26–299 

109TH CONGRESS REPT. 109–315 " ! HOUSE OF REPRESENTATIVES 2d Session Part 3 

OFFICE OF NATIONAL DRUG CONTROL POLICY 

REAUTHORIZATION ACT OF 2005 

MARCH 3, 2006.—Ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

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 the Judiciary, to whom was referred the bill 

(H.R. 2829) to reauthorize the Office of National Drug Control Policy Act, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

Policy Reauthorization Act of 2005’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Office of National Drug Control Policy Reauthorization Act of 1998. 

Sec. 3. Repeal of termination provision. 

Sec. 4. Amendments to definitions. 

Sec. 5. Amendments relating to establishment of Office of National Drug Control Policy and designation of offi- cers. 

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

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

Sec. 8. Development, submission, implementation, and assessment of National Drug Control Strategy. 

Sec. 9. High Intensity Drug Trafficking Areas Program. 

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

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

Sec. 12. National youth antidrug media campaign. 

Sec. 13. Drug interdiction. 

Sec. 14. Awards for demonstration programs by local partnerships to shut down illicit drug market hot-spots 

by deterring drug dealers or altering the dynamic of drug sales. 

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

users under community supervision through the use of drug testing and sanctions. 

Sec. 16. Authorization of appropriations. 

Sec. 17. Technical amendments and repeal. 

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

materials. 

Sec. 19. Policy relating to syringe exchange programs. 


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SEC. 2. AMENDMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION 

ACT OF 1998. 

Except as otherwise expressly provided, whenever in this Act an amendment or 

repeal is expressed in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of the Office of National Drug Control Policy Reauthorization Act of 1998 (Public Law 105–277; 21 U.S.C. 1701 et seq.). 

SEC. 3. REPEAL OF TERMINATION PROVISION. 

Section 715 (21 U.S.C. 1712) is repealed, and the law shall read as if such section 

was never in effect. 

SEC. 4. AMENDMENTS TO DEFINITIONS. 

(a) AMENDMENTS TO DEFINITIONS.—Section 702 (21 U.S.C. 1701) is amended— (1) in paragraph (1)— (A) by striking ‘‘and’’ at the end of subparagraph (F); 

(B) by striking the period at the end of subparagraph (G) and inserting ‘‘, including the testing of employees;’’; and 

(C) by adding at the end the following: 

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

‘‘(I) international drug control coordination and cooperation with respect 

to activities described in this paragraph.’’; 

(2) in paragraph (6), by adding before the period at the end: ‘‘, including any 

activities involving supply reduction, demand reduction, or State and local affairs’’; 

(3) in paragraph (7)— (A) by striking ‘‘Agency’’ and inserting ‘‘agency’’; 

(B) by striking ‘‘National Foreign Intelligence Program,’’ and inserting ‘‘National Intelligence Program,’’; and 

(C) by inserting a comma before ‘‘or Tactical’’; 

(4) in paragraph (9), by striking ‘‘implicates’’ and inserting ‘‘indicates’’; 

(5) in paragraph (10)— (A) by adding ‘‘National Drug Control Program agencies and’’ after 

‘‘among’’ in subparagraph (B); 

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

(C) by striking the period at the end of subparagraph (C) and inserting 

a semicolon; and 

(D) by adding at the end the following: 

‘‘(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.’’; 

(6) in paragraph (11)—

(A) by inserting before the semicolon in subparagraph (A) the following: 

‘‘, 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) by striking subparagraph (B) and inserting the following: 

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

(D) by striking subparagraph (D); and 

(7) by adding at the end the following: 

‘‘(12) APPROPRIATE CONGRESSIONAL COMMITTEES.—Except where otherwise 

provided, the term ‘appropriate congressional committees’ means the Committee 

on the Judiciary, the Committee on Appropriations, and the Caucus on International Narcotics Control of the Senate and the Committee on Government Reform, the Committee on the Judiciary, and the Committee on Appropriations of 

the House of Representatives. 

‘‘(13) LAW ENFORCEMENT.—The term ‘law enforcement’ or ‘drug law enforcement’ means all efforts by a Federal, State, 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.’’. 


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(b) CONFORMING AMENDMENTS.—Section 703(b)(3) (21 U.S.C. 1702(b)(3)) is 

amended—

(1) in subparagraph (A), by striking ‘‘(G)’’ and inserting ‘‘(I)’’; and 

(2) in subparagraph (C)—

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

(B) by striking ‘‘and subparagraph (D) of section 702(11)’’; and 

(C) by adding before the period at the end the following: ‘‘, and sections 

707 and 708 of this Act’’. 

SEC. 5. AMENDMENTS RELATING TO ESTABLISHMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND DESIGNATION OF OFFICERS. 

(a) RESPONSIBILITIES.—Paragraph (4) of section 703(a) (21 U.S.C. 1702(a)) is 

amended to read as follows: 

‘‘(4) evaluate the effectiveness of the national drug control policy and the National Drug Control Program agencies’ programs, by developing and applying 

specific goals and performance measurements.’’. 

(b) RANK OF DIRECTOR.—Section 703(b) (21 U.S.C. 1702(b)) is amended in paragraph (1) by adding before the period the following: ‘‘, 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’’. 

(c) DEPUTY DIRECTORS.—Section 703(b) (21 U.S.C. 1702(b)) is amended in paragraph (3)—

(1) by striking ‘‘Office—’’ and inserting ‘‘Office the following additional Deputy 

Directors—’’; and 

(2) in subparagraph (B), by striking ‘‘who shall’’ and inserting the following: 

‘‘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’’. 

SEC. 6. AMENDMENTS RELATING TO APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY 

DIRECTOR. 

(a) DESIGNATION OF OTHER OFFICERS.—Section 704(a)(3) (21 U.S.C. 1703(a)(3)) is 

amended—

(1) by striking ‘‘permanent employee’’ and inserting ‘‘officer or employee’’; and 

(2) by striking ‘‘serve as the Director’’ and inserting ‘‘serve as the acting Director’’. 

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

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

in drug enforcement,’’ and inserting ‘‘National Drug Control Program agencies,’’; 

(2) in paragraph (7), by inserting after ‘‘President’’ the following: ‘‘and the appropriate congressional committees’’; 

(3) in paragraph (13), by striking ‘‘(beginning in 1999)’’; 

(4) in paragraph (14)—

(A) by striking ‘‘Appropriations’’ and all that follows through ‘‘Senate’’

and inserting ‘‘appropriate congressional committees’’; and 

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

(5) in paragraph (15), by striking subparagraph (C) and inserting the following: 

‘‘(C) supporting the substance abuse information clearinghouse administered by the Administrator of the Substance Abuse and Mental Health 

Services Administration and established in section 501(d)(16) of the Public 

Health Service Act by—

‘‘(i) encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and 

‘‘(ii) supporting the dissemination of information to all interested entities;’’; and 

(6) by inserting at the end the following: 

‘‘(16) shall coordinate with the private sector to promote private research and 

development of medications to treat addiction; 

‘‘(17) shall seek the support and commitment of State 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; 

‘‘(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; and 


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

National Drug Control Policy Reauthorization Act of 2005, report to Congress 

on the impact of each Federal drug reduction strategy upon the availability, addiction rate, use rate, and other harms of illegal drugs.’’. (c) SUBMISSION OF DRUG CONTROL BUDGET REQUESTS.—Section 704(c)(1) is 

amended by adding at the end the following: ‘‘(C) CONTENT OF DRUG CONTROL BUDGET REQUESTS.—A drug control 

budget request submitted by a department, agency, or program under this 

paragraph shall include all requests for funds for any drug control activity 

undertaken by that department, agency, or program, including demand reduction, supply reduction, and State 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.’’. (d) NATIONAL DRUG CONTROL BUDGET PROPOSAL.—Section 704(c)(2) is amended in 

subparagraph (A) by inserting before the semicolon: ‘‘and to inform Congress and 

the public about the total amount proposed to be spent on all supply reduction, demand reduction, State 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’’. 

(e) REVIEW AND CERTIFICATION OF NATIONAL DRUG CONTROL PROGRAM BUDGET.—

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

(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), 

respectively; 

(2) by inserting after subparagraph (B) the following new subparagraph: 

‘‘(C) SPECIFIC REQUESTS.—The Director shall not confirm the adequacy of 

any budget request that—

‘‘(i) requests funding for Federal law enforcement activities that do 

not adequately compensate for transfers of drug enforcement resources 

and personnel to law enforcement and investigation activities 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; and 

‘‘(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).’’; 

(3) in subparagraph (D)(iii), as so redesignated, by inserting ‘‘and the appropriate congressional committees’’ after ‘‘House of Representatives’’; and 

(4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by inserting ‘‘and the 

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


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

1703(c)(4)(A)) is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$1,000,000’’. 

