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[House Report 109-315]
[From the U.S. Government Publishing Office]

109th Congress                                            Rept. 109-315
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================

 
   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2005

                                _______
                                

                 March 3, 2006.--Ordered to be printed

                                _______
                                

    Mr. Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2829]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2829) to reauthorize the Office of National Drug 
Control Policy Act, having considered the same, report thereon 
with an amendment and without recommendation.

                                CONTENTS

                                                                   Page
Amendment........................................................     1
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     5
Statement of General Performance Goals and Objectives............     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Committee Cost Estimate..........................................     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     8
Advisory Committee Statement.....................................     8
Constitutional Authority Statement...............................     9
Applicability to Legislative Branch..............................     9
Section-by-Section Analysis of the Legislation...................     9
Changes in Existing Law Made by the Bill, as Reported............     9

                               Amendment

    The amendment (stated in terms of the text reported on 
November 18, 2005 by the Committee on Government Reform; H. 
Rept. 109-315, part 1) is as follows:
    Strike Title II and amend the table of contents 
accordingly.

                          Purpose and Summary

    Title II of H.R. 2829, as reported by the Committee on 
Government Reform, established minimum standards for the 
testing of steroids and other performance-enhancing substances 
by professional sports leagues. H.R. 2829 required the Office 
of National Drug Control Policy (ONDCP) to issue regulations 
requiring certain professional sports organizations adopt 
uniform minimum testing and enforcement provisions for steroid 
and other performance-enhancing drugs programs. Additionally, 
H.R. 2829 required certain reports by the sports leagues and by 
the ONDCP. The regulations include provisions for the timing 
and frequency of testing athletes, the substances tested, and 
penalties for athletes who violate the policies.

                  Background and Need for Legislation

    Athletics have played an important role in the cultural 
development and identity of the United States. America's 
enthusiasm for participation in sports is exceeded only by its 
enthusiasm as spectators. Sports at the collegiate, Olympic, 
and professional levels have evolved since the latter half of 
the twentieth century into a profitable industry for many of 
the industry participants. Nowhere is this more apparent than 
at the highest level of competition: professional sports.
    The average annual player's salary in the most popular 
professional team sports is over $1 million, with the highest 
paid athletes earning as much as $20 million per season in 
salary. Additionally, endorsement opportunities for individual 
professional athletes often produce substantial financial 
gains. A plethora of media outlets nowexist to provide non-stop 
coverage and broadcast of major professional sports, including sport-
specific mediums. In total, the professional sports and related 
industries are multi-billion dollar enterprises.
    Most sports experts believe the media attention and riches 
afforded to top athletes contribute to the temptation facing 
many athletes to use performance-enhancing substances for a 
competitive advantage. The prospect of earning millions of 
dollars can outweigh the risk, if any, of being caught using 
illegal or prohibited performance-enhancing substances.
    Although the financial rewards in the modern sports era are 
greater than at any time in history, they are not the sole 
reason for doping in sports. In fact, the history of athletic 
doping, particularly through the use of stimulants, has been 
traced to the earliest days of the Olympics. Of greater 
relevance to the history of modern doping is the increased 
acceptance of testosterone and steroid use, along with other 
substances and techniques, by some athletes for their 
physiological benefits in the latter half of the twentieth 
century. Steroid use by Olympic athletes is reported to have 
been widespread beginning as early as the 1960's, and naturally 
began to find its way into professional sports.
    To combat doping, the Olympic movement created the World 
Anti-Doping Agency (WADA) in 1999 to implement and enforce 
testing policies for Olympic sports. In the United States, the 
U.S. Anti-Doping Agency performs the testing for Olympic 
athletes. Some professional sports, including professional 
tennis, follow the WADA code for prohibited substances and 
penalties.
    Other professional sports associations and their players 
have responded similarly to the growing awareness of doping and 
implemented anti-drug testing programs during the past two 
decades. However, not all programs test for the same 
performance-enhancing substances, test using strict protocols 
including frequency of testing, nor do they enforce violations 
with significant penalties--if at all. Some professional sports 
associations do not even test for steroids and other 
performance-enhancing substances. While these provisions have 
historically been the subject of negotiation between the 
players and the sports associations, many of the programs are 
considered by experts to be deficient, particularly in regard 
to the penalties imposed on a player for violating the policy.
    The integrity of professional sports is diminished because 
there are inconsistent and inadequate testing policies among 
the various leagues. Recent allegations and admissions by 
current and former athletes of regarding their use of steroids 
have undermined the credibility of some sports and their 
testing programs, and cast a wider doubt about the prevalence 
of doping by professional athletes. More importantly, the 
effect of the disparate policies--including those that do not 
even test for certain illegal substances nor punish athletes 
for taking the substances--is to promote the perception that 
the use of such substances by some professional athletes is at 
best tolerated and at worst encouraged.
    Such an effect contributes to the serious problem of youths 
increasingly using performance-enhancing substances, such as 
illegal steroids. Based on the May 2004 Centers for Disease 
Control report, there are more than 800,000 high school 
students who have used or are currently using anabolic 
steroids. There is no doubt that youths often seek to emulate 
sports idols, particularly in the professional ranks. Absent 
rigorous testing and penalties for professional athletes who 
use performance-enhancing substances, there is a clear message 
sent to youths that deterrence is not a priority.
    The Committee's concern is the diminished value of the 
positive qualities of sport and the adverse health consequences 
of performance-enhancing substances for individuals.
    In order to examine these issues more closely, the 
Subcommittee on Commerce, Trade, and Consumer Protection held a 
joint oversight hearing with the Subcommittee on Health on 
steroid use on Thursday, March 10, 2005. The hearing was 
entitled ``Steroids in Sports: Cheating the System and Gambling 
Your Health.'' The Subcommittees received testimony from: 
Congressman Jim Ryun; Don Hooton, Taylor Hooton Foundation; Dr. 
Linn Goldberg, Oregon Health & Science University; Robert 
Kanaby, Executive Director, National Federation of State High 
School Associations; Sandra Worth, Head Athletic Trainer, 
University of Maryland, on behalf of the National Athletic 
Trainers Association; Dr. Charles Yesalis, Pennsylvania State 
University; Dr. Ralph Hale, Chairman, United States Anti-Doping 
Agency; Adolpho Birch, Counsel for Labor Relations, National 
Football League; Frank Coonelly, Senior Vice President, Major 
League Baseball; Mary E. Wilfert, Chief Liaison, Committee on 
Competitive Safeguards and Medical Aspects of Sports, The 
National Collegiate Athletic Association.
    While the Subcommittee on Commerce, Trade, and Consumer 
Protection did not hold any hearings on H.R. 2829, the 
Subcommittee held two days of legislative hearing on H.R. 1862, 
the Drug Free Sports Act, on May 18 and 19, 2005. The 
Subcommittee received testimony from: Frank Shorter, former 
Chairman of the United States Anti-Doping Agency; Donald 
Garber, Commissioner, Major League Soccer; Robert Foose, 
Executive Director, Major League Soccer Players Union; Allan H. 
(Bud) Selig, Commissioner, Major League Baseball; Donald Fehr, 
Executive Director, Major League Baseball Players Association; 
Gary Bettman, Commissioner, National Hockey League; Robert 
Goodenow, Executive Director, National Hockey League Players 
Association; David Stern, Commissioner, National Basketball 
Association; William Hunter, Executive Director, National 
Basketball Players Association; Paul Tagliabue, Commissioner, 
National Football League; and Gene Upshaw, Executive Director, 
National Football League Players Association.
    Following these hearings, on Wednesday, May 25, 2005, the 
Subcommittee on Commerce, Trade, and Consumer Protection met in 
open markup session and approved H.R. 1862, the Drug Free 
Sports Act, for full Committee consideration, amended, by voice 
vote, a quorum being present. H.R. 1862 was superseded by H.R. 
3084, which was marked up on Wednesday, June 29, 2005, by the 
full Committee, and H.R. 3084 was ordered favorably reported to 
the House, amended, by a roll call vote of 38 yeas and 2 nays, 
a quorum being present.
    The Committee filed a report on H.R. 3084 (H. Rpt. 109-210, 
Part I) on July 28, 2005, which reflects the legislative 
position of the Committee on Energy and Commerce with regards 
to legislation relating to steroids.
    The Committee does not waive its jurisdiction over Title I 
of the bill, as it received a referral of the bill upon 
introduction prior to the inclusion of Title II by the 
Committee on Government Reform. Accordingly, the Committee on 
Energy and Commerce Committee reserves its right to seek 
conferees on any provisions of the bill that are within its 
jurisdiction during any House-Senate conference that may be 
convened on this legislation.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On Thursday, February 16, 2006, the full Committee met in 
open markup session to consider H.R. 2829, as reported by the 
Committee on Government Reform, and ordered H.R. 2829 reported 
to the House, amended, without recommendation, by a voice vote, 
a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering 
H.R. 2829 reported. A motion by Mr. Barton to order H.R. 2829 
reported to the House, amended, without recommendation, was 
agreed to by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         Statement of General Performance Goals and Objectives

    The purpose of H.R. 2829, the Office of National Drug 
Control Policy Reauthorization Act of 2005 is to reauthorize 
the Office of National Drug Control Policy (ONDCP) within the 
Executive Office of the President for five years, through the 
end of FY 2010.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2829, the Office of National Drug Control Policy 
Reauthorization Act of 2005, would result in no new or 
increased budget authority, entitlement authority, or tax 
expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 2, 2006.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed estimate for H.R. 2829, a bill to 
reauthorize the Office of National Drug Control Policy Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                 Donald B. Marron, Acting Director.
    Enclosure.

H.R. 2829--A bill to reauthorize the Office of National Drug Control 
        Policy Act

    Summary: H.R. 2829 would reauthorize operations of the 
Office of National Drug Control Policy (ONDCP) and programs 
administered by that office through 2010. Major programs 
administered by that office include the High-Intensity Drug 
Trafficking Areas program, the National Youth Anti-Drug Media 
Campaign, and the Counterdrug Technology Assessment Center.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2829 would cost about $2.6 
billion over the 2007-2011 period. Of this total, about $1.9 
billion would result from amounts specifically authorized for 
the National Youth Anti-Drug Media Campaign and High-Intensity 
Drug Trafficking Areas.
    By reauthorizing ONDCP's authority to accept and spend 
gifts, enacting H.R. 2829 could affect direct spending and 
revenues, but CBO estimates that any such impact would be 
negligible.
    H.R. 2829 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA); 
any costs incurred by state, local, or tribal entities would 
result from participating in a voluntary federal program.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2829 is shown in the following table. 
The costs of this legislation fall within budget functions 750 
(administration of justice) and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2006    2007    2008    2009    2010    2011
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for ONDCP:
    Budget Authority \2\........................................     479       0       0       0       0       0
    Estimated Outlays...........................................     484     196      36      11       0       0
Proposed Changes:
    High-Intensity Drug Trafficking Areas:
        Authorization Level.....................................       0     290     290     300     300       0
        Estimated Outlays.......................................       0      73     247     278     299     225
    National Youth Anti-Drug Media Campaign:
        Authorization Level.....................................       0     195     210     210     210       0
        Estimated Outlays.......................................       0     176     209     210     210      21
    Other Federal Drug Control Programs:
        Estimated Authorization Level...........................       0      97      98     100     102       0
        Estimated Outlays.......................................       0      81      94      98     100      14
    Counterdrug Technology Assessment Center:
        Estimated Authorization Level...........................       0      31      31      32      32       0
        Estimated Outlays.......................................       0      29      31      32      32       2
    Office of National Drug Control Policy:
        Estimated Authorization Level...........................       0      28      29      30      30       0
        Estimated Outlays.......................................       0      24      28      30      30       5
    Other Provisions:
        Estimated Authorization Level...........................       0       7       7       7       7       0
        Estimated Outlays.......................................       0       6       7       7       7       0
        Total Proposed Changes:
            Estimated Authorization Level.......................       0     647     665     679     681       0
            Estimated Outlays...................................       0     387     614     654     676     267
Total Spending Under H.R. 2829 for ONDCP:
        Estimated Authorization Level a.........................     479     647     665     679     681       0
        Estimated Outlays.......................................     484     583     650     665     676     267
----------------------------------------------------------------------------------------------------------------
a The 2006 level is the amount appropriated for that year for programs administered by the Office of National
  Drug Control Policy.

Note: Components may not sum to totals because of rounding.

    Basis of Estimate: For this estimate, CBO assumes that the 
bill will be enacted during fiscal year 2006, that the 
necessary amounts will be provided each year, and that spending 
will follow historical patterns for the ONDCP and its programs.

Spending subject to appropriation

    The bill would reauthorize all the programs of ONDCP 
through 2010. The current authorization for ONDCP expired at 
the end of fiscal year 2003 (although the office continued to 
receive funding in 2004, 2005, and 2006). Based on information 
from ONDCP and historical spending patterns of the agency, CBO 
estimates that these authorizations, if funded beginning in 
fiscal year 2007, would result in outlays of about $387 million 
in 2007 and about $2.6 billion over the 2007-2011 fiscal year.
    High-Intensity Drug Trafficking Areas. Section 109 would 
authorize the appropriation of $290 million for fiscal years 
2007 and 2008 and $300 million a year for 2009 and 2010 for the 
High-Intensity Drug Trafficking Areas program. This program 
coordinates drug-control efforts among local, state, and 
federal law enforcement agencies. Assuming appropriation of the 
specified amounts, CBO estimates that implementing this 
provision would cost $73 million in fiscal year 2007 and $1.1 
billion over the 2007-2011 period.
    National Youth Anti-Drug Media Campaign. Section 112 would 
authorize the appropriation of $195 million in fiscal year 2007 
and $210 million a year for the 2008-2010 period for the 
National Youth Anti-Drug Media Campaign (NYADMC) program. 
NYADMC delivers anti-drug messages through mass communications 
to help prevent and reduce youth drug use. Assuming 
appropriations of the specified amounts, CBO estimates that 
implementing this provision would cost $176 million in 2007 and 
about $825 million over the 2007-2011 period.
    Other Federal Drug Control Programs. H.R. 2829 would 
authorize the appropriation of such sums as necessary to 
operate other federal drug-control programs (excluding NYADMC) 
through fiscal year 2010. Those include the Drug-Force 
Communities program, National Drug Court Institute, and the 
U.S. Anti-Doping Agency. Based on the level of funding for 
2006, information from ONDCP, and adjusting for anticipated 
inflation, CBO estimates that implementing the programs would 
cost about $81 million in 2007 and $387 million over the 2007-
2011 period.
    Counterdrug Technology Assessment Center. The legislation 
would authorize the appropriation of such sums as necessary to 
operate the Counterdrug Assessment Center. The center 
coordinates counterdrug research and development activities for 
the federal government. Because the bill did not specify 
funding levels, CBO estimated the costs by adjusting 2006 
funding for anticipated inflation. On that basis, we estimate 
that operation of the center would cost $29 million in 2007 and 
$126 million over the 2007-2011 period.
    Office of National Drug Control Policy. H.R. 2829 would 
authorize the appropriation of such sums as necessary for 
ONDCP. The office establishes policies, priorities, and 
objectives for federal drug-control programs. Assuming 
appropriation of the necessary amounts, CBO estimates that 
these activities would cost $24 million in 2007 and $115 
million over the 2007-2011 period. This estimate is based on 
historical spending patterns and assumes that the appropriation 
for 2006 would be adjusted for anticipated inflation.
    Other Provisions. Section 106 would require ONDCP to 
produce a biannual plan to increase the coordination among 
federal agencies working to combat illegal drug use. Based on 
information from ONDCP, CBO estimates that completing such 
plans would cost $3 million a year.
    Section 113 would amend the responsibilities and 
authorities of the United States Interdiction Coordinator. 
Based within the ONDCP, the U.S. Interdiction Coordinator would 
be responsible for coordinating efforts to prevent drugs from 
entering the United States. Based on information from ONDCP and 
the Department of Homeland Security, CBO estimates that 
increased staffing levels and new reporting requirements 
necessary under the bill would cost $2 million annually.
    The legislation includes other provisions that would 
establish new reporting requirements and procedures for 
preparing budget requests for ONDCP. CBO estimates that those 
provisions would cost $2 million annually.

