SEC. 8001. Short Title.
This subtitle may be cited as the “Synthetics Trafficking and Overdose Prevention Act of 2018” or “STOP Act of 2018”.
Title VIII — Miscellaneous
TITLE VIII Miscellaneous
Subtitle A Synthetics Trafficking and Overdose Prevention
SEC. 8002. Customs Fees.
In General.— Section 13031(b)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(b)(9)) is amended by adding at the end the following:
“(D)
(i) With respect to the processing of items that are sent to the United States through the international postal network by ‘Inbound Express Mail service’ or ‘Inbound EMS’ (as that service is described in the mail classification schedule referred to in section 3631 of title 39, United States Code), the following payments are required:
“(I) $1 per Inbound EMS item.
“(II) If an Inbound EMS item is formally entered, the fee provided for under subsection (a)(9), if applicable.
“(ii) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the payments required by clause (i), as allocated pursuant to clause (iii)(I), shall be the only payments required for reimbursement of U.S. Customs and Border Protection for customs services provided in connection with the processing of an Inbound EMS item.
“(iii)
(I) The payments required by clause (i)(I) shall be allocated as follows:
“(aa) 50 percent of the amount of the payments shall be paid on a quarterly basis by the United States Postal Service to the Commissioner of U.S. Customs and Border Protection in accordance with regulations prescribed by the Secretary of the Treasury to reimburse U.S. Customs and Border Protection for customs services provided in connection with the processing of Inbound EMS items.
“(bb) 50 percent of the amount of the payments shall be retained by the Postal Service to reimburse the Postal Service for services provided in connection with the customs processing of Inbound EMS items.
“(II) Payments received by U.S. Customs and Border Protection under subclause (I)(aa) shall, in accordance with section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), be deposited in the Customs User Fee Account and used to directly reimburse each appropriation for the amount paid out of that appropriation for the costs incurred in providing services to international mail facilities. Amounts deposited in accordance with the preceding sentence shall be available until expended for the provision of such services.
“(III) Payments retained by the Postal Service under subclause (I)(bb) shall be used to directly reimburse the Postal Service for the costs incurred in providing services in connection with the customs processing of Inbound EMS items.
“(iv) Beginning in fiscal year 2021, the Secretary, in consultation with the Postmaster General, may adjust, not more frequently than once each fiscal year, the amount described in clause (i)(I) to an amount commensurate with the costs of services provided in connection with the customs processing of Inbound EMS items, consistent with the obligations of the United States under international agreements.”
Conforming Amendments.— Section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) is amended—
in paragraph (6), by inserting “ (other than an item subject to a fee under subsection (b)(9)(D))” after “ customs officer”; and
in paragraph (10)—
in subparagraph (C), in the matter preceding clause (i), by inserting “ (other than Inbound EMS items described in subsection (b)(9)(D))” after “ release”; and
in the flush at the end, by inserting “ or of Inbound EMS items described in subsection (b)(9)(D),” after “ (C),”.
Effective Date.— The amendments made by this section shall take effect on January 1, 2020.
SEC. 8003. Mandatory Advance Electronic Information for Postal Shipments.
Mandatory Advance Electronic Information.—
In general.— Section 343(a)(3)(K) of the Trade Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 note) is amended to read as follows:
“(K)
(i) The Secretary shall prescribe regulations requiring the United States Postal Service to transmit the information described in paragraphs (1) and (2) to the Commissioner of U.S. Customs and Border Protection for international mail shipments by the Postal Service (including shipments to the Postal Service from foreign postal operators that are transported by private carrier) consistent with the requirements of this subparagraph.
“(ii) In prescribing regulations under clause (i), the Secretary shall impose requirements for the transmission to the Commissioner of information described in paragraphs (1) and (2) for mail shipments described in clause (i) that are comparable to the requirements for the transmission of such information imposed on similar non-mail shipments of cargo, taking into account the parameters set forth in subparagraphs (A) through (J).
“(iii) The regulations prescribed under clause (i) shall require the transmission of the information described in paragraphs (1) and (2) with respect to a shipment as soon as practicable in relation to the transportation of the shipment, consistent with subparagraph (H).
“(iv) Regulations prescribed under clause (i) shall allow for the requirements for the transmission to the Commissioner of information described in paragraphs (1) and (2) for mail shipments described in clause (i) to be implemented in phases, as appropriate, by—
“(I) setting incremental targets for increasing the percentage of such shipments for which information is required to be transmitted to the Commissioner; and
“(II) taking into consideration—
“(aa) the risk posed by such shipments;
“(bb) the volume of mail shipped to the United States by or through a particular country; and
“(cc) the capacities of foreign postal operators to provide that information to the Postal Service.
“(v)
(I) Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2018, arrange for the transmission to the Commissioner of the information described in paragraphs (1) and (2) for not less than 70 percent of the aggregate number of mail shipments, including 100 percent of mail shipments from the People’s Republic of China, described in clause (i).
“(II) If the requirements of subclause (I) are not met, the Comptroller General of the United States shall submit to the appropriate congressional committees, not later than June 30, 2019, a report—
“(aa) assessing the reasons for the failure to meet those requirements; and
“(bb) identifying recommendations to improve the collection by the Postal Service of the information described in paragraphs (1) and (2).
“(vi)
(I) Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2020, arrange for the transmission to the Commissioner of the information described in paragraphs (1) and (2) for 100 percent of the aggregate number of mail shipments described in clause (i).
“(II) The Commissioner, in consultation with the Postmaster General, may determine to exclude a country from the requirement described in subclause (I) to transmit information for mail shipments described in clause (i) from the country if the Commissioner determines that the country—
“(aa) does not have the capacity to collect and transmit such information;
“(bb) represents a low risk for mail shipments that violate relevant United States laws and regulations; and
“(cc) accounts for low volumes of mail shipments that can be effectively screened for compliance with relevant United States laws and regulations through an alternate means.
“(III) The Commissioner shall, at a minimum on an annual basis, re-evaluate any determination made under subclause (II) to exclude a country from the requirement described in subclause (I). If, at any time, the Commissioner determines that a country no longer meets the requirements under subclause (II), the Commissioner may not further exclude the country from the requirement described in subclause (I).
“(IV) The Commissioner shall, on an annual basis, submit to the appropriate congressional committees—
“(aa) a list of countries with respect to which the Commissioner has made a determination under subclause (II) to exclude the countries from the requirement described in subclause (I); and
“(bb) information used to support such determination with respect to such countries.
“(vii)
(I) The Postmaster General shall, in consultation with the Commissioner, refuse any shipments received after December 31, 2020, for which the information described in paragraphs (1) and (2) is not transmitted as required under this subparagraph, except as provided in subclause (II).
“(II) If remedial action is warranted in lieu of refusal of shipments pursuant to subclause (I), the Postmaster General and the Commissioner shall take remedial action with respect to the shipments, including destruction, seizure, controlled delivery or other law enforcement initiatives, or correction of the failure to provide the information described in paragraphs (1) and (2) with respect to the shipments.
“(viii) Nothing in this subparagraph shall be construed to limit the authority of the Secretary to obtain information relating to international mail shipments from private carriers or other appropriate parties.
“(ix) In this subparagraph, the term ‘appropriate congressional committees’ means—
“(I) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(II) the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.”
Joint strategic plan on mandatory advance information.— Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Postmaster General shall develop and submit to the appropriate congressional committees a joint strategic plan detailing specific performance measures for achieving—
the transmission of information as required by section 343(a)(3)(K) of the Trade Act of 2002, as amended by paragraph (1); and
the presentation by the Postal Service to U.S. Customs and Border Protection of all mail targeted by U.S. Customs and Border Protection for inspection.
Capacity Building.—
In general.— Section 343(a) of the Trade Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 note) is amended by adding at the end the following:
“(5) Capacity building.—
“(A) In general.—The Secretary, with the concurrence of the Secretary of State, and in coordination with the Postmaster General and the heads of other Federal agencies, as appropriate, may provide technical assistance, equipment, technology, and training to enhance the capacity of foreign postal operators—
“(i) to gather and provide the information required by paragraph (3)(K); and
“(ii) to otherwise gather and provide postal shipment information related to—
“(I) terrorism;
“(II) items the importation or introduction of which into the United States is prohibited or restricted, including controlled substances; and
“(III) such other concerns as the Secretary determines appropriate.
“(B) Provision of equipment and technology.—With respect to the provision of equipment and technology under subparagraph (A), the Secretary may lease, loan, provide, or otherwise assist in the deployment of such equipment and technology under such terms and conditions as the Secretary may prescribe, including nonreimbursable loans or the transfer of ownership of equipment and technology.”
Joint strategic plan on capacity building.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security and the Postmaster General shall, in consultation with the Secretary of State, jointly develop and submit to the appropriate congressional committees a joint strategic plan—
detailing the extent to which U.S. Customs and Border Protection and the United States Postal Service are engaged in capacity building efforts under section 343(a)(5) of the Trade Act of 2002, as added by paragraph (1);
describing plans for future capacity building efforts; and
assessing how capacity building has increased the ability of U.S. Customs and Border Protection and the Postal Service to advance the goals of this subtitle and the amendments made by this subtitle.
Report and Consultations by Secretary of Homeland Security and Postmaster General.—
Report.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter until 3 years after the Postmaster General has met the requirement under clause (vi) of subparagraph (K) of section 343(a)(3) of the Trade Act of 2002, as amended by subsection (a)(1), the Secretary of Homeland Security and the Postmaster General shall, in consultation with the Secretary of State, jointly submit to the appropriate congressional committees a report on compliance with that subparagraph that includes the following:
An assessment of the status of the regulations required to be promulgated under that subparagraph.
An update regarding new and existing agreements reached with foreign postal operators for the transmission of the information required by that subparagraph.
A summary of deliberations between the United States Postal Service and foreign postal operators with respect to issues relating to the transmission of that information.
A summary of the progress made in achieving the transmission of that information for the percentage of shipments required by that subparagraph.
An assessment of the quality of that information being received by foreign postal operators, as determined by the Secretary of Homeland Security, and actions taken to improve the quality of that information.
A summary of policies established by the Universal Postal Union that may affect the ability of the Postmaster General to obtain the transmission of that information.
A summary of the use of technology to detect illicit synthetic opioids and other illegal substances in international mail parcels and planned acquisitions and advancements in such technology.
Such other information as the Secretary of Homeland Security and the Postmaster General consider appropriate with respect to obtaining the transmission of information required by that subparagraph.
Consultations.— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the Postmaster General has met the requirement under clause (vi) of section 343(a)(3)(K) of the Trade Act of 2002, as amended by subsection (a)(1), to arrange for the transmission of information with respect to 100 percent of the aggregate number of mail shipments described in clause (i) of that section, the Secretary of Homeland Security and the Postmaster General shall provide briefings to the appropriate congressional committees on the progress made in achieving the transmission of that information for that percentage of shipments.
Government Accountability Office Report.— Not later than June 30, 2019, the Comptroller General of the United States shall submit to the appropriate congressional committees a report—
assessing the progress of the United States Postal Service in achieving the transmission of the information required by subparagraph (K) of section 343(a)(3) of the Trade Act of 2002, as amended by subsection (a)(1), for the percentage of shipments required by that subparagraph;
assessing the quality of the information received from foreign postal operators for targeting purposes;
assessing the specific percentage of targeted mail presented by the Postal Service to U.S. Customs and Border Protection for inspection;
describing the costs of collecting the information required by such subparagraph (K) from foreign postal operators and the costs of implementing the use of that information;
assessing the benefits of receiving that information with respect to international mail shipments;
assessing the feasibility of assessing a customs fee under section 13031(b)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended by section 8002, on international mail shipments other than Inbound Express Mail service in a manner consistent with the obligations of the United States under international agreements; and
identifying recommendations, including recommendations for legislation, to improve the compliance of the Postal Service with such subparagraph (K), including an assessment of whether the detection of illicit synthetic opioids in the international mail would be improved by—
requiring the Postal Service to serve as the consignee for international mail shipments containing goods; or
designating a customs broker to act as an importer of record for international mail shipments containing goods.
Technical Correction.— Section 343 of the Trade Act of 2002 (Public Law 107–210; 19 U.S.C. 2071 note) is amended in the section heading by striking “ advanced” and inserting “ advance”.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
SEC. 8004. International Postal Agreements.
Existing Agreements.—
In general.— In the event that any provision of this subtitle, or any amendment made by this subtitle, is determined to be in violation of obligations of the United States under any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, the Secretary of State should negotiate to amend the relevant provisions of the agreement so that the United States is no longer in violation of the agreement.
Rule of construction.— Nothing in this subsection shall be construed to permit delay in the implementation of this subtitle or any amendment made by this subtitle.
Future Agreements.—
Consultations.— Before entering into, on or after the date of the enactment of this Act, any postal treaty, convention, or other international agreement related to international postal services, or any amendment to such an agreement, that is related to the ability of the United States to secure the provision of advance electronic information by foreign postal operators, the Secretary of State should consult with the appropriate congressional committees (as defined in section 8003(f)).
Expedited negotiation of new agreement.— To the extent that any new postal treaty, convention, or other international agreement related to international postal services would improve the ability of the United States to secure the provision of advance electronic information by foreign postal operators as required by regulations prescribed under section 343(a)(3)(K) of the Trade Act of 2002, as amended by section 8003(a)(1), the Secretary of State should expeditiously conclude such an agreement.
SEC. 8005. Cost Recoupment.
In General.— The United States Postal Service shall, to the extent practicable and otherwise recoverable by law, ensure that all costs associated with complying with this subtitle and amendments made by this subtitle are charged directly to foreign shippers or foreign postal operators.
Costs Not Considered Revenue.— The recovery of costs under subsection (a) shall not be deemed revenue for purposes of subchapter I and II of chapter 36 of title 39, United States Code, or regulations prescribed under that chapter.
SEC. 8006. Development of Technology to Detect Illicit Narcotics.
In General.— The Postmaster General and the Commissioner of U.S. Customs and Border Protection, in coordination with the heads of other agencies as appropriate, shall collaborate to identify and develop technology for the detection of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances entering the United States by mail.
Outreach to Private Sector.— The Postmaster General and the Commissioner shall conduct outreach to private sector entities to gather information regarding the current state of technology to identify areas for innovation relating to the detection of illicit fentanyl, other synthetic opioids, and other narcotics and psychoactive substances entering the United States.
SEC. 8007. Civil Penalties for Postal Shipments.
Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended by adding at the end the following new subsection:
“(e) Civil Penalties for Postal Shipments.—
“(1) Civil penalty.—A civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002.
“(2) Modification of civil penalty.—
“(A) In general.—U.S. Customs and Border Protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph (1) if U.S. Customs and Border Protection determines that the United States Postal Service—
“(i) has a low error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002;
“(ii) is cooperating with U.S. Customs and Border Protection with respect to the violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002; or
“(iii) has taken remedial action to prevent future violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002.
“(B) Written notification.—U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph (A) to reduce or dismiss a civil penalty imposed pursuant to paragraph (1).
“(3) Ongoing lack of compliance.—If U.S. Customs and Border Protection determines that the United States Postal Service—
“(A) has repeatedly committed violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002,
“(B) has failed to cooperate with U.S. Customs and Border Protection with respect to violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002, and
“(C) has an increasing error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002,
SEC. 8008. Report on Violations of Arrival, Reporting, Entry, and Clearance Requirements and Falsity or Lack of Manifest.
In General.— The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection (b) with respect to each violation of section 436 of the Tariff Act of 1930 (19 U.S.C. 1436), as amended by section 8007, and section 584 of such Act (19 U.S.C. 1584) that occurred during the previous year.
Information Described.— The information described in this subsection is the following:
The name and address of the violator.
The specific violation that was committed.
The location or port of entry through which the items were transported.
An inventory of the items seized, including a description of the items and the quantity seized.
The location from which the items originated.
The entity responsible for the apprehension or seizure, organized by location or port of entry.
The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry.
