IIB 

109TH CONGRESS 

2D SESSION H. R. 2829 

IN THE SENATE OF THE UNITED STATES 

MARCH 13, 2006 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Office of National Drug Control Policy Reauthorization 

4 Act 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. 

Sec. 20. International summit on methamphetamine threat. 

Sec. 21. Study on drug court hearings in nontraditional places. 

Sec. 22. Report on government-sponsored methamphetamine conference. 

Sec. 23. Study on prescription drugs associated with iatrogenic addiction. 

Sec. 24. Report on tribal government participation in HIDTA process. 

Sec. 25. National methamphetamine information clearinghouse. 

Sec. 26. Report on school drug testing. 

Sec. 27. Report on methamphetamine epidemic. 

Sec. 28. Report on ONDCP performance bonuses. 


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1 SEC. 2. AMENDMENT OF OFFICE OF NATIONAL DRUG CON2 TROL POLICY REAUTHORIZATION ACT OF 

3 1998. 

4 Except as otherwise expressly provided, whenever in 

5 this Act an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Office of National Drug 

9 Control Policy Reauthorization Act of 1998 (Public Law 

10 105–277; 21 U.S.C. 1701 et seq.). 

11 SEC. 3. REPEAL OF TERMINATION PROVISION. 

12 Section 715 (21 U.S.C. 1712) is repealed, and the 

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

14 SEC. 4. AMENDMENTS TO DEFINITIONS. 

15 (a) AMENDMENTS TO DEFINITIONS.—Section 702 

16 (21 U.S.C. 1701) is amended— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (F); 

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

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

22 testing of employees;’’; and 

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

24 ‘‘(H) interventions for drug abuse and de25 pendence; and 


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1 ‘‘(I) international drug control coordina2 tion and cooperation with respect to activities 

3 described in this paragraph.’’; 

4 (2) in paragraph (6), by adding before the pe5 riod at the end: ‘‘, including any activities involving 

6 supply reduction, demand reduction, or State and 

7 local affairs’’; 

8 (3) in paragraph (7)— 

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

10 ‘‘agency’’; 

11 (B) by striking ‘‘National Foreign Intel12 ligence Program,’’ and inserting ‘‘National In13 telligence Program,’’; and 

14 (C) by inserting a comma before ‘‘or Tac15 tical’’; 

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

17 and inserting ‘‘indicates’’; 

18 (5) in paragraph (10)— 

19 (A) by adding ‘‘National Drug Control 

20 Program agencies and’’ after ‘‘among’’ in sub21 paragraph (B); 

22 (B) by striking ‘‘and’’ at the end of sub23 paragraph (B); 


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

2 subparagraph (C) and inserting a semicolon; 

3 and 

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

5 ‘‘(D) domestic drug law enforcement, in6 cluding domestic drug interdiction and law en7 forcement directed at drug users; and 

8 ‘‘(E) coordination and enhancement of 

9 Federal, State, and local law enforcement initia10 tives to gather, analyze, and disseminate infor11 mation and intelligence relating to drug control 

12 among domestic law enforcement agencies.’’; 

13 (6) in paragraph (11)— 

14 (A) by inserting before the semicolon in 

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

16 ‘‘(i) law enforcement outside the 

17 United States; and 

18 ‘‘(ii) source country programs, includ19 ing economic development programs pri20 marily intended to reduce the production 

21 or trafficking of illicit drugs’’; 

22 (B) by striking subparagraph (B) and in23 serting the following: 

24 ‘‘(B) facilitating and enhancing the shar25 ing of foreign and domestic information and law 


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1 enforcement intelligence relating to drug pro2 duction and trafficking among National Drug 

3 Control Program agencies, and between those 

4 agencies and foreign law enforcement agencies; 

5 and’’; 

6 (C) by striking ‘‘; and’’ at the end of sub7 paragraph (C) and inserting a period; and 

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

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

10 ‘‘(12) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—Except where otherwise provided, the term 

12 ‘appropriate congressional committees’ means the 

13 Committee on the Judiciary, the Committee on Ap14 propriations, and the Caucus on International Nar15 cotics Control of the Senate and the Committee on 

16 Government Reform, the Committee on the Judici17 ary, and the Committee on Appropriations of the 

18 House of Representatives. 

19 ‘‘(13) LAW ENFORCEMENT.—The term ‘law en20 forcement’ or ‘drug law enforcement’ means all ef21 forts by a Federal, State, or local government agen22 cy to enforce the drug laws of the United States or 

23 any State, including investigation, arrest, prosecu24 tion, and incarceration or other punishments or pen25 alties.’’. 


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

2 (21 U.S.C. 1702(b)(3)) is amended— 

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

4 inserting ‘‘(I)’’; and 

5 (2) in subparagraph (C)— 

6 (A) by striking ‘‘through (C)’’ and insert7 ing ‘‘through (E)’’; 

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

9 section 702(11)’’; and 

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

11 the following: ‘‘, and sections 707 and 708 of 

12 this Act’’. 

13 SEC. 5. AMENDMENTS RELATING TO ESTABLISHMENT OF 

14 OFFICE OF NATIONAL DRUG CONTROL POL15 ICY AND DESIGNATION OF OFFICERS. 

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

17 703(a) (21 U.S.C. 1702(a)) is amended to read as follows: 

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

19 drug control policy and the National Drug Control 

20 Program agencies’ programs, by developing and ap21 plying specific goals and performance measure22 ments.’’. 

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

24 1702(b)) is amended in paragraph (1) by adding before 

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


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1 and status as the head of an executive department listed 

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

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

4 1702(b)) is amended in paragraph (3)— 

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

6 the following additional Deputy Directors—’’; and 

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

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

9 substantial experience and expertise in drug interdic10 tion operations and other supply reduction activities, 

11 and who shall serve as the United States Interdic12 tion Coordinator and’’. 

13 SEC. 6. AMENDMENTS RELATING TO APPOINTMENT AND 

14 DUTIES OF DIRECTOR AND DEPUTY DIREC15 TOR. 

16 (a) DESIGNATION OF OTHER OFFICERS.—Section 

17 704(a)(3) (21 U.S.C. 1703(a)(3)) is amended— 

18 (1) by striking ‘‘permanent employee’’ and in19 serting ‘‘officer or employee’’; and 

20 (2) by striking ‘‘serve as the Director’’ and in21 serting ‘‘serve as the acting Director’’. 

22 (b) RESPONSIBILITIES OF DIRECTOR.—Section 

23 704(b) (21 U.S.C. 1703(b)) is amended— 

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1 ment,’’ and inserting ‘‘National Drug Control Pro2 gram agencies,’’; 

3 (2) in paragraph (7), by inserting after ‘‘Presi4 dent’’ the following: ‘‘and the appropriate congres5 sional committees’’; 

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

7 in 1999)’’; 

8 (4) in paragraph (14)— 

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

10 that follows through ‘‘Senate’’ and inserting 

11 ‘‘appropriate congressional committees’’; and 

12 (B) by striking ‘‘and’’ after the semicolon 

13 at the end; 

14 (5) in paragraph (15), by striking subpara15 graph (C) and inserting the following: 

16 ‘‘(C) supporting the substance abuse infor17 mation clearinghouse administered by the Ad18 ministrator of the Substance Abuse and Mental 

19 Health Services Administration and established 

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

21 Service Act by— 

22 ‘‘(i) encouraging all National Drug 

23 Control Program agencies to provide all 

24 appropriate and relevant information; and 


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1 ‘‘(ii) supporting the dissemination of 

2 information to all interested entities;’’; and 

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

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

5 promote private research and development of medi6 cations to treat addiction; 

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

8 State and local officials in the formulation and im9 plementation of the National Drug Control Strategy; 

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

11 of resources among Federal law enforcement agen12 cies in response to significant local and regional 

13 drug trafficking and production threats; 

14 ‘‘(19) shall submit an annual report to Con15 gress detailing how the Office of National Drug 

16 Control Policy has consulted with and assisted State 

17 and local governments with respect to the formula18 tion and implementation of the National Drug Con19 trol Strategy and other relevant issues; and 

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

21 the enactment of the Office of National Drug Con22 trol Policy Reauthorization Act of 2005, report to 

23 Congress on the impact of each Federal drug reduc24 tion strategy upon the availability, addiction rate, 

25 use rate, and other harms of illegal drugs.’’. 


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1 (c) SUBMISSION OF DRUG CONTROL BUDGET RE2 QUESTS.—Section 704(c)(1) is amended by adding at the 

3 end the following: 

4 ‘‘(C) CONTENT OF DRUG CONTROL BUDG5 ET REQUESTS.—A drug control budget request 

6 submitted by a department, agency, or program 

7 under this paragraph shall include all requests 

8 for funds for any drug control activity under9 taken by that department, agency, or program, 

10 including demand reduction, supply reduction, 

11 and State and local affairs, including any drug 

12 law enforcement activities. If an activity has 

13 both drug control and nondrug control purposes 

14 or applications, the department, agency, or pro15 gram shall estimate by a documented calcula16 tion the total funds requested for that activity 

17 that would be used for drug control, and shall 

18 set forth in its request the basis and method for 

19 making the estimate.’’. 

20 (d) NATIONAL DRUG CONTROL BUDGET PRO21 POSAL.— 

22 (1) Section 704(c)(2) is amended by inserting 

23 ‘‘and the head of each major national organization 

24 that represents law enforcement officers, agencies, 

25 or associations’’ after ‘‘agency’’. 


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1 (2) Section 704(c)(2) is amended in subpara2 graph (A) by inserting before the semicolon: ‘‘and to 

3 inform Congress and the public about the total 

4 amount proposed to be spent on all supply reduction, 

5 demand reduction, State and local affairs, including 

6 any drug law enforcement, and other drug control 

7 activities by the Federal Government, which shall 

8 conform to the content requirements set forth in 

9 subparagraph (C) of paragraph (1) of this sub10 section’’. 

11 (e) REVIEW AND CERTIFICATION OF NATIONAL

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

13 (21 U.S.C. 1703(c)(3)) is amended— 

14 (1) by redesignating subparagraphs (C) and 

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

16 (2) by inserting after subparagraph (B) the fol17 lowing new subparagraph: 

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

19 shall not confirm the adequacy of any budget 

20 request that— 

21 ‘‘(i) requests funding for Federal law 

22 enforcement activities that do not ade23 quately compensate for transfers of drug 

24 enforcement resources and personnel to 

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1 ties not related to drug enforcement as de2 termined by the Director; 

3 ‘‘(ii) requests funding for law enforce4 ment activities on the borders of the 

5 United States that do not adequately di6 rect resources to drug interdiction and en7 forcement as determined by the Director; 

8 ‘‘(iii) requests funding for drug treat9 ment activities that do not provide ade10 quate result and accountability measures 

11 as determined by the Director; 

12 ‘‘(iv) requests funding for any activi13 ties of the Safe and Drug Free Schools 

14 Program that do not include a clear anti15 drug message or purpose intended to re16 duce drug use; 

17 ‘‘(v) requests funding for drug treat18 ment activities that do not adequately sup19 port and enhance Federal drug treatment 

20 programs and capacity, as determined by 

21 the Director; 

22 ‘‘(vi) requests funding for fiscal year 

23 2007 for activities of the Department of 

24 Education, unless it is accompanied by a 

25 report setting forth a plan for providing 


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1 expedited consideration of student loan ap2 plications for all individuals who submitted 

3 an application for any Federal grant, loan, 

4 or work assistance that was rejected or de5 nied pursuant to 484(r)(1) of the Higher 

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

7 1091(r)(1)) by reason of a conviction for a 

8 drug-related offense not occurring during a 

9 period of enrollment for which the indi10 vidual was receiving any Federal grant, 

11 loan, or work assistance; and 

12 ‘‘(vii) requests funding for the oper13 ations and management of the Department 

14 of Homeland Security that does not in15 clude a specific request for funds for the 

16 Office of Counternarcotics Enforcement to 

17 carry out its responsibilities under section 

18 878 of the Homeland Security Act of 2002 

19 (6 U.S.C. 458).’’; 

20 (3) in subparagraph (D)(iii), as so redesig21 nated, by inserting ‘‘and the appropriate congres22 sional committees’’ after ‘‘House of Representa23 tives’’; and 

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1 sional committees’’ after ‘‘House of Representa2 tives’’. 

3 (f) REPROGRAMMING AND TRANSFER REQUESTS.— 

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

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

7 U.S.C. 1703(d)) is amended— 

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

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

10 by law;’’; 

11 (2) in paragraph (9)— 

12 (A) by inserting ‘‘notwithstanding any 

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

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

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

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

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

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

23 paragraph: 

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

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1 ies of the report to the Secretary of State and the 

2 appropriate congressional committees, that— 

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

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

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

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

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

11 States or has taken adequate steps on its own 

12 to achieve full compliance with the goals and 

13 objectives established by the United Nations 

14 Convention Against Illicit Traffic in Narcotic 

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

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

19 whether application of procedures set forth in 

20 section 490 of the Foreign Assistance Act of 

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

22 706 of the Foreign Relations Authorization Act, 

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

25 assesses have not cooperated fully.’’. 


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1 (h) FUND CONTROL NOTICES.—Section 704(f) (21 

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

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

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

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

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

9 of an amount appropriated to the National Drug 

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

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

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

14 U.S.C. 1703) is amended— 

15 (1) by amending subsection (g) to read as fol16 lows: 

17 ‘‘(g) INAPPLICABILITY TO CERTAIN PROGRAMS.— 

18 The provisions of this section shall not apply to the Na19 tional Intelligence Program, the Joint Military Intelligence 

20 Program, and Tactical and Related Activities unless such 

21 program or an element of such program is designated as 

22 a National Drug Control Program— 

23 ‘‘(1) by the President; or 

24 ‘‘(2) jointly by— 


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1 ‘‘(A) in the case of the National Intel2 ligence Program, the Director and the Director 

3 of National Intelligence; or 

4 ‘‘(B) in the case of the Joint Military In5 telligence Program and Tactical and Related 

6 Activities, the Director, the Director of Na7 tional Intelligence, and the Secretary of De8 fense. ’’; and 

9 (2) by amending subsection (h) to read as fol10 lows: 

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

12 construed as derogating the authorities and responsibil13 ities of the Director of National Intelligence or the Direc14 tor of the Central Intelligence Agency contained in the Na15 tional Security Act of 1947 (50 U.S.C. 401 et seq.), the 

16 Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 

17 et seq.), or any other law.’’. 

