-CITE-
    21 USC CHAPTER 22 - NATIONAL DRUG CONTROL POLICY            01/03/2007

-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.               
    1703.       Appointment and duties of Director and Deputy
                 Directors.                                           
    1704.       Coordination with National Drug Control Program
                 agencies in demand reduction, supply reduction, and
                 State and local affairs.                             
    1705.       Development, submission, implementation, and
                 assessment of National Drug Control Strategy.        
    1706.       High Intensity Drug Trafficking Areas Program.        
    1707.       Counter-Drug Technology Assessment Center.            
    1708.       National youth anti-drug media campaign.              
    1708a.      Annual report requirement.                            
    1709.       Repealed.                                             
    1710.       Drug Interdiction Coordinator and Committee.          
    1710a.      Requirement for disclosure of Federal sponsorship of
                 all Federal advertising or other communication
                 materials.                                           
    1711.       Authorization of appropriations.                      
    1712.       Termination of Office of National Drug Control Policy.
    1713.       Authorization of use of environmentally-approved
                 herbicides to eliminate illicit narcotics crops.     
    1714.       Awards for demonstration programs by local
                 partnerships to coerce abstinence in chronic
                 hard-drug users under community supervision through
                 the use of drug testing and sanctions.               

-End-

-CITE-
    21 USC Sec. 1701                                            01/03/2007

-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;
          (G) drug testing, including the testing of employees;
          (H) interventions for drug abuse and dependence;
          (I) international drug control coordination and cooperation
        with respect to activities described in this paragraph; and
          (J) international drug abuse education, prevention,
        treatment, research, rehabilitation activities, and
        interventions for drug abuse and dependence.
      (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, including any
      activities involving supply reduction, demand reduction, or
      State, local, and tribal affairs.
      (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 Intelligence Program, the Joint Military Intelligence
      Program or Tactical Intelligence and Related Activities, or (for
      purposes of section 1703(d) of this title) an agency that is
      described in section 530C(a) of title 28, 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 indicates otherwise, the term
      "Office" means the Office of National Drug Control Policy
      established under section 1702(a) of this title.
      (10) State, local, and tribal affairs
        The term "State, local, and tribal affairs" means domestic
      activities conducted by a National Drug Control Program agency
      that are intended to reduce the availability and use of illegal
      drugs, including - 
          (A) coordination and enhancement of Federal, State, local,
        and tribal law enforcement drug control efforts;
          (B) coordination and enhancement of efforts among National
        Drug Control Program agencies and State, local, and tribal
        demand reduction and supply reduction agencies;
          (C) coordination and enhancement of Federal, State, local,
        and tribal law enforcement initiatives to gather, analyze, and
        disseminate information and law enforcement intelligence
        relating to drug control among domestic law enforcement
        agencies; and
          (D) other coordinated and joint initiatives among Federal,
        State, local, and tribal agencies to promote comprehensive drug
        control strategies designed to reduce the demand for, and the
        availability of, illegal drugs.
      (11) Supply reduction
        The term "supply reduction" means any activity or program
      conducted by a National Drug Control Program agency that is
      intended to reduce the availability or use of illegal drugs in
      the United States or abroad, including - 
          (A) law enforcement outside the United States;
          (B) source country programs, including economic development
        programs primarily intended to reduce the production or
        trafficking of illicit drugs;
          (C) activities to control international trafficking in, and
        availability of, illegal drugs, including - 
            (i) accurate assessment and monitoring of international
          drug production and interdiction programs and policies; and
            (ii) coordination and promotion of compliance with
          international treaties relating to the production,
          transportation, or interdiction of illegal drugs;

          (D) activities to conduct and promote international law
        enforcement programs and policies to reduce the supply of
        drugs; and
          (E) activities to facilitate and enhance the sharing of
        domestic and foreign intelligence information among National
        Drug Control Program agencies, relating to the production and
        trafficking of drugs in the United States and in foreign
        countries.
      (12) Appropriate congressional committees
        Except where otherwise provided, the term "appropriate
      congressional committees" means the Committee on the Judiciary,
      the Committee on Appropriations, and the Caucus on International
      Narcotics Control of the Senate and the Committee on Government
      Reform, the Committee on the Judiciary, and the Committee on
      Appropriations of the House of Representatives.
      (13) Law enforcement
        The term "law enforcement" or "drug law enforcement" means all
      efforts by a Federal, State, local, or tribal government agency
      to enforce the drug laws of the United States or any State,
      including investigation, arrest, prosecution, and incarceration
      or other punishments or penalties.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 702, Oct. 21, 1998, 112
    Stat. 2681-670; Pub. L. 109-469, title I, Sec. 101, Dec. 29, 2006,
    120 Stat. 3503.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, 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, 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.

-COD-
                               CODIFICATION                           
      The repeal of this chapter and of the amendments made by this
    chapter, effective Sept. 30, 2003, by section 1712 of this title,
    as in effect on Sept. 30, 2003, has not been given effect in the
    Code, to reflect the probable intent of Congress, because of the
    amendment to section 1712 of this title by Pub. L. 109-469 which
    substituted "September 30, 2010" for "September 30, 2003" as the
    effective date of the repeal.

-MISC1-
                                AMENDMENTS                            
      2006 - (1)(G). Pub. L. 109-469, Sec. 101(a)(2), substituted ",
    including the testing of employees;" for period at end.
      Par. (1)(H) to (J). Pub. L. 109-469, Sec. 101(a)(1), (3), added
    subpars. (H) to (J).
      Par. (6). Pub. L. 109-469, Sec. 101(b), inserted ", including any
    activities involving supply reduction, demand reduction, or State,
    local, and tribal affairs" before period at end.
      Par. (7). Pub. L. 109-469, Sec. 101(c), in introductory
    provisions, substituted "National Intelligence Program," for
    "National Foreign Intelligence Program," and inserted "or (for
    purposes of section 1703(d) of this title) an agency that is
    described in section 530C(a) of title 28," after "Related
    Activities,".
      Par. (9). Pub. L. 109-469, Sec. 101(d), substituted "indicates"
    for "implicates".
      Par. (10). Pub. L. 109-469, Sec. 101(e), amended par. (10)
    generally. Prior to amendment, text defined the term "State and
    local affairs".
      Par. (11). Pub. L. 109-469, Sec. 101(f), amended par. (11)
    generally. Prior to amendment, text defined the term "supply
    reduction".
      Pars. (12), (13). Pub. L. 109-469, Sec. 101(g), added pars. (12)
    and (13).

                       SHORT TITLE OF 2006 AMENDMENT                   
      Pub. L. 109-469, Sec. 1(a), Dec. 29, 2006, 120 Stat. 3502,
    provided that: "This Act [enacting sections 1708a, 1714, 2001 to
    2003, and 2011 to 2014 of this title, amending this section,
    sections 823, 1524, 1532, 1702 to 1708, 1710 to 1712 of this title,
    and section 458 of Title 6, Domestic Security, repealing sections
    1509, 1709, and 1801 to 1804 of this title, enacting provisions set
    out as notes under this section, sections 1532, 1705, 1706, and
    2001 of this title, and section 112 of Title 32, National Guard,
    amending provisions set out as a note under section 1521 of this
    title, and repealing provisions set out as a note under section
    1801 of this title] may be cited as the 'Office of National Drug
    Control Policy Reauthorization Act of 2006'."
      Pub. L. 109-469, title III, Sec. 302(a), Dec. 29, 2006, 120 Stat.
    3524, provided that: "This section [amending section 1706 of this
    title and enacting provisions set out as a note under section 1706
    of this title] may be cited as the 'Dawson Family Community
    Protection Act'."

                                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'."

                                MODEL ACTS                            
      Pub. L. 109-469, title XI, Sec. 1105, Dec. 29, 2006, 120 Stat.
    3541, provided that:
      "(a) In General. - The Director of the Office of National Drug
    Control Policy shall provide for or shall enter into an agreement
    with a non-profit corporation that is described in section
    501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C.
    501(c)(3)] and exempt from tax under section 501(a) of such Code to
    - 
        "(1) advise States on establishing laws and policies to address
      alcohol and other drug issues, based on the model State drug laws
      developed by the President's Commission on Model State Drug Laws
      in 1993; and
        "(2) revise such model State drug laws and draft supplementary
      model State laws to take into consideration changes in the
      alcohol and drug abuse problems in the State involved.
      "(b) Authorization of Appropriations. - There is authorized to be
    appropriated to carry out this subsection [probably should be
    "section"] $1,500,000 for each of fiscal years 2007 through 2011."

-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.

-End-

-CITE-
    21 USC Sec. 1702                                            01/03/2007

-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 the 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
      policy and the National Drug Control Program agencies' programs,
      by developing and applying specific goals and performance
      measurements.

    When developing the national drug control policy, any policy of the
    Director relating to syringe exchange programs for intravenous drug
    users shall be based on the best available medical and scientific
    evidence regarding their effectiveness in promoting individual
    health and preventing the spread of infectious disease, and their
    impact on drug addiction and use. In making any policy relating to
    syringe exchange programs, the Director shall consult with the
    National Institutes of Health and the National Academy of Sciences.
    (b) Director of National Drug Control Policy and Deputy Directors
      (1) Director
        There shall be a Director of National Drug Control Policy who
      shall head the Office (referred to in this chapter as the
      "Director") and shall hold the same rank and status as the head
      of an executive department listed in section 101 of title 5.
      (2) Deputy Director
        There shall be a Deputy Director of National Drug Control
      Policy who shall report directly to the Director (referred to in
      this chapter as the "Deputy Director").
      (3) Other Deputy Directors
        (A) In general
          There shall be a Deputy Director for Demand Reduction, a
        Deputy Director for Supply Reduction, and a Deputy Director for
        State, Local, and Tribal Affairs.
        (B) Reporting
          The Deputy Director for Demand Reduction, the Deputy Director
        for Supply Reduction, and the Deputy Director for State, Local,
        and Tribal Affairs shall report directly to the Deputy Director
        of the Office of National Drug Control Policy.
        (C) Deputy Director for Demand Reduction
          The Deputy Director for Demand Reduction shall be responsible
        for the activities in subparagraphs (A) through (H) of section
        1701(1) (!1) of this title.

        (D) Deputy Director for Supply Reduction
          The Deputy Director for Supply Reduction shall - 
            (i) have substantial experience and expertise in drug
          interdiction and other supply reduction activities; and
            (ii) be responsible for the activities in subparagraphs (A)
          through (C) in section 1701(11) of this title.
        (E) Deputy Director for State, Local, and Tribal Affairs
          The Deputy Director for State, Local, and Tribal Affairs
        shall be responsible for the activities - 
            (i) in subparagraphs (A) through (D) of section 1701(10) of
          this title;
            (ii) in section 1706 of this title, the High Intensity Drug
          Trafficking Areas Program; and
            (iii) in section 1707 of this title, the Counterdrug
          Technology Assessment Center.
    (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; Pub. L. 109-469, title I, Sec. 102, title XI, Sec.
    1120, Dec. 29, 2006, 120 Stat. 3505, 3548.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b)(1), (2), 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.
      Section 1701(1) of this title, referred to in subsec. (b)(3)(C),
    was in the original "section 702(l)", and was translated as reading
    "section 702(1)", meaning section 702(1) of Pub. L. 105-277, to
    reflect the probable intent of Congress, because section 702 of
    Pub. L. 105-277 does not contain a subsec. (l).

