An Act to establish a Special Action Office for Drug Abuse Prevention and to concentrate t He resources of the Nation against the problem of drug abuse
PL 92-255 (S.2097), enacted 03/21/1972

86 STAT.] 
PUBLIC LAW 92-255-MAR. 21, 1972 
65 
this Act and (a) whose names appear on the February 5, 1937, pay-
ment roll of the Gros Ventre Tribe of the Fort Belknap Reservation, 
or (b) who are descended from a person whose name appears on said 
roll, if such member possesses a greater degree of Gros Ventre blood 
than Assiniboine blood. If such member possesses equal quantums of 
Gros Ventre and Assiniboine blood he may elect to participate in the 
per capita distribution authorized by this section, in which event he 
shall not be eligible to participate in any per capita distribution of an 
Assiniboine judgment. A share or interest payable to enrollees or their 
heirs or legatees who are less than eighteen years of age or under legal 
disability shall be paid in accordance with such procedures, including 
the establishment of trusts, as the Secretary determines appropriate 
to protect the best interest of such persons. 
SEC. 3. The balance of each tribe's share of the funds may be 
advanced, expended, invested, or reinvested for any purposes that are 
authorized by the respective tribal governing bodies and approved by 
the Secretary of the Interior. 
SEC, 4. None of the funds distributed per capita under the pro-
visions of this Act shall be subject to Federal or State income taxes, 
and the per capita payments shall not be considered as income or 
resources when determining the extent of eligibility for assistance 
under the Social Security Act. The provision of this section regarding 
eligibility for assistance under the Social Security Act is enacted in 
recognition of unique circumstances applicable to the tribes involved, 
and shall not be regarded as a precedent or as a general policy for 
application to other tribes. 
SEC. 5. The Secretary of the Interior is authorized to prescribe 
rules and regulations to carry out the provisions of this Act. 
Approved March 18, 1972. 
Restriction. 
Minors, pay-
ment procedures. 
Tax exemption. 
49 Stat. 620. 
42 u s e 1305. 
Rules and 
regulations. 
Public Law 92-255 
AN ACT 
To establish a Special Action Office for Drug Abuse Prevention and to concentrate 
the resources of the Nation against the problem of drug abuse. 
March 21, 1972 
[S.2097] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ 
§ 1. Short title. 
This Act may be cited as the "Drug Abuse Office and Treatment Act 
of 1972". 
Drug Abuse 
Office and 
Treatment Act 
of 1972. 
66 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
TITLE I—FINDINGS AND DECLARATION OF POLICY; 
DEFINITIONS; TERMINATION 
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 con-
tributes 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 com-
prehensive, coordinated long-term Federal strategy that encom-
passes 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. 
§ 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 
immediate objective of significantly reducing the incidence of drug 
, 
abuse in the United States within the shortest possible period of time, 
and to develop a comprehensive, coordinated long-term Federal 
strategy to combat drug abuse. 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
67 
§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, training, 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 inter-
national negotiations at any level, whether with foreign govern-
ments, 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 sub-
ject 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 nar-
cotics control; and 
(D) the detection and suppression of illicit drug supplies. 
§ 104. Termination. 
Effective June 30,1975, the Office, each of the positions in the Office 
of Director, Deputy Director, and Assistant Director, and the National 
Advisory Council for Drug Abuse Prevention established by section 
251 of this Act are abolished and title I I is repealed. 
TITLE II—SPECIAL ACTION OFFICE FOR DRUG ABUSE 
PREVENTION 
Chapter 
Section 
1. GENERAL PROVISIONS 
; 
201 
2. FUNCTIONS OF THE DIRECTOR 
•• 
221 
3. ADVISORY 
COUNCIL 
251 
Chapter 1.—GENERAL PROVISIONS 
Sec. 
201. Establishment of Office. 
202. Appointment of Director. 
203. Appointment of Deputy Director. 
204. Appointment of Assistant Directors. 
205. Delegation. 
206. Officers and employees. 
207. Employment of experts and consultants. 
208. Acceptance of uncompensated services. 
209. Notice relating to the control of dangerous drugs. 
210. Grants and contracts. 
211. Acting Director and Deputy Director. 
212. Compensation of Director, Deputy Director, and Assistant Directors. 
213. Statutory requirements unaffected. 
214. Appropriations authorized. 
§ 201. Establishment of Office. 
There is established in the Executive Office of the President an 
office to be known as the Special Action Office for Drug Abuse Preven-
tion (hereinafter in this Act referred to a,s the "Office"). The establish-
ment of the Office in the Executive Office of the President shall not 
be construed as affecting access by the CJongress, or committees of 
either House, (1) to information, documents, and studies in the posses-
sion of, or conducted by, the Office, or (2) to personnel of the Office. 
68 
PUBLIC LAW 92-255-MAR. 21, 1972 
i 
[86 STAT. 
§ 202. Appointment of Director. 
There shall be at the head, of the Office a Director who shall be 
appointed by the President, by and with the advice and consent of 
the Senate. 
§ 203. Appointment of Deputy Director. 
There shall be in the Office a Deputy Director who shall be appointed 
by the President, by and w4th the advice and consent of the Senate. 
I h e 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. Appointment of Assistant Directors. 
There shall be in the Office not to exceed six Assistant Directors 
appointed by the Director. 
§ 205. Delegation. 
LTnless 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. 
§ 206. 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 
83^stat^\'9o^'' 
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, 17, and 18 under section 510S of title 5, United States 
s/stat^'ioss^' 
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 ten positions in the Office may be placed in grades GS-16, 
17, and 18, but in accordance with the procedures prescribed under such 
section 5108. The authority for such additional positions shall 
terminate on the date specified in section 104 of this Act. 
§ 207. Employment of experts and consultants. 
The Director may procure services as authorized by section 3109 of 
80 Stat. 416. 
title 5, United States Code, and may pay a rate for such services not in 
5 j;sc 5332 
excess of the rate in effect for gracle 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 tha;t, at any one time, not morp than fifteen individuals may be 
employed under this section without regard, to such limitation. 
§ 208. Acceptance of uncompensated services. 
The Director is authorized to accept and employ in furtherance of 
the purpose of this Act or any Federal drug abuse prevention function, 
voluntary and uncompensated services notwithstanding the provisions 
of section 3679 (b) of the Kevised Statutes (31 U.S.C. 665 (b)). 
§209. 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 sub-
stance (as defined in section 101(6) of the Controlled Substances 
21 u^c 80/^' 
-^^^^' ^^^ ^ potential for abuse, or 
note. 
86 STAT. ] 
PUBLIC L
A
W 92-255-MAR. 21, 1972 
69 
(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. Infor-
mation forwarded to the Attorney General pursuant to section 201(f) 
of such Act shall also be forwarded by the Secretary of Health, Edu-
cation, and Welfare to the Director. 
§ 210. Grants and contracts. 
(a) In carrying out any of his functions under this title, the Direc-
tor is authorized to make grants to any public or nonprofit private 
agency, organization, or institution, and to enter into contracts with 
any agency, organization, or institution, or with any individual. 
