210 
or securing such an amount in an amount greater 
than the amount the person is authorized to receive. 
‘‘(b) CRIMINAL PENALTY FOR VIOLATION OF PROHI-
BITION.—Any person who violates a prohibition estab-
lished in subsection (a) may for each violation be fined 
in accordance with title 18, United States Code, or impris-
oned for not more than 5 years, or both. 
‘‘SEC. 553. NONDISCRIMINATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) RULE OF CONSTRUCTION REGARDING CER-
TAIN CIVIL RIGHTS LAWS.—For the purpose of ap-
plying the prohibitions against discrimination on the 
basis of age under the Age Discrimination Act of 
1975, on the basis of handicap under section 504 of 
the Rehabilitation Act of 1973, on the basis of sex 
under title IX of the Education Amendments of 
1972, or on the basis of race, color, or national ori-
gin under title VI of the Civil Rights Act of 1964, 
programs and activities funded in whole or in part 
with funds made available under section 541 shall be 
considered to be programs and activities receiving 
Federal financial assistance. 
‘‘(2) PROHIBITION.—No person shall on the 
ground of sex or religion be excluded from participa-
tion in, be denied the benefits of, or be subjected to 
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discrimination under, any program or activity fund-
ed in whole or in part with funds made available 
under section 541. 
‘‘(b) ENFORCEMENT.— 
‘‘(1) REFERRALS
TO
ATTORNEY
GENERAL 
AFTER NOTICE.—Whenever the Secretary finds that 
a State, or an entity that has received a payment 
pursuant to section 541, has failed to comply with 
a provision of law referred to in subsection (a)(1), 
with subsection (a)(2), or with an applicable regula-
tion (including one prescribed to carry out sub-
section (a)(2)), the Secretary shall notify the chief 
executive officer of the State and shall request the 
chief executive officer to secure compliance. If within 
a reasonable period of time, not to exceed 60 days, 
the chief executive officer fails or refuses to secure 
compliance, the Secretary may— 
‘‘(A) refer the matter to the Attorney Gen-
eral with a recommendation that an appropriate 
civil action be instituted; 
‘‘(B) exercise the powers and functions 
provided by the Age Discrimination Act of 
1975, section 504 of the Rehabilitation Act of 
1973, title IX of the Education Amendments of 
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1972, or title VI of the Civil Rights Act of 
1964, as may be applicable; or 
‘‘(C) take such other actions as may be au-
thorized by law. 
‘‘(2) AUTHORITY
OF
ATTORNEY
GENERAL.— 
When a matter is referred to the Attorney General 
pursuant to paragraph (1)(A), or whenever the At-
torney General has reason to believe that a State or 
an entity is engaged in a pattern or practice in viola-
tion of a provision of law referred to in subsection 
(a)(1) or in violation of subsection (a)(2), the Attor-
ney General may bring a civil action in any appro-
priate district court of the United States for such re-
lief as may be appropriate, including injunctive re-
lief. 
‘‘SEC. 554. DEFINITIONS. 
‘‘For purposes of this part: 
‘‘(1) ELIGIBLE
HOMELESS
INDIVIDUAL.—The 
term ‘eligible homeless individual’ means an indi-
vidual described in section 542(a). 
‘‘(2) 
HOMELESS
INDIVIDUAL.—The 
term 
‘homeless individual’ has the meaning given such 
term in section 330(h)(5)(A). 
‘‘(3) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, the 
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Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands. 
‘‘(4) SUBSTANCE USE DISORDER SERVICES.— 
The term ‘substance use disorder services’ has the 
meaning given the term ‘substance abuse services’ in 
section 330(h)(5)(C). 
‘‘SEC. 555. FUNDING. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this part, there is authorized to 
be appropriated $75,000,000 for each of the fiscal years 
2011 through 2015. 
‘‘(b) ALLOCATION FOR TECHNICAL ASSISTANCE.— 
For purposes of carrying out section 550, the Adminis-
trator shall obligate 2 percent of the amounts appro-
priated under subsection (a) for a fiscal year. 
‘‘PART D—MISCELLANEOUS PROVISIONS RELAT-
ING TO SUBSTANCE USE DISORDERS AND 
MENTAL ILLNESS 
‘‘SEC. 561. SUBSTANCE USE DISORDERS AMONG GOVERN-
MENT AND OTHER EMPLOYEES. 
‘‘(a) PROGRAMS AND SERVICES.— 
‘‘(1) DEVELOPMENT.—The Secretary, acting 
through the Administrator of the Substance Abuse 
and Mental Health Services Administration, shall be 
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responsible for fostering substance use disorder pre-
vention 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 Administrator of 
the Substance Abuse and Mental Health Serv-
ices Administration, 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 enti-
ties. 
‘‘(B) DISSEMINATION OF INFORMATION.— 
The Secretary, acting through the Adminis-
trator of the Substance Abuse and Mental 
Health Services Administration, shall dissemi-
nate information and materials relative to such 
model programs to the State agencies respon-
sible for the administration of substance use 
disorder prevention, treatment, and rehabilita-
tion activities and shall, to the extent feasible 
provide technical assistance to such agencies as 
requested. 
‘‘(b) DEPRIVATION OF EMPLOYMENT.— 
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‘‘(1) PROHIBITION.—No person may be denied 
or deprived of Federal civilian employment or a Fed-
eral professional or other license or right solely on 
the grounds of prior substance use disorders. 
‘‘(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 pur-
poses 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 po-
sition is determined pursuant to regulations 
prescribed by the head of such agency or de-
partment to be a sensitive position. 
