§ 1708. Emerging Threats Committee, plan, and media campaign

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. § 1708

   Pub. L. 105–277, div. C, title VII, §§ 709, 715, Oct. 21, 1998, 112 Stat. 2681–688, 2681–693

   Source evidence

   Code source credit
   Pub. L. 105–277, div. C, title VII, §§ 709, 715, Oct. 21, 1998, 112 Stat. 2681–688, 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. § 1708

   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. § 1708

   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 § 501(a) · 120 Stat. 3502

   Amended · 21 U.S.C. § 1708

   Pub. L. 109–469, § 501(a), amended section catchline and text generally. Prior to amendment, section related to the President’s Council on Counter-Narcotics

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–469, § 501(a), amended section catchline and text generally. Prior to amendment, section related to the President’s Council on Counter-Narcotics.

   Enacted provision · exact public law section
   (a) In General.— Section 709 (21 U.S.C. 1708) is amended to read as follows: “SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN. “(a) In General.— The Director shall conduct a national youth anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this section for the purposes of— “(1) preventing drug abuse among young people in the United States; “(2) increasing awareness of adults of the impact of drug abuse on young people; and “(3) encouraging parents and other interested adults to discuss with young people the dangers of illegal drug use. “(b) Use of Funds.— “(1) In general.— Amounts made available to carry out this section for the national media campaign may only be used for the following: “(A) The purchase of media time and space, including the strategic planning for, and accounting of, such purchases. “(B) Creative and talent costs, consistent with paragraph (2)(A). “(C) Advertising production costs. “(D) Testing and evaluation of advertising. “(E) Evaluation of the effectiveness of the national media campaign. “(F) The negotiated fees for the winning bidder on requests for proposals issued either by the Office or its designee to enter into contracts to carry out activities authorized by this section. “(G) Partnerships with professional and civic groups, community-based organizations, including faith-based organizations, and government organizations related to the national media campaign. “(H) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation. “(I) Operational and management expenses. “(2) Specific requirements.— “(A) Creative services.— “(i) In using amounts for creative and talent costs under paragraph (1)(B), the Director shall use creative services donated at no cost to the Government (including creative services provided by the Partnership for a Drug-Free America) wherever feasible and may only procure creative services for advertising— “(I) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or “(II) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost; or “(III) the Director determines that the Partnership for a Drug-Free America is unable to provide, pursuant to subsection (d)(2)(B). “(ii) Subject to the availability of appropriations, no more than $1,500,000 may be expended under this section each fiscal year on creative services, except that the Director may expend up to $2,000,000 in a fiscal year on creative services to meet urgent needs of the national media campaign with advance approval from the Committee on Appropriations of the Senate and of the House of Representatives upon a showing of the circumstances causing such urgent needs of the national media campaign. “(B) Testing and evaluation of advertising.— In using amounts for testing and evaluation of advertising under paragraph (1)(D), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective and meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time purchased under this section in a fiscal year and no more than 10 percent of the advertising space purchased under this section in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign. “(C) Evaluation of effectiveness of media campaign.— In using amounts for the evaluation of the effectiveness of the national media campaign under paragraph (1)(E), the Director shall— “(i) designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from— “(I) the Monitoring the Future Study published by the Department of Health and Human Services; “(II) the Attitude Tracking Study published by the Partnership for a Drug-Free America; “(III) the National Household Survey on Drug Abuse; and “(IV) other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and “(ii) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to reduction of illicit drug use among youth and such other measures of evaluation as the Director determines are appropriate. “(3) Purchase of advertising time and space.— Subject to the availability of appropriations, for each fiscal year, not less than 77 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the national media campaign, subject to the following exceptions: “(A) In any fiscal year for which less than $125,000,000 is appropriated for the national media campaign, not less than 72 percent of the amounts appropriated under this section shall be used for the purchase of advertising time and space for the national media campaign. “(B) In any fiscal year for which more than $195,000,000 is appropriated under this section, not less than 82 percent shall be used for advertising production costs and the purchase of advertising time and space for the national media campaign. “(c) Advertising.— In carrying out this section, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. “(d) Division of Responsibilities and Functions Under the Program.— “(1) In general.— The Director, in consultation with the Partnership for a Drug-Free America, shall determine the overall purposes and strategy of the national media campaign. “(2) Responsibilities.— “(A) Director.— The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in subsection (a), and shall approve— “(i) the strategy of the national media campaign; “(ii) all advertising and promotional material used in the national media campaign; and “(iii) the plan for the purchase of advertising time and space for the national media campaign. “(B) The partnership for a drug-free america.