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Title 21 — Food and Drugs

Chapter 22 — National Drug Control Policy

§ 1714. Awards for demonstration programs by local partnerships to coerce abstinence in chronic hard-drug users under community supervision through the use of drug testing and sanctions

Statutory text

(a)

Awards required

The Director shall make competitive awards to fund demonstration programs by eligible partnerships for the purpose of reducing the use of illicit drugs by chronic hard-drug users living in the community while under the supervision of the criminal justice system.

(b)

Use of award amounts

Award amounts received under this section shall be used—

(1)

to support the efforts of the agencies, organizations, and researchers included in the eligible partnership;

(2)

to develop and field a drug testing and graduated sanctions program for chronic hard-drug users living in the community under criminal justice supervision; and

(3)

to assist individuals described in subsection (a) by strengthening rehabilitation efforts through such means as job training, drug treatment, or other services.

(c)

Eligible partnership defined

In this section, the term “eligible partnership” means a working group whose application to the Director—

(1)

identifies the roles played, and certifies the involvement of, two or more agencies or organizations, which may include—

(A)

State, local, or tribal agencies (such as those carrying out police, probation, prosecution, courts, corrections, parole, or treatment functions);

(B)

Federal agencies (such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney offices); and

(C)

community-based organizations;

(2)

includes a qualified researcher;

(3)

includes a plan for using judicial or other criminal justice authority to administer drug tests to individuals described in subsection (a) at least twice a week, and to swiftly and certainly impose a known set of graduated sanctions for non-compliance with community-release provisions relating to drug abstinence (whether imposed as a pre-trial, probation, or parole condition or otherwise);

(4)

includes a strategy for responding to a range of substance use and abuse problems and a range of criminal histories;

(5)

includes a plan for integrating data infrastructure among the agencies and organizations included in the eligible partnership to enable seamless, real-time tracking of individuals described in subsection (a);

(6)

includes a plan to monitor and measure the progress toward reducing the percentage of the population of individuals described in subsection (a) who, upon being summoned for a drug test, either fail to show up or who test positive for drugs.

(d)

Reports to Congress

(1)

Interim report

Not later than , the Director shall submit to Congress a report that identifies the best practices in reducing the use of illicit drugs by chronic hard-drug users, including the best practices identified through the activities funded under this section.

(2)

Final report

Not later than , the Director shall submit to Congress a report on the demonstration programs funded under this section, including on the matters specified in paragraph (1).

(e)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $4,900,000 for each of fiscal years 2007 through 2009.

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. Pub. L. 105–277 div. C title VII § 716 · 112 Stat. 2681

    Enacted · 21 U.S.C. § 1714

    Pub. L. 105–277, div. C, title VII, § 716, as added Pub. L. 109–469, title XI, § 1119, Dec. 29, 2006, 120 Stat. 3547

    Source evidence

    Code source credit
    Pub. L. 105–277, div. C, title VII, § 716, as added Pub. L. 109–469, title XI, § 1119, Dec. 29, 2006, 120 Stat. 3547

    Enacted provision · exact public law section
    Sec. 716. Notwithstanding the Federal Grant and Cooperative Agreement Act, the Natural Resources Conservation Service may enter into contracts, grants, or cooperative agreements with a State agency or subdivision, or a public or private organization, for the acquisition of goods or services, including personal services, to carry out natural resources conservation activities: Provided, That Commodity Credit Corporation funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998.

