IB 

Union Calendar No. 209 

109TH CONGRESS 

2D SESSION H. R. 2829 

[Report No. 109–315, Parts I, II, and III] 

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 

NOVEMBER 18, 2005 

Reported from the Committee on Government Reform with an amendment 

[Strike out all after the enacting clause and insert the part printed in boldface roman] 

NOVEMBER 18, 2005 

Referral to the Committees on the Judiciary, Energy and Commerce, and the 

Permanent Select Committee on Intelligence extended for a period ending 

not later than December 17, 2005 

NOVEMBER 18, 2005 

Referred to the Committee on Education and the Workforce for a period ending not later than December 17, 2005, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that 

committee pursuant to clause (e), rule X 

DECEMBER 17, 2005 

Referral to the Committees on the Judiciary, Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on Education and the Workforce extended for a period ending not later than December 31, 2005 


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DECEMBER 31, 2005 

Referral to the Committees on the Judiciary, Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on Education and the Workforce extended for a period ending not later than 

February 3, 2006 

FEBRUARY 3, 2006 

Referral to the Committees on the Judiciary, Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on Education and the Workforce extended for a period ending not later than 

March 3, 2006 

MARCH 3, 2006 

Reported from the Committee on Energy and Commerce with an amendment 

[Omit the part struck through in boldface roman] 

MARCH 3, 2006 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

MARCH 3, 2006 

The Permanent Select Committee on Intelligence and the Committee on Education and the Workforce discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 9, 2005] 

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. TABLE OF CONTENTS. 

4 (a) TABLE OF CONTENTS.—The table of con5 tents for this Act is as follows: 

Sec. 1. Table of contents. 

TITLE I—REAUTHORIZATION OF OFFICE OF NATIONAL 

DRUG CONTROL POLICY 


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Sec. 101. Short title. 

Sec. 102. Amendment of Office of National Drug Control Policy 

Reauthorization Act of 1998. 

Sec. 103. Repeal of termination provision. 

Sec. 104. Amendments to definitions. 

Sec. 105. Amendments relating to establishment of Office of 

National Drug Control Policy and designation of 

officers. 

Sec. 106. Amendments relating to appointment and duties of 

Director and Deputy Director. 

Sec. 107. Amendments relating to coordination with other 

agencies. 

Sec. 108. Development, submission, implementation, and assessment of National Drug Control Strategy. 

Sec. 109. High Intensity Drug Trafficking Areas Program. 

Sec. 110. Funding for certain High Intensity Drug Trafficking 

Areas. 

Sec. 111. Amendments relating to Counter-Drug Technology 

Assessment Center. 

Sec. 112. National youth antidrug media campaign. 

Sec. 113. Drug interdiction. 

Sec. 114. Authorization of appropriations. 

Sec. 115. Technical amendments and repeal. 

Sec. 116. Requirement for disclosure of Federal sponsorship of 

all Federal advertising or other communication 

materials. 

Sec. 117. Policy relating to syringe exchange programs. 

TITLE II—CLEAN SPORTS ACT OF 2005 

Sec. 201. Addition of minimum drug testing standards to Office 

of National Drug Control Policy Act. 

1 TITLE I—REAUTHORIZATION OF 

2 OFFICE OF NATIONAL DRUG 

3 CONTROL POLICY 

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Office of 

6 National Drug Control Policy Reauthoriza7 tion Act of 2005’’. 


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1 SEC. 102. AMENDMENT OF OFFICE OF NATIONAL DRUG 

2 CONTROL POLICY REAUTHORIZATION ACT 

3 OF 1998. 

4 Except as otherwise expressly provided, 

5 whenever in this title an amendment or re6 peal is expressed in terms of an amendment 

7 to, or repeal of, a section or other provision, 

8 the reference shall be considered to be made 

9 to a section or other provision of the Office 

10 of National Drug Control Policy Reauthoriza11 tion Act of 1998 (Public Law 105–277; 21 U.S.C. 

12 1701 et seq.). 

13 SEC. 103. REPEAL OF TERMINATION PROVISION. 

14 Section 715 (21 U.S.C. 1712) is repealed, 

15 and the law shall read as if such section was 

16 never in effect. 

17 SEC. 104. AMENDMENTS TO DEFINITIONS. 

18 (a) AMENDMENTS TO DEFINITIONS.—Section 

19 702 (21 U.S.C. 1701) is amended—

20 (1) in paragraph (1)—

21 (A) by striking ‘‘and’’ at the end of 

22 subparagraph (F); 

23 (B) by striking the period at the 

24 end of subparagraph (G) and insert25 ing ‘‘, including the testing of employ26 ees;’’; and 


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1 (C) by adding at the end the fol2 lowing: 

3 ‘‘(H) interventions for drug abuse 

4 and dependence; and 

5 ‘‘(I) international drug control co6 ordination and cooperation with re7 spect to activities described in this 

8 paragraph.’’; 

9 (2) in paragraph (6), by adding before 

10 the period at the end: ‘‘, including any ac11 tivities involving supply reduction, de12 mand reduction, or State and local af13 fairs’’; 

14 (3) in paragraph (7)—

15 (A) by striking ‘‘Agency’’ and in16 serting ‘‘agency’’; 

17 (B) by striking ‘‘National Foreign 

18 Intelligence Program,’’ and inserting 

19 ‘‘National Intelligence Program,’’; and 

20 (C) by inserting a comma before 

21 ‘‘or Tactical’’; 

22 (4) in paragraph (9), by striking ‘‘im23 plicates’’ and inserting ‘‘indicates’’; 

24 (5) in paragraph (10)—


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1 (A) by adding ‘‘National Drug 

2 Control Program agencies and’’ after 

3 ‘‘among’’ in subparagraph (B); 

4 (B) by striking ‘‘and’’ at the end of 

5 subparagraph (B); 

6 (C) by striking the period at the 

7 end of subparagraph (C) and insert8 ing a semicolon; and 

9 (D) by adding at the end the fol10 lowing: 

11 ‘‘(D) domestic drug law enforce12 ment, including domestic drug inter13 diction and law enforcement directed 

14 at drug users; and 

15 ‘‘(E) coordination and enhance16 ment of Federal, State, and local law 

17 enforcement initiatives to gather, 

18 analyze, and disseminate information 

19 and intelligence relating to drug con20 trol among domestic law enforcement 

21 agencies.’’; 

22 (6) in paragraph (11)—

23 (A) by inserting before the semi24 colon in subparagraph (A) the fol25 lowing: ‘‘, including—


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1 ‘‘(i) law enforcement outside 

2 the United States; and 

3 ‘‘(ii) source country programs, 

4 including economic development 

5 programs primarily intended to 

6 reduce the production or traf7 ficking of illicit drugs’’; 

8 (B) by striking subparagraph (B) 

9 and inserting the following: 

10 ‘‘(B) facilitating and enhancing 

11 the sharing of foreign and domestic 

12 information and law enforcement in13 telligence relating to drug production 

14 and trafficking among National Drug 

15 Control Program agencies, and be16 tween those agencies and foreign law 

17 enforcement agencies; and’’; 

18 (C) by striking ‘‘; and’’ at the end 

19 of subparagraph (C) and inserting a 

20 period; and 

21 (D) by striking subparagraph (D); 

22 and 

23 (7) by adding at the end the fol24 lowing: 


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1 ‘‘(12) APPROPRIATE CONGRESSIONAL

2 COMMITTEES.—Except where otherwise 

3 provided, the term ‘appropriate congres4 sional committees’ means the Committee 

5 on the Judiciary, the Committee on Ap6 propriations, and the Caucus on Inter7 national Narcotics Control of the Senate 

8 and the Committee on Government Re9 form, the Committee on the Judiciary, 

10 and the Committee on Appropriations of 

11 the House of Representatives. 

12 ‘‘(13) LAW ENFORCEMENT.—The term 

13 ‘law enforcement’ or ‘drug law enforce14 ment’ means all efforts by a Federal, 

15 State, or local government agency to en16 force the drug laws of the United States 

17 or any State, including investigation, ar18 rest, prosecution, and incarceration or 

19 other punishments or penalties.’’. 

20 (b) CONFORMING AMENDMENTS.—Section 

21 703(b)(3) (21 U.S.C. 1702(b)(3)) is amended—

22 (1) in subparagraph (A), by striking 

23 ‘‘(G)’’ and inserting ‘‘(I)’’; and 

24 (2) in subparagraph (C)—


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1 (A) by striking ‘‘through (C)’’ and 

2 inserting ‘‘through (E)’’; 

3 (B) by striking ‘‘and subpara4 graph (D) of section 702(11)’’; and 

5 (C) by adding before the period at 

6 the end the following: ‘‘, and sections 

7 707 and 708 of this Act’’. 

8 SEC. 105. AMENDMENTS RELATING TO ESTABLISHMENT OF 

9 OFFICE OF NATIONAL DRUG CONTROL POL10 ICY AND DESIGNATION OF OFFICERS. 

11 (a) RESPONSIBILITIES.—Paragraph (4) of 

12 section 703(a) (21 U.S.C. 1702(a)) is amended 

13 to read as follows: 

14 ‘‘(4) evaluate the effectiveness of the 

15 national drug control policy and the Na16 tional Drug Control Program agencies’

17 programs, by developing and applying 

18 specific goals and performance measure19 ments.’’. 

20 (b) RANK OF DIRECTOR.—Section 703(b) (21 

21 U.S.C. 1702(b)) is amended in paragraph (1) by 

22 adding before the period the following: ‘‘, who 

23 shall hold the same rank and status as the 

24 head of an executive department listed in sec25 tion 101 of title 5, United States Code’’. 


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1 (c) DEPUTY DIRECTORS.—Section 703(b) (21 

2 U.S.C. 1702(b)) is amended in paragraph (3)—

3 (1) by striking ‘‘Office—’’ and insert4 ing ‘‘Office the following additional Dep5 uty Directors—’’; and 

6 (2) in subparagraph (B), by striking 

7 ‘‘who shall’’ and inserting the following: 

8 ‘‘who shall have substantial experience 

9 and expertise in drug interdiction oper10 ations and other supply reduction activi11 ties, and who shall serve as the United 

12 States Interdiction Coordinator and’’. 

13 SEC. 106. AMENDMENTS RELATING TO APPOINTMENT AND 

14 DUTIES OF DIRECTOR AND DEPUTY DIREC15 TOR. 

16 (a) DESIGNATION OF OTHER OFFICERS.—Sec17 tion 704(a)(3) (21 U.S.C. 1703(a)(3)) is amend18 ed—

19 (1) by striking ‘‘permanent employee’’

20 and inserting ‘‘officer or employee’’; and 

21 (2) by striking ‘‘serve as the Director’’

22 and inserting ‘‘serve as the acting Direc23 tor’’. 

24 (b) RESPONSIBILITIES OF DIRECTOR.—Sec25 tion 704(b) (21 U.S.C. 1703(b)) is amended—


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1 (1) in paragraph (4), by striking ‘‘Fed2 eral departments and agencies engaged 

3 in drug enforcement,’’ and inserting ‘‘Na4 tional Drug Control Program agencies,’’; 

5 (2) in paragraph (7), by inserting 

6 after ‘‘President’’ the following: ‘‘and the 

7 appropriate congressional committees’’; 

8 (3) in paragraph (13), by striking ‘‘(be9 ginning in 1999)’’; 

10 (4) in paragraph (14)—

11 (A) by striking ‘‘Appropriations’’

12 and all that follows through ‘‘Senate’’

13 and inserting ‘‘appropriate congres14 sional committees’’; and 

15 (B) by striking ‘‘and’’ after the 

16 semicolon at the end; 

17 (5) in paragraph (15), by striking sub18 paragraph (C) and inserting the fol19 lowing: 

20 ‘‘(C) supporting the substance 

21 abuse information clearinghouse ad22 ministered by the Administrator of 

23 the Substance Abuse and Mental 

24 Health Services Administration and 


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1 established in section 501(d)(16) of 

2 the Public Health Service Act by—

3 ‘‘(i) encouraging all National 

4 Drug Control Program agencies 

5 to provide all appropriate and 

6 relevant information; and 

7 ‘‘(ii) supporting the dissemina8 tion of information to all inter9 ested entities;’’; and 

10 (6) by inserting at the end the fol11 lowing: 

12 ‘‘(16) shall coordinate with the pri13 vate sector to promote private research 

14 and development of medications to treat 

15 addiction; 

16 ‘‘(17) shall seek the support and com17 mitment of State and local officials in the 

18 formulation and implementation of the 

19 National Drug Control Strategy; 

20 ‘‘(18) shall monitor and evaluate the 

21 allocation of resources among Federal 

22 law enforcement agencies in response to 

23 significant local and regional drug traf24 ficking and production threats; and 


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1 ‘‘(19) shall submit an annual report to 

2 Congress detailing how the Office of Na3 tional Drug Control Policy has consulted 

4 with and assisted State and local govern5 ments with respect to the formulation 

6 and implementation of the National Drug 

7 Control Strategy and other relevant 

8 issues.’’. 

9 (c) SUBMISSION OF DRUG CONTROL BUDGET

10 REQUESTS.—Section 704(c)(1) is amended by 

11 adding at the end the following: 

12 ‘‘(C) CONTENT OF DRUG CONTROL

13 BUDGET REQUESTS.—A drug control 

14 budget request submitted by a de15 partment, agency, or program under 

16 this paragraph shall include all re17 quests for funds for any drug control 

18 activity undertaken by that depart19 ment, agency, or program, including 

20 demand reduction, supply reduction, 

21 and State and local affairs, including 

22 any drug law enforcement activities. 

23 If an activity has both drug control 

24 and nondrug control purposes or ap25 plications, the department, agency, or 


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1 program shall estimate by a docu2 mented calculation the total funds re3 quested for that activity that would 

4 be used for drug control, and shall set 

5 forth in its request the basis and 

6 method for making the estimate.’’. 

7 (d) NATIONAL DRUG CONTROL BUDGET PRO8 POSAL.—Section 704(c)(2) is amended in sub9 paragraph (A) by inserting before the semi10 colon: ‘‘and to inform Congress and the public 

11 about the total amount proposed to be spent 

12 on all supply reduction, demand reduction, 

13 State and local affairs, including any drug law 

14 enforcement, and other drug control activi15 ties by the Federal Government, which shall 

16 conform to the content requirements set forth 

17 in subparagraph (C) of paragraph (1) of this 

18 subsection’’. 

19 (e) REVIEW AND CERTIFICATION OF NATIONAL

20 DRUG CONTROL PROGRAM BUDGET.—Section 

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

22 (1) by redesignating subparagraphs 

23 (C) and (D) as subparagraphs (D) and (E), 

24 respectively; 


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1 (2) by inserting after subparagraph 

2 (B) the following new subparagraph: 

3 ‘‘(C) SPECIFIC REQUESTS.—The Di4 rector shall not confirm the adequacy 

5 of any budget request that—

6 ‘‘(i) requests funding for Fed7 eral law enforcement activities 

8 that do not adequately com9 pensate for transfers of drug en10 forcement resources and per11 sonnel to law enforcement and in12 vestigation activities not related 

13 to drug enforcement as deter14 mined by the Director; 

15 ‘‘(ii) requests funding for law 

16 enforcement activities on the bor17 ders of the United States that do 

18 not adequately direct resources to 

19 drug interdiction and enforce20 ment as determined by the Direc21 tor; 

22 ‘‘(iii) requests funding for 

23 drug treatment activities that do 

24 not provide adequate result and 


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1 accountability measures as deter2 mined by the Director; 

3 ‘‘(iv) requests funding for any 

4 activities of the Safe and Drug 

5 Free Schools Program that do not 

6 include a clear antidrug message 

7 or purpose intended to reduce 

8 drug use; 

9 ‘‘(v) requests funding to en10 force section 484(r)(1) of the High11 er Education Act of 1965 (20 

12 U.S.C. 1091(r)(1)) with respect to 

13 convictions for drug-related of14 fenses not occurring during a pe15 riod of enrollment for which the 

16 student was receiving any Fed17 eral grant, loan, or work assist18 ance; 

19 ‘‘(vi) requests funding for 

20 drug treatment activities that do 

21 not adequately support and en22 hance Federal drug treatment 

23 programs and capacity, as deter24 mined by the Director; 


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1 ‘‘(vii) requests funding for fis2 cal year 2007 for activities of the 

3 Department of Education, unless 

4 it is accompanied by a report set5 ting forth a plan for providing ex6 pedited consideration of student 

7 loan applications for all individ8 uals who submitted an applica9 tion for any Federal grant, loan, 

10 or work assistance that was re11 jected or denied pursuant to 

12 484(r)(1) of the Higher Education 

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

14 by reason of a conviction for a 

15 drug-related offense not occur16 ring during a period of enroll17 ment for which the individual 

18 was receiving any Federal grant, 

19 loan, or work assistance; 

20 ‘‘(viii) requests funding for 

21 the operations and management 

22 of the Department of Homeland 

23 Security that does not include a 

24 specific request for funds for the 

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1 forcement to carry out its respon2 sibilities under section 878 of the 

3 Homeland Security Act of 2002 (6 

4 U.S.C. 458).’’; 

5 (3) in subparagraph (D)(iii), as so re6 designated, by inserting ‘‘and the appro7 priate congressional committees’’ after 

8 ‘‘House of Representatives’’; and 

9 (4) in subparagraph (E)(ii)(II)(bb), as 

10 so redesignated, by inserting ‘‘and the ap11 propriate congressional committees’’

12 after ‘‘House of Representatives’’. 

13 (f) REPROGRAMMING AND TRANSFER RE14 QUESTS.—Section 704(c)(4)(A) (21 U.S.C. 

15 1703(c)(4)(A)) is amended by striking 

16 ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

17 (g) POWERS OF DIRECTOR.—Section 704(d) 

18 (21 U.S.C. 1703(d)) is amended—

19 (1) in paragraph (8)(D), by striking 

20 ‘‘have been authorized by Congress;’’ and 

21 inserting ‘‘authorized by law;’’; 

22 (2) in paragraph (9)—

23 (A) by inserting ‘‘notwithstanding 

24 any other provision of law,’’ after 

25 ‘‘(9)’’; and 


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1 (B) by striking ‘‘Strategy; and’’

2 and inserting ‘‘Strategy and notify 

3 the appropriate congressional com4 mittees of any fund control notice 

5 issued;’’; 

6 (3) in paragraph (10), by striking ‘‘(22 

7 U.S.C. 2291j).’’ and inserting ‘‘(22 U.S.C. 

8 2291j) and section 706 of the Foreign Re9 lations Authorization Act, Fiscal Year 

10 2003 (22 U.S.C. 2291j–1); and’’; and 

11 (4) by adding at the end the following 

12 new paragraph: 

13 ‘‘(11) not later than August 1 of each 

14 year, submit to the President a report, 

15 and transmit copies of the report to the 

16 Secretary of State and the appropriate 

17 congressional committees, that—

18 ‘‘(A) provides the Director’s as19 sessment of which countries are 

20 major drug transit countries or major 

21 illicit drug producing countries as de22 fined in section 481(e) of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 

24 2291(e)); 


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1 ‘‘(B) provides the Director’s as2 sessment of whether each country 

3 identified under subparagraph (A) 

4 has cooperated fully with the United 

5 States or has taken adequate steps on 

6 its own to achieve full compliance 

7 with the goals and objectives estab8 lished by the United Nations Conven9 tion Against Illicit Traffic in Narcotic 

10 Drugs and Psychotropic Substances 

11 and otherwise has assisted in reduc12 ing the supply of illicit drugs to the 

13 United States; and 

14 ‘‘(C) provides the Director’s as15 sessment of whether application of 

16 procedures set forth in section 490 of 

17 the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2291j), as provided in section 

19 706 of the Foreign Relations Author20 ization Act, Fiscal Year 2003 (22 

21 U.S.C. 2291j–1), is warranted with re22 spect to countries the Director as23 sesses have not cooperated fully.’’. 


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1 (g) FUND CONTROL NOTICES.—Section 

2 704(f) (21 U.S.C. 1703(f)) is amended by adding 

3 at the end the following: 

4 ‘‘(4) CONGRESSIONAL NOTICE.—A copy 

5 of each fund control notice shall be trans6 mitted to the appropriate congressional 

7 committees. 

8 ‘‘(5) RESTRICTIONS.—The Director shall 

9 not issue a fund control notice to direct 

10 that all or part of an amount appro11 priated to the National Drug Control Pro12 gram agency account be obligated, modi13 fied, or altered in any manner contrary, 

14 in whole or in part, to a specific appro15 priation or statute.’’. 

16 (h) TECHNICAL AMENDMENTS.—Section 704 

17 (21 U.S.C. 1703) is amended—

18 (1) in subsection (g)—

19 (A) by striking ‘‘National Foreign 

20 Intelligence Program’’ and inserting 

21 ‘‘National Intelligence Program’’; and 

22 (B) by inserting a comma before 

23 ‘‘and Tactical’’; and 

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1 ing ‘‘Director of National Intelligence or 

2 the Director of the Central Intelligence 

3 Agency’’. 

4 (i) REQUIREMENT FOR SOUTH AMERICAN

5 HEROIN STRATEGY.—

6 (1) IN GENERAL.—Not later than 90 

7 days after the date of the enactment of 

8 this Act, the Director of National Drug 

9 Control Policy shall submit to the Con10 gress a comprehensive strategy that ad11 dresses the increased threat from South 

12 American heroin, and in particular Co13 lombian heroin and the emerging threat 

14 from opium poppy grown in Peru and 

15 often intended for transit to Columbia for 

16 processing into heroin. 

17 (2) CONTENTS.—The strategy shall in18 clude—

19 (A) opium eradication efforts to 

20 eliminate the problem at the source 

21 to prevent heroin from entering the 

22 stream of commerce; 

23 (B) interdiction and precursor 

24 chemical controls; 


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1 (C) demand reduction and treat2 ment; 

3 (D) alternative development pro4 grams, including direct assistance to 

5 regional governments to demobilize 

6 and provide alternative livelihoods to 

7 former members of insurgent or other 

8 groups engaged in heroin, coca, or 

9 other illicit drug production or traf10 ficking; 

11 (E) efforts to inform and involve 

12 local citizens in the programs de13 scribed in subparagraphs (A) through 

14 (D), such as through leaflets adver15 tising rewards for information; 

16 (F) provisions that ensure the 

17 maintenance at current levels of ef18 forts to eradicate coca in Colombia; 

19 and 

20 (G) assessment of the specific 

21 level of funding and resources nec22 essary to simultaneously address the 

23 threat from South American heroin 

24 and the threat from Colombian and 

25 Peruvian coca. 


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1 (3) TREATMENT OF CLASSIFIED OR LAW

2 ENFORCEMENT SENSITIVE INFORMATION.—

3 Any content of the strategy that involves 

4 information classified under criteria es5 tablished by an Executive order, or 

6 whose public disclosure, as determined 

7 by the Director or the head of any rel8 evant Federal agency, would be detri9 mental to the law enforcement or na10 tional security activities of any Federal, 

11 foreign, or international agency, shall be 

12 presented to Congress separately from 

13 the rest of the strategy. 

14 (j) REQUIREMENT FOR AFGHAN HEROIN

15 STRATEGY.—

16 (1) IN GENERAL.—Not later than 90 

17 days after the date of the enactment of 

18 this Act, the Director of the Office of Na19 tional Drug Control Policy shall submit 

20 to the Congress a comprehensive strategy 

21 that addresses the increased threat from 

22 Afghan heroin. 

23 (2) CONTENTS.—The strategy shall in24 clude—


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1 (A) opium crop eradication efforts 

2 to eliminate the problem at the 

3 source to prevent heroin from enter4 ing the stream of commerce; 

5 (B) destruction or other direct 

6 elimination of stockpiles of heroin 

7 and raw opium, and heroin produc8 tion and storage facilities; 

9 (C) interdiction and precursor 

10 chemical controls; 

11 (D) demand reduction and treat12 ment; 

13 (E) alternative development pro14 grams; 

15 (F) measures to improve coopera16 tion and coordination between Fed17 eral Government agencies, and be18 tween such agencies, agencies of for19 eign governments, and international 

20 organizations with responsibility for 

21 the prevention of heroin production 

22 in, or trafficking out of, Afghanistan; 

23 and 

24 (G) an assessment of the specific 

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1 essary significantly to reduce the pro2 duction and trafficking of heroin. 

3 (3) TREATMENT OF CLASSIFIED OR LAW

4 ENFORCEMENT SENSITIVE INFORMATION.—

5 Any content of the strategy that involves 

6 information classified under criteria es7 tablished by an Executive order, or 

8 whose public disclosure, as determined 

9 by the Director or the head of any rel10 evant Federal agency, would be detri11 mental to the law enforcement or na12 tional security activities of any Federal, 

13 foreign, or international agency, shall be 

14 presented to Congress separately from 

15 the rest of the strategy. 

16 (k) REQUIREMENT FOR GENERAL

17 COUNTERDRUG INTELLIGENCE PLAN.—

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

19 days after the date of enactment of this 

20 Act, and not later than every two years 

21 thereafter, the Director of the Office of 

22 National Drug Control Policy, with the 

23 concurrence of the Director of National 

24 Intelligence, shall submit to the appro25 priate congressional committees, a genVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6202 E:\BILLS\H2829.RH H2829

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1 eral counterdrug intelligence plan to im2 prove coordination, and eliminate unnec3 essary duplication, among the 

4 counterdrug intelligence centers and in5 formation sharing systems, and 

6 counterdrug activities of the Federal 

7 Government, including the centers, sys8 tems, and activities of the following de9 partments and agencies: 

10 (A) The Department of Defense, 

11 including the Defense Intelligence 

12 Agency, and the joint interagency 

13 task forces. 

14 (B) The Department of the Treas15 ury, including the Financial Crimes 

16 Enforcement Network (FinCEN). 

17 (C) The Central Intelligence Agen18 cy. 

19 (D) The National Security Agency. 

20 (E) The Department of Homeland 

21 Security, including the United States 

22 Coast Guard, the bureau of Customs 

23 and Border Protection, and the bu24 reau of Immigration and Customs En25 forcement. 