— The Director shall request that the Partnership for a Drug-Free America— “(i) develop and recommend strategies to achieve the goals of the national media campaign, including addressing national and local drug threats in specific regions or States, such as methamphetamine and ecstasy; “(ii) create all advertising to be used in the national media campaign, except advertisements that are— “(I) provided by other nonprofit entities pursuant to subsection (f); “(II) intended to respond to high-priority or emergent campaign needs that cannot timely be obtained at no cost (not including production costs and talent reuse payments), provided that any such advertising material is reviewed by the Partnership for a Drug-Free America; “(III) intended to reach a minority, ethnic, or other special audience that cannot be obtained at no cost (not including production costs and talent reuse payments), provided that any such advertising material is reviewed by the Partnership for a Drug-Free America; or “(IV) any other advertisements that the Director determines that the Partnership for a Drug-Free America is unable to provide or if the Director determines that another entity is more appropriate, subject to the requirements of subsection (b)(2)(A). If Notification. Deadline. the Director determines that another entity is more appropriate under clause (ii)(IV), the Director shall notify Congress, through the committees of jurisdiction in the House and Senate, in writing, not less than 30 days prior to contracting with a party other than the Partnership for a Drug-Free America. “(C) Media buying contractor.— The Director shall enter into a contract with a media buying contractor to plan and purchase advertising time and space for the national media campaign. The media buying contractor shall not provide any other service or material, or conduct any other function or activity which the Director determines should be provided by the Partnership for a Drug-Free America. “(e) Prohibitions.— None of the amounts made available under subsection (b) may be obligated or expended for any of the following: “(1) To supplant current anti-drug community-based coalitions. “(2) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. “(3) For partisan political purposes, or express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. “(4) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations. “(5) To fund advertising that does not contain a primary message intended to reduce or prevent illicit drug use. “(6) To fund advertising containing a primary message intended to promote support for the media campaign or private sector contributions to the media campaign. “(f) Matching Requirement.— “(1) In general.— Amounts made available under subsection (b) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value. “(2) No-cost match advertising direct relationship requirement.— The Director shall ensure that at least 70 percent of no-cost match advertising provided directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign, except that in any fiscal year in which less than $125,000,000 is appropriated to the national media campaign, the Director shall ensure that at least 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign. “(3) No-cost match advertising not directly related.— The Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention consistent with the purposes of the national media campaign includes a clear anti-drug message. Such message is not required to be the primary message of the match advertising. “(g) Financial and Performance Accountability.— The Director shall cause to be performed— “(1) audits and reviews of costs of the national media campaign pursuant to section 304C of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254d); and “(2) an audit to determine whether the costs of the national media campaign are allowable under section 306 of such Act (41 U.S.C. 256). “(h) Report to Congress.— The Director shall submit on an annual basis a report to Congress that describes— “(1) the strategy of the national media campaign and whether specific objectives of the media campaign were accomplished; “(2) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; “(3) plans to purchase advertising time and space; “(4) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; and “(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign. “(i) Local Target Requirement.— The Director shall, to the maximum extent feasible, use amounts made available under this section for media that focuses on, or includes specific information on, prevention or treatment resources for consumers within specific local areas. “(j) Prevention of Marijuana Use.— “(1) Findings.— The Congress finds the following: “(A) 60 percent of adolescent admissions for drug treatment are based on marijuana use. “(B) Potency levels of contemporary marijuana, particularly hydroponically grown marijuana, are significantly higher than in the past, rising from under 1 percent of THC in the mid-1970s to as high as 30 percent today. “(C) Contemporary research has demonstrated that youths smoking marijuana early in life may be up to 5 times more likely to use hard drugs. “(D) Contemporary research has demonstrated clear detrimental effects in adolescent educational achievement resulting from marijuana use. “(E) Contemporary research has demonstrated clear detrimental effects in adolescent brain development resulting from marijuana use. “(F) An estimated 9,000,000 Americans a year drive while under the influence of illegal drugs, including marijuana. “(G) Marijuana smoke contains 50 to 70 percent more of certain cancer causing chemicals than tobacco smoke. “(H) Teens who use marijuana are up to 4 times more likely to have a teen pregnancy than teens who have not. “(I) Federal law enforcement agencies have identified clear links suggesting that trade in hydroponic marijuana facilitates trade by criminal organizations in hard drugs, including heroin. “(J) Federal law enforcement agencies have identified possible links between trade in cannabis products and financing for terrorist organizations. “(2) Emphasis on prevention of youth marijuana use.— In conducting advertising and activities otherwise authorized under this section, the Director may emphasize prevention of youth marijuana use. “(k) Prevention of Methamphetamine Abuse and Other Emerging Drug Abuse Threats.— “(1) Requirement to use 10 percent of funds for methamphetamine abuse prevention.— The Director shall ensure that, of the amounts appropriated under this section for the national media campaign for a fiscal year, not less than 10 percent shall be expended solely for the activities described in subsection (b)(1) with respect to advertisements specifically intended to reduce the use of methamphetamine. “(2) Authority to use funds for other drug abuse upon certification that methamphetamine abuse fell during fiscal year 2007.— With respect to fiscal year 2008 and any fiscal year thereafter, if the Director certifies in writing to Congress that domestic methamphetamine laboratory seizures (as reported to the El Paso Intelligence Center of the Drug Enforcement Administration) decreased to at least 75 percent of the 2006 level, or the Director has documented a highly, statistically significant increase in a specific drug, from a baseline determined by locally collected data, that can be defined as a local drug crisis, the Director may apply paragraph (1)(A) for that fiscal year with respect to advertisements specifically intended to reduce the use of such other drugs. “(l) Authorization of Appropriations.— There is authorized to be appropriated to the Office to carry out this section, $195,000,000 for each of fiscal years 2007 and 2008 and $210,000,000 for each of fiscal years 2009 through 2011.” .