(b) To the extent he deems it appropriate, the Director may rec[uire 
the recipient of a grant or contract under this section to contribute 
money, facilities, or services for carrying out the program and activity 
for which such grant or contract was made. 
(c) Payments pursuant to a grant or contract under this section 
may be made (after necessary adjustment, in the case of grants, 
on account of previously made overpayments or underpayments) in 
advance or by way of reimbursements, and in such installments and 
on such conditions as the Director may determine. 
(d) Any Federal department or agency may enter into grant or 
contractual arrangements with the Director and, pursuant to such a 
grant or contractual arrangement, may exercise any authority to use 
any personnel or facilities which would otherwise be available to such 
department or agency for the performance by it of its authorized 
fimctions. 
§ 211. Acting Director and Deputy Director. 
The President may authorize any person who immediately prior 
to the date of enactment of this Act held a position in the executive 
branch of the Government to act as the Director or Deputy Director 
until the position in question is for the first time filled pursuant to 
the provisions of this title "or by recess appointment, as the case may 
be, and the President may authorize any such person to receive the 
compensation attached to the office in respect of which he serves. Such 
compensation, if authorized, shall be in lieu of but not in addition to 
other compensatit)n from the United States to which such person may 
be entitled. 
§ 212. Compensation of Director, Deputy Director, and Assistant 
Directors. 
(a) Section 5313 of title 5, United States Code, is amended by 
adding at the end thereof the following: 
"(21) Director of the Special Action Office for Drug Abuse 
Prevention." 
(b) Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following: 
"(95) Deputy Director of the Special Action Qffice for Drug 
Abuse Prevention." 
(c) Section 5316 of title 5, United States Code, is amended by 
adding at the end thereof the following: 
"(131) Assistant Directors, Special Action Office for Drug 
Abuse Prevention (6)." 
§ 213. Statutory requirements unaffected. 
Except as authorized in section 225, nothing in this Act authorizes 
or permits the Director or any other Federal officer to waive or dis-
regard any limitation or requirement, including standards, criteria, or 
cost-sharing formulas, prescribed by law with respect to any Federal 
84 Stat. 1247. 
21 u s e 812. 
21 u s e 811. 
Recipients. 
eontributions. 
Payments. 
Federal depart-
ment or agency, 
contractual 
arrangements. 
eompensatlon. 
80 Stat. 460; 
83 Stat. 864; 
84 Stat. 1888. 
84 Stat. 1604. 
84 Stat. 968. 
70 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
program or activity. Except with respect to the conduct of drug abuse 
prevention functions, nothing in this Act 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 furnishing health care to veterans. 
§ 214. Appropriations authorized. 
(a) (1) For the purposes of carrying out the provisions of this title, 
except for the provisions of sections 223 and 224, there are authorized 
to be appropriated $5,000,000 for the fiscal vear ending June 30,1972; 
$10,000,000 for the fiscal year ending June 30, 1973; $11,000,000 for 
the fiscal year ending June 30, 1974; and $12,000,000 for the fiscal 
year ending June 30,1975. 
(2) For the purpose of carrying out the provisions of section 223, 
there is authorized to be appropriated $40,000,000 for each of the fiscal 
years ending June 30,1973, June 30,1974, and June 30,1975. 
(3) For the purpose of making grants and contracts under section 
224, there are authorized to be appropriated $20,000,000 for the fiscal 
year ending June 30, 1973, $25,000,000 for the fiscal year ending June 
30, 1974, and $30,000,000 for the fiscal year ending June 30,1975. 
(b) Sums appropriated under subsection (a) of this section shall 
remain available for obligation or expenditure in the fiscal year for 
which appropriated and in the fiscal year next following. 
Chapter 2.—FUNCTIONS OF THE DIRECTOR 
Sec. 
221. ©oncentration of Federal effort. 
222. Funding authority. 
223. Special Fund. 
224. Encouragement of certain research and development. 
225. Single non-Federal share requirement. 
226. Recommendations regarding drug traflSc prevention functions. 
227. Resolution of certain conflicts. 
228. Liaison with respect to drug traflic prevention. 
229. Technical assistance to State and local agencies. 
230. Management oversight review. 
231. Federal drug council authorized. 
232. International negotiations. 
233. Annual report. 
§ 221. Concentration of Federal effort. 
(a) The Director shall provide overall planning and policy and 
establish objectives and priorities for all Federal drug abuse preven-
c^n^'c^r'^^ 
tion functions. In carrying out his functions under this subsection, 
consultation. 
the Dlrcctor shall consult, from time to time, with the National 
Advisory Council for Drug Abuse Prevention. 
(b) For the purpose of assuring the effectuation of the planning 
and policy and the achievement of the objectives and priorities pro-
vided or established pursuant to subsection (a), the Director shall 
(1) review the regulations, guidelines, requirements, criteria, 
and procedures of operating agencies in terms of their consistency 
with the policies, priorities, and objectives he provides or estab-
lishes, and assist such agencies in making such additions thereto 
or changes therein as may be appropriate; 
(2) recommend changes in organization, management, and 
personnel, which he deems advisable to implement the policies, 
priorities, and objectives he provides or establishes; 
(3) review related Federal legislation in the areas of health, 
education, and welfare providing for medical treatment or assist-
ance, vocational training, or other rehabilitative services and, 
consistent with the purposes of this Act, assure that the respective 
administering agencies construe drug abuse as a health problem: 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
71 
(4) conduct or provide for tlie conduct of evaluations and 
studies of the performance and results achieved by Federal drug 
abuse prevention functions, and of the prospective j)erformance 
and results that might be achieved by alternative programs and 
activities supplementary to or in lieu of those currently being 
administered; 
(5) require departments and agencies engaged in Federal drug 
abuse prevention functions to submit such information and reports 
with respect thereto as the Director determines to be necessary to 
carry out the purposes of this Act, and such departments and 
agencies shall submit to the Director such information and reports 
as the Director may reasonably require; 
(6) except as provided in the second sentence of section 213, 
^"""g f^u^e 
(A) coordinate the performance of drug abuse prevention tTons*rco°rrdhrr-" 
functions by Federal departments and agencies; and 
tion. 
(B) coordinate the performance of svich functions by Fed-
eral departments and agencies with the performance by Fed-
eral departments and agencies of other functions which the 
Director determines may have an important bearing on the 
success of the entire Federal effort against drug abuse; and 
(7) develop improved methods for determining the extent of 
drug addiction and abuse in the United States. 
§ 222. Funding authority. 
In implementation of his authority under section 221, and to carry 
out the purposes of this Act, the Director is authorized 
(1) to review and as he deems necessary modify insofar as they 
pertain to Federal drug abuse prevention functions, 
(A) implementation plans for any Federal program, and 
(B) the budget requests of any Federal department or 
agency; and 
(2) to the extent not inconsistent with the applicable appro-
priation Acts, to make funds available from appropriations to 
Federal departments and agencies to conduct drug abuse preven-
tion functions. 
