§ 1703. Appointment and duties of Director and Deputy Directors

Footnotes

1. 1 See References in Text note below.
2. 2 Probably should be “1705(h)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1998

   Pub. L. 105–277 div. C title VII · 112 Stat. 2681

   Enacted · 21 U.S.C. § 1703

   Pub. L. 105–277, div. C, title VII, §§ 704, 715, Oct. 21, 1998, 112 Stat. 2681–672, 2681–693

   Source evidence

   Code source credit
   Pub. L. 105–277, div. C, title VII, §§ 704, 715, Oct. 21, 1998, 112 Stat. 2681–672, 2681–693

   Enacted provision · exact public law
   TITLE VII— OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION SEC. 701. SHORT TITLE. This title may be cited as the “Office of National Drug Control 21 USC 1701 Policy Reauthorization Act of 1998”. 21 USC 1701 note. SEC. 702. DEFINITIONS. In this title: (1) Demand reduction.— The term “demand reduction” means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is intended to reduce the use of drugs, including— (A) drug abuse education; (B) drug abuse prevention; (C) drug abuse treatment; (D) drug abuse research; (E) drug abuse rehabilitation; (F) drug-free workplace programs; and (G) drug testing. (2) Director.— The term “Director” means the Director of National Drug Control Policy. (3) Drug.— The term “drug” has the meaning given the term “controlled substance” in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)). (4) Drug control.— The term “drug control” means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction. (5) Fund.— The term “Fund” means the fund established under section 703(d). (6) National drug control program.— The term “National Drug Control Program” means programs, policies, and activities undertaken by National Drug Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy. (7) National drug control program agency.— The term “National Drug Control Program agency” means any agency that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Foreign Intelligence Program, the Joint Military Intelligence Program or Tactical Intelligence and Related Activities, unless such agency has been designated— (A) by the President; or (B) jointly by the Director and the head of the agency. (8) National drug control strategy.— The term “National Drug Control Strategy” means the strategy developed and submitted to Congress under section 706. (9) Office.— Unless the context clearly implicates otherwise, the term “Office” means the Office of National Drug Control Policy established under section 703(a). (10) State and local affairs.— The term “State and local affairs” means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of drugs, including— (A) coordination and facilitation of Federal, State, and local law enforcement drug control efforts; (B) promotion of coordination and cooperation among the drug supply reduction and demand reduction agencies of the various States, territories, and units of local government; and (C) such other cooperative governmental activities which promote a comprehensive approach to drug control at the national, State, territory, and local levels. (11) Supply reduction.— The term “supply reduction” means any activity of a program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of drugs in the United States and abroad, including— (A) international drug control; (B) foreign and domestic drug intelligence; (C) interdiction; and (D) domestic drug law enforcement, including law enforcement directed at drug users. SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY. (a) Establishment of Office.— There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall— (1) develop national drug control policy; (2) coordinate and oversee the implementation of that national drug control policy; (3) assess and certify the adequacy of national drug control programs and the budget for those programs; and (4) evaluate the effectiveness of the national drug control programs. (b) Director and Deputy Directors.— (1) Director.— There shall be at the head of the Office a Director of National Drug Control Policy. (2) Deputy Director of National Drug Control Policy.— There shall be in the Office a Deputy Director of National Drug Control Policy, who shall assist the Director in carrying out the responsibilities of the Director under this title. (3) Other deputy directors.— There shall be in the Office— (A) a Deputy Director for Demand Reduction, who shall be responsible for the activities described in subparagraphs (A) through (G) of section 702(1); (B) a Deputy Director for Supply Reduction, who shall be responsible for the activities described in subparagraphs (A) through (C) of section 702(11); and (C) a Deputy Director for State and Local Affairs, who shall be responsible for the activities described in subparagraphs (A) through (C) of section 702(10) and subparagraph (D) of section 702(11). (c) Access by Congress.— The location of the Office in the Executive Office of the President shall not be construed as affecting access by Congress, or any committee of the House of Representatives or the Senate, to any— (1) information, document, or study in the possession of, or conducted by or at the direction of the Director; or (2) personnel of the Office. (d) Office of National Drug Control Policy Gift Fund.— (1) Establishment.— There is established in the Treasury of the United States a fund for the receipt of gifts, both real and personal, for the purpose of aiding or facilitating the work of the Office under section 704(c). (2) Contributions.— The Office may accept, hold, and administer contributions to the Fund. (3) Use of Amounts Deposited.— Amounts deposited in the Fund are authorized to be appropriated, to remain available until expended for authorized purposes at the discretion of the Director. SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS. (a) Appointment.— (1) In general.— The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment. (2) Duties of deputy director of national drug control policy.— The Deputy Director of National Drug Control Policy shall— (A) carry out the duties and powers prescribed by the Director; and (B) serve as the Director in the absence of the Director or during any period in which the office of the Director is vacant. (3) Designation of other officers.— In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve. (4) Prohibition.— No person shall serve as Director or a Deputy Director while serving in any other position in the Federal Government. (5) Prohibition on Political Campaigning.— Any officer or employee of the Office who is appointed to that position by the President, by and with the advice and consent of the Senate, may not participate in Federal election campaign activities, except that such official is not prohibited by this paragraph from making contributions to individual candidates. (b) Responsibilities.— The Director— (1) shall assist the President in the establishment of policies, goals, objectives, and priorities for the National Drug Control Program; (2) shall promulgate the National Drug Control Strategy under section 706(a) and each report under section 706(b) in accordance with section 706; (3) shall coordinate and oversee the implementation by the National Drug Control Program agencies of the policies, goals, objectives, and priorities established under paragraph (1) and the fulfillment of the responsibilities of such agencies under the National Drug Control Strategy and make recommendations to National Drug Control Program agency heads with respect to implementation of Federal counter-drug programs; (4) shall make such recommendations to the President as the Director determines are appropriate regarding changes in the organization, management, and budgets of Federal departments and agencies engaged in drug enforcement, and changes in the allocation of personnel to and within those departments and agencies, to implement the policies, goals, priorities, and objectives established under paragraph (1) and the National Drug Control Strategy; (5) shall consult with and assist State and local governments with respect to the formulation and implementation of National Drug Control Policy and their relations with the National Drug Control Program agencies; (6) shall appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the drug policies of the executive branch; (7) shall notify any National Drug Control Program agency if its policies are not in compliance with the responsibilities of the agency under the National Drug Control Strategy, transmit a copy of each such notification to the President, and maintain a copy of each such notification; (8) shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President under the National Drug Control Strategy, to the heads of departments and agencies with responsibilities under the National Drug Control Program, which recommendations shall— (A) apply to the next budget year scheduled for formulation under the Budget and Accounting Act of 1921, and each of the 4 subsequent fiscal years; and (B) address funding priorities developed in the National Drug Control Strategy; (9) may serve as representative of the President in appearing before Congress on all issues relating to the National Drug Control Program; (10) shall, in any matter affecting national security interests, work in conjunction with the Assistant to the President for National Security Affairs; (11) may serve as spokesperson of the Administration on drug issues; (12) shall ensure that no Federal funds appropriated to the Office of National Drug Control Policy shall be expended for any study or contract relating to the legalization (for a medical use or any other use) of a substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812) and take such actions as necessary to oppose any attempt to legalize the use of a substance (in any form) that— (A) is listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812); and (B) has not been approved for use for medical purposes by the Food and Drug Administration; (13) shall require each National Drug Control Program agency to submit to the Director on an annual basis (beginning in 1999) an evaluation of progress by the agency with respect to drug control program goals using the performance measures for the agency developed under section 706(c), including progress with respect to— (A) success in reducing domestic and foreign sources of illegal drugs; (B) success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics; (C) success in reducing violent crime associated with drug use in the United States; (D) success in reducing the negative health and social consequences of drug use in the United States; and (E) implementation of drug treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs; (14) shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of— (A) each of the evaluations received by the Director under paragraph (13); and (B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c); and (15) shall ensure that drug prevention and drug treatment research and information is effectively disseminated by National Drug Control Program agencies to State and local governments and nongovernmental entities involved in demand reduction by— (A) encouraging formal consultation between any such agency that conducts or sponsors research, and any such agency that disseminates information in developing research and information product development agendas; (B) encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and (C) developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction. (c) National Drug Control Program Budget.— (1) Responsibilities of national drug control program agencies.— (A) In general.— For each fiscal year, the head of each department, agency, or program of the Federal Government with responsibilities under the National Drug Control Program Strategy shall transmit to the Director a copy of the proposed drug control budget request of the department, agency, or program at the same time as that budget request is submitted to their superiors (and before submission to the Office of Management and Budget) in the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31, United States Code. (B) Submission of Drug Control Budget Requests.— The head of each National Drug Control Program agency shall ensure timely development and submission to the Director of each proposed drug control budget request transmitted pursuant to this paragraph, in such format as may be designated by the Director with the concurrence of the Director of the Office of Management and Budget. (2) National drug control program budget proposal.— For each fiscal year, following the transmission of proposed drug control budget requests to the Director under paragraph (1), the Director shall, in consultation with the head of each National Drug Control Program agency— (A) develop a consolidated National Drug Control Program budget proposal designed to implement the National Drug Control Strategy; (B) submit the consolidated budget proposal to the President; and (C) after submission under subparagraph (B), submit the consolidated budget proposal to Congress. (3) Review and certification of budget requests and budget submissions of national drug control program agencies.— (A) In general.— The Director shall review each drug control budget request submitted to the Director under paragraph (1). (B) Review of budget requests.— (i) Inadequate requests.— If the Director concludes that a budget request submitted under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written description of funding levels and specific initiatives that would, in the determination of the Director, make the request adequate to implement those objectives. (ii) Adequate requests.— If the Director concludes that a budget request submitted under paragraph (1) is adequate to implement the objectives of the National Drug Control Strategy with respect to the department, agency, or program at issue for the year for which the request is submitted, the Director shall submit to the head of the applicable National Drug Control Program agency a written statement confirming the adequacy of the request. (iii) Record.— The Director shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii). (C) Agency response.— (i) In general.— The head of a National Drug Control Program agency that receives a description under subparagraph (B)(i) shall include the funding levels and initiatives described by the Director in the budget submission for that agency to the Office of Management and Budget. (ii) Impact statement.— The head of a National Drug Control Program agency that has altered its budget submission under this subparagraph shall include as an appendix to the budget submission for that agency to the Office of Management and Budget an impact statement that summarizes— (I) the changes made to the budget under this subparagraph; and (II) the impact of those changes on the ability of that agency to perform its other responsibilities, including any impact on specific missions or programs of the agency. (iii) Congressional notification.— The head of a National Drug Control Program agency shall submit a copy of any impact statement under clause (ii) to the Senate and the House of Representatives at the time the budget for that agency is submitted to Congress under section 1105(a) of title 31, United States Code. (D) Certification of budget submissions.— (i) In general.— At the time a National Drug Control Program agency submits its budget request to the Office of Management and Budget, the head of the National Drug Control Program agency shall submit a copy of the budget request to the Director. (ii) Certification.— The Director— (I) shall review each budget submission submitted under clause (i); and (II) based on the review under subclause (I), if the Director concludes that the budget submission of a National Drug Control Program agency does not include the funding levels and initiatives described under subparagraph (B)— (aa) may issue a written decertification of that agency’s budget; and (bb) in the case of a decertification issued under item (aa), shall submit to the Senate and the House of Representatives a copy of— (aaa) the decertification issued under item (aa); (bbb) the description made under subparagraph (B); and (ccc) the budget recommendations made under subsection (b)(8). (4) Reprogramming and transfer requests.— (A) In general.— No National Drug Control Program agency shall submit to Congress a reprogramming or transfer request with respect to any amount of appropriated funds in an amount exceeding $5,000,000 that is included in the National Drug Control Program budget unless the request has been approved by the Director. (B) Appeal.— The head of any National Drug Control Program agency may appeal to the President any disapproval by the Director of a reprogramming or transfer request under this paragraph. (d) Powers of the Director.— In carrying out subsection (b), the Director may— (1) select, appoint, employ, and fix compensation of such officers and employees of the Office as may be necessary to carry out the functions of the Office under this title; (2) subject to subsection (e)(3), request the head of a department or agency, or program of the Federal Government to place department, agency, or program personnel who are engaged in drug control activities on temporary detail to another department, agency, or program in order to implement the National Drug Control Strategy, and the head of the department or agency shall comply with such a request; (3) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; (4) procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, relating to appointments in the Federal Service, at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable under level IV of the Executive Schedule under section 5311 of title 5, United States Code; (5) accept and use gifts and donations of property from Federal, State, and local government agencies, and from the private sector, as authorized in section 703(d); (6) use the mails in the same manner as any other department or agency of the executive branch; (7) monitor implementation of the National Drug Control Program, including— (A) conducting program and performance audits and evaluations; and (B) requesting assistance from the Inspector General of the relevant agency in such audits and evaluations; (8) transfer funds made available to a National Drug Control Program agency for National Drug Control Strategy programs and activities to another account within such agency or to another National Drug Control Program agency for National Drug Control Strategy programs and activities, except that— (A) the authority under this paragraph may be limited in an annual appropriations Act or other provision of Federal law; (B) the Director may exercise the authority under this paragraph only with the concurrence of the head of each affected agency; (C) in the case of an interagency transfer, the total amount of transfers under this paragraph may not exceed 3 percent of the total amount of funds made available for National Drug Control Strategy programs and activities to the agency from which those funds are to be transferred; (D) funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities have been authorized by Congress; and (E) the Director shall— (i) submit to Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office, and any other applicable committees of jurisdiction, a reprogramming or transfer request in advance of any transfer under this paragraph in accordance with the regulations of the affected agency or agencies; and (ii) annually submit to Congress a report Reports. describing the effect of all transfers of funds made pursuant to this paragraph or subsection (c)(4) during the 12-month period preceding the date on which the report is submitted; (9) issue to the head of a National Drug Control Program agency a fund control notice described in subsection (f) to ensure compliance with the National Drug Control Program Strategy; and (10) participate in the drug certification process pursuant to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j). (e) Personnel Detailed to Office.