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1 (F) The Department of Justice, in2 cluding the National Drug Intel3 ligence Center (NDIC); the Drug En4 forcement Administration, including 

5 the El Paso Intelligence Center 

6 (EPIC); the Federal Bureau of Inves7 tigation; the Organized Crime Drug 

8 Enforcement Task Force; and the Re9 gional Information Sharing System. 

10 (G) The Office of National Drug 

11 Control Policy, including the High In12 tensity Drug Trafficking Areas Pro13 gram. 

14 (H) The Counterdrug Intelligence 

15 Executive Secretariat. 

16 (2) PURPOSE.—The purpose of the plan 

17 under paragraph (1) is to maximize the 

18 effectiveness of the centers and activities 

19 referred to in that paragraph in achiev20 ing the objectives of the National Drug 

21 Control Strategy promulgated under 21 

22 U.S.C. 1705. In order to maximize such ef23 fectiveness, the plan shall—

24 (A) articulate clear and specific 

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1 pose and scope of activity) for each 

2 counterdrug intelligence center, sys3 tem, and activity, including the man4 ner in which responsibility for 

5 counterdrug intelligence activities 

6 will be allocated among the 

7 counterdrug intelligence centers and 

8 systems; 

9 (B) specify each government 

10 agency (whether Federal, State, or 

11 local) that participates in each such 

12 center, system, and activity, including 

13 a description of the extent and nature 

14 of that participation; 

15 (C) specify the relationship be16 tween such centers, systems, and ac17 tivities; 

18 (D) specify the means by which 

19 proper oversight of such centers, sys20 tems, and activities will be assured; 

21 (E) specify the means by which 

22 counterdrug intelligence and infor23 mation will be forwarded effectively 

24 to all levels of officials responsible for 


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1 United States counterdrug policy; 

2 and 

3 (F) specify mechanisms to ensure 

4 that State and local law enforcement 

5 agencies are apprised of counterdrug 

6 intelligence and information acquired 

7 by Federal law enforcement agencies 

8 in a manner which—

9 (i) facilitates effective 

10 counterdrug activities by State 

11 and local law enforcement agen12 cies; and 

13 (ii) provides such State and 

14 local law enforcement agencies 

15 with the information relating to 

16 the safety of officials involved in 

17 their counterdrug activities. 

18 (3) DEFINITIONS.—As used in this sub19 section—

20 (A) the term ‘‘center’’ refers to any 

21 center, office, task force, or other co22 ordinating organization engaged in 

23 counterdrug intelligence or informa24 tion analyzing or sharing activities; 


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•HR 2829 RH 

1 (B) the term ‘‘system’’ refers to 

2 any computerized database or other 

3 electronic system used for 

4 counterdrug intelligence or informa5 tion analyzing or sharing activities; 

6 and 

7 (C) the term ‘‘appropriate con8 gressional committees’’ means the fol9 lowing: 

10 (i) The Committee on Appro11 priations, the Committee on For12 eign Relations, the Committee on 

13 the Judiciary, the Committee on 

14 Homeland Security and Govern15 mental Affairs, the Caucus on 

16 International Narcotics Control, 

17 and the Select Committee on In18 telligence of the Senate. 

19 (ii) The Committee on Appro20 priations, the Committee on 

21 International Relations, the Com22 mittee on the Judiciary, the Com23 mittee on Government Reform, 

24 the Committee on Homeland Se25 curity, and the Permanent Select 


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1 Committee on Intelligence of the 

2 House of Representatives. 

3 (4) LIMITATION.—The general 

4 counterdrug intelligence plan shall not—

5 (A) change existing agency au6 thorities or the laws governing inter7 agency relationships, but may include 

8 recommendations about changes to 

9 such authorities or laws; or 

10 (B) include any information about 

11 specific methods of obtaining, or 

12 sources of, intelligence or informa13 tion, or any information about spe14 cific individuals, cases, investiga15 tions, or operations. 

16 (5) CLASSIFIED OR LAW ENFORCEMENT

17 SENSITIVE INFORMATION.—Any content of 

18 the general counterdrug intelligence plan 

19 that involves information classified 

20 under criteria established by an Execu21 tive order, or whose public disclosure, as 

22 determined by the Director of the Office 

23 of National Drug Control Policy, the Di24 rector of National Intelligence, or the 

25 head of any Federal Government agency 


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1 whose activities are described in the 

2 plan, would be detrimental to the law en3 forcement or national security activities 

4 of any Federal, State, or local agency, 

5 shall be presented to Congress separately 

6 from the rest of the report. 

7 (l) REQUIREMENT FOR SOUTHWEST BORDER

8 COUNTERNARCOTICS STRATEGY.—

9 (1) IN GENERAL.—Not later than 120 

10 days after the date of enactment of this 

11 Act, and every two years thereafter, the 

12 Director of National Drug Control Policy 

13 shall submit to the Congress a Southwest 

14 Border Counternarcotics Strategy. 

15 (2) PURPOSES.—The Southwest Border 

16 Counternarcotics Strategy shall—

17 (A) set forth the Government’s 

18 strategy for preventing the illegal 

19 trafficking of drugs across the inter20 national border between the United 

21 States and Mexico, including through 

22 ports of entry and between ports of 

23 entry on that border; 

24 (B) state the specific roles and re25 sponsibilities of the relevant National 


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•HR 2829 RH 

1 Drug Control Program agencies (as 

2 defined in section 702 of the Office of 

3 National Drug Control Policy Reau4 thorization Act of 1998 (21 U.S.C. 

5 1701)) for implementing that strategy; 

6 and 

7 (C) identify the specific resources 

8 required to enable the relevant Na9 tional Drug Control Program agen10 cies to implement that strategy. 

11 (3) CONSULTATION WITH OTHER AGEN12 CIES.—The Director shall issue the South13 west Border Counternarcotics Strategy in 

14 consultation with the heads of the rel15 evant National Drug Control Program 

16 agencies. 

17 (4) LIMITATION.—The Southwest Bor18 der Counternarcotics Strategy shall not 

19 change existing agency authorities or the 

20 laws governing interagency relationships, 

21 but may include recommendations about 

22 changes to such authorities or laws. 

23 (5) REPORT TO CONGRESS.—The Direc24 tor shall provide a copy of the Southwest 

25 Border Counternarcotics Strategy to the 


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1 appropriate congressional committees (as 

2 defined in section 702 of the Office of Na3 tional Drug Control Policy Reauthoriza4 tion Act of 1998 (21 U.S.C. 1701)), and to 

5 the Committee on Armed Services and 

6 the Committee on Homeland Security of 

7 the House of Representatives, and the 

8 Committee on Homeland Security and 

9 Governmental Affairs and the Committee 

10 on Armed Services of the Senate. 

11 (6) TREATMENT OF CLASSIFIED OR LAW

12 ENFORCEMENT SENSITIVE INFORMATION.—

13 Any content of the Southwest Border 

14 Counternarcotics Strategy that involves 

15 information classified under criteria es16 tablished by an Executive order, or 

17 whose public disclosure, as determined 

18 by the Director or the head of any rel19 evant National Drug Control Program 

20 agency, would be detrimental to the law 

21 enforcement or national security activi22 ties of any Federal, State, or local agency, 

23 shall be presented to Congress separately 

24 from the rest of the strategy. 


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1 (m) REQUIREMENT FOR SCIENTIFIC STUDY OF

2 MYCOHERBICIDE IN ILLICIT DRUG CROP ERADI3 CATION.—Not later than 90 days after the date 

4 of enactment of this Act, the Director of the 

5 Office of National Drug Control Policy shall 

6 submit to the Congress a report that includes 

7 a plan to conduct, on an expedited basis, a sci8 entific study of the use of mycoherbicide as a 

9 means of illicit drug crop elimination by an 

10 appropriate Government scientific research 

11 entity, including a complete and thorough sci12 entific peer review. The study shall include an 

13 evaluation of the likely human health and en14 vironmental impacts of such use. The report 

15 shall also include a plan to conduct controlled 

16 scientific testing in a major drug producing 

17 nation of mycoherbicide naturally existing in 

18 the producing nation. 

19 SEC. 107. AMENDMENTS RELATING TO COORDINATION 

20 WITH OTHER AGENCIES. 

21 Section 705 (21 U.S.C. 1704) is amended—

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

23 ‘‘abuse’’; 

24 (2) in subsection (a)(2)(A), by striking 

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1 serting ‘‘Director of National Intel2 ligence’’; 

3 (3) in subsection (a)(2)(B), by striking 

4 ‘‘Director of Central Intelligence’’ and in5 serting ‘‘Director of National Intelligence 

6 and the Director of the Central Intel7 ligence Agency’’; 

8 (4) by amending paragraph (3) of sub9 section (a) to read as follows: 

10 ‘‘(3) REQUIRED REPORTS.—

11 ‘‘(A) SECRETARIES OF THE INTERIOR

12 AND AGRICULTURE.—The Secretaries of 

13 Agriculture and Interior shall, by 

14 July 1 of each year, jointly submit to 

15 the Director, the appropriate con16 gressional committees, the Committee 

17 on Agriculture and the Committee on 

18 Resources of the House of Represent19 atives, and the Committee on Agri20 culture and the Committee on Energy 

21 and Natural Resources of the Senate, 

22 an assessment of the quantity of ille23 gal drug cultivation and manufac24 turing in the United States on lands 

25 owned or under the jurisdiction of 


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1 the Federal Government for the pre2 ceding year. 

3 ‘‘(B) ATTORNEY GENERAL.—The At4 torney General shall, by July 1 of 

5 each year, submit to the Director and 

6 the appropriate congressional com7 mittees information for the preceding 

8 year regarding the number and type 

9 of—

10 ‘‘(i) arrests for drug viola11 tions; 

12 ‘‘(ii) prosecutions for drug vio13 lations by United States Attor14 neys; and 

15 ‘‘(iii) seizures of drugs by each 

16 component of the Department of 

17 Justice seizing drugs, as well as 

18 statistical information on the geo19 graphic areas of such seizures. 

20 ‘‘(C) SECRETARY OF HOMELAND SE21 CURITY.—The Secretary of Homeland 

22 Security shall, by July 1 of each year, 

23 submit to the Director, the appro24 priate congressional committees, and 

25 the Committee on Homeland Security 


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•HR 2829 RH 

1 of the House of Representatives, and 

2 the Committee on Homeland Security 

3 and Governmental Affairs of the Sen4 ate, information for the preceding 

5 year regarding—

6 ‘‘(i) the number and type of 

7 seizures of drugs by each compo8 nent of the Department of Home9 land Security seizing drugs, as 

10 well as statistical information on 

11 the geographic areas of such sei12 zures; and 

13 ‘‘(ii) the number of air and 

14 maritime patrol hours under15 taken by each component of that 

16 Department primarily dedicated 

17 to drug supply reduction mis18 sions. 

19 ‘‘(D) SECRETARY OF DEFENSE.—The 

20 Secretary of Defense shall, by July 1 

21 of each year, submit to the Director, 

22 the appropriate congressional com23 mittees, the Committee on Armed 

24 Services of the House of Representa25 tives, and the Committee on Armed 


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1 Services of the Senate, information 

2 for the preceding year regarding the 

3 number of air and maritime patrol 

4 hours primarily dedicated to drug 

5 supply reduction missions under6 taken by each component of the De7 partment of Defense.’’; 

8 (5) in subsection (b)(2)(B), by striking 

9 ‘‘Program.’’ and inserting ‘‘Strategy.’’; and 

10 (6) in subsection (c), by striking ‘‘in’’

11 and inserting ‘‘on’’. 

12 SEC. 108. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

13 AND ASSESSMENT OF NATIONAL DRUG CON14 TROL STRATEGY. 

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

16 read as follows: 

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

18 AND ASSESSMENT OF NATIONAL DRUG CON19 TROL STRATEGY. 

20 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR

21 DEVELOPMENT AND SUBMISSION OF NATIONAL

22 DRUG CONTROL STRATEGY.—

23 ‘‘(1) IN GENERAL.—Not later than Feb24 ruary 1 of each year, the President shall 

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1 trol Strategy, which shall set forth a com2 prehensive plan for reducing illicit drug 

3 use and the consequences of illicit drug 

4 use in the United States by reducing the 

5 demand for illegal drugs, limiting the 

6 availability of illegal drugs, and con7 ducting law enforcement activities with 

8 respect to illegal drugs. 

9 ‘‘(2) CONTENTS.—

10 ‘‘(A) IN GENERAL.—The National 

11 Drug Control Strategy submitted 

12 under paragraph (1) shall include the 

13 following: 

14 ‘‘(i) Comprehensive, research15 based, long-range, and quantifi16 able goals for reducing illicit drug 

17 use and the consequences of illicit 

18 drug use in the United States. 

19 ‘‘(ii) Annual quantifiable ob20 jectives for demand reduction, 

21 supply reduction, and law en22 forcement activities, specific tar23 gets to accomplish long-range 

24 quantifiable reduction in illicit 

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1 rector, and specific measurements 

2 to evaluate progress toward the 

3 targets and strategic goals. 

4 ‘‘(iii) A strategy to reduce the 

5 availability and purity of illegal 

6 drugs and the level of drug-re7 lated crime in the United States. 

8 ‘‘(iv) An assessment of Federal 

9 effectiveness in achieving the Na10 tional Drug Control Strategy for 

11 the previous year, including a 

12 specific evaluation of whether the 

13 objectives and targets for reduc14 ing illicit drug use for the pre15 vious year were met and reasons 

16 for the success or failure of the 

17 previous year’s Strategy. 

18 ‘‘(v) A general review of the 

19 status of, and trends in, inter20 national, State, and local drug 

21 control activities to ensure that 

22 the United States pursues well-co23 ordinated and effective drug con24 trol at all levels of government. 


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1 ‘‘(vi) A general review of the 

2 status of, and trends in, demand 

3 reduction activities by private 

4 sector entities and community5 based organizations, including 

6 faith-based organizations, to de7 termine their effectiveness and 

8 the extent of cooperation, coordi9 nation, and mutual support be10 tween such entities and organiza11 tions and Federal, State, and local 

12 government agencies. 

13 ‘‘(vii) An assessment of cur14 rent illicit drug use (including 

15 inhalants and steroids) and avail16 ability, impact of illicit drug use, 

17 and treatment availability, which 

18 assessment shall include—

19 ‘‘(I) estimates of drug 

20 prevalence and frequency of 

21 use as measured by national, 

22 State, and local surveys of il23 licit drug use and by other 

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1 dependent and dependent il2 licit drug use; 

3 ‘‘(II) illicit drug use in the 

4 workplace and the produc5 tivity lost by such use; and 

6 ‘‘(III) illicit drug use by 

7 arrestees, probationers, and 

8 parolees. 

9 ‘‘(viii) An assessment of the 

10 reduction of illicit drug avail11 ability, as measured by—

12 ‘‘(I) the quantities of co13 caine, heroin, marijuana, 

14 methamphetamine, ecstasy, 

15 and other drugs available for 

16 consumption in the United 

17 States; 

18 ‘‘(II) the amount of mari19 juana, cocaine, heroin, meth20 amphetamine, ecstasy, and 

21 precursor chemicals and 

22 other drugs entering the 

23 United States; 

24 ‘‘(III) the number of illicit 

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1 tories seized and destroyed 

2 and the number of hectares of 

3 marijuana, poppy, and coca 

4 cultivated and destroyed do5 mestically and in other coun6 tries; 

7 ‘‘(IV) the number of metric 

8 tons of marijuana, heroin, co9 caine, and methamphetamine 

10 seized and other drugs; and 

11 ‘‘(V) changes in the price 

12 and purity of heroin, meth13 amphetamine, and cocaine, 

14 changes in the price of ec15 stasy, and changes in 

16 tetrahydrocannabinol level of 

17 marijuana and other drugs. 

18 ‘‘(ix) An assessment of the re19 duction of the consequences of il20 licit drug use and availability, 

21 which shall include—

22 ‘‘(I) the burden illicit drug 

23 users place on hospital emer24 gency departments in the 

25 United States, such as the 


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1 quantity of illicit drug-related 

2 services provided; 

3 ‘‘(II) the annual national 

4 health care cost of illicit drug 

5 use; and 

6 ‘‘(III) the extent of illicit 

7 drug-related crime and crimi8 nal activity. 

9 ‘‘(x) A general review of the 

10 status of, and trends in, of drug 

11 treatment in the United States, by 

12 assessing—

13 ‘‘(I) public and private 

14 treatment utilization; and 

15 ‘‘(II) the number of illicit 

16 drug users the Director esti17 mates meet diagnostic criteria 

18 for treatment. 

19 ‘‘(xi) A review of the research 

20 agenda of the Counterdrug Tech21 nology Assessment Center to re22 duce the availability and abuse of 

23 drugs. 

24 ‘‘(xii) A summary of the efforts 

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1 ordinate with private sector enti2 ties to conduct private research 

3 and development of medications 

4 to treat addiction by—

5 ‘‘(I) screening chemicals 

6 for potential therapeutic 

7 value; 

8 ‘‘(II) developing promising 

9 compounds; 

10 ‘‘(III) conducting clinical 

11 trials; 

12 ‘‘(IV) seeking, where ap13 propriate, Food and Drug Ad14 ministration approval for 

15 drugs to treat addiction; 

16 ‘‘(V) marketing, where ap17 propriate, the drug for the 

18 treatment of addiction; 

19 ‘‘(VI) urging physicians, 

20 where appropriate, to use the 

21 drug in the treatment of ad22 diction; and 

23 ‘‘(VII) encouraging, where 

24 appropriate, insurance com25 panies to reimburse the cost 


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1 of the drug for the treatment 

2 of addiction. 

3 ‘‘(xiii) Such additional statis4 tical data and information as the 

5 Director considers appropriate to 

6 demonstrate and assess trends re7 lating to illicit drug use, the ef8 fects and consequences of illicit 

9 drug use, supply reduction, de10 mand reduction, drug-related law 

11 enforcement, and the implementa12 tion of the National Drug Control 

13 Strategy. 

14 ‘‘(xiv) A supplement reviewing 

15 the activities of each individual 

16 National Drug Control Program 

17 agency during the previous year 

18 with respect to the National Drug 

19 Control Strategy and the Direc20 tor’s assessment of the progress of 

21 each National Drug Control Pro22 gram agency in meeting its re23 sponsibilities under the National 

24 Drug Control Strategy. 


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1 ‘‘(B) CLASSIFIED INFORMATION.—

2 Any contents of the National Drug 

3 Control Strategy that involve infor4 mation properly classified under cri5 teria established by an Executive 

6 order shall be presented to Congress 

7 separately from the rest of the Na8 tional Drug Control Strategy. 

9 ‘‘(C) SELECTION OF DATA AND INFOR10 MATION.—In selecting data and infor11 mation for inclusion under subpara12 graph (A), the Director shall ensure—

13 ‘‘(i) the inclusion of data and 

14 information that will permit anal15 ysis of current trends against pre16 viously compiled data and infor17 mation where the Director be18 lieves such analysis enhances 

19 long-term assessment of the Na20 tional Drug Control Strategy; and 

21 ‘‘(ii) the inclusion of data and 

22 information to permit a standard23 ized and uniform assessment of 

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1 ment programs in the United 

2 States. 

3 ‘‘(3) PROCESS FOR DEVELOPMENT AND

4 SUBMISSION.—

5 ‘‘(A) CONSULTATION.—In devel6 oping and effectively implementing 

7 the National Drug Control Strategy, 

8 the Director—

9 ‘‘(i) shall consult with—

10 ‘‘(I) the heads of the Na11 tional Drug Control Program 

12 agencies; 

13 ‘‘(II) Congress; 

14 ‘‘(III) State and local offi15 cials; 

16 ‘‘(IV) private citizens and 

17 organizations, including 

18 community- and faith-based 

19 organizations, with experi20 ence and expertise in demand 

21 reduction; 

22 ‘‘(V) private citizens and 

23 organizations with experience 

24 and expertise in supply reduc25 tion; 


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1 ‘‘(VI) private citizens and 

2 organizations with experience 

3 and expertise in law enforce4 ment; and 

5 ‘‘(VII) appropriate rep6 resentatives of foreign gov7 ernments; 

8 ‘‘(ii) with the concurrence of 

9 the Attorney General, may re10 quire the El Paso Intelligence 

11 Center to undertake specific 

12 tasks or projects to implement the 

13 National Drug Control Strategy; 

14 ‘‘(iii) with the concurrence of 

15 the Director of National Intel16 ligence and the Attorney General, 

17 may request that the National 

18 Drug Intelligence Center under19 take specific tasks or projects to 

20 implement the National Drug 

21 Control Strategy; and 

22 ‘‘(iv) may make recommenda23 tions to the Secretary of Health 

24 and Human Services on research 


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1 that supports or advances the Na2 tional Drug Control Strategy. 

3 ‘‘(B) COMMITMENT TO SUPPORT

4 STRATEGY.—In satisfying the require5 ments of subparagraph (A)(i), the Di6 rector shall ensure, to the maximum 

7 extent possible, that State and local 

8 officials and relevant private organi9 zations commit to support and take 

10 steps to achieve the goals and objec11 tives of the National Drug Control 

12 Strategy. 

13 ‘‘(C) RECOMMENDATIONS.—Rec14 ommendations under subparagraph 

15 (A)(iv) may include recommendations 

16 of research to be performed at the 

17 National Institutes of Health, includ18 ing the National Institute on Drug 

19 Abuse, or any other appropriate agen20 cy within the Department of Health 

21 and Human Services. 

22 ‘‘(D) INCLUSION IN STRATEGY.—The 

23 National Drug Control Strategy 

24 under this subsection shall include a 


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1 list of each entity consulted under 

2 subparagraph (A)(i). 

3 ‘‘(4) SUBMISSION OF REVISED STRAT4 EGY.—The President may submit to Con5 gress a revised National Drug Control 

6 Strategy that meets the requirements of 

7 this section—

8 ‘‘(A) at any time, upon a deter9 mination by the President, in con10 sultation with the Director, that the 

11 National Drug Control Strategy in ef12 fect is not sufficiently effective; or 

13 ‘‘(B) if a new President or Direc14 tor takes office. 

15 ‘‘(b) PERFORMANCE MEASUREMENT SYS16 TEM.—Not later than February 1 of each year, 

17 the Director shall submit to Congress, as part 

18 of the National Drug Control Strategy, a de19 scription of a national drug control perform20 ance measurement system that—

21 ‘‘(1) develops 2-year and 5-year per22 formance measures and targets for each 

23 National Drug Control Strategy goal and 

24 objective established for reducing drug 


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1 use, drug availability, and the con2 sequences of drug use; 

3 ‘‘(2) describes the sources of informa4 tion and data that will be used for each 

5 performance measure incorporated into 

6 the performance measurement system; 

7 ‘‘(3) identifies major programs and ac8 tivities of the National Drug Control Pro9 gram agencies that support the goals and 

10 annual objectives of the National Drug 

11 Control Strategy; 

12 ‘‘(4) evaluates the contribution of de13 mand reduction and supply reduction ac14 tivities implemented by each National 

15 Drug Control Program agency in support 

16 of the National Drug Control Strategy; 

17 ‘‘(5) monitors consistency of drug-re18 lated goals and objectives among the Na19 tional Drug Control Program agencies 

20 and ensures that each agency’s goals, ob21 jectives, and budgets support and are 

22 fully consistent with the National Drug 

23 Control Strategy; and 

24 ‘‘(6) coordinates the development and 

25 implementation of national drug control 


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1 data collection and reporting systems to 

2 support policy formulation and perform3 ance measurement, including an assess4 ment of—

5 ‘‘(A) the quality of current drug 

6 use measurement instruments and 

7 techniques to measure supply reduc8 tion and demand reduction activities; 

9 ‘‘(B) the adequacy of the coverage 

10 of existing national drug use meas11 urement instruments and techniques 

12 to measure the illicit drug user popu13 lation, and groups that are at risk for 

14 illicit drug use; and 

15 ‘‘(C) the adequacy of the coverage 

16 of existing national treatment out17 come monitoring systems to measure 

18 the effectiveness of drug abuse treat19 ment in reducing illicit drug use and 

20 criminal behavior during and after 

21 the completion of substance abuse 

22 treatment; and 

23 ‘‘(7) identifies the actions the Director 

24 shall take to correct any inadequacies, 

25 deficiencies, or limitations identified in 


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1 the assessment described in paragraph 

2 (6). 

3 ‘‘(c) MODIFICATIONS.—A description of any 

4 modifications made during the preceding 

5 year to the national drug performance meas6 urement system described in subsection (b) 

7 shall be included in each report submitted 

8 under subsection (a).’’. 

9 SEC. 109. HIGH INTENSITY DRUG TRAFFICKING AREAS 

10 PROGRAM. 

11 Section 707 (21 U.S.C. 1706) is amended to 

12 read as follows: 

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

14 PROGRAM. 

15 ‘‘(a) ESTABLISHMENT.—

16 ‘‘(1) IN GENERAL.—There is established 

17 in the Office a program to be known as 

18 the High Intensity Drug Trafficking 

19 Areas Program (in this section referred 

20 to as the ‘Program’). 

21 ‘‘(2) PURPOSE.—The purpose of the 

22 Program is to reduce drug trafficking 

23 and drug production in the United States 

24 by—


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1 ‘‘(A) facilitating cooperation 

2 among Federal, State, and local law 

3 enforcement agencies to share infor4 mation and implement coordinated 

5 enforcement activities; 

6 ‘‘(B) enhancing intelligence shar7 ing among Federal, State, and local 

8 law enforcement agencies; 

9 ‘‘(C) providing reliable intel10 ligence to law enforcement agencies 

11 needed to design effective enforce12 ment strategies and operations; and 

13 ‘‘(D) supporting coordinated law 

14 enforcement strategies which maxi15 mize use of available resources to re16 duce the supply of illegal drugs in 

17 designated areas and in the United 

18 States as a whole. 

19 ‘‘(b) DESIGNATION.—The Director, upon 

20 consultation with the Attorney General, the 

21 Secretary of the Treasury, the Secretary of 

22 Homeland Security, heads of the National 

23 Drug Control Program agencies, and the Gov24 ernor of each applicable State, may designate 

25 any specified area of the United States as a 


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1 high intensity drug trafficking area. After 

2 making such a designation and in order to 

3 provide Federal assistance to the area so des4 ignated, the Director may—

5 ‘‘(1) obligate such sums as are appro6 priated for the Program; 

7 ‘‘(2) direct the temporary reassign8 ment of Federal personnel to such area, 

9 subject to the approval of the head of the 

10 department or agency that employs such 

11 personnel; 

12 ‘‘(3) take any other action authorized 

13 under section 704 to provide increased 

14 Federal assistance to those areas; and 

15 ‘‘(4) coordinate activities under this 

16 section (specifically administrative, rec17 ordkeeping, and funds management ac18 tivities) with State and local officials. 

19 ‘‘(c) PETITIONS FOR DESIGNATION.—The Di20 rector shall establish regulations under which 

21 a coalition of interested law enforcement 

22 agencies from an area may petition for des23 ignation as a high intensity drug trafficking 

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1 cluding a recommendation regarding the 

2 merit of the petition to the Director by a 

3 panel of qualified, independent experts. 

4 ‘‘(d) FACTORS FOR CONSIDERATION.—In con5 sidering whether to designate an area under 

6 this section as a high intensity drug traf7 ficking area, the Director shall consider, in 

8 addition to such other criteria as the Director 

9 considers to be appropriate, the extent to 

10 which—

11 ‘‘(1) the area is a significant center of 

12 illegal drug production, manufacturing, 

13 importation, or distribution; 

14 ‘‘(2) State and local law enforcement 

15 agencies have committed resources to re16 spond to the drug trafficking problem in 

17 the area, thereby indicating a determina18 tion to respond aggressively to the prob19 lem; 

20 ‘‘(3) drug-related activities in the area 

21 are having a significant harmful impact 

22 in the area, and in other areas of the 

23 country; and 

24 ‘‘(4) a significant increase in alloca25 tion of Federal resources is necessary to 


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1 respond adequately to drug-related ac2 tivities in the area. 

