I 

109TH CONGRESS 

1ST SESSION H. R. 2829

To reauthorize the Office of National Drug Control Policy Act. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 9, 2005

Mr. SOUDER (for himself and Mr. TOM DAVIS of Virginia) introduced the following bill; which was referred to the Committee on Government Reform, 

and in addition to the Committees on the Judiciary, Energy and Commerce, and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To reauthorize the Office of National Drug Control Policy 

Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES. 

5 (a) SHORT TITLE.—This Act may be cited as the 

6 ‘‘Office of National Drug Control Policy Reauthorization 

7 Act of 2005’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows:
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Sec. 1. Short title; table of contents; references. 

Sec. 2. Repeal of termination provision. 

Sec. 3. Amendments to definitions. 

Sec. 4. Amendments relating to establishment of Office of National Drug Control Policy and designation of officers. 

Sec. 5. Amendments relating to appointment and duties of Director and Deputy 

Director. 

Sec. 6. Amendments relating to coordination with other agencies. 

Sec. 7. Development, submission, implementation, and assessment of National 

Drug Control Strategy. 

Sec. 8. High Intensity Drug Trafficking Areas Program. 

Sec. 9. Funding for certain High Intensity Drug Trafficking Areas. 

Sec. 10. Amendments relating to Counter-Drug Technology Assessment Center. 

Sec. 11. National youth antidrug media campaign. 

Sec. 12. Drug interdiction. 

Sec. 13. Authorization of appropriations. 

Sec. 14. Technical amendments and repeal.

1 (c) AMENDMENT OF OFFICE OF NATIONAL DRUG

2 CONTROL POLICY REAUTHORIZATION ACT OF 1998.—Ex3 cept as otherwise expressly provided, whenever in this Act 

4 an amendment or repeal is expressed in terms of an 

5 amendment to, or repeal of, a section or other provision, 

6 the reference shall be considered to be made to a section 

7 or other provision of the Office of National Drug Control 

8 Policy Reauthorization Act of 1998 (Public Law 105–277; 

9 21 U.S.C. 1701 et seq.). 

10 SEC. 2. REPEAL OF TERMINATION PROVISION. 

11 Section 715 (21 U.S.C. 1712) is repealed, and the 

12 law shall read as if such section was never in effect. 

13 SEC. 3. AMENDMENTS TO DEFINITIONS. 

14 (a) AMENDMENTS TO DEFINITIONS.—Section 702 

15 (21 U.S.C. 1701) is amended—

16 (1) in paragraph (1)—
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1 (A) by striking ‘‘and’’ at the end of sub2 paragraph (F); 

3 (B) by striking the period at the end of 

4 subparagraph (G) and inserting ‘‘, including the 

5 testing of employees;’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(H) interventions for drug abuse and de8 pendence; and 

9 ‘‘(I) international drug control coordina10 tion and cooperation with respect to activities 

11 described in this paragraph.’’; 

12 (2) in paragraph (6), by adding before the pe13 riod at the end: ‘‘, including any activities involving 

14 supply reduction, demand reduction, or State and 

15 local affairs’’; 

16 (3) in paragraph (7)—

17 (A) by striking ‘‘Agency’’ and inserting 

18 ‘‘agency’’; 

19 (B) by striking ‘‘National Foreign Intel20 ligence Program,’’ and inserting ‘‘National In21 telligence Program,’’; and 

22 (C) by inserting a comma before ‘‘or Tac23 tical’’; 

24 (4) in paragraph (9), by striking ‘‘implicates’’ 

25 and inserting ‘‘indicates’’; 
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1 (5) in paragraph (10)—

2 (A) by adding ‘‘National Drug Control 

3 Program agencies and’’ after ‘‘among’’ in sub4 paragraph (B); 

5 (B) by striking ‘‘and’’ at the end of sub6 paragraph (B); 

7 (C) by striking the period at the end of 

8 subparagraph (C) and inserting a semicolon; 

9 and 

10 (D) by adding at the end the following: 

11 ‘‘(D) domestic drug law enforcement, in12 cluding law enforcement directed at drug users; 

13 and 

14 ‘‘(E) coordination and enhancement of 

15 Federal, State, and local law enforcement initia16 tives to gather, analyze, and disseminate infor17 mation and intelligence relating to drug control 

18 among domestic law enforcement agencies.’’; 

19 (6) in paragraph (11)—

20 (A) by inserting before the semicolon in 

21 subparagraph (A) the following: ‘‘, including—

22 ‘‘(i) law enforcement outside the 

23 United States; and 

24 ‘‘(ii) source country programs, includ25 ing economic development programs pri-
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1 marily intended to reduce the production 

2 or trafficking of illicit drugs’’; 

3 (B) by inserting striking subparagraph (B) 

4 and inserting the following: 

5 ‘‘(B) facilitating and enhancing the shar6 ing of foreign and domestic information and in7 telligence relating to drug production and traf8 ficking among National Drug Control Program 

9 agencies, and between those agencies and for10 eign law enforcement agencies; and’’; 

11 (C) by striking ‘‘; and’’ at the end of sub12 paragraph (C) and inserting a period; and 

13 (D) by striking subparagraph (D); and 

14 (7) by adding at the end the following: 

15 ‘‘(12) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—Except where otherwise provided, the term 

17 ‘appropriate congressional committees’ means the 

18 Committee on the Judiciary, the Committee on Ap19 propriations, and the Caucus on International Nar20 cotics Control of the Senate and the Committee on 

21 Government Reform, the Committee on the Judici22 ary, and the Committee on Appropriations of the 

23 House of Representatives. 

24 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en25 forcement’ or ‘drug law enforcement’ means all ef-
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1 forts by a Federal, State, or local government agen2 cy to enforce the drug laws of the United States or 

3 any State, including investigation, arrest, prosecu4 tion, and incarceration or other punishments or pen5 alties.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 703(b)(3) 

7 (21 U.S.C. 1702(b)(3)) is amended—

8 (1) in subparagraph (A), by striking ‘‘(G)’’ and 

9 inserting ‘‘(I)’’; and 

10 (2) in subparagraph (C)—

11 (A) by striking ‘‘(C)’’ and inserting ‘‘(E)’’; 

12 (B) by striking ‘‘and subparagraph (D) of 

13 section 702(11)’’; and 

14 (C) by adding at the end the following: ‘‘, 

15 and sections 707 and 708 of this Act’’. 

16 SEC. 4. AMENDMENTS RELATING TO ESTABLISHMENT OF 

17 OFFICE OF NATIONAL DRUG CONTROL POL18 ICY AND DESIGNATION OF OFFICERS. 

19 (a) RESPONSIBILITIES.—Paragraph (4) of section 

20 703(a) (21 U.S.C. 1702(a)) is amended to read as follows: 

21 ‘‘(4) evaluate the effectiveness of the national 

22 drug control policy and the National Drug Control 

23 Program agencies’ programs, by developing and ap24 plying specific goals and performance measure25 ments.’’. 
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1 (b) RANK OF DIRECTOR.—Section 703(b) (21 U.S.C. 

2 1702(b)) is amended in paragraph (1) by adding before 

3 the period the following: ‘‘, who shall hold the same rank 

4 and status as the head of an executive department listed 

5 in section 101 of title 5, United States Code’’. 

6 (c) DEPUTY DIRECTORS.—Section 703(b) (21 U.S.C. 

7 1702(b)) is amended in paragraph (3)—

8 (1) by striking ‘‘Office—’’ and inserting ‘‘Office 

9 the following additional Deputy Directors—’’; and 

10 (2) in subparagraph (B), by striking ‘‘who 

11 shall’’ and inserting the following: ‘‘who shall have 

12 substantial experience and expertise in drug interdic13 tion operations and other supply reduction activities, 

14 and who shall serve as the United States Interdic15 tion Coordinator and’’. 

16 SEC. 5. AMENDMENTS RELATING TO APPOINTMENT AND 

17 DUTIES OF DIRECTOR AND DEPUTY DIREC18 TOR. 

19 (a) DESIGNATION OF OTHER OFFICERS.—Section 

20 704(a)(3) (21 U.S.C. 1703(a)(3)) is amended—

21 (1) by striking ‘‘permanent employee’’ and in22 serting ‘‘officer or employee’’; and 

23 (2) by striking ‘‘serve as the Director’’ and in24 serting ‘‘serve as the acting Director’’. 
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1 (b) RESPONSIBILITIES OF DIRECTOR.—Section 

2 704(b) (21 U.S.C. 1703(b)) is amended—

3 (1) in paragraph (4), by striking ‘‘Federal de4 partments and agencies engaged in drug enforce5 ment,’’ and inserting ‘‘National Drug Control Pro6 gram agencies,’’; 

7 (2) in paragraph (7), by inserting after ‘‘Presi8 dent’’ the following: ‘‘and the appropriate congres9 sional committees’’; 

10 (3) in paragraph (13), by striking ‘‘(beginning 

11 in 1999)’’; 

12 (4) in paragraph (14)(A)—

13 (A) by striking ‘‘Appropriations’’ and all 

14 that follows through ‘‘Senate’’ and inserting 

15 ‘‘appropriate congressional committees’’; and 

16 (B) by striking ‘‘and’’ after the semicolon; 

17 (5) in paragraph (15), by striking subpara18 graph (C) and inserting the following: 

19 ‘‘(C) supporting the substance abuse infor20 mation clearinghouse administered by the Ad21 ministrator of the Substance Abuse and Mental 

22 Health Services Administration and established 

23 in section 501(d)(16) of the Public Health 

24 Service Act by—
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1 ‘‘(i) encouraging all National Drug 

2 Control Program agencies to provide all 

3 appropriate and relevant information; and 

4 ‘‘(ii) supporting the dissemination of 

5 information to all interested entities;’’; and 

6 (6) by inserting at the end the following: 

7 ‘‘(16) shall coordinate with the private sector to 

8 promote private research and development of medi9 cations to treat addiction; 

10 ‘‘(17) shall seek the support and commitment of 

11 State and local officials in the formulation and im12 plementation of the National Drug Control Strategy; 

13 ‘‘(18) shall monitor and evaluate the allocation 

14 of resources among Federal law enforcement agen15 cies in response to significant local and regional 

16 drug trafficking and production threats; and 

17 ‘‘(19) shall submit an annual report to Con18 gress detailing how the Office of National Drug 

19 Control Policy has consulted with and assisted State 

20 and local governments with respect to the formula21 tion and implementation of the National Drug Con22 trol Strategy and other relevant issues.’’. 

23 (c) SUBMISSION OF DRUG CONTROL BUDGET RE24 QUESTS.—Section 704(c)(1) is amended by adding at the 

25 end the following: 
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1 ‘‘(C) CONTENT OF DRUG CONTROL BUDG2 ET REQUESTS.—A drug control budget request 

3 submitted by a department, agency, or program 

4 under this paragraph shall include all requests 

5 for funds for any drug control activity under6 taken by that department, agency, or program, 

7 including demand reduction, supply reduction, 

8 and State and local affairs, including any drug 

9 law enforcement activities. If an activity has 

10 both drug control and nondrug control purposes 

11 or applications, the department, agency, or pro12 gram shall estimate by a documented calcula13 tion the total funds requested for that activity 

14 that would be used for drug control, and shall 

15 set forth in its request the basis and method for 

16 making the estimate.’’. 

