21 U.S.C. § 1701 | Definitions

In this chapter:

(1)

Agency

section 102 of title 31The term “agency” has the meaning given the term “executive agency” in .

(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 care services for the treatment of substance use disorders;

(I)

international drug control coordination and cooperation with respect to activities described in this paragraph;

(J)

pre- and post-arrest criminal justice interventions such as diversion programs, drug courts, and the provision of evidence-based treatment to individuals with substance use disorders who are arrested or under some form of criminal justice supervision, including medication assisted treatment;

(K)

other coordinated and joint initiatives among Federal, State, local, and Tribal agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs;

(L)

international illicit drug use education, prevention, treatment, recovery, research, rehabilitation activities, and interventions for illicit drug use and dependence; and

(M)

research related to illicit drug use and any of the activities described in this paragraph.

(4)

Director

The term “Director” means the Director of National Drug Control Policy.

(5)

Drug

section 802(6) of this titleThe term “drug” has the meaning given the term “controlled substance” in .

(6)

Drug control

The term “drug control” means any activity conducted by a National Drug Control Program agency involving supply reduction or demand reduction.

(7)

Emerging drug threat

The term “emerging drug threat” means the occurrence of a new and growing trend in the use of an illicit drug or class of drugs, including rapid expansion in the supply of or demand for such drug.

(8)

Illicit drug use; illicit drugs; illegal drugs

The terms “illicit drug use”, “illicit drugs”, and “illegal drugs” include the illegal or illicit use of prescription drugs.

(9)

Law enforcement

The term “law enforcement” or “drug law enforcement” means all efforts by a Federal, State, local, or Tribal government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalties.

(10)

National Drug Control Program

1 So in original. Probably should be “Tribal”.

The term “National Drug Control Program” means programs, policies, and activities undertaken by National Drug Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy, including any activities involving supply reduction, demand reduction, or State, local, and tribal  affairs.

(11)

National Drug Control Program agency

The term “National Drug Control Program agency” means any agency (or bureau, office, independent agency, board, division, commission, subdivision, unit, or other component thereof) that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Intelligence Program or the Joint Military Intelligence Program.

(12)

National Drug Control Strategy

section 1705 of this titleThe term “National Drug Control Strategy” or “Strategy” means the strategy developed and submitted to Congress under , including any report, plan, or strategy required to be incorporated into or issued concurrently with such strategy.

(13)

Nonprofit organization

section 501(c)(3) of title 26The term “nonprofit organization” means an organization that is described in and exempt from tax under section 501(a) of such title.

(14)

Office

section 1702(a) of this titleThe term “Office” means the Office of National Drug Control Policy established under .

(15)

State, local, and Tribal affairs

The term “State, local, and Tribal affairs” means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of illegal drugs, including—

(A)

coordination and enhancement of Federal, State, local, and Tribal law enforcement drug control efforts;

(B)

coordination and enhancement of efforts among National Drug Control Program agencies and State, local, and Tribal demand reduction and supply reduction agencies;

(C)

coordination and enhancement of Federal, State, local, and Tribal law enforcement initiatives to gather, analyze, and disseminate information and law enforcement intelligence relating to drug control among domestic law enforcement agencies; and

(D)

(16)

Substance use disorder treatment

The term “substance use disorder treatment” means an evidence-based, professionally directed, deliberate, and planned regimen including evaluation, observation, medical monitoring, and rehabilitative services and interventions such as pharmacotherapy, behavioral therapy, and individual and group counseling, on an inpatient or outpatient basis, to help patients with substance use disorder reach recovery.

(17)

Supply reduction

The term “supply reduction” means any activity or program conducted by a National Drug Control Program agency that is intended to reduce the availability or use of illegal drugs in the United States or abroad, including—

(A)

law enforcement outside the United States;

(B)

domestic law enforcement;

(C)

source country programs, including economic development programs primarily intended to reduce the production or trafficking of illicit drugs;

(D)

activities to control international trafficking in, and availability of, illegal drugs, including—

(i)

accurate assessment and monitoring of international drug production and interdiction programs and policies; and

(ii)

coordination and promotion of compliance with international treaties relating to the production, transportation, or interdiction of illegal drugs;

(E)

activities to conduct and promote international law enforcement programs and policies to reduce the supply of drugs;

(F)

activities to facilitate and enhance the sharing of domestic and foreign intelligence information among National Drug Control Program agencies, relating to the production and trafficking of drugs in the United States and in foreign countries;

(G)

activities to prevent the diversion of drugs for their illicit use; and

(H)

research related to any of the activities described in this paragraph.

