TH D CONGRESS SESSION H. R. 5925 · •HR 5925 IH ‘‘1033 ... 5 ‘‘(B) services, programs, or strategies to 6 prevent substance use disorder, including evi-7 dence-based education

I

115TH CONGRESS 2D SESSION H. R. 5925

To codify provisions relating to the Office of National Drug Control, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 23, 2018

Mr. GOWDY (for himself, Mr. CUMMINGS, Mr. MEADOWS, and Mr. CONNOLLY)

introduced the following bill; which was referred to the Committee on

Oversight and Government Reform, and in addition to the Committees

on Energy and Commerce, Foreign Affairs, the Judiciary, Intelligence

(Permanent Select), and Appropriations, for a period to be subsequently

determined by the Speaker, in each case for consideration of such provi-

sions as fall within the jurisdiction of the committee concerned

A BILL To codify provisions relating to the Office of National Drug

Control, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Coordinated Response 4

through Interagency Strategy and Information Sharing 5

Act’’ or the ‘‘CRISIS Act’’. 6

VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin

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SEC. 2. OFFICE OF NATIONAL DRUG CONTROL. 1

(a) REDESIGNATION.—The Office of National Drug 2

Control Policy shall be known as the ‘‘Office of National 3

Drug Control’’. 4

(b) REFERENCES.—Any reference in any other Fed-5

eral law, Executive order, rule, regulation, or delegation 6

of authority, or any document of or relating to the Office 7

of National Drug Control Policy is deemed to refer to the 8

Office of National Drug Control. 9

(c) CODIFICATION.—Subtitle I of title 31, United 10

States Code, is amended by adding at the end the fol-11

lowing new chapter: 12

‘‘CHAPTER 10—OFFICE OF NATIONAL 13

DRUG CONTROL 14

‘‘SUBCHAPTER I—OFFICE

‘‘1001. Definitions.

‘‘1002. Office of National Drug Control.

‘‘1003. Administration of the office.

‘‘1004. National drug control program budget.

‘‘1005. National drug control strategy.

‘‘1006. Development of an annual national drug control assessment.

‘‘1007. Monitoring and evaluation of national drug control program.

‘‘1008. Coordination and oversight of the national drug control program.

‘‘1009. Emerging threats taskforce, plan, media campaign.

‘‘1010. National and international coordination.

‘‘1011. Interdiction.

‘‘1012. Treatment coordinator.

‘‘1013. Critical information coordination.

‘‘1014. Authorization of appropriations.

‘‘SUBCHAPTER II—HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

‘‘1021. High intensity drug trafficking areas program.

‘‘SUBCHAPTER III—DRUG-FREE COMMUNITIES SUPPORT PROGRAM

‘‘1031. Establishment of drug-free communities support program.

‘‘1032. Program authorization.


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‘‘1033. Information collection and dissemination with respect to grant recipi-

ents.

‘‘1034. Technical assistance and training.

‘‘1035. Supplemental grants for coalition mentoring activities.

‘‘1036. Authorization for National Community Antidrug Coalition Institute.

‘‘1037. Definitions.

‘‘1038. Drug–free communities reauthorization.

‘‘SUBCHAPTER I—OFFICE 1

‘‘§ 1001. Definitions 2

‘‘In this chapter: 3

‘‘(1) AGENCY.—The term ‘agency’ has the 4

meaning given the term ‘executive agency’ in section 5

102. 6

‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT-7

TEES.—The term ‘appropriate congressional com-8

mittees’ means— 9

‘‘(A) the Committee on the Judiciary, the 10

Committee on Appropriations, and the Caucus 11

on International Narcotics Control of the Sen-12

ate; and 13

‘‘(B) the Committee on Oversight and Gov-14

ernment Reform, the Committee on the Judici-15

ary, and the Committee on Appropriations of 16

the House of Representatives. 17

‘‘(3) DEMAND REDUCTION.—The term ‘demand 18

reduction’ means any activity conducted by a Na-19

tional Drug Control Program Agency, other than an 20

enforcement activity, that is intended to reduce or 21


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prevent the use of drugs or support or provide treat-1

ment and recovery efforts, including— 2

‘‘(A) education about the dangers of illicit 3

drug use; 4

‘‘(B) services, programs, or strategies to 5

prevent substance use disorder, including evi-6

dence-based education campaigns, community- 7

based prevention programs, opioid diversion, 8

collection and disposal of unused prescription 9

drugs, and services to at-risk populations to 10

prevent or delay initial use of an illicit sub-11

stance; 12

‘‘(C) substance use disorder treatment; 13

‘‘(D) illicit drug use research; 14

‘‘(E) drug-free workplace programs; 15

‘‘(F) drug testing, including the testing of 16

employees; 17

‘‘(G) interventions for illicit drug use and 18

dependence; 19

‘‘(H) expanding availability of access to 20

health care services for the treatment of sub-21

stance use disorders; 22

‘‘(I) international drug control coordina-23

tion and cooperation with respect to activities 24

described in this paragraph; 25


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‘‘(J) pre- and post-arrest criminal justice 1

interventions such as diversion programs, drug 2

courts, and the provision of evidence-based 3

treatment to individuals with substance use dis-4

orders who are arrested or under some form of 5

criminal justice supervision, including medica-6

tion assisted treatment; 7

‘‘(K) other coordinated and joint initiatives 8

among Federal, State, local, and Tribal agen-9

cies to promote comprehensive drug control 10

strategies designed to reduce the demand for, 11

and the availability of, illegal drugs; 12

‘‘(L) international illicit drug use edu-13

cation, prevention, treatment, recovery, re-14

search, rehabilitation activities, and interven-15

tions for illicit drug use and dependence; and 16

‘‘(M) research related to any of the activi-17

ties described in this paragraph. 18

‘‘(4) DIRECTOR.—The term ‘Director’ means 19

the Director of the Office of National Drug Control. 20

‘‘(5) DRUG.—The term ‘drug’ has the meaning 21

given the term ‘controlled substance’ in section 22

102(6) of the Controlled Substances Act (21 U.S.C. 23

802(6)). 24


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‘‘(6) DRUG CONTROL.—The term ‘drug control’ 1

means any activity conducted by a National Drug 2

Control Program Agency involving supply reduction 3

or demand reduction. 4

‘‘(7) EMERGING THREAT.—The term ‘emerging 5

threat’ means the occurrence of a new and growing 6

trend in the use of an illicit drug or class of drugs, 7

including rapid expansion in the supply of or de-8

mand for such drug. 9

‘‘(8) ILLICIT DRUG USE; ILLICIT DRUGS; ILLE-10

GAL DRUGS.—The terms ‘illicit drug use’, ‘illicit 11

drugs’, and ‘illegal drugs’ include the illegal or illicit 12

use of prescription drugs. 13

‘‘(9) LAW ENFORCEMENT.—The term ‘law en-14

forcement’ or ‘drug law enforcement’ means all ef-15

forts by a Federal, State, local, or Tribal govern-16

ment agency to enforce the drug laws of the United 17

States or any State, including investigation, arrest, 18

prosecution, and incarceration or other punishments 19

or penalties. 20

‘‘(10) NATIONAL DRUG CONTROL PROGRAM.— 21

The term ‘National Drug Control Program’ means 22

programs, policies, and activities undertaken by Na-23

tional Drug Control Program Agencies pursuant to 24

the responsibilities of such agencies under the Na-25


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tional Drug Control Strategy, including any activi-1

ties involving supply reduction, demand reduction, or 2

State, local, and Tribal affairs. 3

‘‘(11) NATIONAL DRUG CONTROL PROGRAM 4

AGENCY.—The term ‘National Drug Control Pro-5

gram Agency’ means any agency (or bureau, office, 6

independent agency, board, division, commission, 7

subdivision, unit, or other component thereof) that is 8

responsible for implementing any aspect of the Na-9

tional Drug Control Strategy, including any agency 10

that receives Federal funds to implement any aspect 11

of the National Drug Control Strategy, but does not 12

include any agency that receives funds for drug con-13

trol activity solely under the National Intelligence 14

Program or the Military Intelligence Program. 15

‘‘(12) NATIONAL DRUG CONTROL STRATEGY; 16

STRATEGY.—The term ‘National Drug Control 17

Strategy’ or ‘Strategy’ means the strategy developed 18

and submitted to Congress under section 1005. 19

‘‘(13) NONPROFIT ORGANIZATION.—The term 20

‘nonprofit organization’ means an organization that 21

is described in section 501(c)(3) of the Internal Rev-22

enue Code of 1986 and exempt from tax under sec-23

tion 501(a) of such Code. 24


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‘‘(14) OFFICE.—The term ‘Office’ means the 1

Office of National Drug Control. 2

‘‘(15) STATE, LOCAL, AND TRIBAL AFFAIRS.— 3

The term ‘State, local, and Tribal affairs’ means do-4

mestic activities conducted by a National Drug Con-5

trol Program Agency that are intended to reduce the 6

availability and use of illegal drugs, including— 7

‘‘(A) coordination and enhancement of 8

Federal, State, local, and Tribal law enforce-9

ment drug control efforts; 10

‘‘(B) coordination and enhancement of ef-11

forts among National Drug Control Program 12

Agencies and State, local, and Tribal demand 13

reduction and supply reduction agencies; 14

‘‘(C) coordination and enhancement of 15

Federal, State, local, and Tribal law enforce-16

ment initiatives to gather, analyze, and dissemi-17

nate information and law enforcement intel-18

ligence relating to drug control among domestic 19

law enforcement agencies; and 20

‘‘(D) other coordinated and joint initiatives 21

among Federal, State, local, and Tribal agen-22

cies to promote comprehensive drug control 23

strategies designed to reduce the demand for, 24

and the availability of, illegal drugs. 25


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‘‘(16) SUBSTANCE USE DISORDER TREAT-1

MENT.—The term ‘substance use disorder treat-2

ment’ means an evidence-based, professionally di-3

rected, deliberate, and planned regimen including 4

evaluation, observation, medical monitoring, and re-5

habilitative services and interventions such as 6

pharmacotherapy, behavioral therapy, and individual 7

and group counseling, on an inpatient or outpatient 8

basis, to help patients with substance use disorder 9

reach recovery. 10

‘‘(17) SUPPLY REDUCTION.—The term ‘supply 11

reduction’ means any activity or program conducted 12

by a National Drug Control Program Agency that is 13

intended to reduce the availability or use of illegal 14

drugs in the United States or abroad, including— 15

‘‘(A) law enforcement outside the United 16

States; 17

‘‘(B) domestic law enforcement; 18

‘‘(C) source country programs, including 19

economic development programs primarily in-20

tended to reduce the production or trafficking 21

of illicit drugs; 22

‘‘(D) activities to control international traf-23

ficking in, and availability of, illegal drugs, in-24

cluding— 25


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‘‘(i) accurate assessment and moni-1

toring of international drug production and 2

interdiction programs and policies; and 3

‘‘(ii) coordination and promotion of 4

compliance with international treaties re-5

lating to the production, transportation, or 6

interdiction of illegal drugs; 7

‘‘(E) activities to conduct and promote 8

international law enforcement programs and 9

policies to reduce the supply of drugs; 10

‘‘(F) activities to facilitate and enhance the 11

sharing of domestic and foreign intelligence in-12

formation among National Drug Control Pro-13

gram Agencies, relating to the production and 14

trafficking of drugs in the United States and in 15

foreign countries; 16

‘‘(G) activities to prevent the diversion of 17

drugs for their illicit use; and 18

‘‘(H) research related to any of the activi-19

ties described in this paragraph. 20

‘‘§ 1002. Office of National Drug Control 21

‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-22

lished in the Executive Office of the President an Office 23

of National Drug Control, which shall— 24


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‘‘(1) lead national drug control efforts, includ-1

ing developing and assessing implementation of evi-2

dence-based drug control policy; 3

‘‘(2) coordinate and oversee the implementation 4

of the national drug control policy, including the Na-5

tional Drug Control Strategy; 6

‘‘(3) assess and certify the adequacy of Na-7

tional Drug Control Programs and the budget for 8

those programs; 9

‘‘(4) monitor and evaluate the effectiveness of 10

national drug control policy efforts, including the 11

National Drug Control Program Agencies’ pro-12

grams, by developing and applying specific goals and 13

performance measurements and tracking program- 14

level spending; 15

‘‘(5) identify and respond to emerging threats 16

related to illicit drug use; 17

‘‘(6) administer and evaluate grant programs in 18

furtherance of the National Drug Control Strategy; 19

and 20

‘‘(7) facilitate broad-scale information sharing 21

and data standardization among Federal, State, and 22

local entities to support the national drug control ef-23

forts. 24


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‘‘(b) DIRECTOR OF NATIONAL DRUG CONTROL AND 1

DEPUTY DIRECTORS.— 2

‘‘(1) DIRECTOR.— 3

‘‘(A) IN GENERAL.—There shall be at the 4

head of the Office a Director who shall hold the 5

same rank and status as the head of an execu-6

tive department listed in section 101 of title 5, 7

United States Code. 8

‘‘(B) APPOINTMENT.—The Director shall 9

be appointed by the President, by and with the 10

advice and consent of the Senate, and shall 11

serve at the pleasure of the President. 12

‘‘(2) DEPUTY DIRECTOR.— 13

‘‘(A) IN GENERAL.—There shall be a Dep-14

uty Director who shall report directly to the Di-15

rector, be appointed by the President, and serve 16

at the pleasure of the President. 17

‘‘(B) RESPONSIBILITIES.—The Deputy Di-18

rector shall— 19

‘‘(i) carry out the responsibilities dele-20

gated by the Director; and 21

‘‘(ii) be responsible for effectively co-22

ordinating with the Coordinators. 23

‘‘(c) RESPONSIBILITIES.— 24


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‘‘(1) POLICIES, GOALS, OBJECTIVES, AND PRI-1

ORITIES.—The Director shall assist the President in 2

directing national drug control efforts, including es-3

tablishing policies, goals, objectives, and priorities 4

for the National Drug Control Program that are 5

based on evidence-based research. 6

‘‘(2) CONSULTATION.—To formulate the Na-7

tional Drug Control policies, goals, objectives, and 8

priorities, the Director— 9

‘‘(A) shall consult with— 10

‘‘(i) State and local governments; 11

‘‘(ii) National Drug Control Program 12

Agencies; 13

‘‘(iii) each committee, working group, 14

council, or other entity established under 15

this chapter, as appropriate; 16

‘‘(iv) the public; 17

‘‘(v) appropriate congressional com-18

mittees; and 19

‘‘(vi) any other person in the discre-20

tion of the Director; and 21

‘‘(B) may— 22

‘‘(i) establish advisory councils; 23

‘‘(ii) acquire data from agencies; and 24


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‘‘(iii) request data from any other en-1

tity. 2

‘‘§ 1003. Administration of the office 3

‘‘(a) EMPLOYMENT.— 4

‘‘(1) AUTHORITY OF THE DIRECTOR.—The Di-5

rector may select, appoint, employ, and fix com-6

pensation of such officers and employees of the Of-7

fice as may be necessary to carry out the functions 8

of the Office under this chapter. 9

‘‘(2) PROHIBITIONS.— 10

‘‘(A) GENERALLY.—No person shall serve 11

as Director or Deputy Director while serving in 12

any other position in the Federal Government. 13

‘‘(B) PROHIBITION ON POLITICAL CAM-14

PAIGNING.—Any officer or employee of the Of-15

fice who is appointed to that position by the 16

President, by and with the advice and consent 17

of the Senate, may not participate in Federal 18

election campaign activities, except that such 19

official is not prohibited by this paragraph from 20

making contributions to individual candidates. 21

‘‘(b) PROHIBITION ON THE USE OF FUNDS FOR PO-22

LITICAL CAMPAIGNS OR BALLOT INITIATIVES.—No funds 23

authorized under this chapter may be obligated for the 24


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purpose of influencing any Federal, State, or local election 1

or ballot initiative. 2

‘‘(c) PERSONNEL DETAILED TO OFFICE.— 3

‘‘(1) EVALUATIONS.—Notwithstanding any pro-4

vision of chapter 43 of title 5, the Director shall per-5

form the evaluation of the performance of any em-6

ployee detailed to the Office for purposes of the ap-7

plicable performance appraisal system established 8

under such chapter for any rating period, or part 9

thereof, that such employee is detailed to such office. 10

‘‘(2) COMPENSATION.— 11

‘‘(A) BONUS PAYMENTS.—Subject to the 12

availability of appropriations, the Director may 13

provide periodic bonus payments to any em-14

ployee detailed to the Office. 15

‘‘(B) RESTRICTIONS.—An amount paid 16

under this paragraph to an employee for any 17

period— 18

‘‘(i) shall not be greater than 20 per-19

cent of the basic pay paid or payable to 20

such employee for such period; and 21

‘‘(ii) shall be in addition to the basic 22

pay of such employee. 23

‘‘(C) AGGREGATE AMOUNT.—The aggre-24

gate amount paid during any fiscal year to an 25


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employee detailed to the Office as basic pay, 1

awards, bonuses, and other compensation shall 2

not exceed the annual rate payable at the end 3

of such fiscal year for positions at level III of 4

the Executive Schedule. 5

‘‘(d) CONGRESSIONAL ACCESS TO INFORMATION.— 6

The location of the Office in the Executive Office of the 7

President shall not be construed as affecting access by 8

Congress, or any committee of the House of Representa-9

tives or the Senate, to any— 10

‘‘(1) information, document, or study in the 11

possession of, or conducted by or at the direction of 12

the Director; or 13

‘‘(2) personnel of the Office. 14

‘‘(e) OTHER AUTHORITIES OF THE DIRECTOR.—In 15

carrying out this chapter, the Director may— 16

‘‘(1) use for administrative purposes, on a reim-17

bursable basis, the available services, equipment, 18

personnel, and facilities of Federal, State, and local 19

agencies; 20

‘‘(2) procure the services of experts and con-21

sultants in accordance with section 3109 of title 5 22

relating to appointments in the Federal Service, at 23

rates of compensation for individuals not to exceed 24

the daily equivalent of the rate of pay payable under 25


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level IV of the Executive Schedule under section 1

