US (United States) Code. Title 21. Chapter 22: National Drug Control Policy

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Food and drugs

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-CITE-

21 USC CHAPTER 22 - NATIONAL DRUG CONTROL POLICY 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

.

-HEAD-

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-MISC1-

Sec.

1701. Definitions.

1702. Office of National Drug Control Policy.

(a) Establishment of Office.

(b) Director and Deputy Directors.

(c) Access by Congress.

(d) Office of National Drug Control Policy Gift Fund.

1703. Appointment and duties of Director and Deputy Directors.

(a) Appointment.

(b) Responsibilities.

(c) National Drug Control Program budget.

(d) Powers of the Director.

(e) Personnel detailed to Office.

(f) Fund control notices.

(g) Inapplicability to certain programs.

(h) Construction.

1704. Coordination with National Drug Control Program agencies in

demand reduction, supply reduction, and State and local affairs.

(a) Access to information.

(b) Certification of policy changes to Director.

(c) General Services Administration.

(d) Accounting of funds expended.

1705. Development, submission, implementation, and assessment of

National Drug Control Strategy.

(a) Timing, contents, and process for development and

submission of National Drug Control Strategy.

(b) Annual strategy report.

(c) Performance measurement system.

1706. High Intensity Drug Trafficking Areas Program.

(a) Establishment.

(b) Designation.

(c) Factors for consideration.

(d) Use of funds.

1707. Counter-Drug Technology Assessment Center.

(a) Establishment.

(b) Director of Technology.

(c) Additional responsibilities of the Director of

National Drug Control Policy.

(d) Assistance and support to Office of National Drug

control Policy.

1708. President's Council on Counter-Narcotics.

(a) Establishment.

(b) Membership.

(c) Functions.

(d) Administration.

1709. Parents Advisory Council on Youth Drug Abuse.

(a) In general.

(b) Duties of Council.

(c) Expenses.

(d) Authorization of appropriations.

1710. Drug interdiction.

(a) Definition.

(b) Report.

(c) Budget process.

1711. Authorization of appropriations.

1712. Termination of Office of National Drug Control Policy.

(a) In general.

(b) Exception.

1713. Authorization of use of environmentally-approved herbicides

to eliminate illicit narcotics crops.

-CITE-

21 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1701. Definitions

-STATUTE-

In this chapter:

(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 802(6) of this title.

(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

1702(d) of this title.

(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 1705 of this

title.

(9) Office

Unless the context clearly implicates otherwise, the term

''Office'' means the Office of National Drug Control Policy

established under section 1702(a) of this title.

(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.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 702, Oct. 21, 1998, 112

Stat. 2681-670.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

title'', meaning title VII of div. C of Pub. L. 105-277, Oct. 21,

1998, 112 Stat. 2681-670, known as Office of National Drug Control

Policy Reauthorization Act of 1998, which is classified principally

to this chapter. For complete classification of title VII to the

Code, see Short Title note set out below and Tables.

-MISC2-

SHORT TITLE

Pub. L. 105-277, div. C, title VII, Sec. 701, Oct. 21, 1998, 112

Stat. 2681-670, provided that: ''This title (enacting this chapter,

amending section 1509 of this title, sections 5312 to 5314 of Title

5, Government Organization and Employees, section 1105 of Title 31,

Money and Finance, and section 402 of Title 50, War and National

Defense) may be cited as the 'Office of National Drug Control

Policy Reauthorization Act of 1998'.''

-EXEC-

EX. ORD. NO. 13165. WHITE HOUSE TASK FORCE ON DRUG USE IN SPORTS

AND UNITED STATES REPRESENTATIVE ON THE BOARD OF THE WORLD

ANTI-DOPING AGENCY

Ex. Ord. No. 13165, Aug. 9, 2000, 65 F.R. 49469, as amended by

Ex. Ord. No. 13286, Sec. 11, Feb. 28, 2003, 68 F.R. 10622,

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Office

of National Drug Control (Policy) Reauthorization Act of 1998, (21

U.S.C. 1701 et seq.), and in order to develop recommendations for

Federal agency actions to address the use of drugs in sports, in

particular among young people, it is hereby ordered as follows:

Section 1. Policy. The use of drugs in sports has reached a level

that endangers not just the legitimacy of athletic competition but

also the lives and health of athletes - from the elite ranks to

youth leagues. The National Household Survey on Drug Abuse issued

in 1999 found that in just 1 year's time the rate of steroid use

among young people rose roughly 50 percent among both sexes and

across all age groups. It is the policy of my Administration to

take the steps needed to help eliminate illicit or otherwise banned

drug use and doping in sports at the State, national, and

international level.

