[House Report 109-315]
[From the U.S. Government Publishing Office]
109th Congress Rept. 109-315
HOUSE OF REPRESENTATIVES
2d Session Part 3
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OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2005
_______
March 3, 2006.--Ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, 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 the Judiciary, to whom was referred the bill
(H.R. 2829) to reauthorize the Office of National Drug Control
Policy Act, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Office of National
Drug Control Policy Reauthorization Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Office of National Drug Control Policy
Reauthorization Act of 1998.
Sec. 3. Repeal of termination provision.
Sec. 4. Amendments to definitions.
Sec. 5. Amendments relating to establishment of Office of National Drug
Control Policy and designation of officers.
Sec. 6. Amendments relating to appointment and duties of Director and
Deputy Director.
Sec. 7. Amendments relating to coordination with other agencies.
Sec. 8. Development, submission, implementation, and assessment of
National Drug Control Strategy.
Sec. 9. High Intensity Drug Trafficking Areas Program.
Sec. 10. Funding for certain High Intensity Drug Trafficking Areas.
Sec. 11. Amendments relating to Counter-Drug Technology Assessment
Center.
Sec. 12. National youth antidrug media campaign.
Sec. 13. Drug interdiction.
Sec. 14. Awards for demonstration programs by local partnerships to
shut down illicit drug market hot-spots by deterring drug dealers or
altering the dynamic of drug sales.
Sec. 15. Awards for demonstration programs by local partnerships to
coerce abstinence in chronic hard-drug users under community
supervision through the use of drug testing and sanctions.
Sec. 16. Authorization of appropriations.
Sec. 17. Technical amendments and repeal.
Sec. 18. Requirement for disclosure of Federal sponsorship of all
Federal advertising or other communication materials.
Sec. 19. Policy relating to syringe exchange programs.
SEC. 2. AMENDMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY
REAUTHORIZATION ACT OF 1998.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Office of National Drug
Control Policy Reauthorization Act of 1998 (Public Law 105-277; 21
U.S.C. 1701 et seq.).
SEC. 3. REPEAL OF TERMINATION PROVISION.
Section 715 (21 U.S.C. 1712) is repealed, and the law shall read as
if such section was never in effect.
SEC. 4. AMENDMENTS TO DEFINITIONS.
(a) Amendments to Definitions.--Section 702 (21 U.S.C. 1701) is
amended--
(1) in paragraph (1)--
(A) by striking ``and'' at the end of subparagraph
(F);
(B) by striking the period at the end of subparagraph
(G) and inserting ``, including the testing of
employees;''; and
(C) by adding at the end the following:
``(H) interventions for drug abuse and dependence;
and
``(I) international drug control coordination and
cooperation with respect to activities described in
this paragraph.'';
(2) in paragraph (6), by adding before the period at the end:
``, including any activities involving supply reduction, demand
reduction, or State and local affairs'';
(3) in paragraph (7)--
(A) by striking ``Agency'' and inserting ``agency'';
(B) by striking ``National Foreign Intelligence
Program,'' and inserting ``National Intelligence
Program,''; and
(C) by inserting a comma before ``or Tactical'';
(4) in paragraph (9), by striking ``implicates'' and
inserting ``indicates'';
(5) in paragraph (10)--
(A) by adding ``National Drug Control Program
agencies and'' after ``among'' in subparagraph (B);
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the period at the end of subparagraph
(C) and inserting a semicolon; and
(D) by adding at the end the following:
``(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.'';
(6) in paragraph (11)--
(A) by inserting before the semicolon in subparagraph
(A) the following: ``, 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) by striking subparagraph (B) and inserting the
following:
``(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) by striking ``; and'' at the end of subparagraph
(C) and inserting a period; and
(D) by striking subparagraph (D); and
(7) by adding at the end the following:
``(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.''.
(b) Conforming Amendments.--Section 703(b)(3) (21 U.S.C. 1702(b)(3))
is amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(I)''; and
(2) in subparagraph (C)--
(A) by striking ``through (C)'' and inserting
``through (E)'';
(B) by striking ``and subparagraph (D) of section
702(11)''; and
(C) by adding before the period at the end the
following: ``, and sections 707 and 708 of this Act''.
SEC. 5. AMENDMENTS RELATING TO ESTABLISHMENT OF OFFICE OF NATIONAL DRUG
CONTROL POLICY AND DESIGNATION OF OFFICERS.
(a) Responsibilities.--Paragraph (4) of section 703(a) (21 U.S.C.
1702(a)) is amended to read as follows:
``(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.''.
(b) Rank of Director.--Section 703(b) (21 U.S.C. 1702(b)) is amended
in paragraph (1) by adding before the period the following: ``, 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''.
(c) Deputy Directors.--Section 703(b) (21 U.S.C. 1702(b)) is amended
in paragraph (3)--
(1) by striking ``Office--'' and inserting ``Office the
following additional Deputy Directors--''; and
(2) in subparagraph (B), by striking ``who shall'' and
inserting the following: ``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''.
SEC. 6. AMENDMENTS RELATING TO APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTOR.
(a) Designation of Other Officers.--Section 704(a)(3) (21 U.S.C.
1703(a)(3)) is amended--
(1) by striking ``permanent employee'' and inserting
``officer or employee''; and
(2) by striking ``serve as the Director'' and inserting
``serve as the acting Director''.
(b) Responsibilities of Director.--Section 704(b) (21 U.S.C. 1703(b))
is amended--
(1) in paragraph (4), by striking ``Federal departments and
agencies engaged in drug enforcement,'' and inserting
``National Drug Control Program agencies,'';
(2) in paragraph (7), by inserting after ``President'' the
following: ``and the appropriate congressional committees'';
(3) in paragraph (13), by striking ``(beginning in 1999)'';
(4) in paragraph (14)--
(A) by striking ``Appropriations'' and all that
follows through ``Senate'' and inserting ``appropriate
congressional committees''; and
(B) by striking ``and'' after the semicolon at the
end;
(5) in paragraph (15), by striking subparagraph (C) and
inserting the following:
``(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;''; and
(6) by inserting at the end the following:
``(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;
``(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; and
``(20) shall, within one year after the date of the enactment
of the Office of National Drug Control Policy Reauthorization
Act of 2005, report to Congress on the impact of each Federal
drug reduction strategy upon the availability, addiction rate,
use rate, and other harms of illegal drugs.''.
(c) Submission of Drug Control Budget Requests.--Section 704(c)(1) is
amended by adding at the end the following:
``(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.''.
(d) National Drug Control Budget Proposal.--Section 704(c)(2) is
amended in subparagraph (A) by inserting before the semicolon: ``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''.
(e) Review and Certification of National Drug Control Program
Budget.--Section 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(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; and
``(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).'';
(3) in subparagraph (D)(iii), as so redesignated, by
inserting ``and the appropriate congressional committees''
after ``House of Representatives''; and
(4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by
inserting ``and the appropriate congressional committees''
after ``House of Representatives''.
(f) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) (21
U.S.C. 1703(c)(4)(A)) is amended by striking ``$5,000,000'' and
inserting ``$1,000,000''.
(g) Powers of Director.--Section 704(d) (21 U.S.C. 1703(d)) is
amended--
(1) in paragraph (8)(D), by striking ``have been authorized
by Congress;'' and inserting ``authorized by law;'';
(2) in paragraph (9)--
(A) by inserting ``notwithstanding any other
provision of law,'' after ``(9)''; and
(B) by striking ``Strategy; and'' and inserting
``Strategy and notify the appropriate congressional
committees of any fund control notice issued;'';
(3) in paragraph (10), by striking ``(22 U.S.C. 2291j).'' and
inserting ``(22 U.S.C. 2291j) and section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-
1); and''; and
(4) by adding at the end the following new paragraph:
``(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.''.
(g) Fund Control Notices.--Section 704(f) (21 U.S.C. 1703(f)) is
amended by adding at the end the following:
``(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.''.
(h) Technical Amendments.--Section 704 (21 U.S.C. 1703) is amended--
(1) in subsection (g)--
(A) by striking ``National Foreign Intelligence
Program'' and inserting ``National Intelligence
Program''; and
(B) by inserting a comma before ``and Tactical''; and
(2) in subsection (h), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence or the Director of the Central Intelligence
Agency''.
