 1155 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER II - DRUG ABUSE POLICY COORDINATION

-HEAD-

Sec. 1151 to 1155. Repealed. Pub. L. 92-255, title I, Sec. 104,

Mar. 21, 1972, 86 Stat. 67

-MISC1-

Section 1151, Pub. L. 92-255, title II, Sec. 251, Mar. 21, 1972,

86 Stat. 74, provided for establishment of a National Advisory

Council for Drug Abuse Prevention.

Section 1152, Pub. L. 92-255, title II, Sec. 252, Mar. 21, 1972,

86 Stat. 74, provided for membership of National Advisory Council

for Drug Abuse Prevention.

Section 1153, Pub. L. 92-255, title II, Sec. 253, Mar. 21, 1972,

86 Stat. 74, provided for designation of chairman of National

Advisory Council for Drug Abuse Prevention.

Section 1154, Pub. L. 92-255, title II, Sec. 254, Mar. 21, 1972,

86 Stat. 74, provided for compensation and expenses for members of

National Advisory Council for Drug Abuse Prevention.

Section 1155, Pub. L. 92-255, title II, Sec. 255, Mar. 21, 1972,

86 Stat. 74, set forth functions of National Advisory Council for

Drug Abuse Prevention.

EFFECTIVE DATE OF REPEAL

Section 1104 of this title, prior to repeal by section 4(c)(1) of

Pub. L. 94-237, provided for repeal of sections effective June 30,

1975.

-CITE-

21 USC SUBCHAPTER III - NATIONAL DRUG ABUSE STRATEGY 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER III - NATIONAL DRUG ABUSE STRATEGY

.

-HEAD-

SUBCHAPTER III - NATIONAL DRUG ABUSE STRATEGY

-CITE-

21 USC Sec. 1161 to 1165 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER III - NATIONAL DRUG ABUSE STRATEGY

-HEAD-

Sec. 1161 to 1165. Repealed. Pub. L. 98-509, title III, Sec.

301(d), Oct. 19, 1984, 98 Stat. 2364

-MISC1-

Section 1161, Pub. L. 92-255, title III, Sec. 301, Mar. 21, 1972,

86 Stat. 74, related to development, and initial promulgation no

later than nine months after Mar. 21, 1972, by the President, of a

national drug abuse strategy.

Section 1162, Pub. L. 92-255, title III, Sec. 302, Mar. 21, 1972,

86 Stat. 75; Pub. L. 94-237, Sec. 4(c)(2), (3), (5)(A), Mar. 19,

1976, 90 Stat. 244; Pub. L. 96-181, Sec. 5(a), (b), Jan. 2, 1980,

93 Stat. 1311; Pub. L. 97-35, title IX, Sec. 973(b), Aug. 13, 1981,

95 Stat. 598, related to establishment and membership of a Strategy

Council, interim provision of services by the Director, and review

and commentary on the national drug abuse strategy by those Federal

officials participating in its preparation.

Section 1163, Pub. L. 92-255, title III, Sec. 303, Mar. 21, 1972,

86 Stat. 75, related to contents of the national drug abuse

strategy.

Section 1164, Pub. L. 92-255, title III, Sec. 304, Mar. 21, 1972,

86 Stat. 75; Pub. L. 94-237, Sec. 4(c)(4), Mar. 19, 1976, 90 Stat.

244; Pub. L. 96-181, Sec. 5(c), Jan. 2, 1980, 93 Stat. 1311,

related to preparation of the national drug abuse strategy.

Section 1165, Pub. L. 92-255, title III, Sec. 305, Mar. 21, 1972,

86 Stat. 75; Pub. L. 94-237, Sec. 5, Mar. 19, 1976, 90 Stat. 244;

Pub. L. 98-24, Sec. 4(a), Apr. 26, 1983, 97 Stat. 183, related to

submission by the President to the Congress, on or before Aug. 1,

1984, and every two years thereafter, of a written report

describing the national drug abuse strategy, and prescribed the

contents of the report.

-CITE-

21 USC SUBCHAPTER IV - OTHER FEDERAL PROGRAMS 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

.