The amount of penalties that U.S. Customs and Border Protection could have levied, organized by name of the violator and location or port of entry.
The rationale for negotiating lower penalties, organized by name of the violator and location or port of entry.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—
the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
SEC. 8009. Effective Date; Regulations.
Effective Date.— This subtitle and the amendments made by this subtitle (other than the amendments made by section 8002) shall take effect on the date of the enactment of this Act.
Regulations.— Not later than 1 year after the date of the enactment of this Act, such regulations as are necessary to carry out this subtitle and the amendments made by this subtitle shall be prescribed.
Subtitle B Opioid Addiction Recovery Fraud Prevention
SEC. 8021. Short Title.
This subtitle may be cited as the “Opioid Addiction Recovery Fraud Prevention Act of 2018”.
SEC. 8022. Definitions.
For purposes of this subtitle only, and not be construed or applied as to challenge or affect the characterization, definition, or treatment under any other statute, regulation, or rule:
Substance use disorder treatment product.— The term “substance use disorder treatment product” means a product for use or marketed for use in the treatment, cure, or prevention of a substance use disorder, including an opioid use disorder.
Substance use disorder treatment service.— The term “substance use disorder treatment service” means a service that purports to provide referrals to treatment, treatment, or recovery housing for people diagnosed with, having, or purporting to have a substance use disorder, including an opioid use disorder.
SEC. 8023. Unfair or Deceptive Acts or Practices with Respect to Substance Use Disorder Treatment Service and Products.
Unlawful Activity.— It is unlawful to engage in an unfair or deceptive act or practice with respect to any substance use disorder treatment service or substance use disorder treatment product.
Enforcement by the Federal Trade Commission.—
Unfair or deceptive acts or practices.— A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
Powers of the federal trade commission.—
In general.— The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
Privileges and immunities.— Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated and made part of this section.
Authority Preserved.— Nothing in this subtitle shall be construed to limit the authority of the Federal Trade Commission or the Food and Drug Administration under any other provision of law.
Subtitle C Addressing Economic and Workforce Impacts of the Opioid Crisis
SEC. 8041. Addressing Economic and Workforce Impacts of the Opioid Crisis.
Definitions.— Except as otherwise expressly provided, in this section:
WIOA definitions.— The terms “core program”, “individual with a barrier to employment”, “local area”, “local board”, “one-stop operator”, “outlying area”, “State”, “State board”, and “supportive services” have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
Education provider.— The term “education provider” means—
an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or
a postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)).
Eligible entity.— The term “eligible entity” means—
a State workforce agency;
an outlying area; or
a Tribal entity.
Participating partnership.— The term “participating partnership” means a partnership—
evidenced by a written contract or agreement; and
including, as members of the partnership, a local board receiving a subgrant under subsection (d) and 1 or more of the following:
The eligible entity.
A treatment provider.
An employer or industry organization.
An education provider.
A legal service or law enforcement organization.
A faith-based or community-based organization.
Other State or local agencies, including counties or local governments.
Other organizations, as determined to be necessary by the local board.
Indian Tribes or tribal organizations.
Program participant.— The term “program participant” means an individual who—
is a member of a population of workers described in subsection (e)(2) that is served by a participating partnership through the pilot program under this section; and
enrolls with the applicable participating partnership to receive any of the services described in subsection (e)(3).
Provider of peer recovery support services.— The term “provider of peer recovery support services” means a provider that delivers peer recovery support services through an organization described in section 547(a) of the Public Health Service Act (42 U.S.C. 290ee–2(a)).
Secretary.— The term “Secretary” means the Secretary of Labor.
State workforce agency.— The term “State workforce agency” means the lead State agency with responsibility for the administration of a program under chapter 2 or 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3161 et seq., 3171 et seq.).
Substance use disorder.— The term “substance use disorder” has the meaning given such term by the Assistant Secretary for Mental Health and Substance Use.
Treatment provider.— The term “treatment provider”—
means a health care provider that—
offers services for treating substance use disorders and is licensed in accordance with applicable State law to provide such services; and
accepts health insurance for such services, including coverage under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and
may include—
a nonprofit provider of peer recovery support services;
a community health care provider;
a Federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x));
an Indian health program (as defined in section 3 of the Indian Health Care Improvement Act (25 U.S.C. 1603)), including an Indian health program that serves an urban center (as defined in such section); and
a Native Hawaiian health center (as defined in section 12 of the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11711)).
Tribal entity.— The term “Tribal entity” includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221).
Pilot Program and Grants Authorized.—
In general.— The Secretary, in consultation with the Secretary of Health and Human Services, shall carry out a pilot program to address economic and workforce impacts associated with a high rate of a substance use disorder. In carrying out the pilot program, the Secretary shall make grants, on a competitive basis, to eligible entities to enable such entities to make subgrants to local boards to address the economic and workforce impacts associated with a high rate of a substance use disorder.
Grant amounts.— The Secretary shall make each such grant in an amount that is not less than $500,000, and not more than $5,000,000, for a fiscal year.
Grant Applications.—
In general.— An eligible entity applying for a grant under this section shall submit an application to the Secretary at such time and in such form and manner as the Secretary may reasonably require, including the information described in this subsection.
Significant impact on community by opioid and substance use disorder-related problems.—
Demonstration.— An eligible entity shall include in the application—
information that demonstrates significant impact on the community by problems related to opioid abuse or another substance use disorder, by—
identifying the counties, communities, regions, or local areas that have been significantly impacted and will be served through the grant (each referred to in this section as a “service area”); and
demonstrating for each such service area, an increase equal to or greater than the national increase in such problems, between—
1999; and
2016 or the latest year for which data are available; and
a description of how the eligible entity will prioritize support for significantly impacted service areas described in clause (i)(I).
Information.— To meet the requirements described in subparagraph (A)(i)(II), the eligible entity may use information including data on—
the incidence or prevalence of opioid abuse and other substance use disorders;
the age-adjusted rate of drug overdose deaths, as determined by the Director of the Centers for Disease Control and Prevention;
the rate of non-fatal hospitalizations related to opioid abuse or other substance use disorders;
the number of arrests or convictions, or a relevant law enforcement statistic, that reasonably shows an increase in opioid abuse or another substance use disorder; or
in the case of an eligible entity described in subsection (a)(3)(C), other alternative relevant data as determined appropriate by the Secretary.
Support for state strategy.— The eligible entity may include in the application information describing how the proposed services and activities are aligned with the State, outlying area, or Tribal strategy, as applicable, for addressing problems described in subparagraph (A) in specific service areas or across the State, outlying area, or Tribal land.
Economic and employment conditions demonstrate additional federal support needed.—
Demonstration.— An eligible entity shall include in the application information that demonstrates that a high rate of a substance use disorder has caused, or is coincident to—
an economic or employment downturn in the service area; or
persistent economically depressed conditions in such service area.
Information.— To meet the requirements of subparagraph (A), an eligible entity may use information including—
documentation of any layoff, announced future layoff, legacy industry decline, decrease in an employment or labor market participation rate, or economic impact, whether or not the result described in this clause is overtly related to a high rate of a substance use disorder;
documentation showing decreased economic activity related to, caused by, or contributing to a high rate of a substance use disorder, including a description of how the service area has been impacted, or will be impacted, by such a decrease;
information on economic indicators, labor market analyses, information from public announcements, and demographic and industry data;
information on rapid response activities (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)) that have been or will be conducted, including demographic data gathered by employer or worker surveys or through other methods;
data or documentation, beyond anecdotal evidence, showing that employers face challenges filling job vacancies due to a lack of skilled workers able to pass a drug test; or
any additional relevant data or information on the economy, workforce, or another aspect of the service area to support the application.
Subgrant Authorization and Application Process.—
Subgrants authorized.—
In general.— An eligible entity receiving a grant under subsection (b)—
may use not more than 5 percent of the grant funds for the administrative costs of carrying out the grant;
in the case of an eligible entity described in subparagraph (A) or (B) of subsection (a)(3), shall use the remaining grant funds to make subgrants to local entities in the service area to carry out the services and activities described in subsection (e); and
in the case of an eligible entity described in subsection (a)(3)(C), shall use the remaining grant funds to carry out the services and activities described in subsection (e).
Equitable distribution.— In making subgrants under this subsection, an eligible entity shall ensure, to the extent practicable, the equitable distribution of subgrants, based on—
geography (such as urban and rural distribution); and
significantly impacted service areas as described in subsection (c)(2).
Timing of subgrant funds distribution.— An eligible entity making subgrants under this subsection shall disburse subgrant funds to a local board receiving a subgrant from the eligible entity by the later of—
the date that is 90 days after the date on which the Secretary makes the funds available to the eligible entity; or
the date that is 15 days after the date that the eligible entity makes the subgrant under subparagraph (A)(ii).
Subgrant application.—
In general.— A local board desiring to receive a subgrant under this subsection from an eligible entity shall submit an application at such time and in such manner as the eligible entity may reasonably require, including the information described in this paragraph.
Contents.— Each application described in subparagraph (A) shall include—
an analysis of the estimated performance of the local board in carrying out the proposed services and activities under the subgrant—
based on—
primary indicators of performance described in section 116(c)(1)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(c)(1)(A)(i), to assess estimated effectiveness of the proposed services and activities, including the estimated number of individuals with a substance use disorder who may be served by the proposed services and activities;
the record of the local board in serving individuals with a barrier to employment; and
the ability of the local board to establish a participating partnership; and
which may include or utilize—
data from the National Center for Health Statistics of the Centers for Disease Control and Prevention;
data from the Center for Behavioral Health Statistics and Quality of the Substance Abuse and Mental Health Services Administration;
State vital statistics;
municipal police department records;
reports from local coroners; or
other relevant data; and
in the case of a local board proposing to serve a population described in subsection (e)(2)(B), a demonstration of the workforce shortage in the professional area to be addressed under the subgrant (which may include substance use disorder treatment and related services, non-addictive pain therapy and pain management services, mental health care treatment services, emergency response services, or mental health care), which shall include information that can demonstrate such a shortage, such as—
the distance between—
communities affected by opioid abuse or another substance use disorder; and
facilities or professionals offering services in the professional area; or
the maximum capacity of facilities or professionals to serve individuals in an affected community, or increases in arrests related to opioid or another substance use disorder, overdose deaths, or nonfatal overdose emergencies in the community.
Subgrant Services and Activities.—
In general.— Each local board that receives a subgrant under subsection (d) shall carry out the services and activities described in this subsection through a participating partnership.
Selection of population to be served.— A participating partnership shall elect to provide services and activities under the subgrant to one or both of the following populations of workers:
Workers, including dislocated workers, individuals with barriers to employment, new entrants in the workforce, or incumbent workers (employed or underemployed), each of whom—
is directly or indirectly affected by a high rate of a substance use disorder; and
voluntarily confirms that the worker, or a friend or family member of the worker, has a history of opioid abuse or another substance use disorder.
Workers, including dislocated workers, individuals with barriers to employment, new entrants in the workforce, or incumbent workers (employed or underemployed), who—
seek to transition to professions that support individuals with a substance use disorder or at risk for developing such disorder, such as professions that provide—
substance use disorder treatment and related services;
services offered through providers of peer recovery support services;
non-addictive pain therapy and pain management services;
emergency response services; or
mental health care; and
need new or upgraded skills to better serve such a population of struggling or at-risk individuals.
Services and activities.— Each participating partnership shall use funds available through a subgrant under this subsection to carry out 1 or more of the following:
Engaging employers.— Engaging with employers to—
learn about the skill and hiring requirements of employers;
learn about the support needed by employers to hire and retain program participants, and other individuals with a substance use disorder, and the support needed by such employers to obtain their commitment to testing creative solutions to employing program participants and such individuals;
connect employers and workers to on-the-job or customized training programs before or after layoff to help facilitate reemployment;
connect employers with an education provider to develop classroom instruction to complement on-the-job learning for program participants and such individuals;
help employers develop the curriculum design of a work-based learning program for program participants and such individuals;
help employers employ program participants or such individuals engaging in a work-based learning program for a transitional period before hiring such a program participant or individual for full-time employment of not less than 30 hours a week; or
connect employers to program participants receiving concurrent outpatient treatment and job training services.
Screening services.— Providing screening services, which may include—
using an evidence-based screening method to screen each individual seeking participation in the pilot program to determine whether the individual has a substance use disorder;
conducting an assessment of each such individual to determine the services needed for such individual to obtain or retain employment, including an assessment of strengths and general work readiness; or
accepting walk-ins or referrals from employers, labor organizations, or other entities recommending individuals to participate in such program.
Individual treatment and employment plan.— Developing an individual treatment and employment plan for each program participant—
in coordination, as appropriate, with other programs serving the participant such as the core programs within the workforce development system under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and
which shall include providing a case manager to work with each participant to develop the plan, which may include—
identifying employment and career goals;
exploring career pathways that lead to in-demand industries and sectors, as determined by the State board and the head of the State workforce agency or, as applicable, the Tribal entity;
setting appropriate achievement objectives to attain the employment and career goals identified under subclause (I); or
developing the appropriate combination of services to enable the participant to achieve the employment and career goals identified under subclause (I).
Outpatient treatment and recovery care.— In the case of a participating partnership serving program participants described in paragraph (2)(A) with a substance use disorder, providing individualized and group outpatient treatment and recovery services for such program participants that are offered during the day and evening, and on weekends. Such treatment and recovery services—
shall be based on a model that utilizes combined behavioral interventions and other evidence-based or evidence-informed interventions; and
may include additional services such as—
health, mental health, addiction, or other forms of outpatient treatment that may impact a substance use disorder and co-occurring conditions;
drug testing for a current substance use disorder prior to enrollment in career or training services or prior to employment;
linkages to community services, including services offered by partner organizations designed to support program participants; or
referrals to health care, including referrals to substance use disorder treatment and mental health services.
Supportive services.— Providing supportive services, which shall include services such as—
coordinated wraparound services to provide maximum support for program participants to assist the program participants in maintaining employment and recovery for not less than 12 months, as appropriate;
assistance in establishing eligibility for assistance under Federal, State, Tribal, and local programs providing health services, mental health services, vocational services, housing services, transportation services, social services, or services through early childhood education programs (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003));
services offered through providers of peer recovery support services;
networking and mentorship opportunities; or
any supportive services determined necessary by the local board.
Career and job training services.— Offering career services and training services, and related services, concurrently or sequentially with the services provided under subparagraphs (B) through (E). Such services shall include the following:
Services provided to program participants who are in a pre-employment stage of the program, which may include—
initial education and skills assessments;
traditional classroom training funded through individual training accounts under chapter 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3171 et seq.);
services to promote employability skills such as punctuality, personal maintenance skills, and professional conduct;
in-depth interviewing and evaluation to identify employment barriers and to develop individual employment plans;
career planning that includes—
career pathways leading to in-demand, high-wage jobs; and
job coaching, job matching, and job placement services;
provision of payments and fees for employment and training-related applications, tests, and certifications; or
any other appropriate career service or training service described in section 134(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)).
Services provided to program participants during their first 6 months of employment to ensure job retention, which may include—
case management and support services, including a continuation of the services described in clause (i);
a continuation of skills training, and career and technical education, described in clause (i) that is conducted in collaboration with the employers of such participants;
mentorship services and job retention support for such participants; or
targeted training for managers and workers working with such participants (such as mentors), and human resource representatives in the business in which such participants are employed.
Services to assist program participants in maintaining employment for not less than 12 months, as appropriate.
Proven and promising practices.— Leading efforts in the service area to identify and promote proven and promising strategies and initiatives for meeting the needs of employers and program participants.
Limitations.— A participating partnership may not use—
more than 10 percent of the funds received under a subgrant under subsection (d) for the administrative costs of the partnership;
more than 10 percent of the funds received under such subgrant for the provision of treatment and recovery services, as described in paragraph (3)(D); and
more than 10 percent of the funds received under such subgrant for the provision of supportive services described in paragraph (3)(E) to program participants.