Pub. L. 105–277, div. C, title VIIOct. 21, 1998112 Stat. 2681–670 Pub. L. 109–469, title I, § 101Dec. 29, 2006120 Stat. 3503 Pub. L. 115–271, title VIIIOct. 24, 2018132 Stat. 4110 Pub. L. 116–74, § 2(a)(1)Nov. 27, 2019133 Stat. 1155(, §§ 702, 715, , , 2681–693; , title VI, § 602, , , 3533; , §§ 8202(a), (b)(2), 8216, , , 4117; , (3), , .)

Editorial Notes

References in Text

Pub. L. 105–277Oct. 21, 1998112 Stat. 2681–670This chapter, referred to in text, was in the original “this title”, meaning title VII of div. C of , , , which is classified principally to this chapter. For complete classification of title VII to the Code, see Short Title note set out below and Tables.

Amendments

Pub. L. 116–74, § 2(a)(1)2019—Pars. (3), (11). , substituted “National Drug Control Program agency” for “National Drug Control Program Agency”.

Pub. L. 116–74, § 2(a)(3)Par. (15). , substituted “Tribal” for “tribal” wherever appearing.

Pub. L. 115–271, § 8202(b)(2)Pub. L. 105–277, § 7152018—, repealed . See 1998 Amendment note below.

Pub. L. 115–271, § 8202(a)Sept. 29, 2003Pub. L. 109–469 Pub. L. 112–166, revived and restored this section as in effect on , and as amended by and . See Reauthorization of the Office of National Drug Control Policy note set out below.

Pub. L. 115–271, § 8216(6)Pars. (1), (2). , added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively.

Pub. L. 115–271, § 8216(5)Par. (3). , (7), redesignated par. (1) as (3) and amended it generally. Prior to amendment, par. defined demand reduction.

Pub. L. 115–271, § 8216(5)Par. (4). , redesignated par. (2) as (4). Former par. (4) redesignated (6).

Pub. L. 115–271, § 8216(1)section 1702(d) of this titlePar. (5). , (5), redesignated par. (3) as (5) and struck out former par. (5) which defined the term “Fund” as the fund established under .

Pub. L. 115–271, § 8216(5)Par. (6). , redesignated par. (4) as (6). Former par. (6) redesignated (10).

Pub. L. 115–271, § 8216(8)Pars. (7) to (9). , added pars. (7) to (9). Former pars. (7), (8), and (9) redesignated (11), (12), and (14), respectively.

Pub. L. 115–271, § 8216(4)Par. (10). , redesignated par. (6) as (10). Former par. (10) redesignated (15).

Pub. L. 115–271, § 8216(4)section 1703(d) of this title section 530C(a) of title 28Par. (11). , (9), redesignated par. (7) as (11) and amended it generally. Prior to amendment, text read as follows: “The term ‘National Drug Control Program agency’ means any agency that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Intelligence Program, the Joint Military Intelligence Program or Tactical Intelligence and Related Activities, or (for purposes of ) an agency that is described in , unless such agency has been designated—

“(A) by the President; or

“(B) jointly by the Director and the head of the agency.”

Pub. L. 115–271, § 8216(10)Par. (12). , inserted “or ‘Strategy’ ” before “means” and “, including any report, plan, or strategy required to be incorporated into or issued concurrently with such strategy” before period at end.

Pub. L. 115–271, § 8216(1), (4), redesignated par. (8) as (12) and struck out former par. (12). Prior to amendment, text of par. (12) read as follows: “Except where otherwise provided, the term ‘appropriate congressional committees’ means the Committee on the Judiciary, the Committee on Appropriations, and the Caucus on International Narcotics Control of the Senate and the Committee on Government Reform, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.”

Pub. L. 115–271, § 8216(1)Par. (13). , (11), added par. (13) and struck out former par. (13). Prior to amendment, text read as follows: “The term ‘law enforcement’ or ‘drug law enforcement’ means all efforts by a Federal, State, local, or tribal government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalties.”

Pub. L. 115–271, § 8216(3)Par. (14). , (12), redesignated par. (9) as (14) and substituted “The” for “Unless the context clearly indicates otherwise, the”.

