I
115TH CONGRESS 2D SESSION H. R. 5925
To codify provisions relating to the Office of National Drug Control, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 23, 2018
Mr. GOWDY (for himself, Mr. CUMMINGS, Mr. MEADOWS, and Mr. CONNOLLY)
introduced the following bill; which was referred to the Committee on
Oversight and Government Reform, and in addition to the Committees
on Energy and Commerce, Foreign Affairs, the Judiciary, Intelligence
(Permanent Select), and Appropriations, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL To codify provisions relating to the Office of National Drug
Control, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Coordinated Response 4
through Interagency Strategy and Information Sharing 5
Act’’ or the ‘‘CRISIS Act’’. 6
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
2
•HR 5925 IH
SEC. 2. OFFICE OF NATIONAL DRUG CONTROL. 1
(a) REDESIGNATION.—The Office of National Drug 2
Control Policy shall be known as the ‘‘Office of National 3
Drug Control’’. 4
(b) REFERENCES.—Any reference in any other Fed-5
eral law, Executive order, rule, regulation, or delegation 6
of authority, or any document of or relating to the Office 7
of National Drug Control Policy is deemed to refer to the 8
Office of National Drug Control. 9
(c) CODIFICATION.—Subtitle I of title 31, United 10
States Code, is amended by adding at the end the fol-11
lowing new chapter: 12
‘‘CHAPTER 10—OFFICE OF NATIONAL 13
DRUG CONTROL 14
‘‘SUBCHAPTER I—OFFICE
‘‘1001. Definitions.
‘‘1002. Office of National Drug Control.
‘‘1003. Administration of the office.
‘‘1004. National drug control program budget.
‘‘1005. National drug control strategy.
‘‘1006. Development of an annual national drug control assessment.
‘‘1007. Monitoring and evaluation of national drug control program.
‘‘1008. Coordination and oversight of the national drug control program.
‘‘1009. Emerging threats taskforce, plan, media campaign.
‘‘1010. National and international coordination.
‘‘1011. Interdiction.
‘‘1012. Treatment coordinator.
‘‘1013. Critical information coordination.
‘‘1014. Authorization of appropriations.
‘‘SUBCHAPTER II—HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
‘‘1021. High intensity drug trafficking areas program.
‘‘SUBCHAPTER III—DRUG-FREE COMMUNITIES SUPPORT PROGRAM
‘‘1031. Establishment of drug-free communities support program.
‘‘1032. Program authorization.
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
3
•HR 5925 IH
‘‘1033. Information collection and dissemination with respect to grant recipi-
ents.
‘‘1034. Technical assistance and training.
‘‘1035. Supplemental grants for coalition mentoring activities.
‘‘1036. Authorization for National Community Antidrug Coalition Institute.
‘‘1037. Definitions.
‘‘1038. Drug–free communities reauthorization.
‘‘SUBCHAPTER I—OFFICE 1
‘‘§ 1001. Definitions 2
‘‘In this chapter: 3
‘‘(1) AGENCY.—The term ‘agency’ has the 4
meaning given the term ‘executive agency’ in section 5
102. 6
‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT-7
TEES.—The term ‘appropriate congressional com-8
mittees’ means— 9
‘‘(A) the Committee on the Judiciary, the 10
Committee on Appropriations, and the Caucus 11
on International Narcotics Control of the Sen-12
ate; and 13
‘‘(B) the Committee on Oversight and Gov-14
ernment Reform, the Committee on the Judici-15
ary, and the Committee on Appropriations of 16
the House of Representatives. 17
‘‘(3) DEMAND REDUCTION.—The term ‘demand 18
reduction’ means any activity conducted by a Na-19
tional Drug Control Program Agency, other than an 20
enforcement activity, that is intended to reduce or 21
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
4
•HR 5925 IH
prevent the use of drugs or support or provide treat-1
ment and recovery efforts, including— 2
‘‘(A) education about the dangers of illicit 3
drug use; 4
‘‘(B) services, programs, or strategies to 5
prevent substance use disorder, including evi-6
dence-based education campaigns, community- 7
based prevention programs, opioid diversion, 8
collection and disposal of unused prescription 9
drugs, and services to at-risk populations to 10
prevent or delay initial use of an illicit sub-11
stance; 12
‘‘(C) substance use disorder treatment; 13
‘‘(D) illicit drug use research; 14
‘‘(E) drug-free workplace programs; 15
‘‘(F) drug testing, including the testing of 16
employees; 17
‘‘(G) interventions for illicit drug use and 18
dependence; 19
‘‘(H) expanding availability of access to 20
health care services for the treatment of sub-21
stance use disorders; 22
‘‘(I) international drug control coordina-23
tion and cooperation with respect to activities 24
described in this paragraph; 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
5
•HR 5925 IH
‘‘(J) pre- and post-arrest criminal justice 1
interventions such as diversion programs, drug 2
courts, and the provision of evidence-based 3
treatment to individuals with substance use dis-4
orders who are arrested or under some form of 5
criminal justice supervision, including medica-6
tion assisted treatment; 7
‘‘(K) other coordinated and joint initiatives 8
among Federal, State, local, and Tribal agen-9
cies to promote comprehensive drug control 10
strategies designed to reduce the demand for, 11
and the availability of, illegal drugs; 12
‘‘(L) international illicit drug use edu-13
cation, prevention, treatment, recovery, re-14
search, rehabilitation activities, and interven-15
tions for illicit drug use and dependence; and 16
‘‘(M) research related to any of the activi-17
ties described in this paragraph. 18
‘‘(4) DIRECTOR.—The term ‘Director’ means 19
the Director of the Office of National Drug Control. 20
‘‘(5) DRUG.—The term ‘drug’ has the meaning 21
given the term ‘controlled substance’ in section 22
102(6) of the Controlled Substances Act (21 U.S.C. 23
802(6)). 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
6
•HR 5925 IH
‘‘(6) DRUG CONTROL.—The term ‘drug control’ 1
means any activity conducted by a National Drug 2
Control Program Agency involving supply reduction 3
or demand reduction. 4
‘‘(7) EMERGING THREAT.—The term ‘emerging 5
threat’ means the occurrence of a new and growing 6
trend in the use of an illicit drug or class of drugs, 7
including rapid expansion in the supply of or de-8
mand for such drug. 9
‘‘(8) ILLICIT DRUG USE; ILLICIT DRUGS; ILLE-10
GAL DRUGS.—The terms ‘illicit drug use’, ‘illicit 11
drugs’, and ‘illegal drugs’ include the illegal or illicit 12
use of prescription drugs. 13
‘‘(9) LAW ENFORCEMENT.—The term ‘law en-14
forcement’ or ‘drug law enforcement’ means all ef-15
forts by a Federal, State, local, or Tribal govern-16
ment agency to enforce the drug laws of the United 17
States or any State, including investigation, arrest, 18
prosecution, and incarceration or other punishments 19
or penalties. 20
‘‘(10) NATIONAL DRUG CONTROL PROGRAM.— 21
The term ‘National Drug Control Program’ means 22
programs, policies, and activities undertaken by Na-23
tional Drug Control Program Agencies pursuant to 24
the responsibilities of such agencies under the Na-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
7
•HR 5925 IH
tional Drug Control Strategy, including any activi-1
ties involving supply reduction, demand reduction, or 2
State, local, and Tribal affairs. 3
‘‘(11) NATIONAL DRUG CONTROL PROGRAM 4
AGENCY.—The term ‘National Drug Control Pro-5
gram Agency’ means any agency (or bureau, office, 6
independent agency, board, division, commission, 7
subdivision, unit, or other component thereof) that is 8
responsible for implementing any aspect of the Na-9
tional Drug Control Strategy, including any agency 10
that receives Federal funds to implement any aspect 11
of the National Drug Control Strategy, but does not 12
include any agency that receives funds for drug con-13
trol activity solely under the National Intelligence 14
Program or the Military Intelligence Program. 15
‘‘(12) NATIONAL DRUG CONTROL STRATEGY; 16
STRATEGY.—The term ‘National Drug Control 17
Strategy’ or ‘Strategy’ means the strategy developed 18
and submitted to Congress under section 1005. 19
‘‘(13) NONPROFIT ORGANIZATION.—The term 20
‘nonprofit organization’ means an organization that 21
is described in section 501(c)(3) of the Internal Rev-22
enue Code of 1986 and exempt from tax under sec-23
tion 501(a) of such Code. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
8
•HR 5925 IH
‘‘(14) OFFICE.—The term ‘Office’ means the 1
Office of National Drug Control. 2
‘‘(15) STATE, LOCAL, AND TRIBAL AFFAIRS.— 3
The term ‘State, local, and Tribal affairs’ means do-4
mestic activities conducted by a National Drug Con-5
trol Program Agency that are intended to reduce the 6
availability and use of illegal drugs, including— 7
‘‘(A) coordination and enhancement of 8
Federal, State, local, and Tribal law enforce-9
ment drug control efforts; 10
‘‘(B) coordination and enhancement of ef-11
forts among National Drug Control Program 12
Agencies and State, local, and Tribal demand 13
reduction and supply reduction agencies; 14
‘‘(C) coordination and enhancement of 15
Federal, State, local, and Tribal law enforce-16
ment initiatives to gather, analyze, and dissemi-17
nate information and law enforcement intel-18
ligence relating to drug control among domestic 19
law enforcement agencies; and 20
‘‘(D) other coordinated and joint initiatives 21
among Federal, State, local, and Tribal agen-22
cies to promote comprehensive drug control 23
strategies designed to reduce the demand for, 24
and the availability of, illegal drugs. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
9
•HR 5925 IH
‘‘(16) SUBSTANCE USE DISORDER TREAT-1
MENT.—The term ‘substance use disorder treat-2
ment’ means an evidence-based, professionally di-3
rected, deliberate, and planned regimen including 4
evaluation, observation, medical monitoring, and re-5
habilitative services and interventions such as 6
pharmacotherapy, behavioral therapy, and individual 7
and group counseling, on an inpatient or outpatient 8
basis, to help patients with substance use disorder 9
reach recovery. 10
‘‘(17) SUPPLY REDUCTION.—The term ‘supply 11
reduction’ means any activity or program conducted 12
by a National Drug Control Program Agency that is 13
intended to reduce the availability or use of illegal 14
drugs in the United States or abroad, including— 15
‘‘(A) law enforcement outside the United 16
States; 17
‘‘(B) domestic law enforcement; 18
‘‘(C) source country programs, including 19
economic development programs primarily in-20
tended to reduce the production or trafficking 21
of illicit drugs; 22
‘‘(D) activities to control international traf-23
ficking in, and availability of, illegal drugs, in-24
cluding— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
10
•HR 5925 IH
‘‘(i) accurate assessment and moni-1
toring of international drug production and 2
interdiction programs and policies; and 3
‘‘(ii) coordination and promotion of 4
compliance with international treaties re-5
lating to the production, transportation, or 6
interdiction of illegal drugs; 7
‘‘(E) activities to conduct and promote 8
international law enforcement programs and 9
policies to reduce the supply of drugs; 10
‘‘(F) activities to facilitate and enhance the 11
sharing of domestic and foreign intelligence in-12
formation among National Drug Control Pro-13
gram Agencies, relating to the production and 14
trafficking of drugs in the United States and in 15
foreign countries; 16
‘‘(G) activities to prevent the diversion of 17
drugs for their illicit use; and 18
‘‘(H) research related to any of the activi-19
ties described in this paragraph. 20
‘‘§ 1002. Office of National Drug Control 21
‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab-22
lished in the Executive Office of the President an Office 23
of National Drug Control, which shall— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
11
•HR 5925 IH
‘‘(1) lead national drug control efforts, includ-1
ing developing and assessing implementation of evi-2
dence-based drug control policy; 3
‘‘(2) coordinate and oversee the implementation 4
of the national drug control policy, including the Na-5
tional Drug Control Strategy; 6
‘‘(3) assess and certify the adequacy of Na-7
tional Drug Control Programs and the budget for 8
those programs; 9
‘‘(4) monitor and evaluate the effectiveness of 10
national drug control policy efforts, including the 11
National Drug Control Program Agencies’ pro-12
grams, by developing and applying specific goals and 13
performance measurements and tracking program- 14
level spending; 15
‘‘(5) identify and respond to emerging threats 16
related to illicit drug use; 17
‘‘(6) administer and evaluate grant programs in 18
furtherance of the National Drug Control Strategy; 19
and 20
‘‘(7) facilitate broad-scale information sharing 21
and data standardization among Federal, State, and 22
local entities to support the national drug control ef-23
forts. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
12
•HR 5925 IH
‘‘(b) DIRECTOR OF NATIONAL DRUG CONTROL AND 1
DEPUTY DIRECTORS.— 2
‘‘(1) DIRECTOR.— 3
‘‘(A) IN GENERAL.—There shall be at the 4
head of the Office a Director who shall hold the 5
same rank and status as the head of an execu-6
tive department listed in section 101 of title 5, 7
United States Code. 8
‘‘(B) APPOINTMENT.—The Director shall 9
be appointed by the President, by and with the 10
advice and consent of the Senate, and shall 11
serve at the pleasure of the President. 12
‘‘(2) DEPUTY DIRECTOR.— 13
‘‘(A) IN GENERAL.—There shall be a Dep-14
uty Director who shall report directly to the Di-15
rector, be appointed by the President, and serve 16
at the pleasure of the President. 17
‘‘(B) RESPONSIBILITIES.—The Deputy Di-18
rector shall— 19
‘‘(i) carry out the responsibilities dele-20
gated by the Director; and 21
‘‘(ii) be responsible for effectively co-22
ordinating with the Coordinators. 23
‘‘(c) RESPONSIBILITIES.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
13
•HR 5925 IH
‘‘(1) POLICIES, GOALS, OBJECTIVES, AND PRI-1
ORITIES.—The Director shall assist the President in 2
directing national drug control efforts, including es-3
tablishing policies, goals, objectives, and priorities 4
for the National Drug Control Program that are 5
based on evidence-based research. 6
‘‘(2) CONSULTATION.—To formulate the Na-7
tional Drug Control policies, goals, objectives, and 8
priorities, the Director— 9
‘‘(A) shall consult with— 10
‘‘(i) State and local governments; 11
‘‘(ii) National Drug Control Program 12
Agencies; 13
‘‘(iii) each committee, working group, 14
council, or other entity established under 15
this chapter, as appropriate; 16
‘‘(iv) the public; 17
‘‘(v) appropriate congressional com-18
mittees; and 19
‘‘(vi) any other person in the discre-20
tion of the Director; and 21
‘‘(B) may— 22
‘‘(i) establish advisory councils; 23
‘‘(ii) acquire data from agencies; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
14
•HR 5925 IH
‘‘(iii) request data from any other en-1
tity. 2
‘‘§ 1003. Administration of the office 3
‘‘(a) EMPLOYMENT.— 4
‘‘(1) AUTHORITY OF THE DIRECTOR.—The Di-5
rector may select, appoint, employ, and fix com-6
pensation of such officers and employees of the Of-7
fice as may be necessary to carry out the functions 8
of the Office under this chapter. 9
‘‘(2) PROHIBITIONS.— 10
‘‘(A) GENERALLY.—No person shall serve 11
as Director or Deputy Director while serving in 12
any other position in the Federal Government. 13
‘‘(B) PROHIBITION ON POLITICAL CAM-14
PAIGNING.—Any officer or employee of the Of-15
fice who is appointed to that position by the 16
President, by and with the advice and consent 17
of the Senate, may not participate in Federal 18
election campaign activities, except that such 19
official is not prohibited by this paragraph from 20
making contributions to individual candidates. 21
‘‘(b) PROHIBITION ON THE USE OF FUNDS FOR PO-22
LITICAL CAMPAIGNS OR BALLOT INITIATIVES.—No funds 23
authorized under this chapter may be obligated for the 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
15
•HR 5925 IH
purpose of influencing any Federal, State, or local election 1
or ballot initiative. 2
‘‘(c) PERSONNEL DETAILED TO OFFICE.— 3
‘‘(1) EVALUATIONS.—Notwithstanding any pro-4
vision of chapter 43 of title 5, the Director shall per-5
form the evaluation of the performance of any em-6
ployee detailed to the Office for purposes of the ap-7
plicable performance appraisal system established 8
under such chapter for any rating period, or part 9
thereof, that such employee is detailed to such office. 10
‘‘(2) COMPENSATION.— 11
‘‘(A) BONUS PAYMENTS.—Subject to the 12
availability of appropriations, the Director may 13
provide periodic bonus payments to any em-14
ployee detailed to the Office. 15
‘‘(B) RESTRICTIONS.—An amount paid 16
under this paragraph to an employee for any 17
period— 18
‘‘(i) shall not be greater than 20 per-19
cent of the basic pay paid or payable to 20
such employee for such period; and 21
‘‘(ii) shall be in addition to the basic 22
pay of such employee. 23
‘‘(C) AGGREGATE AMOUNT.—The aggre-24
gate amount paid during any fiscal year to an 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
16
•HR 5925 IH
employee detailed to the Office as basic pay, 1
awards, bonuses, and other compensation shall 2
not exceed the annual rate payable at the end 3
of such fiscal year for positions at level III of 4
the Executive Schedule. 5
‘‘(d) CONGRESSIONAL ACCESS TO INFORMATION.— 6
The location of the Office in the Executive Office of the 7
President shall not be construed as affecting access by 8
Congress, or any committee of the House of Representa-9
tives or the Senate, to any— 10
‘‘(1) information, document, or study in the 11
possession of, or conducted by or at the direction of 12
the Director; or 13
‘‘(2) personnel of the Office. 14
‘‘(e) OTHER AUTHORITIES OF THE DIRECTOR.—In 15
carrying out this chapter, the Director may— 16
‘‘(1) use for administrative purposes, on a reim-17
bursable basis, the available services, equipment, 18
personnel, and facilities of Federal, State, and local 19
agencies; 20
‘‘(2) procure the services of experts and con-21
sultants in accordance with section 3109 of title 5 22
relating to appointments in the Federal Service, at 23
rates of compensation for individuals not to exceed 24
the daily equivalent of the rate of pay payable under 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
17
•HR 5925 IH
level IV of the Executive Schedule under section 1
5311 of such title; and 2
‘‘(3) use the mails in the same manner as any 3
other agency. 4
‘‘(f) GENERAL SERVICES ADMINISTRATION.—The 5
Administrator of General Services shall provide to the Di-6
rector, on a reimbursable basis, such administrative sup-7
port services as the Director may request. 8
‘‘§ 1004. National drug control program budget 9
‘‘(a) BUDGET RECOMMENDATIONS.—Not later than 10
July 1 of each year, the Director shall provide to the head 11
of each National Drug Control Program Agency budget 12
recommendations, including requests for specific initia-13
tives that are consistent with the priorities of the Presi-14
dent under the National Drug Control Strategy, which 15
shall— 16
‘‘(1) apply to the budget for the next fiscal year 17
scheduled for formulation under chapter 11, and 18
each of the 4 subsequent fiscal years; and 19
‘‘(2) address funding priorities developed in the 20
National Drug Control Strategy. 21
‘‘(b) RESPONSIBILITIES OF NATIONAL DRUG CON-22
TROL PROGRAM AGENCIES.— 23
‘‘(1) IN GENERAL.—For each fiscal year, the 24
head of each National Drug Control Program Agen-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
18
•HR 5925 IH
cy shall transmit to the Director a copy of the pro-1
posed drug control budget request of such agency at 2
the same time as that budget request is submitted 3
to their superiors (and before submission to the Of-4
fice of Management and Budget) in the preparation 5
of the budget of the President submitted to Con-6
gress under section 1105(a). 7
‘‘(2) SUBMISSION OF DRUG CONTROL BUDGET 8
REQUESTS.—The head of each National Drug Con-9
trol Program Agency shall ensure timely develop-10
ment and submission to the Director of each pro-11
posed drug control budget request transmitted pur-12
suant to this subsection, in such format as may be 13
designated by the Director with the concurrence of 14
the Director of the Office of Management and Budg-15
et. 16
‘‘(3) CONTENT OF DRUG CONTROL BUDGET RE-17
QUESTS.—A drug control budget request submitted 18
by the head of a National Drug Control Program 19
Agency under this subsection shall include all re-20
quests for funds for any drug control activity under-21
taken by such agency, including demand reduction, 22
supply reduction, and State, local, and Tribal af-23
fairs, including any drug law enforcement activities. 24
If an activity has both drug control and nondrug 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
19
•HR 5925 IH
control purposes or applications, such agency shall 1
estimate by a documented calculation the total funds 2
requested for that activity that would be used for 3
drug control, and shall set forth in its request the 4
basis and method for making the estimate. 5
‘‘(c) REVIEW AND CERTIFICATION OF BUDGET RE-6
QUESTS AND BUDGET SUBMISSIONS OF NATIONAL DRUG 7
CONTROL PROGRAM AGENCIES.— 8
‘‘(1) IN GENERAL.—The Director shall review 9
each drug control budget request submitted to the 10
Director under subsection (b). 11
‘‘(2) REVIEW OF BUDGET REQUESTS.— 12
‘‘(A) INADEQUATE REQUESTS.—If the Di-13
rector concludes that a budget request sub-14
mitted under subsection (b) is inadequate, in 15
whole or in part, to implement the objectives of 16
the National Drug Control Strategy with re-17
spect to the agency or program at issue for the 18
year for which the request is submitted, the Di-19
rector shall submit to the head of the applicable 20
National Drug Control Program Agency a writ-21
ten description identifying the funding levels 22
and specific initiatives that would, in the deter-23
mination of the Director, make the request ade-24
quate to implement those objectives. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
20
•HR 5925 IH
‘‘(B) ADEQUATE REQUESTS.—If the Direc-1
tor concludes that a budget request submitted 2
under subsection (b) is adequate to implement 3
