Page images
PDF
EPUB

70

1 with the State agency's recommendation of disapproval and

2 the applicant's statement of disagreement.

3

(e) Upon notification by a State drug abuse prevention 4 and treatment agency that an application has not been ap5 proved for forwarding to the Secretary, or upon notification 6 by the Secretary that the application has been disapproved, 7 the applicant may amend his application and resubmit it to 8 the State drug abuse prevention and treatment agency, or 9 to the Secretary if no such agency exists, for reconsideration. 10 Amendments of applications shall, except as the Secretary may otherwise provide by regulation, be subject to approval 12 in the same manner as original applications.

11

13

14

ADMINISTRATION OF GRANTS AND CONTRACTS

SEC. 706. The recipient of any grant or contract under 15 this title shall make an annual report and such other reports

16

to the Secretary in such form and containing such informa17 tion as may reasonably be necessary to enable him to per18 form his functions under this title, and will keep such records 19 and afford such access thereto as the Secretary may find

20

21

2 2 2

22

necessary to permit the verification and assure the correct

ness of such reports.

SEC. 707. Payments under this title may be made in 23 advance or by way of reimbursement and in such install

24

25

ments as the Secretary may determine.

SEC. 708. No funds shall be available under this title to

71

1 any public or private nonprofit agency, institution, or orga2 nization, if the amount of funds committed by such agency, 3 institution, or organization at the time of the effective date 4 of this Act to programs for the prevention and treatment 5 of drug abuse and drug dependence is thereafter reduced. 6 SEC. 709. (a) Whenever the Secretary finds a failure to 7 comply with the terms of a grant or contract made or entered 8 into under this title, he shall, after reasonable notice and 9 opportunity for a hearing, terminate payments until he is sat10 isfied that there will no longer be any failure to comply.

11

(b) The exclusive remedy of anyone adversely affected 12 by a final action of the Secretary under subsection (a) of this 13 section is to appeal to the United States court of appeals for 14 the circuit in which it is located by filing a petition with such 15 court within sixty days after such final action. A copy of the 16 petition shall be forthwith transmitted by the clerk of the

17

court to the Secretary. The Secretary thereupon shall file 18 with the court the record of the proceeding on which he based 19 his action, as provided in section 2112 of title 28 of the 20 United States Code. Upon the filing of such petition, the 21 court shall have jurisdiction to affirm the action of the Sec

[blocks in formation]

retary or set it aside, in whole or in part, temporarily or

permanently. Until the filing of the record, the Secretary

may modify or set aside his order. The findings of the Secre

tary as to the facts shall be conclusive if supported by sub

72

1 stantial evidence, but the court, for good cause shown, may 2 remand the case to the Secretary to take further evidence, 3 and the Secretary may thereupon make new or modified 4 findings of fact and may modify his previous action, and 5 shall file in the court the record of the further proceedings. 6 Such new or modified findings of fact shall likewise be con7 clusive if supported by substantial evidence. The judgment of 8 the court affirming or setting aside, in whole or in part, any 9 action of the Secretary shall be final, subject to review by 10 the Supreme Court of the United States upon certiorari as 11 provided in section 1254 of title 28 of the United States 12 Code. The commencement of proceedings under this sub13 section shall not, unless so specifically ordered by the court,

[blocks in formation]
[merged small][merged small][merged small][subsumed][ocr errors][subsumed][merged small][merged small][merged small][merged small][merged small]

SEC. 710. (a) Drug abusers and drug dependent per

sons shall be admitted to and treated in private and public

hospitals on the basis of medical need and shall not be discrim

inated against because of their drug abuse or drug dependence. No hospital that violates this section shall receive Fed

eral financial assistance under the provisions of this Act or

any other Federal law administered by the Secretary. No such

action shall be taken until the Secretary has advised the ap

propriate person or persons of the failure to comply with

73

1 this section, and provided an opportunity for correction or

2 a hearing.

3 (b) Any action taken by the Secretary pursuant to this 4 section shall be subject to such judicial review as is provided 5 by section 709 (b) of this title.

6 TITLE VIII-THE SECRETARY'S ADVISORY COMMITTEE ON DRUG ABUSE AND DRUG DEPENDENCE

7

8

9

SEC. 801. (a) The Secretary shall appoint an Advisory 10 Committee on Drug Abuse and Drug Dependence, to con11 sist of nine qualified persons who have knowledge of and 12 an interest in the subject, who represent different geo13 graphical regions and occupations, and some of whom must formerly have been drug abusers or drug dependent persons,

14

15

to advise and consult with the Secretary and the Administra16 tion and to assist them in carrying out the provisions of this

17

18

19

Act.

(b) The members of the Committee shall elect a Chair

man, who shall serve a one-year term but may be reelected. 20 The members of the Committee shall serve without compen

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]

sation, except for expenses, for terms of three years, staggered

so that three vacancies occur every year. A member may

be reappointed immediately after serving less than a full

term, and may be reappointed after a three-year hiatus after

serving a full term.

74

1 (c) The Committee shall meet at least once every two 2 months, and may meet more often. It shall consult at regular 3 intervals with representatives of the Administration, the 4 judiciary, corrections, probation, vocational rehabilitation, 5 public welfare, parole, and such other agencies as may be6 come involved in a total treatment and rehabilitation effort 7 to control drug abuse and drug dependence.

8 SEC. 802. The Committee may appoint one or more 9 technical consultants from experts throughout the country to 10 assist in evaluating the progress of the Administration so 11 that it will have the best possible prevention, treatment, and 12 rehabilitation programs for drug abuse and drug dependence. SEC. 803. The Committee shall employ a full-time execu14 tive director with a secretary, who shall not be employees of 15 the Administration, to assist the Committee and coordinate 16 its activities.

13

17 TITLE IX-INTERGOVERNMENT COORDINATING

18

19

20

COUNCIL ON DRUG ABUSE AND DRUG

DEPENDENCE

SEC. 901. (a) For the purpose of coordinating all Fed21 eral Government prevention, treatment, and rehabilitation 22 efforts with respect to drug abuse and drug dependence, of 23 coordinating such Federal efforts with State and local 24 government efforts, and of developing an enlightened policy 25 and appropriate programs for Federal employees for the

« PreviousContinue »