42 U.S.C. § 4541 — Congressional findings and declaration of

Page 6188 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 4528 to 4532 subsections (c)(2), (c)(4), (d), and (f), of title 12: Provided, That subsection (a)(1) of section 1749a 1 of title 12 shall not apply with respect to functions, powers, and duties under section 4520 1 of this title; (2) have the power, notwithstanding any other provision of law, in connection with any assistance under this part, whether before or after any default, to provide by contract for the extinguishment upon default of any re- demption, equitable, legal, or other right, title, or interest of the private new commu- nity developer or State land development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Sec- retary for the protection of the security inter- ests of the United States; and (3) have the power to foreclose on any prop- erty or commence any action to protect or en- force any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has pro- vided assistance pursuant to this part. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of com- promise or otherwise all claims acquired by him in connection with any security, subroga- tion, or other rights obtained by him in ad- ministering this part. (Pub. L. 91–609, title VII, § 726, Dec. 31, 1970, 84 Stat. 1801.) Editorial Notes REFERENCES IN TEXT Section 1749a of title 12, referred to in par. (1), was re- pealed by Pub. L. 99–498, title VII, § 702, Oct. 17, 1986, 100 Stat. 1545. Section 4520 of this title, referred to in par. (1), was repealed by Pub. L. 98–181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239. §§ 4528 to 4532. Repealed. Pub. L. 98–181, title I [title IV, § 474(e)], Nov. 30, 1983, 97 Stat. 1239 Section 4528, Pub. L. 91–609, title VII, § 727(a), Dec. 31, 1970, 84 Stat. 1802, provided for termination of new com- munity development projects under chapter 48 (§ 3901 et seq.) of this title and transition provisions for projects under this part. Section 4529, Pub. L. 91–609, title VII, § 727(f), Dec. 31, 1970, 84 Stat. 1803, provided for application of Federal labor standards for laborers and mechanics employed by contractors and subcontractors in new communities development program. Section 4530, Pub. L. 91–609, title VII, § 727(g), Dec. 31, 1970, 84 Stat. 1803, directed that the interest paid on ob- ligations issued by State land development agencies be included as gross income for purposes of chapter 1 of title 26. Section 4531, Pub. L. 91–609, title VII, § 728, Dec. 31, 1970, 84 Stat. 1803, authorized use of funds under the new communities development program jointly with funds available under other Federal assistance pro- grams. Section 4532, Pub. L. 91–609, title VII, § 729, Dec. 31, 1970, 84 Stat. 1804; Pub. L. 93–383, title VIII, § 803(a), (b), Aug. 22, 1974, 88 Stat. 725, provided for establishment and operation of New Community Development Cor- poration within Department of Housing and Urban De- velopment. CHAPTER 60—COMPREHENSIVE ALCOHOL ABUSE AND ALCOHOLISM PREVENTION, TREATMENT, AND REHABILITATION PRO- GRAM Sec. 4541. Congressional findings and declaration of pur- pose. 4542. Congressional declaration for utilization of programs under other Federal laws in fields of health and social services. SUBCHAPTER I—NATIONAL INSTITUTE ON, AND INTERAGENCY COMMITTEE ON FEDERAL AC- TIVITIES FOR, ALCOHOL ABUSE AND ALCO- HOLISM; REPORTS AND RECOMMENDATIONS 4551 to 4553. Repealed or Transferred. SUBCHAPTER II—ALCOHOL ABUSE AND ALCO- HOLISM PREVENTION, TREATMENT, AND REHA- BILITATION PROGRAMS FOR GOVERNMENT AND OTHER EMPLOYEES 4561. Transferred. SUBCHAPTER III—TECHNICAL ASSISTANCE AND FEDERAL GRANTS AND CONTRACTS PART A—TECHNICAL ASSISTANCE 4571 to 4574. Repealed or Transferred. PART B—IMPLEMENTATION AND PROJECT GRANTS AND CONTRACTS 4576. Repealed. 4577. Grants and contracts for demonstration of new and more effective drug and alcohol abuse prevention, treatment, and rehabili- tation programs. 4578. Authorizations of appropriations. PART C—ADMISSION TO HOSPITALS AND OUTPATIENT FACILITIES; CONFIDENTIALITY OF RECORDS 4581, 4582. Transferred. SUBCHAPTER IV—RESEARCH 4585 to 4588. Repealed or Transferred. SUBCHAPTER V—GENERAL PROVISIONS 4591. Separability. 4592. Recordkeeping for audit. 4593. Payments. 