
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC1703]

 
                        TITLE 21--FOOD AND DRUGS
 
                CHAPTER 22--NATIONAL DRUG CONTROL POLICY
 
Sec. 1703. Appointment and duties of Director and Deputy 
        Directors
        

(a) Appointment

                           (1) In general

        The Director, the Deputy Director of National Drug Control 
    Policy, the Deputy Director for Demand Reduction, the Deputy 
    Director for Supply Reduction, and the Deputy Director for State and 
    Local Affairs, shall each be appointed by the President, by and with 
    the advice and consent of the Senate, and shall serve at the 
    pleasure of the President. In appointing the Deputy Director for 
    Demand Reduction under this paragraph, the President shall take into 
    consideration the scientific, educational or professional background 
    of the individual, and whether the individual has experience in the 
    fields of substance abuse prevention, education, or treatment.

       (2) Duties of Deputy Director of National Drug Control 
                                   Policy

        The Deputy Director of National Drug Control Policy shall--
            (A) carry out the duties and powers prescribed by the 
        Director; and
            (B) serve as the Director in the absence of the Director or 
        during any period in which the office of the Director is vacant.

                  (3) Designation of other officers

        In the absence of the Deputy Director, or if the Office of the 
    Deputy Director is vacant, the Director shall designate such other 
    permanent employee of the Office to serve as the Director, if the 
    Director is absent or unable to serve.

                           (4) Prohibition

        No person shall serve as Director or a Deputy Director while 
    serving in any other position in the Federal Government.

              (5) Prohibition on political campaigning

        Any officer or employee of the Office who is appointed to that 
    position by the President, by and with the advice and consent of the 
    Senate, may not participate in Federal election campaign activities, 
    except that such official is not prohibited by this paragraph from 
    making contributions to individual candidates.

(b) Responsibilities

    The Director--
        (1) shall assist the President in the establishment of policies, 
    goals, objectives, and priorities for the National Drug Control 
    Program;
        (2) shall promulgate the National Drug Control Strategy under 
    section 1705(a) of this title and each report under section 1705(b) 
    of this title in accordance with section 1705 of this title;
        (3) shall coordinate and oversee the implementation by the 
    National Drug Control Program agencies of the policies, goals, 
    objectives, and priorities established under paragraph (1) and the 
    fulfillment of the responsibilities of such agencies under the 
    National Drug Control Strategy and make recommendations to National 
    Drug Control Program agency heads with respect to implementation of 
    Federal counter-drug programs;
        (4) shall make such recommendations to the President as the 
    Director determines are appropriate regarding changes in the 
    organization, management, and budgets of Federal departments and 
    agencies engaged in drug enforcement, and changes in the allocation 
    of personnel to and within those departments and agencies, to 
    implement the policies, goals, priorities, and objectives 
    established under paragraph (1) and the National Drug Control 
    Strategy;
        (5) shall consult with and assist State and local governments 
    with respect to the formulation and implementation of National Drug 
    Control Policy and their relations with the National Drug Control 
    Program agencies;
        (6) shall appear before duly constituted committees and 
    subcommittees of the House of Representatives and of the Senate to 
    represent the drug policies of the executive branch;
        (7) shall notify any National Drug Control Program agency if its 
    policies are not in compliance with the responsibilities of the 
    agency under the National Drug Control Strategy, transmit a copy of 
    each such notification to the President, and maintain a copy of each 
    such notification;
        (8) shall provide, by July 1 of each year, budget 
    recommendations, including requests for specific initiatives that 
    are consistent with the priorities of the President under the 
    National Drug Control Strategy, to the heads of departments and 
    agencies with responsibilities under the National Drug Control 
    Program, which recommendations shall--
            (A) apply to the next budget year scheduled for formulation 
        under chapter 11 of title 31, and each of the 4 subsequent 
        fiscal years; and
            (B) address funding priorities developed in the National 
        Drug Control Strategy;

