CHAPTER 20 - NATIONAL DRUG CONTROL PROGRAM
Title 21 > CHAPTER 20
Sections (17)
§§ 1501, 1502 Repealed. Pub. L. 100–690, title I, § 1009, Nov. 18, 1988, 102 Stat. 4188, as amended by Pub. L. 105–20, § 2(b), June 27, 1997, 111 Stat. 234
§ 1502a Transferred
§§ 1503 to 1505 Repealed. Pub. L. 100–690, title I, § 1009, Nov. 18, 1988, 102 Stat. 4188, as amended by Pub. L. 105–20, § 2(b), June 27, 1997, 111 Stat. 234
§ 1505a Annual report on development and deployment of narcotics detection technologies
(a) Report requirement Not later than December 1st of each year, the Director of the Office of National Drug Control Policy shall submit to Congress and the President a report on the development and deployment of narcotics detection technologies by Federal agencies. Each such report shall be prepared in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, and the Secretary of the Treasury.
(b) Matters to be included Each report under subsection (a) shall include— a description of each project implemented by a Federal agency relating to the development or deployment of narcotics detection technology; the agency responsible for each project described in paragraph (1); the amount of funds obligated or expended to carry out each project described in paragraph (1) during the fiscal year in which the report is submitted or during any fiscal year preceding the fiscal year in which the report is submitted; the amount of funds estimated to be obligated or expended for each project described in paragraph (1) during any fiscal year after the fiscal year in which the report is submitted to Congress; and a detailed timeline for implementation of each project described in paragraph (1).
§§ 1506 to 1508 Repealed. Pub. L. 100–690, title I, § 1009, Nov. 18, 1988, 102 Stat. 4188, as amended by Pub. L. 105–20, § 2(b), June 27, 1997, 111 Stat. 234; Pub. L. 115–271, title VIII, § 8203(a)(3), Oct. 24, 2018, 132 Stat. 4111; Pub. L. 116–74, § 2(c)(1)(A)(i)(III), Nov. 27, 2019, 133 Stat. 1157
§ 1509 Repealed. Pub. L. 109–469, title XI, § 1101(b), Dec. 29, 2006, 120 Stat. 3539
§ 1521 Findings
Congress finds the following: Substance abuse among youth has more than doubled in the 5-year period preceding 1996, with substantial increases in the use of marijuana, inhalants, cocaine, methamphetamine, LSD, and heroin. The most dramatic increases in substance abuse has occurred among 13- and 14-year-olds. Casual or periodic substance abuse by youth today will contribute to hard core or chronic substance abuse by the next generation of adults. Substance abuse is at the core of other problems, such as rising violent teenage and violent gang crime, increasing health care costs, HIV infections, teenage pregnancy, high school dropouts, and lower economic productivity. Increases in substance abuse among youth are due in large part to an erosion of understanding by youth of the high risks associated with substance abuse, and to the softening of peer norms against use. Substance abuse is a preventable behavior and a treatable disease; and during the 13-year period beginning with 1979, monthly use of illegal drugs among youth 12 to 17 years of age declined by over 70 percent; and data suggests that if parents would simply talk to their children regularly about the dangers of substance abuse, use among youth could be expected to decline by as much as 30 percent. Community anti-drug coalitions throughout the United States are successfully developing and implementing comprehensive, long-term strategies to reduce substance abuse among youth on a sustained basis. Intergovernmental cooperation and coordination through national, State, and local or tribal leadership and partnerships are critical to facilitate the reduction of substance abuse among youth in communities throughout the United States. ( Pub. L. 100–690, title I, § 1021 , as added Pub. L. 105–20, § 2(a)(2) , June 27, 1997 , 111 Stat. 224 .)