5311 of such title; and 2

‘‘(3) use the mails in the same manner as any 3

other agency. 4

‘‘(f) GENERAL SERVICES ADMINISTRATION.—The 5

Administrator of General Services shall provide to the Di-6

rector, on a reimbursable basis, such administrative sup-7

port services as the Director may request. 8

‘‘§ 1004. National drug control program budget 9

‘‘(a) BUDGET RECOMMENDATIONS.—Not later than 10

July 1 of each year, the Director shall provide to the head 11

of each National Drug Control Program Agency budget 12

recommendations, including requests for specific initia-13

tives that are consistent with the priorities of the Presi-14

dent under the National Drug Control Strategy, which 15

shall— 16

‘‘(1) apply to the budget for the next fiscal year 17

scheduled for formulation under chapter 11, and 18

each of the 4 subsequent fiscal years; and 19

‘‘(2) address funding priorities developed in the 20

National Drug Control Strategy. 21

‘‘(b) RESPONSIBILITIES OF NATIONAL DRUG CON-22

TROL PROGRAM AGENCIES.— 23

‘‘(1) IN GENERAL.—For each fiscal year, the 24

head of each National Drug Control Program Agen-25


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cy shall transmit to the Director a copy of the pro-1

posed drug control budget request of such agency at 2

the same time as that budget request is submitted 3

to their superiors (and before submission to the Of-4

fice of Management and Budget) in the preparation 5

of the budget of the President submitted to Con-6

gress under section 1105(a). 7

‘‘(2) SUBMISSION OF DRUG CONTROL BUDGET 8

REQUESTS.—The head of each National Drug Con-9

trol Program Agency shall ensure timely develop-10

ment and submission to the Director of each pro-11

posed drug control budget request transmitted pur-12

suant to this subsection, in such format as may be 13

designated by the Director with the concurrence of 14

the Director of the Office of Management and Budg-15

et. 16

‘‘(3) CONTENT OF DRUG CONTROL BUDGET RE-17

QUESTS.—A drug control budget request submitted 18

by the head of a National Drug Control Program 19

Agency under this subsection shall include all re-20

quests for funds for any drug control activity under-21

taken by such agency, including demand reduction, 22

supply reduction, and State, local, and Tribal af-23

fairs, including any drug law enforcement activities. 24

If an activity has both drug control and nondrug 25


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control purposes or applications, such agency shall 1

estimate by a documented calculation the total funds 2

requested for that activity that would be used for 3

drug control, and shall set forth in its request the 4

basis and method for making the estimate. 5

‘‘(c) REVIEW AND CERTIFICATION OF BUDGET RE-6

QUESTS AND BUDGET SUBMISSIONS OF NATIONAL DRUG 7

CONTROL PROGRAM AGENCIES.— 8

‘‘(1) IN GENERAL.—The Director shall review 9

each drug control budget request submitted to the 10

Director under subsection (b). 11

‘‘(2) REVIEW OF BUDGET REQUESTS.— 12

‘‘(A) INADEQUATE REQUESTS.—If the Di-13

rector concludes that a budget request sub-14

mitted under subsection (b) is inadequate, in 15

whole or in part, to implement the objectives of 16

the National Drug Control Strategy with re-17

spect to the agency or program at issue for the 18

year for which the request is submitted, the Di-19

rector shall submit to the head of the applicable 20

National Drug Control Program Agency a writ-21

ten description identifying the funding levels 22

and specific initiatives that would, in the deter-23

mination of the Director, make the request ade-24

quate to implement those objectives. 25


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‘‘(B) ADEQUATE REQUESTS.—If the Direc-1

tor concludes that a budget request submitted 2

under subsection (b) is adequate to implement 3

the objectives of the National Drug Control 4

Strategy with respect to the agency or program 5

at issue for the year for which the request is 6

submitted, the Director shall submit to the 7

head of the applicable National Drug Control 8

Program Agency a written statement con-9

firming the adequacy of the request. 10

‘‘(C) RECORD.—The Director shall main-11

tain a record of each description submitted 12

under subparagraph (A) and each statement 13

submitted under subparagraph (B). 14

‘‘(3) SPECIFIC REQUESTS.—The Director shall 15

not confirm the adequacy of any budget request that 16

requests a level of funding that will not enable 17

achievement of the goals of the National Drug Con-18

trol Strategy, including— 19

‘‘(A) requests funding for Federal law en-20

forcement activities that do not adequately com-21

pensate for transfers of drug enforcement re-22

sources and personnel to law enforcement and 23

investigation activities; 24


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‘‘(B) requests funding for law enforcement 1

activities on the borders of the United States 2

that do not adequately direct resources to drug 3

interdiction and enforcement; 4

‘‘(C) requests funding for drug treatment 5

activities that do not provide adequate results 6

and accountability measures; 7

‘‘(D) requests funding for drug treatment 8

activities that do not adequately support and 9

enhance Federal drug treatment programs and 10

capacity; and 11

‘‘(E) requests funding for the operations 12

and management of the Department of Home-13

land Security that does not include a specific 14

request for funds for the Office of Counter-15

narcotics Enforcement to carry out its respon-16

sibilities under section 878 of the Homeland Se-17

curity Act of 2002 (6 U.S.C. 458). 18

‘‘(4) AGENCY RESPONSE.— 19

‘‘(A) IN GENERAL.—The head of a Na-20

tional Drug Control Program Agency that re-21

ceives a description under paragraph (2)(A) 22

shall include the funding levels and initiatives 23

described by the Director in the budget submis-24


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sion for that agency to the Office of Manage-1

ment and Budget. 2

‘‘(B) IMPACT STATEMENT.—The head of a 3

National Drug Control Program Agency that 4

has altered its budget submission under this 5

paragraph shall include as an appendix to the 6

budget submission for that agency to the Office 7

of Management and Budget an impact state-8

ment that summarizes— 9

‘‘(i) the changes made to the budget 10

under this paragraph; and 11

‘‘(ii) the impact of those changes on 12

the ability of that agency to perform its 13

other responsibilities, including any impact 14

on specific missions or programs of the 15

agency. 16

‘‘(C) CONGRESSIONAL NOTIFICATION.— 17

The head of a National Drug Control Program 18

Agency shall submit a copy of any impact state-19

ment under subparagraph (B) to the Senate, 20

the House of Representatives, and the appro-21

priate congressional committees, at the time the 22

budget for that agency is submitted to Congress 23

under section 1105(a). 24


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‘‘(5) CERTIFICATION OF BUDGET SUBMIS-1

SIONS.— 2

‘‘(A) IN GENERAL.—At the time a Na-3

tional Drug Control Program Agency submits 4

its budget request to the Office of Management 5

and Budget, the head of the National Drug 6

Control Program Agency shall submit a copy of 7

the budget request to the Director. 8

‘‘(B) REVIEW AND CERTIFICATION OF 9

SUBMISSIONS.—The Director shall review each 10

budget submission submitted under subpara-11

graph (A) and submit to the appropriate con-12

gressional committees one of the following: 13

‘‘(i) A written certification of the 14

budget request for the agency indicating 15

such request fully funds the National Drug 16

Control Programs as necessary to achieve 17

the goals of the National Drug Control 18

Strategy, including a written statement ex-19

plaining the basis for the determination 20

that the budget provides sufficient re-21

sources for the agency to achieve the goals 22

of the Strategy. 23

‘‘(ii) A written certification of the 24



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such request partially funds the National 1

Drug Control Programs as necessary to 2

achieve the goals of the Strategy, including 3

a written statement explaining the basis 4

for the determination and identifying the 5

level of funding sufficient to achieve the 6

goals of the Strategy. 7

‘‘(iii) A written decertification of the 8


the Director is unable to determine wheth-10

er such budget request for the agency fully 11

funds or partially funds the National Drug 12

Control Programs as necessary to achieve 13

the goals of the National Drug Control 14

Strategy, including a written statement 15

identifying the additional information nec-16

essary for the Director to make a deter-17

mination on such budget and the level of 18

funding sufficient to achieve the goals of 19

the Strategy. 20

‘‘(iv) A written decertification of the 21


that such budget is insufficient to fund the 23

National Drug Control Programs as nec-24

essary to achieve the goals of the Strategy, 25


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including a written statement explaining 1

the basis for the determination that the 2

budget is insufficient and identifying the 3

level of funding sufficient to achieve the 4

goals of the Strategy. 5

‘‘(d) NATIONAL DRUG CONTROL PROGRAM BUDGET 6

PROPOSAL.—For each fiscal year, following the trans-7

mission of proposed drug control budget requests to the 8

Director under subsection (b), the Director shall, in con-9

sultation with the head of each National Drug Control 10

Program Agency and the head of each major national or-11

ganization that represents law enforcement officers, agen-12

cies, or associations— 13

‘‘(1) develop a consolidated National Drug Con-14

trol Program budget proposal designed to implement 15

the National Drug Control Strategy and to inform 16

Congress and the public about the total amount pro-17

posed to be spent on all supply reduction, demand 18

reduction, State, local, and Tribal affairs, including 19

any drug law enforcement, and other drug control 20

activities by the Federal Government, which shall 21

conform to the content requirements set forth in 22

subsection (b)(3) and include— 23

‘‘(A) for each National Drug Control Pro-24

gram Agency, a list of whether the funding level 25


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is full, partial, or insufficient to achieve the 1

goals of the National Drug Control Strategy or 2

whether the Director is unable to determine 3

whether the budget request for the agency fully 4

funds or partially funds the agency’s activities 5

and contributions as necessary to achieve the 6

goals of National Drug Control Strategy; 7

‘‘(B) a statement describing the extent to 8

which any budget of a National Drug Control 9

Program Agency with less than full funding 10

hinders progress on achieving the goals of the 11

National Drug Control Strategy; and 12

‘‘(C) alternative funding structures that 13

could improve progress on achieving the goals 14

of the National Drug Control Strategy; and 15

‘‘(2) submit the consolidated budget proposal to 16

the President and Congress. 17

‘‘(e) BUDGET ESTIMATE OR REQUEST SUBMISSION 18

TO CONGRESS.—Whenever the Director submits any 19

budget estimate or request to the President or the Office 20

of Management and Budget, the Director shall concur-21

rently transmit copies of that estimate or request to the 22

appropriate congressional committees. 23

‘‘(f) REPROGRAMMING AND TRANSFER REQUESTS.— 24


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‘‘(1) IN GENERAL.—No National Drug Control 1

Program Agency shall submit to Congress a re-2

programming or transfer request with respect to any 3

amount of appropriated funds in an amount exceed-4

ing $1,000,000 that is included in the National 5

Drug Control Program budget unless the request 6

has been approved by the Director. If the Director 7

has not responded to a request for reprogramming 8

subject to this paragraph within 30 days after re-9

ceiving notice of the request having been made, the 10

request shall be deemed approved by the Director 11

under this paragraph and forwarded to Congress. 12

‘‘(2) APPEAL.—The head of any National Drug 13

Control Program Agency may appeal to the Presi-14

dent any disapproval by the Director of a re-15

programming or transfer request under this sub-16

section. 17

‘‘§ 1005. National drug control strategy 18

‘‘(a) IN GENERAL.— 19

‘‘(1) STATEMENT OF DRUG POLICY PRIOR-20

ITIES.—The Director shall release a statement of 21

drug policy priorities in the calendar year of a Presi-22

dential inauguration following the inauguration but 23

not later than April 1. 24


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‘‘(2) NATIONAL DRUG CONTROL STRATEGY 1

SUBMITTED BY THE PRESIDENT.—Not later than 2

the first Monday in February following the year in 3

which the term of the President commences, the 4

President shall submit to Congress a National Drug 5

Control Strategy. 6

‘‘(b) DEVELOPMENT OF THE NATIONAL DRUG CON-7

TROL STRATEGY.— 8

‘‘(1) PROMULGATION.—The Director shall pro-9

mulgate the National Drug Control Strategy, which 10

shall set forth a comprehensive plan to reduce illicit 11

drug use and the consequences of such illicit drug 12

use in the United States by limiting the availability 13

of and reducing the demand for illegal drugs and 14

promoting prevention, early intervention, treatment, 15

and recovery support for individuals with substance 16

use disorders. 17

‘‘(2) STATE AND LOCAL COMMITMENT.—The 18

Director shall seek the support and commitment of 19

State, local, and Tribal officials in the formulation 20

and implementation of the National Drug Control 21

Strategy. 22

‘‘(3) STRATEGY BASED ON EVIDENCE.—The Di-23

rector shall ensure the National Drug Control Strat-24

egy is based on the best available medical and sci-25


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entific evidence regarding the policies that are most 1

effective in reducing the demand for and supply of 2

illegal drugs. 3

‘‘(4) PROCESS FOR DEVELOPMENT AND SUB-4

MISSION OF NATIONAL DRUG CONTROL STRATEGY.— 5

In developing and effectively implementing the Na-6

tional Drug Control Strategy, the Director— 7

‘‘(A) shall consult with— 8

‘‘(i) the heads of the National Drug 9

Control Program Agencies; 10

‘‘(ii) the United States Interdiction 11

Coordinator; 12

‘‘(iii) the Interdiction Committee; 13

‘‘(iv) the appropriate congressional 14

committees and any other committee of ju-15

risdiction; 16

‘‘(v) State, local, and Tribal officials; 17

‘‘(vi) private citizens and organiza-18

tions, including community and faith-based 19

organizations, with experience and exper-20

tise in demand reduction; 21

‘‘(vii) private citizens and organiza-22

tions with experience and expertise in sup-23

ply reduction; and 24


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‘‘(viii) appropriate representatives of 1

foreign governments; and 2

‘‘(B) in satisfying the requirements of sub-3

paragraph (A), shall ensure, to the maximum 4

extent possible, that State, local, and Tribal of-5

ficials and relevant private organizations com-6

mit to support and take steps to achieve the 7

goals and objectives of the National Drug Con-8

trol Strategy. 9

‘‘(c) CONTENTS OF THE NATIONAL DRUG CONTROL 10

STRATEGY.— 11

‘‘(1) IN GENERAL.—The National Drug Control 12

Strategy submitted under subsection (a)(2) shall in-13

clude the following: 14

‘‘(A) A description of the current preva-15

lence of illicit drug use in the United States, in-16

cluding both the availability of illicit drugs and 17

the prevalence of substance use disorders, which 18

shall include the following: 19

‘‘(i) Such description for the previous 20

three years for any drug identified as an 21

emerging threat under section 1009 and 22

any other illicit drug identified by the Di-23

rector as having a significant impact on 24

the prevalence of illicit drug use. 25


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‘‘(ii) A summary of the data and 1

trends presented in the Drug Control Data 2

Dashboard required under section 1013. 3

‘‘(B) A mission statement detailing the 4

major functions of the National Drug Control 5

Program. 6

‘‘(C) A list of comprehensive, research- 7

based, long-range, quantifiable goals for reduc-8

ing illicit drug use, including— 9

‘‘(i) the percentage of the total flow of 10

illicit drugs to be interdicted during the 11

time period covered by the Strategy; and 12

‘‘(ii) the number of individuals to re-13

ceive treatment for substance use dis-14

orders. 15

‘‘(D) A description of how each goal listed 16

in the National Drug Control Strategy will be 17

achieved, including— 18

‘‘(i) a list of relevant National Drug 19

Control Program Agencies and each such 20

agency’s related programs, activities, and 21

available assets and the role of each such 22

program, activity, and asset in achieving 23

the goal; 24


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‘‘(ii) a list of relevant stakeholders 1

and each such stakeholder’s role in achiev-2

ing the goal; 3

‘‘(iii) an estimate of Federal funding 4

and other resources needed to achieve each 5

goal; 6

‘‘(iv) an identification of existing or 7

new coordinating mechanisms needed to 8

achieve the goal; and 9

‘‘(v) a description of the Office’s role 10

in facilitating the achievement of such 11

goal. 12

‘‘(E) For each year covered by the Strat-13

egy, a performance evaluation plan for each 14

goal listed in the National Drug Control Strat-15

egy for each National Drug Control Program 16

Agency, including— 17

‘‘(i) specific performance measures for 18

each National Drug Control Program 19

Agency and each such agency’s related 20

programs and activities; 21

‘‘(ii) annual and quarterly objectives 22

and targets for each performance measure; 23

and 24


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‘‘(iii) an estimate of Federal funding 1

and other resources needed to achieve each 2

performance measure. 3

‘‘(F) A list identifying existing data 4

sources or a description of data collection need-5

ed to evaluate performance, including a descrip-6

tion of how the Director will obtain such data. 7

‘‘(G) A list of anticipated challenges to 8

achieving the National Drug Control Strategy 9

goals and planned actions to address such chal-10

lenges; 11

‘‘(H) A description of how each goal was 12

determined, including— 13

‘‘(i) a description of each required 14

consultation and how such consultation 15

was incorporated; 16

‘‘(ii) data, research, or other informa-17

tion used to inform the decision; and 18

‘‘(iii) a statement of whether the goal 19

established in subparagraph (C)(i) will be 20

adequate to disrupt drug trafficking orga-21

nizations that supply the majority of for-22

eign-sourced illicit drugs trafficked into the 23

United States. 24


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‘‘(I) A 5-year projection for program and 1

budget priorities. 2

‘‘(J) A review of international, State, local, 3

and private sector drug control activities to en-4

sure that the United States pursues coordinated 5

and effective drug control at all levels of gov-6

ernment. 7

‘‘(K) Such statistical data and information 8

as the Director considers appropriate to dem-9

onstrate and assess trends relating to illicit 10

drug use, the effects and consequences of illicit 11

drug use (including the effects on children), 12

supply reduction, demand reduction, drug-re-13

lated law enforcement, and the implementation 14

of the National Drug Control Strategy. 15

‘‘(2) ADDITIONAL STRATEGIES.— 16

‘‘(A) IN GENERAL.—The Director shall in-17

clude in the National Drug Control Strategy 18

the additional strategies required under this 19

paragraph and shall comply with the following: 20

‘‘(i) Provide a copy of the additional 21

strategies to the appropriate congressional 22

committees and to the Committee on 23

Armed Services and the Committee on 24

Homeland Security of the House of Rep-25


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resentatives, and the Committee on Home-1

land Security and Governmental Affairs 2

and the Committee on Armed Services of 3

the Senate. 4

‘‘(ii) Issue the additional strategies in 5

consultation with the head of each relevant 6

National Drug Control Program Agency 7

and any relevant official of a State, local 8

or Tribal government, and the government 9

of other countries. 10

‘‘(iii) Not change any existing agency 11

authority or construe any strategy de-12

scribed under this paragraph to amend or 13

modify any law governing interagency rela-14

tionship but may include recommendations 15

about changes to such authority or law. 16

‘‘(iv) Present separately from the rest 17

of any strategy described under this para-18

graph any information classified under cri-19

teria established by an Executive order, or 20

whose public disclosure, as determined by 21

the Director or the head of any relevant 22

National Drug Control Program Agency, 23

would be detrimental to the law enforce-24


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ment or national security activities of any 1

Federal, State, local, or Tribal agency. 2

‘‘(B) REQUIREMENT FOR SOUTHWEST 3

BORDER COUNTERNARCOTICS.— 4

‘‘(i) PURPOSES.—The Southwest Bor-5

der Counternarcotics Strategy shall— 6

‘‘(I) set forth the Government’s 7

strategy for preventing the illegal traf-8

ficking of drugs across the inter-9

national border between the United 10

States and Mexico, including through 11

ports of entry and between ports of 12

entry on that border; 13

‘‘(II) state the specific roles and 14

responsibilities of the relevant Na-15

tional Drug Control Program Agen-16

cies for implementing that strategy; 17

and 18

‘‘(III) identify the specific re-19

sources required to enable the relevant 20

National Drug Control Program 21

Agencies to implement that strategy. 22

‘‘(ii) SPECIFIC CONTENT RELATED TO 23

DRUG TUNNELS BETWEEN THE UNITED 24

STATES AND MEXICO.—The Southwest 25


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Border Counternarcotics Strategy shall in-1

clude— 2

‘‘(I) a strategy to end the con-3

struction and use of tunnels and sub-4

terranean passages that cross the 5

international border between the 6

United States and Mexico for the pur-7

pose of illegal trafficking of drugs 8

across such border; and 9

‘‘(II) recommendations for crimi-10

nal penalties for persons who con-11

struct or use such a tunnel or sub-12

terranean passage for such a purpose. 13

‘‘(C) REQUIREMENT FOR NORTHERN BOR-14

DER COUNTERNARCOTICS STRATEGY.— 15

‘‘(i) PURPOSES.—The Northern Bor-16

der Counternarcotics Strategy shall— 17

‘‘(I) set forth the strategy of the 18

Federal Government for preventing 19

the illegal trafficking of drugs across 20

the international border between the 21

United States and Canada, including 22

through ports of entry and between 23

ports of entry on the border; 24


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‘‘(II) state the specific roles and 1

responsibilities of each relevant Na-2

tional Drug Control Program Agency 3

for implementing the strategy; 4

‘‘(III) identify the specific re-5

sources required to enable the relevant 6

National Drug Control Program 7

Agencies to implement the strategy; 8

‘‘(IV) be designed to promote, 9

and not hinder, legitimate trade and 10

travel; and 11

‘‘(V) reflect the unique nature of 12

small communities along the inter-13


States and Canada, ongoing coopera-15

tion and coordination with Canadian 16

law, enforcement authorities, and 17

variations in the volumes of vehicles 18

and pedestrians crossing through 19

ports of entry along the international 20

border between the United States and 21

Canada. 22

‘‘(ii) SPECIFIC CONTENT RELATED TO 23

CROSS-BORDER INDIAN RESERVATIONS.— 24


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The Northern Border Counternarcotics 1

