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 provisions 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. 

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. 

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

5 through Interagency Strategy and Information Sharing 

6 Act’’ or the ‘‘CRISIS Act’’. 


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1 SEC. 2. OFFICE OF NATIONAL DRUG CONTROL. 

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

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

4 Drug Control’’. 

5 (b) REFERENCES.—Any reference in any other Fed6 eral law, Executive order, rule, regulation, or delegation 

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

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

9 Office of National Drug Control. 

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

11 States Code, is amended by adding at the end the fol12 lowing new chapter: 

13 ‘‘CHAPTER 10—OFFICE OF NATIONAL 

14 DRUG CONTROL 

‘‘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 recipients. 

‘‘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. 

1 ‘‘SUBCHAPTER I—OFFICE 

2 ‘‘§ 1001. Definitions 

3 ‘‘In this chapter: 

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

5 meaning given the term ‘executive agency’ in section 

6 102. 

7 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘appropriate congressional com9 mittees’ means— 

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

11 Committee on Appropriations, and the Caucus 

12 on International Narcotics Control of the Sen13 ate; and 

14 ‘‘(B) the Committee on Oversight and Gov15 ernment Reform, the Committee on the Judici16 ary, and the Committee on Appropriations of 

17 the House of Representatives. 

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

19 reduction’ means any activity conducted by a Na20 tional Drug Control Program Agency, other than an 

21 enforcement activity, that is intended to reduce or 


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1 prevent the use of drugs or support or provide treat2 ment and recovery efforts, including— 

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

4 drug use; 

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

6 prevent substance use disorder, including evi7 dence-based education campaigns, community8 based prevention programs, opioid diversion, 

9 collection and disposal of unused prescription 

10 drugs, and services to at-risk populations to 

11 prevent or delay initial use of an illicit sub12 stance; 

13 ‘‘(C) substance use disorder treatment; 

14 ‘‘(D) illicit drug use research; 

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

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

17 employees; 

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

19 dependence; 

20 ‘‘(H) expanding availability of access to 

21 health care services for the treatment of sub22 stance use disorders; 

23 ‘‘(I) international drug control coordina24 tion and cooperation with respect to activities 

25 described in this paragraph; 


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

2 interventions such as diversion programs, drug 

3 courts, and the provision of evidence-based 

4 treatment to individuals with substance use dis5 orders who are arrested or under some form of 

6 criminal justice supervision, including medica7 tion assisted treatment; 

8 ‘‘(K) other coordinated and joint initiatives 

9 among Federal, State, local, and Tribal agen10 cies to promote comprehensive drug control 

11 strategies designed to reduce the demand for, 

12 and the availability of, illegal drugs; 

13 ‘‘(L) international illicit drug use edu14 cation, prevention, treatment, recovery, re15 search, rehabilitation activities, and interven16 tions for illicit drug use and dependence; and 

17 ‘‘(M) research related to any of the activi18 ties described in this paragraph. 

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

20 the Director of the Office of National Drug Control. 

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

22 given the term ‘controlled substance’ in section 

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

24 802(6)). 


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

2 means any activity conducted by a National Drug 

3 Control Program Agency involving supply reduction 

4 or demand reduction. 

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

6 threat’ means the occurrence of a new and growing 

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

8 including rapid expansion in the supply of or de9 mand for such drug. 

10 ‘‘(8) ILLICIT DRUG USE; ILLICIT DRUGS; ILLE11 GAL DRUGS.—The terms ‘illicit drug use’, ‘illicit 

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

13 use of prescription drugs. 

14 ‘‘(9) LAW ENFORCEMENT.—The term ‘law en15 forcement’ or ‘drug law enforcement’ means all ef16 forts by a Federal, State, local, or Tribal govern17 ment agency to enforce the drug laws of the United 

18 States or any State, including investigation, arrest, 

19 prosecution, and incarceration or other punishments 

20 or penalties. 

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

22 The term ‘National Drug Control Program’ means 

23 programs, policies, and activities undertaken by Na24 tional Drug Control Program Agencies pursuant to 

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1 tional Drug Control Strategy, including any activi2 ties involving supply reduction, demand reduction, or 

3 State, local, and Tribal affairs. 

4 ‘‘(11) NATIONAL DRUG CONTROL PROGRAM

5 AGENCY.—The term ‘National Drug Control Pro6 gram Agency’ means any agency (or bureau, office, 

7 independent agency, board, division, commission, 

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

9 responsible for implementing any aspect of the Na10 tional Drug Control Strategy, including any agency 

11 that receives Federal funds to implement any aspect 

12 of the National Drug Control Strategy, but does not 

13 include any agency that receives funds for drug con14 trol activity solely under the National Intelligence 

15 Program or the Military Intelligence Program. 

16 ‘‘(12) NATIONAL DRUG CONTROL STRATEGY; 

17 STRATEGY.—The term ‘National Drug Control 

18 Strategy’ or ‘Strategy’ means the strategy developed 

19 and submitted to Congress under section 1005. 

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

21 ‘nonprofit organization’ means an organization that 

22 is described in section 501(c)(3) of the Internal Rev23 enue Code of 1986 and exempt from tax under sec24 tion 501(a) of such Code. 


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

2 Office of National Drug Control. 

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

4 The term ‘State, local, and Tribal affairs’ means do5 mestic activities conducted by a National Drug Con6 trol Program Agency that are intended to reduce the 

7 availability and use of illegal drugs, including— 

8 ‘‘(A) coordination and enhancement of 

9 Federal, State, local, and Tribal law enforce10 ment drug control efforts; 

11 ‘‘(B) coordination and enhancement of ef12 forts among National Drug Control Program 

13 Agencies and State, local, and Tribal demand 

14 reduction and supply reduction agencies; 

15 ‘‘(C) coordination and enhancement of 

16 Federal, State, local, and Tribal law enforce17 ment initiatives to gather, analyze, and dissemi18 nate information and law enforcement intel19 ligence relating to drug control among domestic 

20 law enforcement agencies; and 

21 ‘‘(D) other coordinated and joint initiatives 

22 among Federal, State, local, and Tribal agen23 cies to promote comprehensive drug control 

24 strategies designed to reduce the demand for, 

25 and the availability of, illegal drugs. 


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1 ‘‘(16) SUBSTANCE USE DISORDER TREAT2 MENT.—The term ‘substance use disorder treat3 ment’ means an evidence-based, professionally di4 rected, deliberate, and planned regimen including 

5 evaluation, observation, medical monitoring, and re6 habilitative services and interventions such as 

7 pharmacotherapy, behavioral therapy, and individual 

8 and group counseling, on an inpatient or outpatient 

9 basis, to help patients with substance use disorder 

10 reach recovery. 

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

12 reduction’ means any activity or program conducted 

13 by a National Drug Control Program Agency that is 

14 intended to reduce the availability or use of illegal 

15 drugs in the United States or abroad, including— 

16 ‘‘(A) law enforcement outside the United 

17 States; 

18 ‘‘(B) domestic law enforcement; 

19 ‘‘(C) source country programs, including 

20 economic development programs primarily in21 tended to reduce the production or trafficking 

22 of illicit drugs; 

23 ‘‘(D) activities to control international traf24 ficking in, and availability of, illegal drugs, in25 cluding— 


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1 ‘‘(i) accurate assessment and moni2 toring of international drug production and 

3 interdiction programs and policies; and 

4 ‘‘(ii) coordination and promotion of 

5 compliance with international treaties re6 lating to the production, transportation, or 

7 interdiction of illegal drugs; 

8 ‘‘(E) activities to conduct and promote 

9 international law enforcement programs and 

10 policies to reduce the supply of drugs; 

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

12 sharing of domestic and foreign intelligence in13 formation among National Drug Control Pro14 gram Agencies, relating to the production and 

15 trafficking of drugs in the United States and in 

16 foreign countries; 

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

18 drugs for their illicit use; and 

19 ‘‘(H) research related to any of the activi20 ties described in this paragraph. 

21 ‘‘§ 1002. Office of National Drug Control 

22 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab23 lished in the Executive Office of the President an Office 

24 of National Drug Control, which shall— 


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1 ‘‘(1) lead national drug control efforts, includ2 ing developing and assessing implementation of evi3 dence-based drug control policy; 

4 ‘‘(2) coordinate and oversee the implementation 

5 of the national drug control policy, including the Na6 tional Drug Control Strategy; 

7 ‘‘(3) assess and certify the adequacy of Na8 tional Drug Control Programs and the budget for 

9 those programs; 

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

11 national drug control policy efforts, including the 

12 National Drug Control Program Agencies’ pro13 grams, by developing and applying specific goals and 

14 performance measurements and tracking program15 level spending; 

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

17 related to illicit drug use; 

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

19 furtherance of the National Drug Control Strategy; 

20 and 

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

22 and data standardization among Federal, State, and 

23 local entities to support the national drug control ef24 forts. 


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

2 DEPUTY DIRECTORS.— 

3 ‘‘(1) DIRECTOR.— 

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

5 head of the Office a Director who shall hold the 

6 same rank and status as the head of an execu7 tive department listed in section 101 of title 5, 

8 United States Code. 

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

10 be appointed by the President, by and with the 

11 advice and consent of the Senate, and shall 

12 serve at the pleasure of the President. 

13 ‘‘(2) DEPUTY DIRECTOR.— 

14 ‘‘(A) IN GENERAL.—There shall be a Dep15 uty Director who shall report directly to the Di16 rector, be appointed by the President, and serve 

17 at the pleasure of the President. 

18 ‘‘(B) RESPONSIBILITIES.—The Deputy Di19 rector shall— 

20 ‘‘(i) carry out the responsibilities dele21 gated by the Director; and 

22 ‘‘(ii) be responsible for effectively co23 ordinating with the Coordinators. 

24 ‘‘(c) RESPONSIBILITIES.— 


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1 ‘‘(1) POLICIES, GOALS, OBJECTIVES, AND PRI2 ORITIES.—The Director shall assist the President in 

3 directing national drug control efforts, including es4 tablishing policies, goals, objectives, and priorities 

5 for the National Drug Control Program that are 

6 based on evidence-based research. 

7 ‘‘(2) CONSULTATION.—To formulate the Na8 tional Drug Control policies, goals, objectives, and 

9 priorities, the Director— 

10 ‘‘(A) shall consult with— 

11 ‘‘(i) State and local governments; 

12 ‘‘(ii) National Drug Control Program 

13 Agencies; 

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

15 council, or other entity established under 

16 this chapter, as appropriate; 

17 ‘‘(iv) the public; 

18 ‘‘(v) appropriate congressional com19 mittees; and 

20 ‘‘(vi) any other person in the discre21 tion of the Director; and 

22 ‘‘(B) may— 

23 ‘‘(i) establish advisory councils; 

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


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1 ‘‘(iii) request data from any other en2 tity. 

3 ‘‘§ 1003. Administration of the office 

4 ‘‘(a) EMPLOYMENT.— 

5 ‘‘(1) AUTHORITY OF THE DIRECTOR.—The Di6 rector may select, appoint, employ, and fix com7 pensation of such officers and employees of the Of8 fice as may be necessary to carry out the functions 

9 of the Office under this chapter. 

10 ‘‘(2) PROHIBITIONS.— 

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

12 as Director or Deputy Director while serving in 

13 any other position in the Federal Government. 

14 ‘‘(B) PROHIBITION ON POLITICAL CAM15 PAIGNING.—Any officer or employee of the Of16 fice who is appointed to that position by the 

17 President, by and with the advice and consent 

18 of the Senate, may not participate in Federal 

19 election campaign activities, except that such 

20 official is not prohibited by this paragraph from 

21 making contributions to individual candidates. 

22 ‘‘(b) PROHIBITION ON THE USE OF FUNDS FOR PO23 LITICAL CAMPAIGNS OR BALLOT INITIATIVES.—No funds 

24 authorized under this chapter may be obligated for the 


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

2 or ballot initiative. 

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

4 ‘‘(1) EVALUATIONS.—Notwithstanding any pro5 vision of chapter 43 of title 5, the Director shall per6 form the evaluation of the performance of any em7 ployee detailed to the Office for purposes of the ap8 plicable performance appraisal system established 

9 under such chapter for any rating period, or part 

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

11 ‘‘(2) COMPENSATION.— 

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

13 availability of appropriations, the Director may 

14 provide periodic bonus payments to any em15 ployee detailed to the Office. 

16 ‘‘(B) RESTRICTIONS.—An amount paid 

17 under this paragraph to an employee for any 

18 period— 

19 ‘‘(i) shall not be greater than 20 per20 cent of the basic pay paid or payable to 

21 such employee for such period; and 

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

23 pay of such employee. 

24 ‘‘(C) AGGREGATE AMOUNT.—The aggre25 gate amount paid during any fiscal year to an 


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1 employee detailed to the Office as basic pay, 

2 awards, bonuses, and other compensation shall 

3 not exceed the annual rate payable at the end 

4 of such fiscal year for positions at level III of 

5 the Executive Schedule. 

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

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

8 President shall not be construed as affecting access by 

9 Congress, or any committee of the House of Representa10 tives or the Senate, to any— 

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

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

13 the Director; or 

14 ‘‘(2) personnel of the Office. 

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

16 carrying out this chapter, the Director may— 

17 ‘‘(1) use for administrative purposes, on a reim18 bursable basis, the available services, equipment, 

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

20 agencies; 

21 ‘‘(2) procure the services of experts and con22 sultants in accordance with section 3109 of title 5 

23 relating to appointments in the Federal Service, at 

24 rates of compensation for individuals not to exceed 

25 the daily equivalent of the rate of pay payable under 


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1 level IV of the Executive Schedule under section 

2 5311 of such title; and 

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

4 other agency. 

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

6 Administrator of General Services shall provide to the Di7 rector, on a reimbursable basis, such administrative sup8 port services as the Director may request. 

9 ‘‘§ 1004. National drug control program budget 

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

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

12 of each National Drug Control Program Agency budget 

13 recommendations, including requests for specific initia14 tives that are consistent with the priorities of the Presi15 dent under the National Drug Control Strategy, which 

16 shall— 

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

18 scheduled for formulation under chapter 11, and 

19 each of the 4 subsequent fiscal years; and 

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

21 National Drug Control Strategy. 

22 ‘‘(b) RESPONSIBILITIES OF NATIONAL DRUG CON23 TROL PROGRAM AGENCIES.— 

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

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1 cy shall transmit to the Director a copy of the pro2 posed drug control budget request of such agency at 

3 the same time as that budget request is submitted 

4 to their superiors (and before submission to the Of5 fice of Management and Budget) in the preparation 

6 of the budget of the President submitted to Con7 gress under section 1105(a). 

8 ‘‘(2) SUBMISSION OF DRUG CONTROL BUDGET

9 REQUESTS.—The head of each National Drug Con10 trol Program Agency shall ensure timely develop11 ment and submission to the Director of each pro12 posed drug control budget request transmitted pur13 suant to this subsection, in such format as may be 

14 designated by the Director with the concurrence of 

15 the Director of the Office of Management and Budg16 et. 

17 ‘‘(3) CONTENT OF DRUG CONTROL BUDGET RE18 QUESTS.—A drug control budget request submitted 

19 by the head of a National Drug Control Program 

20 Agency under this subsection shall include all re21 quests for funds for any drug control activity under22 taken by such agency, including demand reduction, 

23 supply reduction, and State, local, and Tribal af24 fairs, including any drug law enforcement activities. 

25 If an activity has both drug control and nondrug 


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1 control purposes or applications, such agency shall 

2 estimate by a documented calculation the total funds 

3 requested for that activity that would be used for 

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

5 basis and method for making the estimate. 

6 ‘‘(c) REVIEW AND CERTIFICATION OF BUDGET RE7 QUESTS AND BUDGET SUBMISSIONS OF NATIONAL DRUG

8 CONTROL PROGRAM AGENCIES.— 

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

10 each drug control budget request submitted to the 

11 Director under subsection (b). 

12 ‘‘(2) REVIEW OF BUDGET REQUESTS.— 

13 ‘‘(A) INADEQUATE REQUESTS.—If the Di14 rector concludes that a budget request sub15 mitted under subsection (b) is inadequate, in 

16 whole or in part, to implement the objectives of 

17 the National Drug Control Strategy with re18 spect to the agency or program at issue for the 

19 year for which the request is submitted, the Di20 rector shall submit to the head of the applicable 

21 National Drug Control Program Agency a writ22 ten description identifying the funding levels 

23 and specific initiatives that would, in the deter24 mination of the Director, make the request ade25 quate to implement those objectives. 


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1 ‘‘(B) ADEQUATE REQUESTS.—If the Direc2 tor concludes that a budget request submitted 

3 under subsection (b) is adequate to implement 

4 the objectives of the National Drug Control 

5 Strategy with respect to the agency or program 

6 at issue for the year for which the request is 

7 submitted, the Director shall submit to the 

8 head of the applicable National Drug Control 

9 Program Agency a written statement con10 firming the adequacy of the request. 

11 ‘‘(C) RECORD.—The Director shall main12 tain a record of each description submitted 

13 under subparagraph (A) and each statement 

14 submitted under subparagraph (B). 

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

16 not confirm the adequacy of any budget request that 

17 requests a level of funding that will not enable 

18 achievement of the goals of the National Drug Con19 trol Strategy, including— 

20 ‘‘(A) requests funding for Federal law en21 forcement activities that do not adequately com22 pensate for transfers of drug enforcement re23 sources and personnel to law enforcement and 

24 investigation activities; 


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1 ‘‘(B) requests funding for law enforcement 

2 activities on the borders of the United States 

3 that do not adequately direct resources to drug 

4 interdiction and enforcement; 

5 ‘‘(C) requests funding for drug treatment 

6 activities that do not provide adequate results 

7 and accountability measures; 

8 ‘‘(D) requests funding for drug treatment 

9 activities that do not adequately support and 

10 enhance Federal drug treatment programs and 

11 capacity; and 

12 ‘‘(E) requests funding for the operations 

13 and management of the Department of Home14 land Security that does not include a specific 

15 request for funds for the Office of Counter16 narcotics Enforcement to carry out its respon17 sibilities under section 878 of the Homeland Se18 curity Act of 2002 (6 U.S.C. 458). 