§ 1522 Purposes
The purposes of this subchapter are— to reduce substance use and misuse among youth in communities throughout the United States, and over time, to reduce substance use and misuse among adults; to strengthen collaboration among communities, the Federal Government, and State, local, and tribal governments; to enhance intergovernmental cooperation and coordination on the issue of substance use and misuse among youth; to serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing substance use and misuse among youth; to rechannel resources from the fiscal year 1998 Federal drug control budget to provide technical assistance, guidance, and financial support to communities that demonstrate a long-term commitment in reducing substance use and misuse among youth; to disseminate to communities timely information regarding the state-of-the-art practices and initiatives that have proven to be effective in reducing substance use and misuse among youth; to enhance, not supplant, local community initiatives for reducing substance use and misuse among youth; and to encourage the creation of and support for community anti-drug coalitions throughout the United States. ( Pub. L. 100–690, title I, § 1022 , as added Pub. L. 105–20, § 2(a)(2) , June 27, 1997 , 111 Stat. 225 ; amended Pub. L. 115–271, title VIII, § 8203(b)(1) , Oct. 24, 2018 , 132 Stat. 4111 ; Pub. L. 116–74, § 2(c)(1)(A)(ii)(II) , Nov. 27, 2019 , 133 Stat. 1157 .)
§ 1523 Definitions
In this subchapter: The term “Administrator” means the Administrator appointed by the Director under section 1531(c) of this title . The term “Advisory Commission” means the Advisory Commission established under section 1541 1 of this title. The term “community” shall have the meaning provided that term by the Administrator, in consultation with the Advisory Commission. The term “Director” means the Director of the Office of National Drug Control Policy. The term “eligible coalition” means a coalition that meets the applicable criteria under section 1532(a) of this title . The term “grant recipient” means the recipient of a grant award under section 1532 of this title . The term “nonprofit organization” means an organization described under section 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of title 26 . The term “Program” means the program established under section 1531(a) of this title . The term “substance use and misuse” means— the illegal use or misuse of drugs, including substances for which a listing is effect 2 under any of schedules I through V under section 812 of this title ; the misuse of inhalants or over-the-counter drugs; or the use of alcohol, tobacco, or other related product as such use is prohibited by State or local law. The term “youth” shall have the meaning provided that term by the Administrator, in consultation with the Advisory Commission. ( Pub. L. 100–690, title I, § 1023 , as added Pub. L. 105–20, § 2(a)(2) , June 27, 1997 , 111 Stat. 225 ; amended Pub. L. 115–271, title VIII, § 8203(b)(2) , Oct. 24, 2018 , 132 Stat. 4111 ; Pub. L. 116–74, § 2(c)(1)(A)(ii)(II) , Nov. 27, 2019 , 133 Stat. 1157 .)
§ 1524 Authorization of appropriations
(a) In general There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subchapter $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 subchapter may be used by the Office of National Drug Control Policy to pay administrative costs associated with the responsibilities of the Office under this subchapter.
§ 1531 Establishment of drug-free communities support program
(a) Establishment The Director shall establish a program to support communities in the development and implementation of comprehensive, long-term plans and programs to prevent and treat substance use and misuse among youth.
(b) Program In carrying out the Program, the Director shall— make and track grants to grant recipients; provide for technical assistance and training, data collection, and dissemination of information on state-of-the-art practices that the Director determines to be effective in reducing substance use and misuse; and provide for the general administration of the Program.
(c) Administration Not later than 30 days after receiving recommendations from the Advisory Commission under section 1542(a)(1) 1 of this title, the Director shall appoint an Administrator to carry out the Program.
(d) Contracting The Director may employ any necessary staff and may enter into contracts or agreements with national drug control agencies, including interagency agreements to delegate authority for the execution of grants and for such other activities necessary to carry out this subchapter.