Strategy shall include— 2

‘‘(I) a strategy to end the illegal 3

trafficking of drugs to or through In-4

dian reservations on or near the inter-5


States and Canada; and 7

‘‘(II) recommendations for addi-8

tional assistance, if any, needed by 9

Tribal law enforcement agencies relat-10

ing to the strategy, including an eval-11

uation of Federal technical and finan-12

cial assistance, infrastructure capacity 13

building, and interoperability defi-14

ciencies. 15

‘‘(3) CLASSIFIED INFORMATION.—Any contents 16

of the National Drug Control Strategy that involve 17

information properly classified under criteria estab-18

lished by an Executive order shall be presented to 19

Congress separately from the rest of the National 20

Drug Control Strategy. 21

‘‘(4) SELECTION OF DATA AND INFORMA-22

TION.—In selecting data and information for inclu-23

sion under paragraph (1), the Director shall en-24

sure— 25


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‘‘(A) the inclusion of data and information 1

that will permit analysis of current trends 2

against previously compiled data and informa-3

tion where the Director believes such analysis 4

enhances long-term assessment of the National 5

Drug Control Strategy; and 6

‘‘(B) the inclusion of data and information 7

to permit a standardized and uniform assess-8

ment of the effectiveness of drug treatment pro-9

grams in the United States. 10

‘‘(d) ANNUAL PERFORMANCE SUPPLEMENT.—Not 11

later than the first Monday in February of each year fol-12

lowing the year in which the National Drug Control Strat-13

egy is submitted pursuant to subsection (a)(2), the Direc-14

tor shall submit to the appropriate congressional commit-15

tees a supplement to the Strategy that shall include— 16

‘‘(1) annual and quarterly quantifiable and 17

measurable objectives and specific targets to accom-18

plish long-term quantifiable goals specified in the 19

Strategy; and 20

‘‘(2) for each year covered by the Strategy, a 21

performance evaluation plan for each goal listed in 22

the Strategy for each National Drug Control Pro-23

gram Agency, including— 24


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‘‘(A) specific performance measures for 1

each National Drug Control Program Agency 2

and each such agency’s related programs and 3

activities; 4

‘‘(B) annual and quarterly objectives and 5

targets for each performance measure; and 6

‘‘(C) an estimate of Federal funding and 7

other resources needed to achieve each perform-8

ance measure. 9

‘‘(e) SUBMISSION OF REVISED STRATEGY.—The 10

President may submit to Congress a revised National 11

Drug Control Strategy that meets the requirements of this 12

section— 13

‘‘(1) at any time, upon a determination of the 14

President, in consultation with the Director, that the 15

National Drug Control Strategy in effect is not suf-16

ficiently effective; or 17

‘‘(2) if a new President or Director takes office. 18

‘‘§ 1006. Development of an annual national drug con-19

trol assessment 20

‘‘(a) TIMING.—Not later than the first Monday in 21

February of each year, the Director shall submit to the 22

President, Congress, and the appropriate congressional 23

committees, a report assessing the progress of each Na-24

tional Drug Control Program Agency toward achieving the 25


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annual goals, objectives, and targets contained in the Na-1

tional Drug Control Strategy applicable to the prior fiscal 2

year. 3

‘‘(b) PROCESS FOR DEVELOPMENT OF THE ANNUAL 4

ASSESSMENT.—Not later than November 1 of each year, 5

the head of each National Drug Control Program Agency 6

shall submit, in accordance with guidance issued by the 7

Director, to the Director an evaluation of progress by the 8

agency with respect to drug control program goals using 9

the performance measures for the agency developed under 10

this section, including progress with respect to— 11

‘‘(1) success in achieving the goals of the Na-12


‘‘(2) success in reducing domestic and foreign 14

sources of illegal drugs; 15

‘‘(3) success in expanding access to and in-16

creasing the effectiveness of substance use disorder 17

treatment; 18

‘‘(4) success in protecting the borders of the 19

United States (and in particular the Southwestern 20

border of the United States) from penetration by il-21

legal narcotics; 22

‘‘(5) success in reducing crime associated with 23

drug use in the United States; 24


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‘‘(6) success in reducing the negative health 1

and social consequences of drug use in the United 2

States; and 3

‘‘(7) implementation of drug treatment and pre-4

vention programs in the United States and improve-5

ments in the adequacy and effectiveness of such pro-6

grams. 7

‘‘(c) CONTENTS OF THE ANNUAL ASSESSMENT.— 8

The Director shall include in the annual assessment re-9

quired under subsection (a)— 10

‘‘(1) a summary of each evaluation received by 11

the Director under subsection (b); 12

‘‘(2) a summary of the progress of each Na-13

tional Drug Control Program Agency toward the 14

drug control program goals of the agency using the 15

performance measures for the agency developed 16

under this section; 17

‘‘(3) an assessment of the effectiveness of each 18

Drug Control Program agency and program in 19

achieving the National Drug Control Strategy for 20

the previous year, including a specific evaluation of 21

whether the applicable goals, measures, objectives, 22

and targets for the previous year were met; 23

‘‘(4) for National Drug Control Program Agen-24

cies that administer grant programs, an evaluation 25


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of the effectiveness of each grant program, including 1

an accounting of the funds disbursed by the pro-2

gram in the prior year and a summary of how those 3

funds were used by the grantees and sub-grantees 4

during that period; 5

‘‘(5) a detailed accounting of the amount of 6

funds obligated by each National Drug Control Pro-7

gram Agency in carrying out the responsibilities of 8

that agency under the Strategy, including the infor-9

mation submitted to the Director under section 10

1007(b); 11

‘‘(6) an assessment of the effectiveness of any 12

Emerging Threat Response Plan in effect for the 13

previous year, including a specific evaluation of 14

whether the objectives and targets were met and rea-15

sons for the success or failure of the previous year’s 16

plan; 17

‘‘(7) a detailed accounting of the amount of 18

funds obligated during the previous fiscal year for 19

carrying out the media campaign under section 20

1009(d), including each recipient of funds, the pur-21

pose of each expenditure, the amount of each ex-22

penditure, any available outcome information, and 23

any other information necessary to provide a com-24

plete accounting of the funds expended; and 25


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‘‘(8) the assessments required under this sub-1

section shall be based on the Performance Measure-2

ment System describe in subsection (d). 3

‘‘(d) PERFORMANCE MEASUREMENT SYSTEM.—The 4

Director shall include in the annual assessment required 5

under subsection (a) a national drug control performance 6

measurement system, that— 7

‘‘(1) develops annual, 2-year, and 5-year per-8

formance measures, objectives, and targets for each 9

National Drug Control Strategy goal and objective 10

established for reducing drug use, availability, and 11

the consequences of drug use; 12

‘‘(2) describes the sources of information and 13

data that will be used for each performance measure 14

incorporated into the performance measurement sys-15

tem; 16

‘‘(3) identifies major programs and activities of 17

the National Drug Control Program Agencies that 18

support the goals and annual objectives of the Na-19


‘‘(4) evaluates the contribution of demand re-21

duction and supply reduction activities implemented 22

by each National Drug Control Program Agency in 23

support of the National Drug Control Strategy; 24


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‘‘(5) monitors consistency between the drug-re-1

lated goals, measures, targets, and objectives of the 2

National Drug Control Program Agencies and en-3

sures that each agency’s goals and budgets support, 4

and are fully consistent with, the National Drug 5

Control Strategy; and 6

‘‘(6) coordinates the development and imple-7

mentation of national drug control data collection 8

and reporting systems to support policy formulation 9

and performance measurement, including an assess-10

ment of— 11

‘‘(A) the quality of current drug use meas-12

urement instruments and techniques to measure 13

supply reduction and demand reduction activi-14

ties; 15

‘‘(B) the adequacy of the coverage of exist-16

ing national drug use measurement instruments 17

and techniques to measure the illicit drug user 18

population, and groups that are at risk for il-19

licit drug use; 20

‘‘(C) the adequacy of the coverage of exist-21

ing national treatment outcome monitoring sys-22

tems to measure the effectiveness of substance 23

use disorder treatment in reducing illicit drug 24

use and criminal behavior during and after the 25


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completion of substance use disorder treatment; 1

and 2

‘‘(D) the actions the Director shall take to 3

correct any deficiencies and limitations identi-4

fied pursuant to subparagraphs (A), (B), and 5

(C). 6

‘‘(e) MODIFICATIONS.—A description of any modi-7

fications made during the preceding year to the national 8

drug performance measurement system described in sub-9

section (d) shall be included in each report submitted 10

under subsection (a). 11

‘‘(f) ANNUAL REPORT ON CONSULTATION.—The Di-12

rector shall include in the annual assessment required 13

under subsection (a)— 14

‘‘(1) a detailed description of how the Office 15

has consulted with and assisted State, local, and 16

Tribal governments with respect to the formulation 17

and implementation of the National Drug Control 18

Strategy and other relevant issues; and 19

‘‘(2) a general review of the status of, and 20

trends in, demand reduction activities by private sec-21

tor entities and community-based organizations, in-22

cluding faith-based organizations, to determine their 23

effectiveness and the extent of cooperation, coordina-24

tion, and mutual support between such entities and 25


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organizations and Federal, State, local, and Tribal 1

government agencies. 2

‘‘(g) PERFORMANCE-BUDGET COORDINATOR.— 3

‘‘(1) DESIGNATION.—The Director shall des-4

ignate or appoint a United States Performance- 5

Budget Coordinator to— 6

‘‘(A) ensure the Director has sufficient in-7

formation about the performance of each Na-8

tional Drug Control Program Agency, the im-9

pact Federal funding has had on the goals in 10

the Strategy, and the likely contributions to the 11

goals of the Strategy based on funding levels of 12

each National Drug Control Program Agency, 13

to make an independent assessment of the 14

budget request of each agency under section 15

1004; 16

‘‘(B) advise the Director on agency budg-17

ets, performance measures and targets, and ad-18

ditional data and research needed to make in-19

formed policy decisions in the National Drug 20

Control Budget and Strategy; and 21

‘‘(C) other duties as may be determined by 22

the Director with respect to measuring or as-23

sessing performance or agency budgets. 24


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‘‘(2) DETERMINATION OF POSITION.—The Di-1

rector shall determine whether the coordinator posi-2

tion is a career or noncareer position in the Senior 3

Executive Service. 4

‘‘§ 1007. Monitoring and evaluation of national drug 5

control program 6

‘‘(a) IN GENERAL.—The Director shall monitor im-7

plementation of the National Drug Control Program and 8

the activities of the National Drug Control Program Agen-9

cies in carrying out the goals and objectives of the Na-10

tional Drug Control Strategy including— 11

‘‘(1) conducting program and performance au-12

dits and evaluations; and 13

‘‘(2) requesting assistance from the Inspector 14

General of the relevant agency in such audits and 15

evaluations. 16

‘‘(b) ACCOUNTING OF FUNDS EXPENDED.—Not later 17

than December 1 of each year and in accordance with 18

guidance issued by the Director, the head of each National 19

Drug Control Program Agency shall submit to the Direc-20

tor a detailed accounting of all funds expended by the 21

agency for National Drug Control Program activities dur-22

ing the previous fiscal year and shall ensure such detailed 23

accounting is authenticated by the Inspector General for 24

such agency prior to submission to the Director. 25


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‘‘(c) NOTIFICATION.—The Director shall notify any 1

National Drug Control Program Agency if its activities 2

are not in compliance with the responsibilities of the agen-3

cy under the National Drug Control Strategy, transmit 4

a copy of each such notification to the President and the 5

appropriate congressional committees, and maintain a 6

copy of each such notification. 7

‘‘(d) RECOMMENDATIONS.—The Director shall make 8

such recommendations to the President and the appro-9

priate congressional committees as the Director deter-10

mines are appropriate regarding changes in the organiza-11

tion, management, and budgets of the National Drug Con-12

trol Program Agencies, and changes in the allocation of 13

personnel to and within those agencies, to implement the 14

policies, goals, priorities, and objectives established under 15

section 1002(c)(1) and the National Drug Control Strat-16

egy. 17

‘‘§ 1008. Coordination and oversight of the national 18

drug control program 19

‘‘(a) IN GENERAL.—The Director shall coordinate 20

and oversee the implementation by the National Drug 21

Control Program Agencies of the policies, goals, objectives, 22

and priorities established under section 1002(c)(1) and 23

the fulfillment of the responsibilities of such agencies 24

under the National Drug Control Strategy and make rec-25


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ommendations to National Drug Control Program Agency 1

heads with respect to implementation of National Drug 2

Control Programs. 3

‘‘(b) DETAILING EMPLOYEES TO OTHER AGEN-4

CIES.— 5

‘‘(1) REQUEST.—The Director may request the 6

head of an agency or program of the Federal Gov-7

ernment to place agency personnel who are engaged 8

in drug control activities on temporary detail to an-9

other agency in order to implement the National 10


‘‘(2) AGENCY COMPLIANCE.—The head of the 12

agency shall comply with such a request. 13

‘‘(3) MAXIMUM NUMBER OF DETAILEES.—The 14

maximum number of personnel who may be detailed 15

to another agency (including the Office) under this 16

subsection during any fiscal year is— 17

‘‘(A) for the Department of Defense, 50; 18

and 19

‘‘(B) for any other agency, 10. 20

‘‘(c) DIRECTING FEDERAL FUNDING.—The Director 21

may transfer funds made available to a National Drug 22

Control Program Agency for National Drug Control Strat-23

egy programs and activities to another account within 24

such agency or to another National Drug Control Program 25


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Agency for National Drug Control Strategy programs and 1

activities, except that— 2

‘‘(1) the authority under this subsection may be 3

limited in an annual appropriations Act or other 4

provision of Federal law; 5

‘‘(2) the Director may exercise the authority 6

under this subsection only with the concurrence of 7

the head of each affected agency; 8

‘‘(3) in the case of an interagency transfer, the 9

total amount of transfers under this subsection may 10

not exceed 3 percent of the total amount of funds 11

made available for National Drug Control Strategy 12

programs and activities to the agency from which 13

those funds are to be transferred; 14

‘‘(4) funds transferred to an agency under this 15

subsection may only be used to increase the funding 16

for programs or activities authorized by law; 17

‘‘(5) the Director shall— 18

‘‘(A) submit to the appropriate congres-19

sional committees and any other applicable 20

committees of jurisdiction, a reprogramming or 21

transfer request in advance of any transfer 22

under this subsection in accordance with the 23

regulations of the affected agency or agencies; 24

and 25


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‘‘(B) annually submit to the appropriate 1

congressional committees a report describing 2

the effect of all transfers of funds made pursu-3

ant to this subsection or section 1004(f) during 4

the 12-month period preceding the date on 5

which the report is submitted; and 6

‘‘(6) funds may only be used for— 7

‘‘(A) expansion of demand reduction activi-8

ties; 9

‘‘(B) interdiction of illicit drugs on the 10

high seas, in United States territorial waters, 11

and at United States ports of entry by officers 12

and employees of Drug Control Program Agen-13

cies and domestic and foreign law enforcement 14

officers; 15

‘‘(C) accurate assessment and monitoring 16

of international drug production and interdic-17

tion programs and policies; 18

‘‘(D) activities to facilitate and enhance 19

the sharing of domestic and foreign intelligence 20

information among Drug Control Program 21

Agencies related to the production and traf-22

ficking of drugs in the United States and for-23

eign countries; and 24


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‘‘(E) activities to prevent the diversion of 1

prescription drugs for illicit use and research 2

related to any of these activities. 3

‘‘(d) DIRECTING FEDERAL FUNDING TO RESPOND 4

TO EMERGING THREATS.— 5

‘‘(1) IN GENERAL.—The Director may transfer 6

funds made available to a National Drug Control 7

Program Agency for National Drug Control Strategy 8

programs and activities to another account within 9

such agency or to another National Drug Control 10

Program Agency for National Drug Control Strategy 11

programs and activities to implement the provisions 12

of a plan developed under section 1009, except 13

that— 14

‘‘(A) the authority under this subsection 15

may be limited in an annual appropriations Act 16

or other provision of Federal law; 17

‘‘(B) in the case of an interagency trans-18

fer, the total amount of transfers under this 19

subsection may not exceed 10 percent of the 20

total amount of funds made available for Na-21

tional Drug Control Strategy programs and ac-22

tivities to the agency from which those funds 23

are to be transferred; 24


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‘‘(C) funds transferred to an agency under 1

this subsection may only be used to increase the 2

funding for programs or activities authorized by 3

law; 4

‘‘(D) no transfer of funds under this sub-5

section may result in a reduction in total Fed-6

eral expenditures for substance use disorder 7

treatment; 8

‘‘(E) the Director shall— 9

‘‘(i) submit to the appropriate con-10

gressional committees and any other appli-11

cable committees of jurisdiction, a re-12

programming or transfer request in ad-13

vance of any transfer under this subsection 14

in accordance with the regulations of each 15

affected agency; and 16

‘‘(ii) annually submit to the appro-17

priate congressional committees a report 18

describing the effect of all transfers of 19

funds made pursuant to this subsection or 20

section 1004(f) during the 12-month pe-21

riod preceding the date on which the report 22

is submitted; and 23

‘‘(F) funds may only be used for— 24


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‘‘(i) expansion of demand reduction 1

activities; 2

‘‘(ii) interdiction of illicit drugs on the 3

high seas, in United States territorial 4

waters, and at United States ports of entry 5

by officers and employees of Drug Control 6

Program agencies and domestic and for-7

eign law enforcement officers; 8

‘‘(iii) accurate assessment and moni-9

toring of international drug production and 10

interdiction programs and policies; 11

‘‘(iv) activities to facilitate and en-12

hance the sharing of domestic and foreign 13

intelligence information among Drug Con-14

trol Program Agencies related to the pro-15

duction and trafficking of drugs in the 16

United States and foreign countries; and 17

‘‘(v) activities to prevent the diversion 18

of prescription drugs for illicit use and re-19

search related to any of these activities. 20

‘‘(2) INADEQUACY OF TRANSFER.—In the event 21

the authority under this subsection is inadequate to 22

implement the provisions of a plan developed under 23

section 1009, the Director shall submit a request for 24


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funding to Congress as soon as the Director becomes 1

aware of the need for additional funding. 2

‘‘(e) FUND CONTROL NOTICES.— 3

‘‘(1) IN GENERAL.—The Director may issue to 4

the head of a National Drug Control Program Agen-5

cy a fund control notice to ensure compliance with 6

the National Drug Control Program Strategy. A 7

fund control notice may direct that all or part of an 8

amount appropriated to the National Drug Control 9

Program Agency account be obligated by— 10

‘‘(A) months, fiscal year quarters, or other 11

time periods; and 12

‘‘(B) activities, functions, projects, or ob-13

ject classes. 14

‘‘(2) UNAUTHORIZED OBLIGATION OR EXPENDI-15

TURE PROHIBITED.—An officer or employee of a 16

National Drug Control Program Agency shall not 17

make or authorize an expenditure or obligation con-18

trary to a fund control notice issued by the Director. 19

‘‘(3) DISCIPLINARY ACTION FOR VIOLATION.— 20

In the case of a violation of paragraph (2) by an of-21

ficer or employee of a National Drug Control Pro-22

gram Agency, the head of the agency, upon the re-23

quest of and in consultation with the Director, may 24

subject the officer or employee to appropriate ad-25


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ministrative discipline, including, when cir-1

cumstances warrant, suspension from duty without 2

pay or removal from office. 3

‘‘(4) CONGRESSIONAL NOTICE.—Not later than 4

5 days after issuance of a fund control notice, the 5

Director shall submit a copy of such fund control 6

notice to the appropriate congressional committees 7

and make such notice publicly available. 8

‘‘(5) RESTRICTIONS.—The Director shall not 9

issue a fund control notice to direct that all or part 10

of an amount appropriated to the National Drug 11

Control Program Agency account be obligated, modi-12

fied, or altered in any manner contrary, in whole or 13

in part, to a specific appropriation or statute. 14

‘‘(f) EXCLUSIONS.—The authorities described under 15

subsections (c), (d), and (e) do not apply to any program 16

under subchapter II or III. 17

‘‘(g) FOREIGN ASSISTANCE ACT PARTICIPATION.— 18

The Director may participate in the drug certification 19

process pursuant to section 490 of the Foreign Assistance 20

Act of 1961 (22 U.S.C. 2291j) and section 706 of the 21

Department of State Authorization Act for Fiscal Year 22

2003 (22 U.S.C. 229j–l). 23

‘‘(h) CERTIFICATIONS OF POLICY CHANGES TO DI-24

RECTOR.— 25


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‘‘(1) IN GENERAL.—Subject to paragraph (2), 1

the head of a National Drug Control Program Agen-2

cy shall, unless exigent circumstances require other-3

wise, notify the Director in writing regarding any 4

proposed change in policies relating to the activities 5

of that agency under the National Drug Control 6

Program prior to implementation of such change. 7

The Director shall promptly review such proposed 8

change and certify to the head of that agency in 9

writing whether such change is consistent with the 10

National Drug Control Strategy. 11

‘‘(2) EXCEPTION.—If prior notice of a proposed 12

change under paragraph (1) is not practicable— 13

‘‘(A) the head of the National Drug Con-14

trol Program Agency shall notify the Director 15

of the proposed change as soon as practicable; 16

and 17

‘‘(B) upon such notification, the Director 18

shall review the change and certify to the head 19

of that agency in writing whether the change is 20

consistent with the National Drug Control 21

Strategy. 22

‘‘(i) WORK IN CONJUNCTION WITH ASSISTANT FOR 23

NATIONAL SECURITY AFFAIRS.—The Director shall, in 24

any matter affecting national security interests, work in 25


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conjunction with the Assistant to the President for Na-1

