21 U.S.C. § 1703
There shall be at the head of the Office a Director who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5.
The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President.
There shall be a Deputy Director who shall report directly to the Director, and who shall be appointed by the President, and shall serve at the pleasure of the President.
The following coordinators shall be appointed by the Director:
The Director shall designate or appoint a United States Demand Reduction Coordinator to be responsible for the activities described in section 1701(3) of this title. For purposes of carrying out the previous sentence, the Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent).
The Deputy Director of National Drug Control Policy shall-
If the Director dies, resigns, or is otherwise unable to perform the functions and duties of the office, the Deputy Director shall perform the functions and duties of the Director temporarily in an acting capacity pursuant to subchapter III of chapter 33 of title 5.
No person shall serve as Director or a Deputy Director while serving in any other position in the Federal Government.
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 officer or employee is not prohibited by this paragraph from making contributions to individual candidates.
No funds authorized under this chapter may be obligated for the purpose of expressly advocating the passage or defeat of a State or local ballot initiative.
The Director-
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.
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.
A drug control budget request submitted by a department, agency, or program under this paragraph shall include all requests for funds for any drug control activity undertaken by that department, agency, or program, including demand reduction, supply reduction, and State, local, and tribal affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug control purposes or applications, the department, agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate.
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 and the head of each major national organization that represents law enforcement officers, agencies, or associations-
The Director shall review each drug control budget request submitted to the Director under paragraph (1).
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.
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.
The Director shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
The Director shall not confirm the adequacy of any budget request that requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including-
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.
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-
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 and the appropriate congressional committees, at the time the budget for that agency is submitted to Congress under section 1105(a) of title 31.
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.
The Director shall-
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 or 10 percent of a specific program or account that is included in the National Drug Control Program budget unless the request has been approved by the Director. If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress.
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.
The Director shall designate or appoint a United States Performance-Budget Coordinator to-
For purposes of carrying out subparagraph (A), the Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent).
Whenever the Director submits any budget estimate or request to the President or the Office of Management and Budget, the Director shall concurrently transmit to the appropriate congressional committees a detailed statement of the budgetary needs of the Office to execute its mission based on the good-faith assessment of the Director.
In carrying out subsection (b), the Director may-
Notwithstanding any provision of chapter 43 of title 5, 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.
Subject to the availability of appropriations, the Director may provide periodic bonus payments to any employee detailed to the Office.
An amount paid under this paragraph to an employee for any period-
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.
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 fund control notice may direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated by-
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.
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.
A copy of each fund control notice shall be transmitted to the appropriate congressional committees.
The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner contrary, in whole or in part, to a specific appropriation or statute.
The provisions of this section shall not apply to the National Intelligence Program, the Joint Military Intelligence Program, and Tactical and Related Activities, unless such program or an element of such program is designated as a National Drug Control Program-
Nothing in this chapter shall be construed as derogating the authorities and responsibilities of the Director of National Intelligence or the Director of the Central Intelligence Agency contained in the National Security Act of 1947 [50 U.S.C. 3001 et seq.], the Central Intelligence Agency Act of 1949 [50 U.S.C. 3501 et seq.], or any other law.
The Director shall provide for or shall enter into an agreement with a nonprofit organization to-
There is authorized to be appropriated to carry out this subsection $1,250,000 for each of fiscal years 2018 through 2023.
The Director shall designate or appoint a United States State, Local, and Tribal Affairs Coordinator to perform the duties of the Office outlined in this section and section 1705 of this title and such other duties as may be determined by the Director with respect to coordination of drug control efforts between agencies and State, local, and Tribal governments. For purposes of carrying out the previous sentence, the Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent).
When developing the national drug control policy, any policy of the Director, including policies relating to syringe exchange programs for intravenous drug users, shall be based on the best available medical and scientific evidence regarding the effectiveness of such policy in promoting individual health and preventing the spread of infectious disease and the impact of such policy on drug addiction and use. In making any policy relating to harm reduction programs, the Director shall consult with the National Institutes of Health and the National Academy of Sciences.