18 (j) REQUIREMENT FOR SOUTH AMERICAN HEROIN

19 STRATEGY.— 

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

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

22 of National Drug Control Policy shall submit to the 

23 Congress a comprehensive strategy that addresses 

24 the increased threat from South American heroin, 

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1 ing threat from opium poppy grown in Peru and 

2 often intended for transit to Columbia for processing 

3 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 

7 from 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 govern13 ments to demobilize and provide alternative 

14 livelihoods to former members of insurgent or 

15 other groups engaged in heroin, coca, or other 

16 illicit drug production or trafficking; 

17 (E) efforts to inform and involve local citi18 zens in the programs described in subpara19 graphs (A) through (D), such as through leaf20 lets advertising 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 

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1 neously address the threat from South Amer2 ican heroin and the threat from Colombian and 

3 Peruvian coca. 

4 (3) TREATMENT OF CLASSIFIED OR LAW EN5 FORCEMENT SENSITIVE INFORMATION.—Any con6 tent of the strategy that involves information classi7 fied under criteria established by an Executive order, 

8 or whose public disclosure, as determined by the Di9 rector or the head of any relevant Federal agency, 

10 would be detrimental to the law enforcement or na11 tional security activities of any Federal, foreign, or 

12 international agency, shall be presented to Congress 

13 separately from the rest of the strategy. 

14 (k) REQUIREMENT FOR AFGHAN HEROIN STRAT15 EGY.— 

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

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

18 of the Office of National Drug Control Policy shall 

19 submit to the Congress a comprehensive strategy 

20 that addresses the increased threat from Afghan 

21 heroin. 

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

23 (A) opium crop eradication efforts to elimi24 nate the problem at the source to prevent her25 oin 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 

10 agencies, and between such agencies, agencies 

11 of foreign governments, and international orga12 nizations with responsibility for the prevention 

13 of heroin production in, or trafficking out of, 

14 Afghanistan; 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 con20 tent of the strategy that involves information classi21 fied under criteria established by an Executive order, 

22 or whose public disclosure, as determined by the Di23 rector or the head of any relevant Federal agency, 

24 would be detrimental to the law enforcement or na25 tional security activities of any Federal, foreign, or 


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1 international agency, shall be presented to Congress 

2 separately from the rest of the strategy. 

3 (l) REQUIREMENT FOR GENERAL COUNTERDRUG IN4 TELLIGENCE PLAN.— 

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

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

7 later than every two years thereafter, the Director of 

8 the Office of National Drug Control Policy, with the 

9 concurrence of the Director of National Intelligence, 

10 shall submit to the appropriate congressional com11 mittees, a general counterdrug intelligence plan to 

12 improve coordination, and eliminate unnecessary du13 plication, among the counterdrug intelligence centers 

14 and information sharing systems, and counterdrug 

15 activities of the Federal Government, including the 

16 centers, systems, and activities of the following de17 partments and 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 Secu2 rity, including the United States Coast Guard, 

3 the bureau of Customs and Border Protection, 

4 and the bureau of Immigration and Customs 

5 Enforcement. 

6 (F) The Department of Justice, including 

7 the National Drug Intelligence Center (NDIC); 

8 the Drug Enforcement Administration, includ9 ing the El Paso Intelligence Center (EPIC); the 

10 Federal 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 Execu17 tive 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 

21 in achieving the objectives of the National Drug 

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

23 1705. In order to maximize such effectiveness, the 

24 plan shall— 


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1 (A) articulate clear and specific mission 

2 statements (including purpose and scope of ac3 tivity) for each counterdrug intelligence center, 

4 system, and activity, including the manner in 

5 which responsibility for counterdrug intelligence 

6 activities will be allocated among the 

7 counterdrug intelligence centers and systems; 

8 (B) specify each government agency 

9 (whether Federal, State, or local) that partici10 pates in each such center, system, and activity, 

11 including a description of the extent and nature 

12 of that participation; 

13 (C) specify the relationship between such 

14 centers, systems, and activities; 

15 (D) specify the means by which proper 

16 oversight of such centers, systems, and activi17 ties will be assured; 

18 (E) specify the means by which 

19 counterdrug intelligence and information will be 

20 forwarded effectively to all levels of officials re21 sponsible for United States counterdrug policy; 

22 and 

23 (F) specify mechanisms to ensure that 

24 State and local law enforcement agencies are 

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1 mation acquired by Federal law enforcement 

2 agencies in a manner which— 

3 (i) facilitates effective counterdrug ac4 tivities by State and local law enforcement 

5 agencies; and 

6 (ii) provides such State and local law 

7 enforcement agencies with the information 

8 relating to the safety of officials involved 

9 in their counterdrug activities. 

10 (3) DEFINITIONS.—As used in this sub11 section— 

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

13 office, task force, or other coordinating organi14 zation engaged in counterdrug intelligence or 

15 information analyzing or sharing activities; 

16 (B) the term ‘‘system’’ refers to any com17 puterized database or other electronic system 

18 used for counterdrug intelligence or information 

19 analyzing or sharing activities; and 

20 (C) the term ‘‘appropriate congressional 

21 committees’’ means the following: 

22 (i) The Committee on Appropriations, 

23 the Committee on Foreign Relations, the 

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1 mental Affairs, the Caucus on Inter2 national Narcotics Control, and the Select 

3 Committee on Intelligence of the Senate. 

4 (ii) The Committee on Appropriations, 

5 the Committee on International Relations, 

6 the Committee on the Judiciary, the Com7 mittee on Government Reform, the Com8 mittee on Homeland Security, and the Per9 manent Select Committee on Intelligence 

10 of the House of Representatives. 

11 (4) LIMITATION.—The general counterdrug in12 telligence plan shall not— 

13 (A) change existing agency authorities or 

14 the laws governing interagency relationships, 

15 but may include recommendations about 

16 changes to such authorities or laws; or 

17 (B) include any information about specific 

18 methods of obtaining, or sources of, intelligence 

19 or information, or any information about spe20 cific individuals, cases, investigations, or oper21 ations. 

22 (5) CLASSIFIED OR LAW ENFORCEMENT SEN23 SITIVE INFORMATION.—Any content of the general 

24 counterdrug intelligence plan that involves informa25 tion classified under criteria established by an ExecVerDate Aug 31 2005 22:16 Mar 13, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2829.RFS H2829

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1 utive order, or whose public disclosure, as deter2 mined by the Director of the Office of National 

3 Drug Control Policy, the Director of National Intel4 ligence, or the head of any Federal Government 

5 agency whose activities are described in the plan, 

6 would be detrimental to the law enforcement or na7 tional security activities of any Federal, State, or 

8 local agency, shall be presented to Congress sepa9 rately from the rest of the report. 

10 (m) REQUIREMENT FOR SOUTHWEST BORDER

11 COUNTERNARCOTICS STRATEGY.— 

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

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

14 two years thereafter, the Director of National Drug 

15 Control Policy shall submit to the Congress a South16 west Border Counternarcotics Strategy. 

17 (2) PURPOSES.—The Southwest Border Coun18 ternarcotics Strategy shall— 

19 (A) set forth the Government’s strategy for 

20 preventing the illegal trafficking of drugs across 

21 the international border between the United 

22 States and Mexico, including through ports of 

23 entry and between ports of entry on that bor24 der; 


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1 (B) state the specific roles and responsibil2 ities of the relevant National Drug Control Pro3 gram agencies (as defined in section 702 of the 

4 Office of National Drug Control Policy Reau5 thorization Act of 1998 (21 U.S.C. 1701)) for 

6 implementing that strategy; and 

7 (C) identify the specific resources required 

8 to enable the relevant National Drug Control 

9 Program agencies to implement that strategy. 

10 (3) SPECIFIC CONTENT RELATED TO DRUG

11 TUNNELS BETWEEN THE UNITED STATES AND MEX12 ICO.—The Southwest Border Counternarcotics 

13 Strategy shall include— 

14 (A) a strategy to end the construction and 

15 use of tunnels and subterranean passages that 

16 cross the international border between the 

17 United States and Mexico for the purpose of il18 legal trafficking of drugs across such border; 

19 and 

20 (B) recommendations for criminal pen21 alties for persons who construct or use such a 

22 tunnel or subterranean passage for such a pur23 pose. 

24 (4) CONSULTATION WITH OTHER AGENCIES.— 

25 The Director shall issue the Southwest Border 


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1 Counternarcotics Strategy in consultation with the 

2 heads of the relevant National Drug Control Pro3 gram agencies. 

4 (5) LIMITATION.—The Southwest Border Coun5 ternarcotics Strategy shall not change existing agen6 cy authorities or the laws governing interagency re7 lationships, but may include recommendations about 

8 changes to such authorities or laws. 

9 (6) REPORT TO CONGRESS.—The Director shall 

10 provide a copy of the Southwest Border Counter11 narcotics Strategy to the appropriate congressional 

12 committees (as defined in section 702 of the Office 

13 of National Drug Control Policy Reauthorization Act 

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

15 on Armed Services and the Committee on Homeland 

16 Security of the House of Representatives, and the 

17 Committee on Homeland Security and Governmental 

18 Affairs and the Committee on Armed Services of the 

19 Senate. 

20 (7) TREATMENT OF CLASSIFIED OR LAW EN21 FORCEMENT SENSITIVE INFORMATION.—Any con22 tent of the Southwest Border Counternarcotics 

23 Strategy that involves information classified under 

24 criteria established by an Executive order, or whose 

25 public disclosure, as determined by the Director or 


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1 the head of any relevant National Drug Control Pro2 gram agency, would be detrimental to the law en3 forcement or national security activities of any Fed4 eral, State, or local agency, shall be presented to 

5 Congress separately from the rest of the strategy. 

6 (n) REQUIREMENT FOR SCIENTIFIC STUDY OF

7 MYCOHERBICIDE IN ILLICIT DRUG CROP ERADI8 CATION.—Not later than 90 days after the date of enact9 ment of this Act, the Director of the Office of National 

10 Drug Control Policy shall submit to the Congress a report 

11 that includes a plan to conduct, on an expedited basis, 

12 a scientific study of the use of mycoherbicide as a means 

13 of illicit drug crop elimination by an appropriate Govern14 ment scientific research entity, including a complete and 

15 thorough scientific peer review. The study shall include an 

16 evaluation of the likely human health and environmental 

17 impacts of such use. The report shall also include a plan 

18 to conduct controlled scientific testing in a major drug 

19 producing nation of mycoherbicide naturally existing in 

20 the producing nation. 

21 (o) STUDY OF PERSONS KIDNAPPED, KILLED, AND

22 MISSING ALONG THE BORDER BETWEEN THE UNITED

23 STATES AND MEXICO.— 

24 (1) IN GENERAL.—The Director of National 

25 Drug Control Policy shall study the specific impact 


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1 on citizens of the United States of violence related 

2 to drug-trafficking along the international border be3 tween the United States and Mexico. 

4 (2) REPORT.—Not later than 180 days after 

5 the date of the enactment of this Act, and annually 

6 thereafter, the Director of National Drug Control 

7 Policy shall submit to Congress a report, including 

8 recommendations on methods to solve the offenses 

9 described in such paragraph and to reduce the oc10 currence of such offenses. 

11 (3) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

13 this subsection $1,000,000 for each of fiscal years 

14 2007 through 2011. 

15 (p) REQUIREMENT FOR AN ASSESSMENT OF ILLICIT

16 DRUG AND ALCOHOL USE BY CHILDREN, AND APPRO17 PRIATE INTERVENTION METHODS.— 

18 (1) IN GENERAL.—The Director of National 

19 Drug Control Policy shall complete an assessment of 

20 report materials, studies, and statistics with respect 

21 to the 5-year period before the date of enactment of 

22 this Act, to determine the extent to which children 

23 who are 12 to 17 years of age— 

24 (A) experiment with and regularly use 

25 marijuana, alcohol, cigarettes, prescription 


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1 drugs without a prescription, designer drugs 

2 (such as ecstasy), and other illicit drugs (such 

3 as cocaine); and 

4 (B) have access to intervention services or 

5 programs, including drug testing, counseling, 

6 rehabilitation, legal representation, and other 

7 services or programs associated with prevention, 

8 treatment, and punishment of substance abuse. 

9 (2) ASSESSMENT PROCEDURE.—In completing 

10 the assessment under paragraph (1), the Director— 

11 (A) shall consider relevant public health 

12 and academic research materials and studies, 

13 and may also consider relevant statistics con14 cerning illicit drug and alcohol use, and crimi15 nal convictions related to such use; and 

16 (B) shall make findings, based on the in17 formation considered under subparagraph (A), 

18 regarding the nature and extent of illicit drug 

19 and alcohol use among children who are 12 to 

20 17 years of age, and the availability of prevent21 ative, intervention, and rehabilitation services 

22 and programs to such children. 

23 (3) REPORT TO CONGRESS.—Not later than 1 

24 year after the date of enactment of this Act, the Di25 rector shall submit a report to Congress regarding 


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1 the assessment under this subsection and the find2 ings under paragraph (2)(B). Such report shall in3 clude, with respect to children who are 12 to 17 

4 years of age, the following information: 

5 (A) Services and programs that have been 

6 effective in preventing such children from ex7 perimenting with and beginning the regular use 

8 of illicit drugs and alcohol. 

9 (B) The extent to which chronic drug and 

10 alcohol use occurs in such children. 