§ 1532 Program authorization
(a) Grant eligibility To be eligible to receive an initial grant or a renewal grant under this part, a coalition shall meet each of the following criteria: The coalition shall submit an application to the Administrator in accordance with section 1533(a)(2) of this title . The coalition shall consist of 1 or more representatives of each of the following categories: Youth. Parents. Businesses. The media. Schools. Organizations serving youth. Law enforcement. Religious or fraternal organizations. Civic and volunteer groups. Health care professionals. State, local, or tribal governmental agencies with expertise in the field of substance use and misuse (including, if applicable, the State authority with primary authority for substance use and misuse). Other organizations involved in reducing substance use and misuse. If feasible, in addition to representatives from the categories listed in subparagraph (A), the coalition shall have an elected official (or a representative of an elected official) from— the Federal Government; and the government of the appropriate State and political subdivision thereof or the governing body or an Indian tribe (as that term is defined in section 5304(e) of title 25 ). An individual who is a member of the coalition may serve on the coalition as a representative of not more than 1 category listed under subparagraph (A). The coalition shall demonstrate, to the satisfaction of the Administrator— that the representatives of the coalition have worked together on substance use and misuse reduction initiatives, which, at a minimum, includes initiatives that target drugs referenced in section 1523(9)(A) of this title , for a period of not less than 6 months, acting through entities such as task forces, subcommittees, or community boards; and substantial participation from volunteer leaders in the community involved (especially in cooperation with individuals involved with youth such as parents, teachers, coaches, youth workers, and members of the clergy). The coalition shall, with respect to the community involved— have as its principal mission the reduction of substance use and misuse, which, at a minimum, includes the use and abuse of drugs referenced in section 1523(9)(A) of this title , in a comprehensive and long-term manner, with a primary focus on youth in the community; describe and document the nature and extent of the substance use and misuse problem, which, at a minimum, includes the use and abuse of drugs referenced in section 1523(9)(A) of this title , in the community; provide a description of substance use and misuse prevention and treatment programs and activities, which, at a minimum, includes programs and activities relating to the use and abuse of drugs referenced in section 1523(9)(A) of this title , in existence at the time of the grant application; and identify substance use and misuse programs and service gaps, which, at a minimum, includes programs and gaps relating to the use and abuse of drugs referenced in section 1523(9)(A) of this title , in the community; develop a strategic plan to reduce substance use and misuse among youth, which, at a minimum, includes the use and abuse of drugs referenced in section 1523(9)(A) of this title , in a comprehensive and long-term fashion; and work to develop a consensus regarding the priorities of the community to combat substance use and misuse among youth, which, at a minimum, includes the use and abuse of drugs referenced in section 1523(9)(A) of this title . The coalition shall demonstrate that the coalition is an ongoing concern by demonstrating that the coalition— is— a nonprofit organization; or an entity that the Administrator determines to be appropriate; or part of, or is associated with, an established legal entity; receives financial support (including, in the discretion of the Administrator, in-kind contributions) from non-Federal sources; and has a strategy to solicit substantial financial support from non-Federal sources to ensure that the coalition and the programs operated by the coalition are self-sustaining. The coalition shall— establish a system to measure and report outcomes— consistent with common indicators and evaluation protocols established by the Administrator; and approved by the Administrator; conduct— for an initial grant under this part, an initial benchmark survey of drug use among youth (or use local surveys or performance measures available or accessible in the community at the time of the grant application); and biennial surveys (or incorporate local surveys in existence at the time of the evaluation) to measure the progress and effectiveness of the coalition; and provide assurances that the entity conducting an evaluation under this paragraph, or from which the coalition receives information, has experience— in gathering data related to substance use and misuse among youth; or in evaluating the effectiveness of community anti-drug coalitions. The Director shall not impose any eligibility criteria on new applicants or renewal grantees not provided in this subchapter.
(b) Grant amounts Subject to clause (iv), for a fiscal year, the Administrator may grant to an eligible coalition under this paragraph, an amount not to exceed the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year. If such grant recipient fails to continue to meet the criteria specified in subsection (a), the Administrator may suspend the grant, after providing written notice to the grant recipient and an opportunity to appeal. Subject to clause (iv), the Administrator may award a renewal grant to a grant recipient under this subparagraph for each fiscal year following the fiscal year for which an initial grant is awarded, in an amount not to exceed the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year, during the 4-year period following the period of the initial grant. The amount of a grant award under this subparagraph may not exceed 125,000 for a fiscal year. With respect to a county referred to in subparagraph (A), the Administrator may award a grant under this section to not more than 1 eligible coalition that represents the county. Subject to subparagraph (F), the Administrator may award an additional grant under this paragraph to an eligible coalition awarded a grant under paragraph (1) or (2) for any first fiscal year after the end of the 4-year period following the period of the initial grant under paragraph (1) or (2), as the case may be. A coalition awarded a grant under paragraph (1) or (2), including a renewal grant under such paragraph, may not be awarded another grant under such paragraph, and is eligible for an additional grant under this section only under this paragraph. The Administrator may not afford a higher priority in the award of an additional grant under this paragraph than the Administrator would afford the applicant for the grant if the applicant were submitting an application for an initial grant under paragraph (1) or (2) rather than an application for a grant under this paragraph. Subject to clause (iv), 1 the Administrator may award a renewal grant to a grant recipient under this subparagraph 2 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: 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. For the third and fourth 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 150 percent of the amount awarded. If a grant recipient under this paragraph fails to continue to meet the criteria specified in subsection (a), the Administrator may suspend the grant, after providing written notice to the grant recipient and an opportunity to appeal. The amount of a grant award under this paragraph may not exceed $125,000 for a fiscal year. A grantee shall not be suspended or terminated under paragraph (1)(A)(ii), (2)(A)(iii), or (3)(E) unless that grantee is afforded a fair, timely, and independent appeal prior to such suspension or termination.