Revenues and direct spending

    H.R. 2829 would reauthorize ONDCP to accept donations of 
real and personal property. Gifts are classified in the budget 
as revenues, and spending of such sums would constitute direct 
spending. According to ONDCP, it has not received any gifts in 
recent years and does not expect to receive any under this 
authority. Hence, CBO estimates that additional revenues and 
direct spending under H.R. 2829 would be negligible.
    Intergovernmental and private-sector impact: H.R. 2829 
contains no intergovernmental or private-sector mandates as 
defined in UMRA; any cost incurred by state, local, or tribal 
entities would result from participating in a voluntary federal 
program.
    Previous CBO estimates: On August 5, 2005, CBO transmitted 
a cost estimate for H.R. 2829 as ordered reported by the House 
Committee on Government Reform on June 16, 2005. On July 7, 
2005, CBO transmitted a cost estimate for H.R. 2565, a bill to 
reauthorize the Office of National Drug Control Policy Act and 
to establish minimum drug-testing standards for major 
professional sports leagues, as ordered reported by the House 
Committee on Government Reform on May 26, 2005.
    H.R. 2829 and H.R. 2565 are similar; all three bills would 
reauthorize ONDCP and programs administered through that 
office. However, the three pieces of legislation would 
authorize varying amounts for various activities over different 
time periods. CBO's cost estimates for the three bills reflect 
those differences.
    Estimate prepared by: Federal Costs: Matthew Pickford and 
Mark Grabowicz. Impact on State, Local, and Tribal Governments: 
Sarah Puro. Impact on the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

    The Committee deleted Title II, the Clean Sports Act, from 
H.R. 2829 as reported by the Committee on Government Reform. A 
complete section-by-section analysis of H.R. 2829 can be found 
in H. Rept. 109-315, Part 1, as filed by the Committee on 
Government Reform.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 OFFICE OF NATIONAL DRUG CONTROL POLICY ACT REAUTHORIZATION ACT OF 1998

SEC. 701. SHORT TITLE.

  This title may be cited as the ``Office of National Drug 
Control Policy Reauthorization Act of 1998''.

SEC. 702. DEFINITIONS.

  In this title:
          (1) Demand reduction.--The term ``demand reduction'' 
        means any activity conducted by a National Drug Control 
        Program agency, other than an enforcement activity, 
        that is intended to reduce the use of drugs, 
        including--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) drug-free workplace programs; [and]
                  (G) drug testing[.], including the testing of 
                employees;
                  (H) interventions for drug abuse and 
                dependence; and
                  (I) international drug control coordination 
                and cooperation with respect to activities 
                described in this paragraph.

           *       *       *       *       *       *       *

          (6) National drug control program.--The term 
        ``National Drug Control Program'' means programs, 
        policies, and activities undertaken by National Drug 
        Control Program agencies pursuant to the 
        responsibilities of such agencies under the National 
        Drug Control Strategy, including any activities 
        involving supply reduction, demand reduction, or State 
        and local affairs.
          (7) National drug control program agency.--The term 
        ``National Drug Control Program [Agency] agency'' means 
        any agency that is responsible for implementing any 
        aspect of the National Drug Control Strategy, including 
        any agency that receives Federal funds to implement any 
        aspect of the National Drug Control Strategy, but does 
        not include any agency that receives funds for drug 
        control activity solely under the [National Foreign 
        Intelligence Program,] National Intelligence Program, 
        the Joint Military Intelligence Program, or Tactical 
        Intelligence and Related Activities, unless such agency 
        has been designated--
                  (A) * * *

           *       *       *       *       *       *       *

          (9) Office.--Unless the context clearly [implicates] 
        indicates otherwise, the term ``Office'' means the 
        Office of National Drug Control Policy established 
        under section 703(a).
          (10) State and local affairs.--The term ``State and 
        local affairs'' means domestic activities conducted by 
        a National Drug Control Program agency that are 
        intended to reduce the availability and use of drugs, 
        including--
                  (A) * * *
                  (B) promotion of coordination and cooperation 
                among National Drug Control Program agencies 
                and the drug supply reduction and demand 
                reduction agencies of the various States, 
                territories, and units of local government; 
                [and]
                  (C) such other cooperative governmental 
                activities which promote a comprehensive 
                approach to drug control at the national, 
                State, territory, and local levels[.];
                  (D) domestic drug law enforcement, including 
                domestic drug interdiction and law enforcement 
                directed at drug users; and
                  (E) coordination and enhancement of Federal, 
                State, and local law enforcement initiatives to 
                gather, analyze, and disseminate information 
                and intelligence relating to drug control among 
                domestic law enforcement agencies.
          (11) Supply reduction.--The term ``supply reduction'' 
        means any activity of a program conducted by a National 
        Drug Control Program agency that is intended to reduce 
        the availability or use of drugs in the United States 
        and abroad, including--
                  (A) international drug control, including--
                          (i) law enforcement outside the 
                        United States; and
                          (ii) source country programs, 
                        including economic development programs 
                        primarily intended to reduce the 
                        production or trafficking of illicit 
                        drugs;
                  [(B) foreign and domestic drug intelligence;]
                  (B) facilitating and enhancing the sharing of 
                foreign and domestic information and law 
                enforcement intelligence relating to drug 
                production and trafficking among National Drug 
                Control Program agencies, and between those 
                agencies and foreign law enforcement agencies; 
                and
                  (C) interdiction[; and].
                  [(D) domestic drug law enforcement, including 
                law enforcement directed at drug users.]
          (12) Appropriate congressional committees.--Except 
        where otherwise provided, the term ``appropriate 
        congressional committees'' means the Committee on the 
        Judiciary, the Committee on Appropriations, and the 
        Caucus on International Narcotics Control of the Senate 
        and the Committee on Government Reform, the Committee 
        on the Judiciary, and the Committee on Appropriations 
        of the House of Representatives.
          (13) Law enforcement.--The term ``law enforcement'' 
        or ``drug law enforcement'' means all efforts by a 
        Federal, State, or local government agency to enforce 
        the drug laws of the United States or any State, 
        including investigation, arrest, prosecution, and 
        incarceration or other punishments or penalties.

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) Establishment of Office.--There is established in the 
Executive Office of the President an Office of National Drug 
Control Policy, which shall--
          (1) develop national drug control policy;
          (2) coordinate and oversee the implementation of that 
        national drug control policy;
          (3) assess and certify the adequacy of national drug 
        control programs and the budget for those programs; and
          [(4) evaluate the effectiveness of the national drug 
        control programs.]
          (4) evaluate the effectiveness of the national drug 
        control policy and the National Drug Control Program 
        agencies' programs, by developing and applying specific 
        goals and performance measurements.
When developing the national drug control policy, any policy of 
the Director relating to syringe exchange programs for 
intravenous drug users shall be based on the best available 
medical and scientific evidence regarding their effectiveness 
in promoting individual health and preventing the spread of 
infectious disease, and their impact on drug addiction and use. 
In making any policy relating to syringe exchange programs, the 
Director shall consult with the National Institutes of Health 
and the National Academy of Sciences.
  (b) Director and Deputy Directors.--
          (1) Director.--There shall be at the head of the 
        Office a Director of National Drug Control Policy, who 
        shall hold the same rank and status as the head of an 
        executive department listed in section 101 of title 5, 
        United States Code.

           *       *       *       *       *       *       *

          (3) Other deputy directors.--There shall be in the 
        [Office--] Office the following additional Deputy 
        Directors--
                  (A) a Deputy Director for Demand Reduction, 
                who shall be responsible for the activities 
                described in subparagraphs (A) through [(G)] 
                (I) of section 702(1);
                  (B) a Deputy Director for Supply Reduction, 
                [who shall] who shall have substantial 
                experience and expertise in drug interdiction 
                operations and other supply reduction 
                activities, and who shall serve as the United 
                States Interdiction Coordinator and be 
                responsible for the activities described in 
                subparagraphs (A) through (C) of section 
                702(11); and
                  (C) a Deputy Director for State and Local 
                Affairs, who shall be responsible for the 
                activities described in subparagraphs (A) 
                through [(C)] (E) of section 702(10) [and 
                subparagraph (D) of section 702(11)], and 
                sections 707 and 708 of this Act.

           *       *       *       *       *       *       *

SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY DIRECTORS.

  (a) Appointment.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Designation of other officers.--In the absence of 
        the Deputy Director, or if the Office of the Deputy 
        Director is vacant, the Director shall designate such 
        other [permanent employee] officer or employee of the 
        Office to serve as the acting Director, if the Director 
        is absent or unable to serve.

           *       *       *       *       *       *       *

  (b) Responsibilities.--The Director--
          (1) * * *

           *       *       *       *       *       *       *

          (4) shall make such recommendations to the President 
        as the Director determines are appropriate regarding 
        changes in the organization, management, and budgets of 
        [Federal departments and agencies engaged in drug 
        enforcement,] National Drug Control Program agencies, 
        and changes in the allocation of personnel to and 
        within those departments and agencies, to implement the 
        policies, goals, priorities, and objectives established 
        under paragraph (1) and the National Drug Control 
        Strategy;

           *       *       *       *       *       *       *

          (7) shall notify any National Drug Control Program 
        agency if its policies are not in compliance with the 
        responsibilities of the agency under the National Drug 
        Control Strategy, transmit a copy of each such 
        notification to the President and the appropriate 
        congressional committees, and maintain a copy of each 
        such notification;

           *       *       *       *       *       *       *

          (13) shall require each National Drug Control Program 
        agency to submit to the Director on an annual basis 
        [(beginning in 1999)] an evaluation of progress by the 
        agency with respect to drug control program goals using 
        the performance measures for the agency developed under 
        section 706(c), including progress with respect to--
                  (A) * * *

           *       *       *       *       *       *       *

          (14) shall submit to the [Appropriations committees 
        and the authorizing committees of jurisdiction of the 
        House of Representatives and the Senate] appropriate 
        congressional committees on an annual basis, not later 
        than 60 days after the date of the last day of the 
        applicable period, a summary of--
                  (A) each of the evaluations received by the 
                Director under paragraph (13); and
                  (B) the progress of each National Drug 
                Control Program agency toward the drug control 
                program goals of the agency using the 
                performance measures for the agency developed 
                under section 706(c); [and]
          (15) shall ensure that drug prevention and drug 
        treatment research and information is effectively 
        disseminated by National Drug Control Program agencies 
        to State and local governments and nongovernmental 
        entities involved in demand reduction by--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) developing a single interagency 
                clearinghouse for the dissemination of research 
                and information by such agencies to State and 
                local governments and nongovernmental agencies 
                involved in demand reduction.]
                  (C) supporting the substance abuse 
                information clearinghouse administered by the 
                Administrator of the Substance Abuse and Mental 
                Health Services Administration and established 
                in section 501(d)(16) of the Public Health 
                Service Act by--
                          (i) encouraging all National Drug 
                        Control Program agencies to provide all 
                        appropriate and relevant information; 
                        and
                          (ii) supporting the dissemination of 
                        information to all interested entities;
          (16) shall coordinate with the private sector to 
        promote private research and development of medications 
        to treat addiction;
          (17) shall seek the support and commitment of State 
        and local officials in the formulation and 
        implementation of the National Drug Control Strategy;
          (18) shall monitor and evaluate the allocation of 
        resources among Federal law enforcement agencies in 
        response to significant local and regional drug 
        trafficking and production threats; and
          (19) shall submit an annual report to Congress 
        detailing how the Office of National Drug Control 
        Policy has consulted with and assisted State and local 
        governments with respect to the formulation and 
        implementation of the National Drug Control Strategy 
        and other relevant issues.
  (c) National Drug Control Program Budget.--
          (1) Responsibilities of national drug control program 
        agencies.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Content of drug control budget 
                requests.--A drug control budget request 
                submitted by a department, agency, or program 
                under this paragraph shall include all requests 
                for funds for any drug control activity 
                undertaken by that department, agency, or 
                program, including demand reduction, supply 
                reduction, and State and local affairs, 
                including any drug law enforcement activities. 
                If an activity has both drug control and 
                nondrug control purposes or applications, the 
                department, agency, or program shall estimate 
                by a documented calculation the total funds 
                requested for that activity that would be used 
                for drug control, and shall set forth in its 
                request the basis and method for making the 
                estimate.
          (2) National drug control program budget proposal.--
        For each fiscal year, following the transmission of 
        proposed drug control budget requests to the Director 
        under paragraph (1), the Director shall, in 
        consultation with the head of each National Drug 
        Control Program agency--
                  (A) develop a consolidated National Drug 
                Control Program budget proposal designed to 
                implement the National Drug Control Strategy 
                and to inform Congress and the public about the 
                total amount proposed to be spent on all supply 
                reduction, demand reduction, State and local 
                affairs, including any drug law enforcement, 
                and other drug control activities by the 
                Federal Government, which shall conform to the 
                content requirements set forth in subparagraph 
                (C) of paragraph (1) of this subsection;