11 (C) The extent to which schools and other 

12 public institutions provide intervention for such 

13 children who are chronic users of illicit drugs 

14 and alcohol, the specific roles such schools and 

15 institutions play, and the extent to which such 

16 interventions are successful. 

17 (D) Additional resources schools and other 

18 public institutions need to provide successful 

19 intervention to such children, including funding. 

20 (E) The role of Federal agencies in pro21 viding intervention to such children who are 

22 chronic users of illicit drugs and alcohol, and 

23 the extent to which Federal agency intervention 

24 is successful. 


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1 (F) Additional resources Federal agencies 

2 need to provide successful intervention to such 

3 children, including funding. 

4 (G) The role of the Federal, State, and 

5 local criminal justice systems in providing inter6 vention to such children who are chronic users 

7 of illicit drugs and alcohol, and the extent to 

8 which criminal justice interventions are success9 ful. 

10 (q) MODEL STATE DRUG LAWS.— 

11 (1) IN GENERAL.—The Director of the Office of 

12 National Drug Control Policy shall provide for a cor13 poration that is described in section 501(c)(3) of the 

14 Internal Revenue Code of 1986 and exempt from tax 

15 under section 501(a) of such Code to— 

16 (A) advise States on establishing laws and 

17 policies to address alcohol and other drug 

18 issues, based on the model State drug laws de19 veloped by the President’s Commission on 

20 Model State Drug Laws in 1993; and 

21 (B) revise such model State drug laws and 

22 draft supplementary model State laws to take 

23 into consideration changes in the alcohol and 

24 drug abuse problems in the State involved. 


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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $1,500,000 for each of fiscal years 

4 2007 through 2011. 

5 (r) REQUIREMENT TO SUBMIT NATIONAL SYN6 THETIC DRUGS ACTION STRATEGY.—Not later than 120 

7 days after the date of the enactment of this Act, the Direc8 tor of National Drug Control Policy shall submit to Con9 gress the National Synthetic Drugs Action Strategy out10 lined in the National Synthetic Drugs Action Plan sub11 mitted by the Director in October 2004. 

12 (s) REQUIREMENT FOR STUDY OF STATE PRE13 CURSOR CHEMICAL CONTROL LAWS.— 

14 (1) STUDY.—The Director of National Drug 

15 Control Policy shall conduct a study of State laws 

16 with respect to precursor chemical controls. 

17 (2) REPORT.—Not later than six months after 

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

19 of National Drug Control Policy shall submit a re20 port to Congress on the results of the study under 

21 paragraph (1), including— 

22 (A) a comparison of the State laws studied 

23 and the effectiveness of each such law; and 

24 (B) a list of best practices observed with 

25 respect to such laws. 


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1 (t) REQUIREMENT FOR STUDY OF DRUG ENDAN2 GERED CHILDREN PROGRAMS.— 

3 (1) STUDY.—The Director of National Drug 

4 Control Policy shall conduct a study of methamphet5 amine-related activities that are conducted by dif6 ferent Drug Endangered Children programs admin7 istered by States. 

8 (2) REPORT.—Not later than six months after 

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

10 of National Drug Control Policy shall submit to 

11 Congress a report on the results of the study under 

12 paragraph (1). Such report shall include— 

13 (A) an analysis of the best practices of the 

14 activities studied; and 

15 (B) recommendations for establishing a 

16 national policy to address drug endangered chil17 dren, based on the Drug Endangered Children 

18 programs administered by States. 

19 (3) DEFINITIONS.—In this subsection— 

20 (A) the term ‘‘methamphetamine-related 

21 activity’’ means any activity related to the pro22 duction, use, or effects of methamphetamine; 

23 and 

24 (B) the term ‘‘drug endangered children’’ 

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1 tional health are at risk because of the produc2 tion, use, or effects of methamphetamine by an3 other person. 

4 (u) REQUIREMENT FOR METHAMPHETAMINE STRAT5 EGY.— 

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

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

8 of the Office of National Drug Control Policy shall 

9 submit to Congress a comprehensive strategy that 

10 addresses the increased threat from methamphet11 amine. 

12 (2) MATTERS COVERED.—The strategy shall in13 clude— 

14 (A) interdiction and precursor chemical 

15 controls; 

16 (B) demand reduction and treatment; 

17 (C) alternative development programs; 

18 (D) efforts to prevent the diversion of pre19 cursor chemicals on an international level; and 

20 (E) an assessment of the specific level of 

21 funding and resources necessary to significantly 

22 to reduce the production and trafficking of 

23 methamphetamine. 

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1 tent of the strategy that involves information classi2 fied under criteria established by an Executive order, 

3 or whose public disclosure, as determined by the Di4 rector or the head of any relevant Federal agency, 

5 would be detrimental to the law enforcement or na6 tional security activities of any Federal, foreign, or 

7 international agency, shall be presented to Congress 

8 separately from the rest of the strategy. 

9 SEC. 7. AMENDMENTS RELATING TO COORDINATION WITH 

10 OTHER AGENCIES. 

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

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

13 ‘‘abuse’’; 

14 (2) in subsection (a)(2)(A), by striking ‘‘Direc15 tor of Central Intelligence’’ and inserting ‘‘Director 

16 of National Intelligence’’; 

17 (3) in subsection (a)(2)(B), by striking ‘‘Direc18 tor of Central Intelligence’’ and inserting ‘‘Director 

19 of National Intelligence and the Director of the Cen20 tral Intelligence Agency’’; 

21 (4) by amending paragraph (3) of subsection 

22 (a) to read as follows: 

23 ‘‘(3) REQUIRED REPORTS.— 

24 ‘‘(A) SECRETARIES OF THE INTERIOR AND

25 AGRICULTURE.—The Secretaries of Agriculture 


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1 and Interior shall, by July 1 of each year, joint2 ly submit to the Director, the appropriate con3 gressional committees, the Committee on Agri4 culture and the Committee on Resources of the 

5 House of Representatives, and the Committee 

6 on Agriculture and the Committee on Energy 

7 and Natural Resources of the Senate, an as8 sessment of the quantity of illegal drug cultiva9 tion and manufacturing in the United States on 

10 lands owned or under the jurisdiction of the 

11 Federal Government for the preceding year. 

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

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

14 the Director and the appropriate congressional 

15 committees information for the preceding year 

16 regarding the number and type of— 

17 ‘‘(i) arrests for drug violations; 

18 ‘‘(ii) prosecutions for drug violations 

19 by United States Attorneys; and 

20 ‘‘(iii) seizures of drugs by each com21 ponent of the Department of Justice seiz22 ing drugs, as well as statistical information 

23 on the geographic areas of such seizures. 

24 ‘‘(C) SECRETARY OF HOMELAND SECU25 RITY.—The Secretary of Homeland Security 


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1 shall, by July 1 of each year, submit to the Di2 rector, the appropriate congressional commit3 tees, and the Committee on Homeland Security 

4 of the House of Representatives, and the Com5 mittee on Homeland Security and Govern6 mental Affairs of the Senate, information for 

7 the preceding year regarding— 

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

9 of drugs by each component of the Depart10 ment of Homeland Security seizing drugs, 

11 as well as statistical information on the ge12 ographic areas of such seizures; and 

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

14 patrol hours undertaken by each compo15 nent of that Department primarily dedi16 cated to drug supply reduction missions. 

17 ‘‘(D) SECRETARY OF DEFENSE.—The Sec18 retary of Defense shall, by July 1 of each year, 

19 submit to the Director, the appropriate congres20 sional committees, the Committee on Armed 

21 Services of the House of Representatives, and 

22 the Committee on Armed Services of the Sen23 ate, information for the preceding year regard24 ing the number of air and maritime patrol 

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1 tion missions undertaken by each component of 

2 the Department of Defense.’’; 

3 (5) in subsection (b)(2)(B), by striking ‘‘Pro4 gram.’’ and inserting ‘‘Strategy.’’; and 

5 (6) in subsection (c), by striking ‘‘in’’ and in6 serting ‘‘on’’. 

7 SEC. 8. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, 

8 AND ASSESSMENT OF NATIONAL DRUG CON9 TROL STRATEGY. 

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

11 follows: 

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

13 AND ASSESSMENT OF NATIONAL DRUG CON14 TROL STRATEGY. 

15 ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVEL16 OPMENT AND SUBMISSION OF NATIONAL DRUG CONTROL

17 STRATEGY.— 

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

19 of each year, the President shall submit to Congress 

20 a National Drug Control Strategy, which shall set 

21 forth a comprehensive plan for reducing illicit drug 

22 use and the consequences of illicit drug use in the 

23 United States by reducing the demand for illegal 

24 drugs, limiting the availability of illegal drugs, and 


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1 conducting law enforcement activities with respect to 

2 illegal drugs. 

3 ‘‘(2) CONTENTS.— 

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

5 Control Strategy submitted under paragraph 

6 (1) shall include the following: 

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

8 long-range, and quantifiable goals for re9 ducing illicit drug use and the con10 sequences of illicit drug use in the United 

11 States. 

12 ‘‘(ii) Annual quantifiable objectives for 

13 demand reduction, supply reduction, and 

14 law enforcement activities, specific targets 

15 to accomplish long-range quantifiable re16 duction in illicit drug use as determined by 

17 the Director, and specific measurements to 

18 evaluate progress toward the targets and 

19 strategic goals. 

20 ‘‘(iii) A strategy to reduce the avail21 ability and purity of illegal drugs and the 

22 level of drug-related crime in the United 

23 States. 

24 ‘‘(iv) An assessment of Federal effec25 tiveness in achieving the National Drug 


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1 Control Strategy for the previous year, in2 cluding a specific evaluation of whether the 

3 objectives and targets for reducing illicit 

4 drug use for the previous year were met 

5 and reasons for the success or failure of 

6 the previous year’s Strategy. 

7 ‘‘(v) A general review of the status of, 

8 and trends in, international, State, and 

9 local drug control activities to ensure that 

10 the United States pursues well-coordinated 

11 and effective drug control at all levels of 

12 government. 

13 ‘‘(vi) A general review of the status 

14 of, and trends in, demand reduction activi15 ties by private sector entities and commu16 nity-based organizations, including faith17 based organizations, to determine their ef18 fectiveness and the extent of cooperation, 

19 coordination, and mutual support between 

20 such entities and organizations and Fed21 eral, State, and local government agencies. 

22 ‘‘(vii) An assessment of current illicit 

23 drug use (including inhalants and steroids) 

24 and availability, impact of illicit drug use, 


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1 and treatment availability, which assess2 ment shall include— 

3 ‘‘(I) estimates of drug prevalence 

4 and frequency of use as measured by 

5 national, State, and local surveys of il6 licit drug use and by other special 

7 studies of nondependent and depend8 ent illicit drug use; 

9 ‘‘(II) illicit drug use in the work10 place and the productivity lost by such 

11 use; and 

12 ‘‘(III) illicit drug use by 

13 arrestees, probationers, and parolees. 

14 ‘‘(viii) An assessment of the reduction 

15 of illicit drug availability, as measured 

16 by— 

17 ‘‘(I) the quantities of cocaine, 

18 heroin, marijuana, methamphetamine, 

19 ecstasy, and other drugs available for 

20 consumption in the United States; 

21 ‘‘(II) the amount of marijuana, 

22 cocaine, heroin, methamphetamine, ec23 stasy, and precursor chemicals and 

24 other drugs entering the United 

25 States; 


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1 ‘‘(III) the number of illicit drug 

2 manufacturing laboratories seized and 

3 destroyed and the number of hectares 

4 of marijuana, poppy, and coca cul5 tivated and destroyed domestically 

6 and in other countries; 

7 ‘‘(IV) the number of metric tons 

8 of marijuana, heroin, cocaine, and 

9 methamphetamine seized and other 

10 drugs; and 

11 ‘‘(V) changes in the price and 

12 purity of heroin, methamphetamine, 

13 and cocaine, changes in the price of 

14 ecstasy, and changes in 

15 tetrahydrocannabinol level of mari16 juana and other drugs. 

17 ‘‘(ix) An assessment of the reduction 

18 of the consequences of illicit drug use and 

19 availability, which shall include— 

20 ‘‘(I) the burden illicit drug users 

21 place on hospital emergency depart22 ments in the United States, such as 

23 the quantity of illicit drug-related 

24 services provided; 


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1 ‘‘(II) the annual national health 

2 care cost of illicit drug use; 

3 ‘‘(III) the extent of illicit drug4 related crime and criminal activity; 

5 and 

6 ‘‘(IV) the effect of illicit drug use 

7 on children of substance abusers. 

8 ‘‘(x) A general review of the status of, 

9 and trends in, of drug treatment in the 

10 United States, by assessing— 

11 ‘‘(I) public and private treatment 

12 utilization; and 

13 ‘‘(II) the number of illicit drug 

14 users the Director estimates meet di15 agnostic criteria for treatment. 

16 ‘‘(xi) A review of the research agenda 

17 of the Counterdrug Technology Assessment 

18 Center to reduce the availability and abuse 

19 of drugs. 

20 ‘‘(xii) A summary of the efforts made 

21 by Federal agencies to coordinate with pri22 vate sector entities to conduct private re23 search and development of medications to 

24 treat addiction by— 


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1 ‘‘(I) screening chemicals for po2 tential therapeutic value; 

3 ‘‘(II) developing promising com4 pounds; 

5 ‘‘(III) conducting clinical trials; 

6 ‘‘(IV) seeking, where appropriate, 

7 Food and Drug Administration ap8 proval for drugs to treat addiction; 

9 ‘‘(V) marketing, where appro10 priate, the drug for the treatment of 

11 addiction; 

12 ‘‘(VI) urging physicians, where 

13 appropriate, to use the drug in the 

14 treatment of addiction; and 

15 ‘‘(VII) encouraging, where appro16 priate, insurance companies to reim17 burse the cost of the drug for the 

18 treatment of addiction. 

