
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4541]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
   CHAPTER 60--COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, 
                  TREATMENT, AND REHABILITATION PROGRAM
 
Sec. 4541. Congressional findings and declaration of purpose

    (a) The Congress finds that--
        (1) alcohol is one of the most dangerous drugs and the drug most 
    frequently abused in the United States;
        (2) approximately ten million, or 7 percent, of the adults in 
    the United States are alcoholics or problem drinkers;
        (3) it is estimated that alcoholism and other alcohol related 
    problems cost the United States over $43,000,000,000 annually in 
    lost production, medical and public assistance expenditures, police 
    and court costs, and motor vehicle and other accidents;
        (4) alcohol abuse is found with increasing frequency among 
    persons who are multiple-drug abusers and among former heroin users 
    who are being treated in methadone maintenance programs;
        (5) alcohol abuse is being discovered among growning numbers of 
    youth;
        (6) alcohol abuse and alcoholism have a substantial impact on 
    the families of alcohol abusers and alcoholics and contributes to 
    domestic violence;
        (7) alcohol abuse and alcoholism, together with abuse of other 
    legal and illegal drugs, present a need for prevention and 
    intervention programs designed to reach the general population and 
    members of high risk populations such as youth, women, the elderly, 
    and families of alcohol abusers and alcoholics; and
        (8) alcoholism is an illness requiring treatment and 
    rehabilitation through the assistance of a broad range of community 
    health and social services and with the cooperation of law 
    enforcement agencies, employers, employee associations, and 
    associations of concerned individuals.

    (b) It is the policy of the United States and the purpose of this 
chapter to approach alcohol abuse and alcoholism from a comprehensive 
community care standpoint, and to meet the problems of alcohol abuse and 
alcoholism through--
        (1) comprehensive Federal, State, and local planning for, and 
    effective 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 governmental and 
    nongovernmental sources of assistance;
        (2) the development of methods for diverting problem drinkers 
    from criminal justice systems into prevention and treatment 
    programs;
        (3) the development and encouragement of prevention programs 
    designed to combat the spread of alcoholism, alcohol abuse, and 
    abuse of other legal and illegal drugs;
        (4) the development and encouragement of effective occupational 
    prevention and treatment programs within government and in 
    cooperation with the private sector; and
        (5) 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.

(Pub. L. 91-616, Sec. 2, as added Pub. L. 93-282, title I, Sec. 102(a), 
May 14, 1974, 88 Stat. 126; amended Pub. L. 94-371, Sec. 2, July 26, 
1976, 90 Stat. 1035; Pub. L. 95-622, title II, Sec. 268(a), Nov. 9, 
1978, 92 Stat. 3437; Pub. L. 96-180, Sec. 2, Jan. 2, 1980, 93 Stat. 
1301.)

                       References in Text

    This chapter, referred to in subsec. (b), was in the original ``this 
Act'', meaning Pub. L. 91-616, Dec. 31, 1970, 84 Stat. 1848, as amended, 
known as the ``Comprehensive Alcohol Abuse and Alcoholism Prevention, 
Treatment, and Rehabilitation Act of 1970''. For complete classification 
of this Act to the Code, see Short Title note below and Tables.