— (1) Evaluations.— Notwithstanding any provision of chapter 43 of title 5, United States Code, the Director shall perform the evaluation of the performance of any employee detailed to the Office for purposes of the applicable performance appraisal system established under such chapter for any rating period, or part thereof, that such employee is detailed to such office. (2) Compensation.— (A) Bonus payments.— Notwithstanding any other provision of law, the Director may provide periodic bonus payments to any employee detailed to the Office. (B) Restrictions.— An amount paid under this paragraph to an employee for any period— (i) shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and (ii) shall be in addition to the basic pay of such employee. (C) Aggregate amount.— The aggregate amount paid during any fiscal year to an employee detailed to the Office as basic pay, awards, bonuses, and other compensation shall not exceed the annual rate payable at the end of such fiscal year for positions at level III of the Executive Schedule. (3) Maximum number of detailees.— The maximum number of personnel who may be detailed to another department or agency (including the Office) under subsection (d)(2) during any fiscal year is— (A) for the Department of Defense, 50; and (B) for any other department or agency, 10. (f) Fund Control Notices.— (1) In general.— A fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by— (A) months, fiscal year quarters, or other time periods; and (B) activities, functions, projects, or object classes. (2) Unauthorized obligation or expenditure prohibited.— An officer or employee of a National Drug Control Program agency shall not make or authorize an expenditure or obligation contrary to a fund control notice issued by the Director. (3) Disciplinary action for violation.— In the case of a violation of paragraph (2) by an officer or employee of a National Drug Control Program agency, the head of the agency, upon the request of and in consultation with the Director, may subject the officer or employee to appropriate administrative discipline, including, when circumstances warrant, suspension from duty without pay or removal from office. (g) Inapplicability to certain programs.— The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency. (h) Construction.— Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 104 and 504 of the National Security Act of 1947 or any other law. SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND LOCAL AFFAIRS. (a) Access to Information.— (1) In general.— Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency under the National Drug Control Strategy that relate to— (A) drug abuse control; or (B) the manner in which amounts made available to that agency for drug control are being used by that agency. (2) Protection of intelligence information.— (A) In general.— The authorities conferred on the Office and the Director by this title shall be exercised in a manner consistent with provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.). The Director Regulations. of Central Intelligence shall prescribe such regulations as may be necessary to protect information provided pursuant to this title regarding intelligence sources and methods. (B) Duties of director.— The Director of Central Intelligence shall, to the maximum extent practicable in accordance with subparagraph (A), render full assistance and support to the Office and the Director. (3) Illegal drug cultivation.— The Secretary of Agriculture shall annually submit to the Director an assessment of the acreage of illegal drug cultivation in the United States, (b) Certification of Policy Changes to Director.— (1) In general.— Subject to paragraph (2), the head of a National Drug Control Program agency shall, unless exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program prior to implementation of such change. The Director shall promptly review such proposed change and certify to the head of that agency in writing whether such change is consistent with the National Drug Control Strategy. (2) Exception.— If prior notice of a proposed change under paragraph (1) is not practicable— (A) the head of the National Drug Control Program Notification. agency shall notify the Director of the proposed change as soon as practicable; and (B) upon such notification, the Director shall review the change and certify to the head of that agency in writing whether the change is consistent with the National Drug Control Program. (c) General Services Administration.— The Administrator of General Services shall provide to the Director, in a reimbursable basis, such administrative support services as the Director may request. (d) Accounting of Funds Expended.— The Director shall— (A) require the National Drug Control Program agencies to submit to the Director not later than February 1 of each year a detailed accounting of all funds expended by the agencies for National Drug Control Program activities during the previous fiscal year, and require such accounting to be authenticated by the Inspector General for each agency prior to submission to the Director; and (B) submit to Congress not later than April 1 of each year the information submitted to the Director under subparagraph (A). SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY. (a) Timing, Contents, and Process for Development and Submission of National Drug Control Strategy.— (1) Timing.— Not later than February 1, 1999, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan, covering a period of not more than 5 years, for reducing drug abuse and the consequences of drug abuse in the United States, by limiting the availability of and reducing the demand for illegal drugs. (2) Contents.— (A) In general.— The National Drug Control Strategy submitted under paragraph (1) shall include— (i) comprehensive, research-based, long-range, quantifiable, goals for reducing drug abuse and the consequences of drug abuse in the United States; (ii) annual, quantifiable, and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year of the period beginning on the date on which the National Drug Control Strategy is submitted; (iii) 5-year projections for program and budget priorities; and (iv) a review of international, State, local, and private sector drug control activities to ensure that the United States pursues well-coordinated and effective drug control at all levels of government. (B) Classified information.— Any contents of the National Drug Control Strategy that involves information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy. (3) Process for development and submission.— (A) Consultation.— In developing and effectively implementing the National Drug Control Strategy, the Director— (i) shall consult with— (I) the heads of the National Drug Control Program agencies; (II) Congress; (III) State and local officials; (IV) private citizens and organizations with experience and expertise in demand reduction; (V) private citizens and organizations with experience and expertise in supply reduction; and (VI) appropriate representatives of foreign governments; (ii) with the concurrence of the Attorney General, may require the El Paso Intelligence Center to undertake specific tasks or projects to implement the National Drug Control Strategy; and (iii) with the concurrence of the Director of Central Intelligence and the Attorney General, may request that the National Drug Intelligence Center undertake specific tasks or projects to implement the National Drug Control Strategy. (B) Inclusion in strategy.— The National Drug Control Strategy under this subsection, and each report submitted under subsection (b), shall include a list of each entity consulted under subparagraph (A)(i). (4) Specific targets.— The targets in the National Drug Control Strategy shall include the following: (A) Reduction of unlawful drug use to 3 percent of the population of the United States or less by December 31, 2003 (as measured in terms of overall illicit drug use during the past 30 days by the National Household Survey), and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003. (B) Reduction of adolescent unlawful drug use (as measured in terms of illicit drug use during the past 30 days by the Monitoring the Future Survey of the University of Michigan or the National PRIDE Survey conducted by the National Parents’ Resource Institute for Drug Education) to 3 percent of the adolescent population of the United States or less by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999,2000,2001, 2002, and 2003. (C) Reduction of the availability of cocaine, heroin, marijuana, and methamphetamine in the United States by 80 percent by December 31, 2003. (D) Reduction of the respective nationwide average street purity levels for cocaine, heroin, marijuana, and methamphetamine (as estimated by the interagency drug flows assessment led by the Office of National Drug Control Policy, and based on statistics collected by the Drug Enforcement Administration and other National Drug Control Program agencies identified as relevant by the Director) by 60 percent by December 31, 2003, and achievement of at least 20 percent of each such reduction during each of 1999, 2000, 2001, 2002, and 2003. (E) Reduction of drug-related crime in the United States by 50 percent by December 31, 2003, and achievement of at least 20 percent of such reduction during each of 1999, 2000, 2001, 2002, and 2003, including— (i) reduction of State and Federal unlawful drug trafficking and distribution; (ii) reduction of State and Federal crimes committed by persons under the influence of unlawful drugs; (iii) reduction of State and Federal crimes committed for the purpose of obtaining unlawful drugs or obtaining property that is intended to be used for the purchase of unlawful drugs; and (iv) reduction of drug-related emergency room incidents in the United States (as measured by data of the Drug Abuse Warning Network on illicit drug abuse), including incidents involving gunshot wounds and automobile accidents in which illicit drugs are identified in the bloodstream of the victim, by 50 percent by December 31, 2003. (5) Further reductions in drug use, availability, and crime.— Following the submission of a National Drug Control Strategy under this section to achieve the specific targets described in paragraph (4), the Director may formulate a strategy for additional reductions in drug use and availability and drug-related crime beyond the 5-year period covered by the National Drug Control Strategy that has been submitted. (b) Annual Strategy Report.— (1) In general.— Not later than February 1, 1999, and on February 1 of each year thereafter, the President shall submit to Congress a report on the progress in implementing the Strategy under subsection (a), which shall include— (A) an assessment of the Federal effectiveness in achieving the National Drug Control Strategy goals and objectives using the performance measurement system described in subsection (c), including— (i) an assessment of drug use and availability in the United States; and (ii) an estimate of the effectiveness of interdiction, treatment, prevention, law enforcement, and international programs under the National Drug Control Strategy in effect during the preceding year, or in effect as of the date on which the report is submitted; (B) any modifications of the National Drug Control Strategy or the performance measurement system described in subsection (c); (C) an assessment of the manner in which the budget proposal submitted under section 704(c) is intended to implement the National Drug Control Strategy and whether the funding levels contained in such proposal are sufficient to implement such Strategy; (D) measurable data evaluating the success or failure in achieving the annual measurable objectives described in subsection (a)(2)(A)(ii); (E) an assessment of current drug use (including inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include— (i) estimates of drug prevalence and frequency of use as measured by national, State, and local surveys of illicit drug use and by other special studies of— (I) casual and chronic drug use; (II) high-risk populations, including school dropouts, the homeless and transient, arrestees, parolees, probationers, and juvenile delinquents; and (III) drug use in the workplace and the productivity lost by such use; (ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured by— (I) the quantities of cocaine, heroin, marijuana, methamphetamine, and other drugs available for consumption in the United States; (II) the amount of marijuana, cocaine, heroin, and precursor chemicals entering the United States; (III) the number of hectares of marijuana, poppy, and coca cultivated and destroyed domestically and in other countries; (IV) the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized; (V) the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries; (VI) changes in the price and purity of heroin and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level of marijuana; (VII) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and (VIII) the effectiveness of Federal technology programs at improving drug detection capabilities in interdiction, and at United States ports of entry; (iii) an assessment of the reduction of the consequences of drug use and availability, which shall include estimation of— (I) the burden drug users placed on hospital emergency departments in the United States, such as the quantity of drug-related services provided; (II) the annual national health care costs of drug use, including costs associated with people becoming infected with the human immunodeficiency virus and other infectious diseases as a result of drug use; (III) the extent of drug-related crime and criminal activity; and (IV) the contribution of drugs to the underground economy, as measured by the retail value of drugs sold in the United States; (iv) a determination of the status of drug treatment in the United States, by assessing— (I) public and private treatment capacity within each State, including information on the treatment capacity available in relation to the capacity actually used; (II) the extent, within each State, to which treatment is available; (III) the number of drug users the Director estimates could benefit from treatment; and (IV) the specific factors that restrict the availability of treatment services to those seeking it and proposed administrative or legislative remedies to make treatment available to those individuals; and (v) a review of the research agenda of the Counter-Drug Technology Assessment Center to reduce the availability and abuse of drugs; and (F) an assessment of private sector initiatives and cooperative efforts between the Federal Government and State and local governments for drug control. (2) Submission of revised strategy.— The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section— (A) at any time, upon a determination by the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; and (B) if a new President or Director takes office. (3) 1999 Strategy report.— With respect to the Strategy report required to be submitted by this subsection on February 1, 1999, the President shall prepare the report using such information as is available for the period covered by the report. (c) Performance Measurement System.— (1) Sense of congress.— It is the sense of Congress that— (A) the targets described in subsection (a) are important to the reduction of overall drug use in the United States; (B) the President should seek to achieve those targets during the 5 years covered by the National Drug Control Strategy required to be submitted under subsection (a); (C) the purpose of such targets and the annual reports to Congress on the progress towards achieving the targets is to allow for the annual restructuring of appropriations by the Appropriations Committees and authorizing committees of jurisdiction of Congress to meet the goals described in this Act; (D) the performance measurement system developed by the Director described in this subsection is central to the National Drug Control Program targets, programs, and budget; (E) the Congress strongly endorses the performance measurement system for establishing clear outcomes for reducing drug use nationwide during the next five years, and the linkage of this system to all agency drug control programs and budgets receiving funds scored as drug control agency funding. (2) Submission to congress.