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21 U.S.C. § 1708 — Emerging Threats Committee, plan, and

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21 U.S.C. § 1708 — Emerging Threats Committee, plan, and

Page 983 TITLE 21—FOOD AND DRUGS § 1708 COMBATING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY DRUG TRAFFICKING AREAS Pub. L. 106–310, div. B, title XXXVI, § 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 methamphet- amine 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 ap- propriate Federal, State, and local governmental agencies for employing additional Federal law en- forcement personnel, or facilitating the employment of additional State and local law enforcement per- sonnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative as- sistants, and drug-prevention specialists. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized 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 fis- cal 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 fol- lowing factors: ‘‘(A) The number of methamphetamine manufac- turing facilities and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year. ‘‘(B) The number of methamphetamine prosecu- ti

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Page 983 TITLE 21—FOOD AND DRUGS § 1708 COMBATING METHAMPHETAMINE AND AMPHETAMINE IN HIGH INTENSITY DRUG TRAFFICKING AREAS Pub. L. 106–310, div. B, title XXXVI, § 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 methamphet- amine 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 ap- propriate Federal, State, and local governmental agencies for employing additional Federal law en- forcement personnel, or facilitating the employment of additional State and local law enforcement per- sonnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative as- sistants, and drug-prevention specialists. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized 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 fis- cal 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 fol- lowing factors: ‘‘(A) The number of methamphetamine manufac- turing facilities and amphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the previous fiscal year. ‘‘(B) The number of methamphetamine prosecu- tions 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 fis- cal year. ‘‘(D) The amounts of methamphetamine, amphet- amine, 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 Depart- ment of Health and Human Services showing pat- terns and trends in abuse, trafficking, and transpor- tation 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 clandes- tine 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 ap- propriated 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 strat- egy 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’’. § 1707. Repealed. Pub. L. 115–271, title VIII, § 8222(3), Oct. 24, 2018, 132 Stat. 4143 Section, Pub. L. 105–277, div. C, title VII, §§ 708, 715, Oct. 21, 1998, 112 Stat. 2681–687, 2681–693; Pub. L. 109–469, title IV, § 401, title VI, § 602, Dec. 29, 2006, 120 Stat. 3525, 3533; Pub. L. 115–271, title VIII, § 8202(a), (b)(2), Oct. 24, 2018, 132 Stat. 4110, related to Counter-Drug Technology Assessment Center. § 1708. Emerging Threats Committee, plan, and media campaign (a) Emerging and Continuing Threats Coordi- nator The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that posi- tion described in this section and such other du- ties as may be determined by the Director. For purposes of carrying out the previous sentence, the Director shall designate or appoint an ap- pointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent). (b) Emerging Threats Committee (1) In general The Emerging Threats Committee shall— (A) monitor evolving and emerging drug threats in the United States; (B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6); (C) assist in the formulation of and oversee implementation of any plan described in subsection (d); (D) provide such other advice to the Coor- dinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and (E) disseminate and facilitate the sharing with Federal, State, local, and Tribal offi- cials and other entities as determined by the Director of pertinent information and data relating to— (i) recent trends in drug supply and de- mand; (ii) fatal and nonfatal overdoses; (iii) demand for and availability of evi- dence-based substance use disorder treat- ment, including the extent of the unmet treatment need, and treatment admission trends; (iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and (v) other subject matter as determined necessary by the Director. (2) Chairperson The Director shall designate one of the members of the Emerging Threats Committee to serve as Chairperson. (3) Members The Director shall appoint other members of the Committee, which shall include— Page 984 TITLE 21—FOOD AND DRUGS § 1708 (A) representatives from National Drug Control Program agencies or other agencies; (B) representatives from State, local, and Tribal governments; and (C) representatives from other entities as designated by the Director. (4) Meetings The members of the Emerging Threats Com- mittee shall meet, in person and not through any delegate or representative, not less fre- quently than once per calendar year, before June 1. At the call of the Director or the Chairperson, the Emerging Threats Com- mittee may hold additional meetings as the members may choose. (5) Contract, agreement, and other authority