[House Report 109-315]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-315
HOUSE OF REPRESENTATIVES
2d Session Part 2
======================================================================
OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2005
_______
March 3, 2006.--Ordered to be printed
_______
Mr. Barton of Texas, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 2829]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 2829) to reauthorize the Office of National Drug
Control Policy Act, having considered the same, report thereon
with an amendment and without recommendation.
CONTENTS
Page
Amendment........................................................ 1
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 5
Statement of General Performance Goals and Objectives............ 5
New Budget Authority, Entitlement Authority, and Tax Expenditures 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Estimate............................. 5
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Constitutional Authority Statement............................... 9
Applicability to Legislative Branch.............................. 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill, as Reported............ 9
Amendment
The amendment (stated in terms of the text reported on
November 18, 2005 by the Committee on Government Reform; H.
Rept. 109-315, part 1) is as follows:
Strike Title II and amend the table of contents
accordingly.
Purpose and Summary
Title II of H.R. 2829, as reported by the Committee on
Government Reform, established minimum standards for the
testing of steroids and other performance-enhancing substances
by professional sports leagues. H.R. 2829 required the Office
of National Drug Control Policy (ONDCP) to issue regulations
requiring certain professional sports organizations adopt
uniform minimum testing and enforcement provisions for steroid
and other performance-enhancing drugs programs. Additionally,
H.R. 2829 required certain reports by the sports leagues and by
the ONDCP. The regulations include provisions for the timing
and frequency of testing athletes, the substances tested, and
penalties for athletes who violate the policies.
Background and Need for Legislation
Athletics have played an important role in the cultural
development and identity of the United States. America's
enthusiasm for participation in sports is exceeded only by its
enthusiasm as spectators. Sports at the collegiate, Olympic,
and professional levels have evolved since the latter half of
the twentieth century into a profitable industry for many of
the industry participants. Nowhere is this more apparent than
at the highest level of competition: professional sports.
The average annual player's salary in the most popular
professional team sports is over $1 million, with the highest
paid athletes earning as much as $20 million per season in
salary. Additionally, endorsement opportunities for individual
professional athletes often produce substantial financial
gains. A plethora of media outlets nowexist to provide non-stop
coverage and broadcast of major professional sports, including sport-
specific mediums. In total, the professional sports and related
industries are multi-billion dollar enterprises.
Most sports experts believe the media attention and riches
afforded to top athletes contribute to the temptation facing
many athletes to use performance-enhancing substances for a
competitive advantage. The prospect of earning millions of
dollars can outweigh the risk, if any, of being caught using
illegal or prohibited performance-enhancing substances.
Although the financial rewards in the modern sports era are
greater than at any time in history, they are not the sole
reason for doping in sports. In fact, the history of athletic
doping, particularly through the use of stimulants, has been
traced to the earliest days of the Olympics. Of greater
relevance to the history of modern doping is the increased
acceptance of testosterone and steroid use, along with other
substances and techniques, by some athletes for their
physiological benefits in the latter half of the twentieth
century. Steroid use by Olympic athletes is reported to have
been widespread beginning as early as the 1960's, and naturally
began to find its way into professional sports.
To combat doping, the Olympic movement created the World
Anti-Doping Agency (WADA) in 1999 to implement and enforce
testing policies for Olympic sports. In the United States, the
U.S. Anti-Doping Agency performs the testing for Olympic
athletes. Some professional sports, including professional
tennis, follow the WADA code for prohibited substances and
penalties.
Other professional sports associations and their players
have responded similarly to the growing awareness of doping and
implemented anti-drug testing programs during the past two
decades. However, not all programs test for the same
performance-enhancing substances, test using strict protocols
including frequency of testing, nor do they enforce violations
with significant penalties--if at all. Some professional sports
associations do not even test for steroids and other
performance-enhancing substances. While these provisions have
historically been the subject of negotiation between the
players and the sports associations, many of the programs are
considered by experts to be deficient, particularly in regard
to the penalties imposed on a player for violating the policy.
The integrity of professional sports is diminished because
there are inconsistent and inadequate testing policies among
the various leagues. Recent allegations and admissions by
current and former athletes of regarding their use of steroids
have undermined the credibility of some sports and their
testing programs, and cast a wider doubt about the prevalence
of doping by professional athletes. More importantly, the
effect of the disparate policies--including those that do not
even test for certain illegal substances nor punish athletes
for taking the substances--is to promote the perception that
the use of such substances by some professional athletes is at
best tolerated and at worst encouraged.
Such an effect contributes to the serious problem of youths
increasingly using performance-enhancing substances, such as
illegal steroids. Based on the May 2004 Centers for Disease
Control report, there are more than 800,000 high school
students who have used or are currently using anabolic
steroids. There is no doubt that youths often seek to emulate
sports idols, particularly in the professional ranks. Absent
rigorous testing and penalties for professional athletes who
use performance-enhancing substances, there is a clear message
sent to youths that deterrence is not a priority.
The Committee's concern is the diminished value of the
positive qualities of sport and the adverse health consequences
of performance-enhancing substances for individuals.
In order to examine these issues more closely, the
Subcommittee on Commerce, Trade, and Consumer Protection held a
joint oversight hearing with the Subcommittee on Health on
steroid use on Thursday, March 10, 2005. The hearing was
entitled ``Steroids in Sports: Cheating the System and Gambling
Your Health.'' The Subcommittees received testimony from:
Congressman Jim Ryun; Don Hooton, Taylor Hooton Foundation; Dr.
Linn Goldberg, Oregon Health & Science University; Robert
Kanaby, Executive Director, National Federation of State High
School Associations; Sandra Worth, Head Athletic Trainer,
University of Maryland, on behalf of the National Athletic
Trainers Association; Dr. Charles Yesalis, Pennsylvania State
University; Dr. Ralph Hale, Chairman, United States Anti-Doping
Agency; Adolpho Birch, Counsel for Labor Relations, National
Football League; Frank Coonelly, Senior Vice President, Major
League Baseball; Mary E. Wilfert, Chief Liaison, Committee on
Competitive Safeguards and Medical Aspects of Sports, The
National Collegiate Athletic Association.
While the Subcommittee on Commerce, Trade, and Consumer
Protection did not hold any hearings on H.R. 2829, the
Subcommittee held two days of legislative hearing on H.R. 1862,
the Drug Free Sports Act, on May 18 and 19, 2005. The
Subcommittee received testimony from: Frank Shorter, former
Chairman of the United States Anti-Doping Agency; Donald
Garber, Commissioner, Major League Soccer; Robert Foose,
Executive Director, Major League Soccer Players Union; Allan H.
(Bud) Selig, Commissioner, Major League Baseball; Donald Fehr,
Executive Director, Major League Baseball Players Association;
Gary Bettman, Commissioner, National Hockey League; Robert
Goodenow, Executive Director, National Hockey League Players
Association; David Stern, Commissioner, National Basketball
Association; William Hunter, Executive Director, National
Basketball Players Association; Paul Tagliabue, Commissioner,
National Football League; and Gene Upshaw, Executive Director,
National Football League Players Association.
Following these hearings, on Wednesday, May 25, 2005, the
Subcommittee on Commerce, Trade, and Consumer Protection met in
open markup session and approved H.R. 1862, the Drug Free
Sports Act, for full Committee consideration, amended, by voice
vote, a quorum being present. H.R. 1862 was superseded by H.R.
3084, which was marked up on Wednesday, June 29, 2005, by the
full Committee, and H.R. 3084 was ordered favorably reported to
the House, amended, by a roll call vote of 38 yeas and 2 nays,
a quorum being present.
The Committee filed a report on H.R. 3084 (H. Rpt. 109-210,
Part I) on July 28, 2005, which reflects the legislative
position of the Committee on Energy and Commerce with regards
to legislation relating to steroids.
The Committee does not waive its jurisdiction over Title I
of the bill, as it received a referral of the bill upon
introduction prior to the inclusion of Title II by the
Committee on Government Reform. Accordingly, the Committee on
Energy and Commerce Committee reserves its right to seek
conferees on any provisions of the bill that are within its
jurisdiction during any House-Senate conference that may be
convened on this legislation.
Hearings
The Committee on Energy and Commerce has not held hearings
on the legislation.
Committee Consideration
On Thursday, February 16, 2006, the full Committee met in
open markup session to consider H.R. 2829, as reported by the
Committee on Government Reform, and ordered H.R. 2829 reported
to the House, amended, without recommendation, by a voice vote,
a quorum being present.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 2829 reported. A motion by Mr. Barton to order H.R. 2829
reported to the House, amended, without recommendation, was
agreed to by a voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has not held oversight
or legislative hearings on this legislation.
Statement of General Performance Goals and Objectives
The purpose of H.R. 2829, the Office of National Drug
Control Policy Reauthorization Act of 2005 is to reauthorize
the Office of National Drug Control Policy (ONDCP) within the
Executive Office of the President for five years, through the
end of FY 2010.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2829, the Office of National Drug Control Policy
Reauthorization Act of 2005, would result in no new or
increased budget authority, entitlement authority, or tax
expenditures or revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 2, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed estimate for H.R. 2829, a bill to
reauthorize the Office of National Drug Control Policy Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Donald B. Marron, Acting Director.
Enclosure.
H.R. 2829--A bill to reauthorize the Office of National Drug Control
Policy Act
Summary: H.R. 2829 would reauthorize operations of the
Office of National Drug Control Policy (ONDCP) and programs
administered by that office through 2010. Major programs
administered by that office include the High-Intensity Drug
Trafficking Areas program, the National Youth Anti-Drug Media
Campaign, and the Counterdrug Technology Assessment Center.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 2829 would cost about $2.6
billion over the 2007-2011 period. Of this total, about $1.9
billion would result from amounts specifically authorized for
the National Youth Anti-Drug Media Campaign and High-Intensity
Drug Trafficking Areas.
By reauthorizing ONDCP's authority to accept and spend
gifts, enacting H.R. 2829 could affect direct spending and
revenues, but CBO estimates that any such impact would be
negligible.
H.R. 2829 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs incurred by state, local, or tribal entities would
result from participating in a voluntary federal program.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 2829 is shown in the following table.
The costs of this legislation fall within budget functions 750
(administration of justice) and 800 (general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2006 2007 2008 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law for ONDCP:
Budget Authority \2\........................................ 479 0 0 0 0 0
Estimated Outlays........................................... 484 196 36 11 0 0
Proposed Changes:
High-Intensity Drug Trafficking Areas:
Authorization Level..................................... 0 290 290 300 300 0
Estimated Outlays....................................... 0 73 247 278 299 225
National Youth Anti-Drug Media Campaign:
Authorization Level..................................... 0 195 210 210 210 0
Estimated Outlays....................................... 0 176 209 210 210 21
Other Federal Drug Control Programs:
Estimated Authorization Level........................... 0 97 98 100 102 0
Estimated Outlays....................................... 0 81 94 98 100 14
Counterdrug Technology Assessment Center:
Estimated Authorization Level........................... 0 31 31 32 32 0
Estimated Outlays....................................... 0 29 31 32 32 2
Office of National Drug Control Policy:
Estimated Authorization Level........................... 0 28 29 30 30 0
Estimated Outlays....................................... 0 24 28 30 30 5
Other Provisions:
Estimated Authorization Level........................... 0 7 7 7 7 0
Estimated Outlays....................................... 0 6 7 7 7 0
Total Proposed Changes:
Estimated Authorization Level....................... 0 647 665 679 681 0
Estimated Outlays................................... 0 387 614 654 676 267
Total Spending Under H.R. 2829 for ONDCP:
Estimated Authorization Level a......................... 479 647 665 679 681 0
Estimated Outlays....................................... 484 583 650 665 676 267
----------------------------------------------------------------------------------------------------------------
a The 2006 level is the amount appropriated for that year for programs administered by the Office of National
Drug Control Policy.
Note: Components may not sum to totals because of rounding.
Basis of Estimate: For this estimate, CBO assumes that the
bill will be enacted during fiscal year 2006, that the
necessary amounts will be provided each year, and that spending
will follow historical patterns for the ONDCP and its programs.
Spending subject to appropriation
The bill would reauthorize all the programs of ONDCP
through 2010. The current authorization for ONDCP expired at
the end of fiscal year 2003 (although the office continued to
receive funding in 2004, 2005, and 2006). Based on information
from ONDCP and historical spending patterns of the agency, CBO
estimates that these authorizations, if funded beginning in
fiscal year 2007, would result in outlays of about $387 million
in 2007 and about $2.6 billion over the 2007-2011 fiscal year.
High-Intensity Drug Trafficking Areas. Section 109 would
authorize the appropriation of $290 million for fiscal years
2007 and 2008 and $300 million a year for 2009 and 2010 for the
High-Intensity Drug Trafficking Areas program. This program
coordinates drug-control efforts among local, state, and
federal law enforcement agencies. Assuming appropriation of the
specified amounts, CBO estimates that implementing this
provision would cost $73 million in fiscal year 2007 and $1.1
billion over the 2007-2011 period.
