§1705 — Title 21 Food and Drugs | U.S. Code

Summary

The Director must publish a short statement of drug control priorities after a new President takes office, no later than April 1. The President must send Congress a National Drug Control Strategy by the first Monday in February after the President’s term begins, and every two years after that. The Director must create the Strategy to cut illegal drug use and its harms by lowering supply and demand and by boosting prevention, early help, treatment, and recovery. The Director must use the best available evidence and get input and commitments from federal agencies, State, local, and Tribal officials, community groups, and foreign partners. The Strategy must include a mission, long-term measurable goals, yearly targets, a 5-year budget plan, and a review of related efforts at all levels. For each goal it must say which agencies and partners will act, how much funding is needed, how progress will be measured, and how data will be collected. It must include a plan to improve data collection and real-time monitoring, a plan to expand treatment (showing unmet needs and needed resources), and special counternarcotics strategies for the Southwest and Northern borders (including tunnels and Tribal issues). The Director must put required data on the Office’s online portal and a searchable Drug Control Data Dashboard, update it quarterly if possible but at least annually, and include specific drug supply, use, overdose, treatment, and prescription diversion data for recent years. Each year agencies must report progress by November 1, and by February 1 the Director must send an annual assessment to the President and Congress and describe the performance measurement system. If the Strategy is not submitted on time, the Director must notify Congress within five days explaining why and give a new submission date.

Title 21, §1705

Food and Drugs — Source: USLM XML via OLRC

(a)(1)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)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)(1)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)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)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)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;

(iii)the Interdiction Committee and the Emerging Threats Committee;

(iv)the appropriate congressional committees and any other committee of jurisdiction;

(v)State, local, and Tribal officials;

(vi)private citizens and organizations, including community and faith-based organizations, with experience and expertise in demand reduction;

(vii)private citizens and organizations with experience and expertise in supply reduction; and

(viii)appropriate representatives of foreign governments; and

(B)in satisfying the requirements of subparagraph (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.

(c)(1)The National Drug Control Strategy submitted under subsection (a)(2) shall include the following:

(A)A mission statement detailing the major functions of the National Drug Control 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 Director determines may be achieved during each year beginning on the date on which the National 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 coordinated and effective drug control at all levels of government.

(F)A description of how each goal established 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 coordinating mechanism needed to achieve such goal; and

(v)a description of the Office’s role in facilitating 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, including—

(i)specific performance measures for each National Drug Control Program agency;

(ii)annual and, to the extent practicable, 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 description of how the Director will obtain such data.

(I)A list of any anticipated challenges to achieving the National Drug Control Strategy goals and planned actions to address such challenges.

(J)A description of how each goal established under subparagraph (B) was determined, including—

(i)a description of each required consultation and a description of how such consultation was incorporated; and

(ii)data, research, or other information used to inform the determination to establish the goal.

(K)A description of the current prevalence of illicit drug use in the United States, including both the availability of illicit drugs and the prevalence of substance use disorders.

(L)Such other statistical data and information 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 reduction, drug-related law enforcement, and the implementation of the National Drug Control 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 Program, which shall include—

(i)a list of policy-relevant questions for which the Director and each National Drug Control Program agency intends to develop evidence to support the National Drug Control Program and Strategy;

(ii)a list of data the Director and each National Drug Control Program agency intends to collect, use, or acquire to facilitate the use of evidence in drug control policymaking and monitoring;

(iii)a list of methods and analytical approaches that may be used to develop evidence to support the National Drug Control Program and Strategy and related policy;

(iv)a list of any challenges to developing evidence to support policymaking, including any barriers to accessing, collecting, or using relevant data;

(v)a description of the steps the Director and the head of each National Drug Control Program agency will take to effectuate the plan; and

(vi)any other relevant information as determined by the Director.

(N)A plan to expand treatment of substance 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 responsibilities of the relevant National Drug Control Program agencies for implementing the plan;

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

(iv)identify the resources, including private sources, required to eliminate the unmet need for evidence-based substance use disorder treatment.

(2)In developing the plan required under paragraph (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 implementing privacy policy.

(D)Office officials responsible for data governance.

(E)The appropriate congressional committees.

(F)Any other individual or entity as determined by the Director.

(3)(A)The Director shall include in the National Drug Control Strategy the additional strategies described under this paragraph and shall comply with the following:

(i)Provide a copy of the additional strategies to the appropriate congressional committees and to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland 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 relevant National Drug Control Program agency, any relevant official of a State, local, or Tribal government, and the government of other relevant countries.

(iii)Not change any existing agency authority or construe any strategy described under this paragraph to amend or modify any law governing interagency relationship but may include recommendations about changes to such authority or law.

(iv)Present separately from the rest of any strategy described under this paragraph any information classified under criteria 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 enforcement or national security activities of any Federal, State, local, or Tribal agency.

(B)(i)The Southwest Border Counternarcotics Strategy shall—

(I)set forth the Government’s strategy for preventing the illegal trafficking of drugs across the international border between the United States and Mexico, including through ports of entry and between ports of entry on that border;

(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.

(ii)The Southwest Border Counternarcotics Strategy shall include—

(I)a strategy to end the construction and use of tunnels and subterranean passages 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 penalties for persons who construct or use such a tunnel or subterranean passage for such a purpose.

(C)(i)The Northern Border Counternarcotics Strategy shall—

(I)set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs across the international 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 responsibilities of each relevant National Drug Control Program agency for implementing the strategy;

(III)identify the specific resources required to enable the relevant National Drug Control Program agencies to implement 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 coordination with Canadian law,11 So in original. The comma probably should not appear. enforcement authorities, and variations in the volumes of vehicles and pedestrians crossing through ports of entry along the international border between the United States and Canada.