        (9) may serve as representative of the President in appearing 
    before Congress on all issues relating to the National Drug Control 
    Program;
        (10) shall, in any matter affecting national security interests, 
    work in conjunction with the Assistant to the President for National 
    Security Affairs;
        (11) may serve as spokesperson of the Administration on drug 
    issues;
        (12) shall ensure that no Federal funds appropriated to the 
    Office of National Drug Control Policy shall be expended for any 
    study or contract relating to the legalization (for a medical use or 
    any other use) of a substance listed in schedule I of section 812 of 
    this title and take such actions as necessary to oppose any attempt 
    to legalize the use of a substance (in any form) that--
            (A) is listed in schedule I of section 812 of this title; 
        and
            (B) has not been approved for use for medical purposes by 
        the Food and Drug Administration;

        (13) shall require each National Drug Control Program agency to 
    submit to the Director on an annual basis (beginning in 1999) an 
    evaluation of progress by the agency with respect to drug control 
    program goals using the performance measures for the agency 
    developed under section 1705(c) of this title, including progress 
    with respect to--
            (A) success in reducing domestic and foreign sources of 
        illegal drugs;
            (B) success in protecting the borders of the United States 
        (and in particular the Southwestern border of the United States) 
        from penetration by illegal narcotics;
            (C) success in reducing violent crime associated with drug 
        use in the United States;
            (D) success in reducing the negative health and social 
        consequences of drug use in the United States; and
            (E) implementation of drug treatment and prevention programs 
        in the United States and improvements in the adequacy and 
        effectiveness of such programs;

        (14) shall submit to the Appropriations committees and the 
    authorizing committees of jurisdiction of the House of 
    Representatives and the Senate on an annual basis, not later than 60 
    days after the date of the last day of the applicable period, a 
    summary of--
            (A) each of the evaluations received by the Director under 
        paragraph (13); and
            (B) the progress of each National Drug Control Program 
        agency toward the drug control program goals of the agency using 
        the performance measures for the agency developed under section 
        1705(c) of this title; and

        (15) shall ensure that drug prevention and drug treatment 
    research and information is effectively disseminated by National 
    Drug Control Program agencies to State and local governments and 
    nongovernmental entities involved in demand reduction by--
            (A) encouraging formal consultation between any such agency 
        that conducts or sponsors research, and any such agency that 
        disseminates information in developing research and information 
        product development agendas;
            (B) encouraging such agencies (as appropriate) to develop 
        and implement dissemination plans that specifically target State 
        and local governments and nongovernmental entities involved in 
        demand reduction; and
            (C) developing a single interagency clearinghouse for the 
        dissemination of research and information by such agencies to 
        State and local governments and nongovernmental agencies 
        involved in demand reduction.

(c) National Drug Control Program budget

       (1) Responsibilities of National Drug Control Program 
                                  agencies

        (A) In general

            For each fiscal year, the head of each department, agency, 
        or program of the Federal Government with responsibilities under 
        the National Drug Control Program Strategy shall transmit to the 
        Director a copy of the proposed drug control budget request of 
        the department, agency, or program at the same time as that 
        budget request is submitted to their superiors (and before 
        submission to the Office of Management and Budget) in the 
        preparation of the budget of the President submitted to Congress 
        under section 1105(a) of title 31.

        (B) Submission of drug control budget requests

            The head of each National Drug Control Program agency shall 
        ensure timely development and submission to the Director of each 
        proposed drug control budget request transmitted pursuant to 
        this paragraph, in such format as may be designated by the 
        Director with the concurrence of the Director of the Office of 
        Management and Budget.

          (2) National Drug Control Program budget proposal

        For each fiscal year, following the transmission of proposed 
    drug control budget requests to the Director under paragraph (1), 
    the Director shall, in consultation with the head of each National 
    Drug Control Program agency--
            (A) develop a consolidated National Drug Control Program 
        budget proposal designed to implement the National Drug Control 
        Strategy;
            (B) submit the consolidated budget proposal to the 
        President; and
            (C) after submission under subparagraph (B), submit the 
        consolidated budget proposal to Congress.