4594. Contract authority in appropriation Acts. § 4541. Congressional findings and declaration of purpose (a) The Congress finds that— (1) alcohol is one of the most dangerous drugs and the drug most frequently abused in the United States; (2) approximately ten million, or 7 percent, of the adults in the United States are alco- holics or problem drinkers; (3) it is estimated that alcoholism and other alcohol related problems cost the United States over $43,000,000,000 annually in lost pro- duction, medical and public assistance expend- itures, police and court costs, and motor vehi- cle and other accidents; (4) alcohol abuse is found with increasing frequency among persons who are multiple- drug abusers and among former heroin users who are being treated in methadone mainte- nance programs; Page 6189 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4541 (5) alcohol abuse is being discovered among growning numbers of youth; (6) alcohol abuse and alcoholism have a sub- stantial impact on the families of alcohol abusers and alcoholics and contributes to do- mestic violence; (7) alcohol abuse and alcoholism, together with abuse of other legal and illegal drugs, present a need for prevention and intervention programs designed to reach the general popu- lation and members of high risk populations such as youth, women, the elderly, and fami- lies of alcohol abusers and alcoholics; and (8) alcoholism is an illness requiring treat- ment and rehabilitation through the assist- ance of a broad range of community health and social services and with the cooperation of law enforcement agencies, employers, em- ployee associations, and associations of con- cerned individuals. (b) It is the policy of the United States and the purpose of this chapter to approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and to meet the problems of alcohol abuse and alcoholism through— (1) comprehensive Federal, State, and local planning for, and effective use of, Federal as- sistance to States, and direct Federal assist- ance to community-based programs to meet the urgent needs of special populations, in co- ordination with all other governmental and nongovernmental sources of assistance; (2) the development of methods for diverting problem drinkers from criminal justice sys- tems into prevention and treatment programs; (3) the development and encouragement of prevention programs designed to combat the spread of alcoholism, alcohol abuse, and abuse of other legal and illegal drugs; (4) the development and encouragement of effective occupational prevention and treat- ment programs within government and in co- operation with the private sector; and (5) increased Federal commitment to re- search into the behavioral and biomedical eti- ology of, the treatment of, and the mental and physical health and social and economic con- sequences of, alcohol abuse and alcoholism. (Pub. L. 91–616, § 2, as added Pub. L. 93–282, title I, § 102(a), May 14, 1974, 88 Stat. 126; amended Pub. L. 94–371, § 2, July 26, 1976, 90 Stat. 1035; Pub. L. 95–622, title II, § 268(a), Nov. 9, 1978, 92 Stat. 3437; Pub. L. 96–180, § 2, Jan. 2, 1980, 93 Stat. 1301.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, known as the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Re- habilitation Act of 1970. For complete classification of this Act to the Code, see Short Title note below and Tables. AMENDMENTS 1980—Subsec. (a)(2). Pub. L. 96–180, § 2(a), substituted current findings of number of alcoholics or problem drinkers in the country (approximately ten million or 7 percent of the adults) for 1974 findings of number of alcohol abusers and alcoholics of estimated number of ninety-five million drinkers in the Nation (minimum of nine million or 7 per centum of the adults). Subsec. (a)(3). Pub. L. 96–180, § 2(a), substituted cur- rent findings respecting annual cost of over $43,000,000,000 to the United States for alcoholism and other related problems in lost production, motor vehi- cle and other accidents, and other items, for 1974 find- ings respecting minimum annual problem drinking costs of $15,000,000 to the national economy in lost working time and identical other items. Subsec. (a)(6). Pub. L. 96–180, § 2(b)(1), inserted con- gressional finding respecting contribution of alcohol abuse and alcoholism to domestic violence. Subsec. (a)(7). Pub. L. 96–180, § 2(b)(3), added par. (7). Former par. (7) redesignated (8). Subsec. (a)(8). Pub. L. 96–180, § 2(b)(2), redesignated former par. (7) as (8) and enlisted cooperation of em- ployers, employee associations, and associations of concerned individuals in treatment and rehabilitation of alcoholics. Subsec. (b)(2). Pub. L. 96–180, § 2(c)(1), struck out ‘‘and’’ at end. Subsec. (b)(3) to (5). Pub. L. 96–180, § 2(c)(3), added pars. (3) and (4) and redesignated former par. (3) as (5). 