PUBLIC LAW 109–469—DEC. 29, 2006

OFFICE OF NATIONAL DRUG CONTROL

POLICY REAUTHORIZATION ACT OF 2006

120 STAT. 3502 PUBLIC LAW 109–469—DEC. 29, 2006

Public Law 109–469

109th Congress

An Act

To reauthorize the Office of National Drug Control Policy Act.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Office of

National Drug Control Policy Reauthorization Act of 2006’’.

(b) 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.).

(c) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title, reference, and table of contents.

TITLE I—ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL

POLICY AND ROLES AND RESPONSIBILITIES

Sec. 101. Amendments to definitions.

Sec. 102. Establishment of the Office of National Drug Control Policy.

Sec. 103. Appointment and responsibilities of the Director.

Sec. 104. Amendments to ensure coordination with other agencies.

Sec. 105. Budgetary matters.

TITLE II—THE NATIONAL DRUG CONTROL STRATEGY

Sec. 201. Annual preparation and submission of National Drug Control Strategy.

Sec. 202. Performance measurements.

Sec. 203. Annual report requirement.

TITLE III—HIGH INTENSITY DRUG TRAFFICKING AREAS

Sec. 301. High Intensity Drug Trafficking Areas Program.

Sec. 302. Funding for certain high intensity drug trafficking areas.

Sec. 303. Assessment.

TITLE IV—TECHNOLOGY

Sec. 401. Counterdrug Technology Assessment Center.

TITLE V—NATIONAL YOUTH MEDIA CAMPAIGN

Sec. 501. National Youth Anti-Drug Media Campaign.

TITLE VI—AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE

Sec. 601. Authorization of appropriations.

Sec. 602. Extension of termination date.

TITLE VII—ANTI-DOPING AGENCY

Sec. 701. Designation of United States Anti-Doping Agency.

21 USC 1701

note.

Office of National

Drug Control

Policy

Reauthorization

Act of 2006.

Dec. 29, 2006

[H.R. 6344]

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3503

Sec. 702. Records, audit, and report.

Sec. 703. Authorization of appropriations.

TITLE VIII—DRUG-FREE COMMUNITIES

Sec. 801. Reauthorization.

Sec. 802. Suspension of grants.

Sec. 803. Grant award increase.

Sec. 804. Prohibition on additional eligibility criteria.

Sec. 805. National Community Anti-Drug Coalition Institute.

TITLE IX—NATIONAL GUARD COUNTERDRUG SCHOOLS

Sec. 901. National Guard counterdrug schools.

TITLE X—NATIONAL METHAMPHETAMINE INFORMATION

CLEARINGHOUSE ACT OF 2006

Sec. 1001. Short title.

Sec. 1002. Definitions.

Sec. 1003. Establishment of clearinghouse and advisory council.

Sec. 1004. NMIC requirements and review.

Sec. 1005. Authorization of appropriations.

TITLE XI—MISCELLANEOUS PROVISIONS

Sec. 1101. Repeals.

Sec. 1102. Controlled Substances Act amendments.

Sec. 1103. Report on law enforcement intelligence sharing.

Sec. 1104. Requirement for South American heroin strategy.

Sec. 1105. Model acts.

Sec. 1106. Study on iatrogenic addiction associated with prescription opioid analgesic drugs.

Sec. 1107. Requirement for strategy to stop Internet advertising of prescription

medicines without a prescription.

Sec. 1108. Requirement for study on diversion and inappropriate uses of prescription drugs.

Sec. 1109. Requirement for Afghan Heroin Strategy.

Sec. 1110. Requirement for Southwest Border Counternarcotics Strategy.

Sec. 1111. Requirement for Scientific Study of Mycoherbicide in Illicit Drug Crop

Eradication.

Sec. 1112. Requirement for Study of State Precursor Chemical Control Laws.

Sec. 1113. Requirement for Study of Drug Endangered Children Programs.

Sec. 1114. Study on drug court hearings in nontraditional places.

Sec. 1115. Report on tribal Government participation in HIDTA process.

Sec. 1116. Report on school drug testing.

Sec. 1117. Report on ONDCP performance bonuses.

Sec. 1118. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communication materials.

Sec. 1119. 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. 1120. Policy relating to syringe exchange programs.

TITLE I—ORGANIZATION OF OFFICE OF

NATIONAL DRUG CONTROL POLICY

AND ROLES AND RESPONSIBILITIES

SEC. 101. AMENDMENTS TO DEFINITIONS.

(a) DEMAND REDUCTION.—Section 702(1) is amended—

(1) in subparagraph (F), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (G), by striking the period at the end

and inserting ‘‘, including the testing of employees;’’; and

(3) by adding at the end the following:

‘‘(H) interventions for drug abuse and dependence;

‘‘(I) international drug control coordination and

cooperation with respect to activities described in this paragraph; and

21 USC 1701.

120 STAT. 3504 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(J) international drug abuse education, prevention,

treatment, research, rehabilitation activities, and interventions for drug abuse and dependence.’’.

(b) NATIONAL DRUG CONTROL PROGRAM.—Section 702(6) is

amended by adding before the period the following: ‘‘, including

any activities involving supply reduction, demand reduction, or

State, local, and tribal affairs’’.

(c) PROGRAM CHANGE.—Section 702(7) is amended by—

(1) striking ‘‘National Foreign Intelligence Program,’’ and

inserting ‘‘National Intelligence Program,’’; and

(2) inserting after ‘‘Related Activities,’’ the following: ‘‘or

(for purposes of section 704(d)) an agency that is described

in section 530C(a) of title 28, United States Code,’’.

(d) OFFICE.—Section 702(9) is amended by striking ‘‘implicates’’

and inserting ‘‘indicates’’.

(e) STATE, LOCAL, AND TRIBAL AFFAIRS.—Paragraph (10) of

section 702 is amended to read as follows:

‘‘(10) STATE, LOCAL, AND TRIBAL AFFAIRS.—The term ‘State,

local, and tribal affairs’ means domestic activities conducted

by a National Drug Control Program agency that are intended

to reduce the availability and use of illegal drugs, including—

‘‘(A) coordination and enhancement of Federal, State,

local, and tribal law enforcement drug control efforts;

‘‘(B) coordination and enhancement of efforts among

National Drug Control Program agencies and State, local,

and tribal demand reduction and supply reduction agencies;

‘‘(C) coordination and enhancement of Federal, State,

local, and tribal law enforcement initiatives to gather, analyze, and disseminate information and law enforcement

intelligence relating to drug control among domestic law

enforcement agencies; and

‘‘(D) other coordinated and joint initiatives among Federal, State, local, and tribal agencies to promote comprehensive drug control strategies designed to reduce the demand

for, and the availability of, illegal drugs.’’.

(f) SUPPLY REDUCTION.—Section 702(11) is amended to read

as follows:

‘‘(11) SUPPLY REDUCTION.—The term ‘supply reduction’

means any activity or program conducted by a National Drug

Control Program agency that is intended to reduce the availability or use of illegal drugs in the United States or abroad,

including—

‘‘(A) law enforcement outside the United States;

‘‘(B) source country programs, including economic

development programs primarily intended to reduce the

production or trafficking of illicit drugs;

‘‘(C) activities to control international trafficking in,

and availability of, illegal drugs, including—

‘‘(i) accurate assessment and monitoring of international drug production and interdiction programs

and policies; and

‘‘(ii) coordination and promotion of compliance with

international treaties relating to the production,

transportation, or interdiction of illegal drugs;

‘‘(D) activities to conduct and promote international

law enforcement programs and policies to reduce the supply

of drugs; and

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3505

‘‘(E) activities to facilitate and enhance the sharing

of domestic and foreign intelligence information among

National Drug Control Program agencies, relating to the

production and trafficking of drugs in the United States

and in foreign countries.’’.

(g) DEFINITIONS OF APPROPRIATE CONGRESSIONAL COMMITTEES

AND LAW ENFORCEMENT.—Section 702 is amended 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,

local, or tribal 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. 102. ESTABLISHMENT OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY.

(a) RESPONSIBILITIES.—Section 703(a) is amended to read as

follows:

‘‘(a) ESTABLISHMENT OF OFFICE.—There is established in the

Executive Office of the President an Office of National Drug Control

Policy, which shall—

‘‘(1) develop national drug control policy;

‘‘(2) coordinate and oversee the implementation of the

national drug control policy;

‘‘(3) assess and certify the adequacy of National Drug Control Programs and the budget for those programs; and

‘‘(4) evaluate the effectiveness of the national drug control

policy and the National Drug Control Program agencies’ programs, by developing and applying specific goals and performance measurements.’’.

