Federal Drug Abuse and Drug Dependence Prevention Treatment, and Rehabilitation Act

Federal Drug Abuse and Drug Dependence Prevention, Treatment, and Rehabilitation Act - Title I: Findings and Declaration of Purposes - Asserts that drug abuse and drug dependence are increasing throughout the country; that drug depencence is an illness or disease that requires treatment through health and rehabilitation services.

Declares that a Drug Abuse Prevention, Treatment, and Rehabilitation Administration shall be established with the Department of Health, Education, and Welfare to coordinate all Federal health or rehabilitation programs related to the prevention and treatment of drug abuse and drug dependence.

Title II: Definitions - Incorporates the definitions of the Controlled Dangerous Substances Act of 1969.

Defines "Prevention and treatment" so as to include all appropriate forms of educational programs and services (including but not limited to radio, television, films, books, pamphlets, lectures, adult education, and school courses); planning, coordinating, statistical, research, training, evaluation, reporting, classification and other administrative, scientific, or technical programs or services; and screening, diagnosis, treatment (emergency medical care, inpatient, intermediate care, and outpatient), vocational rehabilitation programs or services.

Title III: Drug Abuse Prevention, Treatment, and Rehabilition Administration - Establishes a Drug abuse Prevention, Treatment, and Rehabilitation Administration within the Public Health Service of the Department of HEW. Sets out the administrative functions of the Administration. Provides that such functions include administration of programs for Federal employees, administration of the programs for the treatment and rehabilitation of Federal criminal offenders, appropriate reviews in the health planning area, and administration of the grants and contracts that are authorized.

Title IV: Treatment and Rehabilitation of Federal Offenders - Sets out the types of treatment and rehabilitation services which shall be provided to persons charged with, convicted of, or serving a criminal sentence for any criminal offense under Federal law. Provides that such services shall include emergency medical care service, inpatient services, impatient services, and intermediate care, and outpatient services. Asserts that persons receiving such assistance may be required to contribute toward the cost of treatment. Provides that regulations shall specify how government funds available to any person for treatment under Federal-State programs shall be used to pay for such treatment.

Permits a court to order up to 30 additional days of emergency medical care services for a drug dependent person who, even after the initial detention period is in imminent danger of sustaining substantial physical harm and is not in a position to exercise a rational judgment about accepting assistance. Provides that such a person, when once again able to make a rational judgement about accepting assistance, shall be committed for treatment, detained for pretrail treatment, or handled as in any other criminal case.

Permits a court after a civil hearing, to order the pre-trail detention of a drug dependent person charged with a Federal, drug related felony, other than a felony under the Controlled Dangerous Substance Act of 1969, upon a finding that: (1) there is clear evidence that the person is a drug dependent person and that the offense charged is a drug related felony; and (2) appropriate treatment for drug dependence is available for him. Provides that such detention may last for 60 days and continuances may be granted only upon a showing of compelling circumstances

Title V: Prevention and Treatment for Federal Employees, Military Personnel, and Veterans Provides that the Civil Service Commission shall be responsible for developing and maintaining, in cooperation with the other Federal agencies and departments, appropriate and services for the prevention and treatment of drug abuse and drug dependence among Federal employees. Asserts that government employees who are drug abusers or drug dependents shall retain the same employment and other benefits as other persons afflicted with serious health problems, and shall not lose pension, retirement, medical, or other rights. Provides that an exception is made for sensitive employment.

Provides that all health and disability insurance policies and plans covering Federal employees shall handle drug abuse and drug dependence in the same way as other health problems, illnesses, and diseases.

Deals with drug dependence among military personnel and provides that drug dependence shall be regarded as a physical disability and shall not be regarded as the result of intentional misconduct or willfull neglect. Provides that drug benefits as other persons afflicted with serious illnesses, shall retain the same employment and other benefits as other persons afflicted with serious health problems and shall not lose pension, retirement, medical, other rights because of drug dependence and that medical care provided to military personnel and dependents shall include appropropriate treatment services for drug abuse and drug dependence. Provides that any penalties imposed upon military personnel pursuant to the Uniform Code of Military Justice for offenses which would otherwise fall within the Controlled Dangerous Substances Act of 1969 shall be no greater than or different from penalties provided under that Act.

Title VI: Prevention and Treatment Under Federal Health, Welfare, and Rehabilitation Programs Provides that a drug abuser or drug dependent person shall be regarded as a sick or disabled person eligible for treatment under medicare and medicaid, and provides that State plans for medical assistance must include provisions for prevention and treatment of drug abuse and drug dependence.

