Sec. 8217. Amendments to administration of the Office
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/bill/115/hr/6/eah/section-8217A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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: 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: 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; identify and respond to emerging drug threats related to illicit drug use; 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 facilitate broad-scale information sharing and data standardization among Federal, State, and local entities to support the national drug control efforts. . 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: 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— 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 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. The Director shall maintain a list of— the source and amount of each gift or donation accepted by the Office; and 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. The Director shall include in the annual assessment under section 706(g) a copy of the registry maintained under paragraph (5). . 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: 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. 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. 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. The following coordinators shall be appointed by the Director: Performance Budget Coordinator, as described in section 704(c)(4). Interdiction Coordinator, as described in section 711. Emerging and Continuing Threats Coordinator, as described in section 709. State, Local, and Tribal Affairs Coordinator, to carry out the activities described in section 704(j). Demand Reduction Coordinator, as described in subparagraph (D). 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: 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. . 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: in order to formulate the national drug control policies, goals, objectives, and priorities— shall consult with and assist— State and local governments; National Drug Control Program Agencies; each committee, working group, council, or other entity established under this chapter, as appropriate; the public; appropriate congressional committees; and any other person in the discretion of the Director; and may— establish advisory councils; acquire data from agencies; and request data from any other entity. . 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: paragraph (1)(C) and include— the funding level for each National Drug Control Program agency; and 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: The Director shall— review each budget submission submitted under subparagraph (A); 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 submit to the appropriate congressional committees— a written statement that either— certifies that the budget submission includes sufficient funding; or decertifies the budget submission as not including sufficient funding; a copy of the description made under subparagraph (B); and the budget recommendations made under subsection (b)(8). ; and by adding at the end the following: The Director shall designate or appoint a United States Performance-Budget Coordinator to— 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; 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 other duties as may be determined by the Director with respect to measuring or assessing performance or agency budgets. 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). 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. . 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: funds may only be used for— expansion of demand reduction activities; 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; accurate assessment and monitoring of international drug production and interdiction programs and policies; 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 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: The Director shall provide for or shall enter into an agreement with a nonprofit organization to— advise States on establishing laws and policies to address illicit drug use issues; and 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. There is authorized to be appropriated to carry out this subsection $1,250,000 for each of fiscal years 2018 through 2023. 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). 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. . 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: 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. 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: 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— ensure the public has electronic access to information identifying: all drug control grants and pertinent identifying information for each grant; any available performance metrics, evaluations, or other information indicating the effectiveness of such programs; 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 identify barriers in the grant application process impediments that applicants currently have in the grant application process with applicable 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. 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. 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. . Section 1105 of the Office of National Drug Control Policy Reauthorization Act of 2006 ( 21 U.S.C. 1701 note) is repealed.
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