21 U.S.C. § 1704 — Coordination with National Drug Control Program agencies in demand reduction, supply reduction, and State and local affairs

submitted 28 years ago by Pub. L. 105-277 to r/title-21-FOOD-AND-DRUGS · 1,071 words · no verdicts yet

in plain englishAI-generated · not legal advice

National Drug Control agencies must share information with the Director and report yearly on drug seizures and enforcement. Agencies must tell the Director before changing drug policies. The General Services Administration supports the Director's office. Agencies must account for drug-control spending, and the Director must track federal drug-control grants.

(a) Access to information. If the Director asks, each National Drug Control Program agency must share information with the Director. This includes statistics, studies, reports, and other information about drug control. It also includes information about how the agency spends drug-control money. Any use of this power must follow the National Security Act of 1947. It must protect intelligence sources and methods, under rules the Director of National Intelligence sets. The Director of National Intelligence and the CIA Director must help the Office as much as practical. Several agencies must send yearly reports. The Secretaries of Agriculture and the Interior report on illegal drug growing on federal land. The Secretary of Homeland Security reports on drug seizures and patrol hours. The Secretary of Defense reports on patrol hours used against drug supply. The Attorney General reports on drug arrests, prosecutions, and seizures. (b) Certification of policy changes. Before changing drug-control policies, an agency must normally tell the Director in writing. The Director must then certify whether the change fits the National Drug Control Strategy. If advance notice isn't practical, the agency must notify the Director as soon as it can instead. (c) General Services Administration. The Administrator of General Services must give the Director administrative support. The Director pays back those costs. (d) Accounting of funds. Each year, every agency must give the Director a detailed accounting of drug-control money spent. Each agency's own Inspector General must check this at least once every three years. The Director then reports that accounting to Congress. (e) Drug court training. The Director may give grants to a nonprofit to train drug courts. Congress authorized $2,000,000 per year for this from 2018 through 2023. (f) Tracking grant programs. The Director must track federally funded drug-control grants. This lets the public see which grants exist and how well they work. It also helps spot funding gaps. Each agency must give the Director its list of grant programs and update it yearly.

facts

- Codified at 21 U.S.C. § 1704, titled "Coordination with National Drug Control Program agencies in demand reduction, supply reduction, and State and local affairs." - Originally enacted by Pub. L. 105–277, div. C, title VII, §§ 705, 715, on October 21, 1998 (112 Stat. 2681–680, 2681–693). - Subsequently amended four times, most recently by Pub. L. 116–74, § 2(a)(1), (6), enacted November 27, 2019. - The source credit reflects four separate public laws amending the section (Pub. L. 105–277, 109–469, 115–271, and 116–74). - The provision totals 1,071 words in its current form.

the actual law source: uscode.house.gov ↗public domain

(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 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) Protection of intelligence information

(A) In general

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) Duties of Director

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) Required reports

(A) Secretaries of the Interior and Agriculture

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) Secretary of Homeland Security

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.

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) Attorney General

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) Certification of policy changes to Director

(1) In general

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) 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.

The Administrator of General Services shall provide to the Director, on a reimbursable basis, such administrative support services as the Director 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 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) 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 nonprofit organization for the purpose of providing 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 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) National Drug Control Program Agencies

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) Updating existing systems

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) 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.

Source credit: (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.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
2006Amended · Pub. L. 109-469 · 120 Stat. 3510, 3533
2018Amended · Pub. L. 115-271 · 132 Stat. 4110, 4113, 4124
2019Amended · Pub. L. 116-74 · 133 Stat. 1155, 1156

The source credit shows that this section originated with Public Law 105–277, enacted October 21, 1998, specifically through sections 705 and 715 of division C, title VII of that act. It has since been amended on three further occasions: by Public Law 109–469 (2006), Public Law 115–271 (2018), and Public Law 116–74 (2019). The cumulative amendment history—four separate enactments across two decades—indicates that Congress has periodically revisited and expanded the coordination and reporting obligations described in this section, particularly through the 2018 amendments, which appear from the statutory text to have added several new subsections addressing grant tracking and accounting requirements. Public Law 105–277 was an omnibus appropriations act for fiscal year 1999, and the division and title cited here (division C, title VII) correspond to legislation commonly associated with the establishment and reauthorization of the Office of National Drug Control Policy. The commonly cited purpose of such legislation was to formalize coordination between the Office and other federal agencies involved in national drug control efforts, ensuring consistent reporting, information-sharing, and alignment with the National Drug Control Strategy. Beyond this general understanding of the enacting act's purpose, the record does not establish the specific legislative intent behind the particular provisions, subsections, or later amendments contained in this section. Any more detailed account of why individual requirements—such as the drug court grant program or the grant-tracking system—were added would require documentation not present in the source credit provided.

all 0 arguments · sorted by: best

no arguments yet — make the first case