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PUBLIC LAW 92-245-MAR. 10, 1972

ance of such funds, and the interest thereon, shall be combined and distributed with any other tribal funds that may hereafter become available for per capita distribution. SEC. "2. None of the funds distributed per capita under the provisions of this Act shall be subject to Federal or State income tax. Any per capita share payable to a person under twenty-one years of age or to a person under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines will adequately protect the best interest of such persons. Approved March 9, 1972.

57

"^^^ exemption.

Public Law 92-245 AN ACT

To authorize United States contributions to the Special Funds of the Asian Development Bank.

March 10, 1972

'•—

2

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Asian jn^^'I'^^k^^^^"^' Development Bank Act (22 U.S.C. 285-285h) is amended by adding "'specil'i Funds, at the end thereof the following new sections: u.s. contribu"SEC. 12. (a) Subject to the provisions of this Act, the United States ''goStat. 7i. Governor of the Bank is authorized to enter into an agreement with the Bank providing for a United States contribution of $100,000,000 to the Bank in two annual installments of $60,000,000 and $40,000,000, beginning in fiscal year 1972. This contribution is referred to herein- sp"^i^"Re^'^*^^ after in this Act as the 'United States Special Resources'. sources." " (b) The United States Special Resources shall be made available to the Bank pursuant to the provisions of this Act and article 19 of the Articles of Agreement of the Bank, and in a manner consistent ^^ UST u i s. with the Bank's Special Funds Rules and Regulations. "SEC. 13. (a) The United States Special Resources shall be used to finance specific high priority development projects and programs in developing member countries of the Bank with emphasis on such projects and programs in the Southeast Asia region. " (b) The United States Special Resources shall be used by the Bank only for— "(1) making development loans on terms-which may be more flexible and bear less heavily on the balance of payments than those established by the Bank for its ordinary operations; and "(2) providing technical assistance credit^, on a reimbursable basis. "(c)(1) The United States Special Resources may be expended by ^^^^^^'XeT'^^ the Bank only for procurement in the United States of goods produced in, or services supplied from, the United States, except that the United States Governor, in consultation with the National Advisory Council on International Monetary and Financial Tolicies, may allow Icl) eligibility for procurement in other member countries from the United States Special Resources if he determines that such procurement eligibility would materially improve the ability of the Bank to carry out the objectives of its special funds resources and would be compatible with the international financial position of the United States. "(2) The United States Special Resources may be used to pay for e xAdministrative penses. administrative expenses arising from the use of the United States Special Resources, but only to the extent such expenses are not covered from the Bank's service fee or income from use of United States Special Resources.

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58

L e t t e r of credit.

Withdrawal right.

Appropriation.

Expropriation of U.S. property, loan restriction.

17 UST 1270.

Illegal drug traffic, loan restriction.

[86 STAT.

" (d) All financing of programs and projects by the Bank from the United States Special Resources shall be repayable to the Bank by the borrowers in United States dollars. "SEC. 14. (a) The letters of credit provided for in section 15 shall be issued to the Bank only to the extent that at the time of issuance the cumulative amount of the United States Special Resources provided to the Bank (A) constitute a minority of all special funds contributions to the Bank, and (B) are no greater than the largest cumulative contribution of any other single country contributing to the special funds of the Bank. "(b) The United States Governor of the Bank shall give due. regard to the principles of (A) utilizing all special funds resources on an equitable basis, and (B) significantly shared participation by other contributors in each special fund to which United States Special Resources are provided. "SEC. 15. The United States Special Resources will be provided to the Bank in the form of a nonnegotiable, noninterest-bearing, letter of credit which shall be payable to the Bank at par value on demand to meet the cost of eligible goods and services, and administrative costs authorized pursuant to section 18(c) of this Act. "SEC. 16. The United States shall have the right to withdraw all or part of the United States Special Resources and any accrued resources derived therefrom under the procedures provided for in section 8.03 of the Special Funds Rules and Regulations of the Bank. "SEC. 17. For the purpose of providing United States Special Resources to the Bank there is hereby authorized to be appropriated $60,000,000 for fiscal year 1972 and $40,000,000 for fiscal year 1973, all of which shall remain available until expended. "SEC. 18. The President shall instruct the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country which has— "(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; "(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or "(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned; unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law." SEC. 2. The Asian Development Bank Act is amended by adding at the end thereof the following new section: "SEC. 19. The Secretary of the Treasury shall instruct the United States Executive Director of the Asian Development Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the

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PUBLIC LAW 92-246-MAR. 10, 1972

government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) produced f[ ^^^ g^^^^or processed, in whole or in part, in such country, or transported jnote. through such country, from being sold illegally within thiB jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic dru2:s and other controlled substances."' Approved March 10, 1972. Public Law 92-246 AN ACT To authorize payment and appropriation of the second and third installments of the United States contributions to the Fund for Special Operations of the Inter-American Development Bank.

Be it enacted by the Senate and House of Rejjrese^itatives of the United States of America in Congress assmnbled, That the InterAmerican Development Bank Act (22 U.S.C. 283 et seq.) is amended by adding at the end thereof the following new sections: "SEC. 19. (a) The United States Governor of the Bank is authorized to pay to the Fund for Special Operations two annual installments of $450,000,000 each in accordance with and subject to the terms and conditions of the resolution adopted by the Board of Governors on December 31, 1970, concerning an increase in the resources of the Fund for Special Operations and contributions thereto. "(b) There are hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of the two annual installments of $450,000,000 each for the United States share of the increase in the resources of the Fund for Special Operations of the Bank. "SEC. 20. The United States Governor of the Bank is authorized to agree to amendments to the provisions of the articles of agreement as provided in proposed Board of Governors resolutions entitled (a) 'Amendment of the Provisions of the Agreement Establishing the Bank with Respect to Membership and to Related Matters' and (b) 'Amendment of the Provisions of the Agreement Establishing the Bank with Respect to the Election of Executive Directors'. "SEC. 21. The President shall instruct the United States Executive Director of the Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country which has— "(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; "(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which IS beneficially owned by United States citizens; or "(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned;

March 10, 1972 [S. 748]

Inter-American Development Bank. Fund for Special Operations, U.S. contribution. 73 Stat. 299; 84 Stat. 1658.

Appropriation.

Expropriation of U.S. property, loan restriction.

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PUBLIC LAW 92-247-MAR. 10, 1972

17 UST 1270.

Illegal drug traffic, loan restriction.

84 Stat. 1236. 21 USC 801 note.

[86 STAT.

unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international law." SEC. 2. The Inter-American Development Bank Act is amended by adding at the end thereof the following new section: "SEC. 22. The Secretary of the Treasury shall instruct the United States Executive Director of the Bank to vote against any loan or other utilization of the funds of the Bank for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances." Approved March 10, 1972. Public Law 92-247

March 10, 1972 [S.2010]

International Development Association. U.S. participation. 74 Stat. 293; 83 Stat. 10. 22 USC 284 note. Appropriation.

Expropriation of U.S. property, loan restriction.