1See References in Text note below.
2Probably should be "1705(h)".
21 U.S.C. § 1703
EDITORIAL NOTES
REFERENCES IN TEXTSection 1705 of this title, referred to in subsec. (b)(2), (14)(B), was amended by Pub. L. 115-271, title VIII, §8221(a), Oct. 24, 2018, 132 Stat. 4134. Subsec. (b) of section 1705 no longer relates to reports for National Drug Control Program Agencies, but similar provisions can be found elsewhere in that section. Subsec. (c) of section 1705 was redesignated (h).This chapter, referred to in subsec. (b)(21)(A)(iii), was in the original a reference to "this title", meaning title VII of Pub. L. 105-277, 112 Stat. 2681-670, which is classified principally to this chapter. For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables.The General Schedule, referred to in subsecs. (c)(5)(B) and (j), is set out under section 5332 of Title 5, Government Organization and Employees. Levels III and IV of the Executive Schedule, referred to in subsecs. (d)(4) and (e)(2)(C), are set out in sections 5314 and 5315, respectively, of Title 5, Government Organization and Employees.This chapter, referred to in subsec. (h), was in the original "this Act" and was translated as reading "this title", meaning title VII of Pub. L. 105-277, 112 Stat. 2681-670, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables.The National Security Act of 1947, referred to in subsec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables. The Central Intelligence Agency Act of 1949, referred to in subsec. (h), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 46 (§3501 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
CODIFICATION In subsec. (b)(8)(A), "chapter 11 of title 31" substituted for "the Budget and Accounting Act of 1921" on authority of Pub. L. 97-258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
AMENDMENTS2019- Pub. L. 116-74, §2(a)(2), substituted "National Drug Control Program agencies" for "National Drug Control Program Agencies" wherever appearing. Subsec. (a)(1)(C)(i). Pub. L. 116-74, §2(a)(5)(A)(i)(I), substituted "subsection (c)(5)" for "subsection (c)(4)". Subsec. (a)(1)(C)(iv). Pub. L. 116-74, §2(a)(5)(A)(i)(II), made technical amendment to reference in original act which appears in text as reference to subsection (j).Subsec. (a)(1)(D). Pub. L. 116-74, §2(a)(5)(A)(ii), substituted "For purposes of carrying out the previous sentence, the Director shall designate or appoint an" for "The Director shall determine whether the coordinator position is a noncareer" and "or an appointee" for "or a career appointee". Subsec. (b)(21)(A)(iii). Pub. L. 116-74, §2(a)(5)(B), made technical amendment to reference in original act which appears in text as reference to this chapter.Subsec. (c)(2)(A)(ii). Pub. L. 116-74, §2(a)(5)(C)(i), substituted "of" for "fo".Subsec. (c)(3)(E)(ii)(I). Pub. L. 116-74, §2(a)(5)(C)(ii)(I), substituted "clause (i)" for "subparagraph (A)".Subsec. (c)(3)(E)(ii)(II). Pub. L. 116-74, §2(a)(5)(C)(ii)(II), substituted "subclause (I)" for "clause (i)".Subsec. (c)(5)(A)(i). Pub. L. 116-74, §2(a)(1), substituted "National Drug Control Program agency" for "National Drug Control Program Agency" in two places.Subsec. (c)(5)(B). Pub. L. 116-74, §2(a)(5)(C)(iii), substituted "For purposes of carrying out subparagraph (A), the Director shall designate or appoint an" for 'The Director shall determine whether the coordinator position is a noncareer". Subsec. (d)(8)(F). Pub. L. 116-74, §2(a)(5)(D)(i), redesignated subpar. (E)(iii) as subpar. (F), redesignated subcls. (I) to (V) of former subpar. (E)(iii) as cls. (i) to (v) of subpar. (F), respectively, realigned margins, and substituted "activities;" for "activities." in cl. (v). Subsec. (d)(9). Pub. L. 116-74, §2(a)(5)(D)(ii), made technical amendment to reference in original act which appears in text as reference to subsection (f)(5), and inserted "and" at end.Subsec. (j). Pub. L. 116-74, §2(a)(5)(E), substituted "For purposes of carrying out the previous sentence, the Director shall designate or appoint an" for "The Director shall determine whether the coordinator position is a noncareer" and "or an appointee" for "or a career appointee", and inserted "section" before "1705".