II 

115TH CONGRESS 

1ST SESSION S. 1123 

To reauthorize the Office of National Drug Control Policy, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2017 

Mrs. SHAHEEN (for herself and Ms. HASSAN) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize the Office of National Drug Control Policy, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Office of National Drug Control Policy Reauthorization 

6 Act of 2017’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ORGANIZATION OF OFFICE OF NATIONAL DRUG 

CONTROL POLICY AND ROLES AND RESPONSIBILITIES 


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Sec. 101. Amendments to definitions. 

Sec. 102. Office of National Drug Control Policy. 

Sec. 103. Appointment and responsibilities of the Director. 

Sec. 104. Coordination with other agencies. 

TITLE II—THE NATIONAL DRUG CONTROL STRATEGY 

Sec. 201. Annual preparation and submission of national drug control strategy. 

TITLE III—HIGH INTENSITY DRUG TRAFFICKING AREAS 

Sec. 301. High intensity drug trafficking areas program. 

TITLE IV—DRUG INTERDICTION COORDINATOR AND COMMITTEE 

Sec. 401. Drug interdiction coordinator. 

TITLE V—AUTHORIZATION OF APPROPRIATIONS AND EXTENSION 

OF TERMINATION DATE 

Sec. 501. Authorization of appropriations. 

Sec. 502. Extension of termination date. 

TITLE VI—AMENDMENTS TO THE OFFICE OF NATIONAL DRUG 

CONTROL POLICY REAUTHORIZATION ACT OF 2006 

Sec. 601. Model Acts. 

Sec. 602. Elimination of former reporting requirements. 

1 TITLE I—ORGANIZATION OF OF2 FICE OF NATIONAL DRUG 

3 CONTROL POLICY AND ROLES 

4 AND RESPONSIBILITIES 

5 SEC. 101. AMENDMENTS TO DEFINITIONS. 

6 (a) DEMAND REDUCTION.—Section 702(1) of the Of7 fice of National Drug Control Policy Reauthorization Act 

8 of 1998 (21 U.S.C. 1701(1)) is amended— 

9 (1) by redesignating subparagraphs (A) through 

10 (H) as clauses (i) through (viii), respectively, and 

11 adjusting the margins accordingly; 


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1 (2) by redesignating subparagraphs (I) and (J) 

2 as clauses (xii) and (xiii), respectively, and adjusting 

3 the margins accordingly; 

4 (3) in the matter preceding clause (i), as so re5 designated, by striking ‘‘ ‘demand reduction’ means’’ 

6 and all that follows through ‘‘including—’’ and in7 serting the following: ‘‘ ‘demand reduction’— 

8 ‘‘(A) means any activity conducted by a 

9 National Drug Control Program agency, other 

10 than an enforcement activity, that is intended 

11 to reduce the use of drugs; and 

12 ‘‘(B) includes prevention, treatment, and 

13 recovery efforts, such as—’’; 

14 (4) by inserting after clause (viii), as so redes15 ignated, the following: 

16 ‘‘(ix) screening and brief interventions 

17 for substance use disorders; 

18 ‘‘(x) promoting availability of and ac19 cess to health care services for the treat20 ment of substance use disorders; 

21 ‘‘(xi) support for long-term recovery 

22 from substance use disorders’’; and 

23 (5) in clause (xiii), as so redesignated, by in24 serting ‘‘recovery,’’ after ‘‘treatment,’’. 


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1 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

2 Section 702(12) of the Office of National Drug Control 

3 Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12)) 

4 is amended by inserting ‘‘, the Committee on Health, Edu5 cation, Labor, and Pensions’’ before ‘‘, the Committee on 

6 Appropriations’’. 

7 (c) ILLICIT DRUG USE; ILLEGAL DRUG USE.—Sec8 tion 702 of the Office of National Drug Control Policy 

9 Reauthorization Act of 1998 (21 U.S.C. 1701) is amended 

10 by adding at the end the following: 

11 ‘‘(14) ILLICIT DRUG USE; ILLEGAL DRUG

12 USE.—The terms ‘illicit drug use’, ‘illegal drug use’, 

13 ‘illegal use of drugs’, ‘illicit use of drugs’, ‘illicit 

14 drug’, and ‘illegal drug’ include the illegal use of 

15 prescription drugs.’’. 

