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5 U.S.C. § 7362 — Alcohol abuse and alcoholism

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7362 — Alcohol abuse and alcoholism

**(a)** The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. **(b)** Section 523 11 See References in Text note below. of the Public Health Service Act ([42 U.S.C. 290dd–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290dd–3&num=0&edition=prelim)), relating to confidentiality of records, and any regulations prescribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. **(c)** Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under [section 7363 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7363&num=0&edition=prelim). **(d)** For the purpose of this section, the term “agency” means an Executive agency.

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Source location: Title 5, Chapter 73, § 7362; chapter-073-suitability-security-and-conduct.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7363 — Reports to Congress

**(a)** The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b). **(b)** Each report under this section shall include— (1) a description of any programs or services provided under section 7361 or 7362 of this title, including the costs associated with each such program or service and the source and adequacy of any funding 11 So in original. Probably should be followed by “of”. such program or service; (2) a description of the levels of participation in each program and service provided under section 7361 or 7362 of this title, and the effectiveness of such programs and services; (3) a description of the training and qualifications required of the personnel providing any program or service under section 7361 or 7362 of this title; (4) a description of the training given to supervisory personnel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance; (5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and (6) information describing any other related activities under [section 7904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7904&num=0&edition=prelim), and any other matter which the Office considers appropriate.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290dd–3 — Grants for reducing overdose deaths

**(a) Establishment** (1) **In general** — The Secretary shall award grants to eligible entities to expand access to drugs or devices approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act [[21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.] for emergency treatment of known or suspected opioid overdose. (2) **Eligible entity** — For purposes of this section, the term “eligible entity” means a State, Territory, locality, or Indian Tribe or Tribal organization (as those terms are defined in [section 5304 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304&num=0&edition=prelim)). (3) **Subgrants** — For the purposes for which a grant is awarded under this section, the eligible entity receiving the grant may award subgrants to a Federally qualified health center (as defined in [section 1395x(aa) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395x/aa&num=0&edition=prelim)), an opioid treatment program (as defined in section 8.2 of title 42, Code of Federal Regulations (or any successor regulations)), any practitioner dispensing narcotic drugs for the purpose of maintenance or detoxification treatment, or any nonprofit organization that the Secretary deems appropriate, which may include Urban Indian organizations (as defined in [section 1603 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1603&num=0&edition=prelim)). (4) **Prescribing** — For purposes of this section, the term “prescribing” means, with respect to a drug or device approved, cleared, or otherwise legally marketed under the Federal Food, Drug, and Cosmetic Act for emer

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290dd–2 — Confidentiality of records

**(a) Requirement** Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b). **(b) Permitted disclosure** (1) **Consent** — The following shall apply with respect to the contents of any record referred to in subsection (a): (A) Such contents may be used or disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained. (B) Once prior written consent of the patient has been obtained, such contents may be used or disclosed by a covered entity, business associate, or a program subject to this section for purposes of treatment, payment, and health care operations as permitted by the HIPAA regulations. Any information so disclosed may then be redisclosed in accordance with the HIPAA regulations. [Section 17935(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section17935/c&num=0&edition=prelim) shall apply to all disclosures pursuant to subsection (b)(1) of this section. (C) It shall be permissible for a patient’s prior written consent to be given once for all such future uses or disclosures for purposes of treatment, payment, and health care operations, until such time as the patient revokes such consent in writing. (D) [Section 17935(a) of this title](https://uscode.house.gov/view.xh

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290dd — Substance abuse among government and other employees

**(a) Programs and services** (1) **Development** — The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall be responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and in private industry. (2) **Model programs** (A) *In general* — Consistent with the responsibilities described in paragraph (1), the Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall develop a variety of model programs suitable for replication on a cost-effective basis in different types of business concerns and State and local governmental entities. (B) *Dissemination of information* — The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall disseminate information and materials relative to such model programs to the State agencies responsible for the administration of substance abuse prevention, treatment, and rehabilitation activities and shall, to the extent feasible provide technical assistance to such agencies as requested. **(b) Deprivation of employment** (1) **Prohibition** — No person may be denied or deprived of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse. (2) **Application** — This subsection shall not apply to employment in— (A) the Central Intelligence Agency; (B) the Federal Bureau of Investigation; (C) the National Security Agency; (D) any other department or agency of the Federal Government designated for purposes of national security by the President; or (E) in any position in any department or agency of the Federal Government, not referred to in subparagraphs (A) through (D), which position is