The Director may award contracts, enter into interagency agreements, manage indi- vidual projects, and conduct other activities in support of the identification of emerging drug threats and in support of the develop- ment, implementation, and assessment of any Emerging Threat Response Plan. (6) Criteria to identify emerging drug threats Not later than 180 days after the date on which the Committee first meets, the Com- mittee shall develop and recommend to the Di- rector criteria to be used to identify an emerg- ing drug threat or the termination of an emerging drug threat designation based on in- formation gathered by the Committee, statis- tical data, and other evidence. (c) Designation (1) In general The Director, in consultation with the Coor- dinator, the Committee, and the head of each National Drug Control Program agency, may designate an emerging drug threat in the United States. (2) Standards for designation The Director, in consultation with the Coor- dinator, shall promulgate and make publicly available standards by which a designation under paragraph (1) and the termination of such designation may be made. In developing such standards, the Director shall consider the recommendations of the committee and other criteria the Director considers to be appro- priate. (3) Public statement required The Director shall publish a public written statement on the portal of the Office explain- ing the designation of an emerging drug threat or the termination of such designation and shall notify the appropriate congressional committees of the availability of such state- ment when a designation or termination of such designation has been made. (d) Plan (1) Public availability of plan Not later than 90 days after making a des- ignation under subsection (c), the Director shall publish and make publicly available an Emerging Threat Response Plan and notify the President and the appropriate congres- sional committees of such plan’s availability. (2) Timing Concurrently with the annual submissions under section 1705(g) of this title, the Director shall update the plan and report on implemen- tation of the plan, until the Director issues the public statement required under sub- section (c)(3) to terminate the emerging drug threat designation. (3) Contents of an emerging threat response plan The Director shall include in the plan re- quired under this subsection— (A) a comprehensive strategic assessment of the emerging drug threat, including the current availability of, demand for, and ef- fectiveness of evidence-based prevention, treatment, and enforcement programs and efforts to respond to the emerging drug threat; (B) comprehensive, research-based, short- and long-term, quantifiable goals for ad- dressing the emerging drug threat, including for reducing the supply of the drug des- ignated as the emerging drug threat and for expanding the availability and effectiveness of evidence-based substance use disorder treatment and prevention programs to re- duce the demand for the emerging drug threat; (C) performance measures pertaining to the plan’s goals, including quantifiable and measurable objectives and specific targets; (D) the level of funding needed to imple- ment the plan, including whether funding is available to be reprogrammed or transferred to support implementation of the plan or whether additional appropriations are nec- essary to implement the plan; (E) an implementation strategy for the media campaign under subsection (f), includ- ing goals as described under subparagraph (B) of this paragraph and performance meas- ures, objectives, and targets, as described under subparagraph (C) of this paragraph; and (F) any other information necessary to in- form the public of the status, progress, or re- sponse to an emerging drug threat. (4) Implementation (A) In general Not later than 120 days after the date on which a designation is made under sub- section (c), the Director, in consultation with the President, the appropriate congres- sional committees, and the head of each Na- tional Drug Control Program agency, shall issue guidance on implementation of the plan described in this subsection to the Na- tional Drug Control Program agencies and any other relevant agency determined to be necessary by the Director. (B) Coordinator’s responsibilities The Coordinator shall— (i) direct the implementation of the plan among the agencies identified in the plan, State, local, and Tribal governments, and other relevant entities; (ii) facilitate information-sharing be- tween agencies identified in the plan, Page 985 TITLE 21—FOOD AND DRUGS § 1708 State, local, and Tribal governments, and other relevant entities; and (iii) monitor implementation of the plan by coordinating the development and im- plementation of collection and reporting systems to support performance measure- ment and adherence to the plan by agen- cies identified in the plan, where appro- priate. (C) Reporting Not later than 180 days after the date on which a designation is made under sub- section (c) and in accordance with subpara- graph (A), the head of each agency identified in the plan shall submit to the Coordinator a report on implementation of the plan. (e) Evaluation of media campaign Upon designation of an emerging drug threat, the Director shall evaluate whether a media campaign would be appropriate to address that threat. (f) National anti-drug media campaign (1) In general The Director shall, to the extent feasible and