tional Security Affairs. 2

‘‘§ 1009. Emerging threats taskforce, plan, media cam-3

paign 4

‘‘(a) EMERGING THREATS TASK FORCE.— 5

‘‘(1) EMERGING AND CONTINUING THREATS CO-6

ORDINATOR.—The Director shall designate or ap-7

point a United States Emerging and Continuing 8

Threats Coordinator to perform the duties of that 9

position described in this section and such other du-10

ties as may be determined by the Director. The Di-11

rector shall determine whether the coordinator posi-12

tion is a career or noncareer position in the Senior 13

Executive Service. 14

‘‘(2) ESTABLISHMENT AND MONITORING.—The 15

Emerging and Continuing Threats Coordinator (re-16

ferred to in this section as the ‘Coordinator’) shall 17

monitor evolving and emerging drug threats in the 18

United States and shall serve as Chair of an Emerg-19

ing Threats Task Force (in this section, referred to 20

as the ‘task force’). The Director shall appoint other 21

members of the Task force, which shall include rep-22

resentatives from— 23

‘‘(A) National Drug Control Program 24

Agencies or other agencies; 25


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‘‘(B) State, local, and Tribal governments; 1

and 2

‘‘(C) other entities as determined to be 3

necessary by the Director. 4

‘‘(3) INFORMATION SHARING.—The task force 5

shall disseminate and facilitate the sharing with 6

Federal, State, local, and Tribal officials and other 7

entities as determined by the Director of pertinent 8

information and data relating to the following: 9

‘‘(A) Recent trends in drug supply and de-10

mand. 11

‘‘(B) Drug overdose deaths. 12

‘‘(C) Substance use disorder treatment ad-13

mission trends. 14

‘‘(D) Recent trends in drug interdiction, 15

supply, and demand from State, local, and 16

Tribal law enforcement agencies. 17

‘‘(E) Other subject matter as determined 18

necessary by the Director. 19

‘‘(4) CRITERIA TO IDENTIFY EMERGING DRUG 20

THREATS.—Not later than 60 days after the date on 21

which a task force first meets, the task force shall 22

develop and recommend to the Director criteria to be 23

used to identify an emerging drug threat or the ter-24

mination of an emerging drug threat designation 25


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based on information gathered by the task force in 1

paragraph (2), statistical data, and other evidence. 2

‘‘(5) MEETINGS.—The task force shall meet in 3

person not less frequently than quarterly and at ad-4

ditional meetings if determined to be necessary by 5

and at the call of the Chair to— 6

‘‘(A) identify and discuss evolving and 7

emerging drug trends in the United States 8

using the criteria established in paragraph (3); 9

‘‘(B) formulate the plan described in sub-10

section (c); 11

‘‘(C) oversee implementation of the plan 12

described in subsection (c); and 13

‘‘(D) provide such other advice to the Co-14

ordinator and Director concerning strategy and 15

policies for emerging drug threats and trends as 16

the task force determines to be appropriate. 17

‘‘(b) DESIGNATION.— 18

‘‘(1) IN GENERAL.—The Director, in consulta-19

tion with the Coordinator, the task force, and the 20

head of each National Drug Control Program Agen-21

cy, may designate an emerging drug threat in the 22

United States. 23

‘‘(2) STANDARDS FOR DESIGNATION.—The Di-24

rector, in consultation with the Coordinator, shall 25


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promulgate and make publicly available standards by 1

which a designation under paragraph (1) and the 2

termination of such designation may be made. In de-3

veloping such standards, the Director shall consider 4

the recommendations of the task force and other cri-5

teria the Director considers to be appropriate. 6

‘‘(3) PUBLIC STATEMENT REQUIRED.—The Di-7

rector shall publish a public written statement on 8

the portal of the Office explaining the designation of 9

an emerging drug threat or the termination of such 10

designation and shall notify the appropriate congres-11

sional committees of the availability of such state-12

ment when a designation or termination of such des-13

ignation has been made. 14

‘‘(c) PLAN.— 15

‘‘(1) PUBLIC AVAILABILITY OF PLAN.—Not 16

later than 60 days after making a designation under 17

subsection (b), the Director shall publish and make 18

publicly available an Emerging Threat Response 19

Plan and notify the President and the appropriate 20

congressional committees of such plan’s availability. 21

‘‘(2) TIMING.—Not less frequently than every 22

90 days after the date on which the plan is pub-23

lished under paragraph (1), the Director shall up-24

date the plan and report on implementation of the 25


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plan, until the Director issues the public statement 1

required under subsection (b)(3) to terminate the 2

emerging threat designation. 3

‘‘(3) CONTENTS OF AN EMERGING THREAT RE-4

SPONSE PLAN.—The Director shall include in the 5

plan— 6

‘‘(A) a comprehensive strategic assessment 7

of the emerging drug threat, including the cur-8

rent status of prevention, treatment, and en-9

forcement efforts surrounding the emerging 10

drug threat; 11

‘‘(B) comprehensive, research-based, long- 12

range, quantifiable goals for addressing the 13

emerging drug threat; 14

‘‘(C) performance measures pertaining to 15

the plan’s goals, including quantifiable and 16

measurable objectives and specific targets; 17

‘‘(D) the level of funding needed to imple-18

ment the plan, including whether funding is 19

available to be reprogrammed or transferred to 20

support implementation of the plan or whether 21

additional appropriations are necessary to im-22

plement the plan; 23

‘‘(E) an implementation strategy for the 24

education and public awareness campaign under 25


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subsection (d), including goals as described 1

under subparagraph (B) and performance 2

measures, objectives, and targets, as described 3

under subparagraph (C); and 4

‘‘(F) any other information necessary to 5

inform the public of the status, progress, or re-6

sponse of an emerging drug threat. 7

‘‘(4) IMPLEMENTATION.— 8

‘‘(A) IN GENERAL.—Not later than 90 9

days after the date on which a designation is 10

made under subsection (b), the Director, in 11

consultation with the President, the appropriate 12

congressional committees, and the head of each 13

National Drug Control Program Agency, shall 14

issue guidance on implementation of the plan 15

described in subsection (c) to the National 16

Drug Control Program Agencies and any other 17

relevant agency determined to be necessary by 18

the Director. 19

‘‘(B) COORDINATOR’S RESPONSIBIL-20

ITIES.—The Coordinator shall— 21

‘‘(i) direct the implementation of the 22

plan among the agencies identified in the 23

plan, State, local, and Tribal governments, 24

and other relevant entities; 25


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‘‘(ii) facilitate information-sharing be-1

tween agencies identified in the plan, 2

State, local, and Tribal governments, and 3

other relevant entities; and 4

‘‘(iii) monitor implementation of the 5

plan by coordinating the development and 6

implementation of collection and reporting 7

systems to support performance measure-8

ment and adherence to the plan by agen-9

cies identified in plan, where appropriate. 10

‘‘(C) REPORTING.—Not later than 180 11

days after designation under subsection (b) and 12

in accordance with paragraph (2)(C), the head 13

of each agency identified in the plan shall sub-14

mit to the Coordinator a report on implementa-15

tion of the plan. 16

‘‘(d) EDUCATION AND PUBLIC AWARENESS CAM-17

PAIGN FOR EMERGING DRUG THREATS.— 18

‘‘(1) IN GENERAL.—Not later than 90 days 19

after a designation under subsection (b), the Direc-20

tor shall establish and implement an evidence-based 21

substance use prevention education and public 22

awareness campaign to inform the public about the 23

dangers of any drug designated as an emerging drug 24

threat. Such campaign shall— 25


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‘‘(A) educate the public about the dangers 1

of such drug, including patient and family edu-2

cation about the characteristics and hazards of 3

such drugs and methods to safeguard against 4

such dangers, including the safe disposal of 5

such drugs; 6

‘‘(B) support evidence-based prevention 7

programs targeting audiences’ attitudes, percep-8

tions, and beliefs concerning substance use and 9

intentions to initiate or continue such use; 10

‘‘(C) increase awareness of the negative 11

consequences of drug use; 12

‘‘(D) encourage individuals affected by 13

substance use disorders to seek treatment and 14

provide such individuals with information on 15

how to recognize addiction issues, what forms 16

of evidence-based treatment options are avail-17

able, and how to access such treatment; and 18

‘‘(E) combat the stigma of addiction and 19

substance use disorders, including the stigma of 20

treating such disorders with medication-assisted 21

treatment therapies. 22

‘‘(2) CONSULTATION.—For the planning of the 23

campaign under paragraph (1), the Secretary shall 24

consult with— 25


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‘‘(A) the head of any appropriate National 1

Drug Control Program Agency to obtain advice 2

on evidence-based scientific information for pol-3

icy, program development, and evaluation; 4

‘‘(B) experts in evidence-based media cam-5

paigns, education, evaluation, and communica-6

tion; 7

‘‘(C) experts on the designated drug; 8

‘‘(D) State, local, and Tribal government 9

officials and relevant agencies; 10

‘‘(E) the public; 11

‘‘(F) appropriate congressional committees; 12

and 13

‘‘(G) any other affected person. 14

‘‘(3) GIFTS AND DONATIONS.— 15

‘‘(A) IN GENERAL.—The Director may ac-16

cept gifts and donations (in cash or in kind, in-17

cluding voluntary and uncompensated services 18

or property), which shall be available until ex-19

pended, for the purpose of supporting the edu-20

cation and outreach campaign authorized in 21

this section, including the media campaign. 22

‘‘(B) ETHICS GUIDELINES.—The Director 23

shall establish written guidelines setting forth 24

the criteria to be used in determining whether 25


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a gift or donation should be declined under this 1

section because the acceptance of the gift or do-2

nation would— 3

‘‘(i) reflect unfavorably upon the abil-4

ity of the Director or the Office, or any 5

employee of the Office, to carry out re-6

sponsibilities or official duties under this 7

chapter in a fair and objective manner; or 8

‘‘(ii) compromise the integrity or the 9

appearance of integrity of programs or 10

services provided under this chapter or of 11

any official involved in those programs or 12

services. 13

‘‘(C) ANNUAL REPORT REQUIRED.—Not 14

later than the first Monday in the February of 15

each year, the Director shall submit to the ap-16

propriate congressional committees an annual 17

report that identifies the sources of any gift or 18

donation accepted by the Office or any con-19

tractor acting on behalf of the Office, under 20

this subsection, including the value of each gift 21

and donation provided by each source of the 22

gift. 23

‘‘(4) IMPLEMENTATION.— 24


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‘‘(A) IN GENERAL.—For any campaign es-1

tablished under this subsection, the Director 2

shall ensure the following: 3

‘‘(i) Implementation is evidence-based, 4

meets accepted standards for public aware-5

ness campaigns, and uses available re-6

sources in a manner to make the most 7

progress toward achieving the goals identi-8

fied in the emerging threats plan and para-9

graph (1). 10

‘‘(ii) Information disseminated 11

through the campaign is accurate. 12

‘‘(iii) The Director approves the strat-13

egy of the campaign, all material distrib-14

uted through the campaign, and the use of 15

any Federal funds used for the campaign. 16

‘‘(iv) The campaign is designed using 17

strategies found to be most effective at 18

achieving such goals, which may include— 19

‘‘(I) a media campaign, as de-20

scribed in subparagraph (B); 21

‘‘(II) local, regional, or popu-22

lation specific messaging; 23

‘‘(III) establishing partnerships 24

and promoting coordination among 25


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community stakeholders, including 1

public, nonprofit organizations, and 2

for profit entities; 3

‘‘(IV) providing support, train-4

ing, and technical assistance to estab-5

lish and expand school and commu-6

nity prevention programs; 7

‘‘(V) creating websites to pub-8

licize and disseminate information; 9

‘‘(VI) conducting outreach and 10

providing educational resources for 11

parents; 12

‘‘(VII) establishing State or re-13

gional advisory councils to provide 14

input and recommendations to raise 15

awareness regarding the drug des-16

ignated as an emerging drug threat; 17

‘‘(VIII) collaborating with law 18

enforcement; and 19

‘‘(IX) support for school-based 20

public health education classes to im-21

prove teen knowledge about the effects 22

of such designated drug. 23


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‘‘(B) MEDIA CAMPAIGN.—Any campaign 1

implemented under this subsection may include 2

a media component, which— 3

‘‘(i) shall be designed to prevent the 4

use of the drug designated as an emerging 5

drug threat and to achieve the goals of 6

paragraph (1); 7

‘‘(ii) shall be carried out through com-8

petitively awarded contracts to entities pro-9

viding for the professional production and 10

design of such campaign; and 11

‘‘(iii) may include the use of tele-12

vision, radio, Internet, social media, and 13

other commercial marketing venues and 14

may be targeted to specific age groups 15

based on peer-reviewed social research. 16

‘‘(C) REQUIRED NOTICE FOR COMMUNICA-17

TION FROM THE OFFICE.—Any communication, 18

including an advertisement, paid for or other-19

wise disseminated by the Office directly or 20

through a contract awarded by the Office shall 21

include a prominent notice informing the audi-22

ence that the communication was a paid for by 23

of the Office. 24

‘‘(5) EVALUATION.— 25


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‘‘(A) PERFORMANCE EVALUATION.—The 1

Director shall include an evaluation of the cam-2

paign in the annual assessment under section 3

1006, which shall include the following: 4

‘‘(i) A performance evaluation of the 5

campaign, including progress toward meet-6

ing the goals, objectives, measures, and 7

targets identified in the emerging threats 8

plan. 9

‘‘(ii) A description of all policies and 10

practices to eliminate the potential for 11

waste, fraud, abuse, and to ensure Federal 12

funds are used responsibly. 13

‘‘(iii) A list of all contracts or other 14

agreements entered into to implement the 15

campaign. 16

‘‘(iv) The results of any financial 17

audit of the campaign. 18

‘‘(v) A description of any evidence 19

used to develop the campaign. 20

‘‘(B) INDEPENDENT EVALUATION.—Not 21

later than 180 days after establishing a cam-22

paign under paragraph (1) and not less than 23

frequently than every two years thereafter, the 24

Director shall— 25


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‘‘(i) designate an independent entity 1

to evaluate the effectiveness of the cam-2

paign with meeting the goals established in 3

the emerging threat plan and paragraph 4

(1); and 5

‘‘(ii) submit the results of the inde-6

pendent evaluation to the appropriate con-7

gressional committees. 8

‘‘(6) FUNDING PROHIBITIONS.—None of the 9

amounts made available under this subsection may 10

be obligated for any of the following: 11

‘‘(A) To supplant current anti-drug com-12

munity-based coalitions. 13

‘‘(B) To supplant pro bono public service 14

time donated by national and local broadcasting 15

network for other public services campaigns. 16

‘‘(C) For partisan political purposes, or ex-17

press advocacy in support of or to defeat any 18

clearly identified candidate, clearly identified 19

ballot initiative, or clearly identified legislative 20

or regulatory proposal. 21

‘‘(D) For any advocacy in support of any 22

particular company, industry association, or ad-23

vocacy group or the explicit policy positions 24

held by such groups. 25


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‘‘(E) To direct any individuals to a specific 1

type of substance use disorder treatment, treat-2

ment facility, medical provider, or form of medi-3

cation assisted treatment. 4

‘‘(F) To fund any advertising that features 5

any elected officials, persons seeking elected of-6

fice, cabinet level officials, or other Federal offi-7

cials employed pursuant to section 213 of 8

Schedule C of title 5, Code of Federal Regula-9

tions. 10

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 11

is authorized to be appropriated to the Office to carry out 12

this section, $25,000,000 for each of fiscal years 2019 13

through 2023. 14

‘‘§ 1010. National and international coordination 15

‘‘(a) DISSEMINATION OF RESEARCH AND INFORMA-16

TION TO STATES.—The Director shall ensure that drug 17

control research and information is effectively dissemi-18

nated by National Drug Control Program Agencies to 19

State and local governments and nongovernmental entities 20

involved in demand reduction by— 21

‘‘(1) encouraging formal consultation between 22

any such agency that conducts or sponsors research, 23

and any such agency that disseminates information 24


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in developing research and information product de-1

velopment agendas; 2

‘‘(2) encouraging such agencies (as appropriate) 3

to develop and implement dissemination plans that 4

specifically target State and local governments and 5

nongovernmental entities involved in demand reduc-6

tion; and 7

‘‘(3) supporting the substance abuse informa-8

tion clearinghouse administered by the Adminis-9

trator of the Substance Abuse and Mental Health 10

Services Administration and established in section 11

501(d)(16) of the Public Health Service Act by— 12

‘‘(A) encouraging all National Drug Con-13

trol Program Agencies to provide all appro-14

priate and relevant information; and 15

‘‘(B) supporting the dissemination of infor-16

mation to all interested entities. 17

‘‘(b) STANDARDS.— 18

‘‘(1) DEVELOPMENT.—The Director shall co-19

ordinate the development of evidence-based stand-20

ards developed by National Drug Control Program 21

Agencies and other relevant agencies and non-Fed-22

eral entities to State, local, and Tribal governments 23

and nongovernmental entities related to drug control 24


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policies, practices, and procedures, such as the inves-1

tigation of drug-related deaths, by— 2

‘‘(A) encouraging appropriate agencies and 3

State, local, and Tribal governments to develop 4

data standards for drug control practices and 5

procedures and related statistical data; 6

‘‘(B) encouraging information sharing be-7

tween appropriate agencies and State, local, 8

and Tribal governments of relevant drug control 9

information and data; 10

‘‘(C) establishing a working group of agen-11

cies, State, local, and Tribal governments, and 12

other relevant stakeholders to discuss and de-13

velop such standards; and 14

‘‘(D) facilitating collaboration among agen-15

cies, non-Federal entities, States, local, and 16

Tribal governments, and nongovernmental 17

agencies. 18

‘‘(2) IMPLEMENTATION.—The Director shall 19

promote the implementation of the standards de-20

scribed in paragraph (1) by— 21

‘‘(A) encouraging adoption by providing 22

the standards to State and local governments 23

through the internet, annual publications or 24


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periodicals, and other widely-disseminated 1

means; 2

‘‘(B) facilitating the use and dissemination 3

of such standards among State and local gov-4

ernments by— 5

‘‘(i) providing technical assistance to 6

State, local, and Tribal governments seek-7

ing to adopt or implement such standards; 8

and 9

‘‘(ii) coordinating seminars and train-10

ing sessions for State, local, and Tribal 11

governments seeking to adopt or imple-12

ment such standards. 13

‘‘(c) PRIVATE SECTOR.— 14

‘‘(1) IN GENERAL.—The Director or the head 15

of a National Drug Control Program (as designated 16

by the Director) shall coordinate with the private 17

sector to promote private research and development 18

of medications to treat or prevent addiction, includ-19

ing research and development for non-addictive pain 20

management medication, abuse deterrent formula-21

tions, medication-assisted treatment, and other ad-22

diction research determined to be necessary by the 23

Director by— 24


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‘‘(A) encouraging the sharing of informa-1

tion regarding evidence-based treatment addic-2

tion findings and related data between agencies 3

and the private sector, as appropriate; 4

‘‘(B) encouraging collaboration between 5

appropriate agencies and the private sector; and 6

‘‘(C) providing private sector entities with 7

relevant statistical data and information to en-8

hance research as permissible. 9

‘‘(2) WORKING GROUP.—The Director may es-10

tablish a working group of National Drug Control 11

Program Agencies, State, local, and Tribal govern-12

ments, and the private sector stakeholders to discuss 13

and disseminate best practices, research and devel-14

opment, and other related issues, as appropriate. 15

‘‘(d) MODEL ACTS PROGRAM.— 16

‘‘(1) IN GENERAL.—The Director shall provide 17

for or shall enter into an agreement with a nonprofit 18

organization to— 19

‘‘(A) advise States on establishing laws 20

and policies to address illicit drug use issues; 21

and 22

‘‘(B) revise such model State drug laws 23

and draft supplementary model State laws to 24


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take into consideration changes in illicit drug 1

