Browse Arkansas Code titles and sections
21 U.S.C. § 1705 — Development, submission, implementa-
Federal law — U.S. Code and appendices · legal_authorities
Page 973
TITLE 21—FOOD AND DRUGS
§ 1705
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.
AMENDMENTS
2019—Pub. L. 116–74, § 2(a)(1), substituted ‘‘National
Drug Control Program agency’’ for ‘‘National Drug
Control Program Agency’’ wherever appearing.
Subsec. (d)(1). Pub. L. 116–74, § 2(a)(6)(A), substituted
‘‘than every’’ for ‘‘that every’’.
Subsec. (f)(1)(A)(i). Pub. L. 116–74, § 2(a)(6)(B)(i)(I),
substituted ‘‘grant; and’’ for ‘‘grant;’’.
Subsec. (f)(1)(C). Pub. L. 116–74, § 2(a)(6)(B)(i)(II), in-
serted ‘‘that may impede applicants’’ after ‘‘barriers’’
and struck out ‘‘impediments that applicants currently
have in the grant application process with applicable
agencies’’ before period at end.
Subsec. (f)(2). Pub. L. 116–74, § 2(a)(6)(B)(ii), sub-
stituted ‘‘Drug Control Program’’ for ‘‘Drug Control’’
in heading.
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 L. 115–271, § 8202(b)(2), repealed Pub.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. (d). Pub. L. 115–271, § 8217(g)(1), amended sub-
sec. (d) generally. Prior to amendment, text read as fol-
lows: ‘‘The Director shall—
‘‘(A) require the National Drug Control Program
agencies to submit to the Director not later than
February 1 of each year a detailed accounting of all
funds expended by the agencies for
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Page 973
TITLE 21—FOOD AND DRUGS
§ 1705
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.
AMENDMENTS
2019—Pub. L. 116–74, § 2(a)(1), substituted ‘‘National
Drug Control Program agency’’ for ‘‘National Drug
Control Program Agency’’ wherever appearing.
Subsec. (d)(1). Pub. L. 116–74, § 2(a)(6)(A), substituted
‘‘than every’’ for ‘‘that every’’.
Subsec. (f)(1)(A)(i). Pub. L. 116–74, § 2(a)(6)(B)(i)(I),
substituted ‘‘grant; and’’ for ‘‘grant;’’.
Subsec. (f)(1)(C). Pub. L. 116–74, § 2(a)(6)(B)(i)(II), in-
serted ‘‘that may impede applicants’’ after ‘‘barriers’’
and struck out ‘‘impediments that applicants currently
have in the grant application process with applicable
agencies’’ before period at end.
Subsec. (f)(2). Pub. L. 116–74, § 2(a)(6)(B)(ii), sub-
stituted ‘‘Drug Control Program’’ for ‘‘Drug Control’’
in heading.
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. (d). Pub. L. 115–271, § 8217(g)(1), amended sub-
sec. (d) generally. Prior to amendment, text read as fol-
lows: ‘‘The Director shall—
‘‘(A) require the National Drug Control Program
agencies to submit to the Director not later than
February 1 of each year a detailed accounting of all
funds expended by the agencies for National Drug
Control Program activities during the previous fiscal
year, and require such accounting to be authenti-
cated by the Inspector General for each agency prior
to submission to the Director; and
‘‘(B) submit to Congress not later than April 1 of
each year the information submitted to the Director
under subparagraph (A).’’
Subsec. (e). Pub. L. 115–271, § 8207, added subsec. (e).
Subsec. (f). Pub. L. 115–271, § 8217(g)(2), added subsec.
(f).
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)(1)(A). Pub. L. 109–469, § 104(1), struck out
‘‘abuse’’ after ‘‘drug’’.
Subsec. (a)(2)(A). Pub. L. 109–469, § 104(2), substituted
‘‘Director of National Intelligence’’ for ‘‘Director of
Central Intelligence’’.
Subsec. (a)(2)(B). Pub. L. 109–469, § 104(3), substituted
‘‘Director of National Intelligence and the Director of
the Central Intelligence Agency’’ for ‘‘Director of Cen-
tral Intelligence’’.
Subsec. (a)(3). Pub. L. 109–469, § 104(4), amended par.
(3) generally. Prior to amendment, text read as follows:
‘‘The Secretary of Agriculture shall annually submit to
the Director an assessment of the acreage of illegal
drug cultivation in the United States.’’
