Office of National Drug Control Policy and Its Role in Federal Drug Control

August 24, 2021 R46889

Office of National Drug Control Policy and Its
August 24, 2021
Role in Federal Drug Control
Lisa N. Sacco
The Office of National Drug Control Policy (ONDCP) is responsible for creating, implementing,
Analyst in Illicit Drugs and
and evaluating U.S. drug control policies to reduce the use, manufacturing, and trafficking of
Crime Policy
illicit drugs, as well as drug-related health consequences, crime, and violence. ONDCP is located

in the Executive Office of the President. It was created by the Anti-Drug Abuse Act of 1988 (P.L.
Kristin Finklea
100-690) and was most recently reauthorized by the Substance Use-Disorder Prevention that
Specialist in Domestic
Promotes Opioid Recovery and Treatment for Patients and Communities Act (the SUPPORT
Security
Act; P.L. 115-271).

As the coordinating agency of federal drug control efforts, ONDCP is responsible for creating

policies, priorities, and objectives for the National Drug Control Program. One of its core duties
is to issue a National Drug Control Strategy (hereinafter, “Strategy”) outlining the drug control policies and priorities of the
Administration as well as budget priorities and annual objectives. ONDCP also issues supplemental drug control strategies
related to U.S. borders. To help carry out its evaluation responsibilities and assess progress in achieving the Strategy’s goals,
ONDCP has developed a Performance Reporting System.
ONDCP administers several grant programs, including the High Intensity Drug Trafficking Areas (HIDTA) program and the
Drug Free Communities (DFC) program, which support the overall National Drug Control Program.
 The HIDTA program provides assistance to law enforcement agencies—at the federal, state, local, and
tribal levels—that are operating in regions of the United States that have been deemed as critical drug
trafficking regions. The program supports multiagency enforcement initiatives involving investigation,
interdiction, and prosecution, as well as drug use prevention and treatment initiatives.
 The DFC program is co-administered by ONDCP and the Centers for Disease Control and Prevention
(CDC). It funds community-based coalitions that aim to prevent youth substance use and misuse. The goal
is to mobilize community leaders to identify and respond to the drug problems unique to their community
and change local community environmental conditions tied to substance use.
ONDCP was created during the war on drugs—a term commonly used for nearly 40 years to describe U.S. drug policy;
however, ONDCP has distanced itself from this term. While drug use had been considered primarily a criminal justice
problem in the past, it is now more commonly viewed as a criminal justice and public health problem. Mirroring this shift,
over time federal drug control spending has increased the proportion of money allocated for prevention and treatment and
decreased that for enforcement and interdiction. In more recent years, the proportion of drug control spending allocated to
supply reduction activities (domestic law enforcement, international initiatives, and interdiction) has been relatively similar to
the proportion allocated to demand reduction activities (treatment and prevention).
The role and influence of ONDCP has also evolved over the last several decades. From 1993 to 2009, the ONDCP Director
was a member of the President’s Cabinet, but has since remained outside of the Cabinet. ONDCP formerly issued a Strategy
each year, but it now issues a biennial Strategy. As policymakers conduct oversight of ONDCP, they may evaluate its
effectiveness in guiding federal drug control policy. Further, as the Senate weighs confirmation of an ONDCP Director, they
may consider how this role guides the nation’s policies, particularly if the position remains outside of the President’s Cabinet.
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Office of National Drug Control Policy and Its Role in Federal Drug Control

he Office of National Drug Control Policy (ONDCP) is responsible for creating,
implementing, and evaluating U.S. drug control policies to reduce the use, manufacturing,
T and trafficking of ilicit drugs, as wel as drug-related health consequences, crime, and
violence. ONDCP is located in the Executive Office of the President. It was created by the Anti-
Drug Abuse Act of 1988 (P.L. 100-690) and was most recently reauthorized by the Substance
Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and
Communities Act (the SUPPORT Act; P.L. 115-271).
The ONDCP Director (hereinafter, “Director”), often referred to as the Drug Czar, is responsible
for developing the National Drug Control Strategy (hereinafter, “Strategy”) to direct the nation’s
antidrug efforts. The Director is also responsible for evaluating the Strategy’s implementation by
agencies contributing to the overal National Drug Control Program1 as wel as its outcomes. In
addition, ONDCP manages programs that support the National Drug Control Program, including
the High Intensity Drug Trafficking Areas (HIDTA) program and Drug Free Communities (DFC)
program. In July 2021, President Biden nominated Dr. Rahul Gupta to be the next Director of
ONDCP. Notably, ONDCP has been without a Senate-confirmed Director since January 2017. As
the Senate considers the nomination of Dr. Gupta and conducts oversight of ONDCP,
policymakers may also examine the role of ONDCP in federal drug control.
This report provides an overview of ONDCP and its current role and responsibilities. In doing so,
it outlines the requirements of the National Drug Control Strategy and supplemental strategies, as
wel as ONDCP-administered grant programs. It also discusses ONDCP’s performance
measurement approach, and potential issues for congressional consideration regarding the future
role of ONDCP.
National Drug Control Strategy
The Director is responsible for establishing federal drug control priorities and promulgating the
Strategy, which must be submitted by the Administration to Congress. The Director must also
include with the Strategy certain supplemental strategies related to reducing the flow of il icit
drugs across the U.S. border. Congress has specified that the purpose of the Strategy is to outline
a plan to reduce (1) il icit drug consumption in the United States and (2) the consequences of such
use.2 In creating the Strategy, the Director must consult with coordinators within ONDCP;3 the
Interdiction Committee and the Emerging Threats Committee; National Drug Control Program
agencies; Congress; state, local, and tribal officials; foreign government representatives; private
sector representatives with expertise in both supply and demand reduction; and appropriate
representatives of foreign governments.4
Prior to the enactment of the SUPPORT Act in 2018, ONDCP was statutorily required to issue the
Strategy each year. However, in the years leading up to enactment, ONDCP did not release its
Strategy during the relevant fiscal years; moreover, it did not issue a Strategy in 2017 or 2018 at
al . As now required by the SUPPORT Act, the Director must release a statement of drug control