(i) Requirement for South American Heroin Strategy.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Drug Control
Policy shall submit to the Congress a comprehensive strategy
that addresses the increased threat from South American heroin,
and in particular Colombian heroin and the emerging threat from
opium poppy grown in Peru and often intended for transit to
Columbia for processing into heroin.
(2) Contents.--The strategy shall include--
(A) opium eradication efforts to eliminate the
problem at the source to prevent heroin from entering
the stream of commerce;
(B) interdiction and precursor chemical controls;
(C) demand reduction and treatment;
(D) alternative development programs, including
direct assistance to regional governments to demobilize
and provide alternative livelihoods to former members
of insurgent or other groups engaged in heroin, coca,
or other illicit drug production or trafficking;
(E) efforts to inform and involve local citizens in
the programs described in subparagraphs (A) through
(D), such as through leaflets advertising rewards for
information;
(F) provisions that ensure the maintenance at current
levels of efforts to eradicate coca in Colombia; and
(G) assessment of the specific level of funding and
resources necessary to simultaneously address the
threat from South American heroin and the threat from
Colombian and Peruvian coca.
(3) Treatment of classified or law enforcement sensitive
information.--Any content of the strategy that involves
information classified under criteria established by an
Executive order, or whose public disclosure, as determined by
the Director or the head of any relevant Federal agency, would
be detrimental to the law enforcement or national security
activities of any Federal, foreign, or international agency,
shall be presented to Congress separately from the rest of the
strategy.
(j) Requirement for Afghan Heroin Strategy.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Office of National
Drug Control Policy shall submit to the Congress a
comprehensive strategy that addresses the increased threat from
Afghan heroin.
(2) Contents.--The strategy shall include--
(A) opium crop eradication efforts to eliminate the
problem at the source to prevent heroin from entering
the stream of commerce;
(B) destruction or other direct elimination of
stockpiles of heroin and raw opium, and heroin
production and storage facilities;
(C) interdiction and precursor chemical controls;
(D) demand reduction and treatment;
(E) alternative development programs;
(F) measures to improve cooperation and coordination
between Federal Government agencies, and between such
agencies, agencies of foreign governments, and
international organizations with responsibility for the
prevention of heroin production in, or trafficking out
of, Afghanistan; and
(G) an assessment of the specific level of funding
and resources necessary significantly to reduce the
production and trafficking of heroin.
(3) Treatment of classified or law enforcement sensitive
information.--Any content of the strategy that involves
information classified under criteria established by an
Executive order, or whose public disclosure, as determined by
the Director or the head of any relevant Federal agency, would
be detrimental to the law enforcement or national security
activities of any Federal, foreign, or international agency,
shall be presented to Congress separately from the rest of the
strategy.
(k) Requirement for General Counterdrug Intelligence Plan.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, and not later than every two years
thereafter, the Director of the Office of National Drug Control
Policy, with the concurrence of the Director of National
Intelligence, shall submit to the appropriate congressional
committees, a general counterdrug intelligence plan to improve
coordination, and eliminate unnecessary duplication, among the
counterdrug intelligence centers and information sharing
systems, and counterdrug activities of the Federal Government,
including the centers, systems, and activities of the following
departments and agencies:
(A) The Department of Defense, including the Defense
Intelligence Agency, and the joint interagency task
forces.
(B) The Department of the Treasury, including the
Financial Crimes Enforcement Network (FinCEN).
(C) The Central Intelligence Agency.
(D) The National Security Agency.
(E) The Department of Homeland Security, including
the United States Coast Guard, the bureau of Customs
and Border Protection, and the bureau of Immigration
and Customs Enforcement.
(F) The Department of Justice, including the National
Drug Intelligence Center (NDIC); the Drug Enforcement
Administration, including the El Paso Intelligence
Center (EPIC); the Federal Bureau of Investigation; the
Organized Crime Drug Enforcement Task Force; and the
Regional Information Sharing System.
(G) The Office of National Drug Control Policy,
including the High Intensity Drug Trafficking Areas
Program.
(H) The Counterdrug Intelligence Executive
Secretariat.
(2) Purpose.--The purpose of the plan under paragraph (1) is
to maximize the effectiveness of the centers and activities
referred to in that paragraph in achieving the objectives of
the National Drug Control Strategy promulgated under 21 U.S.C.
1705. In order to maximize such effectiveness, the plan shall--
(A) articulate clear and specific mission statements
(including purpose and scope of activity) for each
counterdrug intelligence center, system, and activity,
including the manner in which responsibility for
counterdrug intelligence activities will be allocated
among the counterdrug intelligence centers and systems;
(B) specify each government agency (whether Federal,
State, or local) that participates in each such center,
system, and activity, including a description of the
extent and nature of that participation;
(C) specify the relationship between such centers,
systems, and activities;
(D) specify the means by which proper oversight of
such centers, systems, and activities will be assured;
(E) specify the means by which counterdrug
intelligence and information will be forwarded
effectively to all levels of officials responsible for
United States counterdrug policy; and
(F) specify mechanisms to ensure that State and local
law enforcement agencies are apprised of counterdrug
intelligence and information acquired by Federal law
enforcement agencies in a manner which--
(i) facilitates effective counterdrug
activities by State and local law enforcement
agencies; and
(ii) provides such State and local law
enforcement agencies with the information
relating to the safety of officials involved in
their counterdrug activities.
(3) Definitions.--As used in this subsection--
(A) the term ``center'' refers to any center, office,
task force, or other coordinating organization engaged
in counterdrug intelligence or information analyzing or
sharing activities;
(B) the term ``system'' refers to any computerized
database or other electronic system used for
counterdrug intelligence or information analyzing or
sharing activities; and
(C) the term ``appropriate congressional committees''
means the following:
(i) The Committee on Appropriations, the
Committee on Foreign Relations, the Committee
on the Judiciary, the Committee on Homeland
Security and Governmental Affairs, the Caucus
on International Narcotics Control, and the
Select Committee on Intelligence of the Senate.
(ii) The Committee on Appropriations, the
Committee on International Relations, the
Committee on the Judiciary, the Committee on
Government Reform, the Committee on Homeland
Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(4) Limitation.--The general counterdrug intelligence plan
shall not--
(A) change existing agency authorities or the laws
governing interagency relationships, but may include
recommendations about changes to such authorities or
laws; or
(B) include any information about specific methods of
obtaining, or sources of, intelligence or information,
or any information about specific individuals, cases,
investigations, or operations.
(5) Classified or law enforcement sensitive information.--Any
content of the general counterdrug intelligence plan that
involves information classified under criteria established by
an Executive order, or whose public disclosure, as determined
by the Director of the Office of National Drug Control Policy,
the Director of National Intelligence, or the head of any
Federal Government agency whose activities are described in the
plan, 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.
(l) Requirement for Southwest Border Counternarcotics Strategy.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, and every two years thereafter, the
Director of National Drug Control Policy shall submit to the
Congress a Southwest Border Counternarcotics Strategy.
(2) Purposes.--The Southwest Border Counternarcotics Strategy
shall--
(A) set forth the Government's strategy for
preventing the illegal trafficking of drugs across the
international border between the United States and
Mexico, including through ports of entry and between
ports of entry on that border;
(B) state the specific roles and responsibilities of
the relevant National Drug Control Program agencies (as
defined in section 702 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C.
1701)) for implementing that strategy; and
(C) identify the specific resources required to
enable the relevant National Drug Control Program
agencies to implement that strategy.
(3) Consultation with other agencies.--The Director shall
issue the Southwest Border Counternarcotics Strategy in
consultation with the heads of the relevant National Drug
Control Program agencies.
(4) Limitation.--The Southwest Border Counternarcotics
Strategy shall not change existing agency authorities or the
laws governing interagency relationships, but may include
recommendations about changes to such authorities or laws.
(5) Report to congress.--The Director shall provide a copy of
the Southwest Border Counternarcotics Strategy to the
appropriate congressional committees (as defined in section 702
of the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1701)), and to the Committee on Armed
Services and the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Governmental Affairs and the Committee on Armed Services of the
Senate.
