The text of the bill below is as of Jul 26, 1976 (Passed Congress).
PUBLIC LAW 94-371—JULY 26, 1976 90 STAT. 1035 Public Law 94-371 94th Congress An Act To amend the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treat- July 26, 1976 ment, and Rehabilitation Act of 1970, and for other purposes. [S. 31841 Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, T h a t this Act be Comprehensive cited as the ''Comprehensive Alcohol Abuse and Alcoholism Preven- Alcohol Abuse tion, Treatment, and Rehabilitation Act Amendments of 1976". and Alcoholism Prevention, SEC. 2. Section 2 ( b ) of the Comprehensive Alcohol Abuse and Treatment, and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 Rehabilitation (hereinafter in this Act referred to as "'the Act"') is amended to Act Amendments read as follows: of 1976. " ( b ) I t is the policy of the United States and the purpose of this 42 u s e 4541 Act to approach alcohol abuse and alcoholism from a comprehensive note. community care standpoint, and to meet the problems of alcohol 42 u s e 4541. abuse and alcoholism throujrh— "• (1) comprehensive Federal, State, and local planning for, and eli'ective use of. Federal assistance to States, and direct Federal assistance to community-based programs to meet the urgent needs of special populations, in coordination with all other govern- mental and nongovernmental sources of assistance; " ( 2 ) the development of methods for diverting problem drink- ers from criminal justice systems into prevention and treatment p r o g r a m s ; and " ( 3 ) 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, alcohol abuse and alcoholism.". SEC. 3. (a) Section 301 of the Act is amended (1) by striking out Appropriation " a n d " after "1975," and (2) by inserting after "1976," the following: authorization. "$70,000,000 for the fiscal year ending September 30,1977, $77,000,000 42 u s e 4571. for the fiscal year ending September 30, 1978, and $85,000,000 for the fiscal year ending September 30,1979,". (b) Section 302(a) of the Act is amended by adding at t h e end Regulation. thereof the following new sentence: " I n determining the extent of a 42 u s e 4572. State's need for more effective prevention, treatment, and rehabili- tation of alcohol abuse and alcoholism, the Secretary shall (within 180 days after the date of enactment of this sentence) by regulation establish a methodology to assess and determine the incidence and prevalence of alcohol abuse within the States.". SEC. 4. (a) Section 304(b) of the Act is amended by striking out 42 u s e 4574. the last sentence thereof. (b) Effective J u l y 1,1976, section 304 (c) of the Act is amended by— (1) striking out "10 per centum" and substituting "20 percent"; and (2) striking out "$100,000" and substituting "$150,000". (c) Effective J u l y 1,1976— (1) sections 304(d) and 311(d) of t h e Act are repealed, Repeals. (2) section 304 of the Act ( A ) is transferred to p a r t B of the 42 u s e 4577. Act, ( B ) is inserted before section 311, and (C) is redesignated as section 310, and
9 0 STAT. 1036 PUBLIC LAW 94-371—JULY 26, 1976 42 u s e 4577. (3) p a r t B of the Act is amended by inserting after section 311 the following; new section: "AUTHORIZATIONS OF APPROPRIATION* 42 u s e 4578. " 3 E C . 312. F o r purposes of sections 310 and 311, there are authorized to be appropriated $85,000,000 for the fiscal year ending September 30, 1977, $91,000,000 for the fiscal year ending September 30, 1978, and $102,500,000 for the fiscal year ending September 30,1979.". Ante, p. 1035. (d) Section 310(a) of the Act (as so redesignated) is amended (1) 42 u s e 4576. by striking out "September 30,1977" and inserting in lieu thereof "Sep- tember 30,1979", and (2) by striking out "three g r a n t s " and inserting in lieu thereof "six grants". State plans, SEC. 5. (a) Section 303(a) (3) of the Act is amended by inserting approval. "and at least one representative of the Statewide H e a l t h Coordinating 42 u s e 4573. Council established pursuant to section 1524 of the Public H e a l t h 42 u s e 300m-3. Servdce Act," after "alcoholism,". (b) (1) Section 303(a) of the Act is further amended by striking out " a n d " at the end of p a r a g r a p h (10), by redesignating p a r a g r a p h (11) as p a r a g r a p h (16) and by inserting after p a r a g r a p h (10) the following: "(11) contain, to the extent feasible, a complete inventory of all public and private resources available in the State for the purpose of alcohol abuse and alcoholism treatment, prevention, and rehabilitation, including but not limited to programs funded under State and local laws, occupational programs, voluntary organizations, education programs, military and Veterans' Administration resources, and available public and private third- p a r t y payment p l a n s ; "(12) provide assurance t h a t the State agency will coordinate its planning with local alcoholism and alcohol abuse planning agencies and with other State and local health planning agencies; "(13) provide assurance that State certification, accreditation, or licensure requirements, if any, applicable to alcohol abuse and alcoholism