           *       *       *       *       *       *       *

          (3) Review and certification of budget requests and 
        budget submissions of national drug control program 
        agencies.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Specific requests.--The Director shall 
                not confirm the adequacy of any budget request 
                that--
                          (i) requests funding for Federal law 
                        enforcement activities that do not 
                        adequately compensate for transfers of 
                        drug enforcement resources and 
                        personnel to law enforcement and 
                        investigation activities not related to 
                        drug enforcement as determined by the 
                        Director;
                          (ii) requests funding for law 
                        enforcement activities on the borders 
                        of the United States that do not 
                        adequately direct resources to drug 
                        interdiction and enforcement as 
                        determined by the Director;
                          (iii) requests funding for drug 
                        treatment activities that do not 
                        provide adequate result and 
                        accountability measures as determined 
                        by the Director;
                          (iv) requests funding for any 
                        activities of the Safe and Drug Free 
                        Schools Program that do not include a 
                        clear antidrug message or purpose 
                        intended to reduce drug use;
                          (v) requests funding to enforce 
                        section 484(r)(1) of the Higher 
                        Education Act of 1965 (20 U.S.C. 
                        1091(r)(1)) with respect to convictions 
                        for drug-related offenses not occurring 
                        during a period of enrollment for which 
                        the student was receiving any Federal 
                        grant, loan, or work assistance;
                          (vi) requests funding for drug 
                        treatment activities that do not 
                        adequately support and enhance Federal 
                        drug treatment programs and capacity, 
                        as determined by the Director;
                          (vii) requests funding for fiscal 
                        year 2007 for activities of the 
                        Department of Education, unless it is 
                        accompanied by a report setting forth a 
                        plan for providing expedited 
                        consideration of student loan 
                        applications for all individuals who 
                        submitted an application for any 
                        Federal grant, loan, or work assistance 
                        that was rejected or denied pursuant to 
                        484(r)(1) of the Higher Education Act 
                        of 1965 (20 U.S.C. 1091(r)(1)) by 
                        reason of a conviction for a drug-
                        related offense not occurring during a 
                        period of enrollment for which the 
                        individual was receiving any Federal 
                        grant, loan, or work assistance;
                          (vii) requests funding for fiscal 
                        year 2007 for activities of the 
                        Department of Education, unless it is 
                        accompanied by a report setting forth a 
                        plan for providing expedited 
                        consideration of student loan 
                        applications for all individuals who 
                        submitted an application for any 
                        Federal grant, loan, or work assistance 
                        that was rejected or denied pursuant to 
                        484(r)(1) of the Higher Education Act 
                        of 1965 (20 U.S.C. 1091(r)(1)) by 
                        reason of a conviction for a drug-
                        related offense not occurring during a 
                        period of enrollment for which the 
                        individual was receiving any Federal 
                        grant, loan, or work assistance;
                          (viii) requests funding for the 
                        operations and management of the 
                        Department of Homeland Security that 
                        does not include a specific request for 
                        funds for the Office of 
                        Counternarcotics Enforcement to carry 
                        out its responsibilities under section 
                        878 of the Homeland Security Act of 
                        2002 (6 U.S.C. 458).
                  [(C)] (D) Agency response.--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) Congressional notification.--
                        The head of a National Drug Control 
                        Program agency shall submit a copy of 
                        any impact statement under clause (ii) 
                        to the Senate and the House of 
                        Representatives and the appropriate 
                        congressional committees at the time 
                        the budget for that agency is submitted 
                        to Congress under section 1105(a) of 
                        title 31, United States Code.
                  [(D)] (E) Certification of budget 
                submissions.--
                          (i) * * *
                          (ii) Certification.--The Director--
                                  (I) * * *
                                  (II) based on the review 
                                under subclause (I), if the 
                                Director concludes that the 
                                budget submission of a National 
                                Drug Control Program agency 
                                does not include the funding 
                                levels and initiatives 
                                described under subparagraph 
                                (B)--
                                          (aa) * * *
                                          (bb) in the case of a 
                                        decertification issued 
                                        under item (aa), shall 
                                        submit to the Senate 
                                        and the House of 
                                        Representatives and the 
                                        appropriate 
                                        congressional 
                                        committees a copy of--
                                                  (aaa) * * *

           *       *       *       *       *       *       *

          (4) Reprogramming and transfer requests.--
                  (A) In general.--No National Drug Control 
                Program agency shall submit to Congress a 
                reprogramming or transfer request with respect 
                to any amount of appropriated funds in an 
                amount exceeding [$5,000,000] $1,000,000 that 
                is included in the National Drug Control 
                Program budget unless the request has been 
                approved by the Director.

           *       *       *       *       *       *       *

  (d) Powers of the Director.--In carrying out subsection (b), 
the Director may--
          (1)  * * *

           *       *       *       *       *       *       *

          (8) transfer funds made available to a National Drug 
        Control Program agency for National Drug Control 
        Strategy programs and activities to another account 
        within such agency or to another National Drug Control 
        Program agency for National Drug Control Strategy 
        programs and activities, except that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) funds transferred to an agency under this 
                paragraph may only be used to increase the 
                funding for programs or activities [have been 
                authorized by Congress;] authorized by law; and

           *       *       *       *       *       *       *

          (9) notwithstanding any other provision of law, issue 
        to the head of a National Drug Control Program agency a 
        fund control notice described in subsection (f) to 
        ensure compliance with the National Drug Control 
        Program [Strategy; and] Strategy and notify the 
        appropriate congressional committees of any fund 
        control notice issued;
          (10) participate in the drug certification process 
        pursuant to section 490 of the Foreign Assistance Act 
        of 1961 [(22 U.S.C. 2291j).] (22 U.S.C. 2291j) and 
        section 706 of the Foreign Relations Authorization Act, 
        Fiscal Year 2003 (22 U.S.C. 2291j-1); and
          (11) not later than August 1 of each year, submit to 
        the President a report, and transmit copies of the 
        report to the Secretary of State and the appropriate 
        congressional committees, that--
                  (A) provides the Director's assessment of 
                which countries are major drug transit 
                countries or major illicit drug producing 
                countries as defined in section 481(e) of the 
                Foreign Assistance Act of 1961 (22 U.S.C. 
                2291(e));
                  (B) provides the Director's assessment of 
                whether each country identified under 
                subparagraph (A) has cooperated fully with the 
                United States or has taken adequate steps on 
                its own to achieve full compliance with the 
                goals and objectives established by the United 
                Nations Convention Against Illicit Traffic in 
                Narcotic Drugs and Psychotropic Substances and 
                otherwise has assisted in reducing the supply 
                of illicit drugs to the United States; and
                  (C) provides the Director's assessment of 
                whether application of procedures set forth in 
                section 490 of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2291j), as provided in section 
                706 of the Foreign Relations Authorization Act, 
                Fiscal Year 2003 (22 U.S.C. 2291j-1), is 
                warranted with respect to countries the 
                Director assesses have not cooperated fully.

           *       *       *       *       *       *       *

  (f) Fund Control Notices.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Congressional notice.--A copy of each fund 
        control notice shall be transmitted to the appropriate 
        congressional committees.
          (5) Restrictions.--The Director shall not issue a 
        fund control notice to direct that all or part of an 
        amount appropriated to the National Drug Control 
        Program agency account be obligated, modified, or 
        altered in any manner contrary, in whole or in part, to 
        a specific appropriation or statute.
  (g) Inapplicability to Certain Programs.--The provisions of 
this section shall not apply to the [National Foreign 
Intelligence Program] National Intelligence Program, the Joint 
Military Intelligence Program, and Tactical Intelligence and 
Related Activities unless the agency that carries out such 
program is designated as a National Drug Control Program agency 
by the President or jointly by the Director and the head of the 
agency.
  (h) Construction.--Nothing in this Act shall be construed as 
derogating the authorities and responsibilities of the 
[Director of Central Intelligence] Director of National 
Intelligence or the Director of the Central Intelligence Agency 
contained in sections 104 and 504 of the National Security Act 
of 1947 or any other law.

SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM AGENCIES IN 
                    DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND 
                    LOCAL AFFAIRS.

  (a) Access to Information.--
          (1) In general.--Upon the request of the Director, 
        the head of any National Drug Control Program agency 
        shall cooperate with and provide to the Director any 
        statistics, studies, reports, and other information 
        prepared or collected by the agency concerning the 
        responsibilities of the agency under the National Drug 
        Control Strategy that relate to--
                  (A) drug [abuse] control; or
                  (B) the manner in which amounts made 
                available to that agency for drug control are 
                being used by that agency.
          (2) Protection of intelligence information.--
                  (A) In general.--The authorities conferred on 
                the Office and the Director by this title shall 
                be exercised in a manner consistent with 
                provisions of the National Security Act of 1947 
                (50 U.S.C. 401 et seq.). The [Director of 
                Central Intelligence] Director of National 
                Intelligence shall prescribe such regulations 
                as may be necessary to protect information 
                provided pursuant to this title regarding 
                intelligence sources and methods.
                  (B) Duties of director.--The [Director of 
                Central Intelligence] Director of National 
                Intelligence and the Director of the Central 
                Intelligence Agency shall, to the maximum 
                extent practicable in accordance with 
                subparagraph (A), render full assistance and 
                support to the Office and the Director.
          [(3) Illegal drug cultivation.--The Secretary of 
        Agriculture shall annually submit to the Director an 
        assessment of the acreage of illegal drug cultivation 
        in the United States.]
          (3) Required reports.--
                  (A) Secretaries of the interior and 
                agriculture.--The Secretaries of Agriculture 
                and Interior shall, by July 1 of each year, 
                jointly submit to the Director, the appropriate 
                congressional committees, the Committee on 
                Agriculture and the Committee on Resources of 
                the House of Representatives, and the Committee 
                on Agriculture and the Committee on Energy and 
                Natural Resources of the Senate, an assessment 
                of the quantity of illegal drug cultivation and 
                manufacturing in the United States on lands 
                owned or under the jurisdiction of the Federal 
                Government for the preceding year.
                  (B) Attorney general.--The Attorney General 
                shall, by July 1 of each year, submit to the 
                Director and the appropriate congressional 
                committees information for the preceding year 
                regarding the number and type of--
                          (i) arrests for drug violations;
                          (ii) prosecutions for drug violations 
                        by United States Attorneys; and
                          (iii) seizures of drugs by each 
                        component of the Department of Justice 
                        seizing drugs, as well as statistical 
                        information on the geographic areas of 
                        such seizures.
                  (C) Secretary of homeland security.--The 
                Secretary of Homeland Security shall, by July 1 
                of each year, submit to the Director, the 
                appropriate congressional committees, and the 
                Committee on Homeland Security of the House of 
                Representatives, and the Committee on Homeland 
                Security and Governmental Affairs of the 
                Senate, information for the preceding year 
                regarding--
                          (i) the number and type of seizures 
                        of drugs by each component of the 
                        Department of Homeland Security seizing 
                        drugs, as well as statistical 
                        information on the geographic areas of 
                        such seizures; and
                          (ii) the number of air and maritime 
                        patrol hours undertaken by each 
                        component of that Department primarily 
                        dedicated to drug supply reduction 
                        missions.
                  (D) Secretary of defense.--The Secretary of 
                Defense shall, by July 1 of each year, submit 
                to the Director, the appropriate congressional 
                committees, the Committee on Armed Services of 
                the House of Representatives, and the Committee 
                on Armed Services of the Senate, information 
                for the preceding year regarding the number of 
                air and maritime patrol hours primarily 
                dedicated to drug supply reduction missions 
                undertaken by each component of the Department 
                of Defense.
  (b) Certification of Policy Changes to Director.--
          (1) * * *
          (2) Exception.--If prior notice of a proposed change 
        under paragraph (1) is not practicable--
                  (A) * * *
                  (B) upon such notification, the Director 
                shall review the change and certify to the head 
                of that agency in writing whether the change is 
                consistent with the National Drug Control 
                [Program.] Strategy.
  (c) General Services Administration.--The Administrator of 
General Services shall provide to the Director, [in] on a 
reimbursable basis, such administrative support services as the 
Director may request.

           *       *       *       *       *       *       *

[SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
                    NATIONAL DRUG CONTROL STRATEGY.