(c) Treatment of funds for coalitions representing certain organizations Funds appropriated for the substance use and misuse activities of a coalition that includes a representative of the Bureau of Indian Affairs, the Indian Health Service, or a tribal government agency with expertise in the field of substance use and misuse may be counted as non-Federal funds raised by the coalition for purposes of this section.
(d) Priority in awarding grants In awarding grants under subsection (b)(1)(A)(i), priority shall be given to a coalition serving economically disadvantaged areas.
§ 1533 Information collection and dissemination with respect to grant recipients
(a) Coalition information For the purpose of audit and examination, the Administrator— shall have access to any books, documents, papers, and records that are pertinent to any grant or grant renewal request under this subchapter; and may periodically request information from a grant recipient to ensure that the grant recipient meets the applicable criteria under section 1532(a) of this title . The Administrator shall issue a request for proposal regarding, with respect to the grants awarded under section 1532 of this title , the application process, grant renewal, and suspension or withholding of renewal grants. Each application under this paragraph shall be in writing and shall be subject to review by the Administrator. The Administrator shall, to the maximum extent practicable and in a manner consistent with applicable law, minimize reporting requirements by a grant recipient and expedite any application for a renewal grant made under this part.
(b) Data collection and dissemination The Administrator may collect data from— national substance use and misuse organizations that work with eligible coalitions, community anti-drug coalitions, departments or agencies of the Federal Government, or State or local governments and the governing bodies of Indian tribes; and any other entity or organization that carries out activities that relate to the purposes of the Program. The Administrator may— evaluate the utility of specific initiatives relating to the purposes of the Program; conduct an evaluation of the Program; and disseminate information described in this subsection to— eligible coalitions and other substance use and misuse organizations; and the general public. The Administrator shall carry out activities under this subsection in consultation with the Advisory Commission and the National Community Antidrug Coalition Institute. Amounts for activities under paragraph (2)(B) may not be derived from amounts under section 1524(a) of this title except for amounts that are available under section 1524(b) of this title for administrative costs.
§ 1534 Technical assistance and training
(a) In general With respect to any grant recipient or other organization, the Administrator may— offer technical assistance and training; and enter into contracts and cooperative agreements. The Administrator may facilitate the coordination of programs between a grant recipient and other organizations and entities.
(b) Training The Administrator may provide training to any representative designated by a grant recipient in— coalition building; task force development; mediation and facilitation, direct service, assessment and evaluation; or any other activity related to the purposes of the Program.
§ 1535 Supplemental grants for coalition mentoring activities
(a) Authority to make grants As part of the program established under section 1531 of this title , the Director may award an initial grant under this subsection, and renewal grants under subsection (f), to any coalition awarded a grant under section 1532 of this title that meets the criteria specified in subsection (d) in order to fund coalition mentoring activities by such coalition in support of the program.
(b) Treatment with other grants A grant awarded to a coalition under this section is in addition to any grant awarded to the coalition under section 1532 of this title . A coalition may not be awarded a grant under this section for a fiscal year unless the coalition was awarded a grant or renewal grant under section 1532(b) of this title for that fiscal year.
(c) Application A coalition seeking a grant under this section shall submit to the Administrator an application for the grant in such form and manner as the Administrator may require.
(d) Criteria A coalition meets the criteria specified in this subsection if the coalition— has been in existence for at least 5 years; has achieved, by or through its own efforts, measurable results in the prevention and treatment of substance use and misuse among youth; has staff or members willing to serve as mentors for persons seeking to start or expand the activities of other coalitions in the prevention and treatment of substance use and misuse; has demonstrable support from some members of the community in which the coalition mentoring activities to be supported by the grant under this section are to be carried out; and submits to the Administrator a detailed plan for the coalition mentoring activities to be supported by the grant under this section.