§ 223. Special Fund. 
(a) There is established a Special Fund (hereinafter in this section 
Establishment. 
referred to as the "fund") in order to provide additional incentives to 
Federal departments and agencies to develop more effective drug abuse 
prevention functions and to give the Director the flexibility to encour-
age, and respond quickly and effectively to, the development of 
promising programs and approaches. 
(b) Except as provided in subsection (c) of this section, sums 
utilization. 
appropriated to the fund may be utilized only after their transfer, 
upon the order of the Director and at his discretion, to any Federal 
department or agency (other than the Office) and only for the purpose 
of 
(1) developing or demonstrating promising new concepts or 
methods in respect of drug abuse prevention functions; or 
(2) supplementing or expanding existing drug abuse preven-
tion functions which the Director finds to be exceptionally effective 
or for which he finds there exists exceptional need. 
(c) Not more than 10 per centum of such sums as are appropriated 
Limitation. 
to the fund may be expended by the Director through the Office to 
develop and demonstrate promising new concepts or methods in respect 
of drug abuse prevention functions. 
§ 224. Encouragement of certain research and development. 
In carrying out his functions under section 221, the Director shall 
encourage and promote (by grants, contracts, or otherwise) expanded 
research programs to create, develop, and test 
Waiver. 
72 
PUBLIC LAW 92-255-MAR. 21,1972 '' 
[86 STAT. 
(1) nonaddictive synthetic analgesics to repLace opinm and its 
derivatives in medical use; 
(2) long-lasting, nonaddictive blocking or antagonistic drugs 
or other pharmacological substances for treatment of heroin 
addiction; and 
(3) detoxification agents which, when administered, will ease 
the physical effects of withdrawal from heroin addiction. 
search^'faciiuies 
^^ Carrying out this section the Director is authorized to establish, or 
establishment. ' 
provide for the establishment of, clinical research facilities. 
§ 225. Single non-Federal share requirement. 
Where funds are made available by more than one Federal agency 
to be used by an agency, organization, or individual to carry out a drug 
abuse prevention function, a single non-Federal share requirement may 
be established according to the proportion of funds advanced by each 
Federal agency, and the Director may order any such agency to waive 
any technical grant or contract requirement established in regulations 
which is inconsistent with the similar requirement of the other Federal 
agency or which the other Federal agency does not impose. 
§226. Recommendations regarding drug traffic prevention func-
tions. 
The Director may make recommendations to the President in con-
nection with any Federal drug traffic prevention function, and shall 
consult with and be consulted by all responsible Federal departments 
^ 
and agencies regarding the policies, priorities, and objectives of such 
functions. 
§ 227. Resolution of certain conflicts. 
Findings and 
jf ^}IQ Director determines in writing that the manner in which any 
determinations, 
-r-« i 
i n 
x 
j. 
• 
i 
x- 
i 
i 
submittal to 
Federal department or agency is conducting any drug abuse preven-
President. 
tion fuuctlon Or drug traffic prevention function substantially impairs 
the effective conduct of any other such function; he shall submit in 
writing his findings and determinations to the President, who may 
direct the Federal department or agency in question to conduct the 
function thereafter under such policy guidelines as the President may 
specify to eliminate the impairment. 
§228. Liaison with respect to drug traffic prevention. 
One of the Assistant Directors of the Office shall maintain commu-
nication and liaison with respect to all drug traffic prevention functions 
of the Federal Government. 
§ 229. Technical assistance to State and local agencies. 
(a) The Director shall 
(1) coordinate or assure coordination of Federal drug abuse 
prevention functions with such functions of State and local gov-
ernments; and 
(2) provide for a central clearinghouse for Federal, State, and 
local governments, public and private agencies, and individuals 
seeking drug abuse information and assistance from the Federal 
Government. 
(b) In carrying out his functions under this section, the Director 
may 
(1) provide technical assistance—including advice and consul-
tation relating to local programs, technical and professional assist-
ance, and, where deemed necessary, use of task forces of public 
officials or other persons assigned to work with State and local 
governments—to analyze and identify State and local drug abuse 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
73 
problems and assist in the development of plans and programs to 
meet the problems so identified; 
(2) convene conferences of State, local, and Federal officials, and 
such other persons as the Director shall designate, to promote the 
purposes of this Act, and the Director is authorized to pay reason-
able expenses of individuals incurred in connection with their par-
ticipation in such conferences; 
(3) draft and make available to State and local governments 
model legislation with respect to State and local drug abuse pro-
grams and activities; and 
(4) promote the promulgation of uniform criteria, procedures, 
and forms of grant or contract applications for drug abuse control 
and treatment proposals submitted by State and local governments 
and private organizations, institutions, and individuals. 
(c) In implementation of his authority under subsection (b)(1), 
the Director may 
(1) take such action as may be necessary to request the assign-
ment, with or without reimbursement, of any individual employed 
by any Federal department or agency and engaged in any Federal 
drug abuse prevention function or drug traffic prevention function 
to serve as a member of any such task force; except that no such 
person shall be so assigned during any one fiscal year for more 
than an aggregate of ninety days without the express approval of 
the head of the Federal department or agency with respect to 
which he was so employed prior to such assignment; 
(2) assign any person employed by the Office to serve as a mem-
ber of any such task force or to coordinate management of such 
task forces; and 
(3) enter into contracts or other agreements with any person or 
organization to serve on or work with such task forces. 
§ 230. Management oversight review. 
The Director may, for a period not to exceed thirty days in any one 
calendar year, provide for the exercise or performance of a manage- 
.., . :)-^_u ^ 
ment oversight review with respect to the conduct of any Federal drug-
abuse prevention function. Such review may be conducted by an officer 
of any Federal department or agency other than the department or 
agency conducting such function. The officer shall submit a written 
Report to 
report to the Director concerning his findings. 
§ 231. Federal drug council authorized. 
To promote the purposes of this Act, the Director may convene, at 
his discretion, a council of officials representative of Federal depart-
ments and agencies, including intelligence agencies, responsible for 
Federal drug abuse prevention functions or Federal drug traffic pre-
vention functions. 
§ 232. International negotiations. 
The President may designate the Director to represent the Govern-
ment of the United States in discussions and negotiations relating to 
drug abuse prevention, drug traffic prevention, or both. 
§ 233. Annual report. 
The Director shall submit to the President and the Congress, prior ^ Report to 
to March 1 of each year which begins after the enactment of this title, " " '" ' 
a written report on the activities of the Office. The report shall specify 
the objectives, activities, and accomplishments of the Office, and shall 
contain an accounting of funds expended pursuant to this title. 
Director. 
President and 
Congress. 
74 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
Chapter 3.—ADVISORY COUNCIL 
Sec. 
251. Establi.slinieiit <
»
f Council. 
252. Membership of the Council. 
258. Chairman; meetings. 
254. Compensation and expenses. 
255. Functions of the Council. 
§ 251. Establishment of Council. 