AN ACT To provide for increased participation by the United States in the International Development Association.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That the International Development Association Act is amended by adding at the end thereof the following new sections: "SEC. 11. The United States Governor is hereby authorized to agree on behalf of the United States to contribute to the Association three annual installments of $320,000,000 each as recommended in the 'Report of the Executive Directors to the Board of Governors on Additions to I D A Resources: Third Replenishment,' dated July 21, 1970. There is hereby authorized to be appropriated, without fiscal year limitation, the amounts necessary for payment by the Secretary of the Treasury of three annual installments of $320,000,000 each for the United States share of the increase in the resources of the Association. "SEC. 12. The President shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan or other utilization of the funds of the Bank and the Association for the benefit of any country which has— "(1) nationalized or expropriated or seized ownership or control of property owned by any United States citizen or by any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; "(2) taken steps to repudiate or nullify existing contracts or agreements with any United States citizen or any corporation, partnership, or association not less than 50 per centum of which is beneficially owned by United States citizens; or

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61

"(3) imposed or enforced discriminatory taxes or other exactions, or restrictive maintenance or operational conditions, or has taken other actions, which have the effect of nationalizing, expropriating, or otherwise seizing ownership or control of property so owned; unless the President determines that (A) an arrangement for prompt, adequate, and effective compensation has been made, (B) the parties have submitted the dispute to arbitration under the rules of the Convention for the Settlement of Investment Disputes, or (C) good faith ^' ^^"^ ^270. negotiations are in progress aimed at providing prompt, adequate, and effective compensation under the applicable principles of international Jaw." . SEC. 2. The International Development Association Act is amended by adding at the end thereof the following new section: "SEC. 13. The Secretary of the Treasury shall instruct the United ^^l\\l^^\f^^^ States Executive Directors of the International Bank for Keconstruc- restriction." tion and Development and the International Development Association to vote against any loan or other utilization of the funds of the Bank and the Association for the benefit of any country with respect to which the President has made a determination, and so notified the Secretary of the Treasury, that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) produced or processed, in whole or in part, in ^J ^*^*- ^ " 6. such country, or transported through such country, from being sold note.^ ^ ^ illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such instruction shall continue in effect until the .. r. President determines, and so notifies the Secretary of the Treasury, that the government of such country has taken adequate steps to prevent such sale or entry of narcotic drugs and other controlled substances."' . rs?- n^.r Approved March 10, 1972. •iv.-,: Public Law 92-248 JOINT RESOLUTION March 10, 1972 To authorize the President to designate the period beginning March 26, 1972, as [S- J- Res. 189] "National Week of Concern for Prisoners of War/Missing in Action" and to designate Sunday, March 26, 1972, as a national day of prayer for these Americans. Rexoh'td by the Senate ami llouxe of Rei>)'eHeHt(itirea of the raited t^t<fte:^ of America in Coii,gre.s.s aanembled^ That to demonstrate the National week support and concern of the people of the Ignited States, for the more Prisonerr^of°War/ than one thousand five hundred Americans listed as prisoners of war Missing in Action. or missing in action in Southeast Asia, and to forcefully protest the authoH^z'Luon" inhumane treatment these men are receiving at the hands of the North Vietnamese, in violation of the Geneva Convention, the Presi- ^ "^"^ ^^^^• (lent is hereby authorized and requested to issue a proclamation (1) designating the period beginning Mareli 26. 1972, and ending April 1, 1972, as "National Week of Concern for Prisoners of War/Missing in Action". (2) designating Sunday. March 26, 1972, as a national day of l^rayer for the lives and safety of these men, and (8) calling upon'the people of the United States to observe such week with appropriate ceremonies and activities. Approved March 10, 1972.

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PUBLIC LAW 92-249-MAR. 10, 1972

[86

STAT.

Public Law 92-249 March 10, 1972 [ H. R. 11738]

Boy Scout Jamborees. Equipment and services, loans. 70A Stat. 142. 10 USC 2 5 4 1.

Bond.

Transportation services.

Bond,

Reimbursement.

AN ACT To amend title 10, United States Code, to authorize the Secretary of Defense to lend certain equipment and to provide transportation and other services to the Boy Scouts of America in connection with Boy Scout Jamborees, and for other purposes.

Be it enacted by the Senate and House of Representaf}ee.s of the United States of America in Congress assembled. Thut chapter 151 of title 10, United States Code, is amended by adding the following new section, and a corresponding item in the analysis. "§2544. Equipment and other services: Boy Scout Jamborees "(a) The Secretary of Defense is hereby authorized, under such regulations as he may prescribe, to lend to the Boy Scouts of America, for the use and accommodation of Scouts, Scouters, and officials who attend any national or world Boy Scout Jamboree, such cots, blankets, commissary equipment, flags, refrigerators, and other equipment and without reimbursement, furnish services and expendable medical supplies, as may be necessary or useful to the extent that items are in stock and items or services are available. "(b) Such equipment is authorized to be delivered at such time prior to the holding of any national or world Boy Scout Jamboree, and to be returned at such time after the close of any such jamboree, as may be agreed upon by the Secretary of Defense and the Boy Scouts of America. No expense shall be incurred by the United States (jovernment for the delivery, return, rehabilitation, or replacement of such e(piipmeMt. "(c) The Secretary of Defense, before delivering such property, shall take from the Boy Scouts of America, good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States. " (d) The Secretary of Defense is hereby authorized under such regulations as he may prescribe, to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Military Airlift Command for (1) those Boy Scouts, Scouters, and officials certified by the Boy Scouts of America, as representing the Boy Scouts of America at any national or world Boy Scout Jamboree, and (2) the equipment and property of such Boy Scouts, Scouters, and officials and the property loaned to the Boy Scouts of America, by the Secretary of Defense pursuant to this section to the extent that such transportation will not interfere with the requirements of military operations. "(e) Before furnishing any transportation under subsection (d), the Secretary of Defense shall take from the Boy Scouts of America, a good and sufficient bond for the reimbursement to the United States by the Boy Scouts of America, of the actual costs of transportation furnished under this section. "(f) Amounts paid to the United States to reimburse it for expenses incurred under subsection (b) and for the actual costs of transportation furnished under subsection (d) shall be credited to the current applicable appropriations or funds to which such expenses and costs were charged and shall be available for the same purposes as such appropriations or funds.

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63

" (g) Other departments of the Federal Government are authorized, under such regulations as may be prescribed by the Secretary thereof, to provide to the Boy Scouts of America, e{][uipment and other services, under the same conditions and restrictions prescribed in the preceding subsections for the Secretary of Defense." Approved March 10, 1972. Public Law 92-250 AN ACT To provide for a temporary increase in the public debt limit.

March 15, 1972 [H. R. 12910]

Be it enacted by the Seriate and House of Representatives of the Pu United States of America in Congress assembled, That during the limit.b l i c debt period beginning on the date of the enactment of this Act and ending 'Temporary on June 30, 1972, the public debt limit set forth in the first sentence increase. of section 21 of the Second Liberty Bond Act, as temporarily increased ^i use 757b. by section 2(a) of Public Law 92-5, shall be further temporarily ^^ ^*^*- ^• increased by $20,000,000,000. Approved March 15, 1972. Public Law 92-251 JOINT RESOLUTION To provide for a n extension of the term of the Commission on the Bankruptcy Laws of the United States, and for other purposes.

^3,,^,

,,^,,,,

[S. j. Res. 190]

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution commission on entitled "Joint resolution to create a commission to study the bank- LawsTf d^e*u!s. ruptcy laws of the United States", approved July 24, 1970 (84 Stat. Term extension. 468),'is amended— _ _ noU "^"^ ^'^'''^ (1) in subsection (c) of the first section, by striking out "within two years after the date of enactment of the joint resolution'' and inserting in lieu thereof the following: "prior to June 30, 1973"; and (2) in section 6, by striking out "$600,000" and inserting in lieu i nAppropriation c a thereof "$826,000". ^, s , „ r_e „s.e.. Approved March 17, 1972. Public Law 92-252 AN ACT To amend the Military Construction Authorization Act, 1970, to authorize additional funds for the conduct of a n international aeronautical exposition.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 709 of the Military Construction Authorization Act, 1970, as amended (83 Stat. 317, 84 Stat. 1224), is further amended by deleting from the penultimate sentence thereof "$3,000,000" and inserting in its place "$5,000,000". Approved March 17, 1972.

March 17, 1972 [S.3244]

international expollti'on^ Additional ^'^'^^^

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PUBLIC LAW 92-253-MAR. 17, 1972

[86

STAT.

