An Act to provide a comprehensive Federal program for the prevention and treatment of alcohol abuse and alcoholism
PL 91-616 (S.3835), enacted 12/31/1970

1848 
PUBLIC LAW 91-616-DEC. 31, 1970 
[84 STAT. 
Public Law 91-616 
December 31, 1970 
A N A C T 
[s. 3835] 
TQ provide a couipreliensive Federal program for the prevention and treatment 
of alcohol abuse and alcoholism. 
Be it enacted hy the Senate and House of Representatives 
of the 
Comprehensive 
United Stat es of America in Congress assemhled. 
Alcohol Abuse and 
•' 
^ 
' 
Alcoholism Pre-
vention, Treatment, 
SHORT 
TITLE 
and Rehabilitation 
Act of 1970. 
SECTION 1. This Act may be cited as the "Comprehensive Alcohol 
Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act 
of 1970". 
TITLE I—NATIONAL INSTITUTE ON ALCOHOL ABUSE 
AND ALCOHOLISM 
ESTABLISHMENT OF T H E INSTITUTE 
SEC. 101. (a) There is established in the National Institute of Mental 
Health, the National Institute on Alcohol Abuse and Alcoholism 
(hereafter in this x^ct referred to as the "Institute") to administer the 
programs and authorities assigned to the Secretary of Health, Educa-
tion, and Welfare (hereafter in this Act referred to as the "Secretary") 
Y ^*^''^°°^' 
by this Act and part C of the Community Mental Health (^enters Act. 
42 use 26886. 
The Secretary, acting through the Institute, shall, in carrying out the 
58 Stat. 691; 
purposcs of sectiou 301 of the Public Health Service Act with respect 
^^42'u*sc'24*i. 
^^ alcohol abuse and alcoholism, develop and conduct comprehensive 
liealth, education, training, research, and planning programs for the 
prevention and treatment of alcohol abuse and alcoholism and for the 
rehabilitation of alcohol abusers and alcoholics. 
(b) The Institute shall be under the direction of a Director who 
shall be appointed by the Secretary. 
REPORTS BY T H E SECRETARY 
SEC. 102. The Secretary shall— 
Reports to 
M\ ^yxhimt ail auiiual report to Congress which shall include a 
President and 
n 
• 
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_
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j.- 
j. i 
• 
- i n 
n j? 
n 
Congress. 
descriptioii 01 the actions taken, services provided, and funds 
expended under this Act and part C of the Community Mental 
Health Centers Act, an evaluation of the effectiveness of such 
actions, services, and expenditures of funds, and such other infor-
mation as the Secretary considers appropriate; 
(2) submit to Congress on or before the expiration of the one-
year period beginning on the date of enactment of this Act a 
report (A) containing current information on the health conse-
quences of using alcoholic beverages, and (B) containing such 
recommendations for legislation and administrative action as he 
may deem appropriate; 
(3) submit such additional reports as may be requested by the 
President of the United States or by Congress; and 
(4) submit to the President of the United States and to Con-
gress such recommendations as will further the prevention, treat-
ment, and control of alcohol abuse and alcoholism. 
84 STAT. ] 
PUBLIC LAW 91-616-DEC. 31, 1970 
1849 
TITLE II—AIX!OHOL ABUSE AND ALCOHOLISM PREVEN-
TION, TREATMENT, AND REHABILITATION PROGRAMS 
FOR FEDERAL CIVILIAN EMPLOYEES 
ALCOHOL ABUSE AND ALCOHOLISM AMONG FEDERAL CIVILIAN EMPLOYEES 
SEC. 201. (a) The Civil Service Commission shall be responsible for 
developing and maintaining, in cooperation with the Secretary and 
with other Federal agencies and departments, appropriate prevention, 
treatment, and rehabilitation programs and services for alcohol abuse 
and alcoholism among Federal civilian employees, consistent with the 
purposes of this Act. Such policies and services shall make optimal use 
of existing governmental facilities, services, and skills. 
(b) The Secretary, acting through the Institute, shall be responsible 
for fostering similar alcohol abuse and alcoholism prevention, treat-
ment, and rehabilitation programs and services in State and local gov-
ernments 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 alcohol abuse or prior alcoholism. 
(2) This subsection shall not apply to employment (A) in the Cen-
tral 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 
agency or department to be a sensitive position. 