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 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.Subsec. (a)(1). Pub. L. 115-271, §8217(c)(1), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which related to appointment of Director, Deputy Directors, and Deputy Director for Demand Reduction, respectively. Subsec. (a)(5). Pub. L. 115-271, §8217(c)(2), substituted "such officer or employee" for "such official".Subsec. (a)(6). Pub. L. 115-271, §8217(c)(3), added par. (6).Subsec. (b)(13). Pub. L. 115-271, §8221(b)(1)(A), struck out par. (13) which required each National Drug Control Program agency to submit annual progress reports.Subsec. (b)(14)(A). Pub. L. 115-271, §8221(b)(1)(B), substituted "section 1705(g)(2) of this title" for "paragraph (13)". Subsec. (b)(17). Pub. L. 115-271, §8221(b)(1)(A), struck out par. (17) which read as follows: "shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of the National Drug Control Strategy;".Subsec. (b)(21). Pub. L. 115-271, §8217(d), added par. (21).Subsec. (c)(2)(A). Pub. L. 115-271, §8217(e)(1)(A), substituted "paragraph (1)(C) and include-" for "paragraph (1)(C);" and added cls. (i) and (ii).Subsec. (c)(2)(B). Pub. L. 115-271, §8217(e)(1)(B), substituted "the President and Congress." for "the President; and".Subsec. (c)(2)(C). Pub. L. 115-271, §8217(e)(1)(C), struck out subpar. (C) which read as follows: "after submission under subparagraph (B), submit the consolidated budget proposal to Congress."Subsec. (c)(3)(C). Pub. L. 115-271, §8222(2)(A)(i)(I), inserted "requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including" after "request that" in introductory provisions. Subsec. (c)(3)(C)(iii). Pub. L. 115-271, §8222(2)(A)(i)(II), substituted "substance use disorder prevention and treatment" for "drug treatment" and ";and" for semicolon at end.Subsec. (c)(3)(C)(iv), (v). Pub. L. 115-271, §8222(2)(A)(i)(III)-(V), redesignated cl. (v) as (iv), substituted period for semicolon at end, and struck out former cl. (iv) which read as follows: "requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear anti-drug message or purpose intended to reduce drug use;".Subsec. (c)(3)(C)(vi), (vii). Pub. L. 115-271, §8222(2)(A)(i)(III), struck out cls. (vi) and (vii) which read as follows:"(vi) requests funding for fiscal year 2007 for activities of the Department of Education, unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 1091(r)(1) of title 20 by reason of a conviction for a drug-related offense not occurring during a period of enrollment for which the individual was receiving any Federal grant, loan, or work assistance; and"(vii) requests funding for the operations and management of the Department of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 458 of title 6."Subsec. (c)(3)(E)(ii). Pub. L. 115-271, §8217(e)(2), added cl. (ii) and struck out former cl. (ii) which related to certification by Director of National Drug Control Program agency budget submissions. Subsec. (c)(4)(A). Pub. L. 115-271, §8222(2)(A)(ii), substituted "$5,000,000 or 10 percent of a specific program or account" for "$1,000,000".Subsec. (c)(5), (6). Pub. L. 115-271, §8217(e)(3), added pars. (5) and (6).Subsec. (d)(8)(D). Pub. L. 115-271, §8217(f)(1)(A), struck out "and" at end. Subsec. (d)(8)(E)(i). Pub. L. 115-271, §8217(f)(1)(B)(i), substituted "the appropriate congressional committees" for "Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office," and struck out "or agencies" after "affected agency".Subsec. (d)(8)(E)(ii). Pub. L. 115-271, §8217(f)(1)(B)(ii), substituted "the appropriate congressional committees" for "Congress" and inserted "and" at end. Subsec. (d)(8)(E)(iii). Pub. L. 115-271, §8217(f)(1)(B)(iii), added cl. (iii). Subsec. (e)(2)(A). Pub. L. 115-271, §8217(f)(2), substituted "Subject to the availability of appropriations" for "Notwithstanding any other provision of law".Subsec. (f)(4). Pub. L. 115-271, §8217(2)(B)(ii), which directed the amendment of subsec. (f) by striking "the