Provides that a drug abuser or drug dependent person shall be regarded as eligible for treatment disability benefits under the Social Security Act, as amended.

Provides that drug abuse and drug dependence shall be a matter of high priority item for programs undertaken under the Economic Opportunitiy Act of 1964.

Provides that a drug abuser or drug dependent person or facility or program or service for the prevention or treatment of drug abuse or drug dependence, shall be eligible for funds made available under Vocational Rehabilitation legislation.

Provides that State and Federal agencies charged with administering welfare programs shall take action to reduce the incidence of financial indigency and family disintegration caused by drug abuse and drug dependence, and shall provide for treatment and rehabilitation services for those persons enrolled in welfare programs whose financial eligibility for such assistance results, in part or in whole, from drug abuse or drug dependence. Makes various drug abuse and drug dependence prevention and treatment programs and services for persons enrolled in welfare programs eligible for Federal assistance, and provides that persons eligible for welfare assistance shall not be ineligible for such assistance because of drug abuse or drug dependence, and that any drug abuse or drug dependence treatment facility shall qualify as a "medical institution" within that title of the Federal Code which deals with the payment of welfare benefits. Provides that any recipient of welfare assistance whose inability to work or to participate in a work training program is the result of drug abuse or drug dependence shall be excused from such participation only on condition that he accept appropriate treatment and rehabilitation services made available to him.

Title VII: Federal Assistance for State and Local Programs - Requires that comprehensive State health plans submitted from funding under the Public Health Service Act include planning for the prevention and treatment of drug abuse and drug dependence.

Requires that State plans submitted to obtain funds for assistance in carrying out programs under the provisions of the Public Health Service Act for construction and modernization of hospitals and other medical facilities include a survey of facilities need to provide adequate service for the prevention and treatment of drug abuse and drug dependence under these provisions are to be a matter of high priority.

Requires that State plans submitted for funding under the Community Mental Health Centers Act provide for services for prevention and treatment of drug abuse and drug dependence commensurate with the extent of the problem.

Provides that drug abusers and drug dependent persons shall be admitted to and treated in private and public hospitals on the basis of medical need and shall not be discriminated against because of their drug abuse or drug dependence, and that no hospital that violates this section shall receive Federal financial assistance under the provisions of this Act or any other Feder law administered by the Secretary.

Title VIII: The Secretary's Advisory Committee on Drug Abuse and Drug Dependence - Establishes an Advisory Committee on Drug Abuse and Drug Dependence, to advise and consult with the Secretary and the Administration and to assist them in carrying out the provisions of this Act.

Provides that the Committee may appoint one or more technical consultants from experts throughout the country to assist in evaluating the progress of the Administration so that it will have the best possible prevention, treatment, and rehabilitation programs for drug abuse and drug dependence.

Title IX: Intergovernmental Coordination Council On Drug Abuse and Drug Dependence - Establishes an Intergovernmental Coordinating Council on Drug Abuse and Drug Dependence consisting of the Secretary or his representative, who shall serve as Chariman, the executive director of the Secretary's Advisory Committee on Drug Abuse and Drug Dependence, four representatives of Federal departments and agencies, and five representatives of State and local government departments or agencies. Provides that the Coordination Council may appoint such technical consultants as are deemed appropriate for advising the Council in carrying out its functions.

Provides that the Coordinating Council is authorized and directed to assist the Secretary and the Administration to coordinate all Federal prevention, treatment, and rehabilitation efforts to deal with the problems of drug abuse and drug dependence, assist the Administration in carrying out its function of coordinating such Federal efforts with State and local governments, engage in educational programs among Federal employees, and in other appropriate activities, designed to prevent drug abuse and drug dependence, implement programs for the rehabilitation of Federal employees who are drug dependent persons, and develop and maintain any other appropriate activities consistent with the purpose of this Act.

Title X: General - Provides that the Secretary may promulgate regulation pursuant to the requirements of the Administration Procedures to implement this Act. Provides for a separability provision. Provides that following the two obsolete Federal statutory provisions , both of which are replaced by broader and more modern provisions in this Act, are repealed: The Narcotic Addict Rehabilitation Act of 1966, and Part E of Chapter 6A of title 42 of the United States Code.

Provides that sufficient funds shall be appropriated for each fiscal year to provide for the implementation of this Act. Provides that this Act shall take effect 180 days after its enactment.