5

1 of psychic or physical dependence, or both, arising from ad2 ministration of that controlled dangerous substance on a con3 tinuing basis. Drug dependence is characterized by behavioral 4 and other responses which include a strong compulsion to 5 take the substance on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its 7 absence.

6

8 (g) "Drug related offense" means any Federal criminal 9 offense committed by a drug dependent person (1) to 10 satisfy his drug dependence or to obtain funds to satisfy his 11 drug dependence or (2) while under and as a result of the 12 influence of a controlled dangerous substance.

14

13 (h) "Emergency medical services" includes all appropriate short-term services for the acute effects of drug abuse 15 and drug dependence, which (1) are available twenty-four 16 hours a day, (2) are community based and located so as to 17 be quickly and easily accessible to patients, (3) are affiliated

18

with, and constitute an integral (but not necessarily physi19 cal) part of, the general medical services of a general hos20 pital, and (4) provide drug withdrawal and other appropri

21

22

2 2 2 2 2 2 2

ate medical care and treatment, professional examination, diagnosis, and classification with respect to possible drug dependence, and referral for other treatment and rehabilita24 tion.

23

25

(i) "Government attorney" means an attorney author

6

1 ized to represent the United States with respect to this Act. 2 (j) "Inpatient services" includes all treatment and re3 habilitation services for drug abuse and drug dependence 4 provided for a resident patient while he spends full time in a 5 treatment institution.

6 (k) "Intermediate care services" includes all treatment 7 and rehabilitation services for drug abuse and drug depend8 ence provided for a resident patient while he spends part 9 time in a treatment institution (including but not limited to a halfway house, hostel, or foster home) which is community 11 based and located so as to be quickly and easily accessible to

10

12 patients.

13

(1) "Outpatient services" includes all treatment and 14 rehabilitation services (including but not limited to clinics, 15 social centers, vocational rehabilitation services, welfare 16 centers, and job referral services) for drug abuse and drug

17

dependence provided while the patient is not a resident of a 18 treatment institution, which are community based and located

19

20

so as to be quickly and easily accessible to patients.

(m) "Prevention and treatment" includes all appropri21 ate forms of educational programs and services (including 22 but not limited to radio, television, films, books, pamphlets, 23 lectures, adult education, and school courses); planning, co24 ordinating, statistical, research, training, evaluation, report25 ing, classification, and other administrative, scientific, or

7

1 technical programs or services; and screening, diagnosis, 2 treatment (emergency medical care, inpatient, intermediate 3 care, and outpatient), vocational rehabilitation, job training 4 and referral, and other rehabilitation programs or services. 5 (n) "Secretary" means the Secretary of Health, Edu6 cation, and Welfare.

7 (o) "State" includes the District of Columbia, the 8 Virgin Islands, Puerto Rico, Guam, American Samoa, and 9 the Trust Territory of the Pacific Islands.

10 TITLE III-DRUG ABUSE PREVENTION, TREATMENT, AND REHABILITATION ADMINISTRATION

11

12

13

14

ESTABLISHMENT OF THE ADMINISTRATION

SEC. 301. (a) There is hereby established within the 15 Public Health Service of the Department of Health, Edu16 cation, and Welfare a Drug Abuse Prevention, Treatment, 17 and Rehabilitation Administration. The Administration shall 18 develop and conduct a comprehensive health, education, and 19 rehabilitation program for the prevention and treatment of 20 drug abuse and drug dependence.

21

(b) (1) The Administration shall be under the direo22 tion of a Commissioner, who shall be appointed by the

23 Secretary.

24.

(2) Section 5316 of title 5, United States Code, relating

8

1 to positions at level V of the Executive Schedule, is amended 2 by adding at the end thereof the following new item:

3 "(130) Commissioner, Drug Abuse Prevention, Treat4 ment, and Rehabilitation Administration, Department of 5 Health, Education, and Welfare."

6

(c) The Administration and its programs and services 7 shall be staffed with an adequate number of personnel, who 8 shall possess appropriate qualifications and competence, and

9

some of whom may formerly have been drug abusers or drug 10 dependent persons. Prior criminal arrests or convictions shall 11 not be a bar to such employment.

12

13

ADMINISTRATIVE FUNCTIONS OF THE ADMINISTRATION

SEC. 302. It shall be the duty of the Administration 14 with respect to its administrative functions to―

(a) administer any service or program relating to the prevention and treatment of drug abuse and drug dependence pursuant to a request in accordance with section 304 (a) of this Act;

(b) administer the program for treatment and rehabilitation of Federal offenders established under title IV of this Act;

(c) review and provide in writing an evaluation of the adequacy and appropriateness of the provisions relating to the prevention and treatment of drug abuse and drug dependence of all comprehensive State health, wel

9

fare, and rehabilitation plans submitted to the Federal Government pursuant to Federal law, including but not limited to those submitted pursuant to section 35 (a)

(15) of title 29 and sections 246 (a) (2) (L), 291c (a) (4), 1396a (a) (31), and 2684 (11) of title 42 of the United States Code;

(d) administer the grants and contracts authorized

under title VII of this Act; and

(e) administer any other service or program, or take any other action, consistent with the intent and objectives of this Act.

PLANNING FUNCTIONS OF THE ADMINISTRATION

SEC. 303. It shall be the duty of the Administration with

14 respect to its planning functions to

(a) develop a detailed and comprehensive Federal

drug abuse and drug dependence control plan to imple

ment the objectives and policies of this Act. The plan shall be submitted to Congress as soon as practicable, but

not later than one year after the enactment date of this Act. It shall be reviewed annually and submitted to Congress with any appropriate revisions as part of the Administration's annual report. The Commissioner shall, in developing the comprehensive Federal plan, consult and collaborate with all appropriate Federal, State, and