3 ‘‘(e) ORGANIZATION OF HIGH INTENSITY

4 DRUG TRAFFICKING AREAS.—

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

6 To be eligible for funds appropriated 

7 under this section, each high intensity 

8 drug trafficking area shall be governed 

9 by an Executive Board. The Executive 

10 Board shall designate a chairman, vice 

11 chairman, and any other officers to the 

12 Executive Board that it determines are 

13 necessary. 

14 ‘‘(2) RESPONSIBILITIES.—The Executive 

15 Board of a high intensity drug trafficking 

16 area shall be responsible for—

17 ‘‘(A) providing direction and over18 sight in establishing and achieving 

19 the goals of the high intensity drug 

20 trafficking area; 

21 ‘‘(B) managing the funds of the 

22 high intensity drug trafficking area; 

23 ‘‘(C) reviewing and approving all 

24 funding proposals consistent with the 


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1 overall objective of the high intensity 

2 drug trafficking area; and 

3 ‘‘(D) reviewing and approving all 

4 reports to the Director on the activi5 ties of the high intensity drug traf6 ficking area. 

7 ‘‘(3) BOARD REPRESENTATION.—None of 

8 the funds appropriated under this section 

9 may be expended for any high intensity 

10 drug trafficking area, or for a partner11 ship or region of a high intensity drug 

12 trafficking area, if that area’s, region’s or 

13 partnership’s Executive Board does not 

14 apportion an equal number of votes be15 tween representatives of participating 

16 Federal agencies and representatives of 

17 participating State and local agencies. 

18 Where it is impractical for a equal num19 ber of representatives of Federal agen20 cies and State and local agencies to at21 tend a meeting of an Executive Board in 

22 person, the Executive Board may use a 

23 system of proxy votes or weighted votes 

24 to achieve the voting balance required by 

25 this paragraph. 


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1 ‘‘(4) NO AGENCY RELATIONSHIP.—The 

2 eligibility requirements of this section 

3 are intended to ensure the responsible 

4 use of Federal funds. Nothing in this sec5 tion is intended to create an agency rela6 tionship between individual high inten7 sity drug trafficking areas and the Fed8 eral Government. 

9 ‘‘(f) USE OF FUNDS.—The Director shall en10 sure that no Federal funds appropriated for 

11 the Program are expended for the establish12 ment or expansion of drug treatment or drug 

13 use prevention programs. 

14 ‘‘(g) COUNTERTERRORISM ACTIVITIES.—

15 ‘‘(1) ASSISTANCE AUTHORIZED.—The Di16 rector may authorize use of resources 

17 available for the Program to assist Fed18 eral, State, and local law enforcement 

19 agencies in investigations and activities 

20 related to terrorism and prevention of 

21 terrorism, especially but not exclusively 

22 with respect to such investigations and 

23 activities that are also related to drug 

24 trafficking. 


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1 ‘‘(2) LIMITATION.—The Director shall 

2 ensure—

3 ‘‘(A) that assistance provided 

4 under paragraph (1) remains inci5 dental to the purpose of the Program 

6 to reduce drug availability and carry 

7 out drug-related law enforcement ac8 tivities; and 

9 ‘‘(B) that significant resources of 

10 the Program are not redirected to ac11 tivities exclusively related to ter12 rorism, except on a temporary basis 

13 under extraordinary circumstances, 

14 as determined by the Director. 

15 ‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINIS16 TRATION.—The Director, in consultation with 

17 the Attorney General, shall ensure that a rep18 resentative of the Drug Enforcement Adminis19 tration is included in the Intelligence Support 

20 Center for each high intensity drug traf21 ficking area. 

22 ‘‘(i) ANNUAL HIDTA PROGRAM BUDGET SUB23 MISSIONS.—As part of the documentation that 

24 supports the President’s annual budget re25 quest for the Office, the Director shall submit 


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1 to Congress a budget justification that in2 cludes the following: 

3 ‘‘(1) The amount requested for each 

4 high intensity drug trafficking area with 

5 supporting narrative descriptions and ra6 tionale for each request. 

7 ‘‘(2) A detailed justification for each 

8 funding request that explains the reasons 

9 for the requested funding level, how such 

10 funding level was determined based on a 

11 current assessment of the drug traf12 ficking threat in each high intensity drug 

13 trafficking area, how such funding will 

14 ensure that the goals and objectives of 

15 each such area will be achieved, and how 

16 such funding supports the National Drug 

17 Control Strategy. 

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

19 ‘‘(1) IN GENERAL.—The Director may 

20 expend up to 10 percent of the amounts 

21 appropriated under this section on a dis22 cretionary basis, to respond to any 

23 emerging drug trafficking threat in an 

24 existing high intensity drug trafficking 

25 area, or to establish a new high intensity 


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1 drug trafficking area or expand an exist2 ing high intensity drug trafficking area, 

3 in accordance with the criteria estab4 lished under paragraph (2). 

5 ‘‘(2) CONSIDERATION OF IMPACT.—In al6 locating funds under this subsection, the 

7 Director shall consider—

8 ‘‘(A) the impact of activities fund9 ed on reducing overall drug traffic in 

10 the United States, or minimizing the 

11 probability that an emerging drug 

12 trafficking threat will spread to other 

13 areas of the United States; and 

14 ‘‘(B) such other criteria as the Di15 rector considers appropriate. 

16 ‘‘(k) EVALUATION.—

17 ‘‘(1) INITIAL REPORT.—Not later than 

18 90 days after the date of the enactment of 

19 this subsection, the Director shall, after 

20 consulting with the Executive Boards of 

21 each designated high intensity drug traf22 ficking area, submit a report to Congress 

23 that describes, for each designated high 

24 intensity drug trafficking area—


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1 ‘‘(A) the specific purposes for the 

2 high intensity drug trafficking area; 

3 ‘‘(B) the specific long-term and 

4 short-term goals and objectives for 

5 the high intensity drug trafficking 

6 area; 

7 ‘‘(C) the measurements that will 

8 be used to evaluate the performance 

9 of the high intensity drug trafficking 

10 area in achieving the long-term and 

11 short-term goals; and 

12 ‘‘(D) the reporting requirements 

13 needed to evaluate the performance 

14 of the high intensity drug trafficking 

15 area in achieving the long-term and 

16 short-term goals. 

17 ‘‘(2) EVALUATION OF HIDTA PROGRAM AS

18 PART OF NATIONAL DRUG CONTROL STRAT19 EGY.—For each designated high intensity 

20 drug trafficking area, the Director shall 

21 submit, as part of the annual National 

22 Drug Control Strategy report, a report 

23 that—

24 ‘‘(A) describes—


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1 ‘‘(i) the specific purposes for 

2 the high intensity drug traf3 ficking area; and 

4 ‘‘(ii) the specific long-term 

5 and short-term goals and objec6 tives for the high intensity drug 

7 trafficking area; and 

8 ‘‘(B) includes an evaluation of the 

9 performance of the high intensity 

10 drug trafficking area in accom11 plishing the specific long-term and 

12 short-term goals and objectives iden13 tified under paragraph (1)(B). 

14 ‘‘(l) ASSESSMENT OF DRUG ENFORCEMENT

15 TASK FORCES IN HIGH INTENSITY DRUG TRAF16 FICKING AREAS.—Not later than 180 days after 

17 the date of enactment of this subsection, and 

18 as part of each subsequent annual National 

19 Drug Control Strategy report, the Director 

20 shall submit to Congress a report—

21 ‘‘(1) assessing the number and oper22 ation of all federally funded drug en23 forcement task forces within each high 

24 intensity drug trafficking area; and 

25 ‘‘(2) describing—


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1 ‘‘(A) each Federal, State, and local 

2 drug enforcement task force oper3 ating in the high intensity drug traf4 ficking area; 

5 ‘‘(B) how such task forces coordi6 nate with each other, with any high 

7 intensity drug trafficking area task 

8 force, and with investigations receiv9 ing funds from the Organized Crime 

10 and Drug Enforcement Task Force; 

11 ‘‘(C) what steps, if any, each such 

12 task force takes to share information 

13 regarding drug trafficking and drug 

14 production with other federally fund15 ed drug enforcement task forces in 

16 the high intensity drug trafficking 

17 area; 

18 ‘‘(D) the role of the high intensity 

19 drug trafficking area in coordinating 

20 the sharing of such information 

21 among task forces; 

22 ‘‘(E) the nature and extent of co23 operation by each Federal, State, and 

24 local participant in ensuring that 

25 such information is shared among 


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1 law enforcement agencies and with 

2 the high intensity drug trafficking 

3 area; 

4 ‘‘(F) the nature and extent to 

5 which information sharing and en6 forcement activities are coordinated 

7 with joint terrorism task forces in the 

8 high intensity drug trafficking area; 

9 and 

10 ‘‘(G) any recommendations for 

11 measures needed to ensure that task 

12 force resources are utilized efficiently 

13 and effectively to reduce the avail14 ability of illegal drugs in the high in15 tensity drug trafficking areas. 

16 ‘‘(m) ASSESSMENT OF INTELLIGENCE SHARING

17 IN HIGH INTENSITY DRUG TRAFFICKING AREAS—

18 PROGRAM.—Not later than 180 days after the 

19 date of the enactment of this subsection, and 

20 as part of each subsequent annual National 

21 Drug Control Strategy report, the Director 

22 shall submit to Congress a report—

23 ‘‘(1) evaluating existing and planned 

24 intelligence systems supported by each 

25 high intensity drug trafficking area, or 


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1 utilized by task forces receiving any 

2 funding under the Program, including 

3 the extent to which such systems ensure 

4 access and availability of intelligence to 

5 Federal, State, and local law enforcement 

6 agencies within the high intensity drug 

7 trafficking area and outside of it; 

8 ‘‘(2) the extent to which Federal, 

9 State, and local law enforcement agencies 

10 participating in each high intensity drug 

11 trafficking area are sharing intelligence 

12 information to assess current drug traf13 ficking threats and design appropriate 

14 enforcement strategies; and 

15 ‘‘(3) the measures needed to improve 

16 effective sharing of information and in17 telligence regarding drug trafficking and 

18 drug production among Federal, State, 

19 and local law enforcement participating 

20 in a high intensity drug trafficking area, 

21 and between such agencies and similar 

22 agencies outside the high intensity drug 

23 trafficking area. 

24 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to the 


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1 Office of National Drug Control Policy to 

2 carry out this section—

3 ‘‘(1) $280,000,000 for fiscal year 2006; 

4 ‘‘(2) $290,000,000 for each of fiscal 

5 years 2007 and 2008; and 

6 ‘‘(3) $300,000,000 for each of fiscal 

7 years 2009 and 2010.’’. 

8 SEC. 110. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

9 TRAFFICKING AREAS. 

10 (a) SHORT TITLE.—This section may be 

11 cited as the ‘‘Dawson Family Community Pro12 tection Act’’. 

13 (b) FINDINGS.—Congress finds the fol14 lowing: 

15 (1) In the early morning hours of Oc16 tober 16, 2002, the home of Carnell and 

17 Angela Dawson was firebombed in appar18 ent retaliation for Mrs. Dawson’s notifica19 tion of police about persistent drug dis20 tribution activity in their East Baltimore 

21 City neighborhood. 

22 (2) The arson claimed the lives of Mr. 

23 and Mrs. Dawson and their 5 young chil24 dren, aged 9 to 14. 


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1 (3) The horrific murder of the Daw2 son family is a stark example of domestic 

3 narco-terrorism. 

4 (4) In all phases of counter-narcotics 

5 law enforcement—from prevention to in6 vestigation to prosecution to reentry—the 

7 voluntary cooperation of ordinary citi8 zens is a critical component. 

9 (5) Voluntary cooperation is difficult 

10 for law enforcement officials to obtain 

11 when citizens feel that cooperation car12 ries the risk of violent retaliation by ille13 gal drug trafficking organizations and 

14 their affiliates. 

15 (6) Public confidence that law en16 forcement is doing all it can to make 

17 communities safe is a prerequisite for 

18 voluntary cooperation among people who 

19 may be subject to intimidation or reprisal 

20 (or both). 

21 (7) Witness protection programs are 

22 insufficient on their own to provide secu23 rity because many individuals and fami24 lies who strive every day to make dis25 tressed neighborhoods livable for their 


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1 children, other relatives, and neighbors 

2 will resist or refuse offers of relocation 

3 by local, State, and Federal prosecutorial 

4 agencies and because, moreover, the con5 tinued presence of strong individuals and 

6 families is critical to preserving and 

7 strengthening the social fabric in such 

8 communities. 

9 (8) Where (as in certain sections of 

10 Baltimore City) interstate trafficking of 

11 illegal drugs has severe ancillary local 

12 consequences within areas designated as 

13 high intensity drug trafficking areas, it is 

14 important that supplementary High In15 tensity Drug Trafficking Areas Program 

16 funds be committed to support initiatives 

17 aimed at making the affected commu18 nities safe for the residents of those com19 munities and encouraging their coopera20 tion with local, State, and Federal law en21 forcement efforts to combat illegal drug 

22 trafficking. 

23 (c) FUNDING FOR CERTAIN HIGH INTENSITY

24 DRUG TRAFFICKING AREAS.—Section 707 (21 

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1 ther amended by adding at the end the fol2 lowing new subsection: 

3 ‘‘(o) SPECIFIC PURPOSES.—

4 ‘‘(1) IN GENERAL.—The Director shall 

5 ensure that, of the amounts appropriated 

6 for a fiscal year for the Program, at least 

7 $5,000,000 is used in high intensity drug 

8 trafficking areas with severe neighbor9 hood safety and illegal drug distribution 

10 problems. 

11 ‘‘(2) REQUIRED USES.—The funds used 

12 under paragraph (1) shall be used—

13 ‘‘(A) to ensure the safety of neigh14 borhoods and the protection of com15 munities, including the prevention of 

16 the intimidation of potential wit17 nesses of illegal drug distribution and 

18 related activities; and 

19 ‘‘(B) to combat illegal drug traf20 ficking through such methods as the 

21 Director considers appropriate, such 

22 as establishing or operating (or both) 

23 a toll-free telephone hotline for use 

24 by the public to provide information 

25 about illegal drug-related activities.’’. 


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1 SEC. 111. AMENDMENTS RELATING TO COUNTER-DRUG 

2 TECHNOLOGY ASSESSMENT CENTER. 

3 (a) CHIEF SCIENTIST.—Section 708(b) (21 

4 U.S.C. 1707(b)) is amended—

5 (1) in the heading by striking ‘‘DIREC6 TOR OF TECHNOLOGY.—’’ and inserting 

7 ‘‘CHIEF SCIENTIST.—’’; and 

8 (2) by striking ‘‘Director of Tech9 nology,’’ and inserting ‘‘Chief Scientist,’’. 

10 (b) ADDITIONAL RESPONSIBILITIES OF DIREC11 TOR.—Section 708(c) (21 U.S.C. 1707(c)) is 

12 amended to read as follows: 

13 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE

14 DIRECTOR OF NATIONAL DRUG CONTROL POL15 ICY.—

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

17 through the Chief Scientist shall—

18 ‘‘(A) identify and define the 

19 short-, medium-, and long-term sci20 entific and technological needs of 

21 Federal, State, and local law enforce22 ment agencies relating to drug en23 forcement, including—

24 ‘‘(i) advanced surveillance, 

25 tracking, and radar imaging; 


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1 ‘‘(ii) electronic support meas2 ures; 

3 ‘‘(iii) communications; 

4 ‘‘(iv) data fusion, advanced 

5 computer systems, and artificial 

6 intelligence; and 

7 ‘‘(v) chemical, biological, radi8 ological (including neutron, elec9 tron, and graviton), and other 

10 means of detection; 

11 ‘‘(B) identify demand reduction 

12 (including drug prevention) basic and 

13 applied research needs and initia14 tives, in consultation with affected 

15 National Drug Control Program agen16 cies, including—

17 ‘‘(i) improving treatment 

18 through neuroscientific advances; 

19 ‘‘(ii) improving the transfer of 

20 biomedical research to the clin21 ical setting; and 

22 ‘‘(iii) in consultation with the 

23 National Institute on Drug Abuse 

24 and the Substance Abuse and 

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1 tration, and through interagency 

2 agreements or grants, examining 

3 addiction and rehabilitation re4 search and the application of 

5 technology to expanding the ef6 fectiveness or availability of drug 

7 treatment; 

8 ‘‘(C) make a priority ranking of 

9 such needs identified in subpara10 graphs (A) and (B) according to fiscal 

11 and technological feasibility, as part 

12 of a National Counterdrug Research 

13 and Development Program; 

14 ‘‘(D) oversee and coordinate 

15 counterdrug technology initiatives 

16 with related activities of other Fed17 eral civilian and military depart18 ments; 

19 ‘‘(E) provide support to the devel20 opment and implementation of the 

21 national drug control performance 

22 measurement system established 

23 under subsection (b) of section 706; 

24 ‘‘(F) with the advice and counsel 

25 of experts from State and local law 


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1 enforcement agencies, oversee and 

2 coordinate a technology transfer pro3 gram for the transfer of technology to 

4 State and local law enforcement 

5 agencies; and 

6 ‘‘(G) pursuant to the authority of 

7 the Director of National Drug Control 

8 Policy under section 704, submit re9 quests to Congress for the reprogram10 ming or transfer of funds appro11 priated for counterdrug technology 

12 research and development. 

13 ‘‘(2) PRIORITIES IN TRANSFERRING TECH14 NOLOGY.—

15 ‘‘(A) IN GENERAL.—The Chief Sci16 entist shall give priority, in transfer17 ring technology under paragraph 

18 (1)(F), based on the following criteria: 

19 ‘‘(i) the need of potential re20 cipients for such technology; 

21 ‘‘(ii) the effectiveness of the 

22 technology to enhance current 

23 counterdrug activities of poten24 tial recipients; and 


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1 ‘‘(iii) the ability and willing2 ness of potential recipients to 

3 evaluate transferred technology. 

4 ‘‘(B) INTERDICTION AND BORDER

5 DRUG LAW ENFORCEMENT TECH6 NOLOGIES.—The Chief Scientist shall 

7 give priority, in transferring tech8 nologies most likely to assist in drug 

9 interdiction and border drug law en10 forcement, to State, local, and tribal 

11 law enforcement agencies in south12 west border areas and northern bor13 der areas with significant traffic in il14 licit drugs. 

15 ‘‘(3) LIMITATION ON AUTHORITY.—The 

16 authority granted to the Director under 

17 this subsection shall not extend to the di18 rect management of individual projects 

19 or other operational activities. 

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

21 each year, the Director shall submit a re22 port to the appropriate congressional 

23 committees that addresses the following: 

24 ‘‘(A) The number of requests re25 ceived during the previous 12 


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1 months, including the identity of 

2 each requesting agency and the type 

3 of technology requested. 

4 ‘‘(B) The number of requests ful5 filled during the previous 12 months, 

6 including the identity of each recipi7 ent agency and the type of technology 

8 transferred. 

9 ‘‘(C) A summary of the criteria 

10 used in making the determination on 

11 what requests were funded and what 

12 requests were not funded, except that 

13 such summary shall not include spe14 cific information on any individual 

15 requests. 

16 ‘‘(D) A general assessment of the 

17 future needs of the program, based 

18 on expected changes in threats, ex19 pected technologies, and likely need 

20 from potential recipients. 

21 ‘‘(E) An assessment of the effec22 tiveness of the technologies trans23 ferred, based in part on the evalua24 tions provided by the recipients, with 

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1 nology should continue to be offered 

2 through the program.’’. 

3 (c) ASSISTANCE FROM SECRETARY OF HOME4 LAND SECURITY.—Section 708(d) (21 U.S.C. 

5 1707(d)) is amended by inserting ‘‘, the Sec6 retary of Homeland Security,’’ after ‘‘The Sec7 retary of Defense’’. 

8 SEC. 112. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

9 (a) IN GENERAL.—Section 709 (21 U.S.C. 

10 1708) is amended to read as follows: 

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

12 ‘‘(a) IN GENERAL.—The Director shall con13 duct a national youth anti-drug media cam14 paign (referred to in this subtitle as the ‘na15 tional media campaign’) in accordance with 

16 this section for the purposes of—

17 ‘‘(1) preventing drug abuse among 

18 young people in the United States; 

19 ‘‘(2) increasing awareness of adults of 

20 the impact of drug abuse on young peo21 ple; and 

22 ‘‘(3) encouraging parents and other 

23 interested adults to discuss with young 

24 people the dangers of illegal drug use. 

25 ‘‘(b) USE OF FUNDS.—


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1 ‘‘(1) IN GENERAL.—Amounts made 

2 available to carry out this section for the 

3 national media campaign may only be 

4 used for the following: 

5 ‘‘(A) The purchase of media time 

6 and space, including the strategic 

7 planning for, and accounting of, such 

8 purchases. 

9 ‘‘(B) Creative and talent costs, 

10 consistent with paragraph (2)(A). 

11 ‘‘(C) Advertising production costs. 

12 ‘‘(D) Testing and evaluation of ad13 vertising. 

14 ‘‘(E) Evaluation of the effective15 ness of the national media campaign. 

16 ‘‘(F) The negotiated fees for the 

17 winning bidder on requests for pro18 posals issued either by the Office or 

19 its designee to enter into contracts to 

20 carry out activities authorized by this 

21 section. 

22 ‘‘(G) Partnerships with profes23 sional and civic groups, community24 based organizations, including faith25 based organizations, and government 


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1 organizations related to the national 

2 media campaign. 

3 ‘‘(H) Entertainment industry out4 reach, interactive outreach, media 

5 projects and activities, public infor6 mation, news media outreach, and 

7 corporate sponsorship and participa8 tion. 

9 ‘‘(I) Operational and management 

10 expenses. 

11 ‘‘(2) SPECIFIC REQUIREMENTS.—

12 ‘‘(A) CREATIVE SERVICES.—

13 ‘‘(i) In using amounts for cre14 ative and talent costs under para15 graph (1)(B), the Director shall 

16 use creative services donated at 

17 no cost to the Government (in18 cluding creative services pro19 vided by the Partnership for a 

20 Drug-Free America) wherever fea21 sible and may only procure cre22 ative services for advertising—

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1 paign needs that cannot time2 ly be obtained at no cost; or 

3 ‘‘(II) intended to reach a 

4 minority, ethnic, or other spe5 cial audience that cannot rea6 sonably be obtained at no 

7 cost; or 

8 ‘‘(III) the Director deter9 mines that the Partnership 

10 for a Drug-Free America is 

11 unable to provide, pursuant 

12 to subsection (d)(2)(B). 

13 ‘‘(ii) No more than $1,500,000 

14 may be expended under this sec15 tion each fiscal year on creative 

16 services, except that the Director 

17 may expend up to $2,000,000 in a 

18 fiscal year on creative services to 

19 meet urgent needs of the national 

20 media campaign with advance ap21 proval from the Committee on Ap22 propriations of the House of Rep23 resentatives and of the Senate 

24 upon a showing of the cir25 cumstances causing such urgent 


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1 needs of the national media cam2 paign. 

3 ‘‘(B) TESTING AND EVALUATION OF

4 ADVERTISING.—In using amounts for 

5 testing and evaluation of advertising 

6 under paragraph (1)(D), the Director 

7 shall test all advertisements prior to 

8 use in the national media campaign 

9 to ensure that the advertisements are 

10 effective and meet industry-accepted 

11 standards. The Director may waive 

12 this requirement for advertisements 

13 using no more than 10 percent of the 

14 purchase of advertising time pur15 chased under this section in a fiscal 

16 year and no more than 10 percent of 

17 the advertising space purchased 

18 under this section in a fiscal year, if 

19 the advertisements respond to emer20 gent and time-sensitive campaign 

21 needs or the advertisements will not 

22 be widely utilized in the national 

23 media campaign. 

24 ‘‘(C) EVALUATION OF EFFECTIVENESS

25 OF MEDIA CAMPAIGN.—In using 


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1 amounts for the evaluation of the ef2 fectiveness of the national media 

3 campaign under paragraph (1)(E), the 

4 Director shall—

5 ‘‘(i) designate an independent 

6 entity to evaluate annually the ef7 fectiveness of the national media 

8 campaign based on data from—

9 ‘‘(I) the Monitoring the Fu10 ture Study published by the 

11 Department of Health and 

12 Human Services; 

13 ‘‘(II) the Attitude Tracking 

14 Study published by the Part15 nership for a Drug Free Amer16 ica; 

17 ‘‘(III) the National House18 hold Survey on Drug Abuse; 

19 and 

20 ‘‘(IV) other relevant stud21 ies or publications, as deter22 mined by the Director, includ23 ing tracking and evaluation 

24 data collected according to 


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1 marketing and advertising in2 dustry standards; and 

3 ‘‘(ii) ensure that the effective4 ness of the national media cam5 paign is evaluated in a manner 

6 that enables consideration of 

7 whether the national media cam8 paign has contributed to reduc9 tion of illicit drug use among 

10 youth and such other measures of 

11 evaluation as the Director deter12 mines are appropriate. 

13 ‘‘(3) PURCHASE OF ADVERTISING TIME

14 AND SPACE.—For each fiscal year, not less 

15 than 77 percent of the amounts appro16 priated under this section shall be used 

17 for the purchase of advertising time and 

18 space for the national media campaign, 

19 subject to the following exceptions: 

20 ‘‘(A) In any fiscal year for which 

21 less than $125,000,000 is appropriated 

22 for the national media campaign, not 

23 less than 82 percent of the amounts 

24 appropriated under this section shall 

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1 tising time and space for the national 

2 media campaign. 

3 ‘‘(B) In any fiscal year for which 

4 more than $195,000,000 is appro5 priated under this section, not less 

6 than 72 percent shall be used for ad7 vertising production costs and the 

8 purchase of advertising time and 

9 space for the national media cam10 paign. 

11 ‘‘(c) ADVERTISING.—In carrying out this 

12 section, the Director shall ensure that suffi13 cient funds are allocated to meet the stated 

14 goals of the national media campaign. 

15 ‘‘(d) DIVISION OF RESPONSIBILITIES AND

16 FUNCTIONS UNDER THE PROGRAM.—

17 ‘‘(1) IN GENERAL.—The Director, in 

18 consultation with the Partnership for a 

19 Drug-Free America, shall determine the 

20 overall purposes and strategy of the na21 tional media campaign. 

22 ‘‘(2) RESPONSIBILITIES.—

23 ‘‘(A) DIRECTOR.—The Director 

24 shall be responsible for implementing 

25 a focused national media campaign to 


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1 meet the purposes set forth in sub2 section (a), and shall approve—

3 ‘‘(i) the strategy of the na4 tional media campaign; 

5 ‘‘(ii) all advertising and pro6 motional material used in the na7 tional media campaign; and 

8 ‘‘(iii) the plan for the pur9 chase of advertising time and 

10 space for the national media cam11 paign. 