-HEAD-

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-CITE-

21 USC Sec. 1171 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1171. Drug abuse prevention function appropriations

-STATUTE-

Any request for appropriations by a department or agency of the

Government submitted after March 21, 1972, shall specify (1) on a

line item basis, that part of the appropriations which the

department or agency is requesting to carry out its drug abuse

prevention functions, and (2) the authorization of the

appropriations requested to carry out each of its drug abuse

prevention functions.

-SOURCE-

(Pub. L. 92-255, title IV, Sec. 404, Mar. 21, 1972, 86 Stat. 77.)

-CITE-

21 USC Sec. 1172 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1172. Repealed. Pub. L. 98-24, Sec. 2(c)(2), Apr. 26, 1983, 97

Stat. 182

-MISC1-

Section, Pub. L. 92-255, title IV, Sec. 405, Mar. 21, 1972, 86

Stat. 77; Pub. L. 95-461, Sec. 3(b), Oct. 14, 1978, 92 Stat. 1268;

Pub. L. 97-35, title IX, Sec. 973(c)(1), Aug. 13, 1981, 95 Stat.

598, required that the Secretary of Health and Human Services make

periodic reports to the Congress and to the President on drug abuse

in the United States. See section 290aa-4 of Title 42, The Public

Health and Welfare.

-CITE-

21 USC Sec. 1173 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1173. Transferred and Omitted

-COD-

CODIFICATION

Section, Pub. L. 92-255, title IV, Sec. 406, Mar. 21, 1972, 86

Stat. 78; Pub. L. 97-35, title IX, Sec. 968(a), Aug. 13, 1981, 95

Stat. 595, established additional drug abuse prevention functions

of the Secretary of Health and Human Services.

Subsec. (a) was redesignated as section 503(e) of the Public

Health Service Act by Pub. L. 98-24, Sec. 2(b)(5), Apr. 26, 1983,

97 Stat. 177, and was classified to former section 290aa-2(e) of

Title 42, The Public Health and Welfare, prior to repeal by Pub. L.

102-321, title I, Sec. 101(b), July 10, 1992, 106 Stat. 331.

Subsec. (b), which directed that the Secretary carry out his

functions under subsec. (a) of this section through the National

Institute on Drug Abuse, was omitted.

-CITE-

21 USC Sec. 1174, 1175 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1174, 1175. Transferred

-COD-

CODIFICATION

Section 1174, Pub. L. 92-255, title IV, Sec. 407, Mar. 21, 1972,

86 Stat. 78; Pub. L. 94-237, Sec. 6(a), Mar. 19, 1976, 90 Stat.

244; Pub. L. 94-581, title I, Sec. 111(c)(2), Oct. 21, 1976, 90

Stat. 2852, which prohibited discrimination against drug abusers by

general hospitals, was redesignated section 526 of the Public

Health Service Act by Pub. L. 98-24, Sec. 2(b)(16)(B), Apr. 26,

1983, 97 Stat. 182, and is classified to section 290ee-2 of Title

42, The Public Health and Welfare.

Section 1175, Pub. L. 92-255, title IV, Sec. 408, Mar. 21, 1972,

86 Stat. 79; Pub. L. 93-282, title III, Sec. 303(a), (b), May 14,

1974, 88 Stat. 137, 138; Pub. L. 94-237, Sec. 4(c)(5)(A), (B), Mar.

19, 1976, 90 Stat. 244; Pub. L. 94-581, title I, Sec. 111(c)(3),

Oct. 21, 1976, 90 Stat. 2852; Pub. L. 97-35, title IX, Sec. 973(d),

Aug. 13, 1981, 95 Stat. 598, which related to confidentiality of

patients' records, was redesignated section 527 of the Public

Health Service Act by Pub. L. 98-24, Sec. 2(b)(16)(B), Apr. 26,

1983, 97 Stat. 182, and is classified to section 290ee-3 of Title

42.