(b) POSITIONS.—Section 703(b) is amended to read as follows:

‘‘(b) DIRECTOR OF NATIONAL DRUG CONTROL POLICY AND

DEPUTY DIRECTORS.—

‘‘(1) DIRECTOR.—There shall be a Director of National Drug

Control Policy who shall head the Office (referred to in this

Act as the ‘Director’) and shall hold the same rank and status

as the head of an executive department listed in section 101

of title 5, United States Code.

‘‘(2) DEPUTY DIRECTOR.—There shall be a Deputy Director

of National Drug Control Policy who shall report directly to

the Director (referred to in this Act as the ‘Deputy Director’).

‘‘(3) OTHER DEPUTY DIRECTORS.—

‘‘(A) IN GENERAL.—There shall be a Deputy Director

for Demand Reduction, a Deputy Director for Supply Reduction, and a Deputy Director for State, Local, and Tribal

Affairs.

‘‘(B) REPORTING.—The Deputy Director for Demand

Reduction, the Deputy Director for Supply Reduction, and

the Deputy Director for State, Local, and Tribal Affairs

Certification.

21 USC 1702.

120 STAT. 3506 PUBLIC LAW 109–469—DEC. 29, 2006

shall report directly to the Deputy Director of the Office

of National Drug Control Policy.

‘‘(C) DEPUTY DIRECTOR FOR DEMAND REDUCTION.—The

Deputy Director for Demand Reduction shall be responsible

for the activities in subparagraphs (A) through (H) of section 702(l).

‘‘(D) DEPUTY DIRECTOR FOR SUPPLY REDUCTION.—The

Deputy Director for Supply Reduction shall—

‘‘(i) have substantial experience and expertise in

drug interdiction and other supply reduction activities;

and

‘‘(ii) be responsible for the activities in subparagraphs (A) through (C) in section 702(11).

‘‘(E) DEPUTY DIRECTOR FOR STATE, LOCAL, AND TRIBAL

AFFAIRS.—The Deputy Director for State, Local, and Tribal

Affairs shall be responsible for the activities—

‘‘(i) in subparagraphs (A) through (D) of section

702(10);

‘‘(ii) in section 707, the High Intensity Drug Trafficking Areas Program; and

‘‘(iii) in section 708, the Counterdrug Technology

Assessment Center.’’.

SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.

(a) SUCCESSION.—Section 704(a) is amended by amending paragraph (3) to read as follows:

‘‘(3) ACTING DIRECTOR.—If the Director dies, resigns, or

is otherwise unable to perform the functions and duties of

the office, the Deputy Director shall perform the functions

and duties of the Director temporarily in an acting capacity

pursuant to subchapter III of chapter 33 of title 5, United

States Code.’’.

(b) RESPONSIBILITIES.—Section 704(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) by striking paragraph (14) and inserting the following:

‘‘(14) shall submit to the 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);’’;

(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—

Deadline.

21 USC 1703.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3507

‘‘(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,

local, and tribal 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, local, and tribal governments with

respect to the formulation and implementation of the National

Drug Control Strategy and other relevant issues; and

‘‘(20) shall, within 1 year after the date of the enactment

of the Office of National Drug Control Policy Reauthorization

Act of 2006, 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) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL

PROGRAM BUDGET.—Section 704(c)(3) is amended—

(1) in subparagraph (C)(iii), by inserting ‘‘and the appropriate congressional committees,’’ after ‘‘House of Representatives’’; and

(2) in subparagraph (D)(ii)(II)(bb), by inserting ‘‘and the

appropriate congressional committees,’’ after ‘‘House of Representatives’’.

(d) POWERS OF DIRECTOR.—Section 704(d) is amended—

(1) in paragraph (9), by striking ‘‘Strategy; and’’ and

inserting ‘‘Strategy and notify the appropriate congressional

committees of any fund control notice issued in accordance

with section 704(f)(5);’’; and

(2) in paragraph (10), by inserting before the period the

following: ‘‘and section 706 of the Department of State

Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j–1)’’.

(e) FUND CONTROL NOTICES.—Section 704(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—

‘‘(A) contrary, in whole or in part, to a specific appropriation; or

‘‘(B) contrary, in whole or in part, to the expressed

intent of Congress.’’.

(f) DRUG INTERDICTION.— (1) IN GENERAL.—Section 711 is amended by adding at

the end the following:

21 USC 1710.

Notification.

Deadline.

Reports.

Reports.

120 STAT. 3508 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE.

‘‘(a) UNITED STATES INTERDICTION COORDINATOR.—

‘‘(1) IN GENERAL.—The United States Interdiction Coordinator 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

Deadline.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3509

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

Director, the Director of National Intelligence, or the head

of any Federal Government agency the activities of which

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.

‘‘(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) CHAIRMAN.—The Director shall designate one of the

members of the Interdiction Committee to serve as chairman.

‘‘(3) 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.

‘‘(4) 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

120 STAT. 3510 PUBLIC LAW 109–469—DEC. 29, 2006

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,

local, or tribal agency, shall be presented to Congress separately

from the rest of the report.’’.

(2) CONFORMING AMENDMENT TO HOMELAND SECURITY ACT

OF 2002.—Section 878 of the Homeland Security Act of 2002

(6 U.S.C. 458) is amended—

(A) in subsection (c), by striking ‘‘Except as provided

in subsection (d), the’’ and inserting ‘‘The’’; and

(B) by striking subsection (d) and redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f),

respectively.

(3) TECHNICAL AMENDMENTS.—Section 704 (21 U.S.C. 1703)

is amended—

(A) by amending subsection (g) to read as follows:

‘‘(g) INAPPLICABILITY TO CERTAIN PROGRAMS.—The provisions

of this section shall not apply to the National Intelligence Program,

the Joint Military Intelligence Program, and Tactical and Related

Activities, unless such program or an element of such program

is designated as a National Drug Control Program—

‘‘(1) by the President; or

‘‘(2) jointly by—

‘‘(A) in the case of the National Intelligence Program,

the Director and the Director of National Intelligence; or

‘‘(B) in the case of the Joint Military Intelligence Program and Tactical and Related Activities, the Director,

the Director of National Intelligence, and the Secretary

of Defense.’’; and

(B) by amending subsection (h) to read as follows:

‘‘(h) CONSTRUCTION.—Nothing in this Act shall be construed

as derogating the authorities and responsibilities of the Director

of National Intelligence or the Director of the Central Intelligence

Agency contained in the National Security Act of 1947 (50 U.S.C.

401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C.

403a et seq.), or any other law.’’.

SEC. 104. AMENDMENTS TO ENSURE COORDINATION WITH OTHER

AGENCIES.

Section 705 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 subsection (a)(3) to read as follows:

‘‘(3) REQUIRED REPORTS.—

‘‘(A) SECRETARIES OF THE INTERIOR AND AGRICULTURE.—Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit

21 USC 1704.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3511

to the Director and the appropriate congressional committees 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) SECRETARY OF HOMELAND SECURITY.—Not later

than July 1 of each year, the Secretary of Homeland Security shall submit to the Director and the appropriate

congressional committees 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

primarily dedicated to drug supply reduction missions

undertaken by each component of the Department of

Homeland Security.

‘‘(C) SECRETARY OF DEFENSE.—The Secretary of

Defense shall, by July 1 of each year, submit to the Director

and the appropriate congressional committees 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.

‘‘(D) 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.’’;

(5) in subsection (b)(2)(B), by striking ‘‘Program’’ and

inserting ‘‘Strategy’’; and

(6) in subsection (c), by striking ‘‘in’’ and inserting ‘‘on’’.

SEC. 105. BUDGETARY MATTERS.

(a) 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, local, and

tribal 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.’’.

(b) NATIONAL DRUG CONTROL BUDGET PROPOSAL.—

21 USC 1703.

120 STAT. 3512 PUBLIC LAW 109–469—DEC. 29, 2006

(1) NATIONAL ORGANIZATIONS.—Section 704(c)(2) is

amended by inserting ‘‘and the head of each major national

organization that represents law enforcement officers, agencies,

or associations’’ after ‘‘agency’’.

(2) TOTAL BUDGET.—Section 704(c)(2)(A) is amended 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, local, and tribal

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 paragraph (1)(C)’’.

