§7361 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office of Personnel Management must work with the President, the Secretary of Health and Human Services (through the National Institute on Drug Abuse), and other agencies to create prevention, treatment, and rehab programs for employees with drug problems. Agencies are encouraged to include employees’ families when possible and to use existing government facilities, services, and skills. The privacy rules in section 527 of the Public Health Service Act (42 U.S.C. 290ee–3) apply to records for these programs. Agencies must send any written reports the Office asks for to help prepare the report under section 7363. "Agency" means an Executive agency.

Title 5, §7361

Government Organization and Employees — Source: USLM XML via OLRC

(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 National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, 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 11 See References in Text note below. of the Public Health Service Act (42 U.S.C. 290ee–3), 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.

(d)For the purpose of this section, the term “agency” means an Executive agency.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 527 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to section 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 appropriate, to carry out the purposes prescribed in subsection (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 alcohol abuse or drug abuse, whether provided by the Federal Government or otherwise; “(4) confidentiality protections afforded in connection with any prevention, treatment, or rehabilitation programs or services; “(5) any penalties provided under law or regulation, and any administrative action (permissive or mandatory), 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.”

§7361 Drug abuse