1 T he term National Drug Control Program means “programs, policies, and activities undertaken by National Drug
Control Program agencies pursuant to the responsibilities of such agencies under the National Drug Control Strategy,
including any activities involving supply reduction, demand reduction, or State, local, and tribal affairs.” See 21 U.S.C.
§1701(10).
2 21 U.S.C. §1705(b)(1).
3 T hese include the Performance Budget Coordinator; Interdiction Coordinator; Emerging and Continuing T hreats
Coordinator; State, Local, and T ribal Affairs Coordinator; and Demand Reduction Coordinator.
4 21 U.S.C. §1705(b).
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Office of National Drug Control Policy and Its Role in Federal Drug Control

policy priorities no later than April 1 in the calendar year of a Presidential inauguration.5 Then,
following the year in which the President’s term commences, the Director must submit the full
Strategy to Congress not later than the first Monday in February, and every two years thereafter.6
The contents of the Strategy must include the following:
 a mission statement detailing the major functions of the National Drug Control
Program;
 comprehensive, research-based, long-range, quantifiable goals for reducing il icit
drug use and the consequences of il icit drug use in the United States;
 annual quantifiable objectives and specific targets to accomplish long-term goals
that the Director determines may be achieved during each year beginning on the
date on which the Strategy is submitted;
 a five-year projection of budget priorities for the National Drug Control Program;
 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 al
levels of government; and
 a description of how each goal wil be achieved.
In describing how each goal wil be achieved, ONDCP must include the following for each goal:
 a list that includes each relevant National Drug Control Program agency; its
related programs, activities, and available assets; and its role in achieving such
goal;
 a list of relevant stakeholders and each stakeholder’s role in achieving such goal;
 an estimate of federal funding and other resources needed to achieve such goal;
 a list of each existing or new coordinating mechanism needed to achieve such
goal; and
 a description of ONDCP’s role in facilitating the achievement of such goal.7
National Drug Control Program Budget
ONDCP must establish budget priorities and estimate the federal funding needed to achieve its
goals. As such, the Director has several responsibilities related to federal drug control spending.
By July 1 each year, the Director is required to provide budget recommendations8 in line with the
Strategy to the heads of departments and agencies with responsibilities under the National Drug
Control Program.9 Further, the Director must consider drug control budget requests from al
National Drug Control Program agencies and develop a consolidated National Drug Control
Program budget proposal designed to implement the Strategy and inform Congress and the public
about the total amount proposed to be spent on al drug control activities by the federal
government.

5 President Biden’s priorities are outlined in Executive Office of the President, Office of National Drug Control
Strategy, The Biden-Harris Adm inistration’s Statem ent of Drug Policy Priorities for Year One, April 1, 2021.
6 21 U.S.C. §1705(a).
7 21 U.S.C. §1705(c).
8 T hese budget recommendations would apply to the following fiscal year.
9 21 U.S.C. §1705(b).
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Supplemental Strategies
Along with the National Drug Control Strategy, the Director is required to submit a Southwest
Border Counternarcotics Strategy as wel as a Northern Border Counternarcotics Strategy.10
Southwest Border Counternarcotics Strategy
The Southwest Border Counternarcotics Strategy is to set forth the strategy for countering drug
trafficking between Mexico and the United States, both at and between the ports of entry
(POEs).11 The strategy is to outline the roles and responsibilities of the relevant National Drug
Control Program agencies and identify the resources needed for each of these agencies to fulfil
their responsibilities. In addition to the general requirements for the Southwest Border
Counternarcotics Strategy, the Director must specify 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 il egal drug trafficking and make recommendations for criminal penalties for
persons who construct or use such tunnels or subterranean passages for this purpose.
The most recent Southwest Border Counternarcotics Strategy was released in February 2020. It
specifies that the overarching objective is to reduce the number of Americans whose lives are lost
to addiction by decreasing the availability of il icit drugs flowing across the Southwest border and
into U.S. communities. The strategy aims to achieve this through three primary elements:12
 Countering criminal networks. This element focuses on bolstering information
sharing among federal, state, local, tribal, territorial, and international partners. It
proposes expanding the use of multiagency, multijurisdictional task forces,
integrating international partners—namely Mexico—into task forces, and
connecting interdictions to criminal enterprise investigations to target
Transnational Criminal Organizations (TCOs) and their finances.
 Strengthening interdiction and law enforcement capabilities. This element
focuses on enhancing interdiction capabilities both at and between POEs by
improving the use of intel igence and information sharing to drive targeted
investigations, developing enhanced technologies and capabilities to detect il icit
drugs, and expanding deterrence technologies and capacities—such as manned
and unmanned systems, physical and virtual barriers, and land and air-based
sensors.
 Targeting specific drug transportation modes and routes. This element
focuses on countering the il icit movement of drugs, money, and weapons by
identifying gaps in security and developing better targeting criteria for law
enforcement. The strategy proposes enhancing outbound interdictions of il icit
goods such as money and weapons flowing from the United States to Mexico as
wel as bolstering efforts to conduct interdictions on the nation’s highways and
waterways.