(g) POWERS OF DIRECTOR.—Section 704(d) (21 U.S.C. 1703(d)) is amended—

(1) in paragraph (8)(D), by striking ‘‘have been authorized by Congress;’’ and 

inserting ‘‘authorized by law;’’; 

(2) in paragraph (9)—

(A) by inserting ‘‘notwithstanding any other provision of law,’’ after ‘‘(9)’’; 

and 

(B) by striking ‘‘Strategy; and’’ and inserting ‘‘Strategy and notify the appropriate congressional committees of any fund control notice issued;’’; 

(3) in paragraph (10), by striking ‘‘(22 U.S.C. 2291j).’’ and inserting ‘‘(22 

U.S.C. 2291j) and section 706 of the Foreign Relations Authorization Act, Fiscal 

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

(4) by adding at the end the following new paragraph: 

‘‘(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.’’. 

(g) FUND CONTROL NOTICES.—Section 704(f) (21 U.S.C. 1703(f)) is amended by 

adding at the end the following: 

‘‘(4) CONGRESSIONAL NOTICE.—A copy of each fund control notice shall be 

transmitted to the appropriate congressional committees. 

‘‘(5) RESTRICTIONS.—The Director shall not issue a fund control notice to direct that all or part of an amount appropriated to the National Drug Control 

Program agency account be obligated, modified, or altered in any manner contrary, in whole or in part, to a specific appropriation or statute.’’. 

(h) TECHNICAL AMENDMENTS.—Section 704 (21 U.S.C. 1703) is amended—

(1) in subsection (g)—

(A) by striking ‘‘National Foreign Intelligence Program’’ and inserting 

‘‘National Intelligence Program’’; and 

(B) by inserting a comma before ‘‘and Tactical’’; and 

(2) in subsection (h), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence or the Director of the Central Intelligence 

Agency’’. 

(i) REQUIREMENT FOR SOUTH AMERICAN HEROIN STRATEGY.—

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

this Act, the Director of National Drug Control Policy shall submit to the Congress a comprehensive strategy that addresses the increased threat from South 

American heroin, and in particular Colombian heroin and the emerging threat 

from opium poppy grown in Peru and often intended for transit to Columbia for 

processing into heroin. 

(2) CONTENTS.—The strategy shall include—

(A) opium eradication efforts to eliminate the problem at the source to 

prevent heroin from entering the stream of commerce; 

(B) interdiction and precursor chemical controls; 

(C) demand reduction and treatment; 

(D) alternative development programs, including direct assistance to regional governments to demobilize and provide alternative livelihoods to 

former members of insurgent or other groups engaged in heroin, coca, or 

other illicit drug production or trafficking; 

(E) efforts to inform and involve local citizens in the programs described 

in subparagraphs (A) through (D), such as through leaflets advertising rewards for information; 

(F) provisions that ensure the maintenance at current levels of efforts to 

eradicate coca in Colombia; and 


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(G) assessment of the specific level of funding and resources necessary to 

simultaneously address the threat from South American heroin and the 

threat from Colombian and Peruvian coca. 

(3) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA- TION.—Any content of the strategy that involves information classified under 

criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant Federal agency, would be detrimental to the law enforcement or national security activities of any Federal, 

foreign, or international agency, shall be presented to Congress separately from 

the rest of the strategy. 

(j) REQUIREMENT FOR AFGHAN HEROIN STRATEGY.— (1) IN GENERAL.—Not later than 90 days after the date of the enactment of 

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

to the Congress a comprehensive strategy that addresses the increased threat 

from Afghan heroin. 

(2) CONTENTS.—The strategy shall include— (A) opium crop eradication efforts to eliminate the problem at the source 

to prevent heroin from entering the stream of commerce; 

(B) destruction or other direct elimination of stockpiles of heroin and raw 

opium, and heroin production and storage facilities; 

(C) interdiction and precursor chemical controls; 

(D) demand reduction and treatment; 

(E) alternative development programs; 

(F) measures to improve cooperation and coordination between Federal 

Government agencies, and between such agencies, agencies of foreign governments, and international organizations with responsibility for the prevention of heroin production in, or trafficking out of, Afghanistan; and 

(G) an assessment of the specific level of funding and resources necessary 

significantly to reduce the production and trafficking of heroin. 

(3) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.—Any content of the strategy that involves information classified under 

criteria established by an Executive order, or whose public disclosure, as determined by the Director or the head of any relevant Federal agency, would be detrimental to the law enforcement or national security activities of any Federal, 

foreign, or international agency, shall be presented to Congress separately from 

the rest of the strategy. 

(k) REQUIREMENT FOR GENERAL COUNTERDRUG INTELLIGENCE PLAN.—

(1) IN GENERAL.—Not later than 120 days after the date of enactment of this 

Act, and not later than every two years thereafter, the Director of the Office 

of National Drug Control Policy, with the concurrence of the Director of National Intelligence, shall submit to the appropriate congressional committees, a 

general counterdrug intelligence plan to improve coordination, and eliminate 

unnecessary duplication, among the counterdrug intelligence centers and information sharing systems, and counterdrug activities of the Federal Government, 

including the centers, systems, and activities of the following departments and 

agencies: 

(A) The Department of Defense, including the Defense Intelligence Agency, and the joint interagency task forces. 

(B) The Department of the Treasury, including the Financial Crimes Enforcement Network (FinCEN). 

(C) The Central Intelligence Agency. 

(D) The National Security Agency. 

(E) The Department of Homeland Security, including the United States 

Coast Guard, the bureau of Customs and Border Protection, and the bureau 

of Immigration and Customs Enforcement. 

(F) The Department of Justice, including the National Drug Intelligence 

Center (NDIC); the Drug Enforcement Administration, including the El 

Paso Intelligence Center (EPIC); the Federal Bureau of Investigation; the 

Organized Crime Drug Enforcement Task Force; and the Regional Information Sharing System. 

(G) The Office of National Drug Control Policy, including the High Intensity Drug Trafficking Areas Program. 

(H) The Counterdrug Intelligence Executive Secretariat. 

(2) PURPOSE.—The purpose of the plan under paragraph (1) is to maximize 

the effectiveness of the centers and activities referred to in that paragraph in 

achieving the objectives of the National Drug Control Strategy promulgated 

under 21 U.S.C. 1705. In order to maximize such effectiveness, the plan shall—

(A) articulate clear and specific mission statements (including purpose 

and scope of activity) for each counterdrug intelligence center, system, and 


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activity, including the manner in which responsibility for counterdrug intelligence activities will be allocated among the counterdrug intelligence centers and systems; 

(B) specify each government agency (whether Federal, State, or local) 

that participates in each such center, system, and activity, including a description of the extent and nature of that participation; 

(C) specify the relationship between such centers, systems, and activities; 

(D) specify the means by which proper oversight of such centers, systems, 

and activities will be assured; 

(E) specify the means by which counterdrug intelligence and information 

will be forwarded effectively to all levels of officials responsible for United 

States counterdrug policy; and 

(F) specify mechanisms to ensure that State and local law enforcement 

agencies are apprised of counterdrug intelligence and information acquired 

by Federal law enforcement agencies in a manner which—

(i) facilitates effective counterdrug activities by State and local law 

enforcement agencies; and 

(ii) provides such State and local law enforcement agencies with the 

information relating to the safety of officials involved in their 

counterdrug activities. 

(3) DEFINITIONS.—As used in this subsection—

(A) the term ‘‘center’’ refers to any center, office, task force, or other coordinating organization engaged in counterdrug intelligence or information 

analyzing or sharing activities; 

(B) the term ‘‘system’’ refers to any computerized database or other electronic system used for counterdrug intelligence or information analyzing or 

sharing activities; and 

(C) the term ‘‘appropriate congressional committees’’ means the following: 

(i) The Committee on Appropriations, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland 

Security and Governmental Affairs, the Caucus on International Narcotics Control, and the Select Committee on Intelligence of the Senate. 

(ii) The Committee on Appropriations, the Committee on International Relations, the Committee on the Judiciary, the Committee on 

Government Reform, the Committee on Homeland Security, and the 

Permanent Select Committee on Intelligence of the House of Representatives. 

