§ 1701. Definitions

§ 1701. Definitions

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

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

(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 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 11 So in original. Probably should be “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 The term “National Drug Control Strategy” or “Strategy” means the strategy developed and submitted to Congress under section 1705 of this title, including any report, plan, or strategy required to be incorporated into or issued concurrently with such strategy.

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

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

(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) 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.

(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 VII, §§ 702, 715, Oct. 21, 1998, 112 Stat. 2681–670, 2681–693; Pub. L. 109–469, title I, § 101, title VI, § 602, Dec. 29, 2006, 120 Stat. 3503, 3533; Pub. L. 115–271, title VIII, §§ 8202(a), (b)(2), 8216, Oct. 24, 2018, 132 Stat. 4110, 4117; Pub. L. 116–74, § 2(a)(1), (3), Nov. 27, 2019, 133 Stat. 1155.)

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title VII of div. C of Pub. L. 105–277, 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 below and Tables.

Amendments

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

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

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 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 below.

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

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

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

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

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

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

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

Par. (11). Pub. L. 115–271, § 8216(4), (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 section 1703(d) of this title) an agency that is described in section 530C(a) of title 28, unless such agency has been designated—

“(A) by the President; or

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

Par. (12). Pub. L. 115–271, § 8216(10), 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.”

Par. (13). Pub. L. 115–271, § 8216(1), (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.”

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

1998—Pub. 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.

Statutory Notes and Related Subsidiaries

Change of Name

Committee 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, Jan. 9, 2019. 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, Jan. 9, 2023.

Short Title of 2019 Amendment

Pub. L. 116–74, § 1, Nov. 27, 2019, 133 Stat. 1155, provided that: “This Act [see Tables for classification] may be cited as the ‘ONDCP Technical Corrections Act of 2019’.”

Short Title of 2018 Amendment

Pub. L. 115–271, title VIII, § 8201, Oct. 24, 2018, 132 Stat. 4110, provided that: “This subtitle [subtitle K (§§ 8201–8222) of title VIII of Pub. L. 115–271, see Tables for classification] may be cited as the ‘Substance Abuse Prevention Act of 2018’.”

Short Title of 2010 Amendment