(d) This title shall not be construed to prohibit the dismissal from 
employment of a Federal civilian employee who cannot properly func-
tion in his employment. 
TITLE III—FEDERAL ASSISTANCE FOR STATE AND 
LOCAL PROGRAMS 
PART A—FORMULA GRANTS 
AUTHORIZATION 
SEC. 301. There are authorized to be appropriated $40,000,000 for 
Appropriation. 
the fiscal year ending June 30,1971, $60,000,000 for the fiscal year end-
ing June 30, 1972, $80,000,000 for the fiscal year ending June 30,1973, 
for grants to States to assist them in planning, establisning, maintain-
ing, coordinating, and evaluating projects for the development of 
more effective prevention, treatment, and rehabilitation programs to 
deal with alcohol abuse and alcoholism. For purposes of this part, the 
"state.»' 
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. 
STATE 
ALLOTMENT 
SEC. 302. (a) For each fiscal year the Secretary shall, in accordance 
with regulations, allot the sums appropriated for such year pursuant 
to section 301 among the States on the basis of the relative population, 
financial need, and need for more effective prevention, treatment, and 
rehabilitation of alcohol abuse and alcoholism; except that no such 
allotment to any State (other than the Virgin Islands, American 
Samoa, Guam, and the Trust Territory of the Pacific Islands) for any 
fiscal year shall be less than $200,000. 
1850 
PUBLIC LAW 91-616-DEC. 31, 1970 
[84 STAT. 
(b) Any amount so allotted 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 purposes 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 pur-
pose 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 determines will 
remain unobligated by the close of such next fiscal year, may be real-
lotted by the Secretary, to be available for the purposes for which 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 part, 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 subsection (a) 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 
Secretary, to be available for the purposes for which made until the 
close of 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 
equitable and consistent with the purposes of this part, 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. 
(c) At the request of any State, a portion of any allotment or 
allotments of such State under this part shall be available to pay 
that portion of the expenditures found necessary by the Secretary 
for the proper and efficient administration during such year of the 
State plan approved under this part, except that not more than 10 
per centum of the total of the allotments of such State for a year, 
or $50,000, whichever is the least, shall be available for such purpose 
for such year. 
STATE PLANS 
SEC. 303. (a) Any State desiring to participate in this part shall 
submit a State plan* for carrying out its purposes. Such plan must— 
(1) designate a single State agency as the sole agency for the 
administration of the plan, or designate such agency as the sole 
agency for supervising the administration of the plan; 
(2) contain satisfactory evidence that the State agency desig-
nated in accordance with paragraph (1) (hereafter in this section 
referred to as the "State agency") will have authority to carry 
out such plan in conformity with this part; 
(8) 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 
prevention and treatment of alcohol abuse and alcoholism, to 
consult with the State agency in carrying out the plan; 
(4) set forth, in accordance with criteria established by the 
Secretary, a survey of need for the prevention and treatment of 
alcohol abuse and alcoholism, including a survey of the health 
84 STAT. ] 
PUBLIC LAW 91-616-DEC. 31, 1970 
1851 
facilities needed to provide services for alcohol abuse and alco-
holism and a plan for the development and distribution of such 
facilities and programs throughout the State; 
(5) provide such methods of administration of the State plan, 
including methods relating to the establishment and maintenance 
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 fomid by the Secretary to be necessary 
for the proper and efficient operation of the plan; 
(6) provide that the State agency will make such reports, in 
such form and containing such infornuition, as the Secretary may 
from time to time reasonably require, and will keep such records 
and att'ord such access thereto as the Secretary may find necessary 
to assure the correctness and verification of such reports; 
(7) provide that the Comptroller General of the United States 
or his duly authorized representatives shall have access for the 
purpose of audit and examination to the records specified in para-
graph (6) ; 
(8) provide that the State agency will from time to time, but 
not less often than annually, review its State plan and submit 
to the Secretary any modifications thereof which it considers 
necessary: 
(9) provide reasonable assurance that Federal funds made 
available under this part 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 w^ould in 
the absence of such Federal funds be made available for the 
programs described in this part, and will in no event supplant such 
State, local, and other non-Federal funds; and 
(10) contain such additional information and assurance as the 
Secretary may find necessary to carry out the provisions and 
purposes of this part. 
(b) The Secretary shall approve any State plan and any modifica- 
^*^'* P^^"^' 
tion thereof which complies with the provisions of subsection (a). 