There is established a Xational Advisory C^ouncil for Drug Abuse 
J^revention (hereinafter in this chapter i-eferred to as the "Council") 
which shall consist of fifteen members. 
§ 252. Membership of the Council. 
(a) The Secretary of Health, Education, and Welfare, the Secretary 
of Defense, and the Administrator of Veterans' Affairs, or their 
respective designees, shall be members of the Council ex officio. 
(b) The remaining members of the (^ouncil shall be appointed by the 
J'resident and shall serve at his pleasure. Appointments shall be made 
from persons who by virtue of their education, training, or experience 
are qualified to carry out the functions of members of the (^ouncih Of 
the members so appointed, four shall be officials of State or local gov-
ernments oi' governmental agencies who are actively engaged in drug 
abuse prevention functions, 
§ 253. Chairman; meetings. 
The President shall designate the Chairman of the Comicil. The 
Council shall meet at the call of the Chairman, but not less often than 
four times a year. 
§ 254. Compensation and expenses. 
Meml)ers of the Council (other than uiembers who are full-time 
officers or employees of the T'nited States) shall, while serving on busi-
ness of the Council, be entitled to receive a per diem allowance at rates 
not to exceed the daily equi^'alent of the rate authorized for grade 
5 use 5 332 
( T S - 1 8 of tlic General Schedule. Each member of the Council, while so 
serving away from his home or regular place of business, may be 
allowed actual travel expenses and per diem in lieu of subsistence as 
,^°.^*^';A^^' 
authorized by section 5708 of title 5 of the United States Code for 
persons in the Government service employed intermittently. 
§ 255. Functions of the Council. 
(a) The Council shall, from time to time, make reconnnendations to 
the Director with respect to overall i^lamiing and policy and the objec-
tives and priorities for all Federal drug abuse prevention functions. 
(b) The Council may make reconnnendations to the Director with 
respect to- the conduct of. or need for. any drug abuse prevention 
functions which are or in its judgment should be conducted by or with 
the support of tlu> Federal Government. 
TITLE III—NATIONAL DRUG ABUSE STRATEGY 
Sec. 
HOI. Development of strjiteyy rei|uire(l. 
a()2. Stratejty Council. 
.S()3. Content of stratejiy. 
•U)4. I'reparation of stratejiy. 
'M)o. "Review and revision. 
§ 301. Development of strategy required. 
Innnediately upon the enactment of this title, the President shall 
direct the develo])ment of a comprehensive, coordinated long-term 
Federal strategy (hereinafter in this title ivferred to as the "strategy'*) 
for all drug alnise ])reventi()n functions and all drug ti'affic ])reventiou 
note 
83 Stat. 190. 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
75 
functions conducted, sponsored, or supported by any department or 
agency of the Federal Government. The strategy shall be initiially pro-
mulgated by the President no later than nine months after the enact-
ment of this title. 
§ 302. Strategy Council. 
To develop the strategy, the President shall establish a Strategy 
Council whose membership shall include the Dii-eotor of the Special 
Action Office for Drug Abuse Prevention until the date specified in 
section 104 of this Act, the Attorney Genei'al, the Secretaries of Health, 
Education, and Welfare, State, and Defense, the Administrator of 
Veterans' Affairs, and other officials as the President may deem appro-
priate. Until the date specified in section 104 of this Act, the Director 
shall provide such services as are required to assure that the strategy 
is prepared, and thereafter such services shall be provided by such offi-
cer or agency of the United States as the President may designate. The 
strategy shall be subject to review and written comment by those Fed-
eral officials participating in its preparation. 
§ 303. Content of strategy. 
The strategy shall contain 
(1) an analysis of the nature, character, and extent of the drug 
abuse problem in the United States, including examination of the 
interrelationships between various approaches to solving the drug 
abuse problem and their potential for interacting both positively 
and negatively with one another; 
(2) a comprehensive Federal plan, with respect to both drug 
abuse prevention functions and drug traffic prevention functions, 
which shall specify the objectives of the Federal strategy and how 
all available resources, funds, programs, services, and facilities 
authorized under relevant Federal law should be used; and 
(3) an analysis and evaluation of the major programs con-
ducted, expenditures made, results achieved, plans developed, and 
problems encountered in the operation and coordination of the 
various Federal drug abuse prevention functions and drug traffic 
prevention functions. 
§ 304. Preparation of strategy. 
To facilitate the preparation of the strategy, the Council shall 
(1) engage in the planning necessary to achieve the objectives 
of a comprehensive, coordinated long-term Federal strategy, 
including examination of the overall Federal investment to combat 
drug abuse; 
(2) at the request of any member, require departments and 
agencies engaged in Federal drug abuse prevention functions and 
drug traffic prevention functions to submit such information and 
reports and to conduct such studies and surveys as are necessary 
to carry out the purposes of this title, and the departments and 
agencies shall submit to the Council and to the requesting member 
the information, reports, studies, and surveys so required; 
(3) evaluate the performance and results acliieved by Federal 
drug abuse prevention functions and drug traffic prevention func-
tions and the prospective j^erformance and results that might be 
achieved by programs and activities in addition to or in lieu of 
those currently being administered. 
§ 305. Review and revision. 
The strategy shall be reviewed, revised as necessary, and promul-
gated as revised from time to time as the President deems appropriate, 
but not less often than once a year. 
76 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
TITLE 
IV—OTHER 
FEDERAL PROGRAMS 
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, Education, and Welfare. 
406. Additional drug abuse prevention functions of the Secretary of Health, Edu-
cation, and Welfare. 
407. Admission of drug abusers to hospitals for emergency treatment. 
408. Confidentiality of patient records. 
409. Formula grants. 
410. Special project grants and contracts. 
411. Records and audit. 
412. National Drug Abuse Training Center. 
413. Drug abuse among Federal civilian employees. 
§ 401. Community mental health centers. 
(a) Section 221 of the Community Mental Health Centers Act (42 
g^79^stat^^428; 
U.S.C. 2688a) is amended by adding at the end thereof the following 
new subsection: 
"(c) If an application for a grant under this part for a community 
mental health center is made for any fiscal year beginning after June 
30, 1972, and— 
" (1) the Secretary determines that it is feasible for such center 
to provide a treatment and rehabilitation program for drug 
addicts and other persons with drug abuse and other drug depend-
ence problems residing in the area served by the center and that 
the need for such a program in that area is of such a magnitude 
as to warrant the provision of such a program by the center, 
such application may not be approved unless it contains or is 
supported by assurances satisfactory to the Secretary that the 
center will provide such program in such fiscal year; or 
"(2) the Secretary determines that it is feasible for the center 
to assist the Federal Government in treatment and rehabilitation 
programs for drug addicts and other persons with drug abuse 
and other drug dependence {)roblems who are in the area served 
by the center, such application may not be approved unless it 
contains or is supported by assurances satisfactory to the Secre-
tary that the center will enter into agreements with departments 
or agencies of the Government under which agreements the center 
may be used (to the maximum extent practicable) in treatment 
and rehabilitation programs (if any) pro\ ided by such depart-
ments or agencies. 