Subsec. (b)(2)(B). Pub. L. 109–469, § 104(5), substituted
‘‘Strategy’’ for ‘‘Program’’.
Subsec. (c). Pub. L. 109–469, § 104(6), substituted ‘‘on’’
for ‘‘in’’.
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.
§ 1705. Development, submission, implementa-
tion, and assessment of National Drug Con-
trol Strategy
(a) In general
(1) Statement of drug policy priorities
The Director shall release a statement of
drug control policy priorities in the calendar
year of a Presidential inauguration following
the inauguration, but not later than April 1.
(2) National Drug Control Strategy submitted
by the President
Not later than the first Monday in February
following the year in which the term of the
President commences, and every 2 years there-
after, the President shall submit to Congress a
National Drug Control Strategy.
(b) Development of the National Drug Control
Strategy
(1) Promulgation
The Director shall promulgate the National
Drug Control Strategy, which shall set forth a
comprehensive plan to reduce illicit drug use
and the consequences of such illicit drug use
in the United States by limiting the avail-
ability of and reducing the demand for illegal
drugs and promoting prevention, early inter-
vention, treatment, and recovery support for
individuals with substance use disorders.
(2) State and local commitment
The Director shall seek the support and
commitment of State, local, and Tribal offi-
cials in the formulation and implementation
of the National Drug Control Strategy.
(3) Strategy based on evidence
The Director shall ensure the National Drug
Control Strategy is based on the best available
evidence regarding the policies that are most
effective in reducing the demand for and sup-
ply of illegal drugs.
(4) Process for development and submission of
National Drug Control Strategy
In developing and effectively implementing
the National Drug Control Strategy, the Di-
rector—
(A) shall consult with—
(i) the heads of the National Drug Con-
trol Program agencies;
(ii) each Coordinator listed in section
1703 of this title;
(iii) the Interdiction Committee and the
Emerging Threats Committee;
(iv) the appropriate congressional com-
mittees and any other committee of juris-
diction;
(v) State, local, and Tribal officials;
(vi) private citizens and organizations,
including community and faith-based or-
ganizations, with experience and expertise
in demand reduction;
(vii) private citizens and organizations
with experience and expertise in supply re-
duction; and
(viii) appropriate representatives of for-
eign governments; and
(B) in satisfying the requirements of sub-
paragraph (A), shall ensure, to the maximum
extent possible, that State, local, and Tribal
officials and relevant private organizations
commit to support and take steps to achieve
the goals and objectives of the National
Drug Control Strategy.
Page 974
TITLE 21—FOOD AND DRUGS
§ 1705
(c) Contents of the National Drug Control Strat-
egy
(1) In general
The National Drug Control Strategy sub-
mitted under subsection (a)(2) shall include
the following:
(A) A mission statement detailing the
major functions of the National Drug Con-
trol Program.
(B) Comprehensive, research-based, long-
range, quantifiable goals for reducing illicit
drug use, and the consequences of illicit
drug use in the United States.
(C) Annual quantifiable and measurable
objectives and specific targets to accomplish
long-term quantifiable goals that the Direc-
tor determines may be achieved during each
year beginning on the date on which the Na-
tional Drug Control Strategy is submitted.
(D) A 5-year projection for the National
Drug Control Program and budget priorities.
(E) A review of international, State, local,
and private sector drug control activities to
ensure that the United States pursues co-
ordinated and effective drug control at all
levels of government.
(F) A description of how each goal estab-
lished
under
subparagraph
(B)
will
be
achieved, including for each goal—
(i) a list of each relevant National Drug
Control Program agency and each such
agency’s related programs, activities, and
available assets and the role of each such
program, activity, and asset in achieving
such goal;
(ii) a list of relevant stakeholders and
each such stakeholder’s role in achieving
such goal;
(iii) an estimate of Federal funding and
other resources needed to achieve such
goal;
(iv) a list of each existing or new coordi-
nating mechanism needed to achieve such
goal; and
(v) a description of the Office’s role in fa-
cilitating the achievement of such goal.
(G) For each year covered by the Strategy,
a performance evaluation plan for each goal
established under subparagraph (B) for each
National Drug Control Program agency, in-
cluding—
(i) specific performance measures for
each National Drug Control Program agen-
cy;
(ii) annual and, to the extent prac-
ticable, quarterly objectives and targets
for each performance measure; and
(iii) an estimate of Federal funding and
other resources needed to achieve each
performance objective and target.