(6) Treatment of classified or law enforcement sensitive
information.--Any content of the Southwest Border
Counternarcotics Strategy that involves information classified
under criteria established by an Executive order, or whose
public disclosure, as determined by the Director or the head of
any relevant National Drug Control Program agency, would be
detrimental to the law enforcement or national security
activities of any Federal, State, or local agency, shall be
presented to Congress separately from the rest of the strategy.
(m) Requirement for Scientific Study of Mycoherbicide in Illicit Drug
Crop Eradication.--Not later than 90 days after the date of enactment
of this Act, the Director of the Office of National Drug Control Policy
shall submit to the Congress a report that includes a plan to conduct,
on an expedited basis, a scientific study of the use of mycoherbicide
as a means of illicit drug crop elimination by an appropriate
Government scientific research entity, including a complete and
thorough scientific peer review. The study shall include an evaluation
of the likely human health and environmental impacts of such use. The
report shall also include a plan to conduct controlled scientific
testing in a major drug producing nation of mycoherbicide naturally
existing in the producing nation.
SEC. 7. AMENDMENTS RELATING TO COORDINATION WITH OTHER AGENCIES.
Section 705 (21 U.S.C. 1704) is amended--
(1) in subsection (a)(1)(A), by striking ``abuse'';
(2) in subsection (a)(2)(A), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence'';
(3) in subsection (a)(2)(B), by striking ``Director of
Central Intelligence'' and inserting ``Director of National
Intelligence and the Director of the Central Intelligence
Agency'';
(4) by amending paragraph (3) of subsection (a) to read as
follows:
``(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.'';
(5) in subsection (b)(2)(B), by striking ``Program.'' and
inserting ``Strategy.''; and
(6) in subsection (c), by striking ``in'' and inserting
``on''.
SEC. 8. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF
NATIONAL DRUG CONTROL STRATEGY.
Section 706 (21 U.S.C. 1705) is amended to read as follows:
``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. 9. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
Section 707 (21 U.S.C. 1706) is amended to read as follows:
``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 programs, and shall ensure that not more
than five percent of the Federal funds appropriated for the Program are
expended for the establishment of drug 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) Coordination of Intelligence Sharing With Organized Crime Drug
Enforcement Task Force Program.--The Director, in consultation with the
Attorney General, shall ensure that any drug enforcement intelligence
obtained by the Intelligence Support Center for each high intensity
drug trafficking area is shared, on a timely basis, with the drug
intelligence fusion center operated by the Organized Crime Drug
Enforcement Task Force of the Department of Justice.
``(o) Use of Funds to Combat Methamphetamine Trafficking.--
``(1) In general.--
``(A) Requirement.--The Director shall ensure that,
of the amounts appropriated for a fiscal year for the
Program, at least $15,000,000 is allocated to combat
the trafficking of methamphetamine in areas designated
by the Director as high intensity drug trafficking
areas.
``(B) Activities.--In meeting the requirement in
subparagraph (A), the Director shall transfer funds to
appropriate Federal, State, and local governmental
agencies for employing additional Federal law
enforcement personnel, or facilitating the employment
of additional State and local law enforcement
personnel, including agents, investigators,
prosecutors, laboratory technicians, chemists,
investigative assistants, and drug prevention
specialists.
``(2) Apportionment of funds.--
``(A) Factors in apportionment.--The Director shall
apportion amounts allocated under paragraph (1) among
areas designated by the Director as high intensity drug
trafficking areas based on the following factors:
``(i) The number of methamphetamine
manufacturing facilities discovered by Federal,
State, or local law enforcement officials in
the area during the previous fiscal year.
``(ii) The number of methamphetamine
prosecutions in Federal, State, or local courts
in the area during the previous fiscal year.
``(iii) The number of methamphetamine arrests
by Federal, State, or local law enforcement
officials in the area during the previous
fiscal year.
``(iv) The amounts of methamphetamine or
listed chemicals (as that term is defined in
section 102(33) of the Controlled Substances
Act (21 U.S.C. 802(33)) seized by Federal,
State, or local law enforcement officials in
the area during the previous fiscal year.
``(v) Intelligence and predictive data from
the Drug Enforcement Administration showing
patterns and trends in abuse, trafficking, and
transportation in methamphetamine and listed
chemicals (as that term is so defined).
``(B) Certification.--Before the Director apportions
any funds under this paragraph to a high intensity drug
trafficking area, the Director shall certify that the
law enforcement entities responsible for clandestine
methamphetamine laboratory seizures in that area are
providing laboratory seizure data to the national
clandestine laboratory database at the El Paso
Intelligence Center.
``(p) 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 2007;
``(2) $290,000,000 for each of fiscal years 2008 and 2009;
and
``(3) $300,000,000 for each of fiscal years 2010 and 2011.''.
SEC. 10. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.
(a) Short Title.--This section may be cited as the ``Dawson Family
Community Protection Act''.
(b) Findings.--Congress finds the following:
(1) In the early morning hours of October 16, 2002, the home
of Carnell and Angela Dawson was firebombed in apparent
retaliation for Mrs. Dawson's notification of police about
persistent drug distribution activity in their East Baltimore
City neighborhood.
(2) The arson claimed the lives of Mr. and Mrs. Dawson and
their 5 young children, aged 9 to 14.
(3) The horrific murder of the Dawson family is a stark
example of domestic narco-terrorism.
(4) In all phases of counter-narcotics law enforcement--from
prevention to investigation to prosecution to reentry--the
voluntary cooperation of ordinary citizens is a critical
component.
(5) Voluntary cooperation is difficult for law enforcement
officials to obtain when citizens feel that cooperation carries
the risk of violent retaliation by illegal drug trafficking
organizations and their affiliates.
(6) Public confidence that law enforcement is doing all it
can to make communities safe is a prerequisite for voluntary
cooperation among people who may be subject to intimidation or
reprisal (or both).
(7) Witness protection programs are insufficient on their own
to provide security because many individuals and families who
strive every day to make distressed neighborhoods livable for
their children, other relatives, and neighbors will resist or
refuse offers of relocation by local, State, and Federal
prosecutorial agencies and because, moreover, the continued
presence of strong individuals and families is critical to
preserving and strengthening the social fabric in such
communities.
(8) Where (as in certain sections of Baltimore City)
interstate trafficking of illegal drugs has severe ancillary
local consequences within areas designated as high intensity
drug trafficking areas, it is important that supplementary High
Intensity Drug Trafficking Areas Program funds be committed to
support initiatives aimed at making the affected communities
safe for the residents of those communities and encouraging
their cooperation with local, State, and Federal law
enforcement efforts to combat illegal drug trafficking.
(c) Funding for Certain High Intensity Drug Trafficking Areas.--
Section 707 (21 U.S.C. 1706), as amended by section 9, is further
amended by adding at the end the following new subsection:
``(q) Specific Purposes.--
``(1) In general.--The Director shall ensure that, of the
amounts appropriated for a fiscal year for the Program, at
least $7,000,000 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. 11. AMENDMENTS RELATING TO COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER.
(a) Chief Scientist.--Section 708(b) (21 U.S.C. 1707(b)) is amended--
(1) in the heading by striking ``Director of Technology.--''
and inserting ``Chief Scientist.--''; and
(2) by striking ``Director of Technology,'' and inserting
``Chief Scientist,''.
(b) Additional Responsibilities of Director.--Section 708(c) (21
U.S.C. 1707(c)) is amended to read as follows:
``(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.''.
(c) Assistance From Secretary of Homeland Security.--Section 708(d)
(21 U.S.C. 1707(d)) is amended by inserting ``, the Secretary of
Homeland Security,'' after ``The Secretary of Defense''.
SEC. 12. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.
(a) In General.--Section 709 (21 U.S.C. 1708) is amended to read as
follows:
``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 2007 and 2008 and $210,000,000 for each of fiscal
years 2009 through 2011.''.
(b) Repeal of Superseded Provisions.--The Drug-Free Media Campaign
Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.
SEC. 13. DRUG INTERDICTION.
(a) In General.--Subsections (a) and (b) of section 711 (21 U.S.C.