19 ‘‘(xiii) Such additional statistical data 

20 and information as the Director considers 

21 appropriate to demonstrate and assess 

22 trends relating to illicit drug use, the ef23 fects and consequences of illicit drug use 

24 (including the effects on children of sub25 stance abusers), supply reduction, demand 


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1 reduction, drug-related law enforcement, 

2 and the implementation of the National 

3 Drug Control Strategy. 

4 ‘‘(xiv) A supplement reviewing the ac5 tivities of each individual National Drug 

6 Control Program agency during the pre7 vious year with respect to the National 

8 Drug Control Strategy and the Director’s 

9 assessment of the progress of each Na10 tional Drug Control Program agency in 

11 meeting its responsibilities under the Na12 tional Drug Control Strategy. 

13 ‘‘(B) CLASSIFIED INFORMATION.—Any 

14 contents of the National Drug Control Strategy 

15 that involve information properly classified 

16 under criteria established by an Executive order 

17 shall be presented to Congress separately from 

18 the rest of the National Drug Control Strategy. 

19 ‘‘(C) SELECTION OF DATA AND INFORMA20 TION.—In selecting data and information for 

21 inclusion under subparagraph (A), the Director 

22 shall ensure— 

23 ‘‘(i) the inclusion of data and informa24 tion that will permit analysis of current 

25 trends against previously compiled data 


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1 and information where the Director be2 lieves such analysis enhances long-term as3 sessment of the National Drug Control 

4 Strategy; and 

5 ‘‘(ii) the inclusion of data and infor6 mation to permit a standardized and uni7 form assessment of the effectiveness of 

8 drug treatment programs in the United 

9 States. 

10 ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB11 MISSION.— 

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

13 effectively implementing the National Drug 

14 Control Strategy, the Director— 

15 ‘‘(i) shall consult with— 

16 ‘‘(I) the heads of the National 

17 Drug Control Program agencies; 

18 ‘‘(II) Congress; 

19 ‘‘(III) State and local officials; 

20 ‘‘(IV) private citizens and organi21 zations, including community- and 

22 faith-based organizations, with experi23 ence and expertise in demand reduc24 tion; 


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1 ‘‘(V) private citizens and organi2 zations with experience and expertise 

3 in supply reduction; 

4 ‘‘(VI) private citizens and organi5 zations with experience and expertise 

6 in law enforcement; and 

7 ‘‘(VII) appropriate representa8 tives of foreign governments; 

9 ‘‘(ii) with the concurrence of the At10 torney General, may require the El Paso 

11 Intelligence Center to undertake specific 

12 tasks or projects to implement the Na13 tional Drug Control Strategy; 

14 ‘‘(iii) with the concurrence of the Di15 rector of National Intelligence and the At16 torney General, may request that the Na17 tional Drug Intelligence Center undertake 

18 specific tasks or projects to implement the 

19 National Drug Control Strategy; and 

20 ‘‘(iv) may make recommendations to 

21 the Secretary of Health and Human Serv22 ices on research that supports or advances 

23 the National Drug Control Strategy. 

24 ‘‘(B) COMMITMENT TO SUPPORT STRAT25 EGY.—In satisfying the requirements of subVerDate Aug 31 2005 22:16 Mar 13, 2006 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2829.RFS H2829

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1 paragraph (A)(i), the Director shall ensure, to 

2 the maximum extent possible, that State and 

3 local officials and relevant private organizations 

4 commit to support and take steps to achieve the 

5 goals and objectives of the National Drug Con6 trol Strategy. 

7 ‘‘(C) RECOMMENDATIONS.—Recommenda8 tions under subparagraph (A)(iv) may include 

9 recommendations of research to be performed 

10 at the National Institutes of Health, including 

11 the National Institute on Drug Abuse, or any 

12 other appropriate agency within the Depart13 ment of Health and Human Services. 

14 ‘‘(D) INCLUSION IN STRATEGY.—The Na15 tional Drug Control Strategy under this sub16 section shall include a list of each entity con17 sulted under subparagraph (A)(i). 

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

19 President may submit to Congress a revised Na20 tional Drug Control Strategy that meets the require21 ments of this section— 

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

23 the President, in consultation with the Director, 

24 that the National Drug Control Strategy in ef25 fect is not sufficiently effective; or 


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

2 office. 

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

4 later than February 1 of each year, the Director shall sub5 mit to Congress, as part of the National Drug Control 

6 Strategy, a description of a national drug control perform7 ance measurement system that— 

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

9 measures and targets for each National Drug Con10 trol Strategy goal and objective established for re11 ducing drug use, drug availability, and the con12 sequences of drug use; 

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

14 data that will be used for each performance measure 

15 incorporated into the performance measurement sys16 tem; 

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

18 the National Drug Control Program agencies that 

19 support the goals and annual objectives of the Na20 tional Drug Control Strategy; 

21 ‘‘(4) evaluates the contribution of demand re22 duction and supply reduction activities implemented 

23 by each National Drug Control Program agency in 

24 support of the National Drug Control Strategy; 


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

2 and objectives among the National Drug Control 

3 Program agencies and ensures that each agency’s 

4 goals, objectives, and budgets support and are fully 

5 consistent with the National Drug Control Strategy; 

6 and 

7 ‘‘(6) coordinates the development and imple8 mentation of national drug control data collection 

9 and reporting systems to support policy formulation 

10 and performance measurement, including an assess11 ment of— 

12 ‘‘(A) the quality of current drug use meas13 urement instruments and techniques to measure 

14 supply reduction and demand reduction activi15 ties; 

16 ‘‘(B) the adequacy of the coverage of exist17 ing national drug use measurement instruments 

18 and techniques to measure the illicit drug user 

19 population, and groups that are at risk for il20 licit drug use; and 

21 ‘‘(C) the adequacy of the coverage of exist22 ing national treatment outcome monitoring sys23 tems to measure the effectiveness of drug abuse 

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1 nal behavior during and after the completion of 

2 substance abuse treatment; and 

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

4 take to correct any inadequacies, deficiencies, or lim5 itations identified in the assessment described in 

6 paragraph (6). 

7 ‘‘(c) MODIFICATIONS.—A description of any modi8 fications made during the preceding year to the national 

9 drug performance measurement system described in sub10 section (b) shall be included in each report submitted 

11 under subsection (a).’’. 

12 SEC. 9. HIGH INTENSITY DRUG TRAFFICKING AREAS PRO13 GRAM. 

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

15 follows: 

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

17 PROGRAM. 

18 ‘‘(a) ESTABLISHMENT.— 

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

20 Office a program to be known as the High Intensity 

21 Drug Trafficking Areas Program (in this section re22 ferred to as the ‘Program’). 

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

24 is to reduce drug trafficking and drug production in 

25 the United States by— 


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1 ‘‘(A) facilitating cooperation among Fed2 eral, State, and local law enforcement agencies 

3 to share information and implement coordinated 

4 enforcement activities; 

5 ‘‘(B) enhancing intelligence sharing among 

6 Federal, State, and local law enforcement agen7 cies; 

8 ‘‘(C) providing reliable intelligence to law 

9 enforcement agencies needed to design effective 

10 enforcement strategies and operations; and 

11 ‘‘(D) supporting coordinated law enforce12 ment strategies which maximize use of available 

13 resources to reduce the supply of illegal drugs 

14 in designated areas and in the United States as 

15 a whole. 

16 ‘‘(b) DESIGNATION.—The Director, upon consulta17 tion with the Attorney General, the Secretary of the 

18 Treasury, the Secretary of Homeland Security, heads of 

19 the National Drug Control Program agencies, and the 

20 Governor of each applicable State, may designate any 

21 specified area of the United States as a high intensity 

22 drug trafficking area. After making such a designation 

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

24 designated, the Director may— 


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

2 the Program; 

3 ‘‘(2) direct the temporary reassignment of Fed4 eral personnel to such area, subject to the approval 

5 of the head of the department or agency that em6 ploys such personnel; 

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

8 section 704 to provide increased Federal assistance 

9 to those areas; and 

10 ‘‘(4) coordinate activities under this section 

11 (specifically administrative, recordkeeping, and funds 

12 management activities) with State and local officials. 

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

14 shall establish regulations under which a coalition of inter15 ested law enforcement agencies from an area may petition 

16 for designation as a high intensity drug trafficking area. 

17 Such regulations shall provide for a regular review by the 

18 Director of the petition, including a recommendation re19 garding the merit of the petition to the Director by a panel 

20 of qualified, independent experts. 

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

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

23 intensity drug trafficking area, the Director shall consider, 

24 in addition to such other criteria as the Director considers 

25 to be appropriate, the extent to which— 


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

2 drug production, manufacturing, importation, or dis3 tribution; 

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

5 have committed resources to respond to the drug 

6 trafficking problem in the area, thereby indicating a 

7 determination to respond aggressively to the prob8 lem; 

9 ‘‘(3) drug-related activities in the area are hav10 ing a significant harmful impact in the area, and in 

11 other areas of the country; and 

12 ‘‘(4) a significant increase in allocation of Fed13 eral resources is necessary to respond adequately to 

14 drug-related activities in the area. 

15 ‘‘(e) ORGANIZATION OF HIGH INTENSITY DRUG

16 TRAFFICKING AREAS.— 

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

18 be eligible for funds appropriated under this section, 

19 each high intensity drug trafficking area shall be 

20 governed by an Executive Board. The Executive 

21 Board shall designate a chairman, vice chairman, 

22 and any other officers to the Executive Board that 

23 it determines are necessary. 


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

2 of a high intensity drug trafficking area shall be re3 sponsible for— 

4 ‘‘(A) providing direction and oversight in 

5 establishing and achieving the goals of the high 

6 intensity drug trafficking area; 

7 ‘‘(B) managing the funds of the high in8 tensity drug trafficking area; 

9 ‘‘(C) reviewing and approving all funding 

10 proposals consistent with the overall objective of 

11 the high intensity drug trafficking area; and 

12 ‘‘(D) reviewing and approving all reports 

13 to the Director on the activities of the high in14 tensity drug trafficking area. 

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

16 funds appropriated under this section may be ex17 pended for any high intensity drug trafficking area, 

18 or for a partnership or region of a high intensity 

19 drug trafficking area, if that area’s, region’s or part20 nership’s Executive Board does not apportion an 

21 equal number of votes between representatives of 

22 participating Federal agencies and representatives of 

23 participating State and local agencies. Where it is 

24 impractical for a equal number of representatives of 

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1 tend a meeting of an Executive Board in person, the 

2 Executive Board may use a system of proxy votes or 

3 weighted votes to achieve the voting balance required 

4 by this paragraph. 

5 ‘‘(4) NO AGENCY RELATIONSHIP.—The eligi6 bility requirements of this section are intended to 

7 ensure the responsible use of Federal funds. Nothing 

8 in this section is intended to create an agency rela9 tionship between individual high intensity drug traf10 ficking areas and the Federal Government. 

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

12 no Federal funds appropriated for the Program are ex13 pended for the establishment or expansion of drug treat14 ment programs, and shall ensure that not more than five 

15 percent of the Federal funds appropriated for the Pro16 gram are expended for the establishment of drug preven17 tion programs. 

18 ‘‘(g) COUNTERTERRORISM ACTIVITIES.— 

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

20 may authorize use of resources available for the Pro21 gram to assist Federal, State, and local law enforce22 ment agencies in investigations and activities related 

23 to terrorism and prevention of terrorism, especially 

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1 tions and activities that are also related to drug 

2 trafficking. 

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

4 ‘‘(A) that assistance provided under para5 graph (1) remains incidental to the purpose of 

6 the Program to reduce drug availability and 

7 carry out drug-related law enforcement activi8 ties; and 

9 ‘‘(B) that significant resources of the Pro10 gram are not redirected to activities exclusively 

11 related to terrorism, except on a temporary 

12 basis under extraordinary circumstances, as de13 termined by the Director. 

14 ‘‘(h) ROLE OF DRUG ENFORCEMENT ADMINISTRA15 TION.—The Director, in consultation with the Attorney 

16 General, shall ensure that a representative of the Drug 

17 Enforcement Administration is included in the Intelligence 

18 Support Center for each high intensity drug trafficking 

19 area. 

20 ‘‘(i) ANNUAL HIDTA PROGRAM BUDGET SUBMIS21 SIONS.—As part of the documentation that supports the 

22 President’s annual budget request for the Office, the Di23 rector shall submit to Congress a budget justification that 

24 includes the following: 


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

3 descriptions and rationale for each request. 

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

5 request that explains the reasons for the requested 

6 funding level, how such funding level was determined 

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

9 area, how such funding will ensure that the goals 

10 and objectives of each such area will be achieved, 

11 and how such funding supports the National Drug 

12 Control Strategy. 

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

14 ‘‘(1) IN GENERAL.—Subject to the availability 

15 of appropriations, the Director may expend up to 10 

16 percent of the amounts appropriated under this sec17 tion on a discretionary basis, to respond to any 

18 emerging drug trafficking threat in an existing high 

19 intensity drug trafficking area, or to establish a new 

20 high intensity drug trafficking area or expand an ex21 isting high intensity drug trafficking area, in accord22 ance with the criteria established under paragraph 

23 (2). 


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1 ‘‘(2) CONSIDERATION OF IMPACT.—In allo2 cating funds under this subsection, the Director 

3 shall consider— 

4 ‘‘(A) the impact of activities funded on re5 ducing overall drug traffic in the United States, 

6 or minimizing the probability that an emerging 

7 drug trafficking threat will spread to other 

8 areas of the United States; and 

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

10 considers appropriate. 

11 ‘‘(k) EVALUATION.— 

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

13 after the date of the enactment of this subsection, 

14 the Director shall, after consulting with the Execu15 tive Boards of each designated high intensity drug 

16 trafficking area, submit a report to Congress that 

17 describes, for each designated high intensity drug 

18 trafficking area— 

19 ‘‘(A) the specific purposes for the high in20 tensity drug trafficking area; 

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

22 goals and objectives for the high intensity drug 

23 trafficking area; 

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

25 evaluate the performance of the high intensity 


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1 drug trafficking area in achieving the long-term 

2 and short-term goals; and 

3 ‘‘(D) the reporting requirements needed to 

4 evaluate the performance of the high intensity 

5 drug trafficking area in achieving the long-term 

6 and short-term goals. 