-CITE-

21 USC Sec. 1176 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1176. Repealed. Pub. L. 97-35, title IX, Sec. 969(a), Aug. 13,

1981, 95 Stat. 595

-MISC1-

Section, Pub. L. 92-255, title IV, Sec. 409, Mar. 21, 1972, 86

Stat. 80; Pub. L. 94-237, Sec. 7, 8(a), 9(a)(1), (b)(1), Mar. 19,

1976, 90 Stat. 245-247; Pub. L. 94-371, Sec. 10(a)(1), (b)(1), July

26, 1976, 90 Stat. 1040; Pub. L. 95-83, title III, Sec. 311(a)(3),

Aug. 1, 1977, 91 Stat. 397; Pub. L. 95-461, Sec. 2(a), 4, Oct. 14,

1978, 92 Stat. 1268, 1269; Pub. L. 96-79, title I, Sec. 115(j)(2),

Oct. 4, 1979, 93 Stat. 610; Pub. L. 96-181, Sec. 6, Jan. 2, 1980,

93 Stat. 1311, provided for creation and funding through the fiscal

year ending Sept. 30, 1981, of a program of formula grants to

States to operate State plans for the establishment, conduct, and

coordination of projects for the development of more effective drug

abuse prevention functions in the States and for the evaluation of

such programs.

-CITE-

21 USC Sec. 1177 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1177. Special project grants and contracts

-STATUTE-

(a) Scope of programs; priority

The Secretary (FOOTNOTE 1) acting through the National Institute

on Drug Abuse, may make grants to and enter into contracts with

individuals and public and private nonprofit entities -

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(1) to provide training seminars, educational programs, and

technical assistance for the development, demonstration, and

evaluation of drug abuse prevention, treatment, and

rehabilitation programs; and

(2) to conduct demonstration and evaluation projects, with a

high priority on prevention and early intervention projects and

on identifying new and more effective drug abuse prevention,

treatment, and rehabilitation programs.

In the implementation of his authority under this section, the

Secretary shall accord a high priority to applications for grants

or contracts for primary prevention programs. For purposes of the

preceding sentence, primary prevention programs include programs

designed to discourage persons from beginning drug abuse. To the

extent that appropriations authorized under this section are used

to fund treatment services, the Secretary shall not limit such

funding to treatment for opiate abuse, but shall also provide

support for treatment for non-opiate drug abuse including polydrug

abuse. Furthermore, nothing shall prevent the use of funds

provided under this section for programs and projects aimed at the

prevention, treatment, and rehabilitation of alcohol abuse and

alcoholism as well as drug abuse.

(b) Authorization of appropriations

There are authorized to be appropriated $25,000,000 for the

fiscal year ending June 30, 1972; $65,000,000 for the fiscal year

ending June 30, 1973; $100,000,000 for the fiscal year ending June

30, 1974; $160,000,000 for each of the fiscal years ending June 30,

1975 and June 30, 1976; $40,000,000 for the period July 1, 1976,

through September 30, 1976; and $160,000,000 for each of the fiscal

years ending September 30, 1977, and September 30, 1978, to carry

out this section. For the fiscal year ending September 30, 1979,

there is authorized to be appropriated (1) $153,000,000 for grants

and contracts under paragraphs (3) and (6) of subsection (a) of

this section for drug abuse treatment programs, and (2) $24,000,000

for grants and contracts under such subsection for other programs

and activities. For grants and contracts under paragraphs (3) and

(6) of subsection (a) of this section for drug abuse treatment

programs there is authorized to be appropriated $149,000,000 for

the fiscal year ending September 30, 1980, and $155,000,000 for the

fiscal year ending September 30, 1981; and for grants and contracts

under such subsection for other programs and activities there is

authorized to be appropriated $20,000,000 for the fiscal year

ending September 30, 1980, and $30,000,000 for the fiscal year

ending September 30, 1981. Of the funds appropriated under the

preceding sentence for the fiscal year ending September 30, 1980,

at least 7 percent of the funds shall be obligated for grants and

contracts for primary prevention and intervention programs designed

to discourage individuals, particularly those in high risk

populations, from abusing drugs; and of the funds appropriated

under the preceding sentence for the next fiscal year, at least 10

percent of the funds shall be obligated for such grants and

contracts. For carrying out the purposes of this section, there

are authorized to be appropriated $15,000,000 for the fiscal year

ending September 30, 1982. Of the funds appropriated under the

preceding sentence, at least 25 per centum of the funds shall be

obligated for grants and contracts for primary prevention and

intervention programs designed to discourage individuals,

particularly individuals in high risk populations, from abusing

drugs.

(c) Coordination of applications for programs in a State;

precedence restriction; project evaluation; application

approval; criteria; proposed performance standards or research

protocol

(1) In carrying out this section, the Secretary shall require

coordination of all applications for programs in a State and shall

not give precedence to public agencies over private agencies,

institutions, and organizations, or to State agencies over local

agencies.

