An Act to amend the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, and for other purposes.
PL 94-371 (S.3184), enacted 07/26/1976

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-
ment, and Rehabilitation Act of 1970, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of America 
in Congress assembled, That this Act be 
cited as the ''Comprehensive Alcohol Abuse and Alcoholism Preven-
tion, Treatment, and Rehabilitation Act Amendments of 1976". 
SEC. 2. Section 2(b) of the Comprehensive Alcohol Abuse and 
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 
(hereinafter in this Act referred to as "'the Act"') is amended to 
read as follows: 
"(b) It is the policy of the United States and the purpose of this 
Act to approach alcohol abuse and alcoholism from a comprehensive 
community care standpoint, and to meet the problems of alcohol 
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 
programs; 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 
"and" after "1975," and (2) by inserting after "1976," the following: 
"$70,000,000 for the fiscal year ending September 30,1977, $77,000,000 
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 the end 
thereof the following new sentence: "In determining the extent of a 
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 
the last sentence thereof. 
(b) Effective July 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 July 1,1976— 
(1) sections 304(d) and 311(d) of the Act are repealed, 
(2) section 304 of the Act (A) is transferred to part B of the 
Act, (B) is inserted before section 311, and (C) is redesignated 
as section 310, and 
July 26, 1976 
[S. 31841 
Comprehensive 
Alcohol Abuse 
and Alcoholism 
Prevention, 
Treatment, and 
Rehabilitation 
Act Amendments 
of 1976. 
42 use 4541 
note. 
42 use 4541. 
Appropriation 
authorization. 
42 use 4571. 
Regulation. 
42 use 4572. 
42 use 4574. 
Repeals. 
42 use 4577. 
90 STAT. 1036 
PUBLIC LAW 94-371—JULY 26, 1976 
42 use 4577. 
(3) part B of the Act is amended by inserting after section 311 
the following; new section: 
42 use 4578. 
Ante, p. 1035. 
42 use 4576. 
State plans, 
approval. 
42 use 4573. 
42 use 300m-3. 
42 use 4572. 
Review; reports. 
42 use 4581. 
Effective date. 
42 use 4573 
note. 
42 use 4572. 
Regulations; 
report to the 
Secretary of 
HEW. 
"AUTHORIZATIONS OF APPROPRIATION* 
"3EC. 312. For 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.". 
(d) Section 310(a) of the Act (as so redesignated) is amended (1) 
by striking out "September 30,1977" and inserting in lieu thereof "Sep-
tember 30,1979", and (2) by striking out "three grants" and inserting 
in lieu thereof "six grants". 
SEC. 5. (a) Section 303(a) (3) of the Act is amended by inserting 
"and at least one representative of the Statewide Health Coordinating 
Council established pursuant to section 1524 of the Public Health 
Servdce Act," after "alcoholism,". 
(b) (1) Section 303(a) of the Act is further amended by striking 
out "and" at the end of paragraph (10), by redesignating paragraph 
(11) as paragraph (16) and by inserting after paragraph (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-
party payment plans; 
"(12) provide assurance that 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; 
"(14) provide reasonable assurance that prevention or treat-
ment projects or programs supported by funds made available 
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; 
"(15) provide that the State agency will review admissions to 
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". 
(2) The amendments made by paragraph (1) shall apply with 
respect to State plan requirements for allotments under section 302 
of the Act after June 30, 1976. 
(c)(1) Section 303 of the Act is further amended by inserting at the 
end thereof the following new subsection: 
"(c) The Secretary shall by regulation require, as a condition to the 
approval of the State plan, that the State for which such plan was 
submitted report to the Secretary (in such form and manner as the 
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 
Grants and 
contracts. 
42 use 4577. 
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: 
"SEC. 311(a) The Secretary, acting through the Institute, may make 
grants to public and nonprofit private entities and may enter into con-
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 
population served by the project or program are of limited English-
speaking ability, 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 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. 
Limited English-
speaking 
individuals. 
90 STAT. 1038 
PUBLIC LAW 94-371—JULY 26, 1976 
42 use 4591. 
"(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.". 
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. 
"SEC 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 94-371—JULY 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 the 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. 
'SCIENTIFIC PEER REVIEW 
"SEC. 502. The Secretary, acting through the Institute, shall, by reg-
ulation, provide for review of all research grants and contracts, train-
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 
"SEC. 503. There are authorized to be appropriated for carrying out 
the 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 
"SEC. 504. (a) The Secretary acting through the Institute may 
designate National Alcohol Research Centers for the purpose of inter-
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. The 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, through 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 
that will afford access to scientific alcohol literature); 
"(C) the applicant has facilities and personnel to provide 
training 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-
graduate and graduate students, and for medical and osteo-
pathic students and physicians; 
Regulations. 
42 use 4586. 
42 use 4587. 
Designation. 
42 use 4588. 
9-194 O—78—pt. 1 
69 
90 STAT. 1040 
PUBLIC LAW 94-371—JULY 26, 1976 
Annual grants, 
limitations. 
Appropriation 
authorization. 
42 use 3511. 
Evaluation and 
recommendations. 
21 use 1176. 
Effective date. 
21 use 1176 
note. 
42 u s e 2688a, 
2688k, 2688n-l. 
Effective date. 
21 u s e 1176 
note. 
21 u s e 1177. 
Programs for 
women and 
juveniles, 
applications. 
"(2) the application contains a detailed five-year plan for 
research relating to alcoholism and other alcohol problems. 
"(b) The Secretary shall, under such conditions as the Secretary 
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). 
"(c) There are autliorized to be appropriated to carry out the pur-
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.". 
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: 
"(d) The Secretary of Health, Education, and Welfare, acting 
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 
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;". 
(2) The amendment made by paragraph (1) shall apply with respect 
to State plans submitted for grants under section 401 of the Drug 
Abuse Office and Treatment Act of 1972 after June 30, 1976. 
(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". 
(2) The amendment made by paragraph (1) shall apply with 
respect to allotments under section 409(c) of the Drug Abuse Office 
and Treatment Act of 1972 after June 30,1976. 
(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: 
"(d) The Secretary shall give special consideration to applications 
under this section for programs and projects for prevention and treat-
ment of drug abuse and drug dependence by women and for programs 
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 
to applications submitted for grants or contracts under section 410 of 
the Drug Abuse Office and Treatment Act of 1972 after June 30,1976. 
SEC. 11. (a) Section 321(a) of the Act is amended by inserting ", or 
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 
at the end thereof the following: "Each application for a grant under 
this section shall be submitted by the Secretary to the National Advis-
ory Council on Alcohol Abuse and Alcoholism for its review. The 
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 
to applications for grants under section 311 of the Act after June 30, 
1976. 
Approved July 26, 1976. 
Effective date. 
21 use 1177 
note. 
21 u s e 1177. 
42 u s e 4581. 
42 u s e 4577. 
Application, 
review. 
Approval. 
Effective date. 
42 u s e 4577 
note. 
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.