19 ‘‘(4) AGENCY RESPONSE.— 

20 ‘‘(A) IN GENERAL.—The head of a Na21 tional Drug Control Program Agency that re22 ceives a description under paragraph (2)(A) 

23 shall include the funding levels and initiatives 

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1 sion for that agency to the Office of Manage2 ment and Budget. 

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

4 National Drug Control Program Agency that 

5 has altered its budget submission under this 

6 paragraph shall include as an appendix to the 

7 budget submission for that agency to the Office 

8 of Management and Budget an impact state9 ment that summarizes— 

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

11 under this paragraph; and 

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

13 the ability of that agency to perform its 

14 other responsibilities, including any impact 

15 on specific missions or programs of the 

16 agency. 

17 ‘‘(C) CONGRESSIONAL NOTIFICATION.— 

18 The head of a National Drug Control Program 

19 Agency shall submit a copy of any impact state20 ment under subparagraph (B) to the Senate, 

21 the House of Representatives, and the appro22 priate congressional committees, at the time the 

23 budget for that agency is submitted to Congress 

24 under section 1105(a). 


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1 ‘‘(5) CERTIFICATION OF BUDGET SUBMIS2 SIONS.— 

3 ‘‘(A) IN GENERAL.—At the time a Na4 tional Drug Control Program Agency submits 

5 its budget request to the Office of Management 

6 and Budget, the head of the National Drug 

7 Control Program Agency shall submit a copy of 

8 the budget request to the Director. 

9 ‘‘(B) REVIEW AND CERTIFICATION OF

10 SUBMISSIONS.—The Director shall review each 

11 budget submission submitted under subpara12 graph (A) and submit to the appropriate con13 gressional committees one of the following: 

14 ‘‘(i) A written certification of the 

15 budget request for the agency indicating 

16 such request fully funds the National Drug 

17 Control Programs as necessary to achieve 

18 the goals of the National Drug Control 

19 Strategy, including a written statement ex20 plaining the basis for the determination 

21 that the budget provides sufficient re22 sources for the agency to achieve the goals 

23 of the Strategy. 

24 ‘‘(ii) A written certification of the 

25 budget request for the agency indicating 


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1 such request partially funds the National 

2 Drug Control Programs as necessary to 

3 achieve the goals of the Strategy, including 

4 a written statement explaining the basis 

5 for the determination and identifying the 

6 level of funding sufficient to achieve the 

7 goals of the Strategy. 

8 ‘‘(iii) A written decertification of the 

9 budget request for the agency indicating 

10 the Director is unable to determine wheth11 er such budget request for the agency fully 

12 funds or partially funds the National Drug 

13 Control Programs as necessary to achieve 

14 the goals of the National Drug Control 

15 Strategy, including a written statement 

16 identifying the additional information nec17 essary for the Director to make a deter18 mination on such budget and the level of 

19 funding sufficient to achieve the goals of 

20 the Strategy. 

21 ‘‘(iv) A written decertification of the 

22 budget request for the agency indicating 

23 that such budget is insufficient to fund the 

24 National Drug Control Programs as nec25 essary to achieve the goals of the Strategy, 


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1 including a written statement explaining 

2 the basis for the determination that the 

3 budget is insufficient and identifying the 

4 level of funding sufficient to achieve the 

5 goals of the Strategy. 

6 ‘‘(d) NATIONAL DRUG CONTROL PROGRAM BUDGET

7 PROPOSAL.—For each fiscal year, following the trans8 mission of proposed drug control budget requests to the 

9 Director under subsection (b), the Director shall, in con10 sultation with the head of each National Drug Control 

11 Program Agency and the head of each major national or12 ganization that represents law enforcement officers, agen13 cies, or associations— 

14 ‘‘(1) develop a consolidated National Drug Con15 trol Program budget proposal designed to implement 

16 the National Drug Control Strategy and to inform 

17 Congress and the public about the total amount pro18 posed to be spent on all supply reduction, demand 

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

20 any drug law enforcement, and other drug control 

21 activities by the Federal Government, which shall 

22 conform to the content requirements set forth in 

23 subsection (b)(3) and include— 

24 ‘‘(A) for each National Drug Control Pro25 gram Agency, a list of whether the funding level 


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1 is full, partial, or insufficient to achieve the 

2 goals of the National Drug Control Strategy or 

3 whether the Director is unable to determine 

4 whether the budget request for the agency fully 

5 funds or partially funds the agency’s activities 

6 and contributions as necessary to achieve the 

7 goals of National Drug Control Strategy; 

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

9 which any budget of a National Drug Control 

10 Program Agency with less than full funding 

11 hinders progress on achieving the goals of the 

12 National Drug Control Strategy; and 

13 ‘‘(C) alternative funding structures that 

14 could improve progress on achieving the goals 

15 of the National Drug Control Strategy; and 

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

17 the President and Congress. 

18 ‘‘(e) BUDGET ESTIMATE OR REQUEST SUBMISSION

19 TO CONGRESS.—Whenever the Director submits any 

20 budget estimate or request to the President or the Office 

21 of Management and Budget, the Director shall concur22 rently transmit copies of that estimate or request to the 

23 appropriate congressional committees. 

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


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

2 Program Agency shall submit to Congress a re3 programming or transfer request with respect to any 

4 amount of appropriated funds in an amount exceed5 ing $1,000,000 that is included in the National 

6 Drug Control Program budget unless the request 

7 has been approved by the Director. If the Director 

8 has not responded to a request for reprogramming 

9 subject to this paragraph within 30 days after re10 ceiving notice of the request having been made, the 

11 request shall be deemed approved by the Director 

12 under this paragraph and forwarded to Congress. 

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

14 Control Program Agency may appeal to the Presi15 dent any disapproval by the Director of a re16 programming or transfer request under this sub17 section. 

18 ‘‘§ 1005. National drug control strategy 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) STATEMENT OF DRUG POLICY PRIOR21 ITIES.—The Director shall release a statement of 

22 drug policy priorities in the calendar year of a Presi23 dential inauguration following the inauguration but 

24 not later than April 1. 


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1 ‘‘(2) NATIONAL DRUG CONTROL STRATEGY

2 SUBMITTED BY THE PRESIDENT.—Not later than 

3 the first Monday in February following the year in 

4 which the term of the President commences, the 

5 President shall submit to Congress a National Drug 

6 Control Strategy. 

7 ‘‘(b) DEVELOPMENT OF THE NATIONAL DRUG CON8 TROL STRATEGY.— 

9 ‘‘(1) PROMULGATION.—The Director shall pro10 mulgate the National Drug Control Strategy, which 

11 shall set forth a comprehensive plan to reduce illicit 

12 drug use and the consequences of such illicit drug 

13 use in the United States by limiting the availability 

14 of and reducing the demand for illegal drugs and 

15 promoting prevention, early intervention, treatment, 

16 and recovery support for individuals with substance 

17 use disorders. 

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

19 Director shall seek the support and commitment of 

20 State, local, and Tribal officials in the formulation 

21 and implementation of the National Drug Control 

22 Strategy. 

23 ‘‘(3) STRATEGY BASED ON EVIDENCE.—The Di24 rector shall ensure the National Drug Control Strat25 egy is based on the best available medical and sciVerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925

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1 entific evidence regarding the policies that are most 

2 effective in reducing the demand for and supply of 

3 illegal drugs. 

4 ‘‘(4) PROCESS FOR DEVELOPMENT AND SUB5 MISSION OF NATIONAL DRUG CONTROL STRATEGY.— 

6 In developing and effectively implementing the Na7 tional Drug Control Strategy, the Director— 

8 ‘‘(A) shall consult with— 

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

10 Control Program Agencies; 

11 ‘‘(ii) the United States Interdiction 

12 Coordinator; 

13 ‘‘(iii) the Interdiction Committee; 

14 ‘‘(iv) the appropriate congressional 

15 committees and any other committee of ju16 risdiction; 

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

18 ‘‘(vi) private citizens and organiza19 tions, including community and faith-based 

20 organizations, with experience and exper21 tise in demand reduction; 

22 ‘‘(vii) private citizens and organiza23 tions with experience and expertise in sup24 ply reduction; and 


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1 ‘‘(viii) appropriate representatives of 

2 foreign governments; and 

3 ‘‘(B) in satisfying the requirements of sub4 paragraph (A), shall ensure, to the maximum 

5 extent possible, that State, local, and Tribal of6 ficials and relevant private organizations com7 mit to support and take steps to achieve the 

8 goals and objectives of the National Drug Con9 trol Strategy. 

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

11 STRATEGY.— 

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

13 Strategy submitted under subsection (a)(2) shall in14 clude the following: 

15 ‘‘(A) A description of the current preva16 lence of illicit drug use in the United States, in17 cluding both the availability of illicit drugs and 

18 the prevalence of substance use disorders, which 

19 shall include the following: 

20 ‘‘(i) Such description for the previous 

21 three years for any drug identified as an 

22 emerging threat under section 1009 and 

23 any other illicit drug identified by the Di24 rector as having a significant impact on 

25 the prevalence of illicit drug use. 


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1 ‘‘(ii) A summary of the data and 

2 trends presented in the Drug Control Data 

3 Dashboard required under section 1013. 

4 ‘‘(B) A mission statement detailing the 

5 major functions of the National Drug Control 

6 Program. 

7 ‘‘(C) A list of comprehensive, research8 based, long-range, quantifiable goals for reduc9 ing illicit drug use, including— 

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

11 illicit drugs to be interdicted during the 

12 time period covered by the Strategy; and 

13 ‘‘(ii) the number of individuals to re14 ceive treatment for substance use dis15 orders. 

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

17 in the National Drug Control Strategy will be 

18 achieved, including— 

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

20 Control Program Agencies and each such 

21 agency’s related programs, activities, and 

22 available assets and the role of each such 

23 program, activity, and asset in achieving 

24 the goal; 


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1 ‘‘(ii) a list of relevant stakeholders 

2 and each such stakeholder’s role in achiev3 ing the goal; 

4 ‘‘(iii) an estimate of Federal funding 

5 and other resources needed to achieve each 

6 goal; 

7 ‘‘(iv) an identification of existing or 

8 new coordinating mechanisms needed to 

9 achieve the goal; and 

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

11 in facilitating the achievement of such 

12 goal. 

13 ‘‘(E) For each year covered by the Strat14 egy, a performance evaluation plan for each 

15 goal listed in the National Drug Control Strat16 egy for each National Drug Control Program 

17 Agency, including— 

18 ‘‘(i) specific performance measures for 

19 each National Drug Control Program 

20 Agency and each such agency’s related 

21 programs and activities; 

22 ‘‘(ii) annual and quarterly objectives 

23 and targets for each performance measure; 

24 and 


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1 ‘‘(iii) an estimate of Federal funding 

2 and other resources needed to achieve each 

3 performance measure. 

4 ‘‘(F) A list identifying existing data 

5 sources or a description of data collection need6 ed to evaluate performance, including a descrip7 tion of how the Director will obtain such data. 

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

9 achieving the National Drug Control Strategy 

10 goals and planned actions to address such chal11 lenges; 

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

13 determined, including— 

14 ‘‘(i) a description of each required 

15 consultation and how such consultation 

16 was incorporated; 

17 ‘‘(ii) data, research, or other informa18 tion used to inform the decision; and 

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

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

21 adequate to disrupt drug trafficking orga22 nizations that supply the majority of for23 eign-sourced illicit drugs trafficked into the 

24 United States. 


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

2 budget priorities. 

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

4 and private sector drug control activities to en5 sure that the United States pursues coordinated 

6 and effective drug control at all levels of gov7 ernment. 

8 ‘‘(K) Such statistical data and information 

9 as the Director considers appropriate to dem10 onstrate and assess trends relating to illicit 

11 drug use, the effects and consequences of illicit 

12 drug use (including the effects on children), 

13 supply reduction, demand reduction, drug-re14 lated law enforcement, and the implementation 

15 of the National Drug Control Strategy. 

16 ‘‘(2) ADDITIONAL STRATEGIES.— 

17 ‘‘(A) IN GENERAL.—The Director shall in18 clude in the National Drug Control Strategy 

19 the additional strategies required under this 

20 paragraph and shall comply with the following: 

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

22 strategies to the appropriate congressional 

23 committees and to the Committee on 

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1 resentatives, and the Committee on Home2 land Security and Governmental Affairs 

3 and the Committee on Armed Services of 

4 the Senate. 

5 ‘‘(ii) Issue the additional strategies in 

6 consultation with the head of each relevant 

7 National Drug Control Program Agency 

8 and any relevant official of a State, local 

9 or Tribal government, and the government 

10 of other countries. 

11 ‘‘(iii) Not change any existing agency 

12 authority or construe any strategy de13 scribed under this paragraph to amend or 

14 modify any law governing interagency rela15 tionship but may include recommendations 

16 about changes to such authority or law. 

17 ‘‘(iv) Present separately from the rest 

18 of any strategy described under this para19 graph any information classified under cri20 teria established by an Executive order, or 

21 whose public disclosure, as determined by 

22 the Director or the head of any relevant 

23 National Drug Control Program Agency, 

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1 ment or national security activities of any 

2 Federal, State, local, or Tribal agency. 

3 ‘‘(B) REQUIREMENT FOR SOUTHWEST

4 BORDER COUNTERNARCOTICS.— 

5 ‘‘(i) PURPOSES.—The Southwest Bor6 der Counternarcotics Strategy shall— 

7 ‘‘(I) set forth the Government’s 

8 strategy for preventing the illegal traf9 ficking of drugs across the inter10 national border between the United 

11 States and Mexico, including through 

12 ports of entry and between ports of 

13 entry on that border; 

14 ‘‘(II) state the specific roles and 

15 responsibilities of the relevant Na16 tional Drug Control Program Agen17 cies for implementing that strategy; 

18 and 

19 ‘‘(III) identify the specific re20 sources required to enable the relevant 

21 National Drug Control Program 

22 Agencies to implement that strategy. 

23 ‘‘(ii) SPECIFIC CONTENT RELATED TO

24 DRUG TUNNELS BETWEEN THE UNITED

25 STATES AND MEXICO.—The Southwest 


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1 Border Counternarcotics Strategy shall in2 clude— 

3 ‘‘(I) a strategy to end the con4 struction and use of tunnels and sub5 terranean passages that cross the 

6 international border between the 

7 United States and Mexico for the pur8 pose of illegal trafficking of drugs 

9 across such border; and 

10 ‘‘(II) recommendations for crimi11 nal penalties for persons who con12 struct or use such a tunnel or sub13 terranean passage for such a purpose. 

14 ‘‘(C) REQUIREMENT FOR NORTHERN BOR15 DER COUNTERNARCOTICS STRATEGY.— 

16 ‘‘(i) PURPOSES.—The Northern Bor17 der Counternarcotics Strategy shall— 

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

19 Federal Government for preventing 

20 the illegal trafficking of drugs across 

21 the international border between the 

22 United States and Canada, including 

23 through ports of entry and between 

24 ports of entry on the border; 


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1 ‘‘(II) state the specific roles and 

2 responsibilities of each relevant Na3 tional Drug Control Program Agency 

4 for implementing the strategy; 

5 ‘‘(III) identify the specific re6 sources required to enable the relevant 

7 National Drug Control Program 

8 Agencies to implement the strategy; 

9 ‘‘(IV) be designed to promote, 

10 and not hinder, legitimate trade and 

11 travel; and 

12 ‘‘(V) reflect the unique nature of 

13 small communities along the inter14 national border between the United 

15 States and Canada, ongoing coopera16 tion and coordination with Canadian 

17 law, enforcement authorities, and 

18 variations in the volumes of vehicles 

19 and pedestrians crossing through 

20 ports of entry along the international 

21 border between the United States and 

22 Canada. 

23 ‘‘(ii) SPECIFIC CONTENT RELATED TO

24 CROSS-BORDER INDIAN RESERVATIONS.— 


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1 The Northern Border Counternarcotics 

2 Strategy shall include— 

3 ‘‘(I) a strategy to end the illegal 

4 trafficking of drugs to or through In5 dian reservations on or near the inter6 national border between the United 

7 States and Canada; and 

8 ‘‘(II) recommendations for addi9 tional assistance, if any, needed by 

10 Tribal law enforcement agencies relat11 ing to the strategy, including an eval12 uation of Federal technical and finan13 cial assistance, infrastructure capacity 

14 building, and interoperability defi15 ciencies. 

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

17 of the National Drug Control Strategy that involve 

18 information properly classified under criteria estab19 lished by an Executive order shall be presented to 

20 Congress separately from the rest of the National 

21 Drug Control Strategy. 

22 ‘‘(4) SELECTION OF DATA AND INFORMA23 TION.—In selecting data and information for inclu24 sion under paragraph (1), the Director shall en25 sure— 


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

2 that will permit analysis of current trends 

3 against previously compiled data and informa4 tion where the Director believes such analysis 

5 enhances long-term assessment of the National 

6 Drug Control Strategy; and 

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

8 to permit a standardized and uniform assess9 ment of the effectiveness of drug treatment pro10 grams in the United States. 

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

12 later than the first Monday in February of each year fol13 lowing the year in which the National Drug Control Strat14 egy is submitted pursuant to subsection (a)(2), the Direc15 tor shall submit to the appropriate congressional commit16 tees a supplement to the Strategy that shall include— 

17 ‘‘(1) annual and quarterly quantifiable and 

18 measurable objectives and specific targets to accom19 plish long-term quantifiable goals specified in the 

20 Strategy; and 

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

22 performance evaluation plan for each goal listed in 

23 the Strategy for each National Drug Control Pro24 gram Agency, including— 


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1 ‘‘(A) specific performance measures for 

2 each National Drug Control Program Agency 

3 and each such agency’s related programs and 

4 activities; 

5 ‘‘(B) annual and quarterly objectives and 

6 targets for each performance measure; and 

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

8 other resources needed to achieve each perform9 ance measure. 