treatment facilities and personnel take into account the special nature of such programs and personnel, including the need to encourage the development of nonmedical modes of treat- . ment and the need to acknowledge previous experience when assessing the adequacy of treatment personnel; " ( 1 4 ) provide reasonable assurance t h a t prevention or treat- ment projects or programs supported by funds made available 42 u s e 4572. under section 302 have provided to the State agency a proposed performance standard or standards to measure, or research pro- tocol to determine, the effectiveness of such prevention or treat- ment programs or projects; Review; reports. "(15) provide t h a t the State agency will review admissions to 42 u s e 4581. hospitals and outpatient facilities to assist the Secretary in deter- mining the compliance of such hospitals and facilities with the requirement of section 321 and shall make periodic reports to the Secretary respecting such review; and". Effective date. (2) T h e amendments made by p a r a g r a p h (1) shall apply with 42 u s e 4573 respect to S t a t e plan requirements for allotments under section 302 note. of the Act after J u n e 30, 1976. 42 u s e 4572. ( c ) ( 1 ) Section 303 of the Act is further amended by inserting at the end thereof the following new subsection: Regulations; " ( c ) T h e Secretary shall by regulation require, as a condition to the report to the approval of the State plan, t h a t the State for which such plan was Secretary of submitted report to the Secretary (in such form and manner as the HEW. Secretary shall prescribe) an assessment of the progress of the State in the implementation of its State plan. After making an initial such
PUBLIC LAW 94-371—JULY 26, 1976 90 STAT. 1037 report, a State shall make additional reports every third year there- after in which it receives an allotment under this part. The reporting requirement shall first apply with respect to State plans submitted for allotments for fiscal years beginning after September 30,1977.". (2) Section 303(a) (4) of the Act is amended by inserting " ( A ) " 42 USC 4573. after " ( 4 ) " and by inserting after such section the following: "(B) include in the survey conducted pursuant to subpara- graph (A) an identification of the need for prevention and treat- ment of alcohol abuse and alcoholism by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;". SEC. 6. (a) Section 311 (a) of the Act is amended to read as follows: Grants and "SEC. 311(a) The Secretary, acting through the Institute, may make contracts. grants to public and nonprofit private entities and may enter into con- 42 use 4577. tracts with public and private entities and with individuals— "(1) to conduct demonstration and evaluation projects, includ- ing projects designed to develop methods for the effective coordi- nation of all alcoholism treatment, training, prevention, and research resources available within a health service area estab- lished under section 1511 of the Public Health Service Act, 42 USC 300Z. "(2) to provide treatment and prevention services, with special emphasis on currently underserved populations, such as racial and ethnic minorities, native Americans, youth, female alcoholics, and individuals in geographic areas where such services are not ^ otherwise adequately available, " (3) to provide education and training, which may include addi- ' tional training to enable treatment personnel to meet certifica- tion requirements of public or private accreditation or licensure, - or requirements of third-party payors, and " (4) to provide programs and services, including education and counseling services, in cooperation with law enforcement per- sonnel, schools, courts, penal institutions, and other public agencies, for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.". (b) Section 311(b) of the Act is amended by redesignating clause (2) as clause (3) and inserting a new clause (2) after "individuals;" as follows: "(2) where a substantial number of the individuals in the Limited English- population served by the project or program are of limited English- speaking speaking ability, utilize the services of outreach workers fluent in the individuals. 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 identify an individual employed by the project or program, or who is available to the project or program on a full-time basis, who is fluent both in that language and English and whose reponsibilities shall include providing guidance to the individuals of limited English speaking ability and to appropriate staff members with respect to cul- tural sensitivities and bridging linguistic and cultural differences;". (c) Section 311(c) of the Act is amended by adding after para- graph (3) the following new paragraphs: "(4) The Secretary shall give special consideration to applications Programs for under this section for programs and projects for prevention and treat- women and ment of alcohol abuse and alcoholism by women and for programs and juveniles, projects for prevention and treatment of alcohol abuse and alcoholism applications, by individuals under the age of eighteen.