— Not later than February 1, 1999, the Director shall submit to Congress a description of the national drug control performance measurement system, designed in consultation with affected National Drug Control Program agencies, that— (A) develops performance objectives, measures, and targets for each National Drug Control Strategy goal and objective; (B) revises performance objectives, measures, and targets, to conform with National Drug Control Program Agency budgets; (C) identifies major programs and activities of the National Drug Control Program agencies that support the goals and objectives of the National Drug Control Strategy; (D) evaluates in detail the implementation by each National Drug Control Program agency of program activities supporting the National Drug Control Strategy; (E) monitors consistency between the drug-related goals and objectives of the National Drug Control Program agencies and ensures that drug control agency goals and budgets support and are fully consistent with the National Drug Control Strategy; and (F) coordinates the development and implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of— (i) the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities; (ii) the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug user population and groups that are at risk for drug use; and (iii) the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of subsection (b)(4). (3) Modifications.— A description of any modifications made during the preceding year to the national drug control performance measurement system described in paragraph (2) shall be included in each report submitted under subsection (b). SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM. (a) Establishment.— There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas Program. (b) Designation.— The Director, upon consultation with the Attorney General, the Secretary of the Treasury, heads of the National Drug Control Program agencies, and the Governor of each applicable State, may designate any specified area of the United States as a high intensity drug trafficking area. After making such a designation and in order to provide Federal assistance to the area so designated, the Director may— (1) obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program; (2) direct the temporary reassignment of Federal personnel to such area, subject to the approval of the head of the department or agency that employs such personnel; (3) take any other action authorized under section 704 to provide increased Federal assistance to those areas; (4) coordinate activities under this subsection (specifically administrative, recordkeeping, and funds management activities) with State and local officials. (c) Factors for Consideration.— In considering whether to designate an area under this section as a high intensity drug trafficking area, the Director shall consider, in addition to such other criteria as the Director considers to be appropriate, the extent to which— (1) the area is a center of illegal drug production, manufacturing, importation, or distribution; (2) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem; (3) drug-related activities in the area are having a harmful impact in other areas of the country; and (4) a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area. (d) Use of Funds.— The Director shall ensure that no Federal funds appropriated for the High Intensity Drug Trafficking Program are expended for the establishment or expansion of drug treatment programs. SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER. (a) Establishment.— There is established within the Office the Counter-Drug Technology Assessment Center (referred to in this section as the “Center”). The Center shall operate under the authority of the Director of National Drug Control Policy and shall serve as the central counter-drug technology research and development organization of the United States Government. (b) Director of Technology.— There shall be at the head of the Center the Director of Technology, who shall be appointed by the Director of National Drug Control Policy from among individuals qualified and distinguished in the area of science, medicine, engineering, or technology. (c) Additional Responsibilities of the Director of National Drug Control Policy.— (1) In general.— The Director, acting through the Director of Technology shall— (A) identify and define the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including— (i) advanced surveillance, tracking, and radar imaging; (ii) electronic support measures; (iii) communications; (iv) data fusion, advanced computer systems, and artificial intelligence; and (v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection; (B) identify demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including— (i) improving treatment through neuroscientific advances; (ii) improving the transfer of biomedical research to the clinical setting; and (iii) in consultation with the National Institute on Drug Abuse, and through interagency agreements or grants, examining addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment; (C) make a priority ranking of such needs identified in subparagraphs (A) and (B) according to fiscal and technological feasibility, as part of a National Counter-Drug Enforcement Research and Development Program; (D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and military departments; (E) provide support to the development and implementation of the national drug control-performance measurement system; and (F) pursuant to the authority of the Director of National Drug Control Policy under section 704, submit requests to Congress for the reprogramming or transfer of funds appropriated for counter-drug technology research and development. (2) Limitation on authority.— The authority granted to the Director under this subsection shall not extend to the award of contracts, management of individual projects, or other operational activities. (d) Assistance and Support to Office of National Drug Control Policy.— The Secretary of Defense and the Secretary of Health and Human Services shall, to the maximum extent practicable, render assistance and support to the Office and to the Director in the conduct of counter-drug technology assessment. SEC. 709. PRESIDENT’S COUNCIL ON COUNTER-NARCOTICS. (a) Establishment.— There is established a council to be known as the President’s Council on Counter-Narcotics (referred to in this section as the “Council”). (b) Membership.— (1) In general.— Subject to paragraph (2), the Council shall be composed of 18 members, of whom— (A) 1 shall be the President, who shall serve as Chairman of the Council; (B) 1 shall be the Vice President; (C) 1 shall be the Secretary of State; (D) 1 shall be the Secretary of the Treasury; (E) 1 shall be the Secretary of Defense; (F) 1 shall be the Attorney General; (G) 1 shall be the Secretary of Transportation; (H) 1 shall be the Secretary of Health and Human Services; (I) 1 shall be the Secretary of Education; (J) 1 shall be the Representative of the United States of America to the United Nations; (K) 1 shall be the Director of the Office of Management and Budget; (L) 1 shall be the Chief of Staff to the President; (M) 1 shall be the Director of the Office, who shall serve as the Executive Director of the Council; (N) 1 shall be the Director of Central Intelligence; (O) 1 shall be the Assistant to the President for National Security Affairs; (P) 1 shall be the Counsel to the President; (Q) 1 shall be the Chairman of the Joint Chiefs of Staff; and (R) 1 shall be the National Security Adviser to the Vice President (2) Additional members.— The President may, in the discretion of the President, appoint additional members to the Council. (c) Functions.— The Council shall advise and assist the President in— (1) providing direction and oversight for the national drug control strategy, including relating drug control policy to other national security interests and establishing priorities; and (2) ensuring coordination among departments and agencies of the Federal Government concerning implementation of the National Drug Control Strategy. (d) Administration.— (1) In general.— The Council may utilize established or ad hoc committees, task forces, or interagency groups chaired by the Director (or a representative of the Director) in carrying out the functions of the Council under this section. (2) Staff.— The staff of the Office, in coordination with the staffs of the Vice President and the Assistant to the President for National Security Affairs, shall act as staff for the Council. (3) Cooperation From Other Agencies.— Each department and agency of the executive branch shall— (A) cooperate with the Council in carrying out the functions of the Council under this section; and (B) provide such assistance, information, and advice as the Council may request, to the extent permitted by law. SEC. 710. PARENTS ADVISORY COUNCIL ON YOUTH DRUG ABUSE. (a) In General.— (1) Establishment.— There is established a Council to be known as the Parents Advisory Council on Youth Drug Abuse (referred to in this section as the “Council”). (2) Membership.— (A) Composition.— The Council shall be composed of 16 members, of whom— (i) 4 shall be appointed by the President, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (ii) 4 shall be appointed by the Majority Leader of the Senate, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (iii) 2 shall be appointed by the Minority Leader of the Senate, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; (iv) 4 shall be appointed by the Speaker of the House of Representatives, 3 of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made; and (v) 2 shall be appointed by the Minority Leader of the House of Representatives, each of whom shall be a parent or guardian of a child who is not less than 6 and not more than 18 years of age as of the date on which the appointment is made. (B) Requirements.— (i) In general.— Each member of the Council shall be an individual from the private sector with a demonstrated interest and expertise in research, education, treatment, or prevention activities related to youth drug abuse. (ii) Representatives of nonprofit organizations.— Not less than 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be a representative of a nonprofit organization focused on involving parents in antidrug education and prevention. (C) Date.— The appointments of the initial members of the Council shall be made not later than 60 days after the date of enactment of this section. (D) Executive director.— The Director shall appoint the Executive Director of the Council, who shall be an employee of the Office of National Drug Control Policy. (3) Period of appointment; vacancies.— (A) Period of appointment.— Each member of the Council shall be appointed for a term of 3 years, except that, of the initial members of the Council— (i) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 1 year; and (ii) 1 member appointed under each of clauses (i) through (v) of paragraph (2)(A) shall be appointed for a term of 2 years. (B) Vacancies.— Any vacancy in the Council shall not affect its powers, provided that a quorum is present, but shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (C) Appointment of successor.— To the extent necessary to prevent a vacancy in the membership of the Council, a member of the Council may serve for not more than 6 months after the expiration of the term of that member, if the successor of that member has not been appointed. (4) Initial meeting.— Not later than 120 days after the date on which all initial members of the Council have been appointed, the Council shall hold its first meeting. (5) Meetings.— The Council shall meet at the call of the Chairperson. (6) Quorum.— Nine members of the Council shall constitute a quorum, but a lesser number of members may hold hearings. (7) Chairperson and vice chairperson.— (A) In general.— The members of the Council shall select a Chairperson and Vice Chairperson from among the members of the Council. (B) Duties of chairperson.— The Chairperson of the Council shall assign committee duties relating to the Council and direct the Executive Director to convene hearings and conduct other necessary business of the Council. (C) Duties of vice chairperson.— If the Chairperson of the Council is unable to serve, the Vice Chairperson shall serve as the Chairperson. (b) Duties of the Council.— (1) In general.— The Council— (A) shall advise the Director on drug prevention, education, and treatment and assist the Deputy Director of Demand Reduction in the responsibilities for the coordination of the demand reduction programs of the Federal Government and the analysis and consideration of prevention and treatment alternatives; and (B) may issue reports and recommendations on drug prevention, education, and treatment, in addition to the reports detailed in paragraph (2), as the Council considers appropriate. (2) Submission of reports.— Any report or recommendation issued by the Council shall be submitted to the Director and subsequently to Congress. (3) Advice on the national drug control strategy.— Not later than December 1, 1999, and on December 1 of each year thereafter, the Council shall submit to the Director an annual report containing drug control strategy recommendations on drug prevention, education, and treatment. The Director may include any recommendations submitted under this paragraph in the report submitted by the Director under section 706(b). (c) Expenses.— The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (d) Authorization of Appropriations.— There are authorized to be appropriated to the Council such sums as may be necessary carry out this section. SEC. 711. DRUG INTERDICTION. (a) Definition.— In this section, the term “Federal drug control agency” means— (1) the Office of National Drug Control Policy; (2) the Department of Defense; (3) the Drug Enforcement Administration; (4) the Federal Bureau of Investigation; (5) the Immigration and Naturalization Service; (6) the United States Coast Guard; (7) the United States Customs Service; and (8) any other department or agency of the Federal Government that the Director determines to be relevant. (b) Report.— In order to assist Congress in determining the personnel, equipment, funding, and other resources that would be required by Federal drug control agencies in order to achieve a level of interdiction success at or above the highest level achieved before the date of enactment of this title, not later than 90 days after the date of enactment of this Act, the Director shall submit to Congress and to each Federal drug control program agency a report, which shall include— (1) with respect to the southern and western border regions of the United States (including the Pacific coast, the border with Mexico, the Gulf of Mexico coast, and other ports of entry) and in overall totals, data relating to— (A) the amount of marijuana, heroin, methamphetamine, and cocaine— (i) seized during the year of highest recorded seizures for each drug in each region and during the year of highest recorded overall seizures; and (ii) disrupted during the year of highest recorded disruptions for each drug in each region and during the year of highest recorded overall seizures; and (B) the number of persons arrested for violations of section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) and related offenses during the year of the highest number of arrests on record for each region and during the year of highest recorded overall arrests; (2) the price of cocaine, heroin, methamphetamine, and marijuana during the year of highest price on record during the preceding 10-year period, adjusted for purity where possible; and (3) a description of the personnel, equipment, funding, and other resources of the Federal drug control agency devoted to drug interdiction and securing the borders of the United States against drug trafficking for each of the years identified in paragraphs (1) and (2) for each Federal drug control agency. (c) Budget Process.— (1) Information to Director.— Based on the report submitted under subsection (b), each Federal drug control agency shall submit to the Director, at the same time as each annual drug control budget request is submitted by the Federal drug control agency to the Director under section 704(c)(1), a description of the specific personnel, equipment, funding, and other resources that would be required for the Federal drug control agency to meet or exceed the highest level of interdiction success for that agency identified in the report submitted under subsection (b). (2) Information to congress.— The Director shall include each submission under paragraph (1) in each annual consolidated National Drug Control Program budget proposal submitted by the Director to Congress under section 704(c)(2), which submission shall be accompanied by a description of any additional resources that would be required by the Federal drug control agencies to meet the highest level of interdiction success identified in the report submitted under subsection (b). SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND. Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is amended— (1) in subsection (b)— (A) by striking “section 524(c)(9)” and inserting “section 524(c)(8)”; and (B) by striking “section 9307(g)” and inserting “section 9703(g)”; and (2) in subsection (e), by striking “strategy” and inserting “Strategy”. SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.— Chapter 53 of title 5, United States Code, is amended— (1) in section 5312, by adding at the end the following: “Director of National Drug Control Policy.”; (2) in section 5313, by adding at the end the following: “Deputy Director of National Drug Control Policy.”; and (3) in section 5314, by adding at the end the following: “Deputy Director for Demand Reduction, Office of National Drug Control Policy. “Deputy Director for Supply Reduction, Office of National Drug Control Policy. “Deputy Director for State and Local Affairs, Office of National Drug Control Policy.”. (b) National Security Act of 1947.— Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following: “(f) The Director of National Drug Control Policy may, in the role of the Director as principal adviser to the National Security Council on national drug control policy, and subject to the direction of the President, attend and participate in meetings of the National Security Council.”. (c) Submission of National Drug Control Program Budget With Annual Budget Request of President.— Section 1105(a) of title 31, United States Code, is amended by inserting after paragraph (25) the following: “(26) a separate statement of the amount of appropriations requested for the Office of National Drug Control Policy and each program of the National Drug Control Program.”. SEC. 714. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title, to remain available until expended, such sums as may be necessary for each of fiscal years 1999 through 2003. SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY. (a) In General.— Except as provided in subsection (b), effective on September 30, 2003, this title and the amendments made by this title are repealed. (b) Exception.— Subsection (a) does not apply to section 713 or the amendments made by that section.