‘‘(3) REHABILITATION
ACT.—The inapplica-
bility 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 or other anti-discrimina-
tion laws to such employment. 
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‘‘(c) CONSTRUCTION.—This section shall not be con-
strued to prohibit the dismissal from employment of a 
Federal civilian employee who cannot properly function in 
his employment. 
‘‘SEC. 562. ADMISSION OF SUBSTANCE ABUSERS TO PRI-
VATE AND PUBLIC HOSPITALS AND OUT-
PATIENT FACILITIES. 
‘‘(a) NONDISCRIMINATION.—Substance abusers who 
are suffering from medical conditions shall not be dis-
criminated against in admission or treatment, solely be-
cause of their substance use disorder, by any private or 
public general hospital, or outpatient facility (as defined 
in section 1624(4)) which receives support in any form 
from any program supported in whole or in part by funds 
appropriated to any Federal department or agency. 
‘‘(b) REGULATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall issue 
regulations for the enforcement of the policy of sub-
section (a) with respect to the admission and treat-
ment of substance abusers in hospitals and out-
patient facilities which receive support of any kind 
from any program administered by the Secretary. 
Such regulations shall include procedures for deter-
mining (after opportunity for a hearing if requested) 
if a violation of subsection (a) has occurred, notifica-
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tion of failure to comply with such subsection, and 
opportunity for a violator to comply with such sub-
section. If the Secretary determines that a hospital 
or outpatient facility subject to such regulations has 
violated subsection (a) and such violation continues 
after an opportunity has been afforded for compli-
ance, the Secretary may suspend or revoke, after op-
portunity for a hearing, all or part of any support 
of any kind received by such hospital from any pro-
gram administered by the Secretary. The Secretary 
may consult with the officials responsible for the ad-
ministration of any other Federal program from 
which such hospital or outpatient facility receives 
support of any kind, with respect to the suspension 
or revocation of such other Federal support for such 
hospital or outpatient facility. 
‘‘(2) DEPARTMENT OF VETERANS AFFAIRS.— 
The Secretary of Veterans Affairs, acting through 
the Under Secretary for Health, shall, to the max-
imum feasible extent consistent with their respon-
sibilities under title 38, United States Code, pre-
scribe regulations making applicable the regulations 
prescribed by the Secretary under paragraph (1) to 
the provision of hospital care, nursing home care, 
domiciliary care, and medical services under such 
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title 38 to veterans suffering from substance use dis-
orders. In prescribing and implementing regulations 
pursuant to this paragraph, the Secretary shall, 
from time to time, consult with the Secretary of 
Health and Human Services in order to achieve the 
maximum possible coordination of the regulations, 
and the implementation thereof, which they each 
prescribe. 
‘‘SEC. 563. CONFIDENTIALITY OF RECORDS. 
‘‘(a) REQUIREMENT.—Records of the identity, diag-
nosis, prognosis, or treatment of any patient which are 
maintained in connection with the performance of any pro-
gram or activity relating to substance use disorder edu-
cation, prevention, training, treatment, rehabilitation, or 
research, which is conducted, regulated, or directly or indi-
rectly assisted by any department or agency of the United 
States shall, except as provided in subsection (e), be con-
fidential and be disclosed only for the purposes and under 
the circumstances expressly authorized under subsection 
(b). 
‘‘(b) PERMITTED DISCLOSURE.— 
‘‘(1) CONSENT.—The content of any record re-
ferred to in subsection (a) may be disclosed in ac-
cordance with the prior written consent of the pa-
tient with respect to whom such record is main-
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tained, but only to such extent, under such cir-
cumstances, and for such purposes as may be al-
lowed under regulations prescribed pursuant to sub-
section (g). 
‘‘(2) METHOD FOR DISCLOSURE.—Whether or 
not the patient, with respect to whom any given 
record referred to in subsection (a) is maintained, 
gives written consent, the content of such record 
may be disclosed as follows: 
‘‘(A) To medical personnel to the extent 
necessary to meet a bona fide medical emer-
gency. 
‘‘(B) To qualified personnel for the pur-
pose of conducting scientific research, manage-
ment audits, financial audits, or program eval-
uation, but such personnel may not identify, di-
rectly or indirectly, any individual patient in 
any report of such research, audit, or evalua-
tion, or otherwise disclose patient identities in 
any manner. 
‘‘(C) If authorized by an appropriate order 
of a court of competent jurisdiction granted 
after application showing good cause therefore, 
including the need to avert a substantial risk of 
death or serious bodily harm. In assessing good 
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‘‘(ii) shall give special consideration to 
the entity if the State agrees to provide a 
portion of the non-Federal contributions 
required in subsection (c) regarding such a 
grant. 
‘‘(c) MATCHING FUNDS.— 
‘‘(1) IN GENERAL.—A funding agreement for a 
grant under subsection (a) is that the public entity 
involved will, with respect to the costs to be incurred 
by the entity in carrying out the purpose described 
in such subsection, make available (directly or 
through donations from public or private entities) 
non-Federal contributions toward such costs in an 
amount that— 
‘‘(A) for the first fiscal year for which the 
entity receives payments from a grant under 
such subsection, is not less than $1 for each $3 
of Federal funds provided in the grant; 
‘‘(B) for any second or third such fiscal 
year, is not less than $1 for each $3 of Federal 
funds provided in the grant; 
‘‘(C) for any fourth such fiscal year, is not 
less than $1 for each $1 of Federal funds pro-
vided in the grant; and 
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