Sec. 2. Establishment of a White House Task Force on Drug Use in

Sports. (a) There is established a White House Task Force on Drug

Use in Sports (Task Force). The Task Force shall comprise the

co-vice chairs of the White House Olympic Task Force (the ''Olympic

Task Force Vice Chairs''), and representatives designated by the

Office of National Drug Control Policy, the Department of Health

and Human Services, the Department of Labor, the President's

Council on Physical Fitness and Sports, the Office of Management

and Budget, the National Security Council, the Department of State,

the Department of the Treasury, the Department of Education, the

Department of Justice, the Department of Transportation, the

Department of Homeland Security, the National Institute on Drug

Abuse, and the Substance Abuse and Mental Health Services

Administration.

(b) The Task Force shall develop recommendations for the

President on further executive and legislative actions that can be

undertaken to address the problem of doping and drug use in

sports. In developing the recommendations, the Task Force shall

consider, among other things: (i) the health and safety of

America's athletes, in particular our Nation's young people; (ii)

the integrity of honest athletic competition; and (iii) the views

and recommendations of State and local governments, the private

sector, citizens, community groups, and nonprofit organizations, on

actions to address this threat. The Task Force, through its

Chairs, shall submit its recommendations to the President.

(c) The Director of the Office of National Drug Control Policy

(the Director), the Secretary of the Department of Health and Human

Services, and the Olympic Task Force Vice Chairs or their designees

shall serve as the Task Force Chairs.

(d) To the extent permitted by law and at the request of the

Chairs, agencies shall cooperate with and provide information to

the Task Force.

Sec. 3. Participation in the World Anti-Doping Agency. (a) As

part of my Administration's efforts to address the problem of drug

use in sports, the United States has played a leading role in the

formation of a World Anti-Doping Agency (WADA) by the Olympic and

sports community and the nations of the world. Through these

efforts, the United States has been selected to serve as a

governmental representative on the board of the WADA. This order

will authorize the Director to serve as the United States

Government's representative on the WADA board.

(b) Pursuant to 21 U.S.C. 1701 et seq., the Director, or in his

absence his designee, is hereby authorized to take all necessary

and proper actions to execute his responsibilities as United States

representative to the WADA.

(c) To assist the Director in carrying out these responsibilities

as the United States Government representative to the WADA and to

the extent permitted by law, Federal employees may serve in their

official capacity, inter alia, on WADA Committees or WADA advisory

committees, serving as experts to the WADA.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1702 of this title.

-CITE-

21 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1702. Office of National Drug Control Policy

-STATUTE-

(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 chapter.

(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 1701(1) of this title;

(B) a Deputy Director for Supply Reduction, who shall be

responsible for the activities described in subparagraphs (A)

through (C) of section 1701(11) of this title; 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 1701(10) of this title and

subparagraph (D) of section 1701(11) of this title.

(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 1703(c) of this title.

(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.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 703, Oct. 21, 1998, 112

Stat. 2681-672.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-MISC1-

GIFTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY

Pub. L. 107-67, title III, Nov. 12, 2001, 115 Stat. 530, provided

in part: ''That the Office (of National Drug Control Policy) is

authorized to accept, hold, administer, and utilize gifts, both

real and personal, public and private, without fiscal year

limitation, for the purpose of aiding or facilitating the work of

the Office.''

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(3) (title III), Dec. 21, 2000, 114

Stat. 2763, 2763A-139.

Pub. L. 106-58, title III, Sept. 29, 1999, 113 Stat. 447.

Pub. L. 105-277, div. A, Sec. 101(h) (title III), Oct. 21, 1998,

112 Stat. 2681-480, 2681-496.

Pub. L. 105-61, title III, Oct. 10, 1997, 111 Stat. 1293.

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title III), Sept.