Performance Accountability.—
Reports.— The Secretary shall establish quarterly reporting requirements for recipients of grants and subgrants under this section that, to the extent practicable, are based on the performance accountability system under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141) and, in the case of a grant awarded to an eligible entity described in subsection (a)(3)(C), section 166(h) of such Act (29 U.S.C. 3221(h)), including the indicators described in subsection (c)(1)(A)(i) of such section 116 and the requirements for local area performance reports under subsection (d) of such section 116.
Evaluations.—
Authority to enter into agreements.— The Secretary shall ensure that an independent evaluation is conducted on the pilot program carried out under this section to determine the impact of the program on employment of individuals with substance use disorders. The Secretary shall enter into an agreement with eligible entities receiving grants under this section to pay for all or part of such evaluation.
Methodologies to be used.— The independent evaluation required under this paragraph shall use experimental designs using random assignment or, when random assignment is not feasible, other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences.
Funding.—
Covered fiscal year.— In this subsection, the term “covered fiscal year” means any of fiscal years 2019 through 2023.
Using funding for national dislocated worker grants.— Subject to paragraph (4) and notwithstanding section 132(a)(2)(A) and subtitle D of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(a)(2)(A), 3221 et seq.), the Secretary may use, to carry out the pilot program under this section for a covered fiscal year—
funds made available to carry out section 170 of such Act (29 U.S.C. 3225) for that fiscal year;
funds made available to carry out section 170 of such Act that remain available for that fiscal year; and
funds that remain available under section 172(f) of such Act (29 U.S.C. 3227(f)).
Availability of funds.— Funds appropriated under section 136(c) of such Act (29 U.S.C. 3181(c)) and made available to carry out section 170 of such Act for a fiscal year shall remain available for use under paragraph (2) for a subsequent fiscal year until expended.
Limitation.— The Secretary may not use more than $100,000,000 of the funds described in paragraph (2) for any covered fiscal year under this section.
Subtitle D Peer Support Counseling Program for Women Veterans
SEC. 8051. Peer Support Counseling Program for Women Veterans.
In General.— Section 1720F(j) of title 38, United States Code, is amended by adding at the end the following new paragraph:
“(4)
(A) As part of the counseling program under this subsection, the Secretary shall emphasize appointing peer support counselors for women veterans. To the degree practicable, the Secretary shall seek to recruit women peer support counselors with expertise in—
“(i) female gender-specific issues and services;
“(ii) the provision of information about services and benefits provided under laws administered by the Secretary; or
“(iii) employment mentoring.
“(B) To the degree practicable, the Secretary shall emphasize facilitating peer support counseling for women veterans who are eligible for counseling and services under section 1720D of this title, have post-traumatic stress disorder or suffer from another mental health condition, are homeless or at risk of becoming homeless, or are otherwise at increased risk of suicide, as determined by the Secretary.
“(C) The Secretary shall conduct outreach to inform women veterans about the program and the assistance available under this paragraph.
“(D) In carrying out this paragraph, the Secretary shall coordinate with such community organizations, State and local governments, institutions of higher education, chambers of commerce, local business organizations, organizations that provide legal assistance, and other organizations as the Secretary considers appropriate.
“(E) In carrying out this paragraph, the Secretary shall provide adequate training for peer support counselors, including training carried out under the national program of training required by section 304(c) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note).”
Funding.— The Secretary of Veterans Affairs shall carry out paragraph (4) of section 1720F(j) of title 38, United States Code, as added by subsection (a), using funds otherwise made available to the Secretary. No additional funds are authorized to be appropriated by reason of such paragraph.
Report to Congress.— Not later than 2 years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the peer support counseling program under section 1720F(j) of title 38, United States Code, as amended by this section. Such report shall include—
the number of peer support counselors in the program;
an assessment of the effectiveness of the program; and
a description of the oversight of the program.
Subtitle E Treating Barriers to Prosperity
SEC. 8061. Short Title.
This subtitle may be cited as the “Treating Barriers to Prosperity Act of 2018”.
SEC. 8062. Drug Abuse Mitigation Initiative.
In General.— Chapter 145 of title 40, United States Code, is amended by inserting after section 14509 the following:
Ҥ 14510. Drug abuse mitigation initiative
“(a) In General.—The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to address drug abuse, including opioid abuse, in the region, including projects and activities—
“(1) to facilitate the sharing of best practices among States, counties, and other experts in the region with respect to reducing such abuse;
“(2) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from such abuse;
“(3) to attract and retain relevant health care services, businesses, and workers; and
“(4) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine.
“(b) Limitation on Available Amounts.—Of the cost of any activity eligible for a grant under this section—
“(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
“(2) notwithstanding paragraph (1)—
“(A) in the case of a project to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
“(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
“(c) Sources of Assistance.—Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section in combination with amounts made available—
“(1) under any other Federal program (subject to the availability of subsequent appropriations); or
“(2) from any other source.
“(d) Federal Share.—Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate.”
Clerical Amendment.— The analysis for chapter 145 of title 40, United States Code, is amended by inserting after the item relating to section 14509 the following:
“14510. Drug abuse mitigation initiative.”.
Subtitle F Pilot Program to Help Individuals in Recovery From a Substance Use Disorder Become Stably Housed
SEC. 8071. Pilot Program to Help Individuals in Recovery from a Substance Use Disorder Become Stably Housed.
Authorization of Appropriations.— There is authorized to be appropriated under this section such sums as may be necessary for each of fiscal years 2019 through 2023 for assistance to States to provide individuals in recovery from a substance use disorder stable, temporary housing for a period of not more than 2 years or until the individual secures permanent housing, whichever is earlier.
Allocation of Appropriated Amounts.—
In general.— The amounts appropriated or otherwise made available to States under this section shall be allocated based on a funding formula established by the Secretary of Housing and Urban Development (referred to in this section as the “Secretary”) not later than 60 days after the date of enactment of this Act.
Criteria.—
In general.— The funding formula required under paragraph (1) shall ensure that any amounts appropriated or otherwise made available under this section are allocated to States with an age-adjusted rate of drug overdose deaths that is above the national overdose mortality rate, according to the Centers for Disease Control and Prevention.
Priority.—
In general.— Among such States, priority shall be given to States with the greatest need, as such need is determined by the Secretary based on the following factors, and weighting such factors as described in clause (ii):
The highest average rates of unemployment based on data provided by the Bureau of Labor Statistics for calendar years 2013 through 2017.
The lowest average labor force participation rates based on data provided by the Bureau of Labor Statistics for calendar years 2013 through 2017.
The highest age-adjusted rates of drug overdose deaths based on data from the Centers for Disease Control and Prevention.
Weighting.— The factors described in clause (i) shall be weighted as follows:
The rate described in clause (i)(I) shall be weighted at 15 percent.
The rate described in clause (i)(II) shall be weighted at 15 percent.
The rate described in clause (i)(III) shall be weighted at 70 percent.
Distribution.— Amounts appropriated or otherwise made available under this section shall be distributed according to the funding formula established by the Secretary under paragraph (1) not later than 30 days after the establishment of such formula.
Use of Funds.—
In general.— Any State that receives amounts pursuant to this section shall expend at least 30 percent of such funds within one year of the date funds become available to the grantee for obligation.
Priority.— Any State that receives amounts pursuant to this section shall distribute such amounts giving priority to entities with the greatest need and ability to deliver effective assistance in a timely manner.
Administrative costs.— Any State that receives amounts pursuant to this section may use up to 5 percent of any grant for administrative costs.
Rules of Construction.—
In general.— Except as otherwise provided by this section, amounts appropriated, or amounts otherwise made available to States under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).
No match.— No matching funds shall be required in order for a State to receive any amounts under this section.
Authority to Waive or Specify Alternative Requirements.—
In general.— In administering any amounts appropriated or otherwise made available under this section, the Secretary may waive or specify alternative requirements to any provision under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and requirements that activities benefit persons of low- and moderate-income, upon a finding that such a waiver is necessary to expedite or facilitate the use of such funds.
Notice of intent.— The Secretary shall provide written notice of its intent to exercise the authority to specify alternative requirements under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives not later than 15 business days before such exercise of authority occurs.
Notice to the public.— The Secretary shall provide written notice of its intent to exercise the authority to specify alternative requirements under paragraph (1) to the public via notice, on the internet website of the Department of Housing and Urban Development, and by other appropriate means, not later than 15 business days before such exercise of authority occurs.
Technical Assistance.— For the 2-year period following the date of enactment of this Act, the Secretary may use not more than 2 percent of the funds made available under this section for technical assistance to grantees.
State.— For purposes of this section the term “State” includes any State as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302) and the District of Columbia.
Subtitle G Human Services
SEC. 8081. Supporting Family-Focused Residential Treatment.
Definitions.— In this section:
Family-focused residential treatment program.— The term “family-focused residential treatment program” means a trauma-informed residential program primarily for substance use disorder treatment for pregnant and postpartum women and parents and guardians that allows children to reside with such women or their parents or guardians during treatment to the extent appropriate and applicable.
Medicaid program.— The term “Medicaid program” means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
Secretary.— The term “Secretary” means the Secretary of Health and Human Services.
Title iv–e program.— The term “title IV–E program” means the program for foster care, prevention, and permanency established under part E of title IV of the Social Security Act (42 U.S.C. 670 et seq.).
Guidance on Family-focused Residential Treatment Programs.—
In general.— Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with divisions of the Department of Health and Human Services administering substance use disorder or child welfare programs, shall develop and issue guidance to States identifying opportunities to support family-focused residential treatment programs for the provision of substance use disorder treatment. Before issuing such guidance, the Secretary shall solicit input from representatives of States, health care providers with expertise in addiction medicine, obstetrics and gynecology, neonatology, child trauma, and child development, health plans, recipients of family-focused treatment services, and other relevant stakeholders.
Additional requirements.— The guidance required under paragraph (1) shall include descriptions of the following:
Existing opportunities and flexibilities under the Medicaid program, including under waivers authorized under section 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n), for States to receive Federal Medicaid funding for the provision of substance use disorder treatment for pregnant and postpartum women and parents and guardians and, to the extent applicable, their children, in family-focused residential treatment programs.
How States can employ and coordinate funding provided under the Medicaid program, the title IV-E program, and other programs administered by the Secretary to support the provision of treatment and services provided by a family-focused residential treatment facility such as substance use disorder treatment and services, including medication-assisted treatment, family, group, and individual counseling, case management, parenting education and skills development, the provision, assessment, or coordination of care and services for children, including necessary assessments and appropriate interventions, non-emergency transportation for necessary care provided at or away from a program site, transitional services and supports for families leaving treatment, and other services.
How States can employ and coordinate funding provided under the Medicaid program and the title IV–E program (including as amended by the Family First Prevention Services Act enacted under title VII of division E of Public Law 115–123, and particularly with respect to the authority under subsections (a)(2)(C) and (j) of section 472 and section 474(a)(1) of the Social Security Act (42 U.S.C. 672, 674(a)(1)) (as amended by section 50712 of Public Law 115–123) to provide foster care maintenance payments for a child placed with a parent who is receiving treatment in a licensed residential family-based treatment facility for a substance use disorder) to support placing children with their parents in family-focused residential treatment programs.
SEC. 8082. Improving Recovery and Reunifying Families.
Family Recovery and Reunification Program Replication Project.— Section 435 of the Social Security Act (42 U.S.C. 629e) is amended by adding at the end the following:
“(e) Family Recovery and Reunification Program Replication Project.—
“(1) Purpose.—The purpose of this subsection is to provide resources to the Secretary to support the conduct and evaluation of a family recovery and reunification program replication project (referred to in this subsection as the ‘project’) and to determine the extent to which such programs may be appropriate for use at different intervention points (such as when a child is at risk of entering foster care or when a child is living with a guardian while a parent is in treatment). The family recovery and reunification program conducted under the project shall use a recovery coach model that is designed to help reunify families and protect children by working with parents or guardians with a substance use disorder who have temporarily lost custody of their children.
“(2) Program components.—The family recovery and reunification program conducted under the project shall adhere closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children and, consistent with such elements and protocol, shall provide such items and services as—
“(A) assessments to evaluate the needs of the parent or guardian;
“(B) assistance in receiving the appropriate benefits to aid the parent or guardian in recovery;
“(C) services to assist the parent or guardian in prioritizing issues identified in assessments, establishing goals for resolving such issues that are consistent with the goals of the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children, and making a coordinated plan for achieving such goals;
“(D) home visiting services coordinated with the child welfare agency and treatment provider involved with the parent or guardian or their children;
“(E) case management services to remove barriers for the parent or guardian to participate and continue in treatment, as well as to re-engage a parent or guardian who is not participating or progressing in treatment;
“(F) access to services needed to monitor the parent’s or guardian’s compliance with program requirements;
“(G) frequent reporting between the treatment provider, child welfare agency, courts, and other agencies involved with the parent or guardian or their children to ensure appropriate information on the parent’s or guardian’s status is available to inform decision-making; and
“(H) assessments and recommendations provided by a recovery coach to the child welfare caseworker responsible for documenting the parent’s or guardian’s progress in treatment and recovery as well as the status of other areas identified in the treatment plan for the parent or guardian, including a recommendation regarding the expected safety of the child if the child is returned to the custody of the parent or guardian that can be used by the caseworker and a court to make permanency decisions regarding the child.
“(3) Responsibilities of the secretary.—
“(A) In general.—The Secretary shall, through a grant or contract with 1 or more entities, conduct and evaluate the family recovery and reunification program under the project.
“(B) Requirements.—In identifying 1 or more entities to conduct the evaluation of the family recovery and reunification program, the Secretary shall—
“(i) determine that the area or areas in which the program will be conducted have sufficient substance use disorder treatment providers and other resources (other than those provided with funds made available to carry out the project) to successfully conduct the program;
“(ii) determine that the area or areas in which the program will be conducted have enough potential program participants, and will serve a sufficient number of parents or guardians and their children, so as to allow for the formation of a control group, evaluation results to be adequately powered, and preliminary results of the evaluation to be available within 4 years of the program’s implementation;
“(iii) provide the entity or entities with technical assistance for the program design, including by working with 1 or more entities that are or have been involved in recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children so as to make sure the program conducted under the project adheres closely to the elements and protocol determined to be most effective in such other recovery coaching programs;
“(iv) assist the entity or entities in securing adequate coaching, treatment, child welfare, court, and other resources needed to successfully conduct the family recovery and reunification program under the project; and
“(v) ensure the entity or entities will be able to monitor the impacts of the program in the area or areas in which it is conducted for at least 5 years after parents or guardians and their children are randomly assigned to participate in the program or to be part of the program’s control group.
“(4) Evaluation requirements.—
“(A) In general.—The Secretary, in consultation with the entity or entities conducting the family recovery and reunification program under the project, shall conduct an evaluation to determine whether the program has been implemented effectively and resulted in improvements for children and families. The evaluation shall have 3 components: a pilot phase, an impact study, and an implementation study.
“(B) Pilot phase.—The pilot phase component of the evaluation shall consist of the Secretary providing technical assistance to the entity or entities conducting the family recovery and reunification program under the project to ensure—
“(i) the program’s implementation adheres closely to the elements and protocol determined to be most effective in other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and
“(ii) random assignment of parents or guardians and their children to be participants in the program or to be part of the program’s control group is being carried out.
“(C) Impact study.—The impact study component of the evaluation shall determine the impacts of the family recovery and reunification program conducted under the project on the parents and guardians and their children participating in the program. The impact study component shall—
“(i) be conducted using an experimental design that uses a random assignment research methodology;
“(ii) consistent with previous studies of other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children, measure outcomes for parents and guardians and their children over multiple time periods, including for a period of 5 years; and
“(iii) include measurements of family stability and parent, guardian, and child safety for program participants and the program control group that are consistent with measurements of such factors for participants and control groups from previous studies of other recovery coaching programs so as to allow results of the impact study to be compared with the results of such prior studies, including with respect to comparisons between program participants and the program control group regarding—
“(I) safe family reunification;
“(II) time to reunification;
“(III) permanency (such as through measures of reunification, adoption, or placement with guardians);
“(IV) safety (such as through measures of subsequent maltreatment);
“(V) parental or guardian treatment persistence and engagement;
“(VI) parental or guardian substance use;
“(VII) juvenile delinquency;
“(VIII) cost; and
“(IX) other measurements agreed upon by the Secretary and the entity or entities operating the family recovery and reunification program under the project.