second paragraph (4)", was executed by striking the par. (4) added by Pub. L. 109-469, §105(f), to reflect the probable intent of Congress. Text read as follows: "A copy of each fund control notice shall be transmitted to the appropriate congressional committees." Subsec. (f)(5). Pub. L. 115-271, §8217(2)(B)(i), which directed the amendment of subsec. (f) by striking "the first paragraph (5)", was executed by striking the par. (5) added by Pub. L. 109-469, §103(e), to reflect the probable intent of Congress. Text read as follows: "The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control Program agency account be obligated, modified, or altered in any manner-"(A) contrary, in whole or in part, to a specific appropriation; or"(B) contrary, in whole or in part, to the expressed intent of Congress." Subsecs. (i) to (k). Pub. L. 115-271, §8217(f)(3), added subsecs. (i) to (k).2012-Subsec. (a)(1). Pub. L. 112-166 amended par. (1) generally. Prior to amendment, text read as follows: "The Director, the Deputy Director of National Drug Control Policy, the Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs, shall each be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President. In appointing the Deputy Director for Demand Reduction under this paragraph, the President shall take into consideration the scientific, educational or professional background of the individual, and whether the individual has experience in the fields of substance abuse prevention, education, or treatment."2006- Pub. L. 109-469, §602, amended Pub. L. 105-277, §715, which provided for the repeal of this section. See 1998 Amendment note below. Subsec. (a)(3). Pub. L. 109-469, §103(a), amended par. (3) generally. Prior to amendment, text read as follows: "In the absence of the Deputy Director, or if the Office of the Deputy Director is vacant, the Director shall designate such other permanent employee of the Office to serve as the Director, if the Director is absent or unable to serve." Subsec. (b)(4). Pub. L. 109-469, §103(b)(1), substituted "National Drug Control Program agencies" for "Federal departments and agencies engaged in drug enforcement". Subsec. (b)(7). Pub. L. 109-469, §103(b)(2), inserted "and the appropriate congressional committees" after "President". Subsec. (b)(13). Pub. L. 109-469, §103(b)(3), struck out "(beginning in 1999)" after "basis" in introductory provisions.Subsec. (b)(14). Pub. L. 109-469, §103(b)(4), added par. (14) and struck out former par. (14) which read as follows: "shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of-"(A) each of the evaluations received by the Director under paragraph (13); and "(B) the progress of each National Drug Control Program agency toward the drug control program goals of the agency using the performance measures for the agency developed under section 1705(c) of this title; and". Subsec. (b)(15)(C). Pub. L. 109-469, §103(b)(5), added subpar. (C) and struck out former subpar. (C) which read as follows: "developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction."Subsec. (b)(16) to (20). Pub. L. 109-469, §103(b)(6), added pars. (16) to (20).Subsec. (c)(1)(C). Pub. L. 109-469, §105(a), added subpar. (C). Subsec. (c)(2). Pub. L. 109-469, §105(b)(1), inserted "and the head of each major national organization that represents law enforcement officers, agencies, or associations" after "agency" in introductory provisions. Subsec. (c)(2)(A). Pub. L. 109-469, §105(b)(2), inserted "and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction, State, local, and tribal affairs, including any drug law enforcement, and other drug control activities by the Federal Government, which shall conform to the content requirements set forth in paragraph (1)(C)" before semicolon at end.Subsec. (c)(3)(C). Pub. L. 109-469, §105(c)(2), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (c)(3)(C)(iii). Pub. L. 109-469, §103(c)(1), inserted "and the appropriate congressional committees," after "House of Representatives".Subsec. (c)(3)(D). Pub. L. 109-469, §105(c)(1), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).Subsec. (c)(3)(D)(ii)(II)(bb). Pub. L. 