the objectives of the National Drug Control 4
Strategy with respect to the agency or program 5
at issue for the year for which the request is 6
submitted, the Director shall submit to the 7
head of the applicable National Drug Control 8
Program Agency a written statement con-9
firming the adequacy of the request. 10
‘‘(C) RECORD.—The Director shall main-11
tain a record of each description submitted 12
under subparagraph (A) and each statement 13
submitted under subparagraph (B). 14
‘‘(3) SPECIFIC REQUESTS.—The Director shall 15
not confirm the adequacy of any budget request that 16
requests a level of funding that will not enable 17
achievement of the goals of the National Drug Con-18
trol Strategy, including— 19
‘‘(A) requests funding for Federal law en-20
forcement activities that do not adequately com-21
pensate for transfers of drug enforcement re-22
sources and personnel to law enforcement and 23
investigation activities; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
21
•HR 5925 IH
‘‘(B) requests funding for law enforcement 1
activities on the borders of the United States 2
that do not adequately direct resources to drug 3
interdiction and enforcement; 4
‘‘(C) requests funding for drug treatment 5
activities that do not provide adequate results 6
and accountability measures; 7
‘‘(D) requests funding for drug treatment 8
activities that do not adequately support and 9
enhance Federal drug treatment programs and 10
capacity; and 11
‘‘(E) requests funding for the operations 12
and management of the Department of Home-13
land Security that does not include a specific 14
request for funds for the Office of Counter-15
narcotics Enforcement to carry out its respon-16
sibilities under section 878 of the Homeland Se-17
curity Act of 2002 (6 U.S.C. 458). 18
‘‘(4) AGENCY RESPONSE.— 19
‘‘(A) IN GENERAL.—The head of a Na-20
tional Drug Control Program Agency that re-21
ceives a description under paragraph (2)(A) 22
shall include the funding levels and initiatives 23
described by the Director in the budget submis-24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
22
•HR 5925 IH
sion for that agency to the Office of Manage-1
ment and Budget. 2
‘‘(B) IMPACT STATEMENT.—The head of a 3
National Drug Control Program Agency that 4
has altered its budget submission under this 5
paragraph shall include as an appendix to the 6
budget submission for that agency to the Office 7
of Management and Budget an impact state-8
ment that summarizes— 9
‘‘(i) the changes made to the budget 10
under this paragraph; and 11
‘‘(ii) the impact of those changes on 12
the ability of that agency to perform its 13
other responsibilities, including any impact 14
on specific missions or programs of the 15
agency. 16
‘‘(C) CONGRESSIONAL NOTIFICATION.— 17
The head of a National Drug Control Program 18
Agency shall submit a copy of any impact state-19
ment under subparagraph (B) to the Senate, 20
the House of Representatives, and the appro-21
priate congressional committees, at the time the 22
budget for that agency is submitted to Congress 23
under section 1105(a). 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
23
•HR 5925 IH
‘‘(5) CERTIFICATION OF BUDGET SUBMIS-1
SIONS.— 2
‘‘(A) IN GENERAL.—At the time a Na-3
tional Drug Control Program Agency submits 4
its budget request to the Office of Management 5
and Budget, the head of the National Drug 6
Control Program Agency shall submit a copy of 7
the budget request to the Director. 8
‘‘(B) REVIEW AND CERTIFICATION OF 9
SUBMISSIONS.—The Director shall review each 10
budget submission submitted under subpara-11
graph (A) and submit to the appropriate con-12
gressional committees one of the following: 13
‘‘(i) A written certification of the 14
budget request for the agency indicating 15
such request fully funds the National Drug 16
Control Programs as necessary to achieve 17
the goals of the National Drug Control 18
Strategy, including a written statement ex-19
plaining the basis for the determination 20
that the budget provides sufficient re-21
sources for the agency to achieve the goals 22
of the Strategy. 23
‘‘(ii) A written certification of the 24
budget request for the agency indicating 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
24
•HR 5925 IH
such request partially funds the National 1
Drug Control Programs as necessary to 2
achieve the goals of the Strategy, including 3
a written statement explaining the basis 4
for the determination and identifying the 5
level of funding sufficient to achieve the 6
goals of the Strategy. 7
‘‘(iii) A written decertification of the 8
budget request for the agency indicating 9
the Director is unable to determine wheth-10
er such budget request for the agency fully 11
funds or partially funds the National Drug 12
Control Programs as necessary to achieve 13
the goals of the National Drug Control 14
Strategy, including a written statement 15
identifying the additional information nec-16
essary for the Director to make a deter-17
mination on such budget and the level of 18
funding sufficient to achieve the goals of 19
the Strategy. 20
‘‘(iv) A written decertification of the 21
budget request for the agency indicating 22
that such budget is insufficient to fund the 23
National Drug Control Programs as nec-24
essary to achieve the goals of the Strategy, 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
25
•HR 5925 IH
including a written statement explaining 1
the basis for the determination that the 2
budget is insufficient and identifying the 3
level of funding sufficient to achieve the 4
goals of the Strategy. 5
‘‘(d) NATIONAL DRUG CONTROL PROGRAM BUDGET 6
PROPOSAL.—For each fiscal year, following the trans-7
mission of proposed drug control budget requests to the 8
Director under subsection (b), the Director shall, in con-9
sultation with the head of each National Drug Control 10
Program Agency and the head of each major national or-11
ganization that represents law enforcement officers, agen-12
cies, or associations— 13
‘‘(1) develop a consolidated National Drug Con-14
trol Program budget proposal designed to implement 15
the National Drug Control Strategy and to inform 16
Congress and the public about the total amount pro-17
posed to be spent on all supply reduction, demand 18
reduction, State, local, and Tribal affairs, including 19
any drug law enforcement, and other drug control 20
activities by the Federal Government, which shall 21
conform to the content requirements set forth in 22
subsection (b)(3) and include— 23
‘‘(A) for each National Drug Control Pro-24
gram Agency, a list of whether the funding level 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
26
•HR 5925 IH
is full, partial, or insufficient to achieve the 1
goals of the National Drug Control Strategy or 2
whether the Director is unable to determine 3
whether the budget request for the agency fully 4
funds or partially funds the agency’s activities 5
and contributions as necessary to achieve the 6
goals of National Drug Control Strategy; 7
‘‘(B) a statement describing the extent to 8
which any budget of a National Drug Control 9
Program Agency with less than full funding 10
hinders progress on achieving the goals of the 11
National Drug Control Strategy; and 12
‘‘(C) alternative funding structures that 13
could improve progress on achieving the goals 14
of the National Drug Control Strategy; and 15
‘‘(2) submit the consolidated budget proposal to 16
the President and Congress. 17
‘‘(e) BUDGET ESTIMATE OR REQUEST SUBMISSION 18
TO CONGRESS.—Whenever the Director submits any 19
budget estimate or request to the President or the Office 20
of Management and Budget, the Director shall concur-21
rently transmit copies of that estimate or request to the 22
appropriate congressional committees. 23
‘‘(f) REPROGRAMMING AND TRANSFER REQUESTS.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
27
•HR 5925 IH
‘‘(1) IN GENERAL.—No National Drug Control 1
Program Agency shall submit to Congress a re-2
programming or transfer request with respect to any 3
amount of appropriated funds in an amount exceed-4
ing $1,000,000 that is included in the National 5
Drug Control Program budget unless the request 6
has been approved by the Director. If the Director 7
has not responded to a request for reprogramming 8
subject to this paragraph within 30 days after re-9
ceiving notice of the request having been made, the 10
request shall be deemed approved by the Director 11
under this paragraph and forwarded to Congress. 12
‘‘(2) APPEAL.—The head of any National Drug 13
Control Program Agency may appeal to the Presi-14
dent any disapproval by the Director of a re-15
programming or transfer request under this sub-16
section. 17
‘‘§ 1005. National drug control strategy 18
‘‘(a) IN GENERAL.— 19
‘‘(1) STATEMENT OF DRUG POLICY PRIOR-20
ITIES.—The Director shall release a statement of 21
drug policy priorities in the calendar year of a Presi-22
dential inauguration following the inauguration but 23
not later than April 1. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
28
•HR 5925 IH
‘‘(2) NATIONAL DRUG CONTROL STRATEGY 1
SUBMITTED BY THE PRESIDENT.—Not later than 2
the first Monday in February following the year in 3
which the term of the President commences, the 4
President shall submit to Congress a National Drug 5
Control Strategy. 6
‘‘(b) DEVELOPMENT OF THE NATIONAL DRUG CON-7
TROL STRATEGY.— 8
‘‘(1) PROMULGATION.—The Director shall pro-9
mulgate the National Drug Control Strategy, which 10
shall set forth a comprehensive plan to reduce illicit 11
drug use and the consequences of such illicit drug 12
use in the United States by limiting the availability 13
of and reducing the demand for illegal drugs and 14
promoting prevention, early intervention, treatment, 15
and recovery support for individuals with substance 16
use disorders. 17
‘‘(2) STATE AND LOCAL COMMITMENT.—The 18
Director shall seek the support and commitment of 19
State, local, and Tribal officials in the formulation 20
and implementation of the National Drug Control 21
Strategy. 22
‘‘(3) STRATEGY BASED ON EVIDENCE.—The Di-23
rector shall ensure the National Drug Control Strat-24
egy is based on the best available medical and sci-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
29
•HR 5925 IH
entific evidence regarding the policies that are most 1
effective in reducing the demand for and supply of 2
illegal drugs. 3
‘‘(4) PROCESS FOR DEVELOPMENT AND SUB-4
MISSION OF NATIONAL DRUG CONTROL STRATEGY.— 5
In developing and effectively implementing the Na-6
tional Drug Control Strategy, the Director— 7
‘‘(A) shall consult with— 8
‘‘(i) the heads of the National Drug 9
Control Program Agencies; 10
‘‘(ii) the United States Interdiction 11
Coordinator; 12
‘‘(iii) the Interdiction Committee; 13
‘‘(iv) the appropriate congressional 14
committees and any other committee of ju-15
risdiction; 16
‘‘(v) State, local, and Tribal officials; 17
‘‘(vi) private citizens and organiza-18
tions, including community and faith-based 19
organizations, with experience and exper-20
tise in demand reduction; 21
‘‘(vii) private citizens and organiza-22
tions with experience and expertise in sup-23
ply reduction; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
30
•HR 5925 IH
‘‘(viii) appropriate representatives of 1
foreign governments; and 2
‘‘(B) in satisfying the requirements of sub-3
paragraph (A), shall ensure, to the maximum 4
extent possible, that State, local, and Tribal of-5
ficials and relevant private organizations com-6
mit to support and take steps to achieve the 7
goals and objectives of the National Drug Con-8
trol Strategy. 9
‘‘(c) CONTENTS OF THE NATIONAL DRUG CONTROL 10
STRATEGY.— 11
‘‘(1) IN GENERAL.—The National Drug Control 12
Strategy submitted under subsection (a)(2) shall in-13
clude the following: 14
‘‘(A) A description of the current preva-15
lence of illicit drug use in the United States, in-16
cluding both the availability of illicit drugs and 17
the prevalence of substance use disorders, which 18
shall include the following: 19
‘‘(i) Such description for the previous 20
three years for any drug identified as an 21
emerging threat under section 1009 and 22
any other illicit drug identified by the Di-23
rector as having a significant impact on 24
the prevalence of illicit drug use. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
31
•HR 5925 IH
‘‘(ii) A summary of the data and 1
trends presented in the Drug Control Data 2
Dashboard required under section 1013. 3
‘‘(B) A mission statement detailing the 4
major functions of the National Drug Control 5
Program. 6
‘‘(C) A list of comprehensive, research- 7
based, long-range, quantifiable goals for reduc-8
ing illicit drug use, including— 9
‘‘(i) the percentage of the total flow of 10
illicit drugs to be interdicted during the 11
time period covered by the Strategy; and 12
‘‘(ii) the number of individuals to re-13
ceive treatment for substance use dis-14
orders. 15
‘‘(D) A description of how each goal listed 16
in the National Drug Control Strategy will be 17
achieved, including— 18
‘‘(i) a list of relevant National Drug 19
Control Program Agencies and each such 20
agency’s related programs, activities, and 21
available assets and the role of each such 22
program, activity, and asset in achieving 23
the goal; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
32
•HR 5925 IH
‘‘(ii) a list of relevant stakeholders 1
and each such stakeholder’s role in achiev-2
ing the goal; 3
‘‘(iii) an estimate of Federal funding 4
and other resources needed to achieve each 5
goal; 6
‘‘(iv) an identification of existing or 7
new coordinating mechanisms needed to 8
achieve the goal; and 9
‘‘(v) a description of the Office’s role 10
in facilitating the achievement of such 11
goal. 12
‘‘(E) For each year covered by the Strat-13
egy, a performance evaluation plan for each 14
goal listed in the National Drug Control Strat-15
egy for each National Drug Control Program 16
Agency, including— 17
‘‘(i) specific performance measures for 18
each National Drug Control Program 19
Agency and each such agency’s related 20
programs and activities; 21
‘‘(ii) annual and quarterly objectives 22
and targets for each performance measure; 23
and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
33
•HR 5925 IH
‘‘(iii) an estimate of Federal funding 1
and other resources needed to achieve each 2
performance measure. 3
‘‘(F) A list identifying existing data 4
sources or a description of data collection need-5
ed to evaluate performance, including a descrip-6
tion of how the Director will obtain such data. 7
‘‘(G) A list of anticipated challenges to 8
achieving the National Drug Control Strategy 9
goals and planned actions to address such chal-10
lenges; 11
‘‘(H) A description of how each goal was 12
determined, including— 13
‘‘(i) a description of each required 14
consultation and how such consultation 15
was incorporated; 16
‘‘(ii) data, research, or other informa-17
tion used to inform the decision; and 18
‘‘(iii) a statement of whether the goal 19
established in subparagraph (C)(i) will be 20
adequate to disrupt drug trafficking orga-21
nizations that supply the majority of for-22
eign-sourced illicit drugs trafficked into the 23
United States. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
34
•HR 5925 IH
‘‘(I) A 5-year projection for program and 1
budget priorities. 2
‘‘(J) A review of international, State, local, 3
and private sector drug control activities to en-4
sure that the United States pursues coordinated 5
and effective drug control at all levels of gov-6
ernment. 7
‘‘(K) Such statistical data and information 8
as the Director considers appropriate to dem-9
onstrate and assess trends relating to illicit 10
drug use, the effects and consequences of illicit 11
drug use (including the effects on children), 12
supply reduction, demand reduction, drug-re-13
lated law enforcement, and the implementation 14
of the National Drug Control Strategy. 15
‘‘(2) ADDITIONAL STRATEGIES.— 16
‘‘(A) IN GENERAL.—The Director shall in-17
clude in the National Drug Control Strategy 18
the additional strategies required under this 19
paragraph and shall comply with the following: 20
‘‘(i) Provide a copy of the additional 21
strategies to the appropriate congressional 22
committees and to the Committee on 23
Armed Services and the Committee on 24
Homeland Security of the House of Rep-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
35
•HR 5925 IH
resentatives, and the Committee on Home-1
land Security and Governmental Affairs 2
and the Committee on Armed Services of 3
the Senate. 4
‘‘(ii) Issue the additional strategies in 5
consultation with the head of each relevant 6
National Drug Control Program Agency 7
and any relevant official of a State, local 8
or Tribal government, and the government 9
of other countries. 10
‘‘(iii) Not change any existing agency 11
authority or construe any strategy de-12
scribed under this paragraph to amend or 13
modify any law governing interagency rela-14
tionship but may include recommendations 15
about changes to such authority or law. 16
‘‘(iv) Present separately from the rest 17
of any strategy described under this para-18
graph any information classified under cri-19
teria established by an Executive order, or 20
whose public disclosure, as determined by 21
the Director or the head of any relevant 22
National Drug Control Program Agency, 23
would be detrimental to the law enforce-24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
36
•HR 5925 IH
ment or national security activities of any 1
Federal, State, local, or Tribal agency. 2
‘‘(B) REQUIREMENT FOR SOUTHWEST 3
BORDER COUNTERNARCOTICS.— 4
‘‘(i) PURPOSES.—The Southwest Bor-5
der Counternarcotics Strategy shall— 6
‘‘(I) set forth the Government’s 7
strategy for preventing the illegal traf-8
ficking of drugs across the inter-9
national border between the United 10
States and Mexico, including through 11
ports of entry and between ports of 12
entry on that border; 13
‘‘(II) state the specific roles and 14
responsibilities of the relevant Na-15
tional Drug Control Program Agen-16
cies for implementing that strategy; 17
and 18
‘‘(III) identify the specific re-19
sources required to enable the relevant 20
National Drug Control Program 21
Agencies to implement that strategy. 22
‘‘(ii) SPECIFIC CONTENT RELATED TO 23
DRUG TUNNELS BETWEEN THE UNITED 24
STATES AND MEXICO.—The Southwest 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
37
•HR 5925 IH
Border Counternarcotics Strategy shall in-1
clude— 2
‘‘(I) a strategy to end the con-3
struction and use of tunnels and sub-4
terranean passages that cross the 5
international border between the 6
United States and Mexico for the pur-7
pose of illegal trafficking of drugs 8
across such border; and 9
‘‘(II) recommendations for crimi-10
nal penalties for persons who con-11
struct or use such a tunnel or sub-12
terranean passage for such a purpose. 13
‘‘(C) REQUIREMENT FOR NORTHERN BOR-14
DER COUNTERNARCOTICS STRATEGY.— 15
‘‘(i) PURPOSES.—The Northern Bor-16
der Counternarcotics Strategy shall— 17
‘‘(I) set forth the strategy of the 18
Federal Government for preventing 19
the illegal trafficking of drugs across 20
the international border between the 21
United States and Canada, including 22
through ports of entry and between 23
ports of entry on the border; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
38
•HR 5925 IH
‘‘(II) state the specific roles and 1
responsibilities of each relevant Na-2
tional Drug Control Program Agency 3
for implementing the strategy; 4
‘‘(III) identify the specific re-5
sources required to enable the relevant 6
National Drug Control Program 7
Agencies to implement the strategy; 8
‘‘(IV) be designed to promote, 9
and not hinder, legitimate trade and 10
travel; and 11
‘‘(V) reflect the unique nature of 12
small communities along the inter-13
national border between the United 14
States and Canada, ongoing coopera-15
tion and coordination with Canadian 16
law, enforcement authorities, and 17
variations in the volumes of vehicles 18
and pedestrians crossing through 19
ports of entry along the international 20
border between the United States and 21
Canada. 22
‘‘(ii) SPECIFIC CONTENT RELATED TO 23
CROSS-BORDER INDIAN RESERVATIONS.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
39
•HR 5925 IH
The Northern Border Counternarcotics 1
Strategy shall include— 2
‘‘(I) a strategy to end the illegal 3
trafficking of drugs to or through In-4
dian reservations on or near the inter-5
national border between the United 6
States and Canada; and 7
‘‘(II) recommendations for addi-8
tional assistance, if any, needed by 9
Tribal law enforcement agencies relat-10
ing to the strategy, including an eval-11
uation of Federal technical and finan-12
cial assistance, infrastructure capacity 13
building, and interoperability defi-14
ciencies. 15
‘‘(3) CLASSIFIED INFORMATION.—Any contents 16
of the National Drug Control Strategy that involve 17
information properly classified under criteria estab-18
lished by an Executive order shall be presented to 19
Congress separately from the rest of the National 20
Drug Control Strategy. 21
‘‘(4) SELECTION OF DATA AND INFORMA-22
TION.—In selecting data and information for inclu-23
sion under paragraph (1), the Director shall en-24
sure— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
40
•HR 5925 IH
‘‘(A) the inclusion of data and information 1
that will permit analysis of current trends 2
against previously compiled data and informa-3
tion where the Director believes such analysis 4
enhances long-term assessment of the National 5
Drug Control Strategy; and 6
‘‘(B) the inclusion of data and information 7
to permit a standardized and uniform assess-8
ment of the effectiveness of drug treatment pro-9
grams in the United States. 10
‘‘(d) ANNUAL PERFORMANCE SUPPLEMENT.—Not 11
later than the first Monday in February of each year fol-12
lowing the year in which the National Drug Control Strat-13
egy is submitted pursuant to subsection (a)(2), the Direc-14
tor shall submit to the appropriate congressional commit-15
tees a supplement to the Strategy that shall include— 16
‘‘(1) annual and quarterly quantifiable and 17
measurable objectives and specific targets to accom-18
plish long-term quantifiable goals specified in the 19