17 (d) NATIONAL DRUG CONTROL BUDGET PRO18 POSAL.—Section 704(c)(2) is amended in subparagraph 

19 (A) by inserting before the semicolon: ‘‘and to inform Con20 gress and the public about the total amount proposed to 

21 be spent on all supply reduction, demand reduction, State 

22 and local affairs, including any drug law enforcement, and 

23 other drug control activities by the Federal Government, 

24 which shall conform to the content requirements set forth 

25 in subparagraph (C) of paragraph (1) of this subsection’’. 
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1 (e) REVIEW AND CERTIFICATION OF NATIONAL

2 DRUG CONTROL PROGRAM BUDGET.—Section 704(c)(3) 

3 (21 U.S.C. 1703(c)(3)) is amended—

4 (1) by redesignating subparagraphs (C) and 

5 (D) as subparagraphs (D) and (E), respectively; 

6 (2) by inserting after subparagraph (B) the fol7 lowing new subparagraph: 

8 ‘‘(C) SPECIFIC REQUESTS.—The Director 

9 shall not confirm the adequacy of any budget 

10 request that—

11 ‘‘(i) requests funding for Federal law 

12 enforcement activities that do not ade13 quately compensate for transfers of drug 

14 enforcement resources and personnel to 

15 law enforcement and investigation activi16 ties not related to drug enforcement as de17 termined by the Director; 

18 ‘‘(ii) requests funding for law enforce19 ment activities on the borders of the 

20 United States that do not adequately di21 rect resources to drug interdiction and en22 forcement as determined by the Director; 

23 ‘‘(iii) requests funding for drug treat24 ment activities that do not provide ade-
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1 quate result and accountability measures 

2 as determined by the Director; 

3 ‘‘(iv) requests funding for any activi4 ties of the Safe and Drug Free Schools 

5 Program that do not include a clear anti6 drug message or purpose intended to re7 duce drug use; 

8 ‘‘(v) requests funding to enforce sec9 tion 484(r)(1) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1091(r)(1)) with 

11 respect to convictions for drug-related of12 fenses not occurring during a period of en13 rollment for which the student was receiv14 ing any Federal grant, loan, or work as15 sistance; 

16 ‘‘(vi) requests funding for drug treat17 ment activities that do not adequately sup18 port and enhance Federal drug treatment 

19 programs and capacity, as determined by 

20 the Director; 

21 ‘‘(vii) requests funding for fiscal year 

22 2007 for activities of the Department of 

23 Education, unless it is accompanied by a 

24 report setting forth a plan for providing 

25 expedited consideration of student loan ap-
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1 plications for all individuals who submitted 

2 an application for any Federal grant, loan, 

3 or work assistance that was rejected or de4 nied pursuant to 484(r)(1) of the Higher 

5 Education Act of 1965 (20 U.S.C. 

6 1091(r)(1)) by reason of a conviction for a 

7 drug-related offense not occurring during a 

8 period of enrollment for which the indi9 vidual was receiving any Federal grant, 

10 loan, or work assistance; 

11 ‘‘(viii) requests funding for the oper12 ations and management of the Department 

13 of Homeland Security that does not in14 clude a specific request for funds for the 

15 Office of Counternarcotics Enforcement to 

16 carry out its responsibilities under section 

17 878 of the Homeland Security Act of 2002 

18 (6 U.S.C. 458).’’; 

19 (3) in subparagraph (D)(iii), as so redesig20 nated, by inserting ‘‘and the appropriate congres21 sional committees’’ after ‘‘House of Representa22 tives’’; and 

23 (4) in subparagraph (E)(ii)(bb), as so redesig24 nated, by inserting ‘‘and the appropriate congres-
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1 sional committees’’ after ‘‘House of Representa2 tives’’. 

3 (f) REPROGRAMMING AND TRANSFER REQUESTS.—

4 Section 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amend5 ed by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

6 (g) POWERS OF DIRECTOR.—Section 704(d) (21 

7 U.S.C. 1703(d)) is amended—

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

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

10 by law;’’; 

11 (2) in paragraph (9)—

12 (A) by inserting ‘‘notwithstanding any 

13 other provision of law,’’ after ‘‘(9)’’; and 

14 (B) by striking ‘‘Strategy; and’’ and insert15 ing ‘‘Strategy and notify the appropriate con16 gressional committees of any fund control no17 tice issued;’’; 

18 (3) in paragraph (10), by striking ‘‘(22 U.S.C. 

19 2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) and sec20 tion 706 of the Foreign Relations Authorization Act, 

21 Fiscal Year 2003 (22 U.S.C. 2291j–1); and’’; and 

22 (4) by adding at the end the following new 

23 paragraph: 

24 ‘‘(11) not later than August 1 of each year, 

25 submit to the President a report, and transmit cop-
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1 ies of the report to the Secretary of State and the 

2 appropriate congressional committees, that—

3 ‘‘(A) provides the Director’s assessment of 

4 which countries are major drug transit coun5 tries or major illicit drug producing countries as 

6 defined in section 481(e) of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2291(e)); 

8 ‘‘(B) provides the Director’s assessment of 

9 whether each country identified under subpara10 graph (A) has cooperated fully with the United 

11 States or has taken adequate steps on its own 

12 to achieve full compliance with the goals and 

13 objectives established by the United Nations 

14 Convention Against Illicit Traffic in Narcotic 

15 Drugs and Psychotropic Substances and other16 wise has assisted in reducing the supply of il17 licit drugs to the United States; and 

18 ‘‘(C) provides the Director’s assessment of 

19 whether application of procedures set forth in 

20 section 490 of the Foreign Assistance Act of 

21 1961 (22 U.S.C. 2291j), as provided in section 

22 706 of the Foreign Relations Authorization Act, 

23 Fiscal Year 2003 (22 U.S.C. 2291j–1), is war24 ranted with respect to countries the Director 

25 assesses have not cooperated fully.’’. 
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1 (g) FUND CONTROL NOTICES.—Section 704(f) (21 

2 U.S.C. 1703(f)) is amended by adding at the end the fol3 lowing: 

4 ‘‘(4) CONGRESSIONAL NOTICE.—A copy of each 

5 fund control notice shall be transmitted to the ap6 propriate congressional committees. 

7 ‘‘(5) RESTRICTIONS.—The Director shall not 

8 issue a fund control notice to direct that all or part 

9 of an amount appropriated to the National Drug 

10 Control Program agency account be obligated, modi11 fied, or altered in any manner contrary, in whole or 

12 in part, to a specific appropriation or statute.’’. 

13 (h) TECHNICAL AMENDMENTS.—Section 704 (21 

14 U.S.C. 1703) is amended—

15 (1) in subsection (g)—

16 (A) by striking ‘‘National Foreign Intel17 ligence Program’’ and inserting ‘‘National Intel18 ligence Program’’; and 

19 (B) by inserting a comma before ‘‘and 

20 Tactical’’; and 

21 (2) in subsection (h), by striking ‘‘Director of 

22 Central Intelligence’’ and inserting ‘‘Director of Na23 tional Intelligence or the Director of the Central In24 telligence Agency’’. 
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1 (i) REQUIREMENT FOR SOUTH AMERICAN HEROIN

2 STRATEGY.—

3 (1) IN GENERAL.—Not later than 90 days after 

4 the date of the enactment of this Act, the Director 

5 of National Drug Control Policy shall submit to the 

6 Congress a comprehensive strategy that addresses 

7 the increased threat from South American heroin, 

8 and in particular Colombian heroin and the emerg9 ing threat from opium poppy grown in Peru. 

10 (2) CONTENTS.—The strategy shall include—

11 (A) opium eradication efforts to eliminate 

12 the problem at the source to prevent heroin 

13 from entering the stream of commerce; 

14 (B) interdiction and precursor chemical 

15 controls; 

16 (C) demand reduction and treatment; 

17 (D) alternative development programs, in18 cluding direct assistance to regional govern19 ments to demobilize and provide alternative 

20 livelihoods to former members of insurgent or 

21 other groups engaged in heroin, coca, or other 

22 illicit drug production or trafficking; 

23 (E) provisions that ensure the maintenance 

24 at current levels of efforts to eradicate coca in 

25 Colombia; and 
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1 (F) assessment of the level of additional 

2 funding and resources necessary to simulta3 neously address the threat from South Amer4 ican heroin and the threat from Colombian and 

5 Peruvian coca. 

6 (3) TREATMENT OF CLASSIFIED OR LAW EN7 FORCEMENT SENSITIVE INFORMATION.—Any con8 tent of the strategy that involves information classi9 fied under criteria established by an Executive order, 

10 or whose public disclosure, as determined by the Di11 rector or the head of any relevant Federal agency, 

12 would be detrimental to the law enforcement or na13 tional security activities of any Federal, foreign, or 

14 international agency, shall be presented to Congress 

15 separately from the rest of the strategy. 

16 (j) REQUIREMENT FOR AFGHAN HEROIN STRAT17 EGY.—

18 (1) IN GENERAL.—Not later than 90 days after 

19 the date of the enactment of this Act, the Director 

20 of the Office of National Drug Control Policy shall 

21 submit to the Congress a comprehensive strategy 

22 that addresses the increased threat from Afghan 

23 heroin. 

24 (2) CONTENTS.—The strategy shall include—
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1 (A) opium crop eradication efforts to elimi2 nate the problem at the source to prevent her3 oin from entering the stream of commerce; 

4 (B) destruction or other direct elimination 

5 of stockpiles of heroin and raw opium, and her6 oin production and storage facilities; 

7 (C) interdiction and precursor chemical 

8 controls; 

9 (D) demand reduction and treatment; 

10 (E) alternative development programs; 

11 (F) measures to improve cooperation and 

12 coordination between Federal Government 

13 agencies, and between such agencies, agencies 

14 of foreign governments, and international orga15 nizations with responsibility for the prevention 

16 of heroin production in, or trafficking out of, 

17 Afghanistan; and 

18 (G) an assessment of the level of additional 

19 funding and resources necessary significantly to 

20 reduce the production and trafficking of heroin. 

21 (3) TREATMENT OF CLASSIFIED OR LAW EN22 FORCEMENT SENSITIVE INFORMATION.—Any con23 tent of the strategy that involves information classi24 fied under criteria established by an Executive order, 

25 or whose public disclosure, as determined by the Di-
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1 rector or the head of any relevant Federal agency, 

2 would be detrimental to the law enforcement or na3 tional security activities of any Federal, foreign, or 

4 international agency, shall be presented to Congress 

5 separately from the rest of the strategy. 

6 (k) REQUIREMENT FOR GENERAL COUNTERDRUG

7 INTELLIGENCE PLAN.—

8 (1) IN GENERAL.—Not later than 120 days 

9 after the date of enactment of this Act, and not 

10 later than every two years thereafter, the Director of 

11 the Office of National Drug Control Policy, in con12 sultation with the Director of National Intelligence 

13 and the members of the Counterdrug Intelligence 

14 Coordinating Group, shall submit to the appropriate 

15 congressional committees, a general counterdrug in16 telligence plan to improve coordination, and elimi17 nate unnecessary duplication, among the 

18 counterdrug intelligence centers and information 

19 sharing systems, and counterdrug activities of the 

20 Federal Government, including the centers, systems, 

21 and activities of the following departments and agen22 cies: 

23 (A) The Department of Defense, including 

24 the Defense Intelligence Agency, and the joint 

25 interagency task forces. 
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1 (B) The Department of the Treasury, in2 cluding the Financial Crimes Enforcement Net3 work (FinCEN). 

4 (C) The Central Intelligence Agency. 

5 (D) The National Security Agency. 