(c) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL

PROGRAM BUDGET.—Section 704(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;

‘‘(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;

‘‘(iii) requests funding for drug treatment activities

that do not provide adequate results and accountability

measures;

‘‘(iv) requests funding for any activities of the Safe

and Drug-Free Schools Program that do not include

a clear anti-drug message or purpose intended to

reduce drug use;

‘‘(v) requests funding for drug treatment activities

that do not adequately support and enhance Federal

drug treatment programs and capacity;

‘‘(vi) 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

‘‘(vii) 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).’’;

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3513

(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’’.

(d) REPROGRAMMING AND TRANSFER REQUESTS.—Section

704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amended—

(1) by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’; and

(2) adding at the end the following: ‘‘If the Director has

not responded to a request for reprogramming subject to this

subparagraph within 30 days after receiving notice of the

request having been made, the request shall be deemed

approved by the Director under this subparagraph and forwarded to Congress.’’.

(e) POWERS OF DIRECTOR.—Section 704(d) is amended—

(1) in paragraph (8)(D), by striking ‘‘have been authorized

by Congress;’’ and inserting ‘‘authorized by law;’’;

(2) in paragraph (9), by striking ‘‘Strategy; and’’ and

inserting ‘‘Strategy and notify the appropriate congressional

committees of any fund control notice issued; and’’; and

(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).’’.

(f) 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.’’.

TITLE II—THE NATIONAL DRUG

CONTROL STRATEGY

SEC. 201. ANNUAL PREPARATION AND SUBMISSION OF NATIONAL

DRUG CONTROL STRATEGY.

Section 706 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) TIMING.—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 the

year to reduce illicit drug use and the consequences of such

illicit drug use 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 the following:

President.

21 USC 1705.

Notification.

Deadline.

120 STAT. 3514 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(i) Comprehensive, research-based, long-range,

quantifiable goals for reducing illicit drug use and

the consequences of illicit drug use 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 beginning on the date on

which the National Drug Control Strategy is submitted.

‘‘(iii) A 5-year projection for program and budget

priorities.

‘‘(iv) A review of international, State, local, and

private sector drug control activities to ensure that

the United States pursues coordinated and effective

drug control at all levels of government.

‘‘(v) 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.

‘‘(vi) 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.

‘‘(vii) An assessment of the reduction of the consequences of illicit drug use and availability, which

shall include—

‘‘(I) the burden illicit drug users placed on

hospital emergency departments in the United

States, such as the quantity of illicit drug-related

services provided;

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3515

‘‘(II) the annual national health care cost of

illicit drug use; and

‘‘(III) the extent of illicit drug-related crime

and criminal activity.

‘‘(viii) A determination of the status 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.

‘‘(ix) A review of the research agenda of the

Counterdrug Technology Assessment Center to reduce

the availability and abuse of drugs.

‘‘(x) A summary of the efforts made 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 Food and Drug Administration

approval for drugs to treat addiction;

‘‘(V) marketing the drug for the treatment of

addiction;

‘‘(VI) urging physicians to use the drug in

the treatment of addiction; and

‘‘(VII) encouraging insurance companies to

reimburse the cost of the drug for the treatment

of addiction.

‘‘(xi) 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.

‘‘(xii) 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, local, and tribal government

agencies.

‘‘(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

(including the effects on children of substance abusers),

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

120 STAT. 3516 PUBLIC LAW 109–469—DEC. 29, 2006

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.—In

developing and effectively implementing the National Drug

Control Strategy, the Director—

‘‘(A) shall consult with—

‘‘(i) the heads of the National Drug Control Program agencies;

‘‘(ii) Congress;

‘‘(iii) State, local, and tribal 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; and

‘‘(vi) appropriate representatives of foreign governments;

‘‘(B) in satisfying the requirements of subparagraph

(A), shall ensure, to the maximum extent possible, that

State, local, and tribal officials and relevant private

organizations commit to support and take steps to achieve

the goals and objectives of the National Drug Control

Strategy;

‘‘(C) with the concurrence of the Attorney General,

may require the El Paso Intelligence Center to undertake

specific tasks or projects to support or implement the

National Drug Control Strategy; and

‘‘(D) 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 support or implement the National

Drug Control Strategy.

‘‘(b) SUBMISSION OF REVISED STRATEGY.—The President may

submit to Congress a revised National Drug Control Strategy that

meets the requirements of this section—

‘‘(1) at any time, upon a determination of the President,

in consultation with the Director, that the National Drug Control Strategy in effect is not sufficiently effective; or

‘‘(2) if a new President or Director takes office.’’.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3517

SEC. 202. PERFORMANCE MEASUREMENTS.

Section 706 is amended by adding at the end the following:

‘‘(c) 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, 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 as defined in section 702 implemented by each National Drug Control Program agency in

support of the National Drug Control Strategy;

‘‘(5) monitors consistency between the drug-related goals

and objectives of the National Drug Control Program agencies

and ensures that each agency’s goals 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;

‘‘(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

‘‘(D) the actions the Director shall take to correct any

deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of this subsection.

‘‘(d) MODIFICATIONS.—A description of any modifications made

during the preceding year to the national drug performance

measurement system described in subsection (c) shall be included

in each report submitted under subsection (b).’’.

SEC. 203. ANNUAL REPORT REQUIREMENT.

(a) IN GENERAL.—On or before February 1 of each year, the

Director shall submit a report to Congress that describes—

(1) the strategy of the national media campaign and

whether specific objectives of the 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 campaign;

21 USC 1708a.

Deadline.

120 STAT. 3518 PUBLIC LAW 109–469—DEC. 29, 2006

(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;

(5) all contracts entered into with a corporation, partnership, or individual working on behalf of the national media

campaign;

(6) specific policies and steps implemented to ensure compliance with title IV of this Act;

(7) steps taken to ensure that the national media campaign

will secure, to the maximum extent possible, no cost matches

of advertising time and space or in-kind contributions that

are directly related to the campaign in accordance with title

IV of this Act; and

(8) a review and evaluation of the effectiveness of the

national media campaign strategy for the past year.

(b) AUDIT.—The Government Accountability Office shall, at a

frequency of not less than once per year—

(1) conduct and supervise an audit and investigation

relating to the programs and operations of the—

(A) Office; or

(B) certain programs within the Office, including—

(i) the High Intensity Drug Trafficking Areas Program;

(ii) the Counterdrug Technology Assessment

Center; or

(iii) the National Youth Anti-drug Media Campaign; and

(2) provide the Director and the appropriate congressional

committees with a report containing an evaluation of and recommendations on the—

(A) policies and activities of the programs and operations subject to the audit and investigation;

(B) economy, efficiency, and effectiveness in the

administration of the reviewed programs and operations;

and

(C) policy or management changes needed to prevent

and detect fraud and abuse in such programs and operations.

TITLE III—HIGH INTENSITY DRUG

TRAFFICKING AREAS

SEC. 301. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

Section 707 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—

21 USC 1706.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3519

‘‘(A) facilitating cooperation among Federal, State,

local, and tribal law enforcement agencies to share information and implement coordinated enforcement activities;

‘‘(B) enhancing law enforcement intelligence sharing

among Federal, State, local, and tribal law enforcement

agencies;

‘‘(C) providing reliable law enforcement 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.—

‘‘(1) IN GENERAL.—The Director, in 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.

‘‘(2) ACTIVITIES.—After making a designation under paragraph (1) and in order to provide Federal assistance to the

area so designated, the Director may—

‘‘(A) obligate such sums as are appropriated for the

Program;

‘‘(B) 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;

‘‘(C) take any other action authorized under section

704 to provide increased Federal assistance to those areas;

and

‘‘(D) coordinate activities under this section (specifically

administrative, recordkeeping, and funds management

activities) with State, local, and tribal 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, local, and tribal law enforcement agencies have

committed resources to respond to the drug trafficking problem

in the area, thereby indicating a determination to respond

aggressively to the problem;

‘‘(3) drug-related activities in the area are having a significant harmful impact in the area, and in other areas of the

country; and

Regulations.

120 STAT. 3520 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(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 the Executive Board

for such area, region, or partnership, does not apportion an

equal number of votes between representatives of participating

Federal agencies and representatives of participating State,

local, and tribal agencies. Where it is impractical for an equal

number of representatives of Federal agencies and State, local,

and tribal 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 5 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, local, and tribal 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

Establishment.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3521

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—

‘‘(1) the amount proposed for each high intensity drug

trafficking area, conditional upon a review by the Office of

the request submitted by the HIDTA and the performance

of the HIDTA, with supporting narrative descriptions and

rationale for each request;

‘‘(2) a detailed justification that explains—

‘‘(A) the reasons for the proposed 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;

‘‘(B) how such funding will ensure that the goals and

objectives of each such area will be achieved; and

‘‘(C) how such funding supports the National Drug

Control Strategy; and

‘‘(3) the amount of HIDTA funds used to investigate and

prosecute organizations and individuals trafficking in methamphetamine in the prior calendar year, and a description

of how those funds were used.