For the purpose of making grants under this part to assist community 
mental health centers to meet the requirements of this subsection there 
are authorized to be appropriated $60,000,000 for the fiscal year ending 
June 30,1973, $60,000,000 for the fiscal year ending June 30,1974, and 
$60,000,000 for the fiscal year ending June 30,1975." 
Treatment 
^j^) Sectiou 251 of the Commuuity Mental Health Centers Act 
82sJa'."ioo9; 
(42 U.S.C. 2688k) Is amended— 
84 Stat. 58, 1238. 
^j^j jjy inserting in subsection (a) "or leasing" after "con-
struction", 
(2) by inserting in subsection (a) "facilities for emergency 
medical services, intermediate care services, or outpatient services, 
or" immediately before "posthospitalization treatment facilities", 
(3) by inserting in subsection (a) "or leased" after "con-
structed", and 
(4) by inserting in subsection (b) "or leasing" after "construc-
tion" the first time it appears. 
(c) Section 256(e) of the Community Mental Health Centers Act 
(42 U.S.C. 2688n-l) is amended (1) by striking out "and $35,000,000" 
84 Stat. 1 2 3 9 . 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
77 
and inserting in lieu thereof "$60,000,000'', and (2) by striking out 
the period at the end and inserting in lieu thereof "; and $75,000,000 
for the fiscal year ending June 30,1974.". 
§ 402. Public Health Service facilities. 
(a) Section 341(a) of the Public Health Service Act (42 U.S.C. 
257(a)) (relating to care and treatment of narcotic addicts and other 
^o stat. 1449; 
drug abusers) is amended by adding at the end thereof the following ^'^ '^'' ^^'*°" 
new sentence: "In carrying out this subsection, the Secretary shall 
establish in each hospital and other appropriate medical facility of 
the Service a treatment and rehabilitation program for drug addicts 
and other persons with drug abuse and drug dependence problems who 
are in the area served by such hospital or other facility; except that 
the requirement of this sentence shall not apply in the case of any such 
hospital or other facility with respect to which the Secretary deter-
mines that there is not sufficient need for such a program in such 
hospital or other facility." 
(b) Section 341 of that Act is amended by adding at the end 
thereof the following new subsection: 
"(c) The Secretary may enter into agreements with the Adminis-
trator of Veterans' Affaii's, the Secretary of Defense, and the head of 
any other department or agency of the Government under which 
agreements hospitals and other appropriate medical facilities of the 
Service may be used in treatment and rehabilitation programs pro-
vided by such department or agency for drug addicts and other persons 
with drug abuse and other drug dependence pi'oblems who are in areas 
served by such hospitals or other facilities."' 
§ 403. State plan requirements. 
(a) Section 314(d) (2) (K) of the Public Health Service Act (42 
U.S.C. 246(d) (2) (K)) is amended by inserting after "problem" the 
84 stat. 1241. 
following: ", and include provisions for (i) licensing or accreditation 
of facilities in which treatment and rehabilitation programs are con-
ducted for persons with drug abuse and other drug dependence prob-
lems, and (ii) expansion of State mental health programs in the field 
of drug abuse and drug dependence and of other prevention and treat-
ment programs in such field". 
(b) Section 204 of the Community Mental Health Centers Act (42 
U.S.C. 2684) is amended by adding at the end thereof the following 
^7 stat. 291; 
^ 
,•' 
^ 
o 
^ 8 1 Stat. 79. 
new^ subsection: 
"(c) After June 30,1973, the Secretary may not approve any State 
plan unless it provides for treatment and prevention programs in the 
field of drug abuse and drug dependence, commensurate with the 
extent of the problem, and it includes the provisions required by sec-
tion 314(d) (2) (K) of the Public Health Service Act for State plans Supra. 
submitted under section 314(d) of such Act." 
§ 404. 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. 
§ 405. Special reports by the Secretary of Health, Education, and 
Welfare. 
(a) The Secretary of Health, Education, and Welfare (hereinafter co^ng^resVand 
in this title referred to as the "Secretary") shall develop and submit to Director. 
the Congress and the Director within ninety days after the date of 
enactment of this Act, a written plan for the administration and 
coordination of all drug abuse prevention functions within the Depart-
78 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
ineiit of Health, Education, and Welfare. Such report sliaU list each 
[)rogTani conducted and each service provided in carrying out such 
hnietions, describe liow such programs and services are to be coordi-
nated, and describe the steps taken or to be taken to insure that such 
programs and services will be administered so as to encourage the 
broadest possible participation of professionals and paraprofessionals 
in the fields of medicine, science, the social sciences, and other related 
disciplines. The ])lan shall he consistent with the policies, priorities, 
and objectives established by the Director under section 221 of this Act. 
(b) The Secretary shall submit to the Director, for inclusion in the 
annual report required by section 283 of this Act, a report describing-
model and experimental methods and programs for the treatment and 
rehabilitation of drug abusers, and describing the advantages of each 
such method and program and an evaluation of the success or failure of 
each such method or program. The Secretary's report shall contain 
recommendations for the development of new and improved methods 
and programs for the treatment and rehabilitation of drug abusers, 
for community implementation of such methods and programs, and 
for such legislation and administrative action as he deems appropriate. 
§ 406. Additional drug abuse prevention functions of the Secretary 
of Health, Education, and Welfare. 
(a) The Secretary shall 
(1) operate an information center for the collection, prepara-
tion, and dissemination of all information relating to drug abuse 
prevention functions, including information concerning State 
and local drug abuse treatment plans, and the availability of treat-
ment resources, training and educational programs, statistics, 
research, and other pertinent data and information; 
(2) investigate and publish information concerning uniform 
methodology and technology- for determining the extent and kind 
of drug use by individuals and effects which individuals are likely 
to experience from such use; 
(3) gather and publish statistics pertaining to drug abuse and 
promulgate regulations specifying uniform statistics to be 
furnished, records to be maintained, and reports to be submitted, 
on a voluntary basis by public and private entities and individuals 
respecting drug abuse; and 
(4) review, and publish an evaluation of, the adequacy and 
appropriateness of any provision relating to drug abuse prevention 
functions contained in the comprehensive State health, welfare, 
or rehabilitation plans submitted to the Federal Government 
pursuant to Federal laAV, including, but not limited to, those 
submitted pursuant to section 5(a) of the Vocational Rehabilita-
_ ^
^
^ ^ 
tion Act, sections '6U{d) (2) (K) and 604(a) of the Public Health 
4rusc 29id. 
Service Act, section 1902(a) of title X I X of the Social Security 
42us^cu°96a 
*^^^' '^^^'^ sectiou 20-1 (a) of part A of the Community Mental 
42 use 2 684^* 
Health Ccnters Act. 
(b) After December 31. 1974, the Secretary shall carry out his 
functions under subsection (a) through the Xational Institute on Drug 
Abuse. 
§ 407. Admission of drug abusers to hospitals for emergency treat-
ment. 