90 STAT. 1038 PUBLIC LAW 94-371—JULY 26, 1976 "(5) Each applicant, upon filing its application with the Secretary for a grant or contract to provide prevention or treatment services, shall provide a proposed performance standard or standards to meas- ure, or research protocol to determine, the effectiveness of such services.". 42 use 4591. SEC. 7. The Act is further amended by redesignating title V and references thereto as title VI and by inserting after title IV the following: "TITLE V—RESEARCH . ii^ ENCOURAGEMENT OF RESEARCH 42 use 4585. " S E C 501. (a) The Secretary, acting through the Institute, shall carry out a program of research, investigations, experiments, demon- ; < ! strations, and studies, directly and by grant or contract, into— " (1) the behavioral and biomedical etiology of, "^2) treatment of, "(3) mental and physical health consequences of, and " (4) social and economic consequences of, alcohol abuse and alcoholism. ;,.. .J, "(b) In carrying out the program described in subsection (a) of this section, the Secretary, acting through the Institute, is author- ized to— " (1) collect and make available through publications and other appropriate means, information as to, and the practical applica- tion of, the research and other activities under the program; "(2) make available research facilities of the Public Health Service to appropriate public authorities, and to health officials and scientists engaged in special study; Grants. "(3) make grants to universities, hospitals, laboratories, and other public or nonprofit institutions, and to individuals for such research projects as are recommended by the National Advisory Council on Alcohol Abuse and Alcoholism; " (4) secure from time to time and for such periods as he deems / advisable, the assistance and advice of experts, scholars, and con- sultants from the United States or abroad; "(5) promote the coordination of research programs conducted by the Institute, and similar programs conducted by other agen- cies, organizations, and individuals, including all National Insti- ' * ' J *' tutes of Health research activities which are or may be related to the problems of individuals suffering from alcoholism or alcohol abuse; Intramural "(6) conduct an intramural program of biomedical and program. behavioral research, including research into the most effective means of treatment and service delivery, and including research involving human subjects, which is— "(A.) located in an institution capable of providing all necessary medical care for such human subjects, including complete 24-hour medical diagnostic services by or under the supervision of physicians, acute and intensive medical care, including 24-hour emergency care, psychiatric care, and such ^ other care as is determined to be necessary for individuals " suffering from alcoholism and alcohol abuse; and "(B) associated with an accredited medical or research ' •' •""' training institution; ' . ' "(7) for purposes of study, admit and treat at institutions, ,/.,; hospitals, and stations of the Public Health Service, persons not otherwise eligible for such treatment;
PUBLIC LAW 9 4 - 3 7 1 — J U L Y 26, 1976 90 STAT. 1039 " ( 8 ) provide to health officials, scientists, and appropriate public and other nonprofit institutions and organizations, tech- nical advice and assistance on the application of statistical meth- ods to experiments, studies, and surveys in health and medical fields; " ( 9 ) enter into contracts under this title without regard to Contracts, sections 3648 and 3709 of t h e Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5 ) ; and "(10) adopt, upon recommendation of the National Advisory Council on Alcohol Abuse and Alcoholism, such additional means as he deems necessary or appropriate to carry out the purposes of this section. ' S C I E N T I F I C PEER REVIEW " S E C . 502. T h e Secretary, acting through the Institute, shall, by reg- Regulations. ulation, provide for review of all research grants and contracts, train- 42 u s e 4586. ing, treatment, and prevention activity grants, and programs over which he has authority under this Act by utilizing, to the maximum extent possible, appropriate peer review groups, composed princi- pally of non-Federal scientists and other experts in the field of alcoholism. "AUTHORIZATION or APPROPRIATIONS " S E C . 