‘‘(j) EMERGING THREAT RESPONSE FUND.—

‘‘(1) IN GENERAL.—Subject to the availability of appropriations, 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 section, 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—

120 STAT. 3522 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(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 1 year 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, local, and tribal 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, local, and tribal 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

Deadline.

Reports.

Reports.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3523

‘‘(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 LAW ENFORCEMENT INTELLIGENCE

SHARING IN HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.—

Not later than 180 days after the date of the enactment of this

section, and as part of each subsequent annual National Drug

Control Strategy report, the Director, in consultation with the

Director of National Intelligence, shall submit to Congress a

report—

‘‘(1) evaluating existing and planned law enforcement 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 law enforcement intelligence

to Federal, State, local, and tribal law enforcement agencies

within the high intensity drug trafficking area and outside

of it;

‘‘(2) the extent to which Federal, State, local, and tribal

law enforcement agencies participating in each high intensity

drug trafficking area are sharing law enforcement 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 law enforcement intelligence regarding drug

trafficking and drug production among Federal, State, local,

and tribal 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 LAW ENFORCEMENT 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) REQUIREMENT.—As part of the documentation that supports the President’s annual budget request for the Office,

the Director shall submit to Congress a report describing the

use of HIDTA funds to investigate and prosecute organizations

and individuals trafficking in methamphetamine in the prior

calendar year.

‘‘(2) CONTENTS.—The report shall include—

‘‘(A) the number of methamphetamine manufacturing

facilities discovered through HIDTA-funded initiatives in

the previous fiscal year;

‘‘(B) 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

HIDTA-funded initiatives in the area during the previous

year; and

Reports.

Deadline.

Reports.

120 STAT. 3524 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(C) law enforcement intelligence and predictive data

from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation

in methamphetamine and listed chemicals.

‘‘(3) CERTIFICATION.—Before the Director awards any funds

to a high intensity drug trafficking area, the Director shall

certify that the law enforcement entities participating in that

HIDTA 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) $240,000,000 for fiscal year 2007;

‘‘(2) $250,000,000 for fiscal year 2008;

‘‘(3) $260,000,000 for fiscal year 2009;

‘‘(4) $270,000,000 for fiscal year 2010; and

‘‘(5) $280,000,000 for each of fiscal year 2011.’’.

SEC. 302. 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 to 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 counternarcotics 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

Carnell Dawson.

Angela Dawson.

21 USC 1706

note.

Dawson Family

Community

Protection Act.

21 USC 1701

note.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3525

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 tribal, local, State, and Federal law enforcement efforts to combat illegal drug trafficking.

(c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING

AREAS.—Section 707, as amended by section 301, is amended by

adding at the end the following:

‘‘(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. 303. ASSESSMENT.

The Director shall assess the ability of the HIDTA Program

to respond to the so-called ‘‘balloon effect’’, whereby urban drug

traffickers facing intensive law enforcement efforts expand and

spread their trafficking and distribution into rural, suburban, and

smaller urban areas by conducting a demonstration project examining the ability of the New York/New Jersey HIDTA, with its

new single colocated Organized Crime and Drug Enforcement Task

Force/High Intensity Drug Trafficking Area Strike Force and

HIDTA Regional Intelligence Center, to address the movement of

drug traffickers into the more rural, suburban, and smaller areas

encompassed by the counties of Albany, Onondaga, Monroe, and

Erie in New York State and by annexing these counties into the

existing New York/New Jersey HIDTA.

TITLE IV—TECHNOLOGY

SEC. 401. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER.

(a) CHIEF SCIENTIST.—Section 708(b) is amended to read as

follows:

‘‘(b) CHIEF SCIENTIST.—There shall be at the head of the Center

the Chief Scientist, who shall be appointed by the Director from

among individuals qualified and distinguished in the area of science,

medicine, engineering, or technology.’’.

(b) RESPONSIBILITIES.—

(1) RESEARCH AND DEVELOPMENT.—Section 708 is amended

by—

(A) redesignating subsection (d) as subsection (e); and

(B) striking subsection (c) and inserting the following:

21 USC 1707.

New York.

New Jersey.

120 STAT. 3526 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(c) RESEARCH AND DEVELOPMENT RESPONSIBILITIES.—The

Director, acting through the Chief Scientist, shall—

‘‘(1) identify and define the short-, medium-, and longterm scientific and technological needs of Federal, State, local,

and tribal drug supply reduction agencies, including—

‘‘(A) advanced surveillance, tracking, and radar

imaging;

‘‘(B) electronic support measures;

‘‘(C) communications;

‘‘(D) data fusion, advanced computer systems, and

artificial intelligence; and

‘‘(E) chemical, biological, radiological (including neutron and electron), and other means of detection;

‘‘(2) identify demand reduction basic and applied research

needs and initiatives, in consultation with affected National

Drug Control Program agencies, including—

‘‘(A) improving treatment through neuroscientific

advances;

‘‘(B) improving the transfer of biomedical research to

the clinical setting; and

‘‘(C) in consultation with the National Institute of 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 and availability of drug treatment;

‘‘(3) make a priority ranking of such needs identified in

paragraphs (1) and (2) according to fiscal and technological

feasibility, as part of a National Counterdrug Research and

Development Program;

‘‘(4) oversee and coordinate counterdrug technology initiatives with related activities of other Federal civilian and military departments;

‘‘(5) provide support to the development and implementation of the national drug control performance measurement

system established under subsection (c) of section 706; and

‘‘(6) 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.

‘‘(d) LIMITATION ON AUTHORITY.—The authority granted to the

Director under this section shall not extend to the awarding of

contracts, management of individual projects, or other operational

activities.’’.

(2) ASSISTANCE AND SUPPORT.—Subsection (e) of section

708, as redesignated by this section, is amended to read as

follows:

‘‘(e) ASSISTANCE AND SUPPORT TO THE 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

counterdrug technology assessment.’’.

(3) TECHNOLOGY TRANSFER PROGRAM.—Section 708 is

amended by adding at the end the following:

‘‘(f) TECHNOLOGY TRANSFER PROGRAM.—

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3527

‘‘(1) PROGRAM.—The Chief Scientist, with the advice and

counsel of experts from State, local, and tribal law enforcement

agencies, shall be responsible to the Director for coordination

and implementation of a counterdrug technology transfer program.

‘‘(2) PURPOSE.—The purpose of the Technology Transfer

Program shall be for the Counterdrug Technology Assessment

Center to transfer technology and associated training directly

to State, local, and tribal law enforcement agencies.

‘‘(3) PRIORITY OF RECEIPTS.—Transfers shall be made in

priority order based on—

‘‘(A) the need of potential recipients for such technology;

‘‘(B) the effectiveness of the technology to enhance

current counterdrug activities of potential recipients; and

‘‘(C) the ability and willingness of potential recipients

to evaluate transferred technology.

‘‘(4) AGREEMENT AUTHORITY.—The Director may enter into

an agreement with the Secretary of Homeland Security to

transfer technology with both counterdrug and homeland security applications to State, local, and tribal law enforcement

agencies on a reimbursable basis.

‘‘(5) 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’’.

TITLE V—NATIONAL YOUTH MEDIA

CAMPAIGN

SEC. 501. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.

(a) IN GENERAL.—Section 709 (21 U.S.C. 1708) is amended

to read as follows:

120 STAT. 3528 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘SEC. 709. NATIONAL YOUTH ANTI-DRUG 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) Subject to the availability of appropriations,

no more than $1,500,000 may be expended under this

section each fiscal year on creative services, except

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3529

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 Senate

and of the House of Representatives 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

by April 20 of each year 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.—Subject

to the availability of appropriations, 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 72 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

120 STAT. 3530 PUBLIC LAW 109–469—DEC. 29, 2006

than 82 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 DrugFree 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 or if the

Director determines that another entity is more

appropriate, subject to the requirements of subsection (b)(2)(A).

If the Director determines that another entity is more

appropriate under clause (ii)(IV), the Director shall notify

Congress, through the committees of jurisdiction in the

House and Senate, in writing, not less than 30 days prior

to contracting with a party other than the Partnership

for a Drug-Free America.