Public Law 92-253 March 17, 1972 [S. 602]

Indians. Confederated Salish and Kootenai T r i b e s, Mont. Judgment funds.

T a x exemption.

AN ACT To provide for the disposition of judgments, when appropriated, recovered by the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, in paragraphs 7 and 10, docket numbered 50233, United States Court of Claims, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Thiit the funds appropriated to the credit of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana, in satisfaction of judgments awarded in paragraphs 7 and 10 in docket numbered 50233, United States Court of Claims, including interest thereon, after payment of attorneys fees and other litigation expenses, shall be used as" follows: 85 per centum thereof shall be distributed in equal per capita shares to each person who is enrolled or entitled to be enrolled on the date of this Act; the remainder may be advanced, expended, invested or reinvested for any purposes that are authorized by the tribal governing body and approved by the Secretary of the Interior. SEC. 2. Any part of such funds that may be distributed to members of the Tribes shall not be subject to Federal or State income tax. SEC. 3. Sums payable under this Act to enrollees or their heirs or legatees who are less than eighteen years of age or who are under a legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary of the Interior determines appropriate to protect the best interests of such persons. Approved March 17, 1972. .... Public Law 92-254

March 18, 1972 [S. 671]

Indians. Blackfeet and Gros Ventre Tribes. Judgment funds, division and disposition.

P e r capita distribution.

AN ACT

To provide for division and for the disposition of the funds appropriated to pa.v a judgment in favor of the Blackfeet Tribe of the Blackfeet Indian Reserva^ tion, Montana, and the Gros Ventre Tribe of the Fort Belknap Reservation, Montana, in Indian Claims Commission docket numbered 279-A, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the funds appropriated by the Act of October 21, 1968 (82 Stat. 1190, 1198), to pay a judgment to the Blackfeet Tribe of the Blackfeet Indian Reservation, Montana, and the Gros Ventre Tribe of the Fort Belknap Reservation, Montana, in Indian Claims Commission docket numbered 279-A, together with interest thereon, after payment of attorney fees, litigation expenses, and the cost of carrying out the provisions of this Act, shall be divided by the Secretary of the Interior on the basis of 73.2 per centum to the Blackfeet Tribe and 26.8 per centum to the Gros Ventre Tribe. SEC. 2. The sum of $5,671,156 from the funds credited to the Blackfeet Tribe under section 1 of this Act shall be distributed per capita to each person whose name appears on or is entitled to appear on the membership roll of the Blackfeet Tribe, and who was born on or prior to and is living on the date of this Act. The sum of $2,100,000 from the funds credited to the Gros Ventre Tribe under section 1 of this Act shall be distributed per capita to all members of the Fort Belknap Community who were born on or prior to and are living on the date of

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this Act and (a) whose names appear on the February 5, 1937, payment roll of the Gros Ventre Tribe of the Fort Belknap Reservation, or (b) who are descended from a person whose name appears on said roll, if such member possesses a greater degree of Gros Ventre blood than Assiniboine blood. If such member possesses equal quantums of Gros Ventre and Assiniboine blood he may elect to participate in the per capita distribution authorized by this section, in which event he shall not be eligible to participate in any per capita distribution of an Assiniboine judgment. A share or interest payable to enrollees or their heirs or legatees who are less than eighteen years of age or under legal disability shall be paid in accordance with such procedures, including the establishment of trusts, as the Secretary determines appropriate to protect the best interest of such persons. SEC. 3. The balance of each tribe's share of the funds may be advanced, expended, invested, or reinvested for any purposes that are authorized by the respective tribal governing bodies and approved by the Secretary of the Interior. SEC, 4. None of the funds distributed per capita under the provisions of this Act shall be subject to Federal or State income taxes, and the per capita payments shall not be considered as income or resources when determining the extent of eligibility for assistance under the Social Security Act. The provision of this section regarding eligibility for assistance under the Social Security Act is enacted in recognition of unique circumstances applicable to the tribes involved, and shall not be regarded as a precedent or as a general policy for application to other tribes. SEC. 5. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved March 18, 1972.

65

Restriction.

Minors, payment p r o c e d u r e s.

Tax exemption.

49 Stat. 620. 42 USC 1305.

R u l e s and regulations.

Public Law 92-255 AN ACT To establish a Special Action Office for Drug Abuse Prevention and to concentrate the resources of the Nation against the problem of drug abuse.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, § 1. Short title. This Act may be cited as the " D r u g Abuse Office and Treatment Act of 1972".

March 21, 1972 [S.2097]

Drug Abuse Office and Treatment Act of 1972.

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[86 STAT.

TITLE I—FINDINGS A N D DECLARATION OF POLICY; DEFINITIONS; TERMINATION Sec. 101. 102. 103. 104.

,

Congressional findings. Declaration of national policy. Definitions. Termination.

§ 101. Congressional findings. The Congress makes the following findings: (1) Drug abuse is rapidly increasing in the United States and now afflicts urban, suburban, and rural areas of the Nation. (2) Drug abuse seriously impairs individual, as well as societal, health and well-being. (3) Drug abuse, especially heroin addiction, substantially contributes to crime. (4) The adverse impact of drug abuse inflicts increasing pain and hardship on individuals, families, and communities and undermines our institutions. (5) Too little is known about drug abuse, especially the causes, and ways to treat and prevent drug abuse. (6) The success of Federal drug abuse programs and activities requires a recognition that education, treatment, rehabilitation, research, training, and law enforcement efforts are interrelated. (7) The effectiveness of efforts by State and local governments and by the Federal Government to control and treat drug abuse in the United States has been hampered by a lack of coordination among the States, between States and localities, among the Federal Government, States and localities, and throughout the Federal establishment. (8) Control of drug abuse requires the development of a comprehensive, coordinated long-term Federal strategy that encompasses both effective law enforcement against illegal drug traffic and effective health programs to rehabilitate victims of drug abuse. (9) The increasing rate of drug abuse constitutes a serious and continuing threat to national health and welfare, requiring an immediate and effective response on the part of the Federal Government. § 102. Declaration of national policy. The Congress declares that it is the policy of the United States and the purpose of this Act to focus the comprehensive resources of the Federal Government and bring them to bear on drug abuse 'with the immediate objective of significantly reducing the incidence of drug abuse in the United States within the shortest possible period of time, and to develop a comprehensive, coordinated long-term Federal strategy to combat drug abuse.

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§103. Definitions. (a) The definitions set forth in this section apply for the purposes of this Act. (b) The term "drug abuse prevention function" means any program or activity relating to drug abuse education, training, treatment, rehabilitation, or research, and includes any such function even when performed by an organization whose primary mission is in the field of drug traffic prevention functions, or is unrelated to drugs. The term does not include any function defined in subsection (c) as a "drug traffic prevention function". (c) The term "drug traffic prevention function" means (1) the conduct of formal or informal diplomatic or international negotiations at any level, whether with foreign governments, other foreign governmental or nongovernmental persons or organizations of any kind, or any international organization of any kind, relating to traffic (whether licit or illicit) in drugs subject to abuse, or any measures to control or curb such traffic; or (2) any of the following law enforcement activities or proceedings: (A) the investigation and prosecution of drug offenses; (B) the impanelment of grand juries; (C) programs or activities involving international narcotics control; and (D) the detection and suppression of illicit drug supplies. § 104. Termination. Effective June 30, 1975, the Office, each of the positions in the Office of Director, Deputy Director, and Assistant Director, and the National Advisory Council for Drug Abuse Prevention established by section 251 of this Act are abolished and title II is repealed. TITLE II—SPECIAL ACTION OFFICE FOR DRUG A B U S E PREVENTION Chapter

Section

1. GENERAL PROVISIONS 2. F U N C T I O N S OF THE DIRECTOR 3. ADVISORY COUNCIL

••

201 221 251

Chapter 1.—GENERAL PROVISIONS Sec. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214.