     (3) Review and certification of budget requests and budget 
                submissions of National Drug Control Program 
                                  agencies

        (A) In general

            The Director shall review each drug control budget request 
        submitted to the Director under paragraph (1).

        (B) Review of budget requests

            (i) Inadequate requests

                If the Director concludes that a budget request 
            submitted under paragraph (1) is inadequate, in whole or in 
            part, to implement the objectives of the National Drug 
            Control Strategy with respect to the department, agency, or 
            program at issue for the year for which the request is 
            submitted, the Director shall submit to the head of the 
            applicable National Drug Control Program agency a written 
            description of funding levels and specific initiatives that 
            would, in the determination of the Director, make the 
            request adequate to implement those objectives.
            (ii) Adequate requests

                If the Director concludes that a budget request 
            submitted under paragraph (1) is adequate to implement the 
            objectives of the National Drug Control Strategy with 
            respect to the department, agency, or program at issue for 
            the year for which the request is submitted, the Director 
            shall submit to the head of the applicable National Drug 
            Control Program agency a written statement confirming the 
            adequacy of the request.
            (iii) Record

                The Director shall maintain a record of each description 
            submitted under clause (i) and each statement submitted 
            under clause (ii).

        (C) Agency response

            (i) In general

                The head of a National Drug Control Program agency that 
            receives a description under subparagraph (B)(i) shall 
            include the funding levels and initiatives described by the 
            Director in the budget submission for that agency to the 
            Office of Management and Budget.
            (ii) Impact statement

                The head of a National Drug Control Program agency that 
            has altered its budget submission under this subparagraph 
            shall include as an appendix to the budget submission for 
            that agency to the Office of Management and Budget an impact 
            statement that summarizes--
                    (I) the changes made to the budget under this 
                subparagraph; and
                    (II) the impact of those changes on the ability of 
                that agency to perform its other responsibilities, 
                including any impact on specific missions or programs of 
                the agency.
            (iii) Congressional notification

                The head of a National Drug Control Program agency shall 
            submit a copy of any impact statement under clause (ii) to 
            the Senate and the House of Representatives at the time the 
            budget for that agency is submitted to Congress under 
            section 1105(a) of title 31.

        (D) Certification of budget submissions

            (i) In general

                At the time a National Drug Control Program agency 
            submits its budget request to the Office of Management and 
            Budget, the head of the National Drug Control Program agency 
            shall submit a copy of the budget request to the Director.
            (ii) Certification

                The Director--
                    (I) shall review each budget submission submitted 
                under clause (i); and
                    (II) based on the review under subclause (I), if the 
                Director concludes that the budget submission of a 
                National Drug Control Program agency does not include 
                the funding levels and initiatives described under 
                subparagraph (B)--
                        (aa) may issue a written decertification of that 
                    agency's budget; and
                        (bb) in the case of a decertification issued 
                    under item (aa), shall submit to the Senate and the 
                    House of Representatives a copy of--
(aaa) the decertification issued under item (aa);
(bbb) the description made under subparagraph (B); and
(ccc) the budget recommendations made under subsection (b)(8) of this 
section.

               (4) Reprogramming and transfer requests

        (A) In general

            No National Drug Control Program agency shall submit to 
        Congress a reprogramming or transfer request with respect to any 
        amount of appropriated funds in an amount exceeding $5,000,000 
        that is included in the National Drug Control Program budget 
        unless the request has been approved by the Director.

        (B) Appeal

            The head of any National Drug Control Program agency may 
        appeal to the President any disapproval by the Director of a 
        reprogramming or transfer request under this paragraph.