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

11 President may submit to Congress a revised National 

12 Drug Control Strategy that meets the requirements of this 

13 section— 

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

15 President, in consultation with the Director, that the 

16 National Drug Control Strategy in effect is not suf17 ficiently effective; or 

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

19 ‘‘§ 1006. Development of an annual national drug con20 trol assessment 

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

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

23 President, Congress, and the appropriate congressional 

24 committees, a report assessing the progress of each Na25 tional Drug Control Program Agency toward achieving the 


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1 annual goals, objectives, and targets contained in the Na2 tional Drug Control Strategy applicable to the prior fiscal 

3 year. 

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

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

6 the head of each National Drug Control Program Agency 

7 shall submit, in accordance with guidance issued by the 

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

9 agency with respect to drug control program goals using 

10 the performance measures for the agency developed under 

11 this section, including progress with respect to— 

12 ‘‘(1) success in achieving the goals of the Na13 tional Drug Control Strategy; 

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

15 sources of illegal drugs; 

16 ‘‘(3) success in expanding access to and in17 creasing the effectiveness of substance use disorder 

18 treatment; 

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

20 United States (and in particular the Southwestern 

21 border of the United States) from penetration by il22 legal narcotics; 

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

24 drug use in the United States; 


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

2 and social consequences of drug use in the United 

3 States; and 

4 ‘‘(7) implementation of drug treatment and pre5 vention programs in the United States and improve6 ments in the adequacy and effectiveness of such pro7 grams. 

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

9 The Director shall include in the annual assessment re10 quired under subsection (a)— 

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

12 the Director under subsection (b); 

13 ‘‘(2) a summary of the progress of each Na14 tional Drug Control Program Agency toward the 

15 drug control program goals of the agency using the 

16 performance measures for the agency developed 

17 under this section; 

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

19 Drug Control Program agency and program in 

20 achieving the National Drug Control Strategy for 

21 the previous year, including a specific evaluation of 

22 whether the applicable goals, measures, objectives, 

23 and targets for the previous year were met; 

24 ‘‘(4) for National Drug Control Program Agen25 cies that administer grant programs, an evaluation 


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1 of the effectiveness of each grant program, including 

2 an accounting of the funds disbursed by the pro3 gram in the prior year and a summary of how those 

4 funds were used by the grantees and sub-grantees 

5 during that period; 

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

7 funds obligated by each National Drug Control Pro8 gram Agency in carrying out the responsibilities of 

9 that agency under the Strategy, including the infor10 mation submitted to the Director under section 

11 1007(b); 

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

13 Emerging Threat Response Plan in effect for the 

14 previous year, including a specific evaluation of 

15 whether the objectives and targets were met and rea16 sons for the success or failure of the previous year’s 

17 plan; 

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

19 funds obligated during the previous fiscal year for 

20 carrying out the media campaign under section 

21 1009(d), including each recipient of funds, the pur22 pose of each expenditure, the amount of each ex23 penditure, any available outcome information, and 

24 any other information necessary to provide a com25 plete accounting of the funds expended; and 


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1 ‘‘(8) the assessments required under this sub2 section shall be based on the Performance Measure3 ment System describe in subsection (d). 

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

5 Director shall include in the annual assessment required 

6 under subsection (a) a national drug control performance 

7 measurement system, that— 

8 ‘‘(1) develops annual, 2-year, and 5-year per9 formance measures, objectives, and targets for each 

10 National Drug Control Strategy goal and objective 

11 established for reducing drug use, availability, and 

12 the consequences of drug use; 

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

14 data that will be used for each performance measure 

15 incorporated into the performance measurement sys16 tem; 

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

18 the National Drug Control Program Agencies that 

19 support the goals and annual objectives of the Na20 tional Drug Control Strategy; 

21 ‘‘(4) evaluates the contribution of demand re22 duction and supply reduction activities implemented 

23 by each National Drug Control Program Agency in 

24 support of the National Drug Control Strategy; 


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1 ‘‘(5) monitors consistency between the drug-re2 lated goals, measures, targets, and objectives of the 

3 National Drug Control Program Agencies and en4 sures that each agency’s goals and budgets support, 

5 and are fully consistent with, the National Drug 

6 Control Strategy; and 

7 ‘‘(6) coordinates the development and imple8 mentation of national drug control data collection 

9 and reporting systems to support policy formulation 

10 and performance measurement, including an assess11 ment of— 

12 ‘‘(A) the quality of current drug use meas13 urement instruments and techniques to measure 

14 supply reduction and demand reduction activi15 ties; 

16 ‘‘(B) the adequacy of the coverage of exist17 ing national drug use measurement instruments 

18 and techniques to measure the illicit drug user 

19 population, and groups that are at risk for il20 licit drug use; 

21 ‘‘(C) the adequacy of the coverage of exist22 ing national treatment outcome monitoring sys23 tems to measure the effectiveness of substance 

24 use disorder treatment in reducing illicit drug 

25 use and criminal behavior during and after the 


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1 completion of substance use disorder treatment; 

2 and 

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

4 correct any deficiencies and limitations identi5 fied pursuant to subparagraphs (A), (B), and 

6 (C). 

7 ‘‘(e) MODIFICATIONS.—A description of any modi8 fications made during the preceding year to the national 

9 drug performance measurement system described in sub10 section (d) shall be included in each report submitted 

11 under subsection (a). 

12 ‘‘(f) ANNUAL REPORT ON CONSULTATION.—The Di13 rector shall include in the annual assessment required 

14 under subsection (a)— 

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

16 has consulted with and assisted State, local, and 

17 Tribal governments with respect to the formulation 

18 and implementation of the National Drug Control 

19 Strategy and other relevant issues; and 

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

21 trends in, demand reduction activities by private sec22 tor entities and community-based organizations, in23 cluding faith-based organizations, to determine their 

24 effectiveness and the extent of cooperation, coordina25 tion, and mutual support between such entities and 


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1 organizations and Federal, State, local, and Tribal 

2 government agencies. 

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

4 ‘‘(1) DESIGNATION.—The Director shall des5 ignate or appoint a United States Performance6 Budget Coordinator to— 

7 ‘‘(A) ensure the Director has sufficient in8 formation about the performance of each Na9 tional Drug Control Program Agency, the im10 pact Federal funding has had on the goals in 

11 the Strategy, and the likely contributions to the 

12 goals of the Strategy based on funding levels of 

13 each National Drug Control Program Agency, 

14 to make an independent assessment of the 

15 budget request of each agency under section 

16 1004; 

17 ‘‘(B) advise the Director on agency budg18 ets, performance measures and targets, and ad19 ditional data and research needed to make in20 formed policy decisions in the National Drug 

21 Control Budget and Strategy; and 

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

23 the Director with respect to measuring or as24 sessing performance or agency budgets. 


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1 ‘‘(2) DETERMINATION OF POSITION.—The Di2 rector shall determine whether the coordinator posi3 tion is a career or noncareer position in the Senior 

4 Executive Service. 

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

6 control program 

7 ‘‘(a) IN GENERAL.—The Director shall monitor im8 plementation of the National Drug Control Program and 

9 the activities of the National Drug Control Program Agen10 cies in carrying out the goals and objectives of the Na11 tional Drug Control Strategy including— 

12 ‘‘(1) conducting program and performance au13 dits and evaluations; and 

14 ‘‘(2) requesting assistance from the Inspector 

15 General of the relevant agency in such audits and 

16 evaluations. 

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

18 than December 1 of each year and in accordance with 

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

20 Drug Control Program Agency shall submit to the Direc21 tor a detailed accounting of all funds expended by the 

22 agency for National Drug Control Program activities dur23 ing the previous fiscal year and shall ensure such detailed 

24 accounting is authenticated by the Inspector General for 

25 such agency prior to submission to the Director. 


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

2 National Drug Control Program Agency if its activities 

3 are not in compliance with the responsibilities of the agen4 cy under the National Drug Control Strategy, transmit 

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

6 appropriate congressional committees, and maintain a 

7 copy of each such notification. 

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

9 such recommendations to the President and the appro10 priate congressional committees as the Director deter11 mines are appropriate regarding changes in the organiza12 tion, management, and budgets of the National Drug Con13 trol Program Agencies, and changes in the allocation of 

14 personnel to and within those agencies, to implement the 

15 policies, goals, priorities, and objectives established under 

16 section 1002(c)(1) and the National Drug Control Strat17 egy. 

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

19 drug control program 

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

21 and oversee the implementation by the National Drug 

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

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

24 the fulfillment of the responsibilities of such agencies 

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1 ommendations to National Drug Control Program Agency 

2 heads with respect to implementation of National Drug 

3 Control Programs. 

4 ‘‘(b) DETAILING EMPLOYEES TO OTHER AGEN5 CIES.— 

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

7 head of an agency or program of the Federal Gov8 ernment to place agency personnel who are engaged 

9 in drug control activities on temporary detail to an10 other agency in order to implement the National 

11 Drug Control Strategy. 

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

13 agency shall comply with such a request. 

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

15 maximum number of personnel who may be detailed 

16 to another agency (including the Office) under this 

17 subsection during any fiscal year is— 

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

19 and 

20 ‘‘(B) for any other agency, 10. 

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

22 may transfer funds made available to a National Drug 

23 Control Program Agency for National Drug Control Strat24 egy programs and activities to another account within 

25 such agency or to another National Drug Control Program 


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1 Agency for National Drug Control Strategy programs and 

2 activities, except that— 

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

4 limited in an annual appropriations Act or other 

5 provision of Federal law; 

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

7 under this subsection only with the concurrence of 

8 the head of each affected agency; 

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

10 total amount of transfers under this subsection may 

11 not exceed 3 percent of the total amount of funds 

12 made available for National Drug Control Strategy 

13 programs and activities to the agency from which 

14 those funds are to be transferred; 

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

16 subsection may only be used to increase the funding 

17 for programs or activities authorized by law; 

18 ‘‘(5) the Director shall— 

19 ‘‘(A) submit to the appropriate congres20 sional committees and any other applicable 

21 committees of jurisdiction, a reprogramming or 

22 transfer request in advance of any transfer 

23 under this subsection in accordance with the 

24 regulations of the affected agency or agencies; 

25 and 


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1 ‘‘(B) annually submit to the appropriate 

2 congressional committees a report describing 

3 the effect of all transfers of funds made pursu4 ant to this subsection or section 1004(f) during 

5 the 12-month period preceding the date on 

6 which the report is submitted; and 

7 ‘‘(6) funds may only be used for— 

8 ‘‘(A) expansion of demand reduction activi9 ties; 

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

11 high seas, in United States territorial waters, 

12 and at United States ports of entry by officers 

13 and employees of Drug Control Program Agen14 cies and domestic and foreign law enforcement 

15 officers; 

16 ‘‘(C) accurate assessment and monitoring 

17 of international drug production and interdic18 tion programs and policies; 

19 ‘‘(D) activities to facilitate and enhance 

20 the sharing of domestic and foreign intelligence 

21 information among Drug Control Program 

22 Agencies related to the production and traf23 ficking of drugs in the United States and for24 eign countries; and 


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

2 prescription drugs for illicit use and research 

3 related to any of these activities. 

4 ‘‘(d) DIRECTING FEDERAL FUNDING TO RESPOND

5 TO EMERGING THREATS.— 

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

7 funds made available to a National Drug Control 

8 Program Agency for National Drug Control Strategy 

9 programs and activities to another account within 

10 such agency or to another National Drug Control 

11 Program Agency for National Drug Control Strategy 

12 programs and activities to implement the provisions 

13 of a plan developed under section 1009, except 

14 that— 

15 ‘‘(A) the authority under this subsection 

16 may be limited in an annual appropriations Act 

17 or other provision of Federal law; 

18 ‘‘(B) in the case of an interagency trans19 fer, the total amount of transfers under this 

20 subsection may not exceed 10 percent of the 

21 total amount of funds made available for Na22 tional Drug Control Strategy programs and ac23 tivities to the agency from which those funds 

24 are to be transferred; 


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

2 this subsection may only be used to increase the 

3 funding for programs or activities authorized by 

4 law; 

5 ‘‘(D) no transfer of funds under this sub6 section may result in a reduction in total Fed7 eral expenditures for substance use disorder 

8 treatment; 

9 ‘‘(E) the Director shall— 

10 ‘‘(i) submit to the appropriate con11 gressional committees and any other appli12 cable committees of jurisdiction, a re13 programming or transfer request in ad14 vance of any transfer under this subsection 

15 in accordance with the regulations of each 

16 affected agency; and 

17 ‘‘(ii) annually submit to the appro18 priate congressional committees a report 

19 describing the effect of all transfers of 

20 funds made pursuant to this subsection or 

21 section 1004(f) during the 12-month pe22 riod preceding the date on which the report 

23 is submitted; and 

24 ‘‘(F) funds may only be used for— 


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1 ‘‘(i) expansion of demand reduction 

2 activities; 

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

4 high seas, in United States territorial 

5 waters, and at United States ports of entry 

6 by officers and employees of Drug Control 

7 Program agencies and domestic and for8 eign law enforcement officers; 

9 ‘‘(iii) accurate assessment and moni10 toring of international drug production and 

11 interdiction programs and policies; 

12 ‘‘(iv) activities to facilitate and en13 hance the sharing of domestic and foreign 

14 intelligence information among Drug Con15 trol Program Agencies related to the pro16 duction and trafficking of drugs in the 

17 United States and foreign countries; and 

18 ‘‘(v) activities to prevent the diversion 

19 of prescription drugs for illicit use and re20 search related to any of these activities. 

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

22 the authority under this subsection is inadequate to 

23 implement the provisions of a plan developed under 

24 section 1009, the Director shall submit a request for 


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1 funding to Congress as soon as the Director becomes 

2 aware of the need for additional funding. 

3 ‘‘(e) FUND CONTROL NOTICES.— 

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

5 the head of a National Drug Control Program Agen6 cy a fund control notice to ensure compliance with 

7 the National Drug Control Program Strategy. A 

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

9 amount appropriated to the National Drug Control 

10 Program Agency account be obligated by— 

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

12 time periods; and 

13 ‘‘(B) activities, functions, projects, or ob14 ject classes. 

15 ‘‘(2) UNAUTHORIZED OBLIGATION OR EXPENDI16 TURE PROHIBITED.—An officer or employee of a 

17 National Drug Control Program Agency shall not 

18 make or authorize an expenditure or obligation con19 trary to a fund control notice issued by the Director. 

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

21 In the case of a violation of paragraph (2) by an of22 ficer or employee of a National Drug Control Pro23 gram Agency, the head of the agency, upon the re24 quest of and in consultation with the Director, may 

25 subject the officer or employee to appropriate adVerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925

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1 ministrative discipline, including, when cir2 cumstances warrant, suspension from duty without 

3 pay or removal from office. 

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

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

6 Director shall submit a copy of such fund control 

7 notice to the appropriate congressional committees 

8 and make such notice publicly available. 

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

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

11 of an amount appropriated to the National Drug 

12 Control Program Agency account be obligated, modi13 fied, or altered in any manner contrary, in whole or 

14 in part, to a specific appropriation or statute. 

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

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

17 under subchapter II or III. 

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

19 The Director may participate in the drug certification 

20 process pursuant to section 490 of the Foreign Assistance 

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

22 Department of State Authorization Act for Fiscal Year 

23 2003 (22 U.S.C. 229j–l). 

24 ‘‘(h) CERTIFICATIONS OF POLICY CHANGES TO DI25 RECTOR.— 


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

2 the head of a National Drug Control Program Agen3 cy shall, unless exigent circumstances require other4 wise, notify the Director in writing regarding any 

5 proposed change in policies relating to the activities 

6 of that agency under the National Drug Control 

7 Program prior to implementation of such change. 

8 The Director shall promptly review such proposed 

9 change and certify to the head of that agency in 

10 writing whether such change is consistent with the 

11 National Drug Control Strategy. 

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

13 change under paragraph (1) is not practicable— 

14 ‘‘(A) the head of the National Drug Con15 trol Program Agency shall notify the Director 

16 of the proposed change as soon as practicable; 

17 and 

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

19 shall review the change and certify to the head 

20 of that agency in writing whether the change is 

21 consistent with the National Drug Control 

22 Strategy. 

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

24 NATIONAL SECURITY AFFAIRS.—The Director shall, in 

25 any matter affecting national security interests, work in 


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1 conjunction with the Assistant to the President for Na2 tional Security Affairs. 

3 ‘‘§ 1009. Emerging threats taskforce, plan, media cam4 paign 

5 ‘‘(a) EMERGING THREATS TASK FORCE.— 

6 ‘‘(1) EMERGING AND CONTINUING THREATS CO7 ORDINATOR.—The Director shall designate or ap8 point a United States Emerging and Continuing 

9 Threats Coordinator to perform the duties of that 

10 position described in this section and such other du11 ties as may be determined by the Director. The Di12 rector shall determine whether the coordinator posi13 tion is a career or noncareer position in the Senior 

14 Executive Service. 

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

16 Emerging and Continuing Threats Coordinator (re17 ferred to in this section as the ‘Coordinator’) shall 

18 monitor evolving and emerging drug threats in the 

19 United States and shall serve as Chair of an Emerg20 ing Threats Task Force (in this section, referred to 

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

22 members of the Task force, which shall include rep23 resentatives from— 

24 ‘‘(A) National Drug Control Program 

25 Agencies or other agencies; 


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

2 and 

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

4 necessary by the Director. 

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

6 shall disseminate and facilitate the sharing with 

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

8 entities as determined by the Director of pertinent 

9 information and data relating to the following: 

10 ‘‘(A) Recent trends in drug supply and de11 mand. 

12 ‘‘(B) Drug overdose deaths. 

13 ‘‘(C) Substance use disorder treatment ad14 mission trends. 

