DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION ACT
DRUG ABUSE PREVENTION
Public Law 92-255, as amended
DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION ACT
255
100-690
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
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Drug Abuse Prevention, Treatment, and Rehabilitation Act
1769
92
1972-03-21
DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION ACT1
[Public Law 92-255]
[As Amended Through P.L. 100-690, Enacted November 18, 1988]
[Currency: This publication is a compilation of the text of Public Law 92–255. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
[References in brackets[] are to title 21, United States Code]
§ 1.

Short title.
This Act may be cited as the “Drug Abuse Prevention, Treatment, and Rehabilitation Act”.
^1
Public Law 92–255.
TITLE I—

FINDINGS AND DECLARATION OF POLICY; DEFINITIONS; TERMINATION2
^2
Section 1007(c)(1) of Public Law 100–690 repealed section 103 without making a conforming amendment to the table of sections.
Sec.
101.
Congressional findings.
102.
Declaration of national policy.
103.
Definitions.
104.
Termination.
§ 101.
[1101]

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.
(10)
Although the Congress observed a significant apparent reduction in the rate of increase of drug abuse during the three-year period subsequent to the date of enactment of this Act, and in certain areas of the country apparent temporary reductions in its incidence, the increase and spread of heroin consumption since 1974, and the continuing abuse of other dangerous drugs, clearly indicate the need for effective, ongoing, and highly visible Federal leadership in the formation and execution of a comprehensive, coordinated drug abuse policy.
(11)
Shifts in the usage of various drugs and in the Nation's demographic composition require a Federal strategy to adjust the focus of drug abuse programs to meet new needs and priorities on a cost-effective basis.
(12)
The growing extent of drug abuse indicates an urgent need for prevention and intervention programs designed to reach the general population and members of high risk populations such as youth, women, and the elderly.
(13)
Effective control of drug abuse requires high-level coordination of Federal international and domestic activities relating to both supply of, and demand for, commonly abused drugs.
(14)
Local governments with high concentrations of drug abuse should be actively involved in the planning and coordination of efforts to combat drug abuse.
§ 102.
[1102]

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 objective of significantly reducing the incidence, as well as the social and personal costs, of drug abuse in the United States, and to develop and assure the implementation of a comprehensive, coordinated, long-term Federal strategy to combat drug abuse. To reach these goals, the Congress further declares that it is the policy of the United States and the purpose of this Act to meet the problems of drug abuse through—
(1)
comprehensive Federal, State, and local planning for, and effective use of, Federal assistance to States and to community-based programs to meet the urgent needs of special populations, in coordination with all other governmental and nongovernmental sources of assistance;
(2)
the development and support of community-based prevention programs;
(3)
the development and encouragement of effective occupational prevention and treatment programs within the Government and in cooperation with the private sector; and
(4)
increased Federal commitment to research into the behavioral and biomedical etiology of, the treatment of, and the mental and physical health and social and economic consequences of, drug abuse.
* * * * * * *
TITLE II—

OFFICE OF DRUG ABUSE POLICY
Sec.
201.
Concentration of Federal effort.
202.
Designated drug representative.
203.
Officers and employees.
204.
Acceptance of uncompensated services.
205.
Notice relating to the control of dangerous drugs.
206.
Statutory authority unaffected.3
§ 201.
[1115]

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 102(6) of the Controlled Substances Act), has a potential for abuse, or
(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 President 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 and Human Services to the President.
* * * * * * *
^3
Section 1007(c)(1) of Public Law 100–690 repealed sections 201, 202, 203, 204, and 206, and redesignated section 205 as section 201, without making conforming amendments to the table of sections.
TITLE IV—

OTHER FEDERAL PROGRAMS4
^4
Various public laws have amended title IV without conforming the table of sections.
Sec.
401.
Community mental health centers.
402.
Public Health Service facilities.
403.
State plan requirements.
404.
Drug abuse prevention function appropriations.
405.
Special reports by the Secretary of Health and Human Services.
406.
Additional drug abuse prevention functions of the Secretary of Health and Human Services.
407.
Admission of drug abusers to private and public hospitals.
408.
Confidentiality of patient records.
[409. Repealed.]
410.
Grants and contracts for the demonstration of new and more effective prevention, treatment, and rehabilitation programs.
411.
Records and audit.
412.
National Drug Abuse Training Center.
413.
Drug abuse among government and other employees.
414.
Contract authority.
* * * * * * *
§ 404.
[1171]

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.
* * * * * * *
§ 406.
[1173]

Additional drug abuse prevention functions of the Secretary of Health and Human Services.
(b)
After December 31, 1974, the Secretary shall carry out his functions under subsection (a) through the National Institute on Drug Abuse.
* * * * * * *
§ 410.
[1177]