  [(a) Timing, Contents, and Process for Development and 
Submission of National Drug Control Strategy.--
          [(1) Timing.--Not later than February 1, 1999, the 
        President shall submit to Congress a National Drug 
        Control Strategy, which shall set forth a comprehensive 
        plan, covering a period of not more than 5 years, for 
        reducing drug abuse and the consequences of drug abuse 
        in the United States, by limiting the availability of 
        and reducing the demand for illegal drugs.
          [(2) Contents.--
                  [(A) In general.--The National Drug Control 
                Strategy submitted under paragraph (1) shall 
                include--
                          [(i) comprehensive, research-based, 
                        long-range, quantifiable, goals for 
                        reducing drug abuse and the 
                        consequences of drug abuse in the 
                        United States;
                          [(ii) annual, quantifiable, and 
                        measurable objectives and specific 
                        targets to accomplish long-term 
                        quantifiable goals that the Director 
                        determines may be achieved during each 
                        year of the period beginning on the 
                        date on which the National Drug Control 
                        Strategy is submitted;
                          [(iii) 5-year projections for program 
                        and budget priorities; and
                          [(iv) a review of international, 
                        State, local, and private sector drug 
                        control activities to ensure that the 
                        United States pursues well-coordinated 
                        and effective drug control at all 
                        levels of government.
                  [(B) Classified information.--Any contents of 
                the National Drug Control Strategy that 
                involves information properly classified under 
                criteria established by an Executive order 
                shall be presented to Congress separately from 
                the rest of the National Drug Control Strategy.
          [(3) Process for development and submission.--
                  [(A) Consultation.--In developing and 
                effectively implementing the National Drug 
                Control Strategy, the Director--
                          [(i) shall consult with--
                                  [(I) the heads of the 
                                National Drug Control Program 
                                agencies;
                                  [(II) Congress;
                                  [(III) State and local 
                                officials;
                                  [(IV) private citizens and 
                                organizations with experience 
                                and expertise in demand 
                                reduction;
                                  [(V) private citizens and 
                                organizations with experience 
                                and expertise in supply 
                                reduction; and
                                  [(VI) appropriate 
                                representatives of foreign 
                                governments;
                          [(ii) with the concurrence of the 
                        Attorney General, may require the El 
                        Paso Intelligence Center to undertake 
                        specific tasks or projects to implement 
                        the National Drug Control Strategy; and
                          [(iii) with the concurrence of the 
                        Director of Central Intelligence and 
                        the Attorney General, may request that 
                        the National Drug Intelligence Center 
                        undertake specific tasks or projects to 
                        implement the National Drug Control 
                        Strategy.
                  [(B) Inclusion in strategy.--The National 
                Drug Control Strategy under this subsection, 
                and each report submitted under subsection (b), 
                shall include a list of each entity consulted 
                under subparagraph (A)(i).
          [(4) Specific targets.--The targets in the National 
        Drug Control Strategy shall include the following:
                  [(A) Reduction of unlawful drug use to 3 
                percent of the population of the United States 
                or less by December 31, 2003 (as measured in 
                terms of overall illicit drug use during the 
                past 30 days by the National Household Survey), 
                and achievement of at least 20 percent of such 
                reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                  [(B) Reduction of adolescent unlawful drug 
                use (as measured in terms of illicit drug use 
                during the past 30 days by the Monitoring the 
                Future Survey of the University of Michigan or 
                the National PRIDE Survey conducted by the 
                National Parents' Resource Institute for Drug 
                Education) to 3 percent of the adolescent 
                population of the United States or less by 
                December 31, 2003, and achievement of at least 
                20 percent of such reduction during each of 
                1999, 2000, 2001, 2002, and 2003st.
                  [(C) Reduction of the availability of 
                cocaine, heroin, marijuana, and methamphetamine 
                in the United States by 80 percent by December 
                31, 2003.
                  [(D) Reduction of the respective nationwide 
                average street purity levels for cocaine, 
                heroin, marijuana, and methamphetamine (as 
                estimated by the interagency drug flows 
                assessment led by the Office of National Drug 
                Control Policy, and based on statistics 
                collected by the Drug Enforcement 
                Administration and other National Drug Control 
                Program agencies identified as relevant by the 
                Director) by 60 percent by December 31, 2003, 
                and achievement of at least 20 percent of each 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003.
                  [(E) Reduction of drug-related crime in the 
                United States by 50 percent by December 31, 
                2003, and achievement of at least 20 percent of 
                such reduction during each of 1999, 2000, 2001, 
                2002, and 2003, including--
                          [(i) reduction of State and Federal 
                        unlawful drug trafficking and 
                        distribution;
                          [(ii) reduction of State and Federal 
                        crimes committed by persons under the 
                        influence of unlawful drugs;
                          [(iii) reduction of State and Federal 
                        crimes committed for the purpose of 
                        obtaining unlawful drugs or obtaining 
                        property that is intended to be used 
                        for the purchase of unlawful drugs; and
                          [(iv) reduction of drug-related 
                        emergency room incidents in the United 
                        States (as measured by data of the Drug 
                        Abuse Warning Network on illicit drug 
                        abuse), including incidents involving 
                        gunshot wounds and automobile accidents 
                        in which illicit drugs are identified 
                        in the bloodstream of the victim, by 50 
                        percent by December 31, 2003.
          [(5) Further reductions in drug use, availability, 
        and crime.--Following the submission of a National Drug 
        Control Strategy under this section to achieve the 
        specific targets described in paragraph (4), the 
        Director may formulate a strategy for additional 
        reductions in drug use and availability and drug-
        related crime beyond the 5-year period covered by the 
        National Drug Control Strategy that has been submitted.
  [(b) Annual Strategy Report.--
          [(1) In general.--Not later than February 1, 1999, 
        and on February 1 of each year thereafter, the 
        President shall submit to Congress a report on the 
        progress in implementing the Strategy under subsection 
        (a), which shall include--
                  [(A) an assessment of the Federal 
                effectiveness in achieving the National Drug 
                Control Strategy goals and objectives using the 
                performance measurement system described in 
                subsection (c), including--
                          [(i) an assessment of drug use and 
                        availability in the United States; and
                          [(ii) an estimate of the 
                        effectiveness of interdiction, 
                        treatment, prevention, law enforcement, 
                        and international programs under the 
                        National Drug Control Strategy in 
                        effect during the preceding year, or in 
                        effect as of the date on which the 
                        report is submitted;
                  [(B) any modifications of the National Drug 
                Control Strategy or the performance measurement 
                system described in subsection (c);
                  [(C) an assessment of the manner in which the 
                budget proposal submitted under section 704(c) 
                is intended to implement the National Drug 
                Control Strategy and whether the funding levels 
                contained in such proposal are sufficient to 
                implement such Strategy;
                  [(D) measurable data evaluating the success 
                or failure in achieving the annual measurable 
                objectives described in subsection 
                (a)(2)(A)(ii);
                  [(E) an assessment of current drug use 
                (including inhalants) and availability, impact 
                of drug use, and treatment availability, which 
                assessment shall include--
                          [(i) estimates of drug prevalence and 
                        frequency of use as measured by 
                        national, State, and local surveys of 
                        illicit drug use and by other special 
                        studies of--
                                  [(I) casual and chronic drug 
                                use;
                                  [(II) high-risk populations, 
                                including school dropouts, the 
                                homeless and transient, 
                                arrestees, parolees, 
                                probationers, and juvenile 
                                delinquents; and
                                  [(III) drug use in the 
                                workplace and the productivity 
                                lost by such use;
                          [(ii) an assessment of the reduction 
                        of drug availability against an 
                        ascertained baseline, as measured by--
                                  [(I) the quantities of 
                                cocaine, heroin, marijuana, 
                                methamphetamine, and other 
                                drugs available for consumption 
                                in the United States;
                                  [(II) the amount of 
                                marijuana, cocaine, heroin, and 
                                precursor chemicals entering 
                                the United States;
                                  [(III) the number of hectares 
                                of marijuana, poppy, and coca 
                                cultivated and destroyed 
                                domestically and in other 
                                countries;
                                  [(IV) the number of metric 
                                tons of marijuana, heroin, 
                                cocaine, and methamphetamine 
                                seized;
                                  [(V) the number of cocaine 
                                and methamphetamine processing 
                                laboratories destroyed 
                                domestically and in other 
                                countries;
                                  [(VI) changes in the price 
                                and purity of heroin and 
                                cocaine, changes in the price 
                                of methamphetamine, and changes 
                                in tetrahydrocannabinol level 
                                of marijuana;
                                  [(VII) the amount and type of 
                                controlled substances diverted 
                                from legitimate retail and 
                                wholesale sources; and
                                  [(VIII) the effectiveness of 
                                Federal technology programs at 
                                improving drug detection 
                                capabilities in interdiction, 
                                and at United States ports of 
                                entry;
                          [(iii) an assessment of the reduction 
                        of the consequences of drug use and 
                        availability, which shall include 
                        estimation of--
                                  [(I) the burden drug users 
                                placed on hospital emergency 
                                departments in the United 
                                States, such as the quantity of 
                                drug-related services provided;
                                  [(II) the annual national 
                                health care costs of drug use, 
                                including costs associated with 
                                people becoming infected with 
                                the human immunodeficiency 
                                virus and other infectious 
                                diseases as a result of drug 
                                use;
                                  [(III) the extent of drug-
                                related crime and criminal 
                                activity; and
                                  [(IV) the contribution of 
                                drugs to the underground 
                                economy, as measured by the 
                                retail value of drugs sold in 
                                the United States;
                          [(iv) a determination of the status 
                        of drug treatment in the United States, 
                        by assessing--
                                  [(I) public and private 
                                treatment capacity within each 
                                State, including information on 
                                the treatment capacity 
                                available in relation to the 
                                capacity actually used;
                                  [(II) the extent, within each 
                                State, to which treatment is 
                                available;
                                  [(III) the number of drug 
                                users the Director estimates 
                                could benefit from treatment; 
                                and
                                  [(IV) the specific factors 
                                that restrict the availability 
                                of treatment services to those 
                                seeking it and proposed 
                                administrative or legislative 
                                remedies to make treatment 
                                available to those individuals; 
                                and
                          [(v) a review of the research agenda 
                        of the Counter-Drug Technology 
                        Assessment Center to reduce the 
                        availability and abuse of drugs; and
                  [(F) an assessment of private sector 
                initiatives and cooperative efforts between the 
                Federal Government and State and local 
                governments for drug control.
          [(2) Submission of revised strategy.--The President 
        may submit to Congress a revised National Drug Control 
        Strategy that meets the requirements of this section--
                  [(A) at any time, upon a determination by the 
                President, in consultation with the Director, 
                that the National Drug Control Strategy in 
                effect is not sufficiently effective; and
                  [(B) if a new President or Director takes 
                office.
          [(3) 1999 strategy report.--With respect to the 
        Strategy report required to be submitted by this 
        subsection on February 1, 1999, the President shall 
        prepare the report using such information as is 
        available for the period covered by the report.
  [(c) Performance Measurement System.--
          [(1) Sense of congress.--It is the sense of Congress 
        that--
                  [(A) the targets described in subsection (a) 
                are important to the reduction of overall drug 
                use in the United States;
                  [(B) the President should seek to achieve 
                those targets during the 5 years covered by the 
                National Drug Control Strategy required to be 
                submitted under subsection (a);
                  [(C) the purpose of such targets and the 
                annual reports to Congress on the progress 
                towards achieving the targets is to allow for 
                the annual restructuring of appropriations by 
                the Appropriations Committees and authorizing 
                committees of jurisdiction of Congress to meet 
                the goals described in this Act;
                  [(D) the performance measurement system 
                developed by the Director described in this 
                subsection is central to the National Drug 
                Control Program targets, programs, and budget; 
                and
                  [(E) the Congress strongly endorses the 
                performance measurement system for establishing 
                clear outcomes for reducing drug use nationwide 
                during the next five years, and the linkage of 
                this system to all agency drug control programs 
                and budgets receiving funds scored as drug 
                control agency funding.
          [(2) Submission to congress.--Not later than February 
        1, 1999, the Director shall submit to Congress a 
        description of the national drug control performance 
        measurement system, designed in consultation with 
        affected National Drug Control Program agencies, that--
                  [(A) develops performance objectives, 
                measures, and targets for each National Drug 
                Control Strategy goal and objective;
                  [(B) revises performance objectives, 
                measures, and targets, to conform with National 
                Drug Control Program Agency budgets;
                  [(C) identifies major programs and activities 
                of the National Drug Control Program agencies 
                that support the goals and objectives of the 
                National Drug Control Strategy;
                  [(D) evaluates in detail the implementation 
                by each National Drug Control Program agency of 
                program activities supporting the National Drug 
                Control Strategy;
                  [(E) monitors consistency between the drug-
                related goals and objectives of the National 
                Drug Control Program agencies and ensures that 
                drug control agency goals and budgets support 
                and are fully consistent with the National Drug 
                Control Strategy; and
                  [(F) coordinates the development and 
                implementation of national drug control data 
                collection and reporting systems to support 
                policy formulation and performance measurement, 
                including an assessment of--
                          [(i) the quality of current drug use 
                        measurement instruments and techniques 
                        to measure supply reduction and demand 
                        reduction activities;
                          [(ii) the adequacy of the coverage of 
                        existing national drug use measurement 
                        instruments and techniques to measure 
                        the casual drug user population and 
                        groups that are at risk for drug use; 
                        and
                          [(iii) the actions the Director shall 
                        take to correct any deficiencies and 
                        limitations identified pursuant to 
                        subparagraphs (A) and (B) of subsection 
                        (b)(4).
          [(3) Modifications.--A description of any 
        modifications made during the preceding year to the 
        national drug control performance measurement system 
        described in paragraph (2) shall be included in each 
        report submitted under subsection (b).

[SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

  [(a) Establishment.--There is established in the Office a 
program to be known as the High Intensity Drug Trafficking 
Areas Program.
  [(b) Designation.--The Director, upon consultation with the 
Attorney General, the Secretary of the Treasury, heads of the 
National Drug Control Program agencies, and the Governor of 
each applicable State, may designate any specified area of the 
United States as a high intensity drug trafficking area. After 
making such a designation and in order to provide Federal 
assistance to the area so designated, the Director may--
          [(1) obligate such sums as appropriated for the High 
        Intensity Drug Trafficking Areas Program;
          [(2) direct the temporary reassignment of Federal 
        personnel to such area, subject to the approval of the 
        head of the department or agency that employs such 
        personnel;
          [(3) take any other action authorized under section 
        704 to provide increased Federal assistance to those 
        areas;
          [(4) coordinate activities under this subsection 
        (specifically administrative, recordkeeping, and funds 
        management activities) with State and local officials.
  [(c) Factors for Consideration.--In considering whether to 
designate an area under this section as a high intensity drug 
trafficking area, the Director shall consider, in addition to 
such other criteria as the Director considers to be 
appropriate, the extent to which--
          [(1) the area is a center of illegal drug production, 
        manufacturing, importation, or distribution;
          [(2) State and local law enforcement agencies have 
        committed resources to respond to the drug trafficking 
        problem in the area, thereby indicating a determination 
        to respond aggressively to the problem;
          [(3) drug-related activities in the area are having a 
        harmful impact in other areas of the country; and
          [(4) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-
        related activities in the area.
  [(d) Use of Funds.--The Director shall ensure that no Federal 
funds appropriated for the High Intensity Drug Trafficking 
Program are expended for the establishment or expansion of drug 
treatment programs.]

SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
                    NATIONAL DRUG CONTROL STRATEGY.