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

16 supply, and demand from State, local, and 

17 Tribal law enforcement agencies. 

18 ‘‘(E) Other subject matter as determined 

19 necessary by the Director. 

20 ‘‘(4) CRITERIA TO IDENTIFY EMERGING DRUG

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

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

23 develop and recommend to the Director criteria to be 

24 used to identify an emerging drug threat or the ter25 mination of an emerging drug threat designation 


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1 based on information gathered by the task force in 

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

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

4 person not less frequently than quarterly and at ad5 ditional meetings if determined to be necessary by 

6 and at the call of the Chair to— 

7 ‘‘(A) identify and discuss evolving and 

8 emerging drug trends in the United States 

9 using the criteria established in paragraph (3); 

10 ‘‘(B) formulate the plan described in sub11 section (c); 

12 ‘‘(C) oversee implementation of the plan 

13 described in subsection (c); and 

14 ‘‘(D) provide such other advice to the Co15 ordinator and Director concerning strategy and 

16 policies for emerging drug threats and trends as 

17 the task force determines to be appropriate. 

18 ‘‘(b) DESIGNATION.— 

19 ‘‘(1) IN GENERAL.—The Director, in consulta20 tion with the Coordinator, the task force, and the 

21 head of each National Drug Control Program Agen22 cy, may designate an emerging drug threat in the 

23 United States. 

24 ‘‘(2) STANDARDS FOR DESIGNATION.—The Di25 rector, in consultation with the Coordinator, shall 


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1 promulgate and make publicly available standards by 

2 which a designation under paragraph (1) and the 

3 termination of such designation may be made. In de4 veloping such standards, the Director shall consider 

5 the recommendations of the task force and other cri6 teria the Director considers to be appropriate. 

7 ‘‘(3) PUBLIC STATEMENT REQUIRED.—The Di8 rector shall publish a public written statement on 

9 the portal of the Office explaining the designation of 

10 an emerging drug threat or the termination of such 

11 designation and shall notify the appropriate congres12 sional committees of the availability of such state13 ment when a designation or termination of such des14 ignation has been made. 

15 ‘‘(c) PLAN.— 

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

17 later than 60 days after making a designation under 

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

19 publicly available an Emerging Threat Response 

20 Plan and notify the President and the appropriate 

21 congressional committees of such plan’s availability. 

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

23 90 days after the date on which the plan is pub24 lished under paragraph (1), the Director shall up25 date the plan and report on implementation of the 


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1 plan, until the Director issues the public statement 

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

3 emerging threat designation. 

4 ‘‘(3) CONTENTS OF AN EMERGING THREAT RE5 SPONSE PLAN.—The Director shall include in the 

6 plan— 

7 ‘‘(A) a comprehensive strategic assessment 

8 of the emerging drug threat, including the cur9 rent status of prevention, treatment, and en10 forcement efforts surrounding the emerging 

11 drug threat; 

12 ‘‘(B) comprehensive, research-based, long13 range, quantifiable goals for addressing the 

14 emerging drug threat; 

15 ‘‘(C) performance measures pertaining to 

16 the plan’s goals, including quantifiable and 

17 measurable objectives and specific targets; 

18 ‘‘(D) the level of funding needed to imple19 ment the plan, including whether funding is 

20 available to be reprogrammed or transferred to 

21 support implementation of the plan or whether 

22 additional appropriations are necessary to im23 plement the plan; 

24 ‘‘(E) an implementation strategy for the 

25 education and public awareness campaign under 


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1 subsection (d), including goals as described 

2 under subparagraph (B) and performance 

3 measures, objectives, and targets, as described 

4 under subparagraph (C); and 

5 ‘‘(F) any other information necessary to 

6 inform the public of the status, progress, or re7 sponse of an emerging drug threat. 

8 ‘‘(4) IMPLEMENTATION.— 

9 ‘‘(A) IN GENERAL.—Not later than 90 

10 days after the date on which a designation is 

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

12 consultation with the President, the appropriate 

13 congressional committees, and the head of each 

14 National Drug Control Program Agency, shall 

15 issue guidance on implementation of the plan 

16 described in subsection (c) to the National 

17 Drug Control Program Agencies and any other 

18 relevant agency determined to be necessary by 

19 the Director. 

20 ‘‘(B) COORDINATOR’S RESPONSIBIL21 ITIES.—The Coordinator shall— 

22 ‘‘(i) direct the implementation of the 

23 plan among the agencies identified in the 

24 plan, State, local, and Tribal governments, 

25 and other relevant entities; 


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1 ‘‘(ii) facilitate information-sharing be2 tween agencies identified in the plan, 

3 State, local, and Tribal governments, and 

4 other relevant entities; and 

5 ‘‘(iii) monitor implementation of the 

6 plan by coordinating the development and 

7 implementation of collection and reporting 

8 systems to support performance measure9 ment and adherence to the plan by agen10 cies identified in plan, where appropriate. 

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

12 days after designation under subsection (b) and 

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

14 of each agency identified in the plan shall sub15 mit to the Coordinator a report on implementa16 tion of the plan. 

17 ‘‘(d) EDUCATION AND PUBLIC AWARENESS CAM18 PAIGN FOR EMERGING DRUG THREATS.— 

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

20 after a designation under subsection (b), the Direc21 tor shall establish and implement an evidence-based 

22 substance use prevention education and public 

23 awareness campaign to inform the public about the 

24 dangers of any drug designated as an emerging drug 

25 threat. Such campaign shall— 


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

2 of such drug, including patient and family edu3 cation about the characteristics and hazards of 

4 such drugs and methods to safeguard against 

5 such dangers, including the safe disposal of 

6 such drugs; 

7 ‘‘(B) support evidence-based prevention 

8 programs targeting audiences’ attitudes, percep9 tions, and beliefs concerning substance use and 

10 intentions to initiate or continue such use; 

11 ‘‘(C) increase awareness of the negative 

12 consequences of drug use; 

13 ‘‘(D) encourage individuals affected by 

14 substance use disorders to seek treatment and 

15 provide such individuals with information on 

16 how to recognize addiction issues, what forms 

17 of evidence-based treatment options are avail18 able, and how to access such treatment; and 

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

20 substance use disorders, including the stigma of 

21 treating such disorders with medication-assisted 

22 treatment therapies. 

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

24 campaign under paragraph (1), the Secretary shall 

25 consult with— 


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

2 Drug Control Program Agency to obtain advice 

3 on evidence-based scientific information for pol4 icy, program development, and evaluation; 

5 ‘‘(B) experts in evidence-based media cam6 paigns, education, evaluation, and communica7 tion; 

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

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

10 officials and relevant agencies; 

11 ‘‘(E) the public; 

12 ‘‘(F) appropriate congressional committees; 

13 and 

14 ‘‘(G) any other affected person. 

15 ‘‘(3) GIFTS AND DONATIONS.— 

16 ‘‘(A) IN GENERAL.—The Director may ac17 cept gifts and donations (in cash or in kind, in18 cluding voluntary and uncompensated services 

19 or property), which shall be available until ex20 pended, for the purpose of supporting the edu21 cation and outreach campaign authorized in 

22 this section, including the media campaign. 

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

24 shall establish written guidelines setting forth 

25 the criteria to be used in determining whether 


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1 a gift or donation should be declined under this 

2 section because the acceptance of the gift or do3 nation would— 

4 ‘‘(i) reflect unfavorably upon the abil5 ity of the Director or the Office, or any 

6 employee of the Office, to carry out re7 sponsibilities or official duties under this 

8 chapter in a fair and objective manner; or 

9 ‘‘(ii) compromise the integrity or the 

10 appearance of integrity of programs or 

11 services provided under this chapter or of 

12 any official involved in those programs or 

13 services. 

14 ‘‘(C) ANNUAL REPORT REQUIRED.—Not 

15 later than the first Monday in the February of 

16 each year, the Director shall submit to the ap17 propriate congressional committees an annual 

18 report that identifies the sources of any gift or 

19 donation accepted by the Office or any con20 tractor acting on behalf of the Office, under 

21 this subsection, including the value of each gift 

22 and donation provided by each source of the 

23 gift. 

24 ‘‘(4) IMPLEMENTATION.— 


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1 ‘‘(A) IN GENERAL.—For any campaign es2 tablished under this subsection, the Director 

3 shall ensure the following: 

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

5 meets accepted standards for public aware6 ness campaigns, and uses available re7 sources in a manner to make the most 

8 progress toward achieving the goals identi9 fied in the emerging threats plan and para10 graph (1). 

11 ‘‘(ii) Information disseminated 

12 through the campaign is accurate. 

13 ‘‘(iii) The Director approves the strat14 egy of the campaign, all material distrib15 uted through the campaign, and the use of 

16 any Federal funds used for the campaign. 

17 ‘‘(iv) The campaign is designed using 

18 strategies found to be most effective at 

19 achieving such goals, which may include— 

20 ‘‘(I) a media campaign, as de21 scribed in subparagraph (B); 

22 ‘‘(II) local, regional, or popu23 lation specific messaging; 

24 ‘‘(III) establishing partnerships 

25 and promoting coordination among 


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1 community stakeholders, including 

2 public, nonprofit organizations, and 

3 for profit entities; 

4 ‘‘(IV) providing support, train5 ing, and technical assistance to estab6 lish and expand school and commu7 nity prevention programs; 

8 ‘‘(V) creating websites to pub9 licize and disseminate information; 

10 ‘‘(VI) conducting outreach and 

11 providing educational resources for 

12 parents; 

13 ‘‘(VII) establishing State or re14 gional advisory councils to provide 

15 input and recommendations to raise 

16 awareness regarding the drug des17 ignated as an emerging drug threat; 

18 ‘‘(VIII) collaborating with law 

19 enforcement; and 

20 ‘‘(IX) support for school-based 

21 public health education classes to im22 prove teen knowledge about the effects 

23 of such designated drug. 


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1 ‘‘(B) MEDIA CAMPAIGN.—Any campaign 

2 implemented under this subsection may include 

3 a media component, which— 

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

5 use of the drug designated as an emerging 

6 drug threat and to achieve the goals of 

7 paragraph (1); 

8 ‘‘(ii) shall be carried out through com9 petitively awarded contracts to entities pro10 viding for the professional production and 

11 design of such campaign; and 

12 ‘‘(iii) may include the use of tele13 vision, radio, Internet, social media, and 

14 other commercial marketing venues and 

15 may be targeted to specific age groups 

16 based on peer-reviewed social research. 

17 ‘‘(C) REQUIRED NOTICE FOR COMMUNICA18 TION FROM THE OFFICE.—Any communication, 

19 including an advertisement, paid for or other20 wise disseminated by the Office directly or 

21 through a contract awarded by the Office shall 

22 include a prominent notice informing the audi23 ence that the communication was a paid for by 

24 of the Office. 

25 ‘‘(5) EVALUATION.— 


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1 ‘‘(A) PERFORMANCE EVALUATION.—The 

2 Director shall include an evaluation of the cam3 paign in the annual assessment under section 

4 1006, which shall include the following: 

5 ‘‘(i) A performance evaluation of the 

6 campaign, including progress toward meet7 ing the goals, objectives, measures, and 

8 targets identified in the emerging threats 

9 plan. 

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

11 practices to eliminate the potential for 

12 waste, fraud, abuse, and to ensure Federal 

13 funds are used responsibly. 

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

15 agreements entered into to implement the 

16 campaign. 

17 ‘‘(iv) The results of any financial 

18 audit of the campaign. 

19 ‘‘(v) A description of any evidence 

20 used to develop the campaign. 

21 ‘‘(B) INDEPENDENT EVALUATION.—Not 

22 later than 180 days after establishing a cam23 paign under paragraph (1) and not less than 

24 frequently than every two years thereafter, the 

25 Director shall— 


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1 ‘‘(i) designate an independent entity 

2 to evaluate the effectiveness of the cam3 paign with meeting the goals established in 

4 the emerging threat plan and paragraph 

5 (1); and 

6 ‘‘(ii) submit the results of the inde7 pendent evaluation to the appropriate con8 gressional committees. 

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

10 amounts made available under this subsection may 

11 be obligated for any of the following: 

12 ‘‘(A) To supplant current anti-drug com13 munity-based coalitions. 

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

15 time donated by national and local broadcasting 

16 network for other public services campaigns. 

17 ‘‘(C) For partisan political purposes, or ex18 press advocacy in support of or to defeat any 

19 clearly identified candidate, clearly identified 

20 ballot initiative, or clearly identified legislative 

21 or regulatory proposal. 

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

23 particular company, industry association, or ad24 vocacy group or the explicit policy positions 

25 held by such groups. 


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

2 type of substance use disorder treatment, treat3 ment facility, medical provider, or form of medi4 cation assisted treatment. 

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

6 any elected officials, persons seeking elected of7 fice, cabinet level officials, or other Federal offi8 cials employed pursuant to section 213 of 

9 Schedule C of title 5, Code of Federal Regula10 tions. 

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

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

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

14 through 2023. 

15 ‘‘§ 1010. National and international coordination 

16 ‘‘(a) DISSEMINATION OF RESEARCH AND INFORMA17 TION TO STATES.—The Director shall ensure that drug 

18 control research and information is effectively dissemi19 nated by National Drug Control Program Agencies to 

20 State and local governments and nongovernmental entities 

21 involved in demand reduction by— 

22 ‘‘(1) encouraging formal consultation between 

23 any such agency that conducts or sponsors research, 

24 and any such agency that disseminates information 


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1 in developing research and information product de2 velopment agendas; 

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

4 to develop and implement dissemination plans that 

5 specifically target State and local governments and 

6 nongovernmental entities involved in demand reduc7 tion; and 

8 ‘‘(3) supporting the substance abuse informa9 tion clearinghouse administered by the Adminis10 trator of the Substance Abuse and Mental Health 

11 Services Administration and established in section 

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

13 ‘‘(A) encouraging all National Drug Con14 trol Program Agencies to provide all appro15 priate and relevant information; and 

16 ‘‘(B) supporting the dissemination of infor17 mation to all interested entities. 

18 ‘‘(b) STANDARDS.— 

19 ‘‘(1) DEVELOPMENT.—The Director shall co20 ordinate the development of evidence-based stand21 ards developed by National Drug Control Program 

22 Agencies and other relevant agencies and non-Fed23 eral entities to State, local, and Tribal governments 

24 and nongovernmental entities related to drug control 


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1 policies, practices, and procedures, such as the inves2 tigation of drug-related deaths, by— 

3 ‘‘(A) encouraging appropriate agencies and 

4 State, local, and Tribal governments to develop 

5 data standards for drug control practices and 

6 procedures and related statistical data; 

7 ‘‘(B) encouraging information sharing be8 tween appropriate agencies and State, local, 

9 and Tribal governments of relevant drug control 

10 information and data; 

11 ‘‘(C) establishing a working group of agen12 cies, State, local, and Tribal governments, and 

13 other relevant stakeholders to discuss and de14 velop such standards; and 

15 ‘‘(D) facilitating collaboration among agen16 cies, non-Federal entities, States, local, and 

17 Tribal governments, and nongovernmental 

18 agencies. 

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

20 promote the implementation of the standards de21 scribed in paragraph (1) by— 

22 ‘‘(A) encouraging adoption by providing 

23 the standards to State and local governments 

24 through the internet, annual publications or 


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1 periodicals, and other widely-disseminated 

2 means; 

3 ‘‘(B) facilitating the use and dissemination 

4 of such standards among State and local gov5 ernments by— 

6 ‘‘(i) providing technical assistance to 

7 State, local, and Tribal governments seek8 ing to adopt or implement such standards; 

9 and 

10 ‘‘(ii) coordinating seminars and train11 ing sessions for State, local, and Tribal 

12 governments seeking to adopt or imple13 ment such standards. 

14 ‘‘(c) PRIVATE SECTOR.— 

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

16 of a National Drug Control Program (as designated 

17 by the Director) shall coordinate with the private 

18 sector to promote private research and development 

19 of medications to treat or prevent addiction, includ20 ing research and development for non-addictive pain 

21 management medication, abuse deterrent formula22 tions, medication-assisted treatment, and other ad23 diction research determined to be necessary by the 

24 Director by— 


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1 ‘‘(A) encouraging the sharing of informa2 tion regarding evidence-based treatment addic3 tion findings and related data between agencies 

4 and the private sector, as appropriate; 

5 ‘‘(B) encouraging collaboration between 

6 appropriate agencies and the private sector; and 

7 ‘‘(C) providing private sector entities with 

8 relevant statistical data and information to en9 hance research as permissible. 

10 ‘‘(2) WORKING GROUP.—The Director may es11 tablish a working group of National Drug Control 

12 Program Agencies, State, local, and Tribal govern13 ments, and the private sector stakeholders to discuss 

14 and disseminate best practices, research and devel15 opment, and other related issues, as appropriate. 

16 ‘‘(d) MODEL ACTS PROGRAM.— 

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

18 for or shall enter into an agreement with a nonprofit 

19 organization to— 

20 ‘‘(A) advise States on establishing laws 

21 and policies to address illicit drug use issues; 

22 and 

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

24 and draft supplementary model State laws to 


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1 take into consideration changes in illicit drug 

2 use issues in the State involved. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

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

6 2019 through 2023. 

7 ‘‘(e) DRUG COURT TRAINING AND TECHNICAL AS8 SISTANCE PROGRAM.— 

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

10 make a grant to a nonprofit organization for the 

11 purpose of providing training and technical assist12 ance to drug courts. 

13 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

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

16 2019 through 2023. 

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

18 shall facilitate international drug control coordination ef19 forts. 

20 ‘‘(g) STATE, LOCAL, AND TRIBAL AFFAIRS COORDI21 NATOR.—The Director shall designate or appoint a United 

22 States State, Local, and Tribal Affairs Coordinator to per23 form the duties of the Office outlined in this section and 

24 section 1005 and such other duties as may be determined 

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

2 governments. The Director shall determine whether the 

3 coordinator position is a career or noncareer position in 

4 the Senior Executive Service. 