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-469, Sec. 1120, inserted
    concluding provisions.
      Pub. L. 109-469, Sec. 102(a), amended subsec. (a) generally.
    Prior to amendment, subsec. (a) related to establishment of Office
    of National Drug Control Policy.
      Subsec. (b). Pub. L. 109-469, Sec. 102(b), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) related to Director and
    Deputy Directors of National Drug Control Policy.

              GIFTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY          
      Pub. L. 109-115, div. A, title V, Nov. 30, 2005, 119 Stat. 2475,
    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. 108-447, div. H, title III, Dec. 8, 2004, 118 Stat. 3249.
      Pub. L. 108-199, div. F, title III, Jan. 23, 2004, 118 Stat. 324.
      Pub. L. 108-7, div. J, title III, Feb. 20, 2003, 117 Stat. 446.
      Pub. L. 107-67, title III, Nov. 12, 2001, 115 Stat. 530.
      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.

<p><img src="http://uscode.house.gov/images/code06/t211702.gif" width=576 height=579 alt="Image of item"><p>

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    21 USC Sec. 1703                                            01/03/2007

-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) Acting Director
        If the Director dies, resigns, or is otherwise unable to
      perform the functions and duties of the office, the Deputy
      Director shall perform the functions and duties of the Director
      temporarily in an acting capacity pursuant to subchapter III of
      chapter 33 of title 5.
      (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 National Drug Control
      Program agencies, 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 the
      appropriate congressional committees, 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 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 appropriate congressional committees
      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;

        (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) supporting the substance abuse information clearinghouse
        administered by the Administrator of the Substance Abuse and
        Mental Health Services Administration and established in
        section 290aa(d)(16) of title 42 by - 
            (i) encouraging all National Drug Control Program agencies
          to provide all appropriate and relevant information; and
            (ii) supporting the dissemination of information to all
          interested entities;

        (16) shall coordinate with the private sector to promote
      private research and development of medications to treat
      addiction;
        (17) shall seek the support and commitment of State, local, and
      tribal officials in the formulation and implementation of the
      National Drug Control Strategy;
        (18) shall monitor and evaluate the allocation of resources
      among Federal law enforcement agencies in response to significant
      local and regional drug trafficking and production threats;
        (19) shall submit an annual report to Congress detailing how
      the Office of National Drug Control Policy has consulted with and
      assisted State, local, and tribal governments with respect to the
      formulation and implementation of the National Drug Control
      Strategy and other relevant issues; and
        (20) shall, within 1 year after December 29, 2006, report to
      Congress on the impact of each Federal drug reduction strategy
      upon the availability, addiction rate, use rate, and other harms
      of illegal drugs.
    (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.
        (C) Content of drug control budget requests
          A drug control budget request submitted by a department,
        agency, or program under this paragraph shall include all
        requests for funds for any drug control activity undertaken by
        that department, agency, or program, including demand
        reduction, supply reduction, and State, local, and tribal
        affairs, including any drug law enforcement activities. If an
        activity has both drug control and nondrug control purposes or
        applications, the department, agency, or program shall estimate
        by a documented calculation the total funds requested for that
        activity that would be used for drug control, and shall set
        forth in its request the basis and method for making the
        estimate.
      (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 and the head of each major
      national organization that represents law enforcement officers,
      agencies, or associations - 
          (A) develop a consolidated National Drug Control Program
        budget proposal designed to implement the National Drug Control
        Strategy and to inform Congress and the public about the total
        amount proposed to be spent on all supply reduction, demand
        reduction, State, local, and tribal affairs, including any drug
        law enforcement, and other drug control activities by the
        Federal Government, which shall conform to the content
        requirements set forth in paragraph (1)(C);
          (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) Specific requests
          The Director shall not confirm the adequacy of any budget
        request that - 
            (i) requests funding for Federal law enforcement activities
          that do not adequately compensate for transfers of drug
          enforcement resources and personnel to law enforcement and
          investigation activities;
            (ii) requests funding for law enforcement activities on the
          borders of the United States that do not adequately direct
          resources to drug interdiction and enforcement;
            (iii) requests funding for drug treatment activities that
          do not provide adequate results and accountability measures;
            (iv) requests funding for any activities of the Safe and
          Drug-Free Schools Program that do not include a clear anti-
          drug message or purpose intended to reduce drug use;
            (v) requests funding for drug treatment activities that do
          not adequately support and enhance Federal drug treatment
          programs and capacity;
            (vi) requests funding for fiscal year 2007 for activities
          of the Department of Education, unless it is accompanied by a
          report setting forth a plan for providing expedited
          consideration of student loan applications for all
          individuals who submitted an application for any Federal
          grant, loan, or work assistance that was rejected or denied
          pursuant to 1091(r)(1) (!1) of title 20 by reason of a
          conviction for a drug-related offense not occurring during a
          period of enrollment for which the individual was receiving
          any Federal grant, loan, or work assistance; and

            (vii) requests funding for the operations and management of
          the Department of Homeland Security that does not include a
          specific request for funds for the Office of Counternarcotics
          Enforcement to carry out its responsibilities under section
          458 of title 6.
        (D) 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 and the
          appropriate congressional committees, at the time the budget
          for that agency is submitted to Congress under section
          1105(a) of title 31.
        (E) 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 and the appropriate congressional
              committees, 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
        $1,000,000 that is included in the National Drug Control
        Program budget unless the request has been approved by the
        Director. If the Director has not responded to a request for
        reprogramming subject to this subparagraph within 30 days after
        receiving notice of the request having been made, the request
        shall be deemed approved by the Director under this
        subparagraph and forwarded to Congress.
        (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
        authorized by law; and
          (E) the Director shall - 
            (i) submit to Congress, including to the Committees on
          Appropriations of the Senate and the House of
          Representatives, the authorizing committees for the Office,
          and any other applicable committees of jurisdiction, a
          reprogramming or transfer request in advance of any transfer
          under this paragraph in accordance with the regulations of
          the affected agency or agencies; and
            (ii) annually submit to Congress a report 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 notify the appropriate congressional committees of
      any fund control notice issued in accordance with subsection
      (f)(5);
        (10) participate in the drug certification process pursuant to
      section 2291j of title 22 and section 2291j-1 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.
      (4) (!2) Congressional notice

        A copy of each fund control notice shall be transmitted to the
      appropriate congressional committees.
      (5) (!3) Restrictions

        The Director shall not issue a fund control notice to direct
      that all or part of an amount appropriated to the National Drug
      Control Program agency account be obligated, modified, or altered
      in any manner - 
          (A) contrary, in whole or in part, to a specific
        appropriation; or
          (B) contrary, in whole or in part, to the expressed intent of
        Congress.
      (4) (!2) Congressional notice. - 
        A copy of each fund control notice shall be transmitted to the
      appropriate congressional committees.
      (5) (!3) Restrictions
        The Director shall not issue a fund control notice to direct
      that all or part of an amount appropriated to the National Drug
      Control Program agency account be obligated, modified, or altered
      in any manner contrary, in whole or in part, to a specific
      appropriation or statute.
    (g) Inapplicability to certain programs
      The provisions of this section shall not apply to the National
    Intelligence Program, the Joint Military Intelligence Program, and
    Tactical and Related Activities, unless such program or an element
    of such program is designated as a National Drug Control Program - 
        (1) by the President; or
        (2) jointly by - 
          (A) in the case of the National Intelligence Program, the
        Director and the Director of National Intelligence; or
          (B) in the case of the Joint Military Intelligence Program
        and Tactical and Related Activities, the Director, the Director
        of National Intelligence, and the Secretary of Defense.
    (h) Construction
      Nothing in this chapter shall be construed as derogating the
    authorities and responsibilities of the Director of National
    Intelligence or the Director of the Central Intelligence Agency
    contained in the National Security Act of 1947 (50 U.S.C. 401 et
    seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
    et seq.), or any other law.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 704, Oct. 21, 1998, 112
    Stat. 2681-672; Pub. L. 109-469, title I, Secs. 103(a)-(e), (f)(3),
    105, Dec. 29, 2006, 120 Stat. 3506, 3507, 3510, 3511.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, 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.
      The National Security Act of 1947, referred to in subsec. (h), 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.
      The Central Intelligence Agency Act of 1949, referred to in
    subsec. (h), is act June 20, 1949, ch. 227, 63 Stat. 208, as
    amended, which is classified generally to section 403a et seq. of
    Title 50, War and National Defense. For complete classification of
    this Act to the Code, see Short Title note set out under section
    403a of Title 50 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.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(3). Pub. L. 109-469, Sec. 103(a), amended par.
    (3) generally. Prior to amendment, text read as follows: "In the
    absence of the Deputy Director, or if the Office of the Deputy
    Director is vacant, the Director shall designate such other
    permanent employee of the Office to serve as the Director, if the
    Director is absent or unable to serve."
      Subsec. (b)(4). Pub. L. 109-469, Sec. 103(b)(1), substituted
    "National Drug Control Program agencies" for "Federal departments
    and agencies engaged in drug enforcement".
      Subsec. (b)(7). Pub. L. 109-469, Sec. 103(b)(2), inserted "and
    the appropriate congressional committees" after "President".
      Subsec. (b)(13). Pub. L. 109-469, Sec. 103(b)(3), struck out
    "(beginning in 1999)" after "basis" in introductory provisions.
      Subsec. (b)(14). Pub. L. 109-469, Sec. 103(b)(4), added par. (14)
    and struck out former par. (14) which read as follows: "shall
    submit to the Appropriations committees and the authorizing
    committees of jurisdiction of the House of Representatives and the
    Senate on an annual basis, not later than 60 days after the date of
    the last day of the applicable period, a summary of - 
        "(A) each of the evaluations received by the Director under
      paragraph (13); and
        "(B) the progress of each National Drug Control Program agency
      toward the drug control program goals of the agency using the
      performance measures for the agency developed under section
      1705(c) of this title; and".
      Subsec. (b)(15)(C). Pub. L. 109-469, Sec. 103(b)(5), added
    subpar. (C) and struck out former subpar. (C) which read as
    follows: "developing a single interagency clearinghouse for the
    dissemination of research and information by such agencies to State
    and local governments and nongovernmental agencies involved in
    demand reduction."
      Subsec. (b)(16) to (20). Pub. L. 109-469, Sec. 103(b)(6), added
    pars. (16) to (20).
      Subsec. (c)(1)(C). Pub. L. 109-469, Sec. 105(a), added subpar.
    (C).
      Subsec. (c)(2). Pub. L. 109-469, Sec. 105(b)(1), inserted "and
    the head of each major national organization that represents law
    enforcement officers, agencies, or associations" after "agency" in
    introductory provisions.
      Subsec. (c)(2)(A). Pub. L. 109-469, Sec. 105(b)(2), inserted "and
    to inform Congress and the public about the total amount proposed
    to be spent on all supply reduction, demand reduction, State,
    local, and tribal affairs, including any drug law enforcement, and
    other drug control activities by the Federal Government, which
    shall conform to the content requirements set forth in paragraph
    (1)(C)" before semicolon at end.
      Subsec. (c)(3)(C). Pub. L. 109-469, Sec. 105(c)(2), added subpar.
    (C). Former subpar. (C) redesignated (D).
      Subsec. (c)(3)(C)(iii). Pub. L. 109-469, Sec. 103(c)(1), inserted
    "and the appropriate congressional committees," after "House of
    Representatives".
      Subsec. (c)(3)(D). Pub. L. 109-469, Sec. 105(c)(1), redesignated
    subpar. (C) as (D). Former subpar. (D) redesignated (E).
      Subsec. (c)(3)(D)(ii)(II)(bb). Pub. L. 109-469, Sec. 103(c)(2),
    inserted "and the appropriate congressional committees," after
    "House of Representatives".
      Subsec. (c)(3)(D)(iii). Pub. L. 109-469, Sec. 105(c)(3), which
    directed amendment of cl. (iii) by inserting "and the appropriate
    congressional committees," after "House of Representatives", was
    not executed in view of the identical amendment made by Pub. L. 109-
    469, Sec. 103(c)(1) to subpar. (C)(iii) prior to its redesignation
    as (D)(iii). See above.
      Subsec. (c)(3)(E). Pub. L. 109-469, Sec. 105(c)(1), redesignated
    subpar. (D) as (E).
      Subsec. (c)(3)(E)(ii)(II)(bb). Pub. L. 109-469, Sec. 105(c)(4),
    which directed amendment of item (bb) by inserting "and the
    appropriate congressional committees," after "House of
    Representatives", was not executed in view of the identical
    amendment made by Pub. L. 109-469, Sec. 103(c)(2) to subpar.
    (D)(ii)(II)(bb) prior to its redesignation as (E)(ii)(II)(bb). See
    above.
      Subsec. (c)(4)(A). Pub. L. 109-469, Sec. 105(d), substituted
    "$1,000,000" for "$5,000,000" and inserted at end "If the Director
    has not responded to a request for reprogramming subject to this
    subparagraph within 30 days after receiving notice of the request
    having been made, the request shall be deemed approved by the
    Director under this subparagraph and forwarded to Congress."
      Subsec. (d)(8)(D). Pub. L. 109-469, Sec. 105(e)(1), substituted
    "authorized by law;" for "have been authorized by Congress;".
      Subsec. (d)(9). Pub. L. 109-469, Sec. 105(e)(2), which directed
    the substitution of "Strategy and notify the appropriate
    congressional committees of any fund control notice issued; and"
    for "Strategy; and", could not be executed because the words
    "Strategy; and" did not appear subsequent to amendment by Pub. L.
    109-469, Sec. 103(d)(1). See below.
      Pub. L. 109-469, Sec. 103(d)(1), substituted "Strategy and notify
    the appropriate congressional committees of any fund control notice
    issued in accordance with subsection (f)(5);" for "Strategy; and".
      Subsec. (d)(10). Pub. L. 109-469, Secs. 103(d)(2) and 105(e)(3),
    made identical amendments, inserting "and section 2291j-1 of title
    22" before period at end.
      Subsec. (f)(4), (5). Pub. L. 109-469, Sec. 105(f), added pars.
    (4) and (5) set out second.
      Pub. L. 109-469, Sec. 103(e), added pars. (4) and (5) set out
    first.
      Subsec. (g). Pub. L. 109-469, Sec. 103(f)(3)(A), amended subsec.
    (g) generally. Prior to amendment, text read as follows: "The
    provisions of this section shall not apply to the National Foreign
    Intelligence Program, the Joint Military Intelligence Program and
    Tactical Intelligence and Related Activities unless the agency that
    carries out such program is designated as a National Drug Control
    Program agency by the President or jointly by the Director and the
    head of the agency."
      Subsec. (h). Pub. L. 109-469, Sec. 103(f)(3)(B), amended subsec.
    (h) generally. Prior to amendment, text read as follows: "Nothing
    in this chapter shall be construed as derogating the authorities
    and responsibilities of the Director of Central Intelligence
    contained in sections 403-4 and 414 of title 50 or any other law."