1710) are amended to read as follows:
``(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.''.
(b) Conforming Amendment to Homeland Security Act of 2002.--Section
878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended--
(1) in subsection (c), by striking ``Except as provided in
subsection (d), the'' and inserting ``The''; and
(2) by striking subsection (d) and redesignating subsections
(e), (f), and (g) as subsections (d), (e), and (f),
respectively.
SEC. 14. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
SHUT DOWN ILLICIT DRUG MARKET HOT-SPOTS BY
DETERRING DRUG DEALERS OR ALTERING THE DYNAMIC OF
DRUG SALES.
Sections 713 and 714 (21 U.S.C. 1711) are redesignated as sections
715 and 716, respectively, and after section 712 (21 U.S.C. 1710)
insert the following new section:
``SEC. 713. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
SHUT DOWN ILLICIT DRUG MARKET HOT-SPOTS BY
DETERRING DRUG DEALERS OR ALTERING THE DYNAMIC OF
DRUG SALES.
``(a) Awards Required.--The Director shall make competitive awards
for demonstration programs by eligible partnerships for the purpose of
shutting down local illicit drug market hot-spots and reducing drug-
related crime through evidence-based, strategic problem-solving
interventions that deter drug dealers or alter the dynamic of drug
sales.
``(b) Use of Award Amounts.--Award amounts received under this
section shall be used--
``(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership;
``(2) to develop and field a directed and credible deterrent
threat; and
``(3) to strengthen rehabilitation efforts through such means
as job training, drug treatment, or other services.
``(c) Eligible Partnership Defined.--In this section, the term
`eligible partnership' means a working group whose application to the
Director--
``(1) identifies the roles played, and certifies the
involvement of, three or more agencies or organizations, which
may include--
``(A) State or local agencies (such as those carrying
out police, probation, prosecution, courts,
corrections, parole, or treatment functions);
``(B) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and United States Attorney offices); and
``(C) community-based organizations;
``(2) includes a qualified researcher;
``(3) includes a plan for identifying the impact players in,
and assessing the nature and dynamic of, the local drug market
and its related crime through information gathering and
analysis;
``(4) includes a plan for developing an evidence-based
strategic intervention aimed at quickly and sustainably
eradicating the local drug market by deterring drug dealers or
altering the dynamic of drug sales; and
``(5) includes a plan that describes the methodology and
outcome measures proposed for evaluating the impact of that
strategic intervention on drug sales, neighborhood disorder,
and crime.
``(d) Reports to Congress.--
``(1) Interim report.--Not later than June 1, 2009, the
Director shall submit to Congress a report that identifies the
best practices in drug market eradication, including the best
practices identified through the activities funded under this
section.
``(2) Final report.--Not later than June 1, 2010, the
Director shall submit to Congress a report on the demonstration
programs funded under this section, including on the matters
specified in paragraph (1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2009.''.
SEC. 15. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
COERCE ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER
COMMUNITY SUPERVISION THROUGH THE USE OF DRUG
TESTING AND SANCTIONS.
After section 713, as inserted by section 14 of this Act, insert the
following new section:
``SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
COERCE ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER
COMMUNITY SUPERVISION THROUGH THE USE OF DRUG
TESTING AND SANCTIONS.
``(a) Awards Required.--The Director shall make competitive awards to
fund demonstration programs by eligible partnerships for the purpose of
reducing the use of illicit drugs by chronic hard-drug users living in
the community while under the supervision of the criminal justice
system.
``(b) Use of Award Amounts.--Award amounts received under this
section shall be used--
``(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership;
``(2) to develop and field a drug testing and graduated
sanctions program for chronic hard-drug users living in the
community under criminal justice supervision; and
``(3) to assist individuals described in subsection (a) by
strengthening rehabilitation efforts through such means as job
training, drug treatment, or other services.
``(c) Eligible Partnership Defined.--In this section, the term
`eligible partnership' means a working group whose application to the
Director--
``(1) identifies the roles played, and certifies the
involvement of, two or more agencies or organizations, which
may include--
``(A) State or local agencies (such as those carrying
out police, probation, prosecution, courts,
corrections, parole, or treatment functions);
``(B) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and United States Attorney offices); and
``(C) community-based organizations;
``(2) includes a qualified researcher;
``(3) includes a plan for using judicial or other criminal
justice authority to administer drug tests to individuals
described in subsection (a) at least twice a week, and to
swiftly and certainly impose a known set of graduated sanctions
for non-compliance with community-release provisions relating
to drug abstinence (whether imposed as a pre-trial, probation,
or parole condition or otherwise);
``(4) includes a strategy for responding to a range of
substance use and abuse problems and a range of criminal
histories;
``(5) includes a plan for integrating data infrastructure
among the agencies and organizations included in the eligible
partnership to enable seamless, real-time tracking of
individuals described in subsection (a);
``(6) includes a plan to monitor and measure the progress
toward reducing the percentage of the population of individuals
described in subsection (a) who, upon being summoned for a drug
test, either fail to show up or who test positive for drugs.
``(d) Reports to Congress.--
``(1) Interim report.--Not later than June 1, 2009, the
Director shall submit to Congress a report that identifies the
best practices in reducing the use of illicit drugs by chronic
hard-drug users, including the best practices identified
through the activities funded under this section.
``(2) Final report.--Not later than June 1, 2010, the
Director shall submit to Congress a report on the demonstration
programs funded under this section, including on the matters
specified in paragraph (1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2007 through 2009.''.
SEC. 16. AUTHORIZATION OF APPROPRIATIONS.
Section 716 (21 U.S.C. 1711), as redesignated by section 14 of this
Act, is amended--
(1) by striking ``title,'' and inserting ``title, except
activities for which amounts are otherwise specifically
authorized by this title,''; and
(2) by striking ``1999 through 2003'' and inserting ``2007
through 2011''.
SEC. 17. TECHNICAL AMENDMENTS AND REPEAL.
(a) Amendment to Public Health Service Act to Replace Obsolete
References.--Section 464P(c) of the Public Health Service Act (42
U.S.C. 285o-4(c)) is amended--
(1) in paragraph (1), by striking ``under section 1002 of the
Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501)'' and inserting
``under section 703 of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1702)''; and
(2) in paragraph (2), by striking ``under section 1005 of the
Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504)'' and inserting
``under section 706 of the Office of National Drug Control
Policy Reauthorization Act of 1998 (21 U.S.C. 1705)''.
(b) Repeal of Special Forfeiture Fund.--Section 6073 of the Asset
Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is repealed.
SEC. 18. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL
FEDERAL ADVERTISING OR OTHER COMMUNICATION
MATERIALS.
Section 712 is amended to read as follows:
``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. 19. POLICY RELATING TO SYRINGE EXCHANGE PROGRAMS.
Section 703(a) (21 U.S.C. 1702(a)) is amended by adding at the end
the following:
``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.''.
Purpose and Summary
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 Fiscal Year (FY) 2010. It also renews congressional
authorization for national programs administered by ONDCP,
including the National Youth Anti-Drug Media Campaign and the
High Intensity Drug Trafficking Areas (HIDTA) program. The
office was originally created in 1988 and serves as the
President's principal advisor with respect to drug control
policy development and program oversight. ONDCP's current
statutory mission is to guide the Nation's efforts to both
reduce the use, manufacturing, and trafficking of illicit
drugs, and to reduce the associated crime, violence, and health
consequences of illegal drug use.
H.R. 2829 was referred to the House Committees on
Government Reform, Intelligence, Energy and Commerce, and the
Judiciary on June 9th, 2005. This legislation was reported as
amended by the Committee on Government Reform on November 18th,
2005 (H.R. Rept. No. 109-315, Part I). The Committees on the
Judiciary, Intelligence, and Energy and Commerce received
extensions on the referral to March 3rd, 2006.
Background and Need for the Legislation
Since Congress established ONDCP in 1988, the office has
been the cornerstone of Federal drug policy in the United
States, improving the lives of all Americans by reducing the
impact of drugs and the consequences of their abuse in our
society and communities. The ONDCP Director advises the
President on national and international drug control policies
and strategies, formulates the National Drug Control Strategy,
reviews and certifies the budgets of National Drug Control
Program Agencies, and works to ensure the effective
coordination of drug programs by the National Drug Control
Program agencies.