5 ‘‘§ 1011. Interdiction 

6 ‘‘(a) UNITED STATES INTERDICTION COORDI7 NATOR.— 

8 ‘‘(1) IN GENERAL.—The Director shall des9 ignate or appoint a United States Interdiction Coor10 dinator to perform the duties of that position de11 scribed in paragraph (2) and such other duties as 

12 may be determined by the Director with respect to 

13 coordination of efforts to interdict illicit drugs from 

14 entering the United States. 

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

16 Interdiction Coordinator shall be responsible to the 

17 Director for— 

18 ‘‘(A) coordinating the interdiction activities 

19 of the National Drug Control Program Agen20 cies to ensure consistency with the National 

21 Drug Control Strategy; 

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

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

24 and in accordance with paragraph (4), a Na25 tional Interdiction Command and Control Plan 


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1 to ensure the coordination and consistency de2 scribed in subparagraph (A); 

3 ‘‘(C) assessing the sufficiency of assets 

4 committed to illicit drug interdiction by the rel5 evant National Drug Control Program Agen6 cies; and 

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

8 of each National Drug Control Program Agency 

9 to implement the National Interdiction Com10 mand and Control Plan. 

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

12 permanent staff of the Office as he considers appro13 priate to assist the United States Interdiction Coor14 dinator to carry out the responsibilities described in 

15 paragraph (2), and may request that appropriate 

16 National Drug Control Program Agencies detail or 

17 assign staff to assist in carrying out such activities. 

18 ‘‘(4) NATIONAL INTERDICTION COMMAND AND

19 CONTROL PLAN.— 

20 ‘‘(A) PURPOSES.—The National Interdic21 tion Command and Control Plan— 

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

23 strategy for drug interdiction; 

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

25 responsibilities of the relevant National 


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1 Drug Control Program Agencies for imple2 menting that strategy; 

3 ‘‘(iii) shall identify the specific re4 sources required to enable the relevant Na5 tional Drug Control Program Agencies to 

6 implement that strategy; and 

7 ‘‘(iv) may include recommendations 

8 about changes to existing agency authori9 ties or laws governing interagency relation10 ships. 

11 ‘‘(B) CONSULTATION WITH OTHER AGEN12 CIES.—Before the submission of the National 

13 Drug Control Strategy or annual supplement 

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

15 the United States Interdiction Coordinator shall 

16 issue the National Interdiction Command and 

17 Control Plan, in consultation with the other 

18 members of the Interdiction Committee de19 scribed in subsection (c). 

20 ‘‘(C) REPORT TO CONGRESS.—On or be21 fore March 1 of each year, the Director, 

22 through the United States Interdiction Coordi23 nator, shall provide to the appropriate congres24 sional committees, to the Committee on Armed 

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1 rity of the House of Representatives, and to the 

2 Committee on Homeland Security and Govern3 mental Affairs and the Committee on Armed 

4 Services of the Senate, a report that includes— 

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

6 Interdiction Command and Control Plan; 

7 ‘‘(ii) information for the previous 10 

8 years regarding the number and type of 

9 seizures of drugs by each National Drug 

10 Control Program Agency conducting drug 

11 interdiction activities and statistical infor12 mation on the geographic areas of such 

13 seizures; and 

14 ‘‘(iii) information for the previous 10 

15 years regarding the number of air and 

16 maritime patrol hours undertaken by each 

17 National Drug Control Program Agency 

18 conducting drug interdiction activities and 

19 statistical information on the geographic 

20 areas in which such patrol hours took 

21 place. 

22 ‘‘(D) CLASSIFIED ANNEX.—The report 

23 submitted pursuant to subparagraph (C) may 

24 include a classified annex. 

25 ‘‘(b) INTERDICTION COMMITTEE.— 


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1 ‘‘(1) IN GENERAL.—The Interdiction Com2 mittee shall meet to— 

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

4 the coordination, oversight, and integration of 

5 international, border, and domestic drug inter6 diction efforts in support of the National Drug 

7 Control Strategy; 

8 ‘‘(B) review the annual National Interdic9 tion Command and Control Plan, and provide 

10 advice to the Director and the United States 

11 Interdiction Coordinator concerning that plan; 

12 and 

13 ‘‘(C) provide such other advice to the Di14 rector concerning drug interdiction strategy and 

15 policies as the committee determines is appro16 priate. 

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

18 of the members of the Interdiction Committee to 

19 serve as chair. 

20 ‘‘(3) MEETINGS.—The members of the Interdic21 tion Committee shall meet, in person and not 

22 through any delegate or representative, at least once 

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

24 Director or the chair, the Interdiction Committee 

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1 tended by the members in person, or through such 

2 delegates or representatives as the members may 

3 choose. 

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

5 each year, the chair of the Interdiction Committee 

6 shall submit to the Director and to the appropriate 

7 congressional committees a report describing the re8 sults of the meetings and any significant findings of 

9 the committee during the previous 12 months. Such 

10 report may include a classified annex. 

11 ‘‘§ 1012. Treatment coordinator 

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

13 ‘‘(1) IN GENERAL.—The Director shall des14 ignate or appoint a United States Treatment Coordi15 nator to perform the responsibilities of that position 

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

17 may be determined by the Director with respect to 

18 coordination of efforts to expand the availability of 

19 substance use disorder treatment with the goal of 

20 eliminating the unmet treatment need. 

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

22 Treatment Coordinator shall be responsible to the 

23 Director for— 

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1 taken to expand the availability of evidence2 based substance use disorder treatment to en3 sure consistency with the National Drug Con4 trol Strategy; 

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

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

7 and in accordance with paragraph (4), a Na8 tional Treatment Plan to ensure the coordina9 tion and consistency described in subparagraph 

10 (A); 

11 ‘‘(C) assessing the sufficiency of Federal 

12 resources directed to substance use disorder 

13 treatment by the relevant National Drug Con14 trol Program Agencies; 

15 ‘‘(D) encouraging the adoption by sub16 stance use disorder treatment providers of evi17 dence-based standards to guide all aspects of 

18 treatment provided; and 

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

20 of each National Drug Control Program Agency 

21 to implement the National Treatment Plan. 

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

23 permanent staff of the Office of the United States 

24 Treatment Coordinator as the Director determines 

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1 ment Coordinator to carry out the responsibilities 

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

3 appropriate National Drug Control Program Agen4 cies detail or assign staff to assist in carrying out 

5 such responsibilities. 

6 ‘‘(4) NATIONAL TREATMENT PLAN.— 

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

8 Plan— 

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

10 treatment for evidence-based substance use 

11 disorders including opioid use disorders, 

12 and set forth the Government’s strategy 

13 for closing the gap between available and 

14 needed treatment; 

15 ‘‘(ii) shall describe the specific roles 

16 and responsibilities of the relevant Na17 tional Drug Control Program Agencies for 

18 implementing that strategy; 

19 ‘‘(iii) shall identify the specific re20 sources required to enable the relevant Na21 tional Drug Control Program Agencies to 

22 implement that strategy; 

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1 nate the unmet need for evidence-based 

2 substance use disorder treatment; and 

3 ‘‘(v) may include recommendations 

4 about changes to existing agency authori5 ties or laws governing interagency relation6 ships. 

7 ‘‘(B) CONSULTATION WITH OTHER AGEN8 CIES.—Before the submission of the National 

9 Treatment Strategy or annual supplement re10 quired under section 1005(d), as applicable, the 

11 United States Treatment Coordinator shall 

12 issue the National Treatment Plan, in consulta13 tion with the other members of the Interdiction 

14 Committee described in subsection (b). 

15 ‘‘(C) REPORT TO CONGRESS.—On or be16 fore March 1 of each year, the Director, 

17 through the United States Treatment Coordi18 nator, shall provide to the appropriate congres19 sional committees a report that includes a copy 

20 of that year’s National Treatment Plan; 

21 ‘‘(b) TREATMENT COMMITTEE.— 

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

23 shall meet to— 


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

2 evidence-based substance use disorder treat3 ment as well as the unmet need for treatment; 

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

5 implementation of the National Treatment 

6 Plan; and 

7 ‘‘(C) provide such other advice to the Di8 rector concerning substance use disorder treat9 ment initiatives as the committee determines is 

10 appropriate. 

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

12 of the members of the Treatment Committee to 

13 serve as chair. 

14 ‘‘(3) MEETINGS.—The members of the Treat15 ment Committee shall meet, in person and not 

16 through any delegate or representative, at least once 

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

18 Director or the chair, the Treatment Committee may 

19 hold additional meetings, which shall be attended by 

20 the members in person, or through such delegates or 

21 representatives as the members may choose. 

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

23 each year, the chair of the Treatment Committee 

24 shall submit to the Director and to the appropriate 

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1 sults of the meetings and any significant findings of 

2 the committee during the previous 12 months. Such 

3 report may include a classified annex. 

4 ‘‘§ 1013. Critical information coordination 

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

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

7 consultation with the head of each National Drug 

8 Control Program Agency, designate an agency to es9 tablish a National Drug Control Fusion Center (re10 ferred to in this section as the ‘Center’). The Center 

11 shall operate under the authority of the Director and 

12 shall work with the National Drug Control Program 

13 Agencies to collect, compile, analyze, and facilitate 

14 the sharing of data on the use of illicit drugs, treat15 ment for substance use disorder, and interdiction of 

16 illicit drugs. The Center shall be considered a ‘statis17 tical agency or unit’, as that term is defined in sec18 tion 502 of the Confidential Information Protection 

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

20 3501 note) and shall have the necessary independ21 ence to ensure any data or information acquired by 

22 an agency under a pledge of confidentiality and for 

23 exclusively statistical purposes is used exclusively for 

24 statistical purposes. 


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

2 head of the Center a Center Director who shall be 

3 appointed by the Director from among individuals 

4 qualified and distinguished in data governance and 

5 statistical analysis. 

6 ‘‘(3) DATA COMPILATION.—The Director, act7 ing through the Center Director, shall do the fol8 lowing: 

9 ‘‘(A) Coordinate data collection activities 

10 among the National Drug Control Program 

11 Agencies. 

12 ‘‘(B) Collect information not otherwise col13 lected by National Drug Control Program 

14 Agencies as necessary to inform the National 

15 Drug Control Strategy. 

16 ‘‘(C) Compile and analyze any data re17 quired to be collected under this chapter. 

18 ‘‘(D) Disseminate technology, as appro19 priate, to States and local jurisdictions to en20 able or improve the collection of data on drug 

21 use, including the recordation of the occurrence 

22 of fatal and non-fatal drug overdoses. 

23 ‘‘(E) Compile information collected by Na24 tional Drug Control Program Agencies on 

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1 trol Program, including for any grant the fol2 lowing: 

3 ‘‘(i) The recipient. 

4 ‘‘(ii) The amount. 

5 ‘‘(iii) The intended purpose. 

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

7 the outcomes achieved by the program 

8 funded through the grant. 

9 ‘‘(v) Any assessments of how the 

10 grant met its intended purpose. 

11 ‘‘(4) TOXICOLOGY SCREENING.— 

12 ‘‘(A) ESTABLISHMENT.—The Center Di13 rector may establish a toxicology screening pro14 gram that engages in— 

15 ‘‘(i) secondary analysis of urine sam16 ples that would otherwise be discarded 

17 by— 

18 ‘‘(I) hospitals and drug treat19 ment programs; 

20 ‘‘(II) correctional facilities, book21 ing sites, probation programs, drug 

22 courts, and related facilities; and 

23 ‘‘(III) coroners and medical ex24 aminers; and 


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1 ‘‘(ii) analysis of other physical sam2 ples, as determined by the Center Director 

3 to be valuable for understanding the preva4 lence of any illicit drug. 

5 ‘‘(B) DE-IDENTIFICATION OF INFORMA6 TION.—The Center Director shall ensure that 

7 no samples have any personally identifiable in8 formation prior to collection. 

9 ‘‘(C) LIMITATION ON USE.—No data ob10 tained from analysis conducted under this para11 graph may be used as evidence in any pro12 ceeding. 

13 ‘‘(D) STATE PROGRAM.—The Center Di14 rector may establish a program that enables 

15 States and local jurisdictions to submit up to 

16 20 urine samples per year for toxicology anal17 ysis for the purposes of identifying substances 

18 present in individuals who have suffered fatal 

19 drug overdoses. 

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

21 may award contracts, enter into interagency agree22 ments, manage individual projects, and conduct 

23 other operational activities under this subsection. 

24 ‘‘(b) CRITICAL DRUG CONTROL INFORMATION AND

25 EVIDENCE PLAN.— 


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

2 Monday in February of each year, the Director shall 

3 submit to Congress a systematic plan for increasing 

4 data collection to enable real-time surveillance of 

5 drug control threats, developing analysis and moni6 toring capabilities, and identifying and addressing 

7 policy questions relevant to the National Drug Con8 trol Policy, Strategy, and Program. Such plan shall 

9 be made available on the public online portal of the 

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

11 with the first fiscal year following the fiscal year in 

12 which the plan is submitted and published, and con13 tain the following: 

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

15 which the Director and each National Drug 

16 Control Program Agency intends to develop evi17 dence to support the National Drug Control 

18 Program and Strategy. 

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

20 National Drug Control Program Agency intends 

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

22 evidence in drug control policymaking and mon23 itoring. 

24 ‘‘(C) A list of methods and analytical ap25 proaches that may be used to develop evidence 


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1 to support the National Drug Control Program 

2 and Strategy and related policy. 

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

4 evidence to support policymaking, including any 

5 barriers to accessing, collecting, or using rel6 evant data. 

7 ‘‘(E) A description of the steps the Direc8 tor and the head of each National Drug Control 

9 Program Agency will take to effectuate the 

10 plan. 

11 ‘‘(F) Any other relevant information as de12 termined by the Director. 

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

14 required under paragraph (1), the Director shall 

15 consult with the following: 

16 ‘‘(A) The public. 

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

18 personnel of the Office. 

19 ‘‘(C) Office officials responsible for imple20 menting privacy policy. 

21 ‘‘(D) Office officials responsible for data 

22 governance. 

23 ‘‘(E) The appropriate congressional com24 mittees. 


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1 ‘‘(F) Any other individual or entity as de2 termined by the Director. 

3 ‘‘(c) EVIDENCE-BASED POLICY.— 

4 ‘‘(1) HARM REDUCTION PROGRAMS.—When de5 veloping the national drug control policy, any policy 

6 of the Director, including policies relating to syringe 

7 exchange programs for intravenous drug users, shall 

8 be based on the best available medical and scientific 

9 evidence regarding the effectiveness of such policy in 

10 promoting individual health, preventing the spread 

11 of infectious disease and the impact of such policy 

12 on drug addiction and use. In making any policy re13 lating to harm reduction programs, the Director 

14 shall consult with the National Institutes of Health 

15 and the National Academy of Sciences. 

16 ‘‘(2) FUND RESTRICTION FOR THE LEGALIZA17 TION OF CONTROLLED SUBSTANCES.—The Director 

18 shall ensure that no Federal funds appropriated to 

19 the Office shall be expended for any study or con20 tract relating to the legalization (for a medical use 

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

22 is in effect under section 202 of the Controlled Sub23 stances Act (21 U.S.C. 812). 

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


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1 ‘‘(1) ESTABLISHMENT.—The Director, in con2 sultation with the Center Director, shall establish 

3 and maintain a data dashboard on the online portal 

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

5 Dashboard’. The Director shall ensure the user 

6 interface of the dashboard is constructed with mod7 ern design standards. To the extent practicable, the 

8 data made available on the dashboard shall be pub9 licly available in a machine-readable format and 

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

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

12 Control Data Dashboard shall be updated not less 

13 frequently than quarterly and shall include, at a 

14 minimum, the following: 

15 ‘‘(A) For each substance identified under 

16 section 1005(c)(1)(A)(i)— 

17 ‘‘(i) the total amount seized and dis18 rupted in the calendar year and each of 

19 the previous 3 calendar years; 

20 ‘‘(ii) the known and estimated flows 

21 into the United States from all sources in 

22 the calendar year and each of the previous 

23 3 calendar years; 

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

25 that could not be interdicted or disrupted 


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1 in the calendar year and each of the pre2 vious 3 calendar years; 

3 ‘‘(iv) the known and estimated levels 

4 of domestic production in the calendar year 

5 and each of the previous three calendar 

6 years, including the levels of domestic pro7 duction if the drug is a prescription drug, 

8 as determined under the Federal Food, 

9 Drug, and Cosmetic Act, for which a list10 ing is in effect under section 202 of the 

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

12 812); and 

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

14 calendar year and the highest known street 

15 price during the preceding 10-year period. 

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

17 previous three years data sufficient to show, 

18 disaggregated by State and, to the extent fea19 sible, by region within a State, county, or city, 

20 the following: 

21 ‘‘(i) The number of fatal and non22 fatal overdoses caused by each drug identi23 fied under subparagraph (A)(i). 

24 ‘‘(ii) The prevalence of substance use 

25 disorders. 


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1 ‘‘(iii) The number of individuals who 

2 have received substance use disorder treat3 ment, including medication assisted treat4 ment, for a substance use disorder, includ5 ing treatment provided through publicly-fi6 nanced health care programs. 

7 ‘‘(iv) The extent of the unmet need 

8 for substance use disorder treatment, in9 cluding the unmet need for medication-as10 sisted treatment. 

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

12 prescription drug diversion, trafficking, and 

13 misuse in the calendar year and each of the 

14 previous 3 calendar years. 

15 ‘‘(D) Any quantifiable measures the Direc16 tor determines to be appropriate to detail 

17 progress toward the achievement of the goals of 

18 the National Drug Control Strategy. 

19 ‘‘(e) ACCESS TO INFORMATION.— 

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

21 Director, the head of any National Drug Control 

22 Program Agency shall cooperate with and provide to 

23 the Director any statistics, studies, reports, and 

24 other information prepared or collected by the agen25 cy concerning the responsibilities of the agency 


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1 under the National Drug Control Strategy that re2 late to— 

3 ‘‘(A) drug control; or 

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

5 available to that agency for drug control are 

6 being used by that agency. 