Pub. L. 115–271, § 8216(3)Par. (15). , redesignated par. (10) as (15).

Pub. L. 115–271, § 8216(13)Par. (16). , added par. (16).

Pub. L. 115–271, § 8216(2)Par. (17). , redesignated par. (11) as (17).

Pub. L. 115–271, § 8216(14)Par. (17)(B) to (H). , added subpar. (B), redesignated former subpars. (B) to (E) as (C) to (F), respectively, and added subpars. (G) and (H).

Pub. L. 109–469, § 602 Pub. L. 105–277, § 7152006—, amended , which provided for the repeal of this section. See 1998 Amendment note below.

Pub. L. 109–469, § 101(a)(2)Par. (1)(G). , substituted “, including the testing of employees;” for period at end.

Pub. L. 109–469, § 101(a)(1)Par. (1)(H) to (J). , (3), added subpars. (H) to (J).

Pub. L. 109–469, § 101(b)Par. (6). , inserted “, including any activities involving supply reduction, demand reduction, or State, local, and tribal affairs” before period at end.

Pub. L. 109–469, § 101(c)section 1703(d) of this title section 530C(a) of title 28Par. (7). , in introductory provisions, substituted “National Intelligence Program,” for “National Foreign Intelligence Program,” and inserted “or (for purposes of ) an agency that is described in ,” after “Related Activities,”.

Pub. L. 109–469, § 101(d)Par. (9). , substituted “indicates” for “implicates”.

Pub. L. 109–469, § 101(e)Par. (10). , amended par. (10) generally. Prior to amendment, text defined the term “State and local affairs”.

Pub. L. 109–469, § 101(f)Par. (11). , amended par. (11) generally. Prior to amendment, text defined the term “supply reduction”.

Pub. L. 109–469, § 101(g)Pars. (12), (13). , added pars. (12) and (13).

Pub. L. 105–277, § 715 Pub. L. 109–469, § 602Sept. 30, 2010Pub. L. 115–271, § 8202(b)(2)section 1712 of this title1998—, as amended by , which provided for the repeal of this section effective , was repealed by . See former .

Statutory Notes and Related Subsidiaries

Change of Name

Jan. 9, 2019Jan. 9, 2023Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, . Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .

Short Title of 2019 Amendment

Pub. L. 116–74, § 1Nov. 27, 2019133 Stat. 1155

“This Act [see Tables for classification] may be cited as the ‘ONDCP Technical Corrections Act of 2019’.”

, , , provided that:

Short Title of 2018 Amendment

Pub. L. 115–271, title VIII, § 8201Oct. 24, 2018132 Stat. 4110

Pub. L. 115–271“This subtitle [subtitle K (§§ 8201–8222) of title VIII of , see Tables for classification] may be cited as the ‘Substance Abuse Prevention Act of 2018’.”

, , , provided that:

Short Title of 2010 Amendment

Pub. L. 111–356, § 1Jan. 4, 2011124 Stat. 3976

section 1705 of this title“This Act [amending provisions set out as a note under ] may be cited as the ‘Northern Border Counternarcotics Strategy Act of 2010’.”

, , , provided that:

Short Title of 2006 Amendment

Pub. L. 109–469, § 1(a)Dec. 29, 2006120 Stat. 3502

section 458 of Title 6 section 112 of Title 32 section 1521 of this title section 1801 of this title“This Act [enacting sections 1708a, 1714, 2001 to 2003, and 2011 to 2014 of this title, amending this section, sections 823, 1524, 1532, 1702 to 1708, 1710 to 1712 of this title, and , Domestic Security, repealing sections 1509, 1709, and 1801 to 1804 of this title, enacting provisions set out as notes under this section, sections 1532, 1705, 1706, and 2001 of this title, and , National Guard, amending provisions set out as a note under , and repealing provisions set out as a note under ] may be cited as the ‘Office of National Drug Control Policy Reauthorization Act of 2006’.”

, , , provided that:

Pub. L. 109–469, title III, § 302(a)Dec. 29, 2006120 Stat. 3524

section 1706 of this title section 1706 of this title“This section [amending and enacting provisions set out as a note under ] may be cited as the ‘Dawson Family Community Protection Act’.”