“(D) Implementation study.—The implementation study component of the evaluation shall be conducted concurrently with the conduct of the impact study component and shall include, in addition to such other information as the Secretary may determine, descriptions and analyses of—
“(i) the adherence of the family recovery and reunification program conducted under the project to other recovery coaching programs that have been rigorously evaluated and shown to increase family reunification and protect children; and
“(ii) the difference in services received or proposed to be received by the program participants and the program control group.
“(E) Report.—The Secretary shall publish on an internet website maintained by the Secretary the following information:
“(i) A report on the pilot phase component of the evaluation.
“(ii) A report on the impact study component of the evaluation.
“(iii) A report on the implementation study component of the evaluation.
“(iv) A report that includes—
“(I) analyses of the extent to which the program has resulted in increased reunifications, increased permanency, case closures, net savings to the State or States involved (taking into account both costs borne by States and the Federal government), or other outcomes, or if the program did not produce such outcomes, an analysis of why the replication of the program did not yield such results;
“(II) if, based on such analyses, the Secretary determines the program should be replicated, a replication plan; and
“(III) such recommendations for legislation and administrative action as the Secretary determines appropriate.
“(5) Appropriation.—In addition to any amounts otherwise made available to carry out this subpart, out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated $15,000,000 for fiscal year 2019 to carry out the project, which shall remain available through fiscal year 2026.”
Clarification of Payer of Last Resort Application to Child Welfare Prevention and Family Services.— Section 471(e)(10) of the Social Security Act (42 U.S.C. 671(e)(10)), as added by section 50711(a)(2) of division E of Public Law 115–123, is amended—
in subparagraph (A), by inserting “ , nor shall the provision of such services or programs be construed to permit the State to reduce medical or other assistance available to a recipient of such services or programs” after “ under this Act”; and
by adding at the end the following:
“(C) Payer of last resort.—In carrying out its responsibilities to ensure access to services or programs under this subsection, the State agency shall not be considered to be a legally liable third party for purposes of satisfying a financial commitment for the cost of providing such services or programs with respect to any individual for whom such cost would have been paid for from another public or private source but for the enactment of this subsection (except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by a child or family in a timely fashion, funds provided under section 474(a)(6) may be used to pay the provider of services or programs pending reimbursement from the public or private source that has ultimate responsibility for the payment).”
Effective Date.— The amendments made by subsection (b) shall take effect as if included in section 50711 of division E of Public Law 115–123.
SEC. 8083. Building Capacity for Family-Focused Residential Treatment.
Definitions.— In this section:
Eligible entity.— The term “eligible entity” means a State, county, local, or tribal health or child welfare agency, a private nonprofit organization, a research organization, a treatment service provider, an institution of higher education (as defined under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or another entity specified by the Secretary.
Family-focused residential treatment program.— The term “family-focused residential treatment program” means a trauma-informed residential program primarily for substance use disorder treatment for pregnant and postpartum women and parents and guardians that allows children to reside with such women or their parents or guardians during treatment to the extent appropriate and applicable.
Secretary.— The term “Secretary” means the Secretary of Health and Human Services.
Support for the Development of Evidence-based Family-focused Residential Treatment Programs.—
Authority to award grants.— The Secretary shall award grants to eligible entities for purposes of developing, enhancing, or evaluating family-focused residential treatment programs to increase the availability of such programs that meet the requirements for promising, supported, or well-supported practices specified in section 471(e)(4)(C) of the Social Security Act (42 U.S.C. 671(e)(4)(C))) (as added by the Family First Prevention Services Act enacted under title VII of division E of Public Law 115–123).
Evaluation requirement.— The Secretary shall require any evaluation of a family-focused residential treatment program by an eligible entity that uses funds awarded under this section for all or part of the costs of the evaluation be designed to assist in the determination of whether the program may qualify as a promising, supported, or well-supported practice in accordance with the requirements of such section 471(e)(4)(C).
Authorization of Appropriations.— There is authorized to be appropriated to the Secretary to carry out this section, $20,000,000 for fiscal year 2019, which shall remain available through fiscal year 2023.
Subtitle H Reauthorizing and Extending Grants for Recovery From Opioid Use Programs
SEC. 8091. Short Title.
This subtitle may be cited as the “Reauthorizing and Extending Grants for Recovery from Opioid Use Programs Act of 2018” or the “REGROUP Act of 2018”.
SEC. 8092. Reauthorization of the Comprehensive Opioid Abuse Grant Program.
Section 1001(a)(27) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(27)) is amended by striking “ through 2021” and inserting “ and 2018, and $330,000,000 for each of fiscal years 2019 through 2023”.
Subtitle I Fighting Opioid Abuse in Transportation
SEC. 8101. Short Title.
This subtitle may be cited as the “Fighting Opioid Abuse in Transportation Act”.
SEC. 8102. Alcohol and Controlled Substance Testing of Mechanical Employees.
In General.— Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall publish a rule in the Federal Register revising the regulations promulgated under section 20140 of title 49, United States Code, to cover all employees of railroad carriers who perform mechanical activities.
Definition of Mechanical Activities.— For the purposes of the rule under subsection (a), the Secretary shall define the term “mechanical activities” by regulation.
SEC. 8103. Department of Transportation Public Drug and Alcohol Testing Database.
In General.— Subject to subsection (c), the Secretary of Transportation shall—
not later than March 31, 2019, establish and make publicly available on its website a database of the drug and alcohol testing data reported by employers for each mode of transportation; and
update the database annually.
Contents.— The database under subsection (a) shall include, for each mode of transportation—
the total number of drug and alcohol tests by type of substance tested;
the drug and alcohol test results by type of substance tested;
the reason for the drug or alcohol test, such as pre-employment, random, post-accident, reasonable suspicion or cause, return-to-duty, or follow-up, by type of substance tested; and
the number of individuals who refused testing.
Commercially Sensitive Data.— The Department of Transportation shall not release any commercially sensitive data or personally identifiable data furnished by an employer under this section unless the data is aggregated or otherwise in a form that does not identify the employer providing the data.
Savings Clause.— Nothing in this section may be construed as limiting or otherwise affecting the requirements of the Secretary of Transportation to adhere to requirements applicable to confidential business information and sensitive security information, consistent with applicable law.
SEC. 8104. Gao Report on Department of Transportation’s Collection and Use of Drug and Alcohol Testing Data.
In General.— Not later than 2 years after the date the Department of Transportation public drug and alcohol testing database is established under section 8103, the Comptroller General of the United States shall—
review the Department of Transportation Drug and Alcohol Testing Management Information System; and
submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the review, including recommendations under subsection (c).
Contents.— The report under subsection (a) shall include—
a description of the process the Department of Transportation uses to collect and record drug and alcohol testing data submitted by employers for each mode of transportation;
an assessment of whether and, if so, how the Department of Transportation uses the data described in paragraph (1) in carrying out its responsibilities; and
an assessment of the Department of Transportation public drug and alcohol testing database under section 8103.
Recommendations.— The report under subsection (a) may include recommendations regarding—
how the Department of Transportation can best use the data described in subsection (b)(1);
any improvements that could be made to the process described in subsection (b)(1);
whether and, if so, how the Department of Transportation public drug and alcohol testing database under section 8103 could be made more effective; and
such other recommendations as the Comptroller General considers appropriate.
SEC. 8105. Transportation Workplace Drug and Alcohol Testing Program; Addition of Fentanyl and Other Substances.
Mandatory Guidelines for Federal Workplace Drug Testing Programs.—
In general.— Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall—
determine whether a revision of the Mandatory Guidelines for Federal Workplace Drug Testing Programs to expand the opiate category on the list of authorized substance testing to include fentanyl is justified, based on the reliability and cost-effectiveness of available testing; and
consider whether to include with the determination under subparagraph (A) a separate determination on whether a revision of the Mandatory Guidelines for Federal Workplace Drug Testing Programs to expand the list of substances authorized for testing to include any other drugs or other substances listed in schedule I and II of section 202 of the Controlled Substances Act (21 U.S.C. 812) is justified based on the criteria described in subparagraph (A).
Revision of guidelines.— If an expansion of the substance list is determined to be justified under paragraph (1), the Secretary of Health and Human Services shall—
notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination; and
publish in the Federal Register, not later than 18 months after the date of the determination under that paragraph, a final notice of the revision of the Mandatory Guidelines for Federal Workplace Drug Testing Programs to expand the list of substances authorized to be tested to include the substance or substances determined to be justified for inclusion.
Report.— If an expansion of the substance list is determined not to be justified under paragraph (1), the Secretary of Health and Human Services shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report explaining, in detail, the reasons the expansion of the list of authorized substances is not justified.
Department of Transportation Drug-testing Panel.— If an expansion is determined to be justified under subsection (a)(1), the Secretary of Transportation shall publish in the Federal Register, not later than 18 months after the date the final notice is published under subsection (a)(2), a final rule revising part 40 of title 49, Code of Federal Regulations, to include such substances in the Department of Transportation’s drug-testing panel, consistent with the Mandatory Guidelines for Federal Workplace Drug Testing Programs as revised by the Secretary of Health and Human Services under subsection (a).
Savings Provision.— Nothing in this section may be construed as—
delaying the publication of the notices described in sections 8106 and 8107 of this Act until the Secretary of Health and Human Services makes a determination or publishes a notice under this section; or
limiting or otherwise affecting any authority of the Secretary of Health and Human Services or the Secretary of Transportation to expand the list of authorized substance testing to include an additional substance.
SEC. 8106. Status Reports on Hair Testing Guidelines.
In General.— Not later than 60 days after the date of enactment of this Act, and annually thereafter until the date that the Secretary of Health and Human Services publishes in the Federal Register a final notice of scientific and technical guidelines for hair testing in accordance with section 5402(b) of the Fixing America’s Surface Transportation Act (Public Law 114-94; 129 Stat. 1312), the Secretary of Health and Human Services shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on—
the status of the hair testing guidelines;
an explanation for why the hair testing guidelines have not been issued; and
an estimated date of completion of the hair testing guidelines.
Requirement.— To the extent practicable and consistent with the objective of the hair testing described in subsection (a) to detect illegal or unauthorized use of substances by the individual being tested, the final notice of scientific and technical guidelines under that subsection, as determined by the Secretary of Health and Human Services, shall eliminate the risk of positive test results, of the individual being tested, caused solely by the drug use of others and not caused by the drug use of the individual being tested.
SEC. 8107. Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid.
Deadline.— Not later than December 31, 2018, the Secretary of Health and Human Services shall publish in the Federal Register a final notice of the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid, based on the notice of proposed mandatory guidelines published in the Federal Register on May 15, 2015 (94 FR 28054).
Requirement.— To the extent practicable and consistent with the objective of the testing described in subsection (a) to detect illegal or unauthorized use of substances by the individual being tested, the final notice of scientific and technical guidelines under that subsection, as determined by the Secretary of Health and Human Services, shall eliminate the risk of positive test results, of the individual being tested, caused solely by the drug use of others and not caused by the drug use of the individual being tested.
Rule of Construction.— Nothing in this section may be construed as requiring the Secretary of Health and Human Services to reissue a notice of proposed mandatory guidelines to carry out subsection (a).
SEC. 8108. Electronic Recordkeeping.
Deadline.— Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall—
ensure that each certified laboratory that requests approval for the use of completely paperless electronic Federal Drug Testing Custody and Control Forms from the National Laboratory Certification Program’s Electronic Custody and Control Form systems receives approval for those completely paperless electronic forms instead of forms that include any combination of electronic traditional handwritten signatures executed on paper forms; and
establish a deadline for a certified laboratory to request approval under paragraph (1).
Savings Clause.— Nothing in this section may be construed as limiting or otherwise affecting any authority of the Secretary of Health and Human Services to grant approval to a certified laboratory for use of completely paperless electronic Federal Drug Testing Custody and Control Forms, including to grant approval outside of the process under subsection (a).
Electronic Signatures.— Not later than 18 months after the date of the deadline under subsection (a)(2), the Secretary of Transportation shall issue a final rule revising part 40 of title 49, Code of Federal Regulations, to authorize, to the extent practicable, the use of electronic signatures or digital signatures executed to electronic forms instead of traditional handwritten signatures executed on paper forms.
SEC. 8109. Status Reports on Commercial Driver’s License Drug and Alcohol Clearinghouse.
In General.— Not later than 60 days after the date of enactment of this Act, and annually thereafter until the compliance date, the Administrator of the Federal Motor Carrier Safety Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a status report on implementation of the final rule for the Commercial Driver’s License Drug and Alcohol Clearinghouse (81 FR 87686), including—
an updated schedule, including benchmarks, for implementing the final rule as soon as practicable, but not later than the compliance date; and
a description of each action the Federal Motor Carrier Safety Administration is taking to implement the final rule before the compliance date.
Definition of Compliance Date.— In this section, the term “compliance date” means the earlier of—
January 6, 2020; or
the date that the national clearinghouse required under section 31306a of title 49, United States Code, is operational.
Subtitle J Eliminating Kickbacks in Recovery
SEC. 8121. Short Title.
This subtitle may be cited as the “Eliminating Kickbacks in Recovery Act of 2018”.
SEC. 8122. Criminal Penalties.
In General.— Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following:
Ҥ 220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories
“(a) Offense.—Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully—
“(1) solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or
“(2) pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind—
“(A) to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or
“(B) in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory,
“(b) Applicability.—Subsection (a) shall not apply to—
“(1) a discount or other reduction in price obtained by a provider of services or other entity under a health care benefit program if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity;
“(2) a payment made by an employer to an employee or independent contractor (who has a bona fide employment or contractual relationship with such employer) for employment, if the employee’s payment is not determined by or does not vary by—
“(A) the number of individuals referred to a particular recovery home, clinical treatment facility, or laboratory;
“(B) the number of tests or procedures performed; or
“(C) the amount billed to or received from, in part or in whole, the health care benefit program from the individuals referred to a particular recovery home, clinical treatment facility, or laboratory;
“(3) a discount in the price of an applicable drug of a manufacturer that is furnished to an applicable beneficiary under the Medicare coverage gap discount program under section 1860D–14A(g) of the Social Security Act (42 U.S.C. 1395w–114a(g));
“(4) a payment made by a principal to an agent as compensation for the services of the agent under a personal services and management contract that meets the requirements of section 1001.952(d) of title 42, Code of Federal Regulations, as in effect on the date of enactment of this section;
“(5) a waiver or discount (as defined in section 1001.952(h)(5) of title 42, Code of Federal Regulations, or any successor regulation) of any coinsurance or copayment by a health care benefit program if—
“(A) the waiver or discount is not routinely provided; and
“(B) the waiver or discount is provided in good faith;
“(6) a remuneration described in section 1128B(b)(3)(I) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)(I));
“(7) a remuneration made pursuant to an alternative payment model (as defined in section 1833(z)(3)(C) of the Social Security Act) or pursuant to a payment arrangement used by a State, health insurance issuer, or group health plan if the Secretary of Health and Human Services has determined that such arrangement is necessary for care coordination or value-based care; or
“(8) any other payment, remuneration, discount, or reduction as determined by the Attorney General, in consultation with the Secretary of Health and Human Services, by regulation.
“(c) Regulations.—The Attorney General, in consultation with the Secretary of Health and Human Services, may promulgate regulations to clarify the exceptions described in subsection (b).
“(d) Preemption.—
“(1) Federal law.—This section shall not apply to conduct that is prohibited under section 1128B of the Social Security Act (42 U.S.C. 1320a–7b).
“(2) State law.—Nothing in this section shall be construed to occupy the field in which any provisions of this section operate to the exclusion of State laws on the same subject matter.
