3 1 each hospital and other appropriate medical facility of the 2 Service a treatment and rehabilitation program for drug 3 addicts and other persons with drug abuse and drug depend4 ence problems who are in the area served by such hospital 5 or other facility; except that the requirement of this sentence 6 shall not apply in the case of any such hospital or other fa7 cility with respect to which the Secretary determines that 8 there is not sufficient need for such a program in such hospi9 tal or other facility." 10 (b) Section 341 of such Act is amended by adding at 11 the end thereof the following new subsection: 12 "(c) The Secretary may enter into agreements with 13 the Administrator of Veterans' Affairs, the Secretary of De 14 fense, and the head of any other department or agency of 15 the Government under which agreements hospitals and other 16 appropriate medical facilities of the Service may be used in treatment and rehabilitation programs provided by such de 17 18 19 20 partment or agency for drug addicts and other persons with drug abuse and other drug dependence problems who are in areas served by such hospitals or other facilities." [H.R. 131, 92d Cong., 1st sess., introduced by Mr. Delaney on January 22, 1971; H.R. 2220, 92d Cong., 1st sess., introduced by Mr. Reid of New York on January 25, 1971; H.R. 3126, 92d Cong., 1st sess., introduced by Mr. Helstoski on February 1, 1971; and H.R. 3363, 92d Cong., 1st sess., introduced by Mr. Charles H. Wilson, on February 2, 1971, are identical as follows:] A BILL To provide a comprehensive Federal program for the preven- 1 Be it enacted by the Senate and House of Representa- TITLE I-FINDINGS AND DECLARATION OF 6 9 (a) Drug abuse and drug dependence are rapidly in 2 1 creasing throughout the country. Drug abuse can seriously 2 impair health, and can lead to drug dependence. Drug de3 pendence is an illness or disease that requires treatment 4 through health and rehabilitation services. 5 (b) Existing laws have not been effective to prevent drug 6 abuse and drug dependence or to provide adequate educa7 tion, treatment, and rehabilitation of drug abusers and drug 8 dependent persons. Increasing education, treatment, and re9 habilitation services offer the best possibility of reducing 10 drug abuse and drug dependence. A major commitment of 11 health resources and Government funds is required to insti12 tute an adequate and effective Federal program for the pre13 vention and treatment of drug abuse and drug dependence. 14 (c) Drug dependent persons commit a high percentage 15 of the serious crime in many cities in order to secure funds 16 with which to satisfy their habit. Criminal incarceration 17 without appropriate treatment has proved ineffective to 18 deter drug related crime. Effective treatment services and 19 successful rehabilitation offer the best possibility of avoiding 20 a high rate of recidivism. 21 (d) Present Federal programs for drug abuse and drug 22 dependence are relegated to a low level of priority and 23 remain uncoordinated within the Government. Federal offi24 cials have failed to handle effectively drug abuse and drug 25 dependence among those for whom the Government has 3 1 special responsibilities-civilian employees, military person2 nel, and veterans. Existing Federal research, health, and 3 rehabilitation laws have not properly been used to attack 4 the problems of drug abuse and drug dependence. Lack of 5 Federal leadership and funding has also contributed to the 6 failure of State and local governmental agencies and public 7 and private nonprofit agencies, institutions, and organizations 8 to recognize their responsibilities for mecting these problems. SEC. 102. The Congress declares that— 9 10 (a) There shall be established and maintained a Drug 11 Abuse Prevention, Treatment, and Rehabilitation Admin = 12 istration within the Department of Health, Education, and 13 Welfare, to coordinate all Federal health and rehabilitation 14 programs related to the prevention and treatment of drug 15 abuse and drug dependence. 16 (b) Major Federal action and Federal assistance to 17 State and local programs shall be undertaken to engage in 18 and encourage planning, coordination, statistics, research, training, education, reporting, and classification with respect to drug abuse and drug dependence, and to provide equal 19 21 222 access to humane care, effective treatment, and rehabilita 22 tion for all drug abusers and drug dependent persons re23 gardless of their circumstances. 24 (c) In addition to the provisions of this Act, all other 25 Federal legislation providing for Federal or federally 4 1 assisted State research, prevention, treatment, or rehabilita2 tion programs in the fields of health, education, welfare, 3 and rehabilitation shall be utilized to reduce drug abuse, drug 4 dependence, and drug related crime. 5 6 TITLE II-DEFINITIONS SEC. 201. The definitions in the Controlled Dangerous 7 Substances Act of 1969 shall also apply for purposes of this 8 Act. 9 10 SEC. 202. As used in this Act: (a) "Administration" means the Drug Abuse Preven11 tion, Treatment, and Rehabilitation Administration estab12 lished within the Department of Health, Education, and 13 Welfare by this Act. 14 (b) "Commissioner" means the Commissioner of the 15 Drug Abuse Prevention, Treatment, and Rehabilitation Ad16 ministration appointed pursuant to this Act. 17 (c) "Courts" includes all Federal courts, including any 18 United States magistrate. 19 (d) "Department" means the Department of Health, 20 Education, and Welfare. 21 (e) "Drug abuser" means any person who uses any 22 controlled dangerous substance under circumstances that con23 stitute a violation of law. 24 (f) "Drug dependent person" means a person who is 25 using a controlled dangerous substance and who is in a state |