(4) LIMITATION.—The general counterdrug intelligence plan shall not—

(A) change existing agency authorities or the laws governing interagency 

relationships, but may include recommendations about changes to such authorities or laws; or 

(B) include any information about specific methods of obtaining, or 

sources of, intelligence or information, or any information about specific individuals, cases, investigations, or operations. 

(5) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.—Any content 

of the general counterdrug intelligence plan that involves information classified 

under criteria established by an Executive order, or whose public disclosure, as 

determined by the Director of the Office of National Drug Control Policy, the 

Director of National Intelligence, or the head of any Federal Government agency whose activities are described in the plan, would be detrimental to the law 

enforcement or national security activities of any Federal, State, or local agency, 

shall be presented to Congress separately from the rest of the report. 

(l) REQUIREMENT FOR SOUTHWEST BORDER COUNTERNARCOTICS STRATEGY.—

(1) IN GENERAL.—Not later than 120 days after the date of enactment of this 

Act, and every two years thereafter, the Director of National Drug Control Policy shall submit to the Congress a Southwest Border Counternarcotics Strategy. 

(2) PURPOSES.—The Southwest Border Counternarcotics Strategy shall—

(A) set forth the Government’s strategy for preventing the illegal trafficking of drugs across the international border between the United States 

and Mexico, including through ports of entry and between ports of entry on 

that border; 

(B) state the specific roles and responsibilities of the relevant National 

Drug Control Program agencies (as defined in section 702 of the Office of 

National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)) 

for implementing that strategy; and 

(C) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy. 


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(3) CONSULTATION WITH OTHER AGENCIES.—The Director shall issue the 

Southwest Border Counternarcotics Strategy in consultation with the heads of 

the relevant National Drug Control Program agencies. 

(4) LIMITATION.—The Southwest Border Counternarcotics Strategy shall not 

change existing agency authorities or the laws governing interagency relationships, but may include recommendations about changes to such authorities or 

laws. 

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

Border Counternarcotics Strategy to the appropriate congressional committees 

(as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)), and to the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives, 

and the Committee on Homeland Security and Governmental Affairs and the 

Committee on Armed Services of the Senate. 

(6) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION.—Any content of the Southwest Border Counternarcotics Strategy that involves information classified under criteria established by an Executive order, 

or whose public disclosure, as determined by the Director or the head of any 

relevant National Drug Control Program agency, would be detrimental to the 

law enforcement or national security activities of any Federal, State, or local 

agency, shall be presented to Congress separately from the rest of the strategy. 

(m) REQUIREMENT FOR SCIENTIFIC STUDY OF MYCOHERBICIDE IN ILLICIT DRUG

CROP ERADICATION.—Not later than 90 days after the date of enactment of this Act, 

the Director of the Office of National Drug Control Policy shall submit to the Congress a report that includes a plan to conduct, on an expedited basis, a scientific 

study of the use of mycoherbicide as a means of illicit drug crop elimination by an 

appropriate Government scientific research entity, including a complete and thorough scientific peer review. The study shall include an evaluation of the likely 

human health and environmental impacts of such use. The report shall also include 

a plan to conduct controlled scientific testing in a major drug producing nation of 

mycoherbicide naturally existing in the producing nation. 

SEC. 7. AMENDMENTS RELATING TO COORDINATION WITH OTHER AGENCIES. 

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

(1) in subsection (a)(1)(A), by striking ‘‘abuse’’; 

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

inserting ‘‘Director of National Intelligence’’; 

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

inserting ‘‘Director of National Intelligence and the Director of the Central Intelligence Agency’’; 

(4) by amending paragraph (3) of subsection (a) to read as follows: 

‘‘(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 


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‘‘(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.’’; 

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

and 

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

SEC. 8. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL 

DRUG CONTROL STRATEGY. 

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

‘‘SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF NATIONAL 

DRUG CONTROL STRATEGY. 

‘‘(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.—

‘‘(1) 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—


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‘‘(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 drugrelated 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—


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‘‘(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 communityand 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 


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‘‘(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. 9. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM. 

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

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

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established in the Office a program to be known 

as the High Intensity Drug Trafficking Areas Program (in this section referred 

to as the ‘Program’). ‘‘(2) PURPOSE.—The purpose of the Program is to reduce drug trafficking and 

drug production in the United States by— ‘‘(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. 


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‘‘(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 

programs, and shall ensure that not more than five percent of the Federal funds 

appropriated for the Program are expended for the establishment of drug prevention 

programs. 

‘‘(g) COUNTERTERRORISM ACTIVITIES.—

‘‘(1) ASSISTANCE AUTHORIZED.—The Director may authorize use of resources 

available for the Program to assist Federal, State, 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 drugrelated 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. 


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‘‘(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 


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area, and between such agencies and similar agencies outside the high intensity 

drug trafficking area. 

‘‘(n) COORDINATION OF INTELLIGENCE SHARING WITH ORGANIZED CRIME DRUG ENFORCEMENT TASK FORCE PROGRAM.—The Director, in consultation with the Attorney 

General, shall ensure that any drug enforcement intelligence obtained by the Intelligence Support Center for each high intensity drug trafficking area is shared, on 

a timely basis, with the drug intelligence fusion center operated by the Organized 

Crime Drug Enforcement Task Force of the Department of Justice. 

‘‘(o) USE OF FUNDS TO COMBAT METHAMPHETAMINE TRAFFICKING.—

‘‘(1) IN GENERAL.—

‘‘(A) REQUIREMENT.—The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $15,000,000 is allocated to combat the trafficking of methamphetamine in areas designated by 

the Director as high intensity drug trafficking areas. 

‘‘(B) ACTIVITIES.—In meeting the requirement in subparagraph (A), the 

Director shall transfer funds to appropriate Federal, State, and local governmental agencies for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel, including agents, investigators, prosecutors, laboratory 

technicians, chemists, investigative assistants, and drug prevention specialists. 

‘‘(2) APPORTIONMENT OF FUNDS.—

‘‘(A) FACTORS IN APPORTIONMENT.—The Director shall apportion amounts 

allocated under paragraph (1) among areas designated by the Director as 

high intensity drug trafficking areas based on the following factors: 

‘‘(i) The number of methamphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the area 

during the previous fiscal year. 

‘‘(ii) The number of methamphetamine prosecutions in Federal, State, 

or local courts in the area during the previous fiscal year. 

‘‘(iii) The number of methamphetamine arrests by Federal, State, or 

local law enforcement officials in the area during the previous fiscal 

year. 

‘‘(iv) The amounts of methamphetamine or listed chemicals (as that 

term is defined in section 102(33) of the Controlled Substances Act (21 

U.S.C. 802(33)) seized by Federal, State, or local law enforcement officials in the area during the previous fiscal year. 

‘‘(v) Intelligence and predictive data from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and 

transportation in methamphetamine and listed chemicals (as that term 

is so defined). 

‘‘(B) CERTIFICATION.—Before the Director apportions any funds under this 

paragraph to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities responsible for clandestine methamphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. 

‘‘(p) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Office of National Drug Control Policy to carry out this section—

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

‘‘(2) $290,000,000 for each of fiscal years 2008 and 2009; and 

‘‘(3) $300,000,000 for each of fiscal years 2010 and 2011.’’. 

SEC. 10. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Dawson Family Community 

Protection Act’’. 

(b) FINDINGS.—Congress finds the following: 

(1) In the early morning hours of October 16, 2002, the home of Carnell and 

Angela Dawson was firebombed in apparent retaliation for Mrs. Dawson’s notification of police about persistent drug distribution activity in their East Baltimore City neighborhood. 

(2) The arson claimed the lives of Mr. and Mrs. Dawson and their 5 young 

children, aged 9 to 14. 

(3) The horrific murder of the Dawson family is a stark example of domestic 

narco-terrorism. 

(4) In all phases of counter-narcotics law enforcement—from prevention to investigation to prosecution to reentry—the voluntary cooperation of ordinary citizens is a critical component. 


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(5) Voluntary cooperation is difficult for law enforcement officials to obtain 

when citizens feel that cooperation carries the risk of violent retaliation by illegal drug trafficking organizations and their affiliates. 

(6) Public confidence that law enforcement is doing all it can to make communities safe is a prerequisite for voluntary cooperation among people who may 

be subject to intimidation or reprisal (or both). 