10 For information regarding illicit drug flows across the border, see CRS Report R45812, Illicit Drug Flows and
Seizures in the United States: What Do We [Not] Know? .
11 21 U.S.C. §1705(c)(3)(B).
12 Executive Office of the President, Office of National Drug Control Policy, Southwest Border Counternarcotics
Strategy 2020, February 2020.
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Northern Border Counternarcotics Strategy
Like the Southwest Border Counternarcotics Strategy, the Northern Border Counternarcotics
Strategy is to set forth the strategy for countering drug trafficking between Canada and the United
States, both at and between POEs.13 The strategy is to outline the roles and responsibilities of the
relevant National Drug Control Program agencies and identify the resources needed for each of
them to fulfil their responsibilities. Notably, the Northern Border Counternarcotics Strategy must
also be designed to facilitate, not hinder, lawful travel and trade as wel as reflect the unique
nature of border communities and coordination between U.S. and Canadian law enforcement
officials. In addition to general requirements for the Northern Border Counternarcotics Strategy,
the Director must specify a strategy to end the il egal trafficking of drugs to or through Indian
reservations on or near the international border between the United States and Canada and make
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.
The most recent Northern Border Counternarcotics Strategy was released in February 2020. Like
the Southwest Border Counternarcotics Strategy, it specifies that the overarching objective is to
reduce the number of Americans whose lives are lost to addiction by decreasing the availability of
il icit drugs flowing across the Northern border and into U.S. communities. The strategy aims to
achieve this through three primary elements.14 While these are the same three primary elements as
outlined in the Southwest Border Counternarcotics Strategy—countering criminal networks,
strengthening interdiction and law enforcement capabilities, and targeting specific drug
transportation modes and routes—the focus is on the Northern border region and law enforcement
partnerships with Canada.
Caribbean Border Counternarcotics Strategy
Unlike the existing statutory requirement that ONDCP issue a Southwest Border Counternarcotics
Strategy and a Northern Border Counternarcotics Strategy every two years along with the
National Drug Control Strategy, ONDCP is not statutorily required to issue a similar strategy for
the Caribbean border (though congressional directives to ONDCP regarding the Caribbean Border
Counternarcotics Strategy have been placed in explanatory statements accompanying
appropriations bil s15). In January 2015, ONDCP issued its first Caribbean Border
Counternarcotics Strategy, with a focus on the flow of il icit drugs through the Caribbean,
including around Puerto Rico and the U.S. Virgin Islands.16 In June 2020, ONDCP issued a
second Caribbean Border Counternarcotics Strategy.17

13 21 U.S.C. §1705(c)(3)(C).
14 Executive Office of the President, Office of National Drug Control Policy, Northern Border Counternarcotics
Strategy 2020, February 2020.
15 In the 112th Congress, H.Rept. 112-550, accompanying the Financial Services and General Government
Appropriations Bill, 2013 (H.R. 6020) directed ONDCP to develop a biennial Caribbean Border Counternarcotics
Strategy on terms equivalent to the Southwest and Northern border strategies. In the 113th Congress, the joint
explanatory statement accompanying the Consolidated Appropriations Act, 2014 (P.L. 113-76) modified the House
reporting requirement regarding the due date of the requested Caribbean Border Counternarcotics Strategy. ONDCP
issued the strategy in 2015.
16 Executive Office of the President, Office of National Drug Control Policy, Caribbean Border Counternarcotics
Strategy, January 2015.
17 Executive Office of the President, Office of National Drug Control Policy, Caribbean Border Counternarcotics
Strategy 2020, June 2020. In the 116th Congress, H.Rept. 116-122, accompanying the Financial Services and General
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Like the Southwest Border and Northern Border Counternarcotics Strategies, the 2020 Caribbean
Border Counternarcotics Strategy specifies that the overarching objective is to reduce the number
of Americans whose lives are lost to addiction; it broadly aims to do so by decreasing the
availability of il icit drugs flowing across the Caribbean border and into the United States. The
strategy aims to achieve this through three primary elements.18 Although these are the same three
primary elements as outlined in the Southwest Border and Northern Border Counternarcotics
Strategies—countering criminal networks, strengthening interdiction and law enforcement
capabilities, and targeting specific drug transportation modes and routes—the focus is on the
Caribbean border region and law enforcement partnerships with the territories of Puerto Rico and
the U.S. Virgin Islands as wel as international partners.
As ONDCP is not statutorily required to issue this strategy, and congressional directives related to
it have been placed in explanatory statements accompanying appropriations bil s, policymakers
may evaluate whether to formalize such a reporting requirement. If they decide to do so, they may
consider whether to place such a requirement in future reauthorizations of ONDCP or other
legislation.
Performance Measurement
The Office of National Drug Control Policy Reauthorization Act of 1998 (Title VII of P.L. 105-
277) made it a requirement for ONDCP to submit to Congress—along with the Strategy—a report
on a national drug control performance measurement system aimed at evaluating the effectiveness
of the Strategy.19 The performance measurement system report is to contain two- and five-year
performance measures (along with descriptions of information and data that wil be used for each
measure) and targets for each of the Strategy’s goals and objectives for reducing drug use, the
consequences of drug use, and drug availability. It should also identify federal programs and
activities that support the Strategy and evaluate the contribution of their demand- and supply-
reduction activities, as wel as ensure that each contributing federal drug control agency’s goals
and budgets are consistent with the Strategy. In addition, it is to assess existing national
instruments and techniques to measure drug use, supply- and demand-reduction activities, and the
effectiveness of substance abuse treatment in reducing il icit drug use and criminal behavior—
both during and after treatment.
ONDCP developed a Performance Reporting System (PRS) to help carry out its evaluation
responsibilities and assess progress in achieving the Strategy’s goals.20 The most recent PRS
report, released in February 2020, evaluates progress in meeting the goals of the Strategy against
the baseline of 2017. The goals, broadly, are as follows:
 reducing the number of Americans dying from a drug overdose;
 educating the public, particularly adolescents, about the dangers of il icit drug
use—specifical y opioids—and reducing the rate of past-year drug use (and
specifical y, opioid use) among youth;