  (a) Timing, Contents, and Process for Development and 
Submission of National Drug Control Strategy.--
          (1) In general.--Not later than February 1 of each 
        year, the President shall submit to Congress a National 
        Drug Control Strategy, which shall set forth a 
        comprehensive plan for reducing illicit drug use and 
        the consequences of illicit drug use in the United 
        States by reducing the demand for illegal drugs, 
        limiting the availability of illegal drugs, and 
        conducting law enforcement activities with respect to 
        illegal drugs.
          (2) Contents.--
                  (A) In general.--The National Drug Control 
                Strategy submitted under paragraph (1) shall 
                include the following:
                          (i) Comprehensive, research-based, 
                        long-range, and quantifiable goals for 
                        reducing illicit drug use and the 
                        consequences of illicit drug use in the 
                        United States.
                          (ii) Annual quantifiable objectives 
                        for demand reduction, supply reduction, 
                        and law enforcement activities, 
                        specific targets to accomplish long-
                        range quantifiable reduction in illicit 
                        drug use as determined by the Director, 
                        and specific measurements to evaluate 
                        progress toward the targets and 
                        strategic goals.
                          (iii) A strategy to reduce the 
                        availability and purity of illegal 
                        drugs and the level of drug-related 
                        crime in the United States.
                          (iv) An assessment of Federal 
                        effectiveness in achieving the National 
                        Drug Control Strategy for the previous 
                        year, including a specific evaluation 
                        of whether the objectives and targets 
                        for reducing illicit drug use for the 
                        previous year were met and reasons for 
                        the success or failure of the previous 
                        year's Strategy.
                          (v) A general review of the status 
                        of, and trends in, international, 
                        State, and local drug control 
                        activities to ensure that the United 
                        States pursues well-coordinated and 
                        effective drug control at all levels of 
                        government.
                          (vi) A general review of the status 
                        of, and trends in, demand reduction 
                        activities by private sector entities 
                        and community-based organizations, 
                        including faith-based organizations, to 
                        determine their effectiveness and the 
                        extent of cooperation, coordination, 
                        and mutual support between such 
                        entities and organizations and Federal, 
                        State, and local government agencies.
                          (vii) An assessment of current 
                        illicit drug use (including inhalants 
                        and steroids) and availability, impact 
                        of illicit drug use, and treatment 
                        availability, which assessment shall 
                        include--
                                  (I) estimates of drug 
                                prevalence and frequency of use 
                                as measured by national, State, 
                                and local surveys of illicit 
                                drug use and by other special 
                                studies of nondependent and 
                                dependent illicit drug use;
                                  (II) illicit drug use in the 
                                workplace and the productivity 
                                lost by such use; and
                                  (III) illicit drug use by 
                                arrestees, probationers, and 
                                parolees.
                          (viii) An assessment of the reduction 
                        of illicit drug availability, as 
                        measured by--
                                  (I) the quantities of 
                                cocaine, heroin, marijuana, 
                                methamphetamine, ecstasy, and 
                                other drugs available for 
                                consumption in the United 
                                States;
                                  (II) the amount of marijuana, 
                                cocaine, heroin, 
                                methamphetamine, ecstasy, and 
                                precursor chemicals and other 
                                drugs entering the United 
                                States;
                                  (III) the number of illicit 
                                drug manufacturing laboratories 
                                seized and destroyed and the 
                                number of hectares of 
                                marijuana, poppy, and coca 
                                cultivated and destroyed 
                                domestically and in other 
                                countries;
                                  (IV) the number of metric 
                                tons of marijuana, heroin, 
                                cocaine, and methamphetamine 
                                seized and other drugs; and
                                  (V) changes in the price and 
                                purity of heroin, 
                                methamphetamine, and cocaine, 
                                changes in the price of 
                                ecstasy, and changes in 
                                tetrahydrocannabinol level of 
                                marijuana and other drugs.
                          (ix) An assessment of the reduction 
                        of the consequences of illicit drug use 
                        and availability, which shall include--
                                  (I) the burden illicit drug 
                                users place on hospital 
                                emergency departments in the 
                                United States, such as the 
                                quantity of illicit drug-
                                related services provided;
                                  (II) the annual national 
                                health care cost of illicit 
                                drug use; and
                                  (III) the extent of illicit 
                                drug-related crime and criminal 
                                activity.
                          (x) A general review of the status 
                        of, and trends in, of drug treatment in 
                        the United States, by assessing--
                                  (I) public and private 
                                treatment utilization; and
                                  (II) the number of illicit 
                                drug users the Director 
                                estimates meet diagnostic 
                                criteria for treatment.
                          (xi) A review of the research agenda 
                        of the Counterdrug Technology 
                        Assessment Center to reduce the 
                        availability and abuse of drugs.
                          (xii) A summary of the efforts made 
                        by Federal agencies to coordinate with 
                        private sector entities to conduct 
                        private research and development of 
                        medications to treat addiction by--
                                  (I) screening chemicals for 
                                potential therapeutic value;
                                  (II) developing promising 
                                compounds;
                                  (III) conducting clinical 
                                trials;
                                  (IV) seeking, where 
                                appropriate, Food and Drug 
                                Administration approval for 
                                drugs to treat addiction;
                                  (V) marketing, where 
                                appropriate, the drug for the 
                                treatment of addiction;
                                  (VI) urging physicians, where 
                                appropriate, to use the drug in 
                                the treatment of addiction; and
                                  (VII) encouraging, where 
                                appropriate, insurance 
                                companies to reimburse the cost 
                                of the drug for the treatment 
                                of addiction.
                          (xiii) Such additional statistical 
                        data and information as the Director 
                        considers appropriate to demonstrate 
                        and assess trends relating to illicit 
                        drug use, the effects and consequences 
                        of illicit drug use, supply reduction, 
                        demand reduction, drug-related law 
                        enforcement, and the implementation of 
                        the National Drug Control Strategy.
                          (xiv) A supplement reviewing the 
                        activities of each individual National 
                        Drug Control Program agency during the 
                        previous year with respect to the 
                        National Drug Control Strategy and the 
                        Director's assessment of the progress 
                        of each National Drug Control Program 
                        agency in meeting its responsibilities 
                        under the National Drug Control 
                        Strategy.
                  (B) Classified information.--Any contents of 
                the National Drug Control Strategy that involve 
                information properly classified under criteria 
                established by an Executive order shall be 
                presented to Congress separately from the rest 
                of the National Drug Control Strategy.
                  (C) Selection of data and information.--In 
                selecting data and information for inclusion 
                under subparagraph (A), the Director shall 
                ensure--
                          (i) the inclusion of data and 
                        information that will permit analysis 
                        of current trends against previously 
                        compiled data and information where the 
                        Director believes such analysis 
                        enhances long-term assessment of the 
                        National Drug Control Strategy; and
                          (ii) the inclusion of data and 
                        information to permit a standardized 
                        and uniform assessment of the 
                        effectiveness of drug treatment 
                        programs in the United States.
          (3) Process for development and submission.--
                  (A) Consultation.--In developing and 
                effectively implementing the National Drug 
                Control Strategy, the Director--
                          (i) shall consult with--
                                  (I) the heads of the National 
                                Drug Control Program agencies;
                                  (II) Congress;
                                  (III) State and local 
                                officials;
                                  (IV) private citizens and 
                                organizations, including 
                                community- and faith-based 
                                organizations, with experience 
                                and expertise in demand 
                                reduction;
                                  (V) private citizens and 
                                organizations with experience 
                                and expertise in supply 
                                reduction;
                                  (VI) private citizens and 
                                organizations with experience 
                                and expertise in law 
                                enforcement; and
                                  (VII) appropriate 
                                representatives of foreign 
                                governments;
                          (ii) with the concurrence of the 
                        Attorney General, may require the El 
                        Paso Intelligence Center to undertake 
                        specific tasks or projects to implement 
                        the National Drug Control Strategy;
                          (iii) with the concurrence of the 
                        Director of National Intelligence and 
                        the Attorney General, may request that 
                        the National Drug Intelligence Center 
                        undertake specific tasks or projects to 
                        implement the National Drug Control 
                        Strategy; and
                          (iv) may make recommendations to the 
                        Secretary of Health and Human Services 
                        on research that supports or advances 
                        the National Drug Control Strategy.
                  (B) Commitment to support strategy.--In 
                satisfying the requirements of subparagraph 
                (A)(i), the Director shall ensure, to the 
                maximum extent possible, that State and local 
                officials and relevant private organizations 
                commit to support and take steps to achieve the 
                goals and objectives of the National Drug 
                Control Strategy.
                  (C) Recommendations.--Recommendations under 
                subparagraph (A)(iv) may include 
                recommendations of research to be performed at 
                the National Institutes of Health, including 
                the National Institute on Drug Abuse, or any 
                other appropriate agency within the Department 
                of Health and Human Services.
                  (D) Inclusion in strategy.--The National Drug 
                Control Strategy under this subsection shall 
                include a list of each entity consulted under 
                subparagraph (A)(i).
          (4) Submission of revised strategy.--The President 
        may submit to Congress a revised National Drug Control 
        Strategy that meets the requirements of this section--
                  (A) at any time, upon a determination by the 
                President, in consultation with the Director, 
                that the National Drug Control Strategy in 
                effect is not sufficiently effective; or
                  (B) if a new President or Director takes 
                office.
  (b) Performance Measurement System.--Not later than February 
1 of each year, the Director shall submit to Congress, as part 
of the National Drug Control Strategy, a description of a 
national drug control performance measurement system that--
          (1) develops 2-year and 5-year performance measures 
        and targets for each National Drug Control Strategy 
        goal and objective established for reducing drug use, 
        drug availability, and the consequences of drug use;
          (2) describes the sources of information and data 
        that will be used for each performance measure 
        incorporated into the performance measurement system;
          (3) identifies major programs and activities of the 
        National Drug Control Program agencies that support the 
        goals and annual objectives of the National Drug 
        Control Strategy;
          (4) evaluates the contribution of demand reduction 
        and supply reduction activities implemented by each 
        National Drug Control Program agency in support of the 
        National Drug Control Strategy;
          (5) monitors consistency of drug-related goals and 
        objectives among the National Drug Control Program 
        agencies and ensures that each agency's goals, 
        objectives, and budgets support and are fully 
        consistent with the National Drug Control Strategy; and
          (6) coordinates the development and implementation of 
        national drug control data collection and reporting 
        systems to support policy formulation and performance 
        measurement, including an assessment of--
                  (A) the quality of current drug use 
                measurement instruments and techniques to 
                measure supply reduction and demand reduction 
                activities;
                  (B) the adequacy of the coverage of existing 
                national drug use measurement instruments and 
                techniques to measure the illicit drug user 
                population, and groups that are at risk for 
                illicit drug use; and
                  (C) the adequacy of the coverage of existing 
                national treatment outcome monitoring systems 
                to measure the effectiveness of drug abuse 
                treatment in reducing illicit drug use and 
                criminal behavior during and after the 
                completion of substance abuse treatment; and
          (7) identifies the actions the Director shall take to 
        correct any inadequacies, deficiencies, or limitations 
        identified in the assessment described in paragraph 
        (6).
  (c) Modifications.--A description of any modifications made 
during the preceding year to the national drug performance 
measurement system described in subsection (b) shall be 
included in each report submitted under subsection (a).

SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

  (a) Establishment.--
          (1) In general.--There is established in the Office a 
        program to be known as the High Intensity Drug 
        Trafficking Areas Program (in this section referred to 
        as the ``Program'').
          (2) Purpose.--The purpose of the Program is to reduce 
        drug trafficking and drug production in the United 
        States by--
                  (A) facilitating cooperation among Federal, 
                State, and local law enforcement agencies to 
                share information and implement coordinated 
                enforcement activities;
                  (B) enhancing intelligence sharing among 
                Federal, State, and local law enforcement 
                agencies;
                  (C) providing reliable intelligence to law 
                enforcement agencies needed to design effective 
                enforcement strategies and operations; and
                  (D) supporting coordinated law enforcement 
                strategies which maximize use of available 
                resources to reduce the supply of illegal drugs 
                in designated areas and in the United States as 
                a whole.
  (b) Designation.--The Director, upon consultation with the 
Attorney General, the Secretary of the Treasury, the Secretary 
of Homeland Security, heads of the National Drug Control 
Program agencies, and the Governor of each applicable State, 
may designate any specified area of the United States as a high 
intensity drug trafficking area. After making such a 
designation and in order to provide Federal assistance to the 
area so designated, the Director may--
          (1) obligate such sums as are appropriated for the 
        Program;
          (2) direct the temporary reassignment of Federal 
        personnel to such area, subject to the approval of the 
        head of the department or agency that employs such 
        personnel;
          (3) take any other action authorized under section 
        704 to provide increased Federal assistance to those 
        areas; and
          (4) coordinate activities under this section 
        (specifically administrative, recordkeeping, and funds 
        management activities) with State and local officials.
  (c) Petitions for Designation.--The Director shall establish 
regulations under which a coalition of interested law 
enforcement agencies from an area may petition for designation 
as a high intensity drug trafficking area. Such regulations 
shall provide for a regular review by the Director of the 
petition, including a recommendation regarding the merit of the 
petition to the Director by a panel of qualified, independent 
experts.
  (d) Factors for Consideration.--In considering whether to 
designate an area under this section as a high intensity drug 
trafficking area, the Director shall consider, in addition to 
such other criteria as the Director considers to be 
appropriate, the extent to which--
          (1) the area is a significant center of illegal drug 
        production, manufacturing, importation, or 
        distribution;
          (2) State and local law enforcement agencies have 
        committed resources to respond to the drug trafficking 
        problem in the area, thereby indicating a determination 
        to respond aggressively to the problem;
          (3) drug-related activities in the area are having a 
        significant harmful impact in the area, and in other 
        areas of the country; and
          (4) a significant increase in allocation of Federal 
        resources is necessary to respond adequately to drug-
        related activities in the area.
  (e) Organization of High Intensity Drug Trafficking Areas.--
          (1) Executive board and officers.--To be eligible for 
        funds appropriated under this section, each high 
        intensity drug trafficking area shall be governed by an 
        Executive Board. The Executive Board shall designate a 
        chairman, vice chairman, and any other officers to the 
        Executive Board that it determines are necessary.
          (2) Responsibilities.--The Executive Board of a high 
        intensity drug trafficking area shall be responsible 
        for--
                  (A) providing direction and oversight in 
                establishing and achieving the goals of the 
                high intensity drug trafficking area;
                  (B) managing the funds of the high intensity 
                drug trafficking area;
                  (C) reviewing and approving all funding 
                proposals consistent with the overall objective 
                of the high intensity drug trafficking area; 
                and
                  (D) reviewing and approving all reports to 
                the Director on the activities of the high 
                intensity drug trafficking area.
          (3) Board representation.--None of the funds 
        appropriated under this section may be expended for any 
        high intensity drug trafficking area, or for a 
        partnership or region of a high intensity drug 
        trafficking area, if that area's, region's or 
        partnership's Executive Board does not apportion an 
        equal number of votes between representatives of 
        participating Federal agencies and representatives of 
        participating State and local agencies. Where it is 
        impractical for a equal number of representatives of 
        Federal agencies and State and local agencies to attend 
        a meeting of an Executive Board in person, the 
        Executive Board may use a system of proxy votes or 
        weighted votes to achieve the voting balance required 
        by this paragraph.
          (4) No agency relationship.--The eligibility 
        requirements of this section are intended to ensure the 
        responsible use of Federal funds. Nothing in this 
        section is intended to create an agency relationship 
        between individual high intensity drug trafficking 
        areas and the Federal Government.
  (f) Use of Funds.--The Director shall ensure that no Federal 
funds appropriated for the Program are expended for the 
establishment or expansion of drug treatment or drug use 
prevention programs.
  (g) Counterterrorism Activities.--
          (1) Assistance authorized.--The Director may 
        authorize use of resources available for the Program to 
        assist Federal, State, and local law enforcement 
        agencies in investigations and activities related to 
        terrorism and prevention of terrorism, especially but 
        not exclusively with respect to such investigations and 
        activities that are also related to drug trafficking.
          (2) Limitation.--The Director shall ensure--
                  (A) that assistance provided under paragraph 
                (1) remains incidental to the purpose of the 
                Program to reduce drug availability and carry 
                out drug-related law enforcement activities; 
                and
                  (B) that significant resources of the Program 
                are not redirected to activities exclusively 
                related to terrorism, except on a temporary 
                basis under extraordinary circumstances, as 
                determined by the Director.
  (h) Role of Drug Enforcement Administration.--The Director, 
in consultation with the Attorney General, shall ensure that a 
representative of the Drug Enforcement Administration is 
included in the Intelligence Support Center for each high 
intensity drug trafficking area.
  (i) Annual HIDTA Program Budget Submissions.--As part of the 
documentation that supports the President's annual budget 
request for the Office, the Director shall submit to Congress a 
budget justification that includes the following:
          (1) The amount requested for each high intensity drug 
        trafficking area with supporting narrative descriptions 
        and rationale for each request.
          (2) A detailed justification for each funding request 
        that explains the reasons for the requested funding 
        level, how such funding level was determined based on a 
        current assessment of the drug trafficking threat in 
        each high intensity drug trafficking area, how such 
        funding will ensure that the goals and objectives of 
        each such area will be achieved, and how such funding 
        supports the National Drug Control Strategy.
  (j) Emerging Threat Response Fund.--
          (1) In general.--The Director may expend up to 10 
        percent of the amounts appropriated under this section 
        on a discretionary basis, to respond to any emerging 
        drug trafficking threat in an existing high intensity 
        drug trafficking area, or to establish a new high 
        intensity drug trafficking area or expand an existing 
        high intensity drug trafficking area, in accordance 
        with the criteria established under paragraph (2).
          (2) Consideration of impact.--In allocating funds 
        under this subsection, the Director shall consider--
                  (A) the impact of activities funded on 
                reducing overall drug traffic in the United 
                States, or minimizing the probability that an 
                emerging drug trafficking threat will spread to 
                other areas of the United States; and
                  (B) such other criteria as the Director 
                considers appropriate.
  (k) Evaluation.--
          (1) Initial report.--Not later than 90 days after the 
        date of the enactment of this subsection, the Director 
        shall, after consulting with the Executive Boards of 
        each designated high intensity drug trafficking area, 
        submit a report to Congress that describes, for each 
        designated high intensity drug trafficking area--
                  (A) the specific purposes for the high 
                intensity drug trafficking area;
                  (B) the specific long-term and short-term 
                goals and objectives for the high intensity 
                drug trafficking area;
                  (C) the measurements that will be used to 
                evaluate the performance of the high intensity 
                drug trafficking area in achieving the long-
                term and short-term goals; and
                  (D) the reporting requirements needed to 
                evaluate the performance of the high intensity 
                drug trafficking area in achieving the long-
                term and short-term goals.
          (2) Evaluation of hidta program as part of national 
        drug control strategy.--For each designated high 
        intensity drug trafficking area, the Director shall 
        submit, as part of the annual National Drug Control 
        Strategy report, a report that--
                  (A) describes--
                          (i) the specific purposes for the 
                        high intensity drug trafficking area; 
                        and
                          (ii) the specific long-term and 
                        short-term goals and objectives for the 
                        high intensity drug trafficking area; 
                        and
                  (B) includes an evaluation of the performance 
                of the high intensity drug trafficking area in 
                accomplishing the specific long-term and short-
                term goals and objectives identified under 
                paragraph (1)(B).
  (l) Assessment of Drug Enforcement Task Forces in High 
Intensity Drug Trafficking Areas.--Not later than 180 days 
after the date of enactment of this subsection, and as part of 
each subsequent annual National Drug Control Strategy report, 
the Director shall submit to Congress a report--
          (1) assessing the number and operation of all 
        federally funded drug enforcement task forces within 
        each high intensity drug trafficking area; and
          (2) describing--
                  (A) each Federal, State, and local drug 
                enforcement task force operating in the high 
                intensity drug trafficking area;
                  (B) how such task forces coordinate with each 
                other, with any high intensity drug trafficking 
                area task force, and with investigations 
                receiving funds from the Organized Crime and 
                Drug Enforcement Task Force;
                  (C) what steps, if any, each such task force 
                takes to share information regarding drug 
                trafficking and drug production with other 
                federally funded drug enforcement task forces 
                in the high intensity drug trafficking area;
                  (D) the role of the high intensity drug 
                trafficking area in coordinating the sharing of 
                such information among task forces;
                  (E) the nature and extent of cooperation by 
                each Federal, State, and local participant in 
                ensuring that such information is shared among 
                law enforcement agencies and with the high 
                intensity drug trafficking area;
                  (F) the nature and extent to which 
                information sharing and enforcement activities 
                are coordinated with joint terrorism task 
                forces in the high intensity drug trafficking 
                area; and
                  (G) any recommendations for measures needed 
                to ensure that task force resources are 
                utilized efficiently and effectively to reduce 
                the availability of illegal drugs in the high 
                intensity drug trafficking areas.
  (m) Assessment of Intelligence Sharing in High Intensity Drug 
Trafficking Areas--program.--Not later than 180 days after the 
date of the enactment of this subsection, and as part of each 
subsequent annual National Drug Control Strategy report, the 
Director shall submit to Congress a report--
          (1) evaluating existing and planned intelligence 
        systems supported by each high intensity drug 
        trafficking area, or utilized by task forces receiving 
        any funding under the Program, including the extent to 
        which such systems ensure access and availability of 
        intelligence to Federal, State, and local law 
        enforcement agencies within the high intensity drug 
        trafficking area and outside of it;
          (2) the extent to which Federal, State, and local law 
        enforcement agencies participating in each high 
        intensity drug trafficking area are sharing 
        intelligence information to assess current drug 
        trafficking threats and design appropriate enforcement 
        strategies; and
          (3) the measures needed to improve effective sharing 
        of information and intelligence regarding drug 
        trafficking and drug production among Federal, State, 
        and local law enforcement participating in a high 
        intensity drug trafficking area, and between such 
        agencies and similar agencies outside the high 
        intensity drug trafficking area.
  (n) Authorization of Appropriations.--There is authorized to 
be appropriated to the Office of National Drug Control Policy 
to carry out this section--
          (1) $280,000,000 for fiscal year 2006;
          (2) $290,000,000 for each of fiscal years 2007 and 
        2008; and
          (3) $300,000,000 for each of fiscal years 2009 and 
        2010.
  (o) Specific Purposes.--
          (1) In general.--The Director shall ensure that, of 
        the amounts appropriated for a fiscal year for the 
        Program, at least $5,000,000 is used in high intensity 
        drug trafficking areas with severe neighborhood safety 
        and illegal drug distribution problems.
          (2) Required uses.--The funds used under paragraph 
        (1) shall be used--
                  (A) to ensure the safety of neighborhoods and 
                the protection of communities, including the 
                prevention of the intimidation of potential 
                witnesses of illegal drug distribution and 
                related activities; and
                  (B) to combat illegal drug trafficking 
                through such methods as the Director considers 
                appropriate, such as establishing or operating 
                (or both) a toll-free telephone hotline for use 
                by the public to provide information about 
                illegal drug-related activities.