(a) Drug abusers Avho are suffering from emergency medical 
conditions shall not be refused admission or treatment, solely because 
of their drug abuse or drug dependence, by any private or public 
general hospital which recei ves support in any form from any program 
suj>ported in whole or in ])art by funds appropriated to any Federal 
department or agency. 
29 u s e 35 
Ante, 
p. 77 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
79 
(b) The Secretary is authorized to make regulations for the enforce-
ment of the policy of subsection (a). Such regulations shall include 
procedures for determining (after opportunity for a hearing if 
requested) if a violation of subsection (a) has occurred, notification 
of failure to comply with such subsection, and opportunity for a 
violator to comply with such subsection. If the Secretary determines 
that a hospital has violated subsection (a) and such violation continues 
after an opportunity has been afforded for compliance, the Secretary 
is authorized to suspend or revoke, after opportunity for a hearing, 
all or part of any support of any kind received by such hospital from 
any program administered by the Secretary. The Secretary may 
consult with the officials responsible for the administration of any 
other Federal program from which such hospital receives support of 
any kind, with respect to the suspension or revocation of Federal 
support for such hospital. 
§ 408. Confidentiality of patient records. 
(a) Kecords of the identity, diagnosis, prognosis, or treatment of any 
patient which are maintained in connection with the performance of 
any drug abuse prevention function authorized or assisted under any 
provision of this Act or any Act amended by this Act shall be confiden-
tial and may be disclosed only for the purposes and under the circum-
stances expressly authorized under subsection (b) of this section. 
(b) (1) If the patient, with respect to whom any given record 
referred to in subsection (a) of this section is maintained, gives his 
Avritten consent, the content of such record may be disclosed 
(A) to medical personnel for the purpose of diagnosis or treat-
ment of the patient, and 
(B) to governmental personnel for the purpose of obtaining 
benefits to whidh the patient is entitled. 
(2) If the patient, with respect to whom any given record referred 
to in subsection (a) of this section is maintained, does not give his 
written consent, the content of such record may be disclosed as follows: 
(A) To medical personnel to the extent necessary to meet a 
bona fide medical emergency. 
(B) To qualified personnel for the purpose of conducting scien-
tific research, management or financial audits, or program eval-
uation, but such personnel may not identify, directly or indirectly, 
any individual patient in any report of such research, audit, or 
evaluation, or otherwise disclose patient identities in any manner. 
(C) If authorized by an appropriate order of a court of com-
petent jurisdiction granted after application showing good cause 
therefor. In assessing good cause the court shall weigh the public 
interest and the need for disclosure against the injury to the 
patient, to the physician-patient relationship, and to the treat-
ment services. Upon the granting of such order, the court, in 
determining the extent to which any disclosure of all or any part 
of any record is necessary, shall impose appropriate safeguards 
against unauthorized disclosure. 
(c) Except as authorized by a court order granted under subsection 
(b) (2) (C) of this secticm, no record referred to in subsection (a) 
may be used to initiate or substantiate any criminal charges against 
a patient or to conduct any investigation of a patient. 
(d) The prdhibitions of this section continue to apply to records 
concerning any individual who has been a patient, irrespective of 
whether or when he ceases to be a patient. 
(e) Except as authorized under subsection (b) of this section, any 
Penalty. 
person who discloses the contents of any record referred to in sub-
section (a) shall be fined not more than $500 in the case of a first 
offense, and not more than $5,000 in the case of each subsequent 
offense. 
80 
PUBLIC LAW 92-255~MAR. 21, 1972 
[86 STAT. 
Appropriation. 
"State." 
State allot-
ments. 
Unobligated 
amounts, 
reallotment. 
§ 409. Formula grants. 
(a) There are authorized to be appropriated $15,000,000 for the fiscal 
year ending June 30, 1972, $30,000,000 for the fiscal year ending 
June 30,1973, $40,000,000 for the fiscal year ending June 30,1974, and 
$45,000,000 for t5he fiscal year ending June 30,1975, for grants to States 
in accordance with this section. For the purpose of this section, the 
term "State" includes the District of Columbia, the Virgin Islands, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the 
Trust Territory of the Pacific Islands, in addition to the fifty States. 
(b) Grants to States may be made under this section 
(1) for the preparation of plans which are intended to meet the 
requirements of subsection (e) of this section; 
(2) for the expenses (other than State administrative exiDenses) 
of (A) carrying out projects under and otherwise implementing 
plans approved by the Secretary pursuant to subsection (f) of 
this section, and (B) evaluating the results of such plans as 
actually implemented; and 
(3) for the State administrative expenses of carrying out plans 
approved by the Secretary pursuant to subsection (f) of this sec-
tion, except that no grant under this paragraph to any State for 
any year may exceed $50,000 or 10 ^)er centum of the total allot-
ment of that State for that year, whichever is less. 
(c) (1) For each fiscal year the Secretary shall, in accordance with 
regulations, allot the sums appropriated pursuant to subsection (a) for 
such year among the States on the basis of the relative population, 
financial need, and the need for more eft'ective conduct of drug abuse 
prevention functions, exce})t that no sucli allotment to any State 
(other than the Virgin Islands, Guam, American Samoa, and the 
Trust Territory of the Pacific Islands), shall be less than $100,000 
multiplied by a fraction whose numerator is the amount actually 
appropnated for the purposes of this section for the fiscal year for 
which the allotment is made, and whose denominator is the amount 
authorized to be appropriated by subsection (a) for that year. 
(2) Any amount allotted under paragraph (1) of this subsection to 
a State (other than the Virgin Islands, American Samoa. Guam, and 
the Trust Territory of the Pacific Islands) and remaining unobligated 
at the end of such year shall remain available to such State, for the 
purjxyses for which made, for the next fiscal year (and for such year 
only), and any such amount shall be in addition to the amounts allotted 
to such State for such purpose for such next fiscal year; except that 
any such amount, remaining unobligated at the end of the sixth month 
following the end of such year for which it was allotted, which the 
Secretary detei^mines will remain imobligated by the close of such 
next fiscal year, may be reallotted by the Secretary to be available for 
the purposes for wnich made until the close of such next fiscal year, 
to other States which have need therefor, on such basis as the Secretary 
deems equitable and consistent with the purposes of this section, and 
any amount so reallotted to a State shall be in addition to the amounts 
allotted and available to the States for the same period. Any amount 
allotted under paragraph (1) of this subsection to the Virgin Islands, 
American Samoa, Guam, or the Trust Territory of the Pacific Islands 
for a fiscal year and remaining unobligated at the end of such year 
shall remain available to it. for the purposes for which made, for the 
next two fiscal years (and for such years only), and any such amount 
shall be in addition to the amounts allotted to it for such purpose 
for each of such next two fiscal years: except that any such amount, 
remaining unobligated at the end of the fii'st of such next two years, 
which the Secretary determines will remain unobligated at the close 
of the second of such next two years, may be reallotted by the Secre-
tary, to be available for the purposes for which made until the close of 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
81 
the second of such next two years, to any other of such four States 
which have need therefor, on such basis as the Secretary deems equi-
table and consistent with the purposes of this section, and any amount 
so reallotted to a State shall be in addition to the amounts allotted and 
available to the State for the same period. 