6 (E) The Department of Homeland Secu7 rity, including the United States Coast Guard, 

8 the bureau of Customs and Border Protection, 

9 and the bureau of Immigration and Customs 

10 Enforcement. 

11 (F) The Department of Justice, including 

12 the National Drug Intelligence Center (NDIC); 

13 the Drug Enforcement Administration, includ14 ing the El Paso Intelligence Center (EPIC) and 

15 the Special Operations Division; the Federal 

16 Bureau of Investigation; the Organized Crime 

17 Drug Enforcement Task Force; and the Re18 gional Information Sharing System. 

19 (G) The Office of National Drug Control 

20 Policy, including the High Intensity Drug Traf21 ficking Areas Program, and the Counterdrug 

22 Intelligence Executive Secretariat. 

23 (2) PURPOSE.—The purpose of the plan under 

24 paragraph (1) is to maximize the effectiveness of the 

25 centers and activities referred to in that paragraph 
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1 in achieving the objectives of the National Drug 

2 Control Strategy promulgated under 21 U.S.C. 

3 1705. In order to maximize such effectiveness, the 

4 plan shall—

5 (A) articulate clear and specific mission 

6 statements (including purpose and scope of ac7 tivity) for each counterdrug intelligence center, 

8 system, and activity, including the manner in 

9 which responsibility for counterdrug intelligence 

10 activities will be allocated among the 

11 counterdrug intelligence centers and systems; 

12 (B) specify each government agency 

13 (whether Federal, State, or local) that partici14 pates in each such center, system, and activity, 

15 including a description of the extent and nature 

16 of that participation; 

17 (C) specify the relationship between such 

18 centers, systems, and activities; 

19 (D) specify the means by which proper 

20 oversight of such centers, systems, and activi21 ties will be assured; 

22 (E) specify the means by which 

23 counterdrug intelligence and information will be 

24 forwarded effectively to all levels of officials re-
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1 sponsible for United States counterdrug policy; 

2 and 

3 (F) specify mechanisms to ensure that 

4 State and local law enforcement agencies are 

5 apprised of counterdrug intelligence and infor6 mation acquired by Federal law enforcement 

7 agencies in a manner which—

8 (i) facilitates effective counterdrug ac9 tivities by State and local law enforcement 

10 agencies; and 

11 (ii) provides such State and local law 

12 enforcement agencies with the information 

13 relating to the safety of officials involved 

14 in their counterdrug activities. 

15 (3) DEFINITIONS.—As used in this sub16 section—

17 (A) the term ‘‘center’’ refers to any center, 

18 office, task force, or other coordinating organi19 zation engaged in counterdrug intelligence or 

20 information analyzing or sharing activities; 

21 (B) the term ‘‘system’’ refers to any data22 base or other electronic system used for 

23 counterdrug intelligence or information ana24 lyzing or sharing activities; and 
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1 (C) the term ‘‘appropriate congressional 

2 committees’’ means the following: 

3 (i) The Committee on Appropriations, 

4 the Committee on Foreign Relations, the 

5 Committee on the Judiciary, the Com6 mittee on Homeland Security and Govern7 mental Affairs, the Caucus on Inter8 national Narcotics Control, and the Select 

9 Committee on Intelligence of the Senate. 

10 (ii) The Committee on Appropriations, 

11 the Committee on International Relations, 

12 the Committee on the Judiciary, the Com13 mittee on Government Reform, the Com14 mittee on Homeland Security, and the Per15 manent Select Committee on Intelligence 

16 of the House of Representatives. 

17 (4) LIMITATION.—The general counterdrug in18 telligence plan shall not—

19 (A) change existing agency authorities or 

20 the laws governing interagency relationships, 

21 but may include recommendations about 

22 changes to such authorities or laws; or 

23 (B) include any information about specific 

24 methods of obtaining, or sources of, intelligence 

25 or information, or any information about spe-
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1 cific individuals, cases, investigations, or oper2 ations. 

3 (5) CLASSIFIED OR LAW ENFORCEMENT SEN4 SITIVE INFORMATION.—Any content of the general 

5 counterdrug intelligence plan that involves informa6 tion classified under criteria established by an Exec7 utive order, or whose public disclosure, as deter8 mined by the Director of the Office of National 

9 Drug Control Policy, the Director of National Intel10 ligence, or the head of any Federal Government 

11 agency whose activities are described in the plan, 

12 would be detrimental to the law enforcement or na13 tional security activities of any Federal, State, or 

14 local agency, shall be presented to Congress sepa15 rately from the rest of the report. 

16 (l) REQUIREMENT FOR SOUTHWEST BORDER COUN17 TERNARCOTICS STRATEGY.—

18 (1) IN GENERAL.—Not later than 120 days 

19 after the date of enactment of this Act, and every 

20 two years thereafter, the Director of National Drug 

21 Control Policy shall submit to the Congress a South22 west Border Counternarcotics Strategy. 

23 (2) PURPOSES.—The Southwest Border Coun24 ternarcotics Strategy shall—
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1 (A) set forth the Government’s strategy for 

2 preventing the illegal trafficking of drugs across 

3 the international border between the United 

4 States and Mexico, including through ports of 

5 entry and between ports of entry on that bor6 der; 

7 (B) state the specific roles and responsibil8 ities of the relevant National Drug Control Pro9 gram agencies (as defined in section 702 of the 

10 Office of National Drug Control Policy Reau11 thorization Act of 1998 (21 U.S.C. 1701)) for 

12 implementing that strategy; and 

13 (C) identify the specific resources required 

14 to enable the relevant National Drug Control 

15 Program agencies to implement that strategy. 

16 (3) CONSULTATION WITH OTHER AGENCIES.—

17 The Director shall issue the Southwest Border 

18 Counternarcotics Strategy in consultation with the 

19 heads of the relevant National Drug Control Pro20 gram agencies. 

21 (4) LIMITATION.—The Southwest Border Coun22 ternarcotics Strategy shall not change existing agen23 cy authorities or the laws governing interagency re24 lationships, but may include recommendations about 

25 changes to such authorities or laws. 
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1 (5) REPORT TO CONGRESS.—The Director shall 

2 provide a copy of the Southwest Border Counter3 narcotics Strategy to the appropriate congressional 

4 committees (as defined in section 702 of the Office 

5 of National Drug Control Policy Reauthorization Act 

6 of 1998 (21 U.S.C. 1701)), and to the Committee 

7 on Armed Services and the Committee on Homeland 

8 Security of the House of Representatives, and the 

9 Committee on Homeland Security and Governmental 

10 Affairs and the Committee on Armed Services of the 

11 Senate. 

12 (6) TREATMENT OF CLASSIFIED OR LAW EN13 FORCEMENT SENSITIVE INFORMATION.—Any con14 tent of the Southwest Border Counternarcotics 

15 Strategy that involves information classified under 

16 criteria established by an Executive order, or whose 

17 public disclosure, as determined by the Director or 

18 the head of any relevant National Drug Control Pro19 gram agency, would be detrimental to the law en20 forcement or national security activities of any Fed21 eral, State, or local agency, shall be presented to 

22 Congress separately from the rest of the strategy. 

23 SEC. 6. AMENDMENTS RELATING TO COORDINATION WITH 

24 OTHER AGENCIES. 

25 Section 705 (21 U.S.C. 1704) is amended—
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•HR 2829 IH 

1 (1) in subsection (a)(1)(A), by striking 

2 ‘‘abuse’’; 

3 (2) in subsection (a)(2), by striking ‘‘Director 

4 of Central Intelligence’’ each time it appears and in5 serting ‘‘Director of National Intelligence and the 

6 Director of the Central Intelligence Agency’’; 

7 (3) by amending paragraph (3) of subsection 

8 (a) to read as follows: 

9 ‘‘(3) REQUIRED REPORTS.—

10 ‘‘(A) SECRETARIES OF THE INTERIOR AND

11 AGRICULTURE.—The Secretaries of Agriculture 

12 and Interior shall, by July 1 of each year, joint13 ly submit to the Director, the appropriate con14 gressional committees, the Committee on Agri15 culture and the Committee on Resources of the 

16 House of Representatives, and the Committee 

17 on Agriculture and the Committee on Energy 

18 and Natural Resources of the Senate, an as19 sessment of the quantity of illegal drug cultiva20 tion and manufacturing in the United States on 

21 lands owned or under the jurisdiction of the 

22 Federal Government for the preceding year. 

23 ‘‘(B) ATTORNEY GENERAL.—The Attorney 

24 General shall, by July 1 of each year, submit to 

25 the Director and the appropriate congressional 
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•HR 2829 IH 

1 committees information for the preceding year 

2 regarding the number and type of—

3 ‘‘(i) arrests for drug violations; 

4 ‘‘(ii) prosecutions for drug violations 

5 by United States Attorneys; and 

6 ‘‘(iii) seizures of drugs by each com7 ponent of the Department of Justice seiz8 ing drugs, as well as statistical information 

9 on the geographic areas of such seizures. 

10 ‘‘(C) SECRETARY OF HOMELAND SECU11 RITY.—The Secretary of Homeland Security 

12 shall, by July 1 of each year, submit to the Di13 rector, the appropriate congressional commit14 tees, and the Committee on Homeland Security 

15 of the House of Representatives, and the Com16 mittee on Homeland Security and Govern17 mental Affairs of the Senate, information for 

18 the preceding year regarding—

19 ‘‘(i) the number and type of seizures 

20 of drugs by each component of the Depart21 ment of Homeland Security seizing drugs, 

22 as well as statistical information on the ge23 ographic areas of such seizures; and 

24 ‘‘(ii) the number of air and maritime 

25 patrol hours undertaken by each compo-
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•HR 2829 IH 

1 nent of that Department primarily dedi2 cated to drug supply reduction missions. 

3 ‘‘(D) SECRETARY OF DEFENSE.—The Sec4 retary of Defense shall, by July 1 of each year, 

5 submit to the Director, the appropriate congres6 sional committees, the Committee on Armed 

7 Services of the House of Representatives, and 

8 the Committee on Armed Services of the Sen9 ate, information for the preceding year regard10 ing the number of air and maritime patrol 

11 hours primarily dedicated to drug supply reduc12 tion missions undertaken by each component of 

13 the Department of Defense.’’; 

14 (4) in subsection (b)(2)(B), by striking ‘‘Pro15 gram.’’ and inserting ‘‘Strategy.’’; and 

16 (5) in subsection (c), by striking ‘‘in’’ and in17 serting ‘‘on’’. 

18 SEC. 7. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

19 AND ASSESSMENT OF NATIONAL DRUG CON20 TROL STRATEGY. 

21 Section 706 (21 U.S.C. 1705) is amended to read as 

22 follows: 
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•HR 2829 IH 

1 ‘‘SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

2 AND ASSESSMENT OF NATIONAL DRUG CON3 TROL STRATEGY. 

4 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVEL5 OPMENT AND SUBMISSION OF NATIONAL DRUG CONTROL

6 STRATEGY.—

7 ‘‘(1) IN GENERAL.—Not later than February 1 

8 of each year, the President shall submit to Congress 

9 a National Drug Control Strategy, which shall set 

10 forth a comprehensive plan for reducing illicit drug 

11 use and the consequences of illicit drug use in the 

12 United States by reducing the demand for illegal 

13 drugs, limiting the availability of illegal drugs, and 

14 conducting law enforcement activities with respect to 

15 illegal drugs. 

16 ‘‘(2) CONTENTS.—

17 ‘‘(A) IN GENERAL.—The National Drug 

18 Control Strategy submitted under paragraph 

19 (1) shall include the following: 

20 ‘‘(i) Comprehensive, research-based, 

21 long-range, and quantifiable goals for re22 ducing illicit drug use and the con23 sequences of illicit drug use in the United 

24 States. 

25 ‘‘(ii) Annual quantifiable objectives for 

26 demand reduction, supply reduction, and 
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•HR 2829 IH 

1 law enforcement activities, specific targets 

2 to accomplish long-range quantifiable re3 duction in illicit drug use as determined by 

4 the Director, and specific measurements to 

5 evaluate progress toward the targets and 

6 strategic goals. 

7 ‘‘(iii) A strategy to reduce the avail8 ability and purity of illegal drugs and the 

9 level of drug-related crime in the United 

10 States. 

11 ‘‘(iv) An assessment of Federal effec12 tiveness in achieving the National Drug 

13 Control Strategy for the previous year, in14 cluding a specific evaluation of whether the 

15 objectives and targets for reducing illicit 

16 drug use for the previous year were met 

17 and reasons for the success or failure of 

18 the previous year’s Strategy. 