Government Appropriations Act, 2020 (H.R. 3351) directed ONDCP to issue a Caribbean Border Counternarcotics
Strategy consistent with the terms set forth in the explanatory statement accompanying P.L. 113-76 and to reissue this
strategy along with forthcoming versions of the National Drug Control Strategy.
18 Executive Office of the President, Office of National Drug Control Policy, Caribbean Border Counternarcotics
Strategy 2020, June 2020.
19 21 U.S.C. §1705(h).
20 According to ONDCP, the PRS was developed in accordance with the Government Performance and Results
Modernization Act of 2010 (P.L. 111-352).
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 making evidence-based treatment, including medication-assisted treatment
(MAT) more widely accessible;
 increasing mandatory prescriber education and continuing training on best
practices and clinical guidelines;
 reducing the number of opioid prescriptions fil ed nationwide;
 increasing the number of states integrating electronic health records with
prescription drug monitoring programs;
 reducing the availability of il icit drugs in the United States by reducing potential
production of pure heroin in Mexico and cocaine in Colombia;
 reducing the availability of il icit drugs in the United States by reducing their sale
online as wel as their movement into the country through mail and express
courier services; and
 demonstrating reduced drug availability in the United States through increased
price and decreased purity.21
The February 2020 PRS report provided data for 2017 and 2018 to help evaluate the success of
the Strategy. While it noted, based on two years of data, that some goals were on track to be met,
such as an increase in the percentage of federal prescribers completing continuing education on
best practices in prescribing opioid medications, it showed that other metrics, such as reported
past-year il icit drug use among youth, may not be on track to meeting the Strategy’s goals.
The SUPPORT Act requires the Director to submit to the President and Congress an Annual
National Drug Control Assessment that evaluates the progress made by each National Drug
Control Program agency toward achieving each goal, objective, and target contained in the
Strategy applicable to the prior fiscal year.22 The act noted that ONDCP’s performance
measurement system is to be used to conduct this assessment. The most recent PRS reports
discuss how the National Drug Control Program agencies collectively are or are not meeting the
Strategy’s goals. However, Congress may also examine whether the PRS al ows for evaluation of
individual programs and agencies as wel as each agency’s contributions to the Strategy’s goals.
Policymakers may also consider whether the required assessment of individual agency
contributions wil be reported on as part of the annual PRS reports.
It is unclear whether the PRS is also used to evaluate the three supplemental strategies—the
Southwest Border, Northern Border, and Caribbean Border Counternarcotics Strategies. Notably,
al three strategies state that the “single most important criterion for success is saving American
lives.”23 ONDCP may be able to rely on some of the PRS metrics to help evaluate success in
these areas. However, there are numerous goals in the supplemental strategies that are region-
specific, and policymakers may question how ONDCP is evaluating the specific goals set out in
them.

21 Executive Office of the President, Office of National Drug Control Policy, National Drug Control Strategy:
Perform ance Reporting System 2020, February 2020.
22 21 U.S.C. §1705(g).
23 Executive Office of the President, Office of National Drug Control Policy, Southwest Border Counternarcotics
Strategy 2020, February 2020, p. 2; Northern Border Counternarcotics Strategy 2020 , February 2020, p. 2; and
Caribbean Border Counternarcotics Strategy 2020, June 2020, p. 2.
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Drug Control Data Dashboard
The SUPPORT Act requires that the Director establish a publicly available, online data portal to
be known as the Drug Control Data Dashboard (hereinafter, “Dashboard”). The act notes that to
the extent practicable, the data made available on the Dashboard must be in a machine-readable
format and searchable by year, agency, drug, and location. The data must be updated annual y, at
a minimum. The Dashboard must include information on “each substance identified by the
Director as having a significant impact on the prevalence of il icit drug use.”24 Specifical y, for
each substance identified, the Dashboard must contain data on its availability and use, including a
number of specified elements related to seizures, flow, production, pricing, and associated
prosecutions. The Dashboard must also include data related to overdose fatalities; the prevalence
of substance use disorders; the number of individuals receiving treatment and the unmet need for
treatment; and prescription drug diversion, trafficking, and misuse; as wel as other quantifiable
measures the Director determines appropriate to detail progress toward the achievement of the
Strategy.
The Government Accountability Office (GAO), in its December 2019 assessment of certain
ONDCP activities, noted that while ONDCP had launched and updated the Dashboard, it had not
met al data requirements, such as including data on the unmet need for substance use disorder
treatment.25 GAO noted that ONDCP has indicated on the Dashboard the required elements for
which data are unavailable, but that ONDCP has not indicated how or when it plans to acquire
these data to fulfil the requirements. In its oversight of ONDCP, Congress may evaluate
ONDCP’s steps to meet the data requirements for the Dashboard.
ONDCP Administered Programs
As the coordinator of federal drug control efforts, ONDCP is responsible for creating policies,
priorities, and objectives for the federal drug control program. In addition, ONDCP administers
several grant programs, including the HIDTA and DFC programs, which support the overall
federal drug control program.26
High Intensity Drug Trafficking Areas (HIDTA) Program
The HIDTA program provides assistance to law enforcement agencies—at the federal, state, local,
and tribal levels—that are operating in regions of the United States that have been deemed as
critical drug trafficking regions.27 The program aims to reduce drug production and trafficking
through the following:
 promoting coordination and information sharing among federal, state, local, and
tribal law enforcement;