  2. Office of National Drug Control Policy Reauthorization Act of 2006

    Pub. L. 109–469 title XI § 1119 · 120 Stat. 3502

    Repealed · 21 U.S.C. § 1714

    Pub. L. 109–469 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 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. 1119. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER COMMUNITY SUPERVISION THROUGH THE USE OF DRUG TESTING AND SANCTIONS.   At the end of the Act, insert the following: “SEC. 716. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER COMMUNITY SUPERVISION THROUGH THE USE OF DRUG TESTING AND SANCTIONS. “(a) Awards Required.— The Director shall make competitive awards to fund demonstration programs by eligible partnerships for the purpose of reducing the use of illicit drugs by chronic hard-drug users living in the community while under the supervision of the criminal justice system. “(b) Use of Award Amounts.— Award amounts received under this section shall be used— “(1) to support the efforts of the agencies, organizations, and researchers included in the eligible partnership; “(2) to develop and field a drug testing and graduated sanctions program for chronic hard-drug users living in the community under criminal justice supervision; and “(3) to assist individuals described in subsection (a) by strengthening rehabilitation efforts through such means as job training, drug treatment, or other services. “(c) Eligible Partnership Defined.— In this section, the term ‘eligible partnership’ means a working group whose application to the Director— “(1) identifies the roles played, and certifies the involvement of, two or more agencies or organizations, which may include— “(A) State, local, or tribal agencies (such as those carrying out police, probation, prosecution, courts, corrections, parole, or treatment functions); “(B) Federal agencies (such as the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney offices); and “(C) community-based organizations; “(2) includes a qualified researcher; “(3) includes a plan for using judicial or other criminal justice authority to administer drug tests to individuals described in subsection (a) at least twice a week, and to swiftly and certainly impose a known set of graduated sanctions for non-compliance with community-release provisions relating to drug abstinence (whether imposed as a pre-trial, probation, or parole condition or otherwise); “(4) includes a strategy for responding to a range of substance use and abuse problems and a range of criminal histories; “(5) includes a plan for integrating data infrastructure among the agencies and organizations included in the eligible partnership to enable seamless, real-time tracking of individuals described in subsection (a); “(6) includes a plan to monitor and measure the progress toward reducing the percentage of the population of individuals described in subsection (a) who, upon being summoned for a drug test, either fail to show up or who test positive for drugs. “(d) Reports to Congress.— “(1) Interim report.— Not later than June 1, 2009, the Director shall submit to Congress a report that identifies the best practices in reducing the use of illicit drugs by chronic hard-drug users, including the best practices identified through the activities funded under this section. “(2) Final report.— Not later than June 1, 2010, the Director shall submit to Congress a report on the demonstration programs funded under this section, including on the matters specified in paragraph (1). “(e) Authorization of Appropriations.— There is authorized to be appropriated to carry out this section $4,900,000 for each of fiscal years 2007 through 2009.” .

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

    Repealed · 21 U.S.C. § 1714

    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.

  4. Substance Abuse Prevention Act of 2018

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

    Repealed · 21 U.S.C. § 1714

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

    Source evidence

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

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

  5. Substance Abuse Prevention Act of 2018

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

    Amended · 21 U.S.C. § 1714

    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).

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments1998–2018 · 3 rounds

2018

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

Pub. L. 115–271, § 8202(a), revived and restored this section as in effect on , 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.

2006

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

1998

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

Credits

1998–2018 · 4 acts
  1. 2006Pub. L. 105–277, div. C, title VII, § 716, as added Pub. L. 109–469, title XI, § 1119, , 120 Stat. 3547
  2. 1998amended Pub. L. 105–277, div. C. title VII, § 715, , 112 Stat. 2681–693
  3. 2006Pub. L. 109–469, title VI, § 602, , 120 Stat. 3533
  4. 2018Pub. L. 115–271, title VIII, § 8202(a), (b)(2), , 132 Stat. 4110.
Show as published

(Pub. L. 105–277, div. C, title VII, § 716, as added Pub. L. 109–469, title XI, § 1119, , 120 Stat. 3547; amended Pub. L. 105–277, div. C. title VII, § 715, , 112 Stat. 2681–693; Pub. L. 109–469, title VI, § 602, , 120 Stat. 3533; Pub. L. 115–271, title VIII, § 8202(a), (b)(2), , 132 Stat. 4110.)

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