19 ‘‘(v) Notification of any program or 

20 budget priorities that the Director expects 

21 to significantly change from the current 

22 Strategy over the next five years. 

23 ‘‘(vi) A review of international, State, 

24 and local drug control activities to ensure 

25 that the United States pursues well-coordi-
33

•HR 2829 IH 

1 nated and effective drug control at all lev2 els of government. 

3 ‘‘(vii) A review of demand reduction 

4 activities by private sector entities and 

5 community-based organizations, including 

6 faith-based organizations, to determine 

7 their effectiveness and the extent of co8 operation, coordination, and mutual sup9 port between such entities and organiza10 tions and Federal, State, and local govern11 ment agencies. 

12 ‘‘(viii) An assessment of current illicit 

13 drug use (including inhalants and steroids) 

14 and availability, impact of illicit drug use, 

15 and treatment availability, which assess16 ment shall include—

17 ‘‘(I) estimates of drug prevalence 

18 and frequency of use as measured by 

19 national, State, and local surveys of il20 licit drug use and by other special 

21 studies of nondependent and depend22 ent illicit drug use; 

23 ‘‘(II) illicit drug use in the work24 place and the productivity lost by such 

25 use; and 
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•HR 2829 IH 

1 ‘‘(III) illicit drug use by 

2 arrestees, probationers, and parolees. 

3 ‘‘(ix) An assessment of the reduction 

4 of illicit drug availability, as measured 

5 by—

6 ‘‘(I) the quantities of cocaine, 

7 heroin, marijuana, methamphetamine, 

8 ecstasy, and other drugs available for 

9 consumption in the United States; 

10 ‘‘(II) the amount of marijuana, 

11 cocaine, heroin, methamphetamine, ec12 stasy, and precursor chemicals and 

13 other drugs entering the United 

14 States; 

15 ‘‘(III) the number of illicit drug 

16 manufacturing laboratories seized and 

17 destroyed and the number of hectares 

18 of marijuana, poppy, and coca cul19 tivated and destroyed domestically 

20 and in other countries; 

21 ‘‘(IV) the number of metric tons 

22 of marijuana, heroin, cocaine, and 

23 methamphetamine seized and other 

24 drugs; and 
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•HR 2829 IH 

1 ‘‘(V) changes in the price and 

2 purity of heroin, methamphetamine, 

3 and cocaine, changes in the price of 

4 ecstasy, and changes in 

5 tetrahydrocannabinol level of mari6 juana and other drugs. 

7 ‘‘(x) An assessment of the reduction 

8 of the consequences of illicit drug use and 

9 availability, which shall include—

10 ‘‘(I) the burden illicit drug users 

11 place on hospital emergency depart12 ments in the United States, such as 

13 the quantity of illicit drug-related 

14 services provided; 

15 ‘‘(II) the annual national health 

16 care cost of illicit drug use; and 

17 ‘‘(III) the extent of illicit drug18 related crime and criminal activity. 

19 ‘‘(xi) A determination of the status of 

20 drug treatment in the United States, by 

21 assessing—

22 ‘‘(I) public and private treatment 

23 utilization; and 
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•HR 2829 IH 

1 ‘‘(II) the number of illicit drug 

2 users the Director estimates meet di3 agnostic criteria for treatment. 

4 ‘‘(xii) A review of the research agenda 

5 of the Counterdrug Technology Assessment 

6 Center to reduce the availability and abuse 

7 of drugs. 

8 ‘‘(xiii) A summary of the efforts made 

9 to coordinate with private sector entities to 

10 conduct private research and development 

11 of medications to treat addiction by—

12 ‘‘(I) screening chemicals for po13 tential therapeutic value; 

14 ‘‘(II) developing promising com15 pounds; 

16 ‘‘(III) conducting clinical trials; 

17 ‘‘(IV) seeking Food and Drug 

18 Administration approval for drugs to 

19 treat addiction; 

20 ‘‘(V) marketing the drug for the 

21 treatment of addiction; 

22 ‘‘(VI) urging physicians to use 

23 the drug in the treatment of addic24 tion; and 
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•HR 2829 IH 

1 ‘‘(VII) encouraging insurance 

2 companies to reimburse the cost of 

3 the drug for the treatment of addic4 tion. 

5 ‘‘(xiv) Such additional statistical data 

6 and information as the Director considers 

7 appropriate to demonstrate and assess 

8 trends relating to illicit drug use, the ef9 fects and consequences of illicit drug use, 

10 supply reduction, demand reduction, drug11 related law enforcement, and the imple12 mentation of the National Drug Control 

13 Strategy. 

14 ‘‘(xv) A supplement reviewing the ac15 tivities of each individual National Drug 

16 Control Program agency during the pre17 vious year with respect to the National 

18 Drug Control Strategy and the Director’s 

19 assessment of the progress of each Na20 tional Drug Control Program agency in 

21 meeting its responsibilities under the Na22 tional Drug Control Strategy. 

23 ‘‘(B) CLASSIFIED INFORMATION.—Any 

24 contents of the National Drug Control Strategy 

25 that involve information properly classified 
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•HR 2829 IH 

1 under criteria established by an Executive order 

2 shall be presented to Congress separately from 

3 the rest of the National Drug Control Strategy. 

4 ‘‘(C) SELECTION OF DATA AND INFORMA5 TION.—In selecting data and information for 

6 inclusion under subparagraph (A), the Director 

7 shall ensure—

8 ‘‘(i) the inclusion of data and informa9 tion that will permit analysis of current 

10 trends against previously compiled data 

11 and information where the Director be12 lieves such analysis enhances long-term as13 sessment of the National Drug Control 

14 Strategy; and 

15 ‘‘(ii) the inclusion of data and infor16 mation to permit a standardized and uni17 form assessment of the effectiveness of 

18 drug treatment programs in the United 

19 States. 

20 ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB21 MISSION.—

22 ‘‘(A) CONSULTATION.—In developing and 

23 effectively implementing the National Drug 

24 Control Strategy, the Director—

25 ‘‘(i) shall consult with—
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•HR 2829 IH 

1 ‘‘(I) the heads of the National 

2 Drug Control Program agencies; 

3 ‘‘(II) Congress; 

4 ‘‘(III) State and local officials; 

5 ‘‘(IV) private citizens and organi6 zations, including community- and 

7 faith-based organizations, with experi8 ence and expertise in demand reduc9 tion; 

10 ‘‘(V) private citizens and organi11 zations with experience and expertise 

12 in supply reduction; 

13 ‘‘(VI) private citizens and organi14 zations with experience and expertise 

15 in law enforcement; and 

16 ‘‘(VII) appropriate representa17 tives of foreign governments; 

18 ‘‘(ii) with the concurrence of the At19 torney General, may require the El Paso 

20 Intelligence Center to undertake specific 

21 tasks or projects to implement the Na22 tional Drug Control Strategy; 

23 ‘‘(iii) with the concurrence of the Di24 rector of National Intelligence and the At25 torney General, may request that the Na-
40

•HR 2829 IH 

1 tional Drug Intelligence Center undertake 

2 specific tasks or projects to implement the 

3 National Drug Control Strategy; and 

4 ‘‘(iv) may make recommendations to 

5 the Secretary of Health and Human Serv6 ices on research that supports or advances 

7 the National Drug Control Strategy. 

8 ‘‘(B) COMMITMENT TO SUPPORT STRAT9 EGY.—In satisfying the requirements of sub10 paragraph (A)(i), the Director shall ensure, to 

11 the maximum extent possible, that State and 

12 local officials and relevant private organizations 

13 commit to support and take steps to achieve the 

14 goals and objectives of the National Drug Con15 trol Strategy. 

16 ‘‘(C) RECOMMENDATIONS.—Recommenda17 tions under subparagraph (A)(iv) may include 

18 recommendations of research to be performed 

19 at the National Institutes of Health, including 

20 the National Institute on Drug Abuse, or any 

21 other appropriate agency within the Depart22 ment of Health and Human Services. 

23 ‘‘(D) INCLUSION IN STRATEGY.—The Na24 tional Drug Control Strategy under this sub-
41

•HR 2829 IH 

1 section shall include a list of each entity con2 sulted under subparagraph (A)(i). 

3 ‘‘(4) SUBMISSION OF REVISED STRATEGY.—The 

4 President may submit to Congress a revised Na5 tional Drug Control Strategy that meets the require6 ments of this section—

7 ‘‘(A) at any time, upon a determination by 

8 the President, in consultation with the Director, 

9 that the National Drug Control Strategy in ef10 fect is not sufficiently effective; or 

11 ‘‘(B) if a new President or Director takes 

12 office. 

13 ‘‘(b) PERFORMANCE MEASUREMENT SYSTEM.—Not 

14 later than February 1 of each year, the Director shall sub15 mit to Congress, as part of the National Drug Control 

16 Strategy, a description of a national drug control perform17 ance measurement system that—

18 ‘‘(1) develops 2-year and 5-year performance 

19 measures and targets for each National Drug Con20 trol Strategy goal and objective established for re21 ducing drug use, drug availability, and the con22 sequences of drug use; 

23 ‘‘(2) describes the sources of information and 

24 data that will be used for each performance measure 
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•HR 2829 IH 

1 incorporated into the performance measurement sys2 tem; 

3 ‘‘(3) identifies major programs and activities of 

4 the National Drug Control Program agencies that 

5 support the goals and annual objectives of the Na6 tional Drug Control Strategy; 

7 ‘‘(4) evaluates the contribution of demand re8 duction and supply reduction activities implemented 

9 by each National Drug Control Program agency in 

10 support of the National Drug Control Strategy; 

11 ‘‘(5) monitors consistency of drug-related goals 

12 and objectives among the National Drug Control 

13 Program agencies and ensures that each agency’s 

14 goals, objectives, and budgets support and are fully 

15 consistent with the National Drug Control Strategy; 

16 and 

17 ‘‘(6) coordinates the development and imple18 mentation of national drug control data collection 

19 and reporting systems to support policy formulation 

20 and performance measurement, including an assess21 ment of—

22 ‘‘(A) the quality of current drug use meas23 urement instruments and techniques to measure 

24 supply reduction and demand reduction activi25 ties; 
43

•HR 2829 IH 

1 ‘‘(B) the adequacy of the coverage of exist2 ing national drug use measurement instruments 

3 and techniques to measure the illicit drug user 

4 population, and groups that are at risk for il5 licit drug use; and 

6 ‘‘(C) the adequacy of the coverage of exist7 ing national treatment outcome monitoring sys8 tems to measure the effectiveness of drug abuse 

9 treatment in reducing illicit drug use and crimi10 nal behavior during and after the completion of 

11 substance abuse treatment; and 

12 ‘‘(7) identifies the actions the Director shall 

13 take to correct any inadequacies, deficiencies, or lim14 itations identified in the assessment described in 

15 paragraph (6). 

16 ‘‘(c) MODIFICATIONS.—A description of any modi17 fications made during the preceding year to the national 

18 drug performance measurement system described in sub19 section (b) shall be included in each report submitted 

20 under subsection (a).’’. 