^pp'o^ai. 
PART B—PROJECT GRANTS AXD CONTRACTS 
ORAXTS AND COXTRACT^ FOR THE PREVEXTIOX AXD TREATMENT 
OF ALCOHOL ABUSE AXD ALCOHOLISM 
SEC 311. Section 247 of part C of the Community Mental Health 
Outers Act is amended to read as follows: 
^2 stat. ioo9; 
"URAXTS AXD COXTOACTS FOR T H E r R E \ T . X ' n 0 X AXD TREATMENT OF 
ALCOHOL ABUSE AND ALCOHOLISM 
"SEC. 247. (a) The Secretary, acting through the National Insti-
tute on Alcohol Abuse and Alcoholism, may make grants to public 
and private nonprofit agencies, organizations, and institutions and 
may enter into c(mtracts with public and private agencies, organiza-
tions, and institutions, and individuals— 
" (1) to conduct demonstration, service, and evaluation projects, 
" (2) to provide education and training, 
"(3) to provide programs and services in cooperation with 
schools, courts, penal institutions, and other public agencies, and 
"(4) to provide counseling and education activities on an 
individual or community basis. 
Ante, 
p. 59. 
42 u s e 2688J-2. 
1852 
PUBLIC LAW 91-616-DEC. 31, 1970 
[84 STAT. 
Applications. 
F iling. 
Approval, cri-
teria. 
Appropriation. 
for the prevention and treatment of alcohol abuse and alcoliolism and 
for the rehabilitation of alcohol abusers and alcoholics. 
"(b) Projects for which grants or contracts are made under this 
section shall, whenever possible, be community based, provide a com-
prehensive range of services, and be integrated with, and involve the 
active participation of, a wide range of public and nongovernmental 
agencies, organizations, institutions, and individuals. 
"(c) (1) In administering the provisions of this section, the Secre-
tary sliall require coordination of all applications for programs in a 
State. 
"(2) Each applicant from within a State, upon tiling its application 
with the Secretary for a grant or contract under this section, shall 
submit a copy of its application for review by the State agency desig-
nated under section 803 of the Comprehensive Alcohol Abuse and 
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, 
if such agency exists. 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 relation-
ship of the project to other projects pending and approved and to the 
State comprehensive plan for treatment and prevention of alcohol 
abuse and alcoholism under such section 303. The State shall furnish 
the applicant a copy of any such evaluation. 
"(3) Approval of any application for a grant or contract by the 
Secretary, including the earmarking of financial assistance for a pro-
gram or project, may be pranted only if the application substantially 
meets a set of criteria established by the Secretary that.— 
"(A) provide that the activities and services for which assist-
ance 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 neces-
sary for the proper and efficient operation of such programs or 
projects; 
"(C) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbui-sement of and 
accounting for Federal funds paid to the applicant; and 
"(D) 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. 
"(d) To carry out the purposes of this section, there are authorized 
to be appropriated $30,000,000 for the fiscal year ending June 30,1971, 
$40,000,000 for the fiscal year ending June 30, 1972, and $50,000,000 
for the fiscal year ending June 30,1973." 
PART C—ADMISSIOX TO HOSPITALS 
Noncompliance, 
Federal assist-
ance, termination. 
ADMISSION o r 
ALCOHOL ABUSERS AND ALCOHOLICS 
TO 
PRIVATE AND PUBLIC 
HOSPITALS 
SEC. 321. (a) Alcohol abusers and alcoholics shall be admitted to 
and treated in private and public general hospitals, which receive 
Federal funds for alcoholic treatment programs, on the basis of medi-
cal need and shall not be discriminated against solely because of their 
alcoholism. No hospital that violates this section shall receive Federal 
financial assistance under the provisions of this Act; except that the 
Secretary shall not terminate any such Federal assistance until the 
84 STAT.] 
PUBLIC LAW 91-616-DEC. 31, 1970 
1853 
Secretary has advised the appropriate person or persons of the failure 
to comply with this section, and has provided an opportunity for 
Hearing oppot-
correction or a hearing. 
tunuy. 
(b) Any action taken by the Secretary pursuant to this section shall 
Judicial reviev. 
be subject to such judicial review as is provided by section 404 of the 
Community Mental Health Centers Act. 
