5 U.S.C. § 7361 — Drug abuse

Page 902 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 7361 1 See References in Text note below. (c) A Member of Congress or an officer or em- ployee who violates this section shall be subject to appropriate disciplinary and other remedial action in accordance with any applicable laws, Executive orders, and rules or regulations. (d) For purposes of this section— (1) the term ‘‘supervising ethics office’’ means— (A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives; (B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Sen- ators, officers, and employees of the Senate; (C) the Judicial Conference of the United States for judges and judicial branch officers and employees; (D) the Office of Government Ethics for all executive branch officers and employees; and (E) in the case of legislative branch offi- cers and employees other than those speci- fied in subparagraphs (A) and (B), the com- mittee referred to in either such subpara- graph to which reports filed by such officers and employees under subchapter I of chapter 131 of this title are transmitted under such subchapter, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and (2) the term ‘‘officer or employee’’ means an individual holding an appointive or elective position in the executive, legislative, or judi- cial branch of Government, other than a Mem- ber of Congress. (Added Pub. L. 101–194, title III, § 303(a), Nov. 30, 1989, 103 Stat. 1746; amended Pub. L. 101–280, § 4(d), May 4, 1990, 104 Stat. 158; Pub. L. 107–347, title II, § 209(g)(1)(C), Dec. 17, 2002, 116 Stat. 2932; Pub. L. 117–286, § 4(c)(9), Dec. 27, 2022, 136 Stat. 4354.) Editorial Notes AMENDMENTS 2022—Subsec. (d)(1)(E). Pub. L. 117–286 substituted ‘‘subchapter I of chapter 131 of this title are trans- mitted under such subchapter,’’ for ‘‘title I of the Eth- ics in Government Act of 1978 are transmitted under such title,’’. 2002—Subsec. (b)(4). Pub. L. 107–347 added par. (4). 1990—Subsec. (a). Pub. L. 101–280, § 4(d)(1)(A), sub- stituted ‘‘branch’’ for ‘‘branches’’ in introductory pro- visions. Subsec. (a)(1). Pub. L. 101–280, § 4(d)(1)(B), substituted ‘‘by, the’’ for ‘‘by the’’ and ‘‘entity’’ for ‘‘agency’’. Subsec. (c). Pub. L. 101–280, § 4(d)(2), substituted ‘‘A Member of Congress or an officer or employee’’ for ‘‘An employee’’. Subsec. (d)(1)(B). Pub. L. 101–280, § 4(d)(3)(A)(i), sub- stituted ‘‘officers,’’ for ‘‘officers’’. Subsec. (d)(1)(E). Pub. L. 101–280, § 4(d)(3)(A)(ii), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: ‘‘the ethics committee with which the officer or employee is required to file finan- cial disclosure forms, for all legislative branch officers and employees other than those specified in subpara- graphs (A) and (B), except that such authority may be delegated; and’’. Subsec. (d)(2). Pub. L. 101–280, § 4(d)(3)(B), substituted ‘‘Government,’’ for ‘‘Government’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Standards of Official Conduct of House of Representatives changed to Committee on Ethics of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. LIMITATION ON ACCEPTANCE OF HONORARY CLUB MEMBERSHIPS Pub. L. 110–402, § 2, Oct. 13, 2008, 122 Stat. 4255, as amended by Pub. L. 117–286, § 4(c)(10), Dec. 27, 2022, 136 Stat. 4354, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) GIFT.—The term ‘gift’ has the meaning given under section 13101(5) of title 5, United States Code. ‘‘(2) JUDICIAL OFFICER.—The term ‘judicial officer’ has the meaning given under section 13101(10) of title 5, United States Code. ‘‘(b) PROHIBITION ON ACCEPTANCE OF HONORARY CLUB MEMBERSHIPS.—A judicial officer may not accept a gift of an honorary club membership with a value of more than $50 in any calendar year.’’ SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM § 7361. Drug abuse (a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the Na- tional Institute on Drug Abuse), and with other agencies, and in accordance with applicable pro- visions of this subchapter, appropriate preven- tion, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills. (b) Section 527 1 of the Public Health Service Act (42 U.S.C. 290ee–3), relating to confiden- tiality of records, and any regulations pre- scribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. (c) Each agency shall, with respect to any pro- grams or services provided by such agency, sub- mit such written reports as the Office may re- quire in connection with any report required under section 7363 of this title. (d) For the purpose of this section, the term ‘‘agency’’ means an Executive agency. (Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–157.) Editorial Notes REFERENCES IN TEXT Section 527 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 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 under law or regulation, and any administrative action (permissive or manda- tory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or rehabilitation services; and ‘‘(6) any other matter which the Director considers appropriate.’’ § 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 Serv- ices and with other agencies, and in accordance with applicable provisions of this subpart, ap- propriate prevention, treatment, and rehabilita- tion 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 al- coholic employees and to employees who have family members who are alcoholics. Such pro- grams and services shall make optimal use of existing governmental facilities, services, and skills. (b) Section 523 1 of the Public Health Service Act (42 U.S.C. 290dd–3), relating to confiden- tiality of records, and any regulations pre- scribed thereunder, shall apply with respect to records maintained for the purpose of carrying out this section. (c) Each agency shall, with respect to any pro- grams or services provided by such agency, sub- mit such written reports as the Office may re- quire in connection with any report required under section 7363 of this title. (d) For the purpose of this section, the term ‘‘agency’’ means an Executive agency. (Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–157.) Editorial Notes REFERENCES IN TEXT Section 523 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 290dd–3 of Title 42, The Public Health and Welfare, was renumbered section 544 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. § 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 Edu- cation and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in sub- section (b). (b) Each report under this section shall in- clude— (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 ade- quacy of any funding 1 such program or serv- ice; (2) a description of the levels of participa- tion 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 quali- fications 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 su- pervisory personnel in connection with recog- nizing 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 con- sidered appropriate by the Office and any pro- posed administrative actions; and (6) information describing any other related activities under section 7904 of this title, and any other matter which the Office considers appropriate. (Added Pub. L. 99–570, title VI, § 6002(a)(1), Oct. 27, 1986, 100 Stat. 3207–158.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986, referred to in subsec. (a), is the date of enactment of title VI of Pub. L. 99–570 which was approved Oct. 27, 1986. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L.