The last authorization for the Office of National Drug
Control Policy (ONDCP) expired on September 30, 2003. ONDCP's
statutory mission is to guide the Nation's efforts to reduce
the use, manufacturing, and trafficking of illicit drugs, and
to reduce the associated crime, violence, and health
consequences of illegal drug use. Its Director serves as the
principal advisor to the President on drug control policy
development and program oversight. Congress established ONDCP
through the Anti-Drug Abuse Act of 1988, and reauthorized it in
1993 and 1998. During the 108th Congress, the Committee
approved, and the House subsequently passed, a reauthorization
bill (H.R. 2086) in 2003. However, the Senate did not act on
this legislation. Despite the lack of statutory authorization,
Congress has continued to appropriate funds for ONDCP and its
programs.
The Director reviews the annual budget requests for each
Federal department and agency charged with implementing a
Federal drug control program and is empowered to require
funding levels and initiatives the Director believes are
sufficient to accomplish those goals. Additionally, the
National Drug Control Strategy is submitted to Congress
annually to coordinate the Nation's anti-drug efforts and
establish programs, budgets, and guidelines for cooperation
among Federal, State, and local entities. This document
contains a number of mandated statistics and assessments
related to drug policy and serves as a strategic review of
Federal programs by evaluating their coordination and
effectiveness.
ONDCP also administers approximately $500 million in
programs, including: the High Intensity Drug Trafficking Areas
(HIDTA) program, which provides assistance for State and local
law enforcement to coordinate with Federal agencies to assist
in the prevention of drug trafficking in critical areas of the
country that have an impact on the national drug market; the
National Youth Anti-Drug Media Campaign, which supports the
airing of anti-drug television and print ads; the Drug-Free
Communities grant program; and the Counter Drug Technology
Assessment Center (CTAC).
To assist in these responsibilities at a senior level,
ONDCP also authorizes a Deputy Director of National Drug
Control Policy and Deputy Directors for Demand Reduction,
Supply Reduction, and State and Local Affairs, all of whom are
appointed by the President with the advice and consent of the
Senate. ONDCP has a total staff of approximately 110 employees
and an overall budget of approximately $520 million.
Hearings
The House Committee on the Judiciary held no hearings on
H.R. 2829.
Committee Consideration
On June 9, 2005, the House Committee on the Judiciary
received a referral of H.R. 2829. On March 2, 2006, the
Committee met in open session and ordered favorably reported
the bill H.R. 2829, as amended, by voice vote, a quorum being
present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the Committee consideration of
H.R. 2829.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2859, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974.
March 3, 2006.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary
U.S. House of Representatives, Washington, DC 20515
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, who can be reached at 226-2860.
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 2011. Major programs
administered by ONDCP 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 $3
billion over the 2007-2011 period. Of this total, about $2.2
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 \1\...................... 479 0 0 0 0 0
Estimated Outlays......................... 484 196 36 11 0 0
Proposed Changes:
High-Intensity Drug Trafficking Areas
Authorization Level................... 0 280 290 290 300 300
Estimated Outlays..................... 0 70 241 275 292 299
National Youth Anti-Drug Media Campaign
Authorization Level................... 0 195 195 210 210 210
Estimated Outlays..................... 0 176 195 209 210 210
Demonstration Programs
Authorization Level................... 0 20 20 20 0 0
Estimated Outlays..................... 0 18 20 20 2 0
Other Federal Drug Control Programs
Estimated Authorization Level......... 0 97 98 100 102 104
Estimated Outlays..................... 0 81 94 98 100 101
Counterdrug Technology Assessment Center
Estimated Authorization Level......... 0 31 31 32 32 33
Estimated Outlays..................... 0 29 31 32 32 33
Office of National Drug Control Policy
Estimated Authorization Level......... 0 28 29 30 30 31
Estimated Outlays..................... 0 24 28 30 30 31
Other Provisions
Estimated Authorization Level......... 0 7 7 7 7 7
Estimated Outlays..................... 0 6 7 7 7 7
Total Proposed Changes
Estimated Authorization Level..... 0 657 670 689 681 685
Estimated Outlays................. 0 403 615 669 672 680
Total Spending Under H.R. 2829 for ONDCP
Estimated Authorization Level \1\......... 479 657 670 689 681 685
Estimated Outlays......................... 484 599 651 680 672 680
----------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding.
\1\ The 2006 level is the amount appropriated for that year for programs administered by the Office of National
Drug Control Policy.
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 2011. 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, would result in
outlays of $403 million in 2007 and about $3 billion over the
2007-2011 period.
High-Intensity Drug Trafficking Areas. Section 9 would
authorize the appropriation of $280 million in fiscal year
2007, $290 million for 2008 and 2009, 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 $70 million in fiscal
year 2007 and $1.2 billion over the 2007-2011 period.
National Youth Anti-Drug Media Campaign. Section 12 would
authorize the appropriation of $195 million in fiscal years
2007 and 2008 and $210 million a year for the 2009-2011 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 appropriation of the specified amounts, CBO estimates
that implementing this provision would cost $176 million in
2007 and about $1 billion over the 2007-2011 period.
Demonstration Programs. Sections 14 and 15 would authorize
the appropriation of $20 million annually over the 2007-2009
period to fund two demonstration projects ($10 million per
program). The demonstration projects would work to reduce drug
abuse in the criminal justice system and deter illegal drug
markets. Assuming appropriation of the specified amounts, CBO
estimates that implementing these provisions would cost $18
million in 2007 and $60 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 2011. Those include the Drug-Free
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 $81 million in 2007 and about $475 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
$157 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
those activities would cost $24 million in 2007 and $141
million over the 2007-2011 period. This estimate is based on
historical spending patterns and assumes that the appropriation
for 2006 is adjusted for anticipated inflation.
Other Provisions. Section 6 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 13 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 costs incurred by state, local, or tribal
entities would result from participating in a voluntary federal
program.
Previous CBO estimates: On March 2, 2006, CBO transmitted a
cost estimate for H.R. 2829, as ordered reported by the House
Committee on Energy and Commerce on February 16, 2006. 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 versions of
H.R. 2829 and H.R. 2565 would reauthorize ONDCP and programs
administered through that office. However, each version of
legislation would authorize varying amounts for various
activities over different time periods. CBO's cost estimates
for those bills reflect those differences.
The version of H.R. 2879 that was ordered reported by the
House Committee on Government Reform contains two
intergovernmental mandates as defined in UMRA not contained in
the Judiciary Committee's version: a preemption of state
privacy laws and new authority for the Director of ONDCP to
regulate public institutions of higher education. The mandates
statements in CBO's estimates reflect this difference. CBO
found no intergovernmental mandates in either the Energy and
Commerce version or the Judiciary Committee version of H.R.
2829.
The version of H.R. 2829 approved by the House Committee on
Government Reform on June 16, 2005, also contains private-
sector mandates regarding steroid use in title II. The
Judiciary version and the Energy and Commerce version do not
include those mandates.
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.
Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of the report.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in art. I, Sec. 8 of the Constitution.
Section-by-Section Analysis and Discussion
The following discussion describes the bill as reported by
the Committee on the Judiciary.
Section 1. Short title
This section designates the short title of the bill as the
``Office of National Drug Control Policy Reauthorization Act of
2005.''
Section 2. Amendment of Office of National Drug Control Policy
Reauthorization Act of 1998
This section notes that the legislation amends and repeals
in part the Office of National Drug Control Policy
Reauthorization Act of 1998 (the 1998 Act).
Section 3. Repeal of termination provision
This section reauthorizes ONDCP and its programs by
repealing the 1998 Act's sunset provision. The bill still
limits authorized appropriations to five more fiscal years,
from 2006 through 2010 in section 114.
Section 4. Amendments to definitions
This section clarifies the definition of various terms
related to drug control defined in the Act, which also affect
the responsibilities of certain Deputy Directors within the
Office. The definition of ``demand reduction'' activities is
amended to include drug testing of employees, interventions to
stop drug addiction, and international efforts to achieve basic
demand reduction policies (such as treatment and prevention).
