21 U.S.C. § 1702 — Office of National Drug Control Policy

Page 960 TITLE 21—FOOD AND DRUGS § 1702 1 So in original. Probably should be ‘‘agencies’ ’’. 1999 found that in just 1 year’s time the rate of steroid use among young people rose roughly 50 percent among both sexes and across all age groups. It is the policy of my Administration to take the steps needed to help eliminate illicit or otherwise banned drug use and doping in sports at the State, national, and inter- national level. SEC. 2. Establishment of a White House Task Force on Drug Use in Sports. (a) There is established a White House Task Force on Drug Use in Sports (Task Force). The Task Force shall comprise the co-vice chairs of the White House Olympic Task Force (the ‘‘Olympic Task Force Vice Chairs’’), and representatives designated by the Office of National Drug Control Policy, the Depart- ment of Health and Human Services, the Department of Labor, the President’s Council on Physical Fitness and Sports [now President’s Council on Fitness, Sports, and Nutrition], the Office of Management and Budget, the National Security Council, the Department of State, the Department of the Treasury, the Department of Education, the Department of Justice, the Department of Transportation, the Department of Homeland Secu- rity, the National Institute on Drug Abuse, and the Substance Abuse and Mental Health Services Adminis- tration. (b) The Task Force shall develop recommendations for the President on further executive and legislative actions that can be undertaken to address the problem of doping and drug use in sports. In developing the rec- ommendations, the Task Force shall consider, among other things: (i) the health and safety of America’s ath- letes, in particular our Nation’s young people; (ii) the integrity of honest athletic competition; and (iii) the views and recommendations of State and local govern- ments, the private sector, citizens, community groups, and nonprofit organizations, on actions to address this threat. The Task Force, through its Chairs, shall sub- mit its recommendations to the President. (c) The Director of the Office of National Drug Con- trol Policy (the Director), the Secretary of the Depart- ment of Health and Human Services, and the Olympic Task Force Vice Chairs or their designees shall serve as the Task Force Chairs. (d) To the extent permitted by law and at the request of the Chairs, agencies shall cooperate with and provide information to the Task Force. SEC. 3. Participation in the World Anti-Doping Agency. (a) As part of my Administration’s efforts to address the problem of drug use in sports, the United States has played a leading role in the formation of a World Anti- Doping Agency (WADA) by the Olympic and sports community and the nations of the world. Through these efforts, the United States has been selected to serve as a governmental representative on the board of the WADA. This order will authorize the Director to serve as the United States Government’s representative on the WADA board. (b) Pursuant to 21 U.S.C. 1701 et seq., the Director, or in his absence his designee, is hereby authorized to take all necessary and proper actions to execute his re- sponsibilities as United States representative to the WADA. (c) To assist the Director in carrying out these re- sponsibilities as the United States Government rep- resentative to the WADA and to the extent permitted by law, Federal employees may serve in their official capacity, inter alia, on WADA Committees or WADA ad- visory committees, serving as experts to the WADA. § 1702. Office of National Drug Control Policy (a) Establishment of Office There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall— (1) lead the national drug control effort, in- cluding coordinating with the National Drug Control Program agencies; (2) coordinate and oversee the implementa- tion of the national drug control policy, in- cluding the National Drug Control Strategy; (3) assess and certify the adequacy of Na- tional Drug Control Programs and the budget for those programs; (4) evaluate the effectiveness of national drug control policy efforts, including the Na- tional Drug Control Program Agencies’ 1 pro- grams, by developing and applying specific goals and performance measurements and monitoring the agencies’ program-level spend- ing; (5) identify and respond to emerging drug threats related to illicit drug use; (6) administer the Drug-Free Communities Program, the High Intensity Drug Trafficking Areas Program, and other grant programs di- rectly authorized to be administered by the Office in furtherance of the National Drug Control Strategy; and (7) facilitate broad-scale information sharing and data standardization among Federal, State, and local entities to support the na- tional drug control efforts. (b) Repealed. Pub. L. 115–271, title VIII, § 8222(1), Oct. 24, 2018, 132 Stat. 4142 (c) Access by Congress The location of the Office in the Executive Of- fice of the President shall not be construed as affecting access by Congress, or any committee of the House of Representatives or the Senate, to any— (1) information, document, or study in the possession of, or conducted by or at the direc- tion of the Director; or (2) personnel of the Office. (d) Office of National Drug Control Policy Gift Fund (1) Establishment There is established in the Treasury of the United