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42 U.S.C. § 11710 (THE PUBLIC HEALTH AND WELFARE)
§ 11710. Report
The President shall, at the time the budget is submitted under section 1105 of title 31, for each fiscal year transmit to the Congress a report on the progress made in meeting the objectives of this chapter, including a review of programs established or assisted pursuant to this chapter and an assessment and recommendations of additional programs or additional assistance necessary to, at a minimum, provide health services to Native Hawaiians, and ensure a health status for Native Hawaiians, which are at a parity with the health services available to, and the health status of, the general population.
(Pub. L. 100–579, § 11, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2311, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Section was formerly classified to section 11709 of this title prior to the general amendment of this chapter by Pub. L. 102–396.
Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 1 of Pub. L. 100–579, as subsequently amended.
heading: Prior Provisions
text: A prior section 11710, Pub. L. 100–579, § 12, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2312, Nov. 18, 1988, 102 Stat. 4230, which related to severability, was amended generally by Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948, and transferred to section 11711 of this title.
heading: Amendments
text: 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to compliance with Budget Act.
42 U.S.C. § 11712 (THE PUBLIC HEALTH AND WELFARE)
§ 11712. Rule of construction
Nothing in this chapter shall be construed to restrict the authority of the State of Hawaii to license health practitioners.
(Pub. L. 100–579, § 13, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: Section enacted by section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, which was enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
42 U.S.C. § 11713 (THE PUBLIC HEALTH AND WELFARE)
§ 11713. Compliance with Budget Act
Any new spending authority (described in subsection (c)(2)(A) or (B) of section 651 1 of title 2) which is provided under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
(Pub. L. 100–579, § 15, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: References in Text
text: Section 651 of title 2, referred to in text, was amended by Pub. L. 105–33, title X, § 10116(a)(3), Aug. 5, 1997, 111 Stat. 691, by striking out subsec. (c) and redesignating former subsec. (d) as (c).
heading: Codification
text: Section enacted by section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, which was enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
42 U.S.C. § 11714 (THE PUBLIC HEALTH AND WELFARE)
§ 11714. Severability
If any provision of this chapter, or the application of any such provision to any person or circumstances is held to be invalid, the remainder of this chapter, and the application of such provision or amendment to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
(Pub. L. 100–579, § 16, as added Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: Section enacted by section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, which was enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
42 U.S.C. § 11801 (THE PUBLIC HEALTH AND WELFARE)
§ 11801. Establishment of drug abuse education and prevention program relating to youth gangs
The Secretary of Health and Human Services, through the Administration on Children, Youth, and Families, shall make grants to, and enter into contracts with, public and nonprofit private agencies (including agencies described in paragraph (7)(A) acting jointly), organizations (including community based organizations with demonstrated experience in this field), institutions, and individuals, to carry out projects and activities—
(1) to prevent and to reduce the participation of youth in the activities of gangs that engage in illicit drug-related activities,
(2) to promote the involvement of youth in lawful activities in communities in which such gangs commit drug-related crimes,
(3) to prevent the abuse of drugs by youth, to educate youth about such abuse, and to refer for treatment and rehabilitation members of such gangs who abuse drugs,
(4) to support activities of local police departments and other local law enforcement agencies to conduct educational outreach activities in communities in which gangs commit drug-related crimes,
(5) to inform gang members and their families of the availability of treatment and rehabilitation services for drug abuse,
(6) to facilitate Federal and State cooperation with local school officials to assist youth who are likely to participate in gangs that commit drug-related crimes,
(7) to facilitate coordination and cooperation among—
(A) local education, juvenile justice, employment and social service agencies, and
(B) drug abuse referral, treatment, and rehabilitation programs,
for the purpose of preventing or reducing the participation of youth in activities of gangs that commit drug-related crimes, and
(8) to provide technical assistance to eligible organizations in planning and implementing drug abuse education, prevention, rehabilitation, and referral programs for youth who are members of gangs that commit drug-related crimes.
(Pub. L. 100–690, title III, § 3501, Nov. 18, 1988, 102 Stat. 4254; Pub. L. 102–132, § 1(a), Oct. 18, 1991, 105 Stat. 630.)
heading: Amendments
text: 1991—Pub. L. 102–132 inserted “(including agencies described in paragraph (7)(A) acting jointly)” after “agencies” in introductory provisions.
heading: Effective Date of 1991 Amendment
text: Pub. L. 102–132, § 3, Oct. 18, 1991, 105 Stat. 631, provided that: “This Act [enacting section 11806 of this title and amending this section and sections 11805 and 11823 of this title] shall take effect on October 1, 1991.”