      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.

-FOOTNOTE-
    (!1) So in original. Probably should be preceded by "section".

    (!2) So in original. Two pars. (4) have been enacted.

    (!3) So in original. Two pars. (5) have been enacted.

-End-

-CITE-
    21 USC Sec. 1704                                            01/03/2007

-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 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 National 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 National Intelligence and the Director of the
        Central Intelligence Agency shall, to the maximum extent
        practicable in accordance with subparagraph (A), render full
        assistance and support to the Office and the Director.
      (3) Required reports
        (A) Secretaries of the Interior and Agriculture
          Not later than July 1 of each year, the Secretaries of
        Agriculture and the Interior shall jointly submit to the
        Director and the appropriate congressional committees an
        assessment of the quantity of illegal drug cultivation and
        manufacturing in the United States on lands owned or under the
        jurisdiction of the Federal Government for the preceding year.
        (B) Secretary of Homeland Security
          Not later than July 1 of each year, the Secretary of Homeland
        Security shall submit to the Director and the appropriate
        congressional committees information for the preceding year
        regarding - 
            (i) the number and type of seizures of drugs by each
          component of the Department of Homeland Security seizing
          drugs, as well as statistical information on the geographic
          areas of such seizures; and
            (ii) the number of air and maritime patrol hours primarily
          dedicated to drug supply reduction missions undertaken by
          each component of the Department of Homeland Security.
        (C) Secretary of Defense
          The Secretary of Defense shall, by July 1 of each year,
        submit to the Director and the appropriate congressional
        committees information for the preceding year regarding the
        number of air and maritime patrol hours primarily dedicated to
        drug supply reduction missions undertaken by each component of
        the Department of Defense.
        (D) Attorney General
          The Attorney General shall, by July 1 of each year, submit to
        the Director and the appropriate congressional committees
        information for the preceding year regarding the number and
        type of - 
            (i) arrests for drug violations;
            (ii) prosecutions for drug violations by United States
          Attorneys; and
            (iii) seizures of drugs by each component of the Department
          of Justice seizing drugs, as well as statistical information
          on the geographic areas of such seizures.
    (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
        Strategy.
    (c) General Services Administration
      The Administrator of General Services shall provide to the
    Director, on a reimbursable basis, such administrative support
    services as the Director may request.
    (d) Accounting of funds expended
      The Director shall - 
        (A) require the National Drug Control Program agencies to
      submit to the Director not later than February 1 of each year a
      detailed accounting of all funds expended by the agencies for
      National Drug Control Program activities during the previous
      fiscal year, and require such accounting to be authenticated by
      the Inspector General for each agency prior to submission to the
      Director; and
        (B) submit to Congress not later than April 1 of each year the
      information submitted to the Director under subparagraph (A).

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 705, Oct. 21, 1998, 112
    Stat. 2681-680; Pub. L. 109-469, title I, Sec. 104, Dec. 29, 2006,
    120 Stat. 3510.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, 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.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(A). Pub. L. 109-469, Sec. 104(1), struck
    out "abuse" after "drug".
      Subsec. (a)(2)(A). Pub. L. 109-469, Sec. 104(2), substituted
    "Director of National Intelligence" for "Director of Central
    Intelligence".
      Subsec. (a)(2)(B). Pub. L. 109-469, Sec. 104(3), substituted
    "Director of National Intelligence and the Director of the Central
    Intelligence Agency" for "Director of Central Intelligence".
      Subsec. (a)(3). Pub. L. 109-469, Sec. 104(4), amended par. (3)
    generally. Prior to amendment, text read as follows: "The Secretary
    of Agriculture shall annually submit to the Director an assessment
    of the acreage of illegal drug cultivation in the United States."
      Subsec. (b)(2)(B). Pub. L. 109-469, Sec. 104(5), substituted
    "Strategy" for "Program".
      Subsec. (c). Pub. L. 109-469, Sec. 104(6), substituted "on" for
    "in".

-End-

-CITE-
    21 USC Sec. 1705                                            01/03/2007

-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 of each year, the President shall
      submit to Congress a National Drug Control Strategy, which shall
      set forth a comprehensive plan for the year to reduce illicit
      drug use and the consequences of such illicit drug use 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 the following:
            (i) Comprehensive, research-based, long-range, quantifiable
          goals for reducing illicit drug use and the consequences of
          illicit drug use 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
          beginning on the date on which the National Drug Control
          Strategy is submitted.
            (iii) A 5-year projection for program and budget
          priorities.
            (iv) A review of international, State, local, and private
          sector drug control activities to ensure that the United
          States pursues coordinated and effective drug control at all
          levels of government.
            (v) An assessment of current illicit drug use (including
          inhalants and steroids) and availability, impact of illicit
          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 nondependent and
            dependent illicit drug use;
              (II) illicit drug use in the workplace and the
            productivity lost by such use; and
              (III) illicit drug use by arrestees, probationers, and
            parolees.

            (vi) An assessment of the reduction of illicit drug
          availability, as measured by - 
              (I) the quantities of cocaine, heroin, marijuana,
            methamphetamine, ecstasy, and other drugs available for
            consumption in the United States;
              (II) the amount of marijuana, cocaine, heroin,
            methamphetamine, ecstasy, and precursor chemicals and other
            drugs entering the United States;
              (III) the number of illicit drug manufacturing
            laboratories seized and destroyed and 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 and other drugs; and
              (V) changes in the price and purity of heroin,
            methamphetamine, and cocaine, changes in the price of
            ecstasy, and changes in tetrahydrocannabinol level of
            marijuana and other drugs.

            (vii) An assessment of the reduction of the consequences of
          illicit drug use and availability, which shall include - 
              (I) the burden illicit drug users placed on hospital
            emergency departments in the United States, such as the
            quantity of illicit drug-related services provided;
              (II) the annual national health care cost of illicit drug
            use; and
              (III) the extent of illicit drug-related crime and
            criminal activity.

            (viii) A determination of the status of drug treatment in
          the United States, by assessing - 
              (I) public and private treatment utilization; and
              (II) the number of illicit drug users the Director
            estimates meet diagnostic criteria for treatment.

            (ix) A review of the research agenda of the Counterdrug
          Technology Assessment Center to reduce the availability and
          abuse of drugs.
            (x) A summary of the efforts made to coordinate with
          private sector entities to conduct private research and
          development of medications to treat addiction by - 
              (I) screening chemicals for potential therapeutic value;
              (II) developing promising compounds;
              (III) conducting clinical trials;
              (IV) seeking Food and Drug Administration approval for
            drugs to treat addiction;
              (V) marketing the drug for the treatment of addiction;
              (VI) urging physicians to use the drug in the treatment
            of addiction; and
              (VII) encouraging insurance companies to reimburse the
            cost of the drug for the treatment of addiction.

