21 U.S.C. § 1704 — Coordination with National Drug Control

Page 971 TITLE 21—FOOD AND DRUGS § 1704 sure coordinated implementation of an international counternarcotics policy. The IWG shall report its ac- tivities and differences of views among agencies to the Director for review, mediation, and resolution with concerned Cabinet members, and if necessary, by the President. (d) A coordinator for drug interdiction shall be des- ignated by the Director to ensure that assets dedicated by Federal drug program agencies for interdiction are sufficient and that their use is properly integrated and optimized. The coordinator shall ensure that interdic- tion efforts and priorities are consistent with overall U.S. international counternarcotics policy. (e) The Director shall examine the number and struc- ture of command/control and drug intelligence centers operated by drug control program agencies involved in international counter-narcotics and suggest improve- ments to the current structure for consideration by the President and concerned members of the Cabinet. (f) The Director, utilizing the services of the Drugs and Crime Data Center and Department of Justice Clearinghouse, shall assist in coordinating and enhanc- ing the dissemination of statistics and studies relating to anti-drug abuse policy. (g) The Director shall provide advice to agencies re- garding ways to achieve efficiencies in spending and improvements to interagency cooperation that could enhance the delivery of drug control treatment and prevention services to the public. The Director may re- quest agencies to provide studies, information, and analyses in support of this order. SEC. 2. GOALS, DIRECTION, DUTIES AND RESPONSIBIL- ITIES WITH RESPECT TO THE NATIONAL DRUG CONTROL PROGRAM. (a) Budget Matters. (1) In addition to the budgetary authorities and responsibilities provided to the Director by statute, [former] 21 U.S.C. 1502, for those agency budget requests that are not certified as adequate to implement the objectives of the National Drug Control Strategy, the Director shall include in such certifications initiatives or funding levels that would make such requests adequate. (2) The Director shall provide, by July 1 of each year, budget recommendations to the heads of departments and agencies with responsibilities under the National Drug Control Program. The recommendations shall apply to the second following fiscal year and address funding priorities developed in the annual National Drug Control Strategy. (b) Measurement of National Drug Control Strategy Out- comes. (1) The National Drug Control Strategy shall in- clude long-range goals for reducing drug use and the consequences of drug use in the United States, includ- ing burdens on hospital emergency rooms, drug use among arrestees, the extent of drug-related crime, high school dropout rates, the number of infants exposed an- nually to illicit drugs in utero, national drug abuse treatment capacity, and the annual national health care costs of drug use. (2) The National Drug Control Strategy shall also in- clude an assessment of the quality of techniques and instruments to measure current drug use and supply and demand reduction activities, and the adequacy of the coverage of existing national drug use instruments and techniques to measure the total illicit drug user population and groups at-risk for drug use. (3) The Director shall coordinate an effort among the relevant drug control program agencies to assess the quality, access, management, effectiveness, and stand- ards of accountability of drug abuse treatment, preven- tion, education, and other demand reduction activities. (c) Provision of Reports. To the extent permitted by law, heads of departments and agencies with respon- sibilities under the National Drug Control Program shall make available to the Office of National Drug Control Policy, appropriate statistics, studies, and re- ports, pertaining to Federal drug abuse control. WILLIAM J. CLINTON. § 1704. Coordination with National Drug Control Program agencies in demand reduction, sup- ply reduction, and State and local affairs (a) Access to information (1) In general Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Direc- tor any statistics, studies, reports, and other information prepared or collected by the agen- cy concerning the responsibilities of the agen- cy under the National Drug Control Strategy that relate to— (A) drug control; or (B) the manner in which amounts made available to that agency for drug control are being used by that agency. (2) Protection of intelligence information (A) In general The authorities conferred on the Office and the Director by this chapter shall be ex- ercised in a manner consistent with provi- sions of the National Security Act of 1947 [50 U.S.C. 3001 et seq.]. The Director of National Intelligence shall prescribe such regulations as may be necessary to protect information provided pursuant to this chapter regarding intelligence sources and methods. (B) Duties of Director The Director of National Intelligence and the Director of the Central Intelligence Agency shall, to the maximum extent prac- ticable in accordance with subparagraph (A), render full assistance and support to the Of- fice and the Director. (3) Required reports (A) Secretaries of the Interior and Agri- culture Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit to the Director and the appropriate congressional committees an as- sessment of the quantity of illegal drug cul- tivation and manufacturing in the United States on lands owned or under the jurisdic- tion of the Federal Government for the pre- ceding year. (B) Secretary of Homeland Security Not later than July 