States a fund for the receipt of gifts, both real and personal, for the purpose of aid- ing or facilitating the work of the Office under section 1703(c) of this title. (2) Contributions The Office may accept, hold, and administer contributions to the Fund. (3) Use of amounts deposited Amounts deposited in the Fund are author- ized to be appropriated, to remain available until expended for authorized purposes at the discretion of the Director. (4) Ethics guidelines The Director shall establish written guide- lines setting forth the criteria to be used in determining whether a gift or donation should be declined under this subsection because the acceptance of the gift or donation would— (A) reflect unfavorably upon the ability of the Director or the Office, or any employee of the Office, to carry out responsibilities or official duties under this chapter in a fair and objective manner; or (B) compromise the integrity or the ap- pearance of integrity of programs or services provided under this chapter or of any official involved in those programs or services. Page 961 TITLE 21—FOOD AND DRUGS § 1702 (5) Registry of gifts The Director shall maintain a list of— (A) the source and amount of each gift or donation accepted by the Office; and (B) the source and amount of each gift or donation accepted by a contractor to be used in its performance of a contract for the Of- fice. (6) Report to Congress The Director shall include in the annual as- sessment under section 1705(g) of this title a copy of the registry maintained under para- graph (5). (Pub. L. 105–277, div. C, title VII, §§ 703, 715, Oct. 21, 1998, 112 Stat. 2681–672, 2681–693; Pub. L. 109–469, title I, § 102, title VI, § 602, title XI, § 1120, Dec. 29, 2006, 120 Stat. 3505, 3533, 3548; Pub. L. 115–271, title VIII, §§ 8202(a), (b)(2), 8217(a), (b), 8222(1), Oct. 24, 2018, 132 Stat. 4110, 4119, 4142; Pub. L. 116–74, § 2(a)(2), (4), Nov. 27, 2019, 133 Stat. 1155.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d)(4), was in the original a reference to ‘‘this title’’, meaning title VII of Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–670, which is classified principally to this chapter. For com- plete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables. AMENDMENTS 2019—Subsec. (a)(1). Pub. L. 116–74, § 2(a)(2), sub- stituted ‘‘National Drug Control Program agencies’’ for ‘‘National Drug Control Program Agencies’’. Subsec. (a)(4). Pub. L. 116–74, § 2(a)(4)(A)(i), sub- stituted ‘‘programs,’’ for ‘‘program,’’. Subsec. (a)(6). Pub. L. 116–74, § 2(a)(4)(A)(ii), sub- stituted ‘‘High Intensity’’ for ‘‘High-Intensity’’. Subsec. (d)(4). Pub. L. 116–74, § 2(a)(4)(B), made tech- nical amendment to reference in original act which ap- pears in text as reference to this chapter in subpars. (A) and (B). 2018—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. Subsec. (a). Pub. L. 115–271, § 8217(a)(4), struck out concluding provisions which read as follows: ‘‘When de- veloping the national drug control policy, any policy of the Director relating to syringe exchange programs for intravenous drug users shall be based on the best avail- able medical and scientific evidence regarding their ef- fectiveness in promoting individual health and pre- venting the spread of infectious disease, and their im- pact on drug addiction and use. In making any policy relating to syringe exchange programs, the Director shall consult with the National Institutes of Health and the National Academy of Sciences.’’ Subsec. (a)(1). Pub. L. 115–271, § 8217(a)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘develop national drug control policy;’’. Subsec. (a)(2). Pub. L. 115–271, § 8217(a)(2), inserted be- fore semicolon at end ‘‘, including the National Drug Control Strategy’’. Subsec. (a)(4) to (7). Pub. L. 115–271, § 8217(a)(3), (4), added pars. (4) to (7) and struck out former par. (4) which read as follows: ‘‘evaluate the effectiveness of the national drug control policy and the National Drug Control Program agencies’ programs, by developing and applying specific goals and performance measure- ments.’’ Subsec. (b). Pub. L. 115–271, § 8222(1), struck out sub- sec. (b) which related to Director of National Drug Con- trol Policy and Deputy Directors. Subsec. (d)(4) to (6). Pub. L. 115–271, § 8217(b), added pars. (4) to (6). 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. Subsec. (a). Pub. L. 109–469, § 1120, inserted concluding provisions. Pub. L. 109–469, § 102(a), amended subsec. (a) gen- erally. Prior to amendment, subsec. (a) related to es- tablishment of Office of National Drug Control Policy. Subsec. (b). Pub. L. 109–469, § 102(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to Director and Deputy Directors of National Drug Control Policy. 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 GIFTS TO OFFICE OF NATIONAL DRUG CONTROL POLICY Pub. L. 117–328, div. E, title II, Dec. 29, 2022, 136 Stat. 4664, provided in part: ‘‘That the Office [of National Drug Control Policy] is authorized to accept, hold, ad- minister, and utilize gifts, both real and personal, pub- lic and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Of- fice.