12 ‘‘(B) THE PARTNERSHIP FOR A DRUG13 FREE AMERICA.—The Director shall re14 quest that the Partnership for a 

15 Drug-Free America—

16 ‘‘(i) develop and recommend 

17 strategies to achieve the goals of 

18 the national media campaign, in19 cluding addressing national and 

20 local drug threats in specific re21 gions or States, such as meth22 amphetamine and ecstasy; 

23 ‘‘(ii) create all advertising to 

24 be used in the national media 


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1 campaign, except advertisements 

2 that are—

3 ‘‘(I) provided by other 

4 nonprofit entities pursuant to 

5 subsection (f); 

6 ‘‘(II) intended to respond 

7 to high-priority or emergent 

8 campaign needs that cannot 

9 timely be obtained at no cost 

10 (not including production 

11 costs and talent reuse pay12 ments), provided that any 

13 such advertising material is 

14 reviewed by the Partnership 

15 for a Drug-Free America; 

16 ‘‘(III) intended to reach a 

17 minority, ethnic, or other spe18 cial audience that cannot be 

19 obtained at no cost (not in20 cluding production costs and 

21 talent reuse payments), pro22 vided that any such adver23 tising material is reviewed by 

24 the Partnership for a Drug25 Free America; or 


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1 ‘‘(IV) any other advertise2 ments that the Director deter3 mines that the Partnership 

4 for a Drug-Free America is 

5 unable to provide. 

6 ‘‘(C) MEDIA BUYING CONTRACTOR.—

7 The Director shall enter into a con8 tract with a media buying contractor 

9 to plan and purchase advertising 

10 time and space for the national media 

11 campaign. The media buying con12 tractor shall not provide any other 

13 service or material, or conduct any 

14 other function or activity which the 

15 Director determines should be pro16 vided by the Partnership for a Drug17 Free America. 

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

19 made available under subsection (b) may be 

20 obligated or expended for any of the fol21 lowing: 

22 ‘‘(1) To supplant current antidrug 

23 community-based coalitions. 

24 ‘‘(2) To supplant pro bono public serv25 ice time donated by national and local 


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1 broadcasting networks for other public 

2 service campaigns. 

3 ‘‘(3) For partisan political purposes, 

4 or express advocacy in support of or to 

5 defeat any clearly identified candidate, 

6 clearly identified ballot initiative, or 

7 clearly identified legislative or regulatory 

8 proposal. 

9 ‘‘(4) To fund advertising that features 

10 any elected officials, persons seeking 

11 elected office, cabinet level officials, or 

12 other Federal officials employed pursu13 ant to section 213 of Schedule C of title 5, 

14 Code of Federal Regulations. 

15 ‘‘(5) To fund advertising that does not 

16 contain a primary message intended to 

17 reduce or prevent illicit drug use. 

18 ‘‘(6) To fund advertising containing a 

19 primary message intended to promote 

20 support for the media campaign or pri21 vate sector contributions to the media 

22 campaign. 

23 ‘‘(f) MATCHING REQUIREMENT.—

24 ‘‘(1) IN GENERAL.—Amounts made 

25 available under subsection (b) for media 


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1 time and space shall be matched by an 

2 equal amount of non-Federal funds for 

3 the national media campaign, or be 

4 matched with in-kind contributions of 

5 the same value. 

6 ‘‘(2) NO-COST MATCH ADVERTISING DI7 RECT RELATIONSHIP REQUIREMENT.—The Di8 rector shall ensure that at least 70 per9 cent of no-cost match advertising pro10 vided directly relates to substance abuse 

11 prevention consistent with the specific 

12 purposes of the national media campaign, 

13 except that in any fiscal year in which 

14 less than $125,000,000 is appropriated to 

15 the national media campaign, the Direc16 tor shall ensure that at least 85 percent 

17 of no-cost match advertising directly re18 lates to substance abuse prevention con19 sistent with the specific purposes of the 

20 national media campaign. 

21 ‘‘(3) NO-COST MATCH ADVERTISING NOT

22 DIRECTLY RELATED.—The Director shall 

23 ensure that no-cost match advertising 

24 that does not directly relate to substance 

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1 poses of the national media campaign in2 cludes a clear antidrug message. Such 

3 message is not required to be the primary 

4 message of the match advertising. 

5 ‘‘(g) FINANCIAL AND PERFORMANCE AC6 COUNTABILITY.—The Director shall cause to be 

7 performed—

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

9 national media campaign pursuant to 

10 section 304C of the Federal Property and 

11 Administrative Services Act of 1949 (41 

12 U.S.C. 254d); and 

13 ‘‘(2) an audit to determine whether 

14 the costs of the national media campaign 

15 are allowable under section 306 of such 

16 Act (41 U.S.C. 256). 

17 ‘‘(h) REPORT TO CONGRESS.—The Director 

18 shall submit on an annual basis a report to 

19 Congress that describes—

20 ‘‘(1) the strategy of the national media 

21 campaign and whether specific objectives 

22 of the media campaign were accom23 plished; 

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1 fective and efficient manner consistent 

2 with the overall strategy and focus of the 

3 national media campaign; 

4 ‘‘(3) plans to purchase advertising 

5 time and space; 

6 ‘‘(4) policies and practices imple7 mented to ensure that Federal funds are 

8 used responsibly to purchase advertising 

9 time and space and eliminate the poten10 tial for waste, fraud, and abuse; and 

11 ‘‘(5) all contracts entered into with a 

12 corporation, partnership, or individual 

13 working on behalf of the national media 

14 campaign. 

15 ‘‘(i) LOCAL TARGET REQUIREMENT.—The Di16 rector shall, to the maximum extent feasible, 

17 use amounts made available under this sec18 tion for media that focuses on, or includes 

19 specific information on, prevention or treat20 ment resources for consumers within specific 

21 local areas. 

22 ‘‘(j) PREVENTION OF MARIJUANA USE.—

23 ‘‘(1) FINDINGS.—The Congress finds 

24 the following: 


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1 ‘‘(A) 60 percent of adolescent ad2 missions for drug treatment are 

3 based on marijuana use. 

4 ‘‘(B) Potency levels of contem5 porary marijuana, particularly 

6 hydroponically grown marijuana, are 

7 significantly higher than in the past, 

8 rising from under 1 percent of THC in 

9 the mid-1970s to as high as 30 percent 

10 today. 

11 ‘‘(C) Contemporary research has 

12 demonstrated that youths smoking 

13 marijuana early in life may be up to 

14 five times more likely to use hard 

15 drugs. 

16 ‘‘(D) Contemporary research has 

17 demonstrated clear detrimental ef18 fects in adolescent educational 

19 achievement resulting from mari20 juana use. 

21 ‘‘(E) Contemporary research has 

22 demonstrated clear detrimental ef23 fects in adolescent brain development 

24 resulting from marijuana use. 


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1 ‘‘(F) An estimated 9,000,000 Ameri2 cans a year drive while under the in3 fluence of illegal drugs, including 

4 marijuana. 

5 ‘‘(G) Marijuana smoke contains 50 

6 to 70 percent more of certain cancer 

7 causing chemicals than tobacco 

8 smoke. 

9 ‘‘(H) Teens who use marijuana are 

10 up to four times more likely to have a 

11 teen pregnancy than teens who have 

12 not. 

13 ‘‘(I) Federal law enforcement 

14 agencies have identified clear links 

15 suggesting that trade in hydroponic 

16 marijuana facilitates trade by crimi17 nal organizations in hard drugs, in18 cluding heroin. 

19 ‘‘(J) Federal law enforcement 

20 agencies have identified possible 

21 links between trade in cannabis prod22 ucts and financing for terrorist orga23 nizations. 

24 ‘‘(2) EMPHASIS ON PREVENTION OF

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1 vertising and activities otherwise author2 ized under this section, the Director may 

3 emphasize prevention of youth marijuana 

4 use. 

5 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to the 

7 Office to carry out this section, $195,000,000 

8 for each of fiscal years 2006 and 2007 and 

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

10 through 2010.’’. 

11 (b) REPEAL OF SUPERSEDED PROVISIONS.—

12 The Drug-Free Media Campaign Act of 1998 

13 (21 U.S.C. 1801 et seq.) is repealed. 

14 SEC. 113. DRUG INTERDICTION. 

15 (a) IN GENERAL.—Subsections (a) and (b) of 

16 section 711 (21 U.S.C. 1710) are amended to 

17 read as follows: 

18 ‘‘(a) UNITED STATES INTERDICTION COORDI19 NATOR.—

20 ‘‘(1) IN GENERAL.—The Deputy Direc21 tor for Supply Reduction in the Office 

22 shall serve as the United States Interdic23 tion Coordinator, and shall perform the 

24 duties of that position described in para25 graph (2) and such other duties as may 


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1 be determined by the Director with re2 spect to coordination of efforts to inter3 dict illicit drugs from entering the United 

4 States. 

5 ‘‘(2) RESPONSIBILITIES.—The United 

6 States Interdiction Coordinator shall be 

7 responsible to the Director for—

8 ‘‘(A) coordinating the interdiction 

9 activities of the National Drug Con10 trol Program agencies to ensure con11 sistency with the National Drug Con12 trol Strategy; 

13 ‘‘(B) on behalf of the Director, de14 veloping and issuing, on or before 

15 March 1 of each year and in accord16 ance with paragraph (3), a National 

17 Interdiction Command and Control 

18 Plan to ensure the coordination and 

19 consistency described in subpara20 graph (A); 

21 ‘‘(C) assessing the sufficiency of 

22 assets committed to illicit drug inter23 diction by the relevant National Drug 

24 Control Program agencies; and 


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1 ‘‘(D) advising the Director on the 

2 efforts of each National Drug Control 

3 Program agency to implement the Na4 tional Interdiction Command and 

5 Control Plan. 

6 ‘‘(3) STAFF.—The Director shall assign 

7 such permanent staff of the Office as he 

8 considers appropriate to assist the 

9 United States Interdiction Coordinator to 

10 carry out the responsibilities described 

11 in paragraph (2), and may also, at his dis12 cretion, request that appropriate Na13 tional Drug Control Program agencies de14 tail or assign staff to the Office of Supply 

15 Reduction for that purpose. 

16 ‘‘(4) NATIONAL INTERDICTION COMMAND

17 AND CONTROL PLAN.—

18 ‘‘(A) PURPOSES.—The National 

19 Interdiction Command and Control 

20 Plan shall—

21 ‘‘(i) set forth the Government’s 

22 strategy for drug interdiction; 

23 ‘‘(ii) state the specific roles 

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1 gram agencies for implementing 

2 that strategy; and 

3 ‘‘(iii) identify the specific re4 sources required to enable the 

5 relevant National Drug Control 

6 Program agencies to implement 

7 that strategy. 

8 ‘‘(B) CONSULTATION WITH OTHER

9 AGENCIES.—The United States Inter10 diction Coordinator shall issue the 

11 National Interdiction Command and 

12 Control Plan in consultation with the 

13 other members of the Interdiction 

14 Committee described in subsection 

15 (b). 

16 ‘‘(C) LIMITATION.—The National 

17 Interdiction Command and Control 

18 Plan shall not change existing agency 

19 authorities or the laws governing 

20 interagency relationships, but may 

21 include recommendations about 

22 changes to such authorities or laws. 

23 ‘‘(D) REPORT TO CONGRESS.—On or 

24 before March 1 of each year, the 

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1 nator shall provide a report on behalf 

2 of the Director to the appropriate 

3 congressional committees, to the 

4 Committee on Armed Services and 

5 the Committee on Homeland Security 

6 of the House of Representatives, and 

7 to the Committee on Homeland Secu8 rity and Governmental Affairs and 

9 the Committee on Armed Services of 

10 the Senate, which shall include—

11 ‘‘(i) a copy of that year’s Na12 tional Interdiction Command and 

13 Control Plan; 

14 ‘‘(ii) information for the pre15 vious 10 years regarding the num16 ber and type of seizures of drugs 

17 by each National Drug Control 

18 Program agency conducting drug 

19 interdiction activities, as well as 

20 statistical information on the geo21 graphic areas of such seizures; 

22 and 

23 ‘‘(iii) information for the pre24 vious 10 years regarding the num25 ber of air and maritime patrol 


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1 hours undertaken by each Na2 tional Drug Control Program 

3 agency conducting drug interdic4 tion activities, as well as statis5 tical information on the geo6 graphic areas in which such pa7 trol hours took place. 

8 ‘‘(E) TREATMENT OF CLASSIFIED OR

9 LAW ENFORCEMENT SENSITIVE INFORMA10 TION.—Any content of the report de11 scribed in subparagraph (D) that in12 volves information classified under 

13 criteria established by an Executive 

14 order, or the public disclosure of 

15 which, as determined by the United 

16 States Interdiction Coordinator or 

17 the head of any relevant National 

18 Drug Control Program agency, would 

19 be detrimental to the law enforce20 ment or national security activities of 

21 any Federal, State, or local agency, 

22 shall be presented to Congress sepa23 rately from the rest of the plan. 

24 ‘‘(b) INTERDICTION COMMITTEE.—


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1 ‘‘(1) IN GENERAL.—The Interdiction 

2 Committee shall meet to—

3 ‘‘(A) discuss and resolve issues re4 lated to the coordination, oversight 

5 and integration of international, bor6 der, and domestic drug interdiction 

7 efforts in support of the National 

8 Drug Control Strategy; 

9 ‘‘(B) review the annual National 

10 Interdiction Command and Control 

11 Plan, and provide advice to the Direc12 tor and the United States Interdiction 

13 Coordinator concerning that plan; 

14 and 

15 ‘‘(C) provide such other advice to 

16 the Director concerning drug inter17 diction strategy and policies as the 

18 committee determines is appropriate. 

19 ‘‘(2) MEMBERSHIP.—The membership of 

20 the Interdiction Committee shall consist 

21 of—

22 ‘‘(A) the Commissioner of the bu23 reau of Customs and Border Protec24 tion at the Department of Homeland 

25 Security; 


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1 ‘‘(B) the Assistant Secretary of the 

2 bureau of Immigration and Customs 

3 Enforcement at the Department of 

4 Homeland Security; 

5 ‘‘(C) the Commandant of the 

6 United States Coast Guard; 

7 ‘‘(D) the Director of the Office of 

8 Counternarcotics Enforcement at the 

9 Department of Homeland Security; 

10 ‘‘(E) the Administrator of the 

11 Drug Enforcement Administration; 

12 ‘‘(F) the Assistant Secretary of 

13 State for International Narcotics and 

14 Law Enforcement Affairs; 

15 ‘‘(G) the Assistant Secretary of De16 fense for Special Operations and Low 

17 Intensity Conflict; 

18 ‘‘(H) the Deputy Director for Sup19 ply Reduction of the Office of Na20 tional Drug Control Policy, acting in 

21 his role as the United States Interdic22 tion Coordinator; 

23 ‘‘(I) the director of the Crime and 

24 Narcotics Center of the Central Intel25 ligence Agency; 


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1 ‘‘(J) the Deputy Director for State 

2 and Local Affairs of the Office of Na3 tional Drug Control Policy; 

4 ‘‘(K) the Chief of the National 

5 Guard Bureau’s Counterdrug Pro6 gram; and 

7 ‘‘(L) such additional persons as 

8 may be determined by the Director. 

9 ‘‘(3) CHAIRMAN.—The Director shall 

10 designate one of the members of the 

11 Interdiction Committee to serve as chair12 man. 

13 ‘‘(4) MEETINGS.—The members of the 

14 Interdiction Committee shall meet, in 

15 person and not through any delegate or 

16 representative, at least once per calendar 

17 year, prior to March 1. At the call of ei18 ther the Director or the current chair19 man, the Interdiction Committee may 

20 hold additional meetings, which shall be 

21 attended by the members either in per22 son, or through such delegates or rep23 resentatives as they may choose. 

24 ‘‘(5) REPORT.—Not later than Sep25 tember 30 of each year, the chairman of 


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1 the Interdiction Committee shall submit 

2 a report to the Director and to the appro3 priate congressional committees describ4 ing the results of the meetings and any 

5 significant findings of the Committee 

6 during the previous 12 months. Any con7 tent of such a report that involves infor8 mation classified under criteria estab9 lished by an Executive order, or whose 

10 public disclosure, as determined by the 

11 Director, the chairman, or any member, 

12 would be detrimental to the law enforce13 ment or national security activities of 

14 any Federal, State, or local agency, shall 

15 be presented to Congress separately from 

16 the rest of the report.’’. 

17 (b) CONFORMING AMENDMENT TO HOMELAND

18 SECURITY ACT OF 2002.—Section 878 of the 

19 Homeland Security Act of 2002 (6 U.S.C. 458) 

20 is amended—

21 (1) in subsection (c), by striking ‘‘Ex22 cept as provided in subsection (d), the’’

23 and inserting ‘‘The’’; and 


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1 (2) by striking subsection (d) and re2 designating subsections (e), (f), and (g) as 

3 subsections (d), (e), and (f), respectively. 

4 SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 

5 Section 714 (21 U.S.C. 1711) is amended—

6 (1) by striking ‘‘title,’’ and inserting 

7 ‘‘title, except activities for which amounts 

8 are otherwise specifically authorized by 

9 this title,’’; and 

10 (2) by striking ‘‘1999 through 2003’’

11 and inserting ‘‘2006 through 2010’’. 

12 SEC. 115. TECHNICAL AMENDMENTS AND REPEAL. 

13 (a) AMENDMENT TO PUBLIC HEALTH SERVICE

14 ACT TO REPLACE OBSOLETE REFERENCES.—Sec15 tion 464P(c) of the Public Health Service Act 

16 (42 U.S.C. 285o–4(c)) is amended—

17 (1) in paragraph (1), by striking 

18 ‘‘under section 1002 of the Anti-Drug 

19 Abuse Act of 1988 (21 U.S.C. 1501)’’ and 

20 inserting ‘‘under section 703 of the Office 

21 of National Drug Control Policy Reau22 thorization Act of 1998 (21 U.S.C. 1702)’’; 

23 and 

24 (2) in paragraph (2), by striking 

25 ‘‘under section 1005 of the Anti-Drug 


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1 Abuse Act of 1988 (21 U.S.C. 1504)’’ and 

2 inserting ‘‘under section 706 of the Office 

3 of National Drug Control Policy Reau4 thorization Act of 1998 (21 U.S.C. 1705)’’. 

5 (b) REPEAL OF SPECIAL FORFEITURE FUND.—

6 Section 6073 of the Asset Forfeiture Amend7 ments Act of 1988 (21 U.S.C. 1509) is repealed. 

8 SEC. 116. REQUIREMENT FOR DISCLOSURE OF FEDERAL 

9 SPONSORSHIP OF ALL FEDERAL ADVER10 TISING OR OTHER COMMUNICATION MATE11 RIALS. 

12 Section 712 is amended to read as follows: 

13 ‘‘SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL 

14 SPONSORSHIP OF ALL FEDERAL ADVER15 TISING OR OTHER COMMUNICATION MATE16 RIALS. 

17 ‘‘(a) REQUIREMENT.—Each advertisement 

18 or other communication paid for by the Of19 fice, either directly or through a contract 

20 awarded by the Office, shall include a promi21 nent notice informing the target audience 

22 that the advertisement or other communica23 tion is paid for by the Office. 


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1 ‘‘(b) ADVERTISEMENT OR OTHER COMMUNICA2 TION.—In this section, the term ‘advertisement 

3 or other communication’ includes—

4 ‘‘(1) an advertisement disseminated in 

5 any form, including print or by any elec6 tronic means; and 

7 ‘‘(2) a communication by an indi8 vidual in any form, including speech, 

9 print, or by any electronic means.’’. 

10 SEC. 117. POLICY RELATING TO SYRINGE EXCHANGE PRO11 GRAMS. 

12 Section 703(a) (21 U.S.C. 1702(a)) is 

13 amended by adding at the end the following: 

14 ‘‘When developing the national drug control 

15 policy, any policy of the Director relating to 

16 syringe exchange programs for intravenous 

17 drug users shall be based on the best avail18 able medical and scientific evidence regard19 ing their effectiveness in promoting indi20 vidual health and preventing the spread of in21 fectious disease, and their impact on drug ad22 diction and use. In making any policy relating 

23 to syringe exchange programs, the Director 

24 shall consult with the National Institutes of 


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1 Health and the National Academy of 

2 Sciences.’’. 

3 TITLE II—CLEAN SPORTS ACT 

4 OF 2005 

5 SEC. 201. ADDITION OF MINIMUM DRUG TESTING STAND6 ARDS TO OFFICE OF NATIONAL DRUG CON7 TROL POLICY ACT. 

8 (a) AMENDMENT.—The Office of National 

9 Drug Control Policy Reauthorization Act of 

10 1998 (Public Law 105–277; 21 U.S.C. 1701 et 

11 seq.) is amended—

12 (1) by inserting before section 701 the 

13 following: 

14 ‘‘Subtitle A—Office of National 

15 Drug Control Policy’’; and 

16 (2) by adding at the end the following 

17 new subtitle: 

18 ‘‘Subtitle B—Clean Sports Act of 

19 2005 

20 ‘‘SEC. 721. SHORT TITLE. 

21 ‘‘This subtitle may be cited as the ‘Clean 

22 Sports Act of 2005’. 

23 ‘‘SEC. 722. FINDINGS AND PURPOSE. 

24 ‘‘(a) FINDINGS.—Congress finds the fol25 lowing: 


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1 ‘‘(1) The use of anabolic steroids and 

2 other performance-enhancing substances 

3 by minors is a public health problem of 

4 national significance. 

5 ‘‘(2) Experts estimate that over 

6 500,000 teenagers have used perform7 ance-enhancing substances, which med8 ical experts warn can cause a litany of 

9 health problems for individuals who take 

10 them, in particular children and teen11 agers. 

12 ‘‘(3) The adverse health effects caused 

13 by steroids and other performance-en14 hancing substances include stunted 

15 growth, scarring acne, hair loss, dramatic 

16 mood swings, hormonal and metabolic 

17 imbalances, liver damage, a higher risk of 

18 heart disease and stroke later in life, as 

19 well as an increased propensity to dem20 onstrate aggressive behavior, commit sui21 cide, and commit crimes. 

22 ‘‘(4) Professional athletes are role 

23 models for young athletes and influence 

24 the behavior of children and teenagers. 


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1 ‘‘(5) Congressional testimony by par2 ents of minors who used performance en3 hancing drugs, as well as medical and 

4 health experts, indicates that the actual 

5 or alleged use of performance-enhancing 

6 substances by professional athletes re7 sults in the increased use of these sub8 stances by children and teenagers. 

9 ‘‘(6) Surveys and studies suggest a 

10 connection between the actual or alleged 

11 use of performance-enhancing substances 

12 by college and professional athletes and 

13 the increased use of these substances by 

14 children and teenagers. 

15 ‘‘(7) The real or perceived tolerance of 

16 the use of performance-enhancing sub17 stances by professional athletes has re18 sulted in both increased pressure on chil19 dren and teenagers to use performance20 enhancing drugs in order to advance 

21 their athletic careers and to professional 

22 sports loss of integrity. 

23 ‘‘(8) The adoption by professional 

24 sports leagues of strong policies to elimi25 nate the use of performance-enhancing 


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1 substances would result in the reduced 

2 use of these substances by children and 

3 teenagers. 

4 ‘‘(9) Minimum drug testing standards 

5 for professional sports established by 

6 Federal law would ensure the adoption of 

7 strong policies to eliminate the use of 

8 performance-enhancing substances in 

9 professional sports. 

10 ‘‘(10) Minimum drug testing stand11 ards for professional sports established 

12 by Federal law would help return integ13 rity to professional sports. 

14 ‘‘(11) Congress has for several years 

15 expressed a strong interest in the prob16 lem of the role of performance-enhancing 

17 drugs in professional sports and other 

18 levels of sports. 

19 ‘‘(12) Congress has for several years 

20 regulated the use of anabolic steroids 

21 and other performance-enhancing sub22 stances. 

23 ‘‘(13) Recent Federal laws regulating 

24 the use of anabolic steroids and other 

25 performance-enhancing substances were 


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1 enacted in large part to reduce the preva2 lence of these substances in sports. 

3 ‘‘(14) Congress has for several years 

4 regulated both professional and amateur 

5 sports. 

6 ‘‘(b) PURPOSE.—The purpose of this sub7 title is to protect the integrity of professional 

8 sports and the health and safety of athletes 

9 generally by establishing minimum standards 

10 for the testing of steroids and other perform11 ance-enhancing substances by professional 

12 sports leagues. 

13 ‘‘SEC. 723. DEFINITIONS. 

14 ‘‘In this subtitle: 

15 ‘‘(1) ANTI-DOPING CODE.—The term 

16 ‘anti-doping code’ means the doping con17 trol standards established in the United 

18 States Anti-Doping Agency Protocol for 

19 Olympic Movement Testing (excluding 

20 substances or methods prohibited in a 

21 particular sport, as defined in such pro22 tocol). 

23 ‘‘(2) COMMISSION.—The term ‘Commis24 sion’ means the Federal Trade Commis25 sion. 


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1 ‘‘(3) DIRECTOR.—The term ‘Director’

2 means the Director of the Office of Na3 tional Drug Control Policy. 

4 ‘‘(4) MAJOR PROFESSIONAL LEAGUE.—

5 The term ‘major professional league’

6 means Major League Baseball, the Na7 tional Basketball Association, the Na8 tional Football League, and the National 

9 Hockey League or any successor organi10 zation to those leagues. 

11 ‘‘(5) OFF-SEASON.—The term ‘off-sea12 son’ means the period of time in each cal13 endar year outside of the season of play 

14 for each major professional league. 

15 ‘‘(6) PROFESSIONAL ATHLETE.—The 

16 term ‘professional athlete’ means an indi17 vidual who competes in a major profes18 sional league. 

19 ‘‘(7) PROFESSIONAL GAME.—The term 

20 ‘professional game’ means any game held 

21 in the United States between any profes22 sional teams of a major professional 

23 league. 

24 ‘‘(8) PROHIBITED METHOD OR SUB25 STANCE.—


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1 ‘‘(A) PROHIBITED METHOD.—The 

2 term ‘prohibited method’ means a 

3 method listed and described in the 

4 Anti-Doping Code. 

5 ‘‘(B) PROHIBITED SUBSTANCE.—The 

6 term ‘prohibited substance’ means a 

7 substance listed and described in the 

8 Anti-Doping Code. 

9 ‘‘(C) PERIOD OF PROHIBITION.—A 

10 substance prohibited in-competition 

11 by the Anti-Doping Code shall be a 

12 prohibited substance only during the 

13 season of play. Only a substance or 

14 method prohibited out-of-competition 

15 by the Anti-Doping Code shall be a 

16 prohibited substance or method dur17 ing the off-season. 

18 ‘‘(9) SEASON OF PLAY.—

19 ‘‘(A) IN GENERAL.—The term ‘sea20 son of play’ for each major profes21 sional league means the period of 

22 time in each calendar year beginning 

23 with the date on which professional 

24 athletes of that major professional 

25 league are collectively obligated to 


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1 report to their teams in preparation 

2 for play and ending with the last 

3 game of the major professional 

4 league’s regular season. 

5 ‘‘(B) POST-SEASON.—The season of 

6 play shall include post-season play 

7 for an athlete who is a member of a 

8 team that remains active in post-sea9 son play. 