(d) No grant may be made under subsection (b)(1) of this section 
unless an application therefor has been submitted to, and approved by, 
the Secretary. Such application shall be in such form, submitted in 
such manner, and contain such information, including- assurances satis-
factory to the Secretary that the grant will be used by the State for 
the preparation of a State plan which will meet the requirements of 
subsection (e), as the Secretary shall by regulation prescribe. 
(e) Any State desiring to receive a grant under subsection (b) (2) 
state plans. 
or (b) (3) of this section shall submit to the Secretary a State plan 
for planning, establishing, conducting, and coordinating projects for 
the development of more effective drug abuse prevention functions in 
the State and for evaluating the conduct of such functions in the State. 
Each State plan shall 
(1) designate or establish a single State agency as the sole 
agency for the preparation and administration of the plan, or for 
supervising the preparation and administration of the plan; 
(2) contain satisfactory evidence that the State agency desig-
nated or established in accordance with paragraph (1) will have 
authority to prepare and administer, or supervise the preparation 
and administration of, such plan in conformity with this sub-
section; 
(3) provide for the designation of a State advisory council 
which shall include representatives of nongovernmental organi-
zations or groups, and of public agencies concerned with the pre-
vention and treatment of drug abuse and drug dependence, from 
different geographical areas of the State, and which shall consult 
with the State agency in carrying out the plan; 
(4) describe the drug abuse prevention functions to be carried 
out under the plan with assistance under this section; 
(5) set forth, in accordance with criteria established by the 
Secretary, a detailed survey of the local and State needs for the 
prevention and treatment of drug abuse and drug dependence, 
mcluding a survey of the health facilities needed to provide 
services for drug abuse and drug dependence, and a plan for 
the development and distribution of such facilities and programs 
throughout the State; 
(6) provide for coordination of existing and planned treatment 
. 
and rehabilitation programs and activities, particularly in urban 
centers; 
(7) provide a scheme and methods of administration which will 
supplement, broaden, and complement State health plans devel-
oped under section 314(d) (2) of the Public Health Service Act; 
so stat. usi; 
(8) provide such methods of administration of the State plan, ^^,e*°'' 77^^' 
including methods relating to the establishment and maintenance 
42 'use 245. 
of personnel standards on a merit basis (except that the Secretary 
shall exercise no authority with respect to the selection, tenure of 
office, or compensation of any individual employed in accordance 
with such methods), as are found by the Secretary to be necessary 
for the proper and efficient operation of the plan; 
(9) provide that the State agency will make such reports, in 
such form and containing such information as the Secretary may 
from time to time reasonably require, and will keep such records 
and afford such access thereto as the Secretary may find necessary 
to assure the correctness and verification of such reports; 
82' 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
(10) provide that the State agency will from time to time, bvit 
not less often than annually, review its State plan and submit 
to the Secretary an analysis and evaluation of the effectiveness 
of the prevention and treatment programs and activities carried 
out under the plan, and any modifications in the plan which it 
considers necessary; 
(11) provide reasonable assurance that Federal funds made 
available under this section for any period will be so used as to 
supplement and increase, to the extent feasible and practical, the 
level of State, local, and other non-Federal funds that would in 
the absence of such Federal funds be made available for the pro-
grams described in this section, and will in no event supplant 
such State, local, and other non-Federal funds; and 
(12) contain such additional information and assurance as the 
Secretary may find necessary to carry out the provisions of this 
section. 
Approval. 
(f) xiie Secretary shall approve any State plan and any modifica-
tion thereof which complies with the provisions of subsection (e) of 
this section. 
(g) From the allotment of a State, the Secretary shall make grants 
to that State in accordance with this section. Payments under such 
grants may be made in advance or by way of reimbursement and in 
such installments as the Secretary may determine. 
§ 410. Special project grants and contracts. 
(a) The Secretary shall 
(1) make grants to public and private nonprofit agencies, orga-
nizations, or institutions and enter into contracts with public 
and private agencies, organizations, institutions, and individuals 
to provide training seminars^ educational programs, and technical 
assistance for the development of drug abuse prevention, treat-
ment, and rehabilitation programs for employees in the private 
and public sectors; 
(2) make grants to public and private nonprofit agencies, orga-
nizations, or institutions and enter into contracts with public 
and private agencies, organizations, and institutions, to provide 
directly or through contractual arrangements for vocational 
rehabilitation counseling, education, and services for the benefit of 
persons in treatment programs and to encourage efforts by the 
private and public sectors of the economy to recruit, train, and 
employ participants in treatment programs; 
(3) make grants to public and private nonprofit agencies, 
organizations, or institutions and enter into contracts with public 
and private agencies, organizations, institutions, and individuals 
to establish, conduct, and evaluate drug abuse prevention, treat-
ment, and rehabilitation programs within State and local criminal 
justice systems; 
(4) make grants to or contracts with groups composed of indi-
viduals representing a broad cross-section of medical, scientific, 
or social disciplines for the purpose of determining the causes of 
drug abuse in a particular area, prescribing methods for dealing 
with dru^ abuse in such an area, or conducting programs for 
dealing with drug abuse in such an area; 
(5) make research grants to public and private nonprofit agen-
cies, organizations, and institutions and enter into contracts with 
public and private agencies, organizations, and institutions, and 
individuals for improved drug maintenance techniques or pro-
grams; and 
(6) make grants to public and private nonprofit agencies, orga-
nizations, and institutions and enter into contracts with public 
approval. 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
83 
and private agencies, organizations, institutions, and individuals 
to establish, conduct, and evaluate drug abuse prevention and 
treatment programs, 
(b) There are authorized to be appropriated $25,000,000 for the fiscal Appropriation. 
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; and 
$160,000,000 for the fiscal year ending June 30, 1975, to carry out this 
section. 
(c) (1) In carrying out this section, the Secretary shall require coor-
dination 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 
Project 
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) desig-
nated or established under section 409. 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 the State comprehensive plan for treatment and prevention of 
drug abuse under section 409. 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 ,„^f^,|i^^*^°" 
section by the Secretary, including the earmarking of financial assist-
ance 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; 
(C) provide for such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paid to the applicant; and 
(D) provide for reasonable assurance that Federal funds made 
available under this section for any period will be so used as to 
supplement and increase, to the extent feasible and practical, the 
level of State, local, and other non-Federal funds that would in the 
absence of such Federal funds be made available for the programs 
described in this section, and will in no event supplant such State, 
local, and other non-Federal funds. 
(d) 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. 
§ 411. Records and audit. 
(a) Each recipient of assistance under section 409 or 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 imdertaking in connection w4th 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, 
84 
PUBLIC LAW 92-255-MAR. 21, 1972 
[86 STAT. 
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. 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 relat-
ing to drug abuse prevention functions. The Director shall consult 
with the National Advisory Council for Drug Abuse Prevention 
Transfer o
f 
regarding the general policies of the Center. The Director may super-
superv sion. 