503. T h e r e are authorized to be appropriated for carrying out 42 u s e 4587. t h e purposes of section 501 and 502 $20,000,000 for the fiscal year ending September 30,1977, $24,000,000 for the fiscal year ending Sep- tember 30, 1978, and $28,000,000 for the fiscal year ending Septem- ber 30, 1979. "NATIONAL ALCOHOL RESEARCH CENTERS " S E C . 504. (a) T h e Secretary acting t h r o u g h the Institute may Designation. designate National Alcohol Research Centers for t h e purpose of inter- 42 u s e 4588. disciplinary research relating to alcoholism and other alcohol prob- lems. No entity may be designated as a Center unless an application therefor has been submitted to, and approved by, the Secretary. Such an application shall be submitted in such manner and contain such information as the Secretary may reasonably require. T h e Secretary may not approve such an application unless— " ( 1 ) the application contains or is supported by reasonable assurances that— " ( A ) the applicant has the experience, or capability, to conduct, t h r o u g h biomedical, behavioral, social, and related disciplines, long-term research on alcoholism and other alco- hol problems and to provide coordination of such research among such disciplines; " ( B ) the applicant has available to it sufficient laboratory facilities and reference services (including reference services t h a t will afford access to scientific alcohol l i t e r a t u r e ) ; " ( C ) the applicant has facilities and personnel t o provide t r a i n i n g in the prevention and treatment of alcoholism and other alcohol problems; " ( D ) the applicant has the capacity to train predoctoral and postdoctoral students for careers in research on alcohol- ism and other alcohol problems; and " ( E ) the applicant has the capacity to conduct courses on alcohol problems and research on alcohol problems for under- g r a d u a t e and graduate students, and for medical and osteo- pathic students and physicians; 9-194 O—78—pt. 1 69
90 STAT. 1040 PUBLIC LAW 94-371—JULY 26, 1976 "(2) the application contains a detailed five-year plan for research relating to alcoholism and other alcohol problems. Annual grants, "(b) The Secretary shall, under such conditions as the Secretary limitations. may reasonably require, make annual grants to Centers which have been designated under this section. No annual grant to any Center may exceed $1,000,000. No funds provided under a grant under this subsection may be used for the purchase or rental of any land or the rental, purchase, construction, preservation, or repair of any building. For the purposes of the preceding sentence, the term 'construction' has the meaning given that term by section 702(2) of the Public Health Service Act (42 U.S.C. 292a). Appropriation "(c) There are autliorized to be appropriated to carry out the pur- authorization. poses of this section $6,000,000 for the fiscal year ending September 30, 1977, and for each of the next two succeeding fiscal years.". 42 use 3511. SEC. 8. Section 201 of the Comprehensive Alcohol Abuse and Alco- holism Prevention, Treatment, and Rehabilitation Act Amendments of 1974 is amended by adding at the end thereof the following new subsection: Evaluation and "(d) The Secretary of Health, Education, and Welfare, acting recommendations. through the Administration, shall evaluate and make recommenda- tions regarding improved, coordinated activities, where appropriate, for public education and other prevention programs with respect to the abuse of alcohol and other substances.". SEC. 9. The first sentence of section 217(d) of the Public Health Service Act (42 U.S.C. 218) is amended by adding before the period at the end thereof the following: ", including policies and priorities with respect to grants and contracts". SEC. 10. (a) (1) Section 409(e) (5) of the Drug Abuse Office and 21 use 