10 ‘‘SEC. 724. MINIMUM UNIFORM TESTING STANDARDS. 

11 ‘‘(a) CONDUCT PROHIBITED.—It shall be un12 lawful for a major professional league to ar13 range, promote, organize, or produce a profes14 sional game without meeting the require15 ments in subsection (b). 

16 ‘‘(b) MINIMUM TESTING REQUIREMENTS.—

17 Each major professional league shall imple18 ment policies and procedures for the testing 

19 of the use of prohibited substances by profes20 sional athletes who compete in each respec21 tive major professional league which shall be 

22 independently administered and shall be con23 sistent with and as stringent as the doping 

24 control standard established by the United 


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1 States Anti-Doping Agency, and which shall, 

2 at minimum, include the following: 

3 ‘‘(1) TIMING AND FREQUENCY OF TEST4 ING.—

5 ‘‘(A) IN GENERAL.—Each profes6 sional athlete shall be tested a min7 imum of 5 times each calendar year 

8 that such athlete is competing in 

9 games organized by the major profes10 sional league. 

11 ‘‘(B) TIMING.—Each athlete shall 

12 be tested—

13 ‘‘(i) at least 3 times, each with 

14 no advance notice, during each 

15 season of play; and 

16 ‘‘(ii) at least 2 times, each with 

17 no advance notice, during the off18 season. 

19 ‘‘(2) TEST DISTRIBUTION PLANNING.—

20 Each major professional league shall cer21 tify to the Director on or prior to Decem22 ber 31 of each year that it has consulted 

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1 tion plan for both season of play and off2 season testing. 

3 ‘‘(3) METHOD OF TESTING.—Each major 

4 professional league shall certify to the Di5 rector on or prior to December 31 of each 

6 year that it has consulted with the 

7 United States Anti-Doping Agency in the 

8 development of its drug testing protocols 

9 for both season of play and off-season 

10 testing. 

11 ‘‘(4) APPLICABLE SUBSTANCES.—Each 

12 professional athlete shall be tested for all 

13 prohibited substances at the time of each 

14 test. A major professional league may 

15 make exceptions for any prohibited sub16 stances that have been properly pre17 scribed by a doctor of medicine licensed 

18 in the United States for legitimate and 

19 documented therapeutic purposes. 

20 ‘‘(5) ANALYSIS OF SAMPLE.—Each sam21 ple provided shall be analyzed by a lab22 oratory approved by the United States 

23 Anti-Doping Agency. 

24 ‘‘(6) POSITIVE TESTS.—


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1 ‘‘(A) IN GENERAL.—A positive test 

2 shall consist of the presence in the 

3 sample of any prohibited substance 

4 or its metabolites or markers, or evi5 dence of the use of a prohibited meth6 od, unless that substance was pre7 scribed to the athlete in accordance 

8 with paragraph (4). 

9 ‘‘(B) REFUSAL.—A refusal by a pro10 fessional athlete to submit to a test or 

11 a failure of a professional athlete to 

12 submit to a test without compelling 

13 justification shall also be considered 

14 a positive test. 

15 ‘‘(7) PENALTIES.—

16 ‘‘(A) GENERAL RULE.—

17 ‘‘(i) FIRST VIOLATION.—Except 

18 as provided in subparagraph (B), 

19 a professional athlete who tests 

20 positive shall be immediately sus21 pended for a minimum of 2 years 

22 for a first violation. All suspen23 sions shall include a loss of pay 

24 for the period of the suspension. 


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1 ‘‘(ii) SECOND VIOLATION.—A sec2 ond violation shall result in a life3 time ban of the professional ath4 lete from all major professional 

5 leagues. 

6 ‘‘(B) EXCEPTIONS.—

7 ‘‘(i) KNOWLEDGE OF THE ATH8 LETE.—A major professional 

9 league may impose a lesser pen10 alty than provided in subpara11 graph (A) or no penalty if the pro12 fessional athlete establishes that 

13 he did not know or suspect, and 

14 could not reasonably have known 

15 or suspected even with the exer16 cise of utmost caution, that he 

17 had used the prohibited sub18 stance. 

19 ‘‘(ii) ASSISTANCE IN IDENTIFYING

20 VIOLATIONS.—A major professional 

21 league may impose a lesser pen22 alty than provided in subpara23 graph (A) if the professional ath24 lete provides substantial assist25 ance to the major professional 


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1 league in identifying violations of 

2 the league’s drug testing policy by 

3 other professional athletes or as4 sistance in violations of the 

5 league’s drug testing policy by 

6 any coach, trainer, manager, 

7 agent, team staff, official, medical, 

8 or other personnel working with 

9 or treating professional athletes 

10 participating in or preparing for 

11 sports competition. 

12 ‘‘(8) ADJUDICATION.—

13 ‘‘(A) CONSULTATION.—Each major 

14 professional league shall certify to 

15 the Director on or prior to December 

16 31 of each year that it has consulted 

17 with the United States Anti-Doping 

18 Agency in the development of its ad19 judication process. 

20 ‘‘(B) DUE PROCESS.—If a profes21 sional athlete tests positive, the pro22 fessional athlete shall have the right 

23 to notice, a fair, timely, and expedited 

24 hearing, representation by counsel 

25 and appeal. 


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1 ‘‘(C) SUSPENSION.—During the 

2 pendency of any proceedings the pro3 fessional athlete shall be suspended 

4 from participating in any profes5 sional game. 

6 ‘‘(9) PUBLIC DISCLOSURE.—

7 ‘‘(A) TESTING.—A major profes8 sional league shall publicly disclose 

9 the identity of any professional play10 er who has tested positive as well as 

11 the prohibited substance or prohib12 ited method for which he tested posi13 tive not later than 30 days after re14 ceiving the test results. 

15 ‘‘(B) PENALTY.—A major profes16 sional league shall publicly disclose 

17 the name of any penalized athlete, 

18 the penalty imposed, the substance 

19 for which the player tested positive, 

20 and the reason for the penalty not 

21 later than 15 days after the final dis22 position of the player’s case. 


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1 ‘‘SEC. 725. PROMULGATION OF STANDARDS BY THE DIREC2 TOR OF THE OFFICE OF NATIONAL DRUG 

3 CONTROL POLICY. 

4 ‘‘(a) IN GENERAL.—The Director shall have 

5 the authority to promulgate standards that 

6 would modify the provisions of section 724 as 

7 they apply to an individual major profes8 sional league for exceptional circumstances 

9 or for other good cause. 

10 ‘‘(b) EFFECTIVENESS MAINTAINED.—A modi11 fication under subsection (a) shall not—

12 ‘‘(1) reduce the effectiveness of the 

13 standards in eliminating the use of 

14 steroids or other performance-enhancing 

15 substances in any major professional 

16 league; or 

17 ‘‘(2) diminish the leadership role of 

18 the United States in eliminating the use 

19 of steroids or other performance-enhanc20 ing substances in sports. 

21 ‘‘(c) INCLUSION OF ADDITIONAL LEAGUES.—

22 The Director may include an additional pro23 fessional sporting league or the colleges and 

24 athletes participating in Division I or Divi25 sion II of the NCAA as a major professional 

26 league if the Director determines that such 


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1 additions would prevent the use of perform2 ance-enhancing substances by high school, 

3 college, or professional athletes. 

4 ‘‘(d) DELEGATION.—The Director may dele5 gate the administration of this subtitle to any 

6 other appropriate agency of the Federal Gov7 ernment. 

8 ‘‘SEC. 726. ENFORCEMENT BY THE FEDERAL TRADE COM9 MISSION. 

10 ‘‘(a) UNFAIR OR DECEPTIVE ACTS OR PRAC11 TICES.—A violation of section 724 shall be 

12 treated as a violation of section 18 of the Fed13 eral Trade Commission Act (15 U.S.C. 57a) re14 garding unfair or deceptive acts or practices. 

15 ‘‘(b) POWERS OF COMMISSION.—

16 ‘‘(1) IN GENERAL.—The Commission 

17 shall issue and enforce the regulations 

18 for the enforcement of section 724 in the 

19 same manner, by the same means, and 

20 with the same jurisdiction, powers, and 

21 duties as though all applicable terms and 

22 provisions of the Federal Trade Commis23 sion Act (15 U.S.C. 41 et seq.) were incor24 porated into and made a part of this sub25 title. Any person who violates such reguVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6402 E:\BILLS\H2829.RH H2829

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1 lations shall be subject to the penalties 

2 and entitled to the privileges and immu3 nities provided in that Act. 

4 ‘‘(2) ENHANCED PENALTY FOR VIOLA5 TIONS.—Notwithstanding subsection (a) 

6 and the Federal Trade Commission Act, 

7 in the case of a person who violates sec8 tion 724, the Commission may, in its dis9 cretion, seek a civil penalty for such vio10 lation in an amount, as determined by 

11 the Commission, of not more than 

12 $1,000,000 for each violation of section 

13 724. 

14 ‘‘(3) GENERAL AUTHORITY.—Nothing in 

15 this subtitle shall be construed to limit 

16 the authority of the Commission under 

17 any other provision of law. 

18 ‘‘SEC. 727. REPORTS TO CONGRESS. 

19 ‘‘(a) FIRST LEAGUE REPORT.—

20 ‘‘(1) IN GENERAL.—Not later than 6 

21 months after completion of a professional 

22 sports league’s first season of play after 

23 the effective date of this subtitle, each 

24 major professional league shall transmit 

25 to the Committee on Commerce, Science, 


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1 and Transportation of the Senate and the 

2 Committee on Energy and Commerce and 

3 the Committee on Government Reform of 

4 the House of Representatives, a report on 

5 its testing policies and procedures. 

6 ‘‘(2) CONTENTS.—The report required 

7 by this subsection shall contain—

8 ‘‘(A) a comparison of the major 

9 professional league’s testing policy 

10 (including its adjudication proce11 dures) to that of the United States 

12 Anti-Doping Agency, emphasizing the 

13 differences between the policies and 

14 the rationales for the differences; and 

15 ‘‘(B) aggregate data on the num16 ber of professional players tested by 

17 the major professional league and the 

18 prohibited substances detected in 

19 samples or prohibited methods, in20 cluding the number of tests con21 ducted during the season of play and 

22 during the off-season. 

23 ‘‘(b) BIENNIAL LEAGUE REPORTS.—Each 

24 major professional league shall transmit to 

25 the Committee on Commerce, Science, and 


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1 Transportation of the Senate and the Com2 mittee on Energy and Commerce and the 

3 Committee on Government Reform of the 

4 House of Representatives, on a biennial basis, 

5 a report containing the data and analysis re6 quired in subsection (a) for each of the 2 prior 

7 years. 

8 ‘‘(c) ONDCP REPORT.—Not later than 1 

9 year after the date of enactment of this sub10 title, and subsequently thereafter as deter11 mined appropriate by the Director, the Direc12 tor shall report to the Committee on Com13 merce, Science, and Transportation of the 

14 Senate and the Committee on Energy and 

15 Commerce and the Committee on Govern16 ment Reform of the House of Representatives, 

17 recommendations for improving any Federal 

18 law governing controlled substances as may 

19 be necessary for reducing the use of steroids 

20 and other performance-enhancing sub21 stances. 

22 ‘‘SEC. 728. PROMULGATION OF STANDARDS BY UNITED 

23 STATES BOXING COMMISSION. 

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1 tablishment of the United States Boxing Com2 mission pursuant to Federal law, that com3 mission shall, in consultation with the Asso4 ciation of Boxing Commissions and the United 

5 States Anti-Doping Agency, promulgate uni6 form performance-enhancing substance test7 ing standards for professional boxing that are 

8 consistent with section 724. 

9 ‘‘SEC. 729. STUDY ON COLLEGE TESTING POLICIES AND 

10 PROCEDURES. 

11 ‘‘(a) STUDY.—The Government Account12 ability Office shall conduct a study on the use 

13 of performance-enhancing substances by col14 lege athletes which shall examine the prohib15 ited substance policies and testing proce16 dures of intercollegiate athletic associations 

17 and college and university athletic depart18 ments. 

19 ‘‘(b) REPORT.—

20 ‘‘(1) SUBMISSION TO CONGRESS.—Not 

21 later than 1 year after the date of enact22 ment of this subtitle, the Government Ac23 countability Office shall transmit a re24 port to the Committee on Commerce, 

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1 ate and the Committee on Energy and 

2 Commerce and the Committee on Govern3 ment Reform of the House of Representa4 tives. 

5 ‘‘(2) CONTENTS.—The report required 

6 by this subsection shall—

7 ‘‘(A) assess the adequacy of the 

8 testing policies and procedures de9 scribed in subsection (a) in detecting 

10 and preventing the use of perform11 ance-enhancing substances; and 

12 ‘‘(B) include recommendations to 

13 Congress regarding expanding the 

14 application of the regulations issued 

15 pursuant to this subtitle to such 

16 intercollegiate and interscholastic 

17 athletic associations. 

18 ‘‘SEC. 730. COMMISSION ON HIGH SCHOOL AND COLLE19 GIATE ATHLETICS. 

20 ‘‘(a) COMMISSION.—The Director shall es21 tablish a commission on high school and colle22 giate athletics. 

23 ‘‘(b) REPORT.—Not later than 1 year after 

24 the date of enactment of this subtitle, the 

25 commission shall report to Congress—


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1 ‘‘(1) findings on the use of steroids 

2 and other performance-enhancing sub3 stances in high school and collegiate 

4 sports; and 

5 ‘‘(2) recommendations for reducing 

6 their use. 

7 ‘‘SEC. 731. SENSE OF CONGRESS. 

8 ‘‘It is the sense of Congress that—

9 ‘‘(1) professional sports leagues not 

10 regulated by this subtitle should adhere 

11 to the drug testing standards established 

12 in this subtitle; 

13 ‘‘(2) all professional sports should im14 plement policies and procedures for the 

15 testing of the use of prohibited sub16 stances or the detection of prohibited 

17 methods by professional athletes that en18 sure that American professional sports 

19 leagues are world leaders in the effort to 

20 keep steroids and other performance-en21 hancing drugs out of sports; 

22 ‘‘(3) all professional sports should im23 plement policies and procedures that ad24 dress the development of designer 

25 steroids and emerging methods for 


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1 doping, including gene doping, that en2 hance sports performance, are potential 

3 or actual health risks, and are contrary 

4 to the spirit of the sport; and 

5 ‘‘(4) each major professional league 

6 should produce and publicize public serv7 ice announcements regarding the health 

8 and safety consequences of steroids and 

9 other similar performance-enhancing 

10 substances on children and teenagers. 

11 ‘‘SEC. 732. EFFECTIVE DATE. 

12 ‘‘This subtitle shall take effect 1 year after 

13 the date of enactment of this subtitle.’’. 

14 (b) CONFORMING AMENDMENTS.—The Office 

15 of National Drug Control Policy Reauthoriza16 tion Act of 1998 (Public Law 105–277; 21 U.S.C. 

17 1701 et seq.) is further amended by striking 

18 ‘‘title’’ each place it appears and inserting 

19 ‘‘subtitle’’—

20 (1) in section 701; 

21 (2) in section 702; 

22 (3) in section 703(b)(2); 

23 (4) in section 704(d)(1); and 

24 (5) in the first and second sentences 

25 of section 705(a)(2)(A). 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Of3 fice of National Drug Control Policy Reauthorization Act 

4 of 2005’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Office of National Drug Control Policy Reauthorization 

Act of 1998. 

Sec. 3. Repeal of termination provision. 

Sec. 4. Amendments to definitions. 

Sec. 5. Amendments relating to establishment of Office of National Drug Control 

Policy and designation of officers. 

Sec. 6. Amendments relating to appointment and duties of Director and Deputy 

Director. 

Sec. 7. Amendments relating to coordination with other agencies. 

Sec. 8. Development, submission, implementation, and assessment of National 

Drug Control Strategy. 

Sec. 9. High Intensity Drug Trafficking Areas Program. 

Sec. 10. Funding for certain High Intensity Drug Trafficking Areas. 

Sec. 11. Amendments relating to Counter-Drug Technology Assessment Center. 

Sec. 12. National youth antidrug media campaign. 

Sec. 13. Drug interdiction. 

Sec. 14. Awards for demonstration programs by local partnerships to shut down 

illicit drug market hot-spots by deterring drug dealers or altering the dynamic of drug sales. 

Sec. 15. Awards for demonstration programs by local partnerships to coerce abstinence in chronic hard-drug users under community supervision 

through the use of drug testing and sanctions. 

Sec. 16. Authorization of appropriations. 

Sec. 17. Technical amendments and repeal. 

Sec. 18. Requirement for disclosure of Federal sponsorship of all Federal advertising or other communication materials. 

Sec. 19. Policy relating to syringe exchange programs. 

7 SEC. 2. AMENDMENT OF OFFICE OF NATIONAL DRUG CON8 TROL POLICY REAUTHORIZATION ACT OF 

9 1998. 

10 Except as otherwise expressly provided, whenever in 

11 this Act an amendment or repeal is expressed in terms of 

12 an amendment to, or repeal of, a section or other provision, 


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1 the reference shall be considered to be made to a section or 

2 other provision of the Office of National Drug Control Pol3 icy Reauthorization Act of 1998 (Public Law 105–277; 21 

4 U.S.C. 1701 et seq.). 

5 SEC. 3. REPEAL OF TERMINATION PROVISION. 

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

7 shall read as if such section was never in effect. 

8 SEC. 4. AMENDMENTS TO DEFINITIONS. 

9 (a) AMENDMENTS TO DEFINITIONS.—Section 702 (21 

10 U.S.C. 1701) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘and’’ at the end of sub13 paragraph (F); 

14 (B) by striking the period at the end of sub15 paragraph (G) and inserting ‘‘, including the 

16 testing of employees;’’; and 

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

18 ‘‘(H) interventions for drug abuse and de19 pendence; and 

20 ‘‘(I) international drug control coordination 

21 and cooperation with respect to activities de22 scribed in this paragraph.’’; 

23 (2) in paragraph (6), by adding before the pe24 riod at the end: ‘‘, including any activities involving 


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1 supply reduction, demand reduction, or State and 

2 local affairs’’; 

3 (3) in paragraph (7)— 

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

5 ‘‘agency’’; 

6 (B) by striking ‘‘National Foreign Intel7 ligence Program,’’ and inserting ‘‘National Intel8 ligence Program,’’; and 

9 (C) by inserting a comma before ‘‘or Tac10 tical’’; 

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

12 and inserting ‘‘indicates’’; 

13 (5) in paragraph (10)— 

14 (A) by adding ‘‘National Drug Control Pro15 gram agencies and’’ after ‘‘among’’ in subpara16 graph (B); 

17 (B) by striking ‘‘and’’ at the end of sub18 paragraph (B); 

19 (C) by striking the period at the end of sub20 paragraph (C) and inserting a semicolon; and 

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

22 ‘‘(D) domestic drug law enforcement, in23 cluding domestic drug interdiction and law en24 forcement directed at drug users; and 


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1 ‘‘(E) coordination and enhancement of Fed2 eral, State, and local law enforcement initiatives 

3 to gather, analyze, and disseminate information 

4 and intelligence relating to drug control among 

5 domestic law enforcement agencies.’’; 

6 (6) in paragraph (11)— 

7 (A) by inserting before the semicolon in sub8 paragraph (A) the following: ‘‘, including— 

9 ‘‘(i) law enforcement outside the 

10 United States; and 

11 ‘‘(ii) source country programs, includ12 ing economic development programs pri13 marily intended to reduce the production or 

14 trafficking of illicit drugs’’; 

15 (B) by striking subparagraph (B) and in16 serting the following: 

17 ‘‘(B) facilitating and enhancing the sharing 

18 of foreign and domestic information and law en19 forcement intelligence relating to drug produc20 tion and trafficking among National Drug Con21 trol Program agencies, and between those agen22 cies and foreign law enforcement agencies; and’’; 

23 (C) by striking ‘‘; and’’ at the end of sub24 paragraph (C) and inserting a period; and 

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


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

2 ‘‘(12) APPROPRIATE CONGRESSIONAL COMMIT3 TEES.—Except where otherwise provided, the term 

4 ‘appropriate congressional committees’ means the 

5 Committee on the Judiciary, the Committee on Ap6 propriations, and the Caucus on International Nar7 cotics Control of the Senate and the Committee on 

8 Government Reform, the Committee on the Judiciary, 

9 and the Committee on Appropriations of the House of 

10 Representatives. 

11 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en12 forcement’ or ‘drug law enforcement’ means all efforts 

13 by a Federal, State, or local government agency to en14 force the drug laws of the United States or any State, 

15 including investigation, arrest, prosecution, and in16 carceration or other punishments or penalties.’’. 

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

18 (21 U.S.C. 1702(b)(3)) is amended— 

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

20 inserting ‘‘(I)’’; and 

21 (2) in subparagraph (C)— 

22 (A) by striking ‘‘through (C)’’ and inserting 

23 ‘‘through (E)’’; 

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

25 section 702(11)’’; and 


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1 (C) by adding before the period at the end 

2 the following: ‘‘, and sections 707 and 708 of this 

3 Act’’. 

4 SEC. 5. AMENDMENTS RELATING TO ESTABLISHMENT OF 

5 OFFICE OF NATIONAL DRUG CONTROL POL6 ICY AND DESIGNATION OF OFFICERS. 

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

8 703(a) (21 U.S.C. 1702(a)) is amended to read as follows: 

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

10 drug control policy and the National Drug Control 

11 Program agencies’ programs, by developing and ap12 plying specific goals and performance measure13 ments.’’. 

14 (b) RANK OF DIRECTOR.—Section 703(b) (21 U.S.C. 

15 1702(b)) is amended in paragraph (1) by adding before the 

16 period the following: ‘‘, who shall hold the same rank and 

17 status as the head of an executive department listed in sec18 tion 101 of title 5, United States Code’’. 

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

20 1702(b)) is amended in paragraph (3)— 

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

22 the following additional Deputy Directors—’’; and 

23 (2) in subparagraph (B), by striking ‘‘who shall’’ 

24 and inserting the following: ‘‘who shall have substan25 tial experience and expertise in drug interdiction opVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\H2829.RH H2829

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1 erations and other supply reduction activities, and 

2 who shall serve as the United States Interdiction Co3 ordinator and’’. 

4 SEC. 6. AMENDMENTS RELATING TO APPOINTMENT AND 

5 DUTIES OF DIRECTOR AND DEPUTY DIREC6 TOR. 

7 (a) DESIGNATION OF OTHER OFFICERS.—Section 

8 704(a)(3) (21 U.S.C. 1703(a)(3)) is amended— 

9 (1) by striking ‘‘permanent employee’’ and in10 serting ‘‘officer or employee’’; and 

11 (2) by striking ‘‘serve as the Director’’ and in12 serting ‘‘serve as the acting Director’’. 

13 (b) RESPONSIBILITIES OF DIRECTOR.—Section 704(b) 

14 (21 U.S.C. 1703(b)) is amended— 

15 (1) in paragraph (4), by striking ‘‘Federal de16 partments and agencies engaged in drug enforce17 ment,’’ and inserting ‘‘National Drug Control Pro18 gram agencies,’’; 

19 (2) in paragraph (7), by inserting after ‘‘Presi20 dent’’ the following: ‘‘and the appropriate congres21 sional committees’’; 

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

23 in 1999)’’; 

24 (4) in paragraph (14)— 


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

2 that follows through ‘‘Senate’’ and inserting ‘‘ap3 propriate congressional committees’’; and 

4 (B) by striking ‘‘and’’ after the semicolon at 

5 the end; 

6 (5) in paragraph (15), by striking subparagraph 

7 (C) and inserting the following: 

8 ‘‘(C) supporting the substance abuse infor9 mation clearinghouse administered by the Ad10 ministrator of the Substance Abuse and Mental 

11 Health Services Administration and established 

12 in section 501(d)(16) of the Public Health Serv13 ice Act by— 

14 ‘‘(i) encouraging all National Drug 

15 Control Program agencies to provide all ap16 propriate and relevant information; and 

17 ‘‘(ii) supporting the dissemination of 

18 information to all interested entities;’’; and 

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

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

21 promote private research and development of medica22 tions to treat addiction; 

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

24 State and local officials in the formulation and im25 plementation of the National Drug Control Strategy; 


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

2 of resources among Federal law enforcement agencies 

3 in response to significant local and regional drug 

4 trafficking and production threats; 

5 ‘‘(19) shall submit an annual report to Congress 

6 detailing how the Office of National Drug Control 

7 Policy has consulted with and assisted State and local 

8 governments with respect to the formulation and im9 plementation of the National Drug Control Strategy 

10 and other relevant issues; and 

11 ‘‘(20) shall, within one year after the date of the 

12 enactment of the Office of National Drug Control Pol13 icy Reauthorization Act of 2005, report to Congress 

14 on the impact of each Federal drug reduction strategy 

15 upon the availability, addiction rate, use rate, and 

16 other harms of illegal drugs.’’. 

17 (c) SUBMISSION OF DRUG CONTROL BUDGET RE18 QUESTS.—Section 704(c)(1) is amended by adding at the 

19 end the following: 

20 ‘‘(C) CONTENT OF DRUG CONTROL BUDGET

21 REQUESTS.—A drug control budget request sub22 mitted by a department, agency, or program 

23 under this paragraph shall include all requests 

24 for funds for any drug control activity under25 taken by that department, agency, or program, 


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1 including demand reduction, supply reduction, 

2 and State and local affairs, including any drug 

3 law enforcement activities. If an activity has 

4 both drug control and nondrug control purposes 

5 or applications, the department, agency, or pro6 gram shall estimate by a documented calculation 

7 the total funds requested for that activity that 

8 would be used for drug control, and shall set 

9 forth in its request the basis and method for 

10 making the estimate.’’. 

11 (d) NATIONAL DRUG CONTROL BUDGET PROPOSAL.— 

12 Section 704(c)(2) is amended in subparagraph (A) by in13 serting before the semicolon: ‘‘and to inform Congress and 

14 the public about the total amount proposed to be spent on 

15 all supply reduction, demand reduction, State and local af16 fairs, including any drug law enforcement, and other drug 

17 control activities by the Federal Government, which shall 

18 conform to the content requirements set forth in subpara19 graph (C) of paragraph (1) of this subsection’’. 