(H) A list identifying existing data sources
or a description of data collection needed to
evaluate performance, including a descrip-
tion of how the Director will obtain such
data.
(I) A list of any anticipated challenges to
achieving the National Drug Control Strat-
egy goals and planned actions to address
such challenges.
(J) A description of how each goal estab-
lished under subparagraph (B) was deter-
mined, including—
(i) a description of each required con-
sultation and a description of how such
consultation was incorporated; and
(ii) data, research, or other information
used to inform the determination to estab-
lish the goal.
(K) A description of the current prevalence
of illicit drug use in the United States, in-
cluding both the availability of illicit drugs
and the prevalence of substance use dis-
orders.
(L) Such other statistical data and infor-
mation as the Director considers appropriate
to demonstrate and assess trends relating to
illicit drug use, the effects and consequences
of illicit drug use (including the effects on
children), supply reduction, demand reduc-
tion, drug-related law enforcement, and the
implementation of the National Drug Con-
trol Strategy.
(M) A systematic plan for increasing data
collection to enable real time surveillance of
drug control threats, developing analysis
and monitoring capabilities, and identifying
and addressing policy questions related to
the National Drug Control Strategy and Pro-
gram, which shall include—
(i) a list of policy-relevant questions for
which the Director and each National Drug
Control Program agency intends to de-
velop evidence to support the National
Drug Control Program and Strategy;
(ii) a list of data the Director and each
National Drug Control Program agency in-
tends to collect, use, or acquire to facili-
tate the use of evidence in drug control
policymaking and monitoring;
(iii) a list of methods and analytical ap-
proaches that may be used to develop evi-
dence to support the National Drug Con-
trol Program and Strategy and related pol-
icy;
(iv) a list of any challenges to developing
evidence to support policymaking, includ-
ing any barriers to accessing, collecting,
or using relevant data;
(v) a description of the steps the Direc-
tor and the head of each National Drug
Control Program agency will take to effec-
tuate the plan; and
(vi) any other relevant information as
determined by the Director.
(N) A plan to expand treatment of sub-
stance use disorders, which shall—
(i) identify unmet needs for treatment
for substance use disorders and a strategy
for closing the gap between available and
needed treatment;
(ii) describe the specific roles and re-
sponsibilities of the relevant National
Drug Control Program agencies for imple-
menting the plan;
(iii) identify the specific resources re-
quired to enable the relevant National
Drug Control Program agencies to imple-
ment that strategy; and
(iv) identify the resources, including pri-
vate sources, required to eliminate the
Page 975
TITLE 21—FOOD AND DRUGS
§ 1705
1 So in original. The comma probably should not appear.
unmet need for evidence-based substance
use disorder treatment.
(2) Consultation
In developing the plan required under para-
graph (1)(M), the Director shall consult with
the following:
(A) The public.
(B) Any evaluation or analysis units and
personnel of the Office.
(C) Office officials responsible for imple-
menting privacy policy.
(D) Office officials responsible for data
governance.
(E) The appropriate congressional commit-
tees.
(F) Any other individual or entity as de-
termined by the Director.
(3) Additional strategies
(A) In general
The Director shall include in the National
Drug Control Strategy the additional strate-
gies described under this paragraph and
shall comply with the following:
(i) Provide a copy of the additional strat-
egies to the appropriate congressional
committees and to the Committee on
Armed Services and the Committee on
Homeland Security of the House of Rep-
resentatives, and the Committee on Home-
land Security and Governmental Affairs
and the Committee on Armed Services of
the Senate.
(ii) Issue the additional strategies in
consultation with the head of each rel-
evant National Drug Control Program
agency, any relevant official of a State,
local, or Tribal government, and the gov-
ernment of other relevant countries.
(iii) Not change any existing agency au-
thority or construe any strategy described
under this paragraph to amend or modify
any law governing interagency relation-
ship but may include recommendations
about changes to such authority or law.
(iv) Present separately from the rest of
any strategy described under this para-
graph any information classified under cri-
teria established by an Executive order, or
whose public disclosure, as determined by
the Director or the head of any relevant
National Drug Control Program agency,
would be detrimental to the law enforce-
ment or national security activities of any
Federal, State, local, or Tribal agency.