109-469, §103(c)(2), inserted "and the appropriate congressional committees," after "House of Representatives".Subsec. (c)(3)(D)(iii). Pub. L. 109-469, §105(c)(3), which directed amendment of cl. (iii) by inserting "and the appropriate congressional committees," after "House of Representatives", was not executed in view of the identical amendment made by Pub. L. 109-469, §103(c)(1) to subpar. (C)(iii) prior to its redesignation as (D)(iii). See above.Subsec. (c)(3)(E). Pub. L. 109-469, §105(c)(1), redesignated subpar. (D) as (E). Subsec. (c)(3)(E)(ii)(II)(bb). Pub. L. 109-469, §105(c)(4), which directed amendment of item (bb) by inserting "and the appropriate congressional committees," after "House of Representatives", was not executed in view of the identical amendment made by Pub. L. 109-469, §103(c)(2) to subpar. (D)(ii)(II)(bb) prior to its redesignation as (E)(ii)(II)(bb). See above.Subsec. (c)(4)(A). Pub. L. 109-469, §105(d), substituted "$1,000,000" for "$5,000,000" and inserted at end "If the Director has not responded to a request for reprogramming subject to this subparagraph within 30 days after receiving notice of the request having been made, the request shall be deemed approved by the Director under this subparagraph and forwarded to Congress." Subsec. (d)(8)(D). Pub. L. 109-469, §105(e)(1), substituted "authorized by law;" for "have been authorized by Congress;". Subsec. (d)(9). Pub. L. 109-469, §105(e)(2), which directed the substitution of "Strategy and notify the appropriate congressional committees of any fund control notice issued; and" for "Strategy; and", could not be executed because the words "Strategy; and" did not appear subsequent to amendment by Pub. L. 109-469, §103(d)(1). See below. Pub. L. 109-469, §103(d)(1), substituted "Strategy and notify the appropriate congressional committees of any fund control notice issued in accordance with subsection (f)(5);" for "Strategy; and".Subsec. (d)(10). Pub. L. 109-469, §§103(d)(2) and 105, made identical amendments, inserting "and section 2291j-1 of title 22" before period at end. Subsec. (f)(4), (5). Pub. L. 109-469, §105(f), added pars. (4) and (5) set out second. Pub. L. 109-469, §103(e), added pars. (4) and (5) set out first.Subsec. (g). Pub. L. 109-469, §103(f)(3)(A), amended subsec. (g) generally. Prior to amendment, text read as follows: "The provisions of this section shall not apply to the National Foreign Intelligence Program, the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless the agency that carries out such program is designated as a National Drug Control Program agency by the President or jointly by the Director and the head of the agency." Subsec. (h). Pub. L. 109-469, §103(f)(3)(B), amended subsec. (h) generally. Prior to amendment, text read as follows: "Nothing in this chapter shall be construed as derogating the authorities and responsibilities of the Director of Central Intelligence contained in sections 403-4 and 414 of title 50 or any other law."1998- 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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112-166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112-166 set out as a note under section 113 of Title 6, Domestic Security.
REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT EFFORTS Pub. L. 105-277, div. D, title II, §221, Oct. 21, 1998, 112 Stat. 2681-758, expressed sense of Congress that efforts of the Federal Government to reduce demand for illegal drugs in United States are frustrated by fragmentation of those efforts across multiple departments and agencies, and improvement of those efforts can best be achieved through consolidation and coordination, and further provided that not later than 18 months after Oct. 21, 1998, Director of the Office of National Drug Control Policy was to prepare and submit to Congress a report evaluating options for increasing efficacy of drug prevention and treatment programs, including a thorough review of activities and potential consolidation of existing Federal drug information clearinghouses.
EXECUTIVE DOCUMENTS
EX. ORD. NO. 12880. NATIONAL DRUG CONTROL PROGRAMEx. Ord. No. 12880, Nov. 16, 1993, 58 F.R. 60989, as amended by Ex. Ord. No. 13008, June 3, 1996, 61 F.R. 28721, provided: The Office of National Drug Control Policy has the lead responsibility within the Executive Office of the President to establish policies, priorities, and objectives for the Nation's drug control program, with the goal of reducing the production, availability, and use of illegal drugs. All lawful and reasonable means must be used to ensure that the United States has a comprehensive and effective National Drug Control Strategy. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Narcotics Leadership Act of 1988, as amended (former 21 U.S.C. 1501 et seq.), and in order to provide for the effective management of the drug abuse policies of the United States, it is hereby ordered as follows: SECTION 1. GENERAL PROVISIONS. (a) Because the United States considers the operations of international criminal narcotics syndicates as a national security threat requiring an extraordinary and coordinated response by civilian and military agencies involved in national security, the Director of the Office of National Drug Control Policy (Director), in his role as the principal adviser to the National Security Council on national drug control policy (50 U.S.C. 402(f)) [now 50 U.S.C. 3021(f)], shall provide drug policy guidance and direction in the development of related national security programs. (b) The Director shall provide oversight and direction for all international counternarcotics policy development and implementation, in coordination with other concerned Cabinet members, as appropriate. (c) An Interagency Working Group (IWG) on international counternarcotics policy, chaired by the Office of National Drug Control Policy, shall develop and ensure coordinated implementation of an international counternarcotics policy. The IWG shall report its activities and differences of views among agencies to the Director for review, mediation, and resolution with concerned Cabinet members, and if necessary, by the President. (d) A coordinator for drug interdiction shall be designated by the Director to ensure that assets dedicated by Federal drug program agencies for interdiction are sufficient and that their use is properly integrated and optimized. The coordinator shall ensure that interdiction efforts and priorities are consistent with overall U.S. international counternarcotics policy.(e) The Director shall examine the number and structure of command/control and drug intelligence centers operated by drug control program agencies involved in international counter-narcotics and suggest improvements to the current structure for consideration by the President and concerned members of the Cabinet.(f) The Director, utilizing the services of the Drugs and Crime Data Center and Department of Justice Clearinghouse, shall assist in coordinating and enhancing the dissemination of statistics and studies relating to anti-drug abuse policy.(g) The Director shall provide advice to agencies regarding ways to achieve efficiencies in spending and improvements to interagency cooperation that could enhance the delivery of drug control treatment and prevention services to the public. The Director may request agencies to provide studies, information, and analyses in support of this order.SEC. 2. GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT TO THE NATIONAL DRUG CONTROL PROGRAM. (a) Budget Matters. (1) In addition to the budgetary authorities and responsibilities provided to the Director by statute, [former] 21 U.S.C. 1502, for those agency budget requests that are not certified as adequate to implement the objectives of the National Drug Control Strategy, the Director shall include in such certifications initiatives or funding levels that would make such requests adequate. (2) The Director shall provide, by July 1 of each year, budget recommendations to the heads of departments and agencies with responsibilities under the National Drug Control Program. The recommendations shall apply to the second following fiscal year and address funding priorities developed in the annual National Drug Control Strategy.(b) Measurement of National Drug Control Strategy Outcomes. (1) The National Drug Control Strategy shall include long-range goals for reducing drug use and the consequences of drug use in the United States, including burdens on hospital emergency rooms, drug use among arrestees, the extent of drug-related crime, high school dropout rates, the number of infants exposed annually to illicit drugs in utero, national drug abuse treatment capacity, and the annual national health care costs of drug use.(2) The National Drug Control Strategy shall also include an assessment of the quality of techniques and instruments to measure current drug use and supply and demand reduction activities, and the adequacy of the coverage of existing national drug use instruments and techniques to measure the total illicit drug user population and groups at-risk for drug use.(3) The Director shall coordinate an effort among the relevant drug control program agencies to assess the quality, access, management, effectiveness, and standards of accountability of drug abuse treatment, prevention, education, and other demand reduction activities.(c) Provision of Reports. To the extent permitted by law, heads of departments and agencies with responsibilities under the National Drug Control Program shall make available to the Office of National Drug Control Policy, appropriate statistics, studies, and reports, pertaining to Federal drug abuse control.William J. Clinton.