National Youth Anti-Drug Media Campaign. Section 112 would
authorize the appropriation of $195 million in fiscal year 2007
and $210 million a year for the 2008-2010 period for the
National Youth Anti-Drug Media Campaign (NYADMC) program.
NYADMC delivers anti-drug messages through mass communications
to help prevent and reduce youth drug use. Assuming
appropriations of the specified amounts, CBO estimates that
implementing this provision would cost $176 million in 2007 and
about $825 million over the 2007-2011 period.
Other Federal Drug Control Programs. H.R. 2829 would
authorize the appropriation of such sums as necessary to
operate other federal drug-control programs (excluding NYADMC)
through fiscal year 2010. Those include the Drug-Force
Communities program, National Drug Court Institute, and the
U.S. Anti-Doping Agency. Based on the level of funding for
2006, information from ONDCP, and adjusting for anticipated
inflation, CBO estimates that implementing the programs would
cost about $81 million in 2007 and $387 million over the 2007-
2011 period.
Counterdrug Technology Assessment Center. The legislation
would authorize the appropriation of such sums as necessary to
operate the Counterdrug Assessment Center. The center
coordinates counterdrug research and development activities for
the federal government. Because the bill did not specify
funding levels, CBO estimated the costs by adjusting 2006
funding for anticipated inflation. On that basis, we estimate
that operation of the center would cost $29 million in 2007 and
$126 million over the 2007-2011 period.
Office of National Drug Control Policy. H.R. 2829 would
authorize the appropriation of such sums as necessary for
ONDCP. The office establishes policies, priorities, and
objectives for federal drug-control programs. Assuming
appropriation of the necessary amounts, CBO estimates that
these activities would cost $24 million in 2007 and $115
million over the 2007-2011 period. This estimate is based on
historical spending patterns and assumes that the appropriation
for 2006 would be adjusted for anticipated inflation.
Other Provisions. Section 106 would require ONDCP to
produce a biannual plan to increase the coordination among
federal agencies working to combat illegal drug use. Based on
information from ONDCP, CBO estimates that completing such
plans would cost $3 million a year.
Section 113 would amend the responsibilities and
authorities of the United States Interdiction Coordinator.
Based within the ONDCP, the U.S. Interdiction Coordinator would
be responsible for coordinating efforts to prevent drugs from
entering the United States. Based on information from ONDCP and
the Department of Homeland Security, CBO estimates that
increased staffing levels and new reporting requirements
necessary under the bill would cost $2 million annually.
The legislation includes other provisions that would
establish new reporting requirements and procedures for
preparing budget requests for ONDCP. CBO estimates that those
provisions would cost $2 million annually.
Revenues and direct spending
H.R. 2829 would reauthorize ONDCP to accept donations of
real and personal property. Gifts are classified in the budget
as revenues, and spending of such sums would constitute direct
spending. According to ONDCP, it has not received any gifts in
recent years and does not expect to receive any under this
authority. Hence, CBO estimates that additional revenues and
direct spending under H.R. 2829 would be negligible.
Intergovernmental and private-sector impact: H.R. 2829
contains no intergovernmental or private-sector mandates as
defined in UMRA; any cost incurred by state, local, or tribal
entities would result from participating in a voluntary federal
program.
Previous CBO estimates: On August 5, 2005, CBO transmitted
a cost estimate for H.R. 2829 as ordered reported by the House
Committee on Government Reform on June 16, 2005. On July 7,
2005, CBO transmitted a cost estimate for H.R. 2565, a bill to
reauthorize the Office of National Drug Control Policy Act and
to establish minimum drug-testing standards for major
professional sports leagues, as ordered reported by the House
Committee on Government Reform on May 26, 2005.
H.R. 2829 and H.R. 2565 are similar; all three bills would
reauthorize ONDCP and programs administered through that
office. However, the three pieces of legislation would
authorize varying amounts for various activities over different
time periods. CBO's cost estimates for the three bills reflect
those differences.
Estimate prepared by: Federal Costs: Matthew Pickford and
Mark Grabowicz. Impact on State, Local, and Tribal Governments:
Sarah Puro. Impact on the Private Sector: Craig Cammarata.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
The Committee deleted Title II, the Clean Sports Act, from
H.R. 2829 as reported by the Committee on Government Reform. A
complete section-by-section analysis of H.R. 2829 can be found
in H. Rept. 109-315, Part 1, as filed by the Committee on
Government Reform.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
OFFICE OF NATIONAL DRUG CONTROL POLICY ACT REAUTHORIZATION ACT OF 1998
SEC. 701. SHORT TITLE.
This title may be cited as the ``Office of National Drug
Control Policy Reauthorization Act of 1998''.
SEC. 702. DEFINITIONS.
In this title:
(1) Demand reduction.--The term ``demand reduction''
means any activity conducted by a National Drug Control
Program agency, other than an enforcement activity,
that is intended to reduce the use of drugs,
including--
(A) * * *
* * * * * * *
(F) drug-free workplace programs; [and]
(G) drug testing[.], including the testing of
employees;
(H) interventions for drug abuse and
dependence; and
(I) international drug control coordination
and cooperation with respect to activities
described in this paragraph.
* * * * * * *
(6) National drug control program.--The 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
and local affairs.
(7) National drug control program agency.--The term
``National Drug Control Program [Agency] agency'' means
any agency that is responsible for implementing any
aspect of the National Drug Control Strategy, including
any agency that receives Federal funds to implement any
aspect of the National Drug Control Strategy, but does
not include any agency that receives funds for drug
control activity solely under the [National Foreign
Intelligence Program,] National Intelligence Program,
the Joint Military Intelligence Program, or Tactical
Intelligence and Related Activities, unless such agency
has been designated--
(A) * * *
* * * * * * *
(9) Office.--Unless the context clearly [implicates]
indicates otherwise, the term ``Office'' means the
Office of National Drug Control Policy established
under section 703(a).
(10) State and local affairs.--The term ``State and
local affairs'' means domestic activities conducted by
a National Drug Control Program agency that are
intended to reduce the availability and use of drugs,
including--
(A) * * *
(B) promotion of coordination and cooperation
among National Drug Control Program agencies
and the drug supply reduction and demand
reduction agencies of the various States,
territories, and units of local government;
[and]
(C) such other cooperative governmental
activities which promote a comprehensive
approach to drug control at the national,
State, territory, and local levels[.];
(D) domestic drug law enforcement, including
domestic drug interdiction and law enforcement
directed at drug users; and
(E) coordination and enhancement of Federal,
State, and local law enforcement initiatives to
gather, analyze, and disseminate information
and intelligence relating to drug control among
domestic law enforcement agencies.
(11) Supply reduction.--The term ``supply reduction''
means any activity of a program conducted by a National
Drug Control Program agency that is intended to reduce
the availability or use of drugs in the United States
and abroad, including--
(A) international drug control, including--
(i) law enforcement outside the
United States; and
(ii) source country programs,
including economic development programs
primarily intended to reduce the
production or trafficking of illicit
drugs;
[(B) foreign and domestic drug intelligence;]
(B) facilitating and enhancing the sharing of
foreign and domestic information and law
enforcement intelligence relating to drug
production and trafficking among National Drug
Control Program agencies, and between those
agencies and foreign law enforcement agencies;
and
(C) interdiction[; and].
[(D) domestic drug law enforcement, including
law enforcement directed at drug users.]
(12) Appropriate congressional committees.--Except
where otherwise provided, the term ``appropriate
congressional committees'' means the Committee on the
Judiciary, the Committee on Appropriations, and the
Caucus on International Narcotics Control of the Senate
and the Committee on Government Reform, the Committee
on the Judiciary, and the Committee on Appropriations
of the House of Representatives.
(13) Law enforcement.--The term ``law enforcement''
or ``drug law enforcement'' means all efforts by a
Federal, State, or local government agency to enforce
the drug laws of the United States or any State,
including investigation, arrest, prosecution, and
incarceration or other punishments or penalties.
SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Establishment of Office.--There is established in the
Executive Office of the President an Office of National Drug
Control Policy, which shall--
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that
national drug control policy;
(3) assess and certify the adequacy of national drug
control programs and the budget for those programs; and
[(4) evaluate the effectiveness of the national drug
control programs.]
(4) evaluate the effectiveness of the national drug
control policy and the National Drug Control Program
agencies' programs, by developing and applying specific
goals and performance measurements.
When developing the national drug control policy, any policy of
the Director relating to syringe exchange programs for
intravenous drug users shall be based on the best available
medical and scientific evidence regarding their effectiveness
in promoting individual health and preventing the spread of
infectious disease, and their impact on drug addiction and use.
In making any policy relating to syringe exchange programs, the
Director shall consult with the National Institutes of Health
and the National Academy of Sciences.
(b) Director and Deputy Directors.--
(1) Director.--There shall be at the head of the
Office a Director of National Drug Control Policy, 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.
* * * * * * *
(3) Other deputy directors.--There shall be in the
[Office--] Office the following additional Deputy
Directors--
(A) a Deputy Director for Demand Reduction,
who shall be responsible for the activities
described in subparagraphs (A) through [(G)]
(I) of section 702(1);
(B) a Deputy Director for Supply Reduction,
[who shall] who shall have substantial
experience and expertise in drug interdiction
operations and other supply reduction
activities, and who shall serve as the United
States Interdiction Coordinator and be
responsible for the activities described in
subparagraphs (A) through (C) of section
702(11); and
(C) a Deputy Director for State and Local
Affairs, who shall be responsible for the
activities described in subparagraphs (A)
through [(C)] (E) of section 702(10) [and
subparagraph (D) of section 702(11)], and
sections 707 and 708 of this Act.
* * * * * * *
SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.
(a) Appointment.--
(1) * * *
* * * * * * *
(3) Designation of other officers.--In the absence of
the Deputy Director, or if the Office of the Deputy
Director is vacant, the Director shall designate such
other [permanent employee] officer or employee of the
Office to serve as the acting Director, if the Director
is absent or unable to serve.
* * * * * * *
(b) Responsibilities.--The Director--
(1) * * *
* * * * * * *
(4) shall make such recommendations to the President
as the Director determines are appropriate regarding
changes in the organization, management, and budgets of
[Federal departments and agencies engaged in drug
enforcement,] National Drug Control Program agencies,
and changes in the allocation of personnel to and
within those departments and agencies, to implement the
policies, goals, priorities, and objectives established
under paragraph (1) and the National Drug Control
Strategy;
* * * * * * *
(7) shall notify any National Drug Control Program
agency if its policies are not in compliance with the
responsibilities of the agency under the National Drug
Control Strategy, transmit a copy of each such
notification to the President and the appropriate
congressional committees, and maintain a copy of each
such notification;
* * * * * * *
(13) shall require each National Drug Control Program
agency to submit to the Director on an annual basis
[(beginning in 1999)] an evaluation of progress by the
agency with respect to drug control program goals using
the performance measures for the agency developed under
section 706(c), including progress with respect to--
(A) * * *
* * * * * * *
(14) shall submit to the [Appropriations committees
and the authorizing committees of jurisdiction of the
House of Representatives and the Senate] appropriate
congressional committees on an annual basis, not later
than 60 days after the date of the last day of the
applicable period, a summary of--
(A) each of the evaluations received by the
Director under paragraph (13); and
(B) the progress of each National Drug
Control Program agency toward the drug control
program goals of the agency using the
performance measures for the agency developed
under section 706(c); [and]
(15) shall ensure that drug prevention and drug
treatment research and information is effectively
disseminated by National Drug Control Program agencies
to State and local governments and nongovernmental
entities involved in demand reduction by--
(A) * * *
* * * * * * *
[(C) developing a single interagency
clearinghouse for the dissemination of research
and information by such agencies to State and
local governments and nongovernmental agencies
involved in demand reduction.]
(C) supporting the substance abuse
information clearinghouse administered by the
Administrator of the Substance Abuse and Mental
Health Services Administration and established
in section 501(d)(16) of the Public Health
Service Act by--
(i) encouraging all National Drug
Control Program agencies to provide all
appropriate and relevant information;
and
(ii) supporting the dissemination of
information to all interested entities;
(16) shall coordinate with the private sector to
promote private research and development of medications
to treat addiction;
(17) shall seek the support and commitment of State
and local officials in the formulation and
implementation of the National Drug Control Strategy;
(18) shall monitor and evaluate the allocation of
resources among Federal law enforcement agencies in
response to significant local and regional drug
trafficking and production threats; and
(19) shall submit an annual report to Congress
detailing how the Office of National Drug Control
Policy has consulted with and assisted State and local
governments with respect to the formulation and
implementation of the National Drug Control Strategy
and other relevant issues.
(c) National Drug Control Program Budget.--
(1) Responsibilities of national drug control program
agencies.--
(A) * * *
* * * * * * *
(C) Content of drug control budget
requests.--A drug control budget request
submitted by a department, agency, or program
under this paragraph shall include all requests
for funds for any drug control activity
undertaken by that department, agency, or
program, including demand reduction, supply
reduction, and State and local affairs,
including any drug law enforcement activities.