21 SEC. 8. HIGH INTENSITY DRUG TRAFFICKING AREAS PRO22 GRAM. 

23 Section 707 (21 U.S.C. 1706) is amended to read as 

24 follows: 
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•HR 2829 IH 

1 ‘‘SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS 

2 PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—There is established in the 

5 Office a program to be known as the High Intensity 

6 Drug Trafficking Areas Program (in this section re7 ferred to as the ‘Program’). 

8 ‘‘(2) PURPOSE.—The purpose of the Program 

9 is to reduce drug trafficking and drug production in 

10 the United States by—

11 ‘‘(A) facilitating cooperation among Fed12 eral, State, and local law enforcement agencies 

13 to share information and implement coordinated 

14 enforcement activities; 

15 ‘‘(B) enhancing intelligence sharing among 

16 Federal, State, and local law enforcement agen17 cies; 

18 ‘‘(C) providing reliable intelligence to law 

19 enforcement agencies needed to design effective 

20 enforcement strategies and operations; and 

21 ‘‘(D) supporting coordinated law enforce22 ment strategies which maximize use of available 

23 resources to reduce the supply of illegal drugs 

24 in designated areas and in the United States as 

25 a whole. 
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•HR 2829 IH 

1 ‘‘(b) DESIGNATION.—The Director, upon consulta2 tion with the Attorney General, the Secretary of the 

3 Treasury, the Secretary of Homeland Security, heads of 

4 the National Drug Control Program agencies, and the 

5 Governor of each applicable State, may designate any 

6 specified area of the United States as a high intensity 

7 drug trafficking area. After making such a designation 

8 and in order to provide Federal assistance to the area so 

9 designated, the Director may—

10 ‘‘(1) obligate such sums as are appropriated for 

11 the Program; 

12 ‘‘(2) direct the temporary reassignment of Fed13 eral personnel to such area, subject to the approval 

14 of the head of the department or agency that em15 ploys such personnel; 

16 ‘‘(3) take any other action authorized under 

17 section 704 to provide increased Federal assistance 

18 to those areas; and 

19 ‘‘(4) coordinate activities under this section 

20 (specifically administrative, recordkeeping, and funds 

21 management activities) with State and local officials. 

22 ‘‘(c) PETITIONS FOR DESIGNATION.—The Director 

23 shall establish regulations under which a coalition of inter24 ested law enforcement agencies from an area may petition 

25 for designation as a high intensity drug trafficking area. 
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•HR 2829 IH 

1 Such regulations shall provide for a regular review by the 

2 Director of the petition, including a recommendation re3 garding the merit of the petition to the Director by a panel 

4 of qualified, independent experts. 

5 ‘‘(d) FACTORS FOR CONSIDERATION.—In considering 

6 whether to designate an area under this section as a high 

7 intensity drug trafficking area, the Director shall consider, 

8 in addition to such other criteria as the Director considers 

9 to be appropriate, the extent to which—

10 ‘‘(1) the area is a significant center of illegal 

11 drug production, manufacturing, importation, or dis12 tribution; 

13 ‘‘(2) State and local law enforcement agencies 

14 have committed resources to respond to the drug 

15 trafficking problem in the area, thereby indicating a 

16 determination to respond aggressively to the prob17 lem; 

18 ‘‘(3) drug-related activities in the area are hav19 ing a significant harmful impact in the area, and in 

20 other areas of the country; and 

21 ‘‘(4) a significant increase in allocation of Fed22 eral resources is necessary to respond adequately to 

23 drug-related activities in the area. 

24 ‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG

25 TRAFFICKING AREAS.—
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•HR 2829 IH 

1 ‘‘(1) EXECUTIVE BOARD AND OFFICERS.—To 

2 be eligible for funds appropriated under this section, 

3 each high intensity drug trafficking area shall be 

4 governed by an Executive Board. The Executive 

5 Board shall designate a president, vice president, 

6 and any other officers to the Executive Board that 

7 it determines are necessary. 

8 ‘‘(2) RESPONSIBILITIES.—The Executive Board 

9 of a high intensity drug trafficking area shall be re10 sponsible for—

11 ‘‘(A) providing direction and oversight in 

12 establishing and achieving the goals of the high 

13 intensity drug trafficking area; 

14 ‘‘(B) managing the funds of the high in15 tensity drug trafficking area; 

16 ‘‘(C) reviewing and approving all funding 

17 proposals consistent with the overall objective of 

18 the high intensity drug trafficking area; and 

19 ‘‘(D) reviewing and approving all reports 

20 to the Director on the activities of the high in21 tensity drug trafficking area. 

22 ‘‘(3) BOARD REPRESENTATION.—None of the 

23 funds appropriated under this section may be ex24 pended for any high intensity drug trafficking area, 

25 or for a partnership or region of a high intensity 
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•HR 2829 IH 

1 drug trafficking area, if that area’s, region’s or part2 nership’s Executive Board is not comprised of equal 

3 voting representation between representatives of par4 ticipating Federal law enforcement or prosecution 

5 agencies and representatives of participating State 

6 and local law enforcement or prosecution agencies. 

7 Nothing in this paragraph precludes an Executive 

8 Board from including additional, nonvoting members 

9 representing Federal, State, or local agencies. 

10 ‘‘(4) NO AGENCY RELATIONSHIP.—The eligi11 bility requirements of this section are intended to 

12 ensure the responsible use of Federal funds. Nothing 

13 in this section is intended to create an agency rela14 tionship between individual high intensity drug traf15 ficking areas and the Federal Government. 

16 ‘‘(f) USE OF FUNDS.—The Director shall ensure that 

17 no Federal funds appropriated for the Program are ex18 pended for the establishment or expansion of drug treat19 ment or drug use prevention programs. 

20 ‘‘(g) COUNTERTERRORISM ACTIVITIES.—

21 ‘‘(1) ASSISTANCE AUTHORIZED.—The Director 

22 may authorize use of resources available for the Pro23 gram to assist Federal, State, and local law enforce24 ment agencies in investigations and activities related 

25 to terrorism and prevention of terrorism, especially 
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1 but not exclusively with respect to such investiga2 tions and activities that are also related to drug 

3 trafficking. 

4 ‘‘(2) LIMITATION.—The Director shall ensure—

5 ‘‘(A) that assistance provided under para6 graph (1) remains incidental to the purpose of 

7 the Program to reduce drug availability and 

8 carry out drug-related law enforcement activi9 ties; and 

10 ‘‘(B) that significant resources of the Pro11 gram are not redirected to activities exclusively 

12 related to terrorism, except on a temporary 

13 basis under extraordinary circumstances, as de14 termined by the Director. 

15 ‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA16 TION.—The Director, in consultation with the Attorney 

17 General, shall ensure that a representative of the Drug 

18 Enforcement Administration is included in the Intelligence 

19 Support Center for each high intensity drug trafficking 

20 area. 

21 ‘‘(i) ANNUAL HIDTA PROGRAM BUDGET SUBMIS22 SIONS.—As part of the documentation that supports the 

23 President’s annual budget request for the Office, the Di24 rector shall submit to Congress a budget justification that 

25 includes the following: 
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•HR 2829 IH 

1 ‘‘(1) The amount requested for each high inten2 sity drug trafficking area with supporting narrative 

3 descriptions and rationale for each request. 

4 ‘‘(2) A detailed justification for each funding 

5 request that explains the reasons for the requested 

6 funding level, how such funding level was determined 

7 based on a current assessment of the drug traf8 ficking threat in each high intensity drug trafficking 

9 area, how such funding will ensure that the goals 

10 and objectives of each such area will be achieved, 

11 and how such funding supports the National Drug 

12 Control Strategy. 

13 ‘‘(j) EMERGING THREAT RESPONSE FUND.—

14 ‘‘(1) IN GENERAL.—The Director may expend 

15 up to 10 percent of the amounts appropriated under 

16 this section on a discretionary basis, to respond to 

17 any emerging drug trafficking threat in an existing 

18 high intensity drug trafficking area, or to establish 

19 a new high intensity drug trafficking area or expand 

20 an existing high intensity drug trafficking area, in 

21 accordance with the criteria established under para22 graph (2). 

23 ‘‘(2) CONSIDERATION OF IMPACT.—In allo24 cating funds under this subsection, the Director 

25 shall consider—
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•HR 2829 IH 

1 ‘‘(A) the impact of activities funded on re2 ducing overall drug traffic in the United States, 

3 or minimizing the probability that an emerging 

4 drug trafficking threat will spread to other 

5 areas of the United States; and 

6 ‘‘(B) such other criteria as the Director 

7 considers appropriate. 

8 ‘‘(k) EVALUATION.—

9 ‘‘(1) INITIAL REPORT.—Not later than 90 days 

10 after the date of the enactment of this subsection, 

11 the Director shall, after consulting with the Execu12 tive Boards of each designated high intensity drug 

13 trafficking area, submit a report to Congress that 

14 describes, for each designated high intensity drug 

15 trafficking area—

16 ‘‘(A) the specific purposes for the high in17 tensity drug trafficking area; 

18 ‘‘(B) the specific long-term and short-term 

19 goals and objectives for the high intensity drug 

20 trafficking area; 

21 ‘‘(C) the measurements that will be used to 

22 evaluate the performance of the high intensity 

23 drug trafficking area in achieving the long-term 

24 and short-term goals; and 
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•HR 2829 IH 

1 ‘‘(D) the reporting requirements needed to 

2 evaluate the performance of the high intensity 

3 drug trafficking area in achieving the long-term 

4 and short-term goals. 

5 ‘‘(2) EVALUATION OF HIDTA PROGRAM AS PART

6 OF NATIONAL DRUG CONTROL STRATEGY.—For each 

7 designated high intensity drug trafficking area, the 

8 Director shall submit, as part of the annual National 

9 Drug Control Strategy report, a report that—

10 ‘‘(A) describes—

11 ‘‘(i) the specific purposes for the high 

12 intensity drug trafficking area; and 

13 ‘‘(ii) the specific long-term and short14 term goals and objectives for the high in15 tensity drug trafficking area; and 

16 ‘‘(B) includes an evaluation of the per17 formance of the high intensity drug trafficking 

18 area in accomplishing the specific long-term 

19 and short-term goals and objectives identified 

20 under paragraph (1)(B). 

21 ‘‘(l) ASSESSMENT OF DRUG ENFORCEMENT TASK

22 FORCES IN HIGH INTENSITY DRUG TRAFFICKING

23 AREAS.—Not later than 180 days after the date of enact24 ment of this subsection, and as part of each subsequent 
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•HR 2829 IH 

1 annual National Drug Control Strategy report, the Direc2 tor shall submit to Congress a report—

3 ‘‘(1) assessing the number and operation of all 

4 federally funded drug enforcement task forces within 

5 each high intensity drug trafficking area; and 

6 ‘‘(2) describing—

7 ‘‘(A) each Federal, State, and local drug 

8 enforcement task force operating in the high in9 tensity drug trafficking area; 

10 ‘‘(B) how such task forces coordinate with 

11 each other, with any high intensity drug traf12 ficking area task force, and with investigations 

13 receiving funds from the Organized Crime and 

14 Drug Enforcement Task Force; 

15 ‘‘(C) what steps, if any, each such task 

16 force takes to share information regarding drug 

17 trafficking and drug production with other fed18 erally funded drug enforcement task forces in 

19 the high intensity drug trafficking area; 

20 ‘‘(D) the role of the high intensity drug 

21 trafficking area in coordinating the sharing of 

22 such information among task forces; 

23 ‘‘(E) the nature and extent of cooperation 

24 by each Federal, State, and local participant in 

25 ensuring that such information is shared among 
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•HR 2829 IH 

1 law enforcement agencies and with the high in2 tensity drug trafficking area; 

3 ‘‘(F) the nature and extent to which infor4 mation sharing and enforcement activities are 

5 coordinated with joint terrorism task forces in 

6 the high intensity drug trafficking area; and 

7 ‘‘(G) any recommendations for measures 

8 needed to ensure that task force resources are 

9 utilized efficiently and effectively to reduce the 

10 availability of illegal drugs in the high intensity 

11 drug trafficking areas. 