The existing definition of the ``National Drug Control
Program'' is clarified to ensure that it includes all Federal
activities involving supply reduction, demand reduction, or
State and local affairs (as those terms are defined in 21
U.S.C. Sec. 1701). Such activities are defined as part of the
National Drug Control Program, even if some of them are not
exclusively dedicated to drug control.
The definition of ``State and local affairs'' is amended to
include both domestic drug enforcement and intelligence. This
section also classifies facilitating Federal, State, and local
cooperation as ``State and local affairs,'' and adds the task
of facilitating drug intelligence sharing among the different
levels of government. The definition of ``supply reduction'' is
amended to include law enforcement activities outside the
United States, as well as other programs in drug source
countries (including alternative development programs, such as
those administered by the U.S. Agency for International
Development (USAID) in Colombia, primarily intended to reduce
the production and trafficking of illegal drugs). This section
also defines intelligence sharing among only Federal or foreign
agencies (as opposed to sharing involving State or local
agencies), as a supply reduction function.
Two new definitions are added, one listing the
Congressional committees that are the primary recipients of
information from the Office, and another defining ``law
enforcement'' related to drug control. The latter definition
clarifies that drug law enforcement includes not simply
investigation and arrest, but prosecution and incarceration or
other punishment of drug offenders.
Subsection (b) makes several conforming amendments to the
statutory responsibilities of the Deputy Directors, to reflect
the clarified definitions of supply reduction, demand
reduction, and State and local affairs. The subsection also
confirms the existing responsibility of the Deputy Director for
State and Local Affairs for the High Intensity Drug Trafficking
Areas (HIDTA) and Counterdrug Technology Assessment Center
(CTAC) programs.
Section 5. Amendments relating to establishment of Office of National
Drug Control Policy and designation of officers
Section 105 makes specific changes to the appointment and
responsibilities of the Director of ONDCP and his subordinate
officers. Subsection (a) clarifies the current responsibility
of the Director to evaluate the effectiveness of national drug
control programs, to include the requirement that the Director
use specific goals and performance measures. Subsection (b)
provides that the Director shall have the same ``rank and
status'' as the heads of the executive departments already
defined by statute. Subsection (c) provides that the Deputy
Director for Supply Reduction shall have substantial experience
in drug interdiction operations.
Section 6. Amendments related to appointment and duties of Director and
Deputy Director
Section 106 makes amendments to the specific duties of the
Director and Deputy Director of National Drug Control Policy.
These changes apply to budget and drug certification processes
along with other duties of the Director and Deputy Director.
Existing law is amended to provide that any ``officer or
employee'' may serve as the Director in the absence of the
Director. The change clarifies that politically appointed
officers may serve as the Acting Director. Additionally, the
term ``Federal departments and agencies engaged in drug
enforcement'' is changed to ``national drug control program
agencies'' to conform to the term already defined in the
statute.
Outlined in this section are the duties of the Director
pertaining to budget certification processes. The Director is
prohibited from certifying the adequacy of any drug control
program budget request that (1) fails to adequately compensate
for transfers of drug enforcement resources to non-drug related
activities; (2) requests funding for border activities that do
not adequatelyaddress drug interdiction; (3) requests funding
for drug treatment activities that do not provide result and
accountability measures; (4) requests funding for drug treatment
activities that do not adequately support and enhance Federal drug
treatment programs and capacity; (5) requests funding for Department of
Education drug control programs that do not follow reporting
requirements concerning expedited consideration of student loan
applications from improperly denied students; or (6) requests funding
for management and operations of the Department of Homeland Security
without including a specific request for funding for that Department's
Office of Counternarcotics Enforcement.
The bill adds requirements for authorizing committees for
the Office to receive notification whenever the Director
exercises certain authorities with respect to Federal drug
control budgets and funding. Additionally, the Director's
authority to issue Fund Control Notices is clarified to extend
to all drug control program agencies. The Director's authority
to participate in the annual drug certification process is
clarified to include the recently amended certification
process. In addition, the Director is required to submit a
report to the President each year providing an assessment of
whether major drug transit or production countries are fully
cooperating with the United States, and whether certain
procedures provided for in the amended law with respect to
countries not fully cooperating should be applied. The Director
is also required to transmit the report to the Secretary of
State and the authorizing committees for the Office. The
Director's responsibilities are expanded to include new duties
relating to treatment research, and coordination of efforts to
assist State and local efforts against drug trafficking. This
section adds a new requirement to the drug budget process that
any drug budget request made by an agency include all drug
control activities of that agency, including demand reduction,
supply reduction, and State and local affairs. At present, the
drug budget process excludes a number of significant drug
control activities. This section also requires ONDCP, within 90
days of enactment, to submit to Congress two separate,
comprehensive strategies to address the threat of heroin from
South America (in particular Colombia and Peru), and
Afghanistan. The Director is also required to submit, with the
concurrence of the Director of National Intelligence, a new
General Counterdrug Intelligence Plan to improve coordination,
and eliminate unnecessary duplication, among the counterdrug
intelligence centers, information sharing systems, and other
counterdrug activities of the Federal government. The Plan is
due within 120 days of enactment, and new Plans must be
submitted every two years thereafter.
The Director is also required to submit, within 120 days of
enactment, a comprehensive strategy to address narcotics
trafficking at the Southwest Border between the United States
and Mexico. Finally, this section requires ONDCP to submit,
within 90 days of enactment, a report that includes a plan to
conduct, on an expedited basis, a scientific study of the use
of mycoherbicide as a means of illicit drug crop elimination by
an appropriate government scientific research entity, including
a complete and thorough scientific peer review. The study shall
include an evaluation of the likely human health and
environmental impacts of such use. The report shall also
include a plan to conduct controlled scientific testing in a
major drug producing nation of mycoherbicide.
Section 7. Amendments relating to coordination with other agencies
This section makes technical corrections to the existing
law, that reflect the creation of the position of Director of
National Intelligence in 2004. This section also mandates a
number of reports from Federal departments on drug control
issues to the Director and authorizing committees for the
Office.
Section 8. Development, submission, implementation, and assessment of
National Drug Control Strategy
This section revises the process and content for the
National Drug Control Strategy. The Director is required to
submit an annual Strategy report, which shall include
significant information about the nature and impact of drug
trafficking and abuse in the United States.
Section 9. High Intensity Drug Trafficking Areas Program
This section addresses the High Intensity Drug Trafficking
Areas (HIDTA) program, adding several new provisions to the
existing statutory authorization for the program, which
contains limited guidance.
The Secretary of Homeland Security is added as an official
the Director is required to consult before designating a HIDTA.
The bill includes a statement of purposes for the program, as
well as revised criteria for designating HIDTAs. ONDCP is
directed to establish, by regulation, procedures for areas to
seek designation as a HIDTA. The bill also sets forth the basic
guidelines for the executive committees that govern an
individual HIDTA.
ONDCP is also directed to submit, as part of each annual
budget proposal to Congress, a spending plan that indicates the
specific amount proposed to be spent on each HIDTA. The bill
restates current law regarding the Director's authority to
reassign Federal personnel to HIDTAs and otherwise increase
Federal assistance. The Director is prohibited from expending
funds to create or expand drug prevention or drug treatment
programs in any HIDTA, but would be free to continue funding
existing programs if necessary. The Director is authorized to
permit HIDTA assistance to investigations related to terrorism,
but is required to ensure that such assistance remains
incidental and that significant resources of the program are
not redirected to activities exclusively related to terrorism.
A representative of the Drug Enforcement Administration must be
included in the Intelligence Support Center of each HIDTA. The
HIDTA program is authorized at $280 million in fiscal year
2006, $290 million in fiscal years 2007 and 2008, and
$300,000,000 in fiscal years 2009 and 2010.
Section 10. Funding for certain High Intensity Drug Trafficking Areas
This section may be referred to as the ``Dawson Family
Community Protection Act.'' It includes findings expressing the
sense of Congress regarding the firebombing of the Dawson
family home in October 2002, the need for cooperation of
citizens in law enforcement, and the need for initiatives aimed
at improving community safety and encouraging cooperation to
counter illegal drug traffic. The Director is directed to
ensure that at least $5 million in HIDTA funding is used in
areas with severe neighborhood safety and illegal drug
distribution problems toensure neighborhood safety and combat
illegal drug trafficking.