                               Amendments

    1980--Subsec. (a)(2). Pub. L. 96-180, Sec. 2(a), substituted current 
findings of number of alcoholics or problem drinkers in the country 
(approximately ten million or 7 percent of the adults) for 1974 findings 
of number of alcohol abusers and alcoholics of estimated number of 
ninety-five million drinkers in the Nation (minimum of nine million or 7 
per centum of the adults).
    Subsec. (a)(3). Pub. L. 96-180, Sec. 2(a), substituted current 
findings respecting annual cost of over $43,000,000,000 to the United 
States for alcoholism and other related problems in lost production, 
motor vehicle and other accidents, and other items, for 1974 findings 
respecting minimum annual problem drinking costs of $15,000,000 to the 
national economy in lost working time and identical other items.
    Subsec. (a)(6). Pub. L. 96-180, Sec. 2(b)(1), inserted congressional 
finding respecting contribution of alcohol abuse and alcoholism to 
domestic violence.
    Subsec. (a)(7). Pub. L. 96-180, Sec. 2(b)(3), added par. (7). Former 
par. (7) redesignated (8).
    Subsec. (a)(8). Pub. L. 96-180, Sec. 2(b)(2), redesignated former 
par. (7) as (8) and enlisted cooperation of employers, employee 
associations, and associations of concerned individuals in treatment and 
rehabilitation of alcoholics.
    Subsec. (b)(2). Pub. L. 96-180, Sec. 2(c)(1), struck out ``and'' at 
end.
    Subsec. (b)(3) to (5). Pub. L. 96-180, Sec. 2(c)(3), added pars. (3) 
and (4) and redesignated former par. (3) as (5).
    1978--Subsec. (a)(6), (7). Pub. L. 95-622 added par. (6) and 
redesignated former par. (6) as (7).
    1976--Subsec. (b). Pub. L. 94-371 restructured provisions and 
inserted authorization for increased Federal commitment to research into 
the behavioral and biomedical etiology of alcohol abuse and alcoholism 
and the treatment and consequences of alcohol abuse and alcoholism.


                      Short Title of 1980 Amendment

    Section 1(a) of Pub. L. 96-180 provided that: ``This Act [enacting 
section 4594, amending this section and sections 4551 to 4553, 4561, 
4571 to 4573, 4576 to 4578, 4585, 4587, and 4588 of this title, and 
enacting provisions set out as notes under this section and section 4552 
of this title] may be cited as the `Comprehensive Alcohol Abuse and 
Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 
1979'.''


                      Short Title of 1976 Amendment

    Section 1 of Pub. L. 94-371 provided: ``That this Act [enacting 
sections 4578 and 4585 to 4588 of this title, amending this section, 
sections 218, 3511, 4571 to 4573, 4576, 4577, and 4581 of this title, 
and sections 1176 and 1177 of Title 21, Food and Drugs, and enacting 
provisions set out as notes under sections 4573 and 4577 of this title, 
and sections 1176 and 1177 of Title 21] may be cited as the 
`Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and 
Rehabilitation Act Amendments of 1976'.''


                      Short Title of 1974 Amendment

    Section 101 of title I of Pub. L. 93-282 provided that: ``This title 
[enacting this section and sections 4542, 4553, 4576, and 4577 of this 
title, amending sections 242a, 4571, 4572, 4573, 4581, and 4582 of this 
title, and enacting provisions set out as notes under sections 4581 and 
4582 of this title] may be cited as the `Comprehensive Alcohol Abuse and 
Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 
1974'.''


                               Short Title

    Section 1 of Pub. L. 91-616 provided that: ``This Act [enacting this 
chapter and section 2688j-2 of this title and amending sections 218, 
246, 2688h and 2688t of this title] may be cited as the `Comprehensive 
Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation 
Act of 1970'.''


 National Commission on Alcoholism and Other Alcohol-Related Problems; 
Establishment; Executive Secretary; Interim and Final Reports of Study; 
              Termination; Authorization of Appropriations