(7) Witness protection programs are insufficient on their own to provide security because many individuals and families who strive every day to make distressed neighborhoods livable for their children, other relatives, and neighbors 

will resist or refuse offers of relocation by local, State, and Federal prosecutorial 

agencies and because, moreover, the continued presence of strong individuals 

and families is critical to preserving and strengthening the social fabric in such 

communities. 

(8) Where (as in certain sections of Baltimore City) interstate trafficking of 

illegal drugs has severe ancillary local consequences within areas designated as 

high intensity drug trafficking areas, it is important that supplementary High 

Intensity Drug Trafficking Areas Program funds be committed to support initiatives aimed at making the affected communities safe for the residents of those 

communities and encouraging their cooperation with local, State, and Federal 

law enforcement efforts to combat illegal drug trafficking. 

(c) FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.—Section 

707 (21 U.S.C. 1706), as amended by section 9, is further amended by adding at 

the end the following new subsection: 

‘‘(q) SPECIFIC PURPOSES.—

‘‘(1) IN GENERAL.—The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $7,000,000 is used in high 

intensity drug trafficking areas with severe neighborhood safety and illegal 

drug distribution problems. 

‘‘(2) REQUIRED USES.—The funds used under paragraph (1) shall be used—

‘‘(A) to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of potential witnesses of 

illegal drug distribution and related activities; and 

‘‘(B) to combat illegal drug trafficking through such methods as the Director considers appropriate, such as establishing or operating (or both) a tollfree telephone hotline for use by the public to provide information about illegal drug-related activities.’’. 

SEC. 11. AMENDMENTS RELATING TO COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER. 

(a) CHIEF SCIENTIST.—Section 708(b) (21 U.S.C. 1707(b)) is amended—

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

‘‘CHIEF SCIENTIST.—’’; and 

(2) by striking ‘‘Director of Technology,’’ and inserting ‘‘Chief Scientist,’’. 

(b) ADDITIONAL RESPONSIBILITIES OF DIRECTOR.—Section 708(c) (21 U.S.C. 

1707(c)) is amended to read as follows: 

‘‘(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; 


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‘‘(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 TECH- NOLOGIES.—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.’’. 

(c) ASSISTANCE FROM SECRETARY OF HOMELAND SECURITY.—Section 708(d) (21 

U.S.C. 1707(d)) is amended by inserting ‘‘, the Secretary of Homeland Security,’’

after ‘‘The Secretary of Defense’’. 

SEC. 12. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN. 

(a) IN GENERAL.—Section 709 (21 U.S.C. 1708) is amended to read as follows: 

‘‘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: 


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‘‘(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 DrugFree 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: 


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‘‘(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 DrugFree 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.—


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‘‘(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. 


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‘‘(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 2007 and 

2008 and $210,000,000 for each of fiscal years 2009 through 2011.’’. 

(b) REPEAL OF SUPERSEDED PROVISIONS.—The Drug-Free Media Campaign Act of 

1998 (21 U.S.C. 1801 et seq.) is repealed. 

SEC. 13. DRUG INTERDICTION. 

(a) IN GENERAL.—Subsections (a) and (b) of section 711 (21 U.S.C. 1710) are 

amended to read as follows: 

‘‘(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. 


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‘‘(E) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFOR- MATION.—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.’’. 

(b) CONFORMING AMENDMENT TO HOMELAND SECURITY ACT OF 2002.—Section 878 

of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended—

(1) in subsection (c), by striking ‘‘Except as provided in subsection (d), the’’

and inserting ‘‘The’’; and 

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

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

SEC. 14. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO SHUT 

DOWN ILLICIT DRUG MARKET HOT-SPOTS BY DETERRING DRUG DEALERS OR ALTERING THE DYNAMIC OF DRUG SALES. 

Sections 713 and 714 (21 U.S.C. 1711) are redesignated as sections 715 and 716, 

respectively, and after section 712 (21 U.S.C. 1710) insert the following new section: 


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‘‘SEC. 713. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO SHUT 

DOWN ILLICIT DRUG MARKET HOT-SPOTS BY DETERRING DRUG DEALERS OR ALTERING THE DYNAMIC OF DRUG SALES. 

‘‘(a) AWARDS REQUIRED.—The Director shall make competitive awards for demonstration programs by eligible partnerships for the purpose of shutting down local 

illicit drug market hot-spots and reducing drug-related crime through evidencebased, strategic problem-solving interventions that deter drug dealers or alter the 

dynamic of drug sales. ‘‘(b) USE OF AWARD AMOUNTS.—Award amounts received under this section shall 

be used—

‘‘(1) to support the efforts of the agencies, organizations, and researchers included in the eligible partnership; ‘‘(2) to develop and field a directed and credible deterrent threat; and 

‘‘(3) to strengthen rehabilitation efforts through such means as job training, 

drug treatment, or other services. ‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this section, the term ‘eligible partnership’ means a working group whose application to the Director— ‘‘(1) identifies the roles played, and certifies the involvement of, three or more 

agencies or organizations, which may include— ‘‘(A) State or local agencies (such as those carrying out police, probation, 

prosecution, courts, corrections, parole, or treatment functions); ‘‘(B) Federal agencies (such as the Drug Enforcement Agency, the Bureau 

of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney 

offices); and ‘‘(C) community-based organizations; ‘‘(2) includes a qualified researcher; 

‘‘(3) includes a plan for identifying the impact players in, and assessing the 

nature and dynamic of, the local drug market and its related crime through information gathering and analysis; ‘‘(4) includes a plan for developing an evidence-based strategic intervention 

aimed at quickly and sustainably eradicating the local drug market by deterring 

drug dealers or altering the dynamic of drug sales; and ‘‘(5) includes a plan that describes the methodology and outcome measures 

proposed for evaluating the impact of that strategic intervention on drug sales, 

neighborhood disorder, and crime. ‘‘(d) REPORTS TO CONGRESS.— ‘‘(1) INTERIM REPORT.—Not later than June 1, 2009, the Director shall submit 

to Congress a report that identifies the best practices in drug market eradication, including the best practices identified through the activities funded 

under this section. ‘‘(2) FINAL REPORT.—Not later than June 1, 2010, the Director shall submit 

to Congress a report on the demonstration programs funded under this section, 

including on the matters specified in paragraph (1). ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2009.’’. 

SEC. 15. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE 

ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER COMMUNITY SUPERVISION 

THROUGH THE USE OF DRUG TESTING AND SANCTIONS. 

After section 713, as inserted by section 14 of this Act, insert the following new 

section: 

‘‘SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE 

ABSTINENCE IN CHRONIC HARD-DRUG USERS UNDER COMMUNITY SUPERVISION 

THROUGH THE USE OF DRUG TESTING AND SANCTIONS. 

‘‘(a) AWARDS REQUIRED.—The Director shall make competitive awards to fund 

demonstration programs by eligible partnerships for the purpose of reducing the use 

of illicit drugs by chronic hard-drug users living in the community while under the 

supervision of the criminal justice system. ‘‘(b) USE OF AWARD AMOUNTS.—Award amounts received under this section shall 

be used—

‘‘(1) to support the efforts of the agencies, organizations, and researchers included in the eligible partnership; 

‘‘(2) to develop and field a drug testing and graduated sanctions program for 

chronic hard-drug users living in the community under criminal justice supervision; and 

‘‘(3) to assist individuals described in subsection (a) by strengthening rehabilitation efforts through such means as job training, drug treatment, or other services. 

‘‘(c) ELIGIBLE PARTNERSHIP DEFINED.—In this section, the term ‘eligible partnership’ means a working group whose application to the Director—


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‘‘(1) identifies the roles played, and certifies the involvement of, two or more 

agencies or organizations, which may include—

‘‘(A) State or local agencies (such as those carrying out police, probation, 

prosecution, courts, corrections, parole, or treatment functions); 

‘‘(B) Federal agencies (such as the Drug Enforcement Agency, the Bureau 

of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney 

offices); and 

‘‘(C) community-based organizations; 

‘‘(2) includes a qualified researcher; 

‘‘(3) includes a plan for using judicial or other criminal justice authority to 

administer drug tests to individuals described in subsection (a) at least twice 

a week, and to swiftly and certainly impose a known set of graduated sanctions 

for non-compliance with community-release provisions relating to drug abstinence (whether imposed as a pre-trial, probation, or parole condition or otherwise); 

‘‘(4) includes a strategy for responding to a range of substance use and abuse 

problems and a range of criminal histories; 

‘‘(5) includes a plan for integrating data infrastructure among the agencies 

and organizations included in the eligible partnership to enable seamless, realtime tracking of individuals described in subsection (a); 

‘‘(6) includes a plan to monitor and measure the progress toward reducing the 

percentage of the population of individuals described in subsection (a) who, 

upon being summoned for a drug test, either fail to show up or who test positive 

for drugs. 