            (xi) An assessment of Federal effectiveness in achieving
          the National Drug Control Strategy for the previous year,
          including a specific evaluation of whether the objectives and
          targets for reducing illicit drug use for the previous year
          were met and reasons for the success or failure of the
          previous year's Strategy.
            (xii) A general review of the status of, and trends in,
          demand reduction activities by private sector entities and
          community-based organizations, including faith-based
          organizations, to determine their effectiveness and the
          extent of cooperation, coordination, and mutual support
          between such entities and organizations and Federal, State,
          local, and tribal government agencies.
            (xiii) Such additional statistical data and information as
          the Director considers appropriate to demonstrate and assess
          trends relating to illicit drug use, the effects and
          consequences of illicit drug use (including the effects on
          children of substance abusers), supply reduction, demand
          reduction, drug-related law enforcement, and the
          implementation of the National Drug Control Strategy.
            (xiv) A supplement reviewing the activities of each
          individual National Drug Control Program agency during the
          previous year with respect to the National Drug Control
          Strategy and the Director's assessment of the progress of
          each National Drug Control Program agency in meeting its
          responsibilities under the National Drug Control Strategy.
        (B) Classified information
          Any contents of the National Drug Control Strategy that
        involve 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.
        (C) Selection of data and information
          In selecting data and information for inclusion under
        subparagraph (A), the Director shall ensure - 
            (i) the inclusion of data and information that will permit
          analysis of current trends against previously compiled data
          and information where the Director believes such analysis
          enhances long-term assessment of the National Drug Control
          Strategy; and
            (ii) the inclusion of data and information to permit a
          standardized and uniform assessment of the effectiveness of
          drug treatment programs in the United States.
      (3) Process for development and submission
        In developing and effectively implementing the National Drug
      Control Strategy, the Director - 
          (A) shall consult with - 
            (i) the heads of the National Drug Control Program
          agencies;
            (ii) Congress;
            (iii) State, local, and tribal officials;
            (iv) private citizens and organizations, including
          community and faith-based 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;

          (B) in satisfying the requirements of subparagraph (A), shall
        ensure, to the maximum extent possible, that State, local, and
        tribal officials and relevant private organizations commit to
        support and take steps to achieve the goals and objectives of
        the National Drug Control Strategy;
          (C) with the concurrence of the Attorney General, may require
        the El Paso Intelligence Center to undertake specific tasks or
        projects to support or implement the National Drug Control
        Strategy; and
          (D) with the concurrence of the Director of National
        Intelligence and the Attorney General, may request that the
        National Drug Intelligence Center undertake specific tasks or
        projects to support or implement the National Drug Control
        Strategy.
    (b) Submission of revised strategy
      The President may submit to Congress a revised National Drug
    Control Strategy that meets the requirements of this section - 
        (1) at any time, upon a determination of the President, in
      consultation with the Director, that the National Drug Control
      Strategy in effect is not sufficiently effective; or
        (2) if a new President or Director takes office.
    (c) Performance measurement system
      Not later than February 1 of each year, the Director shall submit
    to Congress as part of the National Drug Control Strategy, a
    description of a national drug control performance measurement
    system, that - 
        (1) develops 2-year and 5-year performance measures and targets
      for each National Drug Control Strategy goal and objective
      established for reducing drug use, availability, and the
      consequences of drug use;
        (2) describes the sources of information and data that will be
      used for each performance measure incorporated into the
      performance measurement system;
        (3) identifies major programs and activities of the National
      Drug Control Program agencies that support the goals and annual
      objectives of the National Drug Control Strategy;
        (4) evaluates the contribution of demand reduction and supply
      reduction activities as defined in section 1701 of this title
      implemented by each National Drug Control Program agency in
      support of the National Drug Control Strategy;
        (5) monitors consistency between the drug-related goals and
      objectives of the National Drug Control Program agencies and
      ensures that each agency's goals and budgets support and are
      fully consistent with the National Drug Control Strategy; and
        (6) 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 - 
          (A) the quality of current drug use measurement instruments
        and techniques to measure supply reduction and demand reduction
        activities;
          (B) the adequacy of the coverage of existing national drug
        use measurement instruments and techniques to measure the
        illicit drug user population, and groups that are at risk for
        illicit drug use;
          (C) the adequacy of the coverage of existing national
        treatment outcome monitoring systems to measure the
        effectiveness of drug abuse treatment in reducing illicit drug
        use and criminal behavior during and after the completion of
        substance abuse treatment; and
          (D) the actions the Director shall take to correct any
        deficiencies and limitations identified pursuant to
        subparagraphs (A) and (B) of this subsection.
    (d) Modifications
      A description of any modifications made during the preceding year
    to the national drug performance measurement system described in
    subsection (c) shall be included in each report submitted under
    subsection (b).

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 706, Oct. 21, 1998, 112
    Stat. 2681-681; Pub. L. 109-469, title II, Secs. 201, 202, Dec. 29,
    2006, 120 Stat. 3513, 3517.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469, Sec. 201, amended section generally.
    Prior to amendment, section related to development, submission,
    implementation, and assessment of National Drug Control Strategy.
      Subsecs. (c), (d). Pub. L. 109-469, Sec. 202, added subsecs. (c)
    and (d).

        REQUIREMENT FOR SOUTHWEST BORDER COUNTERNARCOTICS STRATEGY    
      Pub. L. 109-469, title XI, Sec. 1110, Dec. 29, 2006, 120 Stat.
    3543, provided that:
      "(a) In General. - Not later than 120 days after the date of
    enactment of this Act [Dec. 29, 2006], and every 2 years
    thereafter, the Director of National Drug Control Policy shall
    submit to the Congress a Southwest Border Counternarcotics
    Strategy.
      "(b) Purposes. - The Southwest Border Counternarcotics Strategy
    shall - 
        "(1) set forth the Government's strategy for preventing the
      illegal trafficking of drugs across the international border
      between the United States and Mexico, including through ports of
      entry and between ports of entry on that border;
        "(2) state the specific roles and responsibilities of the
      relevant National Drug Control Program agencies (as defined in
      section 702 of the Office of National Drug Control Policy
      Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing
      that strategy; and
        "(3) identify the specific resources required to enable the
      relevant National Drug Control Program agencies to implement that
      strategy.
      "(c) Specific Content Related to Drug Tunnels Between the United
    States and Mexico. - The Southwest Border Counternarcotics Strategy
    shall include - 
        "(1) a strategy to end the construction and use of tunnels and
      subterranean passages that cross the international border between
      the United States and Mexico for the purpose of illegal
      trafficking of drugs across such border; and
        "(2) recommendations for criminal penalties for persons who
      construct or use such a tunnel or subterranean passage for such a
      purpose.
      "(d) Consultation With Other Agencies. - The Director shall issue
    the Southwest Border Counternarcotics Strategy in consultation with
    the heads of the relevant National Drug Control Program agencies.
      "(e) Limitation. - The Southwest Border Counternarcotics Strategy
    shall not change existing agency authorities or the laws governing
    interagency relationships, but may include recommendations about
    changes to such authorities or laws.
      "(f) Report to Congress. - The Director shall provide a copy of
    the Southwest Border Counternarcotics Strategy to the appropriate
    congressional committees (as defined in section 702 of the Office
    of National Drug Control Policy Reauthorization Act of 1998 (21
    U.S.C. 1701)), and to the Committee on Armed Services and the
    Committee on Homeland Security of the House of Representatives, and
    the Committee on Homeland Security and Governmental Affairs and the
    Committee on Armed Services of the Senate.
      "(g) Treatment of Classified or Law Enforcement Sensitive
    Information. - Any content of the Southwest Border Counternarcotics
    Strategy that involves information classified under criteria
    established by an Executive order, or whose public disclosure, as
    determined by the Director or the head of any relevant National
    Drug Control Program agency, would be detrimental to the law
    enforcement or national security activities of any Federal, State,
    local, or tribal agency, shall be presented to Congress separately
    from the rest of the strategy."

-End-

-CITE-
    21 USC Sec. 1706                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1706. High Intensity Drug Trafficking Areas Program

-STATUTE-
    (a) Establishment
      (1) In general
        There is established in the Office a program to be known as the
      High Intensity Drug Trafficking Areas Program (in this section
      referred to as the "Program").
      (2) Purpose
        The purpose of the Program is to reduce drug trafficking and
      drug production in the United States by - 
          (A) facilitating cooperation among Federal, State, local, and
        tribal law enforcement agencies to share information and
        implement coordinated enforcement activities;
          (B) enhancing law enforcement intelligence sharing among
        Federal, State, local, and tribal law enforcement agencies;
          (C) providing reliable law enforcement intelligence to law
        enforcement agencies needed to design effective enforcement
        strategies and operations; and
          (D) supporting coordinated law enforcement strategies which
        maximize use of available resources to reduce the supply of
        illegal drugs in designated areas and in the United States as a
        whole.
    (b) Designation
      (1) In general
        The Director, in consultation with the Attorney General, the
      Secretary of the Treasury, the Secretary of Homeland Security,
      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.
      (2) Activities
        After making a designation under paragraph (1) and in order to
      provide Federal assistance to the area so designated, the
      Director may - 
          (A) obligate such sums as are appropriated for the Program;
          (B) 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;
          (C) take any other action authorized under section 1703 of
        this title to provide increased Federal assistance to those
        areas; and
          (D) coordinate activities under this section (specifically
        administrative, recordkeeping, and funds management activities)
        with State, local, and tribal officials.
    (c) Petitions for designation
      The Director shall establish regulations under which a coalition
    of interested law enforcement agencies from an area may petition
    for designation as a high intensity drug trafficking area. Such
    regulations shall provide for a regular review by the Director of
    the petition, including a recommendation regarding the merit of the
    petition to the Director by a panel of qualified, independent
    experts.
    (d) 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 significant center of illegal drug
      production, manufacturing, importation, or distribution;
        (2) State, local, and tribal 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
      significant harmful impact in the area, and 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.
    (e) Organization of high intensity drug trafficking areas
      (1) Executive Board and officers
        To be eligible for funds appropriated under this section, each
      high intensity drug trafficking area shall be governed by an
      Executive Board. The Executive Board shall designate a chairman,
      vice chairman, and any other officers to the Executive Board that
      it determines are necessary.
      (2) Responsibilities
        The Executive Board of a high intensity drug trafficking area
      shall be responsible for - 
          (A) providing direction and oversight in establishing and
        achieving the goals of the high intensity drug trafficking
        area;
          (B) managing the funds of the high intensity drug trafficking
        area;
          (C) reviewing and approving all funding proposals consistent
        with the overall objective of the high intensity drug
        trafficking area; and
          (D) reviewing and approving all reports to the Director on
        the activities of the high intensity drug trafficking area.
      (3) Board representation
        None of the funds appropriated under this section may be
      expended for any high intensity drug trafficking area, or for a
      partnership or region of a high intensity drug trafficking area,
      if the Executive Board for such area, region, or partnership,
      does not apportion an equal number of votes between
      representatives of participating Federal agencies and
      representatives of participating State, local, and tribal
      agencies. Where it is impractical for an equal number of
      representatives of Federal agencies and State, local, and tribal
      agencies to attend a meeting of an Executive Board in person, the
      Executive Board may use a system of proxy votes or weighted votes
      to achieve the voting balance required by this paragraph.
      (4) No agency relationship
        The eligibility requirements of this section are intended to
      ensure the responsible use of Federal funds. Nothing in this
      section is intended to create an agency relationship between
      individual high intensity drug trafficking areas and the Federal
      Government.
    (f) Use of funds
      The Director shall ensure that no Federal funds appropriated for
    the Program are expended for the establishment or expansion of drug
    treatment programs, and shall ensure that not more than 5 percent
    of the Federal funds appropriated for the Program are expended for
    the establishment of drug prevention programs.
    (g) Counterterrorism activities
      (1) Assistance authorized
        The Director may authorize use of resources available for the
      Program to assist Federal, State, local, and tribal law
      enforcement agencies in investigations and activities related to
      terrorism and prevention of terrorism, especially but not
      exclusively with respect to such investigations and activities
      that are also related to drug trafficking.
      (2) Limitation
        The Director shall ensure - 
          (A) that assistance provided under paragraph (1) remains
        incidental to the purpose of the Program to reduce drug
        availability and carry out drug-related law enforcement
        activities; and
          (B) that significant resources of the Program are not
        redirected to activities exclusively related to terrorism,
        except on a temporary basis under extraordinary circumstances,
        as determined by the Director.
    (h) Role of Drug Enforcement Administration
      The Director, in consultation with the Attorney General, shall
    ensure that a representative of the Drug Enforcement Administration
    is included in the Intelligence Support Center for each high
    intensity drug trafficking area.
    (i) Annual HIDTA Program budget submissions
      As part of the documentation that supports the President's annual
    budget request for the Office, the Director shall submit to
    Congress a budget justification that includes - 
        (1) the amount proposed for each high intensity drug
      trafficking area, conditional upon a review by the Office of the
      request submitted by the HIDTA and the performance of the HIDTA,
      with supporting narrative descriptions and rationale for each
      request;
        (2) a detailed justification that explains - 
          (A) the reasons for the proposed funding level; how such
        funding level was determined based on a current assessment of
        the drug trafficking threat in each high intensity drug
        trafficking area;
          (B) how such funding will ensure that the goals and
        objectives of each such area will be achieved; and
          (C) how such funding supports the National Drug Control
        Strategy; and