If an activity has both drug control and
nondrug control purposes or applications, the
department, agency, or program shall estimate
by a documented calculation the total funds
requested for that activity that would be used
for drug control, and shall set forth in its
request the basis and method for making the
estimate.
(2) National drug control program budget proposal.--
For each fiscal year, following the transmission of
proposed drug control budget requests to the Director
under paragraph (1), the Director shall, in
consultation with the head of each National Drug
Control Program agency--
(A) develop a consolidated National Drug
Control Program budget proposal designed to
implement the National Drug Control Strategy
and to inform Congress and the public about the
total amount proposed to be spent on all supply
reduction, demand reduction, State and local
affairs, including any drug law enforcement,
and other drug control activities by the
Federal Government, which shall conform to the
content requirements set forth in subparagraph
(C) of paragraph (1) of this subsection;
* * * * * * *
(3) Review and certification of budget requests and
budget submissions of national drug control program
agencies.--
(A) * * *
* * * * * * *
(C) Specific requests.--The Director shall
not confirm the adequacy of any budget request
that--
(i) requests funding for Federal law
enforcement activities that do not
adequately compensate for transfers of
drug enforcement resources and
personnel to law enforcement and
investigation activities not related to
drug enforcement as determined by the
Director;
(ii) requests funding for law
enforcement activities on the borders
of the United States that do not
adequately direct resources to drug
interdiction and enforcement as
determined by the Director;
(iii) requests funding for drug
treatment activities that do not
provide adequate result and
accountability measures as determined
by the Director;
(iv) requests funding for any
activities of the Safe and Drug Free
Schools Program that do not include a
clear antidrug message or purpose
intended to reduce drug use;
(v) requests funding to enforce
section 484(r)(1) of the Higher
Education Act of 1965 (20 U.S.C.
1091(r)(1)) with respect to convictions
for drug-related offenses not occurring
during a period of enrollment for which
the student was receiving any Federal
grant, loan, or work assistance;
(vi) requests funding for drug
treatment activities that do not
adequately support and enhance Federal
drug treatment programs and capacity,
as determined by the Director;
(vii) requests funding for fiscal
year 2007 for activities of the
Department of Education, unless it is
accompanied by a report setting forth a
plan for providing expedited
consideration of student loan
applications for all individuals who
submitted an application for any
Federal grant, loan, or work assistance
that was rejected or denied pursuant to
484(r)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1091(r)(1)) by
reason of a conviction for a drug-
related offense not occurring during a
period of enrollment for which the
individual was receiving any Federal
grant, loan, or work assistance;
(vii) requests funding for fiscal
year 2007 for activities of the
Department of Education, unless it is
accompanied by a report setting forth a
plan for providing expedited
consideration of student loan
applications for all individuals who
submitted an application for any
Federal grant, loan, or work assistance
that was rejected or denied pursuant to
484(r)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1091(r)(1)) by
reason of a conviction for a drug-
related offense not occurring during a
period of enrollment for which the
individual was receiving any Federal
grant, loan, or work assistance;
(viii) requests funding for the
operations and management of the
Department of Homeland Security that
does not include a specific request for
funds for the Office of
Counternarcotics Enforcement to carry
out its responsibilities under section
878 of the Homeland Security Act of
2002 (6 U.S.C. 458).
[(C)] (D) Agency response.--
(i) * * *
* * * * * * *
(iii) Congressional notification.--
The head of a National Drug Control
Program agency shall submit a copy of
any impact statement under clause (ii)
to the Senate and the House of
Representatives and the appropriate
congressional committees at the time
the budget for that agency is submitted
to Congress under section 1105(a) of
title 31, United States Code.
[(D)] (E) Certification of budget
submissions.--
(i) * * *
(ii) Certification.--The Director--
(I) * * *
(II) based on the review
under subclause (I), if the
Director concludes that the
budget submission of a National
Drug Control Program agency
does not include the funding
levels and initiatives
described under subparagraph
(B)--
(aa) * * *
(bb) in the case of a
decertification issued
under item (aa), shall
submit to the Senate
and the House of
Representatives and the
appropriate
congressional
committees a copy of--
(aaa) * * *
* * * * * * *
(4) Reprogramming and transfer requests.--
(A) In general.--No National Drug Control
Program agency shall submit to Congress a
reprogramming or transfer request with respect
to any amount of appropriated funds in an
amount exceeding [$5,000,000] $1,000,000 that
is included in the National Drug Control
Program budget unless the request has been
approved by the Director.
* * * * * * *
(d) Powers of the Director.--In carrying out subsection (b),
the Director may--
(1) * * *
* * * * * * *
(8) transfer funds made available to a National Drug
Control Program agency for National Drug Control
Strategy programs and activities to another account
within such agency or to another National Drug Control
Program agency for National Drug Control Strategy
programs and activities, except that--
(A) * * *
* * * * * * *
(D) funds transferred to an agency under this
paragraph may only be used to increase the
funding for programs or activities [have been
authorized by Congress;] authorized by law; and
* * * * * * *
(9) notwithstanding any other provision of law, issue
to the head of a National Drug Control Program agency a
fund control notice described in subsection (f) to
ensure compliance with the National Drug Control
Program [Strategy; and] Strategy and notify the
appropriate congressional committees of any fund
control notice issued;
(10) participate in the drug certification process
pursuant to section 490 of the Foreign Assistance Act
of 1961 [(22 U.S.C. 2291j).] (22 U.S.C. 2291j) and
section 706 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (22 U.S.C. 2291j-1); and
(11) not later than August 1 of each year, submit to
the President a report, and transmit copies of the
report to the Secretary of State and the appropriate
congressional committees, that--
(A) provides the Director's assessment of
which countries are major drug transit
countries or major illicit drug producing
countries as defined in section 481(e) of the
Foreign Assistance Act of 1961 (22 U.S.C.
2291(e));
(B) provides the Director's assessment of
whether each country identified under
subparagraph (A) has cooperated fully with the
United States or has taken adequate steps on
its own to achieve full compliance with the
goals and objectives established by the United
Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances and
otherwise has assisted in reducing the supply
of illicit drugs to the United States; and
(C) provides the Director's assessment of
whether application of procedures set forth in
section 490 of the Foreign Assistance Act of
1961 (22 U.S.C. 2291j), as provided in section
706 of the Foreign Relations Authorization Act,
Fiscal Year 2003 (22 U.S.C. 2291j-1), is
warranted with respect to countries the
Director assesses have not cooperated fully.
* * * * * * *
(f) Fund Control Notices.--
(1) * * *
* * * * * * *
(4) Congressional notice.--A copy of each fund
control notice shall be transmitted to the appropriate
congressional committees.
(5) Restrictions.--The Director shall not issue a
fund control notice to direct that all or part of an
amount appropriated to the National Drug Control
Program agency account be obligated, modified, or
altered in any manner contrary, in whole or in part, to
a specific appropriation or statute.
(g) Inapplicability to Certain Programs.--The provisions of
this section shall not apply to the [National Foreign
Intelligence Program] National Intelligence Program, the Joint
Military Intelligence Program, and Tactical Intelligence and
Related Activities unless the agency that carries out such
program is designated as a National Drug Control Program agency
by the President or jointly by the Director and the head of the
agency.
(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the
[Director of Central Intelligence] Director of National
Intelligence or the Director of the Central Intelligence Agency
contained in sections 104 and 504 of the National Security Act
of 1947 or any other law.
SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN
DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND
LOCAL AFFAIRS.
(a) Access to Information.--
(1) In general.--Upon the request of the Director,
the head of any National Drug Control Program agency
shall cooperate with and provide to the Director any
statistics, studies, reports, and other information
prepared or collected by the agency concerning the
responsibilities of the agency under the National Drug
Control Strategy that relate to--
(A) drug [abuse] control; or
(B) the manner in which amounts made
available to that agency for drug control are
being used by that agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on
the Office and the Director by this title shall
be exercised in a manner consistent with
provisions of the National Security Act of 1947
(50 U.S.C. 401 et seq.). The [Director of
Central Intelligence] Director of National
Intelligence shall prescribe such regulations
as may be necessary to protect information
provided pursuant to this title regarding
intelligence sources and methods.
(B) Duties of director.--The [Director of
Central Intelligence] Director of National
Intelligence and the Director of the Central
Intelligence Agency shall, to the maximum
extent practicable in accordance with
subparagraph (A), render full assistance and
support to the Office and the Director.
[(3) Illegal drug cultivation.--The Secretary of
Agriculture shall annually submit to the Director an
assessment of the acreage of illegal drug cultivation
in the United States.]
(3) Required reports.--
(A) Secretaries of the interior and
agriculture.--The Secretaries of Agriculture
and Interior shall, by July 1 of each year,
jointly submit to the Director, the appropriate
congressional committees, the Committee on
Agriculture and the Committee on Resources of
the House of Representatives, and the Committee
on Agriculture and the Committee on Energy and
Natural Resources of the Senate, an assessment
of the quantity of illegal drug cultivation and
manufacturing in the United States on lands
owned or under the jurisdiction of the Federal
Government for the preceding year.
(B) Attorney general.--The Attorney General
shall, by July 1 of each year, submit to the
Director and the appropriate congressional
committees information for the preceding year
regarding the number and type of--
(i) arrests for drug violations;
(ii) prosecutions for drug violations
by United States Attorneys; and
(iii) seizures of drugs by each
component of the Department of Justice
seizing drugs, as well as statistical
information on the geographic areas of
such seizures.
(C) Secretary of homeland security.--The
Secretary of Homeland Security shall, by July 1
of each year, submit to the Director, the
appropriate congressional committees, and the
Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland
Security and Governmental Affairs of the
Senate, information for the preceding year
regarding--
(i) the number and type of seizures
of drugs by each component of the
Department of Homeland Security seizing
drugs, as well as statistical
information on the geographic areas of
such seizures; and
(ii) the number of air and maritime
patrol hours undertaken by each
component of that Department primarily
dedicated to drug supply reduction
missions.
(D) Secretary of defense.--The Secretary of
Defense shall, by July 1 of each year, submit
to the Director, the appropriate congressional
committees, the Committee on Armed Services of
the House of Representatives, and the Committee
on Armed Services of the Senate, information
for the preceding year regarding the number of
air and maritime patrol hours primarily
dedicated to drug supply reduction missions
undertaken by each component of the Department
of Defense.
(b) Certification of Policy Changes to Director.--
(1) * * *
(2) Exception.--If prior notice of a proposed change
under paragraph (1) is not practicable--
(A) * * *
(B) upon such notification, the Director
shall review the change and certify to the head
of that agency in writing whether the change is
consistent with the National Drug Control
[Program.] Strategy.
(c) General Services Administration.--The Administrator of
General Services shall provide to the Director, [in] on a
reimbursable basis, such administrative support services as the
Director may request.
* * * * * * *
[SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
[(a) Timing, Contents, and Process for Development and
Submission of National Drug Control Strategy.--
[(1) Timing.--Not later than February 1, 1999, the
President shall submit to Congress a National Drug
Control Strategy, which shall set forth a comprehensive
plan, covering a period of not more than 5 years, for
reducing drug abuse and the consequences of drug abuse
in the United States, by limiting the availability of
and reducing the demand for illegal drugs.
[(2) Contents.--
[(A) In general.--The National Drug Control
Strategy submitted under paragraph (1) shall
include--
[(i) comprehensive, research-based,
long-range, quantifiable, goals for
reducing drug abuse and the
consequences of drug abuse in the
United States;
[(ii) annual, quantifiable, and
measurable objectives and specific
targets to accomplish long-term
quantifiable goals that the Director
determines may be achieved during each
year of the period beginning on the
date on which the National Drug Control
Strategy is submitted;
[(iii) 5-year projections for program
and budget priorities; and
[(iv) a review of international,
State, local, and private sector drug
control activities to ensure that the
United States pursues well-coordinated
and effective drug control at all
levels of government.
[(B) Classified information.--Any contents of
the National Drug Control Strategy that
involves information properly classified under
criteria established by an Executive order
shall be presented to Congress separately from
the rest of the National Drug Control Strategy.
[(3) Process for development and submission.--
[(A) Consultation.--In developing and
effectively implementing the National Drug
Control Strategy, the Director--
[(i) shall consult with--
[(I) the heads of the
National Drug Control Program
agencies;
[(II) Congress;
[(III) State and local
officials;
[(IV) private citizens and
organizations with experience
and expertise in demand
reduction;
[(V) private citizens and
organizations with experience
and expertise in supply
reduction; and
[(VI) appropriate
representatives of foreign
governments;
[(ii) with the concurrence of the
Attorney General, may require the El
Paso Intelligence Center to undertake
specific tasks or projects to implement
the National Drug Control Strategy; and
[(iii) with the concurrence of the
Director of Central Intelligence and
the Attorney General, may request that
the National Drug Intelligence Center
undertake specific tasks or projects to
implement the National Drug Control
Strategy.