‘‘(d) REPORTS TO CONGRESS.—

‘‘(1) INTERIM REPORT.—Not later than June 1, 2009, the Director shall submit 

to Congress a report that identifies the best practices in reducing the use of illicit drugs by chronic hard-drug users, including the best practices identified 

through the activities funded under this section. 

‘‘(2) FINAL REPORT.—Not later than June 1, 2010, the Director shall submit 

to Congress a report on the demonstration programs funded under this section, 

including on the matters specified in paragraph (1). 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to carry out this section $10,000,000 for each of fiscal years 2007 through 2009.’’. 

SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

Section 716 (21 U.S.C. 1711), as redesignated by section 14 of this Act, is amended—

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

are otherwise specifically authorized by this title,’’; and 

(2) by striking ‘‘1999 through 2003’’ and inserting ‘‘2007 through 2011’’. 

SEC. 17. TECHNICAL AMENDMENTS AND REPEAL. 

(a) AMENDMENT TO PUBLIC HEALTH SERVICE ACT TO REPLACE OBSOLETE REFERENCES.—Section 464P(c) of the Public Health Service Act (42 U.S.C. 285o–4(c)) is 

amended—

(1) in paragraph (1), by striking ‘‘under section 1002 of the Anti-Drug Abuse 

Act of 1988 (21 U.S.C. 1501)’’ and inserting ‘‘under section 703 of the Office of 

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

and 

(2) in paragraph (2), by striking ‘‘under section 1005 of the Anti-Drug Abuse 

Act of 1988 (21 U.S.C. 1504)’’ and inserting ‘‘under section 706 of the Office of 

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

(b) REPEAL OF SPECIAL FORFEITURE FUND.—Section 6073 of the Asset Forfeiture 

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

SEC. 18. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL FEDERAL ADVERTISING OR OTHER COMMUNICATION MATERIALS. 

Section 712 is amended to read as follows: 

‘‘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 


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‘‘(2) a communication by an individual in any form, including speech, print, 

or by any electronic means.’’. 

SEC. 19. POLICY RELATING TO SYRINGE EXCHANGE PROGRAMS. 

Section 703(a) (21 U.S.C. 1702(a)) is amended by adding at the end the following: ‘‘When developing the national drug control policy, any policy of the Director relating to syringe exchange programs for intravenous drug users shall be based on the 

best available medical and scientific evidence regarding their effectiveness in promoting individual health and preventing the spread of infectious disease, and their 

impact on drug addiction and use. In making any policy relating to syringe exchange programs, the Director shall consult with the National Institutes of Health 

and the National Academy of Sciences.’’. 

PURPOSE AND SUMMARY

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 Fiscal Year (FY) 

2010. It also renews congressional authorization for national programs administered by ONDCP, including the National Youth 

Anti-Drug Media Campaign and the High Intensity Drug Trafficking Areas (HIDTA) program. The office was originally created 

in 1988 and serves as the President’s principal advisor with respect 

to drug control policy development and program oversight. 

ONDCP’s current statutory mission is to guide the Nation’s efforts 

to both reduce the use, manufacturing, and trafficking of illicit 

drugs, and to reduce the associated crime, violence, and health consequences of illegal drug use. 

H.R. 2829 was referred to the House Committees on Government 

Reform, Intelligence, Energy and Commerce, and the Judiciary on 

June 9th, 2005. This legislation was reported as amended by the 

Committee on Government Reform on November 18th, 2005 (H.R. 

Rept. No. 109–315, Part I). The Committees on the Judiciary, Intelligence, and Energy and Commerce received extensions on the referral to March 3rd, 2006. 

BACKGROUND AND NEED FOR THE LEGISLATION

Since Congress established ONDCP in 1988, the office has been 

the cornerstone of Federal drug policy in the United States, improving the lives of all Americans by reducing the impact of drugs 

and the consequences of their abuse in our society and communities. The ONDCP Director advises the President on national and 

international drug control policies and strategies, formulates the 

National Drug Control Strategy, reviews and certifies the budgets 

of National Drug Control Program Agencies, and works to ensure 

the effective coordination of drug programs by the National Drug 

Control Program agencies. 

The last authorization for the Office of National Drug Control 

Policy (ONDCP) expired on September 30, 2003. ONDCP’s statutory mission is to guide the Nation’s efforts to reduce the use, manufacturing, and trafficking of illicit drugs, and to reduce the associated crime, violence, and health consequences of illegal drug use. 

Its Director serves as the principal advisor to the President on drug 

control policy development and program oversight. Congress established ONDCP through the Anti-Drug Abuse Act of 1988, and reauthorized it in 1993 and 1998. During the 108th Congress, the Committee approved, and the House subsequently passed, a reauthorVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR315P3.XXX HR315P3

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ization bill (H.R. 2086) in 2003. However, the Senate did not act 

on this legislation. Despite the lack of statutory authorization, Congress has continued to appropriate funds for ONDCP and its programs. 

The Director reviews the annual budget requests for each Federal department and agency charged with implementing a Federal 

drug control program and is empowered to require funding levels 

and initiatives the Director believes are sufficient to accomplish 

those goals. Additionally, the National Drug Control Strategy is 

submitted to Congress annually to coordinate the Nation’s antidrug efforts and establish programs, budgets, and guidelines for cooperation among Federal, State, and local entities. This document 

contains a number of mandated statistics and assessments related 

to drug policy and serves as a strategic review of Federal programs 

by evaluating their coordination and effectiveness. 

ONDCP also administers approximately $500 million in programs, including: the High Intensity Drug Trafficking Areas 

(HIDTA) program, which provides assistance for State and local 

law enforcement to coordinate with Federal agencies to assist in 

the prevention of drug trafficking in critical areas of the country 

that have an impact on the national drug market; the National 

Youth Anti-Drug Media Campaign, which supports the airing of 

anti-drug television and print ads; the Drug-Free Communities 

grant program; and the Counter Drug Technology Assessment Center (CTAC). 

To assist in these responsibilities at a senior level, ONDCP also 

authorizes a Deputy Director of National Drug Control Policy and 

Deputy Directors for Demand Reduction, Supply Reduction, and 

State and Local Affairs, all of whom are appointed by the President 

with the advice and consent of the Senate. ONDCP has a total staff 

of approximately 110 employees and an overall budget of approximately $520 million. 

HEARINGS

The House Committee on the Judiciary held no hearings on H.R. 

2829. 

COMMITTEE CONSIDERATION

On June 9, 2005, the House Committee on the Judiciary received 

a referral of H.R. 2829. On March 2, 2006, the Committee met in 

open session and ordered favorably reported the bill H.R. 2829, as 

amended, by voice vote, a quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during the Committee consideration of H.R. 2829. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of RepVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR315P3.XXX HR315P3

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resentatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 2859, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974. 

MARCH 3, 2006. 

Hon. F. JAMES SENSENBRENNER, JR., Chairman, Committee on the Judiciary 

U.S. House of Representatives, Washington, DC 20515 

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, who 

can be reached at 226–2860. 

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 2011. Major programs administered by 

ONDCP 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 esti- mates that implementing H.R. 2829 would cost about $3 billion 

over the 2007–2011 period. Of this total, about $2.2 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). 


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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 1 ....................................... 479 0 0 0 0 0 

Estimated Outlays ....................................... 484 196 36 11 0 0 

Proposed Changes: 

High-Intensity Drug Trafficking Areas 

Authorization Level ............................. 0 280 290 290 300 300 

Estimated Outlays .............................. 0 70 241 275 292 299 

National Youth Anti-Drug Media Campaign 

Authorization Level ............................. 0 195 195 210 210 210 

Estimated Outlays .............................. 0 176 195 209 210 210 

Demonstration Programs 

Authorization Level ............................. 0 20 20 20 0 0 

Estimated Outlays .............................. 0 18 20 20 2 0 

Other Federal Drug Control Programs 

Estimated Authorization Level ............ 0 97 98 100 102 104 

Estimated Outlays .............................. 0 81 94 98 100 101 

Counterdrug Technology Assessment Center 

Estimated Authorization Level ............ 0 31 31 32 32 33 

Estimated Outlays .............................. 0 29 31 32 32 33 

Office of National Drug Control Policy 

Estimated Authorization Level ............ 0 28 29 30 30 31 

Estimated Outlays .............................. 0 24 28 30 30 31 

Other Provisions 

Estimated Authorization Level ............ 0 7 7 7 7 7 

Estimated Outlays .............................. 0 6 7 7 7 7 

Total Proposed Changes 

Estimated Authorization Level ... 0 657 670 689 681 685 

Estimated Outlays ..................... 0 403 615 669 672 680 

Total Spending Under H.R. 2829 for ONDCP 

Estimated Authorization Level 1 .................. 479 657 670 689 681 685 

Estimated Outlays ....................................... 484 599 651 680 672 680 

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

1 The 2006 level is the amount appropriated for that year for programs administered by the Office of National Drug Control Policy. 