16 SEC. 102. OFFICE OF NATIONAL DRUG CONTROL POLICY. 

17 (a) AMENDMENTS.—Section 703(b) of the Office of 

18 National Drug Control Policy Reauthorization Act of 1998 

19 (21 U.S.C. 1702(b)) is amended— 

20 (1) in the heading, by striking ‘‘AND DEPUTY

21 DIRECTORS’’; 

22 (2) by striking paragraph (2), and inserting the 

23 following: 

24 ‘‘(2) RESPONSIBILITIES.—The Director, and 

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1 trol Policy staff as designated by the Director, shall 

2 be responsible for demand reduction activities, sup3 ply reduction activities, and for State, local, and 

4 tribal affairs.’’; and 

5 (3) by amending paragraph (3) to read as fol6 lows: 

7 ‘‘(3) OTHER DEPUTY DIRECTORS.—There shall 

8 be a Deputy Director for Demand Reduction, a Dep9 uty Director for Supply Reduction, and a Deputy 

10 Director for State, Local, and Tribal Affairs.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall take effect on October 1, 2017. 

13 SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE 

14 DIRECTOR. 

15 (a) APPOINTMENT.— 

16 (1) AMENDMENTS.—Section 704 of the Office 

17 of National Drug Control Policy Reauthorization Act 

18 of 1998 (21 U.S.C. 1703) is amended— 

19 (A) in the heading, by striking ‘‘and 

20 Deputy Directors’’; and 

21 (B) in subsection (a)— 

22 (i) by amending paragraph (1) to read 

23 as follows: 

24 ‘‘(1) DIRECTOR.—The Director shall be ap25 pointed by the President, by and with the advice and 


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1 consent of the Senate, and shall serve at the pleas2 ure of the President.’’; 

3 (ii) by striking paragraphs (2) and 

4 (3); 

5 (iii) by redesignating paragraphs (4) 

6 and (5) as paragraphs (2) and (3), respec7 tively; and 

8 (iv) in paragraph (2), as so redesig9 nated, by striking ‘‘or a Deputy Director’’. 

10 (2) EFFECTIVE DATE.—The amendments made 

11 by paragraph (1) shall take effect on January 20, 

12 2018. 

13 (b) RESPONSIBILITIES.—Subsection 704(b) of the 

14 Office of National Drug Control Policy Reauthorization 

15 Act of 1998 (21 U.S.C. 1703(b)) is amended— 

16 (1) in paragraph (13)(E), by striking ‘‘treat17 ment and prevention’’ and inserting ‘‘treatment, pre18 vention, and recovery support’’; 

19 (2) in paragraph (15), by striking ‘‘prevention 

20 and drug treatment’’ and inserting ‘‘prevention, 

21 drug treatment, and recovery’’; 

22 (3) in paragraph (18), by adding ‘‘and’’ after 

23 the semicolon; 

24 (4) in paragraph (19), by striking ‘‘; and’’ and 

25 inserting a period; and 


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1 (5) by striking paragraph (20). 

2 (c) FUND CONTROL NOTICES.—Section 704(f) of the 

3 Office of National Drug Control Policy Reauthorization 

4 Act of 1998 (21 U.S.C. 1703(f)) is amended— 

5 (1) in the first paragraph (5), in subparagraph 

6 (A), by inserting ‘‘or statute’’ after ‘‘appropriation’’; 

7 (2) by striking the second paragraph (4); and 

8 (3) by striking the second paragraph (5). 