        (3) the amount of HIDTA funds used to investigate and prosecute
      organizations and individuals trafficking in methamphetamine in
      the prior calendar year, and a description of how those funds
      were used.
    (j) Emerging threat response fund
      (1) In general
        Subject to the availability of appropriations, the Director may
      expend up to 10 percent of the amounts appropriated under this
      section on a discretionary basis, to respond to any emerging drug
      trafficking threat in an existing high intensity drug trafficking
      area, or to establish a new high intensity drug trafficking area
      or expand an existing high intensity drug trafficking area, in
      accordance with the criteria established under paragraph (2).
      (2) Consideration of impact
        In allocating funds under this subsection, the Director shall
      consider - 
          (A) the impact of activities funded on reducing overall drug
        traffic in the United States, or minimizing the probability
        that an emerging drug trafficking threat will spread to other
        areas of the United States; and
          (B) such other criteria as the Director considers
        appropriate.
    (k) Evaluation
      (1) Initial report
        Not later than 90 days after December 29, 2006, the Director
      shall, after consulting with the Executive Boards of each
      designated high intensity drug trafficking area, submit a report
      to Congress that describes, for each designated high intensity
      drug trafficking area - 
          (A) the specific purposes for the high intensity drug
        trafficking area;
          (B) the specific long-term and short-term goals and
        objectives for the high intensity drug trafficking area;
          (C) the measurements that will be used to evaluate the
        performance of the high intensity drug trafficking area in
        achieving the long-term and short-term goals; and
          (D) the reporting requirements needed to evaluate the
        performance of the high intensity drug trafficking area in
        achieving the long-term and short-term goals.
      (2) Evaluation of HIDTA Program as part of National Drug Control
        Strategy
        For each designated high intensity drug trafficking area, the
      Director shall submit, as part of the annual National Drug
      Control Strategy report, a report that - 
          (A) describes - 
            (i) the specific purposes for the high intensity drug
          trafficking area; and
            (ii) the specific long-term and short-term goals and
          objectives for the high intensity drug trafficking area; and

          (B) includes an evaluation of the performance of the high
        intensity drug trafficking area in accomplishing the specific
        long-term and short-term goals and objectives identified under
        paragraph (1)(B).
    (l) Assessment of drug enforcement task forces in high intensity
      drug trafficking areas
      Not later than 1 year after December 29, 2006, and as part of
    each subsequent annual National Drug Control Strategy report, the
    Director shall submit to Congress a report - 
        (1) assessing the number and operation of all federally funded
      drug enforcement task forces within each high intensity drug
      trafficking area; and
        (2) describing - 
          (A) each Federal, State, local, and tribal drug enforcement
        task force operating in the high intensity drug trafficking
        area;
          (B) how such task forces coordinate with each other, with any
        high intensity drug trafficking area task force, and with
        investigations receiving funds from the Organized Crime and
        Drug Enforcement Task Force;
          (C) what steps, if any, each such task force takes to share
        information regarding drug trafficking and drug production with
        other federally funded drug enforcement task forces in the high
        intensity drug trafficking area;
          (D) the role of the high intensity drug trafficking area in
        coordinating the sharing of such information among task forces;
          (E) the nature and extent of cooperation by each Federal,
        State, local, and tribal participant in ensuring that such
        information is shared among law enforcement agencies and with
        the high intensity drug trafficking area;
          (F) the nature and extent to which information sharing and
        enforcement activities are coordinated with joint terrorism
        task forces in the high intensity drug trafficking area; and
          (G) any recommendations for measures needed to ensure that
        task force resources are utilized efficiently and effectively
        to reduce the availability of illegal drugs in the high
        intensity drug trafficking areas.
    (m) Assessment of law enforcement intelligence sharing in High
      Intensity Drug Trafficking Areas Program
      Not later than 180 days after December 29, 2006, and as part of
    each subsequent annual National Drug Control Strategy report, the
    Director, in consultation with the Director of National
    Intelligence, shall submit to Congress a report - 
        (1) evaluating existing and planned law enforcement
      intelligence systems supported by each high intensity drug
      trafficking area, or utilized by task forces receiving any
      funding under the Program, including the extent to which such
      systems ensure access and availability of law enforcement
      intelligence to Federal, State, local, and tribal law enforcement
      agencies within the high intensity drug trafficking area and
      outside of it;
        (2) the extent to which Federal, State, local, and tribal law
      enforcement agencies participating in each high intensity drug
      trafficking area are sharing law enforcement intelligence
      information to assess current drug trafficking threats and design
      appropriate enforcement strategies; and
        (3) the measures needed to improve effective sharing of
      information and law enforcement intelligence regarding drug
      trafficking and drug production among Federal, State, local, and
      tribal law enforcement participating in a high intensity drug
      trafficking area, and between such agencies and similar agencies
      outside the high intensity drug trafficking area.
    (n) Coordination of Law enforcement intelligence sharing with
      Organized Crime Drug Enforcement Task Force program
      The Director, in consultation with the Attorney General, shall
    ensure that any drug enforcement intelligence obtained by the
    Intelligence Support Center for each high intensity drug
    trafficking area is shared, on a timely basis, with the drug
    intelligence fusion center operated by the Organized Crime Drug
    Enforcement Task Force of the Department of Justice.
    (o) Use of funds to combat methamphetamine trafficking
      (1) Requirement
        As part of the documentation that supports the President's
      annual budget request for the Office, the Director shall submit
      to Congress a report describing the use of HIDTA funds to
      investigate and prosecute organizations and individuals
      trafficking in methamphetamine in the prior calendar year.
      (2) Contents
        The report shall include - 
          (A) the number of methamphetamine manufacturing facilities
        discovered through HIDTA-funded initiatives in the previous
        fiscal year;
          (B) the amounts of methamphetamine or listed chemicals (as
        that term is defined in section 802(33) of this title (!1)
        seized by HIDTA-funded initiatives in the area during the
        previous year; and

          (C) law enforcement intelligence and predictive data from the
        Drug Enforcement Administration showing patterns and trends in
        abuse, trafficking, and transportation in methamphetamine and
        listed chemicals.
      (3) Certification
        Before the Director awards any funds to a high intensity drug
      trafficking area, the Director shall certify that the law
      enforcement entities participating in that HIDTA are providing
      laboratory seizure data to the national clandestine laboratory
      database at the El Paso Intelligence Center.
    (p) Authorization of appropriations
      There is authorized to be appropriated to the Office of National
    Drug Control Policy to carry out this section - 
        (1) $240,000,000 for fiscal year 2007;
        (2) $250,000,000 for fiscal year 2008;
        (3) $260,000,000 for fiscal year 2009;
        (4) $270,000,000 for fiscal year 2010; and
        (5) $280,000,000 for each of (!2) fiscal year 2011.

    (q) Specific purposes
      (1) In general
        The Director shall ensure that, of the amounts appropriated for
      a fiscal year for the Program, at least $7,000,000 is used in
      high intensity drug trafficking areas with severe neighborhood
      safety and illegal drug distribution problems.
      (2) Required uses
        The funds used under paragraph (1) shall be used - 
          (A) to ensure the safety of neighborhoods and the protection
        of communities, including the prevention of the intimidation of
        potential witnesses of illegal drug distribution and related
        activities; and
          (B) to combat illegal drug trafficking through such methods
        as the Director considers appropriate, such as establishing or
        operating (or both) a toll-free telephone hotline for use by
        the public to provide information about illegal drug-related
        activities.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 707, Oct. 21, 1998, 112
    Stat. 2681-686; Pub. L. 109-469, title III, Secs. 301, Sec. 302(c),
    Dec. 29, 2006, 120 Stat. 3518, 3525.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      December 29, 2006, referred to in subsecs. (k)(1), (l), and (m)
    was in the original "the date of the enactment of this section",
    which was translated as meaning the date of enactment of Pub. L.
    109-469, which amended this section generally, to reflect the
    probable intent of Congress.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469, Sec. 301, amended section generally.
    Prior to amendment, section related to the High Intensity Drug
    Trafficking Areas Program.
      Subsec. (q). Pub. L. 109-469, Sec. 302(c), added subsec. (q).

                                 FINDINGS                             
      Pub. L. 109-469, title III, Sec. 302(b), Dec. 29, 2006, 120 Stat.
    3524, provided that: "Congress finds the following:
        "(1) In the early morning hours of October 16, 2002, the home
      of Carnell and Angela Dawson was firebombed in apparent
      retaliation for Mrs. Dawson's notification to police about
      persistent drug distribution activity in their East Baltimore
      City neighborhood.
        "(2) The arson claimed the lives of Mr. and Mrs. Dawson and
      their 5 young children, aged 9 to 14.
        "(3) The horrific murder of the Dawson family is a stark
      example of domestic narco-terrorism.
        "(4) In all phases of counternarcotics law enforcement - from
      prevention to investigation to prosecution to reentry - the
      voluntary cooperation of ordinary citizens is a critical
      component.
        "(5) Voluntary cooperation is difficult for law enforcement
      officials to obtain when citizens feel that cooperation carries
      the risk of violent retaliation by illegal drug trafficking
      organizations and their affiliates.
        "(6) Public confidence that law enforcement is doing all it can
      to make communities safe is a prerequisite for voluntary
      cooperation among people who may be subject to intimidation or
      reprisal (or both).
        "(7) Witness protection programs are insufficient on their own
      to provide security because many individuals and families who
      strive every day to make distressed neighborhoods livable for
      their children, other relatives, and neighbors will resist or
      refuse offers of relocation by local, State, and Federal
      prosecutorial agencies and because, moreover, the continued
      presence of strong individuals and families is critical to
      preserving and strengthening the social fabric in such
      communities.
        "(8) Where (as in certain sections of Baltimore City)
      interstate trafficking of illegal drugs has severe ancillary
      local consequences within areas designated as high intensity drug
      trafficking areas, it is important that supplementary High
      Intensity Drug Trafficking Areas Program funds be committed to
      support initiatives aimed at making the affected communities safe
      for the residents of those communities and encouraging their
      cooperation with tribal, local, State, and Federal law
      enforcement efforts to combat illegal drug trafficking."