30, 1996, 110 Stat. 3009-314, 3009-329.

Pub. L. 104-52, title III, Nov. 19, 1995, 109 Stat. 479.

Pub. L. 103-329, title III, Sept. 30, 1994, 108 Stat. 2394.

Pub. L. 103-123, title III, Oct. 28, 1993, 107 Stat. 1237.

Pub. L. 102-393, title III, Oct. 6, 1992, 106 Stat. 1741.

Pub. L. 102-141, title III, Oct. 28, 1991, 105 Stat. 847.

Pub. L. 101-509, title III, Nov. 5, 1990, 104 Stat. 1402.

Pub. L. 101-136, title III, Nov. 3, 1989, 103 Stat. 793.

-EXEC-

EX. ORD. NO. 12911. SEAL FOR OFFICE OF NATIONAL DRUG CONTROL POLICY

Ex. Ord. No. 12911, Apr. 25, 1994, 59 F.R. 21121 (22121),

provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, it is hereby ordered

as follows:

Section 1. There is approved for the Office of National Drug

Control Policy in the Executive Office of the President an official

seal described as follows:

On a blue disc the Arms of the United States proper above a

curved gold scroll inscribed ''OFFICE OF NATIONAL DRUG CONTROL

POLICY'' in blue letters, all within a white border edged in gold

and inscribed ''EXECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED

STATES'' in blue letters.

This design is appropriate for the Office of National Drug

Control Policy. The dark blue in this seal is suggested by the Seal

of the President and denotes the direct organizational link of the

Office of National Drug Control Policy with the Presidential

office. The Arms of the United States refer to the entire Nation

and represent the involvement in drug control policies that are

necessary to assist the President in his role as Chief Executive of

the United States.

Sec. 2. The seal shall be of the design that is attached hereto

and made a part of this order. William J. Clinton.

t211702.eps

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1703 of this title.

-CITE-

21 USC Sec. 1703 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1703. Appointment and duties of Director and Deputy Directors

-STATUTE-

(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 1705(a) of this title and each report under section

1705(b) of this title in accordance with section 1705 of this

title;

(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 chapter 11 of title 31, 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

812 of this title 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 812 of this title; 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 1705(c) of this title, 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

1705(c) of this title; 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.

(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.

(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) of

this section.

(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) of this section, 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 chapter;

(2) subject to subsection (e)(3) of this section, 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, 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;

(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 1702(d) of this title;

(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

(FOOTNOTE 1) have been authorized by Congress; and

(FOOTNOTE 1) So in original. Probably should be ''activities

that''.

(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 describing the

effect of all transfers of funds made pursuant to this

paragraph or subsection (c)(4) of this section 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) of this section

to ensure compliance with the National Drug Control Program

Strategy; and

(10) participate in the drug certification process pursuant to

section 2291j of title 22.

(e) Personnel detailed to Office

(1) Evaluations

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.

(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) of this section 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 chapter shall be construed as derogating the

authorities and responsibilities of the Director of Central

Intelligence contained in sections 403-4 and 414 of title 50 or any

other law.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 704, Oct. 21, 1998, 112

Stat. 2681-672.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-REFTEXT-

REFERENCES IN TEXT

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, div. C, Oct. 21, 1998, 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.

-COD-

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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC3-

REPORT ON STREAMLINING FEDERAL PREVENTION AND TREATMENT EFFORTS

Pub. L. 105-277, div. D, title II, Sec. 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.

-EXEC-

EX. ORD. NO. 12880. NATIONAL DRUG CONTROL PROGRAM

Ex. 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)), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1705, 1706, 1707,

1710 of this title.

-CITE-

21 USC Sec. 1704 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1704. Coordination with National Drug Control Program agencies

in demand reduction, supply reduction, and State and local

affairs

-STATUTE-

(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 chapter 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 of Central Intelligence shall prescribe

such regulations as may be necessary to protect information

provided pursuant to this chapter 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 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 (FOOTNOTE 1) a reimbursable basis, such administrative

support services as the Director may request.

(FOOTNOTE 1) So in original. Probably should be ''on''.

(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).

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 705, Oct. 21, 1998, 112

Stat. 2681-680.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in subsec.