2. 1998

   Pub. L. 105–277 § 715 · 112 Stat. 2681

   Repealed · 21 U.S.C. § 1703

   Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this section effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title

   Source evidence

   Code amendment note
   Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this section effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title.

   Enacted provision · exact public law section
   Sec. 715. Notwithstanding the Federal Grant and Cooperative Agreement Act, marketing services of the Agricultural Marketing Service; Grain Inspection, Packers and Stockyards Administration; and the Animal and Plant Health Inspection Service may use cooperative agreements to reflect a relationship between the Agricultural Marketing Service, the Grain Inspection, Packers and Stockyards Administration or the Animal and Plant Health Inspection Service and a State or Cooperator to carry out agricultural marketing programs or to carry out programs to protect the Nation’s animal and plant resources.

3. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 602 · 120 Stat. 3502

   Repealed · 21 U.S.C. § 1703

   Pub. L. 109–469, § 602, amended Pub. L. 105–277, § 715, which provided for the repeal of this section. See 1998 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 109–469, § 602, amended Pub. L. 105–277, § 715, which provided for the repeal of this section. See 1998 Amendment note below.

   Enacted provision · exact public law section
   SEC. 602. EXTENSION OF TERMINATION DATE.   Section 715(a) 21 USC 1714. is amended by striking “September 30, 2003, this title and the amendments made by this title” and inserting “September 30, 2010, this title and the amendments made to this title”.

4. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(a) · 120 Stat. 3502

   Amended · 21 U.S.C. § 1703(a)(3)

   Pub. L. 109–469, § 103(a), amended par. (3) generally. Prior to amendment, text read as follows: “In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve.”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 109–469, § 103(a), amended par. (3) generally. Prior to amendment, text read as follows: “In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve.”

   Enacted provision · exact public law section
   (a) Succession.— Section 21 USC 1703. 704(a) is amended by amending paragraph (3) to read as follows: “(3) Acting director.— If the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office, the Deputy Director shall perform the functions and duties of the Director temporarily in an acting capacity pursuant to subchapter III of chapter 33 of title 5, United States Code.” .

5. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(b)(1) · 120 Stat. 3502

   Substituted · 21 U.S.C. § 1703(b)(4)

   Pub. L. 109–469, § 103(b)(1), substituted “National Drug Control Program agencies” for “Federal departments and agencies engaged in drug enforcement”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 109–469, § 103(b)(1), substituted “National Drug Control Program agencies” for “Federal departments and agencies engaged in drug enforcement”.

   Enacted provision · exact public law section
   (1) in paragraph (4), by striking “Federal departments and agencies engaged in drug enforcement” and inserting “National Drug Control Program agencies”;

6. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(b)(2) · 120 Stat. 3502

   Inserted · 21 U.S.C. § 1703(b)(7)

   Pub. L. 109–469, § 103(b)(2), inserted “and the appropriate congressional committees” after “President”

   Source evidence

   Code amendment note
   Subsec. (b)(7). Pub. L. 109–469, § 103(b)(2), inserted “and the appropriate congressional committees” after “President”.

   Enacted provision · exact public law section
   (2) in paragraph (7), by inserting after “President” the following: “and the appropriate congressional committees”;

7. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(b)(3) · 120 Stat. 3502

   Struck · 21 U.S.C. § 1703(b)(13)

   Pub. L. 109–469, § 103(b)(3), struck out “(beginning in 1999)” after “basis” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b)(13). Pub. L. 109–469, § 103(b)(3), struck out “(beginning in 1999)” after “basis” in introductory provisions.

   Enacted provision · exact public law section
   (3) in paragraph (13), by striking “(beginning in 1999)”;

8. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(b)(4) · 120 Stat. 3502

   1. Added · 21 U.S.C. § 1703(b)(14)

      Pub. L. 109–469, § 103(b)(4), added par. (14)

   2. Struck · 21 U.S.C. § 1703(b)(14)

      Pub. L. 109–469, § 103(b)(4), struck out former par. (14) which read as follows: “shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of—

   Source evidence

   Code amendment note
   Subsec. (b)(14). Pub. L. 109–469, § 103(b)(4), added par. (14) and struck out former par. (14) which read as follows: “shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of—

   “(A) each of the evaluations received by the Director under paragraph (13); and “(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 1705(c) of this title; and”.

   Enacted provision · exact public law section
   (4) by striking paragraph (14) and inserting the following: “(14) Deadline. shall submit to the appropriate congressional committees on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of— “(A) each of the evaluations received by the Director under paragraph (13); and “(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c);” ;

9. 2006

   Office of National Drug Control Policy Reauthorization Act of 2006

   Pub. L. 109–469 § 103(b)(5) · 120 Stat. 3502

   1. Added · 21 U.S.C. § 1703(b)(15)(C)

      Pub. L. 109–469, § 103(b)(5), added subpar. (C)

   2. Struck · 21 U.S.C. § 1703(b)(15)(C)

      Pub. L. 109–469, § 103(b)(5), struck out former subpar. (C) which read as follows: “developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.”

   Source evidence

   Code amendment note
   Subsec. (b)(15)(C). Pub. L. 109–469, § 103(b)(5), added subpar. (C) and struck out former subpar. (C) which read as follows: “developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.”

   Enacted provision · exact public law section
   (5) in paragraph (15), by striking subparagraph (C) and inserting the following: “(C) supporting the substance abuse information clearinghouse administered by the Administrator of the Substance Abuse and Mental Health Services Administration and established in section 501(d)(16) of the Public Health Service Act by— “(i) encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and “(ii) supporting the dissemination of information to all interested entities;” ; and

10. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(b)(6) · 120 Stat. 3502

    Added · 21 U.S.C. § 1703(b)(16)(20)

    Pub. L. 109–469, § 103(b)(6), added pars. (16) to (20)

    Source evidence

    Code amendment note
    Subsec. (b)(16) to (20). Pub. L. 109–469, § 103(b)(6), added pars. (16) to (20).

    Enacted provision · exact public law section
    (6) by inserting at the end the following: “(16) shall coordinate with the private sector to promote private research and development of medications to treat addiction; “(17) shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of the National Drug Control Strategy; “(18) shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats; “(19) Reports. shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State, local, and tribal governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues; and “(20) Deadline. Reports. shall, within 1 year after the date of the enactment of the Office of National Drug Control Policy Reauthorization Act of 2006, report to Congress on the impact of each Federal drug reduction strategy upon the availability, addiction rate, use rate, and other harms of illegal drugs.” .

11. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(a) · 120 Stat. 3502

    Added · 21 U.S.C. § 1703(c)(1)(C)

    Pub. L. 109–469, § 105(a), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 109–469, § 105(a), added subpar. (C).

    Enacted provision · exact public law section
    (a) Submission of Drug Control Budget Requests.— Section 704(c)(1) is 21 USC 1703. amended by adding at the end the following: “(C) Content of drug control budget requests.— A drug control budget request submitted by a department, agency, or program under this paragraph shall include all requests for funds for any drug control activity undertaken by that department, agency, or program, including demand reduction, supply reduction, and State, local, and tribal affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug control purposes or applications, the department, agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate.” .

12. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(b)(1) · 120 Stat. 3502

    Inserted · 21 U.S.C. § 1703(c)(2)

    Pub. L. 109–469, § 105(b)(1), inserted “and the head of each major national organization that represents law enforcement officers, agencies, or associations” after “agency” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 109–469, § 105(b)(1), inserted “and the head of each major national organization that represents law enforcement officers, agencies, or associations” after “agency” in introductory provisions.

    Enacted provision · exact public law section
    (1) National organizations.— Section 704(c)(2) is amended by inserting “and the head of each major national organization that represents law enforcement officers, agencies, or associations” after “agency”.

13. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(b)(2) · 120 Stat. 3502

    Inserted · 21 U.S.C. § 1703(c)(2)(A)

    Pub. L. 109–469, § 105(b)(2), inserted “and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State, local, and tribal affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)” before semicolon at end

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 109–469, § 105(b)(2), inserted “and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State, local, and tribal affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)” before semicolon at end.

    Enacted provision · exact public law section
    (2) Total budget.— Section 704(c)(2)(A) is amended by inserting before the semicolon: “and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State, local, and tribal affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)”.

14. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(c)(2) · 120 Stat. 3502

    Redesignated · 21 U.S.C. § 1703(c)(3)(C)

    Pub. L. 109–469, § 105(c)(2), added subpar. (C). Former subpar. (C) redesignated (D)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 109–469, § 105(c)(2), added subpar. (C). Former subpar. (C) redesignated (D).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Specific requests.— The Director shall not confirm the adequacy of any budget request that— “(i) requests funding for Federal law enforcement activities that do not adequately compensate for transfers of drug enforcement resources and personnel to law enforcement and investigation activities; “(ii) requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to drug interdiction and enforcement; “(iii) requests funding for drug treatment activities that do not provide adequate results and accountability measures; “(iv) requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear anti-drug message or purpose intended to reduce drug use; “(v) requests funding for drug treatment activities that do not adequately support and enhance Federal drug treatment programs and capacity; “(vi) requests funding for fiscal year 2007 for activities of the Department of Education, unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) by reason of a conviction for a drug-related offense not occurring during a period of enrollment for which the individual was receiving any Federal grant, loan, or work assistance; and “(vii) requests funding for the operations and management of the Department of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458).” ;

15. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(c)(1) · 120 Stat. 3502

    Inserted · 21 U.S.C. § 1703(c)(3)(C)(iii)

    Pub. L. 109–469, § 103(c)(1), inserted “and the appropriate congressional committees,” after “House of Representatives”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C)(iii). Pub. L. 109–469, § 103(c)(1), inserted “and the appropriate congressional committees,” after “House of Representatives”.

    Enacted provision · exact public law section
    (1) in subparagraph (C)(iii), by inserting “and the appropriate congressional committees,” after “House of Representatives”; and

16. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(c)(1) · 120 Stat. 3502

    Redesignated · 21 U.S.C. § 1703(c)(3)(D)

    Pub. L. 109–469, § 105(c)(1), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D). Pub. L. 109–469, § 105(c)(1), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

17. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(c)(2) · 120 Stat. 3502

    Inserted · 21 U.S.C. § 1703(c)(3)(D)(ii)(II)(bb)

    Pub. L. 109–469, § 103(c)(2), inserted “and the appropriate congressional committees,” after “House of Representatives”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D)(ii)(II)(bb). Pub. L. 109–469, § 103(c)(2), inserted “and the appropriate congressional committees,” after “House of Representatives”.

    Enacted provision · exact public law section
    (2) in subparagraph (D)(ii)(II)(bb), by inserting “and the appropriate congressional committees,” after “House of Representatives”.

18. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(c)(3) · 120 Stat. 3502

    Redesignated · 21 U.S.C. § 1703(c)(3)(D)(iii)

    Pub. L. 109–469, § 105(c)(3), which directed amendment of cl. (iii) by inserting “and the appropriate congressional committees,” after “House of Representatives”, was not executed in view of the identical amendment made by Pub. L. 109–469, § 103(c)(1) to subpar. (C)(iii) prior to its redesignation as (D)(iii). See above

    Source evidence

    Code amendment note
    Subsec. (c)(3)(D)(iii). Pub. L. 109–469, § 105(c)(3), which directed amendment of cl. (iii) by inserting “and the appropriate congressional committees,” after “House of Representatives”, was not executed in view of the identical amendment made by Pub. L. 109–469, § 103(c)(1) to subpar. (C)(iii) prior to its redesignation as (D)(iii). See above.

    Enacted provision · exact public law section
    (3) in subparagraph (D)(iii), as so redesignated, by inserting “and the appropriate congressional committees” after “House of Representatives”; and

19. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(c)(1) · 120 Stat. 3502

    Redesignated · 21 U.S.C. § 1703(c)(3)(E)

    Pub. L. 109–469, § 105(c)(1), redesignated subpar. (D) as (E)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E). Pub. L. 109–469, § 105(c)(1), redesignated subpar. (D) as (E).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

20. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(c)(4) · 120 Stat. 3502

    Redesignated · 21 U.S.C. § 1703(c)(3)(E)(ii)(II)(bb)

    Pub. L. 109–469, § 105(c)(4), which directed amendment of item (bb) by inserting “and the appropriate congressional committees,” after “House of Representatives”, was not executed in view of the identical amendment made by Pub. L. 109–469, § 103(c)(2) to subpar. (D)(ii)(II)(bb) prior to its redesignation as (E)(ii)(II)(bb). See above

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E)(ii)(II)(bb). Pub. L. 109–469, § 105(c)(4), which directed amendment of item (bb) by inserting “and the appropriate congressional committees,” after “House of Representatives”, was not executed in view of the identical amendment made by Pub. L. 109–469, § 103(c)(2) to subpar. (D)(ii)(II)(bb) prior to its redesignation as (E)(ii)(II)(bb). See above.

    Enacted provision · exact public law section
    (4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by inserting “and the appropriate congressional committees” after “House of Representatives”.

21. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(d) · 120 Stat. 3502

    1. Substituted · 21 U.S.C. § 1703(c)(4)(A)

       Pub. L. 109–469, § 105(d), substituted “$1,000,000” for “$5,000,000”

    2. Inserted · 21 U.S.C. § 1703(c)(4)(A)

       Pub. L. 109–469, § 105(d), inserted at end “If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress.”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 109–469, § 105(d), substituted “$1,000,000” for “$5,000,000” and inserted at end “If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress.”

    Enacted provision · exact public law section
    (d) Reprogramming and Transfer Requests.— Section 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended— (1) by striking “$5,000,000” and inserting “$1,000,000”; and (2) Deadline. adding at the end the following: “If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress.”.

22. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(e)(1) · 120 Stat. 3502

    Substituted · 21 U.S.C. § 1703(d)(8)(D)

    Pub. L. 109–469, § 105(e)(1), substituted “authorized by law;” for “have been authorized by Congress;”

    Source evidence

    Code amendment note
    Subsec. (d)(8)(D). Pub. L. 109–469, § 105(e)(1), substituted “authorized by law;” for “have been authorized by Congress;”.