(e) Use of grant funds A coalition awarded a grant under this section shall use the grant amount for mentoring activities to support and encourage the development of new, self-supporting community coalitions that are focused on the prevention and treatment of substance use and misuse in such new coalitions’ communities. The mentoring coalition shall encourage such development in accordance with the plan submitted by the mentoring coalition under subsection (d)(5).
(f) Renewal grants The Administrator may make a renewal grant to any coalition awarded a grant under subsection (a), or a previous renewal grant under this subsection, if the coalition, at the time of application for such renewal grant— continues to meet the criteria specified in subsection (d); and has made demonstrable progress in the development of one or more new, self-supporting community coalitions that are focused on the prevention and treatment of substance use and misuse.
(g) Grant amounts Subject to paragraphs (2) and (3), the total amount of grants awarded to a coalition under this section for a fiscal year may not exceed the amount of non-Federal funds raised by the coalition, including in-kind contributions, for that fiscal year. Funds appropriated for the substance use and misuse activities of a coalition that includes a representative of the Bureau of Indian Affairs, the Indian Health Service, or a tribal government agency with expertise in the field of substance use and misuse may be counted as non-Federal funds raised by the coalition. The amount of the initial grant awarded to a coalition under subsection (a) may not exceed 75,000.
(h) Fiscal year limitation on amount available for grants The total amount available for grants under this section, including renewal grants under subsection (f), in any fiscal year may not exceed the amount equal to five percent of the amount authorized to be appropriated by section 1524(a) of this title for that fiscal year.
(i) Priority in awarding initial grants In awarding initial grants under this section, priority shall be given to a coalition that expressly proposes to provide mentorship to a coalition or aspiring coalition serving economically disadvantaged areas.
§ 1536 Community-based coalition enhancement grants to address local drug crises
(a) Definitions In this section: The term “Administrator” means the Administrator of the Substance Abuse and Mental Health Services Administration. The term “Director” means the Director of the Office of National Drug Control Policy. The term “Drug-Free Communities Act of 1997” means chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq.). The term “eligible entity” means an organization that— on or before the date of submitting an application for a grant under this section, receives or has received a grant under the Drug-Free Communities Act of 1997; and has documented, using local data, rates of abuse of opioids or methamphetamines at levels that are— significantly higher than the national average as determined by the Secretary (including appropriate consideration of the results of the Monitoring the Future Survey published by the National Institute on Drug Abuse and the National Survey on Drug Use and Health published by the Substance Abuse and Mental Health Services Administration); or higher than the national average, as determined by the Secretary (including appropriate consideration of the results of the surveys described in clause (i)), over a sustained period of time. The term “emerging drug abuse issue” means a substance use disorder within an area involving— a sudden increase in demand for particular drug abuse treatment services relative to previous demand; and a lack of resources in the area to address the emerging problem. The term “local drug crisis” means, with respect to the area served by an eligible entity— a sudden increase in the abuse of opioids or methamphetamines, as documented by local data; the abuse of prescription medications, specifically opioids or methamphetamines, that is significantly higher than the national average, over a sustained period of time, as documented by local data; or a sudden increase in opioid-related deaths, as documented by local data. The term “opioid” means any drug having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.
(b) Program authorized The Director, in coordination with the Administrator, may make grants to eligible entities to implement comprehensive community-wide strategies that address local drug crises and emerging drug abuse issues within the area served by the eligible entity.
(c) Application An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the local drug crisis or emerging drug abuse issue within the area served by the eligible entity.
(d) Use of funds An eligible entity shall use a grant received under this section— for programs designed to implement comprehensive community-wide prevention strategies to address the local drug crisis in the area served by the eligible entity, in accordance with the plan submitted under subsection (c)(2); to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and for programs designed to implement comprehensive community-wide strategies to address emerging drug abuse issues in the community.
(e) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.
(f) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and may also include an evaluation of the effectiveness at reducing abuse of opioids or methamphetamines.
(g) Limitation on administrative expenses Not more than 8 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses.
(h) Delegation authority The Director may enter into an interagency agreement with the Administrator to delegate authority for the execution of grants and for such other activities as may be necessary to carry out this section.
(i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021.