[(B) Inclusion in strategy.--The National
Drug Control Strategy under this subsection,
and each report submitted under subsection (b),
shall include a list of each entity consulted
under subparagraph (A)(i).
[(4) Specific targets.--The targets in the National
Drug Control Strategy shall include the following:
[(A) Reduction of unlawful drug use to 3
percent of the population of the United States
or less by December 31, 2003 (as measured in
terms of overall illicit drug use during the
past 30 days by the National Household Survey),
and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001,
2002, and 2003.
[(B) Reduction of adolescent unlawful drug
use (as measured in terms of illicit drug use
during the past 30 days by the Monitoring the
Future Survey of the University of Michigan or
the National PRIDE Survey conducted by the
National Parents' Resource Institute for Drug
Education) to 3 percent of the adolescent
population of the United States or less by
December 31, 2003, and achievement of at least
20 percent of such reduction during each of
1999, 2000, 2001, 2002, and 2003st.
[(C) Reduction of the availability of
cocaine, heroin, marijuana, and methamphetamine
in the United States by 80 percent by December
31, 2003.
[(D) Reduction of the respective nationwide
average street purity levels for cocaine,
heroin, marijuana, and methamphetamine (as
estimated by the interagency drug flows
assessment led by the Office of National Drug
Control Policy, and based on statistics
collected by the Drug Enforcement
Administration and other National Drug Control
Program agencies identified as relevant by the
Director) by 60 percent by December 31, 2003,
and achievement of at least 20 percent of each
such reduction during each of 1999, 2000, 2001,
2002, and 2003.
[(E) Reduction of drug-related crime in the
United States by 50 percent by December 31,
2003, and achievement of at least 20 percent of
such reduction during each of 1999, 2000, 2001,
2002, and 2003, including--
[(i) reduction of State and Federal
unlawful drug trafficking and
distribution;
[(ii) reduction of State and Federal
crimes committed by persons under the
influence of unlawful drugs;
[(iii) reduction of State and Federal
crimes committed for the purpose of
obtaining unlawful drugs or obtaining
property that is intended to be used
for the purchase of unlawful drugs; and
[(iv) reduction of drug-related
emergency room incidents in the United
States (as measured by data of the Drug
Abuse Warning Network on illicit drug
abuse), including incidents involving
gunshot wounds and automobile accidents
in which illicit drugs are identified
in the bloodstream of the victim, by 50
percent by December 31, 2003.
[(5) Further reductions in drug use, availability,
and crime.--Following the submission of a National Drug
Control Strategy under this section to achieve the
specific targets described in paragraph (4), the
Director may formulate a strategy for additional
reductions in drug use and availability and drug-
related crime beyond the 5-year period covered by the
National Drug Control Strategy that has been submitted.
[(b) Annual Strategy Report.--
[(1) In general.--Not later than February 1, 1999,
and on February 1 of each year thereafter, the
President shall submit to Congress a report on the
progress in implementing the Strategy under subsection
(a), which shall include--
[(A) an assessment of the Federal
effectiveness in achieving the National Drug
Control Strategy goals and objectives using the
performance measurement system described in
subsection (c), including--
[(i) an assessment of drug use and
availability in the United States; and
[(ii) an estimate of the
effectiveness of interdiction,
treatment, prevention, law enforcement,
and international programs under the
National Drug Control Strategy in
effect during the preceding year, or in
effect as of the date on which the
report is submitted;
[(B) any modifications of the National Drug
Control Strategy or the performance measurement
system described in subsection (c);
[(C) an assessment of the manner in which the
budget proposal submitted under section 704(c)
is intended to implement the National Drug
Control Strategy and whether the funding levels
contained in such proposal are sufficient to
implement such Strategy;
[(D) measurable data evaluating the success
or failure in achieving the annual measurable
objectives described in subsection
(a)(2)(A)(ii);
[(E) an assessment of current drug use
(including inhalants) and availability, impact
of drug use, and treatment availability, which
assessment shall include--
[(i) estimates of drug prevalence and
frequency of use as measured by
national, State, and local surveys of
illicit drug use and by other special
studies of--
[(I) casual and chronic drug
use;
[(II) high-risk populations,
including school dropouts, the
homeless and transient,
arrestees, parolees,
probationers, and juvenile
delinquents; and
[(III) drug use in the
workplace and the productivity
lost by such use;
[(ii) an assessment of the reduction
of drug availability against an
ascertained baseline, as measured by--
[(I) the quantities of
cocaine, heroin, marijuana,
methamphetamine, and other
drugs available for consumption
in the United States;
[(II) the amount of
marijuana, cocaine, heroin, and
precursor chemicals entering
the United States;
[(III) the number of hectares
of marijuana, poppy, and coca
cultivated and destroyed
domestically and in other
countries;
[(IV) the number of metric
tons of marijuana, heroin,
cocaine, and methamphetamine
seized;
[(V) the number of cocaine
and methamphetamine processing
laboratories destroyed
domestically and in other
countries;
[(VI) changes in the price
and purity of heroin and
cocaine, changes in the price
of methamphetamine, and changes
in tetrahydrocannabinol level
of marijuana;
[(VII) the amount and type of
controlled substances diverted
from legitimate retail and
wholesale sources; and
[(VIII) the effectiveness of
Federal technology programs at
improving drug detection
capabilities in interdiction,
and at United States ports of
entry;
[(iii) an assessment of the reduction
of the consequences of drug use and
availability, which shall include
estimation of--
[(I) the burden drug users
placed on hospital emergency
departments in the United
States, such as the quantity of
drug-related services provided;
[(II) the annual national
health care costs of drug use,
including costs associated with
people becoming infected with
the human immunodeficiency
virus and other infectious
diseases as a result of drug
use;
[(III) the extent of drug-
related crime and criminal
activity; and
[(IV) the contribution of
drugs to the underground
economy, as measured by the
retail value of drugs sold in
the United States;
[(iv) a determination of the status
of drug treatment in the United States,
by assessing--
[(I) public and private
treatment capacity within each
State, including information on
the treatment capacity
available in relation to the
capacity actually used;
[(II) the extent, within each
State, to which treatment is
available;
[(III) the number of drug
users the Director estimates
could benefit from treatment;
and
[(IV) the specific factors
that restrict the availability
of treatment services to those
seeking it and proposed
administrative or legislative
remedies to make treatment
available to those individuals;
and
[(v) a review of the research agenda
of the Counter-Drug Technology
Assessment Center to reduce the
availability and abuse of drugs; and
[(F) an assessment of private sector
initiatives and cooperative efforts between the
Federal Government and State and local
governments for drug control.
[(2) Submission of revised strategy.--The President
may submit to Congress a revised National Drug Control
Strategy that meets the requirements of this section--
[(A) at any time, upon a determination by the
President, in consultation with the Director,
that the National Drug Control Strategy in
effect is not sufficiently effective; and
[(B) if a new President or Director takes
office.
[(3) 1999 strategy report.--With respect to the
Strategy report required to be submitted by this
subsection on February 1, 1999, the President shall
prepare the report using such information as is
available for the period covered by the report.
[(c) Performance Measurement System.--
[(1) Sense of congress.--It is the sense of Congress
that--
[(A) the targets described in subsection (a)
are important to the reduction of overall drug
use in the United States;
[(B) the President should seek to achieve
those targets during the 5 years covered by the
National Drug Control Strategy required to be
submitted under subsection (a);
[(C) the purpose of such targets and the
annual reports to Congress on the progress
towards achieving the targets is to allow for
the annual restructuring of appropriations by
the Appropriations Committees and authorizing
committees of jurisdiction of Congress to meet
the goals described in this Act;
[(D) the performance measurement system
developed by the Director described in this
subsection is central to the National Drug
Control Program targets, programs, and budget;
and
[(E) the Congress strongly endorses the
performance measurement system for establishing
clear outcomes for reducing drug use nationwide
during the next five years, and the linkage of
this system to all agency drug control programs
and budgets receiving funds scored as drug
control agency funding.
[(2) Submission to congress.--Not later than February
1, 1999, the Director shall submit to Congress a
description of the national drug control performance
measurement system, designed in consultation with
affected National Drug Control Program agencies, that--
[(A) develops performance objectives,
measures, and targets for each National Drug
Control Strategy goal and objective;
[(B) revises performance objectives,
measures, and targets, to conform with National
Drug Control Program Agency budgets;
[(C) identifies major programs and activities
of the National Drug Control Program agencies
that support the goals and objectives of the
National Drug Control Strategy;
[(D) evaluates in detail the implementation
by each National Drug Control Program agency of
program activities supporting the National Drug
Control Strategy;
[(E) monitors consistency between the drug-
related goals and objectives of the National
Drug Control Program agencies and ensures that
drug control agency goals and budgets support
and are fully consistent with the National Drug
Control Strategy; and
[(F) coordinates the development and
implementation of national drug control data
collection and reporting systems to support
policy formulation and performance measurement,
including an assessment of--
[(i) the quality of current drug use
measurement instruments and techniques
to measure supply reduction and demand
reduction activities;
[(ii) the adequacy of the coverage of
existing national drug use measurement
instruments and techniques to measure
the casual drug user population and
groups that are at risk for drug use;
and
[(iii) the actions the Director shall
take to correct any deficiencies and
limitations identified pursuant to
subparagraphs (A) and (B) of subsection
(b)(4).
[(3) Modifications.--A description of any
modifications made during the preceding year to the
national drug control performance measurement system
described in paragraph (2) shall be included in each
report submitted under subsection (b).
[SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
[(a) Establishment.--There is established in the Office a
program to be known as the High Intensity Drug Trafficking
Areas Program.
[(b) Designation.--The Director, upon consultation with the
Attorney General, the Secretary of the Treasury, heads of the
National Drug Control Program agencies, and the Governor of
each applicable State, may designate any specified area of the
United States as a high intensity drug trafficking area. After
making such a designation and in order to provide Federal
assistance to the area so designated, the Director may--
[(1) obligate such sums as appropriated for the High
Intensity Drug Trafficking Areas Program;
[(2) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the
head of the department or agency that employs such
personnel;
[(3) take any other action authorized under section
704 to provide increased Federal assistance to those
areas;
[(4) coordinate activities under this subsection
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
[(c) Factors for Consideration.--In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to
such other criteria as the Director considers to be
appropriate, the extent to which--
[(1) the area is a center of illegal drug production,
manufacturing, importation, or distribution;
[(2) State and local 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
harmful impact 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.
[(d) Use of Funds.--The Director shall ensure that no Federal
funds appropriated for the High Intensity Drug Trafficking
Program are expended for the establishment or expansion of drug
treatment programs.]
SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
(a) Timing, Contents, and Process for Development and
Submission of National Drug Control Strategy.--
(1) In general.--Not later than February 1 of each
year, the President shall submit to Congress a National
Drug Control Strategy, which shall set forth a
comprehensive plan for reducing illicit drug use and
the consequences of illicit drug use in the United
States by reducing the demand for illegal drugs,
limiting the availability of illegal drugs, and
conducting law enforcement activities with respect to
illegal drugs.
(2) Contents.--
(A) In general.--The National Drug Control
Strategy submitted under paragraph (1) shall
include the following:
(i) Comprehensive, research-based,
long-range, and quantifiable goals for
reducing illicit drug use and the
consequences of illicit drug use in the
United States.
(ii) Annual quantifiable objectives
for demand reduction, supply reduction,
and law enforcement activities,
specific targets to accomplish long-
range quantifiable reduction in illicit
drug use as determined by the Director,
and specific measurements to evaluate
progress toward the targets and
strategic goals.
(iii) A strategy to reduce the
availability and purity of illegal
drugs and the level of drug-related
crime in the United States.
(iv) An assessment of Federal
effectiveness in achieving the National
Drug Control Strategy for the previous
year, including a specific evaluation
of whether the objectives and targets
for reducing illicit drug use for the
previous year were met and reasons for
the success or failure of the previous
year's Strategy.
(v) A general review of the status
of, and trends in, international,
State, and local drug control
activities to ensure that the United
States pursues well-coordinated and
effective drug control at all levels of
government.
(vi) A general review of the status
of, and trends in, demand reduction
activities by private sector entities
and community-based organizations,
including faith-based organizations, to
determine their effectiveness and the
extent of cooperation, coordination,
and mutual support between such
entities and organizations and Federal,
State, and local government agencies.
(vii) An assessment of current
illicit drug use (including inhalants
and steroids) and availability, impact
of illicit drug use, and treatment
availability, which assessment shall
include--
(I) estimates of drug
prevalence and frequency of use
as measured by national, State,
and local surveys of illicit
drug use and by other special
studies of nondependent and
dependent illicit drug use;
(II) illicit drug use in the
workplace and the productivity
lost by such use; and
(III) illicit drug use by
arrestees, probationers, and
parolees.