“(e) Definitions.—In this section—
“(1) the terms ‘applicable beneficiary’ and ‘applicable drug’ have the meanings given those terms in section 1860D–14A(g) of the Social Security Act (42 U.S.C. 1395w–114a(g));
“(2) the term ‘clinical treatment facility’ means a medical setting , other than a hospital, that provides detoxification, risk reduction, outpatient treatment and care, residential treatment, or rehabilitation for substance use, pursuant to licensure or certification under State law;
“(3) the term ‘health care benefit program’ has the meaning given the term in section 24(b);
“(4) the term ‘laboratory’ has the meaning given the term in section 353 of the Public Health Service Act (42 U.S.C. 263a); and
“(5) the term ‘recovery home’ means a shared living environment that is, or purports to be, free from alcohol and illicit drug use and centered on peer support and connection to services that promote sustained recovery from substance use disorders.”
Clerical Amendment.— The table of sections for chapter 11 of title 18, United States Code, is amended by inserting after the item related to section 219 the following:
“220. Illegal remunerations for referrals to recovery homes, clinical treatment facilities, and laboratories.”.
Subtitle K Substance Abuse Prevention
SEC. 8201. Short Title.
This subtitle may be cited as the “Substance Abuse Prevention Act of 2018”.
SEC. 8202. Reauthorization of the Office of National Drug Control Policy.
Office of National Drug Control Policy Reauthorization Act of 1998.—
In general.— The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), as in effect on September 29, 2003, and as amended by the laws described in paragraph (2), is revived and restored.
Laws described.— The laws described in this paragraph are:
The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3502).
The Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1283).
Reauthorization.—
In general.— Section 714 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1711) is amended by striking “ such sums as may be necessary for each of fiscal years 2006 through 2010” and inserting “ $18,400,000 for each of fiscal years 2018 through 2023”.
Repeal of termination.— The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended by striking section 715 (21 U.S.C. 1712).
SEC. 8203. Reauthorization of the Drug-Free Communities Program.
Revival of National Narcotics Leadership Act of 1988.—
In general.— Chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.), except for subchapter II (21 U.S.C. 1541 et seq.), as in effect on September 29, 1997, and as amended by the laws described in paragraph (2), is revived and restored.
Laws described.— The laws described in this paragraph are:
Public Law 107–82 (115 Stat. 814).
The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469: 120 Stat. 3502), as amended by paragraph (4).
Amendment to termination provision.— Section 1009 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1056) is amended by inserting “ and sections 1021 through 1035” after “ section 1007”.
Technical correction.—
In general.— Title VIII of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3535) is amended by striking “ Drug-Free Communities Act of 1997” each place it appears and inserting “ National Narcotics Leadership Act of 1988”.
Effective date.— The amendments made by subparagraph (A) shall take effect as though enacted as part of the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3502).
Amendment to National Narcotics Leadership Act of 1988.— Chapter 2 of subtitle A of title I of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.) is amended—
in section 1022 (21 U.S.C. 1522), by striking “ substance abuse” each place it appears and inserting “ substance use and misuse”;
in section 1023 (21 U.S.C. 1523), by striking paragraph (9) and inserting the following:
“(9) Substance use and misuse.—The term ‘substance use and misuse’ means—
“(A) the illegal use or misuse of drugs, including substances for which a listing is effect under any of schedules I through V under section 202 of the Controlled Substances Act (21 U.S.C. 812);
“(B) the misuse of inhalants or over-the-counter drugs; or
“(C) the use of alcohol, tobacco, or other related product as such use is prohibited by State or local law.”
in section 1024 (21 U.S.C. 1524), by striking subsections (a) and (b) and inserting the following:
“(a) In General.—There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this chapter $99,000,000 for each of fiscal years 2018 through 2023.
“(b) Administrative Costs.—Not more than 8 percent of the funds appropriated to carry out this chapter may be used by the Office of National Drug Control Policy to pay administrative costs associated with the responsibilities of the Office under this chapter.”
in subchapter I (21 U.S.C. 1531 et seq.)—
by striking “ substance abuse” each place it appears and inserting “ substance use and misuse”; and
in section 1032(b)(1)(A) (21 U.S.C. 1532(b)(1)(A)), by striking clause (iii) and inserting the following:
“(iii) Renewal grants.—Subject to clause (iv), the Administrator may award a renewal grant to a grant recipient under this subparagraph for each fiscal year of the 4-fiscal-year period following the first fiscal year for which the initial additional grant is awarded in an amount not to exceed the following:
“(I) For the first and second fiscal years of the 4-fiscal-year period, the amount of the non-Federal funds, including in-kind contributions, raised by the coalition for the applicable fiscal year is not less than 125 percent of the amount awarded.
“(II) For the third and fourth fiscal tears of the 4-fiscal-year period, the amount of the non-Federal funds, including in-kind contributions, raised by the coalition for the applicable fiscal year is not less than 150 percent of the amount awarded.”
; and
by striking subchapter II (21 U.S.C. 1541 et seq.).
SEC. 8204. Reauthorization of the National Community Anti-Drug Coalition Institute.
Section 4 of Public Law 107–82 (21 U.S.C. 1521 note) is amended to read as follows:
“SEC. 4. AUTHORIZATION FOR NATIONAL COMMUNITY ANTIDRUG COALITION INSTITUTE.
“(a) In General.—The Director shall, using amounts authorized to be appropriated by subsection (d), make a competitive grant to provide for the continuation of the National Community Anti-drug Coalition Institute.
“(b) Eligible Organizations.—An organization eligible for the grant under subsection (a) is any national nonprofit organization that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in community antidrug coalitions under this subchapter.
“(c) Use of Grant Amount.—The organization that receives the grant under subsection (a) shall continue a National Community Anti-Drug Coalition Institute to—
“(1) provide education, training, and technical assistance for coalition leaders and community teams, with emphasis on the development of coalitions serving economically disadvantaged areas;
“(2) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; and
“(3) bridge the gap between research and practice by translating knowledge from research into practical information.
“(d) Authorization of Appropriations.—The Director shall, using amounts authorized to be appropriated by section 1032 of the National Narcotics Leadership Act of 1988 (15 U.S.C. 1532), make a grant of $2 million under subsection (a), for each of the fiscal years 2018 through 2023.”
SEC. 8205. Reauthorization of the High-Intensity Drug Trafficking Area Program.
Section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706) is amended—
in subsection (f), by striking “ no Federal” and all that follows through “ programs.” and inserting the following: “ not more than a total of 5 percent of Federal funds appropriated for the Program are expended for substance use disorder treatment programs and drug prevention programs.”;
in subsection (p)—
in paragraph (4), by striking “ and” at the end;
in paragraph (5), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(6) $280,000,000 for each of fiscal years 2018 through 2023.”
; and
in subsection (q)—
by striking paragraph (2) and inserting the following:
“(2) Required uses.—The funds used under paragraph (1) shall be used to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of witnesses of illegal drug distribution and related activities and the establishment of, or support for, programs that provide protection or assistance to witnesses in court proceedings.”
; and
by adding at the end the following:
“(3) Best practice models.—The Director shall work with HIDTAs to develop and maintain best practice models to assist State, local, and Tribal governments in addressing witness safety, relocation, financial and housing assistance, or any other services related to witness protection or assistance in cases of illegal drug distribution and related activities. The Director shall ensure dissemination of the best practice models to each HIDTA.”
SEC. 8206. Reauthorization of Drug Court Program.
Section 1001(a)(25)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(25)(A)) is amended by striking “ Except as provided” and all that follows and inserting the following: “ Except as provided in subparagraph (C), there is authorized to be appropriated to carry out part EE $75,000,000 for each of fiscal years 2018 through 2023.”.
SEC. 8207. Drug Court Training and Technical Assistance.
Section 705 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1704) is amended by adding at the end the following:
“(e) Drug Court Training and Technical Assistance Program.—
“(1) Grants authorized.—The Director may make a grant to a nonprofit organization for the purpose of providing training and technical assistance to drug courts.
“(2) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2018 through 2023.”
SEC. 8208. Drug Overdose Response Strategy.
Section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706) is amended by adding at the end the following:
“(r) Drug Overdose Response Strategy Implementation.—The Director may use funds appropriated to carry out this section to implement a drug overdose response strategy in high intensity drug trafficking areas on a nationwide basis by—
“(1) coordinating multi-disciplinary efforts to prevent, reduce, and respond to drug overdoses, including the uniform reporting of fatal and non-fatal overdoses to public health and safety officials;
“(2) increasing data sharing among public safety and public health officials concerning drug-related abuse trends, including new psychoactive substances, and related crime; and
“(3) enabling collaborative deployment of prevention, intervention, and enforcement resources to address substance use addiction and narcotics trafficking.”
SEC. 8209. Protecting Law Enforcement Officers from Accidental Exposure.
Section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706), as amended by section 8208, is amended by adding at the end the following:
“(s) Supplemental Grants.—The Director is authorized to use not more than $10,000,000 of the amounts otherwise appropriated to carry out this section to provide supplemental competitive grants to high intensity drug trafficking areas that have experienced high seizures of fentanyl and new psychoactive substances for the purposes of—
“(1) purchasing portable equipment to test for fentanyl and other substances;
“(2) training law enforcement officers and other first responders on best practices for handling fentanyl and other substances; and
“(3) purchasing protective equipment, including overdose reversal drugs.”
SEC. 8210. Cops Anti-Meth Program.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended—
by redesignating subsection (k) as subsection (l); and
by inserting after subsection (j) the following:
“(k) COPS Anti-Meth Program.—The Attorney General shall use amounts otherwise appropriated to carry out this section for a fiscal year (beginning with fiscal year 2019) to make competitive grants, in amounts of not less than $1,000,000 for such fiscal year, to State law enforcement agencies with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures for the purpose of locating or investigating illicit activities, such as precursor diversion, laboratories, or methamphetamine traffickers.”
SEC. 8211. Cops Anti-Heroin Task Force Program.
Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended—
by redesignating subsection (l), as so redesignated by section 8210, as subsection (m); and
by inserting after subsection (k), as added by section 8210, the following:
“(l) Cops Anti-heroin Task Force Program.—The Attorney General shall use amounts otherwise appropriated to carry out this section, or other amounts as appropriated, for a fiscal year (beginning with fiscal year 2019) to make competitive grants to State law enforcement agencies in States with high per capita rates of primary treatment admissions, for the purpose of locating or investigating illicit activities, through Statewide collaboration, relating to the distribution of heroin, fentanyl, or carfentanil or relating to the unlawful distribution of prescription opioids.”
SEC. 8212. Comprehensive Addiction and Recovery Act Education and Awareness.
Title VII of the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198; 130 Stat. 735) is amended by adding at the end the following:
“SEC. 709. SERVICES FOR FAMILIES AND PATIENTS IN CRISIS.
“(a) In General.—The Secretary of Health and Human Services may make grants to entities that focus on addiction and substance use disorders and specialize in family and patient services, advocacy for patients and families, and educational information.
“(b) Allowable Uses.—A grant awarded under this section may be used for nonprofit national, State, or local organizations that engage in the following activities:
“(1) Expansion of resource center services with professional, clinical staff that provide, for families and individuals impacted by a substance use disorder, support, access to treatment resources, brief assessments, medication and overdose prevention education, compassionate listening services, recovery support or peer specialists, bereavement and grief support, and case management.
“(2) Continued development of health information technology systems that leverage new and upcoming technology and techniques for prevention, intervention, and filling resource gaps in communities that are underserved.
“(3) Enhancement and operation of treatment and recovery resources, easy-to-read scientific and evidence-based education on addiction and substance use disorders, and other informational tools for families and individuals impacted by a substance use disorder and community stakeholders, such as law enforcement agencies.
“(4) Provision of training and technical assistance to State and local governments, law enforcement agencies, health care systems, research institutions, and other stakeholders.
“(5) Expanding upon and implementing educational information using evidence-based information on substance use disorders.
“(6) Expansion of training of community stakeholders, law enforcement officers, and families across a broad-range of addiction, health, and related topics on substance use disorders, local issues and community-specific issues related to the drug epidemic.
“(7) Program evaluation.”
SEC. 8213. Reimbursement of Substance Use Disorder Treatment Professionals.
Not later than January 1, 2020, the Comptroller General of the United States shall submit to Congress a report examining how substance use disorder services are reimbursed.
SEC. 8214. Sobriety Treatment and Recovery Teams (start).
Title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following:
“SEC. 550. SOBRIETY TREATMENT AND RECOVERY TEAMS.
“(a) In General.—The Secretary may make grants to States, units of local government, or tribal governments to establish or expand Sobriety Treatment And Recovery Team (referred to in this section as ‘START’) or other similar programs to determine the effectiveness of pairing social workers or mentors with families that are struggling with a substance use disorder and child abuse or neglect in order to help provide peer support, intensive treatment, and child welfare services to such families.
“(b) Allowable Uses.—A grant awarded under this section may be used for one or more of the following activities:
“(1) Training eligible staff, including social workers, social services coordinators, child welfare specialists, substance use disorder treatment professionals, and mentors.
“(2) Expanding access to substance use disorder treatment services and drug testing.
“(3) Enhancing data sharing with law enforcement agencies, child welfare agencies, substance use disorder treatment providers, judges, and court personnel.
“(4) Program evaluation and technical assistance.
“(c) Program Requirements.—A State, unit of local government, or tribal government receiving a grant under this section shall—
“(1) serve only families for which—
“(A) there is an open record with the child welfare agency; and
“(B) substance use disorder was a reason for the record or finding described in paragraph (1); and
“(2) coordinate any grants awarded under this section with any grant awarded under section 437(f) of the Social Security Act focused on improving outcomes for children affected by substance abuse.
“(d) Technical Assistance.—The Secretary may reserve not more than 5 percent of funds provided under this section to provide technical assistance on the establishment or expansion of programs funded under this section from the National Center on Substance Abuse and Child Welfare.”
SEC. 8215. Provider Education.
Not later than 60 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall complete the plan related to medical registration coordination required by Senate Report 114–239, which accompanied the Veterans Care Financial Protection Act of 2017 (Public Law 115–131; 132 Stat. 334).
SEC. 8216. Definitions.
Section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701) is amended—
by striking paragraphs (5), (12), and (13);
by redesignating paragraph (11) as paragraph (17);
by redesignating paragraphs (9) and (10) as paragraphs (14) and (15), respectively;
by redesignating paragraphs (6), (7), and (8) as paragraphs (10), (11), and (12), respectively;
by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (3), (4), (5), and (6), respectively;
by inserting before paragraph (3), as so redesignated, the following:
“(1) Agency.—The term ‘agency’ has the meaning given the term ‘executive agency’ in section 102 of title 31, United States Code.
“(2) Appropriate congressional committees.—
“(A) In general.—The term ‘appropriate congressional committees’ means—
“(i) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and
“(ii) the Committee on Oversight and Government Reform, the Committee on the Judiciary, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
“(B) Submission to congress.—Any submission to Congress shall mean submission to the appropriate congressional committees.”
by amending paragraph (3), as so redesignated, to read as follows:
“(3) Demand reduction.—The term ‘demand reduction’ means any activity conducted by a National Drug Control Program Agency, other than an enforcement activity, that is intended to reduce or prevent the use of drugs or support, expand, or provide treatment and recovery efforts, including—
“(A) education about the dangers of illicit drug use;
“(B) services, programs, or strategies to prevent substance use disorder, including evidence-based education campaigns, community-based prevention programs, collection and disposal of unused prescription drugs, and services to at-risk populations to prevent or delay initial use of an illicit drug;
“(C) substance use disorder treatment;
“(D) support for long-term recovery from substance use disorders;
“(E) drug-free workplace programs;
“(F) drug testing, including the testing of employees;
“(G) interventions for illicit drug use and dependence;
“(H) expanding availability of access to health care services for the treatment of substance use disorders;
“(I) international drug control coordination and cooperation with respect to activities described in this paragraph;
“(J) pre- and post-arrest criminal justice interventions such as diversion programs, drug courts, and the provision of evidence-based treatment to individuals with substance use disorders who are arrested or under some form of criminal justice supervision, including medication assisted treatment;
“(K) other coordinated and joint initiatives among Federal, State, local, and Tribal agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs;
“(L) international illicit drug use education, prevention, treatment, recovery, research, rehabilitation activities, and interventions for illicit drug use and dependence; and
“(M) research related to illicit drug use and any of the activities described in this paragraph.”
by inserting after paragraph (6), as so redesignated, the following:
“(7) Emerging drug threat.—The term ‘emerging drug threat’ means the occurrence of a new and growing trend in the use of an illicit drug or class of drugs, including rapid expansion in the supply of or demand for such drug.