42 U.S.C. § 11802 (THE PUBLIC HEALTH AND WELFARE)
§ 11802. Application for grants and contracts
(a) Submission of applications
Any agency, organization, institution, or individual desiring to receive a grant, or to enter into a contract, under section 11801 of this title shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may require by rule.
(b) Contents of application
Each application for assistance under this subchapter shall—
(1) set forth a project or activity for carrying out one or more of the purposes specified in section 11801 of this title and specifically identify each such purpose such project or activity is designed to carry out,
(2) provide that such project or activity shall be administered by or under the supervision of the applicant,
(3) provide for the proper and efficient administration of such project or activity,
(4) provide for regular evaluation of the operation of such project or activity,
(5) provide that regular reports on such project or activity shall be submitted to the Secretary, and
(6) provide such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter.
(Pub. L. 100–690, title III, § 3502, Nov. 18, 1988, 102 Stat. 4254.)
42 U.S.C. § 11803 (THE PUBLIC HEALTH AND WELFARE)
§ 11803. Approval of applications
In selecting among applications submitted under section 11802(a) of this title, the Secretary shall give priority to applicants who propose to carry out projects and activities—
(1) for the purposes specified in section 11801 of this title in geographical areas in which frequent and severe drug-related crimes are committed by gangs whose membership is composed primarily of youth, and
(2) that the applicant demonstrates have the broad support of community based organizations in such geographical areas.
(Pub. L. 100–690, title III, § 3503, Nov. 18, 1988, 102 Stat. 4255; Pub. L. 101–204, title X, § 1001(a), Dec. 7, 1989, 103 Stat. 1826.)
heading: Amendments
text: 1989—Par. (2). Pub. L. 101–204 substituted “have” for “that it has”.
42 U.S.C. § 11804 (THE PUBLIC HEALTH AND WELFARE)
§ 11804. Coordination with juvenile justice programs
The Secretary shall coordinate the program established by section 11801 of this title with the programs and activities carried out under the Juvenile Justice and Delinquency Prevention Act of 1974 [42 U.S.C. 5601 et seq.] and with the programs and activities of the Attorney General, to ensure that all such programs and activities are complementary and not duplicative.
(Pub. L. 100–690, title III, § 3504, Nov. 18, 1988, 102 Stat. 4255.)
heading: References in Text
text: The Juvenile Justice and Delinquency Prevention Act of 1974, referred to in text, is Pub. L. 93–415, Sept. 7, 1974, 88 Stat. 1109, as amended, which is classified principally to chapter 72 (§ 5601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of this title and Tables.
42 U.S.C. § 11805 (THE PUBLIC HEALTH AND WELFARE)
§ 11805. Authorization of appropriations
To carry out this subchapter, there are authorized to be appropriated $16,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993 and 1994.
(Pub. L. 100–690, title III, § 3505, Nov. 18, 1988, 102 Stat. 4255; Pub. L. 102–132, § 1(b), Oct. 18, 1991, 105 Stat. 630.)
heading: Amendments
text: 1991—Pub. L. 102–132 substituted “$16,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993 and 1994” for “$15,000,000 for the fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 and 1991”.
heading: Effective Date of 1991 Amendment
text: Amendment by Pub. L. 102–132 effective Oct. 1, 1991, see section 3 of Pub. L. 102–132, set out as a note under section 11801 of this title.
42 U.S.C. § 11806 (THE PUBLIC HEALTH AND WELFARE)
§ 11806. Annual report
Not later than 180 days after the end of each fiscal year, the Secretary shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report describing—
(1) the types of projects and activities for which grants and contracts were made under this subchapter for such fiscal year,
(2) the number and characteristics of the youth and families served by such projects and activities, and
(3) each of such projects and activities the Secretary considers to be exemplary.
(Pub. L. 100–690, title III, § 3506, as added Pub. L. 102–132, § 1(c), Oct. 18, 1991, 105 Stat. 630.)
heading: Effective Date
text: Section effective Oct. 1, 1991, see section 3 of Pub. L. 102–132, set out as an Effective Date of 1991 Amendment note under section 11801 of this title.