     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".

-FOOTNOTE-
    (!1) So in original. There probably should be a closing parenthesis.

    (!2) So in original.

-End-

-CITE-
    21 USC Sec. 1707                                            01/03/2007

-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) Chief Scientist
      There shall be at the head of the Center the Chief Scientist, who
    shall be appointed by the Director from among individuals qualified
    and distinguished in the area of science, medicine, engineering, or
    technology.
    (c) Research and development responsibilities
      The Director, acting through the Chief Scientist, shall - 
        (1) identify and define the short-, medium-, and long-term
      scientific and technological needs of Federal, State, local, and
      tribal drug supply reduction agencies, including - 
          (A) advanced surveillance, tracking, and radar imaging;
          (B) electronic support measures;
          (C) communications;
          (D) data fusion, advanced computer systems, and artificial
        intelligence; and
          (E) chemical, biological, radiological (including neutron and
        electron), and other means of detection;

        (2) identify demand reduction basic and applied research needs
      and initiatives, in consultation with affected National Drug
      Control Program agencies, including - 
          (A) improving treatment through neuroscientific advances;
          (B) improving the transfer of biomedical research to the
        clinical setting; and
          (C) in consultation with the National Institute of Drug Abuse
        and the Substance Abuse and Mental Health Services
        Administration, and through interagency agreements or grants,
        examining addiction and rehabilitation research and the
        application of technology to expanding the effectiveness and
        availability of drug treatment;

        (3) make a priority ranking of such needs identified in
      paragraphs (1) and (2) according to fiscal and technological
      feasibility, as part of a National Counterdrug Research and
      Development Program;
        (4) oversee and coordinate counterdrug technology initiatives
      with related activities of other Federal civilian and military
      departments;
        (5) provide support to the development and implementation of
      the national drug control performance measurement system
      established under subsection (c) of section 1705 of this title;
      and
        (6) 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 counterdrug technology research and development.
    (d) Limitation on authority
      The authority granted to the Director under this section shall
    not extend to the awarding of contracts, management of individual
    projects, or other operational activities.
    (e) Assistance and support to the Office of National Drug Control
      Policy
      The Secretary of Defense, the Secretary of Homeland Security, 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 counterdrug technology
    assessment.
    (f) Technology transfer program
      (1) Program
        The Chief Scientist, with the advice and counsel of experts
      from State, local, and tribal law enforcement agencies, shall be
      responsible to the Director for coordination and implementation
      of a counterdrug technology transfer program.
      (2) Purpose
        The purpose of the Technology Transfer Program shall be for the
      Counterdrug Technology Assessment Center to transfer technology
      and associated training directly to State, local, and tribal law
      enforcement agencies.
      (3) Priority of receipts
        Transfers shall be made in priority order based on - 
          (A) the need of potential recipients for such technology;
          (B) the effectiveness of the technology to enhance current
        counterdrug activities of potential recipients; and
          (C) the ability and willingness of potential recipients to
        evaluate transferred technology.
      (4) Agreement authority
        The Director may enter into an agreement with the Secretary of
      Homeland Security to transfer technology with both counterdrug
      and homeland security applications to State, local, and tribal
      law enforcement agencies on a reimbursable basis.
      (5) Report
        On or before July 1 of each year, the Director shall submit a
      report to the appropriate congressional committees that addresses
      the following:
          (A) The number of requests received during the previous 12
        months, including the identity of each requesting agency and
        the type of technology requested.
          (B) The number of requests fulfilled during the previous 12
        months, including the identity of each recipient agency and the
        type of technology transferred.
          (C) A summary of the criteria used in making the
        determination on what requests were funded and what requests
        were not funded, except that such summary shall not include
        specific information on any individual requests.
          (D) A general assessment of the future needs of the program,
        based on expected changes in threats, expected technologies,
        and likely need from potential recipients.
          (E) An assessment of the effectiveness of the technologies
        transferred, based in part on the evaluations provided by the
        recipients, with a recommendation whether the technology should
        continue to be offered through the program.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 708, Oct. 21, 1998, 112
    Stat. 2681-687; Pub. L. 109-469, title IV, Sec. 401, Dec. 29, 2006,
    120 Stat. 3525.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b). Pub. L. 109-469, Sec. 401(a), amended subsec.
    (b) generally. Prior to amendment, text read as follows: "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."
      Subsec. (c). Pub. L. 109-469, Sec. 401(b)(1)(B), added subsec.
    (c) and struck out former subsec. (c) which related to additional
    responsibilities of the Director of National Drug Control Policy.
      Subsec. (d). Pub. L. 109-469, Sec. 401(c), which directed
    insertion of ", the Secretary of Homeland Security," after "The
    Secretary of Defense", could not be executed because the words "The
    Secretary of Defense" did not appear subsequent to amendment by
    Pub. L. 109-469, Sec. 401(b)(1). See below.
      Pub. L. 109-469, Sec. 401(b)(1)(B), added subsec. (d). Former
    subsec. (d) redesignated (e).
      Subsec. (e). Pub. L. 109-469, Sec. 401(b)(2), amended subsec. (e)
    generally. Prior to amendment, text read as follows: "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."
      Pub. L. 109-469, Sec. 401(b)(1)(A), redesignated subsec. (d) as
    (e).
      Subsec. (f). Pub. L. 109-469, Sec. 401(b)(3), added subsec. (f).

-End-

-CITE-
    21 USC Sec. 1708                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1708. National youth anti-drug media campaign

-STATUTE-
    (a) In general
      The Director shall conduct a national youth anti-drug media
    campaign (referred to in this chapter (!1) as the "national media
    campaign") in accordance with this section for the purposes of - 

        (1) preventing drug abuse among young people in the United
      States;
        (2) increasing awareness of adults of the impact of drug abuse
      on young people; and
        (3) encouraging parents and other interested adults to discuss
      with young people the dangers of illegal drug use.
    (b) Use of funds
      (1) In general
        Amounts made available to carry out this section for the
      national media campaign may only be used for the following:
          (A) The purchase of media time and space, including the
        strategic planning for, and accounting of, such purchases.
          (B) Creative and talent costs, consistent with paragraph
        (2)(A).
          (C) Advertising production costs.
          (D) Testing and evaluation of advertising.
          (E) Evaluation of the effectiveness of the national media
        campaign.
          (F) The negotiated fees for the winning bidder on requests
        for proposals issued either by the Office or its designee to
        enter into contracts to carry out activities authorized by this
        section.
          (G) Partnerships with professional and civic groups,
        community-based organizations, including faith-based
        organizations, and government organizations related to the
        national media campaign.
          (H) Entertainment industry outreach, interactive outreach,
        media projects and activities, public information, news media
        outreach, and corporate sponsorship and participation.
          (I) Operational and management expenses.
      (2) Specific requirements
        (A) Creative services
          (i) In using amounts for creative and talent costs under
        paragraph (1)(B), the Director shall use creative services
        donated at no cost to the Government (including creative
        services provided by the Partnership for a Drug-Free America)
        wherever feasible and may only procure creative services for
        advertising - 
            (I) responding to high-priority or emergent campaign needs
          that cannot timely be obtained at no cost; or
            (II) intended to reach a minority, ethnic, or other special
          audience that cannot reasonably be obtained at no cost; or
            (III) the Director determines that the Partnership for a
          Drug-Free America is unable to provide, pursuant to
          subsection (d)(2)(B).

          (ii) Subject to the availability of appropriations, no more
        than $1,500,000 may be expended under this section each fiscal
        year on creative services, except that the Director may expend
        up to $2,000,000 in a fiscal year on creative services to meet
        urgent needs of the national media campaign with advance
        approval from the Committee on Appropriations of the Senate and
        of the House of Representatives upon a showing of the
        circumstances causing such urgent needs of the national media
        campaign.
        (B) Testing and evaluation of advertising
          In using amounts for testing and evaluation of advertising
        under paragraph (1)(D), the Director shall test all
        advertisements prior to use in the national media campaign to
        ensure that the advertisements are effective and meet industry-
        accepted standards. The Director may waive this requirement
        for advertisements using no more than 10 percent of the
        purchase of advertising time purchased under this section in a
        fiscal year and no more than 10 percent of the advertising
        space purchased under this section in a fiscal year, if the
        advertisements respond to emergent and time-sensitive campaign
        needs or the advertisements will not be widely utilized in the
        national media campaign.
        (C) Evaluation of effectiveness of media campaign
          In using amounts for the evaluation of the effectiveness of
        the national media campaign under paragraph (1)(E), the
        Director shall - 
            (i) designate an independent entity to evaluate by April 20
          of each year the effectiveness of the national media campaign
          based on data from - 
              (I) the Monitoring the Future Study published by the
            Department of Health and Human Services;
              (II) the Attitude Tracking Study published by the
            Partnership for a Drug-Free America;
              (III) the National Household Survey on Drug Abuse; and
              (IV) other relevant studies or publications, as
            determined by the Director, including tracking and
            evaluation data collected according to marketing and
            advertising industry standards; and

            (ii) ensure that the effectiveness of the national media
          campaign is evaluated in a manner that enables consideration
          of whether the national media campaign has contributed to
          reduction of illicit drug use among youth and such other
          measures of evaluation as the Director determines are
          appropriate.
      (3) Purchase of advertising time and space
        Subject to the availability of appropriations, for each fiscal
      year, not less than 77 percent of the amounts appropriated under
      this section shall be used for the purchase of advertising time
      and space for the national media campaign, subject to the
      following exceptions:
          (A) In any fiscal year for which less than $125,000,000 is
        appropriated for the national media campaign, not less than 72
        percent of the amounts appropriated under this section shall be
        used for the purchase of advertising time and space for the
        national media campaign.
          (B) In any fiscal year for which more than $195,000,000 is
        appropriated under this section, not less than 82 percent shall
        be used for advertising production costs and the purchase of
        advertising time and space for the national media campaign.
    (c) Advertising
      In carrying out this section, the Director shall ensure that
    sufficient funds are allocated to meet the stated goals of the
    national media campaign.
    (d) Division of responsibilities and functions under the program
      (1) In general
        The Director, in consultation with the Partnership for a Drug-
      Free America, shall determine the overall purposes and strategy
      of the national media campaign.
      (2) Responsibilities
        (A) Director
          The Director shall be responsible for implementing a focused
        national media campaign to meet the purposes set forth in
        subsection (a), and shall approve - 
            (i) the strategy of the national media campaign;
            (ii) all advertising and promotional material used in the
          national media campaign; and
            (iii) the plan for the purchase of advertising time and
          space for the national media campaign.
        (B) The Partnership for a Drug-Free America
          The Director shall request that the Partnership for a Drug-
        Free America - 
            (i) develop and recommend strategies to achieve the goals
          of the national media campaign, including addressing national
          and local drug threats in specific regions or States, such as
          methamphetamine and ecstasy;
            (ii) create all advertising to be used in the national
          media campaign, except advertisements that are - 
              (I) provided by other nonprofit entities pursuant to
            subsection (f);
              (II) intended to respond to high-priority or emergent
            campaign needs that cannot timely be obtained at no cost
            (not including production costs and talent reuse payments),
            provided that any such advertising material is reviewed by
            the Partnership for a Drug-Free America;
              (III) intended to reach a minority, ethnic, or other
            special audience that cannot be obtained at no cost (not
            including production costs and talent reuse payments),
            provided that any such advertising material is reviewed by
            the Partnership for a Drug-Free America; or
              (IV) any other advertisements that the Director
            determines that the Partnership for a Drug-Free America is
            unable to provide or if the Director determines that
            another entity is more appropriate, subject to the
            requirements of subsection (b)(2)(A).