Notification.

Deadline.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3531

‘‘(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 DrugFree 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 anti-drug 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 anti-drug 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

120 STAT. 3532 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(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 5

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 4 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

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3533

under this section, the Director may emphasize prevention

of youth marijuana use.

‘‘(k) PREVENTION OF METHAMPHETAMINE ABUSE AND OTHER

EMERGING DRUG ABUSE THREATS.— ‘‘(1) REQUIREMENT TO USE 10 PERCENT OF FUNDS FOR METH- AMPHETAMINE ABUSE PREVENTION.—The Director shall ensure

that, of the amounts appropriated under this section for the

national media campaign for a fiscal year, not less than 10

percent shall be expended solely for the activities described

in subsection (b)(1) with respect to advertisements specifically

intended to reduce the use of methamphetamine.

‘‘(2) AUTHORITY TO USE FUNDS FOR OTHER DRUG ABUSE

UPON CERTIFICATION THAT METHAMPHETAMINE ABUSE FELL

DURING FISCAL YEAR 2007.—With respect to fiscal year 2008

and any fiscal year thereafter, if the Director certifies in writing

to Congress that domestic methamphetamine laboratory seizures (as reported to the El Paso Intelligence Center of the

Drug Enforcement Administration) decreased to at least 75

percent of the 2006 level, or the Director has documented

a highly, statistically significant increase in a specific drug,

from a baseline determined by locally collected data, that can

be defined as a local drug crisis, the Director may apply paragraph (1)(A) for that fiscal year with respect to advertisements

specifically intended to reduce the use of such other drugs.

‘‘(l) 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.

TITLE VI—AUTHORIZATIONS AND

EXTENSION OF TERMINATION DATE

SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

Section 714 is amended—

(1) by striking ‘‘title,’’ and inserting ‘‘title except activities

otherwise specified,’’; and

(2) by striking ‘‘1999 through 2003’’ and inserting ‘‘2006

through 2010’’.

SEC. 602. EXTENSION OF TERMINATION DATE.

Section 715(a) is amended by striking ‘‘September 30, 2003,

this title and the amendments made by this title’’ and inserting

‘‘September 30, 2010, this title and the amendments made to this

title’’.

TITLE VII—ANTI-DOPING AGENCY

SEC. 701. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.

(a) DEFINITIONS.—In this title:

(1) UNITED STATES OLYMPIC COMMITTEE.—The term ‘‘United

States Olympic Committee’’ means the organization established

by the ‘‘Ted Stevens Olympic and Amateur Sports Act’’ (36

U.S.C. 220501 et seq.).

21 USC 2001.

21 USC 1714.

21 USC 1713.

21 USC

1801–1804.

120 STAT. 3534 PUBLIC LAW 109–469—DEC. 29, 2006

(2) AMATEUR ATHLETIC COMPETITION.—The term ‘‘amateur

athletic competition’’ means a contest, game, meet, match, tournament, regatta, or other event in which amateur athletes

compete (36 U.S.C. 220501(b)(2)).

(3) AMATEUR ATHLETE.—The term ‘‘amateur athlete’’ means

an athlete who meets the eligibility standards established by

the national governing body or paralympic sports organization

for the sport in which the athlete competes (36 U.S.C.

22501(b)(1)).

(4) GENE DOPING.—The term ‘‘gene doping’’ means the nontherapeutic use of cells, genes, genetic elements, or of the

modulation of gene expression, having the capacity to enhance

athletic performance.

(b) IN GENERAL.—The United States Anti-Doping Agency

shall—

(1) serve as the independent anti-doping organization for

the amateur athletic competitions recognized by the United

States Olympic Committee;

(2) ensure that athletes participating in amateur athletic

activities recognized by the United States Olympic Committee

are prevented from using performance-enhancing drugs, or

performance-enhancing genetic modifications accomplished

through gene-doping;

(3) implement anti-doping education, research, testing, and

adjudication programs to prevent United States Amateur Athletes participating in any activity recognized by the United

States Olympic Committee from using performance-enhancing

drugs, or performance-enhancing genetic modifications accomplished through gene-doping;

(4) serve as the United States representative responsible

for coordination with other anti-doping organizations coordinating amateur athletic competitions recognized by the United

States Olympic Committee to ensure the integrity of athletic

competition, the health of the athletes and the prevention of

use of performance-enhancing drugs, or performance-enhancing

genetic modifications accomplished through gene-doping by

United States amateur athletes; and

(5) permanently include ‘‘gene doping’’ among any list of

prohibited substances adopted by the Agency.

SEC. 702. RECORDS, AUDIT, AND REPORT.

(a) RECORDS.—The United States Anti-Doping Agency shall

keep correct and complete records of account.

(b) REPORT.—The United States Anti-Doping Agency shall

submit an annual report to Congress which shall include—

(1) an audit conducted and submitted in accordance with

section 10101 of title 36, United States Code; and

(2) a description of the activities of the agency.

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the United States

Anti-Doping Agency—

(1) for fiscal year 2007, $9,700,000;

(2) for fiscal year 2008, $10,300,000;

(3) for fiscal year 2009, $10,600,000;

(4) for fiscal year 2010, $11,000,000; and

(5) for fiscal year 2011, $11,500,000.

21 USC 2003.

21 USC 2002.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3535

TITLE VIII—DRUG-FREE COMMUNITIES

SEC. 801. REAUTHORIZATION.

(a) IN GENERAL.—Section 1024(a) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1524(a)) is amended—

(1) in paragraph (9), by striking ‘‘and’’ after the semicolon;

(2) in paragraph (10), by striking the period and inserting

a semicolon; and

(3) by adding at the end the following:

‘‘(11) $109,000,000 for fiscal year 2008;

‘‘(12) $114,000,000 for fiscal year 2009;

‘‘(13) $119,000,000 for fiscal year 2010;

‘‘(14) $124,000,000 for fiscal year 2011; and

‘‘(15) $129,000,000 for fiscal year 2012.’’.

(b) ADMINISTRATION COSTS.—Section 1024(b) of the Drug-Free

Communities Act of 1997 (21 U.S.C. 1524(b)) is amended to read

as follows:

‘‘(b) ADMINISTRATIVE COSTS.—

‘‘(1) LIMITATION.—Not more than 3 percent of the funds

appropriated for this chapter may be used by the Office of

National Drug Control Policy to pay for administrative costs

associated with their responsibilities under the chapter.

‘‘(2) DESIGNATED AGENCY.—The agency delegated to carry

out this program under section 1031(d) may use up to 5 percent

of the funds allocated for grants under this chapter for administrative costs associated with carrying out the program.’’.

SEC. 802. SUSPENSION OF GRANTS.

(a) IN GENERAL.—Section 1032(b) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532(b)) is amended by adding at

the end the following:

‘‘(4) PROCESS FOR SUSPENSION.—A grantee shall not be

suspended or terminated under paragraph (1)(A)(ii), (2)(A)(iii),

or (3)(E) unless that grantee is afforded a fair, timely, and

independent appeal prior to such suspension or termination.’’.

(b) REPORT TO CONGRESS.—Not later than 60 days after the

date of enactment of this Act, the Director of the Office of National

Drug Control Policy shall submit to Congress a report detailing

the appeals process required by section 1032(b)(4) of the DrugFree Communities Act of 1997, as added by subsection (a).

SEC. 803. GRANT AWARD INCREASE.

Subsections (b)(1)(A)(iv), (b)(2)(C)(i), and (b)(3)(F) of section

1032 of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532)

are amended by striking ‘‘$100,000’’ and inserting ‘‘$125,000’’.

SEC. 804. PROHIBITION ON ADDITIONAL ELIGIBILITY CRITERIA.

Section 1032(a) of the Drug-Free Communities Act of 1997

(21 U.S.C. 1532(a)) is amended by adding at the end the following:

‘‘(7) ADDITIONAL CRITERIA.—The Director shall not impose

any eligibility criteria on new applicants or renewal grantees

not provided in this chapter.’’.

SEC. 805. NATIONAL COMMUNITY ANTI-DRUG COALITION INSTITUTE.

Section 4 of Public Law 107–82 (21 U.S.C. 1521 note), reauthorizing the Drug-Free Communities Support Program, is amended—

(1) by amending subsection (a) to read as follows:

21 USC 1532

note.