Strategy; and 20
‘‘(2) for each year covered by the Strategy, a 21
performance evaluation plan for each goal listed in 22
the Strategy for each National Drug Control Pro-23
gram Agency, including— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
41
•HR 5925 IH
‘‘(A) specific performance measures for 1
each National Drug Control Program Agency 2
and each such agency’s related programs and 3
activities; 4
‘‘(B) annual and quarterly objectives and 5
targets for each performance measure; and 6
‘‘(C) an estimate of Federal funding and 7
other resources needed to achieve each perform-8
ance measure. 9
‘‘(e) SUBMISSION OF REVISED STRATEGY.—The 10
President may submit to Congress a revised National 11
Drug Control Strategy that meets the requirements of this 12
section— 13
‘‘(1) at any time, upon a determination of the 14
President, in consultation with the Director, that the 15
National Drug Control Strategy in effect is not suf-16
ficiently effective; or 17
‘‘(2) if a new President or Director takes office. 18
‘‘§ 1006. Development of an annual national drug con-19
trol assessment 20
‘‘(a) TIMING.—Not later than the first Monday in 21
February of each year, the Director shall submit to the 22
President, Congress, and the appropriate congressional 23
committees, a report assessing the progress of each Na-24
tional Drug Control Program Agency toward achieving the 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
42
•HR 5925 IH
annual goals, objectives, and targets contained in the Na-1
tional Drug Control Strategy applicable to the prior fiscal 2
year. 3
‘‘(b) PROCESS FOR DEVELOPMENT OF THE ANNUAL 4
ASSESSMENT.—Not later than November 1 of each year, 5
the head of each National Drug Control Program Agency 6
shall submit, in accordance with guidance issued by the 7
Director, to the Director an evaluation of progress by the 8
agency with respect to drug control program goals using 9
the performance measures for the agency developed under 10
this section, including progress with respect to— 11
‘‘(1) success in achieving the goals of the Na-12
tional Drug Control Strategy; 13
‘‘(2) success in reducing domestic and foreign 14
sources of illegal drugs; 15
‘‘(3) success in expanding access to and in-16
creasing the effectiveness of substance use disorder 17
treatment; 18
‘‘(4) success in protecting the borders of the 19
United States (and in particular the Southwestern 20
border of the United States) from penetration by il-21
legal narcotics; 22
‘‘(5) success in reducing crime associated with 23
drug use in the United States; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
43
•HR 5925 IH
‘‘(6) success in reducing the negative health 1
and social consequences of drug use in the United 2
States; and 3
‘‘(7) implementation of drug treatment and pre-4
vention programs in the United States and improve-5
ments in the adequacy and effectiveness of such pro-6
grams. 7
‘‘(c) CONTENTS OF THE ANNUAL ASSESSMENT.— 8
The Director shall include in the annual assessment re-9
quired under subsection (a)— 10
‘‘(1) a summary of each evaluation received by 11
the Director under subsection (b); 12
‘‘(2) a summary of the progress of each Na-13
tional Drug Control Program Agency toward the 14
drug control program goals of the agency using the 15
performance measures for the agency developed 16
under this section; 17
‘‘(3) an assessment of the effectiveness of each 18
Drug Control Program agency and program in 19
achieving the National Drug Control Strategy for 20
the previous year, including a specific evaluation of 21
whether the applicable goals, measures, objectives, 22
and targets for the previous year were met; 23
‘‘(4) for National Drug Control Program Agen-24
cies that administer grant programs, an evaluation 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
44
•HR 5925 IH
of the effectiveness of each grant program, including 1
an accounting of the funds disbursed by the pro-2
gram in the prior year and a summary of how those 3
funds were used by the grantees and sub-grantees 4
during that period; 5
‘‘(5) a detailed accounting of the amount of 6
funds obligated by each National Drug Control Pro-7
gram Agency in carrying out the responsibilities of 8
that agency under the Strategy, including the infor-9
mation submitted to the Director under section 10
1007(b); 11
‘‘(6) an assessment of the effectiveness of any 12
Emerging Threat Response Plan in effect for the 13
previous year, including a specific evaluation of 14
whether the objectives and targets were met and rea-15
sons for the success or failure of the previous year’s 16
plan; 17
‘‘(7) a detailed accounting of the amount of 18
funds obligated during the previous fiscal year for 19
carrying out the media campaign under section 20
1009(d), including each recipient of funds, the pur-21
pose of each expenditure, the amount of each ex-22
penditure, any available outcome information, and 23
any other information necessary to provide a com-24
plete accounting of the funds expended; and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
45
•HR 5925 IH
‘‘(8) the assessments required under this sub-1
section shall be based on the Performance Measure-2
ment System describe in subsection (d). 3
‘‘(d) PERFORMANCE MEASUREMENT SYSTEM.—The 4
Director shall include in the annual assessment required 5
under subsection (a) a national drug control performance 6
measurement system, that— 7
‘‘(1) develops annual, 2-year, and 5-year per-8
formance measures, objectives, and targets for each 9
National Drug Control Strategy goal and objective 10
established for reducing drug use, availability, and 11
the consequences of drug use; 12
‘‘(2) describes the sources of information and 13
data that will be used for each performance measure 14
incorporated into the performance measurement sys-15
tem; 16
‘‘(3) identifies major programs and activities of 17
the National Drug Control Program Agencies that 18
support the goals and annual objectives of the Na-19
tional Drug Control Strategy; 20
‘‘(4) evaluates the contribution of demand re-21
duction and supply reduction activities implemented 22
by each National Drug Control Program Agency in 23
support of the National Drug Control Strategy; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
46
•HR 5925 IH
‘‘(5) monitors consistency between the drug-re-1
lated goals, measures, targets, and objectives of the 2
National Drug Control Program Agencies and en-3
sures that each agency’s goals and budgets support, 4
and are fully consistent with, the National Drug 5
Control Strategy; and 6
‘‘(6) coordinates the development and imple-7
mentation of national drug control data collection 8
and reporting systems to support policy formulation 9
and performance measurement, including an assess-10
ment of— 11
‘‘(A) the quality of current drug use meas-12
urement instruments and techniques to measure 13
supply reduction and demand reduction activi-14
ties; 15
‘‘(B) the adequacy of the coverage of exist-16
ing national drug use measurement instruments 17
and techniques to measure the illicit drug user 18
population, and groups that are at risk for il-19
licit drug use; 20
‘‘(C) the adequacy of the coverage of exist-21
ing national treatment outcome monitoring sys-22
tems to measure the effectiveness of substance 23
use disorder treatment in reducing illicit drug 24
use and criminal behavior during and after the 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
47
•HR 5925 IH
completion of substance use disorder treatment; 1
and 2
‘‘(D) the actions the Director shall take to 3
correct any deficiencies and limitations identi-4
fied pursuant to subparagraphs (A), (B), and 5
(C). 6
‘‘(e) MODIFICATIONS.—A description of any modi-7
fications made during the preceding year to the national 8
drug performance measurement system described in sub-9
section (d) shall be included in each report submitted 10
under subsection (a). 11
‘‘(f) ANNUAL REPORT ON CONSULTATION.—The Di-12
rector shall include in the annual assessment required 13
under subsection (a)— 14
‘‘(1) a detailed description of how the Office 15
has consulted with and assisted State, local, and 16
Tribal governments with respect to the formulation 17
and implementation of the National Drug Control 18
Strategy and other relevant issues; and 19
‘‘(2) a general review of the status of, and 20
trends in, demand reduction activities by private sec-21
tor entities and community-based organizations, in-22
cluding faith-based organizations, to determine their 23
effectiveness and the extent of cooperation, coordina-24
tion, and mutual support between such entities and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
48
•HR 5925 IH
organizations and Federal, State, local, and Tribal 1
government agencies. 2
‘‘(g) PERFORMANCE-BUDGET COORDINATOR.— 3
‘‘(1) DESIGNATION.—The Director shall des-4
ignate or appoint a United States Performance- 5
Budget Coordinator to— 6
‘‘(A) ensure the Director has sufficient in-7
formation about the performance of each Na-8
tional Drug Control Program Agency, the im-9
pact Federal funding has had on the goals in 10
the Strategy, and the likely contributions to the 11
goals of the Strategy based on funding levels of 12
each National Drug Control Program Agency, 13
to make an independent assessment of the 14
budget request of each agency under section 15
1004; 16
‘‘(B) advise the Director on agency budg-17
ets, performance measures and targets, and ad-18
ditional data and research needed to make in-19
formed policy decisions in the National Drug 20
Control Budget and Strategy; and 21
‘‘(C) other duties as may be determined by 22
the Director with respect to measuring or as-23
sessing performance or agency budgets. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
49
•HR 5925 IH
‘‘(2) DETERMINATION OF POSITION.—The Di-1
rector shall determine whether the coordinator posi-2
tion is a career or noncareer position in the Senior 3
Executive Service. 4
‘‘§ 1007. Monitoring and evaluation of national drug 5
control program 6
‘‘(a) IN GENERAL.—The Director shall monitor im-7
plementation of the National Drug Control Program and 8
the activities of the National Drug Control Program Agen-9
cies in carrying out the goals and objectives of the Na-10
tional Drug Control Strategy including— 11
‘‘(1) conducting program and performance au-12
dits and evaluations; and 13
‘‘(2) requesting assistance from the Inspector 14
General of the relevant agency in such audits and 15
evaluations. 16
‘‘(b) ACCOUNTING OF FUNDS EXPENDED.—Not later 17
than December 1 of each year and in accordance with 18
guidance issued by the Director, the head of each National 19
Drug Control Program Agency shall submit to the Direc-20
tor a detailed accounting of all funds expended by the 21
agency for National Drug Control Program activities dur-22
ing the previous fiscal year and shall ensure such detailed 23
accounting is authenticated by the Inspector General for 24
such agency prior to submission to the Director. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
50
•HR 5925 IH
‘‘(c) NOTIFICATION.—The Director shall notify any 1
National Drug Control Program Agency if its activities 2
are not in compliance with the responsibilities of the agen-3
cy under the National Drug Control Strategy, transmit 4
a copy of each such notification to the President and the 5
appropriate congressional committees, and maintain a 6
copy of each such notification. 7
‘‘(d) RECOMMENDATIONS.—The Director shall make 8
such recommendations to the President and the appro-9
priate congressional committees as the Director deter-10
mines are appropriate regarding changes in the organiza-11
tion, management, and budgets of the National Drug Con-12
trol Program Agencies, and changes in the allocation of 13
personnel to and within those agencies, to implement the 14
policies, goals, priorities, and objectives established under 15
section 1002(c)(1) and the National Drug Control Strat-16
egy. 17
‘‘§ 1008. Coordination and oversight of the national 18
drug control program 19
‘‘(a) IN GENERAL.—The Director shall coordinate 20
and oversee the implementation by the National Drug 21
Control Program Agencies of the policies, goals, objectives, 22
and priorities established under section 1002(c)(1) and 23
the fulfillment of the responsibilities of such agencies 24
under the National Drug Control Strategy and make rec-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
51
•HR 5925 IH
ommendations to National Drug Control Program Agency 1
heads with respect to implementation of National Drug 2
Control Programs. 3
‘‘(b) DETAILING EMPLOYEES TO OTHER AGEN-4
CIES.— 5
‘‘(1) REQUEST.—The Director may request the 6
head of an agency or program of the Federal Gov-7
ernment to place agency personnel who are engaged 8
in drug control activities on temporary detail to an-9
other agency in order to implement the National 10
Drug Control Strategy. 11
‘‘(2) AGENCY COMPLIANCE.—The head of the 12
agency shall comply with such a request. 13
‘‘(3) MAXIMUM NUMBER OF DETAILEES.—The 14
maximum number of personnel who may be detailed 15
to another agency (including the Office) under this 16
subsection during any fiscal year is— 17
‘‘(A) for the Department of Defense, 50; 18
and 19
‘‘(B) for any other agency, 10. 20
‘‘(c) DIRECTING FEDERAL FUNDING.—The Director 21
may transfer funds made available to a National Drug 22
Control Program Agency for National Drug Control Strat-23
egy programs and activities to another account within 24
such agency or to another National Drug Control Program 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
52
•HR 5925 IH
Agency for National Drug Control Strategy programs and 1
activities, except that— 2
‘‘(1) the authority under this subsection may be 3
limited in an annual appropriations Act or other 4
provision of Federal law; 5
‘‘(2) the Director may exercise the authority 6
under this subsection only with the concurrence of 7
the head of each affected agency; 8
‘‘(3) in the case of an interagency transfer, the 9
total amount of transfers under this subsection may 10
not exceed 3 percent of the total amount of funds 11
made available for National Drug Control Strategy 12
programs and activities to the agency from which 13
those funds are to be transferred; 14
‘‘(4) funds transferred to an agency under this 15
subsection may only be used to increase the funding 16
for programs or activities authorized by law; 17
‘‘(5) the Director shall— 18
‘‘(A) submit to the appropriate congres-19
sional committees and any other applicable 20
committees of jurisdiction, a reprogramming or 21
transfer request in advance of any transfer 22
under this subsection in accordance with the 23
regulations of the affected agency or agencies; 24
and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
53
•HR 5925 IH
‘‘(B) annually submit to the appropriate 1
congressional committees a report describing 2
the effect of all transfers of funds made pursu-3
ant to this subsection or section 1004(f) during 4
the 12-month period preceding the date on 5
which the report is submitted; and 6
‘‘(6) funds may only be used for— 7
‘‘(A) expansion of demand reduction activi-8
ties; 9
‘‘(B) interdiction of illicit drugs on the 10
high seas, in United States territorial waters, 11
and at United States ports of entry by officers 12
and employees of Drug Control Program Agen-13
cies and domestic and foreign law enforcement 14
officers; 15
‘‘(C) accurate assessment and monitoring 16
of international drug production and interdic-17
tion programs and policies; 18
‘‘(D) activities to facilitate and enhance 19
the sharing of domestic and foreign intelligence 20
information among Drug Control Program 21
Agencies related to the production and traf-22
ficking of drugs in the United States and for-23
eign countries; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
54
•HR 5925 IH
‘‘(E) activities to prevent the diversion of 1
prescription drugs for illicit use and research 2
related to any of these activities. 3
‘‘(d) DIRECTING FEDERAL FUNDING TO RESPOND 4
TO EMERGING THREATS.— 5
‘‘(1) IN GENERAL.—The Director may transfer 6
funds made available to a National Drug Control 7
Program Agency for National Drug Control Strategy 8
programs and activities to another account within 9
such agency or to another National Drug Control 10
Program Agency for National Drug Control Strategy 11
programs and activities to implement the provisions 12
of a plan developed under section 1009, except 13
that— 14
‘‘(A) the authority under this subsection 15
may be limited in an annual appropriations Act 16
or other provision of Federal law; 17
‘‘(B) in the case of an interagency trans-18
fer, the total amount of transfers under this 19
subsection may not exceed 10 percent of the 20
total amount of funds made available for Na-21
tional Drug Control Strategy programs and ac-22
tivities to the agency from which those funds 23
are to be transferred; 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
55
•HR 5925 IH
‘‘(C) funds transferred to an agency under 1
this subsection may only be used to increase the 2
funding for programs or activities authorized by 3
law; 4
‘‘(D) no transfer of funds under this sub-5
section may result in a reduction in total Fed-6
eral expenditures for substance use disorder 7
treatment; 8
‘‘(E) the Director shall— 9
‘‘(i) submit to the appropriate con-10
gressional committees and any other appli-11
cable committees of jurisdiction, a re-12
programming or transfer request in ad-13
vance of any transfer under this subsection 14
in accordance with the regulations of each 15
affected agency; and 16
‘‘(ii) annually submit to the appro-17
priate congressional committees a report 18
describing the effect of all transfers of 19
funds made pursuant to this subsection or 20
section 1004(f) during the 12-month pe-21
riod preceding the date on which the report 22
is submitted; and 23
‘‘(F) funds may only be used for— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
56
•HR 5925 IH
‘‘(i) expansion of demand reduction 1
activities; 2
‘‘(ii) interdiction of illicit drugs on the 3
high seas, in United States territorial 4
waters, and at United States ports of entry 5
by officers and employees of Drug Control 6
Program agencies and domestic and for-7
eign law enforcement officers; 8
‘‘(iii) accurate assessment and moni-9
toring of international drug production and 10
interdiction programs and policies; 11
‘‘(iv) activities to facilitate and en-12
hance the sharing of domestic and foreign 13
intelligence information among Drug Con-14
trol Program Agencies related to the pro-15
duction and trafficking of drugs in the 16
United States and foreign countries; and 17
‘‘(v) activities to prevent the diversion 18
of prescription drugs for illicit use and re-19
search related to any of these activities. 20
‘‘(2) INADEQUACY OF TRANSFER.—In the event 21
the authority under this subsection is inadequate to 22
implement the provisions of a plan developed under 23
section 1009, the Director shall submit a request for 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
57
•HR 5925 IH
funding to Congress as soon as the Director becomes 1
aware of the need for additional funding. 2
‘‘(e) FUND CONTROL NOTICES.— 3
‘‘(1) IN GENERAL.—The Director may issue to 4
the head of a National Drug Control Program Agen-5
cy a fund control notice to ensure compliance with 6
the National Drug Control Program Strategy. A 7
fund control notice may direct that all or part of an 8
amount appropriated to the National Drug Control 9
Program Agency account be obligated by— 10
‘‘(A) months, fiscal year quarters, or other 11
time periods; and 12
‘‘(B) activities, functions, projects, or ob-13
ject classes. 14
‘‘(2) UNAUTHORIZED OBLIGATION OR EXPENDI-15
TURE PROHIBITED.—An officer or employee of a 16
National Drug Control Program Agency shall not 17
make or authorize an expenditure or obligation con-18
trary to a fund control notice issued by the Director. 19
‘‘(3) DISCIPLINARY ACTION FOR VIOLATION.— 20
In the case of a violation of paragraph (2) by an of-21
ficer or employee of a National Drug Control Pro-22
gram Agency, the head of the agency, upon the re-23
quest of and in consultation with the Director, may 24
subject the officer or employee to appropriate ad-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
58
•HR 5925 IH
ministrative discipline, including, when cir-1
cumstances warrant, suspension from duty without 2
pay or removal from office. 3
‘‘(4) CONGRESSIONAL NOTICE.—Not later than 4
5 days after issuance of a fund control notice, the 5
Director shall submit a copy of such fund control 6
notice to the appropriate congressional committees 7
and make such notice publicly available. 8
‘‘(5) RESTRICTIONS.—The Director shall not 9
issue a fund control notice to direct that all or part 10
of an amount appropriated to the National Drug 11
Control Program Agency account be obligated, modi-12
fied, or altered in any manner contrary, in whole or 13
in part, to a specific appropriation or statute. 14
‘‘(f) EXCLUSIONS.—The authorities described under 15
subsections (c), (d), and (e) do not apply to any program 16
under subchapter II or III. 17
‘‘(g) FOREIGN ASSISTANCE ACT PARTICIPATION.— 18
The Director may participate in the drug certification 19
process pursuant to section 490 of the Foreign Assistance 20
Act of 1961 (22 U.S.C. 2291j) and section 706 of the 21
Department of State Authorization Act for Fiscal Year 22
2003 (22 U.S.C. 229j–l). 23
‘‘(h) CERTIFICATIONS OF POLICY CHANGES TO DI-24
RECTOR.— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
59
•HR 5925 IH
‘‘(1) IN GENERAL.—Subject to paragraph (2), 1
the head of a National Drug Control Program Agen-2
cy shall, unless exigent circumstances require other-3
wise, notify the Director in writing regarding any 4
proposed change in policies relating to the activities 5
of that agency under the National Drug Control 6
Program prior to implementation of such change. 7
The Director shall promptly review such proposed 8
change and certify to the head of that agency in 9
writing whether such change is consistent with the 10
National Drug Control Strategy. 11
‘‘(2) EXCEPTION.—If prior notice of a proposed 12
change under paragraph (1) is not practicable— 13
‘‘(A) the head of the National Drug Con-14