(ii)The Northern Border Counternarcotics Strategy shall include—

(I)a strategy to end the illegal trafficking of drugs to or through Indian reservations on or near the international border between the United States and Canada; and

(II)recommendations for additional assistance, if any, needed by Tribal law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.

(4)Any contents of the National Drug Control Strategy that involve information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.

(5)In selecting data and information for inclusion in the Strategy, the Director shall ensure—

(A)the inclusion of data and information that will permit analysis of current trends against previously compiled data and information 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 assessment of the effectiveness of drug treatment programs in the United States.

(d)The President may submit to Congress a revised 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 effect is not sufficiently effective; or

(2)if a new President or Director takes office.

(e)If the Director does not submit a National Drug Control Strategy to Congress in accordance with subsection (a)(2), not later than five days after the first Monday in February following the year in which the term of the President commences, the Director shall send a notification to the appropriate congressional committees—

(1)explaining why the Strategy was not submitted; and

(2)specifying the date by which the Strategy will be submitted.

(f)(1)The Director shall collect and disseminate, as appropriate, such information as the Director determines is appropriate, but not less than the information described in this subsection. The data shall be publicly available in a machine-readable format on the online portal of the Office, and to the extent practicable on the Drug Control Data Dashboard.

(2)The Director shall publish to the online portal of the Office in a machine-readable, sortable, 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 Dashboard”. To the extent practicable, when establishing the Drug Control Dashboard, the Director shall ensure the user interface of the dashboard is constructed with modern design standards. To the extent practicable, the data made available on the dashboard shall be publicly available in a machine-readable format and searchable by year, agency, drug, and location.

(3)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 minimum, 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 disrupted 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 governments;

(II)the known and estimated flows into the United States from all sources in the calendar year and each of the previous 3 calendar years;

(III)the total amount of known flows that could not be interdicted or disrupted 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 effect under section 812 of this title;

(V)the average street price for the calendar year and the highest known street price during the preceding 10-year period; and

(VI)to the extent practicable, related prosecutions by State, local, and Tribal governments; 22 So in original. Probably should be followed by “and”.

(ii)data sufficient to show the frequency of use of such substance, including—

(I)use of such substance in the workplace and productivity lost by such use;

(II)use of such substance by arrestees, probationers, and parolees;

(III)crime and criminal activity related 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 disorders.

(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-financed health care programs.

(iv)The extent of the unmet need for substance use disorder treatment, including the unmet need for medication-assisted 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 Director determines to be appropriate to detail progress toward the achievement of the goals of the National Drug Control Strategy.

(g)(1)Not later than the first Monday in February of each year, the Director shall submit to the President, Congress, and the appropriate congressional committees, a report assessing the progress of each National Drug Control Program agency toward achieving each goal, objective, and target contained in the National Drug Control Strategy applicable to the prior fiscal year.

(2)Not later than November 1 of each year, the head of each National Drug Control Program agency shall submit, in accordance with guidance issued by the Director, to the Director an evaluation of progress by the agency with respect to the National Drug Control Strategy goals using the performance measures for the agency developed under this chapter, including progress with respect to—

(A)success in achieving the goals of the National Drug Control Strategy;

(B)success in reducing domestic and foreign sources of illegal drugs;

(C)success in expanding access to and increasing the effectiveness of substance use disorder treatment;

(D)success in protecting the borders of the United States (and in particular the Southwestern 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 substance use disorder treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs; and

(H)success in increasing the prevention of illicit drug use.

(3)The Director shall include in the annual assessment 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 National 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, including 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 Performance Measurement System.33 So in original.

(h)Not later than February 1 of each year, the Director shall submit to Congress as part of the National Drug Control Strategy, a description of a national drug control performance measurement system, that—

(1)develops 2-year and 5-year performance measures and targets for each National Drug Control Strategy goal and objective established 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 agencies that support the goals and annual objectives of the National Drug Control Strategy;

(4)evaluates the contribution of demand reduction and supply reduction activities as defined in section 1701 of this title implemented by each National Drug Control Program agency 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 implementation of national drug control data collection and reporting systems to support policy formulation and performance measurement, including an assessment of—

(A)the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;

(B)the adequacy of the coverage of existing national drug use measurement instruments 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 existing 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 identified pursuant to subparagraphs (A) and (B) of this subsection; and

(7)develops performance measures and targets for the National Drug Control Strategy for supplemental strategies (the Southwest Border, Northern Border, and Caribbean Border 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 efforts at and between ports of entry, interdiction technology, intelligence sharing, diplomacy, and other appropriate metrics, specific to each supplemental strategies region, as determined by the Director.

(i)A description of any modifications made during the preceding year to the national drug performance measurement system described in subsection (c) 44 Probably should be “(h)”. shall be included in each report submitted under subsection (b).55 Probably should be “(d)”.

Notes & Related Subsidiaries

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 Amendment 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), substituted “Program agencies” for “Programs”. Subsec. (c)(1)(N)(iii). Pub. L. 116–74, § 2(d)(1)(B), substituted “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 technical amendment to reference in original act which appears 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), redesignated former subsecs. (c) and (d) as (h) and (i), respectively, 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 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. 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 National 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 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

Effective Date

of 2019 AmendmentAmendment by section 2(c)(1)(B) of Pub. L. 116–74 effective 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 Control Policy to submit to Congress every two years a Southwest Border Counternarcotics Strategy, was repealed by Pub. L. 115–271, title VIII, § 8221(b)(2), Oct. 24, 2018, 132 Stat. 4142. See subsection (c)(3)(B) of this section. 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 develop, in consultation with the head of each relevant National Drug Control Program Agency, and to submit to Congress every two years, a Northern Border Counternarcotics 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.

§1705 Development, Submission, Implementation, and Assessment of National Drug Control Strategy