appropriate, conduct a national anti-drug media campaign (referred to in this subsection as the ‘‘national media campaign’’) in accord- ance with this subsection for the purposes of— (A) preventing substance abuse among peo- ple in the United States; (B) educating the public about the dangers and negative consequences of substance use and abuse, including patient and family edu- cation about the characteristics and hazards of substance abuse and methods to safeguard against substance use, to include the safe disposal of prescription medications; (C) supporting evidence-based prevention programs targeting the attitudes, percep- tion, and beliefs of persons concerning sub- stance use and intentions to initiate or con- tinue such use; (D) encouraging individuals affected by substance use disorders to seek treatment and providing such individuals with informa- tion on— (i) how to recognize addiction issues; (ii) what forms of evidence-based treat- ment options are available; and (iii) how to access such treatment; (E) combating the stigma of addiction and substance use disorders, including the stig- ma of treating such disorders with medica- tion-assisted treatment therapies; and (F) informing the public about the dangers of any drug identified by the Director as an emerging drug threat as appropriate. (2) Use of funds (A) In general Amounts made available to carry out this subsection for the national media campaign may only be used for the following: (i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such pur- chases. (ii) Creative and talent costs, consistent with subparagraph (B)(i). (iii) Advertising production costs, which may include television, radio, internet, so- cial media, and other commercial mar- keting venues. (iv) Testing and evaluation of adver- tising. (v) Evaluation of the effectiveness of the national media campaign. (vi) Costs of contracts to carry out ac- tivities authorized by this subsection. (vii) Partnerships with professional and civic groups, community-based organiza- tions, including faith-based organizations, and government organizations related to the national media campaign. (viii) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation. (ix) Operational and management ex- penses. (B) Specific requirements (i) Creative services In using amounts for creative and talent costs under subparagraph (A)(ii), the Di- rector shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising— (I) responding to high-priority or emer- gent campaign needs that cannot timely be obtained at no cost; or (II) intended to reach a minority, eth- nic, or other special audience that can- not reasonably be obtained at no cost. (ii) Testing and evaluation of advertising In using amounts for testing and evalua- tion of advertising under subparagraph (A)(iv), the Director shall test all adver- tisements prior to use in the national media campaign to ensure that the adver- tisements are effective with the target au- dience and meet industry-accepted stand- ards. The Director may waive this require- ment for advertisements using no more than 10 percent of the purchase of adver- tising time purchased under this sub- section in a fiscal year and no more than 10 percent of the advertising space pur- chased under this subsection in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media cam- paign. (iii) Consultation For the planning of the campaign under paragraph (1), the Director may consult with— (I) the head of any appropriate Na- tional Drug Control Program agency; (II) experts on the designated drug; (III) State, local, and Tribal govern- ment officials and relevant agencies; (IV) communications professionals; (V) the public; and (VI) appropriate congressional com- mittees. Page 986 TITLE 21—FOOD AND DRUGS § 1708 (iv) Evaluation of effectiveness of national media campaign In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Director shall— (I) designate an independent entity to evaluate by April 20 of each year the ef- fectiveness of the national media cam- paign based on data from— (aa) the Monitoring the Future Study published by the Department of Health and Human Services; (bb) the National Survey on Drug Use and Health; and (cc) other relevant studies or publi- cations, 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 changes in attitude or behaviors among the target audience with respect to substance use and such other measures of evaluation as the Di- rector determines are appropriate. (3) Advertising In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign. (4) Responsibilities and functions under the program (A) In general The Director shall determine the overall purposes and strategy of the national media campaign. (B) Director (i) In general The Director 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 adver- tising time and space for the national media campaign. (ii) Implementation The Director shall be responsible for im- plementing a focused national media cam- paign to meet the purposes set forth in paragraph (1) and shall ensure— (I) information disseminated through the campaign is accurate and scientif- ically valid; and (II) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and re- quirements of paragraph (1), which may include— (aa) a media campaign, as described in paragraph (2); (bb) local, regional, or population specific messaging; (cc) the development of websites to publicize and disseminate information; (dd) conducting outreach and pro- viding