Grants and contracts for the demonstration of new and more effective prevention, treatment, and rehabilitation programs.
(a)
The Secretary5 acting through the National Institute on Drug Abuse, may make grants to and enter into contracts with individuals and public and private nonprofit entities—
^5
So in law. “Secretary” probably should be followed by a comma.
(1)
to provide training seminars, educational programs, and technical assistance for the development, demonstration, and evaluation of drug abuse prevention, treatment, and rehabilitation programs; and
(2)
to conduct demonstration and evaluation projects, with a high priority on prevention and early intervention projects and on identifying new and more effective drug abuse prevention, treatment, and rehabilitation programs.
In the implementation of his authority under this section, the Secretary shall accord a high priority to applications for grants or contracts for primary prevention programs. For purposes of the preceding sentence, primary prevention programs include programs designed to discourage persons from beginning drug abuse. To the extent that appropriations authorized under this section are used to fund treatment services, the Secretary shall not limit such funding to treatment for opiate abuse, but shall also provide support for treatment for nonopiate drug abuse including polydrug abuse. Furthermore, nothing shall prevent the use of funds provided under this section for programs and projects aimed at the prevention, treatment, and rehabilitation of alcohol abuse and alcoholism as well as drug abuse.
(b)
There are authorized to be appropriated $25,000,000 for the fiscal 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; $160,000,000 for each of the fiscal years ending June 30, 1975 and June 30, 1976; $40,000,000 for the period July 1, 1976, through September 30, 1976; and $160,000,000 for each of the fiscal years ending September 30, 1977, and September 30, 1978, to carry out this section. For the fiscal year ending September 30, 1979, there is authorized to be appropriated (1) $153,000,000 for grants and contracts under paragraphs (3) and (6) of subsection (a) for drug abuse treatment programs, and (2) $24,000,000 for grants and contracts under such subsection for other programs and activities. For grants and contracts under paragraphs (3) and (6) of subsection (a) for drug abuse treatment programs there is authorized to be appropriated $149,000,000 for the fiscal year ending September 30, 1980, and $155,000,000 for the fiscal year ending September 30, 1981; and for grants and contracts under such subsection for other programs and activities there is authorized to be appropriated $20,000,000 for the fiscal year ending September 30, 1980, and $30,000,000 for the fiscal year ending September 30, 1981. Of the funds appropriated under the preceding sentence for the fiscal year ending September 30, 1980, at least 7 percent of the funds shall be obligated for grants and contracts for primary prevention and intervention programs designed to discourage individuals, particularly those in high risk populations, from abusing drugs; and of the funds appropriated under the preceding sentence for the next fiscal year, at least 10 percent of the funds shall be obligated for such grants and contracts. For carrying out the purposes of this section, there are authorized to be appropriated $15,000,000 for the fiscal year ending September 30, 1982. Of the funds appropriated under the preceding sentence, at least 25 per centum of the funds shall be obligated for grants and contracts for primary prevention and intervention programs designed to discourage individuals, particularly individuals in high risk populations, from abusing drugs.
(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 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) responsible for the administration of drug abuse prevention activities. 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 any State comprehensive plan for treatment and prevention of drug abuse. 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 section by the Secretary, including the earmarking of financial assistance for a program or project, may be granted only if the application substantially meets a set of criteria 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; and
(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.
(4)
Each applicant within a State, upon filing its application with the Secretary for a grant or contract to provide treatment or rehabilitation services shall provide a proposed performance standard or standards, to measure, or research protocol to determine, the effectiveness of such treatment or rehabilitation program or project.
(d)
The Secretary shall encourage the submission of and give special consideration to applications under this section to programs and projects aimed at underserved populations such as racial and ethnic minorities, Native Americans (including Native Hawaiians and Native American Pacific Islanders, youth, the elderly, women, handicapped individuals, and families of drug abusers.
(e)
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.
(f)
Projects and programs for which grants and contracts are made or entered into under this section shall, in the case of prevention and treatment services, seek to (1) be responsive to special requirements of handicapped individuals in receiving such services; (2) whenever possible, be community based, insure care of good quality in general community care facilities and under health insurance plans, and be integrated with, and provide for the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals; (3) where a substantial number of the individuals in the population served by the project or program are of limited English-speaking ability (A) utilize the services of outreach workers fluent in the language spoken by a predominant number of such individuals and develop a plan and make arrangements responsive to the needs of such population for providing services to the extent practicable in the language and cultural context most appropriate to such individuals, and (B) identify an individual who is fluent both in that language and English and whose responsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cultural sensitivities and bridging linguistic and cultural differences; and (4) where appropriate, utilize existing community resources (including community mental health centers).
(g)
(1)
No grant may be made under this section to a State or to any entity within the government of a State unless the grant application has been duly authorized by the chief executive officer of such State.
(2)
No grant or contract may be made under this section for a period in excess of five years.
(3)
(A)
The amount of any grant or contract under this section may not exceed 100 per centum of the cost of carrying out the grant or contract in the first fiscal year for which the grant or contract is made under this section, 80 per centum of such cost in the second fiscal year for which the grant or contract is made under this section, 70 per centum of such cost in the third fiscal year for which the grant or contract is made under this section, and 60 per centum of such cost in each of the fourth and fifth fiscal years for which the grant or contract is made under this section.
(B)
For purposes of this paragraph, no grant or contract shall be considered to have been made under this section for a fiscal year ending before September 30, 1981.
§ 411.
[1178]

Records and audit.
(a)
Each recipient of assistance under section 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 with 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, 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.
[1179]

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 supervise the 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.
(d)
(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.
§ 414.
[1181]

Contract authority.
The authority of the Secretary to enter into contracts under this title and title V shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.