5. 2018

   Substance Abuse Prevention Act of 2018

   Pub. L. 115–271 § 8218(a) · 132 Stat. 3894

   Amended · 21 U.S.C. § 1708

   Pub. L. 115–271, § 8218(a), amended section generally. Prior to amendment, section related to national youth anti-drug media campaign

   Source evidence

   Code amendment note
   Pub. L. 115–271, § 8218(a), amended section generally. Prior to amendment, section related to national youth anti-drug media campaign.

   Enacted provision · exact public law section
   (a) In General.— Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended to read as follows: “SEC. 709. EMERGING THREATS COMMITTEE, PLAN, AND MEDIA CAMPAIGN. “(a) Emerging Threats Coordinator.— The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that position described in this section and such other duties as may be determined by the Director. 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). “(b) Emerging Threats Committee.— “(1) In general.— The Emerging Threats Committee shall— “(A) monitor evolving and emerging drug threats in the United States; “(B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6); “(C) assist in the formulation of and oversee implementation of any plan described in subsection (d); “(D) provide such other advice to the Coordinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and “(E) disseminate and facilitate the sharing with Federal, State, local, and Tribal officials and other entities as determined by the Director of pertinent information and data relating to— “(i) recent trends in drug supply and demand; “(ii) fatal and nonfatal overdoses; “(iii) demand for and availability of evidence-based substance use disorder treatment, including the extent of the unmet treatment need, and treatment admission trends; “(iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and “(v) other subject matter as determined necessary by the Director. “(2) Chairperson.— The Director shall designate one of the members of the Emerging Threats Committee to serve as Chairperson. “(3) Members.— The Director shall appoint other members of the Committee, which shall include— “(A) representatives from National Drug Control Program Agencies or other agencies; “(B) representatives from State, local, and Tribal governments; and “(C) representatives from other entities as designated by the Director. “(4) Meetings.— The members of the Emerging Threats Committee shall meet, in person and not through any delegate or representative, not less frequently than once per calendar year, before June 1. At the call of the Director or the Chairperson, the Emerging Threats Committee may hold additional meetings as the members may choose. “(5) Contract, agreement, and other authority.— The Director may award contracts, enter into interagency agreements, manage individual projects, and conduct other activities in support of the identification of emerging drug threats and in support of the development, implementation, and assessment of any Emerging Threat Response Plan. “(6) Criteria to identify emerging drug threats.— Not later than 180 days after the date on which the Committee first meets, the Committee shall develop and recommend to the Director criteria to be used to identify an emerging drug threat or the termination of an emerging drug threat designation based on information gathered by the Committee, statistical data, and other evidence. “(c) Designation.— “(1) In general.— The Director, in consultation with the Coordinator, the Committee, and the head of each National Drug Control Program Agency, may designate an emerging drug threat in the United States. “(2) Standards for designation.— The Director, in consultation with the Coordinator, shall promulgate and make publicly available standards by which a designation under paragraph (1) and the termination of such designation may be made. In developing such standards, the Director shall consider the recommendations of the committee and other criteria the Director considers to be appropriate. “(3) Public statement required.— The Director shall publish a public written statement on the portal of the Office explaining the designation of an emerging drug threat or the termination of such designation and shall notify the appropriate congressional committees of the availability of such statement when a designation or termination of such designation has been made. “(d) Plan.— “(1) Public availability of plan.— Not later than 90 days after making a designation under subsection (c), the Director shall publish and make publicly available an Emerging Threat Response Plan and notify the President and the appropriate congressional committees of such plan’s availability. “(2) Timing.— Concurrently with the annual submissions under section 706(g), the Director shall update the plan and report on implementation of the plan, until the Director issues the public statement required under subsection (c)(3) to terminate the emerging drug threat designation. “(3) Contents of an emerging threat response plan.