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

8 OF NATIONAL DRUG CONTROL STRATEGY.—For each 

9 designated high intensity drug trafficking area, the 

10 Director shall submit, as part of the annual National 

11 Drug Control Strategy report, a report that— 

12 ‘‘(A) describes— 

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

14 intensity drug trafficking area; and 

15 ‘‘(ii) the specific long-term and short16 term goals and objectives for the high in17 tensity drug trafficking area; and 

18 ‘‘(B) includes an evaluation of the per19 formance of the high intensity drug trafficking 

20 area in accomplishing the specific long-term 

21 and short-term goals and objectives identified 

22 under paragraph (1)(B). 

23 ‘‘(l) ASSESSMENT OF DRUG ENFORCEMENT TASK

24 FORCES IN HIGH INTENSITY DRUG TRAFFICKING

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1 ment of this subsection, and as part of each subsequent 

2 annual National Drug Control Strategy report, the Direc3 tor shall submit to Congress a report— 

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

5 federally funded drug enforcement task forces within 

6 each high intensity drug trafficking area; and 

7 ‘‘(2) describing— 

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

9 enforcement task force operating in the high in10 tensity drug trafficking area; 

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

12 each other, with any high intensity drug traf13 ficking area task force, and with investigations 

14 receiving funds from the Organized Crime and 

15 Drug Enforcement Task Force; 

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

17 force takes to share information regarding drug 

18 trafficking and drug production with other fed19 erally funded drug enforcement task forces in 

20 the high intensity drug trafficking area; 

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

22 trafficking area in coordinating the sharing of 

23 such information among task forces; 

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

25 by each Federal, State, and local participant in 


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1 ensuring that such information is shared among 

2 law enforcement agencies and with the high in3 tensity drug trafficking area; 

4 ‘‘(F) the nature and extent to which infor5 mation sharing and enforcement activities are 

6 coordinated with joint terrorism task forces in 

7 the high intensity drug trafficking area; and 

8 ‘‘(G) any recommendations for measures 

9 needed to ensure that task force resources are 

10 utilized efficiently and effectively to reduce the 

11 availability of illegal drugs in the high intensity 

12 drug trafficking areas. 

13 ‘‘(m) ASSESSMENT OF INTELLIGENCE SHARING IN

14 HIGH INTENSITY DRUG TRAFFICKING AREAS—PRO15 GRAM.—Not later than 180 days after the date of the en16 actment of this subsection, and as part of each subsequent 

17 annual National Drug Control Strategy report, the Direc18 tor, in consultation with the Director of National Intel19 ligence, shall submit to Congress a report— 

20 ‘‘(1) evaluating existing and planned intel21 ligence systems supported by each high intensity 

22 drug trafficking area, or utilized by task forces re23 ceiving any funding under the Program, including 

24 the extent to which such systems ensure access and 

25 availability of intelligence to Federal, State, and 


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1 local law enforcement agencies within the high inten2 sity drug trafficking area and outside of it; 

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

4 local law enforcement agencies participating in each 

5 high intensity drug trafficking area are sharing in6 telligence information to assess current drug traf7 ficking threats and design appropriate enforcement 

8 strategies; and 

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

10 sharing of information and intelligence regarding 

11 drug trafficking and drug production among Fed12 eral, State, and local law enforcement participating 

13 in a high intensity drug trafficking area, and be14 tween such agencies and similar agencies outside the 

15 high intensity drug trafficking area. 

16 ‘‘(n) COORDINATION OF INTELLIGENCE SHARING

17 WITH ORGANIZED CRIME DRUG ENFORCEMENT TASK

18 FORCE PROGRAM.—The Director, in consultation with the 

19 Attorney General, shall ensure that any drug enforcement 

20 intelligence obtained by the Intelligence Support Center 

21 for each high intensity drug trafficking area is shared, on 

22 a timely basis, with the drug intelligence fusion center op23 erated by the Organized Crime Drug Enforcement Task 

24 Force of the Department of Justice. 


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1 ‘‘(o) USE OF FUNDS TO COMBAT METHAMPHET2 AMINE TRAFFICKING.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) REQUIREMENT.—The Director shall 

5 ensure that, of the amounts appropriated for a 

6 fiscal year for the Program, at least 

7 $15,000,000 is allocated to combat the traf8 ficking of methamphetamine in areas des9 ignated by the Director as high intensity drug 

10 trafficking areas. 

11 ‘‘(B) ACTIVITIES.—In meeting the require12 ment in subparagraph (A), the Director shall 

13 transfer funds to appropriate Federal, State, 

14 and local governmental agencies for employing 

15 additional Federal law enforcement personnel, 

16 or facilitating the employment of additional 

17 State and local law enforcement personnel, in18 cluding agents, investigators, prosecutors, lab19 oratory technicians, chemists, investigative as20 sistants, and drug prevention specialists. 

21 ‘‘(2) APPORTIONMENT OF FUNDS.— 

22 ‘‘(A) FACTORS IN APPORTIONMENT.—The 

23 Director shall apportion amounts allocated 

24 under paragraph (1) among areas designated by 


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1 the Director as high intensity drug trafficking 

2 areas based on the following factors: 

3 ‘‘(i) The number of methamphetamine 

4 manufacturing facilities discovered by Fed5 eral, State, or local law enforcement offi6 cials in the area during the previous fiscal 

7 year. 

8 ‘‘(ii) The number of methamphet9 amine prosecutions in Federal, State, or 

10 local courts in the area during the previous 

11 fiscal year. 

12 ‘‘(iii) The number of methamphet13 amine arrests by Federal, State, or local 

14 law enforcement officials in the area dur15 ing the previous fiscal year. 

16 ‘‘(iv) The amounts of methamphet17 amine or listed chemicals (as that term is 

18 defined in section 102(33) of the Con19 trolled Substances Act (21 U.S.C. 

20 802(33)) seized by Federal, State, or local 

21 law enforcement officials in the area dur22 ing the previous fiscal year. 

23 ‘‘(v) Intelligence and predictive data 

24 from the Drug Enforcement Administra25 tion showing patterns and trends in abuse, 


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1 trafficking, and transportation in meth2 amphetamine and listed chemicals (as that 

3 term is so defined). 

4 ‘‘(B) CERTIFICATION.—Before the Direc5 tor apportions any funds under this paragraph 

6 to a high intensity drug trafficking area, the 

7 Director shall certify that the law enforcement 

8 entities responsible for clandestine methamphet9 amine laboratory seizures in that area are pro10 viding laboratory seizure data to the national 

11 clandestine laboratory database at the El Paso 

12 Intelligence Center. 

13 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There 

14 is authorized to be appropriated to the Office of National 

15 Drug Control Policy to carry out this section— 

16 ‘‘(1) $280,000,000 for fiscal year 2007; 

17 ‘‘(2) $290,000,000 for each of fiscal years 2008 

18 and 2009; and 

19 ‘‘(3) $300,000,000 for each of fiscal years 2010 

20 and 2011.’’. 

21 SEC. 10. FUNDING FOR CERTAIN HIGH INTENSITY DRUG 

22 TRAFFICKING AREAS. 

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

24 ‘‘Dawson Family Community Protection Act’’. 

25 (b) FINDINGS.—Congress finds the following: 


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

2 2002, the home of Carnell and Angela Dawson was 

3 firebombed in apparent retaliation for Mrs. 

4 Dawson’s notification of police about persistent drug 

5 distribution activity in their East Baltimore City 

6 neighborhood. 

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

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

9 (3) The horrific murder of the Dawson family 

10 is a stark example of domestic narco-terrorism. 

11 (4) In all phases of counter-narcotics law en12 forcement—from prevention to investigation to pros13 ecution to reentry—the voluntary cooperation of or14 dinary citizens is a critical component. 

15 (5) Voluntary cooperation is difficult for law en16 forcement officials to obtain when citizens feel that 

17 cooperation carries the risk of violent retaliation by 

18 illegal drug trafficking organizations and their affili19 ates. 

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 

23 who may be subject to intimidation or reprisal (or 

24 both). 


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1 (7) Witness protection programs are insufficient 

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

4 distressed neighborhoods livable for their children, 

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

9 critical to preserving and strengthening the social 

10 fabric in such communities. 

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

12 City) interstate trafficking of illegal drugs has severe 

13 ancillary local consequences within areas designated 

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

19 and encouraging their cooperation with local, State, 

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

22 (c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG

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

24 amended by section 9, is further amended by adding at 

25 the end the following new subsection: 


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1 ‘‘(q) SPECIFIC PURPOSES.— 

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

3 that, of the amounts appropriated for a fiscal year 

4 for the Program, at least $7,000,000 is used in high 

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

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

9 paragraph (1) shall be used— 

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

11 and the protection of communities, including 

12 the prevention of the intimidation of potential 

13 witnesses of illegal drug distribution and related 

14 activities; and 

15 ‘‘(B) to combat illegal drug trafficking 

16 through such methods as the Director considers 

17 appropriate, such as establishing or operating 

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

19 the public to provide information about illegal 

20 drug-related activities.’’. 

21 SEC. 11. AMENDMENTS RELATING TO COUNTER-DRUG 

22 TECHNOLOGY ASSESSMENT CENTER. 

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

24 1707(b)) is amended— 


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

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

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

5 inserting ‘‘Chief Scientist,’’. 

6 (b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.— 

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

8 as follows: 

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

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

12 through the Chief Scientist shall— 

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

16 enforcement agencies relating to drug enforce17 ment, including— 

18 ‘‘(i) advanced surveillance, tracking, 

19 and radar imaging; 

20 ‘‘(ii) electronic support measures; 

21 ‘‘(iii) communications; 

22 ‘‘(iv) data fusion, advanced computer 

23 systems, and artificial intelligence; and 


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1 ‘‘(v) chemical, biological, radiological 

2 (including neutron, electron, and graviton), 

3 and other means of detection; 

4 ‘‘(B) identify demand reduction (including 

5 drug prevention) basic and applied research 

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

9 ‘‘(i) improving treatment through 

10 neuroscientific advances; 

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

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

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

18 addiction and rehabilitation research and 

19 the application of technology to expanding 

20 the effectiveness or availability of drug 

21 treatment; 

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

23 identified in subparagraphs (A) and (B) accord24 ing to fiscal and technological feasibility, as 


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1 part of a National Counterdrug Research and 

2 Development Program; 

3 ‘‘(D) oversee and coordinate counterdrug 

4 technology initiatives with related activities of 

5 other Federal civilian and military departments; 

6 ‘‘(E) provide support to the development 

7 and implementation of the national drug control 

8 performance measurement system established 

9 under subsection (b) of section 706; 

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

11 from State and local law enforcement agencies, 

12 oversee and coordinate a technology transfer 

13 program for the transfer of technology to State 

14 and local law enforcement agencies; and 

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

17 section 704, submit requests to Congress for 

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

20 development. 

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

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

24 shall give priority, in transferring technology 


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

2 criteria: 

3 ‘‘(i) the need of potential recipients 

4 for such technology; 

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

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

10 technology. 

11 ‘‘(B) INTERDICTION AND BORDER DRUG

12 LAW ENFORCEMENT TECHNOLOGIES.—The 

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

15 interdiction and border drug law enforcement, 

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

18 border areas with significant traffic in illicit 

19 drugs. 

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

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

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

25 year, the Director shall submit a report to the apVerDate Aug 31 2005 22:16 Mar 13, 2006 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H2829.RFS H2829

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1 propriate congressional committees that addresses 

2 the following: 

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

6 technology requested. 

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

10 technology transferred. 

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

12 making the determination on what requests 

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

15 specific information on any individual requests. 

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

17 needs of the program, based on expected 

18 changes in threats, expected technologies, and 

19 likely need from potential recipients. 

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

21 the technologies transferred, based in part on 

22 the evaluations provided by the recipients, with 

23 a recommendation whether the technology 

24 should continue to be offered through the pro25 gram.’’. 


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1 (c) ASSISTANCE FROM SECRETARY OF HOMELAND

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

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

5 SEC. 12. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

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

7 amended to read as follows: 

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

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

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

12 with this section for the purposes of— 

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

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

17 ‘‘(3) encouraging parents and other interested 

18 adults to discuss with young people the dangers of 

19 illegal drug use. 

20 ‘‘(b) USE OF FUNDS.— 

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

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


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

2 space, including the strategic planning for, and 

3 accounting of, such purchases. 

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

5 with paragraph (2)(A). 

6 ‘‘(C) Advertising production costs. 

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

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

9 national media campaign. 

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

11 bidder on requests for proposals issued either 

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

14 section. 

15 ‘‘(G) Partnerships with professional and 

16 civic groups, community-based organizations, 

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

19 media campaign. 

20 ‘‘(H) Entertainment industry outreach, 

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

23 and corporate sponsorship and participation. 

24 ‘‘(I) Operational and management ex25 penses. 


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1 ‘‘(2) SPECIFIC REQUIREMENTS.— 

2 ‘‘(A) CREATIVE SERVICES.— 

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

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

5 Director shall use creative services donated 

6 at no cost to the Government (including 

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

9 feasible and may only procure creative 

10 services for advertising— 

11 ‘‘(I) responding to high-priority 

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

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

16 that cannot reasonably be obtained at 

17 no cost; or 

18 ‘‘(III) the Director determines 

19 that the Partnership for a Drug-Free 

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

22 ‘‘(ii) Subject to the availability of ap23 propriations, no more than $1,500,000 

24 may be expended under this section each 

25 fiscal year on creative services, except that 


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1 the Director may expend up to $2,000,000 

2 in a fiscal year on creative services to meet 

3 urgent needs of the national media cam4 paign with advance approval from the 

5 Committee on Appropriations of the House 

6 of Representatives and of the Senate upon 

7 a showing of the circumstances causing 

8 such urgent needs of the national media 

9 campaign. 