24 21 U.S.C. §1705(f)(3)(A).
25 U.S. Government Accountability Office (GAO), Drug Control: The Office of National Drug Control Policy Should
Develop Key Planning Elem ents to Meet Statutory Requirem ents, GAO-20-124, December 2019.
26 For more information about the broader federal drug control program, see Executive Office of the President, Office of
National Drug Control Policy, National Drug Control Strategy: FY2021 Budget and Perform ance Sum mary , June 2020.
27 Congress initially created the HIDT A program through the Anti-Drug Abuse Act of 1988 (P.L. 100-690). It was
permanently authorized through the Office of National Drug Con trol Policy Reauthorization Act of 2006 (P.L. 109-
469).
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 bolstering intel igence sharing among federal, state, local, and tribal law
enforcement;
 providing reliable intel igence to law enforcement agencies such that they may be
better equipped to design effective enforcement operations and strategies; and
 promoting coordinated law enforcement strategies that rely upon available
resources to reduce il egal drug supplies not only in a given area, but throughout
the country.28
The HIDTA program does not focus on a specific drug threat, such as heroin trafficking; rather,
funds are used to support the most pressing initiatives in a region. These range from multiagency
enforcement initiatives involving investigation, interdiction, and prosecution, to drug use
prevention and treatment initiatives.
The ONDCP Director has the authority to designate areas within the United States that are centers
of il egal drug production, manufacturing, importation, or distribution as HIDTAs.29 There are
currently 33 designated HIDTAs in the United States and its territories, and ONDCP indicates
that of the 100 most populous metropolitan areas in the United States, 99 are included in areas
designated as HIDTAs.30 The HIDTA program is administered by ONDCP at the national level,
but each of the HIDTA regions is governed by its own Executive Board. Each board is
responsible for providing direction and oversight in establishing and achieving the goals of the
HIDTA, managing the funds of the HIDTA, and evaluating the initiatives in the region.31
Funding for the HIDTA program is provided by a direct appropriation to the HIDTA subaccount
under the ONDCP account. From the total HIDTA program appropriation, each HIDTA receives a
base amount of funding to support initiatives in its region, and the remainder of the overal
HIDTA appropriation is al ocated to HIDTAs based on specific priorities throughout the
country—determined collectively by the HIDTA directors and ONDCP. Beginning with the
FY2019 budget request, and in subsequent budget requests, the Trump Administration proposed
transferring the administration of the HIDTA program out of ONDCP and into the Department of
Justice (DOJ), specifical y the Drug Enforcement Administration (DEA).32 As a law enforcement
agency within DOJ, the DEA participates in the HIDTA program, including at the Intel igence
Support Centers within each HIDTA, but does not currently administer HIDTA or other grant
programs. Congress declined to support the proposed transfer and continued to fund the HIDTA
program as a grant program administered by ONDCP. The Biden Administration has not proposed
any changes to the administration of the HIDTA program. However, as Congress considers
ONDCP’s role in federal drug control, policymakers may continue to examine whether the
HIDTA program would be best administered by ONDCP or another entity.

28 21 U.S.C. §1706(a)(2).
29 T he HIDT A program uses counties as the geographic unit of inclusion in the program. Four main criteria are
considered when designating an area as a HIDT A: the extent to which (1) the area is a significant center of illegal drug
production, manufacturing, importation, or distribution; (2) state, local, and tribal law enforcement agencies have
committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to
respond aggressively to the problem; (3) drug-related activities in the area are having a significant harmful impact in
the area and in other areas of the country; and (4) a significant increase in allocation of federal resources is necessary to
respond adequately to drug related activities in the area. See 21 U.S.C. §1706(d).
30 Data provided to CRS by ONDCP, Office of Congressional Affairs, Apr il 20, 2021.
31 Executive Office of the President, Office of National Drug Control Policy, HIDTA Program Policy and Budget
Guidance, January 6, 2020.
32 Office of Management and Budget, Efficient, Effective, Accountable: An American Budget, FY2019.
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SUPPORT Act Changes to HIDTA
The SUPPORT Act reauthorized and amended the HIDTA program. In doing so, it removed the
prohibition on the use of HIDTA funds to establish or expand drug treatment programs and
specified that a maximum of 5% of HIDTA appropriated funds can be used for “substance use
disorder treatment programs and drug prevention programs.”33 It also authorized $280 mil ion to
be appropriated for the HIDTA program each year for FY2018 through FY2023 and specified that
at least $7 mil ion annual y should be spent on HIDTAs with severe neighborhood safety and
il egal drug distribution problems. It required that the HIDTA Director develop and disseminate to
HIDTAs best practices for helping state, local, and tribal governments with “witness protection or
assistance in cases of il egal drug distribution and related activities.” The SUPPORT Act
specifical y authorized ONDCP to use HIDTA funds to implement its drug overdose response
strategy (see text box below).34
The SUPPORT Act also authorized the ONDCP Director to use $10 mil ion of the funds
otherwise appropriated to ONDCP to provide supplemental competitive grants to HIDTAs whose
drug trafficking areas have experienced high seizures of fentanyl and new psychoactive
substances35 for (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.
Overdose Response Strategy
In 2015, ONDCP launched the Heroin Response Strategy, now cal ed the Overdose Response Strategy (ORS), as
“a multi-HIDTA, cross-disciplinary approach that develops partnerships among public safety and public health
agencies at the Federal, state and local levels to reduce drug overdose fatalities and disrupt trafficking in il icit
opioids.”36 Through ORS, HIDTA partners with the Centers for Disease Control and Prevention, and the
partnership of drug intel igence officers and public health analysts now involves 21 programs across 34 states and
the District of Columbia.37 The HIDTA program notes that through these programs, ORS has the ability to
improve access to near real-time data for rapid overdose response, increase timely and accurate information
about emerging drug threats, promote multi-disciplinary and multi-agency data sharing and col aboration, promote
prevention strategies in schools and high-risk communities, and support first responder behavioral and mental
health.38