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

  (a) Establishment.--There is established within the Office 
the Counter-Drug Technology Assessment Center (referred to in 
this section as the ``Center''). The Center shall operate under 
the authority of the Director of National Drug Control Policy 
and shall serve as the central counter-drug technology research 
and development organization of the United States Government.
  (b) [Director of Technology.--] Chief Scientist.--There shall 
be at the head of the Center the [Director of Technology,] 
Chief Scientist, who shall be appointed by the Director of 
National Drug Control Policy from among individuals qualified 
and distinguished in the area of science, medicine, 
engineering, or technology.
  [(c) Additional Responsibilities of the Director of National 
Drug Control Policy.--
          [(1) In general.--The Director, acting through the 
        Director of Technology shall--
                  [(A) identify and define the short-, medium-, 
                and long-term scientific and technological 
                needs of Federal, State, and local drug supply 
                reduction agencies, including--
                          [(i) advanced surveillance, tracking, 
                        and radar imaging;
                          [(ii) electronic support measures;
                          [(iii) communications;
                          [(iv) data fusion, advanced computer 
                        systems, and artificial intelligence; 
                        and
                          [(v) chemical, biological, 
                        radiological (including neutron, 
                        electron, and graviton), and other 
                        means of detection;
                  [(B) identify demand reduction basic and 
                applied research needs and initiatives, in 
                consultation with affected National Drug 
                Control Program agencies, including--
                          [(i) improving treatment through 
                        neuroscientific advances;
                          [(ii) improving the transfer of 
                        biomedical research to the clinical 
                        setting; and
                          [(iii) in consultation with the 
                        National Institute on Drug Abuse, and 
                        through interagency agreements or 
                        grants, examining addiction and 
                        rehabilitation research and the 
                        application of technology to expanding 
                        the effectiveness or availability of 
                        drug treatment;
                  [(C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) 
                according to fiscal and technological 
                feasibility, as part of a National Counter-Drug 
                Enforcement Research and Development Program;
                  [(D) oversee and coordinate counter-drug 
                technology initiatives with related activities 
                of other Federal civilian and military 
                departments;
                  [(E) provide support to the development and 
                implementation of the national drug control 
                performance measurement system; and
                  [(F) pursuant to the authority of the 
                Director of National Drug Control Policy under 
                section 704, submit requests to Congress for 
                the reprogramming or transfer of funds 
                appropriated for counter-drug technology 
                research and development.
          [(2) Limitation on authority.--The authority granted 
        to the Director under this subsection shall not extend 
        to the award of contracts, management of individual 
        projects, or other operational activities.]
  (c) Additional Responsibilities of the Director of National 
Drug Control Policy.--
          (1) In general.--The Director, acting through the 
        Chief Scientist shall--
                  (A) identify and define the short-, medium-, 
                and long-term scientific and technological 
                needs of Federal, State, and local law 
                enforcement agencies relating to drug 
                enforcement, including--
                          (i) advanced surveillance, tracking, 
                        and radar imaging;
                          (ii) electronic support measures;
                          (iii) communications;
                          (iv) data fusion, advanced computer 
                        systems, and artificial intelligence; 
                        and
                          (v) chemical, biological, 
                        radiological (including neutron, 
                        electron, and graviton), and other 
                        means of detection;
                  (B) identify demand reduction (including drug 
                prevention) basic and applied research needs 
                and initiatives, in consultation with affected 
                National Drug Control Program agencies, 
                including--
                          (i) improving treatment through 
                        neuroscientific advances;
                          (ii) improving the transfer of 
                        biomedical research to the clinical 
                        setting; and
                          (iii) in consultation with the 
                        National Institute on Drug Abuse and 
                        the Substance Abuse and Mental Health 
                        Services Administration, and through 
                        interagency agreements or grants, 
                        examining addiction and rehabilitation 
                        research and the application of 
                        technology to expanding the 
                        effectiveness or availability of drug 
                        treatment;
                  (C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) 
                according to fiscal and technological 
                feasibility, as part of a National Counterdrug 
                Research and Development Program;
                  (D) oversee and coordinate counterdrug 
                technology initiatives with related activities 
                of other Federal civilian and military 
                departments;
                  (E) provide support to the development and 
                implementation of the national drug control 
                performance measurement system established 
                under subsection (b) of section 706;
                  (F) with the advice and counsel of experts 
                from State and local law enforcement agencies, 
                oversee and coordinate a technology transfer 
                program for the transfer of technology to State 
                and local law enforcement agencies; and
                  (G) pursuant to the authority of the Director 
                of National Drug Control Policy under section 
                704, submit requests to Congress for the 
                reprogramming or transfer of funds appropriated 
                for counterdrug technology research and 
                development.
          (2) Priorities in transferring technology.--
                  (A) In general.--The Chief Scientist shall 
                give priority, in transferring technology under 
                paragraph (1)(F), based on the following 
                criteria:
                          (i) the need of potential recipients 
                        for such technology;
                          (ii) the effectiveness of the 
                        technology to enhance current 
                        counterdrug activities of potential 
                        recipients; and
                          (iii) the ability and willingness of 
                        potential recipients to evaluate 
                        transferred technology.
                  (B) Interdiction and border drug law 
                enforcement technologies.--The Chief Scientist 
                shall give priority, in transferring 
                technologies most likely to assist in drug 
                interdiction and border drug law enforcement, 
                to State, local, and tribal law enforcement 
                agencies in southwest border areas and northern 
                border areas with significant traffic in 
                illicit drugs.
          (3) Limitation on authority.--The authority granted 
        to the Director under this subsection shall not extend 
        to the direct management of individual projects or 
        other operational activities.
          (4) Report.--On or before July 1 of each year, the 
        Director shall submit a report to the appropriate 
        congressional committees that addresses the following:
                  (A) The number of requests received during 
                the previous 12 months, including the identity 
                of each requesting agency and the type of 
                technology requested.
                  (B) The number of requests fulfilled during 
                the previous 12 months, including the identity 
                of each recipient agency and the type of 
                technology transferred.
                  (C) A summary of the criteria used in making 
                the determination on what requests were funded 
                and what requests were not funded, except that 
                such summary shall not include specific 
                information on any individual requests.
                  (D) A general assessment of the future needs 
                of the program, based on expected changes in 
                threats, expected technologies, and likely need 
                from potential recipients.
                  (E) An assessment of the effectiveness of the 
                technologies transferred, based in part on the 
                evaluations provided by the recipients, with a 
                recommendation whether the technology should 
                continue to be offered through the program.
  (d) Assistance and Support to Office of National Drug Control 
Policy.--The Secretary of Defense, the Secretary of Homeland 
Security, and the Secretary of Health and Human Services shall, 
to the maximum extent practicable, render assistance and 
support to the Office and to the Director in the conduct of 
counter-drug technology assessment.

[SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

  [(a) Establishment.--There is established a council to be 
known as the President's Council on Counter-Narcotics (referred 
to in this section as the ``Council'').
  [(b) Membership.--
          [(1) In general.--Subject to paragraph (2), the 
        Council shall be composed of 18 members, of whom--
                  [(A) 1 shall be the President, who shall 
                serve as Chairman of the Council;
                  [(B) 1 shall be the Vice President;
                  [(C) 1 shall be the Secretary of State;
                  [(D) 1 shall be the Secretary of the 
                Treasury;
                  [(E) 1 shall be the Secretary of Defense;
                  [(F) 1 shall be the Attorney General;
                  [(G) 1 shall be the Secretary of 
                Transportation;
                  [(H) 1 shall be the Secretary of Health and 
                Human Services;
                  [(I) 1 shall be the Secretary of Education;
                  [(J) 1 shall be the Representative of the 
                United States of America to the United Nations;
                  [(K) 1 shall be the Director of the Office of 
                Management and Budget;
                  [(L) 1 shall be the Chief of Staff to the 
                President;
                  [(M) 1 shall be the Director of the Office, 
                who shall serve as the Executive Director of 
                the Council;
                  [(N) 1 shall be the Director of Central 
                Intelligence;
                  [(O) 1 shall be the Assistant to the 
                President for National Security Affairs;
                  [(P) 1 shall be the Counsel to the President;
                  [(Q) 1 shall be the Chairman of the Joint 
                Chiefs of Staff; and
                  [(R) 1 shall be the National Security Adviser 
                to the Vice President.
          [(2) Additional members.--The President may, in the 
        discretion of the President, appoint additional members 
        to the Council.
  [(c) Functions.--The Council shall advise and assist the 
President in--
          [(1) providing direction and oversight for the 
        national drug control strategy, including relating drug 
        control policy to other national security interests and 
        establishing priorities; and
          [(2) ensuring coordination among departments and 
        agencies of the Federal Government concerning 
        implementation of the National Drug Control Strategy.
  [(d) Administration.--
          [(1) In general.--The Council may utilize established 
        or ad hoc committees, task forces, or interagency 
        groups chaired by the Director (or a representative of 
        the Director) in carrying out the functions of the 
        Council under this section.
          [(2) Staff.--The staff of the Office, in coordination 
        with the staffs of the Vice President and the Assistant 
        to the President for National Security Affairs, shall 
        act as staff for the Council.
          [(3) Cooperation from other agencies.--Each 
        department and agency of the executive branch shall--
                  [(A) cooperate with the Council in carrying 
                out the functions of the Council under this 
                section; and
                  [(B) provide such assistance, information, 
                and advice as the Council may request, to the 
                extent permitted by law.]

SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

  (a) In General.--The Director shall conduct a national youth 
anti-drug media campaign (referred to in this subtitle as the 
``national media campaign'') in accordance with this section 
for the purposes of--
          (1) preventing drug abuse among young people in the 
        United States;
          (2) increasing awareness of adults of the impact of 
        drug abuse on young people; and
          (3) encouraging parents and other interested adults 
        to discuss with young people the dangers of illegal 
        drug use.
  (b) Use of Funds.--
          (1) In general.--Amounts made available to carry out 
        this section for the national media campaign may only 
        be used for the following:
                  (A) The purchase of media time and space, 
                including the strategic planning for, and 
                accounting of, such purchases.
                  (B) Creative and talent costs, consistent 
                with paragraph (2)(A).
                  (C) Advertising production costs.
                  (D) Testing and evaluation of advertising.
                  (E) Evaluation of the effectiveness of the 
                national media campaign.
                  (F) The negotiated fees for the winning 
                bidder on requests for proposals issued either 
                by the Office or its designee to enter into 
                contracts to carry out activities authorized by 
                this section.
                  (G) Partnerships with professional and civic 
                groups, community-based organizations, 
                including faith-based organizations, and 
                government organizations related to the 
                national media campaign.
                  (H) Entertainment industry outreach, 
                interactive outreach, media projects and 
                activities, public information, news media 
                outreach, and corporate sponsorship and 
                participation.
                  (I) Operational and management expenses.
          (2) Specific requirements.--
                  (A) Creative services.--
                          (i) In using amounts for creative and 
                        talent costs under paragraph (1)(B), 
                        the Director shall use creative 
                        services donated at no cost to the 
                        Government (including creative services 
                        provided by the Partnership for a Drug-
                        Free America) wherever feasible and may 
                        only procure creative services for 
                        advertising--
                                  (I) responding to high-
                                priority or emergent campaign 
                                needs that cannot timely be 
                                obtained at no cost; or
                                  (II) intended to reach a 
                                minority, ethnic, or other 
                                special audience that cannot 
                                reasonably be obtained at no 
                                cost; or
                                  (III) the Director determines 
                                that the Partnership for a 
                                Drug-Free America is unable to 
                                provide, pursuant to subsection 
                                (d)(2)(B).
                          (ii) No more than $1,500,000 may be 
                        expended under this section each fiscal 
                        year on creative services, except that 
                        the Director may expend up to 
                        $2,000,000 in a fiscal year on creative 
                        services to meet urgent needs of the 
                        national media campaign with advance 
                        approval from the Committee on 
                        Appropriations of the House of 
                        Representatives and of the Senate upon 
                        a showing of the circumstances causing 
                        such urgent needs of the national media 
                        campaign.
                  (B) Testing and evaluation of advertising.--
                In using amounts for testing and evaluation of 
                advertising under paragraph (1)(D), the 
                Director shall test all advertisements prior to 
                use in the national media campaign to ensure 
                that the advertisements are effective and meet 
                industry-accepted standards. The Director may 
                waive this requirement for advertisements using 
                no more than 10 percent of the purchase of 
                advertising time purchased under this section 
                in a fiscal year and no more than 10 percent of 
                the advertising space purchased under this 
                section in a fiscal year, if the advertisements 
                respond to emergent and time-sensitive campaign 
                needs or the advertisements will not be widely 
                utilized in the national media campaign.
                  (C) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation 
                of the effectiveness of the national media 
                campaign under paragraph (1)(E), the Director 
                shall--
                          (i) designate an independent entity 
                        to evaluate annually the effectiveness 
                        of the national media campaign based on 
                        data from--
                                  (I) the Monitoring the Future 
                                Study published by the 
                                Department of Health and Human 
                                Services;
                                  (II) the Attitude Tracking 
                                Study published by the 
                                Partnership for a Drug Free 
                                America;
                                  (III) the National Household 
                                Survey on Drug Abuse; and
                                  (IV) other relevant studies 
                                or publications, as determined 
                                by the Director, including 
                                tracking and evaluation data 
                                collected according to 
                                marketing and advertising 
                                industry standards; and
                          (ii) ensure that the effectiveness of 
                        the national media campaign is 
                        evaluated in a manner that enables 
                        consideration of whether the national 
                        media campaign has contributed to 
                        reduction of illicit drug use among 
                        youth and such other measures of 
                        evaluation as the Director determines 
                        are appropriate.
          (3) Purchase of advertising time and space.--For each 
        fiscal year, not less than 77 percent of the amounts 
        appropriated under this section shall be used for the 
        purchase of advertising time and space for the national 
        media campaign, subject to the following exceptions:
                  (A) In any fiscal year for which less than 
                $125,000,000 is appropriated for the national 
                media campaign, not less than 82 percent of the 
                amounts appropriated under this section shall 
                be used for the purchase of advertising time 
                and space for the national media campaign.
                  (B) In any fiscal year for which more than 
                $195,000,000 is appropriated under this 
                section, not less than 72 percent shall be used 
                for advertising production costs and the 
                purchase of advertising time and space for the 
                national media campaign.
  (c) Advertising.--In carrying out this section, the Director 
shall ensure that sufficient funds are allocated to meet the 
stated goals of the national media campaign.
  (d) Division of Responsibilities and Functions Under the 
Program.--
          (1) In general.--The Director, in consultation with 
        the Partnership for a Drug-Free America, shall 
        determine the overall purposes and strategy of the 
        national media campaign.
          (2) Responsibilities.--
                  (A) Director.--The Director shall be 
                responsible for implementing a focused national 
                media campaign to meet the purposes set forth 
                in subsection (a), and shall approve--
                          (i) the strategy of the national 
                        media campaign;
                          (ii) all advertising and promotional 
                        material used in the national media 
                        campaign; and
                          (iii) the plan for the purchase of 
                        advertising time and space for the 
                        national media campaign.
                  (B) The partnership for a drug-free 
                america.--The Director shall request that the 
                Partnership for a Drug-Free America--
                          (i) develop and recommend strategies 
                        to achieve the goals of the national 
                        media campaign, including addressing 
                        national and local drug threats in 
                        specific regions or States, such as 
                        methamphetamine and ecstasy;
                          (ii) create all advertising to be 
                        used in the national media campaign, 
                        except advertisements that are--
                                  (I) provided by other 
                                nonprofit entities pursuant to 
                                subsection (f);
                                  (II) intended to respond to 
                                high-priority or emergent 
                                campaign needs that cannot 
                                timely be obtained at no cost 
                                (not including production costs 
                                and talent reuse payments), 
                                provided that any such 
                                advertising material is 
                                reviewed by the Partnership for 
                                a Drug-Free America;
                                  (III) intended to reach a 
                                minority, ethnic, or other 
                                special audience that cannot be 
                                obtained at no cost (not 
                                including production costs and 
                                talent reuse payments), 
                                provided that any such 
                                advertising material is 
                                reviewed by the Partnership for 
                                a Drug-Free America; or
                                  (IV) any other advertisements 
                                that the Director determines 
                                that the Partnership for a 
                                Drug-Free America is unable to 
                                provide.
                  (C) Media buying contractor.--The Director 
                shall enter into a contract with a media buying 
                contractor to plan and purchase advertising 
                time and space for the national media campaign. 
                The media buying contractor shall not provide 
                any other service or material, or conduct any 
                other function or activity which the Director 
                determines should be provided by the 
                Partnership for a Drug-Free America.
  (e) Prohibitions.--None of the amounts made available under 
subsection (b) may be obligated or expended for any of the 
following:
          (1) To supplant current antidrug community-based 
        coalitions.
          (2) To supplant pro bono public service time donated 
        by national and local broadcasting networks for other 
        public service campaigns.
          (3) For partisan political purposes, or express 
        advocacy in support of or to defeat any clearly 
        identified candidate, clearly identified ballot 
        initiative, or clearly identified legislative or 
        regulatory proposal.
          (4) To fund advertising that features any elected 
        officials, persons seeking elected office, cabinet 
        level officials, or other Federal officials employed 
        pursuant to section 213 of Schedule C of title 5, Code 
        of Federal Regulations.
          (5) To fund advertising that does not contain a 
        primary message intended to reduce or prevent illicit 
        drug use.
          (6) To fund advertising containing a primary message 
        intended to promote support for the media campaign or 
        private sector contributions to the media campaign.
  (f) Matching Requirement.--
          (1) In general.--Amounts made available under 
        subsection (b) for media time and space shall be 
        matched by an equal amount of non-Federal funds for the 
        national media campaign, or be matched with in-kind 
        contributions of the same value.
          (2) No-cost match advertising direct relationship 
        requirement.--The Director shall ensure that at least 
        70 percent of no-cost match advertising provided 
        directly relates to substance abuse prevention 
        consistent with the specific purposes of the national 
        media campaign, except that in any fiscal year in which 
        less than $125,000,000 is appropriated to the national 
        media campaign, the Director shall ensure that at least 
        85 percent of no-cost match advertising directly 
        relates to substance abuse prevention consistent with 
        the specific purposes of the national media campaign.
          (3) No-cost match advertising not directly related.--
        The Director shall ensure that no-cost match 
        advertising that does not directly relate to substance 
        abuse prevention consistent with the purposes of the 
        national media campaign includes a clear antidrug 
        message. Such message is not required to be the primary 
        message of the match advertising.
  (g) Financial and Performance Accountability.--The Director 
shall cause to be performed--
          (1) audits and reviews of costs of the national media 
        campaign pursuant to section 304C of the Federal 
        Property and Administrative Services Act of 1949 (41 
        U.S.C. 254d); and
          (2) an audit to determine whether the costs of the 
        national media campaign are allowable under section 306 
        of such Act (41 U.S.C. 256).
  (h) Report to Congress.--The Director shall submit on an 
annual basis a report to Congress that describes--
          (1) the strategy of the national media campaign and 
        whether specific objectives of the media campaign were 
        accomplished;
          (2) steps taken to ensure that the national media 
        campaign operates in an effective and efficient manner 
        consistent with the overall strategy and focus of the 
        national media campaign;
          (3) plans to purchase advertising time and space;
          (4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase 
        advertising time and space and eliminate the potential 
        for waste, fraud, and abuse; and
          (5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the 
        national media campaign.
  (i) Local Target Requirement.--The Director shall, to the 
maximum extent feasible, use amounts made available under this 
section for media that focuses on, or includes specific 
information on, prevention or treatment resources for consumers 
within specific local areas.
  (j) Prevention of Marijuana Use.--
          (1) Findings.--The Congress finds the following:
                  (A) 60 percent of adolescent admissions for 
                drug treatment are based on marijuana use.
                  (B) Potency levels of contemporary marijuana, 
                particularly hydroponically grown marijuana, 
                are significantly higher than in the past, 
                rising from under 1 percent of THC in the mid-
                1970s to as high as 30 percent today.
                  (C) Contemporary research has demonstrated 
                that youths smoking marijuana early in life may 
                be up to five times more likely to use hard 
                drugs.
                  (D) Contemporary research has demonstrated 
                clear detrimental effects in adolescent 
                educational achievement resulting from 
                marijuana use.
                  (E) Contemporary research has demonstrated 
                clear detrimental effects in adolescent brain 
                development resulting from marijuana use.
                  (F) An estimated 9,000,000 Americans a year 
                drive while under the influence of illegal 
                drugs, including marijuana.
                  (G) Marijuana smoke contains 50 to 70 percent 
                more of certain cancer causing chemicals than 
                tobacco smoke.
                  (H) Teens who use marijuana are up to four 
                times more likely to have a teen pregnancy than 
                teens who have not.
                  (I) Federal law enforcement agencies have 
                identified clear links suggesting that trade in 
                hydroponic marijuana facilitates trade by 
                criminal organizations in hard drugs, including 
                heroin.
                  (J) Federal law enforcement agencies have 
                identified possible links between trade in 
                cannabis products and financing for terrorist 
                organizations.
          (2) Emphasis on prevention of youth marijuana use.--
        In conducting advertising and activities otherwise 
        authorized under this section, the Director may 
        emphasize prevention of youth marijuana use.
  (k) Authorization of Appropriations.--There is authorized to 
be appropriated to the Office to carry out this section, 
$195,000,000 for each of fiscal years 2006 and 2007 and 
$210,000,000 for each of fiscal years 2008 through 2010.

           *       *       *       *       *       *       *

SEC. 711. DRUG INTERDICTION.