42 U.S.C. § 11821 (THE PUBLIC HEALTH AND WELFARE)
§ 11821. Establishment of program
(a) Program aims
The Secretary shall make grants to public and private nonprofit agencies, organizations, and institutions to carry out research, demonstration, and services projects designed—
(1) to provide individual, family, and group counseling to runaway youth and their families and to homeless youth for the purpose of preventing or reducing the illicit use of drugs by such youth,
(2) to develop and support peer counseling programs for runaway and homeless youth related to the illicit use of drugs,
(3) to develop and support community education activities related to illicit use of drugs by runaway and homeless youth, including outreach to youth individually,
(4) to provide to runaway and homeless youth in rural areas assistance (including the development of community support groups) related to the illicit use of drugs,
(5) to provide to individuals involved in providing services to runaway and homeless youth, information and training regarding issues related to the illicit use of drugs by runaway and homeless youth,
(6) to support research on the illicit drug use by runaway and homeless youth, and the effects on such youth of drug abuse by family members, and any correlation between such use and attempts at suicide, and
(7) to improve the availability and coordination of local services related to drug abuse, for runaway and homeless youth.
(b) Priority
In selecting among applicants for grants under subsection (a) of this section, the Secretary shall give priority to agencies and organizations that have experience in providing services to runaway and homeless youth.
(c) Limitation
Grants under this section may be made for a period not to exceed 3 years.
(Pub. L. 100–690, title III, § 3511, Nov. 18, 1988, 102 Stat. 4255.)
42 U.S.C. § 11822 (THE PUBLIC HEALTH AND WELFARE)
§ 11822. Annual report
Not later than 180 days after the end of a fiscal year for which funds are appropriated to carry out this subchapter, the Secretary shall submit to the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate a report that contains—
(1) a description of the types of projects and activities for which grants were made under this subchapter for such fiscal year,
(2) a description of the number and characteristics of the youth and families served by such projects and activities, and
(3) a description of exemplary projects and activities for which grants were made under this subchapter for such fiscal year.
(Pub. L. 100–690, title III, § 3512, Nov. 18, 1988, 102 Stat. 4256.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed as the 12th item on page 92), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
42 U.S.C. § 11823 (THE PUBLIC HEALTH AND WELFARE)
§ 11823. Authorization of appropriations
To carry out this subchapter, there are authorized to be appropriated $16,000,000 for fiscal year 1992 and such sums as may be necessary for fiscal years 1993 and 1994.
(Pub. L. 100–690, title III, § 3513, Nov. 18, 1988, 102 Stat. 4256; Pub. L. 102–132, § 2, Oct. 18, 1991, 105 Stat. 630.)
heading: Amendments
text: 1991—Pub. L. 102–132 amended section generally. Prior to amendment, section read as follows:
“(a) Authorization.—Subject to subsection (b) of this section, to carry out this subchapter, there are authorized to be appropriated $15,000,000 for fiscal year 1989 and such sums as may be necessary for each of the fiscal years 1990 and 1991.
“(b) Limitation.—No funds are authorized to be appropriated for a fiscal year to carry out this subchapter unless the aggregate amount appropriated to carry out title III of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5701–5751) for such fiscal year is not less than the aggregate amount appropriated to carry out such title for the preceding fiscal year.”
heading: Effective Date of 1991 Amendment
text: Amendment by Pub. L. 102–132 effective Oct. 1, 1991, see section 3 of Pub. L. 102–132, set out as a note under section 11801 of this title.
42 U.S.C. § 11824 (THE PUBLIC HEALTH AND WELFARE)
§ 11824. Applications
(a) Submission of application
Any State, unit of local government (or combination of units of local government), agency, organization, institution, or individual desiring to receive a grant, or enter into a contract, under this subchapter shall submit an application at such time, in such manner, and containing or accompanied by such information as may be prescribed by the Federal officer who is authorized to make such grant or enter into such contract (hereinafter in this subchapter referred to as the “appropriate Federal officer”).
(b) Contents of application
In accordance with guidelines established by the appropriate Federal officer, each application for assistance under this subchapter shall—
(1) set forth a project or activity for carrying out one or more of the purposes for which such grant or contract is authorized to be made and expressly identify each such purpose such project or activity is designed to carry out,
(2) provide that such project or activity shall be administered by or under the supervision of the applicant,
(3) provide for the proper and efficient administration of such project or activity,
(4) provide for regular evaluation of such project or activity,
(5) provide that regular reports on such project or activity shall be sent to the appropriate Federal officer, and
(6) provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this subchapter.
(Pub. L. 100–690, title III, § 3514, Nov. 18, 1988, 102 Stat. 4256.)
