§1710 — Title 21 Food and Drugs | U.S. Code

Summary

The Director must pick a top official (a Senior Executive Service member or a GS-15 equivalent) to be the United States Interdiction Coordinator. That Coordinator must make federal drug interdiction efforts work together and match the National Drug Control Strategy. The Coordinator must write an annual national interdiction plan and issue it by September 1 each year. The plan must explain the overall interdiction strategy, say what each drug-control agency will do, and list the resources needed. The Coordinator must check whether agencies have enough assets and advise the Director on how agencies are following the plan. The Director must give permanent staff to help the Coordinator and can ask other agencies to loan people. Each year the Coordinator must send a report to Congress and to key committees (including the House and Senate Armed Services and Homeland Security committees). That report must include the annual plan, 10 years of seizure data by agency and location, and 10 years of air and maritime patrol hours by agency and location. Reports must be unclassified but can include a classified annex and may suggest changes to laws or agency authorities. An Interdiction Committee meets to coordinate international, border, and domestic drug-interdiction work, review the annual plan, and give advice to the Director and Coordinator. The Director names a chair from the committee. Members must meet in person at least once each year before June 1, and the chair must send a report of the meetings and key findings to the Director and Congress by September 30. That report is unclassified but may include a classified annex. The Director may also help with international drug-control coordination.

Title 21, §1710

Food and Drugs — Source: USLM XML via OLRC

(a)(1)The Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent) as the United States Interdiction Coordinator to perform the duties of that position described in paragraph (2) and such other duties as may be determined by the Director with respect to coordination of efforts to interdict illicit drugs from entering the United States.

(2)The United States Interdiction Coordinator shall be responsible to the Director for—

(A)coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;

(B)on behalf of the Director, developing and issuing, on or before September 1 of each year and in accordance with paragraph (4), a National Interdiction Command and Control Plan to ensure the coordination and consistency described in subparagraph (A);

(C)assessing the sufficiency of assets committed to illicit drug interdiction by the relevant National Drug Control Program agencies; and

(D)advising the Director on the efforts of each National Drug Control Program agency to implement the National Interdiction Command and Control Plan.

(3)The Director shall assign such permanent staff of the Office as he considers appropriate to assist the United States Interdiction Coordinator to carry out the responsibilities described in paragraph (2), and may request that appropriate National Drug Control Program agencies detail or assign staff to assist in carrying out such responsibilities.

(4)(A)The National Interdiction Command and Control Plan shall—

(i)set forth the Government’s strategy for drug interdiction;

(ii)state the specific roles and responsibilities of the relevant National Drug Control Program agencies for implementing that strategy; and

(iii)identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy.

(B)Before submission of the National Drug Control Strategy or annual assessment required under section 1705 of this title, as applicable, the United States Interdiction Coordinator shall issue the National Interdiction Command and Control Plan in consultation with the other members of the Interdiction Committee described in subsection (b).

(C)On or before September 1 of each year, the Director, acting through the United States Interdiction Coordinator, shall provide to the appropriate congressional committees, to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and to the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate a report that—

(i)includes—

(I)a copy of that year’s National Interdiction Command and Control Plan, including information about how each National Drug Control Program agency conducting drug interdiction activities is engaging with relevant international partners;

(II)information for the previous 10 years regarding the number and type of seizures of drugs by each National Drug Control Program agency conducting drug interdiction activities and statistical information on the geographic areas of such seizures; and

(III)information for the previous 10 years regarding the number of air and maritime patrol hours undertaken by each National Drug Control Program agency conducting drug interdiction activities and statistical information on the geographic areas in which such patrol hours took place; and

(ii)may include recommendations for changes to existing agency authorities or laws governing interagency relationships.

(D)Each report required to be submitted under subparagraph (C) shall be in unclassified form, but may include a classified annex.

(b)(1)The Interdiction Committee shall meet to—

(A)discuss and resolve issues related to the coordination, oversight and integration of international, border, and domestic drug interdiction efforts in support of the National Drug Control Strategy;

(B)review the annual National Interdiction Command and Control Plan, and provide advice to the Director and the United States Interdiction Coordinator concerning that plan and how to strengthen international partnerships to better achieve the goals of that plan; and

(C)provide such other advice to the Director concerning drug interdiction strategy and policies as the committee determines is appropriate.

(2)The Director shall designate one of the members of the Interdiction Committee to serve as Chairperson.

(3)The members of the Interdiction Committee shall meet, in person and not through any delegate or representative, at least once per calendar year, before June 1. At the call of the Director or the Chairperson, the Interdiction Committee may hold additional meetings, which shall be attended by the members in person, or through such delegates or representatives as the members may choose.

(4)Not later than September 30 of each year, the Chairperson of the Interdiction Committee shall submit to the Director and to the appropriate congressional committees a report describing the results of the meetings and any significant findings of the Committee during the previous 12 months. The report required under this paragraph shall be in unclassified form, but may include a classified annex.