  [(a) Definition.--In this section, the term ``Federal drug 
control agency'' means--
          [(1) the Office of National Drug Control Policy;
          [(2) the Department of Defense;
          [(3) the Drug Enforcement Administration;
          [(4) the Federal Bureau of Investigation;
          [(5) the Immigration and Naturalization Service;
          [(6) the United States Coast Guard;
          [(7) the United States Customs Service; and
          [(8) any other department or agency of the Federal 
        Government that the Director determines to be relevant.
  [(b) Report.--In order to assist Congress in determining the 
personnel, equipment, funding, and other resources that would 
be required by Federal drug control agencies in order to 
achieve a level of interdiction success at or above the highest 
level achieved before the date of enactment of this title, not 
later than 90 days after the date of enactment of this Act, the 
Director shall submit to Congress and to each Federal drug 
control program agency a report, which shall include--
          [(1) with respect to the southern and western border 
        regions of the United States (including the Pacific 
        coast, the border with Mexico, the Gulf of Mexico 
        coast, and other ports of entry) and in overall totals, 
        data relating to--
                  [(A) the amount of marijuana, heroin, 
                methamphetamine, and cocaine--
                          [(i) seized during the year of 
                        highest recorded seizures for each drug 
                        in each region and during the year of 
                        highest recorded overall seizures; and
                          [(ii) disrupted during the year of 
                        highest recorded disruptions for each 
                        drug in each region and during the year 
                        of highest recorded overall seizures; 
                        and
                  [(B) the number of persons arrested for 
                violations of section 1010(a) of the Controlled 
                Substances Import and Export Act (21 U.S.C. 
                960(a)) and related offenses during the year of 
                the highest number of arrests on record for 
                each region and during the year of highest 
                recorded overall arrests;
          [(2) the price of cocaine, heroin, methamphetamine, 
        and marijuana during the year of highest price on 
        record during the preceding 10-year period, adjusted 
        for purity where possible; and
          [(3) a description of the personnel, equipment, 
        funding, and other resources of the Federal drug 
        control agency devoted to drug interdiction and 
        securing the borders of the United States against drug 
        trafficking for each of the years identified in 
        paragraphs (1) and (2) for each Federal drug control 
        agency.]
  (a) United States Interdiction Coordinator.--
          (1) In general.--The Deputy Director for Supply 
        Reduction in the Office shall serve as the United 
        States Interdiction Coordinator, and shall perform the 
        duties of that position described in paragraph (2) and 
        such other duties as may be determined by the Director 
        with respect to coordination of efforts to interdict 
        illicit drugs from entering the United States.
          (2) Responsibilities.--The United States Interdiction 
        Coordinator shall be responsible to the Director for--
                  (A) coordinating the interdiction activities 
                of the National Drug Control Program agencies 
                to ensure consistency with the National Drug 
                Control Strategy;
                  (B) on behalf of the Director, developing and 
                issuing, on or before March 1 of each year and 
                in accordance with paragraph (3), a National 
                Interdiction Command and Control Plan to ensure 
                the coordination and consistency described in 
                subparagraph (A);
                  (C) assessing the sufficiency of assets 
                committed to illicit drug interdiction by the 
                relevant National Drug Control Program 
                agencies; and
                  (D) advising the Director on the efforts of 
                each National Drug Control Program agency to 
                implement the National Interdiction Command and 
                Control Plan.
          (3) Staff.--The Director shall assign such permanent 
        staff of the Office as he considers appropriate to 
        assist the United States Interdiction Coordinator to 
        carry out the responsibilities described in paragraph 
        (2), and may also, at his discretion, request that 
        appropriate National Drug Control Program agencies 
        detail or assign staff to the Office of Supply 
        Reduction for that purpose.
          (4) National interdiction command and control plan.--
                  (A) Purposes.--The National Interdiction 
                Command and Control Plan shall--
                          (i) set forth the Government's 
                        strategy for drug interdiction;
                          (ii) state the specific roles and 
                        responsibilities of the relevant 
                        National Drug Control Program agencies 
                        for implementing that strategy; and
                          (iii) identify the specific resources 
                        required to enable the relevant 
                        National Drug Control Program agencies 
                        to implement that strategy.
                  (B) Consultation with other agencies.--The 
                United States Interdiction Coordinator shall 
                issue the National Interdiction Command and 
                Control Plan in consultation with the other 
                members of the Interdiction Committee described 
                in subsection (b).
                  (C) Limitation.--The National Interdiction 
                Command and Control Plan shall not change 
                existing agency authorities or the laws 
                governing interagency relationships, but may 
                include recommendations about changes to such 
                authorities or laws.
                  (D) Report to congress.--On or before March 1 
                of each year, the United States Interdiction 
                Coordinator shall provide a report on behalf of 
                the Director to the appropriate congressional 
                committees, to the Committee on Armed Services 
                and the Committee on Homeland Security of the 
                House of Representatives, and to the Committee 
                on Homeland Security and Governmental Affairs 
                and the Committee on Armed Services of the 
                Senate, which shall include--
                          (i) a copy of that year's National 
                        Interdiction Command and Control Plan;
                          (ii) information for the previous 10 
                        years regarding the number and type of 
                        seizures of drugs by each National Drug 
                        Control Program agency conducting drug 
                        interdiction activities, as well as 
                        statistical information on the 
                        geographic areas of such seizures; and
                          (iii) information for the previous 10 
                        years regarding the number of air and 
                        maritime patrol hours undertaken by 
                        each National Drug Control Program 
                        agency conducting drug interdiction 
                        activities, as well as statistical 
                        information on the geographic areas in 
                        which such patrol hours took place.
                  (E) Treatment of classified or law 
                enforcement sensitive information.--Any content 
                of the report described in subparagraph (D) 
                that involves information classified under 
                criteria established by an Executive order, or 
                the public disclosure of which, as determined 
                by the United States Interdiction Coordinator 
                or the head of any relevant National Drug 
                Control Program agency, would be detrimental to 
                the law enforcement or national security 
                activities of any Federal, State, or local 
                agency, shall be presented to Congress 
                separately from the rest of the plan.
  (b) Interdiction Committee.--
          (1) In general.--The Interdiction Committee shall 
        meet to--
                  (A) discuss and resolve issues related to the 
                coordination, oversight and integration of 
                international, border, and domestic drug 
                interdiction efforts in support of the National 
                Drug Control Strategy;
                  (B) review the annual National Interdiction 
                Command and Control Plan, and provide advice to 
                the Director and the United States Interdiction 
                Coordinator concerning that plan; and
                  (C) provide such other advice to the Director 
                concerning drug interdiction strategy and 
                policies as the committee determines is 
                appropriate.
          (2) Membership.--The membership of the Interdiction 
        Committee shall consist of--
                  (A) the Commissioner of the bureau of Customs 
                and Border Protection at the Department of 
                Homeland Security;
                  (B) the Assistant Secretary of the bureau of 
                Immigration and Customs Enforcement at the 
                Department of Homeland Security;
                  (C) the Commandant of the United States Coast 
                Guard;
                  (D) the Director of the Office of 
                Counternarcotics Enforcement at the Department 
                of Homeland Security;
                  (E) the Administrator of the Drug Enforcement 
                Administration;
                  (F) the Assistant Secretary of State for 
                International Narcotics and Law Enforcement 
                Affairs;
                  (G) the Assistant Secretary of Defense for 
                Special Operations and Low Intensity Conflict;
                  (H) the Deputy Director for Supply Reduction 
                of the Office of National Drug Control Policy, 
                acting in his role as the United States 
                Interdiction Coordinator;
                  (I) the director of the Crime and Narcotics 
                Center of the Central Intelligence Agency;
                  (J) the Deputy Director for State and Local 
                Affairs of the Office of National Drug Control 
                Policy;
                  (K) the Chief of the National Guard Bureau's 
                Counterdrug Program; and
                  (L) such additional persons as may be 
                determined by the Director.
          (3) Chairman.--The Director shall designate one of 
        the members of the Interdiction Committee to serve as 
        chairman.
          (4) Meetings.--The members of the Interdiction 
        Committee shall meet, in person and not through any 
        delegate or representative, at least once per calendar 
        year, prior to March 1. At the call of either the 
        Director or the current chairman, the Interdiction 
        Committee may hold additional meetings, which shall be 
        attended by the members either in person, or through 
        such delegates or representatives as they may choose.
          (5) Report.--Not later than September 30 of each 
        year, the chairman of the Interdiction Committee shall 
        submit a report to the Director and to the appropriate 
        congressional committees describing the results of the 
        meetings and any significant findings of the Committee 
        during the previous 12 months. Any content of such a 
        report that involves information classified under 
        criteria established by an Executive order, or whose 
        public disclosure, as determined by the Director, the 
        chairman, or any member, would be detrimental to the 
        law enforcement or national security activities of any 
        Federal, State, or local agency, shall be presented to 
        Congress separately from the rest of the report.

           *       *       *       *       *       *       *

[SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

  [Section 6073 of the Asset Forfeiture Amendments Act of 1988 
(21 U.S.C. 1509) is amended--
          [(1) in subsection (b)--
                  [(A) by striking ``section 524(c)(9)'' and 
                inserting ``section 524(c)(8)''; and
                  [(B) by striking ``section 9307(g)'' and 
                inserting ``section 9703(g)''; and
          [(2) in subsection (e), by striking ``strategy'' and 
        inserting ``Strategy''.]

SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL 
                    FEDERAL ADVERTISING OR OTHER COMMUNICATION 
                    MATERIALS.

  (a) Requirement.--Each advertisement or other communication 
paid for by the Office, either directly or through a contract 
awarded by the Office, shall include a prominent notice 
informing the target audience that the advertisement or other 
communication is paid for by the Office.
  (b) Advertisement or Other Communication.--In this section, 
the term ``advertisement or other communication'' includes--
          (1) an advertisement disseminated in any form, 
        including print or by any electronic means; and
          (2) a communication by an individual in any form, 
        including speech, print, or by any electronic means.

           *       *       *       *       *       *       *

SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out this 
[title,] title, except activities for which amounts are 
otherwise specifically authorized by this title, to remain 
available until expended, such sums as may be necessary for 
each of fiscal years [1999 through 2003] 2006 through 2010.

[SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY.

  [(a) In General.--Except as provided in subsection (b), 
effective on September 30, 2003, this title and the amendments 
made by this title are repealed.
  [(b) Exception.--Subsection (a) does not apply to section 713 
or the amendments made by that section.]

           *       *       *       *       *       *       *

                              ----------                              

                  DRUG-FREE MEDIA CAMPAIGN ACT OF 1998

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          [Subtitle A--National Youth Anti-Drug Media Campaign

[SEC. 101. SHORT TITLE.

  [This subtitle may be cited as the ``Drug-Free Media Campaign 
Act of 1998''.

[SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

  [(a) In General.--The Director of the Office of National Drug 
Control Policy (in this subtitle referred to as the 
``Director'') shall conduct a national media campaign in 
accordance with this subtitle for the purpose of reducing and 
preventing drug abuse among young people in the United States.
  [(b) Local Target Requirement.--The Director shall, to the 
maximum extent feasible, use amounts made available to carry 
out this subtitle under section 105 for media that focuses on, 
or includes specific information on, prevention or treatment 
resources for consumers within specific local areas.

[SEC. 103. USE OF FUNDS.

  [(a) Authorized Uses.--
          [(1) In general.--Amounts made available to carry out 
        this subtitle for the support of the national media 
        campaign may only be used for--
                  [(A) the purchase of media time and space;
                  [(B) talent reuse payments;
                  [(C) out-of-pocket advertising production 
                costs;
                  [(D) testing and evaluation of advertising;
                  [(E) evaluation of the effectiveness of the 
                media campaign;
                  [(F) the negotiated fees for the winning 
                bidder on request for proposals issued by the 
                Office of National Drug Control Policy;
                  [(G) partnerships with community, civic, and 
                professional groups, and government 
                organizations related to the media campaign; 
                and
                  [(H) entertainment industry collaborations to 
                fashion antidrug messages in motion pictures, 
                television programing, popular music, 
                interactive (Internet and 
                new) media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation.
          [(2) Advertising.--In carrying out this subtitle, the 
        Director shall devote sufficient funds to the 
        advertising portion of the national media campaign to 
        meet the stated reach and frequency goals of the 
        campaign.
  [(b) Prohibitions.--None of the amounts made available under 
section 105 may be obligated or expended--
          [(1) to supplant current antidrug community based 
        coalitions;
          [(2) to supplant current pro bono public service time 
        donated by national and local broadcasting networks;
          [(3) for partisan political purposes; or
          [(4) to fund media campaigns that feature any elected 
        officials, persons seeking elected office, cabinet 
        level officials, or other Federal officials employed 
        pursuant to section 213 of Schedule C of title 5, Code 
        of Federal Regulations, unless the Director provides 
        advance notice to the Committees on Appropriations of 
        the House of Representatives and the Senate, the 
        Committee on Government Reform and Oversight of the 
        House of Representatives and the Committee on the 
        Judiciary of the Senate.
  [(c) Matching Requirement.--Amounts made available under 
section 105 should be matched by an equal amount of non-Federal 
funds for the national media campaign, or be matched with in-
kind contributions to the campaign of the same value.

[SEC. 104. REPORTS TO CONGRESS.

  [The Director shall--
          [(1) submit to Congress on an annual basis a report 
        on the activities for which amounts made available 
        under section 105 have been obligated during the 
        preceding year, including information for each quarter 
        of such year, and on the specific parameters of the 
        national media campaign; and
          [(2) not later than 1 year after the date of 
        enactment of this Act, submit to Congress a report on 
        the effectiveness of the national media campaign based 
        on measurable outcomes provided to Congress previously.

[SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

  [There is authorized to be appropriated to the Office of 
National Drug Control Policy to carry out this subtitle 
$195,000,000 for each of fiscal years 1999 through 2002.]
                              ----------                              

            SECTION 878 OF THE HOMELAND SECURITY ACT OF 2002

SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Limitation on Concurrent Employment.--[Except as provided 
in subsection (d), the] The Director of the Office of 
Counternarcotics Enforcement shall not be employed by, assigned 
to, or serve as the head of, any other branch of the Federal 
Government, any State or local government, or any subdivision 
of the Department other than the Office of Counternarcotics 
Enforcement.
  [(d) Eligibility To Serve as the United States Interdiction 
Coordinator.--The Director of the Office of Counternarcotics 
Enforcement may be appointed as the United States Interdiction 
Coordinator by the Director of the Office of National Drug 
Control Policy, and shall be the only person at the Department 
eligible to be so appointed.]
  [(e)] (d) Responsibilities.--The Secretary shall direct the 
Director of the Office of Counternarcotics Enforcement--
          (1) * * *

           *       *       *       *       *       *       *

  [(f)] (e) Savings Clause.--Nothing in this section shall be 
construed to authorize direct control of the operations 
conducted by the Directorate of Border and Transportation 
Security, the Coast Guard, or joint terrorism task forces.
  [(g)] (f) Reports to Congress.--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

             SECTION 464P OF THE PUBLIC HEALTH SERVICE ACT

                     MEDICATION DEVELOPMENT PROGRAM

  Sec. 464P. (a) * * *

           *       *       *       *       *       *       *

  (c) Report.--
          (1) In general.--Not later than December 31, 1992, 
        and each December 31 thereafter, the Director of the 
        Institute shall submit to the Office of National Drug 
        Control Policy established [under section 1002 of the 
        Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501)] under 
        section 703 of the Office of National Drug Control 
        Policy Reauthorization Act of 1998 (21 U.S.C. 1702) a 
        report, in accordance with paragraph (3), that 
        describes the objectives and activities of the program 
        assisted under this section.
          (2) National drug control strategy.--The Director of 
        National Drug Control Policy shall incorporate, by 
        reference or otherwise, each report submitted under 
        this subsection in the National Drug Control Strategy 
        submitted the following February 1 [under section 1005 
        of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504)] 
        under section 706 of the Office of National Drug 
        Control Policy Reauthorization Act of 1998 (21 U.S.C. 
        1705).

           *       *       *       *       *       *       *

                              ----------                              

      SECTION 6073 OF THE ASSET FORFEITURE AMENDMENTS ACT OF 1988

[SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

  [(a) In General.--There is established in the Treasury of the 
United States the Special Forfeiture Fund (hereafter referred 
to in this section as the ``Fund'') which shall be available to 
the Director of the National Drug Control Policy without fiscal 
year limitation in such amounts as may be specified in 
appropriations Acts.
  [(b) Deposits.--There shall be deposited into the Fund the 
amounts specified by section 524(c)(8) of title 28, United 
States Code, and section 9703(g) of title 31, United States 
Code, and any earnings on the investments authorized by 
subsection (d).
  [(c) Super Surplus.--(1) Any unobligated balance up to 
$20,000,000 remaining in the Fund on September 30 of a fiscal 
year shall be available to the Director, subject to paragraph 
(2), to transfer to, and for obligation and expenditure in 
connection with drug control activities of, any Federal agency 
or State or local entity with responsibilities under the 
National Drug Control Strategy.
  [(2) A transfer may be made under paragraph (1) only with the 
advance written approval of the Committees on Appropriations of 
each House of Congress.
  [(d) Investment of Fund.--Amounts in the Fund which are not 
currently needed for the purposes of this section shall be kept 
on deposit or invested in obligations of, or guaranteed by, the 
United States and all earnings on such investments shall be 
deposited in the Fund.
  [(e) President's Budget.--The President shall, in 
consultation with the Director for National Drug Control 
Policy, include, as part of the budget submitted to the 
Congress under section 1105(a) of title 31, United States Code, 
a separate and detailed request for the use of the amounts in 
the Fund. This request shall reflect the priorities of the 
National Drug Control Strategy.
  [(f) Funds Provided Supplemental.--Funds disbursed under this 
subsection shall not be used to supplant existing funds, but 
shall be used to supplement the amount of funds that would be 
otherwise available.
  [(g) Annual Report.--No later than 4 months after the end of 
each fiscal year, the President shall submit to both Houses of 
Congress a detailed report on the amounts deposited in the Fund 
and a description of expenditures made under this subsection.]

                                  
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