— The Director shall include in the plan required under this subsection— “(A) a comprehensive strategic assessment of the emerging drug threat, including the current availability of, demand for, and effectiveness of evidence-based prevention, treatment, and enforcement programs and efforts to respond to the emerging drug threat; “(B) comprehensive, research-based, short- and long-term, quantifiable goals for addressing the emerging drug threat, including for reducing the supply of the drug designated as the emerging drug threat and for expanding the availability and effectiveness of evidence-based substance use disorder treatment and prevention programs to reduce the demand for the emerging drug threat; “(C) performance measures pertaining to the plan’s goals, including quantifiable and measurable objectives and specific targets; “(D) the level of funding needed to implement the plan, including whether funding is available to be reprogrammed or transferred to support implementation of the plan or whether additional appropriations are necessary to implement the plan; “(E) an implementation strategy for the media campaign under subsection (f), including goals as described under subparagraph (B) of this paragraph and performance measures, objectives, and targets, as described under subparagraph (C) of this paragraph; and “(F) any other information necessary to inform the public of the status, progress, or response of an emerging drug threat. “(4) Implementation.— “(A) In general.— Not later than 120 days after the date on which a designation is made under subsection (c), the Director, in consultation with the President, the appropriate congressional committees, and the head of each National Drug Control Program Agency, shall issue guidance on implementation of the plan described in this subsection to the National Drug Control Program Agencies and any other relevant agency determined to be necessary by the Director. “(B) Coordinator’s responsibilities.— The Coordinator shall— “(i) direct the implementation of the plan among the agencies identified in the plan, State, local, and Tribal governments, and other relevant entities; “(ii) facilitate information-sharing between agencies identified in the plan, State, local, and Tribal governments, and other relevant entities; and “(iii) monitor implementation of the plan by coordinating the development and implementation of collection and reporting systems to support performance measurement and adherence to the plan by agencies identified in plan, where appropriate. “(C) Reporting.— Not later than 180 days after the date on which a designation is made under subsection (c) and in accordance with subparagraph (A), the head of each agency identified in the plan shall submit to the Coordinator a report on implementation of the plan. “(e) Evaluation of Media Campaign.— Upon designation of an emerging drug threat, the Director shall evaluate whether a media campaign would be appropriate to address that threat. “(f) National Anti-drug Media Campaign.— “(1) In general.— The Director shall, to the extent feasible and appropriate, conduct a national anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this subsection for the purposes of— “(A) preventing substance abuse among people in the United States; “(B) educating the public about the dangers and negative consequences of substance use and abuse, including patient and family education about the characteristics and hazards of substance abuse and methods to safeguard against substance use, to include the safe disposal of prescription medications; “(C) supporting evidence-based prevention programs targeting the attitudes, perception, and beliefs of persons concerning substance use and intentions to initiate or continue such use; “(D) encouraging individuals affected by substance use disorders to seek treatment and providing such individuals with information on— “(i) how to recognize addiction issues; “(ii) what forms of evidence-based treatment options are available; and “(iii) how to access such treatment; “(E) combating the stigma of addiction and substance use disorders, including the stigma of treating such disorders with medication-assisted treatment therapies; and “(F) informing the public about the dangers of any drug identified by the Director as an emerging drug threat as appropriate. “(2) Use of funds.— “(A) In general.— Amounts made available to carry out this subsection for the national media campaign may only be used for the following: “(i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases. “(ii) Creative and talent costs, consistent with subparagraph (B)(i). “(iii) Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues. “(iv) Testing and evaluation of advertising. “(v) Evaluation of the effectiveness of the national media campaign. “(vi) Costs of contracts to carry out activities authorized by this subsection. “(vii) Partnerships with professional and civic groups, community-based organizations, including faith-based organizations, and government organizations related to the national media campaign. “(viii) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation. “(ix) Operational and management expenses. “(B) Specific requirements.— “(i) Creative services.— In using amounts for creative and talent costs under subparagraph (A)(ii), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising— “(I) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or “(II) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost. “(ii) Testing and evaluation of advertising.— In using amounts for testing and evaluation of advertising under subparagraph (A)(iv), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective with the target audience and meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time purchased under this subsection in a fiscal year and no more than 10 percent of the advertising space purchased under this subsection in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign. “(iii) Consultation.