trol Program Agency shall notify the Director 15
of the proposed change as soon as practicable; 16
and 17
‘‘(B) upon such notification, the Director 18
shall review the change and certify to the head 19
of that agency in writing whether the change is 20
consistent with the National Drug Control 21
Strategy. 22
‘‘(i) WORK IN CONJUNCTION WITH ASSISTANT FOR 23
NATIONAL SECURITY AFFAIRS.—The Director shall, in 24
any matter affecting national security interests, work in 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
60
•HR 5925 IH
conjunction with the Assistant to the President for Na-1
tional Security Affairs. 2
‘‘§ 1009. Emerging threats taskforce, plan, media cam-3
paign 4
‘‘(a) EMERGING THREATS TASK FORCE.— 5
‘‘(1) EMERGING AND CONTINUING THREATS CO-6
ORDINATOR.—The Director shall designate or ap-7
point a United States Emerging and Continuing 8
Threats Coordinator to perform the duties of that 9
position described in this section and such other du-10
ties as may be determined by the Director. The Di-11
rector shall determine whether the coordinator posi-12
tion is a career or noncareer position in the Senior 13
Executive Service. 14
‘‘(2) ESTABLISHMENT AND MONITORING.—The 15
Emerging and Continuing Threats Coordinator (re-16
ferred to in this section as the ‘Coordinator’) shall 17
monitor evolving and emerging drug threats in the 18
United States and shall serve as Chair of an Emerg-19
ing Threats Task Force (in this section, referred to 20
as the ‘task force’). The Director shall appoint other 21
members of the Task force, which shall include rep-22
resentatives from— 23
‘‘(A) National Drug Control Program 24
Agencies or other agencies; 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
61
•HR 5925 IH
‘‘(B) State, local, and Tribal governments; 1
and 2
‘‘(C) other entities as determined to be 3
necessary by the Director. 4
‘‘(3) INFORMATION SHARING.—The task force 5
shall disseminate and facilitate the sharing with 6
Federal, State, local, and Tribal officials and other 7
entities as determined by the Director of pertinent 8
information and data relating to the following: 9
‘‘(A) Recent trends in drug supply and de-10
mand. 11
‘‘(B) Drug overdose deaths. 12
‘‘(C) Substance use disorder treatment ad-13
mission trends. 14
‘‘(D) Recent trends in drug interdiction, 15
supply, and demand from State, local, and 16
Tribal law enforcement agencies. 17
‘‘(E) Other subject matter as determined 18
necessary by the Director. 19
‘‘(4) CRITERIA TO IDENTIFY EMERGING DRUG 20
THREATS.—Not later than 60 days after the date on 21
which a task force first meets, the task force shall 22
develop and recommend to the Director criteria to be 23
used to identify an emerging drug threat or the ter-24
mination of an emerging drug threat designation 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
62
•HR 5925 IH
based on information gathered by the task force in 1
paragraph (2), statistical data, and other evidence. 2
‘‘(5) MEETINGS.—The task force shall meet in 3
person not less frequently than quarterly and at ad-4
ditional meetings if determined to be necessary by 5
and at the call of the Chair to— 6
‘‘(A) identify and discuss evolving and 7
emerging drug trends in the United States 8
using the criteria established in paragraph (3); 9
‘‘(B) formulate the plan described in sub-10
section (c); 11
‘‘(C) oversee implementation of the plan 12
described in subsection (c); and 13
‘‘(D) provide such other advice to the Co-14
ordinator and Director concerning strategy and 15
policies for emerging drug threats and trends as 16
the task force determines to be appropriate. 17
‘‘(b) DESIGNATION.— 18
‘‘(1) IN GENERAL.—The Director, in consulta-19
tion with the Coordinator, the task force, and the 20
head of each National Drug Control Program Agen-21
cy, may designate an emerging drug threat in the 22
United States. 23
‘‘(2) STANDARDS FOR DESIGNATION.—The Di-24
rector, in consultation with the Coordinator, shall 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
63
•HR 5925 IH
promulgate and make publicly available standards by 1
which a designation under paragraph (1) and the 2
termination of such designation may be made. In de-3
veloping such standards, the Director shall consider 4
the recommendations of the task force and other cri-5
teria the Director considers to be appropriate. 6
‘‘(3) PUBLIC STATEMENT REQUIRED.—The Di-7
rector shall publish a public written statement on 8
the portal of the Office explaining the designation of 9
an emerging drug threat or the termination of such 10
designation and shall notify the appropriate congres-11
sional committees of the availability of such state-12
ment when a designation or termination of such des-13
ignation has been made. 14
‘‘(c) PLAN.— 15
‘‘(1) PUBLIC AVAILABILITY OF PLAN.—Not 16
later than 60 days after making a designation under 17
subsection (b), the Director shall publish and make 18
publicly available an Emerging Threat Response 19
Plan and notify the President and the appropriate 20
congressional committees of such plan’s availability. 21
‘‘(2) TIMING.—Not less frequently than every 22
90 days after the date on which the plan is pub-23
lished under paragraph (1), the Director shall up-24
date the plan and report on implementation of the 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
64
•HR 5925 IH
plan, until the Director issues the public statement 1
required under subsection (b)(3) to terminate the 2
emerging threat designation. 3
‘‘(3) CONTENTS OF AN EMERGING THREAT RE-4
SPONSE PLAN.—The Director shall include in the 5
plan— 6
‘‘(A) a comprehensive strategic assessment 7
of the emerging drug threat, including the cur-8
rent status of prevention, treatment, and en-9
forcement efforts surrounding the emerging 10
drug threat; 11
‘‘(B) comprehensive, research-based, long- 12
range, quantifiable goals for addressing the 13
emerging drug threat; 14
‘‘(C) performance measures pertaining to 15
the plan’s goals, including quantifiable and 16
measurable objectives and specific targets; 17
‘‘(D) the level of funding needed to imple-18
ment the plan, including whether funding is 19
available to be reprogrammed or transferred to 20
support implementation of the plan or whether 21
additional appropriations are necessary to im-22
plement the plan; 23
‘‘(E) an implementation strategy for the 24
education and public awareness campaign under 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
65
•HR 5925 IH
subsection (d), including goals as described 1
under subparagraph (B) and performance 2
measures, objectives, and targets, as described 3
under subparagraph (C); and 4
‘‘(F) any other information necessary to 5
inform the public of the status, progress, or re-6
sponse of an emerging drug threat. 7
‘‘(4) IMPLEMENTATION.— 8
‘‘(A) IN GENERAL.—Not later than 90 9
days after the date on which a designation is 10
made under subsection (b), the Director, in 11
consultation with the President, the appropriate 12
congressional committees, and the head of each 13
National Drug Control Program Agency, shall 14
issue guidance on implementation of the plan 15
described in subsection (c) to the National 16
Drug Control Program Agencies and any other 17
relevant agency determined to be necessary by 18
the Director. 19
‘‘(B) COORDINATOR’S RESPONSIBIL-20
ITIES.—The Coordinator shall— 21
‘‘(i) direct the implementation of the 22
plan among the agencies identified in the 23
plan, State, local, and Tribal governments, 24
and other relevant entities; 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
66
•HR 5925 IH
‘‘(ii) facilitate information-sharing be-1
tween agencies identified in the plan, 2
State, local, and Tribal governments, and 3
other relevant entities; and 4
‘‘(iii) monitor implementation of the 5
plan by coordinating the development and 6
implementation of collection and reporting 7
systems to support performance measure-8
ment and adherence to the plan by agen-9
cies identified in plan, where appropriate. 10
‘‘(C) REPORTING.—Not later than 180 11
days after designation under subsection (b) and 12
in accordance with paragraph (2)(C), the head 13
of each agency identified in the plan shall sub-14
mit to the Coordinator a report on implementa-15
tion of the plan. 16
‘‘(d) EDUCATION AND PUBLIC AWARENESS CAM-17
PAIGN FOR EMERGING DRUG THREATS.— 18
‘‘(1) IN GENERAL.—Not later than 90 days 19
after a designation under subsection (b), the Direc-20
tor shall establish and implement an evidence-based 21
substance use prevention education and public 22
awareness campaign to inform the public about the 23
dangers of any drug designated as an emerging drug 24
threat. Such campaign shall— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
67
•HR 5925 IH
‘‘(A) educate the public about the dangers 1
of such drug, including patient and family edu-2
cation about the characteristics and hazards of 3
such drugs and methods to safeguard against 4
such dangers, including the safe disposal of 5
such drugs; 6
‘‘(B) support evidence-based prevention 7
programs targeting audiences’ attitudes, percep-8
tions, and beliefs concerning substance use and 9
intentions to initiate or continue such use; 10
‘‘(C) increase awareness of the negative 11
consequences of drug use; 12
‘‘(D) encourage individuals affected by 13
substance use disorders to seek treatment and 14
provide such individuals with information on 15
how to recognize addiction issues, what forms 16
of evidence-based treatment options are avail-17
able, and how to access such treatment; and 18
‘‘(E) combat the stigma of addiction and 19
substance use disorders, including the stigma of 20
treating such disorders with medication-assisted 21
treatment therapies. 22
‘‘(2) CONSULTATION.—For the planning of the 23
campaign under paragraph (1), the Secretary shall 24
consult with— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
68
•HR 5925 IH
‘‘(A) the head of any appropriate National 1
Drug Control Program Agency to obtain advice 2
on evidence-based scientific information for pol-3
icy, program development, and evaluation; 4
‘‘(B) experts in evidence-based media cam-5
paigns, education, evaluation, and communica-6
tion; 7
‘‘(C) experts on the designated drug; 8
‘‘(D) State, local, and Tribal government 9
officials and relevant agencies; 10
‘‘(E) the public; 11
‘‘(F) appropriate congressional committees; 12
and 13
‘‘(G) any other affected person. 14
‘‘(3) GIFTS AND DONATIONS.— 15
‘‘(A) IN GENERAL.—The Director may ac-16
cept gifts and donations (in cash or in kind, in-17
cluding voluntary and uncompensated services 18
or property), which shall be available until ex-19
pended, for the purpose of supporting the edu-20
cation and outreach campaign authorized in 21
this section, including the media campaign. 22
‘‘(B) ETHICS GUIDELINES.—The Director 23
shall establish written guidelines setting forth 24
the criteria to be used in determining whether 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
69
•HR 5925 IH
a gift or donation should be declined under this 1
section because the acceptance of the gift or do-2
nation would— 3
‘‘(i) reflect unfavorably upon the abil-4
ity of the Director or the Office, or any 5
employee of the Office, to carry out re-6
sponsibilities or official duties under this 7
chapter in a fair and objective manner; or 8
‘‘(ii) compromise the integrity or the 9
appearance of integrity of programs or 10
services provided under this chapter or of 11
any official involved in those programs or 12
services. 13
‘‘(C) ANNUAL REPORT REQUIRED.—Not 14
later than the first Monday in the February of 15
each year, the Director shall submit to the ap-16
propriate congressional committees an annual 17
report that identifies the sources of any gift or 18
donation accepted by the Office or any con-19
tractor acting on behalf of the Office, under 20
this subsection, including the value of each gift 21
and donation provided by each source of the 22
gift. 23
‘‘(4) IMPLEMENTATION.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
70
•HR 5925 IH
‘‘(A) IN GENERAL.—For any campaign es-1
tablished under this subsection, the Director 2
shall ensure the following: 3
‘‘(i) Implementation is evidence-based, 4
meets accepted standards for public aware-5
ness campaigns, and uses available re-6
sources in a manner to make the most 7
progress toward achieving the goals identi-8
fied in the emerging threats plan and para-9
graph (1). 10
‘‘(ii) Information disseminated 11
through the campaign is accurate. 12
‘‘(iii) The Director approves the strat-13
egy of the campaign, all material distrib-14
uted through the campaign, and the use of 15
any Federal funds used for the campaign. 16
‘‘(iv) The campaign is designed using 17
strategies found to be most effective at 18
achieving such goals, which may include— 19
‘‘(I) a media campaign, as de-20
scribed in subparagraph (B); 21
‘‘(II) local, regional, or popu-22
lation specific messaging; 23
‘‘(III) establishing partnerships 24
and promoting coordination among 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
71
•HR 5925 IH
community stakeholders, including 1
public, nonprofit organizations, and 2
for profit entities; 3
‘‘(IV) providing support, train-4
ing, and technical assistance to estab-5
lish and expand school and commu-6
nity prevention programs; 7
‘‘(V) creating websites to pub-8
licize and disseminate information; 9
‘‘(VI) conducting outreach and 10
providing educational resources for 11
parents; 12
‘‘(VII) establishing State or re-13
gional advisory councils to provide 14
input and recommendations to raise 15
awareness regarding the drug des-16
ignated as an emerging drug threat; 17
‘‘(VIII) collaborating with law 18
enforcement; and 19
‘‘(IX) support for school-based 20
public health education classes to im-21
prove teen knowledge about the effects 22
of such designated drug. 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
72
•HR 5925 IH
‘‘(B) MEDIA CAMPAIGN.—Any campaign 1
implemented under this subsection may include 2
a media component, which— 3
‘‘(i) shall be designed to prevent the 4
use of the drug designated as an emerging 5
drug threat and to achieve the goals of 6
paragraph (1); 7
‘‘(ii) shall be carried out through com-8
petitively awarded contracts to entities pro-9
viding for the professional production and 10
design of such campaign; and 11
‘‘(iii) may include the use of tele-12
vision, radio, Internet, social media, and 13
other commercial marketing venues and 14
may be targeted to specific age groups 15
based on peer-reviewed social research. 16
‘‘(C) REQUIRED NOTICE FOR COMMUNICA-17
TION FROM THE OFFICE.—Any communication, 18
including an advertisement, paid for or other-19
wise disseminated by the Office directly or 20
through a contract awarded by the Office shall 21
include a prominent notice informing the audi-22
ence that the communication was a paid for by 23
of the Office. 24
‘‘(5) EVALUATION.— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
73
•HR 5925 IH
‘‘(A) PERFORMANCE EVALUATION.—The 1
Director shall include an evaluation of the cam-2
paign in the annual assessment under section 3
1006, which shall include the following: 4
‘‘(i) A performance evaluation of the 5
campaign, including progress toward meet-6
ing the goals, objectives, measures, and 7
targets identified in the emerging threats 8
plan. 9
‘‘(ii) A description of all policies and 10
practices to eliminate the potential for 11
waste, fraud, abuse, and to ensure Federal 12
funds are used responsibly. 13
‘‘(iii) A list of all contracts or other 14
agreements entered into to implement the 15
campaign. 16
‘‘(iv) The results of any financial 17
audit of the campaign. 18
‘‘(v) A description of any evidence 19
used to develop the campaign. 20
‘‘(B) INDEPENDENT EVALUATION.—Not 21
later than 180 days after establishing a cam-22
paign under paragraph (1) and not less than 23
frequently than every two years thereafter, the 24
Director shall— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
74
•HR 5925 IH
‘‘(i) designate an independent entity 1
to evaluate the effectiveness of the cam-2
paign with meeting the goals established in 3
the emerging threat plan and paragraph 4
(1); and 5
‘‘(ii) submit the results of the inde-6
pendent evaluation to the appropriate con-7
gressional committees. 8
‘‘(6) FUNDING PROHIBITIONS.—None of the 9
amounts made available under this subsection may 10
be obligated for any of the following: 11
‘‘(A) To supplant current anti-drug com-12
munity-based coalitions. 13
‘‘(B) To supplant pro bono public service 14
time donated by national and local broadcasting 15
network for other public services campaigns. 16
‘‘(C) For partisan political purposes, or ex-17
press advocacy in support of or to defeat any 18
clearly identified candidate, clearly identified 19
ballot initiative, or clearly identified legislative 20
or regulatory proposal. 21
‘‘(D) For any advocacy in support of any 22
particular company, industry association, or ad-23
vocacy group or the explicit policy positions 24
held by such groups. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
75
•HR 5925 IH
‘‘(E) To direct any individuals to a specific 1
type of substance use disorder treatment, treat-2
ment facility, medical provider, or form of medi-3
cation assisted treatment. 4
‘‘(F) To fund any advertising that features 5
any elected officials, persons seeking elected of-6
fice, cabinet level officials, or other Federal offi-7
cials employed pursuant to section 213 of 8
Schedule C of title 5, Code of Federal Regula-9
tions. 10
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 11
is authorized to be appropriated to the Office to carry out 12
this section, $25,000,000 for each of fiscal years 2019 13
through 2023. 14
‘‘§ 1010. National and international coordination 15
‘‘(a) DISSEMINATION OF RESEARCH AND INFORMA-16
TION TO STATES.—The Director shall ensure that drug 17
control research and information is effectively dissemi-18
nated by National Drug Control Program Agencies to 19
State and local governments and nongovernmental entities 20
involved in demand reduction by— 21
‘‘(1) encouraging formal consultation between 22
any such agency that conducts or sponsors research, 23
and any such agency that disseminates information 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
76
•HR 5925 IH
in developing research and information product de-1
velopment agendas; 2
‘‘(2) encouraging such agencies (as appropriate) 3
to develop and implement dissemination plans that 4
specifically target State and local governments and 5
nongovernmental entities involved in demand reduc-6
tion; and 7
‘‘(3) supporting the substance abuse informa-8
tion clearinghouse administered by the Adminis-9
trator of the Substance Abuse and Mental Health 10
Services Administration and established in section 11
501(d)(16) of the Public Health Service Act by— 12
‘‘(A) encouraging all National Drug Con-13
trol Program Agencies to provide all appro-14
priate and relevant information; and 15
‘‘(B) supporting the dissemination of infor-16
mation to all interested entities. 17
‘‘(b) STANDARDS.— 18
‘‘(1) DEVELOPMENT.—The Director shall co-19
ordinate the development of evidence-based stand-20
ards developed by National Drug Control Program 21
Agencies and other relevant agencies and non-Fed-22
eral entities to State, local, and Tribal governments 23
and nongovernmental entities related to drug control 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
77
•HR 5925 IH
policies, practices, and procedures, such as the inves-1
tigation of drug-related deaths, by— 2
‘‘(A) encouraging appropriate agencies and 3
State, local, and Tribal governments to develop 4
data standards for drug control practices and 5
procedures and related statistical data; 6
‘‘(B) encouraging information sharing be-7
tween appropriate agencies and State, local, 8
and Tribal governments of relevant drug control 9
information and data; 10
‘‘(C) establishing a working group of agen-11
cies, State, local, and Tribal governments, and 12
other relevant stakeholders to discuss and de-13
velop such standards; and 14
‘‘(D) facilitating collaboration among agen-15
cies, non-Federal entities, States, local, and 16
Tribal governments, and nongovernmental 17
agencies. 18
‘‘(2) IMPLEMENTATION.—The Director shall 19
promote the implementation of the standards de-20
scribed in paragraph (1) by— 21
‘‘(A) encouraging adoption by providing 22
the standards to State and local governments 23
through the internet, annual publications or 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
78
•HR 5925 IH
periodicals, and other widely-disseminated 1
means; 2
‘‘(B) facilitating the use and dissemination 3
of such standards among State and local gov-4
ernments by— 5
‘‘(i) providing technical assistance to 6
State, local, and Tribal governments seek-7
ing to adopt or implement such standards; 8
and 9
‘‘(ii) coordinating seminars and train-10
ing sessions for State, local, and Tribal 11
governments seeking to adopt or imple-12
ment such standards. 13
‘‘(c) PRIVATE SECTOR.— 14
‘‘(1) IN GENERAL.—The Director or the head 15
of a National Drug Control Program (as designated 16
by the Director) shall coordinate with the private 17
sector to promote private research and development 18
of medications to treat or prevent addiction, includ-19
ing research and development for non-addictive pain 20
management medication, abuse deterrent formula-21
tions, medication-assisted treatment, and other ad-22
diction research determined to be necessary by the 23
Director by— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
79
•HR 5925 IH
‘‘(A) encouraging the sharing of informa-1
tion regarding evidence-based treatment addic-2
tion findings and related data between agencies 3
and the private sector, as appropriate; 4
‘‘(B) encouraging collaboration between 5
appropriate agencies and the private sector; and 6
‘‘(C) providing private sector entities with 7
relevant statistical data and information to en-8
hance research as permissible. 9
‘‘(2) WORKING GROUP.—The Director may es-10
tablish a working group of National Drug Control 11
Program Agencies, State, local, and Tribal govern-12
ments, and the private sector stakeholders to discuss 13
and disseminate best practices, research and devel-14