12 ‘‘(m) ASSESSMENT OF INTELLIGENCE SHARING IN

13 HIGH INTENSITY DRUG TRAFFICKING AREAS—PRO14 GRAM.—Not later than 180 days after the date of the en15 actment of this subsection, and as part of each subsequent 

16 annual National Drug Control Strategy report, the Direc17 tor shall submit to Congress a report—

18 ‘‘(1) evaluating existing and planned intel19 ligence systems supported by each high intensity 

20 drug trafficking area, or utilized by task forces re21 ceiving any funding under the Program, including 

22 the extent to which such systems ensure access and 

23 availability of intelligence to Federal, State, and 

24 local law enforcement agencies within the high inten25 sity drug trafficking area and outside of it; 
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•HR 2829 IH 

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

2 local law enforcement agencies participating in each 

3 high intensity drug trafficking area are sharing in4 telligence information to assess current drug traf5 ficking threats and design appropriate enforcement 

6 strategies; and 

7 ‘‘(3) the measures needed to improve effective 

8 sharing of information and intelligence regarding 

9 drug trafficking and drug production among Fed10 eral, State, and local law enforcement participating 

11 in a high intensity drug trafficking area, and be12 tween such agencies and similar agencies outside the 

13 high intensity drug trafficking area. 

14 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

15 is authorized to be appropriated to the Office of National 

16 Drug Control Policy to carry out this section—

17 ‘‘(1) $280,000,000 for fiscal year 2006; 

18 ‘‘(2) $290,000,000 for each of fiscal years 2007 

19 and 2008; and 

20 ‘‘(3) $300,000,000 for each of fiscal years 2009 

21 and 2010.’’. 

22 SEC. 9. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

23 TRAFFICKING AREAS. 

24 (a) SHORT TITLE.—This section may be cited as the 

25 ‘‘Dawson Family Community Protection Act’’. 
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1 (b) FINDINGS.—Congress finds the following: 

2 (1) In the early morning hours of October 16, 

3 2002, the home of Carnell and Angela Dawson was 

4 firebombed in apparent retaliation for Mrs. 

5 Dawson’s notification of police about persistent drug 

6 distribution activity in their East Baltimore City 

7 neighborhood. 

8 (2) The arson claimed the lives of Mr. and Mrs. 

9 Dawson and their 5 young children, aged 9 to 14. 

10 (3) The horrific murder of the Dawson family 

11 is a stark example of domestic narco-terrorism. 

12 (4) In all phases of counter-narcotics law en13 forcement—from prevention to investigation to pros14 ecution to reentry—the voluntary cooperation of or15 dinary citizens is a critical component. 

16 (5) Voluntary cooperation is difficult for law en17 forcement officials to obtain when citizens feel that 

18 cooperation carries the risk of violent retaliation by 

19 illegal drug trafficking organizations and their affili20 ates. 

21 (6) Public confidence that law enforcement is 

22 doing all it can to make communities safe is a pre23 requisite for voluntary cooperation among people 

24 who may be subject to intimidation or reprisal (or 

25 both). 
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1 (7) Witness protection programs are insufficient 

2 on their own to provide security because many indi3 viduals and families who strive every day to make 

4 distressed neighborhoods livable for their children, 

5 other relatives, and neighbors will resist or refuse of6 fers of relocation by local, State, and Federal pros7 ecutorial agencies and because, moreover, the contin8 ued presence of strong individuals and families is 

9 critical to preserving and strengthening the social 

10 fabric in such communities. 

11 (8) Where (as in certain sections of Baltimore 

12 City) interstate trafficking of illegal drugs has severe 

13 ancillary local consequences within areas designated 

14 as high intensity drug trafficking areas, it is impor15 tant that supplementary High Intensity Drug Traf16 ficking Areas Program funds be committed to sup17 port initiatives aimed at making the affected com18 munities safe for the residents of those communities 

19 and encouraging their cooperation with local, State, 

20 and Federal law enforcement efforts to combat ille21 gal drug trafficking. 

22 (c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG

23 TRAFFICKING AREAS.—Section 707 (21 U.S.C. 1706), as 

24 amended by section 8, is further amended by adding at 

25 the end the following new subsection: 
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•HR 2829 IH 

1 ‘‘(o) SPECIFIC PURPOSES.—

2 ‘‘(1) IN GENERAL.—The Director shall ensure 

3 that, of the amounts appropriated for a fiscal year 

4 for the Program, at least $5,000,000 is used in high 

5 intensity drug trafficking areas with severe neigh6 borhood safety and illegal drug distribution prob7 lems. 

8 ‘‘(2) REQUIRED USES.—The funds used under 

9 paragraph (1) shall be used—

10 ‘‘(A) to ensure the safety of neighborhoods 

11 and the protection of communities, including 

12 the prevention of the intimidation of potential 

13 witnesses of illegal drug distribution and related 

14 activities; and 

15 ‘‘(B) to combat illegal drug trafficking 

16 through such methods as the Director considers 

17 appropriate, such as establishing or operating 

18 (or both) a toll-free telephone hotline for use by 

19 the public to provide information about illegal 

20 drug-related activities.’’. 

21 SEC. 10. AMENDMENTS RELATING TO COUNTER-DRUG 

22 TECHNOLOGY ASSESSMENT CENTER. 

23 (a) CHIEF SCIENTIST.—Section 708(b) (21 U.S.C. 

24 1707(b)) is amended—
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•HR 2829 IH 

1 (1) in the heading by striking ‘‘DIRECTOR OF

2 TECHNOLOGY.—’’ and inserting ‘‘CHIEF SCI3 ENTIST.—’’; and 

4 (2) by striking ‘‘Director of Technology,’’ and 

5 inserting ‘‘Chief Scientist,’’. 

6 (b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.—

7 Section 708(c) (21 U.S.C. 1707(c)) is amended to read 

8 as follows: 

9 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE DIREC10 TOR OF NATIONAL DRUG CONTROL POLICY.—

11 ‘‘(1) IN GENERAL.—The Director, acting 

12 through the Chief Scientist shall—

13 ‘‘(A) identify and define the short-, me14 dium-, and long-term scientific and techno15 logical needs of Federal, State, and local law 

16 enforcement agencies relating to drug enforce17 ment, including—

18 ‘‘(i) advanced surveillance, tracking, 

19 and radar imaging; 

20 ‘‘(ii) electronic support measures; 

21 ‘‘(iii) communications; 

22 ‘‘(iv) data fusion, advanced computer 

23 systems, and artificial intelligence; and 
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•HR 2829 IH 

1 ‘‘(v) chemical, biological, radiological 

2 (including neutron, electron, and graviton), 

3 and other means of detection; 

4 ‘‘(B) identify demand reduction (including 

5 drug prevention) basic and applied research 

6 needs and initiatives, in consultation with af7 fected National Drug Control Program agen8 cies, including—

9 ‘‘(i) improving treatment through 

10 neuroscientific advances; 

11 ‘‘(ii) improving the transfer of bio12 medical research to the clinical setting; and 

13 ‘‘(iii) in consultation with the Na14 tional Institute on Drug Abuse and the 

15 Substance Abuse and Mental Health Serv16 ices Administration, and through inter17 agency agreements or grants, examining 

18 addiction and rehabilitation research and 

19 the application of technology to expanding 

20 the effectiveness or availability of drug 

21 treatment; 

22 ‘‘(C) make a priority ranking of such needs 

23 identified in subparagraphs (A) and (B) accord24 ing to fiscal and technological feasibility, as 
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1 part of a National Counterdrug Research and 

2 Development Program; 

3 ‘‘(D) oversee and coordinate counterdrug 

4 technology initiatives with related activities of 

5 other Federal civilian and military departments; 

6 ‘‘(E) provide support to the development 

7 and implementation of the national drug control 

8 performance measurement system established 

9 under subsection (b) of section 706; 

10 ‘‘(F) with the advice and counsel of experts 

11 from State and local law enforcement agencies, 

12 oversee and coordinate a technology transfer 

13 program for the transfer of technology to State 

14 and local law enforcement agencies; and 

15 ‘‘(G) pursuant to the authority of the Di16 rector of National Drug Control Policy under 

17 section 704, submit requests to Congress for 

18 the reprogramming or transfer of funds appro19 priated for counterdrug technology research and 

20 development. 

21 ‘‘(2) PRIORITIES IN TRANSFERRING TECH22 NOLOGY.—

23 ‘‘(A) IN GENERAL.—The Chief Scientist 

24 shall give priority, in transferring technology 
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•HR 2829 IH 

1 under paragraph (1)(F), based on the following 

2 criteria: 

3 ‘‘(i) the need of potential recipients 

4 for such technology; 

5 ‘‘(ii) the effectiveness of the tech6 nology to enhance current counterdrug ac7 tivities of potential recipients; and 

8 ‘‘(iii) the ability and willingness of po9 tential recipients to evaluate transferred 

10 technology. 

11 ‘‘(B) INTERDICTION AND BORDER DRUG

12 LAW ENFORCEMENT TECHNOLOGIES.—The 

13 Chief Scientist shall give priority, in transfer14 ring technologies most likely to assist in drug 

15 interdiction and border drug law enforcement, 

16 to State, local, and tribal law enforcement agen17 cies in southwest border areas and northern 

18 border areas with significant traffic in illicit 

19 drugs. 

20 ‘‘(3) LIMITATION ON AUTHORITY.—The author21 ity granted to the Director under this subsection 

22 shall not extend to the direct management of indi23 vidual projects or other operational activities. 

24 ‘‘(4) REPORT.—On or before July 1 of each 

25 year, the Director shall submit a report to the ap-
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•HR 2829 IH 

1 propriate congressional committees that addresses 

2 the following: 

3 ‘‘(A) The number of requests received dur4 ing the previous 12 months, including the iden5 tity of each requesting agency and the type of 

6 technology requested. 

7 ‘‘(B) The number of requests fulfilled dur8 ing the previous 12 months, including the iden9 tity of each recipient agency and the type of 

10 technology transferred. 

11 ‘‘(C) A summary of the criteria used in 

12 making the determination on what requests 

13 were funded and what requests were not fund14 ed, except that such summary shall not include 

15 specific information on any individual requests. 

16 ‘‘(D) A general assessment of the future 

17 needs of the program, based on expected 

18 changes in threats, expected technologies, and 

19 likely need from potential recipients. 

20 ‘‘(E) An assessment of the effectiveness of 

21 the technologies transferred, based in part on 

22 the evaluations provided by the recipients, with 

23 a recommendation whether the technology 

24 should continue to be offered through the pro25 gram.’’. 
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1 (c) ASSISTANCE FROM SECRETARY OF HOMELAND

2 SECURITY.—Section 708(d) (21 U.S.C. 1707(d)) is 

3 amended by inserting ‘‘, the Secretary of Homeland Secu4 rity,’’ after ‘‘The Secretary of Defense’’. 

5 SEC. 11. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

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

7 amended to read as follows: 

8 ‘‘SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

9 ‘‘(a) IN GENERAL.—The Director shall conduct a na10 tional youth anti-drug media campaign (referred to in this 

11 subtitle as the ‘national media campaign’) in accordance 

12 with this section for the purposes of—

13 ‘‘(1) preventing drug abuse among young peo14 ple in the United States; 

15 ‘‘(2) increasing awareness of adults of the im16 pact of drug abuse on young people; and 

17 ‘‘(3) encouraging parents and other interested 

18 adults to discuss with young people the dangers of 

19 illegal drug use. 

20 ‘‘(b) USE OF FUNDS.—

21 ‘‘(1) IN GENERAL.—Amounts made available to 

22 carry out this section for the national media cam23 paign may only be used for the following: 
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•HR 2829 IH 

1 ‘‘(A) The purchase of media time and 

2 space, including the strategic planning for, and 

3 accounting of, such purchases. 

4 ‘‘(B) Creative and talent costs, consistent 

5 with paragraph (2)(A). 

6 ‘‘(C) Advertising production costs. 

7 ‘‘(D) Testing and evaluation of advertising. 

8 ‘‘(E) Evaluation of the effectiveness of the 

9 national media campaign. 