7 ‘‘(2) PROTECTION OF INTELLIGENCE INFORMA8 TION.— 

9 ‘‘(A) IN GENERAL.—The authorities con10 ferred on the Office and the Director by this 

11 chapter shall be exercised in a manner con12 sistent with provisions of the National Security 

13 Act of 1947 (50 U.S.C. 401 et seq.). The Di14 rector of National Intelligence shall prescribe 

15 such regulations as may be necessary to protect 

16 information provided pursuant to this chapter 

17 regarding intelligence sources and methods. 

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

19 of National Intelligence and the Director of the 

20 Central Intelligence Agency shall, to the max21 imum extent practicable in accordance with 

22 subparagraph (A), render full assistance and 

23 support to the Office and the Director. 

24 ‘‘(3) REQUIRED REPORTS FROM NATIONAL

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1 tional Drug Control Program Agency shall submit to 

2 the Director such information and reports as re3 quested from such National Drug Control Program 

4 Agency by the Director, which shall include from the 

5 appropriate National Drug Control Program Agen6 cies: 

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

8 the head of a designated National Drug Control 

9 Program Agency shall submit to the Director 

10 and the appropriate congressional committees 

11 an assessment of the quantity of illegal drug 

12 cultivation and manufacturing in the United 

13 States on lands owned or under the jurisdiction 

14 of their respective agencies that was seized or 

15 eradicated by their personnel during the pre16 ceding calendar year. 

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

18 the head of a designated National Drug Control 

19 Program Agency shall submit to the Director 

20 and the appropriate congressional committees 

21 information for the preceding year regarding— 

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

23 of drugs by each component of the agency 

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1 mation on the geographic areas of such 

2 seizures; and 

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

4 patrol hours primarily dedicated to drug 

5 supply reduction missions undertaken by 

6 each component of the agency. 

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

8 the head of a designated National Drug Control 

9 Program Agency shall submit to the Director 

10 and the appropriate congressional committees 

11 information for the preceding year regarding 

12 the number of air and maritime patrol hours 

13 primarily dedicated to drug supply reduction 

14 missions undertaken by each component of the 

15 agency. 

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

17 the head of a designated National Drug Control 

18 Program Agency shall submit to the Director 

19 and the appropriate congressional committees 

20 information for the preceding year regarding 

21 the number and type of— 

22 ‘‘(i) arrests for drug violations; 

23 ‘‘(ii) prosecutions for drug violations 

24 by United States Attorneys; and 


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1 ‘‘(iii) seizures of drugs by each com2 ponent of the Department of Justice seiz3 ing drugs, as well as statistical information 

4 on the geographic areas of such seizures. 

5 ‘‘(f) DATA EXCHANGE STANDARDS FOR IMPROVED

6 INTEROPERABILITY.— 

7 ‘‘(1) INTERAGENCY AND INTERGOVERNMENTAL

8 DESIGNATION AND USE OF DATA EXCHANGE STAND9 ARDS WORKING GROUP.—The Director shall estab10 lish a working group of National Drug Control Pro11 gram Agencies, State, local and Tribal government 

12 health and law enforcement agencies, and data gov13 ernance experts to develop consensus data exchange 

14 standards for necessary categories of information 

15 that allow effective electronic exchange of informa16 tion between States, between State agencies, be17 tween States and National Drug Control Program 

18 Agencies, and any other drug control relevant data 

19 exchange. 

20 ‘‘(2) DATA EXCHANGE STANDARDS MUST BE

21 NONPROPRIETARY AND INTEROPERABLE.—The data 

22 exchange standards designated under paragraph (1) 

23 shall, to the extent practicable, be nonproprietary 

24 and interoperable. 


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

2 data exchange standards under this subsection, the 

3 working group shall, to the extent practicable, incor4 porate— 

5 ‘‘(A) interoperable standards developed 

6 and maintained by an international voluntary 

7 consensus standards body, as defined by the Of8 fice of Management and Budget; 

9 ‘‘(B) interoperable standards developed 

10 and maintained by intergovernmental partner11 ships; and 

12 ‘‘(C) interoperable standards developed 

13 and maintained by Federal entities with author14 ity over contracting and financial assistance. 

15 ‘‘(4) DATA EXCHANGE STANDARDS FOR FED16 ERAL REPORTING.— 

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

18 consultation with the working group established 

19 under this section, National Drug Control Pro20 gram Agencies, and State, local, and Tribal 

21 governments, designate data exchange stand22 ards to govern Federal reporting and exchange 

23 requirements for National Drug Control Pro24 grams, as appropriate. 


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

2 reporting standards required by subparagraph 

3 (A) shall, to the extent practicable— 

4 ‘‘(i) incorporate a widely accepted, 

5 nonproprietary, searchable, machine-read6 able format; 

7 ‘‘(ii) be consistent with and implement 

8 applicable accounting principles; 

9 ‘‘(iii) be implemented in a manner 

10 that is cost-effective and improves program 

11 efficiency and effectiveness; and 

12 ‘‘(iv) be capable of being continually 

13 upgraded as necessary. 

14 ‘‘(C) INCORPORATION OF NONPROPRI15 ETARY STANDARDS.—In designating data ex16 change standards under this paragraph, the Di17 rector shall, to the extent practicable, incor18 porate existing nonproprietary standards. 

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

20 in this paragraph shall be construed to require 

21 a change to existing data exchange standards 

22 for Federal reporting about a program referred 

23 to in this section, if the head of the agency re24 sponsible for administering the program finds 

25 the standards to be effective and efficient. 


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1 ‘‘(5) TERMINATION.—The working group estab2 lished under paragraph (1) shall terminate not ear3 lier than 60 days after the public notification of ter4 mination by the Director. 

5 ‘‘(g) ANNUAL DATA COLLECTION AND DISSEMINA6 TION REQUIREMENTS.— 

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

8 and disseminate, as appropriate, such information as 

9 the Director determines is appropriate, but not less 

10 than the information described in this subsection. To 

11 the extent practicable, the data shall be publicly 

12 available in a machine-readable format on the Drug 

13 Control Data Dashboard, be searchable by year, 

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

15 the previous 10-year period. 

16 ‘‘(2) PREPARATION AND DISSEMINATION OF IN17 FORMATION.—The Director shall prepare and dis18 seminate the following: 

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

20 use (including inhalants and steroids) and avail21 ability, impact of illicit drug use, and treatment 

22 availability, which assessment shall include— 

23 ‘‘(i) estimates of drug prevalence and 

24 frequency of use as measured by national, 

25 State, and local surveys of illicit drug use 


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1 and by other special studies of non2 dependent and dependent illicit drug use; 

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

4 and the productivity lost by such use; and 

5 ‘‘(iii) illicit drug use by arrestees, pro6 bationers, and parolees. 

7 ‘‘(B) An assessment of the reduction of il8 licit drug availability, for each drug identified 

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

10 by— 

11 ‘‘(i) the quantities of such drug avail12 able for consumption in the United States; 

13 ‘‘(ii) the amount of such drug enter14 ing the United States; 

15 ‘‘(iii) the number of illicit drug manu16 facturing laboratories seized and destroyed 

17 of each relevant drug and the number of 

18 hectares cultivated and destroyed domesti19 cally and in other countries of each rel20 evant drug; 

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

22 such drug seized; and 

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

24 of such drug. 


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

2 consequences of illicit drug use and availability, 

3 which shall include— 

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

5 disorder in the United States, such as the 

6 quantity of illicit drug-related services pro7 vided; 

8 ‘‘(ii) the annual national health care 

9 cost of illicit drug use; and 

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

11 crime and criminal activity. 

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

13 treatment in the United States, by assessing— 

14 ‘‘(i) public and private treatment utili15 zation; and 

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

17 the Director estimates meet diagnostic cri18 teria for treatment. 

19 ‘‘(E) A summary of the efforts made to co20 ordinate with private sector entities to conduct 

21 private research and development of medica22 tions to treat addiction by— 

23 ‘‘(i) screening chemicals for potential 

24 therapeutic value; 

25 ‘‘(ii) developing promising compounds; 


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1 ‘‘(iii) conducting clinical trials; 

2 ‘‘(iv) seeking Food and Drug Admin3 istration approval for drugs to treat addic4 tion; 

5 ‘‘(v) marketing the drug for the treat6 ment of addiction; 

7 ‘‘(vi) urging physicians to use the 

8 drug in the treatment of addiction; and 

9 ‘‘(vii) encouraging insurance compa10 nies to reimburse the cost of the drug for 

11 the treatment of addiction. 

12 ‘‘§ 1014. Authorization of appropriations 

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

14 this chapter, except as otherwise specified, to remain avail15 able until expended, $18,400,000 for each of fiscal years 

16 2019 through 2023. 

17 ‘‘SUBCHAPTER II—HIGH INTENSITY DRUG 

18 TRAFFICKING AREAS PROGRAM 

19 ‘‘§ 1021. High intensity drug trafficking areas pro20 gram 

21 ‘‘(a) ESTABLISHMENT.— 

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

23 Office a program to be known as the High Intensity 

24 Drug Trafficking Areas Program (in this section re25 ferred to as the ‘Program’). 


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

2 is to reduce drug trafficking and drug production in 

3 the United States by— 

4 ‘‘(A) facilitating cooperation among Fed5 eral, State, local, and Tribal law enforcement 

6 agencies to share information and implement 

7 coordinated enforcement activities; 

8 ‘‘(B) enhancing law enforcement intel9 ligence sharing among Federal, State, local, and 

10 Tribal law enforcement agencies; 

11 ‘‘(C) providing reliable law enforcement in12 telligence to law enforcement agencies needed to 

13 design effective enforcement strategies and op14 erations; and 

15 ‘‘(D) supporting coordinated law enforce16 ment strategies which maximize use of available 

17 resources to reduce the supply of illegal drugs 

18 in designated areas and in the United States as 

19 a whole. 

20 ‘‘(b) DESIGNATION.— 

21 ‘‘(1) IN GENERAL.—The Director, in consulta22 tion with the Attorney General, the Secretary of the 

23 Treasury, the Secretary of Homeland Security, 

24 heads of the National Drug Control Program Agen25 cies, and the Governor of each applicable State, may 


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1 designate any specified area of the United States as 

2 a high intensity drug trafficking area. 

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

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

5 assistance to the area so designated, the Director 

6 may— 

7 ‘‘(A) obligate such sums as are appro8 priated for the Program; 

9 ‘‘(B) direct the temporary reassignment of 

10 Federal personnel to such area, subject to the 

11 approval of the head of the agency that employs 

12 such personnel; 

13 ‘‘(C) take any other action authorized 

14 under this chapter to provide increased Federal 

15 assistance to those areas; and 

16 ‘‘(D) coordinate activities under this sec17 tion (specifically administrative, recordkeeping, 

18 and funds management activities) with State, 

19 local, and Tribal officials. 

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

21 shall establish and maintain regulations under which a co22 alition of interested law enforcement agencies from an 

23 area may petition for designation as a high intensity drug 

24 trafficking area (in this section referred to as the 

25 ‘HIDTA’). Such regulations shall provide for a regular reVerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925

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1 view by the Director of the petition, including a rec2 ommendation regarding the merit of the petition to the 

3 Director by a panel of qualified, independent experts. 

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

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

6 intensity drug trafficking area, the Director shall consider, 

7 in addition to such other criteria as the Director considers 

8 to be appropriate, the extent to which— 

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

10 drug production, manufacturing, importation, or dis11 tribution; 

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

13 agencies have committed resources to respond to the 

14 drug trafficking problem in the area, thereby indi15 cating a determination to respond aggressively to the 

16 problem; 

17 ‘‘(3) drug-related activities in the area are hav18 ing a significant harmful impact in the area, and in 

19 other areas of the country; and 

20 ‘‘(4) a significant increase in allocation of Fed21 eral resources is necessary to respond adequately to 

22 drug-related activities in the area. 

23 ‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG

24 TRAFFICKING AREAS.— 


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

2 be eligible for funds appropriated under this section, 

3 each high intensity drug trafficking area shall be 

4 governed by an Executive Board. The Executive 

5 Board shall designate a chairman, vice chairman, 

6 and any other officers to the Executive Board that 

7 it determines are necessary. 

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

9 of a high intensity drug trafficking area shall be re10 sponsible for— 

11 ‘‘(A) providing direction and oversight in 

12 establishing and achieving the goals of the high 

13 intensity drug trafficking area; 

14 ‘‘(B) managing the funds of the high in15 tensity drug trafficking area; 

16 ‘‘(C) reviewing and approving all funding 

17 proposals consistent with the overall objective of 

18 the high intensity drug trafficking area; and 

19 ‘‘(D) reviewing and approving all reports 

20 to the Director on the activities of the high in21 tensity drug trafficking area. 

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

23 funds appropriated under this section may be ex24 pended for any high intensity drug trafficking area, 

25 or for a partnership or region of a high intensity 


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1 drug trafficking area, if the Executive Board for 

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

3 an equal number of votes between representatives of 

4 participating agencies and representatives of partici5 pating State, local, and Tribal agencies. Where it is 

6 impractical for an equal number of representatives 

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

8 attend a meeting of an Executive Board in person, 

9 the Executive Board may use a system of proxy 

10 votes or weighted votes to achieve the voting balance 

11 required by this paragraph. 

12 ‘‘(4) NO AGENCY RELATIONSHIP.—The eligi13 bility requirements of this section are intended to 

14 ensure the responsible use of Federal funds. Nothing 

15 in this section is intended to create an agency rela16 tionship between individual high intensity drug traf17 ficking areas and the Federal Government. 

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

19 not more than 5 percent of Federal funds appropriated 

20 for the Program are expended for drug treatment pro21 grams and not more than 5 percent of the Federal funds 

22 appropriated for the Program are expended for drug pre23 vention programs. 

24 ‘‘(g) COUNTERTERRORISM ACTIVITIES.— 


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

2 may authorize use of resources available for the Pro3 gram to assist Federal, State, local, and Tribal law 

4 enforcement agencies in investigations and activities 

5 related to terrorism and prevention of terrorism, es6 pecially but not exclusively with respect to such in7 vestigations and activities that are also related to 

8 drug trafficking. 

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

10 ‘‘(A) that assistance provided under para11 graph (1) remains incidental to the purpose of 

12 the Program to reduce drug availability and 

13 carry out drug-related law enforcement activi14 ties; and 

15 ‘‘(B) that significant resources of the Pro16 gram are not redirected to activities exclusively 

17 related to terrorism, except on a temporary 

18 basis under extraordinary circumstances, as de19 termined by the Director. 

20 ‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA21 TION.—The Director, in consultation with the Attorney 

22 General, shall ensure that a representative of the Drug 

23 Enforcement Administration is included in the Intelligence 

24 Support Center for each high intensity drug trafficking 

25 area. 


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

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

3 of appropriations, the Director may expend up to 10 

4 percent of the amounts appropriated under this sec5 tion on a discretionary basis, in accordance with the 

6 criteria established under paragraph (2)— 

7 ‘‘(A) to respond to any emerging drug traf8 ficking threat in an existing high intensity drug 

9 trafficking area; 

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

11 trafficking area; or 

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

13 drug trafficking area. 

14 ‘‘(2) CONSIDERATION OF IMPACT.—In allo15 cating funds under this subsection, the Director 

16 shall consider— 

17 ‘‘(A) the impact of activities funded on re18 ducing overall drug traffic in the United States, 

19 or minimizing the probability that an emerging 

20 drug trafficking threat will spread to other 

21 areas of the United States; and 

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

23 considers appropriate. 

24 ‘‘(j) ANNUAL HIDTA PROGRAM BUDGET SUBMIS25 SIONS.—As part of the documentation that supports the 


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1 President’s annual budget request for the Office, the Di2 rector shall submit to Congress a budget justification that 

3 includes— 

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

5 conditional upon a review by the Office of the re6 quest submitted by such HIDTA and the perform7 ance of such HIDTA, with supporting narrative de8 scriptions and rationale for each request; 

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

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

11 level and how such funding level was deter12 mined based on a current assessment of the 

13 drug trafficking threat in each high intensity 

14 drug trafficking area; 

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

16 goals and objectives of each such area will be 

17 achieved; and 

18 ‘‘(C) how such funding supports the Na19 tional Drug Control Strategy; and 

20 ‘‘(3) the amount of HIDTA funds used to in21 vestigate and prosecute organizations and individ22 uals trafficking in each major illicit drug, as identi23 fied by the Director, in the prior calendar year, and 

24 a description of how those funds were used. 


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

2 part of each National Drug Control Evaluation assess3 ment under section 1006, the Director shall include, for 

4 each designated high intensity drug trafficking area, a re5 port that— 

6 ‘‘(1) describes— 

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

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

10 goals and objectives for the high intensity drug 

11 trafficking area; 

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

13 of the high intensity drug trafficking area in accom14 plishing the specific long-term and short-term goals 

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

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

17 federally funded drug enforcement task forces within 

18 such high intensity drug trafficking area; 

19 ‘‘(4) describes— 

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

21 drug enforcement task force operating in such 

22 high intensity drug trafficking area; 

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

24 each other, with any high intensity drug traf25 ficking area task force, and with investigations 


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1 receiving funds from the Organized Crime and 

2 Drug Enforcement Task Force; 

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

4 force takes to share information regarding drug 

5 trafficking and drug production with other fed6 erally funded drug enforcement task forces in 

7 the high intensity drug trafficking area; 

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

9 trafficking area in coordinating the sharing of 

10 such information among task forces; 

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

12 by each Federal, State, local, and Tribal partic13 ipant in ensuring that such information is 

14 shared among law enforcement agencies and 

15 with the high intensity drug trafficking area; 

16 ‘‘(F) the nature and extent to which infor17 mation sharing and enforcement activities are 

18 coordinated with joint terrorism task forces in 

19 the high intensity drug trafficking area; and 

20 ‘‘(G) any recommendations for measures 

21 needed to ensure that task force resources are 

22 utilized efficiently and effectively to reduce the 

23 availability of illegal drugs in the high intensity 

24 drug trafficking areas; and 


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1 ‘‘(5) in consultation with the Director of Na2 tional Intelligence— 

3 ‘‘(A) evaluates existing and planned law 

4 enforcement intelligence systems supported by 

5 such 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 such area; 

13 ‘‘(B) evaluates the extent to which Fed14 eral, State, local, and Tribal law enforcement 

15 agencies participating in each high intensity 

16 drug trafficking area are sharing law enforce17 ment intelligence information to assess current 

18 drug trafficking threats and design appropriate 

19 enforcement strategies; and 

20 ‘‘(C) identifies the measures needed to im21 prove effective sharing of information and law 

22 enforcement intelligence regarding drug traf23 ficking and drug production among Federal, 

24 State, local, and Tribal law enforcement partici25 pating in a high intensity drug trafficking area, 


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1 and between such agencies and similar agencies 

2 outside the high intensity drug trafficking area. 