33 Previously, HIDT A funds could not be used to establish or expand drug treatment programs (though they could be
used to support ongoing initiatives). And, before enactment of the SUPPORT Act, up to 5% of HIDT A funds could be
used to establish drug prevention programs.
34 T he SUPPORT Act authorized the ONDCP Director to use funds to implement a drug overdose response strategy in
HIDT A by (1) coordinating multidisciplinary efforts to prevent, reduce, and respond to drug overdoses, including the
uniform reporting of fatal and nonfatal overdoses to public health and safety officials; (2) increasing data sharing
among public safety and public health officials concerning drug-related abuse trends and related crime; and (3)
enabling collaborative deployment of prevention, intervention, and enforcement resources to address substance use
addiction and narcotics trafficking.
35 For more information on new psychoactive substances, see Drug Enforcement Administration (DEA), About
Synthetic Drugs, https://www.deadiversion.usdoj.gov/synthetic_drugs/about_sd.html.
36 Executive Office of the President, Office of National Drug Control Policy, Heroin Response Strategy, Annual
Program Report for 2016, May 2, 2017, p. 1.
37 Executive Office of the President, Office of National Drug Control Policy, The Overdose Response Strategy: 2019
Annual Report, https://www.hidtaprogram.org/pdf/ors_report_2019.pdf.
38 Ibid.
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Drug-Free Communities (DFC) Support Program
Congress and the Clinton Administration created the DFC program through the Drug-Free
Communities Act of 1997 (P.L. 105-20).39 This grant program is co-administered by ONDCP and
the Centers for Disease Control and Prevention (CDC),40 and it funds community-based coalitions
that aim to prevent youth substance use and misuse.41 The SUPPORT Act authorized $99 mil ion
in appropriations for ONDCP for the DFC program for each of FY2018 through FY2023.
According to the CDC, the DFC program aims to mobilize community leaders to identify and
respond to the drug problems unique to their community and change local community
environmental conditions tied to substance use. In FY2020, DFC funded 733 community
coalitions across the country. These coalitions are made up of youth; parents; businesses; media;
schools; youth-serving organizations; law enforcement; religious or fraternal organizations; civic
or volunteer groups; healthcare professionals or organizations; state, local, and tribal government
agencies; and other local organizations involved in reducing substance use. These coalitions
receive funding up to $125,000 per year to enhance collaboration among local partners and create
an infrastructure that reduces youth substance use.42
Other Drug Control Programs
Aside from the HIDTA and DFC programs, ONDCP administers several other programs,
including the Drug Court Training and Technical Assistance Program, National Community
Antidrug Coalition Institute, anti-doping activities and dues for the World Anti-Doping Agency,
Model Acts Program, and National Anti-Drug Media Campaign.
Drug Court Training and Technical Assistance Program
ONDCP supports training and technical assistance (TTA) for states, state courts, local courts, and
units of local government with drug courts or considering drug courts43 in developing,
maintaining, and enhancing alternatives to incarceration for individuals with addiction through a
competitive grant program. Prior to enactment of the SUPPORT Act, this TTA did not have a
specific statutory authority, and it received an appropriation each year under the ONDCP, Other
Federal Drug Control Programs account. The SUPPORT Act provided an authorization for the
Drug Court Training and Technical Assistance program under ONDCP. It authorized $2 mil ion
for each of FY2018-FY2023.

39 21 U.S.C. §§1521 et seq.
40 Prior to FY2020, ONDCP co-administered the DFC program with the Substance Abuse and Mental Health Services
Administration (SAMHSA).
41 T he SUPPORT Act defined “substance use and misuse” as the illegal use or misuse of drugs, including any
substance listed in Schedules I-V of the Controlled Substances Act; the misuse of inhalants or over -the-counter drugs;
or the use of alcohol, tobacco, or other related products as such use is prohibited by state or local law. See 21 U.S.C.
§1523(9).
42 Centers for Disease Control and Prevention (CDC), Drug Overdose: Drug-Free Communities, April 2021,
https://www.cdc.gov/drugoverdose/drug-free-communities/index.html.
43 For more information on drug courts, see CRS Report R44467, Federal Support for Drug Courts: In Brief.
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National Community Antidrug Coalition Institute
In 2001, Congress and President George W. Bush first authorized a grant to an eligible nonprofit
organization to establish the National Community Antidrug Coalition Institute (NCI).44 The NCI
was authorized to (1) provide education, training, and technical assistance for coalition leaders
and community teams; (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. This program is jointly administered by ONDCP and SAMHSA.
The SUPPORT Act authorized the Director to make a grant of $2 mil ion for each of FY2018
through FY2023 to maintain NCI.45 The Community Anti-Drug Coalitions of America (CADCA)
has been the primary recipient of this grant.46
Anti-Doping Activities and Dues for the World Anti-Doping Agency
ONDCP coordinates U.S. anti-doping activities, and the Director represents the United States at
the World Anti-Doping Agency (WADA).47 Each year, Congress appropriates funds to ONDCP
for anti-doping activities and U.S. membership dues to WADA. Authorization for appropriations
for anti-doping activities has expired, but in FY2020, the last year of authorization, $14.8 mil ion
was authorized for the U.S. Anti-Doping Agency.48
Model Acts Program
The ONDCP Model Acts program, formerly cal ed the Model State Drug Laws program, is a
grant program that supports efforts “to advise states on establishing laws and evidence-based
policies to prevent and treat substance use, provide support to those in recovery, and enhance and
support sensible criminal justice efforts.”49 The Legislative Analysis and Public Policy
Association (LAPPA) received the 2019-2021 Model Acts grant and, according to ONDCP,
“conducts research and analysis on effective model laws, provides technical assistance to
legislators, and drafts model legislation on current and emerging il icit drug issues.”50 The
SUPPORT Act authorized $1.25 mil ion for this program for each of FY2018-FY2023.
National Anti-Drug Media Campaign
In 1998, ONDCP launched the National Youth Anti-Drug Media Campaign, which aimed to
change youth attitudes about drug use and reverse youth drug trends through targeted media ads.51