10 ‘‘(B) TESTING AND EVALUATION OF AD11 VERTISING.—In using amounts for testing and 

12 evaluation of advertising under paragraph 

13 (1)(D), the Director shall test all advertise14 ments prior to use in the national media cam15 paign to ensure that the advertisements are ef16 fective and meet industry-accepted standards. 

17 The Director may waive this requirement for 

18 advertisements using no more than 10 percent 

19 of the purchase of advertising time purchased 

20 under this section in a fiscal year and no more 

21 than 10 percent of the advertising space pur22 chased under this section in a fiscal year, if the 

23 advertisements respond to emergent and time24 sensitive campaign needs or the advertisements 


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1 will not be widely utilized in the national media 

2 campaign. 

3 ‘‘(C) EVALUATION OF EFFECTIVENESS OF

4 MEDIA CAMPAIGN.—In using amounts for the 

5 evaluation of the effectiveness of the national 

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

7 Director shall— 

8 ‘‘(i) designate an independent entity 

9 to evaluate annually the effectiveness of 

10 the national media campaign based on 

11 data from— 

12 ‘‘(I) the Monitoring the Future 

13 Study published by the Department of 

14 Health and Human Services; 

15 ‘‘(II) the Attitude Tracking 

16 Study published by the Partnership 

17 for a Drug Free America; 

18 ‘‘(III) the National Household 

19 Survey on Drug Abuse; and 

20 ‘‘(IV) other relevant studies or 

21 publications, as determined by the Di22 rector, including tracking and evalua23 tion data collected according to mar24 keting and advertising industry stand25 ards; and 


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1 ‘‘(ii) ensure that the effectiveness of 

2 the national media campaign is evaluated 

3 in a manner that enables consideration of 

4 whether the national media campaign has 

5 contributed to reduction of illicit drug use 

6 among youth and such other measures of 

7 evaluation as the Director determines are 

8 appropriate. 

9 ‘‘(3) PURCHASE OF ADVERTISING TIME AND

10 SPACE.—Subject to the availability of appropria11 tions, for each fiscal year, not less than 77 percent 

12 of the amounts appropriated under this section shall 

13 be used for the purchase of advertising time and 

14 space for the national media campaign, subject to 

15 the following exceptions: 

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

17 $125,000,000 is appropriated for the national 

18 media campaign, not less than 82 percent of 

19 the amounts appropriated under this section 

20 shall be used for the purchase of advertising 

21 time and space for the national media cam22 paign. 

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

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

25 section, not less than 72 percent shall be used 


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1 for advertising production costs and the pur2 chase of advertising time and space for the na3 tional media campaign. 

4 ‘‘(c) ADVERTISING.—In carrying out this section, the 

5 Director shall ensure that sufficient funds are allocated 

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

7 ‘‘(d) DIVISION OF RESPONSIBILITIES AND FUNC8 TIONS UNDER THE PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Director, in consulta10 tion with the Partnership for a Drug-Free America, 

11 shall determine the overall purposes and strategy of 

12 the national media campaign. 

13 ‘‘(2) RESPONSIBILITIES.— 

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

15 responsible for implementing a focused national 

16 media campaign to meet the purposes set forth 

17 in subsection (a), and shall approve— 

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

19 campaign; 

20 ‘‘(ii) all advertising and promotional 

21 material used in the national media cam22 paign; and 

23 ‘‘(iii) the plan for the purchase of ad24 vertising time and space for the national 

25 media campaign. 


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1 ‘‘(B) THE PARTNERSHIP FOR A DRUG2 FREE AMERICA.—The Director shall request 

3 that the Partnership for a Drug-Free Amer4 ica— 

5 ‘‘(i) develop and recommend strategies 

6 to achieve the goals of the national media 

7 campaign, including addressing national 

8 and local drug threats in specific regions 

9 or States, such as methamphetamine and 

10 ecstasy; 

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

12 in the national media campaign, except ad13 vertisements that are— 

14 ‘‘(I) provided by other nonprofit 

15 entities pursuant to subsection (f); 

16 ‘‘(II) intended to respond to 

17 high-priority or emergent campaign 

18 needs that cannot timely be obtained 

19 at no cost (not including production 

20 costs and talent reuse payments), pro21 vided that any such advertising mate22 rial is reviewed by the Partnership for 

23 a Drug-Free America; 

24 ‘‘(III) intended to reach a minor25 ity, ethnic, or other special audience 


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1 that cannot be obtained at no cost 

2 (not including production costs and 

3 talent reuse payments), provided that 

4 any such advertising material is re5 viewed by the Partnership for a Drug6 Free America; or 

7 ‘‘(IV) any other advertisements 

8 that the Director determines that the 

9 Partnership for a Drug-Free America 

10 is unable to provide. 

11 ‘‘(C) MEDIA BUYING CONTRACTOR.—The 

12 Director shall enter into a contract with a 

13 media buying contractor to plan and purchase 

14 advertising time and space for the national 

15 media campaign. The media buying contractor 

16 shall not provide any other service or material, 

17 or conduct any other function or activity which 

18 the Director determines should be provided by 

19 the Partnership for a Drug-Free America. 

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

21 available under subsection (b) may be obligated or ex22 pended for any of the following: 

23 ‘‘(1) To supplant current antidrug community24 based coalitions. 


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

2 donated by national and local broadcasting networks 

3 for other public service campaigns. 

4 ‘‘(3) For partisan political purposes, or express 

5 advocacy in support of or to defeat any clearly iden6 tified candidate, clearly identified ballot initiative, or 

7 clearly identified legislative or regulatory proposal. 

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

9 elected officials, persons seeking elected office, cabi10 net level officials, or other Federal officials employed 

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

12 Code of Federal Regulations. 

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

14 a primary message intended to reduce or prevent il15 licit drug use. 

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

17 message intended to promote support for the media 

18 campaign or private sector contributions to the 

19 media campaign. 

20 ‘‘(f) MATCHING REQUIREMENT.— 

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

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

23 be matched by an equal amount of non-Federal 

24 funds for the national media campaign, or be 


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1 matched with in-kind contributions of the same 

2 value. 

3 ‘‘(2) NO-COST MATCH ADVERTISING DIRECT RE4 LATIONSHIP REQUIREMENT.—The Director shall en5 sure that at least 70 percent of no-cost match adver6 tising provided directly relates to substance abuse 

7 prevention consistent with the specific purposes of 

8 the national media campaign, except that in any fis9 cal year in which less than $125,000,000 is appro10 priated to the national media campaign, the Director 

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

12 match advertising directly relates to substance abuse 

13 prevention consistent with the specific purposes of 

14 the national media campaign. 

15 ‘‘(3) NO-COST MATCH ADVERTISING NOT DI16 RECTLY RELATED.—The Director shall ensure that 

17 no-cost match advertising that does not directly re18 late to substance abuse prevention consistent with 

19 the purposes of the national media campaign in20 cludes a clear antidrug message. Such message is 

21 not required to be the primary message of the match 

22 advertising. 

23 ‘‘(g) FINANCIAL AND PERFORMANCE ACCOUNT24 ABILITY.—The Director shall cause to be performed— 


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

2 media campaign pursuant to section 304C of the 

3 Federal Property and Administrative Services Act of 

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

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

6 the national media campaign are allowable under 

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

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

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

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

13 campaign were accomplished; 

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

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

17 and focus of the national media campaign; 

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

19 space; 

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

23 potential for waste, fraud, and abuse; and 


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

3 the national media campaign. 

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

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

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

7 includes specific information on, prevention or treatment 

8 resources for consumers within specific local areas. 

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

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

12 ‘‘(A) 60 percent of adolescent admissions 

13 for drug treatment are based on marijuana use. 

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

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

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

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

22 use hard drugs. 

23 ‘‘(D) Contemporary research has dem24 onstrated clear detrimental effects in adolescent 


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1 educational achievement resulting from mari2 juana use. 

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

5 brain development resulting from marijuana 

6 use. 

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

8 year drive while under the influence of illegal 

9 drugs, including marijuana. 

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

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

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

14 four times more likely to have a teen pregnancy 

15 than teens who have not. 

16 ‘‘(I) Federal law enforcement agencies 

17 have identified clear links suggesting that trade 

18 in hydroponic marijuana facilitates trade by 

19 criminal organizations in hard drugs, including 

20 heroin. 

21 ‘‘(J) Federal law enforcement agencies 

22 have identified possible links between trade in 

23 cannabis products and financing for terrorist 

24 organizations. 


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1 ‘‘(2) EMPHASIS ON PREVENTION OF YOUTH

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

4 Director may emphasize prevention of youth mari5 juana use. 

6 ‘‘(k) PREVENTION OF METHAMPHETAMINE ABUSE

7 AND OTHER EMERGING DRUG ABUSE THREATS.— 

8 ‘‘(1) REQUIREMENT TO USE 10 PERCENT OF

9 FUNDS FOR METHAMPHETAMINE ABUSE PREVEN10 TION.—The Director shall ensure that, of the 

11 amounts appropriated under this section for the na12 tional media campaign for a fiscal year, not less 

13 than 10 percent shall be expended solely for— 

14 ‘‘(A) the activities described subsection 

15 (b)(1) with respect to advertisements specifi16 cally intended to reduce the use of methamphet17 amine; and 

18 ‘‘(B) grants under paragraph (2). 

19 ‘‘(2) GRANT AUTHORITY.—The Director may 

20 award grants to private entities for purposes of 

21 methamphetamine media projects. Any such 

22 project— 

23 ‘‘(A) shall have as its goal the significant 

24 reduction of the prevalence of first-time meth25 amphetamine use among young people; and 


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1 ‘‘(B) shall focus solely on the prevention of 

2 methamphetamine use, through, at a minimum, 

3 public service messages that are based on re4 search showing what is effective in substantially 

5 reducing such use among young people, includ6 ing public service messages in both print and 

7 electronic media and on websites. 

8 ‘‘(3) AUTHORITY TO USE FUNDS FOR OTHER

9 DRUG ABUSE UPON CERTIFICATION THAT METH10 AMPHETAMINE ABUSE FELL DURING FISCAL YEAR

11 2007.—With respect to fiscal year 2008 and any fis12 cal year thereafter, if the Director certifies in writ13 ing to Congress that domestic methamphetamine 

14 laboratory seizures (as reported to the El Paso Intel15 ligence Center of the Drug Enforcement Administra16 tion) decreased by at least 75 percent from the 2006 

17 level, the Director may apply paragraph (1)(A) for 

18 that fiscal year with respect to advertisements spe19 cifically intended to reduce the use of such other 

20 drugs as the Director considers appropriate. 

21 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the Office to carry out 

23 this section, $195,000,000 for each of fiscal years 2007 

24 and 2008 and $210,000,000 for each of fiscal years 2009 

25 through 2011.’’. 


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1 (b) REPEAL OF SUPERSEDED PROVISIONS.—The 

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

3 et seq.) is repealed. 

4 SEC. 13. DRUG INTERDICTION. 

5 (a) IN GENERAL.—Subsections (a) and (b) of section 

6 711 (21 U.S.C. 1710) are amended to read as follows: 

7 ‘‘(a) UNITED STATES INTERDICTION COORDI8 NATOR.— 

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

10 Supply Reduction in the Office shall serve as the 

11 United States Interdiction Coordinator, and shall 

12 perform the duties of that position described in 

13 paragraph (2) and such other duties as may be de14 termined by the Director with respect to coordina15 tion of efforts to interdict illicit drugs from entering 

16 the United States. 

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

18 Interdiction Coordinator shall be responsible to the 

19 Director for— 

20 ‘‘(A) coordinating the interdiction activities 

21 of the National Drug Control Program agencies 

22 to ensure consistency with the National Drug 

23 Control Strategy; 

24 ‘‘(B) on behalf of the Director, developing 

25 and issuing, on or before March 1 of each year 


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1 and in accordance with paragraph (3), a Na2 tional Interdiction Command and Control Plan 

3 to ensure the coordination and consistency de4 scribed in subparagraph (A); 

5 ‘‘(C) assessing the sufficiency of assets 

6 committed to illicit drug interdiction by the rel7 evant National Drug Control Program agencies; 

8 and 

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

10 of each National Drug Control Program agency 

11 to implement the National Interdiction Com12 mand and Control Plan. 

13 ‘‘(3) STAFF.—The Director shall assign such 

14 permanent staff of the Office as he considers appro15 priate to assist the United States Interdiction Coor16 dinator to carry out the responsibilities described in 

17 paragraph (2), and may also, at his discretion, re18 quest that appropriate National Drug Control Pro19 gram agencies detail or assign staff to the Office of 

20 Supply Reduction for that purpose. 

21 ‘‘(4) NATIONAL INTERDICTION COMMAND AND

22 CONTROL PLAN.— 

23 ‘‘(A) PURPOSES.—The National Interdic24 tion Command and Control Plan shall— 


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1 ‘‘(i) set forth the Government’s strat2 egy for drug interdiction; 

3 ‘‘(ii) state the specific roles and re4 sponsibilities of the relevant National Drug 

5 Control Program agencies for imple6 menting that strategy; and 

7 ‘‘(iii) identify the specific resources re8 quired to enable the relevant National 

9 Drug Control Program agencies to imple10 ment that strategy. 

11 ‘‘(B) CONSULTATION WITH OTHER AGEN12 CIES.—The United States Interdiction Coordi13 nator shall issue the National Interdiction Com14 mand and Control Plan in consultation with the 

15 other members of the Interdiction Committee 

16 described in subsection (b). 

17 ‘‘(C) LIMITATION.—The National Interdic18 tion Command and Control Plan shall not 

19 change existing agency authorities or the laws 

20 governing interagency relationships, but may in21 clude recommendations about changes to such 

22 authorities or laws. 