Establishment of Office. Appointment of Director. Appointment of Deputy Director. Appointment of Assistant Directors. Delegation. Officers and employees. Employment of experts and consultants. Acceptance of uncompensated services. Notice relating to the control of dangerous drugs. G r a n t s and contracts. Acting Director and Deputy Director. Compensation of Director, Deputy Director, and Assistant Directors. Statutory requirements unaffected. Appropriations authorized.

§ 201. Establishment of Office. There is established in the Executive Office of the President an office to be known as the Special Action Office for Drug Abuse Prevention (hereinafter in this Act referred to a,s the "Office"). The establishment of the Office in the Executive Office of the President shall not be construed as affecting access by the Congress, or committees of either House, (1) to information, documents, and studies in the possession of, or conducted by, the Office, or (2) to personnel of the Office.

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83^stat^\'9o^''

s/stat^'ioss^'

80 Stat. 416. 5 j;sc 5332

note.

21 u^c 80/^'

PUBLIC LAW 92-255-MAR. 21, 1972

i

[86 STAT.

§ 202. Appointment of Director. There shall be at the head, of the Office a Director who shall be appointed by the President, by and with the advice and consent of the Senate. § 203. Appointment of Deputy Director. There shall be in the Office a Deputy Director who shall be appointed by the President, by and w4th the advice and consent of the Senate. I h e Deputy Director shall perform such functions as the Director may assign or delegate, and shall act as Director during the absence or disability of the Director or in the event of a vacancy in the office of Director. § 204. Appointment of Assistant Directors. There shall be in the Office not to exceed six Assistant Directors appointed by the Director. § 205. Delegation. LTnless specifically prohibited by law, the Director may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Office as he may designate. § 206. Officers and employees. (a) The Director may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to perform the functions vested in him. At the discretion of the Director, any officer or employee of the Office may be allowed and paid travel expenses, including per diem in lieu of subsistence, in the same manner as is authorized by section 5703 of title 5, United States Code, for individuals employed intermittently. (b) In addition to the number of positions which may be placed in grades GS-16, 17, and 18 under section 510S of title 5, United States Code, and without prejudice to the placement of other positions in the Office in such grades under any authority other than this subsection, not to exceed ten positions in the Office may be placed in grades GS-16, 17, and 18, but in accordance with the procedures prescribed under such section 5108. The authority for such additional positions shall terminate on the date specified in section 104 of this Act. § 207. Employment of experts and consultants. The Director may procure services as authorized by section 3109 of title 5, United States Code, and may pay a rate for such services not in excess of the rate in effect for gracle GS-18 of the General Schedule. The Director may employ individuals under this section without regard to any limitation, applicable to services procured under such section 3109, on the number of days or the period of such services, except that, at any one time, not morp than fifteen individuals may be employed under this section without regard, to such limitation. § 208. Acceptance of uncompensated services. The Director is authorized to accept and employ in furtherance of the purpose of this Act or any Federal drug abuse prevention function, voluntary and uncompensated services notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 665 (b)). §209. Notice relating to the control of dangerous drugs. Whenever the Attorney General determines that there is evidence that (1) a drug or other substance, which is not a controlled substance (as defined in section 101(6) of the Controlled Substances -^^^^' ^^^ ^ potential for abuse, or

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(2) a controlled substance should be transferred or removed from a schedule under section 202 of such Act, he shall, prior to initiating any proceeding under section 201(a) of such Act, give the Director timely notice of such determination. Information forwarded to the Attorney General pursuant to section 201(f) of such Act shall also be forwarded by the Secretary of Health, Education, and Welfare to the Director. § 210. Grants and contracts. (a) In carrying out any of his functions under this title, the Director is authorized to make grants to any public or nonprofit private agency, organization, or institution, and to enter into contracts with any agency, organization, or institution, or with any individual. (b) To the extent he deems it appropriate, the Director may rec[uire the recipient of a grant or contract under this section to contribute money, facilities, or services for carrying out the program and activity for which such grant or contract was made. (c) Payments pursuant to a grant or contract under this section may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursements, and in such installments and on such conditions as the Director may determine. (d) Any Federal department or agency may enter into grant or contractual arrangements with the Director and, pursuant to such a grant or contractual arrangement, may exercise any authority to use any personnel or facilities which would otherwise be available to such department or agency for the performance by it of its authorized fimctions. § 211. Acting Director and Deputy Director. The President may authorize any person who immediately prior to the date of enactment of this Act held a position in the executive branch of the Government to act as the Director or Deputy Director until the position in question is for the first time filled pursuant to the provisions of this title "or by recess appointment, as the case may be, and the President may authorize any such person to receive the compensation attached to the office in respect of which he serves. Such compensation, if authorized, shall be in lieu of but not in addition to other compensatit)n from the United States to which such person may be entitled. § 212. Compensation of Director, Deputy Director, and Assistant Directors. (a) Section 5313 of title 5, United States Code, is amended by adding at the end thereof the following: "(21) Director of the Special Action Office for Drug Abuse Prevention." (b) Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: "(95) Deputy Director of the Special Action Qffice for Drug Abuse Prevention." (c) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following: "(131) Assistant Directors, Special Action Office for Drug Abuse Prevention (6)." § 213. Statutory requirements unaffected. Except as authorized in section 225, nothing in this Act authorizes or permits the Director or any other Federal officer to waive or disregard any limitation or requirement, including standards, criteria, or cost-sharing formulas, prescribed by law with respect to any Federal

84 Stat. 1247. 21 USC 812. 21 USC 8 1 1.

Recipients.

contributions.

Payments.

Federal department or agency, contractual arrangements.

eompensation.

80 Stat. 460; 83 Stat. 864; 84 Stat. 1888.

84 Stat. 1604.

84 Stat. 968.

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program or activity. Except with respect to the conduct of drug abuse prevention functions, nothing in this Act shall be construed to limit the authority of the Secretary of Defense with respect to the operation of the Armed Forces or the authority of the Administrator of Veterans' Affairs with respect to furnishing health care to veterans. § 214. Appropriations authorized. (a)(1) For the purposes of carrying out the provisions of this title, except for the provisions of sections 223 and 224, there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1972; $10,000,000 for the fiscal year ending June 30, 1973; $11,000,000 for the fiscal year ending June 30, 1974; and $12,000,000 for the fiscal year ending June 30, 1975. (2) For the purpose of carrying out the provisions of section 223, there is authorized to be appropriated $40,000,000 for each of the fiscal years ending June 30, 1973, June 30, 1974, and June 30, 1975. (3) For the purpose of making grants and contracts under section 224, there are authorized to be appropriated $20,000,000 for the fiscal year ending June 30, 1973, $25,000,000 for the fiscal year ending June 30, 1974, and $30,000,000 for the fiscal year ending June 30, 1975. (b) Sums appropriated under subsection (a) of this section shall remain available for obligation or expenditure in the fiscal year for which appropriated and in the fiscal year next following. Chapter 2.—FUNCTIONS OF THE DIRECTOR Sec. 221. 222. 223. 224. 225. 226. 227. 228. 229. 230. 231. 232. 233.

c^n^'c^r'^^ consultation.

©oncentration of Federal effort. Funding authority. Special Fund. Encouragement of certain research and development. Single non-Federal share requirement. Recommendations regarding drug traflSc prevention functions. Resolution of certain conflicts. Liaison with respect to drug traflic prevention. Technical assistance to State and local agencies. Management oversight review. Federal drug council authorized. International negotiations. Annual report.