    Enacted provision · exact public law section
    (1) in paragraph (8)(D), by striking “have been authorized by Congress;” and inserting “authorized by law;”;

23. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(e)(2) · 120 Stat. 3502

    Substituted · 21 U.S.C. § 1703(d)(9)

    Pub. L. 109–469, § 105(e)(2), which directed the substitution of “Strategy and notify the appropriate congressional committees of any fund control notice issued; and” for “Strategy; and”, could not be executed because the words “Strategy; and” did not appear subsequent to amendment by Pub. L. 109–469, § 103(d)(1). See below

    Source evidence

    Code amendment note
    Subsec. (d)(9). Pub. L. 109–469, § 105(e)(2), which directed the substitution of “Strategy and notify the appropriate congressional committees of any fund control notice issued; and” for “Strategy; and”, could not be executed because the words “Strategy; and” did not appear subsequent to amendment by Pub. L. 109–469, § 103(d)(1). See below.

    Enacted provision · exact public law section
    (2) in paragraph (9), by striking “Strategy; and” and inserting “Strategy Notification. and notify the appropriate congressional committees of any fund control notice issued; and”; and

24. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(d)(1) · 120 Stat. 3502

    Substituted · 21 U.S.C. § 1703(d)(9)

    Pub. L. 109–469, § 103(d)(1), substituted “Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with subsection (f)(5);” for “Strategy; and”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–469, § 103(d)(1), substituted “Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with subsection (f)(5);” for “Strategy; and”.

    Enacted provision · exact public law section
    (1) Notification. in paragraph (9), by striking “Strategy; and” and inserting “Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with section 704(f)(5);”; and

25. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 title I · 120 Stat. 3502

    Inserted · 21 U.S.C. § 1703(d)(10)

    Pub. L. 109–469, §§ 103(d)(2) and 105(e)(3), made identical amendments, inserting “and section 2291j–1 of title 22” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(10). Pub. L. 109–469, §§ 103(d)(2) and 105(e)(3), made identical amendments, inserting “and section 2291j–1 of title 22” before period at end.

    Enacted provision · exact public law
    TITLE I— ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND ROLES AND RESPONSIBILITIES SEC. 101. AMENDMENTS TO DEFINITIONS. (a) Demand Reduction.— Section 702(1) 21 USC 1701. is amended— (1) in subparagraph (F), by striking “and” after the semicolon; (2) in paragraph (G), by striking the period at the end and inserting “, including the testing of employees;”; and (3) by adding at the end the following: “(H) interventions for drug abuse and dependence; “(I) international drug control coordination and cooperation with respect to activities described in this paragraph; and “(J) international drug abuse education, prevention, treatment, research, rehabilitation activities, and interventions for drug abuse and dependence.” . (b) National Drug Control Program.— Section 702(6) is amended by adding before the period the following: “, including any activities involving supply reduction, demand reduction, or State, local, and tribal affairs”. (c) Program Change.— Section 702(7) is amended by— (1) striking “National Foreign Intelligence Program,” and inserting “National Intelligence Program,”; and (2) inserting after “Related Activities,” the following: “or (for purposes of section 704(d)) an agency that is described in section 530C(a) of title 28, United States Code,”. (d) Office.— Section 702(9) is amended by striking “implicates” and inserting “indicates”. (e) State, Local, and Tribal Affairs.— Paragraph (10) of section 702 is amended to read as follows: “(10) State, local, and tribal affairs.— The term ‘State, local, and tribal affairs’ means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of illegal drugs, including— “(A) coordination and enhancement of Federal, State, local, and tribal law enforcement drug control efforts; “(B) coordination and enhancement of efforts among National Drug Control Program agencies and State, local, and tribal demand reduction and supply reduction agencies; “(C) coordination and enhancement of Federal, State, local, and tribal law enforcement initiatives to gather, analyze, and disseminate information and law enforcement intelligence relating to drug control among domestic law enforcement agencies; and “(D) other coordinated and joint initiatives among Federal, State, local, and tribal agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs.” . (f) Supply Reduction.— Section 702(11) is amended to read as follows: “(11) Supply reduction.— The term ‘supply reduction’ means any activity or program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of illegal drugs in the United States or abroad, including— “(A) law enforcement outside the United States; “(B) source country programs, including economic development programs primarily intended to reduce the production or trafficking of illicit drugs; “(C) activities to control international trafficking in, and availability of, illegal drugs, including— “(i) accurate assessment and monitoring of international drug production and interdiction programs and policies; and “(ii) coordination and promotion of compliance with international treaties relating to the production, transportation, or interdiction of illegal drugs; “(D) activities to conduct and promote international law enforcement programs and policies to reduce the supply of drugs; and “(E) activities to facilitate and enhance the sharing of domestic and foreign intelligence information among National Drug Control Program agencies, relating to the production and trafficking of drugs in the United States and in foreign countries.” . (g) Definitions of Appropriate Congressional Committees and Law Enforcement.— Section 702 is amended by adding at the end the following: “(12) Appropriate congressional committees.— Except where otherwise provided, the term ‘appropriate congressional committees’ means the Committee on the Judiciary, the Committee on Appropriations, and the Caucus on International Narcotics Control of the Senate and the Committee on Government Reform, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives. “(13) Law enforcement.— The term ‘law enforcement’ or ‘drug law enforcement’ means all efforts by a Federal, State, local, or tribal government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalties.” . SEC. 102. ESTABLISHMENT OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY. (a) Responsibilities.— Section 703(a) 21 USC 1702. is amended to read as follows: “(a) Establishment of Office.— There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall— “(1) develop national drug control policy; “(2) coordinate and oversee the implementation of the national drug control policy; “(3) Certification. assess and certify the adequacy of National Drug Control Programs and the budget for those programs; and “(4) evaluate the effectiveness of the national drug control policy and the National Drug Control Program agencies’ programs, by developing and applying specific goals and performance measurements.” . (b) Positions.— Section 703(b) is amended to read as follows: “(b) Director of National Drug Control Policy and Deputy Directors.— “(1) Director.— There shall be a Director of National Drug Control Policy who shall head the Office (referred to in this Act as the ‘Director’) and shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code. “(2) Deputy director.— There shall be a Deputy Director of National Drug Control Policy who shall report directly to the Director (referred to in this Act as the ‘Deputy Director’). “(3) Other deputy directors.— “(A) In general.— There shall be a Deputy Director for Demand Reduction, a Deputy Director for Supply Reduction, and a Deputy Director for State, Local, and Tribal Affairs. “(B) Reporting.— The Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State, Local, and Tribal Affairs shall report directly to the Deputy Director of the Office of National Drug Control Policy. “(C) Deputy director for demand reduction.— The Deputy Director for Demand Reduction shall be responsible for the activities in subparagraphs (A) through (H) of section 702(l). “(D) Deputy director for supply reduction.— The Deputy Director for Supply Reduction shall— “(i) have substantial experience and expertise in drug interdiction and other supply reduction activities; and “(ii) be responsible for the activities in subparagraphs (A) through (C) in section 702(11). “(E) Deputy director for state, local, and tribal affairs.— The Deputy Director for State, Local, and Tribal Affairs shall be responsible for the activities— “(i) in subparagraphs (A) through (D) of section 702(10); “(ii) in section 707, the High Intensity Drug Trafficking Areas Program; and “(iii) in section 708, the Counterdrug Technology Assessment Center.” . SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR. (a) Succession.— Section 21 USC 1703. 704(a) is amended by amending paragraph (3) to read as follows: “(3) Acting director.— If the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office, the Deputy Director shall perform the functions and duties of the Director temporarily in an acting capacity pursuant to subchapter III of chapter 33 of title 5, United States Code.” . (b) Responsibilities.— Section 704(b) is amended— (1) in paragraph (4), by striking “Federal departments and agencies engaged in drug enforcement” and inserting “National Drug Control Program agencies”; (2) in paragraph (7), by inserting after “President” the following: “and the appropriate congressional committees”; (3) in paragraph (13), by striking “(beginning in 1999)”; (4) by striking paragraph (14) and inserting the following: “(14) Deadline. shall submit to the appropriate congressional committees on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of— “(A) each of the evaluations received by the Director under paragraph (13); and “(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 706(c);” ; (5) in paragraph (15), by striking subparagraph (C) and inserting the following: “(C) supporting the substance abuse information clearinghouse administered by the Administrator of the Substance Abuse and Mental Health Services Administration and established in section 501(d)(16) of the Public Health Service Act by— “(i) encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and “(ii) supporting the dissemination of information to all interested entities;” ; and (6) by inserting at the end the following: “(16) shall coordinate with the private sector to promote private research and development of medications to treat addiction; “(17) shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of the National Drug Control Strategy; “(18) shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats; “(19) Reports. shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State, local, and tribal governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues; and “(20) Deadline. Reports. shall, within 1 year after the date of the enactment of the Office of National Drug Control Policy Reauthorization Act of 2006, report to Congress on the impact of each Federal drug reduction strategy upon the availability, addiction rate, use rate, and other harms of illegal drugs.” . (c) Review and Certification of National Drug Control Program Budget.— Section 704(c)(3) is amended— (1) in subparagraph (C)(iii), by inserting “and the appropriate congressional committees,” after “House of Representatives”; and (2) in subparagraph (D)(ii)(II)(bb), by inserting “and the appropriate congressional committees,” after “House of Representatives”. (d) Powers of Director.— Section 704(d) is amended— (1) Notification. in paragraph (9), by striking “Strategy; and” and inserting “Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with section 704(f)(5);”; and (2) in paragraph (10), by inserting before the period the following: “and section 706 of the Department of State Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j–1)”. (e) Fund Control Notices.— Section 704(f) is amended by adding at the end the following: “(4) Congressional notice.— A copy of each fund control notice shall be transmitted to the appropriate congressional committees. “(5) Restrictions.— The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner— “(A) contrary, in whole or in part, to a specific appropriation; or “(B) contrary, in whole or in part, to the expressed intent of Congress.” . (f) Drug Interdiction.— (1) In general.— Section 711 21 USC 1710. is amended by adding at the end the following: “SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE. “(a) United States Interdiction Coordinator.— “(1) In general.— The United States Interdiction Coordinator shall perform the duties of that position described in paragraph (2) and such other duties as may be determined by the Director with respect to coordination of efforts to interdict illicit drugs from entering the United States. “(2) Responsibilities.— The United States Interdiction Coordinator shall be responsible to the Director for— “(A) coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy; “(B) Deadline. on behalf of the Director, developing and issuing, on or before March 1 of each year and in accordance with paragraph (3), a National Interdiction Command and Control Plan to ensure the coordination and consistency described in subparagraph (A); “(C) assessing the sufficiency of assets committed to illicit drug interdiction by the relevant National Drug Control Program agencies; and “(D) advising the Director on the efforts of each National Drug Control Program agency to implement the National Interdiction Command and Control Plan. “(3) Staff.— The Director shall assign such permanent staff of the Office as he considers appropriate to assist the United States Interdiction Coordinator to carry out the responsibilities described in paragraph (2), and may also, at his discretion, request that appropriate National Drug Control Program agencies detail or assign staff to the Office of Supply Reduction for that purpose. “(4) National interdiction command and control plan.— “(A) Purposes.— The National Interdiction Command and Control Plan shall— “(i) set forth the Government’s strategy for drug interdiction; “(ii) state the specific roles and responsibilities of the relevant National Drug Control Program agencies for implementing that strategy; and “(iii) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy. “(B) Consultation with other agencies.— The United States Interdiction Coordinator shall issue the National Interdiction Command and Control Plan in consultation with the other members of the Interdiction Committee described in subsection (b). “(C) Limitation.— The National Interdiction Command and Control Plan shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws. “(D) Report to congress.— On or before March 1 of each year, the United States Interdiction Coordinator shall provide a report on behalf of the Director to the appropriate congressional committees, to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate, which shall include— “(i) a copy of that year’s National Interdiction Command and Control Plan; “(ii) information for the previous 10 years regarding the number and type of seizures of drugs by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas of such seizures; and “(iii) information for the previous 10 years regarding the number of air and maritime patrol hours undertaken by each National Drug Control Program agency conducting drug interdiction activities, as well as statistical information on the geographic areas in which such patrol hours took place. “(E) Treatment of classified or law enforcement sensitive information.— Any content of the report described in subparagraph (D) that involves information classified under criteria established by an Executive order, or the public disclosure of which, as determined by the Director, the Director of National Intelligence, or the head of any Federal Government agency the activities of which are described in the plan, would be detrimental to the law enforcement or national security activities of any Federal, State, or local agency, shall be presented to Congress separately from the rest of the report. “(b) Interdiction Committee.— “(1) In general.— The Interdiction Committee shall meet to— “(A) discuss and resolve issues related to the coordination, oversight and integration of international, border, and domestic drug interdiction efforts in support of the National Drug Control Strategy; “(B) review the annual National Interdiction Command and Control Plan, and provide advice to the Director and the United States Interdiction Coordinator concerning that plan; and “(C) provide such other advice to the Director concerning drug interdiction strategy and policies as the committee determines is appropriate. “(2) Chairman.— The Director shall designate one of the members of the Interdiction Committee to serve as chairman. “(3) Meetings.— The members of the Interdiction Committee shall meet, in person and not through any delegate or representative, at least once per calendar year, prior to March 1. At the call of either the Director or the current chairman, the Interdiction Committee may hold additional meetings, which shall be attended by the members either in person, or through such delegates or representatives as they may choose. “(4) Report.— Not later than September 30 of each year, the chairman of the Interdiction Committee shall submit a report to the Director and to the appropriate congressional committees describing the results of the meetings and any significant findings of the Committee during the previous 12 months. Any content of such a report that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director, the chairman, or any member, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the report.” . (2) Conforming amendment to homeland security act of 2002.— Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended— (A) in subsection (c), by striking “Except as provided in subsection (d), the” and inserting “The”; and (B) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively. (3) Technical amendments.— Section 704 (21 U.S.C. 1703) is amended— (A) by amending subsection (g) to read as follows: “(g) Inapplicability to Certain Programs.— The provisions of this section shall not apply to the National Intelligence Program, the Joint Military Intelligence Program, and Tactical and Related Activities, unless such program or an element of such program is designated as a National Drug Control Program— “(1) by the President; or “(2) jointly by— “(A) in the case of the National Intelligence Program, the Director and the Director of National Intelligence; or “(B) in the case of the Joint Military Intelligence Program and Tactical and Related Activities, the Director, the Director of National Intelligence, and the Secretary of Defense.” ; and (B) by amending subsection (h) to read as follows: “(h) Construction.— Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of National Intelligence or the Director of the Central Intelligence Agency contained in the National Security Act of 1947 (50 U.S.C. 401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or any other law.” . SEC. 104. AMENDMENTS TO ENSURE COORDINATION WITH OTHER AGENCIES.   Section 705 21 USC 1704. is amended— (1) in subsection (a)(1)(A), by striking “abuse”; (2) in subsection (a)(2)(A), by striking “Director of Central Intelligence” and inserting “Director of National Intelligence”; (3) in subsection (a)(2)(B), by striking “Director of Central Intelligence” and inserting “Director of National Intelligence and the Director of the Central Intelligence Agency”; (4) by amending subsection (a)(3) to read as follows: “(3) Required reports.— “(A) Secretaries of the interior and agriculture.— Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit to the Director and the appropriate congressional committees an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year. “(B) Secretary of homeland security.— Not later than July 1 of each year, the Secretary of Homeland Security shall submit to the Director and the appropriate congressional committees information for the preceding year regarding— “(i) the number and type of seizures of drugs by each component of the Department of Homeland Security seizing drugs, as well as statistical information on the geographic areas of such seizures; and “(ii) the number of air and maritime patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Homeland Security. “(C) Secretary of defense.— The Secretary of Defense shall, by July 1 of each year, submit to the Director and the appropriate congressional committees information for the preceding year regarding the number of air and maritime patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Defense. “(D) Attorney general.— The Attorney General shall, by July 1 of each year, submit to the Director and the appropriate congressional committees information for the preceding year regarding the number and type of— “(i) arrests for drug violations; “(ii) prosecutions for drug violations by United States Attorneys; and “(iii) seizures of drugs by each component of the Department of Justice seizing drugs, as well as statistical information on the geographic areas of such seizures.” ; (5) in subsection (b)(2)(B), by striking “Program” and inserting “Strategy”; and (6) in subsection (c), by striking “in” and inserting “on”. SEC. 105. BUDGETARY MATTERS. (a) Submission of Drug Control Budget Requests.— Section 704(c)(1) is 21 USC 1703. amended by adding at the end the following: “(C) Content of drug control budget requests.— A drug control budget request submitted by a department, agency, or program under this paragraph shall include all requests for funds for any drug control activity undertaken by that department, agency, or program, including demand reduction, supply reduction, and State, local, and tribal affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug control purposes or applications, the department, agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate.” . (b) National Drug Control Budget Proposal.— (1) National organizations.— Section 704(c)(2) is amended by inserting “and the head of each major national organization that represents law enforcement officers, agencies, or associations” after “agency”. (2) Total budget.— Section 704(c)(2)(A) is amended by inserting before the semicolon: “and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State, local, and tribal affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)”. (c) Review and Certification of National Drug Control Program Budget.— Section 704(c)(3) is amended— (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Specific requests.— The Director shall not confirm the adequacy of any budget request that— “(i) requests funding for Federal law enforcement activities that do not adequately compensate for transfers of drug enforcement resources and personnel to law enforcement and investigation activities; “(ii) requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to drug interdiction and enforcement; “(iii) requests funding for drug treatment activities that do not provide adequate results and accountability measures; “(iv) requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear anti-drug message or purpose intended to reduce drug use; “(v) requests funding for drug treatment activities that do not adequately support and enhance Federal drug treatment programs and capacity; “(vi) requests funding for fiscal year 2007 for activities of the Department of Education, unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(r)(1)) by reason of a conviction for a drug-related offense not occurring during a period of enrollment for which the individual was receiving any Federal grant, loan, or work assistance; and “(vii) requests funding for the operations and management of the Department of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458).” ; (3) in subparagraph (D)(iii), as so redesignated, by inserting “and the appropriate congressional committees” after “House of Representatives”; and (4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by inserting “and the appropriate congressional committees” after “House of Representatives”. (d) Reprogramming and Transfer Requests.— Section 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended— (1) by striking “$5,000,000” and inserting “$1,000,000”; and (2) Deadline. adding at the end the following: “If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress.”. (e) Powers of Director.— Section 704(d) is amended— (1) in paragraph (8)(D), by striking “have been authorized by Congress;” and inserting “authorized by law;”; (2) in paragraph (9), by striking “Strategy; and” and inserting “Strategy Notification. and notify the appropriate congressional committees of any fund control notice issued; and”; and (3) in paragraph (10), by striking “(22 U.S.C. 2291j).” and inserting “(22 U.S.C. 2291j) and section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1).”. (f) Fund Control Notices.— Section 704(f) (21 U.S.C. 1703(f)) is amended by adding at the end the following: “(4) Congressional notice.— A copy of each fund control notice shall be transmitted to the appropriate congressional committees. “(5) Restrictions.— The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner contrary, in whole or in part, to a specific appropriation or statute.” .

26. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 105(f) · 120 Stat. 3502

    Added · 21 U.S.C. § 1703(f)(4); 21 U.S.C. § 1703(f)(5)

    Pub. L. 109–469, § 105(f), added pars. (4) and (5) set out second

    Source evidence

    Code amendment note
    Subsec. (f)(4), (5). Pub. L. 109–469, § 105(f), added pars. (4) and (5) set out second.

    Enacted provision · exact public law section
    (f) Fund Control Notices.— Section 704(f) (21 U.S.C. 1703(f)) is amended by adding at the end the following: “(4) Congressional notice.— A copy of each fund control notice shall be transmitted to the appropriate congressional committees. “(5) Restrictions.— The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner contrary, in whole or in part, to a specific appropriation or statute.” .

27. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(e) · 120 Stat. 3502

    Added · 21 U.S.C. § 1703(f)(4); 21 U.S.C. § 1703(f)(5)

    Pub. L. 109–469, § 103(e), added pars. (4) and (5) set out first

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–469, § 103(e), added pars. (4) and (5) set out first.

    Enacted provision · exact public law section
    (e) Fund Control Notices.— Section 704(f) is amended by adding at the end the following: “(4) Congressional notice.— A copy of each fund control notice shall be transmitted to the appropriate congressional committees. “(5) Restrictions.— The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner— “(A) contrary, in whole or in part, to a specific appropriation; or “(B) contrary, in whole or in part, to the expressed intent of Congress.” .

28. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(f)(3)(A) · 120 Stat. 3502

    Amended · 21 U.S.C. § 1703(g)

    Pub. L. 109–469, § 103(f)(3)(A), amended subsec. (g) generally. Prior to amendment, text read as follows: “The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–469, § 103(f)(3)(A), amended subsec. (g) generally. Prior to amendment, text read as follows: “The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency.”

    Enacted provision · exact public law section
    (A) by amending subsection (g) to read as follows: “(g) Inapplicability to Certain Programs.— The provisions of this section shall not apply to the National Intelligence Program, the Joint Military Intelligence Program, and Tactical and Related Activities, unless such program or an element of such program is designated as a National Drug Control Program— “(1) by the President; or “(2) jointly by— “(A) in the case of the National Intelligence Program, the Director and the Director of National Intelligence; or “(B) in the case of the Joint Military Intelligence Program and Tactical and Related Activities, the Director, the Director of National Intelligence, and the Secretary of Defense.” ; and

29. 2006

    Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 § 103(f)(3)(B) · 120 Stat. 3502

    Amended · 21 U.S.C. § 1703(h)

    Pub. L. 109–469, § 103(f)(3)(B), amended subsec. (h) generally. Prior to amendment, text read as follows: “Nothing in this chapter shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 403–4 and 414 of title 50 or any other law.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–469, § 103(f)(3)(B), amended subsec. (h) generally. Prior to amendment, text read as follows: “Nothing in this chapter shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 403–4 and 414 of title 50 or any other law.”

    Enacted provision · exact public law section
    (B) by amending subsection (h) to read as follows: “(h) Construction.— Nothing in this Act shall be construed as derogating the authorities and responsibilities of the Director of National Intelligence or the Director of the Central Intelligence Agency contained in the National Security Act of 1947 (50 U.S.C. 401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or any other law.” .

30. 2012

    Presidential Appointment Efficiency and Streamlining Act of 2011

    Pub. L. 112–166 § 2(t) · 126 Stat. 1283

    Amended · 21 U.S.C. § 1703(a)(1)

    Pub. L. 112–166 amended par. (1) generally. Prior to amendment, text read as follows: “The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–166 amended par. (1) generally. Prior to amendment, text read as follows: “The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.”

    Enacted provision · exact public law section
    (t) Office of National Drug Control Policy; Deputy Directors.— Section 704(a)(1) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)(1)) is amended to read as follows: “(1) In general.— “(A) Director.— The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. “(B) Deputy directors.— The Deputy Director of National Drug Control Policy, Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State, Local, and Tribal Affairs shall each be appointed by the President and serve at the pleasure of the President. “(C) Deputy director for demand reduction.— In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational, or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment.” .

    Effective date note
    Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

31. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8202(b)(2) · 132 Stat. 3894

    Repealed · 21 U.S.C. § 1703

    Pub. L. 115–271, § 8202(b)(2), repealed Pub. L. 105–277, § 715. See 1998 Amendment note below

    Source evidence

    Code amendment note
    Pub. L. 115–271, § 8202(b)(2), repealed Pub. L. 105–277, § 715. See 1998 Amendment note below.

    Enacted provision · exact public law section
    (2) Repeal of termination.— The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended by striking section 715 (21 U.S.C. 1712).

32. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8202(a) · 132 Stat. 3894

    Amended · 21 U.S.C. § 1703

    Pub. L. 115–271, § 8202(a), revived and restored this section as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–271, § 8202(a), revived and restored this section as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title.

    Enacted provision · exact public law section
    (a) Office of National Drug Control Policy Reauthorization Act of 1998.— (1) In general.— The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), as in effect on September 29, 2003, and as amended by the laws described in paragraph (2), 21 USC 1701 and note, 1702–1708, 1710–1712, 1714. is revived and restored. (2) Laws described.— The laws described in this paragraph are: (A) The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3502). (B) The Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1283).

33. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(c)(1) · 132 Stat. 3894

    1. Added · 21 U.S.C. § 1703(a)(1)

       Pub. L. 115–271, § 8217(c)(1), added subpars. (A) to (D)

    2. Struck · 21 U.S.C. § 1703(a)(1)

       Pub. L. 115–271, § 8217(c)(1), struck out former subpars. (A) to (C) which related to appointment of Director, Deputy Directors, and Deputy Director for Demand Reduction, respectively

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–271, § 8217(c)(1), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which related to appointment of Director, Deputy Directors, and Deputy Director for Demand Reduction, respectively.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking subparagraphs (A), (B), and (C), and inserting the following: “(A) Director.— “(i) In general.— There shall be at the head of the Office a Director who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code. “(ii) Appointment.— The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. “(B) Deputy director.— There shall be a Deputy Director who shall report directly to the Director, and who shall be appointed by the President, and shall serve at the pleasure of the President. “(C) Coordinators.— The following coordinators shall be appointed by the Director: “(i) Performance Budget Coordinator, as described in section 704(c)(4). “(ii) Interdiction Coordinator, as described in section 711. “(iii) Emerging and Continuing Threats Coordinator, as described in section 709. “(iv) State, Local, and Tribal Affairs Coordinator, to carry out the activities described in section 704(j). “(v) Demand Reduction Coordinator, as described in subparagraph (D). “(D) Demand reduction coordinator.— The Director shall designate or appoint a United States Demand Reduction Coordinator to be responsible for the activities described in section 702(3). The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent).” ;

34. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(c)(2) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(a)(5)

    Pub. L. 115–271, § 8217(c)(2), substituted “such officer or employee” for “such official”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 115–271, § 8217(c)(2), substituted “such officer or employee” for “such official”.

    Enacted provision · exact public law section
    (2) in paragraph (5), by striking “such official” and inserting “such officer or employee”; and

35. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(c)(3) · 132 Stat. 3894

    Added · 21 U.S.C. § 1703(a)(6)

    Pub. L. 115–271, § 8217(c)(3), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 115–271, § 8217(c)(3), added par. (6).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(6) Prohibition on the use of funds for ballot initiatives.— No funds authorized under this title may be obligated for the purpose of expressly advocating the passage or defeat of a State or local ballot initiative.” .

36. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8221(b)(1)(A) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(b)(13)

    Pub. L. 115–271, § 8221(b)(1)(A), struck out par. (13) which required each National Drug Control Program agency to submit annual progress reports

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 115–271, § 8221(b)(1)(A), struck out par. (13) which required each National Drug Control Program agency to submit annual progress reports.

    Enacted provision · exact public law section
    (A) by striking paragraphs (13) and (17); and

37. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8221(b)(1)(B) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(b)(14)(A)

    Pub. L. 115–271, § 8221(b)(1)(B), substituted “section 1705(g)(2) of this title” for “paragraph (13)”

    Source evidence

    Code amendment note
    Subsec. (b)(14)(A). Pub. L. 115–271, § 8221(b)(1)(B), substituted “section 1705(g)(2) of this title” for “paragraph (13)”.

    Enacted provision · exact public law section
    (B) in paragraph (14)(A), by striking “paragraph (13)” and inserting “section 706(g)(2)”.

38. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8221(b)(1)(A) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(b)(17)

    Pub. L. 115–271, § 8221(b)(1)(A), struck out par. (17) which read as follows: “shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of the National Drug Control Strategy;”

    Source evidence

    Code amendment note
    Subsec. (b)(17). Pub. L. 115–271, § 8221(b)(1)(A), struck out par. (17) which read as follows: “shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of the National Drug Control Strategy;”.

    Enacted provision · exact public law section
    (A) by striking paragraphs (13) and (17); and

39. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(d) · 132 Stat. 3894

    Added · 21 U.S.C. § 1703(b)(21)

    Pub. L. 115–271, § 8217(d), added par. (21)

    Source evidence

    Code amendment note
    Subsec. (b)(21). Pub. L. 115–271, § 8217(d), added par. (21).

    Enacted provision · exact public law section
    (d) Consultation.— Section 704(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)) is amended— (1) in paragraph (19), by striking “; and” and inserting a semicolon; (2) in paragraph (20), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(21) in order to formulate the national drug control policies, goals, objectives, and priorities— “(A) shall consult with and assist— “(i) State and local governments; “(ii) National Drug Control Program Agencies; “(iii) each committee, working group, council, or other entity established under this chapter, as appropriate; “(iv) the public; “(v) appropriate congressional committees; and “(vi) any other person in the discretion of the Director; and “(B) may— “(i) establish advisory councils; “(ii) acquire data from agencies; and “(iii) request data from any other entity.” .

40. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(e)(1)(A) · 132 Stat. 3894

    1. Substituted · 21 U.S.C. § 1703(c)(2)(A)

       Pub. L. 115–271, § 8217(e)(1)(A), substituted “paragraph (1)(C) and include—” for “paragraph (1)(C);”

    2. Added · 21 U.S.C. § 1703(c)(2)(A)

       Pub. L. 115–271, § 8217(e)(1)(A), added cls. (i) and (ii)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 115–271, § 8217(e)(1)(A), substituted “paragraph (1)(C) and include—” for “paragraph (1)(C);” and added cls. (i) and (ii).

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “paragraph (1)(C);” and inserting the following: “paragraph (1)(C) and include— “(i) the funding level for each National Drug Control Program agency; and “(ii) alternative funding structures that could improve progress on achieving the goals fo the National Drug Control Strategy; and” ;

41. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(e)(1)(B) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(c)(2)(B)

    Pub. L. 115–271, § 8217(e)(1)(B), substituted “the President and Congress.” for “the President; and”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 115–271, § 8217(e)(1)(B), substituted “the President and Congress.” for “the President; and”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), strike “the President; and” and inserting “the President and Congress.”; and

42. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(e)(1)(C) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(c)(2)(C)

    Pub. L. 115–271, § 8217(e)(1)(C), struck out subpar. (C) which read as follows: “after submission under subparagraph (B), submit the consolidated budget proposal to Congress.”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 115–271, § 8217(e)(1)(C), struck out subpar. (C) which read as follows: “after submission under subparagraph (B), submit the consolidated budget proposal to Congress.”

    Enacted provision · exact public law section
    (C) by striking subparagraph (C);

43. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8222(2)(A)(i)(I) · 132 Stat. 3894

    Inserted · 21 U.S.C. § 1703(c)(3)(C)

    Pub. L. 115–271, § 8222(2)(A)(i)(I), inserted “requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including” after “request that” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C). Pub. L. 115–271, § 8222(2)(A)(i)(I), inserted “requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including” after “request that” in introductory provisions.

    Enacted provision · exact public law section
    (I) in the matter before clause (i), by inserting “requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including” after “request that”;

44. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8222(2)(A)(i)(II) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(c)(3)(C)(iii)

    Pub. L. 115–271, § 8222(2)(A)(i)(II), substituted “substance use disorder prevention and treatment” for “drug treatment” and “; and” for semicolon at end

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C)(iii). Pub. L. 115–271, § 8222(2)(A)(i)(II), substituted “substance use disorder prevention and treatment” for “drug treatment” and “; and” for semicolon at end.

    Enacted provision · exact public law section
    (II) in clause (iii)— (aa) by striking “drug treatment” and inserting “substance use disorder prevention and treatment”; and (bb) by striking the semicolon at the end and inserting “; and”;

45. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8222(2)(A)(i)(III) · 132 Stat. 3894

    1. Redesignated · 21 U.S.C. § 1703(c)(3)(C)(iv); 21 U.S.C. § 1703(c)(3)(C)(v)

       Pub. L. 115–271, § 8222(2)(A)(i)(III)–(V), redesignated cl. (v) as (iv)

    2. Substituted · 21 U.S.C. § 1703(c)(3)(C)(iv); 21 U.S.C. § 1703(c)(3)(C)(v)

       Pub. L. 115–271, § 8222(2)(A)(i)(III)–(V), substituted period for semicolon at end

    3. Struck · 21 U.S.C. § 1703(c)(3)(C)(iv); 21 U.S.C. § 1703(c)(3)(C)(v)

       Pub. L. 115–271, § 8222(2)(A)(i)(III)–(V), struck out former cl. (iv) which read as follows: “requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear anti-drug message or purpose intended to reduce drug use;”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C)(iv), (v). Pub. L. 115–271, § 8222(2)(A)(i)(III)–(V), redesignated cl. (v) as (iv), substituted period for semicolon at end, and struck out former cl. (iv) which read as follows: “requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear anti-drug message or purpose intended to reduce drug use;”.

    Enacted provision · exact public law section
    (III) by striking clauses (iv), (vi), and (vii);

46. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8222(2)(A)(i)(III) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(c)(3)(C)(vi); 21 U.S.C. § 1703(c)(3)(C)(vii)

    Pub. L. 115–271, § 8222(2)(A)(i)(III), struck out cls. (vi) and (vii) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (c)(3)(C)(vi), (vii). Pub. L. 115–271, § 8222(2)(A)(i)(III), struck out cls. (vi) and (vii) which read as follows:

    “(vi) requests funding for fiscal year 2007 for activities of the Department of Education, unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 1091(r)(1) of title 20 by reason of a conviction for a drug-related offense not occurring during a period of enrollment for which the individual was receiving any Federal grant, loan, or work assistance; and “(vii) requests funding for the operations and management of the Department of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 458 of title 6.”

    Enacted provision · exact public law section
    (III) by striking clauses (iv), (vi), and (vii);

47. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(e)(2) · 132 Stat. 3894

    1. Added · 21 U.S.C. § 1703(c)(3)(E)(ii)

       Pub. L. 115–271, § 8217(e)(2), added cl. (ii)

    2. Struck · 21 U.S.C. § 1703(c)(3)(E)(ii)

       Pub. L. 115–271, § 8217(e)(2), struck out former cl. (ii) which related to certification by Director of National Drug Control Program agency budget submissions

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E)(ii). Pub. L. 115–271, § 8217(e)(2), added cl. (ii) and struck out former cl. (ii) which related to certification by Director of National Drug Control Program agency budget submissions.

    Enacted provision · exact public law section
    (2) in paragraph (3)(E), by striking clause (ii) and inserting the following: “(ii) Certification.— The Director shall— “(I) review each budget submission submitted under subparagraph (A); “(II) based on the review under clause (i), make a determination as to whether the budget submission of a National Drug Control Program agency includes the funding levels and initiatives described in subparagraph (B); and “(III) submit to the appropriate congressional committees— “(aa) a written statement that either— “(AA) certifies that the budget submission includes sufficient funding; or “(BB) decertifies the budget submission as not including sufficient funding; “(bb) a copy of the description made under subparagraph (B); and “(cc) the budget recommendations made under subsection (b)(8).” ; and

48. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8222(2)(A)(ii) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(c)(4)(A)

    Pub. L. 115–271, § 8222(2)(A)(ii), substituted “$5,000,000 or 10 percent of a specific program or account” for “$1,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(A). Pub. L. 115–271, § 8222(2)(A)(ii), substituted “$5,000,000 or 10 percent of a specific program or account” for “$1,000,000”.

    Enacted provision · exact public law section
    (ii) in paragraph (4)(A), by striking “$1,000,000” and inserting “$5,000,000 or 10 percent of a specific program or account”; and

49. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(e)(3) · 132 Stat. 3894

    Added · 21 U.S.C. § 1703(c)(5); 21 U.S.C. § 1703(c)(6)

    Pub. L. 115–271, § 8217(e)(3), added pars. (5) and (6)

    Source evidence

    Code amendment note
    Subsec. (c)(5), (6). Pub. L. 115–271, § 8217(e)(3), added pars. (5) and (6).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(5) Performance-budget coordinator.— “(A) Designation.— The Director shall designate or appoint a United States Performance-Budget Coordinator to— “(i) ensure the Director has sufficient information necessary to analyze the performance of each National Drug Control Program Agency, the impact Federal funding has had on the goals in the Strategy, and the likely contributions to the goals of the Strategy based on funding levels of each National Drug Control Program Agency, to make an independent assessment of the budget request of each agency under this subsection; “(ii) advise the Director on agency budgets, performance measures and targets, and additional data and research needed to make informed policy decisions under this section and section 706; and “(iii) other duties as may be determined by the Director with respect to measuring or assessing performance or agency budgets. “(B) Determination of position.— The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent). “(6) Budget estimate or request submission to congress.— Whenever the Director submits any budget estimate or request to the President or the Office of Management and Budget, the Director shall concurrently transmit to the appropriate congressional committees a detailed statement of the budgetary needs of the Office to execute its mission based on the good-faith assessment of the Director.” .

50. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(1)(A) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(d)(8)(D)

    Pub. L. 115–271, § 8217(f)(1)(A), struck out “and” at end

    Source evidence

    Code amendment note
    Subsec. (d)(8)(D). Pub. L. 115–271, § 8217(f)(1)(A), struck out “and” at end.

    Enacted provision · exact public law section
    (A) in subparagraph (D), by striking “and” at the end;

51. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(1)(B)(i) · 132 Stat. 3894

    1. Substituted · 21 U.S.C. § 1703(d)(8)(E)(i)

       Pub. L. 115–271, § 8217(f)(1)(B)(i), substituted “the appropriate congressional committees” for “Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office,”

    2. Struck · 21 U.S.C. § 1703(d)(8)(E)(i)

       Pub. L. 115–271, § 8217(f)(1)(B)(i), struck out “or agencies” after “affected agency”

    Source evidence

    Code amendment note
    Subsec. (d)(8)(E)(i). Pub. L. 115–271, § 8217(f)(1)(B)(i), substituted “the appropriate congressional committees” for “Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office,” and struck out “or agencies” after “affected agency”.

    Enacted provision · exact public law section
    (i) in clause (i)— (I) by striking “Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office,” and inserting “the appropriate congressional committees”; and (II) by striking “or agencies”;

52. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(1)(B)(ii) · 132 Stat. 3894

    1. Substituted · 21 U.S.C. § 1703(d)(8)(E)(ii)

       Pub. L. 115–271, § 8217(f)(1)(B)(ii), substituted “the appropriate congressional committees” for “Congress”

    2. Inserted · 21 U.S.C. § 1703(d)(8)(E)(ii)

       Pub. L. 115–271, § 8217(f)(1)(B)(ii), inserted “and” at end

    Source evidence

    Code amendment note
    Subsec. (d)(8)(E)(ii). Pub. L. 115–271, § 8217(f)(1)(B)(ii), substituted “the appropriate congressional committees” for “Congress” and inserted “and” at end.

    Enacted provision · exact public law section
    (ii) in clause (ii)— (I) by striking “Congress” and inserting “the appropriate congressional committees”; and (II) by adding “and” at the end; and

53. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(1)(B)(iii) · 132 Stat. 3894

    Added · 21 U.S.C. § 1703(d)(8)(E)(iii)

    Pub. L. 115–271, § 8217(f)(1)(B)(iii), added cl. (iii)

    Source evidence

    Code amendment note
    Subsec. (d)(8)(E)(iii). Pub. L. 115–271, § 8217(f)(1)(B)(iii), added cl. (iii).

    Enacted provision · exact public law section
    (iii) by adding at the end the following: “(iii) funds may only be used for— “(I) expansion of demand reduction activities; “(II) interdiction of illicit drugs on the high seas, in United States territorial waters, and at United States ports of entry by officers and employees of National Drug Control Program Agencies and domestic and foreign law enforcement officers; “(III) accurate assessment and monitoring of international drug production and interdiction programs and policies; “(IV) activities to facilitate and enhance the sharing of domestic and foreign intelligence information among National Drug Control Program Agencies related to the production and trafficking of drugs in the United States and foreign countries; and “(V) research related to any of these activities.” ;

54. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(2) · 132 Stat. 3894

    Substituted · 21 U.S.C. § 1703(e)(2)(A)

    Pub. L. 115–271, § 8217(f)(2), substituted “Subject to the availability of appropriations” for “Notwithstanding any other provision of law”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 115–271, § 8217(f)(2), substituted “Subject to the availability of appropriations” for “Notwithstanding any other provision of law”.