10 ‘‘(F) The negotiated fees for the winning 

11 bidder on requests for proposals issued either 

12 by the Office or its designee to enter into con13 tracts to carry out activities authorized by this 

14 section. 

15 ‘‘(G) Partnerships with professional and 

16 civic groups, community-based organizations, 

17 including faith-based organizations, and govern18 ment organizations related to the national 

19 media campaign. 

20 ‘‘(H) Entertainment industry outreach, 

21 interactive outreach, media projects and activi22 ties, public information, news media outreach, 

23 and corporate sponsorship and participation. 

24 ‘‘(I) Operational and management ex25 penses. 
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•HR 2829 IH 

1 ‘‘(2) SPECIFIC REQUIREMENTS.—

2 ‘‘(A) CREATIVE SERVICES.—

3 ‘‘(i) In using amounts for creative and 

4 talent costs under paragraph (1)(B), the 

5 Director shall use creative services donated 

6 at no cost to the Government (including 

7 creative services provided by the Partner8 ship for a Drug-Free America) wherever 

9 feasible and may only procure creative 

10 services for advertising—

11 ‘‘(I) responding to high-priority 

12 or emergent campaign needs that can13 not timely be obtained at no cost; or 

14 ‘‘(II) intended to reach a minor15 ity, ethnic, or other special audience 

16 that cannot reasonably be obtained at 

17 no cost; or 

18 ‘‘(III) the Director determines 

19 that the Partnership for a Drug-Free 

20 America is unable to provide, pursu21 ant to subsection (d)(2)(B). 

22 ‘‘(ii) No more than $1,500,000 may 

23 be expended under this section each fiscal 

24 year on creative services, except that the 

25 Director may expend up to $2,000,000 in 
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•HR 2829 IH 

1 a fiscal year on creative services to meet 

2 urgent needs of the national media cam3 paign with advance approval from the 

4 Committee on Appropriations of the House 

5 of Representatives and of the Senate upon 

6 a showing of the circumstances causing 

7 such urgent needs of the national media 

8 campaign. 

9 ‘‘(B) TESTING AND EVALUATION OF AD10 VERTISING.—In using amounts for testing and 

11 evaluation of advertising under paragraph 

12 (1)(D), the Director shall test all advertise13 ments prior to use in the national media cam14 paign to ensure that the advertisements are ef15 fective and meet industry-accepted standards. 

16 The Director may waive this requirement for 

17 advertisements using no more than 10 percent 

18 of the purchase of advertising time purchased 

19 under this section in a fiscal year and no more 

20 than 10 percent of the advertising space pur21 chased under this section in a fiscal year, if the 

22 advertisements respond to emergent and time23 sensitive campaign needs or the advertisements 

24 will not be widely utilized in the national media 

25 campaign. 
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•HR 2829 IH 

1 ‘‘(C) EVALUATION OF EFFECTIVENESS OF

2 MEDIA CAMPAIGN.—In using amounts for the 

3 evaluation of the effectiveness of the national 

4 media campaign under paragraph (1)(E), the 

5 Director shall—

6 ‘‘(i) designate an independent entity 

7 to evaluate annually the effectiveness of 

8 the national media campaign based on 

9 data from—

10 ‘‘(I) the Monitoring the Future 

11 Study published by the Department of 

12 Health and Human Services; 

13 ‘‘(II) the Attitude Tracking 

14 Study published by the Partnership 

15 for a Drug Free America; 

16 ‘‘(III) the National Household 

17 Survey on Drug Abuse; and 

18 ‘‘(IV) other relevant studies or 

19 publications, as determined by the Di20 rector, including tracking and evalua21 tion data collected according to mar22 keting and advertising industry stand23 ards; and 

24 ‘‘(ii) ensure that the effectiveness of 

25 the national media campaign is evaluated 
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•HR 2829 IH 

1 in a manner that enables consideration of 

2 whether the national media campaign has 

3 contributed to reduction of illicit drug use 

4 among youth and such other measures of 

5 evaluation as the Director determines are 

6 appropriate. 

7 ‘‘(3) PURCHASE OF ADVERTISING TIME AND

8 SPACE.—For each fiscal year, not less than 77 per9 cent of the amounts appropriated under this section 

10 shall be used for the purchase of advertising time 

11 and space for the national media campaign, subject 

12 to the following exceptions: 

13 ‘‘(A) In any fiscal year for which less than 

14 $125,000,000 is appropriated for the national 

15 media campaign, not less than 82 percent of 

16 the amounts appropriated under this section 

17 shall be used for the purchase of advertising 

18 time and space for the national media cam19 paign. 

20 ‘‘(B) In any fiscal year for which more 

21 than $195,000,000 is appropriated under this 

22 section, not less than 72 percent shall be used 

23 for advertising production costs and the pur24 chase of advertising time and space for the na25 tional media campaign. 
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1 ‘‘(c) ADVERTISING.—In carrying out this section, the 

2 Director shall ensure that sufficient funds are allocated 

3 to meet the stated goals of the national media campaign. 

4 ‘‘(d) DIVISION OF RESPONSIBILITIES AND FUNC5 TIONS UNDER THE PROGRAM.—

6 ‘‘(1) IN GENERAL.—The Director, in consulta7 tion with the Partnership for a Drug-Free America, 

8 shall determine the overall purposes and strategy of 

9 the national media campaign. 

10 ‘‘(2) RESPONSIBILITIES.—

11 ‘‘(A) DIRECTOR.—The Director shall be 

12 responsible for implementing a focused national 

13 media campaign to meet the purposes set forth 

14 in subsection (a), and shall approve—

15 ‘‘(i) the strategy of the national media 

16 campaign; 

17 ‘‘(ii) all advertising and promotional 

18 material used in the national media cam19 paign; and 

20 ‘‘(iii) the plan for the purchase of ad21 vertising time and space for the national 

22 media campaign. 

23 ‘‘(B) THE PARTNERSHIP FOR A DRUG24 FREE AMERICA.—The Director shall request 
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•HR 2829 IH 

1 that the Partnership for a Drug-Free Amer2 ica—

3 ‘‘(i) develop and recommend strategies 

4 to achieve the goals of the national media 

5 campaign, including addressing national 

6 and local drug threats in specific regions 

7 or States, such as methamphetamine and 

8 ecstasy; 

9 ‘‘(ii) create all advertising to be used 

10 in the national media campaign, except ad11 vertisements that are—

12 ‘‘(I) provided by other nonprofit 

13 entities pursuant to subsection (f); 

14 ‘‘(II) intended to respond to 

15 high-priority or emergent campaign 

16 needs that cannot timely be obtained 

17 at no cost (not including production 

18 costs and talent reuse payments), pro19 vided that any such advertising mate20 rial is reviewed by the Partnership for 

21 a Drug-Free America; 

22 ‘‘(III) intended to reach a minor23 ity, ethnic, or other special audience 

24 that cannot be obtained at no cost 

25 (not including production costs and 
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•HR 2829 IH 

1 talent reuse payments), provided that 

2 any such advertising material is re3 viewed by the Partnership for a Drug4 Free America; or 

5 ‘‘(IV) any other advertisements 

6 that the Director determines that the 

7 Partnership for a Drug-Free America 

8 is unable to provide. 

9 ‘‘(C) MEDIA BUYING CONTRACTOR.—The 

10 Director shall enter into a contract with a 

11 media buying contractor to plan and purchase 

12 advertising time and space for the national 

13 media campaign. The media buying contractor 

14 shall not provide any other service or material, 

15 or conduct any other function or activity which 

16 the Director determines should be provided by 

17 the Partnership for a Drug-Free America. 

18 ‘‘(e) PROHIBITIONS.—None of the amounts made 

19 available under subsection (b) may be obligated or ex20 pended for any of the following: 

21 ‘‘(1) To supplant current antidrug community22 based coalitions. 

23 ‘‘(2) To supplant pro bono public service time 

24 donated by national and local broadcasting networks 

25 for other public service campaigns. 
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1 ‘‘(3) For partisan political purposes, or express 

2 advocacy in support of or to defeat any clearly iden3 tified candidate, clearly identified ballot initiative, or 

4 clearly identified legislative or regulatory proposal. 

5 ‘‘(4) To fund advertising that features any 

6 elected officials, persons seeking elected office, cabi7 net level officials, or other Federal officials employed 

8 pursuant to section 213 of Schedule C of title 5, 

9 Code of Federal Regulations. 

10 ‘‘(5) To fund advertising that does not contain 

11 a primary message intended to reduce or prevent il12 licit drug use. 

13 ‘‘(6) To fund advertising containing a primary 

14 message intended to promote support for the media 

15 campaign or private sector contributions to the 

16 media campaign. 

17 ‘‘(f) MATCHING REQUIREMENT.—

18 ‘‘(1) IN GENERAL.—Amounts made available 

19 under subsection (b) for media time and space shall 

20 be matched by an equal amount of non-Federal 

21 funds for the national media campaign, or be 

22 matched with in-kind contributions of the same 

23 value. 

24 ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RE25 LATIONSHIPREQUIREMENT.—The Director shall en-
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•HR 2829 IH 

1 sure that at least 70 percent of no-cost match adver2 tising provided directly relates to substance abuse 

3 prevention consistent with the specific purposes of 

4 the national media campaign, except that in any fis5 cal year in which less than $125,000,000 is appro6 priated to the national media campaign, the Director 

7 shall ensure that at least 85 percent of no-cost 

8 match advertising directly relates to substance abuse 

9 prevention consistent with the specific purposes of 

10 the national media campaign. 

11 ‘‘(3) NO-COST MATCH ADVERTISING NOT DI12 RECTLY RELATED.—The Director shall ensure that 

13 no-cost match advertising that does not directly re14 late to substance abuse prevention consistent with 

15 the purposes of the national media campaign in16 cludes a clear antidrug message. Such message is 

17 not required to be the primary message of the match 

18 advertising. 

19 ‘‘(4) SPONSORSHIP IDENTIFICATION.—Any ad20 vertising material donated to the national media 

21 campaign at no cost shall not be subject to the spon22 sorship identification provisions in section 317 of the 

23 Communications Act of 1934 (47 U.S.C. 317). 

24 ‘‘(g) FINANCIAL AND PERFORMANCE ACCOUNT25 ABILITY.—The Director shall cause to be performed—
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•HR 2829 IH 

1 ‘‘(1) audits and reviews of costs of the national 

2 media campaign pursuant to section 304C of the 

3 Federal Property and Administrative Services Act of 

4 1949 (41 U.S.C. 254d); and 

5 ‘‘(2) an audit to determine whether the costs of 

6 the national media campaign are allowable under 

7 section 306 of such Act (41 U.S.C. 256). 

8 ‘‘(h) REPORT TO CONGRESS.—The Director shall 

9 submit on an annual basis a report to Congress that de10 scribes—

11 ‘‘(1) the strategy of the national media cam12 paign and whether specific objectives of the media 

13 campaign were accomplished; 

14 ‘‘(2) steps taken to ensure that the national 

15 media campaign operates in an effective and effi16 cient manner consistent with the overall strategy 

17 and focus of the national media campaign; 

18 ‘‘(3) plans to purchase advertising time and 

19 space; 

20 ‘‘(4) policies and practices implemented to en21 sure that Federal funds are used responsibly to pur22 chase advertising time and space and eliminate the 

23 potential for waste, fraud, and abuse; and 
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•HR 2829 IH 

1 ‘‘(5) all contracts entered into with a corpora2 tion, partnership, or individual working on behalf of 

3 the national media campaign. 

4 ‘‘(i) LOCAL TARGET REQUIREMENT.—The Director 

5 shall, to the maximum extent feasible, use amounts made 

6 available under this section for media that focuses on, or 

7 includes specific information on, prevention or treatment 

8 resources for consumers within specific local areas. 

