90 STAT. 2 4 6
PUBLIC LAW 94^237—MAR. 19, 1976
July 1, 1976, through September 30, 1976, and $45,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978". SEC. 8. (a) Section 409(c)(1) of the Act is amended by— 21 USC 1176. (1) inserting " (A) " immediately after " (c)(1) "; (2) a d d i n g before the period at the end of subparagraph (A) the following: ", except that in the case of a State (other than the V i r g i n Islands, Guam, American Samoa, and the T r u s t Territories of the Pacific Islands) which can demonstrate a need (determined in accordance with the methodology established under subparagraph (B) ( i i i)) for an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction"; and (3) inserting at the end thereof the following new subparagraph: Notice of " (B)(i) Not later than June 15 of each year, the Secretary, after proposed consultation with the Director of the National Institute on D r u g rulemaking. Abuse, shall publish a notice of proposed rulemaking setting forth a formula to be used in making allotments pursuant to subparagraph (A) of this paragraph. Such notice of published rulemaking shall be in accordance with section 553 of title 5, United States Code, except that a sixty-day period shall be allowed for public comment. " ( i i) Not later than the first day of each fiscal year, the Secretary Final regulations, shall publish final regulations setting forth the allotment formula to publication. be used pursuant to subparagraph (A) of this paragraph in making allotments during such fiscal year. " ( i i i) I n determining, for the purposes of paragraph (1), the extent of need for more effective condiict of d r u g abuse prevention functions, the Secretary shall (within one hundred and eighty days after the date of enactment of this paragraph) by regulation establish a methodology to assess and determine the incidence and prevalence of d r u g abuse to be applied in determining such need.". (b) The amendments made by subsection (a) of this section shall Effective date. be effective with respect to fiscal years beginning on and after 21 USC 1176 October 1, 1976. note. SEC. 9. (a)(1) Section 409(e) of the Act (21 U.S.C. 1176(e)) is amended— (A) by inserting in the first sentence thereof ", not later than July 15 of each calendar year," immediately after "Secretary"; (B) by inserting in the second sentence thereof "shall pertain to the twelve-month period commencing October 1 of the calendar year in which it is required to be submitted, and " immediately after " E a c h State p l a n "; (C) by inserting "in accordance with such needs" immediately before the semicolon a t the end of paragraph (5) thereof; (D) by striking " and " at the end of paragraph (11) thereof; (E) by redesignating paragraph (12) thereof as paragraph (13); and (F) by inserting immediately after paragraph (11) thereof the following new paragraph: "(12) provide reasonable assurances that treatment or rehabilitation projects or programs supported by funds made available under this section have provided to the State agency a proposed performance standard or standard s to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation programs or projects; and". (2) The amendments made by paragraph (1) shall take effect Effective date. 21 USC 1176 January 1, 1976. note.
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