120 STAT. 3536 PUBLIC LAW 109–469—DEC. 29, 2006

‘‘(a) IN GENERAL.—The Director of the Office of National Drug

Control Policy shall, using amounts authorized to be appropriated

by subsection (d), make a directed grant to Community Anti-Drug

Coalitions of America to provide for the continuation of the National

Community Anti-drug Coalition Institute.’’;

(2) by striking subsection (b) and redesignating subsections

(c) and (d) as (b) and (c), respectively; and

(3) in subsection (c), as redesignated by paragraph (2),

by adding at the end the following:

‘‘(4) For each of the fiscal years 2008 through 2012,

$2,000,000.’’.

TITLE IX—NATIONAL GUARD

COUNTERDRUG SCHOOLS

SEC. 901. NATIONAL GUARD COUNTERDRUG SCHOOLS.

(a) AUTHORITY TO OPERATE.—Under such regulations as the

Secretary of Defense may prescribe, the Chief of the National Guard

Bureau may establish and operate, or provide financial assistance

to the States to establish and operate, not more than 5 schools

(to be known generally as ‘‘National Guard counterdrug schools’’).

(b) PURPOSE.—The purpose of the National Guard counterdrug

schools shall be the provision by the National Guard of training

in drug interdiction and counterdrug activities and drug demand

reduction activities to personnel of the following:

(1) Federal agencies.

(2) State, local, and tribal law enforcement agencies.

(3) Community-based organizations engaged in such activities.

(4) Other non-Federal governmental and private entities

and organizations engaged in such activities.

(c) COUNTERDRUG SCHOOLS SPECIFIED.—The National Guard

counterdrug schools operated under the authority in subsection

(a) are as follows:

(1) The National Interagency Civil-Military Institute

(NICI), San Luis Obispo, California.

(2) The Multi-Jurisdictional Counterdrug Task Force

Training (MCTFT), St. Petersburg, Florida.

(3) The Midwest Counterdrug Training Center (MCTC),

Johnston, Iowa.

(4) The Regional Counterdrug Training Academy (RCTA),

Meridian, Mississippi.

(5) The Northeast Regional Counterdrug Training Center

(NCTC), Fort Indiantown Gap, Pennsylvania.

(d) USE OF NATIONAL GUARD PERSONNEL.—

(1) IN GENERAL.—To the extent provided for in the State

drug interdiction and counterdrug activities plan of a State

in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered

to perform full-time National Guard duty authorized under

section 112(b) of that title 32, United States Code, may provide

training referred to in subsection (b) at that school.

(2) DEFINITION.—In this subsection, the term ‘‘State drug

interdiction and counterdrug activities plan’’, in the case of

a State, means the current plan submitted by the Governor

32 USC 112 note.

Grants.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3537

of the State to the Secretary of Defense under section 112

of title 32, United States Code.

(e) TREATMENT UNDER AUTHORITY TO PROVIDE COUNTERDRUG

SUPPORT.—The provisions of section 1004 of the National Defense

Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10

U.S.C. 374 note) shall apply to any activities of a National Guard

counterdrug school under this section that are for an agency referred

to in subsection (a) of such section 1004 and for a purpose set

forth in subsection (b) of such section 1004.

(f) ANNUAL REPORTS ON ACTIVITIES.—

(1) IN GENERAL.—Not later than February 1 each year,

the Secretary of Defense shall submit to Congress a report

on the activities of the National Guard counterdrug schools

during the preceding year.

(2) CONTENTS.—Each report under paragraph (1) shall set

forth the following:

(A) FUNDING.—The amount made available for each

National Guard counterdrug school during the fiscal year

ending in the year preceding the year in which such report

is submitted.

(B) ACTIVITIES.—A description of the activities of each

National Guard counterdrug school during the year preceding the year in which such report is submitted.

(g) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There is hereby authorized to be appropriated for the Department of Defense for the National Guard

for each of fiscal years 2006 through 2010, $30,000,000 for

purposes of the National Guard counterdrug schools in such

fiscal year.

(2) CONSTRUCTION.—The amount authorized to be appropriated by paragraph (1) for a fiscal year is in addition to

any other amount authorized to be appropriated for the Department of Defense for the National Guard for such fiscal year.

TITLE X—NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE ACT OF 2006

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘National Methamphetamine

Information Clearinghouse Act of 2006’’.

SEC. 1002. DEFINITIONS.

In this title—

(1) the term ‘‘Council’’ means the National Methamphetamine Advisory Council established under section 1003(b)(1);

(2) the term ‘‘drug endangered children’’ means children

whose physical, mental, or emotional health are at risk because

of the production, use, or other effects of methamphetamine

production or use by another person;

(3) the term ‘‘National Methamphetamine Information

Clearinghouse’’ or ‘‘NMIC’’ means the information clearinghouse

established under section 1003(a); and

21 USC 2011.

21 USC 2001

note.

National

Methamphetamine

Information

Clearinghouse

Act of 2006.

Applicability.

120 STAT. 3538 PUBLIC LAW 109–469—DEC. 29, 2006

(4) the term ‘‘qualified entity’’ means a State, local, or

tribal government, school board, or public health, law enforcement, nonprofit, community anti-drug coalition, or other nongovernmental organization providing services related to

methamphetamines.

SEC. 1003. ESTABLISHMENT OF CLEARINGHOUSE AND ADVISORY

COUNCIL.

(a) CLEARINGHOUSE.—There is established, under the supervision of the Attorney General of the United States, an information

clearinghouse to be known as the National Methamphetamine

Information Clearinghouse.

(b) ADVISORY COUNCIL.— (1) IN GENERAL.—There is established an advisory council

to be known as the National Methamphetamine Advisory

Council.

(2) MEMBERSHIP.—The Council shall consist of 10 members

appointed by the Attorney General—

(A) not fewer than 3 of whom shall be representatives

of law enforcement agencies;

(B) not fewer than 4 of whom shall be representatives

of nongovernmental and nonprofit organizations providing

services or training and implementing programs or strategies related to methamphetamines; and

(C) 1 of whom shall be a representative of the Department of Health and Human Services.

(3) PERIOD OF APPOINTMENT; VACANCIES.—Members shall

be appointed for 3 years. Any vacancy in the Council shall

not affect its powers, but shall be filled in the same manner

as the original appointment.

(4) PERSONNEL MATTERS.—

(A) TRAVEL EXPENSES.—The members of the Council

shall be allowed travel expenses, including per diem in

lieu of subsistence, at rates authorized for employees of

agencies under subchapter I of chapter 57 of title 5, United

States Code, while away from their homes or regular places

of business in the performance of services for the Council.

(B) NO COMPENSATION.—The members of the Council

shall not receive compensation for the performance of the

duties of a member of the Council.

SEC. 1004. NMIC REQUIREMENTS AND REVIEW.

(a) IN GENERAL.—The NMIC shall promote sharing information

regarding successful law enforcement, treatment, environmental,

prevention, social services, and other programs related to the

production, use, or effects of methamphetamine and grants available

for such programs.

(b) COMPONENTS.—The NMIC shall include—

(1) a toll-free number; and

(2) a website that provides a searchable database, which—

(A) provides information on the short-term and longterm effects of methamphetamine use;

(B) provides information regarding methamphetamine

treatment and prevention programs and strategies and programs for drug endangered children, including descriptions

of successful programs and strategies and contact information for such programs and strategies;

Communications

and telecommunications.

Website.

21 USC 2013.

21 USC 2012.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3539

(C) provides information regarding grants for methamphetamine-related programs, including contact information and links to websites;

(D) allows a qualified entity to submit items to be

posted on the website regarding successful public or private

programs or other useful information related to the production, use, or effects of methamphetamine;

(E) includes a restricted section that may only be

accessed by a law enforcement organization that contains

successful strategies, training techniques, and other

information that the Council determines helpful to law

enforcement agency efforts to identify or combat the production, use, or effects of methamphetamine;

(F) allows public access to all information not in a

restricted section; and

(G) contains any additional information the Council

determines may be useful in identifying or combating the

production, use, or effects of methamphetamine.

Thirty days after the website in paragraph (2) is operational, no

funds shall be expended to continue the website methresources.gov.

(c) REVIEW OF POSTED INFORMATION.— (1) IN GENERAL.—Not later than 30 days after the date

of submission of an item by a qualified entity, the Council

shall review an item submitted for posting on the website

described in subsection (b)(2)—

(A) to evaluate and determine whether the item, as

submitted or as modified, meets the requirements for

posting; and

(B) in consultation with the Attorney General, to determine whether the item should be posted in a restricted

section of the website.