§ 221. Concentration of Federal effort. (a) The Director shall provide overall planning and policy and establish objectives and priorities for all Federal drug abuse prevention functions. I n carrying out his functions under this subsection, the Dlrcctor shall consult, from time to time, with the National Advisory Council for Drug Abuse Prevention. (b) For the purpose of assuring the effectuation of the planning and policy and the achievement of the objectives and priorities provided or established pursuant to subsection (a), the Director shall (1) review the regulations, guidelines, requirements, criteria, and procedures of operating agencies in terms of their consistency with the policies, priorities, and objectives he provides or establishes, and assist such agencies in making such additions thereto or changes therein as may be appropriate; (2) recommend changes in organization, management, and personnel, which he deems advisable to implement the policies, priorities, and objectives he provides or establishes; (3) review related Federal legislation in the areas of health, education, and welfare providing for medical treatment or assistance, vocational training, or other rehabilitative services and, consistent with the purposes of this Act, assure that the respective administering agencies construe drug abuse as a health problem:

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(4) conduct or provide for the conduct of evaluations and studies of the performance and results achieved by Federal drug abuse prevention functions, and of the prospective performance and results that might be achieved by alternative programs and activities supplementary to or in lieu of those currently being administered; (5) require departments and agencies engaged in Federal drug abuse prevention functions to submit such information and reports with respect thereto as the Director determines to be necessary to carry out the purposes of this Act, and such departments and agencies shall submit to the Director such information and reports as the Director may reasonably require; (6) except as provided in the second sentence of section 213, ^"""g f^u^e (A) coordinate the performance of drug abuse prevention tTons*rco°rrdhrr-" functions by Federal departments and agencies; and tion. (B) coordinate the performance of svich functions by Federal departments and agencies with the performance by Federal departments and agencies of other functions which the Director determines may have an important bearing on the success of the entire Federal effort against drug abuse; and (7) develop improved methods for determining the extent of drug addiction and abuse in the United States. § 222. Funding authority. In implementation of his authority under section 221, and to carry out the purposes of this Act, the Director is authorized (1) to review and as he deems necessary modify insofar as they pertain to Federal drug abuse prevention functions, (A) implementation plans for any Federal program, and (B) the budget requests of any Federal department or agency; and (2) to the extent not inconsistent with the applicable appropriation Acts, to make funds available from appropriations to Federal departments and agencies to conduct drug abuse prevention functions. § 223. Special Fund. (a) There is established a Special Fund (hereinafter in this section Establishment. referred to as the "fund") in order to provide additional incentives to Federal departments and agencies to develop more effective drug abuse prevention functions and to give the Director the flexibility to encourage, and respond quickly and effectively to, the development of promising programs and approaches. (b) Except as provided in subsection (c) of this section, sums utilization. appropriated to the fund may be utilized only after their transfer, upon the order of the Director and at his discretion, to any Federal department or agency (other than the Office) and only for the purpose of (1) developing or demonstrating promising new concepts or methods in respect of drug abuse prevention functions; or (2) supplementing or expanding existing drug abuse prevention functions which the Director finds to be exceptionally effective or for which he finds there exists exceptional need. (c) Not more than 10 per centum of such sums as are appropriated Limitation. to the fund may be expended by the Director through the Office to develop and demonstrate promising new concepts or methods in respect of drug abuse prevention functions. § 224. Encouragement of certain research and development. I n carrying out his functions under section 221, the Director shall encourage and promote (by grants, contracts, or otherwise) expanded research programs to create, develop, and test

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(1) nonaddictive synthetic analgesics to repLace opinm and its derivatives in medical use; (2) long-lasting, nonaddictive blocking or antagonistic drugs or other pharmacological substances for treatment of heroin addiction; and (3) detoxification agents which, when administered, will ease the physical effects of withdrawal from heroin addiction. search^'faciiuies ^^ Carrying out this section the Director is authorized to establish, or establishment. ' provide for the establishment of, clinical research facilities. § 225. Single non-Federal share requirement. Where funds are made available by more than one Federal agency to be used by an agency, organization, or individual to carry out a drug abuse prevention function, a single non-Federal share requirement may be established according to the proportion of funds advanced by each Waiver. Federal agency, and the Director may order any such agency to waive any technical grant or contract requirement established in regulations which is inconsistent with the similar requirement of the other Federal agency or which the other Federal agency does not impose. §226. Recommendations regarding drug traffic prevention functions. The Director may make recommendations to the President in connection with any Federal drug traffic prevention function, and shall consult with and be consulted by all responsible Federal departments and agencies regarding the policies, priorities, and objectives of such functions. § 227. Resolution of certain conflicts. Findings and j f ^}IQ Director determines in writing that the manner in which any determinations,

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x

j.

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i

x-

i

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submittal to President.

Federal department or agency is conducting any drug abuse prevention fuuction Or drug traffic prevention function substantially impairs the effective conduct of any other such function; he shall submit in writing his findings and determinations to the President, who may direct the Federal department or agency in question to conduct the function thereafter under such policy guidelines as the President may specify to eliminate the impairment. §228. Liaison with respect to drug traffic prevention. One of the Assistant Directors of the Office shall maintain communication and liaison with respect to all drug traffic prevention functions of the Federal Government. § 229. Technical assistance to State and local agencies. (a) The Director shall (1) coordinate or assure coordination of Federal drug abuse prevention functions with such functions of State and local governments; and (2) provide for a central clearinghouse for Federal, State, and local governments, public and private agencies, and individuals seeking drug abuse information and assistance from the Federal Government. (b) I n carrying out his functions under this section, the Director may (1) provide technical assistance—including advice and consultation relating to local programs, technical and professional assistance, and, where deemed necessary, use of task forces of public officials or other persons assigned to work with State and local governments—to analyze and identify State and local drug abuse

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problems and assist in the development of plans and programs to meet the problems so identified; (2) convene conferences of State, local, and Federal officials, and such other persons as the Director shall designate, to promote the purposes of this Act, and the Director is authorized to pay reasonable expenses of individuals incurred in connection with their participation in such conferences; (3) draft and make available to State and local governments model legislation with respect to State and local drug abuse programs and activities; and (4) promote the promulgation of uniform criteria, procedures, and forms of grant or contract applications for drug abuse control and treatment proposals submitted by State and local governments and private organizations, institutions, and individuals. (c) In implementation of his authority under subsection (b)(1), the Director may (1) take such action as may be necessary to request the assignment, with or without reimbursement, of any individual employed by any Federal department or agency and engaged in any Federal drug abuse prevention function or drug traffic prevention function to serve as a member of any such task force; except that no such person shall be so assigned during any one fiscal year for more than an aggregate of ninety days without the express approval of the head of the Federal department or agency with respect to which he was so employed prior to such assignment; (2) assign any person employed by the Office to serve as a member of any such task force or to coordinate management of such task forces; and (3) enter into contracts or other agreements with any person or organization to serve on or work with such task forces. § 230. Management oversight review. The Director may, for a period not to exceed thirty days in any one calendar year, provide for the exercise or performance of a manage..,.:)-^_u ^ ment oversight review with respect to the conduct of any Federal drugabuse prevention function. Such review may be conducted by an officer of any Federal department or agency other than the department or agency conducting such function. The officer shall submit a written Report to Director. report to the Director concerning his findings. § 231. Federal drug council authorized. To promote the purposes of this Act, the Director may convene, at his discretion, a council of officials representative of Federal departments and agencies, including intelligence agencies, responsible for Federal drug abuse prevention functions or Federal drug traffic prevention functions. § 232. International negotiations. The President may designate the Director to represent the Government of the United States in discussions and negotiations relating to drug abuse prevention, drug traffic prevention, or both. § 233. Annual report. The Director shall submit to the President and the Congress, prior ^ Report to to March 1 of each year which begins after the enactment of this title, P roensg'"e s st'. and " " iden C r a written report on the activities of the Office. The report shall specify the objectives, activities, and accomplishments of the Office, and shall contain an accounting of funds expended pursuant to this title.