44 See the Drug Free Communities Support Program Reauthorization (P.L. 107-82).
45 21 U.S.C. §1521 note.
46 For more information about CADCA, see https://www.cadca.org/.
47 See Executive Order 13165, “White House T ask Force on Drug Use in Sports and United States Representative on
the Board of the World Anti-Doping Agency,” 65 Federal Register 49469, February 28, 2003. See 21 U.S.C. §§2401 et
seq. for authorized activities relevant to WADA and anti-doping.
48 21 U.S.C. §2003. While not specifically authorized in U.S. Code, Congress also appropriates funding for U.S.
membership dues to WADA.
49 Executive Office of the President, Office of National Drug Control Policy, Model Acts,
https://trumpwhitehouse.archives.gov/ondcp/other-grant-programs/model-state-anti-drug-laws/.
50 Ibid.
51 Executive Office of the President, Office of National Drug Control Policy, The National Drug Control Strategy,
1998: Budget Sum mary.
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In multiple evaluations, it was reported that the program did not have favorable effects on youth
behavior or beliefs.52 These initial ads were phased out, and ONDCP recreated the youth media
campaign in Above the Influence (ATI); this new approach used a “highly visible and effective
national messaging presence while encouraging youth participation with ATI at the community
level.”53 One study indicated that ATI was “trending toward positive impacts on attitudes and
behavior” and “continues to have noteworthy potential.”54 Another study noted positive impacts
in discouraging female 8th grade students from initiating marijuana use, but it did not identify any
significant influence over male 8th grade students or students in grades 10 and 12.55 The National
Youth Anti-Drug Media Campaign stopped receiving appropriations in FY2011, although various
media initiatives have been supported by ONDCP since then. For example, in 2018 ONDCP
released “The Truth About Opioids” drug-prevention ads in collaboration with the Ad Council
and Truth Initiative.56
The SUPPORT Act authorized $25 mil ion for the National Anti-Drug Media Campaign for each
of FY2018-FY2023 and specifies various functions of the program. It outlines various restrictions
on the use of funds under this program and sets measures of financial and performance
accountability. The Director must submit an annual report to Congress on the performance of the
program.
ONDCP Going Forward
The role, influence, and nature of ONDCP have evolved over the last several decades. ONDCP
was created during the war on drugs, and the Director was often referred to as the Drug Czar.
While treatment and prevention were part of its efforts, the original focus of the office and its
Strategy were on a law enforcement response to the nation’s drug abuse.57 However, ONDCP
distanced itself from the war on drugs term beginning in 2009.58 Further, according to ONDCP’s
account of current drug control spending (see Table 1), a greater percentage of drug control
funding is spent on treatment and prevention than on supply control. While drug use and abuse