(2) Each applicant 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 (if any) responsible for the administration of drug abuse

prevention 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

set forth in the application. Such evaluation shall include

comments on the relationship of the project to other projects

pending and approved and to any State comprehensive plan for

treatment and prevention of drug abuse. The State shall furnish

the applicant a copy of any such evaluation. A State if it so

desires may, in writing, waive its rights under this paragraph.

(3) Approval of any application for a grant or contract under

this section 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 that -

(A) provide that the activities and services for which

assistance under this section is sought will be substantially

administered by or under the supervision of the applicant;

(B) provide for such methods of administration as are necessary

for the proper and efficient operation of such programs or

projects; and

(C) provide 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) Each applicant within a State, upon filing its application

with the Secretary for a grant or contract to provide treatment or

rehabilitation services shall provide a proposed performance

standard or standards, to measure, or research protocol to

determine, the effectiveness of such treatment or rehabilitation

program or project.

(d) Programs and projects aimed at underserved groups;

encouragement and special consideration given to applications

The Secretary shall encourage the submission of and give special

consideration to applications under this section to 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, and families of drug abusers.

(e) Payments; advances; reimbursement; installments

Payment under grants or contracts under this section may be made

in advance or by way of reimbursement and in such installments as

the Secretary may determine.

(f) Prevention and treatment services

Projects and programs for which grants and contracts are made or

entered into under this section shall, in the case of prevention

and treatment services, seek to (1) be responsive to special

requirements of handicapped individuals in receiving such services;

(2) whenever possible, be community based, 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 (A)

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 (B) identify an individual 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).

(g) Authorization by chief executive officer of State required;

maximum amount and duration of grants

(1) 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.

(2) No grant or contract may be made under this section for a

period in excess of five years.

(3)(A) 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.

(B) For purposes of this paragraph, no grant or contract shall be

considered to have been made under this section for a fiscal year

ending before September 30, 1981.

-SOURCE-

(Pub. L. 92-255, title IV, Sec. 410, Mar. 21, 1972, 86 Stat. 82;

Pub. L. 94-237, Sec. 10, 11, Mar. 19, 1976, 90 Stat. 247; Pub. L.

94-371, Sec. 10(c)(1), July 26, 1976, 90 Stat. 1040; Pub. L.

95-461, Sec. 2(b), 6(a), Oct. 14, 1978, 92 Stat. 1268, 1270; Pub.

L. 96-181, Sec. 7, Jan. 2, 1980, 93 Stat. 1312; Pub. L. 97-35,

title IX, Sec. 970(b)-(f), Aug. 13, 1981, 95 Stat. 596, 597; Pub.

L. 98-24, Sec. 5(a)(3), Apr. 26, 1983, 97 Stat. 183.)

-MISC1-

AMENDMENTS

1983 - Subsec. (d). Pub. L. 98-24 substituted ''Native Americans

(including Native Hawaiians and Native American Pacific

Islanders)'' for ''native Americans''.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 970(b), substituted ''The

Secretary acting through the National Institute on Drug Abuse, may

make grants to and enter into contracts with individuals, and

public and private nonprofit entities'' for ''The Secretary shall''

in introductory provision preceding par. (1), reduced the

enumeration of authorized activities of the Secretary from six

paragraphs to two paragraphs thereby eliminating provisions

relating to the recruitment, training, and employment of

participants in treatment programs, the establishment, conduct, and

evaluation of drug abuse prevention, treatment, and rehabilitation

programs, the development of methods to deal with drug abuse in

particular areas, the improvement of drug maintenance techniques or

programs, and the establishment, conduct, and evaluation of drug

abuse prevention and treatment programs, and inserted provision

that nothing shall prevent the use of funds provided under this

section for programs and projects aimed at the prevention,

treatment, and rehabilitation of alcohol abuse and alcoholism as

well as drug abuse.

Subsec. (b). Pub. L. 97-35, Sec. 970(c), inserted provisions

relating to fiscal year ending Sept. 30, 1982.

Subsec. (c)(2). Pub. L. 97-35, Sec. 970(d)(1), substituted

''responsible for the administration of drug abuse prevention

activities'' for ''designated or established under section 1176 of

this title'' and ''any State'' for ''the State'' and struck out

reference to drug abuse under section 1176 of this title.