(B) Requirement for Southwest Border Coun-
ternarcotics Strategy
(i) Purposes
The Southwest Border Counternarcotics
Strategy shall—
(I) set forth the Government’s strategy
for preventing the illegal trafficking of
drugs across the international border be-
tween the United States and Mexico, in-
cluding through ports of entry and be-
tween ports of entry on that border;
(II) state the specific roles and respon-
sibilities of the relevant National Drug
Control Program agencies for imple-
menting that strategy; and
(III) identify the specific resources re-
quired to enable the relevant National
Drug Control Program agencies to im-
plement that strategy.
(ii) Specific content related to drug tunnels
between the United States and Mexico
The Southwest Border Counternarcotics
Strategy shall include—
(I) a strategy to end the construction
and use of tunnels and subterranean pas-
sages that cross the international border
between the United States and Mexico
for the purpose of illegal trafficking of
drugs across such border; and
(II) recommendations for criminal pen-
alties for persons who construct or use
such a tunnel or subterranean passage
for such a purpose.
(C) Requirement for Northern Border Coun-
ternarcotics Strategy
(i) Purposes
The Northern Border Counternarcotics
Strategy shall—
(I) set forth the strategy of the Federal
Government for preventing the illegal
trafficking of drugs across the inter-
national border between the United
States and Canada, including through
ports of entry and between ports of entry
on the border;
(II) state the specific roles and respon-
sibilities of each relevant National Drug
Control
Program
agency
for
imple-
menting the strategy;
(III) identify the specific resources re-
quired to enable the relevant National
Drug Control Program agencies to im-
plement the strategy;
(IV) be designed to promote, and not
hinder, legitimate trade and travel; and
(V) reflect the unique nature of small
communities along the international
border between the United States and
Canada, ongoing cooperation and coordi-
nation with Canadian law,1 enforcement
authorities, and variations in the vol-
umes of vehicles and pedestrians cross-
ing through ports of entry along the
international border between the United
States and Canada.
(ii) Specific content related to cross-border
Indian reservations
The Northern Border Counternarcotics
Strategy shall include—
(I) a strategy to end the illegal traf-
ficking of drugs to or through Indian res-
ervations on or near the international
border between the United States and
Canada; and
(II) recommendations for additional as-
sistance, if any, needed by Tribal law en-
forcement agencies relating to the strat-
egy, including an evaluation of Federal
technical and financial assistance, infra-
structure capacity building, and inter-
operability deficiencies.
Page 976
TITLE 21—FOOD AND DRUGS
§ 1705
2 So in original. Probably should be followed by ‘‘and’’.
(4) Classified information
Any contents of the National Drug Control
Strategy that involve information properly
classified under criteria established by an Ex-
ecutive order shall be presented to Congress
separately from the rest of the National Drug
Control Strategy.
(5) Selection of data and information
In selecting data and information for inclu-
sion in the Strategy, the Director shall en-
sure—
(A) the inclusion of data and information
that will permit analysis of current trends
against previously compiled data and infor-
mation where the Director believes such
analysis enhances long-term assessment of
the National Drug Control Strategy; and
(B) the inclusion of data and information
to permit a standardized and uniform assess-
ment of the effectiveness of drug treatment
programs in the United States.
(d) Submission of revised Strategy
The President may submit to Congress a re-
vised National Drug Control Strategy that
meets the requirements of this section—
(1) at any time, upon a determination of the
President, in consultation with the Director,
that the National Drug Control Strategy in ef-
fect is not sufficiently effective; or
(2) if a new President or Director takes of-
fice.
(e) Failure of Director to Submit National Drug
Control Strategy
If the Director does not submit a National
Drug Control Strategy to Congress in accord-
ance with subsection (a)(2), not later than five
days after the first Monday in February fol-
lowing the year in which the term of the Presi-
dent commences, the Director shall send a noti-
fication to the appropriate congressional com-
mittees—
(1) explaining why the Strategy was not sub-
mitted; and
(2) specifying the date by which the Strategy
will be submitted.
(f) Drug Control Data Dashboard
(1) In general
The Director shall collect and disseminate,
as appropriate, such information as the Direc-
tor determines is appropriate, but not less
than the information described in this sub-
section. The data shall be publicly available in
a machine-readable format on the online por-
tal of the Office, and to the extent practicable
on the Drug Control Data Dashboard.
