21 U.S. Code § 1703 - Appointment and duties of Director and Deputy Directors

There shall be at the head of the Office a section 101 of title 5.

State, Local, and Tribal Affairs Coordinator, to carry out the activities described in subsection (j).

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 officer or employee is not prohibited by this paragraph from making contributions to individual candidates.

No funds authorized under this chapter may be obligated for the purpose of expressly advocating the passage or defeat of a State or local ballot initiative.

shall assist the President in the establishment of policies, goals, objectives, and priorities for the (2)

shall promulgate the section 1705(a) of this title and each report under section 1705(b) [1] of this title in accordance with section 1705 of this title;

shall consult with and assist State and local governments with respect to the formulation and implementation of National (6)

shall appear before duly constituted committees and subcommittees of the House of Representatives and of the Senate to represent the (7)

shall notify any appropriate congressional committees, and maintain a copy of each such notification;

(8) shall provide, by July 1 of each year, budget recommendations, including requests for specific initiatives that are consistent with the priorities of the President under the National Drug Control Program, which recommendations shall—

apply to the next budget year scheduled for formulation under chapter 11 of title 31, and each of the 4 subsequent fiscal years; and

may serve as representative of the President in appearing before Congress on all issues relating to the National Drug Control Program;

shall, in any matter affecting national security interests, work in conjunction with the Assistant to the President for National Security Affairs;

(14) shall submit to the appropriate congressional committees on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of—

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;

encouraging such agencies (as appropriate) to develop and implement dissemination plans that specifically target State and local governments and nongovernmental entities involved in demand reduction; and

(C) supporting the substance abuse information clearinghouse administered by the Administrator of the Substance Abuse and Mental Health Services Administration and established in section 290aa(d)(16) of title 42 by—

shall coordinate with the private sector to promote private research and development of medications to treat addiction;

shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional (19)

shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State, local, and tribal governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues;

shall, within 1 year after December 29, 2006 , report to Congress on the impact of each Federal strategy upon the availability, addiction rate, use rate, and other harms of illegal drugs; and

each committee, working group, council, or other entity established under this chapter, as appropriate;

For each fiscal year, the head of each department, agency, or program of the Federal Government with responsibilities under the Strategy shall transmit to the 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.

A agency, or program under this paragraph shall include all requests for funds for any agency, or program, including demand reduction, supply reduction, and State, local, and tribal affairs, including any drug law enforcement activities. If an activity has both agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate.

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

If the agency, or program at issue for the year for which the request is submitted, the (ii) Adequate requests

If the agency, or program at issue for the year for which the request is submitted, the (iii) Record

requests funding for Federal law enforcement activities that do not adequately compensate for transfers oflaw enforcement and investigation activities;

requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to (iii)

requests funding for substance use disorder prevention and treatment activities that do not provide adequate results and accountability measures; and

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.

based on the review under subclause (I), make a determination as to whether the budget submission of a (III) submit to the appropriate congressional committees—

ensure the Strategy, and the likely contributions to the goals of the Strategy based on funding levels of each (ii)

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;

subject to subsection (e)(3), 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 agency, or program in order to implement the (3)

use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;

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;

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;

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 Strategy programs and activities to another account within such National Drug Control Strategy programs and activities, except that—

the authority under this paragraph may be limited in an annual appropriations Act or other provision of Federal law;

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 (D)

funds transferred to an agency under this paragraph may only be used to increase the funding for programs or activities authorized by law;

submit to the appropriate congressional committees 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; and

annually submit to the appropriate congressional committees a report describing the effect of all transfers of funds made pursuant to this paragraph or subsection (c)(4) during the 12-month period preceding the date on which the report is submitted; and

interdiction of illicit drugs on the high seas, in United States territorial waters, and at United States ports of entry by officers and employees of (iii)

activities to facilitate and enhance the sharing of domestic and foreign intelligence information among (v)

issue to the head of a appropriate congressional committees of any fund control notice issued in accordance with subsection (f)(5); and

Notwithstanding any provision of chapter 43 of title 5, the office.

Subject to the availability of appropriations, the Office.

shall not be greater than 20 percent of the basic pay paid or payable to such employee for such period; and

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) during any fiscal year is—

(1) In general A fund control notice may direct that all or part of an amount appropriated to the (A)

An officer or employee of a Director.

In the case of a violation of paragraph (2) by an officer or employee of a agency, upon the request of and in consultation with the office.

A copy of each fund control notice shall be transmitted to the appropriate congressional committees.

in the case of the Joint Military Intelligence Program and Tactical and Related Activities, theSecretary of Defense .

Nothing in this chapter shall be construed as derogating the authorities and responsibilities of the Central Intelligence Agency contained in the National Security Act of 1947 [50 U.S.C. 3001 et seq.], the Central Intelligence Agency Act of 1949 [50 U.S.C. 3501 et seq.], or any other law.

There is authorized to be appropriated to carry out this subsection $1,250,000 for each of fiscal years 2018 through 2023.