9 ‘‘(j) PREVENTION OF MARIJUANA USE.—

10 ‘‘(1) FINDINGS.—The Congress finds the fol11 lowing: 

12 ‘‘(A) 60 percent of adolescent admissions 

13 for drug treatment are based on marijuana use. 

14 ‘‘(B) Potency levels of contemporary mari15 juana, particularly hydroponically grown mari16 juana, are significantly higher than in the past, 

17 rising from under 1 percent of THC in the mid18 1970s to as high as 30 percent today. 

19 ‘‘(C) Contemporary research has dem20 onstrated that youths smoking marijuana early 

21 in life may be up to five times more likely to 

22 use hard drugs. 

23 ‘‘(D) Contemporary research has dem24 onstrated clear detrimental effects in adolescent 
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1 educational achievement resulting from mari2 juana use. 

3 ‘‘(E) Contemporary research has dem4 onstrated clear detrimental effects in adolescent 

5 brain development resulting from marijuana 

6 use. 

7 ‘‘(F) An estimated 9,000,000 Americans a 

8 year drive while under the influence of illegal 

9 drugs, including marijuana. 

10 ‘‘(G) Marijuana smoke contains 50 to 70 

11 percent more of certain cancer causing chemi12 cals than tobacco smoke. 

13 ‘‘(H) Teens who use marijuana are up to 

14 four times more likely to have a teen pregnancy 

15 than teens who have not. 

16 ‘‘(I) Federal law enforcement agencies 

17 have identified clear links suggesting that trade 

18 in hydroponic marijuana facilitates trade by 

19 criminal organizations in hard drugs, including 

20 heroin. 

21 ‘‘(J) Federal law enforcement agencies 

22 have identified possible links between trade in 

23 cannabis products and financing for terrorist 

24 organizations. 
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1 ‘‘(2) EMPHASIS ON PREVENTION OF YOUTH

2 MARIJUANA USE.—In conducting advertising and ac3 tivities otherwise authorized under this section, the 

4 Director may emphasize prevention of youth mari5 juana use. 

6 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

7 is authorized to be appropriated to the Office to carry out 

8 this section, $195,000,000 for each of fiscal years 2006 

9 and 2007 and $210,000,000 for each of fiscal years 2008 

10 through 2010.’’. 

11 (b) REPEAL OF SUPERSEDED PROVISIONS.—The 

12 Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 

13 et seq.) is repealed. 

14 SEC. 12. DRUG INTERDICTION. 

15 (a) IN GENERAL.—Section 711 (21 U.S.C. 1710) is 

16 amended to read as follows: 

17 ‘‘(a) UNITED STATES INTERDICTION COORDI18 NATOR.—

19 ‘‘(1) IN GENERAL.—The Deputy Director for 

20 Supply Reduction in the Office shall serve as the 

21 United States Interdiction Coordinator, and shall 

22 perform the duties of that position described in 

23 paragraph (2) and such other duties as may be de24 termined by the Director with respect to coordina-
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•HR 2829 IH 

1 tion of efforts to interdict illicit drugs from the 

2 United States. 

3 ‘‘(2) RESPONSIBILITIES.—The United States 

4 Interdiction Coordinator shall be responsible to the 

5 Director for 

6 ‘‘(A) coordinating the interdiction activities 

7 of the National Drug Control Program agencies 

8 to ensure consistency with the National Drug 

9 Control Strategy; 

10 ‘‘(B) developing and issuing, on or before 

11 March 1 of each year and in accordance with 

12 paragraph (3), a National Interdiction Com13 mand and Control Plan to ensure the coordina14 tion and consistency described in subparagraph 

15 (A); 

16 ‘‘(C) assessing the sufficiency of assets 

17 committed to illicit drug interdiction by the rel18 evant National Drug Control Program agencies; 

19 and 

20 ‘‘(D) advising the Director on the efforts 

21 of each National Drug Control Program agency 

22 to implement the National Interdiction Com23 mand and Control Plan. 

24 ‘‘(3) NATIONAL INTERDICTION COMMAND AND

25 CONTROL PLAN.—
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1 ‘‘(A) PURPOSES.—The National Interdic2 tion Command and Control Plan shall 

3 ‘‘(i) set forth the Government’s strat4 egy for drug interdiction; 

5 ‘‘(ii) state the specific roles and re6 sponsibilities of the relevant National Drug 

7 Control Program agencies for imple8 menting that strategy; and 

9 ‘‘(iii) identify the specific resources re10 quired to enable the relevant National 

11 Drug Control Program agencies to imple12 ment that strategy. 

13 ‘‘(B) CONSULTATION WITH OTHER AGEN14 CIES.—The United States Interdiction Coordi15 nator shall issue the National Interdiction Com16 mand and Control Plan in consultation with the 

17 other members of the Interdiction Committee 

18 described in subsection (b). 

19 ‘‘(C) LIMITATION.—The National Interdic20 tion Command and Control Plan shall not 

21 change existing agency authorities or the laws 

22 governing interagency relationships, but may in23 clude recommendations about changes to such 

24 authorities or laws. 
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1 ‘‘(D) REPORT TO CONGRESS.—On or be2 fore March 1 of each year, the United States 

3 Interdiction Coordinator shall provide a report 

4 to the appropriate congressional committees, to 

5 the Committee on Armed Services and the 

6 Committee on Homeland Security of the House 

7 of Representatives, and to the Committee on 

8 Homeland Security and Governmental Affairs 

9 and the Committee on Armed Services of the 

10 Senate, which shall include 

11 ‘‘(i) a copy of that year’s National 

12 Interdiction Command and Control Plan; 

13 ‘‘(ii) information for the previous 10 

14 years regarding the number and type of 

15 seizures of drugs by each National Drug 

16 Control Program agency conducting drug 

17 interdiction activities, as well as statistical 

18 information on the geographic areas of 

19 such seizures; and 

20 ‘‘(iii) information for the previous 10 

21 years regarding the number of air and 

22 maritime patrol hours undertaken by each 

23 National Drug Control Program agency 

24 conducting drug interdiction activities, as 

25 well as statistical information on the geo-
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1 graphic areas in which such patrol hours 

2 took place. 

3 ‘‘(E) TREATMENT OF CLASSIFIED OR LAW

4 ENFORCEMENT SENSITIVE INFORMATION.—Any 

5 content of the report described in subparagraph 

6 (D) that involves information classified under 

7 criteria established by an Executive order, or 

8 the public disclosure of which, as determined by 

9 the United States Interdiction Coordinator or 

10 the head of any relevant National Drug Control 

11 Program agency, would be detrimental to the 

12 law enforcement or national security activities 

13 of any Federal, State, or local agency, shall be 

14 presented to Congress separately from the rest 

15 of the plan. 

16 ‘‘(b) INTERDICTION COMMITTEE.—

17 ‘‘(1) IN GENERAL.—The Interdiction Com18 mittee shall meet to—

19 ‘‘(A) discuss and resolve issues related to 

20 the coordination, oversight and integration of 

21 international, border, and domestic drug inter22 diction efforts in support of the National Drug 

23 Control Strategy; 

24 ‘‘(B) review the annual National Interdic25 tion Command and Control Plan, and provide 
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1 advice to the Director and the United States 

2 Interdiction Coordinator concerning that plan; 

3 and 

4 ‘‘(C) provide such other advice to the Di5 rector concerning drug interdiction strategy and 

6 policies as the committee determines is appro7 priate. 

8 ‘‘(2) MEMBERSHIP.—The membership of the 

9 Interdiction Committee shall consist of—

10 ‘‘(A) the Commissioner of the bureau of 

11 Customs and Border Protection at the Depart12 ment of Homeland Security; 

13 ‘‘(B) the Assistant Secretary of the bureau 

14 of Immigration and Customs Enforcement at 

15 the Department of Homeland Security; 

16 ‘‘(C) the Commandant of the United 

17 States Coast Guard; 

18 ‘‘(D) the Director of the Office of Counter19 narcotics Enforcement at the Department of 

20 Homeland Security; 

21 ‘‘(E) the Administrator of the Drug En22 forcement Administration; 

23 ‘‘(F) the Assistant Secretary of State for 

24 International Narcotics and Law Enforcement 

25 Affairs; 
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1 ‘‘(G) the Assistant Secretary of Defense 

2 for Special Operations and Low Intensity Con3 flict; 

4 ‘‘(H) the Deputy Director for Supply Re5 duction of the Office of National Drug Control 

6 Policy, acting in his role as the United States 

7 Interdiction Coordinator; 

8 ‘‘(I) the director of the Crime and Nar9 cotics Center of the Central Intelligence Agen10 cy; and 

11 ‘‘(J) such additional persons as may be de12 termined by the Director. 

13 ‘‘(3) CHAIRMAN.—The Director shall designate 

14 one of the members of the Interdiction Committee to 

15 serve as chairman. 

16 ‘‘(4) MEETINGS.—The members of the Interdic17 tion Committee shall meet, in person and not 

18 through any delegate or representative, at least once 

19 per calendar year, prior to March 1. At the call of 

20 either the Director or the current chairman, the 

21 Interdiction Committee may hold additional meet22 ings, which shall be attended by the members either 

23 in person, or through such delegates or representa24 tives as they may choose. 
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1 ‘‘(5) REPORT.—After each meeting, the chair2 man of the Interdiction Committee shall submit a 

3 report to the Director and to the congressional com4 mittees listed in subsection (a)(3)(D) describing the 

5 meeting and its results. Any content of such a report 

6 that involves information classified under criteria es7 tablished by an Executive order, or whose public dis8 closure, as determined by the Director, the chair9 man, or any member, would be detrimental to the 

10 law enforcement or national security activities of any 

11 Federal, State, or local agency, shall be presented to 

12 Congress separately from the rest of the report.’’. 

13 (b) CONFORMING AMENDMENT TO HOMELAND SE14 CURITY ACT OF 2002.—Section 878 of the Homeland Se15 curity Act of 2002 (6 U.S.C. 458) is amended—

16 (1) in subsection (c), by striking ‘‘Except as 

17 provided in subsection (d), the’’ and inserting 

18 ‘‘The’’; and 

19 (2) by striking subsection (d) and redesignating 

20 subsections (e), (f), and (g) as subsections (d), (e), 

21 and (f), respectively. 

22 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

23 Section 714 (21 U.S.C. 1711) is amended—
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1 (1) by striking ‘‘title,’’ and inserting ‘‘title, ex2 cept activities for which amounts are otherwise spe3 cifically authorized by this title,’’; and 

4 (2) by striking ‘‘1999 through 2003’’ and in5 serting ‘‘2006 through 2010’’. 

6 SEC. 14. TECHNICAL AMENDMENTS AND REPEAL. 

7 (a) AMENDMENT TO PUBLIC HEALTH SERVICE ACT

8 TO REPLACE OBSOLETE REFERENCES.—Section 464P(c) 

9 of the Public Health Service Act (42 U.S.C. 285o–4(c)) 

10 is amended—

11 (1) in paragraph (1), by striking ‘‘under section 

12 1002 of the Anti-Drug Abuse Act of 1988 (21 

13 U.S.C. 1501)’’ and inserting ‘‘under section 703 of 

14 the Office of National Drug Control Policy Reau15 thorization Act of 1998 (21 U.S.C. 1702)’’; and 

16 (2) in paragraph (2), by striking ‘‘under section 

17 1005 of the Anti-Drug Abuse Act of 1988 (21 

18 U.S.C. 1504)’’ and inserting ‘‘under section 706 of 

19 the Office of National Drug Control Policy Reau20 thorization Act of 1998 (21 U.S.C. 1705)’’. 

21 (b) REPEAL OF SPECIAL FORFEITURE FUND.—Sec22 tion 6073 of the Asset Forfeiture Amendments Act of 

23 1988 (21 U.S.C. 1509) is repealed.

Æ