(2) DETERMINATION.—Not later than 45 days after the date

of submission of an item, the Council shall—

(A) post the item on the website described in subsection

(b)(2); or

(B) notify the qualified entity that submitted the item

regarding the reason such item shall not be posted and

modifications, if any, that the qualified entity may make

to allow the item to be posted.

SEC. 1005. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated—

(1) for fiscal year 2007—

(A) $500,000 to establish the NMIC and Council; and

(B) such sums as are necessary for the operation of

the NMIC and Council; and

(2) for each of fiscal years 2008 and 2009, such sums

as are necessary for the operation of the NMIC and Council.

TITLE XI—MISCELLANEOUS

PROVISIONS

SEC. 1101. REPEALS.

(a) ACT.—Section 710 is repealed.

(b) FORFEITURE ASSETS.—Section 6073 of the Assets Forfeiture

Amendments Act of 1988 (21 U.S.C. 1509) is repealed.

21 USC 1709.

21 USC 2014.

Notification.

Deadline.

Deadline.

Deadline.

Abolishment.

120 STAT. 3540 PUBLIC LAW 109–469—DEC. 29, 2006

SEC. 1102. CONTROLLED SUBSTANCES ACT AMENDMENTS.

Section 303(g)(2) of the Controlled Substances Act (21 U.S.C.

823(g)(2)) is amended—

(1) in subparagraph (B)(iii), by striking ‘‘except that the’’

and inserting the following: ‘‘unless, not sooner than 1 year

after the date on which the practitioner submitted the initial

notification, the practitioner submits a second notification to

the Secretary of the need and intent of the practitioner to

treat up to 100 patients. A second notification under this clause

shall contain the certifications required by clauses (i) and (ii)

of this subparagraph. The’’; and

(2) in subparagraph (J)—

(A) in clause (i), by striking ‘‘thereafter’’ and all that

follows through the period and inserting ‘‘thereafter.’’;

(B) in clause (ii), by striking ‘‘Drug Addiction Treatment Act of 2000’’ and inserting ‘‘Office of National Drug

Control Policy Reauthorization Act of 2006’’; and

(C) in clause (iii), by striking ‘‘this paragraph should

not remain in effect, this paragraph ceases to be in effect’’

and inserting ‘‘subparagraph (B)(iii) should be applied by

limiting the total number of patients a practitioner may

treat to 30, then the provisions in such subparagraph

(B)(iii) permitting more than 30 patients shall not apply,

effective’’.

SEC. 1103. REPORT ON LAW ENFORCEMENT INTELLIGENCE SHARING.

Not later than 180 days after the date of enactment of this

Act, the Director shall submit to Congress a report—

(1) evaluating existing and planned law enforcement intelligence systems used by Federal, State, local, and tribal law

enforcement agencies responsible for drug trafficking and drug

production enforcement; and

(2) addressing—

(A) the current law enforcement intelligence systems

used by Federal, State, local, and tribal law enforcement

agencies;

(B) the compatibility of such systems in ensuring access

and availability of law enforcement intelligence to Federal,

State, local, and tribal law enforcement;

(C) the extent to which Federal, State, local, and tribal

law enforcement are sharing law enforcement intelligence

information to assess current threats and design appropriate enforcement strategies; and

(D) the measures needed to ensure and to promote

effective information sharing among law enforcement intelligence systems operated by Federal, State, local, and tribal

law enforcement agencies responsible for drug trafficking

and drug production enforcement.

SEC. 1104. REQUIREMENT FOR SOUTH AMERICAN HEROIN STRATEGY.

(a) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act, the Director, in coordination with the Secretary of State, shall submit to 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.

Deadline.

Deadline.

Notification.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3541

(b) CONTENTS.—The strategy submitted under subsection (a)

shall include—

(1) opium eradication efforts to eliminate the problem at

the source to prevent heroin from entering the stream of commerce;

(2) interdiction and precursor chemical controls;

(3) demand reduction and treatment;

(4) 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, cocoa, or other illicit drug production

or trafficking;

(5) efforts to inform and involve local citizens in the programs described in paragraphs (1) through (4), such as through

leaflets advertising rewards for information; and

(6) an 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.

(c) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE

INFORMATION.—Any content of the strategy submitted under subsection (a) 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 of national security

activities of any Federal, foreign, or international agency, shall

be presented to Congress separately from the rest of the strategy.

SEC. 1105. MODEL ACTS.

(a) IN GENERAL.—The Director of the Office of National Drug

Control Policy shall provide for or shall enter into an agreement

with a non-profit corporation that is described in section 501(c)(3)

of the Internal Revenue Code of 1986 and exempt from tax under

section 501(a) of such Code to—

(1) advise States on establishing laws and policies to

address alcohol and other drug issues, based on the model

State drug laws developed by the President’s Commission on

Model State Drug Laws in 1993; and

(2) revise such model State drug laws and draft supplementary model State laws to take into consideration changes

in the alcohol and drug abuse problems in the State involved.

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this subsection $1,500,000 for each

of fiscal years 2007 through 2011.

SEC. 1106. STUDY ON IATROGENIC ADDICTION ASSOCIATED WITH

PRESCRIPTION OPIOID ANALGESIC DRUGS.

(a) IN GENERAL.— (1) STUDY.—The Director of the Office of National Drug

Control Policy shall request the Institute of Medicine of the

National Academy of Sciences to enter into an agreement under

which the Institute agrees to study certain aspects of iatrogenic

addiction to prescription opioid analgesics included in schedules

II and III of the Controlled Substances Act (21 U.S.C. 812).

(2) IATROGENIC ADDICTION.—In this section, the term ‘‘iatrogenic addiction’’ means an addiction developed from the use

of an opioid analgesic by an individual with no previous history

of any addiction, who has lawfully obtained and used the drug

Contracts.

Contracts.

21 USC 1701

note.

120 STAT. 3542 PUBLIC LAW 109–469—DEC. 29, 2006

for a legitimate medical purpose by administration from, or

pursuant to the prescription or order of, an individual practitioner acting in the usual course of professional practice.

(b) REQUIREMENTS.—The study conducted pursuant to this section shall assess the current scientific literature to determine, if

possible—

(1) the rate of iatrogenic addiction associated with the

appropriate use of prescription drugs described in subsection

(a);

(2) the impact of iatrogenic addiction associated with the

appropriate use of prescription drugs described in subsection

(a) on the individual, the prescriber, other patients, and society

in general;

(3) the comparative abuse liability of prescription drugs

described in subsection (a) when used properly by the ultimate

user for a legitimate medical purpose; and

(4)(A) what types of prospective or retrospective studies

should be undertaken to determine the rate of iatrogenic addiction associated with the appropriate use of the prescription

drugs described in subsection (a); and

(B) a feasible timeline for conducting and reporting such

studies, should the current state of the scientific literature

be insufficient to determine the rate, impact, and comparative

abuse liability of prescription drugs described in subsection

(a).

(c) REPORT.—Not later than 1 year after the date of enactment

of this Act, the Director of the Office of National Drug Control

Policy shall ensure that the agreement under subsection (a) provides

for the submission of a report to the Congress on the status of

the study conducted pursuant to this section.

SEC. 1107. REQUIREMENT FOR STRATEGY TO STOP INTERNET ADVERTISING OF PRESCRIPTION MEDICINES WITHOUT A

PRESCRIPTION.

Not later than 120 days after the date of the enactment of

this Act, the Director of the Office of National Drug Control Policy

shall submit to Congress a strategy to stop advertisements that

provide information about obtaining over the Internet drugs (as

defined in section 702(3) of the Office of National Drug Control

Policy Reauthorization Act of 1998) for which a prescription is

required without the use of such a lawful prescription.

SEC. 1108. REQUIREMENT FOR STUDY ON DIVERSION AND INAPPROPRIATE USES OF PRESCRIPTION DRUGS.

Not later than 90 days after the date of enactment of this

Act, the Director of the Office of National Drug Control Policy,

in consultation with the Secretary of Health and Human Services,

shall submit to Congress a report that includes a plan to conduct

a study on the illegal diversion and inappropriate uses of prescription drugs, including the following:

(1) Methods to utilize both public use surveys that are

in existence as of the date of enactment of this Act and other

surveys to provide appropriate baseline data on the natural

history of diversion and abuse of prescription drugs that are

included in schedules under the Controlled Substances Act

to evaluate the extent and nature of potential problems with

such use to guide corrective actions which may reduce such

problems without unintentionally hindering access to these

Deadline.

Reports.

Deadline.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3543

drugs for legitimate medical purposes. Specifically, other surveys to be considered are those that address the abuse of

these substances on a regional or national basis, and those

that address the diversion of these substances on a regional

or national basis.