1978—Subsec. (a)(6), (7). Pub. L. 95–622 added par. (6) and redesignated former par. (6) as (7). 1976—Subsec. (b). Pub. L. 94–371 restructured provi- sions and inserted authorization for increased Federal commitment to research into the behavioral and bio- medical etiology of alcohol abuse and alcoholism and the treatment and consequences of alcohol abuse and alcoholism. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1980 AMENDMENT Pub. L. 96–180, § 1(a), Jan. 2, 1980, 93 Stat. 1301, pro- vided that: ‘‘This Act [enacting section 4594, amending this section and sections 4551 to 4553, 4561, 4571 to 4573, 4576 to 4578, 4585, 4587, and 4588 of this title, and enact- ing provisions set out as notes under this section and section 4552 of this title] may be cited as the ‘Com- prehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1979’.’’ SHORT TITLE OF 1976 AMENDMENT Pub. L. 94–371, § 1, July 26, 1976, 90 Stat. 1035, provided: ‘‘That this Act [enacting sections 4578 and 4585 to 4588 of this title, amending this section, sections 218, 3511, 4571 to 4573, 4576, 4577, and 4581 of this title, and sections 1176 and 1177 of Title 21, Food and Drugs, and enacting provisions set out as notes under sections 4573 and 4577 of this title, and sections 1176 and 1177 of Title 21] may be cited as the ‘Comprehensive Alcohol Abuse and Alco- holism Prevention, Treatment, and Rehabilitation Act Amendments of 1976’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–282, title I, § 101, May 14, 1974, 88 Stat. 126, provided that: ‘‘This title [enacting this section and sections 4542, 4553, 4576, and 4577 of this title, amending sections 242a, 4571, 4572, 4573, 4581, and 4582 of this title, and enacting provisions set out as notes under sections 4581 and 4582 of this title] may be cited as the ‘Com- prehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974’.’’ SHORT TITLE Pub. L. 91–616, § 1, Dec. 31, 1970, 84 Stat. 1848, provided that: ‘‘This Act [enacting this chapter and section 2688j–2 of this title and amending sections 218, 246, 2688h and 2688t of this title] may be cited as the ‘Comprehen- Page 6190 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4542 sive Alcohol Abuse and Alcoholism Prevention, Treat- ment, and Rehabilitation Act of 1970’.’’ NATIONAL COMMISSION ON ALCOHOLISM AND OTHER AL- COHOL-RELATED PROBLEMS; ESTABLISHMENT; EXECU- TIVE SECRETARY; INTERIM AND FINAL REPORTS OF STUDY; TERMINATION; AUTHORIZATION OF APPROPRIA- TIONS Pub. L. 96–180, § 18, Jan. 2, 1980, 93 Stat. 1306, as amended by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979; Pub. L. 98–24, § 5(a)(2), Apr. 26, 1983, 97 Stat. 183, 93 Stat. 695, provided that: ‘‘(a)(1) There is established a Commission to be known as the National Commission on Alcoholism and Other Alcohol-Related Problems (hereinafter in this section referred to as the ‘Commission’). The Commis- sion shall be composed of— ‘‘(A) four Members of the Senate appointed by the President of the Senate upon the recommendation of the majority and minority leaders; ‘‘(B) four Members of the House of Representatives appointed by the Speaker of the House of Representa- tives upon the recommendation of the majority and minority leaders; ‘‘(C) nine public members appointed by the Presi- dent; and ‘‘(D) not more than four nonvoting members ap- pointed by the President from individuals employed in the administration of programs of the Federal Government which affect the prevention and treat- ment of alcoholism and the rehabilitation of alco- holics and alcohol abusers. At no time shall more than two members appointed under subparagraph (A), more that two of the members appointed under subparagraph (B), or more than five of the members appointed under subparagraph (C) be members of the same political party. ‘‘(2)(A) The President shall designate one of the mem- bers of the Commission as Chairman, and one as Vice Chairman. Nine members of the Commission shall con- stitute a quorum, but a lesser number may conduct hearings. Members appointed under paragraph (1)(D) shall not be considered in determining a quorum of the Commission. ‘‘(B) Members of the Commission shall serve without compensation, but shall