21 U.S.C. § 384f — Strengthening FDA and CBP coordination and capacity

(a) In general. The Secretary of Health and Human Services, acting through the FDA Commissioner, must coordinate with the Secretary of Homeland Security on activities related to customs, border protection, and responding to illegal controlled substances and drug imports — including at import sites like international mail facilities — to improve those facilities, their technology, and their inspection ability. These two Secretaries may do this work through a memorandum of understanding between the FDA and Customs and Border Protection. (b) FDA import facilities and inspection capacity. (1) The Secretary, working with the Secretary of Homeland Security and the Postmaster General, must make sure FDA-run import facilities inside international mail facilities get: (A) upgrades and better capacity to improve inspection and detection, which may include facility renovations and maintenance to improve coordination between agencies; better equipment and information technology to spot unapproved, counterfeit, or illegal controlled substances for destruction; new or upgraded lab space for testing imported goods; security upgrades; and new technology to share information between the FDA, Homeland Security, and the Postal Service in near-real time; and (B) new technology, including equipment to detect and test controlled substances, so the FDA can share near-real-time information, including test results, with Customs and Border Protection. (2) Any technology used under (1)(B) must work together with technology used by other relevant federal agencies, including Customs and Border Protection, as the Secretary decides is practical. (c) Report. Within 6 months of October 24, 2018, the Secretary, working with the Secretary of Homeland Security and the Postmaster General, must report to four congressional committees on how this section is being carried out, including progress toward near-real-time information sharing and compatible technology.