(d) Powers of the Director

    In carrying out subsection (b) of this section, the Director may--
        (1) select, appoint, employ, and fix compensation of such 
    officers and employees of the Office as may be necessary to carry 
    out the functions of the Office under this chapter;
        (2) subject to subsection (e)(3) of this section, request the 
    head of a department or agency, or program of the Federal Government 
    to place department, agency, or program personnel who are engaged in 
    drug control activities on temporary detail to another department, 
    agency, or program in order to implement the National Drug Control 
    Strategy, and the head of the department or agency shall comply with 
    such a request;
        (3) use for administrative purposes, on a reimbursable basis, 
    the available services, equipment, personnel, and facilities of 
    Federal, State, and local agencies;
        (4) procure the services of experts and consultants in 
    accordance with section 3109 of title 5, relating to appointments in 
    the Federal Service, at rates of compensation for individuals not to 
    exceed the daily equivalent of the rate of pay payable under level 
    IV of the Executive Schedule under section 5311 of title 5;
        (5) accept and use gifts and donations of property from Federal, 
    State, and local government agencies, and from the private sector, 
    as authorized in section 1702(d) of this title;
        (6) use the mails in the same manner as any other department or 
    agency of the executive branch;
        (7) monitor implementation of the National Drug Control Program, 
    including--
            (A) conducting program and performance audits and 
        evaluations; and
            (B) requesting assistance from the Inspector General of the 
        relevant agency in such audits and evaluations;

        (8) transfer funds made available to a National Drug Control 
    Program agency for National Drug Control Strategy programs and 
    activities to another account within such agency or to another 
    National Drug Control Program agency for National Drug Control 
    Strategy programs and activities, except that--
            (A) the authority under this paragraph may be limited in an 
        annual appropriations Act or other provision of Federal law;
            (B) the Director may exercise the authority under this 
        paragraph only with the concurrence of the head of each affected 
        agency;
            (C) in the case of an interagency transfer, the total amount 
        of transfers under this paragraph may not exceed 3 percent of 
        the total amount of funds made available for National Drug 
        Control Strategy programs and activities to the agency from 
        which those funds are to be transferred;
            (D) funds transferred to an agency under this paragraph may 
        only be used to increase the funding for programs or activities 
        \1\ have been authorized by Congress; and
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``activities that''.
---------------------------------------------------------------------------
            (E) the Director shall--
                (i) submit to Congress, including to the Committees on 
            Appropriations of the Senate and the House of 
            Representatives, the authorizing committees for the Office, 
            and any other applicable committees of jurisdiction, a 
            reprogramming or transfer request in advance of any transfer 
            under this paragraph in accordance with the regulations of 
            the affected agency or agencies; and
                (ii) annually submit to Congress a report describing the 
            effect of all transfers of funds made pursuant to this 
            paragraph or subsection (c)(4) of this section during the 
            12-month period preceding the date on which the report is 
            submitted;

        (9) issue to the head of a National Drug Control Program agency 
    a fund control notice described in subsection (f) of this section to 
    ensure compliance with the National Drug Control Program Strategy; 
    and
        (10) participate in the drug certification process pursuant to 
    section 2291j of title 22.

(e) Personnel detailed to Office

                           (1) Evaluations

        Notwithstanding any provision of chapter 43 of title 5, the 
    Director shall perform the evaluation of the performance of any 
    employee detailed to the Office for purposes of the applicable 
    performance appraisal system established under such chapter for any 
    rating period, or part thereof, that such employee is detailed to 
    such office.

                          (2) Compensation

        (A) Bonus payments

            Notwithstanding any other provision of law, the Director may 
        provide periodic bonus payments to any employee detailed to the 
        Office.

        (B) Restrictions

            An amount paid under this paragraph to an employee for any 
        period--
                (i) shall not be greater than 20 percent of the basic 
            pay paid or payable to such employee for such period; and
                (ii) shall be in addition to the basic pay of such 
            employee.

        (C) Aggregate amount

            The aggregate amount paid during any fiscal year to an 
        employee detailed to the Office as basic pay, awards, bonuses, 
        and other compensation shall not exceed the annual rate payable 
        at the end of such fiscal year for positions at level III of the 
        Executive Schedule.

                   (3) Maximum number of detailees

        The maximum number of personnel who may be detailed to another 
    department or agency (including the Office) under subsection (d)(2) 
    of this section during any fiscal year is--
            (A) for the Department of Defense, 50; and
            (B) for any other department or agency, 10.