20 (e) REVIEW AND CERTIFICATION OF NATIONAL DRUG

21 CONTROL PROGRAM BUDGET.—Section 704(c)(3) (21 

22 U.S.C. 1703(c)(3)) is amended— 

23 (1) by redesignating subparagraphs (C) and (D) 

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


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1 (2) by inserting after subparagraph (B) the fol2 lowing new subparagraph: 

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

4 shall not confirm the adequacy of any budget re5 quest that— 

6 ‘‘(i) requests funding for Federal law 

7 enforcement activities that do not ade8 quately compensate for transfers of drug en9 forcement resources and personnel to law 

10 enforcement and investigation activities not 

11 related to drug enforcement as determined 

12 by the Director; 

13 ‘‘(ii) requests funding for law enforce14 ment activities on the borders of the United 

15 States that do not adequately direct re16 sources to drug interdiction and enforce17 ment as determined by the Director; 

18 ‘‘(iii) requests funding for drug treat19 ment activities that do not provide adequate 

20 result and accountability measures as deter21 mined by the Director; 

22 ‘‘(iv) requests funding for any activi23 ties of the Safe and Drug Free Schools Pro24 gram that do not include a clear antidrug 


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1 message or purpose intended to reduce drug 

2 use; 

3 ‘‘(v) requests funding to enforce section 

4 484(r)(1) of the Higher Education Act of 

5 1965 (20 U.S.C. 1091(r)(1)) with respect to 

6 convictions for drug-related offenses not oc7 curring during a period of enrollment for 

8 which the student was receiving any Fed9 eral grant, loan, or work assistance; 

10 ‘‘(vi) requests funding for drug treat11 ment activities that do not adequately sup12 port and enhance Federal drug treatment 

13 programs and capacity, as determined by 

14 the Director; 

15 ‘‘(vii) requests funding for fiscal year 

16 2007 for activities of the Department of 

17 Education, unless it is accompanied by a 

18 report setting forth a plan for providing ex19 pedited consideration of student loan appli20 cations for all individuals who submitted 

21 an application for any Federal grant, loan, 

22 or work assistance that was rejected or de23 nied pursuant to 484(r)(1) of the Higher 

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

25 1091(r)(1)) by reason of a conviction for a 


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1 drug-related offense not occurring during a 

2 period of enrollment for which the indi3 vidual was receiving any Federal grant, 

4 loan, or work assistance; and 

5 ‘‘(viii) requests funding for the oper6 ations and management of the Department 

7 of Homeland Security that does not include 

8 a specific request for funds for the Office of 

9 Counternarcotics Enforcement to carry out 

10 its responsibilities under section 878 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 

12 458).’’; 

13 (3) in subparagraph (D)(iii), as so redesignated, 

14 by inserting ‘‘and the appropriate congressional com15 mittees’’ after ‘‘House of Representatives’’; and 

16 (4) in subparagraph (E)(ii)(II)(bb), as so redes17 ignated, by inserting ‘‘and the appropriate congres18 sional committees’’ after ‘‘House of Representatives’’. 

19 (f) REPROGRAMMING AND TRANSFER REQUESTS.— 

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

21 by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

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

23 U.S.C. 1703(d)) is amended— 


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

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

3 by law;’’; 

4 (2) in paragraph (9)— 

5 (A) by inserting ‘‘notwithstanding any 

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

7 (B) by striking ‘‘Strategy; and’’ and insert8 ing ‘‘Strategy and notify the appropriate con9 gressional committees of any fund control notice 

10 issued;’’; 

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

12 2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) and section 

13 706 of the Foreign Relations Authorization Act, Fis14 cal Year 2003 (22 U.S.C. 2291j–1); and’’; and 

15 (4) by adding at the end the following new para16 graph: 

17 ‘‘(11) not later than August 1 of each year, sub18 mit to the President a report, and transmit copies of 

19 the report to the Secretary of State and the appro20 priate congressional committees, that— 

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

22 which countries are major drug transit countries 

23 or major illicit drug producing countries as de24 fined in section 481(e) of the Foreign Assistance 

25 Act of 1961 (22 U.S.C. 2291(e)); 


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

2 whether each country identified under subpara3 graph (A) has cooperated fully with the United 

4 States or has taken adequate steps on its own to 

5 achieve full compliance with the goals and objec6 tives established by the United Nations Conven7 tion Against Illicit Traffic in Narcotic Drugs 

8 and Psychotropic Substances and otherwise has 

9 assisted in reducing the supply of illicit drugs to 

10 the United States; and 

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

12 whether application of procedures set forth in 

13 section 490 of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2291j), as provided in section 706 of 

15 the Foreign Relations Authorization Act, Fiscal 

16 Year 2003 (22 U.S.C. 2291j–1), is warranted 

17 with respect to countries the Director assesses 

18 have not cooperated fully.’’. 

19 (g) FUND CONTROL NOTICES.—Section 704(f) (21 

20 U.S.C. 1703(f)) is amended by adding at the end the fol21 lowing: 

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

23 fund control notice shall be transmitted to the appro24 priate congressional committees. 


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

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

3 of an amount appropriated to the National Drug 

4 Control Program agency account be obligated, modi5 fied, or altered in any manner contrary, in whole or 

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

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

8 U.S.C. 1703) is amended— 

9 (1) in subsection (g)— 

10 (A) by striking ‘‘National Foreign Intel11 ligence Program’’ and inserting ‘‘National Intel12 ligence Program’’; and 

13 (B) by inserting a comma before ‘‘and Tac14 tical’’; and 

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

16 Central Intelligence’’ and inserting ‘‘Director of Na17 tional Intelligence or the Director of the Central Intel18 ligence Agency’’. 

19 (i) REQUIREMENT FOR SOUTH AMERICAN HEROIN

20 STRATEGY.— 

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

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

23 National Drug Control Policy shall submit to the 

24 Congress a comprehensive strategy that addresses the 

25 increased threat from South American heroin, and in 


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1 particular Colombian heroin and the emerging threat 

2 from opium poppy grown in Peru and often intended 

3 for transit to Columbia for processing into heroin. 

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

5 (A) opium eradication efforts to eliminate 

6 the problem at the source to prevent heroin from 

7 entering the stream of commerce; 

8 (B) interdiction and precursor chemical 

9 controls; 

10 (C) demand reduction and treatment; 

11 (D) alternative development programs, in12 cluding direct assistance to regional governments 

13 to demobilize and provide alternative livelihoods 

14 to former members of insurgent or other groups 

15 engaged in heroin, coca, or other illicit drug pro16 duction or trafficking; 

17 (E) efforts to inform and involve local citi18 zens in the programs described in subparagraphs 

19 (A) through (D), such as through leaflets adver20 tising rewards for information; 

21 (F) provisions that ensure the maintenance 

22 at current levels of efforts to eradicate coca in 

23 Colombia; and 

24 (G) assessment of the specific level of fund25 ing and resources necessary to simultaneously 


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1 address the threat from South American heroin 

2 and the threat from Colombian and Peruvian 

3 coca. 

4 (3) TREATMENT OF CLASSIFIED OR LAW EN5 FORCEMENT SENSITIVE INFORMATION.—Any content 

6 of the strategy that involves information classified 

7 under criteria established by an Executive order, or 

8 whose public disclosure, as determined by the Director 

9 or the head of any relevant Federal agency, would be 

10 detrimental to the law enforcement or national secu11 rity activities of any Federal, foreign, or inter12 national agency, shall be presented to Congress sepa13 rately from the rest of the strategy. 

14 (j) REQUIREMENT FOR AFGHAN HEROIN STRATEGY.— 

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

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

17 the Office of National Drug Control Policy shall sub18 mit to the Congress a comprehensive strategy that ad19 dresses the increased threat from Afghan heroin. 

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

21 (A) opium crop eradication efforts to elimi22 nate the problem at the source to prevent heroin 

23 from entering the stream of commerce; 


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1 (B) destruction or other direct elimination 

2 of stockpiles of heroin and raw opium, and her3 oin production and storage facilities; 

4 (C) interdiction and precursor chemical 

5 controls; 

6 (D) demand reduction and treatment; 

7 (E) alternative development programs; 

8 (F) measures to improve cooperation and 

9 coordination between Federal Government agen10 cies, and between such agencies, agencies of for11 eign governments, and international organiza12 tions with responsibility for the prevention of 

13 heroin production in, or trafficking out of, Af14 ghanistan; and 

15 (G) an assessment of the specific level of 

16 funding and resources necessary significantly to 

17 reduce the production and trafficking of heroin. 

18 (3) TREATMENT OF CLASSIFIED OR LAW EN19 FORCEMENT SENSITIVE INFORMATION.—Any content 

20 of the strategy that involves information classified 

21 under criteria established by an Executive order, or 

22 whose public disclosure, as determined by the Director 

23 or the head of any relevant Federal agency, would be 

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1 national agency, shall be presented to Congress sepa2 rately from the rest of the strategy. 

3 (k) REQUIREMENT FOR GENERAL COUNTERDRUG IN4 TELLIGENCE PLAN.— 

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

6 the date of enactment of this Act, and not later than 

7 every two years thereafter, the Director of the Office 

8 of National Drug Control Policy, with the concur9 rence of the Director of National Intelligence, shall 

10 submit to the appropriate congressional committees, a 

11 general counterdrug intelligence plan to improve co12 ordination, and eliminate unnecessary duplication, 

13 among the counterdrug intelligence centers and infor14 mation sharing systems, and counterdrug activities of 

15 the Federal Government, including the centers, sys16 tems, and activities of the following departments and 

17 agencies: 

18 (A) The Department of Defense, including 

19 the Defense Intelligence Agency, and the joint 

20 interagency task forces. 

21 (B) The Department of the Treasury, in22 cluding the Financial Crimes Enforcement Net23 work (FinCEN). 

24 (C) The Central Intelligence Agency. 

25 (D) The National Security Agency. 


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1 (E) The Department of Homeland Security, 

2 including the United States Coast Guard, the bu3 reau of Customs and Border Protection, and the 

4 bureau of Immigration and Customs Enforce5 ment. 

6 (F) The Department of Justice, including 

7 the National Drug Intelligence Center (NDIC); 

8 the Drug Enforcement Administration, including 

9 the El Paso Intelligence Center (EPIC); the Fed10 eral Bureau of Investigation; the Organized 

11 Crime Drug Enforcement Task Force; and the 

12 Regional Information Sharing System. 

13 (G) The Office of National Drug Control 

14 Policy, including the High Intensity Drug Traf15 ficking Areas Program. 

16 (H) The Counterdrug Intelligence Executive 

17 Secretariat. 

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

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

20 centers and activities referred to in that paragraph in 

21 achieving the objectives of the National Drug Control 

22 Strategy promulgated under 21 U.S.C. 1705. In order 

23 to maximize such effectiveness, the plan shall— 

24 (A) articulate clear and specific mission 

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1 tivity) for each counterdrug intelligence center, 

2 system, and activity, including the manner in 

3 which responsibility for counterdrug intelligence 

4 activities will be allocated among the 

5 counterdrug intelligence centers and systems; 

6 (B) specify each government agency (wheth7 er Federal, State, or local) that participates in 

8 each such center, system, and activity, including 

9 a description of the extent and nature of that 

10 participation; 

11 (C) specify the relationship between such 

12 centers, systems, and activities; 

13 (D) specify the means by which proper over14 sight of such centers, systems, and activities will 

15 be assured; 

16 (E) specify the means by which counterdrug 

17 intelligence and information will be forwarded 

18 effectively to all levels of officials responsible for 

19 United States counterdrug policy; and 

20 (F) specify mechanisms to ensure that State 

21 and local law enforcement agencies are apprised 

22 of counterdrug intelligence and information ac23 quired by Federal law enforcement agencies in a 

24 manner which— 


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1 (i) facilitates effective counterdrug ac2 tivities by State and local law enforcement 

3 agencies; and 

4 (ii) provides such State and local law 

5 enforcement agencies with the information 

6 relating to the safety of officials involved in 

7 their counterdrug activities. 

8 (3) DEFINITIONS.—As used in this subsection— 

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

10 office, task force, or other coordinating organiza11 tion engaged in counterdrug intelligence or infor12 mation analyzing or sharing activities; 

13 (B) the term ‘‘system’’ refers to any comput14 erized database or other electronic system used 

15 for counterdrug intelligence or information ana16 lyzing or sharing activities; and 

17 (C) the term ‘‘appropriate congressional 

18 committees’’ means the following: 

19 (i) The Committee on Appropriations, 

20 the Committee on Foreign Relations, the 

21 Committee on the Judiciary, the Committee 

22 on Homeland Security and Governmental 

23 Affairs, the Caucus on International Nar24 cotics Control, and the Select Committee on 

25 Intelligence of the Senate. 


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1 (ii) The Committee on Appropriations, 

2 the Committee on International Relations, 

3 the Committee on the Judiciary, the Com4 mittee on Government Reform, the Com5 mittee on Homeland Security, and the Per6 manent Select Committee on Intelligence of 

7 the House of Representatives. 

8 (4) LIMITATION.—The general counterdrug intel9 ligence plan shall not— 

10 (A) change existing agency authorities or 

11 the laws governing interagency relationships, but 

12 may include recommendations about changes to 

13 such authorities or laws; or 

14 (B) include any information about specific 

15 methods of obtaining, or sources of, intelligence 

16 or information, or any information about spe17 cific individuals, cases, investigations, or oper18 ations. 

19 (5) CLASSIFIED OR LAW ENFORCEMENT SEN20 SITIVE INFORMATION.—Any content of the general 

21 counterdrug intelligence plan that involves informa22 tion classified under criteria established by an Execu23 tive order, or whose public disclosure, as determined 

24 by the Director of the Office of National Drug Control 

25 Policy, the Director of National Intelligence, or the 


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1 head of any Federal Government agency whose activi2 ties are described in the plan, would be detrimental 

3 to the law enforcement or national security activities 

4 of any Federal, State, or local agency, shall be pre5 sented to Congress separately from the rest of the re6 port. 

7 (l) REQUIREMENT FOR SOUTHWEST BORDER COUN8 TERNARCOTICS STRATEGY.— 

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

10 the date of enactment of this Act, and every two years 

11 thereafter, the Director of National Drug Control Pol12 icy shall submit to the Congress a Southwest Border 

13 Counternarcotics Strategy. 

14 (2) PURPOSES.—The Southwest Border Counter15 narcotics Strategy shall— 

16 (A) set forth the Government’s strategy for 

17 preventing the illegal trafficking of drugs across 

18 the international border between the United 

19 States and Mexico, including through ports of 

20 entry and between ports of entry on that border; 

21 (B) state the specific roles and responsibil22 ities of the relevant National Drug Control Pro23 gram agencies (as defined in section 702 of the 

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1 thorization Act of 1998 (21 U.S.C. 1701)) for 

2 implementing that strategy; and 

3 (C) identify the specific resources required 

4 to enable the relevant National Drug Control 

5 Program agencies to implement that strategy. 

6 (3) CONSULTATION WITH OTHER AGENCIES.— 

7 The Director shall issue the Southwest Border Coun8 ternarcotics Strategy in consultation with the heads 

9 of the relevant National Drug Control Program agen10 cies. 

11 (4) LIMITATION.—The Southwest Border Coun12 ternarcotics Strategy shall not change existing agency 

13 authorities or the laws governing interagency rela14 tionships, but may include recommendations about 

15 changes to such authorities or laws. 

16 (5) REPORT TO CONGRESS.—The Director shall 

17 provide a copy of the Southwest Border Counter18 narcotics Strategy to the appropriate congressional 

19 committees (as defined in section 702 of the Office of 

20 National Drug Control Policy Reauthorization Act of 

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

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1 fairs and the Committee on Armed Services of the 

2 Senate. 

3 (6) TREATMENT OF CLASSIFIED OR LAW EN4 FORCEMENT SENSITIVE INFORMATION.—Any content 

5 of the Southwest Border Counternarcotics Strategy 

6 that involves information classified under criteria es7 tablished by an Executive order, or whose public dis8 closure, as determined by the Director or the head of 

9 any relevant National Drug Control Program agency, 

10 would be detrimental to the law enforcement or na11 tional security activities of any Federal, State, or 

12 local agency, shall be presented to Congress separately 

13 from the rest of the strategy. 

14 (m) REQUIREMENT FOR SCIENTIFIC STUDY OF

15 MYCOHERBICIDE IN ILLICIT DRUG CROP ERADICATION.— 

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

17 Act, the Director of the Office of National Drug Control Pol18 icy shall submit to the Congress a report that includes a 

19 plan to conduct, on an expedited basis, a scientific study 

20 of the use of mycoherbicide as a means of illicit drug crop 

21 elimination by an appropriate Government scientific re22 search entity, including a complete and thorough scientific 

23 peer review. The study shall include an evaluation of the 

24 likely human health and environmental impacts of such use. 

25 The report shall also include a plan to conduct controlled 


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1 scientific testing in a major drug producing nation of 

2 mycoherbicide naturally existing in the producing nation. 

3 SEC. 7. AMENDMENTS RELATING TO COORDINATION WITH 

4 OTHER AGENCIES. 

5 Section 705 (21 U.S.C. 1704) is amended— 

6 (1) in subsection (a)(1)(A), by striking ‘‘abuse’’; 

7 (2) in subsection (a)(2)(A), by striking ‘‘Director 

8 of Central Intelligence’’ and inserting ‘‘Director of 

9 National Intelligence’’; 

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

11 of Central Intelligence’’ and inserting ‘‘Director of 

12 National Intelligence and the Director of the Central 

13 Intelligence Agency’’; 

14 (4) by amending paragraph (3) of subsection (a) 

15 to read as follows: 

16 ‘‘(3) REQUIRED REPORTS.— 

17 ‘‘(A) SECRETARIES OF THE INTERIOR AND

18 AGRICULTURE.—The Secretaries of Agriculture 

19 and Interior shall, by July 1 of each year, joint20 ly submit to the Director, the appropriate con21 gressional committees, the Committee on Agri22 culture and the Committee on Resources of the 

23 House of Representatives, and the Committee on 

24 Agriculture and the Committee on Energy and 

25 Natural Resources of the Senate, an assessment 


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1 of the quantity of illegal drug cultivation and 

2 manufacturing in the United States on lands 

3 owned or under the jurisdiction of the Federal 

4 Government for the preceding year. 

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

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

7 the Director and the appropriate congressional 

8 committees information for the preceding year 

9 regarding the number and type of— 

10 ‘‘(i) arrests for drug violations; 

11 ‘‘(ii) prosecutions for drug violations 

12 by United States Attorneys; and 

13 ‘‘(iii) seizures of drugs by each compo14 nent of the Department of Justice seizing 

15 drugs, as well as statistical information on 

16 the geographic areas of such seizures. 

17 ‘‘(C) SECRETARY OF HOMELAND SECU18 RITY.—The Secretary of Homeland Security 

19 shall, by July 1 of each year, submit to the Di20 rector, the appropriate congressional committees, 

21 and the Committee on Homeland Security of the 

22 House of Representatives, and the Committee on 

23 Homeland Security and Governmental Affairs of 

24 the Senate, information for the preceding year 

25 regarding— 


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

2 drugs by each component of the Department 

3 of Homeland Security seizing drugs, as well 

4 as statistical information on the geographic 

5 areas of such seizures; and 

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

7 patrol hours undertaken by each component 

8 of that Department primarily dedicated to 

9 drug supply reduction missions. 

10 ‘‘(D) SECRETARY OF DEFENSE.—The Sec11 retary of Defense shall, by July 1 of each year, 

12 submit to the Director, the appropriate congres13 sional committees, the Committee on Armed 

14 Services of the House of Representatives, and the 

15 Committee on Armed Services of the Senate, in16 formation for the preceding year regarding the 

17 number of air and maritime patrol hours pri18 marily dedicated to drug supply reduction mis19 sions undertaken by each component of the De20 partment of Defense.’’; 

21 (5) in subsection (b)(2)(B), by striking ‘‘Pro22 gram.’’ and inserting ‘‘Strategy.’’; and 

23 (6) in subsection (c), by striking ‘‘in’’ and in24 serting ‘‘on’’. 


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1 SEC. 8. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

2 AND ASSESSMENT OF NATIONAL DRUG CON3 TROL STRATEGY. 

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

5 follows: 

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

7 AND ASSESSMENT OF NATIONAL DRUG CON8 TROL STRATEGY. 

9 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOP10 MENT AND SUBMISSION OF NATIONAL DRUG CONTROL

11 STRATEGY.— 

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

13 each year, the President shall submit to Congress a 

14 National Drug Control Strategy, which shall set forth 

15 a comprehensive plan for reducing illicit drug use 

16 and the consequences of illicit drug use in the United 

17 States by reducing the demand for illegal drugs, lim18 iting the availability of illegal drugs, and conducting 

19 law enforcement activities with respect to illegal 

20 drugs. 

21 ‘‘(2) CONTENTS.— 

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

23 Control Strategy submitted under paragraph (1) 

24 shall include the following: 

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

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1 ducing illicit drug use and the consequences 

2 of illicit drug use in the United States. 

3 ‘‘(ii) Annual quantifiable objectives for 

4 demand reduction, supply reduction, and 

5 law enforcement activities, specific targets 

6 to accomplish long-range quantifiable reduc7 tion in illicit drug use as determined by the 

8 Director, and specific measurements to 

9 evaluate progress toward the targets and 

10 strategic goals. 

11 ‘‘(iii) A strategy to reduce the avail12 ability and purity of illegal drugs and the 

13 level of drug-related crime in the United 

14 States. 

15 ‘‘(iv) An assessment of Federal effec16 tiveness in achieving the National Drug 

17 Control Strategy for the previous year, in18 cluding a specific evaluation of whether the 

19 objectives and targets for reducing illicit 

20 drug use for the previous year were met and 

21 reasons for the success or failure of the pre22 vious year’s Strategy. 

23 ‘‘(v) A general review of the status of, 

24 and trends in, international, State, and 

25 local drug control activities to ensure that 


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1 the United States pursues well-coordinated 

2 and effective drug control at all levels of 

3 government. 

4 ‘‘(vi) A general review of the status of, 

5 and trends in, demand reduction activities 

6 by private sector entities and community7 based organizations, including faith-based 

8 organizations, to determine their effective9 ness and the extent of cooperation, coordina10 tion, and mutual support between such enti11 ties and organizations and Federal, State, 

12 and local government agencies. 

13 ‘‘(vii) An assessment of current illicit 

14 drug use (including inhalants and steroids) 

15 and availability, impact of illicit drug use, 

16 and treatment availability, which assess17 ment shall include— 

18 ‘‘(I) estimates of drug prevalence 

19 and frequency of use as measured by 

20 national, State, and local surveys of il21 licit drug use and by other special 

22 studies of nondependent and dependent 

23 illicit drug use; 


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1 ‘‘(II) illicit drug use in the work2 place and the productivity lost by such 

3 use; and 

4 ‘‘(III) illicit drug use by arrestees, 

5 probationers, and parolees. 

6 ‘‘(viii) An assessment of the reduction 

7 of illicit drug availability, as measured 

8 by— 

9 ‘‘(I) the quantities of cocaine, her10 oin, marijuana, methamphetamine, ec11 stasy, and other drugs available for 

12 consumption in the United States; 

13 ‘‘(II) the amount of marijuana, 

14 cocaine, heroin, methamphetamine, ec15 stasy, and precursor chemicals and 

16 other drugs entering the United States; 

17 ‘‘(III) the number of illicit drug 

18 manufacturing laboratories seized and 

19 destroyed and the number of hectares of 

20 marijuana, poppy, and coca cultivated 

21 and destroyed domestically and in 

22 other countries; 

23 ‘‘(IV) the number of metric tons of 

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1 amphetamine seized and other drugs; 

2 and 

3 ‘‘(V) changes in the price and pu4 rity of heroin, methamphetamine, and 

5 cocaine, changes in the price of ecstasy, 

6 and changes in tetrahydrocannabinol 

7 level of marijuana and other drugs. 

8 ‘‘(ix) An assessment of the reduction of 

9 the consequences of illicit drug use and 

10 availability, which shall include— 

11 ‘‘(I) the burden illicit drug users 

12 place on hospital emergency depart13 ments in the United States, such as the 

14 quantity of illicit drug-related services 

15 provided; 

16 ‘‘(II) the annual national health 

17 care cost of illicit drug use; and 

18 ‘‘(III) the extent of illicit drug-re19 lated crime and criminal activity. 

20 ‘‘(x) A general review of the status of, 

21 and trends in, of drug treatment in the 

22 United States, by assessing— 

23 ‘‘(I) public and private treatment 

24 utilization; and 


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1 ‘‘(II) the number of illicit drug 

2 users the Director estimates meet diag3 nostic criteria for treatment. 

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

5 of the Counterdrug Technology Assessment 

6 Center to reduce the availability and abuse 

7 of drugs. 

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

9 by Federal agencies to coordinate with pri10 vate sector entities to conduct private re11 search and development of medications to 

12 treat addiction by— 

13 ‘‘(I) screening chemicals for poten14 tial therapeutic value; 

15 ‘‘(II) developing promising com16 pounds; 

17 ‘‘(III) conducting clinical trials; 

18 ‘‘(IV) seeking, where appropriate, 

19 Food and Drug Administration ap20 proval for drugs to treat addiction; 

21 ‘‘(V) marketing, where appro22 priate, the drug for the treatment of 

23 addiction; 


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1 ‘‘(VI) urging physicians, where 

2 appropriate, to use the drug in the 

3 treatment of addiction; and 

4 ‘‘(VII) encouraging, where appro5 priate, insurance companies to reim6 burse the cost of the drug for the treat7 ment of addiction. 

8 ‘‘(xiii) Such additional statistical data 

9 and information as the Director considers 

10 appropriate to demonstrate and assess 

11 trends relating to illicit drug use, the effects 

12 and consequences of illicit drug use, supply 

13 reduction, demand reduction, drug-related 

14 law enforcement, and the implementation of 

15 the National Drug Control Strategy. 

16 ‘‘(xiv) A supplement reviewing the ac17 tivities of each individual National Drug 

18 Control Program agency during the pre19 vious year with respect to the National 

20 Drug Control Strategy and the Director’s 

21 assessment of the progress of each National 

22 Drug Control Program agency in meeting 

23 its responsibilities under the National Drug 

24 Control Strategy. 


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1 ‘‘(B) CLASSIFIED INFORMATION.—Any con2 tents of the National Drug Control Strategy that 

3 involve information properly classified under 

4 criteria established by an Executive order shall 

5 be presented to Congress separately from the rest 

6 of the National Drug Control Strategy. 

7 ‘‘(C) SELECTION OF DATA AND INFORMA8 TION.—In selecting data and information for in9 clusion under subparagraph (A), the Director 

10 shall ensure— 

11 ‘‘(i) the inclusion of data and informa12 tion that will permit analysis of current 

13 trends against previously compiled data 

14 and information where the Director believes 

15 such analysis enhances long-term assessment 

16 of the National Drug Control Strategy; and 

17 ‘‘(ii) the inclusion of data and infor18 mation to permit a standardized and uni19 form assessment of the effectiveness of drug 

20 treatment programs in the United States. 

21 ‘‘(3) PROCESS FOR DEVELOPMENT AND SUBMIS22 SION.— 

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

24 effectively implementing the National Drug Con25 trol Strategy, the Director— 


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1 ‘‘(i) shall consult with— 

2 ‘‘(I) the heads of the National 

3 Drug Control Program agencies; 

4 ‘‘(II) Congress; 

5 ‘‘(III) State and local officials; 

6 ‘‘(IV) private citizens and organi7 zations, including community- and 

8 faith-based organizations, with experi9 ence and expertise in demand reduc10 tion; 

11 ‘‘(V) private citizens and organi12 zations with experience and expertise 

13 in supply reduction; 

14 ‘‘(VI) private citizens and organi15 zations with experience and expertise 

16 in law enforcement; and 

17 ‘‘(VII) appropriate representatives 

18 of foreign governments; 

19 ‘‘(ii) with the concurrence of the Attor20 ney General, may require the El Paso Intel21 ligence Center to undertake specific tasks or 

22 projects to implement the National Drug 

23 Control Strategy; 

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1 torney General, may request that the Na2 tional Drug Intelligence Center undertake 

3 specific tasks or projects to implement the 

4 National Drug Control Strategy; and 

5 ‘‘(iv) may make recommendations to 

6 the Secretary of Health and Human Serv7 ices on research that supports or advances 

8 the National Drug Control Strategy. 

