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Public Law 91-616
91st Congress, S. 3835
December 31, 1970

An Act

______________84 STAT. 1848  

To provide a comprehensive Federal program for the prevention and treatment of alcohol abuse and alcoholism.

   Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

   SECTION 1. This Act may be cited as the "Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970".

TITLE 1—NATIONAL INSTITUTE ON ALCOHOL ABUSE
AND ALCOHOLISM

ESTABLISHMENT OF THE INSTITUTE

SEC. 101. (a) There is established in the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism (hereafter in this Act referred to as the "Institute") to administer the programs and authorities assigned to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the "Secretary") by this Act and part C of the Community Mental Health Centers Act. The Secretary, acting through the Institute, shall, in carrying out the purposes of section 801 of the Public Health Service Act with respect to alcohol abuse and alcoholism, develop and conduct comprehensive health, education, training, research, and planning programs for the Prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.

(b) The Institute shall be under the direction of a Director who shall be appointed by the Secretary.

REPORTS BY THE SECRETARY.

SEC. 102. The Secretary shall -

(1) submit an annual report to Congress which shall include a description of the actions taken, services provided, and funds expended under this Act and part C of the Community Mental Health Centers Act, an evaluation of the effectiveness of such actions, services, and expenditures of funds, and such other information as the Secretary considers appropriate;

(2) submit to Congress on or before the expiration of the one-year period beginning on the date of enactment of this Act a report (A) containing current information on the health consequences of using alcoholic beverages, and (B) containing such recommendations for legislation and administrative action as he may deem appropriate;

(3) such additional reports as may be requested by the President of the United States or by Congress ;and

(4) submit to the President of the United States and to Congress such recommendations as will further the prevention, treatment, and control of alcohol abuse and alcoholism.

 


Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970.

 

 

 

 

 

 

82 Stat.1006;
Ante. p. 59
42 USC 2688e.
58 Stat. 691;
79 Stat. 448.
42 USC 241.

 

 

Reports to
President and
Congress.


 
  Pub. Law 91-616                  - 2 -              December 31, 1970
84 STAT. 1849_______________  
 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

Appropriation.

 

 

 

 

"State."

 

 

 

TITLE II-ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION PROGRAMS FOR FEDERAL CIVILIAN EMPLOYEES

ALCOHOL ABUSE AND ALCOHOLISM AMONG FEDERAL CIVILIAN EMPLOYEES

Sec. 201. (a) The Civil Service Commission shall be responsible for developing and maintaining, in cooperation with the Secretary and with other Federal agencies and departments, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among Federal civilian employees, consistent with the purposes of this Act. Such policies and services shall make optimal use of existing governmental facilities services, and skills. 
(b) The Secretary, acting through the Institute, shall be responsible for fostering similar alcohol abuse and alcoholism prevention, treatment, and rehabilitation programs and services in State and local governments and in private industry. 
(c) (1) No person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the ground of prior alcohol abuse or prior alcoholism. (2) This subsection shall not apply to employment (A) in the Central Intelligence Agency, the Federal Bureau of Investigation, the National Security Agency, or any other department or agency of the Federal Government designated for purposes of national security by the President, or (B) in any position in any department or agency of the Federal Government, not referred to in clause (A) which position is determined pursuant to regulations prescribed by the head of such agency or department to be a sensitive position. 
(d) This title shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment.

TITLE III-FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS

Part A-Formula Grants

AUTHORIZATION 

 Sec. 301. There are authorized to be appropriated $40,000,000 for the fiscal year ending June 80,1971, $60,000,000 for the fiscal year ending June 30,1972, $80,000,000 for the fiscal year ending June 80,1978, for grants to States to assist them in planning establishing, maintaining, coordinating, and evaluating projects for the development of more effective prevention, treatment, and rehabilitation programs to "State." deal with alcohol abuse and alcoholism. For purposes of this part, the term "State" includes the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa. and the Trust Territory of the Pacific Islands, in addition to the fifty States.

STATE ALLOTMENT

SEC. 302. (a) For each fiscal year the Secretary shall, in accordance with regulations, allot the sums appropriated for such year pursuant to section 301 among the States on the basis of the relative population, financial need, and need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism; except that no such allotment to any State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) for any fiscal year shall be less than $200,000.