educational resources for par- ents; (ee) collaborating with law enforce- ment agencies; and (ff) providing support for school- based public health education classes to improve teen knowledge about the effects of substance use. (5) Prohibitions None of the amounts made available under paragraph (2) may be obligated or expended for any of the following: (A) To supplant current anti-drug commu- nity-based coalitions. (B) To supplant pro bono public service time donated by national and local broad- casting networks for other public service campaigns. (C) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identi- fied legislative or regulatory proposal. (D) To fund advertising that features any elected officials, persons seeking elected of- fice, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regu- lations. (E) To fund advertising that does not con- tain a primary message intended to reduce or prevent substance use. (F) To fund advertising containing a pri- mary message intended to promote support for the national media campaign or private sector contributions to the national media campaign. (6) Matching requirement (A) In general Amounts made available under paragraph (2) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value. (B) No-cost match advertising direct relation- ship requirement The Director shall ensure that not less than 85 percent of no-cost match advertising directly relates to substance abuse preven- tion consistent with the specific purposes of the national media campaign. (C) No-cost match advertising not directly re- lated The Director shall ensure that no-cost match advertising that does not directly re- late to substance abuse prevention con- sistent 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 adver- tising. (7) Financial and performance accountability The Director shall cause to be performed— Page 987 TITLE 21—FOOD AND DRUGS § 1708 (A) audits and reviews of costs of the na- tional media campaign pursuant to section 4706 of title 41; and (B) an audit to determine whether the costs of the national media campaign are al- lowable under chapter 43 of title 41. (8) Report to Congress The Director shall submit on an annual basis a report to Congress that describes— (A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accom- plished; (B) 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; (C) plans to purchase advertising time and space; (D) policies and practices implemented to ensure that Federal funds are used respon- sibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse; (E) all contracts entered into with a cor- poration, partnership, or individual working on behalf of the national media campaign; (F) the results of any financial audit of the national media campaign; (G) a description of any evidence used to develop the national media campaign; (H) specific policies and steps implemented to ensure compliance with this section; (I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information nec- essary to provide a complete accounting of the funds expended; and (J) a review and evaluation of the effec- tiveness of the national media campaign strategy for the past year. (9) Required notice for communication from the Office Any communication, including an advertise- ment, paid for or otherwise disseminated by the Office directly or through a contract awarded by the Office shall include a promi- nent notice informing the audience that the communication was paid for by the Office. (g) Authorization of appropriations There is authorized to be appropriated to the Office to carry out this section, $25,000,000 for each of fiscal years 2018 through 2023. (Pub. L. 105–277, div. C, title VII, §§ 709, 715, Oct. 21, 1998, 112 Stat. 2681–688, 2681–693; Pub. L. 109–469, title V, § 501(a), title VI, § 602, Dec. 29, 2006, 120 Stat. 3527, 3533; Pub. L. 115–271, title VIII, §§ 8202(a), (b)(2), 8218(a), Oct. 24, 2018, 132 Stat. 4110, 4125; Pub. L. 116–74, § 2(a)(1), (2), (8), Nov. 27, 2019, 133 Stat. 1155, 1157.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5, Government Organiza- tion and Employees. AMENDMENTS 2019—Pub. L. 116–74, § 2(a)(2), substituted ‘‘National Drug Control Program agencies’’ for ‘‘National Drug Control Program Agencies’’ wherever appearing. Pub. L. 116–74, § 2(a)(1), substituted ‘‘National Drug Control Program agency’’ for ‘‘National Drug Control Program Agency’’ wherever appearing. Subsec. (a). Pub. L. 116–74, § 2(a)(8)(A), in heading, in- serted ‘‘and Continuing’’ before ‘‘Threats’’, and in text, substituted ‘‘For purposes of carrying out the previous sentence, the Director shall designate or appoint an’’ for ‘‘The Director shall determine whether the coordi- nator position is a noncareer’’ and ‘‘an appointee’’ for ‘‘a career appointee’’. Subsec. (d)(3)(F). Pub. L. 116–74, § 2(a)(8)(B)(i), sub- stituted ‘‘response to’’ for ‘‘response of’’. Subsec. (d)(4)(B)(iii). Pub. L. 116–74, § 2(a)(8)(B)(ii), in- serted ‘‘the’’ before ‘‘plan, where’’. Subsec. (f)(1). Pub. L. 116–74, § 2(a)(8)(C), substituted ‘‘subsection’’ for ‘‘chapter’’. 2018—Pub. L. 115–271, § 8218(a), amended section gen- erally. Prior to amendment, section related to national youth anti-drug media campaign. Pub. L. 115–271, § 8202(b)(2), repealed Pub. L. 105–277, § 715. See 1998 Amendment note below. Pub. L. 115–271, § 8202(a), revived and restored this sec- tion as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title. 