23 ‘‘(D) REPORT TO CONGRESS.—On or be24 fore March 1 of each year, the United States 

25 Interdiction Coordinator shall provide a report 


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1 on behalf of the Director to the appropriate 

2 congressional committees, to the Committee on 

3 Armed Services and the Committee on Home4 land Security of the House of Representatives, 

5 and to the Committee on Homeland Security 

6 and Governmental Affairs and the Committee 

7 on Armed Services of the Senate, which shall 

8 include— 

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

10 Interdiction Command and Control Plan; 

11 ‘‘(ii) information for the previous 10 

12 years regarding the number and type of 

13 seizures of drugs by each National Drug 

14 Control Program agency conducting drug 

15 interdiction activities, as well as statistical 

16 information on the geographic areas of 

17 such seizures; and 

18 ‘‘(iii) information for the previous 10 

19 years regarding the number of air and 

20 maritime patrol hours undertaken by each 

21 National Drug Control Program agency 

22 conducting drug interdiction activities, as 

23 well as statistical information on the geo24 graphic areas in which such patrol hours 

25 took place. 


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1 ‘‘(E) TREATMENT OF CLASSIFIED OR LAW

2 ENFORCEMENT SENSITIVE INFORMATION.—Any 

3 content of the report described in subparagraph 

4 (D) that involves information classified under 

5 criteria established by an Executive order, or 

6 the public disclosure of which, as determined by 

7 the Director, the Director of National Intel8 ligence, or the head of any Federal Government 

9 agency the activities of which are described in 

10 the plan, would be detrimental to the law en11 forcement or national security activities of any 

12 Federal, State, or local agency, shall be pre13 sented to Congress separately from the rest of 

14 the report. 

15 ‘‘(b) INTERDICTION COMMITTEE.— 

16 ‘‘(1) IN GENERAL.—The Interdiction Com17 mittee shall meet to— 

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

19 the coordination, oversight and integration of 

20 international, border, and domestic drug inter21 diction efforts in support of the National Drug 

22 Control Strategy; 

23 ‘‘(B) review the annual National Interdic24 tion Command and Control Plan, and provide 

25 advice to the Director and the United States 


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1 Interdiction Coordinator concerning that plan; 

2 and 

3 ‘‘(C) provide such other advice to the Di4 rector concerning drug interdiction strategy and 

5 policies as the committee determines is appro6 priate. 

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

8 Interdiction Committee shall consist of— 

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

10 Customs and Border Protection at the Depart11 ment of Homeland Security; 

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

13 of Immigration and Customs Enforcement at 

14 the Department of Homeland Security; 

15 ‘‘(C) the Commandant of the United 

16 States Coast Guard; 

17 ‘‘(D) the Director of the Office of Counter18 narcotics Enforcement at the Department of 

19 Homeland Security; 

20 ‘‘(E) the Administrator of the Drug En21 forcement Administration; 

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

23 International Narcotics and Law Enforcement 

24 Affairs; 


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1 ‘‘(G) the Assistant Secretary of Defense 

2 for Special Operations and Low Intensity Con3 flict; 

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

6 Policy, acting in his role as the United States 

7 Interdiction Coordinator; 

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

11 ‘‘(J) the Deputy Director for State and 

12 Local Affairs of the Office of National Drug 

13 Control Policy; 

14 ‘‘(K) the Chief of the National Guard Bu15 reau’s Counterdrug Program; and 

16 ‘‘(L) such additional persons as may be de17 termined by the Director. 

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

19 one of the members of the Interdiction Committee to 

20 serve as chairman. 

21 ‘‘(4) MEETINGS.—The members of the Interdic22 tion Committee shall meet, in person and not 

23 through any delegate or representative, at least once 

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

25 either the Director or the current chairman, the 


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1 Interdiction Committee may hold additional meet2 ings, which shall be attended by the members either 

3 in person, or through such delegates or representa4 tives as they may choose. 

5 ‘‘(5) REPORT.—Not later than September 30 of 

6 each year, the chairman of the Interdiction Com7 mittee shall submit a report to the Director and to 

8 the appropriate congressional committees describing 

9 the results of the meetings and any significant find10 ings of the Committee during the previous 12 

11 months. Any content of such a report that involves 

12 information classified under criteria established by 

13 an Executive order, or whose public disclosure, as 

14 determined by the Director, the chairman, or any 

15 member, would be detrimental to the law enforce16 ment or national security activities of any Federal, 

17 State, or local agency, shall be presented to Con18 gress separately from the rest of the report.’’. 

19 (b) CONFORMING AMENDMENT TO HOMELAND SE20 CURITY ACT OF 2002.—Section 878 of the Homeland Se21 curity Act of 2002 (6 U.S.C. 458) is amended— 

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

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

24 ‘‘The’’; and 


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

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

3 and (f), respectively. 

4 SEC. 14. AWARDS FOR DEMONSTRATION PROGRAMS BY 

5 LOCAL PARTNERSHIPS TO SHUT DOWN IL6 LICIT DRUG MARKET HOT-SPOTS BY DETER7 RING DRUG DEALERS OR ALTERING THE DY8 NAMIC OF DRUG SALES. 

9 Sections 713 and 714 (21 U.S.C. 1711) are redesig10 nated as sections 715 and 716, respectively, and after sec11 tion 712 (21 U.S.C. 1710) insert the following new sec12 tion: 

13 ‘‘SEC. 713 AWARDS FOR DEMONSTRATION PROGRAMS BY 

14 LOCAL PARTNERSHIPS TO SHUT DOWN IL15 LICIT DRUG MARKET HOT-SPOTS BY DETER16 RING DRUG DEALERS OR ALTERING THE DY17 NAMIC OF DRUG SALES. 

18 ‘‘(a) AWARDS REQUIRED.—The Director shall make 

19 competitive awards for demonstration programs by eligible 

20 partnerships for the purpose of shutting down local illicit 

21 drug market hot-spots and reducing drug-related crime 

22 through evidence-based, strategic problem-solving inter23 ventions that deter drug dealers or alter the dynamic of 

24 drug sales. 


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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, or4 ganizations, and researchers included in the eligible 

5 partnership; 

6 ‘‘(2) to develop and field a directed and credible 

7 deterrent threat; and 

8 ‘‘(3) to strengthen rehabilitation efforts through 

9 such means as job training, drug treatment, or other 

10 services. 

11 ‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this 

12 section, the term ‘eligible partnership’ means a working 

13 group whose application to the Director— 

14 ‘‘(1) identifies the roles played, and certifies the 

15 involvement of, three or more agencies or organiza16 tions, which may include— 

17 ‘‘(A) State or local agencies (such as those 

18 carrying out police, probation, prosecution, 

19 courts, corrections, parole, or treatment func20 tions); 

21 ‘‘(B) Federal agencies (such as the Drug 

22 Enforcement Agency, the Bureau of Alcohol, 

23 Tobacco, Firearms, and Explosives, and United 

24 States Attorney offices); and 

25 ‘‘(C) community-based organizations; 


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1 ‘‘(2) includes a qualified researcher; 

2 ‘‘(3) includes a plan for identifying the impact 

3 players in, and assessing the nature and dynamic of, 

4 the local drug market and its related crime through 

5 information gathering and analysis; 

6 ‘‘(4) includes a plan for developing an evidence7 based strategic intervention aimed at quickly and 

8 sustainably eradicating the local drug market by de9 terring drug dealers or altering the dynamic of drug 

10 sales; and 

11 ‘‘(5) includes a plan that describes the method12 ology and outcome measures proposed for evaluating 

13 the impact of that strategic intervention on drug 

14 sales, neighborhood disorder, and crime. 

15 ‘‘(d) REPORTS TO CONGRESS.— 

16 ‘‘(1) INTERIM REPORT.—Not later than June 1, 

17 2009, the Director shall submit to Congress a report 

18 that identifies the best practices in drug market 

19 eradication, including the best practices identified 

20 through the activities funded under this section. 

21 ‘‘(2) FINAL REPORT.—Not later than June 1, 

22 2010, the Director shall submit to Congress a report 

23 on the demonstration programs funded under this 

24 section, including on the matters specified in para25 graph (1). 


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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out this section 

3 $10,000,000 for each of fiscal years 2007 through 2009.’’. 

4 SEC. 15. AWARDS FOR DEMONSTRATION PROGRAMS BY 

5 LOCAL PARTNERSHIPS TO COERCE ABSTI6 NENCE IN CHRONIC HARD-DRUG USERS 

7 UNDER COMMUNITY SUPERVISION THROUGH 

8 THE USE OF DRUG TESTING AND SANCTIONS. 

9 After section 713, as inserted by section 14 of this 

10 Act, insert the following new section: 

11 ‘‘SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY 

12 LOCAL PARTNERSHIPS TO COERCE ABSTI13 NENCE IN CHRONIC HARD-DRUG USERS 

14 UNDER COMMUNITY SUPERVISION THROUGH 

15 THE USE OF DRUG TESTING AND SANCTIONS. 

16 ‘‘(a) AWARDS REQUIRED.—The Director shall make 

17 competitive awards to fund demonstration programs by el18 igible partnerships for the purpose of reducing the use of 

19 illicit drugs by chronic hard-drug users living in the com20 munity while under the supervision of the criminal justice 

21 system. 

22 ‘‘(b) USE OF AWARD AMOUNTS.—Award amounts re23 ceived under this section shall be used— 


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1 ‘‘(1) to support the efforts of the agencies, or2 ganizations, and researchers included in the eligible 

3 partnership; 

4 ‘‘(2) to develop and field a drug testing and 

5 graduated sanctions program for chronic hard-drug 

6 users living in the community under criminal justice 

7 supervision; and 

8 ‘‘(3) to assist individuals described in sub9 section (a) by strengthening rehabilitation efforts 

10 through such means as job training, drug treatment, 

11 or other services. 

12 ‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this 

13 section, the term ‘eligible partnership’ means a working 

14 group whose application to the Director— 

15 ‘‘(1) identifies the roles played, and certifies the 

16 involvement of, two or more agencies or organiza17 tions, which may include— 

18 ‘‘(A) State or local agencies (such as those 

19 carrying out police, probation, prosecution, 

20 courts, corrections, parole, or treatment func21 tions); 

22 ‘‘(B) Federal agencies (such as the Drug 

23 Enforcement Agency, the Bureau of Alcohol, 

24 Tobacco, Firearms, and Explosives, and United 

25 States Attorney offices); and 


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1 ‘‘(C) community-based organizations; 

2 ‘‘(2) includes a qualified researcher; 

3 ‘‘(3) includes a plan for using judicial or other 

4 criminal justice authority to administer drug tests to 

5 individuals described in subsection (a) at least twice 

6 a week, and to swiftly and certainly impose a known 

7 set of graduated sanctions for non-compliance with 

8 community-release provisions relating to drug absti9 nence (whether imposed as a pre-trial, probation, or 

10 parole condition or otherwise); 

11 ‘‘(4) includes a strategy for responding to a 

12 range of substance use and abuse problems and a 

13 range of criminal histories; 

14 ‘‘(5) includes a plan for integrating data infra15 structure among the agencies and organizations in16 cluded in the eligible partnership to enable seamless, 

17 real-time tracking of individuals described in sub18 section (a); 

19 ‘‘(6) includes a plan to monitor and measure 

20 the progress toward reducing the percentage of the 

21 population of individuals described in subsection (a) 

22 who, upon being summoned for a drug test, either 

23 fail to show up or who test positive for drugs. 

24 ‘‘(d) REPORTS TO CONGRESS.— 


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1 ‘‘(1) INTERIM REPORT.—Not later than June 1, 

2 2009, the Director shall submit to Congress a report 

3 that identifies the best practices in reducing the use 

4 of illicit drugs by chronic hard-drug users, including 

5 the best practices identified through the activities 

6 funded under this section. 

7 ‘‘(2) FINAL REPORT.—Not later than June 1, 

8 2010, the Director shall submit to Congress a report 

9 on the demonstration programs funded under this 

10 section, including on the matters specified in para11 graph (1). 

12 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 is authorized to be appropriated to carry out this section 

14 $10,000,000 for each of fiscal years 2007 through 2009.’’. 

15 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

16 Section 716 (21 U.S.C. 1711), as redesignated by 

17 section 14 of this Act, is amended— 

18 (1) by striking ‘‘title,’’ and inserting ‘‘title, ex19 cept activities for which amounts are otherwise spe20 cifically authorized by this title,’’; and 

21 (2) by striking ‘‘1999 through 2003’’ and in22 serting ‘‘2007 through 2011’’. 

23 SEC. 17. TECHNICAL AMENDMENTS AND REPEAL. 

24 (a) AMENDMENT TO PUBLIC HEALTH SERVICE ACT

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


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

2 is amended— 

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

4 1002 of the Anti-Drug Abuse Act of 1988 (21 

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

6 the Office of National Drug Control Policy Reau7 thorization Act of 1998 (21 U.S.C. 1702)’’; and 

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

9 1005 of the Anti-Drug Abuse Act of 1988 (21 

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

11 the Office of National Drug Control Policy Reau12 thorization Act of 1998 (21 U.S.C. 1705)’’. 

13 (b) REPEAL OF SPECIAL FORFEITURE FUND.—Sec14 tion 6073 of the Asset Forfeiture Amendments Act of 

15 1988 (21 U.S.C. 1509) is repealed. 

16 SEC. 18. REQUIREMENT FOR DISCLOSURE OF FEDERAL 

17 SPONSORSHIP OF ALL FEDERAL ADVER18 TISING OR OTHER COMMUNICATION MATE19 RIALS. 

20 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 

8 a prominent notice informing the target audience that the 

9 advertisement or other communication is paid for by the 

10 Office. 

11 ‘‘(b) ADVERTISEMENT OR OTHER COMMUNICA12 TION.—In this section, the term ‘advertisement or other 

13 communication’ includes— 

14 ‘‘(1) an advertisement disseminated in any 

15 form, including print or by any electronic means; 

16 and 

17 ‘‘(2) a communication by an individual in any 

18 form, including speech, print, or by any electronic 

19 means.’’. 