        If the Director determines that another entity is more
        appropriate under clause (ii)(IV), the Director shall notify
        Congress, through the committees of jurisdiction in the House
        and Senate, in writing, not less than 30 days prior to
        contracting with a party other than the Partnership for a Drug-
        Free America.
        (C) Media buying contractor
          The Director shall enter into a contract with a media buying
        contractor to plan and purchase advertising time and space for
        the national media campaign. The media buying contractor shall
        not provide any other service or material, or conduct any other
        function or activity which the Director determines should be
        provided by the Partnership for a Drug-Free America.
    (e) Prohibitions
      None of the amounts made available under subsection (b) may be
    obligated or expended for any of the following:
        (1) To supplant current anti-drug community-based coalitions.
        (2) To supplant pro bono public service time donated by
      national and local broadcasting networks for other public service
      campaigns.
        (3) For partisan political purposes, or express advocacy in
      support of or to defeat any clearly identified candidate, clearly
      identified ballot initiative, or clearly identified legislative
      or regulatory proposal.
        (4) To fund advertising that features any elected officials,
      persons seeking elected office, cabinet level officials, or other
      Federal officials employed pursuant to section 213 of Schedule C
      of title 5, Code of Federal Regulations.
        (5) To fund advertising that does not contain a primary message
      intended to reduce or prevent illicit drug use.
        (6) To fund advertising containing a primary message intended
      to promote support for the media campaign or private sector
      contributions to the media campaign.
    (f) Matching requirement
      (1) In general
        Amounts made available under subsection (b) for media time and
      space shall be matched by an equal amount of non-Federal funds
      for the national media campaign, or be matched with in-kind
      contributions of the same value.
      (2) No-cost match advertising direct relationship requirement
        The Director shall ensure that at least 70 percent of no-cost
      match advertising provided directly relates to substance abuse
      prevention consistent with the specific purposes of the national
      media campaign, except that in any fiscal year in which less than
      $125,000,000 is appropriated to the national media campaign, the
      Director shall ensure that at least 85 percent of no-cost match
      advertising directly relates to substance abuse prevention
      consistent with the specific purposes of the national media
      campaign.
      (3) No-cost match advertising not directly related
        The Director shall ensure that no-cost match advertising that
      does not directly relate to substance abuse prevention consistent
      with the purposes of the national media campaign includes a clear
      anti-drug message. Such message is not required to be the primary
      message of the match advertising.
    (g) Financial and performance accountability
      The Director shall cause to be performed - 
        (1) audits and reviews of costs of the national media campaign
      pursuant to section 254d of title 41; and
        (2) an audit to determine whether the costs of the national
      media campaign are allowable under section 256 of title 41.
    (h) Report to Congress
      The Director shall submit on an annual basis a report to Congress
    that describes - 
        (1) the strategy of the national media campaign and whether
      specific objectives of the media campaign were accomplished;
        (2) steps taken to ensure that the national media campaign
      operates in an effective and efficient manner consistent with the
      overall strategy and focus of the national media campaign;
        (3) plans to purchase advertising time and space;
        (4) policies and practices implemented to ensure that Federal
      funds are used responsibly to purchase advertising time and space
      and eliminate the potential for waste, fraud, and abuse; and
        (5) all contracts entered into with a corporation, partnership,
      or individual working on behalf of the national media campaign.
    (i) Local target requirement
      The Director shall, to the maximum extent feasible, use amounts
    made available under this section for media that focuses on, or
    includes specific information on, prevention or treatment resources
    for consumers within specific local areas.
    (j) Prevention of marijuana use
      (1) Findings
        The Congress finds the following:
          (A) 60 percent of adolescent admissions for drug treatment
        are based on marijuana use.
          (B) Potency levels of contemporary marijuana, particularly
        hydroponically grown marijuana, are significantly higher than
        in the past, rising from under 1 percent of THC in the mid-
        1970s to as high as 30 percent today.
          (C) Contemporary research has demonstrated that youths
        smoking marijuana early in life may be up to 5 times more
        likely to use hard drugs.
          (D) Contemporary research has demonstrated clear detrimental
        effects in adolescent educational achievement resulting from
        marijuana use.
          (E) Contemporary research has demonstrated clear detrimental
        effects in adolescent brain development resulting from
        marijuana use.
          (F) An estimated 9,000,000 Americans a year drive while under
        the influence of illegal drugs, including marijuana.
          (G) Marijuana smoke contains 50 to 70 percent more of certain
        cancer causing chemicals than tobacco smoke.
          (H) Teens who use marijuana are up to 4 times more likely to
        have a teen pregnancy than teens who have not.
          (I) Federal law enforcement agencies have identified clear
        links suggesting that trade in hydroponic marijuana facilitates
        trade by criminal organizations in hard drugs, including
        heroin.
          (J) Federal law enforcement agencies have identified possible
        links between trade in cannabis products and financing for
        terrorist organizations.
      (2) Emphasis on prevention of youth marijuana use
        In conducting advertising and activities otherwise authorized
      under this section, the Director may emphasize prevention of
      youth marijuana use.
    (k) Prevention of methamphetamine abuse and other emerging drug
      abuse threats
      (1) Requirement to use 10 percent of funds for methamphetamine
        abuse prevention
        The Director shall ensure that, of the amounts appropriated
      under this section for the national media campaign for a fiscal
      year, not less than 10 percent shall be expended solely for the
      activities described in subsection (b)(1) with respect to
      advertisements specifically intended to reduce the use of
      methamphetamine.
      (2) Authority to use funds for other drug abuse upon
        certification that methamphetamine abuse fell during fiscal
        year 2007
        With respect to fiscal year 2008 and any fiscal year
      thereafter, if the Director certifies in writing to Congress that
      domestic methamphetamine laboratory seizures (as reported to the
      El Paso Intelligence Center of the Drug Enforcement
      Administration) decreased to at least 75 percent of the 2006
      level, or the Director has documented a highly, statistically
      significant increase in a specific drug, from a baseline
      determined by locally collected data, that can be defined as a
      local drug crisis, the Director may apply paragraph (1)(A) for
      that fiscal year with respect to advertisements specifically
      intended to reduce the use of such other drugs.
    (l) Authorization of appropriations
      There is authorized to be appropriated to the Office to carry out
    this section, $195,000,000 for each of fiscal years 2007 and 2008
    and $210,000,000 for each of fiscal years 2009 through 2011.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 709, Oct. 21, 1998, 112
    Stat. 2681-688; Pub. L. 109-469, title V, Sec. 501(a), Dec. 29,
    2006, 120 Stat. 3527.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this subtitle" 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. Title VII does not contain
    subtitles. For complete classification of title VII to the Code,
    see Short Title note set out under section 1701 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469 amended section catchline and text
    generally. Prior to amendment, section related to the President's
    Council on Counter-Narcotics.

-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, Secs. 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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    21 USC Sec. 1708a                                           01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1708a. Annual report requirement

-STATUTE-
    (a) In general
      On or before February 1 of each year, the Director shall submit a
    report to Congress that describes - 
        (1) the strategy of the national media campaign and whether
      specific objectives of the campaign were accomplished;
        (2) steps taken to ensure that the national media campaign
      operates in an effective and efficient manner consistent with the
      overall strategy and focus of the campaign;
        (3) plans to purchase advertising time and space;
        (4) policies and practices implemented to ensure that Federal
      funds are used responsibly to purchase advertising time and space
      and eliminate the potential for waste, fraud, and abuse;
        (5) all contracts entered into with a corporation, partnership,
      or individual working on behalf of the national media campaign;
        (6) specific policies and steps implemented to ensure
      compliance with title IV of this Act;
        (7) steps taken to ensure that the national media campaign will
      secure, to the maximum extent possible, no cost matches of
      advertising time and space or in-kind contributions that are
      directly related to the campaign in accordance with title IV of
      this Act; and
        (8) a review and evaluation of the effectiveness of the
      national media campaign strategy for the past year.
    (b) Audit
      The Government Accountability Office shall, at a frequency of not
    less than once per year - 
        (1) conduct and supervise an audit and investigation relating
      to the programs and operations of the - 
          (A) Office; or
          (B) certain programs within the Office, including - 
            (i) the High Intensity Drug Trafficking Areas Program;
            (ii) the Counterdrug Technology Assessment Center; or
            (iii) the National Youth Anti-drug Media Campaign; and

        (2) provide the Director and the appropriate congressional
      committees with a report containing an evaluation of and
      recommendations on the - 
          (A) policies and activities of the programs and operations
        subject to the audit and investigation;
          (B) economy, efficiency, and effectiveness in the
        administration of the reviewed programs and operations; and
          (C) policy or management changes needed to prevent and detect
        fraud and abuse in such programs and operations.

-SOURCE-
    (Pub. L. 109-469, title II, Sec. 203, Dec. 29, 2006, 120 Stat.
    3517.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Title IV of this Act, referred to in subsec. (a)(6), (7), is
    title IV of Pub. L. 109-469, Dec. 29, 2006, 120 Stat. 3525, which
    amended section 1707 of this title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Office of National Drug
    Control Policy Reauthorization Act of 2006, and not as part of the
    Office of National Drug Control Policy Reauthorization Act of 1998
    which comprises this chapter.

-End-

-CITE-
    21 USC Sec. 1709                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1709. Repealed.

-MISC1-
    Sec. 1709. Repealed. Pub. L. 109-469, title XI, Sec. 1101(a), Dec.
      29, 2006, 120 Stat. 3539.
      Section, Pub. L. 105-277, div. C, title VII, Sec. 710, Oct. 21,
    1998, 112 Stat. 2681-689, related to Parents Advisory Council on
    Youth Drug Abuse.