be reimbursed for travel, sub- sistence, and other necessary expenses incurred in the performance of the duties vested in the Commission. ‘‘(C) The Commission shall meet at the call of the Chairman or at the call of the majority of the members thereof. ‘‘(3)(A) The Commission may appoint, without regard to the provisions of title 5, United States Code, gov- erning appointments in the competitive service, an ex- ecutive secretary to assist the Commission in carrying out its functions. ‘‘(B) The Secretary shall provide the Commission with such additional professional and clerical staff, such information, and the services of such consultants as the Secretary determines necessary for the Commis- sion to carry out effectively its functions. ‘‘(C) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this section. Upon request of the Chairman of the Commis- sion, the head of such department or agency shall fur- nish such information to the Commission consistent with applicable laws and regulations with respect to the privacy of medical records. ‘‘(b) The Commission shall conduct a study of alco- holism and alcohol-related problems and shall include in the study— ‘‘(1) an assessment of unmet treatment and reha- bilitation needs of alcoholics and their families; ‘‘(2) an assessment of personnel needs in the fields of research, treatment, rehabilitation, and preven- tion; ‘‘(3) an assessment of the integration and financing of alcoholism treatment and rehabilitation into health and social health care services within commu- nities; ‘‘(4) a study of the relationship of alcohol use to ag- gressive behavior and crime; ‘‘(5) a study of the relationship of alcohol use to family violence; ‘‘(6) a study of the relationship of alcoholism to ill- nesses, particularly those illnesses with a high stress component, among family members of alcoholics; ‘‘(7) an evaluation of the effectiveness of prevention programs, including the relevance of alcohol control laws and regulations to alcoholism and alcohol-re- lated problems; ‘‘(8) a survey of the unmet research needs in the area of alcoholism and alcohol-related problems; ‘‘(9) a survey of the prevalence of occupational alco- holism and alcohol abuse programs offered by Federal contractors; and ‘‘(10) an evaluation of the needs of special and un- derserved population groups, including American In- dians, Alaskan Natives, Native Hawaiians, Native American Pacific Islanders, youth, the elderly, women, and the handicapped and assess the adequacy of existing services to fulfill such needs. ‘‘(c) The Commission shall submit to the President and the Congress such interim reports as it deems ad- visable and shall within two years after the date on which funds first become available to carry out this section submit to the President and the Congress a final report which shall contain a detailed statement of its findings and conclusions and also such recommenda- tions for legislation and administrative actions as it deems appropriate. The Commission shall cease to exist sixty days after the final report is submitted under this subsection. ‘‘(d) The Secretary of Health and Human Services shall be responsible for the coordination of the activi- ties of the Commission. ‘‘(e) There are authorized to be appropriated for the purposes of this section $1,000,000 to remain available until the expiration of the Commission.’’ § 4542. Congressional declaration for utilization of programs under other Federal laws in fields of health and social services The Congress declares that, in addition to the programs under the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 [42 U.S.C. 4541 et seq.], programs under other Federal laws which provide Federal or federally assisted research, prevention, treatment, or rehabilitation in the fields of health and social services should be ap- propriately utilized to help eradicate alcohol abuse and alcoholism as a major problem. (Pub. L. 93–282, title I, § 102(b), May 14, 1974, 88 Stat. 126.) Editorial Notes REFERENCES IN TEXT The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, referred to in text, is Pub. L. 91–616, Dec. 31, 1970, 84 Stat. 1848, which is classified principally to this chap- ter (§ 4541 et seq.). For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4541 of this title and Tables. CODIFICATION Section was not enacted as part of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 which comprises this chapter.