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42 U.S.C. § 4577Grants and contracts for demonstration of new and more effective drug and alcohol abuse prevention, treatment, and rehabilitation programs

submitted 52 years ago by Pub. L. 91-616 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,193 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes grants and contracts for alcohol-abuse and alcoholism prevention, treatment, rehabilitation, evaluation, coordination, education, and training. It sets community-participation, application-review, funding, performance, and drug-abuse rules.

(a) Projects and programs. The Secretary, through the Institute, may give grants to public or nonprofit private organizations and may make contracts with public or private organizations or people. The grants and contracts may support: (1) demonstration and evaluation projects, giving high priority to prevention and early intervention in workplaces and schools, modified community living and work-care arrangements such as halfway houses, recovery homes, and supervised home care, and new or more effective programs to prevent, treat, and rehabilitate alcohol abuse and alcoholism; (2) projects shown to be valuable for coordinating all alcoholism treatment, training, prevention, and research resources in a health service area established under section 300 l 1; and (3) education and training for preventing and treating alcohol abuse and alcoholism and rehabilitating alcohol abusers and alcoholics. This training may include extra training so treatment workers can meet public or private accreditation or licensing requirements, or third-party payer requirements. (b) Community participation. Every project or program funded under this section must: (1) respond to the special needs of people with disabilities when they receive these services; (2) whenever possible, be based in the community; for prevention and treatment services, seek good-quality care in ordinary community care facilities and under health insurance plans; and include active participation by many public and nongovernmental agencies, organizations, institutions, and people; (3) if a substantial part of the served population has limited ability to speak English, use outreach workers fluent in the language spoken by most of those people, create practical arrangements to provide services in the most suitable language and cultural setting, and identify a full-time project worker fluent in both that language and English to guide those people and appropriate staff about cultural sensitivities and linguistic and cultural differences; and (4) when appropriate, use existing community resources, including community mental health centers. (c) Applications and review. (1) The Secretary must require coordination of all applications for projects and programs in a State. (2)(A) Each in-State applicant must send the State agency responsible for alcohol-abuse and alcoholism prevention, treatment, and rehabilitation a copy of its application when it files with the Secretary. The State agency has no more than 30 days after receiving it to send the Secretary a written evaluation. The evaluation must discuss the project’s relationship to other pending or approved projects and programs and to any State comprehensive plan for alcohol-abuse and alcoholism treatment and prevention. The State must give the applicant a copy. (B)(i) Except as provided in clause (ii), the Secretary must send each grant application to the National Advisory Council on Alcohol Abuse and Alcoholism. The Secretary may approve it only if the Council recommends approval. (ii) This review rule does not apply to a grant for a project or program whose payments will be less than $250,000 for each 12-month period, if the Secretary has already received and approved an application covering that project or program and a period that includes the 12 months. (3) The Secretary may approve a grant or contract, including earmarked financial assistance, only if the application substantially meets criteria established by the Secretary. The criteria must require that the applicant substantially administer or supervise the project; use administration methods needed for proper and efficient operation; and use fiscal controls and fund-accounting procedures needed for proper payment and accounting of Federal money. (4) The Secretary must encourage and give special consideration to applications serving underserved groups, including racial and ethnic minorities, Native Americans (including Native Hawaiians and Native American Pacific Islanders), young people, older people, women, people with disabilities, public inebriates, and alcoholics’ families. (5)(A) A grant to a State or a State-government entity requires authorization by the State’s chief executive officer. (B) A grant or contract may not last more than five years. (C)(i) The maximum amount is 100% of the first fiscal year’s cost, 80% of the second year’s cost, 70% of the third year’s cost, and 60% of the cost in each of the fourth and fifth years. (ii) A grant or contract is not treated as made under this section for a fiscal year ending before September 30, 1981. (6) An applicant seeking a grant or contract for prevention or treatment services must propose performance standards to measure, or a research protocol to determine, how effective the services are. (7) Funds under this section may also be used for programs and projects preventing, treating, or rehabilitating drug abuse, as well as alcohol abuse and alcoholism.
the actual law source: uscode.house.gov ↗public domain
(a) Projects and programs

The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals—

(1)

to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects in occupational and educational settings and on modified community living and work-care arrangements such as halfway houses, recovery homes, and supervised home care, and with particular emphasis on developing new and more effective alcohol abuse and alcoholism prevention, treatment, and rehabilitation programs,