opment, and other related issues, as appropriate. 15
‘‘(d) MODEL ACTS PROGRAM.— 16
‘‘(1) IN GENERAL.—The Director shall provide 17
for or shall enter into an agreement with a nonprofit 18
organization to— 19
‘‘(A) advise States on establishing laws 20
and policies to address illicit drug use issues; 21
and 22
‘‘(B) revise such model State drug laws 23
and draft supplementary model State laws to 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
80
•HR 5925 IH
take into consideration changes in illicit drug 1
use issues in the State involved. 2
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 3
There is authorized to be appropriated to carry out 4
this subsection $1,250,000 for each of fiscal years 5
2019 through 2023. 6
‘‘(e) DRUG COURT TRAINING AND TECHNICAL AS-7
SISTANCE PROGRAM.— 8
‘‘(1) GRANTS AUTHORIZED.—The Director may 9
make a grant to a nonprofit organization for the 10
purpose of providing training and technical assist-11
ance to drug courts. 12
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 13
There is authorized to be appropriated to carry out 14
this subsection $2,000,000 for each of fiscal years 15
2019 through 2023. 16
‘‘(f) INTERNATIONAL COORDINATION.—The Director 17
shall facilitate international drug control coordination ef-18
forts. 19
‘‘(g) STATE, LOCAL, AND TRIBAL AFFAIRS COORDI-20
NATOR.—The Director shall designate or appoint a United 21
States State, Local, and Tribal Affairs Coordinator to per-22
form the duties of the Office outlined in this section and 23
section 1005 and such other duties as may be determined 24
by the Director with respect to coordination of drug con-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
81
•HR 5925 IH
trol efforts between agencies and State, local, and Tribal 1
governments. The Director shall determine whether the 2
coordinator position is a career or noncareer position in 3
the Senior Executive Service. 4
‘‘§ 1011. Interdiction 5
‘‘(a) UNITED STATES INTERDICTION COORDI-6
NATOR.— 7
‘‘(1) IN GENERAL.—The Director shall des-8
ignate or appoint a United States Interdiction Coor-9
dinator to perform the duties of that position de-10
scribed in paragraph (2) and such other duties as 11
may be determined by the Director with respect to 12
coordination of efforts to interdict illicit drugs from 13
entering the United States. 14
‘‘(2) RESPONSIBILITIES.—The United States 15
Interdiction Coordinator shall be responsible to the 16
Director for— 17
‘‘(A) coordinating the interdiction activities 18
of the National Drug Control Program Agen-19
cies to ensure consistency with the National 20
Drug Control Strategy; 21
‘‘(B) on behalf of the Director, developing 22
and issuing, on or before March 1 of each year 23
and in accordance with paragraph (4), a Na-24
tional Interdiction Command and Control Plan 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
82
•HR 5925 IH
to ensure the coordination and consistency de-1
scribed in subparagraph (A); 2
‘‘(C) assessing the sufficiency of assets 3
committed to illicit drug interdiction by the rel-4
evant National Drug Control Program Agen-5
cies; and 6
‘‘(D) advising the Director on the efforts 7
of each National Drug Control Program Agency 8
to implement the National Interdiction Com-9
mand and Control Plan. 10
‘‘(3) STAFF.—The Director shall assign such 11
permanent staff of the Office as he considers appro-12
priate to assist the United States Interdiction Coor-13
dinator to carry out the responsibilities described in 14
paragraph (2), and may request that appropriate 15
National Drug Control Program Agencies detail or 16
assign staff to assist in carrying out such activities. 17
‘‘(4) NATIONAL INTERDICTION COMMAND AND 18
CONTROL PLAN.— 19
‘‘(A) PURPOSES.—The National Interdic-20
tion Command and Control Plan— 21
‘‘(i) shall set forth the Government’s 22
strategy for drug interdiction; 23
‘‘(ii) shall state the specific roles and 24
responsibilities of the relevant National 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
83
•HR 5925 IH
Drug Control Program Agencies for imple-1
menting that strategy; 2
‘‘(iii) shall identify the specific re-3
sources required to enable the relevant Na-4
tional Drug Control Program Agencies to 5
implement that strategy; and 6
‘‘(iv) may include recommendations 7
about changes to existing agency authori-8
ties or laws governing interagency relation-9
ships. 10
‘‘(B) CONSULTATION WITH OTHER AGEN-11
CIES.—Before the submission of the National 12
Drug Control Strategy or annual supplement 13
required under section 1005(d), as applicable, 14
the United States Interdiction Coordinator shall 15
issue the National Interdiction Command and 16
Control Plan, in consultation with the other 17
members of the Interdiction Committee de-18
scribed in subsection (c). 19
‘‘(C) REPORT TO CONGRESS.—On or be-20
fore March 1 of each year, the Director, 21
through the United States Interdiction Coordi-22
nator, shall provide to the appropriate congres-23
sional committees, to the Committee on Armed 24
Services and the Committee on Homeland Secu-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
84
•HR 5925 IH
rity of the House of Representatives, and to the 1
Committee on Homeland Security and Govern-2
mental Affairs and the Committee on Armed 3
Services of the Senate, a report that includes— 4
‘‘(i) a copy of that year’s National 5
Interdiction Command and Control Plan; 6
‘‘(ii) information for the previous 10 7
years regarding the number and type of 8
seizures of drugs by each National Drug 9
Control Program Agency conducting drug 10
interdiction activities and statistical infor-11
mation on the geographic areas of such 12
seizures; and 13
‘‘(iii) information for the previous 10 14
years regarding the number of air and 15
maritime patrol hours undertaken by each 16
National Drug Control Program Agency 17
conducting drug interdiction activities and 18
statistical information on the geographic 19
areas in which such patrol hours took 20
place. 21
‘‘(D) CLASSIFIED ANNEX.—The report 22
submitted pursuant to subparagraph (C) may 23
include a classified annex. 24
‘‘(b) INTERDICTION COMMITTEE.— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
85
•HR 5925 IH
‘‘(1) IN GENERAL.—The Interdiction Com-1
mittee shall meet to— 2
‘‘(A) discuss and resolve issues related to 3
the coordination, oversight, and integration of 4
international, border, and domestic drug inter-5
diction efforts in support of the National Drug 6
Control Strategy; 7
‘‘(B) review the annual National Interdic-8
tion Command and Control Plan, and provide 9
advice to the Director and the United States 10
Interdiction Coordinator concerning that plan; 11
and 12
‘‘(C) provide such other advice to the Di-13
rector concerning drug interdiction strategy and 14
policies as the committee determines is appro-15
priate. 16
‘‘(2) CHAIR.—The Director shall designate one 17
of the members of the Interdiction Committee to 18
serve as chair. 19
‘‘(3) MEETINGS.—The members of the Interdic-20
tion Committee shall meet, in person and not 21
through any delegate or representative, at least once 22
per calendar year, before March 1. At the call of the 23
Director or the chair, the Interdiction Committee 24
may hold additional meetings, which shall be at-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
86
•HR 5925 IH
tended by the members in person, or through such 1
delegates or representatives as the members may 2
choose. 3
‘‘(4) REPORT.—Not later than September 30 of 4
each year, the chair of the Interdiction Committee 5
shall submit to the Director and to the appropriate 6
congressional committees a report describing the re-7
sults of the meetings and any significant findings of 8
the committee during the previous 12 months. Such 9
report may include a classified annex. 10
‘‘§ 1012. Treatment coordinator 11
‘‘(a) UNITED STATES TREATMENT COORDINATOR.— 12
‘‘(1) IN GENERAL.—The Director shall des-13
ignate or appoint a United States Treatment Coordi-14
nator to perform the responsibilities of that position 15
described in paragraph (2) and such other duties as 16
may be determined by the Director with respect to 17
coordination of efforts to expand the availability of 18
substance use disorder treatment with the goal of 19
eliminating the unmet treatment need. 20
‘‘(2) RESPONSIBILITIES.—The United States 21
Treatment Coordinator shall be responsible to the 22
Director for— 23
‘‘(A) coordinating the activities of the Na-24
tional Drug Control Program Agencies under-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
87
•HR 5925 IH
taken to expand the availability of evidence- 1
based substance use disorder treatment to en-2
sure consistency with the National Drug Con-3
trol Strategy; 4
‘‘(B) on behalf of the Director, developing 5
and issuing, on or before March 1 of each year 6
and in accordance with paragraph (4), a Na-7
tional Treatment Plan to ensure the coordina-8
tion and consistency described in subparagraph 9
(A); 10
‘‘(C) assessing the sufficiency of Federal 11
resources directed to substance use disorder 12
treatment by the relevant National Drug Con-13
trol Program Agencies; 14
‘‘(D) encouraging the adoption by sub-15
stance use disorder treatment providers of evi-16
dence-based standards to guide all aspects of 17
treatment provided; and 18
‘‘(E) advising the Director on the efforts 19
of each National Drug Control Program Agency 20
to implement the National Treatment Plan. 21
‘‘(3) STAFF.—The Director shall assign such 22
permanent staff of the Office of the United States 23
Treatment Coordinator as the Director determines 24
to be appropriate to assist the United States Treat-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
88
•HR 5925 IH
ment Coordinator to carry out the responsibilities 1
described in paragraph (2), and may request that 2
appropriate National Drug Control Program Agen-3
cies detail or assign staff to assist in carrying out 4
such responsibilities. 5
‘‘(4) NATIONAL TREATMENT PLAN.— 6
‘‘(A) PURPOSES.—The National Treatment 7
Plan— 8
‘‘(i) shall identify the unmet need for 9
treatment for evidence-based substance use 10
disorders including opioid use disorders, 11
and set forth the Government’s strategy 12
for closing the gap between available and 13
needed treatment; 14
‘‘(ii) shall describe the specific roles 15
and responsibilities of the relevant Na-16
tional Drug Control Program Agencies for 17
implementing that strategy; 18
‘‘(iii) shall identify the specific re-19
sources required to enable the relevant Na-20
tional Drug Control Program Agencies to 21
implement that strategy; 22
‘‘(iv) shall identify the resources, in-23
cluding private sources, required to elimi-24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
89
•HR 5925 IH
nate the unmet need for evidence-based 1
substance use disorder treatment; and 2
‘‘(v) may include recommendations 3
about changes to existing agency authori-4
ties or laws governing interagency relation-5
ships. 6
‘‘(B) CONSULTATION WITH OTHER AGEN-7
CIES.—Before the submission of the National 8
Treatment Strategy or annual supplement re-9
quired under section 1005(d), as applicable, the 10
United States Treatment Coordinator shall 11
issue the National Treatment Plan, in consulta-12
tion with the other members of the Interdiction 13
Committee described in subsection (b). 14
‘‘(C) REPORT TO CONGRESS.—On or be-15
fore March 1 of each year, the Director, 16
through the United States Treatment Coordi-17
nator, shall provide to the appropriate congres-18
sional committees a report that includes a copy 19
of that year’s National Treatment Plan; 20
‘‘(b) TREATMENT COMMITTEE.— 21
‘‘(1) IN GENERAL.—The Treatment Committee 22
shall meet to— 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
90
•HR 5925 IH
‘‘(A) review and discuss the adequacy of 1
evidence-based substance use disorder treat-2
ment as well as the unmet need for treatment; 3
‘‘(B) review and discuss the status of the 4
implementation of the National Treatment 5
Plan; and 6
‘‘(C) provide such other advice to the Di-7
rector concerning substance use disorder treat-8
ment initiatives as the committee determines is 9
appropriate. 10
‘‘(2) CHAIR.—The Director shall designate one 11
of the members of the Treatment Committee to 12
serve as chair. 13
‘‘(3) MEETINGS.—The members of the Treat-14
ment Committee shall meet, in person and not 15
through any delegate or representative, at least once 16
per calendar year, before March 1. At the call of the 17
Director or the chair, the Treatment Committee may 18
hold additional meetings, which shall be attended by 19
the members in person, or through such delegates or 20
representatives as the members may choose. 21
‘‘(4) REPORT.—Not later than September 30 of 22
each year, the chair of the Treatment Committee 23
shall submit to the Director and to the appropriate 24
congressional committees a report describing the re-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
91
•HR 5925 IH
sults of the meetings and any significant findings of 1
the committee during the previous 12 months. Such 2
report may include a classified annex. 3
‘‘§ 1013. Critical information coordination 4
‘‘(a) NATIONAL DRUG CONTROL FUSION CENTER.— 5
‘‘(1) ESTABLISHMENT.—The Director shall, in 6
consultation with the head of each National Drug 7
Control Program Agency, designate an agency to es-8
tablish a National Drug Control Fusion Center (re-9
ferred to in this section as the ‘Center’). The Center 10
shall operate under the authority of the Director and 11
shall work with the National Drug Control Program 12
Agencies to collect, compile, analyze, and facilitate 13
the sharing of data on the use of illicit drugs, treat-14
ment for substance use disorder, and interdiction of 15
illicit drugs. The Center shall be considered a ‘statis-16
tical agency or unit’, as that term is defined in sec-17
tion 502 of the Confidential Information Protection 18
and Statistical Efficiency Act of 2002 (44 U.S.C. 19
3501 note) and shall have the necessary independ-20
ence to ensure any data or information acquired by 21
an agency under a pledge of confidentiality and for 22
exclusively statistical purposes is used exclusively for 23
statistical purposes. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
92
•HR 5925 IH
‘‘(2) CENTER DIRECTOR.—There shall be at the 1
head of the Center a Center Director who shall be 2
appointed by the Director from among individuals 3
qualified and distinguished in data governance and 4
statistical analysis. 5
‘‘(3) DATA COMPILATION.—The Director, act-6
ing through the Center Director, shall do the fol-7
lowing: 8
‘‘(A) Coordinate data collection activities 9
among the National Drug Control Program 10
Agencies. 11
‘‘(B) Collect information not otherwise col-12
lected by National Drug Control Program 13
Agencies as necessary to inform the National 14
Drug Control Strategy. 15
‘‘(C) Compile and analyze any data re-16
quired to be collected under this chapter. 17
‘‘(D) Disseminate technology, as appro-18
priate, to States and local jurisdictions to en-19
able or improve the collection of data on drug 20
use, including the recordation of the occurrence 21
of fatal and non-fatal drug overdoses. 22
‘‘(E) Compile information collected by Na-23
tional Drug Control Program Agencies on 24
grants issued through any National Drug Con-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
93
•HR 5925 IH
trol Program, including for any grant the fol-1
lowing: 2
‘‘(i) The recipient. 3
‘‘(ii) The amount. 4
‘‘(iii) The intended purpose. 5
‘‘(iv) Any evidence of the efficacy of 6
the outcomes achieved by the program 7
funded through the grant. 8
‘‘(v) Any assessments of how the 9
grant met its intended purpose. 10
‘‘(4) TOXICOLOGY SCREENING.— 11
‘‘(A) ESTABLISHMENT.—The Center Di-12
rector may establish a toxicology screening pro-13
gram that engages in— 14
‘‘(i) secondary analysis of urine sam-15
ples that would otherwise be discarded 16
by— 17
‘‘(I) hospitals and drug treat-18
ment programs; 19
‘‘(II) correctional facilities, book-20
ing sites, probation programs, drug 21
courts, and related facilities; and 22
‘‘(III) coroners and medical ex-23
aminers; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
94
•HR 5925 IH
‘‘(ii) analysis of other physical sam-1
ples, as determined by the Center Director 2
to be valuable for understanding the preva-3
lence of any illicit drug. 4
‘‘(B) DE-IDENTIFICATION OF INFORMA-5
TION.—The Center Director shall ensure that 6
no samples have any personally identifiable in-7
formation prior to collection. 8
‘‘(C) LIMITATION ON USE.—No data ob-9
tained from analysis conducted under this para-10
graph may be used as evidence in any pro-11
ceeding. 12
‘‘(D) STATE PROGRAM.—The Center Di-13
rector may establish a program that enables 14
States and local jurisdictions to submit up to 15
20 urine samples per year for toxicology anal-16
ysis for the purposes of identifying substances 17
present in individuals who have suffered fatal 18
drug overdoses. 19
‘‘(5) AUTHORITY TO CONTRACT.—The Director 20
may award contracts, enter into interagency agree-21
ments, manage individual projects, and conduct 22
other operational activities under this subsection. 23
‘‘(b) CRITICAL DRUG CONTROL INFORMATION AND 24
EVIDENCE PLAN.— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
95
•HR 5925 IH
‘‘(1) IN GENERAL.—Not later than the first 1
Monday in February of each year, the Director shall 2
submit to Congress a systematic plan for increasing 3
data collection to enable real-time surveillance of 4
drug control threats, developing analysis and moni-5
toring capabilities, and identifying and addressing 6
policy questions relevant to the National Drug Con-7
trol Policy, Strategy, and Program. Such plan shall 8
be made available on the public online portal of the 9
Office, shall cover at least a 4-year period beginning 10
with the first fiscal year following the fiscal year in 11
which the plan is submitted and published, and con-12
tain the following: 13
‘‘(A) A list of policy-relevant questions for 14
which the Director and each National Drug 15
Control Program Agency intends to develop evi-16
dence to support the National Drug Control 17
Program and Strategy. 18
‘‘(B) A list of data the Director and each 19
National Drug Control Program Agency intends 20
to collect, use, or acquire to facilitate the use of 21
evidence in drug control policymaking and mon-22
itoring. 23
‘‘(C) A list of methods and analytical ap-24
proaches that may be used to develop evidence 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
96
•HR 5925 IH
to support the National Drug Control Program 1
and Strategy and related policy. 2
‘‘(D) A list of any challenges to developing 3
evidence to support policymaking, including any 4
barriers to accessing, collecting, or using rel-5
evant data. 6
‘‘(E) A description of the steps the Direc-7
tor and the head of each National Drug Control 8
Program Agency will take to effectuate the 9
plan. 10
‘‘(F) Any other relevant information as de-11
termined by the Director. 12
‘‘(2) CONSULTATION.—In developing the plan 13
required under paragraph (1), the Director shall 14
consult with the following: 15
‘‘(A) The public. 16
‘‘(B) Any evaluation or analysis units and 17
personnel of the Office. 18
‘‘(C) Office officials responsible for imple-19
menting privacy policy. 20
‘‘(D) Office officials responsible for data 21
governance. 22
‘‘(E) The appropriate congressional com-23
mittees. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
97
•HR 5925 IH
‘‘(F) Any other individual or entity as de-1
termined by the Director. 2
‘‘(c) EVIDENCE-BASED POLICY.— 3
‘‘(1) HARM REDUCTION PROGRAMS.—When de-4
veloping the national drug control policy, any policy 5
of the Director, including policies relating to syringe 6
exchange programs for intravenous drug users, shall 7
be based on the best available medical and scientific 8
evidence regarding the effectiveness of such policy in 9
promoting individual health, preventing the spread 10
of infectious disease and the impact of such policy 11
on drug addiction and use. In making any policy re-12
lating to harm reduction programs, the Director 13
shall consult with the National Institutes of Health 14
and the National Academy of Sciences. 15
‘‘(2) FUND RESTRICTION FOR THE LEGALIZA-16
TION OF CONTROLLED SUBSTANCES.—The Director 17
shall ensure that no Federal funds appropriated to 18
the Office shall be expended for any study or con-19
tract relating to the legalization (for a medical use 20
or any other use) for which a listing in schedule I 21
is in effect under section 202 of the Controlled Sub-22
stances Act (21 U.S.C. 812). 23
‘‘(d) DRUG CONTROL DATA DASHBOARD.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
98
•HR 5925 IH
‘‘(1) ESTABLISHMENT.—The Director, in con-1
sultation with the Center Director, shall establish 2
and maintain a data dashboard on the online portal 3
of the Office to be known as the ‘Drug Control Data 4
Dashboard’. The Director shall ensure the user 5
interface of the dashboard is constructed with mod-6
ern design standards. To the extent practicable, the 7
data made available on the dashboard shall be pub-8
licly available in a machine-readable format and 9
searchable by year, agency, drug, and location. 10
‘‘(2) DATA.—The data included in the Drug 11
Control Data Dashboard shall be updated not less 12
frequently than quarterly and shall include, at a 13
minimum, the following: 14
‘‘(A) For each substance identified under 15
section 1005(c)(1)(A)(i)— 16
‘‘(i) the total amount seized and dis-17
rupted in the calendar year and each of 18
the previous 3 calendar years; 19
‘‘(ii) the known and estimated flows 20
into the United States from all sources in 21
the calendar year and each of the previous 22
3 calendar years; 23
‘‘(iii) the total amount of known flows 24
that could not be interdicted or disrupted 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
99
•HR 5925 IH
in the calendar year and each of the pre-1
vious 3 calendar years; 2
‘‘(iv) the known and estimated levels 3
of domestic production in the calendar year 4
and each of the previous three calendar 5
years, including the levels of domestic pro-6
duction if the drug is a prescription drug, 7
as determined under the Federal Food, 8
Drug, and Cosmetic Act, for which a list-9