 
December 31, 1970                 - 3 -                  Pub. Law 91-616  
  ______________84 STAT. 3850___
(b) Any amount so allotted to a State (other than the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands) and remaining unobligated at the end of such year shall remain available to such State, or e purposes for which made, for the next fiscal year (and for such year only), and any such amount shall be in addition to the amounts allotted to such State for such purpose for such next fiscal year; except that any such amount, remaining unobligated at the end of the sixth month following the end of such year for which it was allotted, which the Secretary determines will remain unobligated by the close of such next fiscal year, may be reallotted by the Secretary, to be available for the purposes for which made until the close of such next fiscal year, to other States which have need therefore, on such basis as the Secretary deems equitable and consistent with the purposes of this part, and any amount so reallotted to a State shall be in addition to the amounts allotted and available to the States for the same period. Any amount allotted under subsection (a) to the Virgin Islands, American Samoa, Guam, or the Trust Territory of the Pacific Islands for a fiscal year and remaining unobligated at the end of such year shall remain available to it, for the purposes for which made, for the next two fiscal years (and for such years only), and any such amount shall be in addition to the amounts allotted to it for such purpose for each of such next two fiscal years; except that any such amount, remaining unobligated at the end of the first of such next two years, which the secretary determines will remain unobligated at the close of the second of such next two years, may be reallotted by the Secretary, to be available for the purposes for which made until the close of the second of such next two years, to any other of such four States which have need therefore, on such basis as the Secretary deems equitable and consistent with the purposes of this part, and any amount so reallotted to a State shall be in addition to the amounts allotted and available to the State for the same period. (c) At the request of any State, a portion of any allotment or allotments of such State under this part shall be available to pay that portion of the expenditures found necessary by the Secretary for the proper and efficient administration during such year of the State plan approved under this part, except that not more than 10 per centum of the total of the allotments of such State for a year, or $50,000, whichever is the least, shall be available for such purpose for such year.

STATE PLANS

Sec. 303. (a) Any State desiring to participate in this part shall submit a State plan for carrying out its purposes. Such plan must- (1) designate a single State agency as the sole agency for the administration of the plan or designate such agency as the sole agency for supervising the administration of the plan; (2) contain satisfactory evidence that the State agency designated in accordance with paragraph (1) (hereafter in this section referred to as the "State agency ) will have authority to carry out such plan in conformity with this part; (3) provide for the designation of a State advisory council which shall include representatives of nongovernmental organizations or groups, and of public agencies concerned with the prevention and treatment. of alcohol abuse and alcoholism, to consult with the State agency in carrying out the p lan; (4) set forth, in accordance with criteria established by the Secretary, a survey of need for the prevention and treatment of alcohol abuse and alcoholism, including in a survey of the health

 

 
  Pub. Law 91-616                   - 4 -                 December 31, 1970
84 STAT. 1851____________  
 

 

 

 

 

 

 

 

 

State plans,
approval

 

 

 

 

80 Stat.1009;
Anti. p.59
42 USC 2688e
note.

facilities needed to provide services for alcohol abuse and alcoholism and a plan for the development and distribution of such facilities and programs throughout the State;
    (5) provide such methods of administration of the State plan, including methods relating to the establishment and maintenance of personnel standards on a merit basis (except that the Secretary shal1 exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods), as are found by the Secretary to be necessary for the proper and efficient operation of the plan;
   (6) provide that the State agency will make 'such reports, in such form and containing such information, as the Secretary may from time to time reasonably require4 and will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports;
   (7) provide that the Comptroller General of the United States or his duly authorized representatives shall have access for the purpose of audit and examination to the records specified in paragraph (6);
   (8) provide that the State agency will from time to time, but not lees often than annually, review its State plan and submit to the Secretary any modifications thereof which it considers necessary;
   (9) provide assurance that Federal funds made available under this part for any period will be so used as to supplement and increase, to the extent feasible and practical, the. of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this part and will in no event supplant such State, local, and other non-Federal funds; and
   (10) contain such additional information and assurance as the Secretary may find necessary to carry out the provisions and State plans,
(b) The Secretary shall approve any State plan and any modifications thereof which complies with the provisions of subsection (a).

PART B-PROJECT GRANTS AND CONTRACTS

GRANTS AND CONTRACTS FOR THE PREVENTION AND TREATMENT OF ALCOHOL ABUSE AND ALCOHOLISM

SEC. 311. Section 247 of part C of the Community Mental Health p. Centers Act is amended to read as follows:  "GRANTS AND CONTRACTS FOB THE PREVENTION AND TREATMENT OF ALCOHOL ABUSE AND ALCOHOLISM

"Sec. 247. (a) The Secretary, acting through the National Institute on Alcohol Abuse and Alcoholism, may make pants to public and private nonprofit agencies, organizations, and institutions and may enter into contracts with public and private agencies, organizations, and institutions, and individuals-
"(1) to conduct demonstration, service, and evaluation projects,
"(2) to provide education and training
"(3) to provide programs and services in cooperation with schools, courts, penal institutions, and other public agencies, and
"(4) to provide counseling and education activities on an individual or community basis,


