§1. Short title. This Act may be cited as the "Drug Abuse Office and Treatment Act of 1972". TITLE I-FINDINGS AND DECLARATION OF Sec. 101. Congressional findings. 102. Declaration of national policy. 103. Definitions. 104. 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. (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 21 U.S.C. 1101 21 U.S.C. 1102 21 U.S.C. 1103 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. § 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 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. § 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 or training (including preventive efforts directed to individuals who are not users of drugs and to individuals who are marginal users of drugs), 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. (d) The term "drug abuse function" means any function described in subsection (b) or (c) of this section, or both. 203. Appointment of Deputy Director. 204. Delegation. 205. Officers and employees. 206. Employment of experts and consultants. 207. Acceptance of uncompensated services. 208. Notice relating to the control of dangerous drugs. 209. Compensation of Director and Deputy Director. 210. Statutory authority unaffected. 211. Appropriations authorized. §201. Establishment of Office There is established in the Executive Office of the President an office to be known as the Office of Drug Abuse Policy (hereinafter in this Act referred to as 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. 8202. Appointment of Director The Office shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall not hold office in any other department or agency of the United States, whether on an acting basis or otherwise, except on such occasions as may be appropriate in connection with the performance of such duties as may be assigned to him pursuant to section 222. §203. Appointment of Deputy Director There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate. The 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. Delegation Unless 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. 21 U.S.C. 1111 21 U.S.C. 1112 21 U.S.C. 1113 21 U.S.C. 1114 21 U.S.C. 1115 21 U.S.C. 1116 21 U.S.C. 1117 21 U.S.C. 1118 § 205. 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, GS-17, and GS-18 under section 5108 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 four positions in the Office may be placed in grades GS-16, GS-17, and GS-18, but in accordance with the standards and procedures prescribed by chapter 51 of such title. § 206. 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 grade 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 more than six individuals may be employed under this section without regard to such limitation. § 207. Acceptance of uncompensated services The Director is authorized to accept and employ in furtherance of the purpose of this Act voluntary and uncompensated services notwithstanding the provisions of section 3679 (b) of the Revised Statutes (31 U.S.C. 665 (b)). § 208. 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 Director timely notice of such determination. Information forwarded to the At torney General pursuant to section 201 (f) of such Act shall also be forwarded by the Secretary of Health, Education, and Welfare to the Director. § 209. Compensation of Director and Deputy Director 21 U.S.C. 1119 (a) Section 5314 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(64) Director of the Office of Drug Abuse Policy." (b) Paragraph (95) of section 5315 of such title is amended to read as follows: "(95) Deputy Director of the Office of Drug Abuse Policy." § 210. Statutory authority unaffected Nothing in this title 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 the furnishing of health care and related services to veterans. § 211. Appropriations authorized For purposes of carrying out this title, there is authorized to be appropriated $700,000 for the fiscal year ending June 30, 1976, $500,000 for the period July 1, 1976, through September 30, 1976, $2,000,000 for the fiscal year ending September 30, 1977, and $2,000,000 for the fiscal year ending September 30, 1978. Chapter 2.-FUNCTIONS OF THE DIRECTOR 8221. Concentration of Federal effort (a) The Director shall make recommendations to the President with respect to policies for, objectives of, and establishment of priorities for, Federal drug abuse functions and shall coordinate the performance of such functions by Federal departments and agencies. Recommendations under this subsection shall include recommendations for changes in the organization, management, and personnel of Federal departments and agencies performing drug abuse functions to implement the policies, priorities, and objectives recommended under this subsection. (b) To carry out subsection (a), the Director shall— (1) review the regulations, guidelines, requirements, criteria, and procedures of Federal departments and agencies applicable to the performance of drug abuse functions; 21 U.S.C. 1120 21 U.S.C. 1121 21 U.S.C. 1131 80-929 O 77 19 (Vol. I) |