(c)The Director may facilitate international drug control coordination efforts.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The General Schedule, referred to in subsec. (a)(1), is set out under section 5332 of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 711 of Pub. L. 105–277, div. C, title VII, Oct. 21, 1998, 112 Stat. 2681–691; Pub. L. 105–277, div. C, title VII, § 715, Oct. 21, 1998, 112 Stat. 2681–693; Pub. L. 109–469, title VI, § 602, Dec. 29, 2006, 120 Stat. 3553, related to drug interdiction, prior to repeal by Pub. L. 115–271, title VIII, § 8219(a), Oct. 24, 2018, 132 Stat. 4132. See 2018 and 2006 Amendment notes below.

Amendments

2018—Pub. L. 115–271, § 8219(a), repealed Pub. L. 105–277, div. C, title VII, § 711, Oct. 21, 1998, 112 Stat. 2681–691. See 2006 Amendment note below. 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. (a)(1). Pub. L. 115–271, § 8219(b)(1)(A), substituted “The Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent) as the United” for “The United” and “to perform” for “shall perform”. Subsec. (a)(2)(B). Pub. L. 115–271, § 8219(b)(1)(B), substituted “September 1” for “March 1” and “paragraph (4)” for “paragraph (3)”. Subsec. (a)(3). Pub. L. 115–271, § 8219(b)(1)(C), struck out “also, at his discretion,” after “and may” and substituted “assist in carrying out such responsibilities” for “the Office of Supply Reduction for that purpose”. Subsec. (a)(4)(B). Pub. L. 115–271, § 8219(b)(1)(D)(i), substituted “Before submission of the National Drug Control Strategy or annual assessment required under section 1705 of this title, as applicable, the United” for “The United”. Subsec. (a)(4)(C). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(I), in introductory provisions, substituted “September 1” for “March 1” and “a report that” for “, which shall include”, inserted “the Director, acting through” after “each year,” and a comma after “Coordinator”, and struck out “a report on behalf of the Director” after “shall provide”. Pub. L. 115–271, § 8219(b)(1)(D)(ii), (iii), redesignated subpar. (D) as (C) and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: “The National Interdiction Command and Control Plan shall not change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or laws.” Subsec. (a)(4)(C)(i). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(II), (III), inserted cl. (i) designation and introductory provisions and redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i). Subsec. (a)(4)(C)(i)(I). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(IV)(aa), inserted “, including information about how each National Drug Control Program agency conducting drug interdiction activities is engaging with relevant international partners” after “Plan”. Subsec. (a)(4)(C)(i)(II). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(IV)(bb), substituted “and statistical” for “, as well as statistical”. Subsec. (a)(4)(C)(i)(III). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(IV)(cc), substituted “and statistical” for “, as well as statistical” and “; and” for period at end. Subsec. (a)(4)(C)(ii). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(V), added cl. (ii). Former cl. (ii) redesignated subcl. (II) of cl. (i). Subsec. (a)(4)(C)(iii). Pub. L. 115–271, § 8219(b)(1)(D)(iv)(II), redesignated cl. (iii) as subcl. (III) of cl. (i). Subsec. (a)(4)(D). Pub. L. 115–271, § 8219(b)(1)(D)(v), added subpar. (D). Subsec. (b)(1)(B). Pub. L. 115–271, § 8219(b)(2)(A), inserted “and how to strengthen international partnerships to better achieve the goals of that plan” after “that plan”. Subsec. (b)(2). Pub. L. 115–271, § 8219(b)(2)(B), substituted “Chairperson” for “Chairman” in heading and for “chairman” in text. Subsec. (b)(3). Pub. L. 115–271, § 8219(b)(2)(C), substituted “before June 1” for “prior to March 1”, “Chairperson” for “current chairman”, and “the members may” for “they may” and struck out “either” after “the call of” and after “by the members”. Subsec. (b)(4). Pub. L. 115–271, § 8219(b)(2)(D), struck out “a report” after “shall submit”, inserted “a report” after “committees”, and substituted “Chairperson of the Interdiction Committee” for “chairman of the Interdiction Committee” and “The report required under this paragraph shall be in unclassified form, but may include a classified annex.” for “Any content of such a report that involves information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director, the chairman, or any member, would be detrimental to the law

Enforcement

or national security activities of any Federal, State, local, or tribal agency, shall be presented to Congress separately from the rest of the report.” Subsec. (c). Pub. L. 115–271, § 8219(b)(3), added subsec. (c). 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, § 103(f)(1), directed that section 711 of Office of National Drug Control Policy Reauthorization Act of 1998 (Pub. L. 105–277, div. C, title VII) be amended by “adding at the end” a new section 711, which comprises this section. A prior section 711 of the Act was repealed by Pub. L. 115–271, § 8219(a). See 2018 Amendment note above. 1998—Pub. L. 105–277, § 715, as amended by Pub. L. 109–469, § 602, which provided for the repeal of title VII of the Office of National Drug Control Policy Reauthorization Act of 1988 (Pub. L. 105–277, div. C, title VII) effective Sept. 30, 2010, was repealed by Pub. L. 115–271, § 8202(b)(2). See former section 1712 of this title.

§1710 Drug Interdiction Coordinator and Committee