(2) Establishment
The Director shall publish to the online por-
tal of the Office in a machine-readable, sort-
able, and searchable format, or to the extent
practicable, establish and maintain a data
dashboard on the online portal of the Office to
be known as the ‘‘Drug Control Data Dash-
board’’. To the extent practicable, when estab-
lishing the Drug Control Dashboard, the Direc-
tor shall ensure the user interface of the dash-
board is constructed with modern design
standards. To the extent practicable, the data
made available on the dashboard shall be pub-
licly available in a machine-readable format
and searchable by year, agency, drug, and lo-
cation.
(3) Data
The data included in the Drug Control Data
Dashboard shall be updated quarterly to the
extent practicable, but not less frequently
than annually and shall include, at a min-
imum, the following:
(A) For each substance identified by the
Director as having a significant impact on
the prevalence of illicit drug use—
(i) data sufficient to show the quantities
of such substance available in the United
States, including—
(I) the total amount seized and dis-
rupted in the calendar year and each of
the previous 3 calendar years, including
to the extent practicable the amount
seized by State, local, and Tribal govern-
ments;
(II) the known and estimated flows
into the United States from all sources
in the calendar year and each of the pre-
vious 3 calendar years;
(III) the total amount of known flows
that could not be interdicted or dis-
rupted in the calendar year and each of
the previous 3 calendar years;
(IV) the known and estimated levels of
domestic production in the calendar year
and each of the previous three calendar
years, including the levels of domestic
production if the drug is a prescription
drug, as determined under the Federal
Food, Drug, and Cosmetic Act [21 U.S.C.
301 et seq.], for which a listing is in ef-
fect under section 812 of this title;
(V) the average street price for the cal-
endar year and the highest known street
price during the preceding 10-year pe-
riod; and
(VI) to the extent practicable, related
prosecutions by State, local, and Tribal
governments; 2
(ii) data sufficient to show the frequency
of use of such substance, including—
(I) use of such substance in the work-
place and productivity lost by such use;
(II) use of such substance by arrestees,
probationers, and parolees;
(III) crime and criminal activity re-
lated to such substance; and
(IV) to the extent practicable, related
prosecutions by State, local, and Tribal
governments.
(B) For the calendar year and each of the
previous three years data sufficient to show,
disaggregated by State and, to the extent
feasible, by region within a State, county, or
city, the following:
(i) The number of fatal and non-fatal
overdoses caused by each drug identified
under subparagraph (A)(i).
(ii) The prevalence of substance use dis-
orders.
Page 977
TITLE 21—FOOD AND DRUGS
§ 1705
3 So in original.
(iii) The number of individuals who have
received substance use disorder treatment,
including medication assisted treatment,
for a substance use disorder, including
treatment provided through publicly-fi-
nanced health care programs.
(iv) The extent of the unmet need for
substance use disorder treatment, includ-
ing the unmet need for medication-as-
sisted treatment.
(C) Data sufficient to show the extent of
prescription drug diversion, trafficking, and
misuse in the calendar year and each of the
previous 3 calendar years.
(D) Any quantifiable measures the Direc-
tor determines to be appropriate to detail
progress toward the achievement of the
goals of the National Drug Control Strategy.
(g) Development of an annual national drug con-
trol assessment
(1) Timing
Not later than the first Monday in February
of each year, the Director shall submit to the
President, Congress, and the appropriate con-
gressional committees, a report assessing the
progress of each National Drug Control Pro-
gram agency toward achieving each goal, ob-
jective, and target contained in the National
Drug Control Strategy applicable to the prior
fiscal year.
(2) Process for development of the annual as-
sessment
Not later than November 1 of each year, the
head of each National Drug Control Program
agency shall submit, in accordance with guid-
ance issued by the Director, to the Director an
evaluation of progress by the agency with re-
spect to the National Drug Control Strategy
goals using the performance measures for the
agency developed under this chapter, includ-
ing progress with respect to—
(A) success in achieving the goals of the
National Drug Control Strategy;
(B) success in reducing domestic and for-
eign sources of illegal drugs;
(C) success in expanding access to and in-
creasing the effectiveness of substance use
disorder treatment;
(D) success in protecting the borders of the
United States (and in particular the South-
western border of the United States) from
penetration by illegal narcotics;
(E) success in reducing crime associated
with drug use in the United States;
(F) success in reducing the negative health
and social consequences of drug use in the
United States;
(G) implementation of evidence-based sub-
stance use disorder treatment and preven-
tion programs in the United States and im-
provements in the adequacy and effective-
ness of such programs; and
(H) success in increasing the prevention of
illicit drug use.