(viii) An assessment of the reduction
of illicit drug availability, as
measured by--
(I) the quantities of
cocaine, heroin, marijuana,
methamphetamine, ecstasy, and
other drugs available for
consumption in the United
States;
(II) the amount of marijuana,
cocaine, heroin,
methamphetamine, ecstasy, and
precursor chemicals and other
drugs entering the United
States;
(III) the number of illicit
drug manufacturing laboratories
seized and destroyed and the
number of hectares of
marijuana, poppy, and coca
cultivated and destroyed
domestically and in other
countries;
(IV) the number of metric
tons of marijuana, heroin,
cocaine, and methamphetamine
seized and other drugs; and
(V) changes in the price and
purity of heroin,
methamphetamine, and cocaine,
changes in the price of
ecstasy, and changes in
tetrahydrocannabinol level of
marijuana and other drugs.
(ix) An assessment of the reduction
of the consequences of illicit drug use
and availability, which shall include--
(I) the burden illicit drug
users place on hospital
emergency departments in the
United States, such as the
quantity of illicit drug-
related services provided;
(II) the annual national
health care cost of illicit
drug use; and
(III) the extent of illicit
drug-related crime and criminal
activity.
(x) A general review of the status
of, and trends in, of drug treatment in
the United States, by assessing--
(I) public and private
treatment utilization; and
(II) the number of illicit
drug users the Director
estimates meet diagnostic
criteria for treatment.
(xi) A review of the research agenda
of the Counterdrug Technology
Assessment Center to reduce the
availability and abuse of drugs.
(xii) A summary of the efforts made
by Federal agencies to coordinate with
private sector entities to conduct
private research and development of
medications to treat addiction by--
(I) screening chemicals for
potential therapeutic value;
(II) developing promising
compounds;
(III) conducting clinical
trials;
(IV) seeking, where
appropriate, Food and Drug
Administration approval for
drugs to treat addiction;
(V) marketing, where
appropriate, the drug for the
treatment of addiction;
(VI) urging physicians, where
appropriate, to use the drug in
the treatment of addiction; and
(VII) encouraging, where
appropriate, insurance
companies to reimburse the cost
of the drug for the treatment
of addiction.
(xiii) Such additional statistical
data and information as the Director
considers appropriate to demonstrate
and assess trends relating to illicit
drug use, the effects and consequences
of illicit drug use, supply reduction,
demand reduction, drug-related law
enforcement, and the implementation of
the National Drug Control Strategy.
(xiv) A supplement reviewing the
activities of each individual National
Drug Control Program agency during the
previous year with respect to the
National Drug Control Strategy and the
Director's assessment of the progress
of each National Drug Control Program
agency in meeting its responsibilities
under the National Drug Control
Strategy.
(B) Classified information.--Any contents of
the National Drug Control Strategy that involve
information properly classified under criteria
established by an Executive order shall be
presented to Congress separately from the rest
of the National Drug Control Strategy.
(C) Selection of data and information.--In
selecting data and information for inclusion
under subparagraph (A), the Director shall
ensure--
(i) the inclusion of data and
information that will permit analysis
of current trends against previously
compiled data and information where the
Director believes such analysis
enhances long-term assessment of the
National Drug Control Strategy; and
(ii) the inclusion of data and
information to permit a standardized
and uniform assessment of the
effectiveness of drug treatment
programs in the United States.
(3) Process for development and submission.--
(A) Consultation.--In developing and
effectively implementing the National Drug
Control Strategy, the Director--
(i) shall consult with--
(I) the heads of the National
Drug Control Program agencies;
(II) Congress;
(III) State and local
officials;
(IV) private citizens and
organizations, including
community- and faith-based
organizations, with experience
and expertise in demand
reduction;
(V) private citizens and
organizations with experience
and expertise in supply
reduction;
(VI) private citizens and
organizations with experience
and expertise in law
enforcement; and
(VII) appropriate
representatives of foreign
governments;
(ii) with the concurrence of the
Attorney General, may require the El
Paso Intelligence Center to undertake
specific tasks or projects to implement
the National Drug Control Strategy;
(iii) with the concurrence of the
Director of National Intelligence and
the Attorney General, may request that
the National Drug Intelligence Center
undertake specific tasks or projects to
implement the National Drug Control
Strategy; and
(iv) may make recommendations to the
Secretary of Health and Human Services
on research that supports or advances
the National Drug Control Strategy.
(B) Commitment to support strategy.--In
satisfying the requirements of subparagraph
(A)(i), the Director shall ensure, to the
maximum extent possible, that State and local
officials and relevant private organizations
commit to support and take steps to achieve the
goals and objectives of the National Drug
Control Strategy.
(C) Recommendations.--Recommendations under
subparagraph (A)(iv) may include
recommendations of research to be performed at
the National Institutes of Health, including
the National Institute on Drug Abuse, or any
other appropriate agency within the Department
of Health and Human Services.
(D) Inclusion in strategy.--The National Drug
Control Strategy under this subsection shall
include a list of each entity consulted under
subparagraph (A)(i).
(4) Submission of revised strategy.--The President
may submit to Congress a revised National Drug Control
Strategy that meets the requirements of this section--
(A) at any time, upon a determination by the
President, in consultation with the Director,
that the National Drug Control Strategy in
effect is not sufficiently effective; or
(B) if a new President or Director takes
office.
(b) Performance Measurement System.--Not later than February
1 of each year, the Director shall submit to Congress, as part
of the National Drug Control Strategy, a description of a
national drug control performance measurement system that--
(1) develops 2-year and 5-year performance measures
and targets for each National Drug Control Strategy
goal and objective established for reducing drug use,
drug availability, and the consequences of drug use;
(2) describes the sources of information and data
that will be used for each performance measure
incorporated into the performance measurement system;
(3) identifies major programs and activities of the
National Drug Control Program agencies that support the
goals and annual objectives of the National Drug
Control Strategy;
(4) evaluates the contribution of demand reduction
and supply reduction activities implemented by each
National Drug Control Program agency in support of the
National Drug Control Strategy;
(5) monitors consistency of drug-related goals and
objectives among the National Drug Control Program
agencies and ensures that each agency's goals,
objectives, and budgets support and are fully
consistent with the National Drug Control Strategy; and
(6) coordinates the development and implementation of
national drug control data collection and reporting
systems to support policy formulation and performance
measurement, including an assessment of--
(A) the quality of current drug use
measurement instruments and techniques to
measure supply reduction and demand reduction
activities;
(B) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the illicit drug user
population, and groups that are at risk for
illicit drug use; and
(C) the adequacy of the coverage of existing
national treatment outcome monitoring systems
to measure the effectiveness of drug abuse
treatment in reducing illicit drug use and
criminal behavior during and after the
completion of substance abuse treatment; and
(7) identifies the actions the Director shall take to
correct any inadequacies, deficiencies, or limitations
identified in the assessment described in paragraph
(6).
(c) Modifications.--A description of any modifications made
during the preceding year to the national drug performance
measurement system described in subsection (b) shall be
included in each report submitted under subsection (a).
SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
(a) Establishment.--
(1) In general.--There is established in the Office a
program to be known as the High Intensity Drug
Trafficking Areas Program (in this section referred to
as the ``Program'').
(2) Purpose.--The purpose of the Program is to reduce
drug trafficking and drug production in the United
States by--
(A) facilitating cooperation among Federal,
State, and local law enforcement agencies to
share information and implement coordinated
enforcement activities;
(B) enhancing intelligence sharing among
Federal, State, and local law enforcement
agencies;
(C) providing reliable intelligence to law
enforcement agencies needed to design effective
enforcement strategies and operations; and
(D) supporting coordinated law enforcement
strategies which maximize use of available
resources to reduce the supply of illegal drugs
in designated areas and in the United States as
a whole.
(b) Designation.--The Director, upon consultation with the
Attorney General, the Secretary of the Treasury, the Secretary
of Homeland Security, heads of the National Drug Control
Program agencies, and the Governor of each applicable State,
may designate any specified area of the United States as a high
intensity drug trafficking area. After making such a
designation and in order to provide Federal assistance to the
area so designated, the Director may--
(1) obligate such sums as are appropriated for the
Program;
(2) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the
head of the department or agency that employs such
personnel;
(3) take any other action authorized under section
704 to provide increased Federal assistance to those
areas; and
(4) coordinate activities under this section
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
(c) Petitions for Designation.--The Director shall establish
regulations under which a coalition of interested law
enforcement agencies from an area may petition for designation
as a high intensity drug trafficking area. Such regulations
shall provide for a regular review by the Director of the
petition, including a recommendation regarding the merit of the
petition to the Director by a panel of qualified, independent
experts.
(d) Factors for Consideration.--In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to
such other criteria as the Director considers to be
appropriate, the extent to which--
(1) the area is a significant center of illegal drug
production, manufacturing, importation, or
distribution;
(2) State and local 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.
(e) Organization of High Intensity Drug Trafficking Areas.--
(1) Executive board and officers.--To be eligible for
funds appropriated under this section, each high
intensity drug trafficking area shall be governed by an
Executive Board. The Executive Board shall designate a
chairman, vice chairman, and any other officers to the
Executive Board that it determines are necessary.
(2) Responsibilities.--The Executive Board of a high
intensity drug trafficking area shall be responsible
for--
(A) providing direction and oversight in
establishing and achieving the goals of the
high intensity drug trafficking area;
(B) managing the funds of the high intensity
drug trafficking area;
(C) reviewing and approving all funding
proposals consistent with the overall objective
of the high intensity drug trafficking area;
and
(D) reviewing and approving all reports to
the Director on the activities of the high
intensity drug trafficking area.
(3) Board representation.--None of the funds
appropriated under this section may be expended for any
high intensity drug trafficking area, or for a
partnership or region of a high intensity drug
trafficking area, if that area's, region's or
partnership's Executive Board does not apportion an
equal number of votes between representatives of
participating Federal agencies and representatives of
participating State and local agencies. Where it is
impractical for a equal number of representatives of
Federal agencies and State and local agencies to attend
a meeting of an Executive Board in person, the
Executive Board may use a system of proxy votes or
weighted votes to achieve the voting balance required
by this paragraph.
(4) No agency relationship.--The eligibility
requirements of this section are intended to ensure the
responsible use of Federal funds. Nothing in this
section is intended to create an agency relationship
between individual high intensity drug trafficking
areas and the Federal Government.
(f) Use of Funds.--The Director shall ensure that no Federal
funds appropriated for the Program are expended for the
establishment or expansion of drug treatment or drug use
prevention programs.
(g) Counterterrorism Activities.--
(1) Assistance authorized.--The Director may
authorize use of resources available for the Program to
assist Federal, State, and local law enforcement
agencies in investigations and activities related to
terrorism and prevention of terrorism, especially but
not exclusively with respect to such investigations and
activities that are also related to drug trafficking.
(2) Limitation.--The Director shall ensure--
(A) that assistance provided under paragraph
(1) remains incidental to the purpose of the
Program to reduce drug availability and carry
out drug-related law enforcement activities;
and
(B) that significant resources of the Program
are not redirected to activities exclusively
related to terrorism, except on a temporary
basis under extraordinary circumstances, as
determined by the Director.
(h) Role of Drug Enforcement Administration.--The Director,
in consultation with the Attorney General, shall ensure that a
representative of the Drug Enforcement Administration is
included in the Intelligence Support Center for each high
intensity drug trafficking area.
(i) Annual HIDTA Program Budget Submissions.--As part of the
documentation that supports the President's annual budget
request for the Office, the Director shall submit to Congress a
budget justification that includes the following:
(1) The amount requested for each high intensity drug
trafficking area with supporting narrative descriptions
and rationale for each request.
(2) A detailed justification for each funding request
that explains the reasons for the requested funding
level, how such funding level was determined based on a
current assessment of the drug trafficking threat in
each high intensity drug trafficking area, how such
funding will ensure that the goals and objectives of
each such area will be achieved, and how such funding
supports the National Drug Control Strategy.
(j) Emerging Threat Response Fund.--
(1) In general.--The Director may expend up to 10
percent of the amounts appropriated under this section
on a discretionary basis, to respond to any emerging
drug trafficking threat in an existing high intensity
drug trafficking area, or to establish a new high
intensity drug trafficking area or expand an existing
high intensity drug trafficking area, in accordance
with the criteria established under paragraph (2).
(2) Consideration of impact.--In allocating funds
under this subsection, the Director shall consider--
(A) the impact of activities funded on
reducing overall drug traffic in the United
States, or minimizing the probability that an
emerging drug trafficking threat will spread to
other areas of the United States; and
(B) such other criteria as the Director
considers appropriate.
(k) Evaluation.--
(1) Initial report.--Not later than 90 days after the
date of the enactment of this subsection, the Director
shall, after consulting with the Executive Boards of
each designated high intensity drug trafficking area,
submit a report to Congress that describes, for each
designated high intensity drug trafficking area--
(A) the specific purposes for the high
intensity drug trafficking area;
(B) the specific long-term and short-term
goals and objectives for the high intensity
drug trafficking area;
(C) the measurements that will be used to
evaluate the performance of the high intensity
drug trafficking area in achieving the long-
term and short-term goals; and
(D) the reporting requirements needed to
evaluate the performance of the high intensity
drug trafficking area in achieving the long-
term and short-term goals.