Subsec. (c)(3)(D). Pub. L. 97-35, Sec. 970(d)(2), struck out

subpar. (D) which had provided that approval of a grant or contract

could be granted only if the application provided for reasonable

assurances that Federal funds made available under this section

would be used to supplement and increase the level of State, local,

and other non-Federal funds that would in the absence of such

Federal funds be made available for the programs described in this

section and would not supplant State or local funds.

Subsec. (d). Pub. L. 97-35, Sec. 970(e), inserted applicability

to racial and ethnic minorities, handicapped, native Americans, and

families of drug abusers.

Subsec. (g). Pub. L. 97-35, Sec. 970(f), added subsec. (g).

1980 - Subsec. (a)(1). Pub. L. 96-181, Sec. 7(a)(1), substituted

''development, demonstration and evaluation of drug abuse'' for

''development of drug abuse''.

Subsec. (a)(5). Pub. L. 96-181, Sec. 7(a)(2), substituted ''drug

maintenance and detoxification techniques'' for ''drug maintenance

techniques''.

Subsec. (a)(6). Pub. L. 96-181, Sec. 7(a)(3), in provisions

relating to evaluation of drug abuse prevention and treatment

programs, inserted provision that such evaluation be with

particular emphasis on replicating effective prevention and

treatment programs.

Subsec. (b). Pub. L. 96-181, Sec. 7(b), inserted authorization of

appropriations for grants and contracts under pars. (3) and (6) of

subsec. (a) and for other programs and activities for fiscal years

ending Sept. 30, 1980, and Sept. 30, 1981, and required certain

percentage of appropriated funds to be obligated for grants and

contracts for primary prevention and intervention programs designed

to discourage individuals from abusing drugs.

Subsec. (d). Pub. L. 96-181, Sec. 7(c), inserted provisions for

special consideration to applications for programs and projects for

prevention and treatment of drug abuse and drug dependence by

elderly.

Subsec. (f). Pub. L. 96-181, Sec. 7(d), added subsec. (f).

1978 - Subsec. (a). Pub. L. 95-461, Sec. 6(a), inserted provision

requiring Secretary to act through National Institute on Drug Abuse

in making special project grants.

Subsec. (b). Pub. L. 95-461, Sec. 2(b), inserted provisions

authorizing appropriations for fiscal year ending Sept. 30, 1979.

1976 - Subsec. (a). Pub. L. 94-237, Sec. 10(a), inserted

provisions which authorized Secretary to give a high priority to

applications for grants and contracts for primary prevention

programs, and set forth programs included within primary prevention

programs and scope of Secretary's funding authority.

Subsec. (b). Pub. L. 94-237, Sec. 11, substituted ''$160,000,000

for each of the fiscal years ending June 30, 1975 and June 30,

1976; $40,000,000 for the period July 1, 1976, through September

30, 1976; and $160,000,000 for each of the fiscal years ending

September 30, 1977, and September 30, 1978,'' for ''and

$160,000,000 for the fiscal year ending June 30, 1975,''.

Subsec. (c)(4). Pub. L. 94-237, Sec. 10(b), added par. (4).

Subsecs. (d), (e). Pub. L. 94-371 added subsec. (d) and

redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1976 AMENDMENT

Section 10(c)(2) of Pub. L. 94-371 provided that: ''The amendment

made by paragraph (1) (amending this section) shall apply with

respect to applications submitted for grants or contracts under

section 410 of the Drug Abuse Office and Treatment Act of 1972

(this section) after June 30, 1976.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1178 of this title.

-CITE-

21 USC Sec. 1178 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1178. Records and audit

-STATUTE-

(a) Assistance records; contents

Each recipient of assistance under section 1177 of this title

pursuant to grants or contracts entered into under other than

competitive bidding procedures shall keep such records as the

Secretary shall prescribe, including records which fully disclose

the amount and disposition by such recipient of the proceeds of

such grant or contract, the total cost of the project or

undertaking in connection with which such grant or contract is

given or used, and the amount of that portion of the cost of the

project or undertaking supplied by other sources, and such other

records as will facilitate an effective audit.