1 of each year, the Secretary of Homeland Security shall sub- mit to the Director and the appropriate con- gressional committees information for the preceding year regarding— (i) the number and type of seizures of drugs by each component of the Depart- ment of Homeland Security seizing drugs, as well as statistical information on the geographic areas of such seizures; and (ii) the number of air and maritime pa- trol hours primarily dedicated to drug sup- ply reduction missions undertaken by each component of the Department of Home- land Security. (C) Secretary of Defense The Secretary of Defense shall, by July 1 of each year, submit to the Director and the Page 972 TITLE 21—FOOD AND DRUGS § 1704 appropriate congressional committees infor- mation for the preceding year regarding the number of air and maritime patrol hours pri- marily dedicated to drug supply reduction missions undertaken by each component of the Department of Defense. (D) Attorney General The Attorney General shall, by July 1 of each year, submit to the Director and the appropriate congressional committees infor- mation for the preceding year regarding the number and type of— (i) arrests for drug violations; (ii) prosecutions for drug violations by United States Attorneys; and (iii) seizures of drugs by each component of the Department of Justice seizing drugs, as well as statistical information on the geographic areas of such seizures. (b) Certification of policy changes to Director (1) In general Subject to paragraph (2), the head of a Na- tional Drug Control Program agency shall, un- less exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the ac- tivities of that agency under the National Drug Control Program prior to implementa- tion of such change. The Director shall promptly review such proposed change and certify to the head of that agency in writing whether such change is consistent with the National Drug Control Strategy. (2) Exception If prior notice of a proposed change under paragraph (1) is not practicable— (A) the head of the National Drug Control Program agency shall notify the Director of the proposed change as soon as practicable; and (B) upon such notification, the Director shall review the change and certify to the head of that agency in writing whether the change is consistent with the National Drug Control Strategy. (c) General Services Administration The Administrator of General Services shall provide to the Director, on a reimbursable basis, such administrative support services as the Di- rector may request. (d) Accounting of funds expended (1) In general Not later than February 1 of each year, in accordance with guidance issued by the Direc- tor, the head of each National Drug Control Program agency shall submit to the Director a detailed accounting of all funds expended by the agency for National Drug Control Program activities during the previous fiscal year and shall ensure such detailed accounting is au- thenticated for the previous fiscal year by the Inspector General for such agency prior to the submission to the Director as frequently as de- termined by the Inspector General but not less frequently than every 3 years. (2) Submission to Congress The Director shall submit to Congress not later than April 1 of each year the information submitted to the Director under paragraph (1). (e) Drug court training and technical assistance program (1) Grants authorized The Director may make a grant to a non- profit organization for the purpose of pro- viding training and technical assistance to drug courts. (2) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2018 through 2023. (f) Tracking system for federally funded grant programs (1) Establishment The Director, or the head of an agency des- ignated by the Director, in coordination with the Secretary of Health and Human Services, shall track federally-funded grant programs to— (A) ensure the public has electronic access to information identifying: (i) all drug control grants and pertinent identifying information for each grant; and (ii) any available performance metrics, evaluations, or other information indi- cating the effectiveness of such programs; (B) facilitate efforts to identify duplica- tion, overlap, or gaps in funding to provide increased accountability of Federally-funded grants for substance use disorder treatment, prevention, and enforcement; and (C) identify barriers that may impede ap- plicants in the grant application process. (2) National Drug Control Program Agencies The head of each National Drug Control Pro- gram agency shall provide to the Director a complete list of all drug control program grant programs and any other relevant infor- mation for inclusion in the system developed under paragraph (1) and annually update such list. (3) Updating existing systems The Director may meet the requirements of this subsection by utilizing, updating, or im- proving existing Federal information systems to ensure they meet the requirements of this subsection. (4) Report Not later than 3 years after October 24, 2018, the Comptroller General of the United States shall submit to Congress a report examining implementation of this subsection. (Pub. L. 105–277, div. C, title VII, §§ 705, 715, Oct. 21, 1998, 112 Stat. 2681–680, 2681–693; Pub. L. 109–469, title I, § 104, title VI, § 602, Dec. 29, 2006, 120 Stat. 3510, 3533; Pub. L. 115–271, title VIII, §§ 8202(a), (b)(2), 8207, 8217(g), Oct. 24, 2018, 132 Stat. 4110, 4113, 4124; Pub. L. 116–74, § 2(a)(1), (6), Nov. 27, 2019, 133 Stat. 1155, 1156.) Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (a)(2)(A), is act July 26, 1947, ch. 343, 61 Stat. 495, 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.