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42 U.S.C. § 290dd — Substance abuse among government and other employees

submitted 82 years ago by Pub. L. 91-616 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 346 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must build and share model substance abuse prevention programs for governments and businesses. Federal civilian workers cannot lose their job or a license just for having a past substance abuse problem. But this protection does not apply to sensitive national-security jobs, like the CIA or FBI.

(a) Programs and services (1) Development: The Secretary, through the Assistant Secretary for Mental Health and Substance Use, must build substance abuse prevention and treatment programs and services for state and local governments and private industry. (2) Model programs: (A) The Secretary must develop several model programs that different kinds of businesses and state and local governments can copy cost-effectively. (B) The Secretary must share information and materials about these model programs with the state agencies that run substance abuse programs, and give those agencies technical help when asked, as much as is feasible. (b) Deprivation of employment (1) Prohibition: No one may be denied or lose a federal civilian job, or a federal professional license or right, purely because of past substance abuse. (2) Application: This protection does not apply to jobs at (A) the CIA; (B) the FBI; (C) the NSA; (D) any other agency the President designates for national security reasons; or (E) any other position that an agency head decides, by regulation, is a sensitive position. (3) Rehabilitation Act: The fact that this protection does not apply to those jobs does not affect whether the Rehabilitation Act of 1973 or other anti-discrimination laws still apply to that employment. (c) Construction: This section does not stop an agency from firing a federal civilian employee who cannot properly do their job.
the actual law source: uscode.house.gov ↗public domain
(a) Programs and services
(1) Development

The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall be responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and in private industry.

(2) Model programs
(A) In general

Consistent with the responsibilities described in paragraph (1), the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall develop a variety of model programs suitable for replication on a cost-effective basis in different types of business concerns and State and local governmental entities.

(B) Dissemination of information

The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall disseminate information and materials relative to such model programs to the State agencies responsible for the administration of substance abuse prevention, treatment, and rehabilitation activities and shall, to the extent feasible provide technical assistance to such agencies as requested.

(b) Deprivation of employment
(1) Prohibition

No person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse.

(2) Application

This subsection shall not apply to employment in—

(A)

the Central Intelligence Agency;

(B)

the Federal Bureau of Investigation;

(C)

the National Security Agency;

(D)

any other department or agency of the Federal Government designated for purposes of national security by the President; or

(E)

in any position in any department or agency of the Federal Government, not referred to in subparagraphs (A) through (D), which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive position.

(3) Rehabilitation Act

The inapplicability of the prohibition described in paragraph (1) to the employment described in paragraph (2) shall not be construed to reflect on the applicability of the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] or other anti-discrimination laws to such employment.

(c) Construction

This section shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment.

Source credit: (July 1, 1944, ch. 373, title V, § 541, formerly Pub. L. 91–616, title III, § 301, Dec. 31, 1970, 84 Stat. 1849, as amended Pub. L. 92–554, Oct. 25, 1972, 86 Stat. 1167; Pub. L. 93–282, title I, § 105(a), May 14, 1974, 88 Stat. 127; Pub. L. 94–371, § 3(a), July 26, 1976, 90 Stat. 1035; Pub. L. 96–180, § 7, Jan. 2, 1980, 93 Stat. 1303; Pub. L. 97–35, title IX, § 962(a), Aug. 13, 1981, 95 Stat. 592; renumbered § 520 of act July 1, 1944, and amended Pub. L. 98–24, § 2(b)(13), Apr. 26, 1983, 97 Stat. 181; Pub. L. 98–509, title III, § 301(c)(2), Oct. 19, 1984, 98 Stat. 2364; renumbered § 541, Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516; Pub. L. 100–607, title VIII, § 813(2), Nov. 4, 1988, 102 Stat. 3170; Pub. L. 100–628, title VI, § 613(2), Nov. 7, 1988, 102 Stat. 3243; Pub. L. 101–93, § 5(t)(1), Aug. 16, 1989, 103 Stat. 615; Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366; Pub. L. 114–255, div. B, title VI, § 6001(c)(1), Dec. 13, 2016, 130 Stat. 1203.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 91-616 · 84 Stat. 1849
  • 1974Amended · Pub. L. 93-282 · 88 Stat. 127
  • 1976Amended · Pub. L. 94-371 · 90 Stat. 1035
  • 1980Amended · Pub. L. 96-180 · 93 Stat. 1303
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 592
  • 1944Amended · Pub. L. 98-24 · 97 Stat. 181
  • 1984Amended · Pub. L. 98-509 · 98 Stat. 2364
  • 1987Amended · Pub. L. 100-77 · 101 Stat. 516
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3170
  • 1988Amended · Pub. L. 100-628 · 102 Stat. 3243
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 615
  • 1992Amended · Pub. L. 102-321 · 106 Stat. 366
  • 2016Amended · Pub. L. 114-255 · 130 Stat. 1203

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-616 on 1944-07-01.

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