Page:United States Statutes at Large Volume 106 Part 1.djvu/399

 PUBLIC LAW 102-321—JULY 10, 1992 106 STAT. 367 " PART D—MISCELLANEOUS PROVISIONS RELATING TO SUBSTANCE ABUSE AND MENTAL HEALTH ''SEC. 641. SUBSTANCE ABUSE AMONG GOVERNMENT 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 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 Administrator of the Substance Abuse and Mental Health Services Administration, shall develop a variety of model programs suitable for replication on a cost-effective basis in different tj^es of business concerns and State and local governmental entities. "(B) DISSEMINATION OF INFORMATION.— The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, 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 employ- ment 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 or other antidiscrimination 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. Intergovernmental relations. Business and industry. 42 USC 290dd.

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