(a)(2)(A), is act July 26, 1947, ch. 343, 61 Stat. 495, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 401 of Title 50, War and

National Defense, and Tables.

-CITE-

21 USC Sec. 1705 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1705. Development, submission, implementation, and assessment

of National Drug Control Strategy

-STATUTE-

(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) of this section,

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) of

this section, 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)

of this section, 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) of this section;

(C) an assessment of the manner in which the budget proposal

submitted under section 1703(c) of this title 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) of this section;

(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) of this section

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) of this section;

(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

chapter;

(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) of this

section.

(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) of this section.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 706, Oct. 21, 1998, 112

Stat. 2681-681.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c)(1)(C), was in the

original ''this Act'' and was translated as reading ''this title'',

meaning title VII of Pub. L. 105-277, div. C, Oct. 21, 1998, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1701, 1703, 1709 of this

title.

-CITE-

21 USC Sec. 1706 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1706. High Intensity Drug Trafficking Areas Program

-STATUTE-

(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 1703 of this

title 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.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 707, Oct. 21, 1998, 112

Stat. 2681-686.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-MISC1-

COMBATING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY DRUG

TRAFFICKING AREAS

Pub. L. 106-310, div. B, title XXXVI, Sec. 3624, Oct. 17, 2000,

114 Stat. 1232, provided that:

''(a) In General. -

''(1) In general. - The Director of National Drug Control

Policy shall use amounts available under this section to combat

the trafficking of methamphetamine and amphetamine in areas

designated by the Director as high intensity drug trafficking

areas.

''(2) Activities. - In meeting the requirement in paragraph

(1), the Director shall transfer funds to appropriate Federal,

State, and local governmental agencies for employing additional

Federal law enforcement personnel, or facilitating the employment

of additional State and local law enforcement personnel,

including agents, investigators, prosecutors, laboratory

technicians, chemists, investigative assistants, and

drug-prevention specialists.

''(b) Authorization of Appropriations. - There is authorized to

be appropriated to carry out this section -

''(1) $15,000,000 for fiscal year 2000; and

''(2) such sums as may be necessary for each of fiscal years

2001 through 2004.

''(c) Apportionment of Funds. -

''(1) Factors in apportionment. - The Director shall apportion

amounts appropriated for a fiscal year pursuant to the

authorization of appropriations in subsection (b) for activities

under subsection (a) among and within areas designated by the

Director as high intensity drug trafficking areas based on the

following factors:

''(A) The number of methamphetamine manufacturing facilities

and amphetamine manufacturing facilities discovered by Federal,

State, or local law enforcement officials in the previous

fiscal year.

''(B) The number of methamphetamine prosecutions and

amphetamine prosecutions in Federal, State, or local courts in

the previous fiscal year.

''(C) The number of methamphetamine arrests and amphetamine

arrests by Federal, State, or local law enforcement officials

in the previous fiscal year.

''(D) The amounts of methamphetamine, amphetamine, or listed

chemicals (as that term is defined in section 102(33) of the

Controlled Substances Act (21 U.S.C. 802(33)) seized by

Federal, State, or local law enforcement officials in the

previous fiscal year.

''(E) Intelligence and predictive data from the Drug

Enforcement Administration and the Department of Health and

Human Services showing patterns and trends in abuse,

trafficking, and transportation in methamphetamine,

amphetamine, and listed chemicals (as that term is so defined).

''(2) Certification. - Before the Director apportions any funds

under this subsection to a high intensity drug trafficking area,

the Director shall certify that the law enforcement entities

responsible for clandestine methamphetamine and amphetamine

laboratory seizures in that area are providing laboratory seizure

data to the national clandestine laboratory database at the El

Paso Intelligence Center.

''(d) Limitation on Administrative Costs. - Not more than 5

percent of the amount appropriated in a fiscal year pursuant to the

authorization of appropriations for that fiscal year in subsection

(b) may be available in that fiscal year for administrative costs

associated with activities under subsection (a).''

FUNDING FOR HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

Pub. L. 106-58, title III, Sept. 29, 1999, 113 Stat. 448,

provided in part: ''That, hereafter, of the amount appropriated for

fiscal year 2000 or any succeeding fiscal year for the High

Intensity Drug Trafficking Areas Program, the funds to be obligated

or expended during such fiscal year for programs addressing the

treatment or prevention of drug use as part of the approved

strategy for a designated High Intensity Drug Trafficking Area

(HIDTA) shall not be less than the funds obligated or expended for

such programs during fiscal year 1999 for each designated HIDTA

without the prior approval of the Committees on Appropriations''.