“(8) Illicit drug use; illicit drugs; illegal drugs.—The terms ‘illicit drug use’, ‘illicit drugs’, and ‘illegal drugs’ include the illegal or illicit use of prescription drugs.
“(9) Law enforcement.—The term ‘law enforcement’ or ‘drug law enforcement’ means all efforts by a Federal, State, local, or Tribal government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalties.”
by amending paragraph (11), as so redesignated, to read as follows:
“(11) National drug control program agency.—The term ‘National Drug Control Program Agency’ means any agency (or bureau, office, independent agency, board, division, commission, subdivision, unit, or other component thereof) that is responsible for implementing any aspect of the National Drug Control Strategy, including any agency that receives Federal funds to implement any aspect of the National Drug Control Strategy, but does not include any agency that receives funds for drug control activity solely under the National Intelligence Program or the Joint Military Intelligence Program.”
in paragraph (12), as so redesignated—
by inserting “ or ‘Strategy’ ” before “ means”; and
by inserting “ , including any report, plan, or strategy required to be incorporated into or issued concurrently with such strategy” before the period at the end;
by inserting after paragraph (12), as so redesignated, the following:
“(13) Nonprofit organization.—The term ‘nonprofit organization’ means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.”
in paragraph (14), as so redesignated, by striking “ Unless the context clearly indicates otherwise, the” and inserting “ The”;
by inserting after paragraph (15), as so redesignated, the following:
“(16) Substance use disorder treatment.—The term ‘substance use disorder treatment’ means an evidence-based, professionally directed, deliberate, and planned regimen including evaluation, observation, medical monitoring, and rehabilitative services and interventions such as pharmacotherapy, behavioral therapy, and individual and group counseling, on an inpatient or outpatient basis, to help patients with substance use disorder reach recovery.”
; and
in paragraph (17), as so redesignated—
by redesignating subparagraphs (B), (C), (D), and (E), as subparagraphs (C), (D), (E), and (F), respectively;
by inserting after subparagraph (A) the following:
“(B) domestic law enforcement;”
in subparagraph (E), as so redesignated, by striking “ and” at the end;
in subparagraph (F), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(G) activities to prevent the diversion of drugs for their illicit use; and
“(H) research related to any of the activities described in this paragraph.”
SEC. 8217. Amendments to Administration of the Office.
Responsibilities of Office.— Section 703(a) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1702(a)) is amended—
by striking paragraph (1) and inserting the following:
“(1) lead the national drug control effort, including coordinating with the National Drug Control Program Agencies;”
in paragraph (2), by inserting before the semicolon the following: “ , including the National Drug Control Strategy”;
in paragraph (3), by striking “ and” at the end; and
by striking paragraph (4) and all that follows through “ the National Academy of Sciences.” and inserting the following:
“(4) evaluate the effectiveness of national drug control policy efforts, including the National Drug Control Program Agencies’ program, by developing and applying specific goals and performance measurements and monitoring the agencies’ program-level spending;
“(5) identify and respond to emerging drug threats related to illicit drug use;
“(6) administer the Drug-Free Communities Program, the High-Intensity Drug Trafficking Areas Program, and other grant programs directly authorized to be administered by the Office in furtherance of the National Drug Control Strategy; and
“(7) facilitate broad-scale information sharing and data standardization among Federal, State, and local entities to support the national drug control efforts.”
Ethics Guidelines.— Section 703(d) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1702(d)) is amended by adding at the end the following:
“(4) Ethics guidelines.—The Director shall establish written guidelines setting forth the criteria to be used in determining whether a gift or donation should be declined under this subsection because the acceptance of the gift or donation would—
“(A) reflect unfavorably upon the ability of the Director or the Office, or any employee of the Office, to carry out responsibilities or official duties under this chapter in a fair and objective manner; or
“(B) compromise the integrity or the appearance of integrity of programs or services provided under this chapter or of any official involved in those programs or services.
“(5) Registry of gifts.—The Director shall maintain a list of—
“(A) the source and amount of each gift or donation accepted by the Office; and
“(B) the source and amount of each gift or donation accepted by a contractor to be used in its performance of a contract for the Office.
“(6) Report to congress.—The Director shall include in the annual assessment under section 706(g) a copy of the registry maintained under paragraph (5).”
Appointment of Director and Deputy Director.— Section 704(a) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(a)) is amended—
in paragraph (1), by striking subparagraphs (A), (B), and (C), and inserting the following:
“(A) Director.—
“(i) In general.—There shall be at the head of the Office a Director who shall hold the same rank and status as the head of an executive department listed in section 101 of title 5, United States Code.
“(ii) Appointment.—The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall serve at the pleasure of the President.
“(B) Deputy director.—There shall be a Deputy Director who shall report directly to the Director, and who shall be appointed by the President, and shall serve at the pleasure of the President.
“(C) Coordinators.—The following coordinators shall be appointed by the Director:
“(i) Performance Budget Coordinator, as described in section 704(c)(4).
“(ii) Interdiction Coordinator, as described in section 711.
“(iii) Emerging and Continuing Threats Coordinator, as described in section 709.
“(iv) State, Local, and Tribal Affairs Coordinator, to carry out the activities described in section 704(j).
“(v) Demand Reduction Coordinator, as described in subparagraph (D).
“(D) Demand reduction coordinator.—The Director shall designate or appoint a United States Demand Reduction Coordinator to be responsible for the activities described in section 702(3). The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent).”
in paragraph (5), by striking “ such official” and inserting “ such officer or employee”; and
by adding at the end the following:
“(6) Prohibition on the use of funds for ballot initiatives.—No funds authorized under this title may be obligated for the purpose of expressly advocating the passage or defeat of a State or local ballot initiative.”
Consultation.— Section 704(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)) is amended—
in paragraph (19), by striking “ ; and” and inserting a semicolon;
in paragraph (20), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(21) in order to formulate the national drug control policies, goals, objectives, and priorities—
“(A) shall consult with and assist—
“(i) State and local governments;
“(ii) National Drug Control Program Agencies;
“(iii) each committee, working group, council, or other entity established under this chapter, as appropriate;
“(iv) the public;
“(v) appropriate congressional committees; and
“(vi) any other person in the discretion of the Director; and
“(B) may—
“(i) establish advisory councils;
“(ii) acquire data from agencies; and
“(iii) request data from any other entity.”
National Drug Control Program Budget.— Section 704(c) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(c)) is amended—
in paragraph (2)—
in subparagraph (A), by striking “ paragraph (1)(C);” and inserting the following:
“(i) the funding level for each National Drug Control Program agency; and
“(ii) alternative funding structures that could improve progress on achieving the goals fo the National Drug Control Strategy; and”
in subparagraph (B), strike “the President; and” and inserting “ the President and Congress.”; and
by striking subparagraph (C);
in paragraph (3)(E), by striking clause (ii) and inserting the following:
“(ii) Certification.—The Director shall—
“(I) review each budget submission submitted under subparagraph (A);
“(II) based on the review under clause (i), make a determination as to whether the budget submission of a National Drug Control Program agency includes the funding levels and initiatives described in subparagraph (B); and
“(III) submit to the appropriate congressional committees—
“(aa) a written statement that either—
“(AA) certifies that the budget submission includes sufficient funding; or
“(BB) decertifies the budget submission as not including sufficient funding;
“(bb) a copy of the description made under subparagraph (B); and
“(cc) the budget recommendations made under subsection (b)(8).”
; and
by adding at the end the following:
“(5) Performance-budget coordinator.—
“(A) Designation.—The Director shall designate or appoint a United States Performance-Budget Coordinator to—
“(i) ensure the Director has sufficient information necessary to analyze the performance of each National Drug Control Program Agency, the impact Federal funding has had on the goals in the Strategy, and the likely contributions to the goals of the Strategy based on funding levels of each National Drug Control Program Agency, to make an independent assessment of the budget request of each agency under this subsection;
“(ii) advise the Director on agency budgets, performance measures and targets, and additional data and research needed to make informed policy decisions under this section and section 706; and
“(iii) other duties as may be determined by the Director with respect to measuring or assessing performance or agency budgets.
“(B) Determination of position.—The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent).
“(6) Budget estimate or request submission to congress.—Whenever the Director submits any budget estimate or request to the President or the Office of Management and Budget, the Director shall concurrently transmit to the appropriate congressional committees a detailed statement of the budgetary needs of the Office to execute its mission based on the good-faith assessment of the Director.”
Powers and Responsibilities of the Director.— Section 704 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703) is amended—
in subsection (d)(8)—
in subparagraph (D), by striking “ and” at the end;
in subparagraph (E)—
in clause (i)—
by striking “ Congress, including to the Committees on Appropriations of the Senate and the House of Representatives, the authorizing committees for the Office,” and inserting “ the appropriate congressional committees”; and
by striking “ or agencies”;
in clause (ii)—
by striking “ Congress” and inserting “ the appropriate congressional committees”; and
by adding “ and” at the end; and
by adding at the end the following:
“(iii) funds may only be used for—
“(I) expansion of demand reduction activities;
“(II) interdiction of illicit drugs on the high seas, in United States territorial waters, and at United States ports of entry by officers and employees of National Drug Control Program Agencies and domestic and foreign law enforcement officers;
“(III) accurate assessment and monitoring of international drug production and interdiction programs and policies;
“(IV) activities to facilitate and enhance the sharing of domestic and foreign intelligence information among National Drug Control Program Agencies related to the production and trafficking of drugs in the United States and foreign countries; and
“(V) research related to any of these activities.”
in subsection (e)(2)(A), by striking “ Notwithstanding any other provision of law” and inserting “ Subject to the availability of appropriations”; and
by adding at the end the following:
“(i) Model Acts Program.—
“(1) In general.—The Director shall provide for or shall enter into an agreement with a nonprofit organization to—
“(A) advise States on establishing laws and policies to address illicit drug use issues; and
“(B) revise such model State drug laws and draft supplementary model State laws to take into consideration changes in illicit drug use issues in the State involved.
“(2) Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $1,250,000 for each of fiscal years 2018 through 2023.
“(j) State, Local, and Tribal Affairs Coordinator.—The Director shall designate or appoint a United States State, Local, and Tribal Affairs Coordinator to perform the duties of the Office outlined in this section and 706 and such other duties as may be determined by the Director with respect to coordination of drug control efforts between agencies and State, local, and Tribal governments. The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent).
“(k) Harm Reduction Programs.—When developing the national drug control policy, any policy of the Director, including policies relating to syringe exchange programs for intravenous drug users, shall be based on the best available medical and scientific evidence regarding the effectiveness of such policy in promoting individual health and preventing the spread of infectious disease and the impact of such policy on drug addiction and use. In making any policy relating to harm reduction programs, the Director shall consult with the National Institutes of Health and the National Academy of Sciences.”
Accounting of Funds Expended.— Section 705 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1704(d)), as amended by section 8207 is further amended—
by amending subsection (d) to read as follows:
“(d) Accounting of Funds Expended.—
“(1) In general.—Not later than February 1 of each year, in accordance with guidance issued by the Director, the head of each National Drug Control Program Agency shall submit to the Director a detailed accounting of all funds expended by the agency for National Drug Control Program activities during the previous fiscal year and shall ensure such detailed accounting is authenticated for the previous fiscal year by the Inspector General for such agency prior to the submission to the Director as frequently as determined by the Inspector General but not less frequently that every 3 years.
“(2) Submission to congress.—The Director shall submit to Congress not later than April 1 of each year the information submitted to the Director under paragraph (1).”
; and
by adding at the end the following:
“(f) Tracking System for Federally Funded Grant Programs.—
“(1) Establishment.—The Director, or the head of an agency designated by the Director, in coordination with the Secretary of Health and Human Services, shall track federally-funded grant programs to—
“(A) ensure the public has electronic access to information identifying:
“(i) all drug control grants and pertinent identifying information for each grant;
“(ii) any available performance metrics, evaluations, or other information indicating the effectiveness of such programs;
“(B) facilitate efforts to identify duplication, overlap, or gaps in funding to provide increased accountability of Federally-funded grants for substance use disorder treatment, prevention, and enforcement; and
“(C) identify barriers in the grant application process impediments that applicants currently have in the grant application process with applicable agencies.
“(2) National drug control agencies.—The head of each National Drug Control Program Agency shall provide to the Director a complete list of all drug control program grant programs and any other relevant information for inclusion in the system developed under paragraph (1) and annually update such list.
“(3) Updating existing systems.—The Director may meet the requirements of this subsection by utilizing, updating, or improving existing Federal information systems to ensure they meet the requirements of this subsection.
“(4) Report.—Not later than 3 years after the date of enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report examining implementation of this subsection.”
Technical and Conforming Amendment.— Section 1105 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 1701 note) is repealed.
SEC. 8218. Emerging Threats Committee, Plan, and Media Campaign.
In General.— Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended to read as follows:
“SEC. 709. EMERGING THREATS COMMITTEE, PLAN, AND MEDIA CAMPAIGN.
“(a) Emerging Threats Coordinator.—The Director shall designate or appoint a United States Emerging and Continuing Threats Coordinator to perform the duties of that position described in this section and such other duties as may be determined by the Director. The Director shall determine whether the coordinator position is a noncareer appointee in the Senior Executive Service or a career appointee in a position at level 15 of the General Schedule (or equivalent).
“(b) Emerging Threats Committee.—
“(1) In general.—The Emerging Threats Committee shall—
“(A) monitor evolving and emerging drug threats in the United States;
“(B) identify and discuss evolving and emerging drug trends in the United States using the criteria required to be established under paragraph (6);
“(C) assist in the formulation of and oversee implementation of any plan described in subsection (d);
“(D) provide such other advice to the Coordinator and Director concerning strategy and policies for emerging drug threats and trends as the Committee determines to be appropriate; and
“(E) disseminate and facilitate the sharing with Federal, State, local, and Tribal officials and other entities as determined by the Director of pertinent information and data relating to—
“(i) recent trends in drug supply and demand;
“(ii) fatal and nonfatal overdoses;
“(iii) demand for and availability of evidence-based substance use disorder treatment, including the extent of the unmet treatment need, and treatment admission trends;
“(iv) recent trends in drug interdiction, supply, and demand from State, local, and Tribal law enforcement agencies; and
“(v) other subject matter as determined necessary by the Director.
“(2) Chairperson.—The Director shall designate one of the members of the Emerging Threats Committee to serve as Chairperson.
“(3) Members.—The Director shall appoint other members of the Committee, which shall include—
“(A) representatives from National Drug Control Program Agencies or other agencies;
“(B) representatives from State, local, and Tribal governments; and
“(C) representatives from other entities as designated by the Director.
“(4) Meetings.—The members of the Emerging Threats Committee shall meet, in person and not through any delegate or representative, not less frequently than once per calendar year, before June 1. At the call of the Director or the Chairperson, the Emerging Threats Committee may hold additional meetings as the members may choose.
“(5) Contract, agreement, and other authority.—The Director may award contracts, enter into interagency agreements, manage individual projects, and conduct other activities in support of the identification of emerging drug threats and in support of the development, implementation, and assessment of any Emerging Threat Response Plan.