 
December 31. 1970                 - 5 -                   Pub. Law 91-616   
  _________________________84 STAT. 1852____
for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics. 
   "(b) Projects for which grants or contracts are made under this section shall, whenever possible, be community based, provide a. comprehensive range of services, and be integrated with, and involve the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals. 
   "(c) (1) In administering the provisions of this section, the Secretary shall require coordination of all applications for programs in a State. 
   "(2) Each applicant from within a State, upon filing its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency designated under section 303 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, if such agency exists. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary in writing, an evaluation of the project set forth in the application. such evaluation shall include comments on the relationship of the project to other projects pending and approved and to the State comprehensive plan or treatment and prevention of alcohol abuse and alcoholism under such section 303. The State shall furnish the applicant a copy of any such evaluation. 
(3) Approval of any application for a grant or contract by the  Secretary, including the earmarking of financial assistance for a program  or project, may be granted only if the application substantially meets a set of criteria established by the Secretary that- 
   "(A) provide that the activities and services for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant;       
   "(B) provide for such methods of administration as are necessary for the proper and efficient operation of such programs or projects; 
   "(C) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant and 
   "(D) provide reasonable assurance that Federal funds made available under this section for any period will be so used as to sup p lenient and increase, to the extent feasible and practical, the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the programs described in this section and will in no event supplant such State, local, and other non-~Federal funds. 

"(d) To carry out the purposes of 'this section, there are authorized to be appropriated $80,000,000 for the fiscal year ending June 30,1971, $40,000,000 for the fiscal year ending June 30, 1972, and $50,000,000 for the fiscal year ending June 80, 1973." Ante, P. 1850. Appropriation. 

PART C-ADMISSION TO HOSPITALS

ADMISSION OF ALCOHOL ABUSERS AND ALCOHOLICS TO PRIVATE AND PUBLIC HOSPITALS

SEC. 321. (a) Alcohol abusers and alcoholics shall be admitted to and treated in private and public general hospitals, which receive Federal funds for alcoholic treatment programs, on the basis of medical need and shall not be discriminated against solely because of their alcoholism. No hospital that violates this section shall receive Federal financial assistance under the provisions of this Act; except that the Secretary shall not terminate any such Federal assistance until the

 

 

 

Applications.


Filing.

 

 

Approval,
criteria.

 

 

 

 

Appropriations

 

 

 

 

Failure to comp1y, termination of Federal assistance.

 

  Pub. Law 91-616                     - 6 -                   December 31, 1970
84 STAT. 1853_____________  

Hearing opportunity. Judicial review. 77 Stat. 298. 42 USC 2694. 

 

80 Stat. 1184; Ante, p. 1241. 42 USC 246.

 

 

 

82 Stat. 1008. 42 USC 2688h.

 

 

Research end treatment populations.

 

 

 

64 Stat. 446. 
42 USC 218.

 

Secretary has advised the appropriate person or persons of the failure to comply with this section, and has provided an opportunity for correction or a hearing. 
(b) Any action taken by the Secretary pursuant to this section shall be subject to such judicial review as is provided by section 404 of the Community Mental Health Centers Act.

PART D- GENERAL 

COMPREHENSIVE STATE HEALTH PLANS

SEC. :131. Section 314(d) (2) of the Public Health Service Act is amended- 
   (1) by striking out "and" at the end of sub paragraph (J); 
   (2) by striking out the period at the end of subparagraph (K) and inserting in lieu thereof"; and"; and 
   (3) by adding after subparagraph (K) the following new subparagraph: 
   "(L) provide for services for the prevention and treatment of alcohol abuse and alcoholism, commensurate with the extent of the problem.

SPECIALIZED FACILITIES

SEC. 332. Section 243(a) of the Community Mental Health Centers Act is amended (1) by inserting "or leasing" after "construction", and (2) by inserting "facilities for emergency medical services, intermediate care services, or outpatient services, and" immediately before "post-hospitalization treatment facilities".

CONFIDENTIALITY OF RECORDS

SEC. 333. The Secretary may authorize persons engaged in research on, or treatment with respect to, alcohol a use and alcoholism to protect the privacy of individuals who are the subject of such research or treatment b withholding from all persons not connected with the conduct of such research or treatment the names or other identifying characteristics of such individuals. Persons so authorized to protect the privacy of such individuals may not be compelled in any Federal, State, or local civil, criminal, administrative, legislative, or other proceeding to identify such individuals.