(2) Evaluation of hidta program as part of national
drug control strategy.--For each designated high
intensity drug trafficking area, the Director shall
submit, as part of the annual National Drug Control
Strategy report, a report that--
(A) describes--
(i) the specific purposes for the
high intensity drug trafficking area;
and
(ii) the specific long-term and
short-term goals and objectives for the
high intensity drug trafficking area;
and
(B) includes an evaluation of the performance
of the high intensity drug trafficking area in
accomplishing the specific long-term and short-
term goals and objectives identified under
paragraph (1)(B).
(l) Assessment of Drug Enforcement Task Forces in High
Intensity Drug Trafficking Areas.--Not later than 180 days
after the date of enactment of this subsection, and as part of
each subsequent annual National Drug Control Strategy report,
the Director shall submit to Congress a report--
(1) assessing the number and operation of all
federally funded drug enforcement task forces within
each high intensity drug trafficking area; and
(2) describing--
(A) each Federal, State, and local drug
enforcement task force operating in the high
intensity drug trafficking area;
(B) how such task forces coordinate with each
other, with any high intensity drug trafficking
area task force, and with investigations
receiving funds from the Organized Crime and
Drug Enforcement Task Force;
(C) what steps, if any, each such task force
takes to share information regarding drug
trafficking and drug production with other
federally funded drug enforcement task forces
in the high intensity drug trafficking area;
(D) the role of the high intensity drug
trafficking area in coordinating the sharing of
such information among task forces;
(E) the nature and extent of cooperation by
each Federal, State, and local participant in
ensuring that such information is shared among
law enforcement agencies and with the high
intensity drug trafficking area;
(F) the nature and extent to which
information sharing and enforcement activities
are coordinated with joint terrorism task
forces in the high intensity drug trafficking
area; and
(G) any recommendations for measures needed
to ensure that task force resources are
utilized efficiently and effectively to reduce
the availability of illegal drugs in the high
intensity drug trafficking areas.
(m) Assessment of Intelligence Sharing in High Intensity Drug
Trafficking Areas--program.--Not later than 180 days after the
date of the enactment of this subsection, and as part of each
subsequent annual National Drug Control Strategy report, the
Director shall submit to Congress a report--
(1) evaluating existing and planned intelligence
systems supported by each high intensity drug
trafficking area, or utilized by task forces receiving
any funding under the Program, including the extent to
which such systems ensure access and availability of
intelligence to Federal, State, and local law
enforcement agencies within the high intensity drug
trafficking area and outside of it;
(2) the extent to which Federal, State, and local law
enforcement agencies participating in each high
intensity drug trafficking area are sharing
intelligence information to assess current drug
trafficking threats and design appropriate enforcement
strategies; and
(3) the measures needed to improve effective sharing
of information and intelligence regarding drug
trafficking and drug production among Federal, State,
and local law enforcement participating in a high
intensity drug trafficking area, and between such
agencies and similar agencies outside the high
intensity drug trafficking area.
(n) Authorization of Appropriations.--There is authorized to
be appropriated to the Office of National Drug Control Policy
to carry out this section--
(1) $280,000,000 for fiscal year 2006;
(2) $290,000,000 for each of fiscal years 2007 and
2008; and
(3) $300,000,000 for each of fiscal years 2009 and
2010.
(o) Specific Purposes.--
(1) In general.--The Director shall ensure that, of
the amounts appropriated for a fiscal year for the
Program, at least $5,000,000 is used in high intensity
drug trafficking areas with severe neighborhood safety
and illegal drug distribution problems.
(2) Required uses.--The funds used under paragraph
(1) shall be used--
(A) to ensure the safety of neighborhoods and
the protection of communities, including the
prevention of the intimidation of potential
witnesses of illegal drug distribution and
related activities; and
(B) to combat illegal drug trafficking
through such methods as the Director considers
appropriate, such as establishing or operating
(or both) a toll-free telephone hotline for use
by the public to provide information about
illegal drug-related activities.
SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Establishment.--There is established within the Office
the Counter-Drug Technology Assessment Center (referred to in
this section as the ``Center''). The Center shall operate under
the authority of the Director of National Drug Control Policy
and shall serve as the central counter-drug technology research
and development organization of the United States Government.
(b) [Director of Technology.--] Chief Scientist.--There shall
be at the head of the Center the [Director of Technology,]
Chief Scientist, who shall be appointed by the Director of
National Drug Control Policy from among individuals qualified
and distinguished in the area of science, medicine,
engineering, or technology.
[(c) Additional Responsibilities of the Director of National
Drug Control Policy.--
[(1) In general.--The Director, acting through the
Director of Technology shall--
[(A) identify and define the short-, medium-,
and long-term scientific and technological
needs of Federal, State, and local drug supply
reduction agencies, including--
[(i) advanced surveillance, tracking,
and radar imaging;
[(ii) electronic support measures;
[(iii) communications;
[(iv) data fusion, advanced computer
systems, and artificial intelligence;
and
[(v) chemical, biological,
radiological (including neutron,
electron, and graviton), and other
means of detection;
[(B) identify demand reduction basic and
applied research needs and initiatives, in
consultation with affected National Drug
Control Program agencies, including--
[(i) improving treatment through
neuroscientific advances;
[(ii) improving the transfer of
biomedical research to the clinical
setting; and
[(iii) in consultation with the
National Institute on Drug Abuse, and
through interagency agreements or
grants, examining addiction and
rehabilitation research and the
application of technology to expanding
the effectiveness or availability of
drug treatment;
[(C) make a priority ranking of such needs
identified in subparagraphs (A) and (B)
according to fiscal and technological
feasibility, as part of a National Counter-Drug
Enforcement Research and Development Program;
[(D) oversee and coordinate counter-drug
technology initiatives with related activities
of other Federal civilian and military
departments;
[(E) provide support to the development and
implementation of the national drug control
performance measurement system; and
[(F) pursuant to the authority of the
Director of National Drug Control Policy under
section 704, submit requests to Congress for
the reprogramming or transfer of funds
appropriated for counter-drug technology
research and development.
[(2) Limitation on authority.--The authority granted
to the Director under this subsection shall not extend
to the award of contracts, management of individual
projects, or other operational activities.]
(c) Additional Responsibilities of the Director of National
Drug Control Policy.--
(1) In general.--The Director, acting through the
Chief Scientist shall--
(A) identify and define the short-, medium-,
and long-term scientific and technological
needs of Federal, State, and local law
enforcement agencies relating to drug
enforcement, including--
(i) advanced surveillance, tracking,
and radar imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer
systems, and artificial intelligence;
and
(v) chemical, biological,
radiological (including neutron,
electron, and graviton), and other
means of detection;
(B) identify demand reduction (including drug
prevention) basic and applied research needs
and initiatives, in consultation with affected
National Drug Control Program agencies,
including--
(i) improving treatment through
neuroscientific advances;
(ii) improving the transfer of
biomedical research to the clinical
setting; and
(iii) in consultation with the
National Institute on Drug Abuse and
the Substance Abuse and Mental Health
Services Administration, and through
interagency agreements or grants,
examining addiction and rehabilitation
research and the application of
technology to expanding the
effectiveness or availability of drug
treatment;
(C) make a priority ranking of such needs
identified in subparagraphs (A) and (B)
according to fiscal and technological
feasibility, as part of a National Counterdrug
Research and Development Program;
(D) oversee and coordinate counterdrug
technology initiatives with related activities
of other Federal civilian and military
departments;
(E) provide support to the development and
implementation of the national drug control
performance measurement system established
under subsection (b) of section 706;
(F) with the advice and counsel of experts
from State and local law enforcement agencies,
oversee and coordinate a technology transfer
program for the transfer of technology to State
and local law enforcement agencies; and
(G) pursuant to the authority of the Director
of National Drug Control Policy under section
704, submit requests to Congress for the
reprogramming or transfer of funds appropriated
for counterdrug technology research and
development.
(2) Priorities in transferring technology.--
(A) In general.--The Chief Scientist shall
give priority, in transferring technology under
paragraph (1)(F), based on the following
criteria:
(i) the need of potential recipients
for such technology;
(ii) the effectiveness of the
technology to enhance current
counterdrug activities of potential
recipients; and
(iii) the ability and willingness of
potential recipients to evaluate
transferred technology.
(B) Interdiction and border drug law
enforcement technologies.--The Chief Scientist
shall give priority, in transferring
technologies most likely to assist in drug
interdiction and border drug law enforcement,
to State, local, and tribal law enforcement
agencies in southwest border areas and northern
border areas with significant traffic in
illicit drugs.
(3) Limitation on authority.--The authority granted
to the Director under this subsection shall not extend
to the direct management of individual projects or
other operational activities.
(4) Report.--On or before July 1 of each year, the
Director shall submit a report to the appropriate
congressional committees that addresses the following:
(A) The number of requests received during
the previous 12 months, including the identity
of each requesting agency and the type of
technology requested.
(B) The number of requests fulfilled during
the previous 12 months, including the identity
of each recipient agency and the type of
technology transferred.
(C) A summary of the criteria used in making
the determination on what requests were funded
and what requests were not funded, except that
such summary shall not include specific
information on any individual requests.
(D) A general assessment of the future needs
of the program, based on expected changes in
threats, expected technologies, and likely need
from potential recipients.
(E) An assessment of the effectiveness of the
technologies transferred, based in part on the
evaluations provided by the recipients, with a
recommendation whether the technology should
continue to be offered through the program.
(d) Assistance and Support to Office of National Drug Control
Policy.--The Secretary of Defense, the Secretary of Homeland
Security, and the Secretary of Health and Human Services shall,
to the maximum extent practicable, render assistance and
support to the Office and to the Director in the conduct of
counter-drug technology assessment.
[SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.
[(a) Establishment.--There is established a council to be
known as the President's Council on Counter-Narcotics (referred
to in this section as the ``Council'').
[(b) Membership.--
[(1) In general.--Subject to paragraph (2), the
Council shall be composed of 18 members, of whom--
[(A) 1 shall be the President, who shall
serve as Chairman of the Council;
[(B) 1 shall be the Vice President;
[(C) 1 shall be the Secretary of State;
[(D) 1 shall be the Secretary of the
Treasury;
[(E) 1 shall be the Secretary of Defense;
[(F) 1 shall be the Attorney General;
[(G) 1 shall be the Secretary of
Transportation;
[(H) 1 shall be the Secretary of Health and
Human Services;
[(I) 1 shall be the Secretary of Education;
[(J) 1 shall be the Representative of the
United States of America to the United Nations;
[(K) 1 shall be the Director of the Office of
Management and Budget;
[(L) 1 shall be the Chief of Staff to the
President;
[(M) 1 shall be the Director of the Office,
who shall serve as the Executive Director of
the Council;
[(N) 1 shall be the Director of Central
Intelligence;
[(O) 1 shall be the Assistant to the
President for National Security Affairs;
[(P) 1 shall be the Counsel to the President;
[(Q) 1 shall be the Chairman of the Joint
Chiefs of Staff; and
[(R) 1 shall be the National Security Adviser
to the Vice President.
[(2) Additional members.--The President may, in the
discretion of the President, appoint additional members
to the Council.
[(c) Functions.--The Council shall advise and assist the
President in--
[(1) providing direction and oversight for the
national drug control strategy, including relating drug
control policy to other national security interests and
establishing priorities; and
[(2) ensuring coordination among departments and
agencies of the Federal Government concerning
implementation of the National Drug Control Strategy.
[(d) Administration.--
[(1) In general.--The Council may utilize established
or ad hoc committees, task forces, or interagency
groups chaired by the Director (or a representative of
the Director) in carrying out the functions of the
Council under this section.
[(2) Staff.--The staff of the Office, in coordination
with the staffs of the Vice President and the Assistant
to the President for National Security Affairs, shall
act as staff for the Council.
[(3) Cooperation from other agencies.--Each
department and agency of the executive branch shall--
[(A) cooperate with the Council in carrying
out the functions of the Council under this
section; and
[(B) provide such assistance, information,
and advice as the Council may request, to the
extent permitted by law.]
SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--The Director shall conduct a national youth
anti-drug media campaign (referred to in this subtitle as the
``national media campaign'') in accordance with this section
for the purposes of--
(1) preventing drug abuse among young people in the
United States;
(2) increasing awareness of adults of the impact of
drug abuse on young people; and
(3) encouraging parents and other interested adults
to discuss with young people the dangers of illegal
drug use.
(b) Use of Funds.--
(1) In general.--Amounts made available to carry out
this section for the national media campaign may only
be used for the following:
(A) The purchase of media time and space,
including the strategic planning for, and
accounting of, such purchases.
(B) Creative and talent costs, consistent
with paragraph (2)(A).
(C) Advertising production costs.
(D) Testing and evaluation of advertising.
(E) Evaluation of the effectiveness of the
national media campaign.