“(6) Criteria to identify emerging drug threats.—Not later than 180 days after the date on which the Committee first meets, the Committee shall develop and recommend to the Director criteria to be used to identify an emerging drug threat or the termination of an emerging drug threat designation based on information gathered by the Committee, statistical data, and other evidence.
“(c) Designation.—
“(1) In general.—The Director, in consultation with the Coordinator, the Committee, and the head of each National Drug Control Program Agency, may designate an emerging drug threat in the United States.
“(2) Standards for designation.—The Director, in consultation with the Coordinator, shall promulgate and make publicly available standards by which a designation under paragraph (1) and the termination of such designation may be made. In developing such standards, the Director shall consider the recommendations of the committee and other criteria the Director considers to be appropriate.
“(3) Public statement required.—The Director shall publish a public written statement on the portal of the Office explaining the designation of an emerging drug threat or the termination of such designation and shall notify the appropriate congressional committees of the availability of such statement when a designation or termination of such designation has been made.
“(d) Plan.—
“(1) Public availability of plan.—Not later than 90 days after making a designation under subsection (c), the Director shall publish and make publicly available an Emerging Threat Response Plan and notify the President and the appropriate congressional committees of such plan’s availability.
“(2) Timing.—Concurrently with the annual submissions under section 706(g), the Director shall update the plan and report on implementation of the plan, until the Director issues the public statement required under subsection (c)(3) to terminate the emerging drug threat designation.
“(3) Contents of an emerging threat response plan.—The Director shall include in the plan required under this subsection—
“(A) a comprehensive strategic assessment of the emerging drug threat, including the current availability of, demand for, and effectiveness of evidence-based prevention, treatment, and enforcement programs and efforts to respond to the emerging drug threat;
“(B) comprehensive, research-based, short- and long-term, quantifiable goals for addressing the emerging drug threat, including for reducing the supply of the drug designated as the emerging drug threat and for expanding the availability and effectiveness of evidence-based substance use disorder treatment and prevention programs to reduce the demand for the emerging drug threat;
“(C) performance measures pertaining to the plan’s goals, including quantifiable and measurable objectives and specific targets;
“(D) the level of funding needed to implement the plan, including whether funding is available to be reprogrammed or transferred to support implementation of the plan or whether additional appropriations are necessary to implement the plan;
“(E) an implementation strategy for the media campaign under subsection (f), including goals as described under subparagraph (B) of this paragraph and performance measures, objectives, and targets, as described under subparagraph (C) of this paragraph; and
“(F) any other information necessary to inform the public of the status, progress, or response of an emerging drug threat.
“(4) Implementation.—
“(A) In general.—Not later than 120 days after the date on which a designation is made under subsection (c), the Director, in consultation with the President, the appropriate congressional committees, and the head of each National Drug Control Program Agency, shall issue guidance on implementation of the plan described in this subsection to the National Drug Control Program Agencies and any other relevant agency determined to be necessary by the Director.
“(B) Coordinator’s responsibilities.—The Coordinator shall—
“(i) direct the implementation of the plan among the agencies identified in the plan, State, local, and Tribal governments, and other relevant entities;
“(ii) facilitate information-sharing between agencies identified in the plan, State, local, and Tribal governments, and other relevant entities; and
“(iii) monitor implementation of the plan by coordinating the development and implementation of collection and reporting systems to support performance measurement and adherence to the plan by agencies identified in plan, where appropriate.
“(C) Reporting.—Not later than 180 days after the date on which a designation is made under subsection (c) and in accordance with subparagraph (A), the head of each agency identified in the plan shall submit to the Coordinator a report on implementation of the plan.
“(e) Evaluation of Media Campaign.—Upon designation of an emerging drug threat, the Director shall evaluate whether a media campaign would be appropriate to address that threat.
“(f) National Anti-drug Media Campaign.—
“(1) In general.—The Director shall, to the extent feasible and appropriate, conduct a national anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this subsection for the purposes of—
“(A) preventing substance abuse among people in the United States;
“(B) educating the public about the dangers and negative consequences of substance use and abuse, including patient and family education about the characteristics and hazards of substance abuse and methods to safeguard against substance use, to include the safe disposal of prescription medications;
“(C) supporting evidence-based prevention programs targeting the attitudes, perception, and beliefs of persons concerning substance use and intentions to initiate or continue such use;
“(D) encouraging individuals affected by substance use disorders to seek treatment and providing such individuals with information on—
“(i) how to recognize addiction issues;
“(ii) what forms of evidence-based treatment options are available; and
“(iii) how to access such treatment;
“(E) combating the stigma of addiction and substance use disorders, including the stigma of treating such disorders with medication-assisted treatment therapies; and
“(F) informing the public about the dangers of any drug identified by the Director as an emerging drug threat as appropriate.
“(2) Use of funds.—
“(A) In general.—Amounts made available to carry out this subsection for the national media campaign may only be used for the following:
“(i) The purchase of media time and space, including the strategic planning for, tracking, and accounting of, such purchases.
“(ii) Creative and talent costs, consistent with subparagraph (B)(i).
“(iii) Advertising production costs, which may include television, radio, internet, social media, and other commercial marketing venues.
“(iv) Testing and evaluation of advertising.
“(v) Evaluation of the effectiveness of the national media campaign.
“(vi) Costs of contracts to carry out activities authorized by this subsection.
“(vii) Partnerships with professional and civic groups, community-based organizations, including faith-based organizations, and government organizations related to the national media campaign.
“(viii) Entertainment industry outreach, interactive outreach, media projects and activities, public information, news media outreach, and corporate sponsorship and participation.
“(ix) Operational and management expenses.
“(B) Specific requirements.—
“(i) Creative services.—In using amounts for creative and talent costs under subparagraph (A)(ii), the Director shall use creative services donated at no cost to the Government wherever feasible and may only procure creative services for advertising—
“(I) responding to high-priority or emergent campaign needs that cannot timely be obtained at no cost; or
“(II) intended to reach a minority, ethnic, or other special audience that cannot reasonably be obtained at no cost.
“(ii) Testing and evaluation of advertising.—In using amounts for testing and evaluation of advertising under subparagraph (A)(iv), the Director shall test all advertisements prior to use in the national media campaign to ensure that the advertisements are effective with the target audience and meet industry-accepted standards. The Director may waive this requirement for advertisements using no more than 10 percent of the purchase of advertising time purchased under this subsection in a fiscal year and no more than 10 percent of the advertising space purchased under this subsection in a fiscal year, if the advertisements respond to emergent and time-sensitive campaign needs or the advertisements will not be widely utilized in the national media campaign.
“(iii) Consultation.—For the planning of the campaign under paragraph (1), the Director may consult with—
“(I) the head of any appropriate National Drug Control Program Agency;
“(II) experts on the designated drug;
“(III) State, local, and Tribal government officials and relevant agencies;
“(IV) communications professionals;
“(V) the public; and
“(VI) appropriate congressional committees.
“(iv) Evaluation of effectiveness of national media campaign.—In using amounts for the evaluation of the effectiveness of the national media campaign under subparagraph (A)(v), the Director shall—
“(I) designate an independent entity to evaluate by April 20 of each year the effectiveness of the national media campaign based on data from—
“(aa) the Monitoring the Future Study published by the Department of Health and Human Services;
“(bb) the National Survey on Drug Use and Health; and
“(cc) other relevant studies or publications, as determined by the Director, including tracking and evaluation data collected according to marketing and advertising industry standards; and
“(II) ensure that the effectiveness of the national media campaign is evaluated in a manner that enables consideration of whether the national media campaign has contributed to changes in attitude or behaviors among the target audience with respect to substance use and such other measures of evaluation as the Director determines are appropriate.
“(3) Advertising.—In carrying out this subsection, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
“(4) Responsibilities and functions under the program.—
“(A) In general.—The Director shall determine the overall purposes and strategy of the national media campaign.
“(B) Director.—
“(i) In general.—The Director shall approve—
“(I) the strategy of the national media campaign;
“(II) all advertising and promotional material used in the national media campaign; and
“(III) the plan for the purchase of advertising time and space for the national media campaign.
“(ii) Implementation.—The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in paragraph (1) and shall ensure—
“(I) information disseminated through the campaign is accurate and scientifically valid; and
“(II) the campaign is designed using strategies demonstrated to be the most effective at achieving the goals and requirements of paragraph (1), which may include—
“(aa) a media campaign, as described in paragraph (2);
“(bb) local, regional, or population specific messaging;
“(cc) the development of websites to publicize and disseminate information;
“(dd) conducting outreach and providing educational resources for parents;
“(ee) collaborating with law enforcement agencies; and
“(ff) providing support for school-based public health education classes to improve teen knowledge about the effects of substance use.
“(5) Prohibitions.—None of the amounts made available under paragraph (2) may be obligated or expended for any of the following:
“(A) To supplant current anti-drug community-based coalitions.
“(B) To supplant pro bono public service time donated by national and local broadcasting networks for other public service campaigns.
“(C) For partisan political purposes, or to express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal.
“(D) To fund advertising that features any elected officials, persons seeking elected office, cabinet level officials, or other Federal officials employed pursuant to section 213 of Schedule C of title 5, Code of Federal Regulations.
“(E) To fund advertising that does not contain a primary message intended to reduce or prevent substance use.
“(F) To fund advertising containing a primary message intended to promote support for the national media campaign or private sector contributions to the national media campaign.
“(6) Matching requirement.—
“(A) In general.—Amounts made available under paragraph (2) for media time and space shall be matched by an equal amount of non-Federal funds for the national media campaign, or be matched with in-kind contributions of the same value.
“(B) No-cost match advertising direct relationship requirement.—The Director shall ensure that not less than 85 percent of no-cost match advertising directly relates to substance abuse prevention consistent with the specific purposes of the national media campaign.
“(C) No-cost match advertising not directly related.—The Director shall ensure that no-cost match advertising that does not directly relate to substance abuse prevention consistent with the purposes of the national media campaign includes a clear anti-drug message. Such message is not required to be the primary message of the match advertising.
“(7) Financial and performance accountability.—The Director shall cause to be performed—
“(A) audits and reviews of costs of the national media campaign pursuant to section 4706 of title 41, United States Code; and
“(B) an audit to determine whether the costs of the national media campaign are allowable under chapter 43 of title 41, United States Code.
“(8) Report to congress.—The Director shall submit on an annual basis a report to Congress that describes—
“(A) the strategy of the national media campaign and whether specific objectives of the national media campaign were accomplished;
“(B) steps taken to ensure that the national media campaign operates in an effective and efficient manner consistent with the overall strategy and focus of the national media campaign;
“(C) plans to purchase advertising time and space;
“(D) policies and practices implemented to ensure that Federal funds are used responsibly to purchase advertising time and space and eliminate the potential for waste, fraud, and abuse;
“(E) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign;
“(F) the results of any financial audit of the national media campaign;
“(G) a description of any evidence used to develop the national media campaign;
“(H) specific policies and steps implemented to ensure compliance with this section;
“(I) a detailed accounting of the amount of funds obligated during the previous fiscal year for carrying out the national media campaign, including each recipient of funds, the purpose of each expenditure, the amount of each expenditure, any available outcome information, and any other information necessary to provide a complete accounting of the funds expended; and
“(J) a review and evaluation of the effectiveness of the national media campaign strategy for the past year.
“(9) Required notice for communication from the office.—Any communication, including an advertisement, paid for or otherwise disseminated by the Office directly or through a contract awarded by the Office shall include a prominent notice informing the audience that the communication was paid for by the Office.
“(g) Authorization of Appropriations.—There is authorized to be appropriated to the Office to carry out this section, $25,000,000 for each of fiscal years 2018 through 2023.”
Technical and Conforming Amendment.— Subsection (a) of section 203 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 1708a) is repealed.
SEC. 8219. Drug Interdiction.
Repeal.— This first section 711 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1710) is repealed.
Amendments.— Section 711 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1710), as added by Public Law 109–469 (120 Stat. 3507), is amended—
in subsection (a)—
in paragraph (1)—
by striking “ The United” and inserting “ The Director shall designate or appoint an appointee in the Senior Executive Service or an appointee in a position at level 15 of the General Schedule (or equivalent) as the United”; and
by striking “ shall” and inserting “ to”;
in paragraph (2)(B)—
by striking “ March 1” and inserting “ September 1”; and
by striking “ paragraph (3)” and inserting “ paragraph (4)”;
in paragraph (3)—
by striking “ also, at his discretion,”; and
by striking “ the Office of Supply Reduction for that purpose” and inserting “ assist in carrying out such responsibilities”; and
in paragraph (4)—
in subparagraph (B), by striking “ The United” and inserting “ Before submission of the National Drug Control Strategy or annual assessment required under section 706, as applicable, the United”;
by striking subparagraphs (C) and (E);
by redesignating subparagraph (D) as subparagraph (C);
in subparagraph (C), as so redesignated—
in the matter preceding clause (i)—
by striking “ March 1” and inserting “ September 1”;
by inserting “ the Director, acting through” before “ the United States”;
by inserting a comma after “ Coordinator”;
by striking “ a report on behalf of the Director”; and
by striking “ , which shall include” and inserting “ a report that”;
by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), and adjusting the margins accordingly;
by inserting before subclause (I), as so redesignated, the following:
“(i) includes—”
in clause (i), as so redesignated—
in subclause (I), as so redesignated, by inserting “ , including information about how each National Drug Control Program agency conducting drug interdiction activities is engaging with relevant international partners” after “ Plan”;
in subclause (II), as so redesignated, by striking “ , as well as” and inserting “ and”;
in subclause III, as so redesignated—
by striking “ , as well as” and inserting “ and”; and
by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(ii) may include recommendations for changes to existing agency authorities or laws governing interagency relationships.”
; and
by adding at the end the following:
“(D) Classified annex.—Each report required to be submitted under subparagraph (C) shall be in unclassified form, but may include a classified annex.”
in subsection (b)—
in paragraph (1)(B), by inserting “ and how to strengthen international partnerships to better achieve the goals of that plan” after “ that plan”;
in paragraph (2)—
in the paragraph heading, by striking “ Chairman” and inserting “ Chairperson”; and
by striking “ chairman” and inserting “ Chairperson”;
in paragraph (3)—
by striking “ prior to March 1” and inserting “ before June 1”;
by striking “ either” each place it appears;
by striking “ current chairman” and inserting “ Chairperson”; and
by striking “ they” and inserting “ the members”; and
in paragraph (4)—
by striking “ chairman” each place it appears and inserting “ Chairperson”;
in the first sentence, by striking “ a report”;
by inserting “ a report” after “ committees”; and
by striking the second sentence and inserting the following: “ The report required under this paragraph shall be in unclassified form, but may include a classified annex.”; and
by adding at the end the following:
“(c) International Coordination.—The Director may facilitate international drug control coordination efforts.”
SEC. 8220. Gao Audit.
Not later than 4 years after the date of enactment of this Act, and every 4 years thereafter, the Comptroller General of the United States shall—
conduct an audit relating to the programs and operations of—
the Office; and
certain programs within the Office, including—
the High Intensity Drug Trafficking Areas Program;
the Drug-Free Communities Program; and
the campaign under section 709(f) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708(f)); and
submit to the Director and the appropriate congressional committees a report containing an evaluation of and recommendations on the—
policies and activities of the programs and operations subject to the audit;
economy, efficiency, and effectiveness in the administration of the reviewed programs and operations; and
policy or management changes needed to prevent and detect fraud and abuse in such programs and operations.
SEC. 8221. National Drug Control Strategy.
In General.— Section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705) is amended to read as follows:
“SEC. 706. NATIONAL DRUG CONTROL STRATEGY.
“(a) In General.—
“(1) Statement of drug policy priorities.—The Director shall release a statement of drug control policy priorities in the calendar year of a Presidential inauguration following the inauguration, but not later than April 1.
“(2) National drug control strategy submitted by the president.—Not later than the first Monday in February following the year in which the term of the President commences, and every 2 years thereafter, the President shall submit to Congress a National Drug Control Strategy.