9 SEC. 104. COORDINATION WITH OTHER AGENCIES. 

10 Section 705(d) of the Office of National Drug Con11 trol Policy Reauthorization Act of 1998 (21 U.S.C. 

12 1704(d)) is amended— 

13 (1) in the header by striking ‘‘EXPENDED’’ and 

14 inserting ‘‘OBLIGATED’’; and 

15 (2) in paragraph (A), by striking ‘‘(A) require’’ 

16 and inserting ‘‘(1) require’’. 

17 SEC. 105. REPORT ON INTERNET PURCHASING OF SYN18 THETIC DRUGS AND PRECURSOR CHEMI19 CALS. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Director of National Drug Control Policy, 

22 in consultation with the Attorney General and the Admin23 istrator of the Drug Enforcement Administration, shall 

24 submit to Congress a report on Internet purchasing of 

25 synthetic drugs and precursor chemicals that includes— 


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1 (1) how purchases of synthetic drugs and pre2 cursor chemicals are conducted on the open Internet 

3 and the dark web; 

4 (2) the scale of the problem described in para5 graph (1); 

6 (3) the country of origin of the relevant Web 

7 sites, manufacturers, and distributors; 

8 (4) measures that can be taken to eliminate the 

9 sale of synthetic drugs and precursor chemicals over 

10 the Internet; and 

11 (5) any recommendations for legislation nec12 essary to eliminate the sale of synthetic drugs and 

13 precursor chemicals over the Internet. 

14 TITLE II—THE NATIONAL DRUG 

15 CONTROL STRATEGY 

16 SEC. 201. ANNUAL PREPARATION AND SUBMISSION OF NA17 TIONAL DRUG CONTROL STRATEGY. 

18 Section 706(a) of the Office of National Drug Control 

19 Policy Reauthorization Act of 1998 (21 U.S.C. 1705(a)) 

20 is amended— 

21 (1) in paragraph (1) by inserting before the pe22 riod ‘‘, and by promoting prevention, early interven23 tion, treatment, and recovery support for individuals 

24 with substance use disorders’’; 

25 (2) in paragraph (2)(A)— 


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1 (A) in clause (i), by inserting ‘‘, including 

2 the misuse of prescription drugs,’’ before ‘‘and 

3 the’’; 

4 (B) by striking clause (ix); and 

5 (C) by redesignating clauses (x) through 

6 (xiv) and clauses (ix) through (xiii), respec7 tively; and 

8 (3) in paragraph (3)— 

9 (A) in subparagraph (B), by inserting 

10 ‘‘and’’ at the end; 

11 (B) in subparagraph (C), by striking ‘‘; 

12 and’’ and inserting a period; and 

13 (C) by striking subparagraph (D). 

14 TITLE III—HIGH INTENSITY 

15 DRUG TRAFFICKING AREAS 

16 SEC. 301. HIGH INTENSITY DRUG TRAFFICKING AREAS 

17 PROGRAM. 

18 Section 707 of the Office of National Drug Control 

19 Policy Reauthorization Act of 1998 (21 U.S.C. 1706) is 

20 amended— 

21 (1) by striking subsections (k), (l), and (m) and 

22 inserting the following: 

23 ‘‘(k) EVALUATION OF HIDTA AS PART OF THE NA24 TIONAL DRUG CONTROL STRATEGY.— 


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1 ‘‘(1) REPORT.—The Director shall, as part of 

2 the National Drug Control Strategy and after con3 sulting with the Executive Boards of each des4 ignated high intensity drug trafficking area, submit 

5 a report to Congress that describes, for each des6 ignated high intensity drug trafficking area— 

7 ‘‘(A) the specific purposes for the high in8 tensity drug trafficking area; 

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

10 goals and objectives for the high intensity drug 

11 trafficking area; 

12 ‘‘(C) the measurements that will be used to 

13 evaluate the performance of the high intensity 

14 drug trafficking area in achieving the long-term 

15 and short-term goals; 

16 ‘‘(D) the reporting requirements needed, if 

17 appropriate, to evaluate the performance of the 

18 high intensity drug trafficking area in achieving 

19 the long- and short-term goals; and 

20 ‘‘(E) an evaluation of the performance of 

21 the high intensity drug trafficking area in ac22 complishing the specific long-term and short23 term goals and objectives identified under sub24 paragraph (B). 