(b) Access to pertinent information for audit and examination

The Secretary and Comptroller General of the United States, or

any of their duly authorized representatives, shall have access for

the purpose of audit and examination to any books, documents,

papers, and records of such recipients that are pertinent to such

grants or contracts.

-SOURCE-

(Pub. L. 92-255, title IV, Sec. 411, Mar. 21, 1972, 86 Stat. 83;

Pub. L. 97-35, title IX, Sec. 971, Aug. 13, 1981, 95 Stat. 597.)

-MISC1-

AMENDMENTS

1981 - Subsec. (a). Pub. L. 97-35 struck out reference to section

1176 of this title.

-CITE-

21 USC Sec. 1179 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1179. National Drug Abuse Training Center

-STATUTE-

(a) Establishment; functions; general policies; transfer of

supervision

The Director shall establish a National Drug Abuse Training

Center (hereinafter in this section referred to as the ''Center'')

to develop, conduct, and support a full range of training programs

relating to drug abuse prevention functions. The Director shall

consult with the National Advisory Council for Drug Abuse

Prevention regarding the general policies of the Center. The

Director may supervise the operation of the Center initially, but

shall transfer the supervision of the operation of the Center to

the National Institute on Drug Abuse not later than December 31,

1974.

(b) Activities and material

The Center shall conduct or arrange for training programs,

seminars, meetings, conferences, and other related activities,

including the furnishing of training and educational materials for

use by others.

(c) Persons eligible for services and facilities

The services and facilities of the Center shall, in accordance

with regulations prescribed by the Director, be available to (1)

Federal, State, and local governmental officials, and their

respective staffs, (2) medical and paramedical personnel, and

educators, and (3) other persons, including drug dependent persons,

requiring training or education in drug abuse prevention.

(d) Authorization of appropriations; fiscal year availability

(1) For the purpose of carrying out this section, there are

authorized to be appropriated $1,000,000 for the fiscal year ending

June 30, 1972, $3,000,000 for the fiscal year ending June 30, 1973,

$5,000,000 for the fiscal year ending June 30, 1974, and $6,000,000

for the fiscal year ending June 30, 1975.

(2) Sums appropriated under this subsection shall remain

available for obligation or expenditure in the fiscal year for

which appropriated and in the fiscal year next following.

-SOURCE-

(Pub. L. 92-255, title IV, Sec. 412, Mar. 21, 1972, 86 Stat. 84.)

-MISC1-

NATIONAL ADVISORY COUNCIL FOR DRUG ABUSE PREVENTION

Section 1151 of this title, which established the National

Advisory Council for Drug Abuse Prevention, was repealed by Pub. L.

92-255, title I, Sec. 104, Mar. 21, 1972, 86 Stat. 67, eff. June

30, 1975.

-CITE-

21 USC Sec. 1180 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1180. Transferred

-COD-

CODIFICATION

Section, Pub. L. 92-255, title IV, Sec. 413, Mar. 21, 1972, 86

Stat. 84; Pub. L. 96-181, Sec. 8(a), (b)(1), Jan. 2, 1980, 93 Stat.

1313, 1314; Pub. L. 97-35, title IX, Sec. 973(e), Aug. 13, 1981, 95

Stat. 598, which related to drug abuse among government and other

employees, was redesignated section 525 of the Public Health

Service Act by Pub. L. 98-24, Sec. 2(b)(16)(A), Apr. 26, 1983, 97

Stat. 182, and is classified to section 290ee-1 of Title 42, The

Public Health and Welfare.

-CITE-

21 USC Sec. 1181 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER IV - OTHER FEDERAL PROGRAMS

-HEAD-

Sec. 1181. Contract authority

-STATUTE-

The authority of the Secretary to enter into contracts under this

subchapter and subchapter V of 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.

-SOURCE-

(Pub. L. 92-255, title IV, Sec. 414, as added Pub. L. 96-181, Sec.

9(a), Jan. 2, 1980, 93 Stat. 1314.)