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 

2011. 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, would result in outlays of $403 million in 

2007 and about $3 billion over the 2007–2011 period. 

High-Intensity Drug Trafficking Areas. Section 9 would authorize 

the appropriation of $280 million in fiscal year 2007, $290 million 

for 2008 and 2009, 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 $70 million in fiscal year 2007 and $1.2 billion over the 2007–

2011 period. 

National Youth Anti-Drug Media Campaign. Section 12 would 

authorize the appropriation of $195 million in fiscal years 2007 and 

2008 and $210 million a year for the 2009–2011 period for the NaVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR315P3.XXX HR315P3

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tional Youth Anti-Drug Media Campaign (NYADMC) program. 

NYADMC delivers anti-drug messages through mass communications to help prevent and reduce youth drug use. Assuming appropriation of the specified amounts, CBO estimates that implementing this provision would cost $176 million in 2007 and about 

$1 billion over the 2007–2011 period. 

Demonstration Programs. Sections 14 and 15 would authorize the appropriation of $20 million annually over the 2007–2009 pe- riod to fund two demonstration projects ($10 million per program). 

The demonstration projects would work to reduce drug abuse in the 

criminal justice system and deter illegal drug markets. Assuming 

appropriation of the specified amounts, CBO estimates that implementing these provisions would cost $18 million in 2007 and $60 

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 2011. Those include the Drug-Free 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 $81 million in 2007 and about 

$475 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 $157 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 drugcontrol programs. Assuming appropriation of the necessary 

amounts, CBO estimates that those activities would cost $24 million in 2007 and $141 million over the 2007–2011 period. This estimate is based on historical spending patterns and assumes that the 

appropriation for 2006 is adjusted for anticipated inflation. 

Other Provisions. Section 6 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 13 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 


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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 costs incurred by state, local, or tribal entities would 

result from participating in a voluntary federal program. 

Previous CBO estimates: On March 2, 2006, CBO transmitted a 

cost estimate for H.R. 2829, as ordered reported by the House Committee on Energy and Commerce on February 16, 2006. 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 versions of H.R. 

2829 and H.R. 2565 would reauthorize ONDCP and programs administered through that office. However, each version of legislation 

would authorize varying amounts for various activities over different time periods. CBO’s cost estimates for those bills reflect 

those differences. 

The version of H.R. 2879 that was ordered reported by the House 

Committee on Government Reform contains two intergovernmental 

mandates as defined in UMRA not contained in the Judiciary Committee’s version: a preemption of state privacy laws and new authority for the Director of ONDCP to regulate public institutions of 

higher education. The mandates statements in CBO’s estimates reflect this difference. CBO found no intergovernmental mandates in 

either the Energy and Commerce version or the Judiciary Committee version of H.R. 2829. 

The version of H.R. 2829 approved by the House Committee on 

Government Reform on June 16, 2005, also contains private-sector 

mandates regarding steroid use in title II. The Judiciary version 

and the Energy and Commerce version do not include those mandates. 

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. 

PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of the report. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in art. I, § 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The following discussion describes the bill as reported by the 

Committee on the Judiciary. 

Section 1. Short title 

This section designates the short title of the bill as the ‘‘Office 

of National Drug Control Policy Reauthorization Act of 2005.’’

Section 2. Amendment of Office of National Drug Control Policy Reauthorization Act of 1998 

This section notes that the legislation amends and repeals in 

part the Office of National Drug Control Policy Reauthorization Act 

of 1998 (the 1998 Act). 

Section 3. Repeal of termination provision 

This section reauthorizes ONDCP and its programs by repealing 

the 1998 Act’s sunset provision. The bill still limits authorized appropriations to five more fiscal years, from 2006 through 2010 in 

section 114. 

Section 4. Amendments to definitions 

This section clarifies the definition of various terms related to 

drug control defined in the Act, which also affect the responsibilities of certain Deputy Directors within the Office. The definition 

of ‘‘demand reduction’’ activities is amended to include drug testing 

of employees, interventions to stop drug addiction, and international efforts to achieve basic demand reduction policies (such as 

treatment and prevention). The existing definition of the ‘‘National 

Drug Control Program’’ is clarified to ensure that it includes all 

Federal activities involving supply reduction, demand reduction, or 

State and local affairs (as those terms are defined in 21 U.S.C. 

§ 1701). Such activities are defined as part of the National Drug 

Control Program, even if some of them are not exclusively dedicated to drug control. 

The definition of ‘‘State and local affairs’’ is amended to include 

both domestic drug enforcement and intelligence. This section also 

classifies facilitating Federal, State, and local cooperation as ‘‘State 

and local affairs,’’ and adds the task of facilitating drug intelligence 

sharing among the different levels of government. The definition of 

‘‘supply reduction’’ is amended to include law enforcement activities 

outside the United States, as well as other programs in drug source 

countries (including alternative development programs, such as 

those administered by the U.S. Agency for International Development (USAID) in Colombia, primarily intended to reduce the production and trafficking of illegal drugs). This section also defines 

intelligence sharing among only Federal or foreign agencies (as opposed to sharing involving State or local agencies), as a supply reduction function. 


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Two new definitions are added, one listing the Congressional 

committees that are the primary recipients of information from the 

Office, and another defining ‘‘law enforcement’’ related to drug control. The latter definition clarifies that drug law enforcement includes not simply investigation and arrest, but prosecution and incarceration or other punishment of drug offenders. 

Subsection (b) makes several conforming amendments to the 

statutory responsibilities of the Deputy Directors, to reflect the 

clarified definitions of supply reduction, demand reduction, and 

State and local affairs. The subsection also confirms the existing 

responsibility of the Deputy Director for State and Local Affairs for 

the High Intensity Drug Trafficking Areas (HIDTA) and 

Counterdrug Technology Assessment Center (CTAC) programs. 

Section 5. Amendments relating to establishment of Office of National Drug Control Policy and designation of officers 

Section 105 makes specific changes to the appointment and responsibilities of the Director of ONDCP and his subordinate officers. Subsection (a) clarifies the current responsibility of the Director to evaluate the effectiveness of national drug control programs, 

to include the requirement that the Director use specific goals and 

performance measures. Subsection (b) provides that the Director 

shall have the same ‘‘rank and status’’ as the heads of the executive departments already defined by statute. Subsection (c) provides that the Deputy Director for Supply Reduction shall have 

substantial experience in drug interdiction operations. 

Section 6. Amendments related to appointment and duties of Director and Deputy Director 

Section 106 makes amendments to the specific duties of the Director and Deputy Director of National Drug Control Policy. These 

changes apply to budget and drug certification processes along with 

other duties of the Director and Deputy Director. Existing law is 

amended to provide that any ‘‘officer or employee’’ may serve as the 

Director in the absence of the Director. The change clarifies that 

politically appointed officers may serve as the Acting Director. Additionally, the term ‘‘Federal departments and agencies engaged in 

drug enforcement’’ is changed to ‘‘national drug control program 

agencies’’ to conform to the term already defined in the statute. 

Outlined in this section are the duties of the Director pertaining 

to budget certification processes. The Director is prohibited from 

certifying the adequacy of any drug control program budget request 

that (1) fails to adequately compensate for transfers of drug enforcement resources to non-drug related activities; (2) requests 

funding for border activities that do not adequately address drug 

interdiction; (3) requests funding for drug treatment activities that 

do not provide result and accountability measures; (4) requests 

funding for drug treatment activities that do not adequately support and enhance Federal drug treatment programs and capacity; 

(5) requests funding for Department of Education drug control programs that do not follow reporting requirements concerning expedited consideration of student loan applications from improperly 

denied students; or (6) requests funding for management and operations of the Department of Homeland Security without including 


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a specific request for funding for that Department’s Office of Counternarcotics Enforcement. 