(2) A scientifically based analysis of the relative contribution of both innate and acquired genetic factors, environmental

factors, psychological factors, and drug characteristics that contribute to addiction to prescription drugs.

SEC. 1109. REQUIREMENT FOR AFGHAN HEROIN STRATEGY.

(a) 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.

(b) CONTENTS.—The strategy shall include—

(1) opium crop eradication efforts to eliminate the problem

at the source to prevent heroin from entering the stream of

commerce;

(2) destruction or other direct elimination of stockpiles

of heroin and raw opium, and heroin production and storage

facilities;

(3) interdiction and precursor chemical controls;

(4) demand reduction and treatment;

(5) alternative development programs;

(6) 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

(7) an assessment of the specific level of funding and

resources necessary to significantly reduce the production and

trafficking of heroin.

(c) 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.

SEC. 1110. REQUIREMENT FOR SOUTHWEST BORDER COUNTERNARCOTICS STRATEGY.

(a) IN GENERAL.—Not later than 120 days after the date of

enactment of this Act, and every 2 years thereafter, the Director

of National Drug Control Policy shall submit to the Congress a

Southwest Border Counternarcotics Strategy.

(b) PURPOSES.—The Southwest Border Counternarcotics

Strategy shall—

(1) 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;

(2) 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

Deadlines.

21 USC 1705

note.

Deadline.

120 STAT. 3544 PUBLIC LAW 109–469—DEC. 29, 2006

Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing

that strategy; and

(3) identify the specific resources required to enable the

relevant National Drug Control Program agencies to implement

that strategy.

(c) SPECIFIC CONTENT RELATED TO DRUG TUNNELS BETWEEN

THE UNITED STATES AND MEXICO.—The Southwest Border Counternarcotics Strategy shall include—

(1) a strategy to end the construction and use of tunnels

and subterranean passages that cross the international border

between the United States and Mexico for the purpose of illegal

trafficking of drugs across such border; and

(2) recommendations for criminal penalties for persons who

construct or use such a tunnel or subterranean passage for

such a purpose.

(d) 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.

(e) 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.

(f) 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.

(g) 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,

local, or tribal agency, shall be presented to Congress separately

from the rest of the strategy.

SEC. 1111. REQUIREMENT FOR SCIENTIFIC STUDY OF MYCOHERBICIDE

IN ILLICIT DRUG CROP ERADICATION.

(a) REQUIREMENT.—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 mycoherbicides derived from fungus naturally existing

in the soil.

(b) STUDY.—The study required by this section shall be conducted in United States territory and not in any foreign country.

Deadline.

Reports.

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3545

SEC. 1112. REQUIREMENT FOR STUDY OF STATE PRECURSOR CHEMICAL CONTROL LAWS.

(a) STUDY.—The Director of National Drug Control Policy, in

consultation with the National Alliance for Model State Drug Laws,

shall conduct a study of State laws with respect to precursor chemical controls.

(b) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Director of National Drug Control Policy

shall submit a report to Congress on the results of the study

under subsection (a), including—

(1) a comparison of the State laws studied and the effectiveness of each such law; and

(2) a list of best practices observed with respect to such

laws.

SEC. 1113. REQUIREMENT FOR STUDY OF DRUG ENDANGERED CHILDREN PROGRAMS.

(a) STUDY.—The Director of National Drug Control Policy shall

conduct a study of methamphetamine-related activities that are

conducted by different Drug Endangered Children programs

administered by States.

(b) REPORT.—Not later than 6 months after the date of the

enactment of this Act, the Director of National Drug Control Policy

shall submit to Congress a report on the results of the study

under subsection (a). Such report shall include—

(1) an analysis of the best practices of the activities studied;

and

(2) recommendations for establishing a national policy to

address drug endangered children, based on the Drug Endangered Children programs administered by States.

(c) DEFINITIONS.—In this section—

(1) the term ‘‘methamphetamine-related activity’’ means

any activity related to the production, use, or effects of methamphetamine; and

(2) the term ‘‘drug endangered children’’ means children

whose physical, mental, or emotional health are at risk because

of the production, use, or effects of methamphetamine by

another person.

SEC. 1114. STUDY ON DRUG COURT HEARINGS IN NONTRADITIONAL

PLACES.

(a) FINDING.—Congress finds that encouraging drug courts and

schools to enter into partnerships that allow students to see the

repercussions of drug abuse by non-violent offenders may serve

as a strong deterrent and promote demand reduction.

(b) STUDY.—The Director of the Office of National Drug Control

Policy shall conduct a study on drug court programs that conduct

hearings in nontraditional public places, such as schools. At a

minimum, the study shall evaluate similar programs in operation,

such as the program operated in the Fourth Judicial District Drug

Court, in Washington County, Arkansas.

(c) REQUIREMENT.—At the same time the President submits

to Congress the National Drug Control Strategy due February 1,

2007, pursuant to section 706 of the Office of National Drug Control

Policy Reauthorization Act of 1998, the President shall submit

to Congress a report on the study conducted under subsection

(b). The report shall include an evaluation of the results of the

Deadline.

Reports.

President.

Arkansas.

Schools.

120 STAT. 3546 PUBLIC LAW 109–469—DEC. 29, 2006

study and such recommendations as the President considers appropriate.

(d) DEMAND REDUCTION.—In this section, the term ‘‘demand

reduction’’ has the meaning provided in section 702(1) of the Office

of National Drug Control Policy Reauthorization Act of 1998 (21

U.S.C. 1701(1)).

SEC. 1115. REPORT ON TRIBAL GOVERNMENT PARTICIPATION IN

HIDTA PROCESS.

(a) REPORT REQUIREMENT.—The Director of the Office of

National Drug Control Policy shall prepare a report for Congress

on the representation of tribal governments in the High Intensity

Drug Trafficking Areas Program and in high intensity drug trafficking areas designated under that Program. The report shall

include—

(1) a list of the tribal governments represented in the

Program and a description of the participation by such governments in the Program;

(2) an explanation of the rationale for the level of representation by such governments; and

(3) recommendations by the Director for methods for

increasing the number of tribal governments represented in

the Program.

(b) DEADLINE.—The report prepared under subsection (a) shall

be submitted not later than 1 year after the date of the enactment

of this Act.

(c) DEFINITION.—In this section, the term ‘‘High Intensity Drug

Trafficking Areas Program’’ means the program established under

section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706)

SEC. 1116. REPORT ON SCHOOL DRUG TESTING.

(a) REPORT REQUIREMENT.—The Director of National Drug Control Policy shall prepare a report on drug testing in schools. The

report shall include a list of secondary schools that have initiated

drug testing from among those schools that have attended conferences on drug testing sponsored by the Office of National Drug

Control Policy.

(b) DEADLINE.—Not later than 120 days after the date of the

enactment of this Act, the Director of National Drug Control Policy

shall submit to Congress the report required under subsection (a).

SEC. 1117. REPORT ON ONDCP PERFORMANCE BONUSES.

(a) REPORT REQUIREMENT.—The Director of National Drug Control Policy shall prepare a report on performance bonuses at the

Office of National Drug Control Policy. The report shall include

a list of employees who received performance bonuses, and the

amount of such bonuses, for the period beginning on October 1,

2004, and ending on the date of submission of the report.

(b) DEADLINE.—Not later than 120 days after the date of the

enactment of this Act, the Director of National Drug Control Policy

shall submit to Congress the report required under subsection (a).

SEC. 1118. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS.

21 USC 1710a. Section 712 is amended to read as follows:

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3547

‘‘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. 1119. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARDDRUG USERS UNDER COMMUNITY SUPERVISION

THROUGH THE USE OF DRUG TESTING AND SANCTIONS.

At the end of the Act, insert the following:

‘‘SEC. 716. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARDDRUG 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, local, or tribal 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

21 USC 1714.

Notice.

120 STAT. 3548 PUBLIC LAW 109–469—DEC. 29, 2006

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 $4,900,000 for each

of fiscal years 2007 through 2009.’’.

SEC. 1120. 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

PUBLIC LAW 109–469—DEC. 29, 2006 120 STAT. 3549

LEGISLATIVE HISTORY—H.R. 6344 (S. 2560):

CONGRESSIONAL RECORD, Vol. 152 (2006):

Dec. 7, considered and passed House.

Dec. 8, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

Dec. 29, Presidential statement.

Æ

with the National Institutes of Health and the National Academy

of Sciences.’’.

Approved December 29, 2006.