TITLE IV-THE NATIONAL ADVISORY COUNCIL ON ALCOHOL ABUSE AND ALCOHOLISM

ESTABLISHMENT OF COUNCIL

SEC. 401. (a) Section 217(a) of the Public Health Service Act is amended-
    (1) in the first sentence thereof, by inserting "the National Advisory Council on Alcohol Abuse and Alcoholism," immediately after "the National Advisory Mental Health Council,"   
   (2) in the second sentence thereof, by (A) inserting "the National Advisory Council on Alcoholic A use and Alcoholism," immediately after "the National Advisory Mental Health Council;', and (B) inserting "alcohol abuse and alcoholism," immediately after "psychiatric disorders,"; and
  (3) in the fourth sentence, (A) by inserting "(other than the members of the National Advisory Council on Alcohol Abuse and Alcoholism)" after "the terms of the members"; (B) by striking

 

December 31. 1970                - 7 -                  Pub. Law 91-616  
  _________________________84 STAT. 1854____
out "and'~ before "(2)"; and (C) by striking out the period at the end and inserting a semicolon and' and (3) the terms of the members of the National Council on Alcohol Abuse and Alcoholism first taking office after the date of enactment of this clause, shall expire as follows: Three shall expire four years after such date, three shill expire three years after such date, three shall expire two years after such date and three shall expire one year a er such date, as designated by the Secretary at the time of appointment."
    (b) Section 217(b) of such Act is amended, in the second sentence thereof, by inserting "alcohol abuse and alcoholism," immediately after "mental health,".
    (c) Section 217 of such Act is further amended by adding at the end thereof the following new subsection:
    "(d) The National Advisory Council on Alcohol Abuse and Alcoholism shall advise, consult with, and make recommendations to, the Secretary on matters relating to the activities and functions of the Secretary in the field of alcohol abuse and alcoholism. The Council is authorized (1) to review research projects or programs submitted to or initiated by it in the field of alcohol abuse and alcoholism and recommend to the Secretary any such projects which it believes show promise of making valuable contributions to human knowledge with respect to the cause, prevention, or methods of diagnosis and treatment of alcohol abuse and alcoholism, and (2) to collect information as to studies being carried on in the field of alcohol abuse and alcoholism and, with the approval of the Secretary, make available such information through appropriate publications for the benefit of health and welfare agencies or organizations (public or private) or physicians or any other scientists, and for the information of the general public. The Council is also authorized to recommend to the Secretary, for acceptance pursuant to section 501 of this Act, conditional gifts for work in the field of alcohol abuse and alcoholism; and the Secretary shall recommend acceptance of any such gifts only after consultation with the Council."

APPROVAL BY COUNCIL OF CERTAIN GRANTS UNDER PART C OF COMMUNITY MENTAL HEALTH CENTERS ACT

SEC. 402. Section 266 of the Community Mental Health Centers Act is amended (1) by inserting "(other than part C thereof)" immediately after "this title", and (2) by adding immediately after the period the following: "Grants under part C of this title for such costs may be made only upon recommendation of the National Advisory Council on Alcohol Abuse and Alcoholism established by such section."

TITLE V-GENERAL

   SEC. 501. If any section, provision, or term of this Act is adjudged invalid for any reason, such judgment shall not affect, impair, or invalidate any other section, provision, or term of this Act, and the remaining sections, provisions, and terms shall be and remain in full force and effect.
   SEC. 502. (a) Each recipient of assistance under this Act pursuant to grants or contracts entered into under other than competitive bidding procedures shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and- disposition by such recipient of the proceeds of such grant or contract. the total cost of the project or undertaking in connection with which

 

 

 

64 Stat. 446.
42 USC 218.

 

 

 

 

 

58 Stat. 709.
42 USC 219.

 

Ante. p. 62.

 

 

Separability.

 

 

Recordkeeping.

 

  Pub. Law 91-616                    - 8 -                     December 31, 1970
84 STAT. 1855________________  
 

 

Records 80 accessibility.

Payments.

 

such grant or contract is given or used and the amount of that portion of the cost of the project or undertaking sup p lied by other sources, and such other records as will facilitate an effective audit. 
    (b) The Secretary and Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of such recipients that are pertinent to the grants or contracts entered into under the provisions of this Act under other than competitive bidding procedures. 
    SEC. 508. Payments under this Act may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. Approved December 31, 1970.

Approved December 31, 1970

 

______________________________________________________________________

LEGISLATIVE HISTORY:

HOUSE REPORT  No. 91-1663 accompanying H. R. 18874 Comm. on Interstate and        Foreign Commerce).

SENATE REPORT No. 91-1069 (Comm. on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 116 (1970): Aug. 10, considered end passed Senate. Dec. 18, considered end passed House, amended, in lieu of H. R. 18874. Dec. 19, Senate agreed to House amendment.

 

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