^
^
2 use 2694 
PART D—GENERAL 
(COMPREHENSIVE STATE HEALTH PLANS 
SEC. 831. Section 314(d) (2) of the Public Health Service Act is 
Ante, v. 1241. 
amended— 
(1) by striking out "and" at the end of subparagraph ( J ) ; 
(2) by striking out the period at the end of subparagraph (K) 
and inserting in lieu thereof "; and"; and 
(3) by adding after subparagraph (K) the following new 
subparagraph: 
"(L) provide for services for the prevention and treatment of 
alcohol abvise and alcoholism, commensurate with the extent of 
the problem." 
SPECIALIZED FACILITIES 
SEC. 332. Section 243(a) of the Community Mental Health Centers 
Act is amended (1) by inserting "or leasing" after "construction", and 
(2) by inserting "facilities for emergency medical services, intermedi-
ate care services, or outpatient services, and" immediately before 
"post-hospitalization treatment facilities". 
82 Stat. 1008. 
42 u s e 268811. 
CONFIDENTIALITY OF RECORDS 
SEC. 333. The Secretary may authorize persons engaged in research t,fatmTT^ ^^' 
on, or treatment with respect to, alcohol abuse and alcoholism to pro- tionsT*" ^°^ 
tect the privacy of individuals who are the subject of such research 
or treatment by withholding from all persons not connected with the 
conduct of such research or treatment the names or other identifying 
characteristics of such individuals. Persons so authorized to protect 
the privacy of such individuals may not be compelled in any Federal, 
State, or local civil, criminal, administrative, legislative, or other pro-
ceeding to indentify such individuals. 
TITLE 
IV—THE 
NATIONAL 
ADVISORY 
COUNCIL 
ON 
ALCOHOL 
ABUSE 
AND 
ALCOHOLISM 
ESTABLISHMENT OF COUNCIL 
SEC. 401. (a) Section 217(a) of the Public Health Service Act is 
64 stat. 446. 
amended- 
42 use 218. 
(1) in the first sentence thereof, by inserting "the National 
Advisory Council on Alcohol Abuse and Alcoholism," immedi-
ately after "the National Advisory Mental Health Council,"; 
(2) in the second sentence thereof, by (A) inserting "the 
National Advisory Council on Alcoholic Abuse and Alcoholism," 
immediately after "the National Advisory Mental Health Coun-
cil,", and (B) inserting "alcohol abuse and alcoholism," immedi-
ately after "psychiatric disorders,"; and 
(3) in the fourth sentence, (A) by inserting "(other than the 
members of the National Advisory Council on Alcohol Abuse and 
Alcoholism)" after "the terms of the members"; (B) by striking 
1854 
PUBLIC LAW 91-616-DEC. 31, 1970 
[84 STAT. 
64 Stat. 446. 
42 u s e 218. 
58 Stat. 709; 
60 Stat. 425. 
42 u s e 219. 
out "and" before " (2) *-; and (C) by striking out the period at the 
end and inserting a semicolon and "and (3) the terms of the mem-
bers of the National Council on Alcohol Abuse and Alcoholism 
first taking office after the date of enactment of this clause, shall 
expire as follows: Three shall expire four years after such date, 
three shall expire three years after such date, three shall expire 
two years after such date, and three shall expire one year after 
such date, as designated by the Secretary at the time of 
appointment."' 
(b) Section 217(b) of such Act is amended, in the second sentence 
thereof, by inserting "alcohol abuse and alcoholism," immediately 
after "mental health,". 
(c) Section 217 of such Act is further amended by adding at the end 
thereof the following new subsection: 
"(d) The National Advisory Council on Alcohol Abuse and Alcohol-
ism shall ac^ise, consult with, and make recommendations to, the 
Secretary on matters relating to the activities and functions of the 
Secretary in the field of alcohol abuse and alcoholism. The Council 
is authorized (1) to review research projects or programs submitted 
to or initiated by it in the field of alcohol abuse and alcoholism and 
recommend to the Secretary any such projects which it believes show 
promise of making valuable contributions to human knowledge with 
respect to the cause, prevention, or methods of diagnosis and treat-
ment of alcohol abuse and alcoholism, and (2) to collect information 
as to studies being carried on in the field of alcohol abuse and alco-
holism and, w^ith the approval of the Secretary, make available such 
information through appropriate publications for the benefit of health 
and welfare agencies or organizations (public or private) or physicians 
or any other scientists, and for the information of the general public. 