The State, Local, and Tribal Affairs Coordinator to perform the duties of thesection 1705 of this title and such other duties as may be determined by the (k) Harm reduction programs

[1] See References in Text note below.

[2] Probably should be “1705(h)”.

Section 1705 of this title, referred to in subsec. (b)(2), (14)(B), was amended by Pub. L. 115–271, title VIII, § 8221(a), Oct. 24, 2018 , 132 Stat. 4134. Subsec. (b) of section 1705 no longer relates to reports forPub. L. 105–277, div. C, Oct. 21, 1998 , 112 Stat. 2681–670, which is classified principally to this chapter. For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables.

The General Schedule, referred to in subsecs. (c)(5)(B) and (j), is set out under section 5332 of Title 5, Government Organization and Employees.

Levels III and IV of the Executive Schedule, referred to in subsecs. (d)(4) and (e)(2)(C), are set out in sections 5314 and 5315, respectively, of Title 5, Government Organization and Employees.

This chapter, referred to in subsec. (h), was in the original “this Act” and was translated as reading “this title”, meaning title VII of Pub. L. 105–277, div. C, Oct. 21, 1998 , 112 Stat. 2681–670, which is classified principally to this chapter, to reflect the probable intent of Congress . For complete classification of title VII to the Code, see Short Title note set out under section 1701 of this title and Tables.

The National Security Act of 1947, referred to in subsec. (h), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§ 3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

The Central Intelligence Agency Act of 1949, referred to in subsec. (h), is act June 20, 1949, ch. 227, 63 Stat. 208, which was formerly classified generally to section 403a et seq. of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified generally to chapter 46 (§ 3501 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

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, § 4(b), Sept. 13, 1982 , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Subsec. (a)(1)(C)(iv). Pub. L. 116–74, § 2(a)(5)(A)(i)(II), made technical amendment to reference in original act which appears in text as reference to subsection (j).

Subsec. (a)(1)(D). Pub. L. 116–74, § 2(a)(5)(A)(ii), substituted “For purposes of carrying out the previous sentence, thePub. L. 116–74, § 2(a)(5)(B), made technical amendment to reference in original act which appears in text as reference to this chapter.

Subsec. (c)(3)(E)(ii)(I). Pub. L. 116–74, § 2(a)(5)(C)(ii)(I), substituted “clause (i)” for “subparagraph (A)”.

Subsec. (c)(5)(A)(i). Pub. L. 116–74, § 2(a)(1), substituted Pub. L. 116–74, § 2(a)(5)(C)(iii), substituted “For purposes of carrying out subparagraph (A), thePub. L. 116–74, § 2(a)(5)(D)(i), redesignated subpar. (E)(iii) as subpar. (F), redesignated subcls. (I) to (V) of former subpar. (E)(iii) as cls. (i) to (v) of subpar. (F), respectively, realigned margins, and substituted “activities;” for “activities.” in cl. (v).

Subsec. (d)(9). Pub. L. 116–74, § 2(a)(5)(D)(ii), made technical amendment to reference in original act which appears in text as reference to subsection (f)(5), and inserted “and” at end.

Subsec. (j). Pub. L. 116–74, § 2(a)(5)(E), substituted “For purposes of carrying out the previous sentence, thePub. 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 section 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)(1). Pub. L. 115–271, § 8217(c)(1), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which related to appointment ofPub. L. 115–271, § 8217(c)(2), substituted “such officer or employee” for “such official”.

Subsec. (b)(17). Pub. L. 115–271, § 8221(b)(1)(A), struck out par. (17) which read as follows: “shall seek the support and commitment of State, local, and tribal officials in the formulation and implementation of thePub. L. 115–271, § 8217(d), added par. (21).

Subsec. (c)(2)(A). Pub. L. 115–271, § 8217(e)(1)(A), substituted “paragraph (1)(C) and include—” for “paragraph (1)(C);” and added cls. (i) and (ii).

Subsec. (c)(2)(B). Pub. L. 115–271, § 8217(e)(1)(B), substituted “the President and Congress .” for “the President; and”.

Subsec. (c)(2)(C). Pub. L. 115–271, § 8217(e)(1)(C), struck out subpar. (C) which read as follows: “after submission under subparagraph (B), submit the consolidated budget proposal to Congress .”

Subsec. (c)(3)(C). Pub. L. 115–271, § 8222(2)(A)(i)(I), inserted “requests a level of funding that will not enable achievement of the goals of thePub. L. 115–271, § 8222(2)(A)(i)(II), substituted “substance use disorder prevention and treatment” for Pub. L. 115–271, § 8222(2)(A)(i)(III)–(V), redesignated cl. (v) as (iv), substituted period for semicolon at end, and struck out former cl. (iv) which read as follows: “requests funding for any activities of the Safe andPub. L. 115–271, § 8222(2)(A)(i)(III), struck out cls. (vi) and (vii) which read as follows:

“(vi) requests funding for fiscal year 2007 for activities of the Department of Education , unless it is accompanied by a report setting forth a plan for providing expedited consideration of student loan applications for all individuals who submitted an application for any Federal grant, loan, or work assistance that was rejected or denied pursuant to 1091(r)(1) of title 20 by reason of a conviction for aDepartment of Homeland Security that does not include a specific request for funds for the Office of Counternarcotics Enforcement to carry out its responsibilities under section 458 of title 6.”