ing is in effect under section 202 of the 10
Controlled Substances Act (21 U.S.C. 11
812); and 12
‘‘(v) the average street price for the 13
calendar year and the highest known street 14
price during the preceding 10-year period. 15
‘‘(B) For the calendar year and each of the 16
previous three years data sufficient to show, 17
disaggregated by State and, to the extent fea-18
sible, by region within a State, county, or city, 19
the following: 20
‘‘(i) The number of fatal and non- 21
fatal overdoses caused by each drug identi-22
fied under subparagraph (A)(i). 23
‘‘(ii) The prevalence of substance use 24
disorders. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
100
•HR 5925 IH
‘‘(iii) The number of individuals who 1
have received substance use disorder treat-2
ment, including medication assisted treat-3
ment, for a substance use disorder, includ-4
ing treatment provided through publicly-fi-5
nanced health care programs. 6
‘‘(iv) The extent of the unmet need 7
for substance use disorder treatment, in-8
cluding the unmet need for medication-as-9
sisted treatment. 10
‘‘(C) Data sufficient to show the extent of 11
prescription drug diversion, trafficking, and 12
misuse in the calendar year and each of the 13
previous 3 calendar years. 14
‘‘(D) Any quantifiable measures the Direc-15
tor determines to be appropriate to detail 16
progress toward the achievement of the goals of 17
the National Drug Control Strategy. 18
‘‘(e) ACCESS TO INFORMATION.— 19
‘‘(1) IN GENERAL.—Upon the request of the 20
Director, the head of any National Drug Control 21
Program Agency shall cooperate with and provide to 22
the Director any statistics, studies, reports, and 23
other information prepared or collected by the agen-24
cy concerning the responsibilities of the agency 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
101
•HR 5925 IH
under the National Drug Control Strategy that re-1
late to— 2
‘‘(A) drug control; or 3
‘‘(B) the manner in which amounts made 4
available to that agency for drug control are 5
being used by that agency. 6
‘‘(2) PROTECTION OF INTELLIGENCE INFORMA-7
TION.— 8
‘‘(A) IN GENERAL.—The authorities con-9
ferred on the Office and the Director by this 10
chapter shall be exercised in a manner con-11
sistent with provisions of the National Security 12
Act of 1947 (50 U.S.C. 401 et seq.). The Di-13
rector of National Intelligence shall prescribe 14
such regulations as may be necessary to protect 15
information provided pursuant to this chapter 16
regarding intelligence sources and methods. 17
‘‘(B) DUTIES OF DIRECTOR.—The Director 18
of National Intelligence and the Director of the 19
Central Intelligence Agency shall, to the max-20
imum extent practicable in accordance with 21
subparagraph (A), render full assistance and 22
support to the Office and the Director. 23
‘‘(3) REQUIRED REPORTS FROM NATIONAL 24
DRUG CONTROL AGENCIES.—The head of each Na-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
102
•HR 5925 IH
tional Drug Control Program Agency shall submit to 1
the Director such information and reports as re-2
quested from such National Drug Control Program 3
Agency by the Director, which shall include from the 4
appropriate National Drug Control Program Agen-5
cies: 6
‘‘(A) Not later than July 1 of each year, 7
the head of a designated National Drug Control 8
Program Agency shall submit to the Director 9
and the appropriate congressional committees 10
an assessment of the quantity of illegal drug 11
cultivation and manufacturing in the United 12
States on lands owned or under the jurisdiction 13
of their respective agencies that was seized or 14
eradicated by their personnel during the pre-15
ceding calendar year. 16
‘‘(B) Not later than July 1 of each year, 17
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
‘‘(i) the number and type of seizures 22
of drugs by each component of the agency 23
seizing drugs, as well as statistical infor-24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
103
•HR 5925 IH
mation on the geographic areas of such 1
seizures; and 2
‘‘(ii) the number of air and maritime 3
patrol hours primarily dedicated to drug 4
supply reduction missions undertaken by 5
each component of the agency. 6
‘‘(C) Not later than July 1 of each year, 7
the head of a designated National Drug Control 8
Program Agency shall submit to the Director 9
and the appropriate congressional committees 10
information for the preceding year regarding 11
the number of air and maritime patrol hours 12
primarily dedicated to drug supply reduction 13
missions undertaken by each component of the 14
agency. 15
‘‘(D) Not later than July 1 of each year, 16
the head of a designated National Drug Control 17
Program Agency shall submit to the Director 18
and the appropriate congressional committees 19
information for the preceding year regarding 20
the number and type of— 21
‘‘(i) arrests for drug violations; 22
‘‘(ii) prosecutions for drug violations 23
by United States Attorneys; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
104
•HR 5925 IH
‘‘(iii) seizures of drugs by each com-1
ponent of the Department of Justice seiz-2
ing drugs, as well as statistical information 3
on the geographic areas of such seizures. 4
‘‘(f) DATA EXCHANGE STANDARDS FOR IMPROVED 5
INTEROPERABILITY.— 6
‘‘(1) INTERAGENCY AND INTERGOVERNMENTAL 7
DESIGNATION AND USE OF DATA EXCHANGE STAND-8
ARDS WORKING GROUP.—The Director shall estab-9
lish a working group of National Drug Control Pro-10
gram Agencies, State, local and Tribal government 11
health and law enforcement agencies, and data gov-12
ernance experts to develop consensus data exchange 13
standards for necessary categories of information 14
that allow effective electronic exchange of informa-15
tion between States, between State agencies, be-16
tween States and National Drug Control Program 17
Agencies, and any other drug control relevant data 18
exchange. 19
‘‘(2) DATA EXCHANGE STANDARDS MUST BE 20
NONPROPRIETARY AND INTEROPERABLE.—The data 21
exchange standards designated under paragraph (1) 22
shall, to the extent practicable, be nonproprietary 23
and interoperable. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
105
•HR 5925 IH
‘‘(3) OTHER REQUIREMENTS.—In designating 1
data exchange standards under this subsection, the 2
working group shall, to the extent practicable, incor-3
porate— 4
‘‘(A) interoperable standards developed 5
and maintained by an international voluntary 6
consensus standards body, as defined by the Of-7
fice of Management and Budget; 8
‘‘(B) interoperable standards developed 9
and maintained by intergovernmental partner-10
ships; and 11
‘‘(C) interoperable standards developed 12
and maintained by Federal entities with author-13
ity over contracting and financial assistance. 14
‘‘(4) DATA EXCHANGE STANDARDS FOR FED-15
ERAL REPORTING.— 16
‘‘(A) DESIGNATION.—The Director may, in 17
consultation with the working group established 18
under this section, National Drug Control Pro-19
gram Agencies, and State, local, and Tribal 20
governments, designate data exchange stand-21
ards to govern Federal reporting and exchange 22
requirements for National Drug Control Pro-23
grams, as appropriate. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
106
•HR 5925 IH
‘‘(B) REQUIREMENTS.—The data exchange 1
reporting standards required by subparagraph 2
(A) shall, to the extent practicable— 3
‘‘(i) incorporate a widely accepted, 4
nonproprietary, searchable, machine-read-5
able format; 6
‘‘(ii) be consistent with and implement 7
applicable accounting principles; 8
‘‘(iii) be implemented in a manner 9
that is cost-effective and improves program 10
efficiency and effectiveness; and 11
‘‘(iv) be capable of being continually 12
upgraded as necessary. 13
‘‘(C) INCORPORATION OF NONPROPRI-14
ETARY STANDARDS.—In designating data ex-15
change standards under this paragraph, the Di-16
rector shall, to the extent practicable, incor-17
porate existing nonproprietary standards. 18
‘‘(D) RULE OF CONSTRUCTION.—Nothing 19
in this paragraph shall be construed to require 20
a change to existing data exchange standards 21
for Federal reporting about a program referred 22
to in this section, if the head of the agency re-23
sponsible for administering the program finds 24
the standards to be effective and efficient. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
107
•HR 5925 IH
‘‘(5) TERMINATION.—The working group estab-1
lished under paragraph (1) shall terminate not ear-2
lier than 60 days after the public notification of ter-3
mination by the Director. 4
‘‘(g) ANNUAL DATA COLLECTION AND DISSEMINA-5
TION REQUIREMENTS.— 6
‘‘(1) IN GENERAL.—The Director shall collect 7
and disseminate, as appropriate, such information as 8
the Director determines is appropriate, but not less 9
than the information described in this subsection. To 10
the extent practicable, the data shall be publicly 11
available in a machine-readable format on the Drug 12
Control Data Dashboard, be searchable by year, 13
agency, drug, and location, and cover not less than 14
the previous 10-year period. 15
‘‘(2) PREPARATION AND DISSEMINATION OF IN-16
FORMATION.—The Director shall prepare and dis-17
seminate the following: 18
‘‘(A) An assessment of current illicit drug 19
use (including inhalants and steroids) and avail-20
ability, impact of illicit drug use, and treatment 21
availability, which assessment shall include— 22
‘‘(i) estimates of drug prevalence and 23
frequency of use as measured by national, 24
State, and local surveys of illicit drug use 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
108
•HR 5925 IH
and by other special studies of non-1
dependent and dependent illicit drug use; 2
‘‘(ii) illicit drug use in the workplace 3
and the productivity lost by such use; and 4
‘‘(iii) illicit drug use by arrestees, pro-5
bationers, and parolees. 6
‘‘(B) An assessment of the reduction of il-7
licit drug availability, for each drug identified 8
under section 1005(c)(1)(A)(i), as measured 9
by— 10
‘‘(i) the quantities of such drug avail-11
able for consumption in the United States; 12
‘‘(ii) the amount of such drug enter-13
ing the United States; 14
‘‘(iii) the number of illicit drug manu-15
facturing laboratories seized and destroyed 16
of each relevant drug and the number of 17
hectares cultivated and destroyed domesti-18
cally and in other countries of each rel-19
evant drug; 20
‘‘(iv) the number of metric tons of 21
such drug seized; and 22
‘‘(v) changes in the price and purity 23
of such drug. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
109
•HR 5925 IH
‘‘(C) An assessment of the reduction of the 1
consequences of illicit drug use and availability, 2
which shall include— 3
‘‘(i) the cost of treating substance use 4
disorder in the United States, such as the 5
quantity of illicit drug-related services pro-6
vided; 7
‘‘(ii) the annual national health care 8
cost of illicit drug use; and 9
‘‘(iii) the extent of illicit drug-related 10
crime and criminal activity. 11
‘‘(D) A determination of the status of drug 12
treatment in the United States, by assessing— 13
‘‘(i) public and private treatment utili-14
zation; and 15
‘‘(ii) the number of illicit drug users 16
the Director estimates meet diagnostic cri-17
teria for treatment. 18
‘‘(E) A summary of the efforts made to co-19
ordinate with private sector entities to conduct 20
private research and development of medica-21
tions to treat addiction by— 22
‘‘(i) screening chemicals for potential 23
therapeutic value; 24
‘‘(ii) developing promising compounds; 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
110
•HR 5925 IH
‘‘(iii) conducting clinical trials; 1
‘‘(iv) seeking Food and Drug Admin-2
istration approval for drugs to treat addic-3
tion; 4
‘‘(v) marketing the drug for the treat-5
ment of addiction; 6
‘‘(vi) urging physicians to use the 7
drug in the treatment of addiction; and 8
‘‘(vii) encouraging insurance compa-9
nies to reimburse the cost of the drug for 10
the treatment of addiction. 11
‘‘§ 1014. Authorization of appropriations 12
‘‘There are authorized to be appropriated to carry out 13
this chapter, except as otherwise specified, to remain avail-14
able until expended, $18,400,000 for each of fiscal years 15
2019 through 2023. 16
‘‘SUBCHAPTER II—HIGH INTENSITY DRUG 17
TRAFFICKING AREAS PROGRAM 18
‘‘§ 1021. High intensity drug trafficking areas pro-19
gram 20
‘‘(a) ESTABLISHMENT.— 21
‘‘(1) IN GENERAL.—There is established in the 22
Office a program to be known as the High Intensity 23
Drug Trafficking Areas Program (in this section re-24
ferred to as the ‘Program’). 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
111
•HR 5925 IH
‘‘(2) PURPOSE.—The purpose of the Program 1
is to reduce drug trafficking and drug production in 2
the United States by— 3
‘‘(A) facilitating cooperation among Fed-4
eral, State, local, and Tribal law enforcement 5
agencies to share information and implement 6
coordinated enforcement activities; 7
‘‘(B) enhancing law enforcement intel-8
ligence sharing among Federal, State, local, and 9
Tribal law enforcement agencies; 10
‘‘(C) providing reliable law enforcement in-11
telligence to law enforcement agencies needed to 12
design effective enforcement strategies and op-13
erations; and 14
‘‘(D) supporting coordinated law enforce-15
ment strategies which maximize use of available 16
resources to reduce the supply of illegal drugs 17
in designated areas and in the United States as 18
a whole. 19
‘‘(b) DESIGNATION.— 20
‘‘(1) IN GENERAL.—The Director, in consulta-21
tion with the Attorney General, the Secretary of the 22
Treasury, the Secretary of Homeland Security, 23
heads of the National Drug Control Program Agen-24
cies, and the Governor of each applicable State, may 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
112
•HR 5925 IH
designate any specified area of the United States as 1
a high intensity drug trafficking area. 2
‘‘(2) ACTIVITIES.—After making a designation 3
under paragraph (1) and in order to provide Federal 4
assistance to the area so designated, the Director 5
may— 6
‘‘(A) obligate such sums as are appro-7
priated for the Program; 8
‘‘(B) direct the temporary reassignment of 9
Federal personnel to such area, subject to the 10
approval of the head of the agency that employs 11
such personnel; 12
‘‘(C) take any other action authorized 13
under this chapter to provide increased Federal 14
assistance to those areas; and 15
‘‘(D) coordinate activities under this sec-16
tion (specifically administrative, recordkeeping, 17
and funds management activities) with State, 18
local, and Tribal officials. 19
‘‘(c) PETITIONS FOR DESIGNATION.—The Director 20
shall establish and maintain regulations under which a co-21
alition of interested law enforcement agencies from an 22
area may petition for designation as a high intensity drug 23
trafficking area (in this section referred to as the 24
‘HIDTA’). Such regulations shall provide for a regular re-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
113
•HR 5925 IH
view by the Director of the petition, including a rec-1
ommendation regarding the merit of the petition to the 2
Director by a panel of qualified, independent experts. 3
‘‘(d) FACTORS FOR CONSIDERATION.—In considering 4
whether to designate an area under this section as a high 5
intensity drug trafficking area, the Director shall consider, 6
in addition to such other criteria as the Director considers 7
to be appropriate, the extent to which— 8
‘‘(1) the area is a significant center of illegal 9
drug production, manufacturing, importation, or dis-10
tribution; 11
‘‘(2) State, local, and Tribal law enforcement 12
agencies have committed resources to respond to the 13
drug trafficking problem in the area, thereby indi-14
cating a determination to respond aggressively to the 15
problem; 16
‘‘(3) drug-related activities in the area are hav-17
ing a significant harmful impact in the area, and in 18
other areas of the country; and 19
‘‘(4) a significant increase in allocation of Fed-20
eral resources is necessary to respond adequately to 21
drug-related activities in the area. 22
‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG 23
TRAFFICKING AREAS.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
114
•HR 5925 IH
‘‘(1) EXECUTIVE BOARD AND OFFICERS.—To 1
be eligible for funds appropriated under this section, 2
each high intensity drug trafficking area shall be 3
governed by an Executive Board. The Executive 4
Board shall designate a chairman, vice chairman, 5
and any other officers to the Executive Board that 6
it determines are necessary. 7
‘‘(2) RESPONSIBILITIES.—The Executive Board 8
of a high intensity drug trafficking area shall be re-9
sponsible for— 10
‘‘(A) providing direction and oversight in 11
establishing and achieving the goals of the high 12
intensity drug trafficking area; 13
‘‘(B) managing the funds of the high in-14
tensity drug trafficking area; 15
‘‘(C) reviewing and approving all funding 16
proposals consistent with the overall objective of 17
the high intensity drug trafficking area; and 18
‘‘(D) reviewing and approving all reports 19
to the Director on the activities of the high in-20
tensity drug trafficking area. 21
‘‘(3) BOARD REPRESENTATION.—None of the 22
funds appropriated under this section may be ex-23
pended for any high intensity drug trafficking area, 24
or for a partnership or region of a high intensity 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
115
•HR 5925 IH
drug trafficking area, if the Executive Board for 1
such area, region, or partnership, does not apportion 2
an equal number of votes between representatives of 3
participating agencies and representatives of partici-4
pating State, local, and Tribal agencies. Where it is 5
impractical for an equal number of representatives 6
of agencies and State, local, and Tribal agencies to 7
attend a meeting of an Executive Board in person, 8
the Executive Board may use a system of proxy 9
votes or weighted votes to achieve the voting balance 10
required by this paragraph. 11
‘‘(4) NO AGENCY RELATIONSHIP.—The eligi-12
bility requirements of this section are intended to 13
ensure the responsible use of Federal funds. Nothing 14
in this section is intended to create an agency rela-15
tionship between individual high intensity drug traf-16
ficking areas and the Federal Government. 17
‘‘(f) USE OF FUNDS.—The Director shall ensure that 18
not more than 5 percent of Federal funds appropriated 19
for the Program are expended for drug treatment pro-20
grams and not more than 5 percent of the Federal funds 21
appropriated for the Program are expended for drug pre-22
vention programs. 23
‘‘(g) COUNTERTERRORISM ACTIVITIES.— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
116
•HR 5925 IH
‘‘(1) ASSISTANCE AUTHORIZED.—The Director 1
may authorize use of resources available for the Pro-2
gram to assist Federal, State, local, and Tribal law 3
enforcement agencies in investigations and activities 4
related to terrorism and prevention of terrorism, es-5
pecially but not exclusively with respect to such in-6
vestigations and activities that are also related to 7
drug trafficking. 8
‘‘(2) LIMITATION.—The Director shall ensure— 9
‘‘(A) that assistance provided under para-10
graph (1) remains incidental to the purpose of 11
the Program to reduce drug availability and 12
carry out drug-related law enforcement activi-13
ties; and 14
‘‘(B) that significant resources of the Pro-15
gram are not redirected to activities exclusively 16
related to terrorism, except on a temporary 17
basis under extraordinary circumstances, as de-18
termined by the Director. 19
‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA-20
TION.—The Director, in consultation with the Attorney 21
General, shall ensure that a representative of the Drug 22
Enforcement Administration is included in the Intelligence 23
Support Center for each high intensity drug trafficking 24
area. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
117
•HR 5925 IH
‘‘(i) EMERGING THREAT RESPONSE FUND.— 1
‘‘(1) IN GENERAL.—Subject to the availability 2
of appropriations, the Director may expend up to 10 3
percent of the amounts appropriated under this sec-4
tion on a discretionary basis, in accordance with the 5
criteria established under paragraph (2)— 6
‘‘(A) to respond to any emerging drug traf-7
ficking threat in an existing high intensity drug 8
trafficking area; 9
‘‘(B) to establish a new high intensity drug 10
trafficking area; or 11
‘‘(C) to expand an existing high intensity 12
drug trafficking area. 13
‘‘(2) CONSIDERATION OF IMPACT.—In allo-14
cating funds under this subsection, the Director 15
shall consider— 16
‘‘(A) the impact of activities funded on re-17
ducing overall drug traffic in the United States, 18
or minimizing the probability that an emerging 19
drug trafficking threat will spread to other 20
areas of the United States; and 21
‘‘(B) such other criteria as the Director 22
considers appropriate. 23
‘‘(j) ANNUAL HIDTA PROGRAM BUDGET SUBMIS-24
SIONS.—As part of the documentation that supports the 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
118
•HR 5925 IH
President’s annual budget request for the Office, the Di-1
rector shall submit to Congress a budget justification that 2
includes— 3
‘‘(1) the amount proposed for each HIDTA, 4
conditional upon a review by the Office of the re-5
quest submitted by such HIDTA and the perform-6
ance of such HIDTA, with supporting narrative de-7
scriptions and rationale for each request; 8
‘‘(2) a detailed justification that explains— 9
‘‘(A) the reasons for the proposed funding 10
level and how such funding level was deter-11
mined based on a current assessment of the 12
drug trafficking threat in each high intensity 13
drug trafficking area; 14
‘‘(B) how such funding will ensure that the 15
goals and objectives of each such area will be 16
achieved; and 17
‘‘(C) how such funding supports the Na-18
tional Drug Control Strategy; and 19
‘‘(3) the amount of HIDTA funds used to in-20
vestigate and prosecute organizations and individ-21
uals trafficking in each major illicit drug, as identi-22
fied by the Director, in the prior calendar year, and 23
a description of how those funds were used. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
119
•HR 5925 IH
‘‘(k) HIDTA ANNUAL EVALUATION REPORT.—As 1