20 SEC. 19. POLICY RELATING TO SYRINGE EXCHANGE PRO21 GRAMS. 

22 Section 703(a) (21 U.S.C. 1702(a)) is amended by 

23 adding at the end the following: 

24 ‘‘When developing the national drug control policy, any 

25 policy of the Director relating to syringe exchange pro26 grams for intravenous drug users shall be based on the 


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1 best available medical and scientific evidence regarding 

2 their effectiveness in promoting individual health and pre3 venting the spread of infectious disease, and their impact 

4 on drug addiction and use. In making any policy relating 

5 to syringe exchange programs, the Director shall consult 

6 with the National Institutes of Health and the National 

7 Academy of Sciences.’’. 

8 SEC. 20. INTERNATIONAL SUMMIT ON METHAMPHETAMINE 

9 THREAT. 

10 (a) SUMMIT REQUIREMENT.—The Director of the 

11 Office of National Drug Control Policy in the Executive 

12 Office of the President shall, in consultation with the Sec13 retary of State, the Attorney General, the Secretary of 

14 Homeland Security, the Secretary of Health and Human 

15 Services, and the United States Trade Representative, 

16 seek to convene an international summit on the threat of 

17 methamphetamine and synthetic drug precursor chemi18 cals. 

19 (b) PARTICIPATION OF OTHER COUNTRIES.—The 

20 Director shall seek to convene the summit with the partici21 pation and involvement of government leaders at the high22 est level from all countries that are direct sources of pre23 cursor chemicals and from all countries that are affected 

24 by methamphetamine production, trafficking, and use, to 

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1 sponse in order to prevent methamphetamine production 

2 and precursor diversion. 

3 (c) INTERNATIONAL AGREEMENTS.—The Director 

4 shall encourage the negotiation, drafting, and ratification 

5 of multilateral or bilateral agreements that may contain 

6 information-sharing treaties concerning provisions for pre7 cursor importation and exportation and additional provi8 sions for annual assessments of medical and scientific 

9 needs of each signatory country. 

10 (d) MATTERS ADDRESSED BY THE SUMMIT.—The 

11 summit may address the following: 

12 (1) The greater involvement of international po13 licing and customs organizations, such as Interpol, 

14 the United Nations Office on Drugs and Crime, and 

15 the World Customs Organization. 

16 (2) Expanding resources and hired persons to 

17 track international shipments of ephedrine, 

18 pseudoephedrine, and other precursor substances as 

19 controlled by the International Narcotics Control 

20 Board. 

21 (3) Working with the private sector and Fed22 eral agencies, as well as the World Health Organiza23 tion, to support the research and development of 

24 substances that can effectively replace primary pre25 cursors used in the manufacture of synthetic drugs. 


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1 (e) DEADLINE.—The Director shall seek to convene 

2 the summit not later than 12 months after the date of 

3 the enactment of this Act and follow-up summits in subse4 quent years as the Director finds necessary. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Director 

7 $1,000,000 to carry out this section. 

8 SEC. 21. STUDY ON DRUG COURT HEARINGS IN NONTRADI9 TIONAL PLACES. 

10 (a) FINDING.—Congress finds that encouraging drug 

11 courts and schools to enter into partnerships that allow 

12 students to see the repercussions of drug abuse by non13 violent offenders may serve as a strong deterrent and pro14 mote demand reduction. 

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

16 Drug Control Policy shall conduct a study on drug court 

17 programs that conduct hearings in nontraditional public 

18 places, such as schools. At a minimum, the study shall 

19 evaluate similar programs in operation, such as the pro20 gram operated in the Fourth Judicial District Drug 

21 Court, in Washington County, Arkansas. 

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

23 submits to Congress the National Drug Control Strategy 

24 due February 1, 2007, pursuant to section 706 of the Of25 fice of National Drug Control Policy Reauthorization Act 


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1 of 1998, the President shall submit to Congress a report 

2 on the study conducted under subsection (b). The report 

3 shall include an evaluation of the results of the study and 

4 such recommendations as the President considers appro5 priate. 

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

7 ‘‘demand reduction’’ has the meaning provided in section 

8 702(1) of the Office of National Drug Control Policy Re9 authorization Act of 1998 (21 U.S.C. 1701(1)). 

10 SEC. 22. REPORT ON GOVERNMENT-SPONSORED METH11 AMPHETAMINE CONFERENCE. 

12 (a) REPORT.—Not later than 30 days after the date 

13 of the enactment of this Act, the Director of the Office 

14 of National Drug Control Policy shall submit to Congress 

15 a report explaining the rationale and circumstances lead16 ing to the sponsorship by the Department of Health and 

17 Human Resources, and the participation by employees of 

18 such department, in a conference conducted by the Harm 

19 Reduction Coalition and the Harm Reduction Project on 

20 August 19th and 20th, 2005, in Salt Lake City, Utah, 

21 titled the ‘‘1st National Conference on Methamphetamine, 

22 HIV, and Hepatitis Science & Response’’. 

23 (b) ADDITIONAL MATTERS COVERED.—The report 

24 shall include a description of the management and report25 ing systems of the Office of National Drug Control Policy 


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1 that are in place or that will be put in place to ensure 

2 that the policy of the Federal Government is consistently 

3 supportive of efforts to prevent the use of methamphet4 amine. 

5 SEC. 23. STUDY ON PRESCRIPTION DRUGS ASSOCIATED 

6 WITH IATROGENIC ADDICTION. 

7 (a) IN GENERAL.—The Director of the Office of Na8 tional Drug Control Policy shall request the Institute of 

9 Medicine of the National Academy of Sciences to enter 

10 into an agreement under which the Institute agrees to con11 duct a study examining certain aspects of prescription 

12 drugs associated with iatrogenic addiction, including 

13 oxycodone hydrochloride controlled-release tablets. 

14 (b) REQUIREMENTS.—The study conducted pursuant 

15 to this section shall evaluate— 

16 (1) the rate and impact of iatrogenic addiction 

17 associated with the use of prescription drugs de18 scribed in subsection (a); and 

19 (2) the relative addictiveness of prescription 

20 drugs described in subsection (a) when compared 

21 with other opioids and other substances included in 

22 schedule I or II of the schedules of controlled sub23 stances established by section 202 of the Controlled 

24 Substances Act (21 U.S.C. 812). 


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1 (c) REPORT.—The Director of the Office of National 

2 Drug Control Policy shall ensure that the agreement 

3 under subsection (a) provides for the submission of a re4 port to the Congress, not later than one year after the 

5 date of the enactment of this Act, on the results of the 

6 study conducted pursuant to this section. 

7 SEC. 24. REPORT ON TRIBAL GOVERNMENT PARTICIPA8 TION IN HIDTA PROCESS. 

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

10 Office of National Drug Control Policy shall prepare a re11 port for Congress on the representation of tribal govern12 ments in the High Intensity Drug Trafficking Areas Pro13 gram and in high intensity drug trafficking areas des14 ignated under that Program. The report shall include— 

15 (1) a list of the tribal governments represented 

16 in the Program and a description of the participa17 tion by such governments in the Program; 

18 (2) an explanation of the rationale for the level 

19 of representation by such governments; and 

20 (3) recommendations by the Director for meth21 ods for increasing the number of tribal governments 

22 represented in the Program. 

23 (b) DEADLINE.—The report prepared under sub24 section (a) shall be submitted not later than 1 year after 

25 the date of the enactment of this Act. 


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1 (c) DEFINITION.—In this section, the term ‘‘High In2 tensity Drug Trafficking Areas Program’’ means the pro3 gram established under section 707 of the Office of Na4 tional Drug Control Policy Reauthorization Act of 1998 

5 (21 U.S.C. 1706) 

6 SEC. 25. NATIONAL METHAMPHETAMINE INFORMATION 

7 CLEARINGHOUSE. 

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

9 ‘‘National Methamphetamine Information Clearinghouse 

10 Act of 2005’’. 

11 (b) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Council’’ means the National 

13 Methamphetamine Advisory Council established 

14 under subsection (c)(2)(A); 

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

16 children whose physical, mental, or emotional health 

17 are at risk because of the production, use, or effects 

18 of methamphetamine by another person; 

19 (3) the term ‘‘National Methamphetamine In20 formation Clearinghouse’’ or ‘‘NMIC’’ means the in21 formation clearinghouse established under subsection 

22 (c)(1); and 

23 (4) the term ‘‘qualified entity’’ means a State 

24 or local government, school board, or public health, 

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1 mental organization providing services related to 

2 methamphetamine. 

3 (c) ESTABLISHMENT OF CLEARINGHOUSE AND ADVI4 SORY COUNCIL.— 

5 (1) CLEARINGHOUSE.—There is established, 

6 under the supervision of the Director of National 

7 Drug Control Policy, an information clearinghouse 

8 to be known as the National Methamphetamine In9 formation Clearinghouse. 

10 (2) ADVISORY COUNCIL.— 

11 (A) IN GENERAL.—There is established an 

12 advisory council to be known as the National 

13 Methamphetamine Advisory Council. 

14 (B) MEMBERSHIP.—The Council shall con15 sist of 10 members appointed by the Director 

16 of National Drug Control Policy— 

17 (i) not fewer than three of whom shall 

18 be representatives of law enforcement 

19 agencies; 

20 (ii) not fewer than four of whom shall 

21 be representatives of nongovernmental and 

22 nonprofit organizations providing services 

23 related to methamphetamine; and 


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1 (iii) one of whom shall be a represent2 ative of the Department of Health and 

3 Human Services. 

4 (C) PERIOD OF APPOINTMENT; VACAN5 CIES.—Members shall be appointed for three 

6 years. Any vacancy in the Council shall not af7 fect its powers, but shall be filled in the same 

8 manner as the original appointment. 

9 (d) NMIC REQUIREMENTS AND REVIEW.— 

10 (1) IN GENERAL.—The NMIC shall promote 

11 sharing information regarding successful law en12 forcement, treatment, environmental, social services, 

13 and other programs related to the production, use, 

14 or effects of methamphetamine and grants available 

15 for such programs. 

16 (2) COMPONENTS.—The NMIC shall include— 

17 (A) a toll-free number; and 

18 (B) a website that— 

19 (i) provides information on the short20 term and long-term effects of methamphet21 amine use; 

22 (ii) provides information regarding 

23 methamphetamine treatment programs and 

24 programs for drug endangered children, in25 cluding descriptions of successful programs 


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1 and contact information for such pro2 grams; 

3 (iii) provides information regarding 

4 grants for methamphetamine-related pro5 grams, including contact information and 

6 links to websites; 

7 (iv) allows a qualified entity to submit 

8 items to be posted on the website regard9 ing successful public or private programs 

10 or other useful information related to the 

11 production, use, or effects of methamphet12 amine; 

13 (v) includes a restricted section that 

14 may only be accessed by a law enforcement 

15 organization that contains successful strat16 egies, training techniques, and other infor17 mation that the Council determines helpful 

18 to law enforcement agency efforts to com19 bat the production, use or effects of meth20 amphetamine; 

21 (vi) allows public access to all infor22 mation not in a restricted section; and 

23 (vii) contains any additional informa24 tion the Council determines may be useful 


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1 in combating the production, use, or ef2 fects of methamphetamine. 

3 (3) REVIEW OF POSTED INFORMATION.— 

4 (A) IN GENERAL.—Not later than 30 days 

5 after the date of submission of an item by a 

6 qualified entity, the Council shall review an 

7 item submitted for posting on the website de8 scribed in paragraph (2)(B)— 

9 (i) to evaluate and determine whether 

10 the item, as submitted or as modified, 

11 meets the requirements for posting; and 

12 (ii) in consultation with the Director 

13 of National Drug Control Policy, to deter14 mine whether the item should be posted in 

15 a restricted section of the website. 

16 (B) DETERMINATION.—Not later than 45 

17 days after the date of submission of an item, 

18 the Council shall— 

19 (i) post the item on the website de20 scribed in paragraph (2)(B); or 

21 (ii) notify the qualified entity that 

22 submitted the item regarding the reason 

23 such item shall not be posted and modi24 fications, if any, that the qualified entity 

25 may make to allow the item to be posted. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated— 

3 (A) for fiscal year 2007— 

4 (i) $1,000,000 to establish the NMIC 

5 and Council; and 

6 (ii) such sums as are necessary for 

7 the operation of the NMIC and Council; 

8 and 

9 (B) for each of fiscal years 2008 through 

10 2011, such sums as are necessary for the oper11 ation of the NMIC and Council. 

12 SEC. 26. REPORT ON SCHOOL DRUG TESTING. 

13 (a) REPORT REQUIREMENT.—The Director of Na14 tional Drug Control Policy shall prepare a report on drug 

15 testing in schools. The report shall include a list of sec16 ondary schools that have initiated drug testing from 

17 among those schools that have attended conferences on 

18 drug testing sponsored by the Office of National Drug 

19 Control Policy. 

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

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

22 Drug Control Policy shall submit to Congress the report 

23 required under subsection (a). 


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1 SEC. 27. REPORT ON METHAMPHETAMINE EPIDEMIC. 

2 (a) REPORT REQUIREMENT.—The Director of Na3 tional Drug Control Policy shall prepare a report on meth4 amphetamine usage in the United States. The report shall 

5 describe the usage by zip code based on information ob6 tained from industrial and school drug testing and sei7 zures of clandestine laboratories. 

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

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

10 Drug Control Policy shall submit to Congress the report 

11 required under subsection (a). 

12 SEC. 28. REPORT ON ONDCP PERFORMANCE BONUSES. 

13 (a) REPORT REQUIREMENT.—The Director of Na14 tional Drug Control Policy shall prepare a report on per15 formance bonuses at the Office of National Drug Control 

16 Policy. The report shall include a list of employees who 

17 received performance bonuses, and the amount of such bo18 nuses, for the period beginning on October 1, 2004, and 

19 ending on the date of submission of the report. 

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

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


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1 Drug Control Policy shall submit to Congress the report 

2 required under subsection (a). 

Passed the House of Representatives March 9, 

2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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