9 ‘‘(B) COMMITMENT TO SUPPORT STRAT10 EGY.—In satisfying the requirements of subpara11 graph (A)(i), the Director shall ensure, to the 

12 maximum extent possible, that State and local 

13 officials and relevant private organizations com14 mit to support and take steps to achieve the 

15 goals and objectives of the National Drug Control 

16 Strategy. 

17 ‘‘(C) RECOMMENDATIONS.—Recommenda18 tions under subparagraph (A)(iv) may include 

19 recommendations of research to be performed at 

20 the National Institutes of Health, including the 

21 National Institute on Drug Abuse, or any other 

22 appropriate agency within the Department of 

23 Health and Human Services. 

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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 National 

5 Drug Control Strategy that meets the requirements of 

6 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 effect 

10 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 Control 

20 Strategy goal and objective established for reducing 

21 drug use, drug availability, and the consequences of 

22 drug use; 

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

24 data that will be used for each performance measure 


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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 reduc8 tion and supply reduction activities implemented by 

9 each National Drug Control Program agency in sup10 port of the National Drug Control Strategy; 

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

12 and objectives among the National Drug Control Pro13 gram agencies and ensures that each agency’s goals, 

14 objectives, and budgets support and are fully con15 sistent with the National Drug Control Strategy; and 

16 ‘‘(6) coordinates the development and implemen17 tation of national drug control data collection and re18 porting systems to support policy formulation and 

19 performance measurement, including an assessment 

20 of— 

21 ‘‘(A) the quality of current drug use meas22 urement instruments and techniques to measure 

23 supply reduction and demand reduction activi24 ties; 


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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 illicit 

5 drug use; and 

6 ‘‘(C) the adequacy of the coverage of existing 

7 national treatment outcome monitoring systems 

8 to measure the effectiveness of drug abuse treat9 ment in reducing illicit drug use and criminal 

10 behavior during and after the completion of sub11 stance abuse treatment; and 

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

13 to correct any inadequacies, deficiencies, or limita14 tions identified in the assessment described in para15 graph (6). 

16 ‘‘(c) MODIFICATIONS.—A description of any modifica17 tions made during the preceding year to the national drug 

18 performance measurement system described in subsection 

19 (b) shall be included in each report submitted under sub20 section (a).’’. 

21 SEC. 9. 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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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 is 

9 to reduce drug trafficking and drug production in the 

10 United States by— 

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

13 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 in 

24 designated areas and in the United States as a 

25 whole. 


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1 ‘‘(b) DESIGNATION.—The Director, upon consultation 

2 with the Attorney General, the Secretary of the Treasury, 

3 the Secretary of Homeland Security, heads of the National 

4 Drug Control Program agencies, and the Governor of each 

5 applicable State, may designate any specified area of the 

6 United States as a high intensity drug trafficking area. 

7 After making such a designation and in order to provide 

8 Federal assistance to the area so designated, the Director 

9 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 of 

14 the head of the department or agency that employs 

15 such personnel; 

16 ‘‘(3) take any other action authorized under sec17 tion 704 to provide increased Federal assistance to 

18 those areas; and 

19 ‘‘(4) coordinate activities under this section (spe20 cifically 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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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 traf15 ficking problem in the area, thereby indicating a de16 termination to respond aggressively to the problem; 

17 ‘‘(3) drug-related activities in the area are hav18 ing a significant harmful impact in the area, and in 

19 other areas of the country; and 

20 ‘‘(4) a significant increase in allocation of Fed21 eral resources is necessary to respond adequately to 

22 drug-related activities in the area. 

23 ‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG TRAF24 FICKING AREAS.— 


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

2 eligible for funds appropriated under this section, 

3 each high intensity drug trafficking area shall be gov4 erned by an Executive Board. The Executive Board 

5 shall designate a chairman, vice chairman, and any 

6 other officers to the Executive Board that it deter7 mines 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 inten15 sity 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 to 

20 the Director on the activities of the high inten21 sity 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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1 drug trafficking area, if that area’s, region’s or part2 nership’s Executive Board does not apportion an 

3 equal number of votes between representatives of par4 ticipating Federal agencies and representatives of 

5 participating State and local agencies. Where it is 

6 impractical for a equal number of representatives of 

7 Federal agencies and State and local agencies to at8 tend a meeting of an Executive Board in person, the 

9 Executive Board may use a system of proxy votes or 

10 weighted votes to achieve the voting balance required 

11 by this paragraph. 

12 ‘‘(4) NO AGENCY RELATIONSHIP.—The eligibility 

13 requirements of this section are intended to ensure the 

14 responsible use of Federal funds. Nothing in this sec15 tion is intended to create an agency relationship be16 tween individual high intensity drug trafficking areas 

17 and the Federal Government. 

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

19 no Federal funds appropriated for the Program are ex20 pended for the establishment or expansion of drug treatment 

21 programs, and shall ensure that not more than five percent 

22 of the Federal funds appropriated for the Program are ex23 pended for the establishment of drug prevention programs. 

24 ‘‘(g) COUNTERTERRORISM ACTIVITIES.— 


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

2 may authorize use of resources available for the Pro3 gram to assist Federal, State, and local law enforce4 ment agencies in investigations and activities related 

5 to terrorism and prevention of terrorism, especially 

6 but not exclusively with respect to such investigations 

7 and activities that are also related to drug trafficking. 

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

9 ‘‘(A) that assistance provided under para10 graph (1) remains incidental to the purpose of 

11 the Program to reduce drug availability and 

12 carry out drug-related law enforcement activi13 ties; and 

14 ‘‘(B) that significant resources of the Pro15 gram are not redirected to activities exclusively 

16 related to terrorism, except on a temporary basis 

17 under extraordinary circumstances, as deter18 mined by the Director. 

19 ‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA20 TION.—The Director, in consultation with the Attorney 

21 General, shall ensure that a representative of the Drug En22 forcement Administration is included in the Intelligence 

23 Support Center for each high intensity drug trafficking 

24 area. 


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1 ‘‘(i) ANNUAL HIDTA PROGRAM BUDGET SUBMIS2 SIONS.—As part of the documentation that supports the 

3 President’s annual budget request for the Office, the Direc4 tor shall submit to Congress a budget justification that in5 cludes the following: 

6 ‘‘(1) The amount requested for each high inten7 sity drug trafficking area with supporting narrative 

8 descriptions and rationale for each request. 

9 ‘‘(2) A detailed justification for each funding re10 quest that explains the reasons for the requested fund11 ing level, how such funding level was determined 

12 based on a current assessment of the drug trafficking 

13 threat in each high intensity drug trafficking area, 

14 how such funding will ensure that the goals and objec15 tives of each such area will be achieved, and how such 

16 funding supports the National Drug Control Strategy. 

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

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

19 to 10 percent of the amounts appropriated under this 

20 section on a discretionary basis, to respond to any 

21 emerging drug trafficking threat in an existing high 

22 intensity drug trafficking area, or to establish a new 

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1 ance with the criteria established under paragraph 

2 (2). 

3 ‘‘(2) CONSIDERATION OF IMPACT.—In allocating 

4 funds under this subsection, the Director shall con5 sider— 

6 ‘‘(A) the impact of activities funded on re7 ducing overall drug traffic in the United States, 

8 or minimizing the probability that an emerging 

9 drug trafficking threat will spread to other areas 

10 of the United States; and 

11 ‘‘(B) such other criteria as the Director con12 siders appropriate. 

13 ‘‘(k) EVALUATION.— 

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

15 after the date of the enactment of this subsection, the 

16 Director shall, after consulting with the Executive 

17 Boards of each designated high intensity drug traf18 ficking area, submit a report to Congress that de19 scribes, for each designated high intensity drug traf20 ficking area— 

21 ‘‘(A) the specific purposes for the high in22 tensity drug trafficking area; 

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

24 goals and objectives for the high intensity drug 

25 trafficking area; 


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

2 evaluate the performance of the high intensity 

3 drug trafficking area in achieving the long-term 

4 and short-term goals; and 

5 ‘‘(D) the reporting requirements needed to 

6 evaluate the performance of the high intensity 

7 drug trafficking area in achieving the long-term 

8 and short-term goals. 

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

10 OF NATIONAL DRUG CONTROL STRATEGY.—For each 

11 designated high intensity drug trafficking area, the 

12 Director shall submit, as part of the annual National 

13 Drug Control Strategy report, a report that— 

14 ‘‘(A) describes— 

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

16 intensity drug trafficking area; and 

17 ‘‘(ii) the specific long-term and short18 term goals and objectives for the high inten19 sity drug trafficking area; and 

20 ‘‘(B) includes an evaluation of the perform21 ance of the high intensity drug trafficking area 

22 in accomplishing the specific long-term and 

23 short-term goals and objectives identified under 

24 paragraph (1)(B). 


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1 ‘‘(l) ASSESSMENT OF DRUG ENFORCEMENT TASK

2 FORCES IN HIGH INTENSITY DRUG TRAFFICKING AREAS.— 

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

4 subsection, and as part of each subsequent annual National 

5 Drug Control Strategy report, the Director shall submit to 

6 Congress a report— 

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

8 federally funded drug enforcement task forces within 

9 each high intensity drug trafficking area; and 

10 ‘‘(2) describing— 

11 ‘‘(A) each Federal, State, and local drug en12 forcement task force operating in the high inten13 sity drug trafficking area; 

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

15 each other, with any high intensity drug traf16 ficking area task force, and with investigations 

17 receiving funds from the Organized Crime and 

18 Drug Enforcement Task Force; 

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

20 takes to share information regarding drug traf21 ficking and drug production with other federally 

22 funded drug enforcement task forces in the high 

23 intensity drug trafficking area; 


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1 ‘‘(D) the role of the high intensity drug traf2 ficking area in coordinating the sharing of such 

3 information among task forces; 

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

5 by each Federal, State, and local participant in 

6 ensuring that such information is shared among 

7 law enforcement agencies and with the high in8 tensity drug trafficking area; 

9 ‘‘(F) the nature and extent to which infor10 mation sharing and enforcement activities are 

11 coordinated with joint terrorism task forces in 

12 the high intensity drug trafficking area; and 

13 ‘‘(G) any recommendations for measures 

14 needed to ensure that task force resources are uti15 lized efficiently and effectively to reduce the 

16 availability of illegal drugs in the high intensity 

17 drug trafficking areas. 

18 ‘‘(m) ASSESSMENT OF INTELLIGENCE SHARING IN

19 HIGH INTENSITY DRUG TRAFFICKING AREAS—PRO20 GRAM.—Not later than 180 days after the date of the enact21 ment of this subsection, and as part of each subsequent an22 nual National Drug Control Strategy report, the Director 

23 shall submit to Congress a report— 

24 ‘‘(1) evaluating existing and planned intelligence 

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1 ficking area, or utilized by task forces receiving any 

2 funding under the Program, including the extent to 

3 which such systems ensure access and availability of 

4 intelligence to Federal, State, and local law enforce5 ment agencies within the high intensity drug traf6 ficking area and outside of it; 

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

8 law enforcement agencies participating in each high 

9 intensity drug trafficking area are sharing intel10 ligence information to assess current drug trafficking 

11 threats and design appropriate enforcement strategies; 

12 and 

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

14 sharing of information and intelligence regarding 

15 drug trafficking and drug production among Federal, 

16 State, and local law enforcement participating in a 

17 high intensity drug trafficking area, and between 

18 such agencies and similar agencies outside the high 

19 intensity drug trafficking area. 

20 ‘‘(n) COORDINATION OF INTELLIGENCE SHARING

21 WITH ORGANIZED CRIME DRUG ENFORCEMENT TASK

22 FORCE PROGRAM.—The Director, in consultation with the 

23 Attorney General, shall ensure that any drug enforcement 

24 intelligence obtained by the Intelligence Support Center for 

25 each high intensity drug trafficking area is shared, on a 


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1 timely basis, with the drug intelligence fusion center oper2 ated by the Organized Crime Drug Enforcement Task Force 

3 of the Department of Justice. 

4 ‘‘(o) USE OF FUNDS TO COMBAT METHAMPHETAMINE

5 TRAFFICKING.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) REQUIREMENT.—The Director shall 

8 ensure that, of the amounts appropriated for a 

9 fiscal year for the Program, at least $15,000,000 

10 is allocated to combat the trafficking of meth11 amphetamine in areas designated by the Direc12 tor as high intensity drug trafficking areas. 

13 ‘‘(B) ACTIVITIES.—In meeting the require14 ment in subparagraph (A), the Director shall 

15 transfer funds to appropriate Federal, State, and 

16 local governmental agencies for employing addi17 tional Federal law enforcement personnel, or fa18 cilitating the employment of additional State 

19 and local law enforcement personnel, including 

20 agents, investigators, prosecutors, laboratory 

21 technicians, chemists, investigative assistants, 

22 and drug prevention specialists. 

23 ‘‘(2) APPORTIONMENT OF FUNDS.— 

24 ‘‘(A) FACTORS IN APPORTIONMENT.—The 

25 Director shall apportion amounts allocated 


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1 under paragraph (1) among areas designated by 

2 the Director as high intensity drug trafficking 

3 areas based on the following factors: 

4 ‘‘(i) The number of methamphetamine 

5 manufacturing facilities discovered by Fed6 eral, State, or local law enforcement offi7 cials in the area during the previous fiscal 

8 year. 

9 ‘‘(ii) The number of methamphetamine 

10 prosecutions in Federal, State, or local 

11 courts in the area during the previous fiscal 

12 year. 

13 ‘‘(iii) The number of methamphet14 amine arrests by Federal, State, or local 

15 law enforcement officials in the area during 

16 the previous fiscal year. 

17 ‘‘(iv) The amounts of methamphet18 amine or listed chemicals (as that term is 

19 defined in section 102(33) of the Controlled 

20 Substances Act (21 U.S.C. 802(33)) seized 

21 by Federal, State, or local law enforcement 

22 officials in the area during the previous fis23 cal year. 

24 ‘‘(v) Intelligence and predictive data 

25 from the Drug Enforcement Administration 


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1 showing patterns and trends in abuse, traf2 ficking, and transportation in methamphet3 amine and listed chemicals (as that term is 

4 so defined). 

5 ‘‘(B) CERTIFICATION.—Before the Director 

6 apportions any funds under this paragraph to a 

7 high intensity drug trafficking area, the Director 

8 shall certify that the law enforcement entities re9 sponsible for clandestine methamphetamine lab10 oratory seizures in that area are providing lab11 oratory seizure data to the national clandestine 

12 laboratory database at the El Paso Intelligence 

13 Center. 

14 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 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 2007; 

18 ‘‘(2) $290,000,000 for each of fiscal years 2008 

19 and 2009; and 

20 ‘‘(3) $300,000,000 for each of fiscal years 2010 

21 and 2011.’’. 

22 SEC. 10. 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. Dawson’s 

5 notification of police about persistent drug distribu6 tion activity in their East Baltimore City neighbor7 hood. 

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 is 

11 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 ordi15 nary citizens is a critical component. 

16 (5) Voluntary cooperation is difficult for law en17 forcement officials to obtain when citizens feel that co18 operation carries the risk of violent retaliation by ille19 gal drug trafficking organizations and their affiliates. 

20 (6) Public confidence that law enforcement is 

21 doing all it can to make communities safe is a pre22 requisite for voluntary cooperation among people who 

23 may be subject to intimidation or reprisal (or both). 

24 (7) Witness protection programs are insufficient 

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1 viduals and families who strive every day to make 

2 distressed neighborhoods livable for their children, 

3 other relatives, and neighbors will resist or refuse of4 fers of relocation by local, State, and Federal prosecu5 torial agencies and because, moreover, the continued 

6 presence of strong individuals and families is critical 

7 to preserving and strengthening the social fabric in 

8 such communities. 

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

10 City) interstate trafficking of illegal drugs has severe 

11 ancillary local consequences within areas designated 

12 as high intensity drug trafficking areas, it is impor13 tant that supplementary High Intensity Drug Traf14 ficking Areas Program funds be committed to support 

15 initiatives aimed at making the affected communities 

16 safe for the residents of those communities and en17 couraging their cooperation with local, State, and 

18 Federal law enforcement efforts to combat illegal drug 

19 trafficking. 

20 (c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG

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

22 amended by section 9, is further amended by adding at the 

23 end the following new subsection: 

24 ‘‘(q) SPECIFIC PURPOSES.— 


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

2 that, of the amounts appropriated for a fiscal year for 

3 the Program, at least $7,000,000 is used in high in4 tensity drug trafficking areas with severe neighbor5 hood safety and illegal drug distribution problems. 

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

7 paragraph (1) shall be used— 

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

9 and the protection of communities, including the 

10 prevention of the intimidation of potential wit11 nesses of illegal drug distribution and related ac12 tivities; and 

13 ‘‘(B) to combat illegal drug trafficking 

14 through such methods as the Director considers 

15 appropriate, such as establishing or operating 

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

17 the public to provide information about illegal 

18 drug-related activities.’’. 

19 SEC. 11. AMENDMENTS RELATING TO COUNTER-DRUG 

20 TECHNOLOGY ASSESSMENT CENTER. 

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

22 1707(b)) is amended— 

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

24 TECHNOLOGY.—’’ and inserting ‘‘CHIEF SCI25 ENTIST.—’’; and 


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1 (2) by striking ‘‘Director of Technology,’’ and in2 serting ‘‘Chief Scientist,’’. 

3 (b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

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

5 follows: 

6 ‘‘(c) ADDITIONAL RESPONSIBILITIES OF THE DIREC7 TOR OF NATIONAL DRUG CONTROL POLICY.— 

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

9 the Chief Scientist shall— 

10 ‘‘(A) identify and define the short-, me11 dium-, and long-term scientific and technological 

12 needs of Federal, State, and local law enforce13 ment agencies relating to drug enforcement, in14 cluding— 

15 ‘‘(i) advanced surveillance, tracking, 

16 and radar imaging; 

17 ‘‘(ii) electronic support measures; 

18 ‘‘(iii) communications; 

19 ‘‘(iv) data fusion, advanced computer 

20 systems, and artificial intelligence; and 

21 ‘‘(v) chemical, biological, radiological 

22 (including neutron, electron, and graviton), 

23 and other means of detection; 

24 ‘‘(B) identify demand reduction (including 

25 drug prevention) basic and applied research 


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1 needs and initiatives, in consultation with af2 fected National Drug Control Program agencies, 

3 including— 

4 ‘‘(i) improving treatment through 

5 neuroscientific advances; 

6 ‘‘(ii) improving the transfer of bio7 medical research to the clinical setting; and 

8 ‘‘(iii) in consultation with the Na9 tional Institute on Drug Abuse and the 

10 Substance Abuse and Mental Health Serv11 ices Administration, and through inter12 agency agreements or grants, examining ad13 diction and rehabilitation research and the 

14 application of technology to expanding the 

15 effectiveness or availability of drug treat16 ment; 

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

18 identified in subparagraphs (A) and (B) accord19 ing to fiscal and technological feasibility, as part 

20 of a National Counterdrug Research and Devel21 opment Program; 

22 ‘‘(D) oversee and coordinate counterdrug 

23 technology initiatives with related activities of 

24 other Federal civilian and military departments; 


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1 ‘‘(E) provide support to the development 

2 and implementation of the national drug control 

3 performance measurement system established 

4 under subsection (b) of section 706; 

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

6 from State and local law enforcement agencies, 

7 oversee and coordinate a technology transfer pro8 gram for the transfer of technology to State and 

9 local law enforcement agencies; and 

10 ‘‘(G) pursuant to the authority of the Direc11 tor of National Drug Control Policy under sec12 tion 704, submit requests to Congress for the re13 programming or transfer of funds appropriated 

14 for counterdrug technology research and develop15 ment. 

16 ‘‘(2) PRIORITIES IN TRANSFERRING TECH17 NOLOGY.— 

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

19 shall give priority, in transferring technology 

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

21 criteria: 

22 ‘‘(i) the need of potential recipients for 

23 such technology; 


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1 ‘‘(ii) the effectiveness of the technology 

2 to enhance current counterdrug activities of 

3 potential recipients; and 

4 ‘‘(iii) the ability and willingness of po5 tential recipients to evaluate transferred 

6 technology. 

7 ‘‘(B) INTERDICTION AND BORDER DRUG

8 LAW ENFORCEMENT TECHNOLOGIES.—The Chief 

9 Scientist shall give priority, in transferring tech10 nologies most likely to assist in drug interdiction 

11 and border drug law enforcement, to State, local, 

12 and tribal law enforcement agencies in southwest 

13 border areas and northern border areas with sig14 nificant traffic in illicit drugs. 

15 ‘‘(3) LIMITATION ON AUTHORITY.—The authority 

16 granted to the Director under this subsection shall not 

17 extend to the direct management of individual 

18 projects or other operational activities. 

19 ‘‘(4) REPORT.—On or before July 1 of each year, 

20 the Director shall submit a report to the appropriate 

21 congressional committees that addresses the following: 

22 ‘‘(A) The number of requests received during 

23 the previous 12 months, including the identity of 

24 each requesting agency and the type of tech25 nology requested. 


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1 ‘‘(B) The number of requests fulfilled during 

2 the previous 12 months, including the identity of 

3 each recipient agency and the type of technology 

4 transferred. 

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

6 making the determination on what requests were 

7 funded and what requests were not funded, ex8 cept that such summary shall not include spe9 cific information on any individual requests. 

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

11 needs of the program, based on expected changes 

12 in threats, expected technologies, and likely need 

13 from potential recipients. 

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

15 the technologies transferred, based in part on the 

16 evaluations provided by the recipients, with a 

17 recommendation whether the technology should 

18 continue to be offered through the program.’’. 

19 (c) ASSISTANCE FROM SECRETARY OF HOMELAND SE20 CURITY.—Section 708(d) (21 U.S.C. 1707(d)) is amended 

21 by inserting ‘‘, the Secretary of Homeland Security,’’ after 

22 ‘‘The Secretary of Defense’’. 

23 SEC. 12. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

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

25 amended to read as follows: 


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

2 ‘‘(a) IN GENERAL.—The Director shall conduct a na3 tional youth anti-drug media campaign (referred to in this 

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

5 with this section for the purposes of— 

6 ‘‘(1) preventing drug abuse among young people 

7 in the United States; 

8 ‘‘(2) increasing awareness of adults of the impact 

9 of drug abuse on young people; and 

10 ‘‘(3) encouraging parents and other interested 

11 adults to discuss with young people the dangers of il12 legal drug use. 

13 ‘‘(b) USE OF FUNDS.— 

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

15 carry out this section for the national media cam16 paign may only be used for the following: 

17 ‘‘(A) The purchase of media time and space, 

18 including the strategic planning for, and ac19 counting of, such purchases. 

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

21 with paragraph (2)(A). 

22 ‘‘(C) Advertising production costs. 

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

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

25 national media campaign. 


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

2 bidder on requests for proposals issued either by 

3 the Office or its designee to enter into contracts 

4 to carry out activities authorized by this section. 

5 ‘‘(G) Partnerships with professional and 

6 civic groups, community-based organizations, in7 cluding faith-based organizations, and govern8 ment organizations related to the national media 

9 campaign. 

10 ‘‘(H) Entertainment industry outreach, 

11 interactive outreach, media projects and activi12 ties, public information, news media outreach, 

13 and corporate sponsorship and participation. 

14 ‘‘(I) Operational and management expenses. 

15 ‘‘(2) SPECIFIC REQUIREMENTS.— 

16 ‘‘(A) CREATIVE SERVICES.— 

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

18 talent costs under paragraph (1)(B), the Di19 rector shall use creative services donated at 

20 no cost to the Government (including cre21 ative services provided by the Partnership 

22 for a Drug-Free America) wherever feasible 

23 and may only procure creative services for 

24 advertising— 


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1 ‘‘(I) responding to high-priority 

2 or emergent campaign needs that can3 not timely be obtained at no cost; or 

4 ‘‘(II) intended to reach a minor5 ity, ethnic, or other special audience 

6 that cannot reasonably be obtained at 

7 no cost; or 

8 ‘‘(III) the Director determines 

9 that the Partnership for a Drug-Free 

10 America is unable to provide, pursuant 

11 to subsection (d)(2)(B). 

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

13 expended under this section each fiscal year 

14 on creative services, except that the Director 

15 may expend up to $2,000,000 in a fiscal 

16 year on creative services to meet urgent 

17 needs of the national media campaign with 

18 advance approval from the Committee on 

19 Appropriations of the House of Representa20 tives and of the Senate upon a showing of 

21 the circumstances causing such urgent needs 

22 of the national media campaign. 

23 ‘‘(B) TESTING AND EVALUATION OF ADVER24 TISING.—In using amounts for testing and eval25 uation of advertising under paragraph (1)(D), 


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1 the Director shall test all advertisements prior to 

2 use in the national media campaign to ensure 

3 that the advertisements are effective and meet in4 dustry-accepted standards. The Director may 

5 waive this requirement for advertisements using 

6 no more than 10 percent of the purchase of ad7 vertising time purchased under this section in a 

8 fiscal year and no more than 10 percent of the 

9 advertising space purchased under this section in 

10 a fiscal year, if the advertisements respond to 

11 emergent and time-sensitive campaign needs or 

12 the advertisements will not be widely utilized in 

13 the national media campaign. 

14 ‘‘(C) EVALUATION OF EFFECTIVENESS OF

15 MEDIA CAMPAIGN.—In using amounts for the 

16 evaluation of the effectiveness of the national 

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

18 Director shall— 

19 ‘‘(i) designate an independent entity to 

20 evaluate annually the effectiveness of the na21 tional media campaign based on data 

22 from— 

23 ‘‘(I) the Monitoring the Future 

24 Study published by the Department of 

25 Health and Human Services; 


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1 ‘‘(II) the Attitude Tracking Study 

2 published by the Partnership for a 

3 Drug Free America; 

4 ‘‘(III) the National Household 

5 Survey on Drug Abuse; and 

6 ‘‘(IV) other relevant studies or 

7 publications, as determined by the Di8 rector, including tracking and evalua9 tion data collected according to mar10 keting and advertising industry stand11 ards; and 

12 ‘‘(ii) ensure that the effectiveness of the 

13 national media campaign is evaluated in a 

14 manner that enables consideration of wheth15 er the national media campaign has con16 tributed to reduction of illicit drug use 

17 among youth and such other measures of 

18 evaluation as the Director determines are 

19 appropriate. 