    Enacted provision · exact public law section
    (2) in subsection (e)(2)(A), by striking “Notwithstanding any other provision of law” and inserting “Subject to the availability of appropriations”; and

55. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(2)(B)(ii) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(f)(4)

    Pub. L. 115–271, § 8217(2)(B)(ii), which directed the amendment of subsec. (f) by striking “the second paragraph (4)”, was executed by striking the par. (4) added by Pub. L. 109–469, § 105(f), to reflect the probable intent of Congress. Text read as follows: “A copy of each fund control notice shall be transmitted to the appropriate congressional committees.”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 115–271, § 8217(2)(B)(ii), which directed the amendment of subsec. (f) by striking “the second paragraph (4)”, was executed by striking the par. (4) added by Pub. L. 109–469, § 105(f), to reflect the probable intent of Congress. Text read as follows: “A copy of each fund control notice shall be transmitted to the appropriate congressional committees.”

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting before the semicolon the following: “, including the National Drug Control Strategy”;

56. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(2)(B)(i) · 132 Stat. 3894

    Struck · 21 U.S.C. § 1703(f)(5)

    Pub. L. 115–271, § 8217(2)(B)(i), which directed the amendment of subsec. (f) by striking “the first paragraph (5)”, was executed by striking the par. (5) added by Pub. L. 109–469, § 103(e), to reflect the probable intent of Congress. Text read as follows: “The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner—

    Source evidence

    Code amendment note
    Subsec. (f)(5). Pub. L. 115–271, § 8217(2)(B)(i), which directed the amendment of subsec. (f) by striking “the first paragraph (5)”, was executed by striking the par. (5) added by Pub. L. 109–469, § 103(e), to reflect the probable intent of Congress. Text read as follows: “The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner—

    “(A) contrary, in whole or in part, to a specific appropriation; or “(B) contrary, in whole or in part, to the expressed intent of Congress.”

    Enacted provision · exact public law section
    (2) in paragraph (2), by inserting before the semicolon the following: “, including the National Drug Control Strategy”;

57. 2018

    Substance Abuse Prevention Act of 2018

    Pub. L. 115–271 § 8217(f)(3) · 132 Stat. 3894

    Added · 21 U.S.C. § 1703(i)(k)

    Pub. L. 115–271, § 8217(f)(3), added subsecs. (i) to (k)

    Source evidence

    Code amendment note
    Subsecs. (i) to (k). Pub. L. 115–271, § 8217(f)(3), added subsecs. (i) to (k).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(i) Model Acts Program.— “(1) In general.— The Director shall provide for or shall enter into an agreement with a nonprofit organization to— “(A) advise States on establishing laws and policies to address illicit drug use issues; and “(B) revise such model State drug laws and draft supplementary model State laws to take into consideration changes in illicit drug use issues in the State involved. “(2) Authorization of appropriations.— There is authorized to be appropriated to carry out this subsection $1,250,000 for each of fiscal years 2018 through 2023. “(j) State, Local, and Tribal Affairs Coordinator.— The Director shall designate or appoint a United States State, Local, and Tribal Affairs Coordinator to perform the duties of the Office outlined in this section and 706 and such other duties as may be determined by the Director with respect to coordination of drug control efforts between agencies and State, local, and Tribal governments. The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent). “(k) Harm Reduction Programs.— When developing the national drug control policy, any policy of the Director, including policies relating to syringe exchange programs for intravenous drug users, shall be based on the best available medical and scientific evidence regarding the effectiveness of such policy in promoting individual health and preventing the spread of infectious disease and the impact of such policy on drug addiction and use. In making any policy relating to harm reduction programs, the Director shall consult with the National Institutes of Health and the National Academy of Sciences.” .

58. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(2) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703

    Pub. L. 116–74, § 2(a)(2), substituted “National Drug Control Program agencies” for “National Drug Control Program Agencies” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 116–74, § 2(a)(2), substituted “National Drug Control Program agencies” for “National Drug Control Program Agencies” wherever appearing.

    Enacted provision · exact public law section
    (2) by striking “National Drug Control Program Agencies” and inserting “National Drug Control Program agencies” each place it appears;

59. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(A)(i)(I) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(a)(1)(C)(i)

    Pub. L. 116–74, § 2(a)(5)(A)(i)(I), substituted “subsection (c)(5)” for “subsection (c)(4)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C)(i). Pub. L. 116–74, § 2(a)(5)(A)(i)(I), substituted “subsection (c)(5)” for “subsection (c)(4)”.

    Enacted provision · exact public law section
    (I) in clause (i), by striking “section 704(c)(4)” and inserting “subsection (c)(5)”; and

60. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(A)(i)(II) · 133 Stat. 1155

    Changed · 21 U.S.C. § 1703(a)(1)(C)(iv)

    Pub. L. 116–74, § 2(a)(5)(A)(i)(II), made technical amendment to reference in original act which appears in text as reference to subsection (j)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C)(iv). Pub. L. 116–74, § 2(a)(5)(A)(i)(II), made technical amendment to reference in original act which appears in text as reference to subsection (j).

    Enacted provision · exact public law section
    (II) in clause (iv), by striking “section 704(j)” and inserting “subsection (j)”; and

61. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(A)(ii) · 133 Stat. 1155

    1. Substituted · 21 U.S.C. § 1703(a)(1)(D)

       Pub. L. 116–74, § 2(a)(5)(A)(ii), substituted “For purposes of carrying out the previous sentence, the Director shall designate or appoint an” for “The Director shall determine whether the coordinator position is a noncareer”

    2. Substituted · 21 U.S.C. § 1703(a)(1)(D)

       Pub. L. 116–74, § 2(a)(5)(A)(ii), substituted “or an appointee” for “or a career appointee”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(D). Pub. L. 116–74, § 2(a)(5)(A)(ii), substituted “For purposes of carrying out the previous sentence, the Director shall designate or appoint an” for “The Director shall determine whether the coordinator position is a noncareer” and “or an appointee” for “or a career appointee”.

    Enacted provision · exact public law section
    (ii) in subparagraph (D)— (I) by striking “The Director shall determine whether the coordinator position is a noncareer” and inserting “For purposes of carrying out the previous sentence, the Director shall designate or appoint an”; and (II) by striking “a career” and inserting “an”;

62. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(B) · 133 Stat. 1155

    Changed · 21 U.S.C. § 1703(b)(21)(A)(iii)

    Pub. L. 116–74, § 2(a)(5)(B), made technical amendment to reference in original act which appears in text as reference to this chapter

    Source evidence

    Code amendment note
    Subsec. (b)(21)(A)(iii). Pub. L. 116–74, § 2(a)(5)(B), made technical amendment to reference in original act which appears in text as reference to this chapter.

    Enacted provision · exact public law section
    (B) in subsection (b)(21)(A)(iii), by striking “chapter” and inserting “title”;

63. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(C)(i) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(c)(2)(A)(ii)

    Pub. L. 116–74, § 2(a)(5)(C)(i), substituted “of” for “fo”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A)(ii). Pub. L. 116–74, § 2(a)(5)(C)(i), substituted “of” for “fo”.

    Enacted provision · exact public law section
    (i) in paragraph (2)(A)(ii), by striking “fo” and inserting “of”;

64. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(C)(ii)(I) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(c)(3)(E)(ii)(I)

    Pub. L. 116–74, § 2(a)(5)(C)(ii)(I), substituted “clause (i)” for “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E)(ii)(I). Pub. L. 116–74, § 2(a)(5)(C)(ii)(I), substituted “clause (i)” for “subparagraph (A)”.

    Enacted provision · exact public law section
    (I) in subclause (I), by striking “subparagraph (A)” and inserting “clause (i)”; and

65. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(C)(ii)(II) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(c)(3)(E)(ii)(II)

    Pub. L. 116–74, § 2(a)(5)(C)(ii)(II), substituted “subclause (I)” for “clause (i)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E)(ii)(II). Pub. L. 116–74, § 2(a)(5)(C)(ii)(II), substituted “subclause (I)” for “clause (i)”.

    Enacted provision · exact public law section
    (II) in subclause (II), by striking “clause (i)” and inserting “subclause (I)”; and

66. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(1) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(c)(5)(A)(i)

    Pub. L. 116–74, § 2(a)(1), substituted “National Drug Control Program agency” for “National Drug Control Program Agency” in two places

    Source evidence

    Code amendment note
    Subsec. (c)(5)(A)(i). Pub. L. 116–74, § 2(a)(1), substituted “National Drug Control Program agency” for “National Drug Control Program Agency” in two places.

    Enacted provision · exact public law section
    (1) by striking “National Drug Control Program Agency” and inserting “National Drug Control Program agency” each place it appears;

67. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(C)(iii) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1703(c)(5)(B)

    Pub. L. 116–74, § 2(a)(5)(C)(iii), substituted “For purposes of carrying out subparagraph (A), the Director shall designate or appoint an” for ‘The Director shall determine whether the coordinator position is a noncareer”

    Source evidence

    Code amendment note
    Subsec. (c)(5)(B). Pub. L. 116–74, § 2(a)(5)(C)(iii), substituted “For purposes of carrying out subparagraph (A), the Director shall designate or appoint an” for ‘The Director shall determine whether the coordinator position is a noncareer”.

    Enacted provision · exact public law section
    (iii) in paragraph (5)(B)— (I) by striking “The Director shall determine whether the coordinator position is a noncareer” and inserting “For purposes of carrying out subparagraph (A), the Director shall designate or appoint an”; and (II) by striking “a career” and inserting “an”;

68. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(D)(i) · 133 Stat. 1155

    1. Redesignated · 21 U.S.C. § 1703(d)(8)(F)

       Pub. L. 116–74, § 2(a)(5)(D)(i), redesignated subpar. (E)(iii) as subpar. (F)

    2. Redesignated · 21 U.S.C. § 1703(d)(8)(F)

       Pub. L. 116–74, § 2(a)(5)(D)(i), redesignated subcls. (I) to (V) of former subpar. (E)(iii) as cls. (i) to (v) of subpar. (F), respectively, realigned margins

    3. Substituted · 21 U.S.C. § 1703(d)(8)(F)

       Pub. L. 116–74, § 2(a)(5)(D)(i), substituted “activities;” for “activities.” in cl. (v)

    Source evidence

    Code amendment note
    Subsec. (d)(8)(F). Pub. L. 116–74, § 2(a)(5)(D)(i), redesignated subpar. (E)(iii) as subpar. (F), redesignated subcls. (I) to (V) of former subpar. (E)(iii) as cls. (i) to (v) of subpar. (F), respectively, realigned margins, and substituted “activities;” for “activities.” in cl. (v).

    Enacted provision · exact public law section
    (i) paragraph (8)— (I) in subparagraph (E)— (aa) in clause (iii), by moving subclauses (I) through (V) 2 ems to the left so that the left margin of such clause is aligned with the margin of clause (iii); (bb) by moving clause (iii) 2 ems to the left so that the left margin of such clause is aligned with the margin of subparagraph (E); and (cc) by redesignating clause (iii) as subparagraph (F); and (II) in subparagraph (F), as so redesignated— (aa) by redesignating subclauses (I) through (V) as clauses (i) through (v), respectively; and (bb) in clause (v), as so redesignated, by striking the period at the end and inserting a semicolon; and

69. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(D)(ii) · 133 Stat. 1155

    Inserted · 21 U.S.C. § 1703(d)(9)

    Pub. L. 116–74, § 2(a)(5)(D)(ii), made technical amendment to reference in original act which appears in text as reference to subsection (f)(5), and inserted “and” at end

    Source evidence

    Code amendment note
    Subsec. (d)(9). Pub. L. 116–74, § 2(a)(5)(D)(ii), made technical amendment to reference in original act which appears in text as reference to subsection (f)(5), and inserted “and” at end.

    Enacted provision · exact public law section
    (ii) in paragraph (9), by striking “section 704(f)(5);” and inserting “subsection (f)(5); and”; and

70. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(5)(E) · 133 Stat. 1155

    1. Substituted · 21 U.S.C. § 1703(j)

       Pub. L. 116–74, § 2(a)(5)(E), substituted “For purposes of carrying out the previous sentence, the Director shall designate or appoint an” for “The Director shall determine whether the coordinator position is a noncareer”

    2. Substituted · 21 U.S.C. § 1703(j)

       Pub. L. 116–74, § 2(a)(5)(E), substituted “or an appointee” for “or a career appointee”

    3. Inserted · 21 U.S.C. § 1703(j)

       Pub. L. 116–74, § 2(a)(5)(E), inserted “section” before “1705”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 116–74, § 2(a)(5)(E), substituted “For purposes of carrying out the previous sentence, the Director shall designate or appoint an” for “The Director shall determine whether the coordinator position is a noncareer” and “or an appointee” for “or a career appointee”, and inserted “section” before “1705”.

    Enacted provision · exact public law section
    (E) in subsection (j)— (i) by striking “The Director shall determine whether the coordinator position is a noncareer” and inserting “For purposes of carrying out the previous sentence, the Director shall designate or appoint an”; (ii) by striking “a career” and inserting “an”; and (iii) by inserting “section” before “706”;

83 of 85 references resolved to an enrolled provision · 2 partial