use issues in the State involved. 2

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 3

There is authorized to be appropriated to carry out 4

this subsection $1,250,000 for each of fiscal years 5

2019 through 2023. 6

‘‘(e) DRUG COURT TRAINING AND TECHNICAL AS-7

SISTANCE PROGRAM.— 8

‘‘(1) GRANTS AUTHORIZED.—The Director may 9

make a grant to a nonprofit organization for the 10

purpose of providing training and technical assist-11

ance to drug courts. 12

‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 13

There is authorized to be appropriated to carry out 14

this subsection $2,000,000 for each of fiscal years 15

2019 through 2023. 16

‘‘(f) INTERNATIONAL COORDINATION.—The Director 17

shall facilitate international drug control coordination ef-18

forts. 19

‘‘(g) STATE, LOCAL, AND TRIBAL AFFAIRS COORDI-20

NATOR.—The Director shall designate or appoint a United 21

States State, Local, and Tribal Affairs Coordinator to per-22

form the duties of the Office outlined in this section and 23

section 1005 and such other duties as may be determined 24

by the Director with respect to coordination of drug con-25


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trol efforts between agencies and State, local, and Tribal 1

governments. The Director shall determine whether the 2

coordinator position is a career or noncareer position in 3

the Senior Executive Service. 4

‘‘§ 1011. Interdiction 5

‘‘(a) UNITED STATES INTERDICTION COORDI-6

NATOR.— 7

‘‘(1) IN GENERAL.—The Director shall des-8

ignate or appoint a United States Interdiction Coor-9

dinator to perform the duties of that position de-10

scribed in paragraph (2) and such other duties as 11

may be determined by the Director with respect to 12

coordination of efforts to interdict illicit drugs from 13

entering the United States. 14

‘‘(2) RESPONSIBILITIES.—The United States 15

Interdiction Coordinator shall be responsible to the 16

Director for— 17

‘‘(A) coordinating the interdiction activities 18

of the National Drug Control Program Agen-19

cies to ensure consistency with the National 20

Drug Control Strategy; 21

‘‘(B) on behalf of the Director, developing 22

and issuing, on or before March 1 of each year 23

and in accordance with paragraph (4), a Na-24

tional Interdiction Command and Control Plan 25


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to ensure the coordination and consistency de-1

scribed in subparagraph (A); 2

‘‘(C) assessing the sufficiency of assets 3

committed to illicit drug interdiction by the rel-4

evant National Drug Control Program Agen-5

cies; and 6

‘‘(D) advising the Director on the efforts 7

of each National Drug Control Program Agency 8

to implement the National Interdiction Com-9

mand and Control Plan. 10

‘‘(3) STAFF.—The Director shall assign such 11

permanent staff of the Office as he considers appro-12

priate to assist the United States Interdiction Coor-13

dinator to carry out the responsibilities described in 14

paragraph (2), and may request that appropriate 15

National Drug Control Program Agencies detail or 16

assign staff to assist in carrying out such activities. 17

‘‘(4) NATIONAL INTERDICTION COMMAND AND 18

CONTROL PLAN.— 19

‘‘(A) PURPOSES.—The National Interdic-20

tion Command and Control Plan— 21

‘‘(i) shall set forth the Government’s 22

strategy for drug interdiction; 23

‘‘(ii) shall state the specific roles and 24

responsibilities of the relevant National 25


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Drug Control Program Agencies for imple-1

menting that strategy; 2

‘‘(iii) shall identify the specific re-3

sources required to enable the relevant Na-4

tional Drug Control Program Agencies to 5

implement that strategy; and 6

‘‘(iv) may include recommendations 7

about changes to existing agency authori-8

ties or laws governing interagency relation-9

ships. 10

‘‘(B) CONSULTATION WITH OTHER AGEN-11

CIES.—Before the submission of the National 12

Drug Control Strategy or annual supplement 13

required under section 1005(d), as applicable, 14

the United States Interdiction Coordinator shall 15

issue the National Interdiction Command and 16

Control Plan, in consultation with the other 17

members of the Interdiction Committee de-18

scribed in subsection (c). 19

‘‘(C) REPORT TO CONGRESS.—On or be-20

fore March 1 of each year, the Director, 21

through the United States Interdiction Coordi-22

nator, shall provide to the appropriate congres-23

sional committees, to the Committee on Armed 24

Services and the Committee on Homeland Secu-25


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rity of the House of Representatives, and to the 1

Committee on Homeland Security and Govern-2

mental Affairs and the Committee on Armed 3

Services of the Senate, a report that includes— 4

‘‘(i) a copy of that year’s National 5

Interdiction Command and Control Plan; 6

‘‘(ii) information for the previous 10 7

years regarding the number and type of 8

seizures of drugs by each National Drug 9

Control Program Agency conducting drug 10

interdiction activities and statistical infor-11

mation on the geographic areas of such 12

seizures; and 13

‘‘(iii) information for the previous 10 14

years regarding the number of air and 15

maritime patrol hours undertaken by each 16

National Drug Control Program Agency 17

conducting drug interdiction activities and 18

statistical information on the geographic 19

areas in which such patrol hours took 20

place. 21

‘‘(D) CLASSIFIED ANNEX.—The report 22

submitted pursuant to subparagraph (C) may 23

include a classified annex. 24

‘‘(b) INTERDICTION COMMITTEE.— 25


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‘‘(1) IN GENERAL.—The Interdiction Com-1

mittee shall meet to— 2

‘‘(A) discuss and resolve issues related to 3

the coordination, oversight, and integration of 4

international, border, and domestic drug inter-5

diction efforts in support of the National Drug 6

Control Strategy; 7

‘‘(B) review the annual National Interdic-8

tion Command and Control Plan, and provide 9

advice to the Director and the United States 10

Interdiction Coordinator concerning that plan; 11

and 12

‘‘(C) provide such other advice to the Di-13

rector concerning drug interdiction strategy and 14

policies as the committee determines is appro-15

priate. 16

‘‘(2) CHAIR.—The Director shall designate one 17

of the members of the Interdiction Committee to 18

serve as chair. 19

‘‘(3) MEETINGS.—The members of the Interdic-20

tion Committee shall meet, in person and not 21

through any delegate or representative, at least once 22

per calendar year, before March 1. At the call of the 23

Director or the chair, the Interdiction Committee 24

may hold additional meetings, which shall be at-25


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tended by the members in person, or through such 1

delegates or representatives as the members may 2

choose. 3

‘‘(4) REPORT.—Not later than September 30 of 4

each year, the chair of the Interdiction Committee 5

shall submit to the Director and to the appropriate 6

congressional committees a report describing the re-7

sults of the meetings and any significant findings of 8

the committee during the previous 12 months. Such 9

report may include a classified annex. 10

‘‘§ 1012. Treatment coordinator 11

‘‘(a) UNITED STATES TREATMENT COORDINATOR.— 12

‘‘(1) IN GENERAL.—The Director shall des-13

ignate or appoint a United States Treatment Coordi-14

nator to perform the responsibilities of that position 15

described in paragraph (2) and such other duties as 16

may be determined by the Director with respect to 17

coordination of efforts to expand the availability of 18

substance use disorder treatment with the goal of 19

eliminating the unmet treatment need. 20

‘‘(2) RESPONSIBILITIES.—The United States 21

Treatment Coordinator shall be responsible to the 22

Director for— 23

‘‘(A) coordinating the activities of the Na-24

tional Drug Control Program Agencies under-25


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taken to expand the availability of evidence- 1

based substance use disorder treatment to en-2

sure consistency with the National Drug Con-3

trol Strategy; 4

‘‘(B) on behalf of the Director, developing 5

and issuing, on or before March 1 of each year 6

and in accordance with paragraph (4), a Na-7

tional Treatment Plan to ensure the coordina-8

tion and consistency described in subparagraph 9

(A); 10

‘‘(C) assessing the sufficiency of Federal 11

resources directed to substance use disorder 12

treatment by the relevant National Drug Con-13

trol Program Agencies; 14

‘‘(D) encouraging the adoption by sub-15

stance use disorder treatment providers of evi-16

dence-based standards to guide all aspects of 17

treatment provided; and 18

‘‘(E) advising the Director on the efforts 19

of each National Drug Control Program Agency 20

to implement the National Treatment Plan. 21

‘‘(3) STAFF.—The Director shall assign such 22

permanent staff of the Office of the United States 23

Treatment Coordinator as the Director determines 24

to be appropriate to assist the United States Treat-25


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ment Coordinator to carry out the responsibilities 1

described in paragraph (2), and may request that 2

appropriate National Drug Control Program Agen-3

cies detail or assign staff to assist in carrying out 4

such responsibilities. 5

‘‘(4) NATIONAL TREATMENT PLAN.— 6

‘‘(A) PURPOSES.—The National Treatment 7

Plan— 8

‘‘(i) shall identify the unmet need for 9

treatment for evidence-based substance use 10

disorders including opioid use disorders, 11

and set forth the Government’s strategy 12

for closing the gap between available and 13

needed treatment; 14

‘‘(ii) shall describe the specific roles 15

and responsibilities of the relevant Na-16

tional Drug Control Program Agencies for 17

implementing that strategy; 18

‘‘(iii) shall identify the specific re-19

sources required to enable the relevant Na-20

tional Drug Control Program Agencies to 21

implement that strategy; 22

‘‘(iv) shall identify the resources, in-23

cluding private sources, required to elimi-24


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nate the unmet need for evidence-based 1

substance use disorder treatment; and 2

‘‘(v) may include recommendations 3

about changes to existing agency authori-4

ties or laws governing interagency relation-5

ships. 6

‘‘(B) CONSULTATION WITH OTHER AGEN-7

CIES.—Before the submission of the National 8

Treatment Strategy or annual supplement re-9

quired under section 1005(d), as applicable, the 10

United States Treatment Coordinator shall 11

issue the National Treatment Plan, in consulta-12

tion with the other members of the Interdiction 13

Committee described in subsection (b). 14

‘‘(C) REPORT TO CONGRESS.—On or be-15

fore March 1 of each year, the Director, 16

through the United States Treatment Coordi-17

nator, shall provide to the appropriate congres-18

sional committees a report that includes a copy 19

of that year’s National Treatment Plan; 20

‘‘(b) TREATMENT COMMITTEE.— 21

‘‘(1) IN GENERAL.—The Treatment Committee 22

shall meet to— 23


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‘‘(A) review and discuss the adequacy of 1

evidence-based substance use disorder treat-2

ment as well as the unmet need for treatment; 3

‘‘(B) review and discuss the status of the 4

implementation of the National Treatment 5

Plan; and 6

‘‘(C) provide such other advice to the Di-7

rector concerning substance use disorder treat-8

ment initiatives as the committee determines is 9

appropriate. 10

‘‘(2) CHAIR.—The Director shall designate one 11

of the members of the Treatment Committee to 12

serve as chair. 13

‘‘(3) MEETINGS.—The members of the Treat-14

ment Committee shall meet, in person and not 15

through any delegate or representative, at least once 16

per calendar year, before March 1. At the call of the 17

Director or the chair, the Treatment Committee may 18

hold additional meetings, which shall be attended by 19

the members in person, or through such delegates or 20

representatives as the members may choose. 21

‘‘(4) REPORT.—Not later than September 30 of 22

each year, the chair of the Treatment Committee 23

shall submit to the Director and to the appropriate 24

congressional committees a report describing the re-25


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sults of the meetings and any significant findings of 1

the committee during the previous 12 months. Such 2

report may include a classified annex. 3

‘‘§ 1013. Critical information coordination 4

‘‘(a) NATIONAL DRUG CONTROL FUSION CENTER.— 5

‘‘(1) ESTABLISHMENT.—The Director shall, in 6

consultation with the head of each National Drug 7

Control Program Agency, designate an agency to es-8

tablish a National Drug Control Fusion Center (re-9

ferred to in this section as the ‘Center’). The Center 10

shall operate under the authority of the Director and 11

shall work with the National Drug Control Program 12

Agencies to collect, compile, analyze, and facilitate 13

the sharing of data on the use of illicit drugs, treat-14

ment for substance use disorder, and interdiction of 15

illicit drugs. The Center shall be considered a ‘statis-16

tical agency or unit’, as that term is defined in sec-17

tion 502 of the Confidential Information Protection 18

and Statistical Efficiency Act of 2002 (44 U.S.C. 19

3501 note) and shall have the necessary independ-20

ence to ensure any data or information acquired by 21

an agency under a pledge of confidentiality and for 22

exclusively statistical purposes is used exclusively for 23

statistical purposes. 24


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‘‘(2) CENTER DIRECTOR.—There shall be at the 1

head of the Center a Center Director who shall be 2

appointed by the Director from among individuals 3

qualified and distinguished in data governance and 4

statistical analysis. 5

‘‘(3) DATA COMPILATION.—The Director, act-6

ing through the Center Director, shall do the fol-7

lowing: 8

‘‘(A) Coordinate data collection activities 9

among the National Drug Control Program 10

Agencies. 11

‘‘(B) Collect information not otherwise col-12

lected by National Drug Control Program 13

Agencies as necessary to inform the National 14


‘‘(C) Compile and analyze any data re-16

quired to be collected under this chapter. 17

‘‘(D) Disseminate technology, as appro-18

priate, to States and local jurisdictions to en-19

able or improve the collection of data on drug 20

use, including the recordation of the occurrence 21

of fatal and non-fatal drug overdoses. 22

‘‘(E) Compile information collected by Na-23

tional Drug Control Program Agencies on 24

grants issued through any National Drug Con-25


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trol Program, including for any grant the fol-1

lowing: 2

‘‘(i) The recipient. 3

‘‘(ii) The amount. 4

‘‘(iii) The intended purpose. 5

‘‘(iv) Any evidence of the efficacy of 6

the outcomes achieved by the program 7

funded through the grant. 8

‘‘(v) Any assessments of how the 9

grant met its intended purpose. 10

‘‘(4) TOXICOLOGY SCREENING.— 11

‘‘(A) ESTABLISHMENT.—The Center Di-12

rector may establish a toxicology screening pro-13

gram that engages in— 14

‘‘(i) secondary analysis of urine sam-15

ples that would otherwise be discarded 16

by— 17

‘‘(I) hospitals and drug treat-18

ment programs; 19

‘‘(II) correctional facilities, book-20

ing sites, probation programs, drug 21

courts, and related facilities; and 22

‘‘(III) coroners and medical ex-23

aminers; and 24


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‘‘(ii) analysis of other physical sam-1

ples, as determined by the Center Director 2

to be valuable for understanding the preva-3

lence of any illicit drug. 4

‘‘(B) DE-IDENTIFICATION OF INFORMA-5

TION.—The Center Director shall ensure that 6

no samples have any personally identifiable in-7

formation prior to collection. 8

‘‘(C) LIMITATION ON USE.—No data ob-9

tained from analysis conducted under this para-10

graph may be used as evidence in any pro-11

ceeding. 12

‘‘(D) STATE PROGRAM.—The Center Di-13

rector may establish a program that enables 14

States and local jurisdictions to submit up to 15

20 urine samples per year for toxicology anal-16

ysis for the purposes of identifying substances 17

present in individuals who have suffered fatal 18

drug overdoses. 19

‘‘(5) AUTHORITY TO CONTRACT.—The Director 20

may award contracts, enter into interagency agree-21

ments, manage individual projects, and conduct 22

other operational activities under this subsection. 23

‘‘(b) CRITICAL DRUG CONTROL INFORMATION AND 24

EVIDENCE PLAN.— 25


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‘‘(1) IN GENERAL.—Not later than the first 1

Monday in February of each year, the Director shall 2

submit to Congress a systematic plan for increasing 3

data collection to enable real-time surveillance of 4

drug control threats, developing analysis and moni-5

toring capabilities, and identifying and addressing 6

policy questions relevant to the National Drug Con-7

trol Policy, Strategy, and Program. Such plan shall 8

be made available on the public online portal of the 9

Office, shall cover at least a 4-year period beginning 10

with the first fiscal year following the fiscal year in 11

which the plan is submitted and published, and con-12

tain the following: 13

‘‘(A) A list of policy-relevant questions for 14

which the Director and each National Drug 15

Control Program Agency intends to develop evi-16

dence to support the National Drug Control 17

Program and Strategy. 18

‘‘(B) A list of data the Director and each 19

National Drug Control Program Agency intends 20

to collect, use, or acquire to facilitate the use of 21

evidence in drug control policymaking and mon-22

itoring. 23

‘‘(C) A list of methods and analytical ap-24

proaches that may be used to develop evidence 25


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to support the National Drug Control Program 1

and Strategy and related policy. 2

‘‘(D) A list of any challenges to developing 3

evidence to support policymaking, including any 4

barriers to accessing, collecting, or using rel-5

evant data. 6

‘‘(E) A description of the steps the Direc-7

tor and the head of each National Drug Control 8

Program Agency will take to effectuate the 9

plan. 10

‘‘(F) Any other relevant information as de-11

termined by the Director. 12

‘‘(2) CONSULTATION.—In developing the plan 13

required under paragraph (1), the Director shall 14

consult with the following: 15

‘‘(A) The public. 16

‘‘(B) Any evaluation or analysis units and 17

personnel of the Office. 18

‘‘(C) Office officials responsible for imple-19

menting privacy policy. 20

‘‘(D) Office officials responsible for data 21

governance. 22

‘‘(E) The appropriate congressional com-23

mittees. 24


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‘‘(F) Any other individual or entity as de-1


