Legislación
US (United States) Code. Title 21. Chapter 16: Drug abuse prevention, treatment and rehabilitation
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21 USC CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND
REHABILITATION 01/06/03
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TITLE 21 - FOOD AND DRUGS
CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION
.
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CHAPTER 16 - DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION
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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 Repealed.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 Repealed.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 Repealed or Omitted.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 Repealed.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 Repealed, Transferred, or Omitted.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 Transferred or Repealed.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
.
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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
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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.)
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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
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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.)
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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.
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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
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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
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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
.
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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.)
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |