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. 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 Emerging Threats Committee shall-
The Director shall designate one of the members of the Emerging Threats Committee to serve as Chairperson.
The Director shall appoint other members of the Committee, which shall include-
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.
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.
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.
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.
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.
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.
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.
Concurrently with the annual submissions under section 1705(g) of this title, 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.
The Director shall include in the plan required under this subsection-
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.
The Coordinator shall-
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.
Upon designation of an emerging drug threat, the Director shall evaluate whether a media campaign would be appropriate to address that threat.
The Director shall, to the extent feasible and appropriate, conduct a national anti-drug media campaign (referred to in this subsection as the "national media campaign") in accordance with this subsection for the purposes of-
Amounts made available to carry out this subsection for the national media campaign may only be used for the following:
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-
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.
For the planning of the campaign under paragraph (1), the Director may consult with-
In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Director shall-
In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
The Director shall determine the overall purposes and strategy of the national media campaign.
The Director shall approve-
The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in paragraph (1) and shall ensure-
None of the amounts made available under paragraph (2) may be obligated or expended for any of the following:
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.
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.
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.
The Director shall cause to be performed-
The Director shall submit on an annual basis a report to Congress that describes-
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.
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.
21 U.S.C. § 1708
EDITORIAL NOTES
REFERENCES IN TEXTThe General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organization and Employees.
AMENDMENTS2019- Pub. L. 116-74, §2(a)(2), substituted "National Drug Control Program agencies" for "National Drug Control Program Agencies" wherever appearing. Pub. L. 116-74, §2(a)(1), substituted "National Drug Control Program agency" for "National Drug Control Program Agency" wherever appearing.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".Subsec. (d)(3)(F). Pub. L. 116-74, §2(a)(8)(B)(i), substituted "response to" for "response of". Subsec. (d)(4)(B)(iii). Pub. L. 116-74, §2(a)(8)(B)(ii), inserted "the" before "plan, where".Subsec. (f)(1). Pub. L. 116-74, §2(a)(8)(C), substituted "subsection" for "chapter". 2018- Pub. L. 115-271, §8218(a), amended section generally. Prior to amendment, section related to national youth anti-drug media campaign. 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. 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. 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. 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
METHAMPHETAMINE RESPONSE Pub. L. 117-99, 136 Stat. 43, provided that:
"SECTION 1. SHORT TITLE."This Act may be cited as the 'Methamphetamine Response Act of 2021'.
"SEC. 2. DECLARATION OF EMERGING THREAT. "(a) IN GENERAL.-Congress declares methamphetamine an emerging drug threat, as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701), in the United States. "(b) REQUIRED EMERGING THREAT RESPONSE PLAN.-Not later than 90 days after the date of enactment of this Act [Mar. 14, 2022], the Director of the Office of National Drug Control Policy shall establish and implement an Emerging Threat Response Plan that is specific to methamphetamine in accordance with section 709(d) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708(d))."
EXECUTIVE DOCUMENTS
EX. ORD. NO. 12992. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICSEx. Ord. No. 12992, Mar. 15, 1996, 61 F.R. 11287, as amended by Ex. Ord. No. 13023, §§2, 3, Nov. 6, 1996, 61 F.R. 57767; Ex. Ord. No. 13284, §8, Jan. 23, 2003, 68 F.R. 4076, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. Establishment. There is established the President's Drug Policy Council ("Council").SEC. 2. Membership. The Council shall comprise the:(a) President, who shall serve as Chairman of the Council;(b) Vice President; (c) Secretary of State;(d) Secretary of the Treasury; (e) Secretary of Defense;(f) Attorney General;(g) Secretary of the Interior; (h) Secretary of Agriculture;(i) Secretary of Health and Human Services;(j) Secretary of Housing and Urban Development;(k) Secretary of Transportation; (l) Secretary of Education;(m) Secretary of Veterans Affairs;(n) Secretary of Homeland Security;(o) Representative of the United States of America to the United Nations;(p) Director of the Office of Management and Budget;(q) Chief of Staff to the President;(r) Director of National Drug Control Policy;(s) Director of Central Intelligence; (t) Assistant to the President for National Security Affairs;(u) Counsel to the President;(v) Chairman, Joint Chiefs of Staff;(w) National Security Advisor to the Vice President; and(x) Assistant to the President for Domestic Policy.As applicable, the Council shall also comprise such other officials of the departments and agencies as the President may, from time to time, designate.SEC. 3. Meetings of the Council. The President, or upon his direction, the Vice President, may convene meetings of the Council. The President shall preside over meetings of the Council, provided that in his absence, the Vice President will preside. The Council will meet at least quarterly.SEC. 4. Functions. (a) The functions of the Council are to 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 concerning implementation of the President's national drug control strategy.(b) The Director of National Drug Control Policy will continue to be the senior drug control policy official in the executive branch and the President's chief drug control policy spokesman. (c) In matters affecting national security interests, the Director of National Drug Control Policy shall work in conjunction with the Assistant to the President for National Security Affairs.SEC. 5. Administration. (a) The Council may utilize established or ad hoc committees, task forces, or interagency groups chaired by the Director of National Drug Control Policy or his representative, in carrying out its functions under this order.(b) The staff of the Office of National Drug Control Policy, 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.(c) All executive departments and agencies shall cooperate with the Council and provide such assistance, information, and advice as the Council may request, to the extent permitted by law.
EX. ORD. NO. 13023. EXPANDING AND CHANGING NAME OF PRESIDENT'S COUNCIL ON COUNTER-NARCOTICSEx. Ord. No. 13023, Nov. 6, 1996, 61 F.R. 57767, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to change the name of the "President's Council on Counter-Narcotics" to the "President's Drug Policy Council" and to make the Secretaries of the Interior, Agriculture, Health and Human Services, Housing and Urban Development, Education, Veterans Affairs, and the Assistant to the President for Domestic Policy, permanent members of the Council, it is hereby ordered as follows:SECTION 1. The Council established by Executive Order 12992 [set out above] shall henceforth be called the "President's Drug Policy Council."[SECS. 2, 3. Amended Ex. Ord. No. 12992, set out above.]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.
- drug control
- The term "drug control" means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction.
- emerging drug threat
- The term "emerging drug threat" means the occurrence of a new and growing trend in the use of an illicit drug or class of drugs, including rapid expansion in the supply of or demand for such drug.
- substance use disorder treatment
- The term "substance use disorder treatment" means an evidence-based, professionally directed, deliberate, and planned regimen including evaluation, observation, medical monitoring, and rehabilitative services and interventions such as pharmacotherapy, behavioral therapy, and individual and group counseling, on an inpatient or outpatient basis, to help patients with substance use disorder reach recovery.