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Chapter 3.—ADVISORY COUNCIL

5 USC 5 332

note

,^°.^*^';A^^'

83 Stat. 190.

Sec. 251. Establi.slinieiit <f Council. » 252. Membership of the Council. 258. Chairman; meetings. 254. Compensation and expenses. 255. Functions of the Council. § 251. Establishment of Council. There is established a Xational Advisory C^ouncil for Drug Abuse J^revention (hereinafter in this chapter referred to as the "Council") which shall consist of fifteen members. § 252. Membership of the Council. (a) The Secretary of Health, Education, and Welfare, the Secretary of Defense, and the Administrator of Veterans' Affairs, or their respective designees, shall be members of the Council ex officio. (b) The remaining members of the Council shall be appointed by the J'resident and shall serve at his pleasure. Appointments shall be made from persons who by virtue of their education, training, or experience are qualified to carry out the functions of members of the Councih Of the members so appointed, four shall be officials of State or local governments oi' governmental agencies who are actively engaged in drug abuse prevention functions, § 253. Chairman; meetings. The President shall designate the Chairman of the Comicil. The Council shall meet at the call of the Chairman, but not less often than four times a year. § 254. Compensation and expenses. Meml)ers of the Council (other than uiembers who are full-time officers or employees of the United States) shall, while serving on business of the Council, be entitled to receive a per diem allowance at rates not to exceed the daily equi^'alent of the rate authorized for grade ( T S - 1 8 of the General Schedule. Each member of the Council, while so serving away from his home or regular place of business, may be allowed actual travel expenses and per diem in lieu of subsistence as authorized by section 5708 of title 5 of the United States Code for persons in the Government service employed intermittently. § 255. Functions of the Council. (a) The Council shall, from time to time, make reconnnendations to the Director with respect to overall i^lamiing and policy and the objectives and priorities for all Federal drug abuse prevention functions. (b) The Council may make reconnnendations to the Director with respect to- the conduct of. or need for. any drug abuse prevention functions which are or in its judgment should be conducted by or with the support of tlu> Federal Government. TITLE III—NATIONAL DRUG A B U S E S T R A T E G Y Sec. HOI. Development of strjiteyy rei|uire(l. a2. Stratejty Council. .S3. Content of stratejiy. •U)4. I'reparation of stratejiy. 'M)o. "Review and revision. § 301. Development of s t r a t e g y required. Innnediately upon the enactment of this title, the President shall direct the development of a comprehensive, coordinated long-term Federal strategy (hereinafter in this title ivferred to as the "strategy'*) for all drug alnise preventin functions and all drug traffic prevention

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functions conducted, sponsored, or supported by any department or agency of the Federal Government. The strategy shall be initiially promulgated by the President no later than nine months after the enactment of this title. § 302. Strategy Council. To develop the strategy, the President shall establish a Strategy Council whose membership shall include the Direotor of the Special Action Office for Drug Abuse Prevention until the date specified in section 104 of this Act, the Attorney General, the Secretaries of Health, Education, and Welfare, State, and Defense, the Administrator of Veterans' Affairs, and other officials as the President may deem appropriate. Until the date specified in section 104 of this Act, the Director shall provide such services as are required to assure that the strategy is prepared, and thereafter such services shall be provided by such officer or agency of the United States as the President may designate. The strategy shall be subject to review and written comment by those Federal officials participating in its preparation. § 303. Content of strategy. The strategy shall contain (1) an analysis of the nature, character, and extent of the drug abuse problem in the United States, including examination of the interrelationships between various approaches to solving the drug abuse problem and their potential for interacting both positively and negatively with one another; (2) a comprehensive Federal plan, with respect to both drug abuse prevention functions and drug traffic prevention functions, which shall specify the objectives of the Federal strategy and how all available resources, funds, programs, services, and facilities authorized under relevant Federal law should be used; and (3) an analysis and evaluation of the major programs conducted, expenditures made, results achieved, plans developed, and problems encountered in the operation and coordination of the various Federal drug abuse prevention functions and drug traffic prevention functions. § 304. Preparation of strategy. To facilitate the preparation of the strategy, the Council shall (1) engage in the planning necessary to achieve the objectives of a comprehensive, coordinated long-term Federal strategy, including examination of the overall Federal investment to combat drug abuse; (2) at the request of any member, require departments and agencies engaged in Federal drug abuse prevention functions and drug traffic prevention functions to submit such information and reports and to conduct such studies and surveys as are necessary to carry out the purposes of this title, and the departments and agencies shall submit to the Council and to the requesting member the information, reports, studies, and surveys so required; (3) evaluate the performance and results acliieved by Federal drug abuse prevention functions and drug traffic prevention functions and the prospective j^erformance and results that might be achieved by programs and activities in addition to or in lieu of those currently being administered. § 305. Review and revision. The strategy shall be reviewed, revised as necessary, and promulgated as revised from time to time as the President deems appropriate, but not less often than once a year.

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TITLE IV—OTHER FEDERAL PROGRAMS Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410. 411. 412. 413.

Community mental health centers. Public Health Service facilities. State plan requirements. Drug abuse prevention function appropriations. Special reports by the Secretary of Health, Education, and Welfare. Additional drug abuse prevention functions of the Secretary of Health, Education, and Welfare. Admission of drug abusers to hospitals for emergency treatment. Confidentiality of patient records. Formula grants. Special project grants and contracts. Records and audit. National Drug Abuse Training Center. Drug abuse among Federal civilian employees.

§ 401. Community mental health centers. (a) Section 221 of the Community Mental Health Centers Act (42 g^79^stat^^428; U.S.C. 2688a) is amended by adding at the end thereof the following new subsection: "(c) If an application for a grant under this part for a community mental health center is made for any fiscal year beginning after June 30, 1972, and— " (1) the Secretary determines that it is feasible for such center to provide a treatment and rehabilitation program for drug addicts and other persons with drug abuse and other drug dependence problems residing in the area served by the center and that the need for such a program in that area is of such a magnitude as to warrant the provision of such a program by the center, such application may not be approved unless it contains or is supported by assurances satisfactory to the Secretary that the center will provide such program in such fiscal year; or "(2) the Secretary determines that it is feasible for the center to assist the Federal Government in treatment and rehabilitation programs for drug addicts and other persons with drug abuse and other drug dependence {)roblems who are in the area served by the center, such application may not be approved unless it contains or is supported by assurances satisfactory to the Secretary that the center will enter into agreements with departments or agencies of the Government under which agreements the center may be used (to the maximum extent practicable) in treatment and rehabilitation programs (if any) pro\ ided by such departments or agencies. For the purpose of making grants under this part to assist community mental health centers to meet the requirements of this subsection there are authorized to be appropriated $60,000,000 for the fiscal year ending June 30, 1973, $60,000,000 for the fiscal year ending June 30, 1974, and $60,000,000 for the fiscal year ending June 30, 1975." Treatment ^j^) Section 251 of the Community Mental Health Centers Act 82sJa'."ioo9; (42 U.S.C. 2688k) Is amended— 84 Stat. 58, 1238. ^j^j jjy inserting in subsection (a) "or leasing" after "construction", (2) by inserting in subsection (a) "facilities for emergency medical services, intermediate care services, or outpatient services, or" immediately before "posthospitalization treatment facilities", (3) by inserting in subsection (a) "or leased" after "constructed", and (4) by inserting in subsection (b) "or leasing" after "construction" the first time it appears. (c) Section 256(e) of the Community Mental Health Centers Act 84 Stat. 1 2 3 9. (42 U.S.C. 2688n-l) is amended (1) by striking out "and $35,000,000"