2006—Pub. L. 109–469, § 602, amended Pub. L. 105–277, § 715, which provided for the repeal of this section. See 1998 Amendment note below. Pub. L. 109–469, § 501(a), amended section catchline and text generally. Prior to amendment, section re- lated to the President’s Council on Counter-Narcotics. 1998—Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this sec- tion effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title. Statutory Notes and Related Subsidiaries METHAMPHETAMINE RESPONSE Pub. L. 117–99, Mar. 14, 2022, 136 Stat. 43, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Methamphetamine Re- sponse Act of 2021’. ‘‘SEC. 2. DECLARATION OF EMERGING THREAT. ‘‘(a) IN GENERAL.—Congress declares methamphet- amine an emerging drug threat, as defined in section 702 of the Office of National Drug Control Policy Reau- thorization Act of 1998 (21 U.S.C. 1701), in the United States. ‘‘(b) REQUIRED EMERGING THREAT RESPONSE PLAN.— Not later than 90 days after the date of enactment of this Act [Mar. 14, 2022], the Director of the Office of Na- tional Drug Control Policy shall establish and imple- ment an Emerging Threat Response Plan that is spe- cific to methamphetamine in accordance with section 709(d) of the Office of National Drug Control Policy Re- authorization Act of 1998 (21 U.S.C. 1708(d)).’’ Executive Documents 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, §§ 2, 3, Nov. 6, 1996, 61 Page 988 TITLE 21—FOOD AND DRUGS § 1708a F.R. 57767; Ex. Ord. No. 13284, § 8, Jan. 23, 2003, 68 F.R. 4076, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. Establishment. There is established the President’s Drug Policy Council (‘‘Council’’). SEC. 2. Membership. The Council shall comprise the: (a) President, who shall serve as Chairman of the Council; (b) Vice President; (c) Secretary of State; (d) Secretary of the Treasury; (e) Secretary of Defense; (f) Attorney General; (g) Secretary of the Interior; (h) Secretary of Agriculture; (i) Secretary of Health and Human Services; (j) Secretary of Housing and Urban Development; (k) Secretary of Transportation; (l) Secretary of Education; (m) Secretary of Veterans Affairs; (n) Secretary of Homeland Security; (o) Representative of the United States of America to the United Nations; (p) Director of the Office of Management and Budget; (q) Chief of Staff to the President; (r) Director of National Drug Control Policy; (s) Director of Central Intelligence; (t) Assistant to the President for National Security Affairs; (u) Counsel to the President; (v) Chairman, Joint Chiefs of Staff; (w) National Security Advisor to the Vice President; and (x) Assistant to the President for Domestic Policy. As applicable, the Council shall also comprise such other officials of the departments and agencies as the President may, from time to time, designate. SEC. 3. Meetings of the Council. The President, or upon his direction, the Vice President, may convene meet- ings 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 di- rection and oversight for the national drug control strategy, including relating drug control policy to other national security interests and establishing pri- orities; and (2) ensuring coordination among depart- ments 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 Presi- dent for National Security Affairs. SEC. 5. Administration. (a) The Council may utilize es- tablished or ad hoc committees, task forces, or inter- agency 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 Na- tional Security Affairs, shall act as staff for the Coun- cil. (c) All executive departments and agencies shall co- operate 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 ‘‘Presi- dent’s Council on Counter-Narcotics’’ to the ‘‘Presi- dent’s Drug Policy Council’’ and to make the Secre- taries 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. § 1708a. Repealed. Pub. L. 116–74, § 2(b)(1), Nov. 27, 2019, 133 Stat. 1157 Section, Pub. L. 109–469, title II, § 203, Dec. 29, 2006, 120 Stat. 3517; Pub. L. 112–234, § 2(c), Dec. 28, 2012, 126 Stat. 1624; Pub. L. 115–271, title VIII, § 8218(b), Oct. 24, 2018, 132 Stat. 4132, required the Government Accountability Of- fice to conduct and supervise an audit and investiga- tion and prepare and report every 3 years. § 1709. Repealed. Pub. L. 109–469, title XI, § 1101(a), Dec. 29, 2006, 120 Stat. 3539 Section, Pub. L. 105–277, div. C, title VII, § 710, Oct. 21, 1998, 112 Stat. 2681–689, related to Parents Advisory Council on Youth Drug Abuse. § 1710. Drug Interdiction Coordinator and Com- mittee (a) United States Interdiction Coordinator (1) In general The Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent) as the United States Interdiction Coordinator to perform the duties of that position described in para- graph (2) and such other duties as may be de- termined by the Director with respect to co- ordination 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 agen- cies to ensure consistency with the National Drug Control Strategy; (B) on behalf of the Director, developing and issuing, on or before September 1 of each year and in accordance with paragraph (4), a National Interdiction Command and Control Plan to ensure the coordination and consist- ency described in subparagraph (A); (C) assessing the sufficiency of assets com- mitted to illicit drug interdiction by the rel- evant National Drug Control Program agen- cies; 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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1701 — Definitions