— For the planning of the campaign under paragraph (1), the Director may consult with— “(I) the head of any appropriate National Drug Control Program Agency; “(II) experts on the designated drug; “(III) State, local, and Tribal government officials and relevant agencies; “(IV) communications professionals; “(V) the public; and “(VI) appropriate congressional committees. “(iv) Evaluation of effectiveness of national media campaign.— In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Director shall— “(I) designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from— “(aa) the Monitoring the Future Study published by the Department of Health and Human Services; “(bb) the National Survey on Drug Use and Health; and “(cc) other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and “(II) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to substance use and such other measures of evaluation as the Director determines are appropriate. “(3) Advertising.— In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. “(4) Responsibilities and functions under the program.— “(A) In general.— The Director shall determine the overall purposes and strategy of the national media campaign. “(B) Director.— “(i) In general.— The Director shall approve— “(I) the strategy of the national media campaign; “(II) all advertising and promotional material used in the national media campaign; and “(III) the plan for the purchase of advertising time and space for the national media campaign. “(ii) Implementation.— The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in paragraph (1) and shall ensure— “(I) information disseminated through the campaign is accurate and scientifically valid; and “(II) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and requirements of paragraph (1), which may include— “(aa) a media campaign, as described in paragraph (2); “(bb) local, regional, or population specific messaging; “(cc) the development of websites to publicize and disseminate information; “(dd) conducting outreach and providing educational resources for parents; “(ee) collaborating with law enforcement agencies; and “(ff) providing support for school-based public health education classes to improve teen knowledge about the effects of substance use. “(5) Prohibitions.— None of the amounts made available under paragraph (2) may be obligated or expended for any of the following: “(A) To supplant current anti-drug community-based coalitions. “(B) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns. “(C) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. “(D) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations. “(E) To fund advertising that does not contain a primary message intended to reduce or prevent substance use. “(F) To fund advertising containing a primary message intended to promote support for the national media campaign or private sector contributions to the national media campaign. “(6) Matching requirement.— “(A) In general.— Amounts made available under paragraph (2) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value. “(B) No-cost match advertising direct relationship requirement.— The Director shall ensure that not less than 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign. “(C) No-cost match advertising not directly related.— The Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention consistent with the purposes of the national media campaign includes a clear anti-drug message. Such message is not required to be the primary message of the match advertising. “(7) Financial and performance accountability.— The Director shall cause to be performed— “(A) audits and reviews of costs of the national media campaign pursuant to section 4706 of title 41, United States Code; and “(B) an audit to determine whether the costs of the national media campaign are allowable under chapter 43 of title 41, United States Code. “(8) Report to congress.— The Director shall submit on an annual basis a report to Congress that describes— “(A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accomplished; “(B) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign; “(C) plans to purchase advertising time and space; “(D) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; “(E) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign; “(F) the results of any financial audit of the national media campaign; “(G) a description of any evidence used to develop the national media campaign; “(H) specific policies and steps implemented to ensure compliance with this section; “(I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information necessary to provide a complete accounting of the funds expended; and “(J) a review and evaluation of the effectiveness of the national media campaign strategy for the past year. “(9) Required notice for communication from the office.— Any communication, including an advertisement, paid for or otherwise disseminated by the Office directly or through a contract awarded by the Office shall include a prominent notice informing the audience that the communication was paid for by the Office. “(g) Authorization of Appropriations.— There is authorized to be appropriated to the Office to carry out this section, $25,000,000 for each of fiscal years 2018 through 2023.” .