(3) Contents of the annual assessment
The Director shall include in the annual as-
sessment required under paragraph (1)—
(A) a summary of each evaluation received
by the Director under paragraph (2);
(B) a summary of the progress of each Na-
tional Drug Control Program agency toward
the National Drug Control Strategy goals of
the agency using the performance measures
for the agency developed under this chapter;
(C) an assessment of the effectiveness of
each National Drug Control Program agency
and program in achieving the National Drug
Control Strategy for the previous year, in-
cluding a specific evaluation of whether the
applicable goals, measures, objectives, and
targets for the previous year were met; and
(D) the assessments required under this
subsection shall be based on the Perform-
ance Measurement System.3
(h) Performance measurement system
Not later than February 1 of each year, the Di-
rector shall submit to Congress as part of the
National Drug Control Strategy, a description of
a national drug control performance measure-
ment system, that—
(1) develops 2-year and 5-year performance
measures and targets for each National Drug
Control Strategy goal and objective estab-
lished for reducing drug use, availability, and
the consequences of drug use;
(2) describes the sources of information and
data that will be used for each performance
measure incorporated into the performance
measurement system;
(3) identifies major programs and activities
of the National Drug Control Program agen-
cies that support the goals and annual objec-
tives of the National Drug Control Strategy;
(4) evaluates the contribution of demand re-
duction and supply reduction activities as de-
fined in section 1701 of this title implemented
by each National Drug Control Program agen-
cy in support of the National Drug Control
Strategy;
(5) monitors consistency between the drug-
related goals and objectives of the National
Drug Control Program agencies and ensures
that each agency’s goals and budgets support
and are fully consistent with the National
Drug Control Strategy;
(6) coordinates the development and imple-
mentation of national drug control data col-
lection and reporting systems to support pol-
icy formulation and performance measure-
ment, including an assessment of—
(A) the quality of current drug use meas-
urement instruments and techniques to
measure supply reduction and demand re-
duction activities;
(B) the adequacy of the coverage of exist-
ing national drug use measurement instru-
ments and techniques to measure the illicit
drug user population, and groups that are at
risk for illicit drug use;
(C) the adequacy of the coverage of exist-
ing national treatment outcome monitoring
systems to measure the effectiveness of drug
abuse treatment in reducing illicit drug use
and criminal behavior during and after the
completion of substance abuse treatment;
and
(D) the actions the Director shall take to
correct any deficiencies and limitations
Page 978
TITLE 21—FOOD AND DRUGS
§ 1706
4 Probably should be ‘‘(h)’’.
5 Probably should be ‘‘(d)’’.
identified pursuant to subparagraphs (A) and
(B) of this subsection; and
(7) develops performance measures and tar-
gets for the National Drug Control Strategy
for supplemental strategies (the Southwest
Border, Northern Border, and Caribbean Bor-
der Counternarcotics Strategies) to effectively
evaluate region-specific goals, to the extent
the performance measurement system does
not adequately measure the effectiveness of
the strategies, as determined by the Director,
such strategies may evaluate interdiction ef-
forts at and between ports of entry, interdic-
tion technology, intelligence sharing, diplo-
macy, and other appropriate metrics, specific
to each supplemental strategies region, as de-
termined by the Director.
(i) Modifications
A description of any modifications made dur-
ing the preceding year to the national drug per-
formance measurement system described in sub-
section (c) 4 shall be included in each report sub-
mitted under subsection (b).5
(Pub. L. 105–277, div. C, title VII, §§ 706, 715, Oct.
21, 1998, 112 Stat. 2681–681, 2681–693; Pub. L.
109–469, title II, §§ 201, 202, title VI, § 602, Dec. 29,
2006, 120 Stat. 3513, 3517, 3533; Pub. L. 115–271,
title VIII, §§ 8202(a), (b)(2), 8221(a), Oct. 24, 2018,
132 Stat. 4110, 4134; Pub. L. 116–74, § 2(a)(1), (2),
(c)(1)(B), (d), Nov. 27, 2019, 133 Stat. 1155, 1158;
Pub. L. 117–263, div. E, title LIII, § 5302, Dec. 23,
2022, 136 Stat. 3249.)
