Title 42 — The Public Health and WelfareRelease 119-73not60
§290dd Substance Abuse Among Government and Other Employees
Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter III–A— SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION › Part D— Miscellaneous Provisions Relating to Substance Abuse and Mental Health › § 290dd
Summary
The Secretary must promote substance abuse prevention and treatment in state and local governments and in private businesses through the Assistant Secretary for Mental Health and Substance Use. The Secretary must create cost‑effective model programs others can copy, share information and materials with state agencies that run substance‑abuse services, and give technical help when possible. People cannot be denied federal jobs or federal licenses or rights only because they had substance abuse in the past. That rule does not cover jobs in the CIA, FBI, NSA, any agency the President names for national security, or any position an agency head calls sensitive. That exception does not mean the Rehabilitation Act or other anti‑discrimination laws do not still apply. A federal employee who cannot do their job may still be dismissed.
Full Legal Text
Title 42, §290dd
The Public Health and Welfare — Source: USLM XML via OLRC
(a)(1)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)(A)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)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)(1)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)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)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)This section shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Rehabilitation Act of 1973, referred to in subsec. (b)(3), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, 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 section 701 of Title 29 and Tables. Codification Section was formerly classified to section 4571 of this title prior to renumbering by Pub. L. 98–24.
Amendments
2016—Subsec. (a). Pub. L. 114–255 substituted “Assistant Secretary for Mental Health and Substance Use” for “Administrator of the Substance Abuse and Mental Health Services Administration” wherever appearing. 1992—Pub. L. 102–321 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. 1989—Subsec. (a)(4). Pub. L. 101–93 directed that subsec. (a)(4) of this section as similarly amended by title VIII of Pub. L. 100–607 and title VI of Pub. L. 100–628 be amended to read as if the
Amendments
made by title VI of Pub. L. 100–628 had not been enacted. See 1988 Amendment note below. 1988—Subsec. (a)(4). Pub. L. 100–607 and Pub. L. 100–628 made identical technical
Amendments
to reference to section 290dd–2 of this title to reflect renumbering of corresponding section of original act. 1984—Pub. L. 98–509 amended directory language of Pub. L. 98–24, § 2(b)(13). See 1983 Amendment note below. 1983—Pub. L. 98–24, § 2(b)(13), as amended by Pub. L. 98–509, renumbered section 4571 of this title as this section. Subsec. (a). Pub. L. 98–24, § 2(b)(13)(A)(i), substituted “the National Institute on Alcohol Abuse and Alcoholism” for “the Institute”. Subsec. (a)(4). Pub. L. 98–24, § 2(b)(13)(A)(ii), substituted “section 290dd–2 of this title” for “section 4581 of this title”. Subsec. (b). Pub. L. 98–24, § 2(b)(13)(A)(iii), 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 [21 U.S.C. 1101 et seq.]. 1981—Pub. L. 97–35 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 Sept. 30, 1981, for covered activities. 1980—Pub. L. 96–180 authorized appropriation of $60,000,000 and $65,000,000 for fiscal years ending Sept. 30, 1980, and 1981. 1976—Pub. L. 94–371 struck out “and” after “1975” and inserted provisions authorizing $70,000,000 to be appropriated for fiscal year ending Sept. 30, 1977, $77,000,000 to be appropriated for fiscal year ending Sept. 30, 1978, and $85,000,000 to be appropriated for fiscal year ending Sept. 30, 1979. 1974—Pub. L. 93–282 authorized appropriation of $80,000,000 for fiscal years ending
June 30, 1975 and
June 30, 1976. 1972—Pub. L. 92–554 substituted “for each of the next two fiscal years” for “for the fiscal year ending
June 30, 1973”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.
Effective Date
of 1988
Amendments
Amendment by Pub. L. 100–628 effective Nov. 7, 1988, see section 631 of Pub. L. 100–628, set out as a note under section 254e of this title. Amendment by Pub. L. 100–607 effective Nov. 4, 1988, see section 831 of Pub. L. 100–607, set out as a note under section 254e of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 290dd
Title 42 — The Public Health and Welfare
Last Updated
Apr 5, 2026
Release point: 119-73not60