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1 ‘‘(2) ASSESSMENT OF DRUG ENFORCEMENT

2 TASK FORCES IN HIGH INTENSITY DRUG TRAF3 FICKING AREAS.—The Director, as part of the re4 port required under paragraph (1), shall— 

5 ‘‘(A) assess the number and operation of 

6 all federally funded drug enforcement task 

7 forces within each high intensity drug traf8 ficking area; and 

9 ‘‘(B) describe— 

10 ‘‘(i) each Federal, State, local, and 

11 tribal drug enforcement task force oper12 ating in the high intensity drug trafficking 

13 area; 

14 ‘‘(ii) how such task forces coordinate 

15 with each other, with any high intensity 

16 drug trafficking area task force, and with 

17 investigations receiving funds from the Or18 ganized Crime and Drug Enforcement 

19 Task Force; 

20 ‘‘(iii) what steps, if any, each such 

21 task force takes to share information re22 garding drug trafficking and drug produc23 tion with other federally funded drug en24 forcement task forces in the high intensity 

25 drug trafficking area; 


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1 ‘‘(iv) the role of the high intensity 

2 drug trafficking area in coordinating the 

3 sharing of such information among task 

4 forces; 

5 ‘‘(v) the nature and extent of coopera6 tion by each Federal, State, local, and trib7 al participant in ensuring that such infor8 mation is shared among law enforcement 

9 agencies and with the high intensity drug 

10 trafficking area; 

11 ‘‘(vi) the nature and extent to which 

12 information sharing and enforcement ac13 tivities are coordinated with joint terrorism 

14 task forces in the high intensity drug traf15 ficking area; and 

16 ‘‘(vii) any recommendations for meas17 ures needed, if appropriate, to ensure that 

18 task force resources are utilized efficiently 

19 and effectively to reduce the availability of 

20 illegal drugs in the high intensity drug 

21 trafficking areas. 

22 ‘‘(3) ASSESSMENT OF LAW ENFORCEMENT IN23 TELLIGENCE SHARING IN HIGH INTENSITY DRUG

24 TRAFFICKING AREAS PROGRAM.—The Director, as 


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1 part of the report required under paragraph (1), 

2 shall— 

3 ‘‘(A) evaluate existing and planned law en4 forcement intelligence systems supported by 

5 each high intensity drug trafficking area, or 

6 utilized by task forces receiving any funding 

7 under the Program, including the extent to 

8 which such systems ensure access and avail9 ability of law enforcement intelligence to Fed10 eral, State, local, and tribal law enforcement 

11 agencies within the high intensity drug traf12 ficking area and outside of it; 

13 ‘‘(B) describe the extent to which Federal, 

14 State, local, and tribal law enforcement agen15 cies participating in each high intensity drug 

16 trafficking area are sharing law enforcement in17 telligence information to assess current drug 

18 trafficking threats and design appropriate en19 forcement strategies; and 

20 ‘‘(C) describe the measures needed, if ap21 propriate, to improve effective sharing of infor22 mation and law enforcement intelligence regard23 ing drug trafficking and drug production among 

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1 ficking area, and between such agencies and 

2 similar agencies outside the high intensity drug 

3 trafficking area.’’; 

4 (2) by redesignating subsections (n), (o), (p), 

5 and (q) as subsections (l), (m), (n), and (o), respec6 tively; and 

7 (3) by amending subsection (n), as so redesig8 nated, to read as follows: 

9 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

10 is authorized to be appropriated to the Office of National 

11 Drug Control Policy $290,000,000 for fiscal year 2018 

12 and such sums as are necessary to carry out this section 

13 for each of fiscal years 2019 through 2023.’’. 