6. 2018

   Substance Abuse Prevention Act of 2018

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

   Repealed · 21 U.S.C. § 1708

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

   Target inherited from the preceding amendment note.

   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).

7. 2018

   Substance Abuse Prevention Act of 2018

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

   Amended · 21 U.S.C. § 1708

   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).

8. 2019

   ONDCP Technical Corrections Act of 2019

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

   Substituted · 21 U.S.C. § 1708

   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;

9. 2019

   ONDCP Technical Corrections Act of 2019

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

   Substituted · 21 U.S.C. § 1708

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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–74, § 2(a)(1), substituted “National Drug Control Program agency” for “National Drug Control Program Agency” wherever appearing.

   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;

10. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(8)(A) · 133 Stat. 1155

    1. Inserted · 21 U.S.C. § 1708(a)

       Pub. L. 116–74, § 2(a)(8)(A), in heading, inserted “and Continuing” before “Threats”, and in text

    2. Substituted · 21 U.S.C. § 1708(a)

       Pub. L. 116–74, § 2(a)(8)(A), in heading, 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”

    3. Substituted · 21 U.S.C. § 1708(a)

       Pub. L. 116–74, § 2(a)(8)(A), in heading, substituted “an appointee” for “a career appointee”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–74, § 2(a)(8)(A), in heading, inserted “and Continuing” before “Threats”, and in text, 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 “an appointee” for “a career appointee”.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) in the heading, by inserting “and Continuing” before “Threats”; (ii) 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 (iii) by striking “a career” and inserting “an”;

11. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(8)(B)(i) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1708(d)(3)(F)

    Pub. L. 116–74, § 2(a)(8)(B)(i), substituted “response to” for “response of”

    Source evidence

    Code amendment note
    Subsec. (d)(3)(F). Pub. L. 116–74, § 2(a)(8)(B)(i), substituted “response to” for “response of”.

    Enacted provision · exact public law section
    (i) in paragraph (3)(F), by striking “response of” and inserting “response to”; and

12. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(8)(B)(ii) · 133 Stat. 1155

    Inserted · 21 U.S.C. § 1708(d)(4)(B)(iii)

    Pub. L. 116–74, § 2(a)(8)(B)(ii), inserted “the” before “plan, where”

    Source evidence

    Code amendment note
    Subsec. (d)(4)(B)(iii). Pub. L. 116–74, § 2(a)(8)(B)(ii), inserted “the” before “plan, where”.

    Enacted provision · exact public law section
    (ii) in paragraph (4)(B)(iii), by inserting “the” before “plan, where”; and

13. 2019

    ONDCP Technical Corrections Act of 2019

    Pub. L. 116–74 § 2(a)(8)(C) · 133 Stat. 1155

    Substituted · 21 U.S.C. § 1708(f)(1)

    Pub. L. 116–74, § 2(a)(8)(C), substituted “subsection” for “chapter”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 116–74, § 2(a)(8)(C), substituted “subsection” for “chapter”.

    Enacted provision · exact public law section
    (C) in subsection (f)(1), by striking “subtitle” and inserting “subsection”.

14 of 15 references resolved to an enrolled provision · 1 partial