Subsec. (c)(3)(E)(ii). Pub. L. 115–271, § 8217(e)(2), added cl. (ii) and struck out former cl. (ii) which related to certification byPub. L. 115–271, § 8222(2)(A)(ii), substituted “$5,000,000 or 10 percent of a specific program or account” for “$1,000,000”.

Subsec. (e)(2)(A). Pub. L. 115–271, § 8217(f)(2), substituted “Subject to the availability of appropriations” for “Notwithstanding any other provision of law”.

Subsec. (f)(4). Pub. L. 115–271, § 8217(2)(B)(ii), which directed the amendment of subsec. (f) by striking “the second paragraph (4)”, was executed by striking the par. (4) added by Pub. L. 109–469, § 105(f), to reflect the probable intent of Congress . Text read as follows: “A copy of each fund control notice shall be transmitted to thePub. L. 115–271, § 8217(2)(B)(i), which directed the amendment of subsec. (f) by striking “the first paragraph (5)”, was executed by striking the par. (5) added by Pub. L. 109–469, § 103(e), to reflect the probable intent of Congress . Text read as follows: “TheCongress .”

Subsecs. (i) to (k). Pub. L. 115–271, § 8217(f)(3), added subsecs. (i) to (k).

2012—Subsec. (a)(1). Pub. L. 112–166 amended par. (1) generally. Prior to amendment, text read as follows: “TheSenate , and shall serve at the pleasure of the President. In appointing the DeputyPub. 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)(3). Pub. L. 109–469, § 103(a), amended par. (3) generally. Prior to amendment, text read as follows: “In the absence of the DeputyPub. L. 109–469, § 103(b)(1), substituted Pub. L. 109–469, § 103(b)(2), inserted “and thePub. L. 109–469, § 103(b)(3), struck out “(beginning in 1999)” after “basis” in introductory provisions.

Subsec. (b)(14). Pub. L. 109–469, § 103(b)(4), added par. (14) and struck out former par. (14) which read as follows: “shall submit to the Appropriations committees and the authorizing committees of jurisdiction of the House of Representatives and the Senate on an annual basis, not later than 60 days after the date of the last day of the applicable period, a summary of—

“(A) each of the evaluations received by the section 1705(c) of this title; and”.

Subsec. (b)(15)(C). Pub. L. 109–469, § 103(b)(5), added subpar. (C) and struck out former subpar. (C) which read as follows: “developing a single interagency clearinghouse for the dissemination of research and information by such agencies to State and local governments and nongovernmental agencies involved in demand reduction.”

Subsec. (b)(16) to (20). Pub. L. 109–469, § 103(b)(6), added pars. (16) to (20).

Subsec. (c)(2). Pub. L. 109–469, § 105(b)(1), inserted “and the head of each major national organization that representsPub. L. 109–469, § 105(b)(2), inserted “and to inform Congress and the public about the total amount proposed to be spent on all supply reduction, demand reduction,Pub. L. 109–469, § 105(c)(2), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (c)(3)(D). Pub. L. 109–469, § 105(c)(1), redesignated subpar. (C) as (D). Former subpar. (D) redesignated (E).

Subsec. (c)(4)(A). Pub. L. 109–469, § 105(d), substituted “$1,000,000” for “$5,000,000” and inserted at end “If theCongress .”

Subsec. (d)(8)(D). Pub. L. 109–469, § 105(e)(1), substituted “authorized by law;” for “have been authorized by Congress ;”.

Subsec. (d)(9). Pub. L. 109–469, § 105(e)(2), which directed the substitution of Pub. L. 109–469, § 103(d)(1). See below.

Pub. L. 109–469, § 103(d)(1), substituted Pub. L. 109–469, §§ 103(d)(2) and 105(e)(3), made identical amendments, inserting “and section 2291j–1 of title 22” before period at end.

Subsec. (f)(4), (5). Pub. L. 109–469, § 105(f), added pars. (4) and (5) set out second.

Pub. L. 109–469, § 103(e), added pars. (4) and (5) set out first.

Subsec. (g). Pub. L. 109–469, § 103(f)(3)(A), amended subsec. (g) generally. Prior to amendment, text read as follows: “The provisions of this section shall not apply to the National Foreign Intelligence Program , the Joint Military Intelligence Program and Tactical Intelligence and Related Activities unless thePub. L. 109–469, § 103(f)(3)(B), amended subsec. (h) generally. Prior to amendment, text read as follows: “Nothing in this chapter shall be construed as derogating the authorities and responsibilities of thePub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of this section effective Sept. 30, 2010 , was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title.

Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012 , and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.