(F) The negotiated fees for the winning
bidder on requests for proposals issued either
by the Office or its designee to enter into
contracts to carry out activities authorized by
this section.
(G) Partnerships with professional and civic
groups, community-based organizations,
including faith-based organizations, and
government organizations related to the
national media campaign.
(H) Entertainment industry outreach,
interactive outreach, media projects and
activities, public information, news media
outreach, and corporate sponsorship and
participation.
(I) Operational and management expenses.
(2) Specific requirements.--
(A) Creative services.--
(i) In using amounts for creative and
talent costs under paragraph (1)(B),
the Director shall use creative
services donated at no cost to the
Government (including creative services
provided by the Partnership for a Drug-
Free America) wherever feasible and may
only procure creative services for
advertising--
(I) responding to high-
priority or emergent campaign
needs that cannot timely be
obtained at no cost; or
(II) intended to reach a
minority, ethnic, or other
special audience that cannot
reasonably be obtained at no
cost; or
(III) the Director determines
that the Partnership for a
Drug-Free America is unable to
provide, pursuant to subsection
(d)(2)(B).
(ii) No more than $1,500,000 may be
expended under this section each fiscal
year on creative services, except that
the Director may expend up to
$2,000,000 in a fiscal year on creative
services to meet urgent needs of the
national media campaign with advance
approval from the Committee on
Appropriations of the House of
Representatives and of the Senate upon
a showing of the circumstances causing
such urgent needs of the national media
campaign.
(B) Testing and evaluation of advertising.--
In using amounts for testing and evaluation of
advertising under paragraph (1)(D), the
Director shall test all advertisements prior to
use in the national media campaign to ensure
that the advertisements are effective and meet
industry-accepted standards. The Director may
waive this requirement for advertisements using
no more than 10 percent of the purchase of
advertising time purchased under this section
in a fiscal year and no more than 10 percent of
the advertising space purchased under this
section in a fiscal year, if the advertisements
respond to emergent and time-sensitive campaign
needs or the advertisements will not be widely
utilized in the national media campaign.
(C) Evaluation of effectiveness of media
campaign.--In using amounts for the evaluation
of the effectiveness of the national media
campaign under paragraph (1)(E), the Director
shall--
(i) designate an independent entity
to evaluate annually the effectiveness
of the national media campaign based on
data from--
(I) the Monitoring the Future
Study published by the
Department of Health and Human
Services;
(II) the Attitude Tracking
Study published by the
Partnership for a Drug Free
America;
(III) the National Household
Survey on Drug Abuse; and
(IV) other relevant studies
or publications, as determined
by the Director, including
tracking and evaluation data
collected according to
marketing and advertising
industry standards; and
(ii) ensure that the effectiveness of
the national media campaign is
evaluated in a manner that enables
consideration of whether the national
media campaign has contributed to
reduction of illicit drug use among
youth and such other measures of
evaluation as the Director determines
are appropriate.
(3) Purchase of advertising time and space.--For each
fiscal year, not less than 77 percent of the amounts
appropriated under this section shall be used for the
purchase of advertising time and space for the national
media campaign, subject to the following exceptions:
(A) In any fiscal year for which less than
$125,000,000 is appropriated for the national
media campaign, not less than 82 percent of the
amounts appropriated under this section shall
be used for the purchase of advertising time
and space for the national media campaign.
(B) In any fiscal year for which more than
$195,000,000 is appropriated under this
section, not less than 72 percent shall be used
for advertising production costs and the
purchase of advertising time and space for the
national media campaign.
(c) Advertising.--In carrying out this section, the Director
shall ensure that sufficient funds are allocated to meet the
stated goals of the national media campaign.
(d) Division of Responsibilities and Functions Under the
Program.--
(1) In general.--The Director, in consultation with
the Partnership for a Drug-Free America, shall
determine the overall purposes and strategy of the
national media campaign.
(2) Responsibilities.--
(A) Director.--The Director shall be
responsible for implementing a focused national
media campaign to meet the purposes set forth
in subsection (a), and shall approve--
(i) the strategy of the national
media campaign;
(ii) all advertising and promotional
material used in the national media
campaign; and
(iii) the plan for the purchase of
advertising time and space for the
national media campaign.
(B) The partnership for a drug-free
america.--The Director shall request that the
Partnership for a Drug-Free America--
(i) develop and recommend strategies
to achieve the goals of the national
media campaign, including addressing
national and local drug threats in
specific regions or States, such as
methamphetamine and ecstasy;
(ii) create all advertising to be
used in the national media campaign,
except advertisements that are--
(I) provided by other
nonprofit entities pursuant to
subsection (f);
(II) intended to respond to
high-priority or emergent
campaign needs that cannot
timely be obtained at no cost
(not including production costs
and talent reuse payments),
provided that any such
advertising material is
reviewed by the Partnership for
a Drug-Free America;
(III) intended to reach a
minority, ethnic, or other
special audience that cannot be
obtained at no cost (not
including production costs and
talent reuse payments),
provided that any such
advertising material is
reviewed by the Partnership for
a Drug-Free America; or
(IV) any other advertisements
that the Director determines
that the Partnership for a
Drug-Free America is unable to
provide.
(C) Media buying contractor.--The Director
shall enter into a contract with a media buying
contractor to plan and purchase advertising
time and space for the national media campaign.
The media buying contractor shall not provide
any other service or material, or conduct any
other function or activity which the Director
determines should be provided by the
Partnership for a Drug-Free America.
(e) Prohibitions.--None of the amounts made available under
subsection (b) may be obligated or expended for any of the
following:
(1) To supplant current antidrug community-based
coalitions.
(2) To supplant pro bono public service time donated
by national and local broadcasting networks for other
public service campaigns.
(3) For partisan political purposes, or express
advocacy in support of or to defeat any clearly
identified candidate, clearly identified ballot
initiative, or clearly identified legislative or
regulatory proposal.
(4) To fund advertising that features any elected
officials, persons seeking elected office, cabinet
level officials, or other Federal officials employed
pursuant to section 213 of Schedule C of title 5, Code
of Federal Regulations.
(5) To fund advertising that does not contain a
primary message intended to reduce or prevent illicit
drug use.
(6) To fund advertising containing a primary message
intended to promote support for the media campaign or
private sector contributions to the media campaign.
(f) Matching Requirement.--
(1) In general.--Amounts made available under
subsection (b) for media time and space shall be
matched by an equal amount of non-Federal funds for the
national media campaign, or be matched with in-kind
contributions of the same value.
(2) No-cost match advertising direct relationship
requirement.--The Director shall ensure that at least
70 percent of no-cost match advertising provided
directly relates to substance abuse prevention
consistent with the specific purposes of the national
media campaign, except that in any fiscal year in which
less than $125,000,000 is appropriated to the national
media campaign, the Director shall ensure that at least
85 percent of no-cost match advertising directly
relates to substance abuse prevention consistent with
the specific purposes of the national media campaign.
(3) No-cost match advertising not directly related.--
The Director shall ensure that no-cost match
advertising that does not directly relate to substance
abuse prevention consistent with the purposes of the
national media campaign includes a clear antidrug
message. Such message is not required to be the primary
message of the match advertising.
(g) Financial and Performance Accountability.--The Director
shall cause to be performed--
(1) audits and reviews of costs of the national media
campaign pursuant to section 304C of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 254d); and
(2) an audit to determine whether the costs of the
national media campaign are allowable under section 306
of such Act (41 U.S.C. 256).
(h) Report to Congress.--The Director shall submit on an
annual basis a report to Congress that describes--
(1) the strategy of the national media campaign and
whether specific objectives of the media campaign were
accomplished;
(2) steps taken to ensure that the national media
campaign operates in an effective and efficient manner
consistent with the overall strategy and focus of the
national media campaign;
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase
advertising time and space and eliminate the potential
for waste, fraud, and abuse; and
(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the
national media campaign.
(i) Local Target Requirement.--The Director shall, to the
maximum extent feasible, use amounts made available under this
section for media that focuses on, or includes specific
information on, prevention or treatment resources for consumers
within specific local areas.
(j) Prevention of Marijuana Use.--
(1) Findings.--The Congress finds the following:
(A) 60 percent of adolescent admissions for
drug treatment are based on marijuana use.
(B) Potency levels of contemporary marijuana,
particularly hydroponically grown marijuana,
are significantly higher than in the past,
rising from under 1 percent of THC in the mid-
1970s to as high as 30 percent today.
(C) Contemporary research has demonstrated
that youths smoking marijuana early in life may
be up to five times more likely to use hard
drugs.
(D) Contemporary research has demonstrated
clear detrimental effects in adolescent
educational achievement resulting from
marijuana use.
(E) Contemporary research has demonstrated
clear detrimental effects in adolescent brain
development resulting from marijuana use.
(F) An estimated 9,000,000 Americans a year
drive while under the influence of illegal
drugs, including marijuana.
(G) Marijuana smoke contains 50 to 70 percent
more of certain cancer causing chemicals than
tobacco smoke.
(H) Teens who use marijuana are up to four
times more likely to have a teen pregnancy than
teens who have not.
(I) Federal law enforcement agencies have
identified clear links suggesting that trade in
hydroponic marijuana facilitates trade by
criminal organizations in hard drugs, including
heroin.
(J) Federal law enforcement agencies have
identified possible links between trade in
cannabis products and financing for terrorist
organizations.
(2) Emphasis on prevention of youth marijuana use.--
In conducting advertising and activities otherwise
authorized under this section, the Director may
emphasize prevention of youth marijuana use.
(k) Authorization of Appropriations.--There is authorized to
be appropriated to the Office to carry out this section,
$195,000,000 for each of fiscal years 2006 and 2007 and
$210,000,000 for each of fiscal years 2008 through 2010.
* * * * * * *
SEC. 711. DRUG INTERDICTION.
[(a) Definition.--In this section, the term ``Federal drug
control agency'' means--
[(1) the Office of National Drug Control Policy;
[(2) the Department of Defense;
[(3) the Drug Enforcement Administration;
[(4) the Federal Bureau of Investigation;
[(5) the Immigration and Naturalization Service;
[(6) the United States Coast Guard;
[(7) the United States Customs Service; and
[(8) any other department or agency of the Federal
Government that the Director determines to be relevant.
[(b) Report.--In order to assist Congress in determining the
personnel, equipment, funding, and other resources that would
be required by Federal drug control agencies in order to
achieve a level of interdiction success at or above the highest
level achieved before the date of enactment of this title, not
later than 90 days after the date of enactment of this Act, the
Director shall submit to Congress and to each Federal drug
control program agency a report, which shall include--
[(1) with respect to the southern and western border
regions of the United States (including the Pacific
coast, the border with Mexico, the Gulf of Mexico
coast, and other ports of entry) and in overall totals,
data relating to--
[(A) the amount of marijuana, heroin,
methamphetamine, and cocaine--
[(i) seized during the year of
highest recorded seizures for each drug
in each region and during the year of
highest recorded overall seizures; and
[(ii) disrupted during the year of
highest recorded disruptions for each
drug in each region and during the year
of highest recorded overall seizures;
and
[(B) the number of persons arrested for
violations of section 1010(a) of the Controlled
Substances Import and Export Act (21 U.S.C.
960(a)) and related offenses during the year of
the highest number of arrests on record for
each region and during the year of highest
recorded overall arrests;
[(2) the price of cocaine, heroin, methamphetamine,
and marijuana during the year of highest price on
record during the preceding 10-year period, adjusted
for purity where possible; and
[(3) a description of the personnel, equipment,
funding, and other resources of the Federal drug
control agency devoted to drug interdiction and
securing the borders of the United States against drug
trafficking for each of the years identified in
paragraphs (1) and (2) for each Federal drug control
agency.]
(a) United States Interdiction Coordinator.--
(1) In general.--The Deputy Director for Supply
Reduction in the Office shall serve as the United
States Interdiction Coordinator, and shall perform the
duties of that position described in paragraph (2) and
such other duties as may be determined by the Director
with respect to coordination of efforts to interdict
illicit drugs from entering the United States.
(2) Responsibilities.--The United States Interdiction
Coordinator shall be responsible to the Director for--
(A) coordinating the interdiction activities
of the National Drug Control Program agencies
to ensure consistency with the National Drug
Control Strategy;
(B) on behalf of the Director, developing and
issuing, on or before March 1 of each year and
in accordance with paragraph (3), a National
Interdiction Command and Control Plan to ensure
the coordination and consistency described in
subparagraph (A);
(C) assessing the sufficiency of assets
committed to illicit drug interdiction by the
relevant National Drug Control Program
agencies; and
(D) advising the Director on the efforts of
each National Drug Control Program agency to
implement the National Interdiction Command and
Control Plan.
(3) Staff.--The Director shall assign such permanent
staff of the Office as he considers appropriate to
assist the United States Interdiction Coordinator to
carry out the responsibilities described in paragraph
(2), and may also, at his discretion, request that
appropriate National Drug Control Program agencies
detail or assign staff to the Office of Supply
Reduction for that purpose.