Section 11. Amendments relating to Counter-Drug Technology Assessment
Center
Section 111 contains provisions relating to the Counterdrug
Technology Assessment Center (CTAC). The title of ``Director of
Technology'' within ONDCP is changed to ``Chief Scientist.''
Explicit authority is added for the Chief Scientist to oversee
and coordinate a technology transfer program to State and local
law enforcement. The Chief Scientist is also required to give
general priority for such grants based on need and potential
impact on drug trafficking; a specific priority is also
required for technologies most likely to assist in drug
interdiction and border enforcement to agencies in southwest
border areas and northern border areas with significant traffic
in illegal drugs. The Substance Abuse and Mental Health
Administration is included in the list of agencies to be
consulted with respect to technology research related to drug
treatment.
Section 12. National youth antidrug media campaign
Section 112 restates some of the existing law authorizing
the Media Campaign, and makes some amendments. The primary
purposes of the Campaign are restated and clarified.
Authorization to use funds for creative and talent costs is
narrowed so that the Director will use donated creative
services wherever possible and may only use funds for creative
services for advertising responding to high-priority or
emergent campaign needs that cannot timely be obtained at no
cost, or intended to reach a minority, ethnic or other special
audience that cannot be obtained at no cost. Funding for
creative services is limited to $1.5 million per fiscal year,
unless the Director demonstrates and the Appropriations
Committees approve increased funding for urgent needs, which
may not exceed $2 million.
The Director is required to test all advertisements to
ensure they are effective and meet industry-accepted standards.
The requirement can be waived for advertisements making up less
than 10 percent of the airtime and print space of the Campaign.
The Director is also required to designate an independent
entity to evaluate the effectiveness of the Campaign using
certain specified data. This independent entity is also
required to ensure the effectiveness of the Media Campaign is
evaluated in a manner that enables consideration of whether the
Media Campaign has contributed to reduction of illicit drug use
by youth and such other measures of evaluation as the Director
determines are appropriate.
The bill requires that 77 percent of the amounts
appropriated for the Media Campaign must be used for the
purchase of advertising time and space. The limit changes to 82
percent when less than $125 million is appropriated for the
program, and 72 percent when more than $195 million is
appropriated for the program. The bill prohibits funding for
advertising not containing a primary message intended to
prevent illicit drug use or intended to promote support for the
Media Campaign or private sector contributions to the Media
Campaign. In addition to the existing prohibition on
expenditure of campaign funds for partisan political activity,
the bill prohibits express advocacy in support of or to defeat
any clearly identified candidate, clearly identified ballot
initiative, or clearly identified legislative or regulatory
proposal. The appearance of certain elected and politically
appointed officials in Media Campaign advertising is also
prohibited.
The Director is required to ensure that 70 percent of no-
cost match advertising directly relates to substance abuse
prevention consistent with the specific purposes of the Media
Campaign. The limit changes to 85 percent in any fiscal year in
which less than $125 million is appropriated to the Media
Campaign. In addition, the Director is required to ensure that
no-cost match advertising that does not directly relate to
substance abuse prevention include a clear anti-drug message,
which is not required to be the primary message of the match
advertising.
The bill provides that the Partnership for a Drug-Free
America shall serve as the primary outside strategic advisor to
the campaign and be responsible for coordinating donations of
creative and other services to the campaign, except those
funded under authorities provided elsewhere in the bill. The
Director shall inform the Partnership of the strategic goals of
the campaign and consider advice from the Partnership on
campaign strategy. The bill also restates provision of current
law requiring certain information on local treatment resources
to be included in Media Campaign advertising where feasible.
Congress makes several findings regarding marijuana use by
America's youth. The Director is authorized to emphasize
prevention of youth marijuana use in advertising and activities
otherwise authorized in this section.
The bill requires an annual report to Congress on the
performance of the Media Campaign. The Media Campaign is
authorized at $195 million in Fiscal Years 2006 and 2007, and
at $210 million in Fiscal Years 2008 through 2010.
Section 13. Drug interdiction
This section replaces the previously existing law with new
provisions that establish and define the functions and role of
the United States Interdiction Coordinator (USIC) and the
Interdiction Committee (TIC). The Deputy Director for Supply
Reduction of the Office serves as the USIC, and is responsible
for: (1) coordinating the interdiction activities of the
National Drug Control Program agencies to ensure consistency
with the National Drug Control Strategy; (2) issuing the annual
National Interdiction Command and Control Plan (NICCP); (3)
assessing the sufficiency of assets committed to illicit drug
interdiction by the relevant National Drug Control Program
agencies; and (4) advising the Director on the efforts of each
National Drug Control Program agency to implement the NICCP.
The NICCP is required to: (1) set forth the government's
strategy for drug interdiction; (2) state the specific roles
and responsibilities of the relevant National Drug Control
Program agencies for implementing that strategy; and (3)
identify the specific resources required to enable the relevant
National Drug Control Program agencies to implement that
strategy.
This section also authorizes the TIC, which is to meet to:
(1) 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; (2) review the annualNICCP, and provide
advice to the Director and the USIC concerning that plan; and (3)
provide such other advice to the Director concerning drug interdiction
strategy and policies as the committee determines is appropriate. The
TIC is required to meet in person at least once per year, with
additional meetings subject to the call of the Director or the chairman
of the TIC.
The section includes a conforming amendment that modifies
the Homeland Security Act of 2002 (6 U.S.C. 458), to delete the
reference to the USIC position from the description of the
position of Director of Counternarcotics Enforcement at the
Department of Homeland Security.
Section 14. Awards for demonstration programs by local partnerships to
shut down illicit drug market hot-spots by deterring drug
dealers or altering the dynamic of drug sales.
Section 114 would authorize funding for demonstration
programs that fund interagency collaborations with
representatives from criminal justice, research, social service
and community-based agencies. The programs would analyze local
markets to develop strategic interventions that communicate a
credible threat to a concentrated group of chronic offenders
and provide rehabilitative services for the non-violent
offenders. The programs would be responsible for evaluating the
effectiveness of the strategic intervention. An example of this
approach was recently applied in High Point, NC, and the drug
market promptly collapsed with minimal police intervention or
crime displacement. Within one year of implementation, the drug
crime rate fell by 34 percent and the violent crime rate was
cut in half.
Section 15. Awards for demonstration programs by local partnerships to
coerce abstinence in chronic hard-drug users under community
supervision through the use of drug testing and sanctions
Section 115 would authorize funding for demonstration
programs that fund interagency collaborations with
representatives from criminal justice, research, treatment and
community-based agencies. The program would develop coerced
abstinence (testing and graduated sanctions) interventions that
communicate a credible deterrent threat to a concentrated group
of chronic offenders, provide rehabilitative services to these
offenders and evaluate the effectiveness of the strategic
interventions. An example of this approach is currently being
applied in Honolulu, Hawaii. Control group defendants had a
positive drug test rate of 21.9 percent and a missed
appointment rate of 10 percent, compared with program
participants who had a positive drug test rate of 3.8 percent
and a missed appointment rate of 1.3 percent.
Section 16. Authorization of appropriations
Section 114 authorizes appropriations for ONDCP activities
through fiscal year 2010. Except for activities otherwise
specified, such sums as are necessary are authorized to be
appropriated for fiscal years 2006 through 2010.
Section 17. Technical amendments and repeal
This section deletes obsolete references elsewhere in the
United States Code, and repeals the Special Forfeiture Fund.
Section 18. Requirement for disclosure of Federal sponsorship of all
Federal advertising or other communication materials
This section requires that 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.
Section 19. Policy relating to syringe exchange programs
This section further amends Section 703(a) (21 U.S.C.
Sec. 1702(a)) by adding a requirement that 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. The
Director is required, when making any policy relating to
syringe exchange programs, to consult with the National
Institutes of Health and the National Academy of Sciences.