- Director
- The term "Director" means the Director of National Drug Control Policy.
- National Drug Control Program agency
- The term "National Drug Control Program agency" means any agency (or bureau, office, independent agency, board, division, commission, subdivision, unit, or other component thereof) 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 Intelligence Program or the Joint Military Intelligence Program.
- 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, including any activities involving supply reduction, demand reduction, or State, local, and tribal1 affairs.
- Office
- The term "Office" means the Office of National Drug Control Policy established under section 1702(a) of this title.
- State, local, and Tribal affairs
- The term "State, local, and Tribal affairs" means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of illegal drugs, including-(A) coordination and enhancement of Federal, State, local, and Tribal law enforcement drug control efforts;(B) coordination and enhancement of efforts among National Drug Control Program agencies and State, local, and Tribal demand reduction and supply reduction agencies;(C) coordination and enhancement of Federal, State, local, and Tribal law enforcement initiatives to gather, analyze, and disseminate information and law enforcement intelligence relating to drug control among domestic law enforcement agencies; and(D) other coordinated and joint initiatives among Federal, State, local, and Tribal agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs.
- 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 or prevent the use of drugs or support, expand, or provide treatment and recovery efforts, including-(A) education about the dangers of illicit drug use;(B) services, programs, or strategies to prevent substance use disorder, including evidence-based education campaigns, community-based prevention programs, collection and disposal of unused prescription drugs, and services to at-risk populations to prevent or delay initial use of an illicit drug;(C) substance use disorder treatment;(D) support for long-term recovery from substance use disorders;(E) drug-free workplace programs;(F) drug testing, including the testing of employees;(G) interventions for illicit drug use and dependence;(H) expanding availability of access to health care services for the treatment of substance use disorders;(I) international drug control coordination and cooperation with respect to activities described in this paragraph;(J) pre- and post-arrest criminal justice interventions such as diversion programs, drug courts, and the provision of evidence-based treatment to individuals with substance use disorders who are arrested or under some form of criminal justice supervision, including medication assisted treatment;(K) other coordinated and joint initiatives among Federal, State, local, and Tribal agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs;(L) international illicit drug use education, prevention, treatment, recovery, research, rehabilitation activities, and interventions for illicit drug use and dependence; and(M) research related to illicit drug use and any of the activities described in this paragraph.
- drug control
- The term "drug control" means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction.
- nonprofit organization
- The term "nonprofit organization" means an organization that is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title.
- supply reduction
- The term "supply reduction" means any activity or program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of illegal drugs in the United States or abroad, including-(A) law enforcement outside the United States;(B) domestic law enforcement;(C) source country programs, including economic development programs primarily intended to reduce the production or trafficking of illicit drugs;(D) activities to control international trafficking in, and availability of, illegal drugs, including-(i) accurate assessment and monitoring of international drug production and interdiction programs and policies; and(ii) coordination and promotion of compliance with international treaties relating to the production, transportation, or interdiction of illegal drugs;(E) activities to conduct and promote international law enforcement programs and policies to reduce the supply of drugs;(F) activities to facilitate and enhance the sharing of domestic and foreign intelligence information among National Drug Control Program agencies, relating to the production and trafficking of drugs in the United States and in foreign countries;(G) activities to prevent the diversion of drugs for their illicit use; and(H) research related to any of the activities described in this paragraph.1So in original. Probably should be "Tribal".