-End-

-CITE-
    21 USC Sec. 1710                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1710. Drug Interdiction Coordinator and Committee

-STATUTE-
    (a) United States Interdiction Coordinator
      (1) In general
        The United States Interdiction Coordinator shall perform the
      duties of that position described in paragraph (2) and such other
      duties as may be determined by the Director with respect to
      coordination of efforts to interdict illicit drugs from entering
      the United States.
      (2) Responsibilities
        The United States Interdiction Coordinator shall be responsible
      to the Director for - 
          (A) coordinating the interdiction activities of the National
        Drug Control Program agencies to ensure consistency with the
        National Drug Control Strategy;
          (B) on behalf of the Director, developing and issuing, on or
        before March 1 of each year and in accordance with paragraph
        (3), a National Interdiction Command and Control Plan to ensure
        the coordination and consistency described in subparagraph (A);
          (C) assessing the sufficiency of assets committed to illicit
        drug interdiction by the relevant National Drug Control Program
        agencies; and
          (D) advising the Director on the efforts of each National
        Drug Control Program agency to implement the National
        Interdiction Command and Control Plan.
      (3) Staff
        The Director shall assign such permanent staff of the Office as
      he considers appropriate to assist the United States Interdiction
      Coordinator to carry out the responsibilities described in
      paragraph (2), and may also, at his discretion, request that
      appropriate National Drug Control Program agencies detail or
      assign staff to the Office of Supply Reduction for that purpose.
      (4) National Interdiction Command and Control Plan
        (A) Purposes
          The National Interdiction Command and Control Plan shall - 
            (i) set forth the Government's strategy for drug
          interdiction;
            (ii) state the specific roles and responsibilities of the
          relevant National Drug Control Program agencies for
          implementing that strategy; and
            (iii) identify the specific resources required to enable
          the relevant National Drug Control Program agencies to
          implement that strategy.
        (B) Consultation with other agencies
          The United States Interdiction Coordinator shall issue the
        National Interdiction Command and Control Plan in consultation
        with the other members of the Interdiction Committee described
        in subsection (b).
        (C) Limitation
          The National Interdiction Command and Control Plan shall not
        change existing agency authorities or the laws governing
        interagency relationships, but may include recommendations
        about changes to such authorities or laws.
        (D) Report to Congress
          On or before March 1 of each year, the United States
        Interdiction Coordinator shall provide a report on behalf of
        the Director to the appropriate congressional committees, to
        the Committee on Armed Services and the Committee on Homeland
        Security of the House of Representatives, and to the Committee
        on Homeland Security and Governmental Affairs and the Committee
        on Armed Services of the Senate, which shall include - 
            (i) a copy of that year's National Interdiction Command and
          Control Plan;
            (ii) information for the previous 10 years regarding the
          number and type of seizures of drugs by each National Drug
          Control Program agency conducting drug interdiction
          activities, as well as statistical information on the
          geographic areas of such seizures; and
            (iii) information for the previous 10 years regarding the
          number of air and maritime patrol hours undertaken by each
          National Drug Control Program agency conducting drug
          interdiction activities, as well as statistical information
          on the geographic areas in which such patrol hours took
          place.
        (E) Treatment of classified or law enforcement sensitive
          information
          Any content of the report described in subparagraph (D) that
        involves information classified under criteria established by
        an Executive order, or the public disclosure of which, as
        determined by the Director, the Director of National
        Intelligence, or the head of any Federal Government agency the
        activities of which are described in the plan, would be
        detrimental to the law enforcement or national security
        activities of any Federal, State, or local agency, shall be
        presented to Congress separately from the rest of the report.
    (b) Interdiction Committee
      (1) In general
        The Interdiction Committee shall meet to - 
          (A) discuss and resolve issues related to the coordination,
        oversight and integration of international, border, and
        domestic drug interdiction efforts in support of the National
        Drug Control Strategy;
          (B) review the annual National Interdiction Command and
        Control Plan, and provide advice to the Director and the United
        States Interdiction Coordinator concerning that plan; and
          (C) provide such other advice to the Director concerning drug
        interdiction strategy and policies as the committee determines
        is appropriate.
      (2) Chairman
        The Director shall designate one of the members of the
      Interdiction Committee to serve as chairman.
      (3) Meetings
        The members of the Interdiction Committee shall meet, in person
      and not through any delegate or representative, at least once per
      calendar year, prior to March 1. At the call of either the
      Director or the current chairman, the Interdiction Committee may
      hold additional meetings, which shall be attended by the members
      either in person, or through such delegates or representatives as
      they may choose.
      (4) Report
        Not later than September 30 of each year, the chairman of the
      Interdiction Committee shall submit a report to the Director and
      to the appropriate congressional committees describing the
      results of the meetings and any significant findings of the
      Committee during the previous 12 months. Any content of such a
      report that involves information classified under criteria
      established by an Executive order, or whose public disclosure, as
      determined by the Director, the chairman, or any member, would be
      detrimental to the law enforcement or national security
      activities of any Federal, State, local, or tribal agency, shall
      be presented to Congress separately from the rest of the report.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 711, Oct. 21, 1998, 112
    Stat. 2681-691; Pub. L. 109-469, title I, Sec. 103(f)(1), Dec. 29,
    2006, 120 Stat. 3507.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469, which directed that section 711 of Office
    of National Drug Control Policy Reauthorization Act of 1998 (Pub.
    L. 105-277, div. C, title VII) be amended by "adding at the end" a
    new section 711, was executed by substituting the new section 711
    for this section which was the existing section 711 of the Act, to
    reflect the probable intent of Congress. Prior to amendment, this
    section related to drug interdiction.

-End-

-CITE-
    21 USC Sec. 1710a                                           01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

-HEAD-
    Sec. 1710a. Requirement for disclosure of Federal sponsorship of
      all Federal advertising or other communication materials

-STATUTE-
    (a) Requirement
      Each advertisement or other communication paid for by the Office,
    either directly or through a contract awarded by the Office, shall
    include a prominent notice informing the target audience that the
    advertisement or other communication is paid for by the Office.
    (b) Advertisement or other communication
      In this section, the term "advertisement or other communication"
    includes - 
        (1) an advertisement disseminated in any form, including print
      or by any electronic means; and
        (2) a communication by an individual in any form, including
      speech, print, or by any electronic means.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 712, as added Pub. L. 109-
    469, title XI, Sec. 1118, Dec. 29, 2006, 120 Stat. 3546.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-COD-
                               CODIFICATION                           
      Another section 712 of title VII of div. C of Pub. L. 105-277
    amended former section 1509 of this title.

-End-

-CITE-
    21 USC Sec. 1711                                            01/03/2007

-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
    except activities otherwise specified, to remain available until
    expended, such sums as may be necessary for each of fiscal years
    2006 through 2010.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 714, Oct. 21, 1998, 112
    Stat. 2681-693; Pub. L. 109-469, title VI, Sec. 601, Dec. 29, 2006,
    120 Stat. 3533.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, 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 Pub. L. 105-277, div. C, Oct. 21,
    1998, 112 Stat. 2681-670, which is classified principally to this
    chapter. For complete classification of title VII to the Code, see
    Short Title note set out under section 1701 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469 substituted "chapter except activities
    otherwise specified," for "chapter," and "2006 through 2010" for
    "1999 through 2003".

                              APPROPRIATIONS                          
      Provisions appropriating funds to carry out activities authorized
    by the Office of National Drug Control Policy Reauthorization Act
    of 1998, which enacted this chapter, notwithstanding section 1712
    of this title, were contained in the following appropriation acts:
      Pub. L. 109-115, div. A, title V, Nov. 30, 2005, 119 Stat. 2475.
      Pub. L. 108-447, div. H, title III, Dec. 8, 2004, 118 Stat. 3249,
    3250.
      Pub. L. 108-199, div. F, title III, Jan. 23, 2004, 118 Stat. 324.

-End-

-CITE-
    21 USC Sec. 1712                                            01/03/2007

-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, 2010, this chapter and the amendments made to 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; Pub. L. 109-469, title VI, Sec. 602, Dec. 29, 2006,
    120 Stat. 3533.)

-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, 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.

-COD-
                               CODIFICATION                           
      The repeal of this chapter and of the amendments made by this
    chapter, effective Sept. 30, 2003, by this section, as in effect on
    Sept. 30, 2003, has not been given effect in the Code, to reflect
    the probable intent of Congress, because of the amendment to this
    section by Pub. L. 109-469 which substituted "September 30, 2010"
    for "September 30, 2003" as the effective date of the repeal. See
    2006 Amendment note below.

-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-469 substituted "September 30, 2010, this
    chapter and the amendments made to this chapter" for "September 30,
    2003, this chapter and the amendments made by this chapter".

-End-

-CITE-
    21 USC Sec. 1713                                            01/03/2007

-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.

-End-

-CITE-
    21 USC Sec. 1714                                            01/03/2007

-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 22 - NATIONAL DRUG CONTROL POLICY

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

-STATUTE-
    (a) Awards required
      The Director shall make competitive awards to fund demonstration
    programs by eligible partnerships for the purpose of reducing the
    use of illicit drugs by chronic hard-drug users living in the
    community while under the supervision of the criminal justice
    system.
    (b) Use of award amounts
      Award amounts received under this section shall be used - 
        (1) to support the efforts of the agencies, organizations, and
      researchers included in the eligible partnership;
        (2) to develop and field a drug testing and graduated sanctions
      program for chronic hard-drug users living in the community under
      criminal justice supervision; and
        (3) to assist individuals described in subsection (a) by
      strengthening rehabilitation efforts through such means as job
      training, drug treatment, or other services.
    (c) Eligible partnership defined
      In this section, the term "eligible partnership" means a working
    group whose application to the Director - 
        (1) identifies the roles played, and certifies the involvement
      of, two or more agencies or organizations, which may include - 
          (A) State, local, or tribal agencies (such as those carrying
        out police, probation, prosecution, courts, corrections,
        parole, or treatment functions);
          (B) Federal agencies (such as the Drug Enforcement Agency,
        the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and
        United States Attorney offices); and
          (C) community-based organizations;

        (2) includes a qualified researcher;
        (3) includes a plan for using judicial or other criminal
      justice authority to administer drug tests to individuals
      described in subsection (a) at least twice a week, and to swiftly
      and certainly impose a known set of graduated sanctions for non-
      compliance with community-release provisions relating to drug
      abstinence (whether imposed as a pre-trial, probation, or parole
      condition or otherwise);
        (4) includes a strategy for responding to a range of substance
      use and abuse problems and a range of criminal histories;
        (5) includes a plan for integrating data infrastructure among
      the agencies and organizations included in the eligible
      partnership to enable seamless, real-time tracking of individuals
      described in subsection (a);
        (6) includes a plan to monitor and measure the progress toward
      reducing the percentage of the population of individuals
      described in subsection (a) who, upon being summoned for a drug
      test, either fail to show up or who test positive for drugs.
    (d) Reports to Congress
      (1) Interim report
        Not later than June 1, 2009, the Director shall submit to
      Congress a report that identifies the best practices in reducing
      the use of illicit drugs by chronic hard-drug users, including
      the best practices identified through the activities funded under
      this section.
      (2) Final report
        Not later than June 1, 2010, the Director shall submit to
      Congress a report on the demonstration programs funded under this
      section, including on the matters specified in paragraph (1).
    (e) Authorization of appropriations
      There is authorized to be appropriated to carry out this section
    $4,900,000 for each of fiscal years 2007 through 2009.

-SOURCE-
    (Pub. L. 105-277, div. C, title VII, Sec. 716, as added Pub. L. 109-
    469, title XI, Sec. 1119, Dec. 29, 2006, 120 Stat. 3547.)

-STATAMEND-
                             REPEAL OF SECTION                         
      For repeal of section on Sept. 30, 2010, see section 1712 of this
    title.

-End-