(f) Fund control notices

                           (1) In general

        A fund control notice may direct that all or part of an amount 
    appropriated to the National Drug Control Program agency account be 
    obligated by--
            (A) months, fiscal year quarters, or other time periods; and
            (B) activities, functions, projects, or object classes.

        (2) Unauthorized obligation or expenditure prohibited

        An officer or employee of a National Drug Control Program agency 
    shall not make or authorize an expenditure or obligation contrary to 
    a fund control notice issued by the Director.

                (3) Disciplinary action for violation

        In the case of a violation of paragraph (2) by an officer or 
    employee of a National Drug Control Program agency, the head of the 
    agency, upon the request of and in consultation with the Director, 
    may subject the officer or employee to appropriate administrative 
    discipline, including, when circumstances warrant, suspension from 
    duty without pay or removal from office.

(g) Inapplicability to certain programs

    The provisions of this section shall not apply to the National 
Foreign Intelligence Program, the Joint Military Intelligence Program 
and Tactical Intelligence and Related Activities unless the agency that 
carries out such program is designated as a National Drug Control 
Program agency by the President or jointly by the Director and the head 
of the agency.

(h) Construction

    Nothing in this chapter shall be construed as derogating the 
authorities and responsibilities of the Director of Central Intelligence 
contained in sections 403-4 and 414 of title 50 or any other law.

(Pub. L. 105-277, div. C, title VII, Sec. 704, Oct. 21, 1998, 112 Stat. 
2681-672.)

                            Repeal of Section

        For repeal of section on Sept. 30, 2003, see section 1712 of 
    this title.

                       References in Text

    Levels III and IV of the Executive Schedule, referred to in subsecs. 
(d)(4) and (e)(2)(C), are set out in sections 5314 and 5315, 
respectively, of Title 5, Government Organization and Employees.
    This chapter, referred to in subsec. (h), was in the original ``this 
Act'' and was translated as reading ``this title'', meaning title VII of 
Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat. 2681-670, which is 
classified principally to this chapter, to reflect the probable intent 
of Congress. For complete classification of title VII to the Code, see 
Short Title note set out under section 1701 of this title and Tables.

                          Codification

    In subsec. (b)(8)(A), ``chapter 11 of title 31'' substituted for 
``the Budget and Accounting Act of 1921'' on authority of Pub. L. 97-
258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of 
which enacted Title 31, Money and Finance.


     Report on Streamlining Federal Prevention and Treatment Efforts

    Pub. L. 105-277, div. D, title II, Sec. 221, Oct. 21, 1998, 112 
Stat. 2681-758, expressed sense of Congress that efforts of the Federal 
Government to reduce demand for illegal drugs in United States are 
frustrated by fragmentation of those efforts across multiple departments 
and agencies, and improvement of those efforts can best be achieved 
through consolidation and coordination, and further provided that not 
later than 18 months after Oct. 21, 1998, Director of the Office of 
National Drug Control Policy was to prepare and submit to Congress a 
report evaluating options for increasing efficacy of drug prevention and 
treatment programs, including a thorough review of activities and 
potential consolidation of existing Federal drug information 
clearinghouses.