^^^^ ^j^^ 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) Fed-
eral, 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 edu-
cation in drug abuse prevention. 
Appropriation. 
((J) (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. 
§ 413. Drug abuse among Federal civilian employees. 
(a) The Civil Service Commission shall be responsible for develop-
ing and maintaining, in cooperation with the Director and with other 
Federal agencies and departments, appropriate prevention, treatment, 
and rehabilitation programs and services for drug abuse among Fed-
eral civilian employees. Such policies and services shall make optimal 
use of existing governmental facilities, services, and skills. 
(b) The Director shall foster similar drug abuse prevention, treat-
ment, and rehabilitation programs and services in State and local 
governments and in private industry. 
(c) (1) No person may be denied or deprived of Federal civilian 
employment or a Federal professional or other license or right solely 
on the ground of prior drug abuse. 
Exception. 
(2) Thls subsectlon shall not apply to employment (A) in the 
Central Intelligence Agency, the Federal Bureau of Investigation, the 
National Security Agency, or any other department or agency of the 
Federal Government designated for purposes of national security by 
the President, or (B) in any position in any department or agency of 
the Federal Government, not referred to in clause (A), which position 
is determined pursuant to regulations prescribed by the head of such 
department or agency to be a sensitive position. 
(d) This section shall not be construed to prohibit the dismissal from 
employment of a Federal civilian employee who cannot properly func-
tion in his employment. 
86 STAT. ] 
PUBLIC LAW 92-255-MAR. 21, 1972 
85 
TITLE V—NATIONAL INSTITUTE ON DRUG ABUSE; 
NATIONAL ADVISORY COUNCIL ON DRUG ABUSE 
Sec. 
501. Establishment of Institute. 
502. Establishment of National Advisory Council on Drug Abuse. 
§ 501. Establishment of Institute. 
(a) Effective December 31,1974, there is established, in the National 
Institute of Mental Health, a National Institute on Drug Abuse (here-
inafter in this section referred to as the "Institute") to administer the 
programs and authorities of the Secretary of Health, Education, and 
Welfare (hereinafter in this section referred to as the "Secretary") 
with respect to drug abuse prevention functions. The Secretary, acting 
through the Institute, shall, in carrying out the purposes of section 301 
of the Public Health Service Act with respect to drug abuse, develop 
^^ ^'°*- ^^^' 
and conduct comprehensive health, education, training, research, and 
42 use 241. 
planning programs for the prevention and treatment of drug abuse 
and for the rehabilitation of drug abusers. 
(b) The Institute shall be under the direction of a Director who 
shall be appointed by the Secretary. 
(c) The programs of the Institute shall be administered so as to 
encourage the broadest possible participation of professionals and 
paraprofessionals in the fields of medicine, science,- the social sciences, 
and other related disciplines. 
§ 502. Establishment of National Advisory Council on Drug Abuse. 
(a) Section 217 of the Public Health Service Act is amended by g/starVssa^' 
adding at the end thereof the following new subsection: 
85 stat! 463,' 
"(e)(1) The National Advisory Council on Drug Abuse shall consist ^ss. 
of the Secretary, who shall be Chairman, the chief medical officer of 
the Veterans' Administration or his representative, and a medical 
officer designated by the Secretary of Defense, who shall be ex officio 
members. In addition, the Council shall be composed of twelve mem-
bers appointed by the Secretary without regard to the provisions of 
title 5, United States Code, governing appointments in the competitive 
s use 101 et 
service. The appointed members of the Council shall represent a broad ^^'^' 
range of interests, disciplines, and expertise in the drug area and shall 
be selected from outstanding professionals and paraprofessionals in 
the fields of medicine, education, science, the social sciences, and other 
related disciplines, who have been active in the areas of drug abuse 
prevention, treatment, rehabilitation, training, or research. 
" (2) The Council shall advise, consult with, and make recommenda-
tions to, the Secretary 
"(A) concerning matters relating to the activities and func-
tions of the Secretary in the field of drug abuse, including, but not 
limited to, the development of new programs and priorities, the 
efficient administration of programs, and the supplying of needed 
scientific and statistical data and program information to pro-
fessionals, paraprofessionals, and the general public; and 
"(B) concerning policies and priorities respecting grants and 
contracts in the field of drug abuse." 
(b) Section 266 of the Community Mental Health Centers Act is 
84 stat. 62, 
amended 
42 use 2688t. 
11) by strikmg out in the first sentence "part C" and inserting 
in lieu thereof "parts C and D", 
(2) by striking out in the second sentence "established by sucli 
section", and 
(3) by adding at the end the following new sentence: "Grants 
imder pait D of this title for such costs will undergo such review 
;is is provided by section 217(e) of the Public Health Service Act." 
Supra. 
Approved March 21, 1972. 
86 
March 21, 1972 
[H. J. Res. 1097] 
Supplemental 
appropriations, 
1972. 
PUBLIC LAW 92-256-MAR. 21, 1972 
[86 STAT. 
Public Law 92-256 
JOINT RESOLUTION 
Making certain urgent supplemental appropriations for the fiscal year 1972, and 
for other purposes. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That the following sums are 
appropriated, out of any money in the Treasury not otherwise appro-
priated, for the fiscal year ending June 30, 1972, namely: 
CHAPTER I 
DEPARTMENT OF LABOR 
MANPOWER ADMINISTRATION 
84 Stat. 716. 
42 u s e 1105. 
FEDERAL U N E M P L O Y M E N T BENEFITS AND ALLOWANCES 
For an additional amount for "Federal unemployment benefits and 
allowances," $311,600,000. 
ADVANCES TO T H E EXTENDED UNEMPLOYMENT COMPENSATION 
ACCOUNT 
For making repayable advances to the extended unemployment 
compensation account in the Unemployment Trust Fund, as author-
ized by section 905(d) of the Social Security Act, as amended, 
$600,000,000 to enable the Secretary of the Treasury to make such 
advances: Provided, That the Secretary of the Treasury shall make 
such repayable advances at such times as he may determine, in consul-
tation with the Secretary of Labor, that the amount in the extended 
imemployment compensation account is insufficient for the payments 
required by 1 aw to be paid therefrom to States. 
DEPARTMENT 
OF 
HEALTH, 
EDUCATION, 
AND 
WELFARE 
OFFICE OF EDUCATION 
STUDENT LOAN INSURANCE FUND 
For the Student Loan Insurance Fund, created by the Higher 
20 Ssc ioi?' 
Education Act of 1965, as amended, $12,765,000, to remain available 
note. 
until expended. 
CHAPTER I I 
INTERSTATE COMIVIERCE COMMISSION 
PAYMENT OF LOAN GUARANTIES 
For payments required to be made as a consequence of loan guaran-
ties made by the Interstate Commerce Commission under section 503 
72 Stat. 569. 
of the Interstate Commerce Act, as amended (49 U.S.C. 1233), 
$28,000,000, together with such amounts as may be necessary to pay 
interest thereon.