part of each National Drug Control Evaluation assess-2
ment under section 1006, the Director shall include, for 3
each designated high intensity drug trafficking area, a re-4
port that— 5
‘‘(1) describes— 6
‘‘(A) the specific purposes for the high in-7
tensity drug trafficking area; and 8
‘‘(B) the specific long-term and short-term 9
goals and objectives for the high intensity drug 10
trafficking area; 11
‘‘(2) includes an evaluation of the performance 12
of the high intensity drug trafficking area in accom-13
plishing the specific long-term and short-term goals 14
and objectives identified under subparagraph (1)(B); 15
‘‘(3) assesses the number and operation of all 16
federally funded drug enforcement task forces within 17
such high intensity drug trafficking area; 18
‘‘(4) describes— 19
‘‘(A) each Federal, State, local, and Tribal 20
drug enforcement task force operating in such 21
high intensity drug trafficking area; 22
‘‘(B) how such task forces coordinate with 23
each other, with any high intensity drug traf-24
ficking area task force, and with investigations 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
120
•HR 5925 IH
receiving funds from the Organized Crime and 1
Drug Enforcement Task Force; 2
‘‘(C) what steps, if any, each such task 3
force takes to share information regarding drug 4
trafficking and drug production with other fed-5
erally funded drug enforcement task forces in 6
the high intensity drug trafficking area; 7
‘‘(D) the role of the high intensity drug 8
trafficking area in coordinating the sharing of 9
such information among task forces; 10
‘‘(E) the nature and extent of cooperation 11
by each Federal, State, local, and Tribal partic-12
ipant in ensuring that such information is 13
shared among law enforcement agencies and 14
with the high intensity drug trafficking area; 15
‘‘(F) the nature and extent to which infor-16
mation sharing and enforcement activities are 17
coordinated with joint terrorism task forces in 18
the high intensity drug trafficking area; and 19
‘‘(G) any recommendations for measures 20
needed to ensure that task force resources are 21
utilized efficiently and effectively to reduce the 22
availability of illegal drugs in the high intensity 23
drug trafficking areas; and 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
121
•HR 5925 IH
‘‘(5) in consultation with the Director of Na-1
tional Intelligence— 2
‘‘(A) evaluates existing and planned law 3
enforcement intelligence systems supported by 4
such high intensity drug trafficking area, or 5
utilized by task forces receiving any funding 6
under the Program, including the extent to 7
which such systems ensure access and avail-8
ability of law enforcement intelligence to Fed-9
eral, State, local, and Tribal law enforcement 10
agencies within the high intensity drug traf-11
ficking area and outside of such area; 12
‘‘(B) evaluates the extent to which Fed-13
eral, State, local, and Tribal law enforcement 14
agencies participating in each high intensity 15
drug trafficking area are sharing law enforce-16
ment intelligence information to assess current 17
drug trafficking threats and design appropriate 18
enforcement strategies; and 19
‘‘(C) identifies the measures needed to im-20
prove effective sharing of information and law 21
enforcement intelligence regarding drug traf-22
ficking and drug production among Federal, 23
State, local, and Tribal law enforcement partici-24
pating in a high intensity drug trafficking area, 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
122
•HR 5925 IH
and between such agencies and similar agencies 1
outside the high intensity drug trafficking area. 2
‘‘(l) COORDINATION OF LAW ENFORCEMENT INTEL-3
LIGENCE SHARING WITH ORGANIZED CRIME DRUG EN-4
FORCEMENT TASK FORCE PROGRAM.— 5
‘‘(1) DRUG ENFORCEMENT INTELLIGENCE 6
SHARING.—The Director, in consultation with the 7
Attorney General, shall ensure that any drug en-8
forcement intelligence obtained by the Intelligence 9
Support Center for each high intensity drug traf-10
ficking area is shared, on a timely basis, with the 11
drug intelligence fusion center operated by the Orga-12
nized Crime Drug Enforcement Task Force of the 13
Department of Justice. 14
‘‘(2) CERTIFICATION.—Before the Director 15
awards any funds to a high intensity drug traf-16
ficking area, the Director shall certify that the law 17
enforcement entities participating in that HIDTA 18
are providing laboratory seizure data to the national 19
clandestine laboratory database at the El Paso Intel-20
ligence Center. 21
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 22
is authorized to be appropriated to the Office to carry out 23
this section $280,000,000 for each fiscal years 2019 24
through 2023. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
123
•HR 5925 IH
‘‘(n) SPECIFIC PURPOSES.— 1
‘‘(1) IN GENERAL.—The Director shall ensure 2
that, of the amounts appropriated for a fiscal year 3
for the Program, at least 2.5 percent is used in high 4
intensity drug trafficking areas with severe neigh-5
borhood safety and illegal drug distribution prob-6
lems. 7
‘‘(2) REQUIRED USES.—The funds used under 8
paragraph (1) shall be used to ensure the safety of 9
neighborhoods and the protection of communities, 10
including the prevention of the intimidation of wit-11
nesses of illegal drug distribution and related activi-12
ties and the establishment of or support for pro-13
grams that provide protection or assistance to wit-14
nesses in court proceedings. 15
‘‘(3) BEST PRACTICE MODELS.—The Director 16
shall work with the HIDTAs to develop and main-17
tain best practice models to assist State, local, and 18
Tribal governments in addressing witness safety, re-19
location, financial and housing assistance, or any 20
other services related to witness protection or assist-21
ance in cases of illegal drug distribution and related 22
activities. The Director shall ensure dissemination of 23
the best practice models to each HIDTA. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
124
•HR 5925 IH
‘‘SUBCHAPTER III—DRUG-FREE COMMUNITIES 1
SUPPORT PROGRAM 2
‘‘§ 1031. Establishment of drug-free communities sup-3
port program 4
‘‘(a) ESTABLISHMENT.—The Director shall establish 5
a program to support communities in the development and 6
implementation of comprehensive, long-term plans and 7
programs to prevent and treat substance use and misuse 8
among youth. 9
‘‘(b) PROGRAM.—In carrying out the Program, the 10
Director shall— 11
‘‘(1) make and track grants to grant recipients; 12
‘‘(2) provide for technical assistance and train-13
ing, data collection, and dissemination of informa-14
tion on state-of-the-art practices that the Director 15
determines to be effective in reducing substance use; 16
and 17
‘‘(3) provide for the general administration of 18
the Program. 19
‘‘(c) ADMINISTRATION.—The Director shall appoint 20
an Administrator to carry out the Program. 21
‘‘(d) CONTRACTING.—The Director may employ any 22
necessary staff and may enter into contracts or agree-23
ments with national drug control agencies, including inter-24
agency agreements, to delegate authority for the execution 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
125
•HR 5925 IH
of grants and for such other activities necessary to carry 1
out this chapter. 2
‘‘§ 1032. Program authorization 3
‘‘(a) GRANT ELIGIBILITY.—To be eligible to receive 4
an initial grant or a renewal grant under this subchapter, 5
a coalition shall meet each of the following criteria: 6
‘‘(1) APPLICATION.—The coalition shall submit 7
an application to the Administrator in accordance 8
with section 1033(a)(2). 9
‘‘(2) MAJOR SECTOR INVOLVEMENT.— 10
‘‘(A) IN GENERAL.—The coalition shall 11
consist of one or more representatives of each 12
of the following categories: 13
‘‘(i) Youth. 14
‘‘(ii) Parents. 15
‘‘(iii) Businesses. 16
‘‘(iv) The media. 17
‘‘(v) Schools. 18
‘‘(vi) Organizations serving youth. 19
‘‘(vii) Law enforcement. 20
‘‘(viii) Religious or fraternal organiza-21
tions. 22
‘‘(ix) Civic and volunteer groups. 23
‘‘(x) Health care professionals. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
126
•HR 5925 IH
‘‘(xi) State, local, or tribal govern-1
mental agencies with expertise in the field 2
of substance use prevention or substance 3
use disorders (including, if applicable, the 4
State authority with primary authority for 5
substance use and misuse). 6
‘‘(xii) Other organizations involved in 7
reducing the prevalence of substance use 8
and misuse or substance use disorders. 9
‘‘(B) ELECTED OFFICIALS.—If feasible, in 10
addition to representatives from the categories 11
listed in subparagraph (A), the coalition shall 12
have an elected official (or a representative of 13
an elected official) from— 14
‘‘(i) the Federal Government; and 15
‘‘(ii) the government of the appro-16
priate State and political subdivision there-17
of or the governing body or an Indian tribe 18
(as that term is defined in section 4(e) of 19
the Indian Self-Determination Act (25 20
U.S.C. 450b(e))). 21
‘‘(C) REPRESENTATION.—An individual 22
who is a member of the coalition may serve on 23
the coalition as a representative of not more 24
than 1 category listed under subparagraph (A). 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
127
•HR 5925 IH
‘‘(3) COMMITMENT.—The coalition shall dem-1
onstrate, to the satisfaction of the Administrator— 2
‘‘(A) that the representatives of the coali-3
tion have worked together on substance use and 4
misuse reduction initiatives, which, at a min-5
imum, includes initiatives that target drugs de-6
scribed in section 1037(6)(A), for a period of 7
not less than 6 months, acting through entities 8
such as task forces, subcommittees, or commu-9
nity boards; and 10
‘‘(B) substantial participation from volun-11
teer leaders in the community involved (espe-12
cially in cooperation with individuals involved 13
with youth such as parents, teachers, coaches, 14
youth workers, and members of the clergy). 15
‘‘(4) MISSION AND STRATEGIES.—The coalition 16
shall, with respect to the community involved— 17
‘‘(A) have as its principal mission the re-18
duction of illegal drug use, which, at a min-19
imum, includes the use of illegal drugs de-20
scribed in section 1037(6)(A), in a comprehen-21
sive and long-term manner, with a primary 22
focus on youth in the community; 23
‘‘(B) describe and document the nature 24
and extent of the substance use and misuse 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
128
•HR 5925 IH
problem, which, at a minimum, includes the use 1
and misuse of drugs described in section 2
1037(6)(A), in the community; 3
‘‘(C)(i) provide a description of substance 4
use and misuse prevention and treatment pro-5
grams and activities, which, at a minimum, in-6
cludes programs and activities relating to the 7
use and misuse of drugs described in section 8
1037(6)(A), in existence at the time of the 9
grant application; and 10
‘‘(ii) identify substance use and misuse 11
programs and service gaps, which, at a min-12
imum, includes programs and gaps relating to 13
the use and misuse of drugs described in sec-14
tion 1037(6)(A), in the community; 15
‘‘(D) develop a strategic plan to reduce 16
substance use and misuse among youth, which, 17
at a minimum, includes the use and misuse of 18
drugs described in section 1037(6)(A), in a 19
comprehensive and long-term fashion; and 20
‘‘(E) work to develop a consensus regard-21
ing the priorities of the community to combat 22
substance use and misuse among youth, which, 23
at a minimum, includes the use and misuse of 24
drugs described in section 1037(6)(A). 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
129
•HR 5925 IH
‘‘(5) SUSTAINABILITY.—The coalition shall 1
demonstrate that the coalition is an ongoing concern 2
by demonstrating that the coalition— 3
‘‘(A) is— 4
‘‘(i)(I) a nonprofit organization; or 5
‘‘(II) an entity that the Administrator 6
determines to be appropriate; or 7
‘‘(ii) part of, or is associated with, an 8
established legal entity; 9
‘‘(B) receives financial support (including, 10
in the discretion of the Administrator, in-kind 11
contributions) from non-Federal sources; and 12
‘‘(C) has a strategy to solicit substantial fi-13
nancial support from non-Federal sources to en-14
sure that the coalition and the programs oper-15
ated by the coalition are self-sustaining. 16
‘‘(6) ACCOUNTABILITY.—The coalition shall— 17
‘‘(A) establish a system to measure and re-18
port outcomes— 19
‘‘(i) consistent with common indica-20
tors and evaluation protocols established 21
by the Administrator; and 22
‘‘(ii) approved by the Administrator; 23
‘‘(B) conduct— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
130
•HR 5925 IH
‘‘(i) for an initial grant under this 1
subchapter, an initial benchmark survey of 2
drug use among youth (or use local sur-3
veys or performance measures available or 4
accessible in the community at the time of 5
the grant application); and 6
‘‘(ii) biennial surveys (or incorporate 7
local surveys in existence at the time of the 8
evaluation) to measure the progress and 9
effectiveness of the coalition; and 10
‘‘(C) provide assurances that the entity 11
conducting an evaluation under this paragraph, 12
or from which the coalition receives informa-13
tion, has experience— 14
‘‘(i) in gathering data related to sub-15
stance use and misuse among youth; or 16
‘‘(ii) in evaluating the effectiveness of 17
community anti-drug coalitions. 18
‘‘(7) ADDITIONAL CRITERIA.—The Director 19
shall not impose any eligibility criteria on new appli-20
cants or renewal grantees not provided in this chap-21
ter. 22
‘‘(b) GRANT AMOUNTS.— 23
‘‘(1) IN GENERAL.— 24
‘‘(A) GRANTS.— 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
131
•HR 5925 IH
‘‘(i) IN GENERAL.—Subject to clause 1
(iv), for a fiscal year, the Administrator 2
may grant to an eligible coalition under 3
this paragraph, an amount not to exceed 4
the amount of non-Federal funds raised by 5
the coalition, including in-kind contribu-6
tions, for that fiscal year. 7
‘‘(ii) SUSPENSION OF GRANTS.—If 8
such grant recipient fails to continue to 9
meet the criteria specified in subsection 10
(a), the Administrator may suspend the 11
grant, after providing written notice to the 12
grant recipient and an opportunity to ap-13
peal. 14
‘‘(iii) RENEWAL GRANTS.—Subject to 15
clause (iv), the Administrator may award a 16
renewal grant to a grant recipient under 17
this subparagraph for each fiscal year fol-18
lowing the fiscal year for which an initial 19
grant is awarded, in an amount not to ex-20
ceed the amount of non-Federal funds 21
raised by the coalition, including in-kind 22
contributions, for that fiscal year, during 23
the 4-year period following the period of 24
the initial grant. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
132
•HR 5925 IH
‘‘(iv) LIMITATION.—The amount of a 1
grant award under this subparagraph may 2
not exceed $125,000 for a fiscal year. 3
‘‘(B) COALITION AWARDS.— 4
‘‘(i) IN GENERAL.—Except as pro-5
vided in clause (ii), the Administrator may, 6
with respect to a community, make a grant 7
to 1 eligible coalition that represents that 8
community. 9
‘‘(ii) EXCEPTION.—The Administrator 10
may make a grant to more than 1 eligible 11
coalition that represents a community if— 12
‘‘(I) the eligible coalitions dem-13
onstrate that the coalitions are col-14
laborating with one another; and 15
‘‘(II) each of the coalitions has 16
independently met the requirements 17
set forth in subsection (a). 18
‘‘(2) RURAL COALITION GRANTS.— 19
‘‘(A) IN GENERAL.— 20
‘‘(i) IN GENERAL.—In addition to 21
awarding grants under paragraph (1), to 22
stimulate the development of coalitions in 23
sparsely populated and rural areas, the 24
Administrator may award a grant in ac-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
133
•HR 5925 IH
cordance with this section to a coalition 1
that represents a county with a population 2
that does not exceed 30,000 individuals. In 3
awarding a grant under this paragraph, 4
the Administrator may waive any require-5
ment under subsection (a) if the Adminis-6
trator considers that waiver to be appro-7
priate. 8
‘‘(ii) MATCHING REQUIREMENT.— 9
Subject to subparagraph (C), for a fiscal 10
year, the Administrator may grant to an 11
eligible coalition under this paragraph, an 12
amount not to exceed the amount of non- 13
Federal funds raised by the coalition, in-14
cluding in-kind contributions, for that fis-15
cal year. 16
‘‘(iii) SUSPENSION OF GRANTS.—If 17
such grant recipient fails to continue to 18
meet any criteria specified in subsection 19
(a) that has not been waived by the Ad-20
ministrator pursuant to clause (i), the Ad-21
ministrator may suspend the grant, after 22
providing written notice to the grant re-23
cipient and an opportunity to appeal. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
134
•HR 5925 IH
‘‘(B) RENEWAL GRANTS.—The Adminis-1
trator may award a renewal grant to an eligible 2
coalition that is a grant recipient under this 3
paragraph for each fiscal year following the fis-4
cal year for which an initial grant is awarded, 5
in an amount not to exceed the amount of non- 6
Federal funds raised by the coalition, including 7
in-kind contributions, during the 4-year period 8
following the period of the initial grant. 9
‘‘(C) LIMITATIONS.— 10
‘‘(i) AMOUNT.—The amount of a 11
grant award under this paragraph shall 12
not exceed $125,000 for a fiscal year. 13
‘‘(ii) AWARDS.—With respect to a 14
county referred to in subparagraph (A), 15
the Administrator may award a grant 16
under this section to not more than 1 eligi-17
ble coalition that represents the county. 18
‘‘(3) ADDITIONAL GRANTS.— 19
‘‘(A) IN GENERAL.—Subject to subpara-20
graph (F), the Administrator may award an ad-21
ditional grant under this paragraph to an eligi-22
ble coalition awarded a grant under paragraph 23
(1) or (2) for any first fiscal year after the end 24
of the 4-year period following the period of the 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
135
•HR 5925 IH
initial grant under paragraph (1) or (2), as the 1
case may be. 2
‘‘(B) SCOPE OF GRANTS.—A coalition 3
awarded a grant under paragraph (1) or (2), 4
including a renewal grant under such para-5
graph, may not be awarded another grant 6
under such paragraph, and is eligible for an ad-7
ditional grant under this section only under this 8
paragraph. 9
‘‘(C) NO PRIORITY FOR APPLICATIONS.— 10
The Administrator may not afford a higher pri-11
ority in the award of an additional grant under 12
this paragraph than the Administrator would 13
afford the applicant for the grant if the appli-14
cant were submitting an application for an ini-15
tial grant under paragraph (1) or (2) rather 16
than an application for a grant under this para-17
graph. 18
‘‘(D) RENEWAL GRANTS.—Subject to sub-19
paragraph (F), the Administrator may award a 20
renewal grant to a grant recipient under this 21
paragraph for each of the fiscal years of the 4- 22
fiscal-year period following the fiscal year for 23
which the initial additional grant under sub-24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
136
•HR 5925 IH
paragraph (A) is awarded in an amount not to 1
exceed amounts as follows: 2
‘‘(i) For the first and second fiscal 3
years of that 4-fiscal-year period, the 4
amount equal to 80 percent of the non- 5
Federal funds, including in-kind contribu-6
tions, raised by the coalition for the appli-7
cable fiscal year. 8
‘‘(ii) For the third and fourth fiscal 9
years of that 4-fiscal-year period, the 10
amount equal to 67 percent of the non- 11
Federal funds, including in-kind contribu-12
tions, raised by the coalition for the appli-13
cable fiscal year. 14
‘‘(E) SUSPENSION.—If a grant recipient 15
under this paragraph fails to continue to meet 16
the criteria specified in subsection (a), the Ad-17
ministrator may suspend the grant, after pro-18
viding written notice to the grant recipient and 19
an opportunity to appeal. 20
‘‘(F) LIMITATION.—The amount of a grant 21
award under this paragraph may not exceed 22
$125,000 for a fiscal year. 23
‘‘(4) PROCESS FOR SUSPENSION.—A grantee 24
shall not be suspended or terminated under para-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
137
•HR 5925 IH
graph (1)(A)(ii), (2)(A)(iii), or (3)(C) unless that 1
grantee is afforded a fair, timely, and independent 2
appeal prior to such suspension or termination. 3
‘‘(c) TREATMENT OF FUNDS FOR COALITIONS REP-4
RESENTING CERTAIN ORGANIZATIONS.—Funds appro-5
priated for the substance use and misuse activities of a 6
coalition that includes a representative of the Bureau of 7
Indian Affairs, the Indian Health Service, or a tribal gov-8
ernment agency with expertise in the field of substance 9
use prevention may be counted as non-Federal funds 10
raised by the coalition for purposes of this section. 11
‘‘(d) PRIORITY IN AWARDING GRANTS.—In awarding 12
grants under subsection (b)(1)(A)(i), priority shall be 13
given to a coalition serving economically disadvantaged 14
areas. 15
‘‘§ 1033. Information collection and dissemination 16
with respect to grant recipients 17
‘‘(a) COALITION INFORMATION.— 18
‘‘(1) GENERAL AUDITING AUTHORITY.—For the 19
purpose of audit and examination, the Adminis-20
trator— 21
‘‘(A) shall have access to any books, docu-22
ments, papers, and records that are pertinent to 23
any grant or grant renewal request under this 24
chapter; and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
138
•HR 5925 IH
‘‘(B) may periodically request information 1
from a grant recipient to ensure that the grant 2
recipient meets the applicable criteria under 3
section 1032(a). 4
‘‘(2) APPLICATION PROCESS.—The Adminis-5
trator shall issue a request for proposal regarding, 6
with respect to the grants awarded under section 7
1032, the application process, grant renewal, and 8
suspension or withholding of renewal grants. Each 9
application under this paragraph shall be in writing 10
and shall be subject to review by the Administrator. 11
‘‘(3) REPORTING.—The Administrator shall, to 12
the maximum extent practicable and in a manner 13
consistent with applicable law, minimize reporting 14
requirements by a grant recipient and expedite any 15
application for a renewal grant made under this sub-16
chapter. 17
‘‘(b) DATA COLLECTION AND DISSEMINATION.— 18