    Section 18 of Pub. L. 96-180 as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979; Pub. L. 98-24, Sec. 5(a)(2), Apr. 26, 1983, 
97 Stat. 183, 93 Stat. 695, provided that:
    ``(a)(1) There is established a Commission to be known as the 
National Commission on Alcoholism and Other Alcohol-Related Problems 
(hereinafter in this section referred to as the `Commission'). The 
Commission shall be composed of--
        ``(A) four Members of the Senate appointed by the President of 
    the Senate upon the recommendation of the majority and minority 
    leaders;
        ``(B) four Members of the House of Representatives appointed by 
    the Speaker of the House of Representatives upon the recommendation 
    of the majority and minority leaders;
        ``(C) nine public members appointed by the President; and
        ``(D) not more than four nonvoting members appointed by the 
    President from individuals employed in the administration of 
    programs of the Federal Government which affect the prevention and 
    treatment of alcoholism and the rehabilitation of alcoholics and 
    alcohol abusers.
At no time shall more than two members appointed under subparagraph (A), 
more that two of the members appointed under subparagraph (B), or more 
than five of the members appointed under subparagraph (C) be members of 
the same political party.
    ``(2)(A) The President shall designate one of the members of the 
Commission as Chairman, and one as Vice Chairman. Nine members of the 
Commission shall constitute a quorum, but a lesser number may conduct 
hearings. Members appointed under paragraph (1)(D) shall not be 
considered in determining a quorum of the Commission.
    ``(B) Members of the Commission shall serve without compensation, 
but shall be reimbursed for travel, subsistence, and other necessary 
expenses incurred in the performance of the duties vested in the 
Commission.
    ``(C) The Commission shall meet at the call of the Chairman or at 
the call of the majority of the members thereof.
    ``(3)(A) The Commission may appoint, without regard to the 
provisions of title 5, United States Code, governing appointments in the 
competitive service, an executive secretary to assist the Commission in 
carrying out its functions.
    ``(B) The Secretary shall provide the Commission with such 
additional professional and clerical staff, such information, and the 
services of such consultants as the Secretary determines necessary for 
the Commission to carry out effectively its functions.
    ``(C) The Commission may secure directly from any department or 
agency of the United States information necessary to enable it to carry 
out its duties under this section. Upon request of the Chairman of the 
Commission, the head of such department or agency shall furnish such 
information to the Commission consistent with applicable laws and 
regulations with respect to the privacy of medical records.
    ``(b) The Commission shall conduct a study of alcoholism and 
alcohol-related problems and shall include in the study--
        ``(1) an assessment of unmet treatment and rehabilitation needs 
    of alcoholics and their families;
        ``(2) an assessment of personnel needs in the fields of 
    research, treatment, rehabilitation, and prevention;
        ``(3) an assessment of the integration and financing of 
    alcoholism treatment and rehabilitation into health and social 
    health care services within communities;
        ``(4) a study of the relationship of alcohol use to aggressive 
    behavior and crime;
        ``(5) a study of the relationship of alcohol use to family 
    violence;
        ``(6) a study of the relationship of alcoholism to illnesses, 
    particularly those illnesses with a high stress component, among 
    family members of alcoholics;
        ``(7) an evaluation of the effectiveness of prevention programs, 
    including the relevance of alcohol control laws and regulations to 
    alcoholism and alcohol-related problems;
        ``(8) a survey of the unmet research needs in the area of 
    alcoholism and alcohol-related problems;
        ``(9) a survey of the prevalence of occupational alcoholism and 
    alcohol abuse programs offered by Federal contractors; and
        ``(10) an evaluation of the needs of special and underserved 
    population groups, including American Indians, Alaskan Natives, 
    Native Hawaiians, Native American Pacific Islanders, youth, the 
    elderly, women, and the handicapped and assess the adequacy of 
    existing services to fulfill such needs.
    ``(c) The Commission shall submit to the President and the Congress 
such interim reports as it deems advisable and shall within two years 
after the date on which funds first become available to carry out this 
section submit to the President and the Congress a final report which 
shall contain a detailed statement of its findings and conclusions and 
also such recommendations for legislation and administrative actions as 
it deems appropriate. The Commission shall cease to exist sixty days 
after the final report is submitted under this subsection.
    ``(d) The Secretary of Health and Human Services shall be 
responsible for the coordination of the activities of the Commission.
    ``(e) There are authorized to be appropriated for the purposes of 
this section $1,000,000 to remain available until the expiration of the 
Commission.''


                            Cross References

    Appointments to advisory committees established to assist in 
implementing this chapter, without regard to political affiliations, see 
section 217a-1 of this title.