‘‘(c) EVIDENCE-BASED POLICY.— 3

‘‘(1) HARM REDUCTION PROGRAMS.—When de-4

veloping the national drug control policy, any policy 5

of the Director, including policies relating to syringe 6

exchange programs for intravenous drug users, shall 7

be based on the best available medical and scientific 8

evidence regarding the effectiveness of such policy in 9

promoting individual health, preventing the spread 10

of infectious disease and the impact of such policy 11

on drug addiction and use. In making any policy re-12

lating to harm reduction programs, the Director 13

shall consult with the National Institutes of Health 14

and the National Academy of Sciences. 15

‘‘(2) FUND RESTRICTION FOR THE LEGALIZA-16

TION OF CONTROLLED SUBSTANCES.—The Director 17

shall ensure that no Federal funds appropriated to 18

the Office shall be expended for any study or con-19

tract relating to the legalization (for a medical use 20

or any other use) for which a listing in schedule I 21

is in effect under section 202 of the Controlled Sub-22

stances Act (21 U.S.C. 812). 23

‘‘(d) DRUG CONTROL DATA DASHBOARD.— 24


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‘‘(1) ESTABLISHMENT.—The Director, in con-1

sultation with the Center Director, shall establish 2

and maintain a data dashboard on the online portal 3

of the Office to be known as the ‘Drug Control Data 4

Dashboard’. The Director shall ensure the user 5

interface of the dashboard is constructed with mod-6

ern design standards. To the extent practicable, the 7

data made available on the dashboard shall be pub-8

licly available in a machine-readable format and 9

searchable by year, agency, drug, and location. 10

‘‘(2) DATA.—The data included in the Drug 11

Control Data Dashboard shall be updated not less 12

frequently than quarterly and shall include, at a 13

minimum, the following: 14

‘‘(A) For each substance identified under 15

section 1005(c)(1)(A)(i)— 16

‘‘(i) the total amount seized and dis-17

rupted in the calendar year and each of 18

the previous 3 calendar years; 19

‘‘(ii) the known and estimated flows 20

into the United States from all sources in 21

the calendar year and each of the previous 22

3 calendar years; 23

‘‘(iii) the total amount of known flows 24

that could not be interdicted or disrupted 25


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in the calendar year and each of the pre-1

vious 3 calendar years; 2

‘‘(iv) the known and estimated levels 3

of domestic production in the calendar year 4

and each of the previous three calendar 5

years, including the levels of domestic pro-6

duction if the drug is a prescription drug, 7

as determined under the Federal Food, 8

Drug, and Cosmetic Act, for which a list-9

ing is in effect under section 202 of the 10

Controlled Substances Act (21 U.S.C. 11

812); and 12

‘‘(v) the average street price for the 13

calendar year and the highest known street 14

price during the preceding 10-year period. 15

‘‘(B) For the calendar year and each of the 16

previous three years data sufficient to show, 17

disaggregated by State and, to the extent fea-18

sible, by region within a State, county, or city, 19

the following: 20

‘‘(i) The number of fatal and non- 21

fatal overdoses caused by each drug identi-22

fied under subparagraph (A)(i). 23

‘‘(ii) The prevalence of substance use 24

disorders. 25


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‘‘(iii) The number of individuals who 1

have received substance use disorder treat-2

ment, including medication assisted treat-3

ment, for a substance use disorder, includ-4

ing treatment provided through publicly-fi-5

nanced health care programs. 6

‘‘(iv) The extent of the unmet need 7

for substance use disorder treatment, in-8

cluding the unmet need for medication-as-9

sisted treatment. 10

‘‘(C) Data sufficient to show the extent of 11

prescription drug diversion, trafficking, and 12

misuse in the calendar year and each of the 13

previous 3 calendar years. 14

‘‘(D) Any quantifiable measures the Direc-15

tor determines to be appropriate to detail 16

progress toward the achievement of the goals of 17

the National Drug Control Strategy. 18

‘‘(e) ACCESS TO INFORMATION.— 19

‘‘(1) IN GENERAL.—Upon the request of the 20

Director, the head of any National Drug Control 21

Program Agency shall cooperate with and provide to 22

the Director any statistics, studies, reports, and 23

other information prepared or collected by the agen-24

cy concerning the responsibilities of the agency 25


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under the National Drug Control Strategy that re-1

late to— 2

‘‘(A) drug control; or 3

‘‘(B) the manner in which amounts made 4

available to that agency for drug control are 5

being used by that agency. 6

‘‘(2) PROTECTION OF INTELLIGENCE INFORMA-7

TION.— 8

‘‘(A) IN GENERAL.—The authorities con-9

ferred on the Office and the Director by this 10

chapter shall be exercised in a manner con-11

sistent with provisions of the National Security 12

Act of 1947 (50 U.S.C. 401 et seq.). The Di-13

rector of National Intelligence shall prescribe 14

such regulations as may be necessary to protect 15

information provided pursuant to this chapter 16

regarding intelligence sources and methods. 17

‘‘(B) DUTIES OF DIRECTOR.—The Director 18

of National Intelligence and the Director of the 19

Central Intelligence Agency shall, to the max-20

imum extent practicable in accordance with 21

subparagraph (A), render full assistance and 22

support to the Office and the Director. 23

‘‘(3) REQUIRED REPORTS FROM NATIONAL 24

DRUG CONTROL AGENCIES.—The head of each Na-25


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tional Drug Control Program Agency shall submit to 1

the Director such information and reports as re-2

quested from such National Drug Control Program 3

Agency by the Director, which shall include from the 4

appropriate National Drug Control Program Agen-5

cies: 6

‘‘(A) Not later than July 1 of each year, 7

the head of a designated National Drug Control 8

Program Agency shall submit to the Director 9

and the appropriate congressional committees 10

an assessment of the quantity of illegal drug 11

cultivation and manufacturing in the United 12

States on lands owned or under the jurisdiction 13

of their respective agencies that was seized or 14

eradicated by their personnel during the pre-15

ceding calendar year. 16

‘‘(B) Not later than July 1 of each year, 17




information for the preceding year regarding— 21

‘‘(i) the number and type of seizures 22

of drugs by each component of the agency 23

seizing drugs, as well as statistical infor-24


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mation on the geographic areas of such 1

seizures; and 2

‘‘(ii) the number of air and maritime 3

patrol hours primarily dedicated to drug 4

supply reduction missions undertaken by 5

each component of the agency. 6

‘‘(C) Not later than July 1 of each year, 7




information for the preceding year regarding 11

the number of air and maritime patrol hours 12

primarily dedicated to drug supply reduction 13

missions undertaken by each component of the 14

agency. 15

‘‘(D) Not later than July 1 of each year, 16




information for the preceding year regarding 20

the number and type of— 21

‘‘(i) arrests for drug violations; 22

‘‘(ii) prosecutions for drug violations 23

by United States Attorneys; and 24


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‘‘(iii) seizures of drugs by each com-1

ponent of the Department of Justice seiz-2

ing drugs, as well as statistical information 3

on the geographic areas of such seizures. 4

‘‘(f) DATA EXCHANGE STANDARDS FOR IMPROVED 5

INTEROPERABILITY.— 6

‘‘(1) INTERAGENCY AND INTERGOVERNMENTAL 7

DESIGNATION AND USE OF DATA EXCHANGE STAND-8

ARDS WORKING GROUP.—The Director shall estab-9

lish a working group of National Drug Control Pro-10

gram Agencies, State, local and Tribal government 11

health and law enforcement agencies, and data gov-12

ernance experts to develop consensus data exchange 13

standards for necessary categories of information 14

that allow effective electronic exchange of informa-15

tion between States, between State agencies, be-16

tween States and National Drug Control Program 17

Agencies, and any other drug control relevant data 18

exchange. 19

‘‘(2) DATA EXCHANGE STANDARDS MUST BE 20

NONPROPRIETARY AND INTEROPERABLE.—The data 21

exchange standards designated under paragraph (1) 22

shall, to the extent practicable, be nonproprietary 23

and interoperable. 24


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‘‘(3) OTHER REQUIREMENTS.—In designating 1

data exchange standards under this subsection, the 2

working group shall, to the extent practicable, incor-3

porate— 4

‘‘(A) interoperable standards developed 5

and maintained by an international voluntary 6

consensus standards body, as defined by the Of-7

fice of Management and Budget; 8

‘‘(B) interoperable standards developed 9

and maintained by intergovernmental partner-10

ships; and 11

‘‘(C) interoperable standards developed 12

and maintained by Federal entities with author-13

ity over contracting and financial assistance. 14

‘‘(4) DATA EXCHANGE STANDARDS FOR FED-15

ERAL REPORTING.— 16

‘‘(A) DESIGNATION.—The Director may, in 17

consultation with the working group established 18

under this section, National Drug Control Pro-19

gram Agencies, and State, local, and Tribal 20

governments, designate data exchange stand-21

ards to govern Federal reporting and exchange 22

requirements for National Drug Control Pro-23

grams, as appropriate. 24


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‘‘(B) REQUIREMENTS.—The data exchange 1

reporting standards required by subparagraph 2

(A) shall, to the extent practicable— 3

‘‘(i) incorporate a widely accepted, 4

nonproprietary, searchable, machine-read-5

able format; 6

‘‘(ii) be consistent with and implement 7

applicable accounting principles; 8

‘‘(iii) be implemented in a manner 9

that is cost-effective and improves program 10

efficiency and effectiveness; and 11

‘‘(iv) be capable of being continually 12

upgraded as necessary. 13

‘‘(C) INCORPORATION OF NONPROPRI-14

ETARY STANDARDS.—In designating data ex-15

change standards under this paragraph, the Di-16

rector shall, to the extent practicable, incor-17

porate existing nonproprietary standards. 18

‘‘(D) RULE OF CONSTRUCTION.—Nothing 19

in this paragraph shall be construed to require 20

a change to existing data exchange standards 21

for Federal reporting about a program referred 22

to in this section, if the head of the agency re-23

sponsible for administering the program finds 24

the standards to be effective and efficient. 25


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‘‘(5) TERMINATION.—The working group estab-1

lished under paragraph (1) shall terminate not ear-2

lier than 60 days after the public notification of ter-3

mination by the Director. 4

‘‘(g) ANNUAL DATA COLLECTION AND DISSEMINA-5

TION REQUIREMENTS.— 6

‘‘(1) IN GENERAL.—The Director shall collect 7

and disseminate, as appropriate, such information as 8

the Director determines is appropriate, but not less 9

than the information described in this subsection. To 10

the extent practicable, the data shall be publicly 11

available in a machine-readable format on the Drug 12

Control Data Dashboard, be searchable by year, 13

agency, drug, and location, and cover not less than 14

the previous 10-year period. 15

‘‘(2) PREPARATION AND DISSEMINATION OF IN-16

FORMATION.—The Director shall prepare and dis-17

seminate the following: 18

‘‘(A) An assessment of current illicit drug 19

use (including inhalants and steroids) and avail-20

ability, impact of illicit drug use, and treatment 21

availability, which assessment shall include— 22

‘‘(i) estimates of drug prevalence and 23

frequency of use as measured by national, 24

State, and local surveys of illicit drug use 25


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and by other special studies of non-1

dependent and dependent illicit drug use; 2

‘‘(ii) illicit drug use in the workplace 3

and the productivity lost by such use; and 4

‘‘(iii) illicit drug use by arrestees, pro-5

bationers, and parolees. 6

‘‘(B) An assessment of the reduction of il-7

licit drug availability, for each drug identified 8

under section 1005(c)(1)(A)(i), as measured 9

by— 10

‘‘(i) the quantities of such drug avail-11

able for consumption in the United States; 12

‘‘(ii) the amount of such drug enter-13

ing the United States; 14

‘‘(iii) the number of illicit drug manu-15

facturing laboratories seized and destroyed 16

of each relevant drug and the number of 17

hectares cultivated and destroyed domesti-18

cally and in other countries of each rel-19

evant drug; 20

‘‘(iv) the number of metric tons of 21

such drug seized; and 22

‘‘(v) changes in the price and purity 23

of such drug. 24


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‘‘(C) An assessment of the reduction of the 1

consequences of illicit drug use and availability, 2

which shall include— 3

‘‘(i) the cost of treating substance use 4

disorder in the United States, such as the 5

quantity of illicit drug-related services pro-6

vided; 7

‘‘(ii) the annual national health care 8

cost of illicit drug use; and 9

‘‘(iii) the extent of illicit drug-related 10

crime and criminal activity. 11

‘‘(D) A determination of the status of drug 12

treatment in the United States, by assessing— 13

‘‘(i) public and private treatment utili-14

zation; and 15

‘‘(ii) the number of illicit drug users 16

the Director estimates meet diagnostic cri-17

teria for treatment. 18

‘‘(E) A summary of the efforts made to co-19

ordinate with private sector entities to conduct 20

private research and development of medica-21

tions to treat addiction by— 22

‘‘(i) screening chemicals for potential 23

therapeutic value; 24

‘‘(ii) developing promising compounds; 25


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‘‘(iii) conducting clinical trials; 1

‘‘(iv) seeking Food and Drug Admin-2

istration approval for drugs to treat addic-3

tion; 4

‘‘(v) marketing the drug for the treat-5

ment of addiction; 6

‘‘(vi) urging physicians to use the 7

drug in the treatment of addiction; and 8

‘‘(vii) encouraging insurance compa-9

nies to reimburse the cost of the drug for 10

the treatment of addiction. 11

‘‘§ 1014. Authorization of appropriations 12

‘‘There are authorized to be appropriated to carry out 13

this chapter, except as otherwise specified, to remain avail-14

able until expended, $18,400,000 for each of fiscal years 15

2019 through 2023. 16

‘‘SUBCHAPTER II—HIGH INTENSITY DRUG 17

TRAFFICKING AREAS PROGRAM 18

‘‘§ 1021. High intensity drug trafficking areas pro-19

gram 20

‘‘(a) ESTABLISHMENT.— 21

‘‘(1) IN GENERAL.—There is established in the 22

Office a program to be known as the High Intensity 23

Drug Trafficking Areas Program (in this section re-24

ferred to as the ‘Program’). 25


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‘‘(2) PURPOSE.—The purpose of the Program 1

is to reduce drug trafficking and drug production in 2

the United States by— 3

‘‘(A) facilitating cooperation among Fed-4

eral, State, local, and Tribal law enforcement 5

agencies to share information and implement 6

coordinated enforcement activities; 7

‘‘(B) enhancing law enforcement intel-8

ligence sharing among Federal, State, local, and 9

Tribal law enforcement agencies; 10

‘‘(C) providing reliable law enforcement in-11

telligence to law enforcement agencies needed to 12

design effective enforcement strategies and op-13

erations; and 14

‘‘(D) supporting coordinated law enforce-15

ment strategies which maximize use of available 16

resources to reduce the supply of illegal drugs 17

in designated areas and in the United States as 18

a whole. 19

‘‘(b) DESIGNATION.— 20

‘‘(1) IN GENERAL.—The Director, in consulta-21

tion with the Attorney General, the Secretary of the 22

Treasury, the Secretary of Homeland Security, 23

heads of the National Drug Control Program Agen-24

cies, and the Governor of each applicable State, may 25


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designate any specified area of the United States as 1

a high intensity drug trafficking area. 2

‘‘(2) ACTIVITIES.—After making a designation 3

under paragraph (1) and in order to provide Federal 4

assistance to the area so designated, the Director 5

may— 6

‘‘(A) obligate such sums as are appro-7

priated for the Program; 8

‘‘(B) direct the temporary reassignment of 9

Federal personnel to such area, subject to the 10

approval of the head of the agency that employs 11

such personnel; 12

‘‘(C) take any other action authorized 13

under this chapter to provide increased Federal 14

assistance to those areas; and 15

‘‘(D) coordinate activities under this sec-16

tion (specifically administrative, recordkeeping, 17

and funds management activities) with State, 18

local, and Tribal officials. 19

‘‘(c) PETITIONS FOR DESIGNATION.—The Director 20

shall establish and maintain regulations under which a co-21

alition of interested law enforcement agencies from an 22

area may petition for designation as a high intensity drug 23

trafficking area (in this section referred to as the 24

‘HIDTA’). Such regulations shall provide for a regular re-25


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view by the Director of the petition, including a rec-1

ommendation regarding the merit of the petition to the 2

Director by a panel of qualified, independent experts. 3

‘‘(d) FACTORS FOR CONSIDERATION.—In considering 4

whether to designate an area under this section as a high 5

intensity drug trafficking area, the Director shall consider, 6

in addition to such other criteria as the Director considers 7

to be appropriate, the extent to which— 8

‘‘(1) the area is a significant center of illegal 9

drug production, manufacturing, importation, or dis-10

tribution; 11

‘‘(2) State, local, and Tribal law enforcement 12

agencies have committed resources to respond to the 13

drug trafficking problem in the area, thereby indi-14

cating a determination to respond aggressively to the 15

problem; 16

‘‘(3) drug-related activities in the area are hav-17

ing a significant harmful impact in the area, and in 18

other areas of the country; and 19

‘‘(4) a significant increase in allocation of Fed-20

eral resources is necessary to respond adequately to 21

drug-related activities in the area. 22

‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG 23

TRAFFICKING AREAS.— 24


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‘‘(1) EXECUTIVE BOARD AND OFFICERS.—To 1

be eligible for funds appropriated under this section, 2

each high intensity drug trafficking area shall be 3

governed by an Executive Board. The Executive 4

Board shall designate a chairman, vice chairman, 5

and any other officers to the Executive Board that 6

it determines are necessary. 7

‘‘(2) RESPONSIBILITIES.—The Executive Board 8

of a high intensity drug trafficking area shall be re-9

sponsible for— 10

‘‘(A) providing direction and oversight in 11

establishing and achieving the goals of the high 12

intensity drug trafficking area; 13

‘‘(B) managing the funds of the high in-14

tensity drug trafficking area; 15

‘‘(C) reviewing and approving all funding 16

proposals consistent with the overall objective of 17

the high intensity drug trafficking area; and 18

‘‘(D) reviewing and approving all reports 19

to the Director on the activities of the high in-20

tensity drug trafficking area. 21

‘‘(3) BOARD REPRESENTATION.—None of the 22

funds appropriated under this section may be ex-23

pended for any high intensity drug trafficking area, 24

or for a partnership or region of a high intensity 25


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drug trafficking area, if the Executive Board for 1

such area, region, or partnership, does not apportion 2

an equal number of votes between representatives of 3

participating agencies and representatives of partici-4

pating State, local, and Tribal agencies. Where it is 5

impractical for an equal number of representatives 6

of agencies and State, local, and Tribal agencies to 7

attend a meeting of an Executive Board in person, 8

the Executive Board may use a system of proxy 9

votes or weighted votes to achieve the voting balance 10

required by this paragraph. 11

‘‘(4) NO AGENCY RELATIONSHIP.—The eligi-12

bility requirements of this section are intended to 13

ensure the responsible use of Federal funds. Nothing 14

in this section is intended to create an agency rela-15

tionship between individual high intensity drug traf-16

ficking areas and the Federal Government. 17

‘‘(f) USE OF FUNDS.—The Director shall ensure that 18

not more than 5 percent of Federal funds appropriated 19

for the Program are expended for drug treatment pro-20

grams and not more than 5 percent of the Federal funds 21

appropriated for the Program are expended for drug pre-22

vention programs. 23

‘‘(g) COUNTERTERRORISM ACTIVITIES.— 24


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‘‘(1) ASSISTANCE AUTHORIZED.—The Director 1

may authorize use of resources available for the Pro-2

gram to assist Federal, State, local, and Tribal law 3

enforcement agencies in investigations and activities 4

related to terrorism and prevention of terrorism, es-5

pecially but not exclusively with respect to such in-6

vestigations and activities that are also related to 7

drug trafficking. 8

‘‘(2) LIMITATION.—The Director shall ensure— 9

‘‘(A) that assistance provided under para-10

graph (1) remains incidental to the purpose of 11

the Program to reduce drug availability and 12

carry out drug-related law enforcement activi-13

ties; and 14

‘‘(B) that significant resources of the Pro-15

gram are not redirected to activities exclusively 16

related to terrorism, except on a temporary 17

basis under extraordinary circumstances, as de-18


‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA-20

TION.—The Director, in consultation with the Attorney 21

General, shall ensure that a representative of the Drug 22

Enforcement Administration is included in the Intelligence 23

Support Center for each high intensity drug trafficking 24

area. 25


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‘‘(i) EMERGING THREAT RESPONSE FUND.— 1

‘‘(1) IN GENERAL.—Subject to the availability 2

of appropriations, the Director may expend up to 10 3

percent of the amounts appropriated under this sec-4

tion on a discretionary basis, in accordance with the 5

criteria established under paragraph (2)— 6

‘‘(A) to respond to any emerging drug traf-7

ficking threat in an existing high intensity drug 8

trafficking area; 9

‘‘(B) to establish a new high intensity drug 10

trafficking area; or 11

‘‘(C) to expand an existing high intensity 12

drug trafficking area. 13

‘‘(2) CONSIDERATION OF IMPACT.—In allo-14

cating funds under this subsection, the Director 15

shall consider— 16

‘‘(A) the impact of activities funded on re-17

ducing overall drug traffic in the United States, 18

or minimizing the probability that an emerging 19

drug trafficking threat will spread to other 20

areas of the United States; and 21

‘‘(B) such other criteria as the Director 22

considers appropriate. 23

‘‘(j) ANNUAL HIDTA PROGRAM BUDGET SUBMIS-24

SIONS.—As part of the documentation that supports the 25


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President’s annual budget request for the Office, the Di-1

rector shall submit to Congress a budget justification that 2

includes— 3

‘‘(1) the amount proposed for each HIDTA, 4

conditional upon a review by the Office of the re-5

quest submitted by such HIDTA and the perform-6

ance of such HIDTA, with supporting narrative de-7

scriptions and rationale for each request; 8

‘‘(2) a detailed justification that explains— 9

‘‘(A) the reasons for the proposed funding 10

level and how such funding level was deter-11

mined based on a current assessment of the 12

drug trafficking threat in each high intensity 13

drug trafficking area; 14

‘‘(B) how such funding will ensure that the 15

goals and objectives of each such area will be 16

achieved; and 17

‘‘(C) how such funding supports the Na-18

tional Drug Control Strategy; and 19

‘‘(3) the amount of HIDTA funds used to in-20

vestigate and prosecute organizations and individ-21

uals trafficking in each major illicit drug, as identi-22

fied by the Director, in the prior calendar year, and 23

a description of how those funds were used. 24


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‘‘(k) HIDTA ANNUAL EVALUATION REPORT.—As 1

part of each National Drug Control Evaluation assess-2

ment under section 1006, the Director shall include, for 3

each designated high intensity drug trafficking area, a re-4

port that— 5

‘‘(1) describes— 6

‘‘(A) the specific purposes for the high in-7

tensity drug trafficking area; and 8

‘‘(B) the specific long-term and short-term 9

goals and objectives for the high intensity drug 10

trafficking area; 11

‘‘(2) includes an evaluation of the performance 12

of the high intensity drug trafficking area in accom-13

plishing the specific long-term and short-term goals 14

and objectives identified under subparagraph (1)(B); 15

‘‘(3) assesses the number and operation of all 16

federally funded drug enforcement task forces within 17

such high intensity drug trafficking area; 18

‘‘(4) describes— 19

‘‘(A) each Federal, State, local, and Tribal 20

drug enforcement task force operating in such 21

high intensity drug trafficking area; 22

‘‘(B) how such task forces coordinate with 23

each other, with any high intensity drug traf-24

ficking area task force, and with investigations 25


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receiving funds from the Organized Crime and 1