14 TITLE IV—DRUG INTERDICTION 

15 COORDINATOR AND COMMITTEE 

16 SEC. 401. DRUG INTERDICTION COORDINATOR. 

17 Section 711 of the Office of National Drug Control 

18 Policy Reauthorization Act of 1998 (21 U.S.C. 1710) is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)— 

22 (i) in subparagraph (B)— 

23 (I) by striking ‘‘on or before 

24 March 1 of each year and’’; 


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1 (II) by striking ‘‘Command and 

2 Control’’ and inserting ‘‘Coordina3 tion’’; and 

4 (III) by inserting ‘‘and revising 

5 the plan as necessary on or before 

6 March 1 of each year’’ before the 

7 semicolon at the end; and 

8 (ii) in subparagraph (D), by striking 

9 ‘‘Command and Control’’ and inserting 

10 ‘‘Coordination’’; 

11 (B) in paragraph (3), by striking ‘‘to the 

12 Office of Supply Reduction for that purpose’’ 

13 and inserting ‘‘to the Office to assist the United 

14 States Interdiction Coordinator in carrying out 

15 the responsibilities described in paragraph (2)’’; 

16 and 

17 (C) in paragraph (4)— 

18 (i) by striking ‘‘Command and Con19 trol’’ each time that term appears and in20 serting ‘‘Coordination’’; 

21 (ii) in subparagraph (A)(iii), by strik22 ing ‘‘required’’ and inserting ‘‘that will be 

23 used’’; and 

24 (iii) in subparagraph (D), by striking 

25 ‘‘include’’ and all that follows through the 


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1 period at the end and inserting ‘‘a copy of 

2 the current National Interdiction Coordi3 nation Plan and the most recent Interdic4 tion Performance Assessment.’’; and 

5 (2) in subsection (b)(1)(B)— 

6 (A) by striking ‘‘annual’’ and inserting 

7 ‘‘revised’’; and 

8 (B) by striking ‘‘Command and Control’’ 

9 and inserting ‘‘Coordination’’. 

10 TITLE V—AUTHORIZATION OF 

11 APPROPRIATIONS AND EX12 TENSION OF TERMINATION 

13 DATE 

14 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 714 of the Office of National Drug Control 

16 Policy Reauthorization Act of 1998 (21 U.S.C. 1711) is 

17 amended by striking ‘‘2006 through 2010’’ and inserting 

18 ‘‘2018 through 2023’’. 

19 SEC. 502. EXTENSION OF TERMINATION DATE. 

20 Section 715(a) of the Office of National Drug Control 

21 Policy Reauthorization Act of 1998 (21 U.S.C. 1712(a)) 

22 is amended by striking ‘‘2010’’ and inserting ‘‘2023’’. 


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1 TITLE VI—AMENDMENTS TO THE 

2 OFFICE OF NATIONAL DRUG 

3 CONTROL POLICY REAU4 THORIZATION ACT OF 2006 

5 SEC. 601. MODEL ACTS. 

6 Section 1105 of the Office of National Drug Control 

7 Policy Reauthorization Act of 2006 (21 U.S.C. 1701 note) 

8 is amended by striking subsection (b) and inserting the 

9 following: 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this sub12 section such sums as are necessary for each of fiscal years 

13 2018 through 2023.’’. 

14 SEC. 602. ELIMINATION OF FORMER REPORTING REQUIRE15 MENTS. 

16 The Office of National Drug Control Policy Reau17 thorization Act of 2006 (Public Law 109–469; 120 Stat. 

18 3502) is amended— 

19 (1) in section 802 (120 Stat. 3535)— 

20 (A) in subsection (a), by striking ‘‘(a) IN

21 GENERAL.—’’; and 

22 (B) by striking subsection (b) (21 U.S.C. 

23 1532 note); and 


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1 (2) by repealing sections 1103, 1104, 1109, 

2 1111, and 1114 (120 Stat. 3540, 3543, and 3544). 

Æ 


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