            Ex. Ord. No. 12880. National Drug Control Program

    Ex. Ord. No. 12880, Nov. 16, 1993, 58 F.R. 60989, as amended by Ex. 
Ord. No. 13008, June 3, 1996, 61 F.R. 28721, provided:
    The Office of National Drug Control Policy has the lead 
responsibility within the Executive Office of the President to establish 
policies, priorities, and objectives for the Nation's drug control 
program, with the goal of reducing the production, availability, and use 
of illegal drugs. All lawful and reasonable means must be used to ensure 
that the United States has a comprehensive and effective National Drug 
Control Strategy.
    Therefore, by the authority vested in me as President by the 
Constitution and the laws of the United States of America, including the 
National Narcotics Leadership Act of 1988, as amended (former 21 U.S.C. 
1501 et seq.), and in order to provide for the effective management of 
the drug abuse policies of the United States, it is hereby ordered as 
follows:
    Section 1. General Provisions. (a) Because the United States 
considers the operations of international criminal narcotics syndicates 
as a national security threat requiring an extraordinary and coordinated 
response by civilian and military agencies involved in national 
security, the Director of the Office of National Drug Control Policy 
(Director), in his role as the principal adviser to the National 
Security Council on national drug control policy (50 U.S.C. 402(f)), 
shall provide drug policy guidance and direction in the development of 
related national security programs.
    (b) The Director shall provide oversight and direction for all 
international counternarcotics policy development and implementation, in 
coordination with other concerned Cabinet members, as appropriate.
    (c) An Interagency Working Group (IWG) on international 
counternarcotics policy, chaired by the Office of National Drug Control 
Policy, shall develop and ensure coordinated implementation of an 
international counternarcotics policy. The IWG shall report its 
activities and differences of views among agencies to the Director for 
review, mediation, and resolution with concerned Cabinet members, and if 
necessary, by the President.
    (d) A coordinator for drug interdiction shall be designated by the 
Director to ensure that assets dedicated by Federal drug program 
agencies for interdiction are sufficient and that their use is properly 
integrated and optimized. The coordinator shall ensure that interdiction 
efforts and priorities are consistent with overall U.S. international 
counternarcotics policy.
    (e) The Director shall examine the number and structure of command/
control and drug intelligence centers operated by drug control program 
agencies involved in international counter-narcotics and suggest 
improvements to the current structure for consideration by the President 
and concerned members of the Cabinet.
    (f) The Director, utilizing the services of the Drugs and Crime Data 
Center and Department of Justice Clearinghouse, shall assist in 
coordinating and enhancing the dissemination of statistics and studies 
relating to anti-drug abuse policy.
    (g) The Director shall provide advice to agencies regarding ways to 
achieve efficiencies in spending and improvements to interagency 
cooperation that could enhance the delivery of drug control treatment 
and prevention services to the public. The Director may request agencies 
to provide studies, information, and analyses in support of this order.
    Sec. 2. Goals, Direction, Duties and Responsibilities with Respect 
to the National Drug Control Program. (a) Budget Matters. (1) In 
addition to the budgetary authorities and responsibilities provided to 
the Director by statute, [former] 21 U.S.C. 1502, for those agency 
budget requests that are not certified as adequate to implement the 
objectives of the National Drug Control Strategy, the Director shall 
include in such certifications initiatives or funding levels that would 
make such requests adequate.
    (2) The Director shall provide, by July 1 of each year, budget 
recommendations to the heads of departments and agencies with 
responsibilities under the National Drug Control Program. The 
recommendations shall apply to the second following fiscal year and 
address funding priorities developed in the annual National Drug Control 
Strategy.
    (b) Measurement of National Drug Control Strategy Outcomes. (1) The 
National Drug Control Strategy shall include long-range goals for 
reducing drug use and the consequences of drug use in the United States, 
including burdens on hospital emergency rooms, drug use among arrestees, 
the extent of drug-related crime, high school dropout rates, the number 
of infants exposed annually to illicit drugs in utero, national drug 
abuse treatment capacity, and the annual national health care costs of 
drug use.
    (2) The National Drug Control Strategy shall also include an 
assessment of the quality of techniques and instruments to measure 
current drug use and supply and demand reduction activities, and the 
adequacy of the coverage of existing national drug use instruments and 
techniques to measure the total illicit drug user population and groups 
at-risk for drug use.
    (3) The Director shall coordinate an effort among the relevant drug 
control program agencies to assess the quality, access, management, 
effectiveness, and standards of accountability of drug abuse treatment, 
prevention, education, and other demand reduction activities.
    (c) Provision of Reports. To the extent permitted by law, heads of 
departments and agencies with responsibilities under the National Drug 
Control Program shall make available to the Office of National Drug 
Control Policy, appropriate statistics, studies, and reports, pertaining 
to Federal drug abuse control.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in sections 1702, 1705, 1706, 1707, 1710 
of this title.