“(b) Development of the National Drug Control Strategy.—
“(1) Promulgation.—The Director shall promulgate the National Drug Control Strategy, which shall set forth a comprehensive plan to reduce illicit drug use and the consequences of such illicit drug use in the United States by limiting the availability of and reducing the demand for illegal drugs and promoting prevention, early intervention, treatment, and recovery support for individuals with substance use disorders.
“(2) State and local commitment.—The Director shall seek the support and commitment of State, local, and Tribal officials in the formulation and implementation of the National Drug Control Strategy.
“(3) Strategy based on evidence.—The Director shall ensure the National Drug Control Strategy is based on the best available evidence regarding the policies that are most effective in reducing the demand for and supply of illegal drugs.
“(4) Process for development and submission of national drug control strategy.—In developing and effectively implementing the National Drug Control Strategy, the Director—
“(A) shall consult with—
“(i) the heads of the National Drug Control Program Agencies;
“(ii) each Coordinator listed in section 704;
“(iii) the Interdiction Committee and the Emerging Threats Committee;
“(iv) the appropriate congressional committees and any other committee of jurisdiction;
“(v) State, local, and Tribal officials;
“(vi) private citizens and organizations, including community and faith-based organizations, with experience and expertise in demand reduction;
“(vii) private citizens and organizations with experience and expertise in supply reduction; and
“(viii) appropriate representatives of foreign governments; and
“(B) in satisfying the requirements of subparagraph (A), shall ensure, to the maximum extent possible, that State, local, and Tribal officials and relevant private organizations commit to support and take steps to achieve the goals and objectives of the National Drug Control Strategy.
“(c) Contents of the National Drug Control Strategy.—
“(1) In general.—The National Drug Control Strategy submitted under subsection (a)(2) shall include the following:
“(A) A mission statement detailing the major functions of the National Drug Control Program.
“(B) Comprehensive, research-based, long-range, quantifiable goals for reducing illicit drug use, and the consequences of illicit drug use in the United States.
“(C) Annual quantifiable and measurable objectives and specific targets to accomplish long-term quantifiable goals that the Director determines may be achieved during each year beginning on the date on which the National Drug Control Strategy is submitted.
“(D) A 5-year projection for the National Drug Control Program and budget priorities.
“(E) A review of international, State, local, and private sector drug control activities to ensure that the United States pursues coordinated and effective drug control at all levels of government.
“(F) A description of how each goal established under subparagraph (B) will be achieved, including for each goal—
“(i) a list of each relevant National Drug Control Program Agency and each such agency’s related programs, activities, and available assets and the role of each such program, activity, and asset in achieving such goal;
“(ii) a list of relevant stakeholders and each such stakeholder’s role in achieving such goal;
“(iii) an estimate of Federal funding and other resources needed to achieve such goal;
“(iv) a list of each existing or new coordinating mechanism needed to achieve such goal; and
“(v) a description of the Office’s role in facilitating the achievement of such goal.
“(G) For each year covered by the Strategy, a performance evaluation plan for each goal established under subparagraph (B) for each National Drug Control Program Agency, including—
“(i) specific performance measures for each National Drug Control Program Agency;
“(ii) annual and, to the extent practicable, quarterly objectives and targets for each performance measure; and
“(iii) an estimate of Federal funding and other resources needed to achieve each performance objective and target.
“(H) A list identifying existing data sources or a description of data collection needed to evaluate performance, including a description of how the Director will obtain such data.
“(I) A list of any anticipated challenges to achieving the National Drug Control Strategy goals and planned actions to address such challenges.
“(J) A description of how each goal established under subparagraph (B) was determined, including—
“(i) a description of each required consultation and a description of how such consultation was incorporated; and
“(ii) data, research, or other information used to inform the determination to establish the goal.
“(K) A description of the current prevalence of illicit drug use in the United States, including both the availability of illicit drugs and the prevalence of substance use disorders.
“(L) Such other statistical data and information as the Director considers appropriate to demonstrate and assess trends relating to illicit drug use, the effects and consequences of illicit drug use (including the effects on children), supply reduction, demand reduction, drug-related law enforcement, and the implementation of the National Drug Control Strategy.
“(M) A systematic plan for increasing data collection to enable real time surveillance of drug control threats, developing analysis and monitoring capabilities, and identifying and addressing policy questions related to the National Drug Control Strategy and Program, which shall include—
“(i) a list of policy-relevant questions for which the Director and each National Drug Control Program Agency intends to develop evidence to support the National Drug Control Program and Strategy;
“(ii) a list of data the Director and each National Drug Control Program Agency intends to collect, use, or acquire to facilitate the use of evidence in drug control policymaking and monitoring;
“(iii) a list of methods and analytical approaches that may be used to develop evidence to support the National Drug Control Program and Strategy and related policy;
“(iv) a list of any challenges to developing evidence to support policymaking, including any barriers to accessing, collecting, or using relevant data;
“(v) a description of the steps the Director and the head of each National Drug Control Program Agency will take to effectuate the plan; and
“(vi) any other relevant information as determined by the Director.
“(N) A plan to expand treatment of substance use disorders, which shall—
“(i) identify unmet needs for treatment for substance use disorders and a strategy for closing the gap between available and needed treatment;
“(ii) describe the specific roles and responsibilities of the relevant National Drug Control Programs for implementing the plan;
“(iii) identify the specific resources required to enable the relevant National Drug Control Agencies to implement that strategy; and
“(iv) identify the resources, including private sources, required to eliminate the unmet need for evidence-based substance use disorder treatment.
“(2) Consultation.—In developing the plan required under paragraph (1), the Director shall consult with the following:
“(A) The public.
“(B) Any evaluation or analysis units and personnel of the Office.
“(C) Office officials responsible for implementing privacy policy.
“(D) Office officials responsible for data governance.
“(E) The appropriate congressional committees.
“(F) Any other individual or entity as determined by the Director.
“(3) Additional strategies.—
“(A) In general.—The Director shall include in the National Drug Control Strategy the additional strategies described under this paragraph and shall comply with the following:
“(i) Provide a copy of the additional strategies to the appropriate congressional committees and to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate.
“(ii) Issue the additional strategies in consultation with the head of each relevant National Drug Control Program Agency, any relevant official of a State, local, or Tribal government, and the government of other relevant countries.
“(iii) Not change any existing agency authority or construe any strategy described under this paragraph to amend or modify any law governing interagency relationship but may include recommendations about changes to such authority or law.
“(iv) Present separately from the rest of any strategy described under this paragraph any information classified under criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant National Drug Control Program Agency, would be detrimental to the law enforcement or national security activities of any Federal, State, local, or Tribal agency.
“(B) Requirement for southwest border counternarcotics strategy.—
“(i) Purposes.—The Southwest Border Counternarcotics Strategy shall—
“(I) set forth the Government’s strategy for preventing the illegal trafficking of drugs across the international border between the United States and Mexico, including through ports of entry and between ports of entry on that border;
“(II) state the specific roles and responsibilities of the relevant National Drug Control Program Agencies for implementing that strategy; and
“(III) identify the specific resources required to enable the relevant National Drug Control Program Agencies to implement that strategy.
“(ii) Specific content related to drug tunnels between the united states and mexico.—The Southwest Border Counternarcotics Strategy shall include—
“(I) a strategy to end the construction and use of tunnels and subterranean passages that cross the international border between the United States and Mexico for the purpose of illegal trafficking of drugs across such border; and
“(II) recommendations for criminal penalties for persons who construct or use such a tunnel or subterranean passage for such a purpose.
“(C) Requirement for northern border counternarcotics strategy.—
“(i) Purposes.—The Northern Border Counternarcotics Strategy shall—
“(I) set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs across the international border between the United States and Canada, including through ports of entry and between ports of entry on the border;
“(II) state the specific roles and responsibilities of each relevant National Drug Control Program Agency for implementing the strategy;
“(III) identify the specific resources required to enable the relevant National Drug Control Program Agencies to implement the strategy;
“(IV) be designed to promote, and not hinder, legitimate trade and travel; and
“(V) reflect the unique nature of small communities along the international border between the United States and Canada, ongoing cooperation and coordination with Canadian law, enforcement authorities, and variations in the volumes of vehicles and pedestrians crossing through ports of entry along the international border between the United States and Canada.
“(ii) Specific content related to cross-border indian reservations.—The Northern Border Counternarcotics Strategy shall include—
“(I) a strategy to end the illegal trafficking of drugs to or through Indian reservations on or near the international border between the United States and Canada; and
“(II) recommendations for additional assistance, if any, needed by Tribal law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.
“(4) Classified information.—Any contents of the National Drug Control Strategy that involve information properly classified under criteria established by an Executive order shall be presented to Congress separately from the rest of the National Drug Control Strategy.
“(5) Selection of data and information.—In selecting data and information for inclusion in the Strategy, the Director shall ensure—
“(A) the inclusion of data and information that will permit analysis of current trends against previously compiled data and information where the Director believes such analysis enhances long-term assessment of the National Drug Control Strategy; and
“(B) the inclusion of data and information to permit a standardized and uniform assessment of the effectiveness of drug treatment programs in the United States.
“(d) Submission of Revised Strategy.—The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section—
“(1) at any time, upon a determination of the President, in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; or
“(2) if a new President or Director takes office.
“(e) Failure of Director to Submit National Drug Control Strategy.—If the Director does not submit a National Drug Control Strategy to Congress in accordance with subsection (a)(2), not later than five days after the first Monday in February following the year in which the term of the President commences, the Director shall send a notification to the appropriate congressional committees—
“(1) explaining why the Strategy was not submitted; and
“(2) specifying the date by which the Strategy will be submitted.
“(f) Drug Control Data Dashboard.—
“(1) In general.—The Director shall collect and disseminate, as appropriate, such information as the Director determines is appropriate, but not less than the information described in this subsection. The data shall be publicly available in a machine-readable format on the online portal of the Office, and to the extent practicable on the Drug Control Data Dashboard.
“(2) Establishment.—The Director shall publish to the online portal of the office in a machine-readable, sortable, and searchable format, or to the extent practicable, establish and maintain a data dashboard on the online portal of the Office to be known as the ‘Drug Control Data Dashboard’. To the extent practicable, when establishing the Drug Control Dashboard, the Director shall ensure the user interface of the dashboard is constructed with modern design standards. To the extent practicable, the data made available on the dashboard shall be publicly available in a machine-readable format and searchable by year, agency, drug, and location.
“(3) Data.—The data included in the Drug Control Data Dashboard shall be updated quarterly to the extent practicable, but not less frequently than annually and shall include, at a minimum, the following:
“(A) For each substance identified by the Director as having a significant impact on the prevalence of illicit drug use—
“(i) data sufficient to show the quantities of such substance available in the United States, including—
“(I) the total amount seized and disrupted in the calendar year and each of the previous 3 calendar years, including to the extent practicable the amount seized by State, local, and Tribal governments;
“(II) the known and estimated flows into the United States from all sources in the calendar year and each of the previous 3 calendar years;
“(III) the total amount of known flows that could not be interdicted or disrupted in the calendar year and each of the previous 3 calendar years;
“(IV) the known and estimated levels of domestic production in the calendar year and each of the previous three calendar years, including the levels of domestic production if the drug is a prescription drug, as determined under the Federal Food, Drug, and Cosmetic Act, for which a listing is in effect under section 202 of the Controlled Substances Act (21 U.S.C. 812);
“(V) the average street price for the calendar year and the highest known street price during the preceding 10-year period; and
“(VI) to the extent practicable, related prosecutions by State, local, and Tribal governments;
“(ii) data sufficient to show the frequency of use of such substance, including—
“(I) use of such substance in the workplace and productivity lost by such use;
“(II) use of such substance by arrestees, probationers, and parolees;
“(III) crime and criminal activity related to such substance;
“(IV) to the extent practicable, related prosecutions by State, local, and Tribal governments;
“(B) For the calendar year and each of the previous three years data sufficient to show, disaggregated by State and, to the extent feasible, by region within a State, county, or city, the following:
“(i) The number of fatal and non-fatal overdoses caused by each drug identified under subparagraph (A)(i).
“(ii) The prevalence of substance use disorders.
“(iii) The number of individuals who have received substance use disorder treatment, including medication assisted treatment, for a substance use disorder, including treatment provided through publicly-financed health care programs.
“(iv) The extent of the unmet need for substance use disorder treatment, including the unmet need for medication-assisted treatment.
“(C) Data sufficient to show the extent of prescription drug diversion, trafficking, and misuse in the calendar year and each of the previous 3 calendar years.
“(D) Any quantifiable measures the Director determines to be appropriate to detail progress toward the achievement of the goals of the National Drug Control Strategy.
“(g) Development of an Annual National Drug Control Assessment.—
“(1) Timing.—Not later than the first Monday in February of each year, the Director shall submit to the President, Congress, and the appropriate congressional committees, a report assessing the progress of each National Drug Control Program Agency toward achieving each goal, objective, and target contained in the National Drug Control Strategy applicable to the prior fiscal year.
“(2) Process for development of the annual assessment.—Not later than November 1 of each year, the head of each National Drug Control Program Agency shall submit, in accordance with guidance issued by the Director, to the Director an evaluation of progress by the agency with respect to the National Drug Control Strategy goals using the performance measures for the agency developed under this title, including progress with respect to—
“(A) success in achieving the goals of the National Drug Control Strategy;
“(B) success in reducing domestic and foreign sources of illegal drugs;
“(C) success in expanding access to and increasing the effectiveness of substance use disorder treatment;
“(D) success in protecting the borders of the United States (and in particular the Southwestern border of the United States) from penetration by illegal narcotics;
“(E) success in reducing crime associated with drug use in the United States;
“(F) success in reducing the negative health and social consequences of drug use in the United States;
“(G) implementation of evidence-based substance use disorder treatment and prevention programs in the United States and improvements in the adequacy and effectiveness of such programs; and
“(H) success in increasing the prevention of illicit drug use.
“(3) Contents of the annual assessment.—The Director shall include in the annual assessment required under paragraph (1)—
“(A) a summary of each evaluation received by the Director under paragraph (2);
“(B) a summary of the progress of each National Drug Control Program Agency toward the National Drug Control Strategy goals of the agency using the performance measures for the agency developed under this chapter;
“(C) an assessment of the effectiveness of each National Drug Control Program Agency and program in achieving the National Drug Control Strategy for the previous year, including a specific evaluation of whether the applicable goals, measures, objectives, and targets for the previous year were met; and
“(D) the assessments required under this subsection shall be based on the Performance Measurement System.”
Technical and Conforming Amendments.—
Section 704(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(b)) is amended—
by striking paragraphs (13) and (17); and
in paragraph (14)(A), by striking “ paragraph (13)” and inserting “ section 706(g)(2)”.
The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109–469; 120 Stat. 3502) is amended by striking sections 1110 and 1110A.
SEC. 8222. Technical and Conforming Amendments to the Office of National Drug Control Policy Reauthorization Act of 1998.
The Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.) is amended—
by striking section 703(b) (21 U.S.C. 1702(b));
in section 704 (21 U.S.C. 1703)—
in subsection (c)—
in paragraph (3)(C)—
in the matter before clause (i), by inserting “ requests a level of funding that will not enable achievement of the goals of the National Drug Control Strategy, including” after “ request that”;
in clause (iii)—
by striking “ drug treatment” and inserting “ substance use disorder prevention and treatment”; and
by striking the semicolon at the end and inserting “ ; and”;
by striking clauses (iv), (vi), and (vii);
by redesignating clause (v) as clause (iv); and
in clause (iv), as so redesignated, by striking the semicolon and inserting a period;
in paragraph (4)(A), by striking “ $1,000,000” and inserting “ $5,000,000 or 10 percent of a specific program or account”; and
in subsection (f)—
by striking the first paragraph (5); and
by striking the second paragraph (4); and
by striking section 708 (21 U.S.C. 1707).
Subtitle L Budgetary Effects
SEC. 8231. Budgetary Effect.
In General.— The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
Senate PAYGO Scorecards.— The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).