, , , provided that:

Short Title

Pub. L. 105–277, div. C, title VIIOct. 21, 1998112 Stat. 2681–670 Pub. L. 109–469, title VI, § 602Dec. 29, 2006120 Stat. 3533 Pub. L. 115–271, title VIII, § 8202(a)Oct. 24, 2018132 Stat. 4110

section 1509 of this title section 1105 of Title 31 section 402 of Title 50“This title [enacting this chapter and amending , sections 5312 to 5314 of Title 5, Government Organization and Employees, , Money and Finance, and , War and National Defense] may be cited as the ‘Office of National Drug Control Policy Reauthorization Act of 1998’.”

, §§ 701, 715, , , 2681–693, as amended by , , ; , (b)(2), , , provided that:

Reauthorization of the Office of National Drug Control Policy and Revival of Office of National Drug Control Policy Reauthorization Act of 1998

Pub. L. 115–271, title VIII, § 8202(a)Oct. 24, 2018132 Stat. 4110

“(1)

In general .—

21 U.S.C. 1701 Pub. L. 105–277September 29, 2003The Office of National Drug Control Policy Reauthorization Act of 1998 ( et seq.) [title VII of div. C of , see Short Title note set out above], as in effect on , and as amended by the laws described in paragraph (2), is revived and restored.

“(2)

Laws described .—

The laws described in this paragraph are:

“(A)

Public Law 109–469 120 Stat. 3502 The Office of National Drug Control Policy Reauthorization Act of 2006 (; ) [see Short Title of 2006 Amendment note set out above].

“(B)

Public Law 112–166 126 Stat. 1283 section 101 of Title 5 The Presidential Appointment Efficiency and Streamlining Act of 2011 (; ) [see Short Title of 2012 Amendment note set out under , Government Organization and Employees].”

, , , provided that:

Model Acts

Pub. L. 109–469, title XI, § 1105Dec. 29, 2006120 Stat. 3541 Pub. L. 115–271, title VIII, § 8217(h)Oct. 24, 2018132 Stat. 4125 section 1703(i) of this title, , , which directed the Director of the Office of National Drug Control Policy to enter into an agreement with a non-profit corporation to advise States on establishing laws and policies to address alcohol and other drug issues based on the model State drug laws developed by the President’s Commission on Model State Drug Laws in 1993, was repealed by , , . See .

Executive Documents

Ex. Ord. No. 13165. White House Task Force on Drug Use in Sports and United States Representative on the Board of the World Anti-Doping Agency

Aug. 9, 2000Feb. 28, 2003Ex. Ord. No. 13165, , 65 F.R. 49469, as amended by Ex. Ord. No. 13286, § 11, , 68 F.R. 10622, provided:

21 U.S.C. 1701et seqBy the authority vested in me as President by the Constitution and the laws of the United States of America, including the Office of National Drug Control [Policy] Reauthorization Act of 1998, ( .), and in order to develop recommendations for Federal agency actions to address the use of drugs in sports, in particular among young people, it is hereby ordered as follows:

SectionPolicy 1. . The use of drugs in sports has reached a level that endangers not just the legitimacy of athletic competition but also the lives and health of athletes—from the elite ranks to youth leagues. The National Household Survey on Drug Abuse issued in 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 international level.

SecEstablishment of a White House Task Force on Drug Use in Sports. 2. . (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 Department 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 Security, the National Institute on Drug Abuse, and the Substance Abuse and Mental Health Services Administration.

(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 recommendations, the Task Force shall consider, among other things: (i) the health and safety of America’s athletes, in particular our Nation’s young people; (ii) the integrity of honest athletic competition; and (iii) the views and recommendations of State and local governments, the private sector, citizens, community groups, and nonprofit organizations, on actions to address this threat. The Task Force, through its Chairs, shall submit its recommendations to the President.

(c) The Director of the Office of National Drug Control Policy (the Director), the Secretary of the Department 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.

SecParticipation in the World Anti-Doping Agency. 3. . (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.

21 U.S.C. 1701et seq(b) Pursuant to ., the Director, or in his absence his designee, is hereby authorized to take all necessary and proper actions to execute his responsibilities as United States representative to the WADA.

inter alia(c) To assist the Director in carrying out these responsibilities as the United States Government representative to the WADA and to the extent permitted by law, Federal employees may serve in their official capacity, , on WADA Committees or WADA advisory committees, serving as experts to the WADA.