-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