-REFTEXT-

REFERENCES IN TEXT

Subchapter V of this chapter, referred to in text, consisted of

sections 501 to 504 of title V of Pub. L. 92-255, Mar. 21, 1972, 86

Stat. 85, which were classified to sections 1191 to 1194 of this

title, respectively. Sections 501 to 503 were made part of the

Public Health Service Act by Pub. L. 98-24, Sec. 2(b)(4), (11),

(15), Apr. 26, 1983, 97 Stat. 177, 180, 181, and were transferred

to former sections 290aa-2, 290ee, and 290cc, respectively, of

Title 42, The Public Health and Welfare. Section 290aa-2 of Title

42 was repealed by Pub. L. 102-321, Sec. 101(b). Section 290cc of

Title 42 was repealed by Pub. L. 102-321, Sec. 123(c). Section

290ee of Title 42 was omitted in the general revision of part D of

subchapter III-A of chapter 6A of Title 42 by Pub. L. 102-321.

Section 1194 of this title was repealed by Pub. L. 98-24, Sec.

2(c)(2).

-CITE-

21 USC SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE

.

-HEAD-

SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1181 of this title.

-CITE-

21 USC Sec. 1191 to 1193 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE

-HEAD-

Sec. 1191 to 1193. Transferred

-COD-

CODIFICATION

Section 1191, Pub. L. 92-255, title V, Sec. 501, Mar. 21, 1972,

86 Stat. 85; Pub. L. 93-282, title II, Sec. 204, May 14, 1974, 88

Stat. 136; Pub. L. 94-237, Sec. 12(a), Mar. 19, 1976, 90 Stat. 247;

Pub. L. 96-181, Sec. 10, Jan. 2, 1980, 93 Stat. 1314; Pub. L.

97-35, title IX, Sec. 973(f), Aug. 13, 1981, 95 Stat. 598, which

established the National Institute on Drug Abuse, was redesignated

section 503(a)-(d) of the Public Health Service Act by Pub. L.

98-24, Sec. 2(b)(4), Apr. 26, 1983, 97 Stat. 177, transferred to

section 290aa-2(a)-(d) of Title 42, The Public Health and Welfare,

and subsequently repealed.

Section 1192, Pub. L. 92-255, title V, Sec. 502, as added Pub. L.

94-237, Sec. 12(b)(1), Mar. 19, 1976, 90 Stat. 247; amended Pub. L.

95-461, Sec. 5, Oct. 14, 1978, 92 Stat. 1269; Pub. L. 96-181, Sec.

11, Jan. 2, 1980, 93 Stat. 1315, which related to the coordination,

information, assistance, and assignment activities and services,

was redesignated section 524 of the Public Health Service Act by

Pub. L. 98-24, Sec. 2(b)(15), Apr. 26, 1983, 97 Stat. 181,

transferred to section 290ee of Title 42, and subsequently omitted.

Section 1193, Pub. L. 92-255, title V, Sec. 503, as added Pub. L.

94-237, Sec. 13(a), Mar. 19, 1976, 90 Stat. 248; amended Pub. L.

95-461, Sec. 2(c), Oct. 14, 1978, 92 Stat. 1268; Pub. L. 96-181,

Sec. 12, Jan. 2, 1980, 93 Stat. 1315; Pub. L. 97-35, title IX, Sec.

972(a), (b), Aug. 13, 1981, 95 Stat. 597, which related to research

and development functions, was redesignated section 515 of the

Public Health Service Act by Pub. L. 98-24, Sec. 2(b)(11), Apr. 26,

1983, 97 Stat. 180, transferred to section 290cc of Title 42, and

subsequently repealed.

-MISC3-

PRIOR PROVISIONS

A prior section 502 of Pub. L. 92-255, Mar. 21, 1972, 86 Stat.

85, amended section 217 of the Public Health Service Act by adding

subsec. (e) (section 218(e) of Title 42, The Public Health and

Welfare), and amended section 266 of the Community Mental Health

Centers Act (former section 2688t of Title 42).

-CITE-

21 USC Sec. 1194 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION

SUBCHAPTER V - NATIONAL INSTITUTE ON DRUG ABUSE

-HEAD-

Sec. 1194. Repealed. Pub. L. 98-24, Sec. 2(c)(2), Apr. 26, 1983, 97

Stat. 182

-MISC1-

Section, Pub. L. 92-255, title V, Sec. 504, as added Pub. L.

95-461, Sec. 6(b)(1), Oct. 14, 1978, 92 Stat. 1270, related to

review by the Secretary of programs and activities. See section

290aa-5 of Title 42, The Public Health and Welfare.

-CITE-