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and inserting in lieu thereof "$60,000,000'', and (2) by striking out the period at the end and inserting in lieu thereof "; and $75,000,000 for the fiscal year ending June 30, 1974.". § 402. Public Health Service facilities. (a) Section 341(a) of the Public Health Service Act (42 U.S.C. 257(a)) (relating to care and treatment of narcotic addicts and other ^o Stat. 1449; drug abusers) is amended by adding at the end thereof the following ^'^ '^'' ^^'*°" new sentence: "In carrying out this subsection, the Secretary shall establish in each hospital and other appropriate medical facility of the Service a treatment and rehabilitation program for drug addicts and other persons with drug abuse and drug dependence problems who are in the area served by such hospital or other facility; except that the requirement of this sentence shall not apply in the case of any such hospital or other facility with respect to which the Secretary determines that there is not sufficient need for such a program in such hospital or other facility." (b) Section 341 of that Act is amended by adding at the end thereof the following new subsection: "(c) The Secretary may enter into agreements with the Administrator of Veterans' Affairs, the Secretary of Defense, and the head of any other department or agency of the Government under which agreements hospitals and other appropriate medical facilities of the Service may be used in treatment and rehabilitation programs provided by such department or agency for drug addicts and other persons with drug abuse and other drug dependence problems who are in areas served by such hospitals or other facilities."' § 403. State plan requirements. (a) Section 314(d)(2)(K) of the Public Health Service Act (42 U.S.C. 246(d)(2)(K)) is amended by inserting after "problem" the following: ", and include provisions for (i) licensing or accreditation of facilities in which treatment and rehabilitation programs are conducted for persons with drug abuse and other drug dependence problems, and (ii) expansion of State mental health programs in the field of drug abuse and drug dependence and of other prevention and treatment programs in such field". (b) Section 204 of the Community Mental Health Centers Act (42 U.S.C. 2684) is amended by adding at the end thereof the following ^

,•'

^

o

84 Stat. 1241.

^7 Stat. 291;

^ 8 1 Stat. 79.

new subsection: "(c) After June 30, 1973, the Secretary may not approve any State plan unless it provides for treatment and prevention programs in the field of drug abuse and drug dependence, commensurate with the extent of the problem, and it includes the provisions required by section 314(d)(2)(K) of the Public Health Service Act for State plans Supra. submitted under section 314(d) of such Act." § 404. Drug abuse prevention function appropriations. Any request for appropriations by a department or agency of the Government submitted after the date of enactment of this Act shall specify (1) on a line item basis, that part of the appropriations which the department or agency is requesting to carry out its drug abuse prevention functions, and (2) the authorization of the appropriations requested to carry out each of its drug abuse prevention functions. § 405. Special reports by the Secretary of Health, Education, and Welfare. (a) The Secretary of Health, Education, and Welfare (hereinafter co^ng^resVand in this title referred to as the "Secretary") shall develop and submit to Director. the Congress and the Director within ninety days after the date of enactment of this Act, a written plan for the administration and coordination of all drug abuse prevention functions within the Depart-

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ineiit of Health, Education, and Welfare. Such report shall list each progTani conducted and each service provided in carrying out such hnietions, describe liow such programs and services are to be coordinated, and describe the steps taken or to be taken to insure that such programs and services will be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines. The plan shall he consistent with the policies, priorities, and objectives established by the Director under section 221 of this Act. (b) The Secretary shall submit to the Director, for inclusion in the annual report required by section 283 of this Act, a report describingmodel and experimental methods and programs for the treatment and rehabilitation of drug abusers, and describing the advantages of each such method and program and an evaluation of the success or failure of each such method or program. The Secretary's report shall contain recommendations for the development of new and improved methods and programs for the treatment and rehabilitation of drug abusers, for community implementation of such methods and programs, and for such legislation and administrative action as he deems appropriate. § 406. Additional drug abuse prevention functions of the Secretary of Health, Education, and Welfare. (a) The Secretary shall (1) operate an information center for the collection, preparation, and dissemination of all information relating to drug abuse prevention functions, including information concerning State and local drug abuse treatment plans, and the availability of treatment resources, training and educational programs, statistics, research, and other pertinent data and information; (2) investigate and publish information concerning uniform methodology and technology- for determining the extent and kind of drug use by individuals and effects which individuals are likely to experience from such use; (3) gather and publish statistics pertaining to drug abuse and promulgate regulations specifying uniform statistics to be furnished, records to be maintained, and reports to be submitted, on a voluntary basis by public and private entities and individuals respecting drug abuse; and (4) review, and publish an evaluation of, the adequacy and appropriateness of any provision relating to drug abuse prevention functions contained in the comprehensive State health, welfare, or rehabilitation plans submitted to the Federal Government pursuant to Federal laAV, including, but not limited to, those submitted pursuant to section 5(a) of the Vocational Rehabilita29 USC ^35 _ p. tion Act, sections '6U{d)(2)(K) and 604(a) of the Public Health Ante,^^^ 77 4rusc 29id. Service Act, section 1902(a) of title X IX of the Social Security 42us^cu°96a 42 USC 2 684^* Health Ccnters Act. (b) After December 31. 1974, the Secretary shall carry out his functions under subsection (a) through the Xational Institute on Drug Abuse. § 407. Admission of drug abusers to hospitals for emergency treatment. (a) Drug abusers Avho are suffering from emergency medical conditions shall not be refused admission or treatment, solely because of their drug abuse or drug dependence, by any private or public general hospital which recei ves support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency.
 * ^^^' '^^^'^ section 20-1 (a) of part A of the Community Mental

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(b) The Secretary is authorized to make regulations for the enforcement of the policy of subsection (a). Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to comply with such subsection. If the Secretary determines that a hospital has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary is authorized to suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of Federal support for such hospital. § 408. Confidentiality of patient records. (a) Kecords of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function authorized or assisted under any provision of this Act or any Act amended by this Act shall be confidential and may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section. (b)(1) If the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives his Avritten consent, the content of such record may be disclosed (A) to medical personnel for the purpose of diagnosis or treatment of the patient, and (B) to governmental personnel for the purpose of obtaining benefits to which the patient is entitled. (2) If the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, does not give his written consent, the content of such record may be disclosed as follows: (A) To medical personnel to the extent necessary to meet a bona fide medical emergency. (B) To qualified personnel for the purpose of conducting scientific research, management or financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner. (C) If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. I n assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. (c) Except as authorized by a court order granted under subsection (b)(2)(C) of this secticm, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient. (d) The prdhibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient. (e) Except as authorized under subsection (b) of this section, any person who discloses the contents of any record referred to in subsection (a) shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense.

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Penalty.

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Appropriation.

"State."

State allotments.

Unobligated amounts, reallotment.

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[86 STAT.

§ 409. Formula grants. (a) There are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1972, $30,000,000 for the fiscal year ending June 30, 1973, $40,000,000 for the fiscal year ending June 30, 1974, and $45,000,000 for t5he fiscal year ending June 30, 1975, for grants to States in accordance with this section. For the purpose of this section, 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. (b) Grants to States may be made under this section (1) for the preparation of plans which are intended to meet the requirements of subsection (e) of this section; (2) for the expenses (other than State administrative exiDenses) of (A) carrying out projects under and otherwise implementing plans approved by the Secretary pursuant to subsection (f) of this section, and (B) evaluating the results of such plans as actually implemented; and (3) for the State administrative expenses of carrying out plans approved by the Secretary pursuant to subsection (f) of this section, except that no grant under this paragraph to any State for any year may exceed $50,000 or 10 ^)er centum of the total allotment of that State for that year, whichever is less. (c)(1) For each fiscal year the Secretary shall, in accordance with regulations, allot the sums appropriated pursuant to subsection (a) for such year among the States on the basis of the relative population, financial need, and the need for more effective conduct of drug abuse prevention functions, except that no such allotment to any State (other than the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands), shall be less than $100,000 multiplied by a fraction whose numerator is the amount actually appropnated for the purposes of this section for the fiscal year for which the allotment is made, and whose denominator is the amount authorized to be appropriated by subsection (a) for that year. (2) Any amount allotted under paragraph (1) of this subsection 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, for the purjxyses 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 detei^mines will remain imobligated 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 therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this section, 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 paragraph (1) of this subsection 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

