EAP Authorities

Health services for Federal employees are authorized by Public Law 79-658. These services are provided to promote the physical and mental fitness of Federal employees. The authority for substance abuse programs is found in: Sec. 201 of Public Law 91-616, 84 Stat. 1849, as amended and transferred to Sec. 520 of the Public Health Services Act by Sec. 2(b) (13) of Public Law 98-24 (42 U.S.C. § 290dd-1), and Sec. 413 of Public Law 92-255, 88 Stat. 84, as amended and transferred to Sec. 525 of the Public Health Services Act by Sec.2(b)(16)(a) of Public Law 96-24 (42 U.S.C. § 290ee-1).

Public Laws 96-180 and 96-181 authorized agencies to provide counseling services, to the extent feasible, to family members of employees who have alcohol and drug problems, and to employees with family members who have substance abuse problems.

Public Law 99-570, The Federal Employee Substance Abuse Education and Treatment Act of 1986, and title 5 Code of Federal Regulations (CFR) Part 792, require Federal agencies to establish appropriate prevention, treatment, and rehabilitative programs and services for alcohol and drug abuse problems for Federal civilian employees and to report annually to Congress on these programs (5 U.S.C. § 7361 and § 7362).

Executive Order 12564 requires agencies to establish drug-free Federal workplace programs, including an Employee Assistance Program (EAP) as an essential element in achieving a drug-free workforce. Agencies must refer all employees found to be using illegal drugs to the EAP for assessment, counseling, and referral for treatment or rehabilitation, as appropriate.