(4) National interdiction command and control plan.--
(A) Purposes.--The National Interdiction
Command and Control Plan shall--
(i) set forth the Government's
strategy for drug interdiction;
(ii) state the specific roles and
responsibilities of the relevant
National Drug Control Program agencies
for implementing that strategy; and
(iii) identify the specific resources
required to enable the relevant
National Drug Control Program agencies
to implement that strategy.
(B) Consultation with other agencies.--The
United States Interdiction Coordinator shall
issue the National Interdiction Command and
Control Plan in consultation with the other
members of the Interdiction Committee described
in subsection (b).
(C) Limitation.--The National Interdiction
Command and Control Plan shall not change
existing agency authorities or the laws
governing interagency relationships, but may
include recommendations about changes to such
authorities or laws.
(D) Report to congress.--On or before March 1
of each year, the United States Interdiction
Coordinator shall provide a report on behalf of
the Director to the appropriate congressional
committees, to the Committee on Armed Services
and the Committee on Homeland Security of the
House of Representatives, and to the Committee
on Homeland Security and Governmental Affairs
and the Committee on Armed Services of the
Senate, which shall include--
(i) a copy of that year's National
Interdiction Command and Control Plan;
(ii) information for the previous 10
years regarding the number and type of
seizures of drugs by each National Drug
Control Program agency conducting drug
interdiction activities, as well as
statistical information on the
geographic areas of such seizures; and
(iii) information for the previous 10
years regarding the number of air and
maritime patrol hours undertaken by
each National Drug Control Program
agency conducting drug interdiction
activities, as well as statistical
information on the geographic areas in
which such patrol hours took place.
(E) Treatment of classified or law
enforcement sensitive information.--Any content
of the report described in subparagraph (D)
that involves information classified under
criteria established by an Executive order, or
the public disclosure of which, as determined
by the United States Interdiction Coordinator
or the head of any relevant National Drug
Control Program agency, would be detrimental to
the law enforcement or national security
activities of any Federal, State, or local
agency, shall be presented to Congress
separately from the rest of the plan.
(b) Interdiction Committee.--
(1) In general.--The Interdiction Committee shall
meet to--
(A) discuss and resolve issues related to the
coordination, oversight and integration of
international, border, and domestic drug
interdiction efforts in support of the National
Drug Control Strategy;
(B) review the annual National Interdiction
Command and Control Plan, and provide advice to
the Director and the United States Interdiction
Coordinator concerning that plan; and
(C) provide such other advice to the Director
concerning drug interdiction strategy and
policies as the committee determines is
appropriate.
(2) Membership.--The membership of the Interdiction
Committee shall consist of--
(A) the Commissioner of the bureau of Customs
and Border Protection at the Department of
Homeland Security;
(B) the Assistant Secretary of the bureau of
Immigration and Customs Enforcement at the
Department of Homeland Security;
(C) the Commandant of the United States Coast
Guard;
(D) the Director of the Office of
Counternarcotics Enforcement at the Department
of Homeland Security;
(E) the Administrator of the Drug Enforcement
Administration;
(F) the Assistant Secretary of State for
International Narcotics and Law Enforcement
Affairs;
(G) the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict;
(H) the Deputy Director for Supply Reduction
of the Office of National Drug Control Policy,
acting in his role as the United States
Interdiction Coordinator;
(I) the director of the Crime and Narcotics
Center of the Central Intelligence Agency;
(J) the Deputy Director for State and Local
Affairs of the Office of National Drug Control
Policy;
(K) the Chief of the National Guard Bureau's
Counterdrug Program; and
(L) such additional persons as may be
determined by the Director.
(3) Chairman.--The Director shall designate one of
the members of the Interdiction Committee to serve as
chairman.
(4) Meetings.--The members of the Interdiction
Committee shall meet, in person and not through any
delegate or representative, at least once per calendar
year, prior to March 1. At the call of either the
Director or the current chairman, the Interdiction
Committee may hold additional meetings, which shall be
attended by the members either in person, or through
such delegates or representatives as they may choose.
(5) Report.--Not later than September 30 of each
year, the chairman of the Interdiction Committee shall
submit a report to the Director and to the appropriate
congressional committees describing the results of the
meetings and any significant findings of the Committee
during the previous 12 months. Any content of such a
report that involves information classified under
criteria established by an Executive order, or whose
public disclosure, as determined by the Director, the
chairman, or any member, would be detrimental to the
law enforcement or national security activities of any
Federal, State, or local agency, shall be presented to
Congress separately from the rest of the report.
* * * * * * *
[SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
[Section 6073 of the Asset Forfeiture Amendments Act of 1988
(21 U.S.C. 1509) is amended--
[(1) in subsection (b)--
[(A) by striking ``section 524(c)(9)'' and
inserting ``section 524(c)(8)''; and
[(B) by striking ``section 9307(g)'' and
inserting ``section 9703(g)''; and
[(2) in subsection (e), by striking ``strategy'' and
inserting ``Strategy''.]
SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL
FEDERAL ADVERTISING OR OTHER COMMUNICATION
MATERIALS.
(a) Requirement.--Each advertisement or other communication
paid for by the Office, either directly or through a contract
awarded by the Office, shall include a prominent notice
informing the target audience that the advertisement or other
communication is paid for by the Office.
(b) Advertisement or Other Communication.--In this section,
the term ``advertisement or other communication'' includes--
(1) an advertisement disseminated in any form,
including print or by any electronic means; and
(2) a communication by an individual in any form,
including speech, print, or by any electronic means.
* * * * * * *
SEC. 714. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
[title,] title, except activities for which amounts are
otherwise specifically authorized by this title, to remain
available until expended, such sums as may be necessary for
each of fiscal years [1999 through 2003] 2006 through 2010.
[SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.
[(a) In General.--Except as provided in subsection (b),
effective on September 30, 2003, this title and the amendments
made by this title are repealed.
[(b) Exception.--Subsection (a) does not apply to section 713
or the amendments made by that section.]
* * * * * * *
----------
DRUG-FREE MEDIA CAMPAIGN ACT OF 1998
TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS
[Subtitle A--National Youth Anti-Drug Media Campaign
[SEC. 101. SHORT TITLE.
[This subtitle may be cited as the ``Drug-Free Media Campaign
Act of 1998''.
[SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.
[(a) In General.--The Director of the Office of National Drug
Control Policy (in this subtitle referred to as the
``Director'') shall conduct a national media campaign in
accordance with this subtitle for the purpose of reducing and
preventing drug abuse among young people in the United States.
[(b) Local Target Requirement.--The Director shall, to the
maximum extent feasible, use amounts made available to carry
out this subtitle under section 105 for media that focuses on,
or includes specific information on, prevention or treatment
resources for consumers within specific local areas.
[SEC. 103. USE OF FUNDS.
[(a) Authorized Uses.--
[(1) In general.--Amounts made available to carry out
this subtitle for the support of the national media
campaign may only be used for--
[(A) the purchase of media time and space;
[(B) talent reuse payments;
[(C) out-of-pocket advertising production
costs;
[(D) testing and evaluation of advertising;
[(E) evaluation of the effectiveness of the
media campaign;
[(F) the negotiated fees for the winning
bidder on request for proposals issued by the
Office of National Drug Control Policy;
[(G) partnerships with community, civic, and
professional groups, and government
organizations related to the media campaign;
and
[(H) entertainment industry collaborations to
fashion antidrug messages in motion pictures,
television programing, popular music,
interactive (Internet and
new) media projects and activities, public
information, news media outreach, and corporate
sponsorship and participation.
[(2) Advertising.--In carrying out this subtitle, the
Director shall devote sufficient funds to the
advertising portion of the national media campaign to
meet the stated reach and frequency goals of the
campaign.
[(b) Prohibitions.--None of the amounts made available under
section 105 may be obligated or expended--
[(1) to supplant current antidrug community based
coalitions;
[(2) to supplant current pro bono public service time
donated by national and local broadcasting networks;
[(3) for partisan political purposes; or
[(4) to fund media campaigns that feature any elected
officials, persons seeking elected office, cabinet
level officials, or other Federal officials employed
pursuant to section 213 of Schedule C of title 5, Code
of Federal Regulations, unless the Director provides
advance notice to the Committees on Appropriations of
the House of Representatives and the Senate, the
Committee on Government Reform and Oversight of the
House of Representatives and the Committee on the
Judiciary of the Senate.
[(c) Matching Requirement.--Amounts made available under
section 105 should be matched by an equal amount of non-Federal
funds for the national media campaign, or be matched with in-
kind contributions to the campaign of the same value.
[SEC. 104. REPORTS TO CONGRESS.
[The Director shall--
[(1) submit to Congress on an annual basis a report
on the activities for which amounts made available
under section 105 have been obligated during the
preceding year, including information for each quarter
of such year, and on the specific parameters of the
national media campaign; and
[(2) not later than 1 year after the date of
enactment of this Act, submit to Congress a report on
the effectiveness of the national media campaign based
on measurable outcomes provided to Congress previously.
[SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
[There is authorized to be appropriated to the Office of
National Drug Control Policy to carry out this subtitle
$195,000,000 for each of fiscal years 1999 through 2002.]
----------
SECTION 878 OF THE HOMELAND SECURITY ACT OF 2002
SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
(a) * * *
* * * * * * *
(c) Limitation on Concurrent Employment.--[Except as provided
in subsection (d), the] The Director of the Office of
Counternarcotics Enforcement shall not be employed by, assigned
to, or serve as the head of, any other branch of the Federal
Government, any State or local government, or any subdivision
of the Department other than the Office of Counternarcotics
Enforcement.
[(d) Eligibility To Serve as the United States Interdiction
Coordinator.--The Director of the Office of Counternarcotics
Enforcement may be appointed as the United States Interdiction
Coordinator by the Director of the Office of National Drug
Control Policy, and shall be the only person at the Department
eligible to be so appointed.]
[(e)] (d) Responsibilities.--The Secretary shall direct the
Director of the Office of Counternarcotics Enforcement--
(1) * * *
* * * * * * *
[(f)] (e) Savings Clause.--Nothing in this section shall be
construed to authorize direct control of the operations
conducted by the Directorate of Border and Transportation
Security, the Coast Guard, or joint terrorism task forces.
[(g)] (f) Reports to Congress.--
(1) * * *
* * * * * * *
----------
SECTION 464P OF THE PUBLIC HEALTH SERVICE ACT
MEDICATION DEVELOPMENT PROGRAM
Sec. 464P. (a) * * *
* * * * * * *
(c) Report.--
(1) In general.--Not later than December 31, 1992,
and each December 31 thereafter, the Director of the
Institute shall submit to the Office of National Drug
Control Policy established [under section 1002 of the
Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501)] under
section 703 of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1702) a
report, in accordance with paragraph (3), that
describes the objectives and activities of the program
assisted under this section.
(2) National drug control strategy.--The Director of
National Drug Control Policy shall incorporate, by
reference or otherwise, each report submitted under
this subsection in the National Drug Control Strategy
submitted the following February 1 [under section 1005
of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504)]
under section 706 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C.
1705).
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SECTION 6073 OF THE ASSET FORFEITURE AMENDMENTS ACT OF 1988
[SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
[(a) In General.--There is established in the Treasury of the
United States the Special Forfeiture Fund (hereafter referred
to in this section as the ``Fund'') which shall be available to
the Director of the National Drug Control Policy without fiscal
year limitation in such amounts as may be specified in
appropriations Acts.
[(b) Deposits.--There shall be deposited into the Fund the
amounts specified by section 524(c)(8) of title 28, United
States Code, and section 9703(g) of title 31, United States
Code, and any earnings on the investments authorized by
subsection (d).
[(c) Super Surplus.--(1) Any unobligated balance up to
$20,000,000 remaining in the Fund on September 30 of a fiscal
year shall be available to the Director, subject to paragraph
(2), to transfer to, and for obligation and expenditure in
connection with drug control activities of, any Federal agency
or State or local entity with responsibilities under the
National Drug Control Strategy.
[(2) A transfer may be made under paragraph (1) only with the
advance written approval of the Committees on Appropriations of
each House of Congress.
[(d) Investment of Fund.--Amounts in the Fund which are not
currently needed for the purposes of this section shall be kept
on deposit or invested in obligations of, or guaranteed by, the
United States and all earnings on such investments shall be
deposited in the Fund.
[(e) President's Budget.--The President shall, in
consultation with the Director for National Drug Control
Policy, include, as part of the budget submitted to the
Congress under section 1105(a) of title 31, United States Code,
a separate and detailed request for the use of the amounts in
the Fund. This request shall reflect the priorities of the
National Drug Control Strategy.
[(f) Funds Provided Supplemental.--Funds disbursed under this
subsection shall not be used to supplant existing funds, but
shall be used to supplement the amount of funds that would be
otherwise available.
[(g) Annual Report.--No later than 4 months after the end of
each fiscal year, the President shall submit to both Houses of
Congress a detailed report on the amounts deposited in the Fund
and a description of expenditures made under this subsection.]