-CITE-

21 USC Sec. 1707 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1707. Counter-Drug Technology Assessment Center

-STATUTE-

(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 1703 of this title, 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.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 708, Oct. 21, 1998, 112

Stat. 2681-687.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-CITE-

21 USC Sec. 1708 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1708. President's Council on Counter-Narcotics

-STATUTE-

(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.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 709, Oct. 21, 1998, 112

Stat. 2681-688.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-EXEC-

EX. ORD. NO. 12992. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS

Ex. Ord. No. 12992, Mar. 15, 1996, 61 F.R. 11287, as amended by

Ex. Ord. No. 13023, Sec. 2, 3, Nov. 6, 1996, 61 F.R. 57767; Ex.

Ord. No. 13284, Sec. 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-NARCOTICS

Ex. 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.

-CITE-

21 USC Sec. 1709 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1709. Parents Advisory Council on Youth Drug Abuse

-STATUTE-

(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 October 21, 1998.

(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 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 1705(b) of this title.

(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

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 (FOOTNOTE 1) carry out this section.

(FOOTNOTE 1) So in original. Probably should be followed by

''to''.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 710, Oct. 21, 1998, 112

Stat. 2681-689.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-MISC1-

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

21 USC Sec. 1710 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1710. Drug interdiction

-STATUTE-

(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

October 21, 1998, not later than 90 days after October 21, 1998,

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

960(a) of this title 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) of this

section, 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 1703(c)(1) of this title, 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) of

this section.

(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

1703(c)(2) of this title, 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) of this section.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 711, Oct. 21, 1998, 112

Stat. 2681-691.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-CITE-

21 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1711. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

chapter, to remain available until expended, such sums as may be

necessary for each of fiscal years 1999 through 2003.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 714, Oct. 21, 1998, 112

Stat. 2681-693.)

-STATAMEND-

REPEAL OF SECTION

For repeal of section on Sept. 30, 2003, see section 1712 of

this title.

-CITE-

21 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1712. Termination of Office of National Drug Control Policy

-STATUTE-

(a) In general

Except as provided in subsection (b) of this section, effective

on September 30, 2003, this chapter and the amendments made by this

chapter are repealed.

(b) Exception

Subsection (a) of this section does not apply to section 713 or

the amendments made by that section.

-SOURCE-

(Pub. L. 105-277, div. C, title VII, Sec. 715, Oct. 21, 1998, 112

Stat. 2681-693.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this title'', meaning title VII of Pub. L. 105-277, div. C, Oct.

21, 1998, 112 Stat. 2681-670, known as Office of National Drug

Control Policy Reauthorization Act of 1998, 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.

Section 713, referred to in subsec. (b), is section 713 of Pub.

L. 105-277, div. C, title VII, Oct. 21, 1998, 112 Stat. 2681-693,

which amended sections 5312 to 5314 of Title 5, Government

Organization and Employees, section 1105 of Title 31, Money and

Finance, and section 402 of Title 50, War and National Defense.

-CITE-

21 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 21 - FOOD AND DRUGS

CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-

Sec. 1713. Authorization of use of environmentally-approved

herbicides to eliminate illicit narcotics crops

-STATUTE-

The Secretary of State, the Attorney General, the Secretary of

Agriculture, the Secretary of Defense, the Director of the Office

of National Drug Control Policy, and the Administrator of the

Environmental Protection Agency are authorized to support the

development and use of environmentally-approved herbicides to

eliminate illicit narcotics crops, including coca, cannabis, and

opium poppy, both in the United States and in foreign countries.

-SOURCE-

(Pub. L. 105-277, div. C, title VIII, Sec. 834, Oct. 21, 1998, 112

Stat. 2681-702.)

-COD-

CODIFICATION

Section was enacted as part of the Western Hemisphere Drug

Elimination Act, and not as part of the Office of National Drug

Control Policy Reauthorization Act of 1998 which comprises this

chapter.

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