Drug Enforcement Task Force; 2

‘‘(C) what steps, if any, each such task 3

force takes to share information regarding drug 4

trafficking and drug production with other fed-5

erally funded drug enforcement task forces in 6

the high intensity drug trafficking area; 7

‘‘(D) the role of the high intensity drug 8

trafficking area in coordinating the sharing of 9

such information among task forces; 10

‘‘(E) the nature and extent of cooperation 11

by each Federal, State, local, and Tribal partic-12

ipant in ensuring that such information is 13

shared among law enforcement agencies and 14

with the high intensity drug trafficking area; 15

‘‘(F) the nature and extent to which infor-16

mation sharing and enforcement activities are 17

coordinated with joint terrorism task forces in 18

the high intensity drug trafficking area; and 19

‘‘(G) any recommendations for measures 20

needed to ensure that task force resources are 21

utilized efficiently and effectively to reduce the 22

availability of illegal drugs in the high intensity 23

drug trafficking areas; and 24


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‘‘(5) in consultation with the Director of Na-1

tional Intelligence— 2

‘‘(A) evaluates existing and planned law 3

enforcement intelligence systems supported by 4

such high intensity drug trafficking area, or 5

utilized by task forces receiving any funding 6

under the Program, including the extent to 7

which such systems ensure access and avail-8

ability of law enforcement intelligence to Fed-9


agencies within the high intensity drug traf-11

ficking area and outside of such area; 12

‘‘(B) evaluates the extent to which Fed-13


agencies participating in each high intensity 15

drug trafficking area are sharing law enforce-16

ment intelligence information to assess current 17

drug trafficking threats and design appropriate 18

enforcement strategies; and 19

‘‘(C) identifies the measures needed to im-20

prove effective sharing of information and law 21

enforcement intelligence regarding drug traf-22

ficking and drug production among Federal, 23

State, local, and Tribal law enforcement partici-24

pating in a high intensity drug trafficking area, 25


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and between such agencies and similar agencies 1

outside the high intensity drug trafficking area. 2

‘‘(l) COORDINATION OF LAW ENFORCEMENT INTEL-3

LIGENCE SHARING WITH ORGANIZED CRIME DRUG EN-4

FORCEMENT TASK FORCE PROGRAM.— 5

‘‘(1) DRUG ENFORCEMENT INTELLIGENCE 6

SHARING.—The Director, in consultation with the 7

Attorney General, shall ensure that any drug en-8

forcement intelligence obtained by the Intelligence 9

Support Center for each high intensity drug traf-10

ficking area is shared, on a timely basis, with the 11

drug intelligence fusion center operated by the Orga-12

nized Crime Drug Enforcement Task Force of the 13

Department of Justice. 14

‘‘(2) CERTIFICATION.—Before the Director 15

awards any funds to a high intensity drug traf-16

ficking area, the Director shall certify that the law 17

enforcement entities participating in that HIDTA 18

are providing laboratory seizure data to the national 19

clandestine laboratory database at the El Paso Intel-20

ligence Center. 21

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 22

is authorized to be appropriated to the Office to carry out 23

this section $280,000,000 for each fiscal years 2019 24

through 2023. 25


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‘‘(n) SPECIFIC PURPOSES.— 1

‘‘(1) IN GENERAL.—The Director shall ensure 2

that, of the amounts appropriated for a fiscal year 3

for the Program, at least 2.5 percent is used in high 4

intensity drug trafficking areas with severe neigh-5

borhood safety and illegal drug distribution prob-6

lems. 7

‘‘(2) REQUIRED USES.—The funds used under 8

paragraph (1) shall be used to ensure the safety of 9

neighborhoods and the protection of communities, 10

including the prevention of the intimidation of wit-11

nesses of illegal drug distribution and related activi-12

ties and the establishment of or support for pro-13

grams that provide protection or assistance to wit-14

nesses in court proceedings. 15

‘‘(3) BEST PRACTICE MODELS.—The Director 16

shall work with the HIDTAs to develop and main-17

tain best practice models to assist State, local, and 18

Tribal governments in addressing witness safety, re-19

location, financial and housing assistance, or any 20

other services related to witness protection or assist-21

ance in cases of illegal drug distribution and related 22

activities. The Director shall ensure dissemination of 23

the best practice models to each HIDTA. 24


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‘‘SUBCHAPTER III—DRUG-FREE COMMUNITIES 1

SUPPORT PROGRAM 2

‘‘§ 1031. Establishment of drug-free communities sup-3

port program 4

‘‘(a) ESTABLISHMENT.—The Director shall establish 5

a program to support communities in the development and 6

implementation of comprehensive, long-term plans and 7

programs to prevent and treat substance use and misuse 8

among youth. 9

‘‘(b) PROGRAM.—In carrying out the Program, the 10

Director shall— 11

‘‘(1) make and track grants to grant recipients; 12

‘‘(2) provide for technical assistance and train-13

ing, data collection, and dissemination of informa-14

tion on state-of-the-art practices that the Director 15

determines to be effective in reducing substance use; 16

and 17

‘‘(3) provide for the general administration of 18

the Program. 19

‘‘(c) ADMINISTRATION.—The Director shall appoint 20

an Administrator to carry out the Program. 21

‘‘(d) CONTRACTING.—The Director may employ any 22

necessary staff and may enter into contracts or agree-23

ments with national drug control agencies, including inter-24

agency agreements, to delegate authority for the execution 25


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of grants and for such other activities necessary to carry 1

out this chapter. 2

‘‘§ 1032. Program authorization 3

‘‘(a) GRANT ELIGIBILITY.—To be eligible to receive 4

an initial grant or a renewal grant under this subchapter, 5

a coalition shall meet each of the following criteria: 6

‘‘(1) APPLICATION.—The coalition shall submit 7

an application to the Administrator in accordance 8

with section 1033(a)(2). 9

‘‘(2) MAJOR SECTOR INVOLVEMENT.— 10

‘‘(A) IN GENERAL.—The coalition shall 11

consist of one or more representatives of each 12

of the following categories: 13

‘‘(i) Youth. 14

‘‘(ii) Parents. 15

‘‘(iii) Businesses. 16

‘‘(iv) The media. 17

‘‘(v) Schools. 18

‘‘(vi) Organizations serving youth. 19

‘‘(vii) Law enforcement. 20

‘‘(viii) Religious or fraternal organiza-21

tions. 22

‘‘(ix) Civic and volunteer groups. 23

‘‘(x) Health care professionals. 24


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‘‘(xi) State, local, or tribal govern-1

mental agencies with expertise in the field 2

of substance use prevention or substance 3

use disorders (including, if applicable, the 4

State authority with primary authority for 5

substance use and misuse). 6

‘‘(xii) Other organizations involved in 7

reducing the prevalence of substance use 8

and misuse or substance use disorders. 9

‘‘(B) ELECTED OFFICIALS.—If feasible, in 10

addition to representatives from the categories 11

listed in subparagraph (A), the coalition shall 12

have an elected official (or a representative of 13

an elected official) from— 14

‘‘(i) the Federal Government; and 15

‘‘(ii) the government of the appro-16

priate State and political subdivision there-17

of or the governing body or an Indian tribe 18

(as that term is defined in section 4(e) of 19

the Indian Self-Determination Act (25 20

U.S.C. 450b(e))). 21

‘‘(C) REPRESENTATION.—An individual 22

who is a member of the coalition may serve on 23

the coalition as a representative of not more 24

than 1 category listed under subparagraph (A). 25


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‘‘(3) COMMITMENT.—The coalition shall dem-1

onstrate, to the satisfaction of the Administrator— 2

‘‘(A) that the representatives of the coali-3

tion have worked together on substance use and 4

misuse reduction initiatives, which, at a min-5

imum, includes initiatives that target drugs de-6

scribed in section 1037(6)(A), for a period of 7

not less than 6 months, acting through entities 8

such as task forces, subcommittees, or commu-9

nity boards; and 10

‘‘(B) substantial participation from volun-11

teer leaders in the community involved (espe-12

cially in cooperation with individuals involved 13

with youth such as parents, teachers, coaches, 14

youth workers, and members of the clergy). 15

‘‘(4) MISSION AND STRATEGIES.—The coalition 16

shall, with respect to the community involved— 17

‘‘(A) have as its principal mission the re-18

duction of illegal drug use, which, at a min-19

imum, includes the use of illegal drugs de-20

scribed in section 1037(6)(A), in a comprehen-21

sive and long-term manner, with a primary 22

focus on youth in the community; 23

‘‘(B) describe and document the nature 24

and extent of the substance use and misuse 25


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problem, which, at a minimum, includes the use 1

and misuse of drugs described in section 2

1037(6)(A), in the community; 3

‘‘(C)(i) provide a description of substance 4

use and misuse prevention and treatment pro-5

grams and activities, which, at a minimum, in-6

cludes programs and activities relating to the 7

use and misuse of drugs described in section 8

1037(6)(A), in existence at the time of the 9

grant application; and 10

‘‘(ii) identify substance use and misuse 11

programs and service gaps, which, at a min-12

imum, includes programs and gaps relating to 13

the use and misuse of drugs described in sec-14

tion 1037(6)(A), in the community; 15

‘‘(D) develop a strategic plan to reduce 16

substance use and misuse among youth, which, 17

at a minimum, includes the use and misuse of 18

drugs described in section 1037(6)(A), in a 19

comprehensive and long-term fashion; and 20

‘‘(E) work to develop a consensus regard-21

ing the priorities of the community to combat 22

substance use and misuse among youth, which, 23

at a minimum, includes the use and misuse of 24

drugs described in section 1037(6)(A). 25


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‘‘(5) SUSTAINABILITY.—The coalition shall 1

demonstrate that the coalition is an ongoing concern 2

by demonstrating that the coalition— 3

‘‘(A) is— 4

‘‘(i)(I) a nonprofit organization; or 5

‘‘(II) an entity that the Administrator 6

determines to be appropriate; or 7

‘‘(ii) part of, or is associated with, an 8

established legal entity; 9

‘‘(B) receives financial support (including, 10

in the discretion of the Administrator, in-kind 11

contributions) from non-Federal sources; and 12

‘‘(C) has a strategy to solicit substantial fi-13

nancial support from non-Federal sources to en-14

sure that the coalition and the programs oper-15

ated by the coalition are self-sustaining. 16

‘‘(6) ACCOUNTABILITY.—The coalition shall— 17

‘‘(A) establish a system to measure and re-18

port outcomes— 19

‘‘(i) consistent with common indica-20

tors and evaluation protocols established 21

by the Administrator; and 22

‘‘(ii) approved by the Administrator; 23

‘‘(B) conduct— 24


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‘‘(i) for an initial grant under this 1

subchapter, an initial benchmark survey of 2

drug use among youth (or use local sur-3

veys or performance measures available or 4

accessible in the community at the time of 5

the grant application); and 6

‘‘(ii) biennial surveys (or incorporate 7

local surveys in existence at the time of the 8

evaluation) to measure the progress and 9

effectiveness of the coalition; and 10

‘‘(C) provide assurances that the entity 11

conducting an evaluation under this paragraph, 12

or from which the coalition receives informa-13

tion, has experience— 14

‘‘(i) in gathering data related to sub-15

stance use and misuse among youth; or 16

‘‘(ii) in evaluating the effectiveness of 17

community anti-drug coalitions. 18

‘‘(7) ADDITIONAL CRITERIA.—The Director 19

shall not impose any eligibility criteria on new appli-20

cants or renewal grantees not provided in this chap-21

ter. 22

‘‘(b) GRANT AMOUNTS.— 23

‘‘(1) IN GENERAL.— 24

‘‘(A) GRANTS.— 25


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‘‘(i) IN GENERAL.—Subject to clause 1

(iv), for a fiscal year, the Administrator 2

may grant to an eligible coalition under 3

this paragraph, an amount not to exceed 4

the amount of non-Federal funds raised by 5

the coalition, including in-kind contribu-6

tions, for that fiscal year. 7

‘‘(ii) SUSPENSION OF GRANTS.—If 8

such grant recipient fails to continue to 9

meet the criteria specified in subsection 10

(a), the Administrator may suspend the 11

grant, after providing written notice to the 12

grant recipient and an opportunity to ap-13

peal. 14

‘‘(iii) RENEWAL GRANTS.—Subject to 15

clause (iv), the Administrator may award a 16

renewal grant to a grant recipient under 17

this subparagraph for each fiscal year fol-18

lowing the fiscal year for which an initial 19

grant is awarded, in an amount not to ex-20

ceed the amount of non-Federal funds 21

raised by the coalition, including in-kind 22

contributions, for that fiscal year, during 23

the 4-year period following the period of 24

the initial grant. 25


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‘‘(iv) LIMITATION.—The amount of a 1

grant award under this subparagraph may 2

not exceed $125,000 for a fiscal year. 3

‘‘(B) COALITION AWARDS.— 4

‘‘(i) IN GENERAL.—Except as pro-5

vided in clause (ii), the Administrator may, 6

with respect to a community, make a grant 7

to 1 eligible coalition that represents that 8

community. 9

‘‘(ii) EXCEPTION.—The Administrator 10

may make a grant to more than 1 eligible 11

coalition that represents a community if— 12

‘‘(I) the eligible coalitions dem-13

onstrate that the coalitions are col-14

laborating with one another; and 15

‘‘(II) each of the coalitions has 16

independently met the requirements 17

set forth in subsection (a). 18

‘‘(2) RURAL COALITION GRANTS.— 19

‘‘(A) IN GENERAL.— 20

‘‘(i) IN GENERAL.—In addition to 21

awarding grants under paragraph (1), to 22

stimulate the development of coalitions in 23

sparsely populated and rural areas, the 24

Administrator may award a grant in ac-25


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cordance with this section to a coalition 1

that represents a county with a population 2

that does not exceed 30,000 individuals. In 3

awarding a grant under this paragraph, 4

the Administrator may waive any require-5

ment under subsection (a) if the Adminis-6

trator considers that waiver to be appro-7

priate. 8

‘‘(ii) MATCHING REQUIREMENT.— 9

Subject to subparagraph (C), for a fiscal 10

year, the Administrator may grant to an 11

eligible coalition under this paragraph, an 12

amount not to exceed the amount of non- 13

Federal funds raised by the coalition, in-14

cluding in-kind contributions, for that fis-15

cal year. 16

‘‘(iii) SUSPENSION OF GRANTS.—If 17

such grant recipient fails to continue to 18

meet any criteria specified in subsection 19

(a) that has not been waived by the Ad-20

ministrator pursuant to clause (i), the Ad-21

ministrator may suspend the grant, after 22

providing written notice to the grant re-23

cipient and an opportunity to appeal. 24


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‘‘(B) RENEWAL GRANTS.—The Adminis-1

trator may award a renewal grant to an eligible 2

coalition that is a grant recipient under this 3

paragraph for each fiscal year following the fis-4

cal year for which an initial grant is awarded, 5

in an amount not to exceed the amount of non- 6

Federal funds raised by the coalition, including 7

in-kind contributions, during the 4-year period 8

following the period of the initial grant. 9

‘‘(C) LIMITATIONS.— 10

‘‘(i) AMOUNT.—The amount of a 11

grant award under this paragraph shall 12

not exceed $125,000 for a fiscal year. 13

‘‘(ii) AWARDS.—With respect to a 14

county referred to in subparagraph (A), 15

the Administrator may award a grant 16

under this section to not more than 1 eligi-17

ble coalition that represents the county. 18

‘‘(3) ADDITIONAL GRANTS.— 19

‘‘(A) IN GENERAL.—Subject to subpara-20

graph (F), the Administrator may award an ad-21

ditional grant under this paragraph to an eligi-22

ble coalition awarded a grant under paragraph 23

(1) or (2) for any first fiscal year after the end 24

of the 4-year period following the period of the 25


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initial grant under paragraph (1) or (2), as the 1

case may be. 2

‘‘(B) SCOPE OF GRANTS.—A coalition 3

awarded a grant under paragraph (1) or (2), 4

including a renewal grant under such para-5

graph, may not be awarded another grant 6

under such paragraph, and is eligible for an ad-7

ditional grant under this section only under this 8

paragraph. 9

‘‘(C) NO PRIORITY FOR APPLICATIONS.— 10

The Administrator may not afford a higher pri-11

ority in the award of an additional grant under 12

this paragraph than the Administrator would 13

afford the applicant for the grant if the appli-14

cant were submitting an application for an ini-15

tial grant under paragraph (1) or (2) rather 16

than an application for a grant under this para-17

graph. 18

‘‘(D) RENEWAL GRANTS.—Subject to sub-19

paragraph (F), the Administrator may award a 20

renewal grant to a grant recipient under this 21

paragraph for each of the fiscal years of the 4- 22

fiscal-year period following the fiscal year for 23

which the initial additional grant under sub-24


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paragraph (A) is awarded in an amount not to 1

exceed amounts as follows: 2

‘‘(i) For the first and second fiscal 3

years of that 4-fiscal-year period, the 4

amount equal to 80 percent of the non- 5

Federal funds, including in-kind contribu-6

tions, raised by the coalition for the appli-7

cable fiscal year. 8

‘‘(ii) For the third and fourth fiscal 9

years of that 4-fiscal-year period, the 10

amount equal to 67 percent of the non- 11

Federal funds, including in-kind contribu-12

tions, raised by the coalition for the appli-13

cable fiscal year. 14

‘‘(E) SUSPENSION.—If a grant recipient 15

under this paragraph fails to continue to meet 16

the criteria specified in subsection (a), the Ad-17

ministrator may suspend the grant, after pro-18

viding written notice to the grant recipient and 19

an opportunity to appeal. 20

‘‘(F) LIMITATION.—The amount of a grant 21

award under this paragraph may not exceed 22

$125,000 for a fiscal year. 23

‘‘(4) PROCESS FOR SUSPENSION.—A grantee 24

shall not be suspended or terminated under para-25


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graph (1)(A)(ii), (2)(A)(iii), or (3)(C) unless that 1

grantee is afforded a fair, timely, and independent 2

appeal prior to such suspension or termination. 3

‘‘(c) TREATMENT OF FUNDS FOR COALITIONS REP-4

RESENTING CERTAIN ORGANIZATIONS.—Funds appro-5

priated for the substance use and misuse activities of a 6

coalition that includes a representative of the Bureau of 7

Indian Affairs, the Indian Health Service, or a tribal gov-8

ernment agency with expertise in the field of substance 9

use prevention may be counted as non-Federal funds 10

raised by the coalition for purposes of this section. 11

‘‘(d) PRIORITY IN AWARDING GRANTS.—In awarding 12

grants under subsection (b)(1)(A)(i), priority shall be 13

given to a coalition serving economically disadvantaged 14

areas. 15

‘‘§ 1033. Information collection and dissemination 16

with respect to grant recipients 17

‘‘(a) COALITION INFORMATION.— 18

‘‘(1) GENERAL AUDITING AUTHORITY.—For the 19

purpose of audit and examination, the Adminis-20

trator— 21

‘‘(A) shall have access to any books, docu-22

ments, papers, and records that are pertinent to 23

any grant or grant renewal request under this 24

chapter; and 25


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‘‘(B) may periodically request information 1

from a grant recipient to ensure that the grant 2

recipient meets the applicable criteria under 3

section 1032(a). 4

‘‘(2) APPLICATION PROCESS.—The Adminis-5

trator shall issue a request for proposal regarding, 6

with respect to the grants awarded under section 7

1032, the application process, grant renewal, and 8

suspension or withholding of renewal grants. Each 9

application under this paragraph shall be in writing 10

and shall be subject to review by the Administrator. 11

‘‘(3) REPORTING.—The Administrator shall, to 12

the maximum extent practicable and in a manner 13

consistent with applicable law, minimize reporting 14

requirements by a grant recipient and expedite any 15

application for a renewal grant made under this sub-16

chapter. 17

‘‘(b) DATA COLLECTION AND DISSEMINATION.— 18

‘‘(1) IN GENERAL.—The Administrator may 19

collect data from— 20

‘‘(A) national substance use and misuse or-21

ganizations that work with eligible coalitions, 22

community anti-drug coalitions, departments or 23

agencies of the Federal Government, or State 24


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or local governments and the governing bodies 1