(2)

to support projects of a demonstrable value in developing methods for the effective coordination of all alcoholism treatment, training, prevention, and research resources available within a health service area established under section 300l1 of this title, and

(3)

to provide education and training, which may include additional training to enable treatment personnel to meet certification requirements of public or private accreditation or licensure, or requirements of third-party payors,

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

(b) Community participation

Projects and programs for which grants and contracts are made under this section shall (1) be responsive to special requirements of handicapped individuals in receiving such services; (2) whenever possible, be community based, seek (in the case of prevention and treatment services) to insure care of good quality in general community care facilities and under health insurance plans, and be integrated with, and provide for the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals; (3) where a substantial number of the individuals in the population served by the proj­ect or program are of limited English-speaking ability, utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose responsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences; and (4) where appropriate utilize existing community resources (including community mental health centers).

(c) Application, coordination of applications in State, evaluation of projects and programs; review and recommendation by Council; criteria for approval; special consideration for underserved populations; authorization from chief executive officer required; maximum amount and duration of grants; applicant to provide proposed performance standards; drug abuse programs included
(1)

In administering this section, the Secretary shall require coordination of all applications for projects and programs in a State.

(2)
(A)

Each applicant from within a State, upon filing its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency responsible for the administration of alcohol abuse and alcoholism prevention, treatment, and rehabilitation activities. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary, in writing, an evaluation of the project or program set forth in the application. Such evaluation shall include comments on the relationship of the project to other projects and programs pending and approved and to any State comprehensive plan for treatment and prevention of alcohol abuse and alcoholism. The State shall furnish the applicant a copy of any such evaluation.

(B)
(i)

Except as provided in clause (ii), each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for its review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.

(ii)

Clause (i) shall not apply to an application for a grant under this section for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if an application for a grant under this section for such project or program and for a period of time which includes such 12-month period has been submitted to, and approved by, the Secretary.

(3)

Approval of any application for a grant or contract by the Secretary, including the earmarking of financial assistance for a program or project, may be granted only if the application substantially meets a set of criteria established by the Secretary that—

(A)

provides that the projects and programs for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant;

(B)

provides for such methods of administration as are necessary for the proper and efficient operation of such programs and projects; and

(C)

provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant.

(4)

The Secretary shall encourage the submission of and give special consideration to applications under this section for programs and projects aimed at underserved populations such as racial and ethnic minorities, Native Americans (including Native Hawaiians and Native American Pacific Islanders), youth, the elderly, women, handicapped individuals, public inebriates, and families of alcoholics.

(5)
(A)

No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State.

(B)

No grant or contract may be made under this section for a period in excess of five years.

(C)
(i)

The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grant or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section.

(ii)

For purposes of this subparagraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before September 30, 1981.

(6)

Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to measure, or research protocol to determine, the effectiveness of such services.

(7)

Nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, or rehabilitation of drug abuse as well as alcohol abuse and alcoholism.

Source credit: (Pub. L. 91–616, title III, § 311, as added Pub. L. 93–282, title I, § 111, May 14, 1974, 88 Stat. 129; amended Pub. L. 94–371, §§ 4(c)(1), 6, 12(a), July 26, 1976, 90 Stat. 1035, 1037, 1041; Pub. L. 94–573, § 19(a), Oct. 21, 1976, 90 Stat. 2720; Pub. L. 95–83, title III, § 311(c), Aug. 1, 1977, 91 Stat. 398; Pub. L. 96–180, § 11, Jan. 2, 1980, 93 Stat. 1304; Pub. L. 97–35, title IX, § 963(b), (c), Aug. 13, 1981, 95 Stat. 593; Pub. L. 97–414, § 9(d), Jan. 4, 1983, 96 Stat. 2064; Pub. L. 98–24, § 5(a)(1), Apr. 26, 1983, 97 Stat. 183.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 91-616 · 88 Stat. 129
  • 1976Amended · Pub. L. 94-371 · 90 Stat. 1035, 1037, 1041
  • 1976Amended · Pub. L. 94-573 · 90 Stat. 2720
  • 1977Amended · Pub. L. 95-83 · 91 Stat. 398
  • 1980Amended · Pub. L. 96-180 · 93 Stat. 1304
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 593
  • 1983Amended · Pub. L. 97-414 · 96 Stat. 2064
  • 1983Amended · Pub. L. 98-24 · 97 Stat. 183

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-616 on 1974-05-14.

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