The bill adds requirements for authorizing committees for the Office to receive notification whenever the Director exercises certain 

authorities with respect to Federal drug control budgets and funding. Additionally, the Director’s authority to issue Fund Control 

Notices is clarified to extend to all drug control program agencies. 

The Director’s authority to participate in the annual drug certification process is clarified to include the recently amended certification process. In addition, the Director is required to submit a report to the President each year providing an assessment of whether 

major drug transit or production countries are fully cooperating 

with the United States, and whether certain procedures provided 

for in the amended law with respect to countries not fully cooperating should be applied. The Director is also required to transmit 

the report to the Secretary of State and the authorizing committees 

for the Office. The Director’s responsibilities are expanded to include new duties relating to treatment research, and coordination 

of efforts to assist State and local efforts against drug trafficking. 

This section adds a new requirement to the drug budget process 

that any drug budget request made by an agency include all drug 

control activities of that agency, including demand reduction, supply reduction, and State and local affairs. At present, the drug 

budget process excludes a number of significant drug control activities. This section also requires ONDCP, within 90 days of enactment, to submit to Congress two separate, comprehensive strategies to address the threat of heroin from South America (in particular Colombia and Peru), and Afghanistan. The Director is also 

required to submit, with the concurrence of the Director of National Intelligence, a new General Counterdrug Intelligence Plan to 

improve coordination, and eliminate unnecessary duplication, 

among the counterdrug intelligence centers, information sharing 

systems, and other counterdrug activities of the Federal government. The Plan is due within 120 days of enactment, and new 

Plans must be submitted every two years thereafter. 

The Director is also required to submit, within 120 days of enactment, a comprehensive strategy to address narcotics trafficking at 

the Southwest Border between the United States and Mexico. Finally, this section requires ONDCP to submit, within 90 days of enactment, a report that includes a plan to conduct, on an expedited 

basis, a scientific study of the use of mycoherbicide as a means of 

illicit drug crop elimination by an appropriate government scientific research entity, including a complete and thorough scientific 

peer review. The study shall include an evaluation of the likely 

human health and environmental impacts of such use. The report 

shall also include a plan to conduct controlled scientific testing in 

a major drug producing nation of mycoherbicide. 

Section 7. Amendments relating to coordination with other agencies 

This section makes technical corrections to the existing law, that 

reflect the creation of the position of Director of National Intelligence in 2004. This section also mandates a number of reports 

from Federal departments on drug control issues to the Director 

and authorizing committees for the Office. 


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Section 8. Development, submission, implementation, and assessment of National Drug Control Strategy 

This section revises the process and content for the National 

Drug Control Strategy. The Director is required to submit an annual Strategy report, which shall include significant information 

about the nature and impact of drug trafficking and abuse in the 

United States. 

Section 9. High Intensity Drug Trafficking Areas Program 

This section addresses the High Intensity Drug Trafficking Areas 

(HIDTA) program, adding several new provisions to the existing 

statutory authorization for the program, which contains limited 

guidance. 

The Secretary of Homeland Security is added as an official the 

Director is required to consult before designating a HIDTA. The 

bill includes a statement of purposes for the program, as well as 

revised criteria for designating HIDTAs. ONDCP is directed to establish, by regulation, procedures for areas to seek designation as 

a HIDTA. The bill also sets forth the basic guidelines for the executive committees that govern an individual HIDTA. 

ONDCP is also directed to submit, as part of each annual budget 

proposal to Congress, a spending plan that indicates the specific 

amount proposed to be spent on each HIDTA. The bill restates current law regarding the Director’s authority to reassign Federal personnel to HIDTAs and otherwise increase Federal assistance. The 

Director is prohibited from expending funds to create or expand 

drug prevention or drug treatment programs in any HIDTA, but 

would be free to continue funding existing programs if necessary. 

The Director is authorized to permit HIDTA assistance to investigations related to terrorism, but is required to ensure that such 

assistance remains incidental and that significant resources of the 

program are not redirected to activities exclusively related to terrorism. A representative of the Drug Enforcement Administration 

must be included in the Intelligence Support Center of each 

HIDTA. The HIDTA program is authorized at $280 million in fiscal 

year 2006, $290 million in fiscal years 2007 and 2008, and 

$300,000,000 in fiscal years 2009 and 2010. 

Section 10. Funding for certain High Intensity Drug Trafficking 

Areas 

This section may be referred to as the ‘‘Dawson Family Community Protection Act.’’ It includes findings expressing the sense of 

Congress regarding the firebombing of the Dawson family home in 

October 2002, the need for cooperation of citizens in law enforcement, and the need for initiatives aimed at improving community 

safety and encouraging cooperation to counter illegal drug traffic. 

The Director is directed to ensure that at least $5 million in 

HIDTA funding is used in areas with severe neighborhood safety 

and illegal drug distribution problems to ensure neighborhood safety and combat illegal drug trafficking. 

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

Section 111 contains provisions relating to the Counterdrug 

Technology Assessment Center (CTAC). The title of ‘‘Director of 


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Technology’’ within ONDCP is changed to ‘‘Chief Scientist.’’ Explicit 

authority is added for the Chief Scientist to oversee and coordinate 

a technology transfer program to State and local law enforcement. 

The Chief Scientist is also required to give general priority for such 

grants based on need and potential impact on drug trafficking; a 

specific priority is also required for technologies most likely to assist in drug interdiction and border enforcement to agencies in 

southwest border areas and northern border areas with significant 

traffic in illegal drugs. The Substance Abuse and Mental Health 

Administration is included in the list of agencies to be consulted 

with respect to technology research related to drug treatment. 

Section 12. National youth antidrug media campaign 

Section 112 restates some of the existing law authorizing the 

Media Campaign, and makes some amendments. The primary purposes of the Campaign are restated and clarified. Authorization to 

use funds for creative and talent costs is narrowed so that the Director will use donated creative services wherever possible and may 

only use funds for creative services for advertising responding to 

high-priority or emergent campaign needs that cannot timely be obtained at no cost, or intended to reach a minority, ethnic or other 

special audience that cannot be obtained at no cost. Funding for 

creative services is limited to $1.5 million per fiscal year, unless 

the Director demonstrates and the Appropriations Committees approve increased funding for urgent needs, which may not exceed $2 

million. 

The Director is required to test all advertisements to ensure they 

are effective and meet industry-accepted standards. The requirement can be waived for advertisements making up less than 10 

percent of the airtime and print space of the Campaign. The Director is also required to designate an independent entity to evaluate 

the effectiveness of the Campaign using certain specified data. This 

independent entity is also required to ensure the effectiveness of 

the Media Campaign is evaluated in a manner that enables consideration of whether the Media Campaign has contributed to reduction of illicit drug use by youth and such other measures of evaluation as the Director determines are appropriate. 

The bill requires that 77 percent of the amounts appropriated for 

the Media Campaign must be used for the purchase of advertising 

time and space. The limit changes to 82 percent when less than 

$125 million is appropriated for the program, and 72 percent when 

more than $195 million is appropriated for the program. The bill 

prohibits funding for advertising not containing a primary message 

intended to prevent illicit drug use or intended to promote support 

for the Media Campaign or private sector contributions to the 

Media Campaign. In addition to the existing prohibition on expenditure of campaign funds for partisan political activity, the bill prohibits express advocacy in support of or to defeat any clearly identified candidate, clearly identified ballot initiative, or clearly identified legislative or regulatory proposal. The appearance of certain 

elected and politically appointed officials in Media Campaign advertising is also prohibited. 

The Director is required to ensure that 70 percent of no-cost 

match advertising directly relates to substance abuse prevention 

consistent with the specific purposes of the Media Campaign. The 


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limit changes to 85 percent in any fiscal year in which less than 

$125 million is appropriated to the Media Campaign. In addition, 

the Director is required to ensure that no-cost match advertising 

that does not directly relate to substance abuse prevention include 

a clear anti-drug message, which is not required to be the primary 

message of the match advertising. 

The bill provides that the Partnership for a Drug-Free America 

shall serve as the primary outside strategic advisor to the campaign and be responsible for coordinating donations of creative and 

other services to the campaign, except those funded under authorities provided elsewhere in the bill. The Director shall inform the 

Partnership of the strategic goals of the campaign and consider advice from the Partnership on campaign strategy. The bill also restates provision of current law requiring certain information on 

local treatment resources to be included in Media Campaign advertising where feasible. 

