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21 U.S.C. § 1708 — Emerging Threats Committee, plan, and
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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-
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—
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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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1701
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 1701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1708
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 802. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 802. This identifies an authority to review, not proof of applicability.