‘‘(1) IN GENERAL.—The Administrator may 19
collect data from— 20
‘‘(A) national substance use and misuse or-21
ganizations that work with eligible coalitions, 22
community anti-drug coalitions, departments or 23
agencies of the Federal Government, or State 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
139
•HR 5925 IH
or local governments and the governing bodies 1
of Indian tribes; and 2
‘‘(B) any other entity or organization that 3
carries out activities that relate to the purposes 4
of the Program. 5
‘‘(2) ACTIVITIES OF ADMINISTRATOR.—The Ad-6
ministrator may— 7
‘‘(A) evaluate the utility of specific initia-8
tives relating to the purposes of the Program; 9
‘‘(B) conduct an evaluation of the Pro-10
gram; and 11
‘‘(C) disseminate information described in 12
this subsection to— 13
‘‘(i) eligible coalitions and other sub-14
stance use prevention organizations; and 15
‘‘(ii) the general public. 16
‘‘(3) CONSULTATION.—The Administrator shall 17
carry out activities under this subsection in consulta-18
tion with the National Community Antidrug Coali-19
tion Institute. 20
‘‘(4) LIMITATION ON USE OF CERTAIN FUNDS 21
FOR EVALUATION OF PROGRAM.—Amounts for ac-22
tivities under paragraph (2)(B) may not be derived 23
from amounts under section 1038(a) except for 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
140
•HR 5925 IH
amounts that are available under section 1038(b) for 1
administrative costs. 2
‘‘§ 1034. Technical assistance and training 3
‘‘(a) IN GENERAL.— 4
‘‘(1) TECHNICAL ASSISTANCE AND AGREE-5
MENTS.—With respect to any grant recipient or 6
other organization, the Administrator may— 7
‘‘(A) offer technical assistance and train-8
ing; and 9
‘‘(B) enter into contracts and cooperative 10
agreements. 11
‘‘(2) COORDINATION OF PROGRAMS.—The Ad-12
ministrator may facilitate the coordination of pro-13
grams between a grant recipient and other organiza-14
tions and entities. 15
‘‘(b) TRAINING.—The Administrator may provide 16
training to any representative designated by a grant re-17
cipient in— 18
‘‘(1) coalition building; 19
‘‘(2) task force development; 20
‘‘(3) mediation and facilitation, direct service, 21
assessment and evaluation; or 22
‘‘(4) any other activity related to the purposes 23
of the Program. 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
141
•HR 5925 IH
‘‘§ 1035. Supplemental grants for coalition mentoring 1
activities 2
‘‘(a) AUTHORITY TO MAKE GRANTS.—As part of the 3
program established under section 1031, the Director may 4
award an initial grant under this subsection, and renewal 5
grants under subsection (f), to any coalition awarded a 6
grant under section 1032 that meets the criteria specified 7
in subsection (d) in order to fund coalition mentoring ac-8
tivities by such coalition in support of the program. 9
‘‘(b) TREATMENT WITH OTHER GRANTS.— 10
‘‘(1) SUPPLEMENT.—A grant awarded to a coa-11
lition under this section is in addition to any grant 12
awarded to the coalition under section 1032. 13
‘‘(2) REQUIREMENT FOR BASIC GRANT.—A coa-14
lition may not be awarded a grant under this section 15
for a fiscal year unless the coalition was awarded a 16
grant or renewal grant under section 1032(b) for 17
that fiscal year. 18
‘‘(c) APPLICATION.—A coalition seeking a grant 19
under this section shall submit to the Administrator an 20
application for the grant in such form and manner as the 21
Administrator may require. 22
‘‘(d) CRITERIA.—A coalition meets the criteria speci-23
fied in this subsection if the coalition— 24
‘‘(1) has been in existence for at least 5 years; 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
142
•HR 5925 IH
‘‘(2) has achieved, by or through its own ef-1
forts, measurable results in the prevention and treat-2
ment of substance use and misuse among youth; 3
‘‘(3) has staff or members willing to serve as 4
mentors for persons seeking to start or expand the 5
activities of other coalitions in the prevention and 6
treatment of substance use and misuse; 7
‘‘(4) has demonstrable support from some mem-8
bers of the community in which the coalition men-9
toring activities to be supported by the grant under 10
this section are to be carried out; and 11
‘‘(5) submits to the Administrator a detailed 12
plan for the coalition mentoring activities to be sup-13
ported by the grant under this section. 14
‘‘(e) USE OF GRANT FUNDS.—A coalition awarded 15
a grant under this section shall use the grant amount for 16
mentoring activities to support and encourage the develop-17
ment of new, self-supporting community coalitions that 18
are focused on the prevention and treatment of substance 19
use and misuse in such new coalitions’ communities. The 20
mentoring coalition shall encourage such development in 21
accordance with the plan submitted by the mentoring coa-22
lition under subsection (d)(5). 23
‘‘(f) RENEWAL GRANTS.—The Administrator may 24
make a renewal grant to any coalition awarded a grant 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
143
•HR 5925 IH
under subsection (a), or a previous renewal grant under 1
this subsection, if the coalition, at the time of application 2
for such renewal grant— 3
‘‘(1) continues to meet the criteria specified in 4
subsection (d); and 5
‘‘(2) has made demonstrable progress in the de-6
velopment of one or more new, self-supporting com-7
munity coalitions that are focused on the prevention 8
and treatment of substance use and misuse. 9
‘‘(g) GRANT AMOUNTS.— 10
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 11
and (3), the total amount of grants awarded to a co-12
alition under this section for a fiscal year may not 13
exceed the amount of non-Federal funds raised by 14
the coalition, including in-kind contributions, for 15
that fiscal year. Funds appropriated for the sub-16
stance use and misuse activities of a coalition that 17
includes a representative of the Bureau of Indian 18
Affairs, the Indian Health Service, or a tribal gov-19
ernment agency with expertise in the field of sub-20
stance use prevention may be counted as non-Fed-21
eral funds raised by the coalition. 22
‘‘(2) INITIAL GRANTS.—The amount of the ini-23
tial grant awarded to a coalition under subsection 24
(a) may not exceed $75,000. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
144
•HR 5925 IH
‘‘(3) RENEWAL GRANTS.—The total amount of 1
renewal grants awarded to a coalition under sub-2
section (f) for any fiscal year may not exceed 3
$75,000. 4
‘‘(h) FISCAL YEAR LIMITATION ON AMOUNT AVAIL-5
ABLE FOR GRANTS.—The total amount available for 6
grants under this section, including renewal grants under 7
subsection (f), in any fiscal year may not exceed the 8
amount equal to five percent of the amount authorized to 9
be appropriated by section 1038 for that fiscal year. 10
‘‘(i) PRIORITY IN AWARDING INITIAL GRANTS.—In 11
awarding initial grants under this section, priority shall 12
be given to a coalition that expressly proposes to provide 13
mentorship to a coalition or aspiring coalition serving eco-14
nomically disadvantaged areas. 15
‘‘§ 1036. Authorization for National Community Anti-16
drug Coalition Institute 17
‘‘(a) IN GENERAL.—The Director shall, using 18
amounts authorized to be appropriated by subsection (d), 19
make a competitive grant to provide for the continuation 20
of the National Community Anti-drug Coalition Institute. 21
‘‘(b) ELIGIBLE ORGANIZATIONS.—An organization 22
eligible for the grant under subsection (a) is any national 23
nonprofit organization that represents, provides technical 24
assistance and training to, and has special expertise and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
145
•HR 5925 IH
broad, national-level experience in community antidrug 1
coalitions under this subchapter. 2
‘‘(c) USE OF GRANT AMOUNT.—The organization 3
that receives the grant under subsection (a) shall continue 4
a National Community Anti-Drug Coalition Institute to— 5
‘‘(1) provide education, training, and technical 6
assistance for coalition leaders and community 7
teams, with emphasis on the development of coali-8
tions serving economically disadvantaged areas; 9
‘‘(2) develop and disseminate evaluation tools, 10
mechanisms, and measures to better assess and doc-11
ument coalition performance measures and out-12
comes; and 13
‘‘(3) bridge the gap between research and prac-14
tice by translating knowledge from research into 15
practical information. 16
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—The 17
Director shall, using amounts authorized to be appro-18
priated by section 1038, make a grant of $2,000,000 19
under subsection (a), for each of the fiscal years 2019 20
through 2023. 21
‘‘§ 1037. Definitions 22
‘‘In this subchapter: 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
146
•HR 5925 IH
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-1
trator’ means the Administrator appointed by the 2
Director under section 1031(c). 3
‘‘(2) COMMUNITY.—The term ‘community’ shall 4
have the meaning provided that term by the Admin-5
istrator. 6
‘‘(3) ELIGIBLE COALITION.—The term ‘eligible 7
coalition’ means a coalition that meets the applicable 8
criteria under section 1032(a). 9
‘‘(4) GRANT RECIPIENT.—The term ‘grant re-10
cipient’ means the recipient of a grant award under 11
section 1032. 12
‘‘(5) PROGRAM.—The term ‘Program’ means 13
the program established under section 1031(a). 14
‘‘(6) SUBSTANCE USE AND MISUSE.—The term 15
‘substance use and misuse’ means— 16
‘‘(A) the illegal use or misuse of drugs, in-17
cluding substances for which a listing is in ef-18
fect under any of schedules I through V under 19
section 202 of the Controlled Substances Act 20
(21 U.S.C. 812); 21
‘‘(B) the misuse of inhalants or over the 22
counter drugs; or 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
147
•HR 5925 IH
‘‘(C) the use of alcohol, tobacco, or other 1
related product as such use is prohibited by 2
State or local law. 3
‘‘(7) YOUTH.—The term ‘youth’ shall have the 4
meaning provided that term by the Administrator. 5
‘‘§ 1038. Drug–free communities reauthorization 6
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 7
are authorized to be appropriated to the Office to carry 8
out this subchapter $99,000,000 for fiscal year 2019 9
through 2023. 10
‘‘(b) ADMINISTRATIVE COSTS.—Not more than 8 11
percent of the funds appropriated for this subchapter may 12
be used by the Office or, in the discretion of the Director, 13
an agency delegated to carry out the program under sec-14
tion 1031(d) to pay for administrative costs associated 15
with carrying out the program.’’. 16
SEC. 3. REPEALS. 17
The following provisions are repealed: 18
(1) Section 203 of the Office of National Drug 19
Control Policy Reauthorization Act of 2006 (Public 20
Law 109–469; 21 U.S.C. 1708a). 21
(2) Title VIII of the Office of National Drug 22
Control Policy Reauthorization Act of 2006 (Public 23
Law 109–469). 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
148
•HR 5925 IH
(3) Section 1105 of the Office of National Drug 1
Control Policy Reauthorization Act of 2006 (Public 2
Law 109–469; 21 U.S.C. 1701 note). 3
(4) Section 1110 of Office of National Drug 4
Control Policy Reauthorization Act of 2006 (Public 5
Law 109–469; 21 U.S.C. 1705 note). 6
(5) Section 1110A of the Office of National 7
Drug Control Policy Reauthorization Act of 2006 8
(Public Law 109–469; 21 U.S.C. 1705 note). 9
(6) Section 4 of Public Law 107–82 (21 U.S.C. 10
1521 note). 11
SEC. 4. OPIOID CRISIS RESPONSE. 12
(a) EMERGING THREAT DESIGNATION.—The Direc-13
tor shall designate opioids and opioid analogues as emerg-14
ing threats, in accordance with section 1009 of title 31, 15
United States Code, as added by section 2(b). 16
(b) OPIOID RESPONSE PLAN.— 17
(1) ISSUANCE.—Not later than 60 days after 18
the date of the enactment of this Act, the Director 19
shall publish, make publicly available, and notify the 20
President and the appropriate congressional commit-21
tees of, the plan required under section 1009 of title 22
31, United States Code, as added by section 2(b), to 23
be designated as the ‘‘National Opioid Crisis Re-24
sponse Plan’’. 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
149
•HR 5925 IH
(2) CONTENTS.—The Director shall ensure the 1
plan establishes measurable goals, including reduc-2
ing fatal and non-fatal overdoses, and includes the 3
following: 4
(A) Initiatives to ensure the United States 5
mail is effectively screened to prevent illicit 6
drugs from entering the United States, includ-7
ing— 8
(i) designating the United States 9
Postal Service as a National Drug Control 10
Program Agency; 11
(ii) directing the United States Postal 12
Service and any other related National 13
Drug Control Program Agency to take any 14
appropriate actions necessary to reduce the 15
amount of illicit drugs entering the coun-16
try; and 17
(iii) developing an international co-18
ordination plan, in accordance with section 19
1010 of such title 31, United States Code, 20
as added by section 2(b)), to include ef-21
forts to address international drug control 22
initiatives and strengthen bilateral and 23
multilateral strategies to reduce illicit 24
drugs and precursor chemicals from enter-25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
150
•HR 5925 IH
ing the United States through inter-1
national mail or across land borders or 2
ports of entry. 3
(B) Support for universal adoption of evi-4
dence-based prescribing guidelines, including— 5
(i) establishing a task force to supple-6
ment existing prescribing guidelines with 7
evidence-based standards and to facilitate, 8
coordinate, and, as appropriate, conduct 9
research to inform such guidelines; 10
(ii) encouraging the adoption of evi-11
dence-based prescribing guidelines by each 12
relevant agency, State and local govern-13
ments, and private sector organizations; 14
(iii) issuing guidance to National 15
Drug Control Program Agencies to, as ap-16
propriate, revise regulations to ensure pro-17
fessionals have effective continuing edu-18
cation requirements; and 19
(iv) disseminating and encouraging 20
the adoption of best practices and evi-21
dence-based guidelines for effective pre-22
scribing practices. 23
(C) A program to monitor the prescription 24
drug market and illicit drug market for changes 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
151
•HR 5925 IH
in trends relevant to reducing the supply or de-1
mand of such drugs. 2
(D) An initiative to facilitate and coordi-3
nate Federal, State and local government initia-4
tives, studies, and pilot or demonstration pro-5
grams designed to evaluate the benefits of drug 6
courts and related programs that reduce sub-7
stance use prevalence. 8
(E) Programs, developed in coordination 9
with the private sector, to— 10
(i) facilitate the development of treat-11
ment and deterrent products, in accord-12
ance with section 1010(c) of title 31, 13
United States Code, as added by section 14
2(b); and 15
(ii) encourage the expansion of medi-16
cation disposal programs and technology. 17
(F) Initiatives to encourage the National 18
Drug Control Program Agencies and the pro-19
gram established under section 1010(d) of title 20
31, United States Code, as added by section 21
2(b)— 22
(i) to prioritize the development of 23
sentencing standards or model codes for 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
152
•HR 5925 IH
trafficking opioids and opioid analogues; 1
and 2
(ii) to advise States on establishing 3
laws and policies to address opioid issues 4
based on the recommendations developed 5
and set forth by the President’s Commis-6
sion on Combating Drug Addiction and the 7
Opioid Crisis. 8
(G) Working groups, established in accord-9
ance with section 1010 of title 31, United 10
States Code, as added by section 2(b), to de-11
velop standards, and encourage the use of such 12
standards, for the collection of data necessary 13
to understand and monitor the opioid crisis, in-14
cluding— 15
(i) State medical examiner reports on 16
deaths caused by overdoses and related 17
statistical data; and 18
(ii) first responder opioid intoxication 19
incidents. 20
(H) A program to identify successful col-21
lege recovery programs, including sober housing 22
programs that provide a shared living residence 23
free of alcohol or illicit drug use for individuals 24
recovering from drug or alcohol addiction and 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
153
•HR 5925 IH
substance use disorders, on college campuses 1
and disseminate best practices to Colleges and 2
Universities to increase the number and capac-3
ity of such programs. 4
(I) Convening working groups, consisting 5
of the appropriate National Drug Control Pro-6
gram Agencies, State, local and Tribal govern-7
ments, and other appropriate stakeholders, es-8
tablished in accordance with section 1010 of 9
title 31, United States Code— 10
(i) to support Prescription Drug Mon-11
itoring Programs by— 12
(I) facilitating the sharing of pro-13
gram data among States and Federal 14
prescription drug monitoring pro-15
grams to ensure interoperability of 16
such programs; 17
(II) assisting States in increasing 18
utilization of such programs; 19
(III) facilitating efforts to incor-20
porate available overdose and 21
naloxone deployment data into such 22
programs; 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
154
•HR 5925 IH
(IV) evaluating barriers to inte-1
grating program data with electronic 2
health records; and 3
(V) offering recommendations to 4
address identified barriers; and 5
(ii) to develop standards, and encour-6
age the use of such standards, for the col-7
lection of data necessary to understand 8
and monitor the opioid crisis, including— 9
(I) State medical examiner re-10
ports on deaths caused by overdoses 11
and related statistical data; and 12
(II) first responder opioid intoxi-13
cation incidents. 14
(J) Research initiatives, to be initiated not 15
later than 30 days after the issuance of the 16
plan, to evaluate the uses and barriers to use 17
of and the effects of improving the following 18
programs: 19
(i) Medication Assisted Treatment. 20
(ii) Data collection systems used to 21
confirm opioid use by individuals who have 22
been arrested or hospitalized. 23
(c) RECOMMENDATIONS.—Not later than 1 year after 24
the date of the enactment of this Act, the Director shall 25
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
155
•HR 5925 IH
submit to Congress a report on the results of the initia-1
tives conducted under subsection (b)(2)(K) and rec-2
ommendations based on such results. 3
SEC. 5. EXCEPTIONS AND RULES OF CONSTRUCTION. 4
(a) RULES OF CONSTRUCTION.—Nothing in this Act, 5
or the amendments made by this act shall be construed 6
as derogating the authorities and responsibilities of the 7
Director of National Intelligence or the Director of the 8
Central Intelligence Agency contained in the National Se-9
curity Act of 1947 (50 U.S.C. 401 et seq.), the Central 10
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), 11
or any other law. 12
(b) INAPPLICABILITY TO CERTAIN PROGRAMS.—This 13
Act, and the amendments made by this Act, shall not 14
apply to the National Intelligence Program and the Mili-15
tary Intelligence Program, unless such program or an ele-16
ment of such program is designated as a National Drug 17
Control Program— 18
(1) by the President; or 19
(2) jointly by— 20
(A) in the case of the National Intelligence 21
Program, the Director and the Director of Na-22
tional Intelligence; or 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
156
•HR 5925 IH
(B) in the case of the Military Intelligence 1
Program, the Director, the Director of National 2
Intelligence, and the Secretary of Defense. 3
(c) CLASSIFIED INFORMATION.—Any contents of any 4
report required under this Act or the amendments made 5
by this Act that involve information properly classified 6
under criteria established by an Executive order shall be 7
presented to Congress separately from the rest of such re-8
port. 9
SEC. 6. GAO STUDY AND REPORTS. 10
(a) REPORTS.— 11
(1) INITIAL.—Not later than 3 years after the 12
date of the enactment of this Act, the Comptroller 13
General shall provide an initial report to the appro-14
priate Congressional Committees. 15
(2) FINAL.—Not later than 6 years after the 16
date of the enactment of this Act, the Comptroller 17
General shall provide a final report to the appro-18
priate Congressional Committees. 19
(b) CONTENTS OF REPORT.—The reports described 20
in subsection (a) shall include the following: 21
(1) A review of the implementation of the edu-22
cation and outreach campaign for emerging threats, 23
including— 24
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
157
•HR 5925 IH
(A) whether the objectives of the campaign 1
and the media campaign have been met during 2
the relevant period; and 3
(B) whether the Office took steps to en-4
sure that the campaign operated in an efficient 5
and effective manner consistent with the overall 6
strategy and focus of the campaign. 7
(2) A review of the adherence to policies and 8
practices implemented to ensure that Federal funds 9
were used responsibly to purchase advertising time 10
and space and eliminate the potential for waste, 11
fraud and abuse. 12
(3) An evaluation of the most recent, applicable 13
National Drug Control Strategy, including whether 14
the National Drug Control Strategy met the require-15
ments of section 1005 of title 31, United States 16
Code, as added by section 2(b). 17
(4) An evaluation of whether the required an-18
nual assessments prepared by the Office met the re-19
quirements of section 1006 of title 31, United States 20
Code, as added by section 2(b). 21
(5) Such other matters as the Comptroller Gen-22
eral determines to be appropriate. 23
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS
158
•HR 5925 IH
SEC. 7. DEFINITIONS. 1
In this Act, the terms ‘‘appropriate congressional 2
committees’’, ‘‘Director’’, ‘‘drug’’, ‘‘illicit drug use’’, ‘‘il-3
licit drugs’’, and ‘‘National Drug Control Program Agen-4
cies’’ have the meaning given those terms in section 1001 5
of title 31, United States Code. 6
Æ
VerDate Sep 11 2014 22:44 May 24, 2018 Jkt 079200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6301 E:\BILLS\H5925.IH H5925pbin
ns o
n D
SK
79D
2C42
PR
OD
with
BIL
LS