Public Law 119-73 (01/23/2026)

42 U.S.C. § 290dd

Substance abuse among government and other employees

(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

29 U.S.C. 701The 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 [ 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.

July 1, 1944, ch. 373Pub. L. 91–616, title III, § 30184 Stat. 1849Pub. L. 92–55486 Stat. 1167Pub. L. 93–282, title I, § 105(a)88 Stat. 127Pub. L. 94–371, § 3(a)90 Stat. 1035Pub. L. 96–180, § 793 Stat. 1303Pub. L. 97–35, title IX, § 962(a)95 Stat. 592Pub. L. 98–24, § 2(b)(13)97 Stat. 181Pub. L. 98–509, title III, § 301(c)(2)98 Stat. 2364Pub. L. 100–77, title VI, § 611(2)101 Stat. 516Pub. L. 100–607, title VIII, § 813(2)102 Stat. 3170Pub. L. 100–628, title VI, § 613(2)102 Stat. 3243Pub. L. 101–93, § 5(t)(1)103 Stat. 615Pub. L. 102–321, title I, § 131106 Stat. 366Pub. L. 114–255, div. B, title VI, § 6001(c)(1)130 Stat. 1203(, title V, § 541, formerly , , , as amended , , ; , , ; , , ; , , ; , , ; renumbered § 520 of act , and amended , , ; , , ; renumbered § 541, , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 93–11287 Stat. 355section 701 of Title 29The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is , , , which is classified principally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 4571 of this titlePub. L. 98–24Section was formerly classified to prior to renumbering by .

Amendments

Pub. L. 114–2552016—Subsec. (a). substituted “Assistant Secretary for Mental Health and Substance Use” for “Administrator of the Substance Abuse and Mental Health Services Administration” wherever appearing.

Pub. L. 102–3211992— amended section generally, substituting provisions relating to substance abuse among government and other employees for provisions relating to technical assistance to States relative to alcohol abuse and alcoholism programs.

Pub. L. 101–93Pub. L. 100–607Pub. L. 100–628Pub. L. 100–6281989—Subsec. (a)(4). directed that subsec. (a)(4) of this section as similarly amended by title VIII of and title VI of be amended to read as if the amendments made by title VI of had not been enacted. See 1988 Amendment note below.

Pub. L. 100–607Pub. L. 100–628section 290dd–2 of this title1988—Subsec. (a)(4). and made identical technical amendments to reference to to reflect renumbering of corresponding section of original act.

Pub. L. 98–509Pub. L. 98–24, § 2(b)(13)1984— amended directory language of . See 1983 Amendment note below.

Pub. L. 98–24, § 2(b)(13)Pub. L. 98–509section 4571 of this title1983—, as amended by , renumbered as this section.

Pub. L. 98–24, § 2(b)(13)(A)(i)Subsec. (a). , substituted “the National Institute on Alcohol Abuse and Alcoholism” for “the Institute”.

Pub. L. 98–24, § 2(b)(13)(A)(ii)section 290dd–2 of this titlesection 4581 of this titleSubsec. (a)(4). , substituted “” for “”.

Pub. L. 98–24, § 2(b)(13)(A)(iii)21 U.S.C. 1101Subsec. (b). , substituted “this subchapter” for references to “this chapter”, meaning chapter 60 (§ 4541 et seq.) of this title, and the Drug Abuse Prevention, Treatment, and Rehabilitation Act [ et seq.].

Pub. L. 97–351981— restructured provisions and substituted provisions relating to technical assistance for enumerated activities, and improvement of coordination with Drug Abuse Prevention, Treatment, and Rehabilitation Act, for provisions authorizing appropriations through fiscal year ending , for covered activities.

Pub. L. 96–1801980— authorized appropriation of $60,000,000 and $65,000,000 for fiscal years ending , and 1981.

Pub. L. 94–3711976— struck out “and” after “1975” and inserted provisions authorizing $70,000,000 to be appropriated for fiscal year ending , $77,000,000 to be appropriated for fiscal year ending , and $85,000,000 to be appropriated for fiscal year ending .

Pub. L. 93–2821974— authorized appropriation of $80,000,000 for fiscal years ending and .

Pub. L. 92–5541972— substituted “for each of the next two fiscal years” for “for the fiscal year ending ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–321Pub. L. 102–321section 236 of this titleAmendment by effective , with provision for programs providing financial assistance, see section 801(c), (d) of , set out as a note under .

Effective Date of 1988 Amendments

Pub. L. 100–628section 631 of Pub. L. 100–628section 254e of this titleAmendment by effective , see , set out as a note under .

Pub. L. 100–607section 831 of Pub. L. 100–607section 254e of this titleAmendment by effective , see , set out as a note under .