20 ‘‘(3) PURCHASE OF ADVERTISING TIME AND

21 SPACE.—For each fiscal year, not less than 77 percent 

22 of the amounts appropriated under this section shall 

23 be used for the purchase of advertising time and space 

24 for the national media campaign, subject to the fol25 lowing exceptions: 


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

2 $125,000,000 is appropriated for the national 

3 media campaign, not less than 82 percent of the 

4 amounts appropriated under this section shall be 

5 used for the purchase of advertising time and 

6 space for the national media campaign. 

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

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

9 section, not less than 72 percent shall be used for 

10 advertising production costs and the purchase of 

11 advertising time and space for the national 

12 media campaign. 

13 ‘‘(c) ADVERTISING.—In carrying out this section, the 

14 Director shall ensure that sufficient funds are allocated to 

15 meet the stated goals of the national media campaign. 

16 ‘‘(d) DIVISION OF RESPONSIBILITIES AND FUNCTIONS

17 UNDER THE PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Director, in consultation 

19 with the Partnership for a Drug-Free America, shall 

20 determine the overall purposes and strategy of the na21 tional media campaign. 

22 ‘‘(2) RESPONSIBILITIES.— 

23 ‘‘(A) DIRECTOR.—The Director shall be re24 sponsible for implementing a focused national 


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1 media campaign to meet the purposes set forth 

2 in subsection (a), and shall approve— 

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

4 campaign; 

5 ‘‘(ii) all advertising and promotional 

6 material used in the national media cam7 paign; and 

8 ‘‘(iii) the plan for the purchase of ad9 vertising time and space for the national 

10 media campaign. 

11 ‘‘(B) THE PARTNERSHIP FOR A DRUG-FREE

12 AMERICA.—The Director shall request that the 

13 Partnership for a Drug-Free America— 

14 ‘‘(i) develop and recommend strategies 

15 to achieve the goals of the national media 

16 campaign, including addressing national 

17 and local drug threats in specific regions or 

18 States, such as methamphetamine and ec19 stasy; 

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

21 in the national media campaign, except ad22 vertisements that are— 

23 ‘‘(I) provided by other nonprofit 

24 entities pursuant to subsection (f); 


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1 ‘‘(II) intended to respond to high2 priority or emergent campaign needs 

3 that cannot timely be obtained at no 

4 cost (not including production costs 

5 and talent reuse payments), provided 

6 that any such advertising material is 

7 reviewed by the Partnership for a 

8 Drug-Free America; 

9 ‘‘(III) intended to reach a minor10 ity, ethnic, or other special audience 

11 that cannot be obtained at no cost (not 

12 including production costs and talent 

13 reuse payments), provided that any 

14 such advertising material is reviewed 

15 by the Partnership for a Drug-Free 

16 America; or 

17 ‘‘(IV) any other advertisements 

18 that the Director determines that the 

19 Partnership for a Drug-Free America 

20 is unable to provide. 

21 ‘‘(C) MEDIA BUYING CONTRACTOR.—The 

22 Director shall enter into a contract with a media 

23 buying contractor to plan and purchase adver24 tising time and space for the national media 

25 campaign. The media buying contractor shall 


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1 not provide any other service or material, or 

2 conduct any other function or activity which the 

3 Director determines should be provided by the 

4 Partnership for a Drug-Free America. 

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

6 available under subsection (b) may be obligated or expended 

7 for any of the following: 

8 ‘‘(1) To supplant current antidrug community9 based coalitions. 

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

11 donated by national and local broadcasting networks 

12 for other public service campaigns. 

13 ‘‘(3) For partisan political purposes, or express 

14 advocacy in support of or to defeat any clearly identi15 fied candidate, clearly identified ballot initiative, or 

16 clearly identified legislative or regulatory proposal. 

17 ‘‘(4) To fund advertising that features any elect18 ed officials, persons seeking elected office, cabinet level 

19 officials, or other Federal officials employed pursuant 

20 to section 213 of Schedule C of title 5, Code of Federal 

21 Regulations. 

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

23 a primary message intended to reduce or prevent il24 licit drug use. 


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

2 message intended to promote support for the media 

3 campaign or private sector contributions to the media 

4 campaign. 

5 ‘‘(f) MATCHING REQUIREMENT.— 

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

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

8 be matched by an equal amount of non-Federal funds 

9 for the national media campaign, or be matched with 

10 in-kind contributions of the same value. 

11 ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RE12 LATIONSHIP REQUIREMENT.—The Director shall en13 sure that at least 70 percent of no-cost match adver14 tising provided directly relates to substance abuse pre15 vention consistent with the specific purposes of the 

16 national media campaign, except that in any fiscal 

17 year in which less than $125,000,000 is appropriated 

18 to the national media campaign, the Director shall 

19 ensure that at least 85 percent of no-cost match ad20 vertising directly relates to substance abuse preven21 tion consistent with the specific purposes of the na22 tional media campaign. 

23 ‘‘(3) NO-COST MATCH ADVERTISING NOT DI24 RECTLY RELATED.—The Director shall ensure that 

25 no-cost match advertising that does not directly relate 


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1 to substance abuse prevention consistent with the pur2 poses of the national media campaign includes a clear 

3 antidrug message. Such message is not required to be 

4 the primary message of the match advertising. 

5 ‘‘(g) FINANCIAL AND PERFORMANCE ACCOUNT6 ABILITY.—The Director shall cause to be performed— 

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

8 media campaign pursuant to section 304C of the Fed9 eral Property and Administrative Services Act of 

10 1949 (41 U.S.C. 254d); and 

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

12 the national media campaign are allowable under sec13 tion 306 of such Act (41 U.S.C. 256). 

14 ‘‘(h) REPORT TO CONGRESS.—The Director shall sub15 mit on an annual basis a report to Congress that de16 scribes— 

17 ‘‘(1) the strategy of the national media cam18 paign and whether specific objectives of the media 

19 campaign were accomplished; 

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

21 media campaign operates in an effective and efficient 

22 manner consistent with the overall strategy and focus 

23 of the national media campaign; 

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

25 space; 


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1 ‘‘(4) policies and practices implemented to en2 sure that Federal funds are used responsibly to pur3 chase advertising time and space and eliminate the 

4 potential for waste, fraud, and abuse; and 

5 ‘‘(5) all contracts entered into with a corpora6 tion, partnership, or individual working on behalf of 

7 the national media campaign. 

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

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

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

11 includes specific information on, prevention or treatment 

12 resources for consumers within specific local areas. 

13 ‘‘(j) PREVENTION OF MARIJUANA USE.— 

14 ‘‘(1) FINDINGS.—The Congress finds the fol15 lowing: 

16 ‘‘(A) 60 percent of adolescent admissions for 

17 drug treatment are based on marijuana use. 

18 ‘‘(B) Potency levels of contemporary mari19 juana, particularly hydroponically grown mari20 juana, are significantly higher than in the past, 

21 rising from under 1 percent of THC in the mid22 1970s to as high as 30 percent today. 

23 ‘‘(C) Contemporary research has dem24 onstrated that youths smoking marijuana early 


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1 in life may be up to five times more likely to use 

2 hard drugs. 

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

5 educational achievement resulting from mari6 juana use. 

7 ‘‘(E) Contemporary research has dem8 onstrated clear detrimental effects in adolescent 

9 brain development resulting from marijuana use. 

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

11 year drive while under the influence of illegal 

12 drugs, including marijuana. 

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

14 percent more of certain cancer causing chemicals 

15 than tobacco smoke. 

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

17 four times more likely to have a teen pregnancy 

18 than teens who have not. 

19 ‘‘(I) Federal law enforcement agencies have 

20 identified clear links suggesting that trade in hy21 droponic marijuana facilitates trade by criminal 

22 organizations in hard drugs, including heroin. 

23 ‘‘(J) Federal law enforcement agencies have 

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1 nabis products and financing for terrorist orga2 nizations. 

3 ‘‘(2) EMPHASIS ON PREVENTION OF YOUTH MARI4 JUANA USE.—In conducting advertising and activities 

5 otherwise authorized under this section, the Director 

6 may emphasize prevention of youth marijuana use. 

7 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Office to carry out this 

9 section, $195,000,000 for each of fiscal years 2007 and 2008 

10 and $210,000,000 for each of fiscal years 2009 through 

11 2011.’’. 

12 (b) REPEAL OF SUPERSEDED PROVISIONS.—The 

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

14 et seq.) is repealed. 

15 SEC. 13. DRUG INTERDICTION. 

16 (a) IN GENERAL.—Subsections (a) and (b) of section 

17 711 (21 U.S.C. 1710) are amended to read as follows: 

18 ‘‘(a) UNITED STATES INTERDICTION COORDINATOR.— 

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 para23 graph (2) and such other duties as may be determined 

24 by the Director with respect to coordination of efforts 


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1 to interdict illicit drugs from entering the United 

2 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) on behalf of the Director, developing 

11 and issuing, on or before March 1 of each year 

12 and in accordance with paragraph (3), a Na13 tional Interdiction Command and Control Plan 

14 to ensure the coordination and consistency de15 scribed in subparagraph (A); 

16 ‘‘(C) assessing the sufficiency of assets com17 mitted to illicit drug interdiction by the relevant 

18 National Drug Control Program agencies; and 

19 ‘‘(D) advising the Director on the efforts of 

20 each National Drug Control Program agency to 

21 implement the National Interdiction Command 

22 and Control Plan. 

23 ‘‘(3) STAFF.—The Director shall assign such per24 manent staff of the Office as he considers appropriate 

25 to assist the United States Interdiction Coordinator 


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1 to carry out the responsibilities described in para2 graph (2), and may also, at his discretion, request 

3 that appropriate National Drug Control Program 

4 agencies detail or assign staff to the Office of Supply 

5 Reduction for that purpose. 

6 ‘‘(4) NATIONAL INTERDICTION COMMAND AND

7 CONTROL PLAN.— 

8 ‘‘(A) PURPOSES.—The National Interdic9 tion Command and Control Plan shall— 

10 ‘‘(i) set forth the Government’s strategy 

11 for drug interdiction; 

12 ‘‘(ii) state the specific roles and respon13 sibilities of the relevant National Drug Con14 trol Program agencies for implementing 

15 that strategy; and 

16 ‘‘(iii) identify the specific resources re17 quired to enable the relevant National Drug 

18 Control Program agencies to implement 

19 that strategy. 

20 ‘‘(B) CONSULTATION WITH OTHER AGEN21 CIES.—The United States Interdiction Coordi22 nator shall issue the National Interdiction Com23 mand and Control Plan in consultation with the 

24 other members of the Interdiction Committee de25 scribed in subsection (b). 


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1 ‘‘(C) LIMITATION.—The National Interdic2 tion Command and Control Plan shall not 

3 change existing agency authorities or the laws 

4 governing interagency relationships, but may in5 clude recommendations about changes to such 

6 authorities or laws. 

7 ‘‘(D) REPORT TO CONGRESS.—On or before 

8 March 1 of each year, the United States Interdic9 tion Coordinator shall provide a report on behalf 

10 of the Director to the appropriate congressional 

11 committees, to the Committee on Armed Services 

12 and the Committee on Homeland Security of the 

13 House of Representatives, and to the Committee 

14 on Homeland Security and Governmental Af15 fairs and the Committee on Armed Services of 

16 the Senate, which shall include— 

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

18 Interdiction Command and Control Plan; 

19 ‘‘(ii) information for the previous 10 

20 years regarding the number and type of sei21 zures of drugs by each National Drug Con22 trol Program agency conducting drug inter23 diction activities, as well as statistical in24 formation on the geographic areas of such 

25 seizures; and 


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1 ‘‘(iii) information for the previous 10 

2 years regarding the number of air and mar3 itime patrol hours undertaken by each Na4 tional Drug Control Program agency con5 ducting drug interdiction activities, as well 

6 as statistical information on the geographic 

7 areas in which such patrol hours took place. 

8 ‘‘(E) TREATMENT OF CLASSIFIED OR LAW

9 ENFORCEMENT SENSITIVE INFORMATION.—Any 

10 content of the report described in subparagraph 

11 (D) that involves information classified under 

12 criteria established by an Executive order, or the 

13 public disclosure of which, as determined by the 

14 United States Interdiction Coordinator or the 

15 head of any relevant National Drug Control Pro16 gram agency, would be detrimental to the law 

17 enforcement or national security activities of any 

18 Federal, State, or local agency, shall be presented 

19 to Congress separately from the rest of the plan. 

20 ‘‘(b) INTERDICTION COMMITTEE.— 

21 ‘‘(1) IN GENERAL.—The Interdiction Committee 

22 shall meet to— 

23 ‘‘(A) discuss and resolve issues related to the 

24 coordination, oversight and integration of inter25 national, border, and domestic drug interdiction 


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1 efforts in support of the National Drug Control 

2 Strategy; 

3 ‘‘(B) review the annual National Interdic4 tion Command and Control Plan, and provide 

5 advice to the Director and the United States 

6 Interdiction Coordinator concerning that plan; 

7 and 

8 ‘‘(C) provide such other advice to the Direc9 tor concerning drug interdiction strategy and 

10 policies as the committee determines is appro11 priate. 

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

13 Interdiction Committee shall consist of— 

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

15 Customs and Border Protection at the Depart16 ment of Homeland Security; 

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

18 of Immigration and Customs Enforcement at the 

19 Department of Homeland Security; 

20 ‘‘(C) the Commandant of the United States 

21 Coast Guard; 

22 ‘‘(D) the Director of the Office of Counter23 narcotics Enforcement at the Department of 

24 Homeland Security; 


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1 ‘‘(E) the Administrator of the Drug En2 forcement Administration; 

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

4 International Narcotics and Law Enforcement 

5 Affairs; 

6 ‘‘(G) the Assistant Secretary of Defense for 

7 Special Operations and Low Intensity Conflict; 

8 ‘‘(H) the Deputy Director for Supply Re9 duction of the Office of National Drug Control 

10 Policy, acting in his role as the United States 

11 Interdiction Coordinator; 

12 ‘‘(I) the director of the Crime and Narcotics 

13 Center of the Central Intelligence Agency; 

14 ‘‘(J) the Deputy Director for State and 

15 Local Affairs of the Office of National Drug Con16 trol Policy; 

17 ‘‘(K) the Chief of the National Guard Bu18 reau’s Counterdrug Program; and 

19 ‘‘(L) such additional persons as may be de20 termined by the Director. 

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

22 one of the members of the Interdiction Committee to 

23 serve as chairman. 

24 ‘‘(4) MEETINGS.—The members of the Interdic25 tion Committee shall meet, in person and not through 


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1 any delegate or representative, at least once per cal2 endar year, prior to March 1. At the call of either the 

3 Director or the current chairman, the Interdiction 

4 Committee may hold additional meetings, which shall 

5 be attended by the members either in person, or 

6 through such delegates or representatives as they may 

7 choose. 

8 ‘‘(5) REPORT.—Not later than September 30 of 

9 each year, the chairman of the Interdiction Com10 mittee shall submit a report to the Director and to the 

11 appropriate congressional committees describing the 

12 results of the meetings and any significant findings 

13 of the Committee during the previous 12 months. Any 

14 content of such a report that involves information 

15 classified under criteria established by an Executive 

16 order, or whose public disclosure, as determined by 

17 the Director, the chairman, or any member, would be 

18 detrimental to the law enforcement or national secu19 rity activities of any Federal, State, or local agency, 

20 shall be presented to Congress separately from the rest 

21 of the report.’’. 

22 (b) CONFORMING AMENDMENT TO HOMELAND SECU23 RITY ACT OF 2002.—Section 878 of the Homeland Security 

24 Act of 2002 (6 U.S.C. 458) is amended— 


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1 (1) in subsection (c), by striking ‘‘Except as pro2 vided in subsection (d), the’’ and inserting ‘‘The’’; 

3 and 

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

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

6 (f), respectively. 

7 SEC. 14. AWARDS FOR DEMONSTRATION PROGRAMS BY 

8 LOCAL PARTNERSHIPS TO SHUT DOWN IL9 LICIT DRUG MARKET HOT-SPOTS BY DETER10 RING DRUG DEALERS OR ALTERING THE DY11 NAMIC OF DRUG SALES. 

12 Sections 713 and 714 (21 U.S.C. 1711) are redesig13 nated as sections 715 and 716, respectively, and after sec14 tion 712 (21 U.S.C. 1710) insert the following new section: 

15 ‘‘SEC. 713 AWARDS FOR DEMONSTRATION PROGRAMS BY 

16 LOCAL PARTNERSHIPS TO SHUT DOWN IL17 LICIT DRUG MARKET HOT-SPOTS BY DETER18 RING DRUG DEALERS OR ALTERING THE DY19 NAMIC OF DRUG SALES. 

20 ‘‘(a) AWARDS REQUIRED.—The Director shall make 

21 competitive awards for demonstration programs by eligible 

22 partnerships for the purpose of shutting down local illicit 

23 drug market hot-spots and reducing drug-related crime 

24 through evidence-based, strategic problem-solving intervenVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 E:\BILLS\H2829.RH H2829

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1 tions that deter drug dealers or alter the dynamic of drug 

2 sales. 

3 ‘‘(b) USE OF AWARD AMOUNTS.—Award amounts re4 ceived under this section shall be used— 

5 ‘‘(1) to support the efforts of the agencies, organi6 zations, and researchers included in the eligible part7 nership; 

8 ‘‘(2) to develop and field a directed and credible 

9 deterrent threat; and 

10 ‘‘(3) to strengthen rehabilitation efforts through 

11 such means as job training, drug treatment, or other 

12 services. 

13 ‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this sec14 tion, the term ‘eligible partnership’ means a working group 

15 whose application to the Director— 

16 ‘‘(1) identifies the roles played, and certifies the 

17 involvement of, three or more agencies or organiza18 tions, which may include— 

19 ‘‘(A) State or local agencies (such as those 

20 carrying out police, probation, prosecution, 

21 courts, corrections, parole, or treatment func22 tions); 

23 ‘‘(B) Federal agencies (such as the Drug 

24 Enforcement Agency, the Bureau of Alcohol, ToVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 E:\BILLS\H2829.RH H2829

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1 bacco, Firearms, and Explosives, and United 

2 States Attorney offices); and 

3 ‘‘(C) community-based organizations; 

4 ‘‘(2) includes a qualified researcher; 

5 ‘‘(3) includes a plan for identifying the impact 

6 players in, and assessing the nature and dynamic of, 

7 the local drug market and its related crime through 

8 information gathering and analysis; 

9 ‘‘(4) includes a plan for developing an evidence10 based strategic intervention aimed at quickly and 

11 sustainably eradicating the local drug market by de12 terring drug dealers or altering the dynamic of drug 

13 sales; and 

14 ‘‘(5) includes a plan that describes the method15 ology and outcome measures proposed for evaluating 

16 the impact of that strategic intervention on drug 

17 sales, neighborhood disorder, and crime. 

18 ‘‘(d) REPORTS TO CONGRESS.— 

19 ‘‘(1) INTERIM REPORT.—Not later than June 1, 

20 2009, the Director shall submit to Congress a report 

21 that identifies the best practices in drug market 

22 eradication, including the best practices identified 

23 through the activities funded under this section. 

24 ‘‘(2) FINAL REPORT.—Not later than June 1, 

25 2010, the Director shall submit to Congress a report 


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1 on the demonstration programs funded under this sec2 tion, including on the matters specified in paragraph 

3 (1). 

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $10,000,000 for each of fiscal years 2007 through 2009.’’. 

7 SEC. 15. AWARDS FOR DEMONSTRATION PROGRAMS BY 

8 LOCAL PARTNERSHIPS TO COERCE ABSTI9 NENCE IN CHRONIC HARD-DRUG USERS 

10 UNDER COMMUNITY SUPERVISION THROUGH 

11 THE USE OF DRUG TESTING AND SANCTIONS. 

12 After section 713, as inserted by section 14 of this Act, 

13 insert the following new section: 

14 ‘‘SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY 

15 LOCAL PARTNERSHIPS TO COERCE ABSTI16 NENCE IN CHRONIC HARD-DRUG USERS 

17 UNDER COMMUNITY SUPERVISION THROUGH 

18 THE USE OF DRUG TESTING AND SANCTIONS. 

19 ‘‘(a) AWARDS REQUIRED.—The Director shall make 

20 competitive awards to fund demonstration programs by eli21 gible partnerships for the purpose of reducing the use of 

22 illicit drugs by chronic hard-drug users living in the com23 munity while under the supervision of the criminal justice 

24 system. 


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1 ‘‘(b) USE OF AWARD AMOUNTS.—Award amounts re2 ceived under this section shall be used— 

3 ‘‘(1) to support the efforts of the agencies, organi4 zations, and researchers included in the eligible part5 nership; 

6 ‘‘(2) to develop and field a drug testing and 

7 graduated sanctions program for chronic hard-drug 

8 users living in the community under criminal justice 

9 supervision; and 

10 ‘‘(3) to assist individuals described in subsection 

11 (a) by strengthening rehabilitation efforts through 

12 such means as job training, drug treatment, or other 

13 services. 

14 ‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this sec15 tion, the term ‘eligible partnership’ means a working group 

16 whose application to the Director— 

17 ‘‘(1) identifies the roles played, and certifies the 

18 involvement of, two or more agencies or organiza19 tions, which may include— 

20 ‘‘(A) State or local agencies (such as those 

21 carrying out police, probation, prosecution, 

22 courts, corrections, parole, or treatment func23 tions); 

24 ‘‘(B) Federal agencies (such as the Drug 

25 Enforcement Agency, the Bureau of Alcohol, ToVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 E:\BILLS\H2829.RH H2829

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1 bacco, Firearms, and Explosives, and United 

2 States Attorney offices); and 

3 ‘‘(C) community-based organizations; 

4 ‘‘(2) includes a qualified researcher; 

5 ‘‘(3) includes a plan for using judicial or other 

6 criminal justice authority to administer drug tests to 

7 individuals described in subsection (a) at least twice 

8 a week, and to swiftly and certainly impose a known 

9 set of graduated sanctions for non-compliance with 

10 community-release provisions relating to drug absti11 nence (whether imposed as a pre-trial, probation, or 

12 parole condition or otherwise); 

13 ‘‘(4) includes a strategy for responding to a 

14 range of substance use and abuse problems and a 

15 range of criminal histories; 

16 ‘‘(5) includes a plan for integrating data infra17 structure among the agencies and organizations in18 cluded in the eligible partnership to enable seamless, 

19 real-time tracking of individuals described in sub20 section (a); 

21 ‘‘(6) includes a plan to monitor and measure the 

22 progress toward reducing the percentage of the popu23 lation of individuals described in subsection (a) who, 

24 upon being summoned for a drug test, either fail to 

25 show up or who test positive for drugs. 


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1 ‘‘(d) REPORTS TO CONGRESS.— 

2 ‘‘(1) INTERIM REPORT.—Not later than June 1, 

3 2009, the Director shall submit to Congress a report 

4 that identifies the best practices in reducing the use 

5 of illicit drugs by chronic hard-drug users, including 

6 the best practices identified through the activities 

7 funded under this section. 

8 ‘‘(2) FINAL REPORT.—Not later than June 1, 

9 2010, the Director shall submit to Congress a report 

10 on the demonstration programs funded under this sec11 tion, including on the matters specified in paragraph 

12 (1). 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $10,000,000 for each of fiscal years 2007 through 2009.’’. 

16 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

17 Section 716 (21 U.S.C. 1711), as redesignated by sec18 tion 14 of this Act, is amended— 

19 (1) by striking ‘‘title,’’ and inserting ‘‘title, ex20 cept activities for which amounts are otherwise spe21 cifically authorized by this title,’’; and 

22 (2) by striking ‘‘1999 through 2003’’ and insert23 ing ‘‘2007 through 2011’’. 


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1 SEC. 17. TECHNICAL AMENDMENTS AND REPEAL. 

2 (a) AMENDMENT TO PUBLIC HEALTH SERVICE ACT TO

3 REPLACE OBSOLETE REFERENCES.—Section 464P(c) of 

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

5 amended— 

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

7 1002 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 

8 1501)’’ and inserting ‘‘under section 703 of the Office 

9 of National Drug Control Policy Reauthorization Act 

10 of 1998 (21 U.S.C. 1702)’’; and 

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

12 1005 of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 

13 1504)’’ and inserting ‘‘under section 706 of the Office 

14 of National Drug Control Policy Reauthorization Act 

15 of 1998 (21 U.S.C. 1705)’’. 

16 (b) REPEAL OF SPECIAL FORFEITURE FUND.—Section 

17 6073 of the Asset Forfeiture Amendments Act of 1988 (21 

18 U.S.C. 1509) is repealed. 

19 SEC. 18. REQUIREMENT FOR DISCLOSURE OF FEDERAL 

20 SPONSORSHIP OF ALL FEDERAL ADVER21 TISING OR OTHER COMMUNICATION MATE22 RIALS. 

23 Section 712 is amended to read as follows: 


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1 ‘‘SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL 

2 SPONSORSHIP OF ALL FEDERAL ADVER3 TISING OR OTHER COMMUNICATION MATE4 RIALS. 

5 ‘‘(a) REQUIREMENT.—Each advertisement or other 

6 communication paid for by the Office, either directly or 

7 through a contract awarded by the Office, shall include a 

8 prominent notice informing the target audience that the ad9 vertisement or other communication is paid for by the Of10 fice. 

11 ‘‘(b) ADVERTISEMENT OR OTHER COMMUNICATION.— 

12 In this section, the term ‘advertisement or other commu13 nication’ includes— 

14 ‘‘(1) an advertisement disseminated in any form, 

15 including print or by any electronic means; and 

16 ‘‘(2) a communication by an individual in any 

17 form, including speech, print, or by any electronic 

18 means.’’. 

19 SEC. 19. POLICY RELATING TO SYRINGE EXCHANGE PRO20 GRAMS. 

21 Section 703(a) (21 U.S.C. 1702(a)) is amended by 

22 adding at the end the following: 

23 ‘‘When developing the national drug control policy, any pol24 icy of the Director relating to syringe exchange programs 

25 for intravenous drug users shall be based on the best avail26 able medical and scientific evidence regarding their effecVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 E:\BILLS\H2829.RH H2829

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1 tiveness in promoting individual health and preventing the 

2 spread of infectious disease, and their impact on drug ad3 diction and use. In making any policy relating to syringe 

4 exchange programs, the Director shall consult with the Na5 tional Institutes of Health and the National Academy of 

6 Sciences.’’. 


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Union Calendar No. 209 

109TH CONGRESS 

2D SESSION H. R. 2829 

[Report No. 109

–315, Parts I, II, and III] 

A BILL 

To reauthorize the Office of National Drug Control 

Policy Act. 

MARCH 3, 2006 

Reported from the Committee on Energy and Commerce 

with an amendment 

MARCH 3, 2006 

Reported from the Committee on the Judiciary with an 

amendment 

MARCH 3, 2006 

The Permanent Select Committee on Intelligence and the 

printed House on the State of the Union and ordered to be charged; committed to the Committee of the Whole Committee on Education and the Workforce disVerDate Aug 31 2005 23:52 Mar 03, 2006 Jkt 049200 PO 00000 Frm 00232 Fmt 6651 Sfmt 6651 E:\BILLS\H2829.RH H2829

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