In this chapter: (1) **Agency** — The term “agency” has the meaning given the term “executive agency” in [section 102 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section102&num=0&edition=prelim). (2) **Appropriate congressional committees** (A) *In general* — The term “appropriate congressional committees” means— (i) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and (ii) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. (B) *Submission to Congress* — Any submission to Congress shall mean submission to the appropriate congressional committees. (3) **Demand reduction** — The term “demand reduction” means any activity conducted by a National Drug Control Program agency, other than an enforcement activity, that is intended to reduce or prevent the use of drugs or support, expand, or provide treatment and recovery efforts, including— (A) education about the dangers of illicit drug use; (B) services, programs, or strategies to prevent substance use disorder, including evidence-based education campaigns, community-based prevention programs, collection and disposal of unused prescription drugs, and services to at-risk populations to prevent or delay initial use of an illicit drug; (C) substance use disorder treatment; (D) support for long-term recovery from substance use disorders; (E) drug-free workplace programs; (F) drug testing, including the testing of employees; (G) interventions for illicit drug use and dependence; (H) expanding availability of access to health c

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1701 — Definitions

Page 956 TITLE 21—FOOD AND DRUGS § 1701 judgment in an action by the claimant against a manufacturer, and notwithstanding any other- wise applicable statute of limitations, may im- plead a biomaterials supplier who has been dis- missed from the action pursuant to this chapter if— (1) the manufacturer has made an assertion, either in a motion or other pleading filed with the court or in an opening or closing state- ment at trial, or as part of a claim for con- tribution or indemnification, and the court finds based on the court’s independent review of the evidence contained in the record of the action, that under applicable law— (A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and (B) the manufacturer’s liability for dam- ages should be reduced in whole or in part because of such negligence or intentionally tortious conduct; or (2) the claimant has moved to implead the supplier and the court finds, based on the court’s independent review of the evidence contained in the record of the action, that under applicable law— (A) the negligence or intentionally tortious conduct of the dismissed supplier was an actual and proximate cause of the harm to the claimant; and (B) the claimant is unlikely to be able to recover the full amount of its damages from the remaining defendants. (b) Standard of liability Notwithstanding any preliminary finding under subsection (a), a biomaterials supplier who has been impleaded into an action covered by this chapter, as provided for in this section— (1) may, prior to entry of judgment on the claim against it, supplement the record of the proceeding that was developed prior to the grant of the motion for impleade

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 1708 — Emerging Threats Committee, plan, and media campaign

**(a) Emerging and Continuing Threats Coordinator** The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that position described in this section and such other duties as may be determined by the Director. For purposes of carrying out the previous sentence, the Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent). **(b) Emerging Threats Committee** (1) **In general** — The Emerging Threats Committee shall— (A) monitor evolving and emerging drug threats in the United States; (B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6); (C) assist in the formulation of and oversee implementation of any plan described in subsection (d); (D) provide such other advice to the Coordinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and (E) disseminate and facilitate the sharing with Federal, State, local, and Tribal officials and other entities as determined by the Director of pertinent information and data relating to— (i) recent trends in drug supply and demand; (ii) fatal and nonfatal overdoses; (iii) demand for and availability of evidence-based substance use disorder treatment, including the extent of the unmet treatment need, and treatment admission trends; (iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and (v) other subject matter as determined necessary by the Director. (2) **Chairperson** — The Director shall des

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

As used in this subchapter: (1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction. (2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by— (A) a practitioner (or, in his presence, by his authorized agent), or (B) the patient or research subject at the direction and in the presence of the practitioner, whether such application be by injection, inhalation, ingestion, or any other means. (3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business. (4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice. (5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise. (6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986. (7) The term “counterfeit substance” means a controlled substance which, or the container or labelin

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 802 — Definitions

Page 782 TITLE 21—FOOD AND DRUGS § 801a ing it into counterfeit opioid pills. Because fentanyl is lethal in even miniscule doses, this is an extremely deadly tactic, as it too often causes users to ingest a fatal amount unknowingly. SEC. 2. Agency Action. The Secretary of Health and Human Services shall, consistent with section 319 of the Public Health Service Act, 42 U.S.C. 247d, consider declaring that the drug demand and opioid crisis de- scribed in section 1 of this memorandum constitutes a Public Health Emergency. Additionally, the heads of executive departments and agencies, as appropriate and consistent with law, shall exercise all appropriate emergency authorities, as well as other relevant au- thorities, to reduce the number of deaths and minimize the devastation the drug demand and opioid crisis in- flicts upon American communities. SEC. 3. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Health and Human Services is hereby authorized and directed to publish this memo- randum in the Federal Register. DONALD J. TRUMP. § 801a

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