3 ‘‘(l) COORDINATION OF LAW ENFORCEMENT INTEL4 LIGENCE SHARING WITH ORGANIZED CRIME DRUG EN5 FORCEMENT TASK FORCE PROGRAM.— 

6 ‘‘(1) DRUG ENFORCEMENT INTELLIGENCE

7 SHARING.—The Director, in consultation with the 

8 Attorney General, shall ensure that any drug en9 forcement intelligence obtained by the Intelligence 

10 Support Center for each high intensity drug traf11 ficking area is shared, on a timely basis, with the 

12 drug intelligence fusion center operated by the Orga13 nized Crime Drug Enforcement Task Force of the 

14 Department of Justice. 

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

16 awards any funds to a high intensity drug traf17 ficking area, the Director shall certify that the law 

18 enforcement entities participating in that HIDTA 

19 are providing laboratory seizure data to the national 

20 clandestine laboratory database at the El Paso Intel21 ligence Center. 

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

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

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

25 through 2023. 


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1 ‘‘(n) SPECIFIC PURPOSES.— 

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

3 that, of the amounts appropriated for a fiscal year 

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

5 intensity drug trafficking areas with severe neigh6 borhood safety and illegal drug distribution prob7 lems. 

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

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

10 neighborhoods and the protection of communities, 

11 including the prevention of the intimidation of wit12 nesses of illegal drug distribution and related activi13 ties and the establishment of or support for pro14 grams that provide protection or assistance to wit15 nesses in court proceedings. 

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

17 shall work with the HIDTAs to develop and main18 tain best practice models to assist State, local, and 

19 Tribal governments in addressing witness safety, re20 location, financial and housing assistance, or any 

21 other services related to witness protection or assist22 ance in cases of illegal drug distribution and related 

23 activities. The Director shall ensure dissemination of 

24 the best practice models to each HIDTA. 


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1 ‘‘SUBCHAPTER III—DRUG-FREE COMMUNITIES 

2 SUPPORT PROGRAM 

3 ‘‘§ 1031. Establishment of drug-free communities sup4 port program 

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

6 a program to support communities in the development and 

7 implementation of comprehensive, long-term plans and 

8 programs to prevent and treat substance use and misuse 

9 among youth. 

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

11 Director shall— 

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

13 ‘‘(2) provide for technical assistance and train14 ing, data collection, and dissemination of informa15 tion on state-of-the-art practices that the Director 

16 determines to be effective in reducing substance use; 

17 and 

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

19 the Program. 

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

21 an Administrator to carry out the Program. 

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

23 necessary staff and may enter into contracts or agree24 ments with national drug control agencies, including inter25 agency agreements, to delegate authority for the execution 


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1 of grants and for such other activities necessary to carry 

2 out this chapter. 

3 ‘‘§ 1032. Program authorization 

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

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

6 a coalition shall meet each of the following criteria: 

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

8 an application to the Administrator in accordance 

9 with section 1033(a)(2). 

10 ‘‘(2) MAJOR SECTOR INVOLVEMENT.— 

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

12 consist of one or more representatives of each 

13 of the following categories: 

14 ‘‘(i) Youth. 

15 ‘‘(ii) Parents. 

16 ‘‘(iii) Businesses. 

17 ‘‘(iv) The media. 

18 ‘‘(v) Schools. 

19 ‘‘(vi) Organizations serving youth. 

20 ‘‘(vii) Law enforcement. 

21 ‘‘(viii) Religious or fraternal organiza22 tions. 

23 ‘‘(ix) Civic and volunteer groups. 

24 ‘‘(x) Health care professionals. 


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1 ‘‘(xi) State, local, or tribal govern2 mental agencies with expertise in the field 

3 of substance use prevention or substance 

4 use disorders (including, if applicable, the 

5 State authority with primary authority for 

6 substance use and misuse). 

7 ‘‘(xii) Other organizations involved in 

8 reducing the prevalence of substance use 

9 and misuse or substance use disorders. 

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

11 addition to representatives from the categories 

12 listed in subparagraph (A), the coalition shall 

13 have an elected official (or a representative of 

14 an elected official) from— 

15 ‘‘(i) the Federal Government; and 

16 ‘‘(ii) the government of the appro17 priate State and political subdivision there18 of or the governing body or an Indian tribe 

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

20 the Indian Self-Determination Act (25 

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

22 ‘‘(C) REPRESENTATION.—An individual 

23 who is a member of the coalition may serve on 

24 the coalition as a representative of not more 

25 than 1 category listed under subparagraph (A). 


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1 ‘‘(3) COMMITMENT.—The coalition shall dem2 onstrate, to the satisfaction of the Administrator— 

3 ‘‘(A) that the representatives of the coali4 tion have worked together on substance use and 

5 misuse reduction initiatives, which, at a min6 imum, includes initiatives that target drugs de7 scribed in section 1037(6)(A), for a period of 

8 not less than 6 months, acting through entities 

9 such as task forces, subcommittees, or commu10 nity boards; and 

11 ‘‘(B) substantial participation from volun12 teer leaders in the community involved (espe13 cially in cooperation with individuals involved 

14 with youth such as parents, teachers, coaches, 

15 youth workers, and members of the clergy). 

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

17 shall, with respect to the community involved— 

18 ‘‘(A) have as its principal mission the re19 duction of illegal drug use, which, at a min20 imum, includes the use of illegal drugs de21 scribed in section 1037(6)(A), in a comprehen22 sive and long-term manner, with a primary 

23 focus on youth in the community; 

24 ‘‘(B) describe and document the nature 

25 and extent of the substance use and misuse 


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

2 and misuse of drugs described in section 

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

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

5 use and misuse prevention and treatment pro6 grams and activities, which, at a minimum, in7 cludes programs and activities relating to the 

8 use and misuse of drugs described in section 

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

10 grant application; and 

11 ‘‘(ii) identify substance use and misuse 

12 programs and service gaps, which, at a min13 imum, includes programs and gaps relating to 

14 the use and misuse of drugs described in sec15 tion 1037(6)(A), in the community; 

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

17 substance use and misuse among youth, which, 

18 at a minimum, includes the use and misuse of 

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

20 comprehensive and long-term fashion; and 

21 ‘‘(E) work to develop a consensus regard22 ing the priorities of the community to combat 

23 substance use and misuse among youth, which, 

24 at a minimum, includes the use and misuse of 

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


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

2 demonstrate that the coalition is an ongoing concern 

3 by demonstrating that the coalition— 

4 ‘‘(A) is— 

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

6 ‘‘(II) an entity that the Administrator 

7 determines to be appropriate; or 

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

9 established legal entity; 

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

11 in the discretion of the Administrator, in-kind 

12 contributions) from non-Federal sources; and 

13 ‘‘(C) has a strategy to solicit substantial fi14 nancial support from non-Federal sources to en15 sure that the coalition and the programs oper16 ated by the coalition are self-sustaining. 

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

18 ‘‘(A) establish a system to measure and re19 port outcomes— 

20 ‘‘(i) consistent with common indica21 tors and evaluation protocols established 

22 by the Administrator; and 

23 ‘‘(ii) approved by the Administrator; 

24 ‘‘(B) conduct— 


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

2 subchapter, an initial benchmark survey of 

3 drug use among youth (or use local sur4 veys or performance measures available or 

5 accessible in the community at the time of 

6 the grant application); and 

7 ‘‘(ii) biennial surveys (or incorporate 

8 local surveys in existence at the time of the 

9 evaluation) to measure the progress and 

10 effectiveness of the coalition; and 

11 ‘‘(C) provide assurances that the entity 

12 conducting an evaluation under this paragraph, 

13 or from which the coalition receives informa14 tion, has experience— 

15 ‘‘(i) in gathering data related to sub16 stance use and misuse among youth; or 

17 ‘‘(ii) in evaluating the effectiveness of 

18 community anti-drug coalitions. 

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

20 shall not impose any eligibility criteria on new appli21 cants or renewal grantees not provided in this chap22 ter. 

23 ‘‘(b) GRANT AMOUNTS.— 

24 ‘‘(1) IN GENERAL.— 

25 ‘‘(A) GRANTS.— 


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1 ‘‘(i) IN GENERAL.—Subject to clause 

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

3 may grant to an eligible coalition under 

4 this paragraph, an amount not to exceed 

5 the amount of non-Federal funds raised by 

6 the coalition, including in-kind contribu7 tions, for that fiscal year. 

8 ‘‘(ii) SUSPENSION OF GRANTS.—If 

9 such grant recipient fails to continue to 

10 meet the criteria specified in subsection 

11 (a), the Administrator may suspend the 

12 grant, after providing written notice to the 

13 grant recipient and an opportunity to ap14 peal. 

15 ‘‘(iii) RENEWAL GRANTS.—Subject to 

16 clause (iv), the Administrator may award a 

17 renewal grant to a grant recipient under 

18 this subparagraph for each fiscal year fol19 lowing the fiscal year for which an initial 

20 grant is awarded, in an amount not to ex21 ceed the amount of non-Federal funds 

22 raised by the coalition, including in-kind 

23 contributions, for that fiscal year, during 

24 the 4-year period following the period of 

25 the initial grant. 


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1 ‘‘(iv) LIMITATION.—The amount of a 

2 grant award under this subparagraph may 

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

4 ‘‘(B) COALITION AWARDS.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), the Administrator may, 

7 with respect to a community, make a grant 

8 to 1 eligible coalition that represents that 

9 community. 

10 ‘‘(ii) EXCEPTION.—The Administrator 

11 may make a grant to more than 1 eligible 

12 coalition that represents a community if— 

13 ‘‘(I) the eligible coalitions dem14 onstrate that the coalitions are col15 laborating with one another; and 

16 ‘‘(II) each of the coalitions has 

17 independently met the requirements 

18 set forth in subsection (a). 

19 ‘‘(2) RURAL COALITION GRANTS.— 

20 ‘‘(A) IN GENERAL.— 

21 ‘‘(i) IN GENERAL.—In addition to 

22 awarding grants under paragraph (1), to 

23 stimulate the development of coalitions in 

24 sparsely populated and rural areas, the 

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1 cordance with this section to a coalition 

2 that represents a county with a population 

3 that does not exceed 30,000 individuals. In 

4 awarding a grant under this paragraph, 

5 the Administrator may waive any require6 ment under subsection (a) if the Adminis7 trator considers that waiver to be appro8 priate. 

9 ‘‘(ii) MATCHING REQUIREMENT.— 

10 Subject to subparagraph (C), for a fiscal 

11 year, the Administrator may grant to an 

12 eligible coalition under this paragraph, an 

13 amount not to exceed the amount of non14 Federal funds raised by the coalition, in15 cluding in-kind contributions, for that fis16 cal year. 

17 ‘‘(iii) SUSPENSION OF GRANTS.—If 

18 such grant recipient fails to continue to 

19 meet any criteria specified in subsection 

20 (a) that has not been waived by the Ad21 ministrator pursuant to clause (i), the Ad22 ministrator may suspend the grant, after 

23 providing written notice to the grant re24 cipient and an opportunity to appeal. 


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1 ‘‘(B) RENEWAL GRANTS.—The Adminis2 trator may award a renewal grant to an eligible 

3 coalition that is a grant recipient under this 

4 paragraph for each fiscal year following the fis5 cal year for which an initial grant is awarded, 

6 in an amount not to exceed the amount of non7 Federal funds raised by the coalition, including 

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

9 following the period of the initial grant. 

10 ‘‘(C) LIMITATIONS.— 

11 ‘‘(i) AMOUNT.—The amount of a 

12 grant award under this paragraph shall 

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

14 ‘‘(ii) AWARDS.—With respect to a 

15 county referred to in subparagraph (A), 

16 the Administrator may award a grant 

17 under this section to not more than 1 eligi18 ble coalition that represents the county. 

19 ‘‘(3) ADDITIONAL GRANTS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (F), the Administrator may award an ad22 ditional grant under this paragraph to an eligi23 ble coalition awarded a grant under paragraph 

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

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


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

2 case may be. 

3 ‘‘(B) SCOPE OF GRANTS.—A coalition 

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

5 including a renewal grant under such para6 graph, may not be awarded another grant 

7 under such paragraph, and is eligible for an ad8 ditional grant under this section only under this 

9 paragraph. 

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

11 The Administrator may not afford a higher pri12 ority in the award of an additional grant under 

13 this paragraph than the Administrator would 

14 afford the applicant for the grant if the appli15 cant were submitting an application for an ini16 tial grant under paragraph (1) or (2) rather 

17 than an application for a grant under this para18 graph. 

19 ‘‘(D) RENEWAL GRANTS.—Subject to sub20 paragraph (F), the Administrator may award a 

21 renewal grant to a grant recipient under this 

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

23 fiscal-year period following the fiscal year for 

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

2 exceed amounts as follows: 

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

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

5 amount equal to 80 percent of the non6 Federal funds, including in-kind contribu7 tions, raised by the coalition for the appli8 cable fiscal year. 

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

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

11 amount equal to 67 percent of the non12 Federal funds, including in-kind contribu13 tions, raised by the coalition for the appli14 cable fiscal year. 

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

16 under this paragraph fails to continue to meet 

17 the criteria specified in subsection (a), the Ad18 ministrator may suspend the grant, after pro19 viding written notice to the grant recipient and 

20 an opportunity to appeal. 

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

22 award under this paragraph may not exceed 

23 $125,000 for a fiscal year. 

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

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

2 grantee is afforded a fair, timely, and independent 

3 appeal prior to such suspension or termination. 

4 ‘‘(c) TREATMENT OF FUNDS FOR COALITIONS REP5 RESENTING CERTAIN ORGANIZATIONS.—Funds appro6 priated for the substance use and misuse activities of a 

7 coalition that includes a representative of the Bureau of 

8 Indian Affairs, the Indian Health Service, or a tribal gov9 ernment agency with expertise in the field of substance 

10 use prevention may be counted as non-Federal funds 

11 raised by the coalition for purposes of this section. 

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

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

14 given to a coalition serving economically disadvantaged 

15 areas. 

16 ‘‘§ 1033. Information collection and dissemination 

17 with respect to grant recipients 

18 ‘‘(a) COALITION INFORMATION.— 

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

20 purpose of audit and examination, the Adminis21 trator— 

22 ‘‘(A) shall have access to any books, docu23 ments, papers, and records that are pertinent to 

24 any grant or grant renewal request under this 

25 chapter; and 


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1 ‘‘(B) may periodically request information 

2 from a grant recipient to ensure that the grant 

3 recipient meets the applicable criteria under 

4 section 1032(a). 

5 ‘‘(2) APPLICATION PROCESS.—The Adminis6 trator shall issue a request for proposal regarding, 

7 with respect to the grants awarded under section 

8 1032, the application process, grant renewal, and 

9 suspension or withholding of renewal grants. Each 

10 application under this paragraph shall be in writing 

11 and shall be subject to review by the Administrator. 

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

13 the maximum extent practicable and in a manner 

14 consistent with applicable law, minimize reporting 

15 requirements by a grant recipient and expedite any 

16 application for a renewal grant made under this sub17 chapter. 

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

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

20 collect data from— 

21 ‘‘(A) national substance use and misuse or22 ganizations that work with eligible coalitions, 

23 community anti-drug coalitions, departments or 

24 agencies of the Federal Government, or State 


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1 or local governments and the governing bodies 

2 of Indian tribes; and 

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

4 carries out activities that relate to the purposes 

5 of the Program. 

6 ‘‘(2) ACTIVITIES OF ADMINISTRATOR.—The Ad7 ministrator may— 

8 ‘‘(A) evaluate the utility of specific initia9 tives relating to the purposes of the Program; 

10 ‘‘(B) conduct an evaluation of the Pro11 gram; and 

12 ‘‘(C) disseminate information described in 

13 this subsection to— 

14 ‘‘(i) eligible coalitions and other sub15 stance use prevention organizations; and 

16 ‘‘(ii) the general public. 

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

18 carry out activities under this subsection in consulta19 tion with the National Community Antidrug Coali20 tion Institute. 

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

22 FOR EVALUATION OF PROGRAM.—Amounts for ac23 tivities under paragraph (2)(B) may not be derived 

24 from amounts under section 1038(a) except for 


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

2 administrative costs. 

3 ‘‘§ 1034. Technical assistance and training 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) TECHNICAL ASSISTANCE AND AGREE6 MENTS.—With respect to any grant recipient or 

7 other organization, the Administrator may— 

8 ‘‘(A) offer technical assistance and train9 ing; and 

10 ‘‘(B) enter into contracts and cooperative 

11 agreements. 

12 ‘‘(2) COORDINATION OF PROGRAMS.—The Ad13 ministrator may facilitate the coordination of pro14 grams between a grant recipient and other organiza15 tions and entities. 

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

17 training to any representative designated by a grant re18 cipient in— 

19 ‘‘(1) coalition building; 

20 ‘‘(2) task force development; 

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

22 assessment and evaluation; or 

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

24 of the Program. 