1176. Treatment Act of 1972 is amended by inserting " ( A ) " after " ( 5 ) " and by inserting after such section the following: "(B) include in the survey conducted pursuant to subparagraph (A) an identification of the need for prevention and treatment of drug abuse and drug dependence by women and by individuals under the age of eighteen and provide assurance that prevention and treatment programs within the State will be designed to meet such need;". Effective date. (2) The amendment made by paragraph (1) shall apply with respect 21 use 1176 to State plans submitted for grants under section 401 of the Drug note. Abuse Office and Treatment Act of 1972 after June 30, 1976. 42 u s e 2688a, 2688k, 2688n-l. (b) (1) Section 409(c) (1) (A) of such Act is amended by striking out "an allotment for a fiscal year in an amount not less than $150,000, the allotment for such State for such fiscal year may not be less than $150,000 multiplied by such fraction" and substituting "a minimum allotment in excess of $100,000, multiplied by such fraction, the mini- mum allotment for such State may be increased by up to 50 percent in accordance with such demonstrated need". Effective date. (2) The amendment made by paragraph (1) shall apply with 21 u s e 1176 respect to allotments under section 409(c) of the Drug Abuse Office note. and Treatment Act of 1972 after June 30,1976. 21 u s e 1177. (c) (1) Section 410 of such Act is amended bv redesignating subsec- tion (d) as subsection (e) and by adding after subsection (c) the following: Programs for "(d) The Secretary shall give special consideration to applications women and under this section for programs and projects for prevention and treat- juveniles, ment of drug abuse and drug dependence by women and for programs applications. and projects for prevention and treatment of drug abuse and drug dependence by individuals under the age of eighteen.".
PUBLIC LAW 94-371—JULY 26, 1976 90 STAT. 1041 (2) The ainendment made by paragraph (1) shall apply with respect Effective date. to applications submitted for grants or contracts under section 410 of 21 use 1177 the Drug Abuse Office and Treatment Act of 1972 after June 30,1976. note. 21 u s e 1177. SEC. 11. (a) Section 321(a) of the Act is amended by inserting ", or 42 u s e 4581. outpatient facility (as defined in section 1633(6) of the Public Health Service Act)" after "hospital". (b) Section 321 (b) (1) of the Act as amended by— (1) inserting "and outpatient facilities" after "hospitals"; (2) inserting "or outpatient facility" after "hospital" each time it appears; and (3) striking out "is authorized to make regulations" in the first sentence and inserting in lieu thereof "shall issue regulations not later than December 31,1976". (c) (1) The heading for part C of the Act is amended by striking out "HOSPITALS" and inserting in lieu thereof "HOSPITALS AND OUT- PATIENT FACILITIES". (2) The heading for section 321 of the Act is amended by striking out "HOSPITALS" and inserting in lieu thereof "HOSPITALS AND OUT- PATIENT FACILITIES". SEC. 12. (a) Section 311(c) (2) of the Act is amended by inserting 42 u s e 4577. at the end thereof the following: "Each application for a grant under Application, this section shall be submitted by the Secretary to the National Advis- review. ory Council on Alcohol Abuse and Alcoholism for its review. The Approval. Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council.". (b) The amendment made by subsection (a) shall apply with respect Effective date. to applications for grants under section 311 of the Act after June 30, 42 u s e 4577 1976. note. Approved July 26, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1092 accompanying H.R. 12677 (eomm. on Interstate and Foreign eommerce) and No. 94-1285 (eomm. of eonference). SENATE REPORTS: No. 94-705 and No. 94-705 pt. 2 (Coram, on Labor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): Mar. 29, considered and passed Senate. May 21, considered and passed House, amended, in lieu of H.R. 12677. June 29, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 31: July 27, Presidential statement.