Editorial Notes
REFERENCES IN TEXT
The Federal Food, Drug, and Cosmetic Act, referred
to in subsec. (f)(3)(A)(i)(IV), is act June 25, 1938, ch. 675,
52 Stat. 1040, which is classified generally to chapter 9
(§ 301 et seq.) of this title. For complete classification of
this Act to the Code, see section 301 of this title and
Tables.
This chapter, referred to in subsec. (g)(2), (3)(B), 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 under section 1701 of this title and Tables.
AMENDMENTS
2022—Subsec. (h)(7). Pub. L. 117–263 added par. (7).
2019—Pub. L. 116–74, § 2(c)(1)(B), amended directory
language of Pub. L. 115–271, § 8221(a). See 2018 Amend-
ment note below.
Pub. L. 116–74, § 2(a)(2), substituted ‘‘National Drug
Control Program agencies’’ for ‘‘National Drug Control
Program Agencies’’ wherever appearing.
Pub. L. 116–74, § 2(a)(1), substituted ‘‘National Drug
Control Program agency’’ for ‘‘National Drug Control
Program Agency’’ wherever appearing.
Subsec. (c)(1)(N)(ii). Pub. L. 116–74, § 2(d)(1)(A), sub-
stituted ‘‘Program agencies’’ for ‘‘Programs’’.
Subsec. (c)(1)(N)(iii). Pub. L. 116–74, § 2(d)(1)(B), sub-
stituted ‘‘Program agencies’’ for ‘‘Agencies’’.
Subsec. (c)(2). Pub. L. 116–74, § 2(d)(2), substituted
‘‘paragraph (1)(M)’’ for ‘‘paragraph (1)’’ in introductory
provisions.
Subsec. (f)(2). Pub. L. 116–74, § 2(d)(3)(A), substituted
‘‘Office’’ for ‘‘office’’.
Subsec. (f)(3)(A)(ii)(III). Pub. L. 116–74, § 2(d)(3)(B)(i),
substituted ‘‘substance; and’’ for ‘‘substance;’’.
Subsec. (f)(3)(A)(ii)(IV). Pub. L. 116–74, § 2(d)(3)(B)(ii),
substituted ‘‘governments.’’ for ‘‘governments;’’.
Subsec. (g)(3)(B). Pub. L. 116–74, § 2(d)(4), made tech-
nical amendment to reference in original act which ap-
pears in text as reference to this chapter.
2018—Pub. L. 115–271, § 8221(a), as amended by Pub. L.
116–74, § 2(c)(1)(B)(ii), added subsecs. (a) to (g), redesig-
nated former subsecs. (c) and (d) as (h) and (i), respec-
tively, and struck out former subsecs. (a) and (b) which
related to submission of the National Drug Control
Strategy and submission of a revised strategy.
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.
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.
Pub. L. 109–469, § 201, amended section generally.
Prior to amendment, section related to development,
submission, implementation, and assessment of Na-
tional Drug Control Strategy.
Subsecs. (c), (d). Pub. L. 109–469, § 202, added subsecs.
(c) and (d).
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
EFFECTIVE DATE OF 2019 AMENDMENT
Amendment by section 2(c)(1)(B) of Pub. L. 116–74 ef-
fective as if included in the enactment of subtitle K of
title VIII of Pub. L. 115–271, see section 2(c)(2) of Pub.
L. 116–74, set out as a note under section 1522 of this
title.
REQUIREMENT FOR SOUTHWEST BORDER
COUNTERNARCOTICS STRATEGY
Pub. L. 109–469, title XI, § 1110, Dec. 29, 2006, 120 Stat.
3543, which directed the Director of National Drug Con-
trol Policy to submit to Congress every two years a
Southwest Border Counternarcotics Strategy, was re-
pealed by Pub. L. 115–271, title VIII, § 8221(b)(2), Oct. 24,
2018, 132 Stat. 4142. See subsection (c)(3)(B) of this sec-
tion.
REQUIREMENT FOR NORTHERN BORDER
COUNTERNARCOTICS STRATEGY
Pub. L. 109–469, title XI, § 1110A, as added by Pub. L.