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1 ‘‘§ 1035. Supplemental grants for coalition mentoring 

2 activities 

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

4 program established under section 1031, the Director may 

5 award an initial grant under this subsection, and renewal 

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

7 grant under section 1032 that meets the criteria specified 

8 in subsection (d) in order to fund coalition mentoring ac9 tivities by such coalition in support of the program. 

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

11 ‘‘(1) SUPPLEMENT.—A grant awarded to a coa12 lition under this section is in addition to any grant 

13 awarded to the coalition under section 1032. 

14 ‘‘(2) REQUIREMENT FOR BASIC GRANT.—A coa15 lition may not be awarded a grant under this section 

16 for a fiscal year unless the coalition was awarded a 

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

18 that fiscal year. 

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

20 under this section shall submit to the Administrator an 

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

22 Administrator may require. 

23 ‘‘(d) CRITERIA.—A coalition meets the criteria speci24 fied in this subsection if the coalition— 

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


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1 ‘‘(2) has achieved, by or through its own ef2 forts, measurable results in the prevention and treat3 ment of substance use and misuse among youth; 

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

5 mentors for persons seeking to start or expand the 

6 activities of other coalitions in the prevention and 

7 treatment of substance use and misuse; 

8 ‘‘(4) has demonstrable support from some mem9 bers of the community in which the coalition men10 toring activities to be supported by the grant under 

11 this section are to be carried out; and 

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

13 plan for the coalition mentoring activities to be sup14 ported by the grant under this section. 

15 ‘‘(e) USE OF GRANT FUNDS.—A coalition awarded 

16 a grant under this section shall use the grant amount for 

17 mentoring activities to support and encourage the develop18 ment of new, self-supporting community coalitions that 

19 are focused on the prevention and treatment of substance 

20 use and misuse in such new coalitions’ communities. The 

21 mentoring coalition shall encourage such development in 

22 accordance with the plan submitted by the mentoring coa23 lition under subsection (d)(5). 

24 ‘‘(f) RENEWAL GRANTS.—The Administrator may 

25 make a renewal grant to any coalition awarded a grant 


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1 under subsection (a), or a previous renewal grant under 

2 this subsection, if the coalition, at the time of application 

3 for such renewal grant— 

4 ‘‘(1) continues to meet the criteria specified in 

5 subsection (d); and 

6 ‘‘(2) has made demonstrable progress in the de7 velopment of one or more new, self-supporting com8 munity coalitions that are focused on the prevention 

9 and treatment of substance use and misuse. 

10 ‘‘(g) GRANT AMOUNTS.— 

11 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

12 and (3), the total amount of grants awarded to a co13 alition under this section for a fiscal year may not 

14 exceed the amount of non-Federal funds raised by 

15 the coalition, including in-kind contributions, for 

16 that fiscal year. Funds appropriated for the sub17 stance use and misuse activities of a coalition that 

18 includes a representative of the Bureau of Indian 

19 Affairs, the Indian Health Service, or a tribal gov20 ernment agency with expertise in the field of sub21 stance use prevention may be counted as non-Fed22 eral funds raised by the coalition. 

23 ‘‘(2) INITIAL GRANTS.—The amount of the ini24 tial grant awarded to a coalition under subsection 

25 (a) may not exceed $75,000. 


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1 ‘‘(3) RENEWAL GRANTS.—The total amount of 

2 renewal grants awarded to a coalition under sub3 section (f) for any fiscal year may not exceed 

4 $75,000. 

5 ‘‘(h) FISCAL YEAR LIMITATION ON AMOUNT AVAIL6 ABLE FOR GRANTS.—The total amount available for 

7 grants under this section, including renewal grants under 

8 subsection (f), in any fiscal year may not exceed the 

9 amount equal to five percent of the amount authorized to 

10 be appropriated by section 1038 for that fiscal year. 

11 ‘‘(i) PRIORITY IN AWARDING INITIAL GRANTS.—In 

12 awarding initial grants under this section, priority shall 

13 be given to a coalition that expressly proposes to provide 

14 mentorship to a coalition or aspiring coalition serving eco15 nomically disadvantaged areas. 

16 ‘‘§ 1036. Authorization for National Community Anti17 drug Coalition Institute 

18 ‘‘(a) IN GENERAL.—The Director shall, using 

19 amounts authorized to be appropriated by subsection (d), 

20 make a competitive grant to provide for the continuation 

21 of the National Community Anti-drug Coalition Institute. 

22 ‘‘(b) ELIGIBLE ORGANIZATIONS.—An organization 

23 eligible for the grant under subsection (a) is any national 

24 nonprofit organization that represents, provides technical 

25 assistance and training to, and has special expertise and 


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1 broad, national-level experience in community antidrug 

2 coalitions under this subchapter. 

3 ‘‘(c) USE OF GRANT AMOUNT.—The organization 

4 that receives the grant under subsection (a) shall continue 

5 a National Community Anti-Drug Coalition Institute to— 

6 ‘‘(1) provide education, training, and technical 

7 assistance for coalition leaders and community 

8 teams, with emphasis on the development of coali9 tions serving economically disadvantaged areas; 

10 ‘‘(2) develop and disseminate evaluation tools, 

11 mechanisms, and measures to better assess and doc12 ument coalition performance measures and out13 comes; and 

14 ‘‘(3) bridge the gap between research and prac15 tice by translating knowledge from research into 

16 practical information. 

17 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—The 

18 Director shall, using amounts authorized to be appro19 priated by section 1038, make a grant of $2,000,000 

20 under subsection (a), for each of the fiscal years 2019 

21 through 2023. 

22 ‘‘§ 1037. Definitions 

23 ‘‘In this subchapter: 


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1 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis2 trator’ means the Administrator appointed by the 

3 Director under section 1031(c). 

4 ‘‘(2) COMMUNITY.—The term ‘community’ shall 

5 have the meaning provided that term by the Admin6 istrator. 

7 ‘‘(3) ELIGIBLE COALITION.—The term ‘eligible 

8 coalition’ means a coalition that meets the applicable 

9 criteria under section 1032(a). 

10 ‘‘(4) GRANT RECIPIENT.—The term ‘grant re11 cipient’ means the recipient of a grant award under 

12 section 1032. 

13 ‘‘(5) PROGRAM.—The term ‘Program’ means 

14 the program established under section 1031(a). 

15 ‘‘(6) SUBSTANCE USE AND MISUSE.—The term 

16 ‘substance use and misuse’ means— 

17 ‘‘(A) the illegal use or misuse of drugs, in18 cluding substances for which a listing is in ef19 fect under any of schedules I through V under 

20 section 202 of the Controlled Substances Act 

21 (21 U.S.C. 812); 

22 ‘‘(B) the misuse of inhalants or over the 

23 counter drugs; or 


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1 ‘‘(C) the use of alcohol, tobacco, or other 

2 related product as such use is prohibited by 

3 State or local law. 

4 ‘‘(7) YOUTH.—The term ‘youth’ shall have the 

5 meaning provided that term by the Administrator. 

6 ‘‘§ 1038. Drug–free communities reauthorization 

7 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Office to carry 

9 out this subchapter $99,000,000 for fiscal year 2019 

10 through 2023. 

11 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 8 

12 percent of the funds appropriated for this subchapter may 

13 be used by the Office or, in the discretion of the Director, 

14 an agency delegated to carry out the program under sec15 tion 1031(d) to pay for administrative costs associated 

16 with carrying out the program.’’. 

17 SEC. 3. REPEALS. 

18 The following provisions are repealed: 

19 (1) Section 203 of the Office of National Drug 

20 Control Policy Reauthorization Act of 2006 (Public 

21 Law 109–469; 21 U.S.C. 1708a). 

22 (2) Title VIII of the Office of National Drug 

23 Control Policy Reauthorization Act of 2006 (Public 

24 Law 109–469). 


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1 (3) Section 1105 of the Office of National Drug 

2 Control Policy Reauthorization Act of 2006 (Public 

3 Law 109–469; 21 U.S.C. 1701 note). 

4 (4) Section 1110 of Office of National Drug 

5 Control Policy Reauthorization Act of 2006 (Public 

6 Law 109–469; 21 U.S.C. 1705 note). 

7 (5) Section 1110A of the Office of National 

8 Drug Control Policy Reauthorization Act of 2006 

9 (Public Law 109–469; 21 U.S.C. 1705 note). 

10 (6) Section 4 of Public Law 107–82 (21 U.S.C. 

11 1521 note). 

12 SEC. 4. OPIOID CRISIS RESPONSE. 

13 (a) EMERGING THREAT DESIGNATION.—The Direc14 tor shall designate opioids and opioid analogues as emerg15 ing threats, in accordance with section 1009 of title 31, 

16 United States Code, as added by section 2(b). 

17 (b) OPIOID RESPONSE PLAN.— 

18 (1) ISSUANCE.—Not later than 60 days after 

19 the date of the enactment of this Act, the Director 

20 shall publish, make publicly available, and notify the 

21 President and the appropriate congressional commit22 tees of, the plan required under section 1009 of title 

23 31, United States Code, as added by section 2(b), to 

24 be designated as the ‘‘National Opioid Crisis Re25 sponse Plan’’. 


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1 (2) CONTENTS.—The Director shall ensure the 

2 plan establishes measurable goals, including reduc3 ing fatal and non-fatal overdoses, and includes the 

4 following: 

5 (A) Initiatives to ensure the United States 

6 mail is effectively screened to prevent illicit 

7 drugs from entering the United States, includ8 ing— 

9 (i) designating the United States 

10 Postal Service as a National Drug Control 

11 Program Agency; 

12 (ii) directing the United States Postal 

13 Service and any other related National 

14 Drug Control Program Agency to take any 

15 appropriate actions necessary to reduce the 

16 amount of illicit drugs entering the coun17 try; and 

18 (iii) developing an international co19 ordination plan, in accordance with section 

20 1010 of such title 31, United States Code, 

21 as added by section 2(b)), to include ef22 forts to address international drug control 

23 initiatives and strengthen bilateral and 

24 multilateral strategies to reduce illicit 

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1 ing the United States through inter2 national mail or across land borders or 

3 ports of entry. 

4 (B) Support for universal adoption of evi5 dence-based prescribing guidelines, including— 

6 (i) establishing a task force to supple7 ment existing prescribing guidelines with 

8 evidence-based standards and to facilitate, 

9 coordinate, and, as appropriate, conduct 

10 research to inform such guidelines; 

11 (ii) encouraging the adoption of evi12 dence-based prescribing guidelines by each 

13 relevant agency, State and local govern14 ments, and private sector organizations; 

15 (iii) issuing guidance to National 

16 Drug Control Program Agencies to, as ap17 propriate, revise regulations to ensure pro18 fessionals have effective continuing edu19 cation requirements; and 

20 (iv) disseminating and encouraging 

21 the adoption of best practices and evi22 dence-based guidelines for effective pre23 scribing practices. 

24 (C) A program to monitor the prescription 

25 drug market and illicit drug market for changes 


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1 in trends relevant to reducing the supply or de2 mand of such drugs. 

3 (D) An initiative to facilitate and coordi4 nate Federal, State and local government initia5 tives, studies, and pilot or demonstration pro6 grams designed to evaluate the benefits of drug 

7 courts and related programs that reduce sub8 stance use prevalence. 

9 (E) Programs, developed in coordination 

10 with the private sector, to— 

11 (i) facilitate the development of treat12 ment and deterrent products, in accord13 ance with section 1010(c) of title 31, 

14 United States Code, as added by section 

15 2(b); and 

16 (ii) encourage the expansion of medi17 cation disposal programs and technology. 

18 (F) Initiatives to encourage the National 

19 Drug Control Program Agencies and the pro20 gram established under section 1010(d) of title 

21 31, United States Code, as added by section 

22 2(b)— 

23 (i) to prioritize the development of 

24 sentencing standards or model codes for 


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1 trafficking opioids and opioid analogues; 

2 and 

3 (ii) to advise States on establishing 

4 laws and policies to address opioid issues 

5 based on the recommendations developed 

6 and set forth by the President’s Commis7 sion on Combating Drug Addiction and the 

8 Opioid Crisis. 

9 (G) Working groups, established in accord10 ance with section 1010 of title 31, United 

11 States Code, as added by section 2(b), to de12 velop standards, and encourage the use of such 

13 standards, for the collection of data necessary 

14 to understand and monitor the opioid crisis, in15 cluding— 

16 (i) State medical examiner reports on 

17 deaths caused by overdoses and related 

18 statistical data; and 

19 (ii) first responder opioid intoxication 

20 incidents. 

21 (H) A program to identify successful col22 lege recovery programs, including sober housing 

23 programs that provide a shared living residence 

24 free of alcohol or illicit drug use for individuals 

25 recovering from drug or alcohol addiction and 


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1 substance use disorders, on college campuses 

2 and disseminate best practices to Colleges and 

3 Universities to increase the number and capac4 ity of such programs. 

5 (I) Convening working groups, consisting 

6 of the appropriate National Drug Control Pro7 gram Agencies, State, local and Tribal govern8 ments, and other appropriate stakeholders, es9 tablished in accordance with section 1010 of 

10 title 31, United States Code— 

11 (i) to support Prescription Drug Mon12 itoring Programs by— 

13 (I) facilitating the sharing of pro14 gram data among States and Federal 

15 prescription drug monitoring pro16 grams to ensure interoperability of 

17 such programs; 

18 (II) assisting States in increasing 

19 utilization of such programs; 

20 (III) facilitating efforts to incor21 porate available overdose and 

22 naloxone deployment data into such 

23 programs; 


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1 (IV) evaluating barriers to inte2 grating program data with electronic 

3 health records; and 

4 (V) offering recommendations to 

5 address identified barriers; and 

6 (ii) to develop standards, and encour7 age the use of such standards, for the col8 lection of data necessary to understand 

9 and monitor the opioid crisis, including— 

10 (I) State medical examiner re11 ports on deaths caused by overdoses 

12 and related statistical data; and 

13 (II) first responder opioid intoxi14 cation incidents. 

15 (J) Research initiatives, to be initiated not 

16 later than 30 days after the issuance of the 

17 plan, to evaluate the uses and barriers to use 

18 of and the effects of improving the following 

19 programs: 

20 (i) Medication Assisted Treatment. 

21 (ii) Data collection systems used to 

22 confirm opioid use by individuals who have 

23 been arrested or hospitalized. 

24 (c) RECOMMENDATIONS.—Not later than 1 year after 

25 the date of the enactment of this Act, the Director shall 


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1 submit to Congress a report on the results of the initia2 tives conducted under subsection (b)(2)(K) and rec3 ommendations based on such results. 

4 SEC. 5. EXCEPTIONS AND RULES OF CONSTRUCTION. 

5 (a) RULES OF CONSTRUCTION.—Nothing in this Act, 

6 or the amendments made by this act shall be construed 

7 as derogating the authorities and responsibilities of the 

8 Director of National Intelligence or the Director of the 

9 Central Intelligence Agency contained in the National Se10 curity Act of 1947 (50 U.S.C. 401 et seq.), the Central 

11 Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), 

12 or any other law. 

13 (b) INAPPLICABILITY TO CERTAIN PROGRAMS.—This 

14 Act, and the amendments made by this Act, shall not 

15 apply to the National Intelligence Program and the Mili16 tary Intelligence Program, unless such program or an ele17 ment of such program is designated as a National Drug 

18 Control Program— 

19 (1) by the President; or 

20 (2) jointly by— 

21 (A) in the case of the National Intelligence 

22 Program, the Director and the Director of Na23 tional Intelligence; or 


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1 (B) in the case of the Military Intelligence 

2 Program, the Director, the Director of National 

3 Intelligence, and the Secretary of Defense. 

4 (c) CLASSIFIED INFORMATION.—Any contents of any 

5 report required under this Act or the amendments made 

6 by this Act that involve information properly classified 

7 under criteria established by an Executive order shall be 

8 presented to Congress separately from the rest of such re9 port. 

10 SEC. 6. GAO STUDY AND REPORTS. 

11 (a) REPORTS.— 

12 (1) INITIAL.—Not later than 3 years after the 

13 date of the enactment of this Act, the Comptroller 

14 General shall provide an initial report to the appro15 priate Congressional Committees. 

16 (2) FINAL.—Not later than 6 years after the 

17 date of the enactment of this Act, the Comptroller 

18 General shall provide a final report to the appro19 priate Congressional Committees. 

20 (b) CONTENTS OF REPORT.—The reports described 

21 in subsection (a) shall include the following: 

22 (1) A review of the implementation of the edu23 cation and outreach campaign for emerging threats, 

24 including— 


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1 (A) whether the objectives of the campaign 

2 and the media campaign have been met during 

3 the relevant period; and 

4 (B) whether the Office took steps to en5 sure that the campaign operated in an efficient 

6 and effective manner consistent with the overall 

7 strategy and focus of the campaign. 

8 (2) A review of the adherence to policies and 

9 practices implemented to ensure that Federal funds 

10 were used responsibly to purchase advertising time 

11 and space and eliminate the potential for waste, 

12 fraud and abuse. 

13 (3) An evaluation of the most recent, applicable 

14 National Drug Control Strategy, including whether 

15 the National Drug Control Strategy met the require16 ments of section 1005 of title 31, United States 

17 Code, as added by section 2(b). 

18 (4) An evaluation of whether the required an19 nual assessments prepared by the Office met the re20 quirements of section 1006 of title 31, United States 

21 Code, as added by section 2(b). 

22 (5) Such other matters as the Comptroller Gen23 eral determines to be appropriate. 


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1 SEC. 7. DEFINITIONS. 

2 In this Act, the terms ‘‘appropriate congressional 

3 committees’’, ‘‘Director’’, ‘‘drug’’, ‘‘illicit drug use’’, ‘‘il4 licit drugs’’, and ‘‘National Drug Control Program Agen5 cies’’ have the meaning given those terms in section 1001 

6 of title 31, United States Code. 

Æ 


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