42 U.S.C. § 11842 (THE PUBLIC HEALTH AND WELFARE)
§ 11842. Evaluation of drug abuse education and prevention efforts
(a) Method
The Secretary of Health and Human Services shall develop and conduct a structured evaluation of the different approaches utilized across the Nation to reduce drug abuse.
(b) Grants
The Secretary of Health and Human Services may make grants to or enter into contracts with appropriate entities for the purpose of conducting the evaluations required by subsection (a) of this section.
(c) Time of reports
The Secretary shall submit a report based on the evaluations prepared under subsection (a) of this section not later than 1 year after November 18, 1988, and another report based on such evaluations not later than 3 years after November 18, 1988. A third report based on such evaluations shall be submitted by the Secretary not later than January 1, 1994.
(d) Authorization of appropriations
To carry out this section, there are authorized to be appropriated $12,000,000 in fiscal year 1989, and $15,000,000 for each of the fiscal years 1990 through 1993.
(Pub. L. 100–690, title III, § 3522, Nov. 18, 1988, 102 Stat. 4260; Pub. L. 101–93, § 4(2), Aug. 16, 1989, 103 Stat. 611; Pub. L. 101–204, title X, § 1001(c)(1), Dec. 7, 1989, 103 Stat. 1826.)
heading: Amendments
text: 1989—Subsec. (a). Pub. L. 101–93 and Pub. L. 101–204, § 1001(c)(1)(A)(ii), made identical amendments, striking out “(as defined in section 11851(6) of this title)” after “drug abuse”.
Pub. L. 101–204, § 1001(c)(1)(A)(i), struck out “, acting through the Administrator,” before “shall develop”.
Subsec. (b). Pub. L. 101–204, § 1001(c)(1)(B), substituted “Secretary of Health and Human Services” for “Administrator”.
42 U.S.C. § 11903a (THE PUBLIC HEALTH AND WELFARE)
§ 11903a. Repealed. Pub. L. 105–276, title V, § 582(a)(13), Oct. 21, 1998, 112 Stat. 2644
text: Section, Pub. L. 101–625, title V, § 520, Nov. 28, 1990, 104 Stat. 4202; Pub. L. 102–389, title II, Oct. 6, 1992, 106 Stat. 1587; Pub. L. 102–550, title I, § 126(b), Oct. 28, 1992, 106 Stat. 3710; Pub. L. 103–227, title X, §§ 1052, 1053, Mar. 31, 1994, 108 Stat. 274, 280; Pub. L. 104–330, title V, § 501(d)(2), Oct. 26, 1996, 110 Stat. 4043, authorized grants for public and assisted housing youth sports programs.
heading: Effective Date of Repeal
text: Repeal effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement repeal before such date, and with savings provision, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.
42 U.S.C. § 11906 (THE PUBLIC HEALTH AND WELFARE)
§ 11906. Reports
(a) Grantee reports
The Secretary shall require grantees under this subchapter to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in section 11904(a) of this title, and any change in the incidence of drug-related crime in projects assisted under this subchapter.
(b) HUD reports
The Secretary shall submit a report to the Congress not later than 18 months after October 21, 1998, describing the system used to distribute funding to grantees under this section, which shall include descriptions of—
(1) the methodology used to distribute amounts made available under this subchapter among public housing agencies, including provisions used to provide for renewals of ongoing programs funded under this subchapter; and
(2) actions taken by the Secretary to ensure that amounts made available under this subchapter are not used to fund baseline local government services, as described in section 11907(b) of this title.
(c) Notice of funding awards
The Secretary shall cause to be published in the Federal Register notice of all grant awards made pursuant to this subchapter, which shall identify the grantees and the amount of the grants. Such notice shall be published not less frequently than annually.
(Pub. L. 100–690, title V, § 5127, as added Pub. L. 105–276, title V, § 586(g), Oct. 21, 1998, 112 Stat. 2649.)
heading: Prior Provisions
text: A prior section 11906, Pub. L. 100–690, title V, § 5127, Nov. 18, 1988, 102 Stat. 4303; Pub. L. 101–625, title V, § 581(a), Nov. 28, 1990, 104 Stat. 4248, related to implementation of this subchapter, prior to repeal by Pub. L. 105–276, title V, §§ 503, 586(g), Oct. 21, 1998, 112 Stat. 2521, 2649, effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement the repeal before such date, except to extent otherwise provided, and with savings provision.
heading: Effective Date
text: Section effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement section before such date, except to extent otherwise provided, see section 503 of Pub. L. 105–276, set out as an Effective Date of 1998 Amendment note under section 1437 of this title.