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290dd

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290dd — Substance abuse among government and

Page 923 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 290dd and the definition of ‘‘substance abuse services’’ was amended to define ‘‘substance use disorder services’’ by Pub. L. 115–123, div. E, title IX, § 50901(b)(8)(B)(ii), (iii), Feb. 9, 2018, 132 Stat. 285. AMENDMENTS 2016—Par. (4). Pub. L. 114–255 amended par. (4) gen- erally. Prior to amendment, text read as follows: ‘‘The term ‘substance abuse’ means the abuse of alcohol or other drugs.’’ 2002—Par. (2). Pub. L. 107–251 substituted ‘‘254b(h)(5) ’’ for ‘‘256(r)’’. 1990—Pub. L. 101–645 amended section generally, sub- stituting provisions relating to definitions for provi- sions relating to nondiscrimination. § 290cc–35. Funding (a) Authorization of appropriations For the purpose of carrying out this part, there is authorized to be appropriated $64,635,000 for each of fiscal years 2023 through 2027. (b) Effect of insufficient appropriations for min- imum allotments (1) In general If the amounts made available under sub- section (a) for a fiscal year are insufficient for providing each State with an allotment under section 290cc–21 of this title of not less than the applicable amount under section 290cc–24(a)(1) of this title, the Secretary shall, from such amounts as are made available under such subsection, make grants to the States for providing to eligible homeless indi- viduals the services specified in section 290cc–22(b) of this title. (2) Rule of construction Paragraph (1) may not be construed to re- quire the Secretary to make a grant under such paragraph to each State. (July 1, 1944, ch. 373, title V, § 535, as added Pub. L. 100–77, title VI, § 611(3), July 22, 1987, 101 Stat. 523; amended Pub. L. 100–607, title VIII, § 811(a), Nov. 4, 1988, 102 Stat. 3169; Pub. L. 100–628

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7362 — Alcohol abuse and alcoholism

Page 903 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7363 1 See References in Text note below. 1 So in original. Probably should be followed by ‘‘of’’. 290ee–3 of Title 42, The Public Health and Welfare, was renumbered section 548 of that Act by Pub. L. 100–77, title VI, § 611(2), July 22, 1987, 101 Stat. 516 and then omitted in the general revision of Part D of Subchapter III–A of Chapter 6A of Title 42 by Pub. L. 102–321, title I, § 131, July 10, 1992, 106 Stat. 366. Provisions relating to the confidentiality of patient records are now classified to section 290dd–2 of Title 42. Statutory Notes and Related Subsidiaries EDUCATIONAL PROGRAM FOR FEDERAL EMPLOYEES RELATING TO DRUG AND ALCOHOL ABUSE Pub. L. 99–570, title VI, § 6003, Oct. 27, 1986, 100 Stat. 3207–159, provided that: ‘‘(a) ESTABLISHMENT.—The Director of the Office of Personnel Management shall, in consultation with the Secretary of Health and Human Services, establish a Government-wide education program, using seminars and such other methods as the Director considers ap- propriate, to carry out the purposes prescribed in sub- section (b). ‘‘(b) PURPOSES.—The program established under this section shall be designed to provide information to Federal Government employees with respect to— ‘‘(1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse; ‘‘(2) the symptoms of alcohol abuse and drug abuse; ‘‘(3) the availability of any prevention, treatment, or rehabilitation programs or services relating to al- cohol abuse or drug abuse, whether provided by the Federal Government or otherwise; ‘‘(4) confidentiality protections afforded in connec- tion with any prevention, treatment, or rehabilita- tion programs or services; ‘‘(5) any penalties provided

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