of Indian tribes; and 2

‘‘(B) any other entity or organization that 3

carries out activities that relate to the purposes 4

of the Program. 5

‘‘(2) ACTIVITIES OF ADMINISTRATOR.—The Ad-6

ministrator may— 7

‘‘(A) evaluate the utility of specific initia-8

tives relating to the purposes of the Program; 9

‘‘(B) conduct an evaluation of the Pro-10

gram; and 11

‘‘(C) disseminate information described in 12

this subsection to— 13

‘‘(i) eligible coalitions and other sub-14

stance use prevention organizations; and 15

‘‘(ii) the general public. 16

‘‘(3) CONSULTATION.—The Administrator shall 17

carry out activities under this subsection in consulta-18

tion with the National Community Antidrug Coali-19

tion Institute. 20

‘‘(4) LIMITATION ON USE OF CERTAIN FUNDS 21

FOR EVALUATION OF PROGRAM.—Amounts for ac-22

tivities under paragraph (2)(B) may not be derived 23

from amounts under section 1038(a) except for 24


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amounts that are available under section 1038(b) for 1

administrative costs. 2

‘‘§ 1034. Technical assistance and training 3

‘‘(a) IN GENERAL.— 4

‘‘(1) TECHNICAL ASSISTANCE AND AGREE-5

MENTS.—With respect to any grant recipient or 6

other organization, the Administrator may— 7

‘‘(A) offer technical assistance and train-8

ing; and 9

‘‘(B) enter into contracts and cooperative 10

agreements. 11

‘‘(2) COORDINATION OF PROGRAMS.—The Ad-12

ministrator may facilitate the coordination of pro-13

grams between a grant recipient and other organiza-14

tions and entities. 15

‘‘(b) TRAINING.—The Administrator may provide 16

training to any representative designated by a grant re-17

cipient in— 18

‘‘(1) coalition building; 19

‘‘(2) task force development; 20

‘‘(3) mediation and facilitation, direct service, 21

assessment and evaluation; or 22

‘‘(4) any other activity related to the purposes 23

of the Program. 24


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‘‘§ 1035. Supplemental grants for coalition mentoring 1

activities 2

‘‘(a) AUTHORITY TO MAKE GRANTS.—As part of the 3

program established under section 1031, the Director may 4

award an initial grant under this subsection, and renewal 5

grants under subsection (f), to any coalition awarded a 6

grant under section 1032 that meets the criteria specified 7

in subsection (d) in order to fund coalition mentoring ac-8

tivities by such coalition in support of the program. 9

‘‘(b) TREATMENT WITH OTHER GRANTS.— 10

‘‘(1) SUPPLEMENT.—A grant awarded to a coa-11

lition under this section is in addition to any grant 12

awarded to the coalition under section 1032. 13

‘‘(2) REQUIREMENT FOR BASIC GRANT.—A coa-14

lition may not be awarded a grant under this section 15

for a fiscal year unless the coalition was awarded a 16

grant or renewal grant under section 1032(b) for 17

that fiscal year. 18

‘‘(c) APPLICATION.—A coalition seeking a grant 19

under this section shall submit to the Administrator an 20

application for the grant in such form and manner as the 21

Administrator may require. 22

‘‘(d) CRITERIA.—A coalition meets the criteria speci-23

fied in this subsection if the coalition— 24

‘‘(1) has been in existence for at least 5 years; 25


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‘‘(2) has achieved, by or through its own ef-1

forts, measurable results in the prevention and treat-2

ment of substance use and misuse among youth; 3

‘‘(3) has staff or members willing to serve as 4

mentors for persons seeking to start or expand the 5

activities of other coalitions in the prevention and 6

treatment of substance use and misuse; 7

‘‘(4) has demonstrable support from some mem-8

bers of the community in which the coalition men-9

toring activities to be supported by the grant under 10

this section are to be carried out; and 11

‘‘(5) submits to the Administrator a detailed 12

plan for the coalition mentoring activities to be sup-13

ported by the grant under this section. 14

‘‘(e) USE OF GRANT FUNDS.—A coalition awarded 15

a grant under this section shall use the grant amount for 16

mentoring activities to support and encourage the develop-17

ment of new, self-supporting community coalitions that 18

are focused on the prevention and treatment of substance 19

use and misuse in such new coalitions’ communities. The 20

mentoring coalition shall encourage such development in 21

accordance with the plan submitted by the mentoring coa-22

lition under subsection (d)(5). 23

‘‘(f) RENEWAL GRANTS.—The Administrator may 24

make a renewal grant to any coalition awarded a grant 25


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under subsection (a), or a previous renewal grant under 1

this subsection, if the coalition, at the time of application 2

for such renewal grant— 3

‘‘(1) continues to meet the criteria specified in 4

subsection (d); and 5

‘‘(2) has made demonstrable progress in the de-6

velopment of one or more new, self-supporting com-7

munity coalitions that are focused on the prevention 8

and treatment of substance use and misuse. 9

‘‘(g) GRANT AMOUNTS.— 10

‘‘(1) IN GENERAL.—Subject to paragraphs (2) 11

and (3), the total amount of grants awarded to a co-12

alition under this section for a fiscal year may not 13

exceed the amount of non-Federal funds raised by 14

the coalition, including in-kind contributions, for 15

that fiscal year. Funds appropriated for the sub-16

stance use and misuse activities of a coalition that 17

includes a representative of the Bureau of Indian 18

Affairs, the Indian Health Service, or a tribal gov-19

ernment agency with expertise in the field of sub-20

stance use prevention may be counted as non-Fed-21

eral funds raised by the coalition. 22

‘‘(2) INITIAL GRANTS.—The amount of the ini-23

tial grant awarded to a coalition under subsection 24

(a) may not exceed $75,000. 25


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‘‘(3) RENEWAL GRANTS.—The total amount of 1

renewal grants awarded to a coalition under sub-2

section (f) for any fiscal year may not exceed 3

$75,000. 4

‘‘(h) FISCAL YEAR LIMITATION ON AMOUNT AVAIL-5

ABLE FOR GRANTS.—The total amount available for 6

grants under this section, including renewal grants under 7

subsection (f), in any fiscal year may not exceed the 8

amount equal to five percent of the amount authorized to 9

be appropriated by section 1038 for that fiscal year. 10

‘‘(i) PRIORITY IN AWARDING INITIAL GRANTS.—In 11

awarding initial grants under this section, priority shall 12

be given to a coalition that expressly proposes to provide 13

mentorship to a coalition or aspiring coalition serving eco-14

nomically disadvantaged areas. 15

‘‘§ 1036. Authorization for National Community Anti-16

drug Coalition Institute 17

‘‘(a) IN GENERAL.—The Director shall, using 18

amounts authorized to be appropriated by subsection (d), 19

make a competitive grant to provide for the continuation 20

of the National Community Anti-drug Coalition Institute. 21

‘‘(b) ELIGIBLE ORGANIZATIONS.—An organization 22

eligible for the grant under subsection (a) is any national 23

nonprofit organization that represents, provides technical 24

assistance and training to, and has special expertise and 25


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broad, national-level experience in community antidrug 1

coalitions under this subchapter. 2

‘‘(c) USE OF GRANT AMOUNT.—The organization 3

that receives the grant under subsection (a) shall continue 4

a National Community Anti-Drug Coalition Institute to— 5

‘‘(1) provide education, training, and technical 6

assistance for coalition leaders and community 7

teams, with emphasis on the development of coali-8

tions serving economically disadvantaged areas; 9

‘‘(2) develop and disseminate evaluation tools, 10

mechanisms, and measures to better assess and doc-11

ument coalition performance measures and out-12

comes; and 13

‘‘(3) bridge the gap between research and prac-14

tice by translating knowledge from research into 15

practical information. 16

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—The 17

Director shall, using amounts authorized to be appro-18

priated by section 1038, make a grant of $2,000,000 19

under subsection (a), for each of the fiscal years 2019 20

through 2023. 21

‘‘§ 1037. Definitions 22

‘‘In this subchapter: 23


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‘‘(1) ADMINISTRATOR.—The term ‘Adminis-1

trator’ means the Administrator appointed by the 2

Director under section 1031(c). 3

‘‘(2) COMMUNITY.—The term ‘community’ shall 4

have the meaning provided that term by the Admin-5

istrator. 6

‘‘(3) ELIGIBLE COALITION.—The term ‘eligible 7

coalition’ means a coalition that meets the applicable 8

criteria under section 1032(a). 9

‘‘(4) GRANT RECIPIENT.—The term ‘grant re-10

cipient’ means the recipient of a grant award under 11

section 1032. 12

‘‘(5) PROGRAM.—The term ‘Program’ means 13

the program established under section 1031(a). 14

‘‘(6) SUBSTANCE USE AND MISUSE.—The term 15

‘substance use and misuse’ means— 16

‘‘(A) the illegal use or misuse of drugs, in-17

cluding substances for which a listing is in ef-18

fect under any of schedules I through V under 19

section 202 of the Controlled Substances Act 20

(21 U.S.C. 812); 21

‘‘(B) the misuse of inhalants or over the 22

counter drugs; or 23


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‘‘(C) the use of alcohol, tobacco, or other 1

related product as such use is prohibited by 2

State or local law. 3

‘‘(7) YOUTH.—The term ‘youth’ shall have the 4

meaning provided that term by the Administrator. 5

‘‘§ 1038. Drug–free communities reauthorization 6

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 7

are authorized to be appropriated to the Office to carry 8

out this subchapter $99,000,000 for fiscal year 2019 9

through 2023. 10

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 8 11

percent of the funds appropriated for this subchapter may 12

be used by the Office or, in the discretion of the Director, 13

an agency delegated to carry out the program under sec-14

tion 1031(d) to pay for administrative costs associated 15

with carrying out the program.’’. 16

SEC. 3. REPEALS. 17

The following provisions are repealed: 18

(1) Section 203 of the Office of National Drug 19

Control Policy Reauthorization Act of 2006 (Public 20

Law 109–469; 21 U.S.C. 1708a). 21

(2) Title VIII of the Office of National Drug 22


Law 109–469). 24


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(3) Section 1105 of the Office of National Drug 1


Law 109–469; 21 U.S.C. 1701 note). 3

(4) Section 1110 of Office of National Drug 4


Law 109–469; 21 U.S.C. 1705 note). 6

(5) Section 1110A of the Office of National 7

Drug Control Policy Reauthorization Act of 2006 8

(Public Law 109–469; 21 U.S.C. 1705 note). 9

(6) Section 4 of Public Law 107–82 (21 U.S.C. 10

1521 note). 11

SEC. 4. OPIOID CRISIS RESPONSE. 12

(a) EMERGING THREAT DESIGNATION.—The Direc-13

tor shall designate opioids and opioid analogues as emerg-14

ing threats, in accordance with section 1009 of title 31, 15

United States Code, as added by section 2(b). 16

(b) OPIOID RESPONSE PLAN.— 17

(1) ISSUANCE.—Not later than 60 days after 18

the date of the enactment of this Act, the Director 19

shall publish, make publicly available, and notify the 20

President and the appropriate congressional commit-21

tees of, the plan required under section 1009 of title 22

31, United States Code, as added by section 2(b), to 23

be designated as the ‘‘National Opioid Crisis Re-24

sponse Plan’’. 25


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(2) CONTENTS.—The Director shall ensure the 1

plan establishes measurable goals, including reduc-2

ing fatal and non-fatal overdoses, and includes the 3

following: 4

(A) Initiatives to ensure the United States 5

mail is effectively screened to prevent illicit 6

drugs from entering the United States, includ-7

ing— 8

(i) designating the United States 9

Postal Service as a National Drug Control 10

Program Agency; 11

(ii) directing the United States Postal 12

Service and any other related National 13

Drug Control Program Agency to take any 14

appropriate actions necessary to reduce the 15

amount of illicit drugs entering the coun-16

try; and 17

(iii) developing an international co-18

ordination plan, in accordance with section 19

1010 of such title 31, United States Code, 20

as added by section 2(b)), to include ef-21

forts to address international drug control 22

initiatives and strengthen bilateral and 23

multilateral strategies to reduce illicit 24

drugs and precursor chemicals from enter-25


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ing the United States through inter-1

national mail or across land borders or 2

ports of entry. 3

(B) Support for universal adoption of evi-4

dence-based prescribing guidelines, including— 5

(i) establishing a task force to supple-6

ment existing prescribing guidelines with 7

evidence-based standards and to facilitate, 8

coordinate, and, as appropriate, conduct 9

research to inform such guidelines; 10

(ii) encouraging the adoption of evi-11

dence-based prescribing guidelines by each 12

relevant agency, State and local govern-13

ments, and private sector organizations; 14

(iii) issuing guidance to National 15

Drug Control Program Agencies to, as ap-16

propriate, revise regulations to ensure pro-17

fessionals have effective continuing edu-18

cation requirements; and 19

(iv) disseminating and encouraging 20

the adoption of best practices and evi-21

dence-based guidelines for effective pre-22

scribing practices. 23

(C) A program to monitor the prescription 24

drug market and illicit drug market for changes 25


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in trends relevant to reducing the supply or de-1

mand of such drugs. 2

(D) An initiative to facilitate and coordi-3

nate Federal, State and local government initia-4

tives, studies, and pilot or demonstration pro-5

grams designed to evaluate the benefits of drug 6

courts and related programs that reduce sub-7

stance use prevalence. 8

(E) Programs, developed in coordination 9

with the private sector, to— 10

(i) facilitate the development of treat-11

ment and deterrent products, in accord-12

ance with section 1010(c) of title 31, 13

United States Code, as added by section 14

2(b); and 15

(ii) encourage the expansion of medi-16

cation disposal programs and technology. 17

(F) Initiatives to encourage the National 18

Drug Control Program Agencies and the pro-19

gram established under section 1010(d) of title 20

31, United States Code, as added by section 21

2(b)— 22

(i) to prioritize the development of 23

sentencing standards or model codes for 24


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trafficking opioids and opioid analogues; 1

and 2

(ii) to advise States on establishing 3

laws and policies to address opioid issues 4

based on the recommendations developed 5

and set forth by the President’s Commis-6

sion on Combating Drug Addiction and the 7

Opioid Crisis. 8

(G) Working groups, established in accord-9

ance with section 1010 of title 31, United 10

States Code, as added by section 2(b), to de-11

velop standards, and encourage the use of such 12

standards, for the collection of data necessary 13

to understand and monitor the opioid crisis, in-14

cluding— 15

(i) State medical examiner reports on 16

deaths caused by overdoses and related 17

statistical data; and 18

(ii) first responder opioid intoxication 19

incidents. 20

(H) A program to identify successful col-21

lege recovery programs, including sober housing 22

programs that provide a shared living residence 23

free of alcohol or illicit drug use for individuals 24

recovering from drug or alcohol addiction and 25


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substance use disorders, on college campuses 1

and disseminate best practices to Colleges and 2

Universities to increase the number and capac-3

ity of such programs. 4

(I) Convening working groups, consisting 5

of the appropriate National Drug Control Pro-6

gram Agencies, State, local and Tribal govern-7

ments, and other appropriate stakeholders, es-8

tablished in accordance with section 1010 of 9

title 31, United States Code— 10

(i) to support Prescription Drug Mon-11

itoring Programs by— 12

(I) facilitating the sharing of pro-13

gram data among States and Federal 14

prescription drug monitoring pro-15

grams to ensure interoperability of 16

such programs; 17

(II) assisting States in increasing 18

utilization of such programs; 19

(III) facilitating efforts to incor-20

porate available overdose and 21

naloxone deployment data into such 22

programs; 23


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(IV) evaluating barriers to inte-1

grating program data with electronic 2

health records; and 3

(V) offering recommendations to 4

address identified barriers; and 5

(ii) to develop standards, and encour-6

age the use of such standards, for the col-7

lection of data necessary to understand 8

and monitor the opioid crisis, including— 9

(I) State medical examiner re-10

ports on deaths caused by overdoses 11

and related statistical data; and 12

(II) first responder opioid intoxi-13

cation incidents. 14

(J) Research initiatives, to be initiated not 15

later than 30 days after the issuance of the 16

plan, to evaluate the uses and barriers to use 17

of and the effects of improving the following 18

programs: 19

(i) Medication Assisted Treatment. 20

(ii) Data collection systems used to 21

confirm opioid use by individuals who have 22

been arrested or hospitalized. 23

(c) RECOMMENDATIONS.—Not later than 1 year after 24

the date of the enactment of this Act, the Director shall 25


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submit to Congress a report on the results of the initia-1

tives conducted under subsection (b)(2)(K) and rec-2

ommendations based on such results. 3

SEC. 5. EXCEPTIONS AND RULES OF CONSTRUCTION. 4

(a) RULES OF CONSTRUCTION.—Nothing in this Act, 5

or the amendments made by this act shall be construed 6

as derogating the authorities and responsibilities of the 7

Director of National Intelligence or the Director of the 8

Central Intelligence Agency contained in the National Se-9

curity Act of 1947 (50 U.S.C. 401 et seq.), the Central 10

Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), 11

or any other law. 12

(b) INAPPLICABILITY TO CERTAIN PROGRAMS.—This 13

Act, and the amendments made by this Act, shall not 14

apply to the National Intelligence Program and the Mili-15

tary Intelligence Program, unless such program or an ele-16

ment of such program is designated as a National Drug 17

Control Program— 18

(1) by the President; or 19

(2) jointly by— 20

(A) in the case of the National Intelligence 21

Program, the Director and the Director of Na-22

tional Intelligence; or 23


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(B) in the case of the Military Intelligence 1

Program, the Director, the Director of National 2

Intelligence, and the Secretary of Defense. 3

(c) CLASSIFIED INFORMATION.—Any contents of any 4

report required under this Act or the amendments made 5

by this Act that involve information properly classified 6

under criteria established by an Executive order shall be 7

presented to Congress separately from the rest of such re-8

port. 9

SEC. 6. GAO STUDY AND REPORTS. 10

(a) REPORTS.— 11

(1) INITIAL.—Not later than 3 years after the 12

date of the enactment of this Act, the Comptroller 13

General shall provide an initial report to the appro-14

priate Congressional Committees. 15

(2) FINAL.—Not later than 6 years after the 16

date of the enactment of this Act, the Comptroller 17

General shall provide a final report to the appro-18

priate Congressional Committees. 19

(b) CONTENTS OF REPORT.—The reports described 20

in subsection (a) shall include the following: 21

(1) A review of the implementation of the edu-22

cation and outreach campaign for emerging threats, 23

including— 24


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(A) whether the objectives of the campaign 1

and the media campaign have been met during 2

the relevant period; and 3

(B) whether the Office took steps to en-4

sure that the campaign operated in an efficient 5

and effective manner consistent with the overall 6

strategy and focus of the campaign. 7

(2) A review of the adherence to policies and 8

practices implemented to ensure that Federal funds 9

were used responsibly to purchase advertising time 10

and space and eliminate the potential for waste, 11

fraud and abuse. 12

(3) An evaluation of the most recent, applicable 13

National Drug Control Strategy, including whether 14

the National Drug Control Strategy met the require-15

ments of section 1005 of title 31, United States 16

Code, as added by section 2(b). 17

(4) An evaluation of whether the required an-18

nual assessments prepared by the Office met the re-19

quirements of section 1006 of title 31, United States 20

Code, as added by section 2(b). 21

(5) Such other matters as the Comptroller Gen-22

eral determines to be appropriate. 23


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SEC. 7. DEFINITIONS. 1

In this Act, the terms ‘‘appropriate congressional 2

committees’’, ‘‘Director’’, ‘‘drug’’, ‘‘illicit drug use’’, ‘‘il-3

licit drugs’’, and ‘‘National Drug Control Program Agen-4

cies’’ have the meaning given those terms in section 1001 5

of title 31, United States Code. 6

Æ


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Documents

TH D CONGRESS SESSION H. R. 5925 · •HR 5925 IH ‘‘1033 ... 5 ‘‘(B) services, programs, or strategies to 6 prevent substance use disorder, including evi-7 dence-based education