52 Westat, Evaluation of the National Youth Anti-Drug Media Campaign: 2004 Report of Findings, Executive
Summary, Rockville, MD; Westat and Annenberg School for Communication, Evaluation of the National Youth Anti-
Drug Media Cam paign: 2003 Report of Findings, Executive Summary, Rockville, MD; and Westat and Annenberg
School for Communication, Evaluation of the National Youth Anti-Drug Media Cam paign: Fifth Sem i-Annual Report
of Findings, Executive Summary, Rockville, MD.
53 Executive Office of the President, Office of National Drug Control Policy, National Youth Anti-Drug Media
Cam paign, https://obamawhitehouse.archives.gov/ondcp.
54 Michael D. Slater et al., “Assessing Media Campaigns Linking Marijuana Non-Use with Autonomy and Aspirations:
‘Be Under Your Own Influence’ and ONDCP’s ‘Above the Influence’,” Prevention Science, vol. 12, no. 1 (March
2011), pp. 12-22.
55 Christopher S. Carpenter and Cornelia Pechmann, “Exposure to the Above the Influence Antidrug Advertisements
and Adolescent Marijuana Use in the United States, 2006 -2008,” Am erican Journal of Public Health, vol. 101, no. 5
(May 2011), pp. 948-954.
56 See Executive Office of the President, Office of National Drug Control Policy, “White House Releases New Drug
Prevention Ad,” October 22, 2018, https://trumpwhitehouse.archives.gov/briefings-statements/white-house-releases-
new-drug-prevention-ad/.
57 Executive Office of the President, Office of National Drug Control Policy, National Drug Control Strategy,
September 1989.
58 Executive Office of the President, Office of National Drug Control Policy, A Drug Policy for the 21st Century,
https://obamawhitehouse.archives.gov/ondcp/drugpolicyreform; and Gary Fields, “ White House Czar Calls for End to
‘War on Drugs’,” The Wall Street Journal, May 14, 2009.
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had been considered primarily a criminal justice problem, it has transitioned to being viewed as a
problem to be solved by the criminal justice and public health systems.
Federal Drug Control Spending
Mirroring this shift in thinking about how to effectively respond to drug abuse, federal drug
control spending has increased the proportion of money al ocated for prevention and treatment
and decreased that for enforcement and interdiction. In more recent years, the proportion of the
National Drug Control Budget al ocated to supply reduction activities (domestic law enforcement,
international initiatives, and interdiction) has been relatively similar to the proportion al ocated to
demand reduction activities (treatment and prevention) (see Table 1). Notably, for FY2021 about
57% ($22.874 bil ion) of the National Drug Control Budget was al ocated to demand reduction
activities, while about 43% ($17.501 bil ion) was al ocated to supply reduction activities. The
Biden Administration has requested a similar proportion of demand reduction ($23.501 bil ion) to
supply reduction ($17.543 bil ion) funding for FY2022.59
Table 1. National Drug Control Spending by Function, FY2017–FY2021
(Amounts in bil ions of dol ars)
Function
FY2017
FY2018
FY2019
FY2020
FY2021
Treatment
$12.169
$14.548
$15.440
$16.460
$20.070
Prevention
1.572
2.264
2.136
2.177
2.804
Domestic Law Enforcement
8.982
9.444
9.641
10.237
10.561
Interdiction
4.596
5.566
8.308
9.546
5.838
International Initiatives
1.494
1.465
1.283
1.264
1.102
Total
28.813
33.287
36.808
39.683
40.374
Total Demand Reduction
13.741
16.812
17.576
18.637
22.874
Percentage of Total Drug
47.7%
50.5%
47.8%
47.0%
56.7%
Control Budget
Total Supply Reduction
15.072
16.475
19.233
21.047
17.501
Percentage of Total Drug
52.3%
49.5%
52.3%
53.0%
43.3%
Control Budget
Source: Amounts taken from Executive Office of the President, Office of National Drug Control Policy, National
Drug Control Budget, FY2022 Funding Highlights, May 2021. Percentages calculated by CRS.
Notes: Amounts may not add to totals due to rounding. ONDCP defines demand reduction as treatment and
prevention, and supply reduction as domestic law enforcement, interdiction, and international initiatives.
In considering future changes to ONDCP, Congress may evaluate whether summarizing drug
control spending in this way (1) is a true measure of drug control; (2) reflects the
Administration’s drug control priorities; and (3) is a necessary step to take each year.

59 Executive Office of the President, Office of National Drug Control P olicy, National Drug Control Budget, FY2022
Funding Highlights, May 2021.
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Status of the Director’s Role
The decision on whether to include the Director in the Cabinet rests with each President.60 The
Director was elevated to a Cabinet-level position in 1993 by President Clinton. In 2009, the role
was returned to a non-Cabinet-level position when President Obama opted not to include the
Director in his Cabinet. The Director was not in President Trump’s Cabinet, and the status did not
change with the reauthorization of ONDCP under the SUPPORT Act. Thus far, President Biden
has not elected to re-elevate the position to the Cabinet. As the Senate weighs confirmation of the
Director, they may consider how this role guides the nation’s policies, particularly if the position
remains outside of the President’s Cabinet.
ONDCP and Opposition to Legalization of Schedule 1 Controlled Substances
In 1970, the Control ed Substances Act (CSA) designated marijuana and other drugs as Schedule I control ed
substances. This official y prohibited the unauthorized manufacture, distribution, dispensing, and possession of
these substances. Under the CSA, there are five schedules under which substances may be classified—Schedule I
being the most restrictive.61 Substances placed onto one of the five schedules are evaluated on actual or relative
potential for abuse; known scientific evidence of pharmacological effects; current scientific knowledge of the
substance; history and current pattern of abuse; scope, duration, and significance of abuse; risk to public health;
psychic or physiological dependence liability; and whether the substance is an immediate precursor of an already
scheduled substance.
With respect to the CSA, current law requires that the Director

ensure that ONDCP’s funding is not used for any study or contract relating to the legalization of a substance
listed on Schedule I of the CSA, and

oppose any attempt to legalize any substance that the Food and Drug Administration has not approved for
medical use.62
These requirements placed on the Director have come under scrutiny given the current climate concerning
marijuana. Despite federal restrictions related to marijuana, states have deviated by establishing a range of laws
and policies al owing its medical and recreational use. 63 Further, Congress has demonstrated interest in amending
the Schedule I status of marijuana. Going forward, Congress may choose to reevaluate ONDCP’s ability to
support or oppose legalization or remain neutral.
Federal agencies such as the DEA and SAMHSA counter drug abuse through various means
ranging from enforcement and interdiction to administering treatment and prevention grants. The
extent to which ONDCP influences the activities of these and other agencies that are essential to
federal drug control is unclear. With further legislation and oversight of ONDCP, Congress may
question and evaluate the role and influence that the office and its Director have in U.S. drug
policy.

60 For discussion of the President’s Cabinet, see CRS In Focus IF11618, United Nations Issues: Cabinet Rank of the
U.S. Perm anent Representative.
61 For broader discussion of scheduling, see CRS Report R45948, The Controlled Substances Act (CSA): A Legal
Overview for the 117th Congress.
62 21 U.S.C. §1703(b)(12).
63 For more information, see CRS Report R44782, The Marijuana Policy Gap and the Path Forward.
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Author Information

Lisa N. Sacco
Kristin Finklea
Analyst in Illicit Drugs and Crime Policy
Specialist in Domestic Security

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under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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