The Council is also authorized to recommend to the Secretary, for 
acceptance pursuant to section 501 of this Act, conditional gifts for 
work in the field of alcohol abuse and alcoholism; and the Secretary 
shall recommend acceptance of any such gifts only after consultation 
with the Council." 
Ante, 
p. 62. 
APPROVAL BY COUXCIL OF CERTAIN GRANTS UNDER PART C OF COMMUNITY 
MENTAL H E A L T H CENTERS ACT 
SEC. 402. Section 266 of the Community Mental Health Centers Act 
is amended (1) by inserting " (other than part C thereof)" immediately 
after "this title", and (2) by adding immediately after the period 
the following: "Grants under part C of this title for such costs may 
be made only upon recommendation of the National Advisory Council 
on Alcohol Abuse and Alcoholism established by such section." 
TITLE V—GENERAL 
Separability. 
Recordkeeping. 
SEC. 501. If any section, provision, or term of this Act is adjudged 
invalid for any reason, such judgment shall not affect, impair, or 
invalidate any other section, provision, or term of this Act, and the 
remaining sections, provisions, and terms shall be and remain in full 
force and effect. 
SEC. 502. (a) Each recipient of assistance under this Act pursuant 
to grants or contracts entered into under other than competitive 
bidding procedT^res shall keep such records as the Secretary shall 
prescribe, including records which fully disclose the amount and dis-
]:)Osition by such recipient of the proceeds of such grant or contract, 
the total cost of the project or undertaking in connection with which 
84 STAT. ] 
PUBLIC LAW 91-618-DEC. 31, 1970 
1855 
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, 
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 the grants or 
contracts entered into under the provisions of this Act under other 
than competitive bidding procedures. 
SEC. 503. Payments under this Act may be made in advance or by 
way of reimbui'sement and in such installments as the Secretary may 
determine. 
Approved December 31, 1970. 
Records, acces 
sibility. 
Payments. 
Public Law 91-617 
AN ACT 
December 31, 1970 
To provide that the interest ou certain insured loans sold out of the Agricultural 
[H. R. 15979] 
Credit Insurance Fund shall be included in gross income. 
Be it enacted hy the Senate and House of Represeiitatives 
of the 
United States of Amelia 
in Cmigress assembled^ That (a) section 
306(a) (1) of the Consolidated Farmers Home Administration Act of 
1961, as amended (7 U.S.C. 1926(a) (1)), is amended by adding at 
the end thereof the following new sentence: "When any loan made for 
a purpose specified in this paragraph is sold out of the Agricultural 
Credit Insurance Fund as an insured loan, the interest or other income 
thereon paid to an insured holder shall be included in gross income for 
purposes of chapter 1 of the Internal Revenue Code of 1954." 
(b) The amendment made by subsection (a) shall apply to the 
insured loans sold out of the Agricultural Credit Insurance Fund 
a f 
ter the date of the enactment of this Act. 
Approved December 31, 1970. 
Agricultural 
Credit Insur-
ance Fund. 
Insured loans, 
interest; tax 
treatment. 
79 Stat. 9 31. 
68A Stat. 3; 
83 Stat. 678. 
26 u s e 1. 
Effective date. 
Public Law 91-618 
AN ACT 
December 31, 1970 
To amend the Internal Revenue Code of 1954 to clarify the applicability of the 
[H. R. lesoe] 
exemption from income taxation of cemetery corporations. 
Be it enacted hy the Senate and House of Representatives 
of the 
Vnited States of America in Congress assemmed, That paragraph (13) 
of section 501(c) of the Internal Revenue Code of 1954 (relating to 
exempt organizations) is amended to read as follows: 
" (13) Cemetery companies owned and operated exclusively for 
the benefit of their members or which are not operated for profit; 
and any corporation chartered solely for the purpose of the dis-
posal of bodies by burial or cremation which is not permitted by 
its charter to engage in any business not necessarily incident to 
that purpose and no part of the net earnings of which inures to 
the benefit of any private shareholder or individual." 
SEC. 2. The amendment made by the first section of this Act shall 
apply to taxable years ending after the date of enactment of this Act. 
Approved December 31, 1970. 
Cemetery corjao-
rations. 
Income tax ex^ 
emption. 
68A Stat. 164. 
26 u s e 50 1. 
Effective date.