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 117–103, div. E, title II, Mar. 15, 2022, 136 Stat. 253. Pub. L. 116–260, div. E, title II, Dec. 27, 2020, 134 Stat. 1394. Pub. L. 116–93, div. C, title II, Dec. 20, 2019, 133 Stat. 2448. Pub. L. 116–6, div. D, title II, Feb. 15, 2019, 133 Stat. 152. Pub. L. 115–141, div. E, title II, Mar. 23, 2018, 132 Stat. 549. Pub. L. 115–31, div. E, title II, May 5, 2017, 131 Stat. 340. Pub. L. 114–113, div. E, title II, Dec. 18, 2015, 129 Stat. 2436. Pub. L. 113–235, div. E, title II, Dec. 16, 2014, 128 Stat. 2344. Pub. L. 113–76, div. E, title II, Jan. 17, 2014, 128 Stat. 195. Pub. L. 112–74, div. C, title II, Dec. 23, 2011, 125 Stat. 895. Pub. L. 111–117, div. C, title II, Dec. 16, 2009, 123 Stat. 3170. Pub. L. 111–8, div. D, title II, Mar. 11, 2009, 123 Stat. 641. Pub. L. 110–161, div. D, title II, Dec. 26, 2007, 121 Stat. 1983. Pub. L. 109–115, div. A, title V, Nov. 30, 2005, 119 Stat. 2475. Pub. L. 108–447, div. H, title III, Dec. 8, 2004, 118 Stat. 3249. Pub. L. 108–199, div. F, title III, Jan. 23, 2004, 118 Stat. 324. Pub. L. 108–7, div. J, title III, Feb. 20, 2003, 117 Stat. 446. Pub. L. 107–67, title III, Nov. 12, 2001, 115 Stat. 530. Pub. L. 106–554, § 1(a)(3) [title III], Dec. 21, 2000, 114 Stat. 2763, 2763A–139. Pub. L. 106–58, title III, Sept. 29, 1999, 113 Stat. 447. Pub. L. 105–277, div. A, § 101(h) [title III], Oct. 21, 1998, 112 Stat. 2681–480, 2681–496. Pub. L. 105–61, title III, Oct. 10, 1997, 111 Stat. 1293. Pub. L. 104–208, div. A, title I, § 101(f) [title III], Sept. 30, 1996, 110 Stat. 3009–314, 3009–329. Page 962 TITLE 21—FOOD AND DRUGS § 1703 Pub. L. 104–52, title III, Nov. 19, 1995, 109 Stat. 479. Pub. L. 103–329, title III, Sept. 30, 1994, 108 Stat. 2394. Pub. L. 103–123, title III, Oct. 28, 1993, 107 Stat. 1237. Pub. L. 102–393, title III, Oct. 6, 1992, 106 Stat. 1741. Pub. L. 102–141, title III, Oct. 28, 1991, 105 Stat. 847. Pub. L. 101–509, title III, Nov. 5, 1990, 104 Stat. 1402. Pub. L. 101–136, title III, Nov. 3, 1989, 103 Stat. 793. Executive Documents EX. ORD. NO. 12911. SEAL FOR OFFICE OF NATIONAL DRUG CONTROL POLICY Ex. Ord. No. 12911, Apr. 25, 1994, 59 F.R. 21121 [22121], provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. There is approved for the Office of Na- tional Drug Control Policy in the Executive Office of the President an official seal described as follows: On a blue disc the Arms of the United States proper above a curved gold scroll inscribed ‘‘OFFICE OF NA- TIONAL DRUG CONTROL POLICY’’ in blue letters, all within a white border edged in gold and inscribed ‘‘EX- ECUTIVE OFFICE OF THE PRESIDENT OF THE UNITED STATES’’ in blue letters. This design is appropriate for the Office of National Drug Control Policy. The dark blue in this seal is sug- gested by the Seal of the President and denotes the di- rect organizational link of the Office of National Drug Control Policy with the Presidential office. The Arms of the United States refer to the entire Nation and rep- resent the involvement in drug control policies that are necessary to assist the President in his role as Chief Executive of the United States. SEC. 2. The seal shall be of the design that is attached hereto and made a part of this order. WILLIAM J. CLINTON. § 1703. Appointment and duties of Director and Deputy Directors (a) Appointment (1) In general (A) Director (i) In general There shall be at the head of the Office a Director who shall hold the same rank and status as the head of an executive de- partment listed in section 101 of title 5. (ii) Appointment The Director shall be appointed by the President, by and with the advice and con- sent of the Senate, and shall serve at the pleasure of the President. (B) Deputy Director There shall be a Deputy Director who shall report directly to the Director, and who shall be appointed by the President, and shall serve at the pleasure of the President. (C) Coordinators The following coordinators shall be ap- pointed by the Director: (i) Performance Budget Coordinator, as described in subsection (c)(5). (ii) Interdiction Coordinator, as de- scribed in section 1710 of this title. (iii) Emerging and Continuing Threats Coordinator, as described in section 1708 of this title. (iv) State, Local, and Tribal Affairs Co- ordinator, to carry out the activities de- scribed in subsection (j). (v) Demand Reduction Coordinator, as described in subparagraph (D). (D) Demand Reduction Coordinator The Director shall designate or appoint a United States Demand Reduction Coordi- nator to be responsible for the activities de- scribed in section 1701(3) of this title. For purposes of carrying out the previous sen- tence, the Director shall designate or ap- point an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent). (2) Duties of Deputy Director of National Drug Control Policy The Deputy Director of National Drug Con- trol Policy shall— (A) carry out the duties and powers pre- scribed 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 tem- porarily in an acting capacity pursuant to sub- chapter III of chapter 33 of title 5. (4) Prohibition No person shall serve as Director or a Dep- uty Director while serving in any other posi- tion 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 Sen- ate, may not participate in Federal election campaign activities, except that such officer or employee is not prohibited by this para- graph from making contributions to indi- vidual candidates. (6) Prohibition on the use of funds for ballot initiatives No funds authorized under this chapter may be obligated for the purpose of expressly advo-