§1704 — Title 21 Food and Drugs | U.S. Code

Summary

Federal drug-control agencies must give the Director information when asked. They must share statistics, studies, reports, and any data about their drug control work or how drug-control money is used. The Director and the Office must follow the National Security Act when handling intelligence. The Director of National Intelligence must set rules to protect secret sources and methods, and the DNI and CIA must help the Office as much as they can under those rules. Each year by July 1, Agriculture and Interior must report joint estimates of illegal drug growing on federal lands; Homeland Security must report drug seizures and where they happened and how many air and sea patrol hours were spent on drug missions; Defense must report air and sea patrol hours; and the Attorney General must report arrests, prosecutions by U.S. Attorneys, and drug seizures and where they happened. Agency heads must tell the Director in writing before they change drug-control policies, unless it’s not possible. If notice isn’t possible, they must tell the Director as soon as they can. The Director will review and say in writing whether the change fits the National Drug Control Strategy. The General Services Administrator must provide requested support services for pay. By February 1 each year agencies must send a detailed, inspector-general–authenticated accounting of drug-control spending for the prior fiscal year (IG checks at least every 3 years). The Director must send that information to Congress by April 1. The Director may give grants to nonprofits to train drug courts, with $2,000,000 authorized each year for fiscal years 2018–2023. The Director, with HHS, must track federal drug-control grants so the public can find grant info and results, spot overlap or gaps, and find application barriers. Agencies must give and update their grant lists yearly. The Director can use existing systems, and the Comptroller General must report on implementation within 3 years after October 24, 2018.

Title 21, §1704

Food and Drugs — Source: USLM XML via OLRC

(a)(1)Upon the request of the Director, the head of any National Drug Control Program agency shall cooperate with and provide to the Director any statistics, studies, reports, and other information prepared or collected by the agency concerning the responsibilities of the agency 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)(A)The authorities conferred on the Office and the Director by this chapter shall be exercised in a manner consistent with provisions 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)The Director of National Intelligence and the Director of the Central Intelligence Agency shall, to the maximum extent practicable in accordance with subparagraph (A), render full assistance and support to the Office and the Director.

(3)(A)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 assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year.

(B)Not later than July 1 of each year, the Secretary of Homeland Security shall submit to the Director and the appropriate congressional committees information for the preceding year regarding—

(i)the number and type of seizures of drugs by each component of the Department 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 patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Homeland Security.

(C)The Secretary of Defense shall, by July 1 of each year, submit to the Director and the appropriate congressional committees information for the preceding year regarding the number of air and maritime patrol hours primarily dedicated to drug supply reduction missions undertaken by each component of the Department of Defense.

(D)The Attorney General shall, by July 1 of each year, submit to the Director and the appropriate congressional committees information 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)(1)Subject to paragraph (2), the head of a National Drug Control Program agency shall, unless exigent circumstances require otherwise, notify the Director in writing regarding any proposed change in policies relating to the activities of that agency under the National Drug Control Program prior to implementation 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)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)The Administrator of General Services shall provide to the Director, on a reimbursable basis, such administrative support services as the Director may request.

(d)(1)Not later than February 1 of each year, in accordance with guidance issued by the Director, 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 authenticated for the previous fiscal year by the Inspector General for such agency prior to the submission to the Director as frequently as determined by the Inspector General but not less frequently than every 3 years.

(2)The Director shall submit to Congress not later than April 1 of each year the information submitted to the Director under paragraph (1).

(e)(1)The Director may make a grant to a nonprofit organization for the purpose of providing training and technical assistance to drug courts.

(2)There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2018 through 2023.

(f)(1)The Director, or the head of an agency designated 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 indicating the effectiveness of such programs;

(B)facilitate efforts to identify duplication, 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 applicants in the grant application process.

(2)The head of each National Drug Control Program agency shall provide to the Director a complete list of all drug control program grant programs and any other relevant information for inclusion in the system developed under paragraph (1) and annually update such list.

(3)The Director may meet the requirements of this subsection by utilizing, updating, or improving existing Federal information systems to ensure they meet the requirements of this subsection.

(4)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (a)(2)(A), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§ 3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

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), inserted “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), substituted “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 section as in effect on Sept. 29, 2003, and as amended by Pub. L. 109–469 and Pub. L. 112–166. See Reauthorization of the Office of National Drug Control Policy note set out under section 1701 of this title. Subsec. (d). Pub. L. 115–271, § 8217(g)(1), amended subsec. (d) generally. Prior to amendment, text read as follows: “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 authenticated 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 Central 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 section effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title.

§1704 Coordination with National Drug Control Program agencies in demand reduction, supply reduction, and State and local affairs