111–356, § 2, Jan. 4, 2011, 124 Stat. 3976, which directed
the Director of National Drug Control Policy to de-
velop, in consultation with the head of each relevant
National Drug Control Program Agency, and to submit
to Congress every two years, a Northern Border Coun-
ternarcotics Strategy, was repealed by Pub. L. 115–271,
title VIII, § 8221(b)(2), Oct. 24, 2018, 132 Stat. 4142. See
subsection (c)(3)(C) of this section.
§ 1706. High Intensity Drug Trafficking Areas
Program
(a) Establishment
(1) In general
There is established in the Office a program
to be known as the High Intensity Drug Traf-
ficking Areas Program (in this section re-
ferred to as the ‘‘Program’’).
(2) Purpose
The purpose of the Program is to reduce
drug trafficking and drug production in the
United States by—
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Statement of drug policy priorities** — The Director shall release a statement of drug control policy priorities in the calendar year of a Presidential inauguration following the inauguration, but not later than April 1.
(2) **National Drug Control Strategy submitted by the President** — Not later than the first Monday in February following the year in which the term of the President commences, and every 2 years thereafter, the President shall submit to Congress a National Drug Control Strategy.
**(b) Development of the National Drug Control Strategy**
(1) **Promulgation** — The Director shall promulgate the National Drug Control Strategy, which shall set forth a comprehensive plan to reduce illicit drug use and the consequences of such illicit drug use in the United States by limiting the availability of and reducing the demand for illegal drugs and promoting prevention, early intervention, treatment, and recovery support for individuals with substance use disorders.
(2) **State and local commitment** — The Director shall seek the support and commitment of State, local, and Tribal officials in the formulation and implementation of the National Drug Control Strategy.
(3) **Strategy based on evidence** — The Director shall ensure the National Drug Control Strategy is based on the best available evidence regarding the policies that are most effective in reducing the demand for and supply of illegal drugs.
(4) **Process for development and submission of National Drug Control Strategy** — In developing and effectively implementing the National Drug Control Strategy, the Director—
(A) shall consult with—
(i) the heads of the National Drug Control Program agencies;
(ii) each Coordinator listed in [section 1703 of this title](https:
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 1705
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the Federal Food, Drug, and Cosmetic Act.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 301
Stored review status: release_metadata_unconfirmed. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 30
TITLE 21—FOOD AND DRUGS
§ 301
Sec.
398.
Notices to States regarding imported food.
399.
Grants to enhance food safety.
399a.
Office of the Chief Scientist.
399b.
Office of Women’s Health.
399c.
Improving the training of State, local, terri-
torial, and tribal food safety officials.
399d.
Employee protections.
399e.
Nanotechnology.
399f.
Ensuring
adequate
information
regarding
pharmaceuticals for all populations, par-
ticularly underrepresented subpopulations,
including racial subgroups.
399g.
Food and Drug Administration Intercenter
Institutes.
399h.
National Centers of Excellence in Advanced
and Continuous Pharmaceutical Manufac-
turing.
399i.
Food and Drug Administration Working Cap-
ital Fund.
SUBCHAPTER I—SHORT TITLE
§ 301. Short title
This chapter may be cited as the Federal
Food, Drug, and Cosmetic Act.
(June 25, 1938, ch. 675, § 1, 52 Stat. 1040.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES
Act June 23, 1939, ch. 242, §§ 1, 2, 53 Stat. 853, 854, pro-
vided that:
‘‘[SEC. 1] (a) The effective date of the following provi-
sions of the Federal Food, Drug, and Cosmetic Act is
hereby postponed until January 1, 1940: Sections 402(c)
[342(c) of this title]; 403(e)(1) [343(e)(1) of this title];
403(g), (h), (i), (j), and (k) [343(g) to (k) of this title];
501(a), (4) [351(a)(4) of this title]; 502(b), (d), (e), (f), (g),
and (h) [352(b), (d) to (h) of this title]; 601(e) [361(e) of
this title]; and 602(b) [362(b) of this title].
‘‘(b) The Secretary of Agriculture shall promulgate
regulations further postponing to July 1, 1940[,] the ef-
fective date of the provisions of sections 403(e)(1)
[343(e)(1) of this title]; 403(g), (h), (i), (j), and (k) [343(g)
to (k)]; 502(b), (d), (
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 21 U.S.C. § 301. This identifies an authority to review, not proof of applicability.