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the second of such next two years, to any other of such four States which have need therefor, on such basis as the Secretary deems equitable and consistent with the purposes of this section, 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. (d) No grant may be made under subsection (b)(1) of this section unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, including- assurances satisfactory to the Secretary that the grant will be used by the State for the preparation of a State plan which will meet the requirements of subsection (e), as the Secretary shall by regulation prescribe. (e) Any State desiring to receive a grant under subsection (b)(2) state plans. or (b)(3) of this section shall submit to the Secretary a State plan for planning, establishing, conducting, and coordinating projects for the development of more effective drug abuse prevention functions in the State and for evaluating the conduct of such functions in the State. Each State plan shall (1) designate or establish a single State agency as the sole agency for the preparation and administration of the plan, or for supervising the preparation and administration of the plan; (2) contain satisfactory evidence that the State agency designated or established in accordance with paragraph (1) will have authority to prepare and administer, or supervise the preparation and administration of, such plan in conformity with this subsection; (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 drug abuse and drug dependence, from different geographical areas of the State, and which shall consult with the State agency in carrying out the plan; (4) describe the drug abuse prevention functions to be carried out under the plan with assistance under this section; (5) set forth, in accordance with criteria established by the Secretary, a detailed survey of the local and State needs for the prevention and treatment of drug abuse and drug dependence, mcluding a survey of the health facilities needed to provide services for drug abuse and drug dependence, and a plan for the development and distribution of such facilities and programs throughout the State; (6) provide for coordination of existing and planned treatment . and rehabilitation programs and activities, particularly in urban centers; (7) provide a scheme and methods of administration which will supplement, broaden, and complement State health plans developed under section 314(d)(2) of the Public Health Service Act; so Stat. usi; (8) provide such methods of administration of the State plan, ^^,e*°'' 77^^' including methods relating to the establishment and maintenance 42 'use 245. of personnel standards on a merit basis (except that the Secretary shall 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; (9) 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 require, 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;

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Approval.

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[86 STAT.

(10) provide that the State agency will from time to time, bvit not less often than annually, review its State plan and submit to the Secretary an analysis and evaluation of the effectiveness of the prevention and treatment programs and activities carried out under the plan, and any modifications in the plan which it considers necessary; (11) provide reasonable assurance that Federal funds made available under this section for any period will be so used as to supplement 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; and (12) contain such additional information and assurance as the Secretary may find necessary to carry out the provisions of this section. (f) xiie Secretary shall approve any State plan and any modification thereof which complies with the provisions of subsection (e) of this section. (g) From the allotment of a State, the Secretary shall make grants to that State in accordance with this section. Payments under such grants may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. § 410. Special project grants and contracts. (a) The Secretary shall (1) make grants to public and private nonprofit agencies, organizations, or institutions and enter into contracts with public and private agencies, organizations, institutions, and individuals to provide training seminars^ educational programs, and technical assistance for the development of drug abuse prevention, treatment, and rehabilitation programs for employees in the private and public sectors; (2) make grants to public and private nonprofit agencies, organizations, or institutions and enter into contracts with public and private agencies, organizations, and institutions, to provide directly or through contractual arrangements for vocational rehabilitation counseling, education, and services for the benefit of persons in treatment programs and to encourage efforts by the private and public sectors of the economy to recruit, train, and employ participants in treatment programs; (3) make grants to public and private nonprofit agencies, organizations, or institutions and enter into contracts with public and private agencies, organizations, institutions, and individuals to establish, conduct, and evaluate drug abuse prevention, treatment, and rehabilitation programs within State and local criminal justice systems; (4) make grants to or contracts with groups composed of individuals representing a broad cross-section of medical, scientific, or social disciplines for the purpose of determining the causes of drug abuse in a particular area, prescribing methods for dealing with dru^ abuse in such an area, or conducting programs for dealing with drug abuse in such an area; (5) make research grants to public and private nonprofit agencies, organizations, and institutions and enter into contracts with public and private agencies, organizations, and institutions, and individuals for improved drug maintenance techniques or programs; and (6) make grants to public and private nonprofit agencies, organizations, and institutions and enter into contracts with public

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and private agencies, organizations, institutions, and individuals to establish, conduct, and evaluate drug abuse prevention and treatment programs, (b) There are authorized to be appropriated $25,000,000 for the fiscal Appropriation. year ending June 30, 1972; $65,000,000 for the fiscal year ending June 30, 1973; $100,000,000 for the fiscal year ending June 30, 1974; and $160,000,000 for the fiscal year ending June 30, 1975, to carry out this section. (c)(1) In carrying out this section, the Secretary shall require coordination of all applications for programs in a State and shall not give precedence to public agencies over private agencies, institutions, and organizations, or to State agencies over local agencies. (2) Each applicant within a State, upon filing its application 'with Project the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency (if any) designated or established under section 409. 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 for treatment and prevention of drug abuse under section 409. The State shall furnish the applicant a copy of any such evaluation. A State if it so desires may, in writing, waive its rights under this paragraph. (3) Approval of any application for a grant or contract under this,„^f^,|i^^*^°" section by the Secretary, including the earmarking of financial assist- approval. ance for a program or project, may be granted only if the application substantially meets a set of criteria 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 for reasonable assurance that Federal funds made available under this section for any period will be so used as to supplement 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) Payment under grants or contracts under this section may be made in advance or by way of reimbursement and in such installments as the Secretary may determine. § 411. Records and audit. (a) Each recipient of assistance under section 409 or 410 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 w4th which such grant or contract is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and Comptroller General of the United States,

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Transfer of superv sion.

Appropriation.

Exception.

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[86 STAT.

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 such grants or contracts. § 412. National Drug Abuse Training Center. (a) The Director shall establish a National Drug Abuse Training Center (hereinafter in this section referred to as the "Center") to develop, conduct, and support a full range of training programs relating to drug abuse prevention functions. The Director shall consult with the National Advisory Council for Drug Abuse Prevention regarding the general policies of the Center. The Director may super^^^^ ^j^^ Operation of the Center initially, but shall transfer the supervision of the operation of the Center to the National Institute on Drug Abuse not later than December 31, 1974. (b) The Center shall conduct or arrange for training programs, seminars, meetings, conferences, and other related activities, including the furnishing of training and educational materials for use by others. (c) The services and facilities of the Center shall, in accordance with regulations prescribed by the Director, be available to (1) Federal, State, and local government officials, and their respective staffs, (2) medical and paramedical personnel, and educators, and (3) other persons, including drug dependent persons, requiring training or education in drug abuse prevention. ((J)(1) For the purpose of carrying out this section, there are authorized to be appropriated $1,000,000 for the fiscal year ending June 30, 1972, $3,000,000 for the fiscal year ending June 30, 1973, $5,000,000 for the fiscal year ending June 30, 1974, and $6,000,000 for the fiscal year ending June 30, 1975. (2) Sums appropriated under this subsection shall remain available for obligation or expenditure in the fiscal year for which appropriated and in the fiscal year next following. § 413. Drug abuse among Federal civilian employees. (a) The Civil Service Commission shall be responsible for developing and maintaining, in cooperation with the Director and with other Federal agencies and departments, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among Federal civilian employees. Such policies and services shall make optimal use of existing governmental facilities, services, and skills. (b) The Director shall foster similar drug abuse 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 drug abuse. (2) Thls 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 department or agency to be a sensitive position. (d) This section shall not be construed to prohibit the dismissal from employment of a Federal civilian employee who cannot properly function in his employment.

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