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 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) * * *
* * * * * * *
[(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;
(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; and
(20) shall, within one year after the date of the
enactment of the Office of National Drug Control Policy
Reauthorization Act of 2005, report to Congress on the
impact of each Federal drug reduction strategy upon the
availability, addiction rate, use rate, and other harms
of illegal drugs.
(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; and
(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
* * * * * * *
(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 programs, and
shall ensure that not more than five percent of the Federal
funds appropriated for the Program are expended for the
establishment of drug 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) Coordination of Intelligence Sharing With Organized Crime
Drug Enforcement Task Force Program.--The Director, in
consultation with the Attorney General, shall ensure that any
drug enforcement intelligence obtained by the Intelligence
Support Center for each high intensity drug trafficking area is
shared, on a timely basis, with the drug intelligence fusion
center operated by the Organized Crime Drug Enforcement Task
Force of the Department of Justice.
(o) Use of Funds to Combat Methamphetamine Trafficking.--
(1) In general.--
(A) Requirement.--The Director shall ensure
that, of the amounts appropriated for a fiscal
year for the Program, at least $15,000,000 is
allocated to combat the trafficking of
methamphetamine in areas designated by the
Director as high intensity drug trafficking
areas.
(B) Activities.--In meeting the requirement
in subparagraph (A), the Director shall
transfer funds to appropriate Federal, State,
and local governmental agencies for employing
additional Federal law enforcement personnel,
or facilitating the employment of additional
State and local law enforcement personnel,
including agents, investigators, prosecutors,
laboratory technicians, chemists, investigative
assistants, and drug prevention specialists.
(2) Apportionment of funds.--
(A) Factors in apportionment.--The Director
shall apportion amounts allocated under
paragraph (1) among areas designated by the
Director as high intensity drug trafficking
areas based on the following factors:
(i) The number of methamphetamine
manufacturing facilities discovered by
Federal, State, or local law
enforcement officials in the area
during the previous fiscal year.
(ii) The number of methamphetamine
prosecutions in Federal, State, or
local courts in the area during the
previous fiscal year.
(iii) The number of methamphetamine
arrests by Federal, State, or local law
enforcement officials in the area
during the previous fiscal year.
(iv) The amounts of methamphetamine
or listed chemicals (as that term is
defined in section 102(33) of the
Controlled Substances Act (21 U.S.C.
802(33)) seized by Federal, State, or
local law enforcement officials in the
area during the previous fiscal year.
(v) Intelligence and predictive data
from the Drug Enforcement
Administration showing patterns and
trends in abuse, trafficking, and
transportation in methamphetamine and
listed chemicals (as that term is so
defined).
(B) Certification.--Before the Director
apportions any funds under this paragraph to a
high intensity drug trafficking area, the
Director shall certify that the law enforcement
entities responsible for clandestine
methamphetamine laboratory seizures in that
area are providing laboratory seizure data to
the national clandestine laboratory database at
the El Paso Intelligence Center.
(p) 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 2007;
(2) $290,000,000 for each of fiscal years 2008 and
2009; and
(3) $300,000,000 for each of fiscal years 2010 and
2011.
(q) Specific Purposes.--
(1) In general.--The Director shall ensure that, of
the amounts appropriated for a fiscal year for the
Program, at least $7,000,000 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) * * *
(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 2007 and 2008 and
$210,000,000 for each of fiscal years 2009 through 2011.
* * * * * * *
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. 713 AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
SHUT DOWN ILLICIT DRUG MARKET HOT-SPOTS BY
DETERRING DRUG DEALERS OR ALTERING THE DYNAMIC OF
DRUG SALES.
(a) Awards Required.--The Director shall make competitive
awards for demonstration programs by eligible partnerships for
the purpose of shutting down local illicit drug market hot-
spots and reducing drug-related crime through evidence-based,
strategic problem-solving interventions that deter drug dealers
or alter the dynamic of drug sales.
(b) Use of Award Amounts.--Award amounts received under this
section shall be used--
(1) to support the efforts of the agencies,
organizations, and researchers included in the eligible
partnership;
(2) to develop and field a directed and credible
deterrent threat; and
(3) to strengthen rehabilitation efforts through such
means as job training, drug treatment, or other
services.
(c) Eligible Partnership Defined.--In this section, the term
``eligible partnership'' means a working group whose
application to the Director--
(1) identifies the roles played, and certifies the
involvement of, three or more agencies or
organizations, which may include--
(A) State or local agencies (such as those
carrying out police, probation, prosecution,
courts, corrections, parole, or treatment
functions);
(B) Federal agencies (such as the Drug
Enforcement Agency, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and United
States Attorney offices); and
(C) community-based organizations;
(2) includes a qualified researcher;
(3) includes a plan for identifying the impact
players in, and assessing the nature and dynamic of,
the local drug market and its related crime through
information gathering and analysis;
(4) includes a plan for developing an evidence-based
strategic intervention aimed at quickly and sustainably
eradicating the local drug market by deterring drug
dealers or altering the dynamic of drug sales; and
(5) includes a plan that describes the methodology
and outcome measures proposed for evaluating the impact
of that strategic intervention on drug sales,
neighborhood disorder, and crime.
(d) Reports to Congress.--
(1) Interim report.--Not later than June 1, 2009, the
Director shall submit to Congress a report that
identifies the best practices in drug market
eradication, including the best practices identified
through the activities funded under this section.
(2) Final report.--Not later than June 1, 2010, the
Director shall submit to Congress a report on the
demonstration programs funded under this section,
including on the matters specified in paragraph (1).
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2007 through 2009.
SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO
COERCE ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER
COMMUNITY SUPERVISION THROUGH THE USE OF DRUG
TESTING AND SANCTIONS.
(a) Awards Required.--The Director shall make competitive
awards to fund demonstration programs by eligible partnerships
for the purpose of reducing the use of illicit drugs by chronic
hard-drug users living in the community while under the
supervision of the criminal justice system.
(b) Use of Award Amounts.--Award amounts received under this
section shall be used--
(1) to support the efforts of the agencies,
organizations, and researchers included in the eligible
partnership;
(2) to develop and field a drug testing and graduated
sanctions program for chronic hard-drug users living in
the community under criminal justice supervision; and
(3) to assist individuals described in subsection (a)
by strengthening rehabilitation efforts through such
means as job training, drug treatment, or other
services.
(c) Eligible Partnership Defined.--In this section, the term
``eligible partnership'' means a working group whose
application to the Director--
(1) identifies the roles played, and certifies the
involvement of, two or more agencies or organizations,
which may include--
(A) State or local agencies (such as those
carrying out police, probation, prosecution,
courts, corrections, parole, or treatment
functions);
(B) Federal agencies (such as the Drug
Enforcement Agency, the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, and United
States Attorney offices); and
(C) community-based organizations;
(2) includes a qualified researcher;
(3) includes a plan for using judicial or other
criminal justice authority to administer drug tests to
individuals described in subsection (a) at least twice
a week, and to swiftly and certainly impose a known set
of graduated sanctions for non-compliance with
community-release provisions relating to drug
abstinence (whether imposed as a pre-trial, probation,
or parole condition or otherwise);
(4) includes a strategy for responding to a range of
substance use and abuse problems and a range of
criminal histories;
(5) includes a plan for integrating data
infrastructure among the agencies and organizations
included in the eligible partnership to enable
seamless, real-time tracking of individuals described
in subsection (a);
(6) includes a plan to monitor and measure the
progress toward reducing the percentage of the
population of individuals described in subsection (a)
who, upon being summoned for a drug test, either fail
to show up or who test positive for drugs.
(d) Reports to Congress.--
(1) Interim report.--Not later than June 1, 2009, the
Director shall submit to Congress a report that
identifies the best practices in reducing the use of
illicit drugs by chronic hard-drug users, including the
best practices identified through the activities funded
under this section.
(2) Final report.--Not later than June 1, 2010, the
Director shall submit to Congress a report on the
demonstration programs funded under this section,
including on the matters specified in paragraph (1).
(e) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $10,000,000 for each
of fiscal years 2007 through 2009.
SEC. [713.] 715. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Chapter 53 of title 5,
United States Code, is amended--
(1) * * *
* * * * * * *
SEC. [714.] 716. 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] 2007 through 2011.
[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).
* * * * * * *
----------
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.]