Congress makes several findings regarding marijuana use by 

America’s youth. The Director is authorized to emphasize prevention of youth marijuana use in advertising and activities otherwise 

authorized in this section. 

The bill requires an annual report to Congress on the performance of the Media Campaign. The Media Campaign is authorized 

at $195 million in Fiscal Years 2006 and 2007, and at $210 million 

in Fiscal Years 2008 through 2010. 

Section 13. Drug interdiction 

This section replaces the previously existing law with new provisions that establish and define the functions and role of the United 

States Interdiction Coordinator (USIC) and the Interdiction Committee (TIC). The Deputy Director for Supply Reduction of the Office serves as the USIC, and is responsible for: (1) coordinating the 

interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy; 

(2) issuing the annual National Interdiction Command and Control 

Plan (NICCP); (3) assessing the sufficiency of assets committed to 

illicit drug interdiction by the relevant National Drug Control Program agencies; and (4) advising the Director on the efforts of each 

National Drug Control Program agency to implement the NICCP. 

The NICCP is required to: (1) set forth the government’s strategy 

for drug interdiction; (2) state the specific roles and responsibilities 

of the relevant National Drug Control Program agencies for implementing that strategy; and (3) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement that strategy. 

This section also authorizes the TIC, which is to meet to: (1) 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; (2) review 

the annual NICCP, and provide advice to the Director and the 

USIC concerning that plan; and (3) provide such other advice to the 

Director concerning drug interdiction strategy and policies as the 

committee determines is appropriate. The TIC is required to meet 

in person at least once per year, with additional meetings subject 

to the call of the Director or the chairman of the TIC. 


ccoleman on PROD1PC71 with HEARING
37 

The section includes a conforming amendment that modifies the 

Homeland Security Act of 2002 (6 U.S.C. 458), to delete the reference to the USIC position from the description of the position of 

Director of Counternarcotics Enforcement at the Department of 

Homeland Security. 

Section 14. Awards for demonstration programs by local partnerships to shut down illicit drug market hot-spots by deterring 

drug dealers or altering the dynamic of drug sales. 

Section 114 would authorize funding for demonstration programs 

that fund interagency collaborations with representatives from 

criminal justice, research, social service and community-based 

agencies. The programs would analyze local markets to develop 

strategic interventions that communicate a credible threat to a concentrated group of chronic offenders and provide rehabilitative 

services for the non-violent offenders. The programs would be responsible for evaluating the effectiveness of the strategic intervention. An example of this approach was recently applied in High 

Point, NC, and the drug market promptly collapsed with minimal 

police intervention or crime displacement. Within one year of implementation, the drug crime rate fell by 34 percent and the violent 

crime rate was cut in half. 

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

community supervision through the use of drug testing and 

sanctions 

Section 115 would authorize funding for demonstration programs 

that fund interagency collaborations with representatives from 

criminal justice, research, treatment and community-based agencies. The program would develop coerced abstinence (testing and 

graduated sanctions) interventions that communicate a credible deterrent threat to a concentrated group of chronic offenders, provide 

rehabilitative services to these offenders and evaluate the effectiveness of the strategic interventions. An example of this approach is 

currently being applied in Honolulu, Hawaii. Control group defendants had a positive drug test rate of 21.9 percent and a missed appointment rate of 10 percent, compared with program participants 

who had a positive drug test rate of 3.8 percent and a missed appointment rate of 1.3 percent. 

Section 16. Authorization of appropriations 

Section 114 authorizes appropriations for ONDCP activities 

through fiscal year 2010. Except for activities otherwise specified, 

such sums as are necessary are authorized to be appropriated for 

fiscal years 2006 through 2010. 

Section 17. Technical amendments and repeal 

This section deletes obsolete references elsewhere in the United 

States Code, and repeals the Special Forfeiture Fund. 

Section 18. Requirement for disclosure of Federal sponsorship of all 

Federal advertising or other communication materials 

This section requires that each advertisement or other communication paid for by the Office, either directly or through a contract 


ccoleman on PROD1PC71 with HEARING
38 

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. 

Section 19. Policy relating to syringe exchange programs 

This section further amends Section 703(a) (21 U.S.C. §1702(a)) 

by adding a requirement that 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. 

The Director is required, when making any policy relating to syringe exchange programs, to consult with the National Institutes of 

Health and the National Academy of Sciences. 

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 

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; øand¿ 

(G) drug testingø.¿, 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 øAgency¿ 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 


ccoleman on PROD1PC71 with HEARING
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Drug Control Strategy, but does not include any agency that 

receives funds for drug control activity solely under the øNational 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 øimplicates¿ 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; 

øand¿ 

(C) such other cooperative governmental activities which 

promote a comprehensive approach to drug control at the 

national, State, territory, and local levelsø.¿; 

(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; 

ø(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) interdictionø; and¿. ø(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 GovernVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00039 Fmt 6659 Sfmt 6603 E:\HR\OC\HR315P3.XXX HR315P3

ccoleman on PROD1PC71 with HEARING
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ment 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) * * * 

* * * * * * * 

ø(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 øOffice—¿ 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 ø(G)¿ (I) of section 702(1); 

(B) a Deputy Director for Supply Reduction, øwho 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 ø(C)¿ (E) of section 702(10) øand subparagraph (D) of section 702(11)¿, and sections 707 and 

708 of this Act. 

* * * * * * * 


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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 øpermanent 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 øFederal 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 ø(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 øAppropriations 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); øand¿ 

(15) shall ensure that drug prevention and drug treatment 

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tional Drug Control Program agencies to State and local 

governments and nongovernmental entities involved in demand reduction by— (A) * * * 

* * * * * * * 

ø(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; 

(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; and 

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

the Office of National Drug Control Policy Reauthorization Act 

of 2005, report to Congress on the impact of each Federal drug 

reduction strategy upon the availability, addiction rate, use 

rate, and other harms of illegal drugs. 

(c) 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 


ccoleman on PROD1PC71 with HEARING
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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 


ccoleman on PROD1PC71 with HEARING
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all individuals who submitted an application for any 

Federal grant, loan, or work assistance that was rejected or denied pursuant to 484(r)(1) of the Higher 

Education Act of 1965 (20 U.S.C. 1091(r)(1)) by reason 

of a conviction for a drug-related offense not occurring 

during a period of enrollment for which the individual 

was receiving any Federal grant, loan, or work assistance; and 

(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). 

ø(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. 

ø(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 ø$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) * * * 

* * * * * * * 


ccoleman on PROD1PC71 with HEARING
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(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 øhave 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 øStrategy; 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 ø(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 


ccoleman on PROD1PC71 with HEARING
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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 øNational 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 øDirector 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 øabuse¿ control; or 

* * * * * * * 

(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 øDirector 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 øDirector 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. 

ø(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 


ccoleman on PROD1PC71 with HEARING
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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 øProgram.¿ Strategy. 

(c) GENERAL SERVICES ADMINISTRATION.—The Administrator of 

General Services shall provide to the Director, øin¿ on a reimbursable basis, such administrative support services as the Director 

may request. 

* * * * * * * 

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

ø(a) TIMING, CONTENTS, AND PROCESS FOR DEVELOPMENT AND

SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.—


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ø(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. 

ø(2) CONTENTS.— ø(A) IN GENERAL.—The National Drug Control Strategy 

submitted under paragraph (1) shall include— ø(i) comprehensive, research-based, long-range, 

quantifiable, goals for reducing drug abuse and the 

consequences of drug abuse in the United States; 

ø(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; 

ø(iii) 5-year projections for program and budget priorities; and 

ø(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. 

ø(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. 

ø(3) PROCESS FOR DEVELOPMENT AND SUBMISSION.—

ø(A) CONSULTATION.—In developing and effectively implementing the National Drug Control Strategy, the Director— ø(i) shall consult with—

ø(I) the heads of the National Drug Control Program agencies; 

ø(II) Congress; 

ø(III) State and local officials; 

ø(IV) private citizens and organizations with experience and expertise in demand reduction; 

ø(V) private citizens and organizations with experience and expertise in supply reduction; and 

ø(VI) appropriate representatives of foreign governments; 

ø(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 

ø(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. 

ø(B) INCLUSION IN STRATEGY.—The National Drug Control Strategy under this subsection, and each report subVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00048 Fmt 6659 Sfmt 6601 E:\HR\OC\HR315P3.XXX HR315P3

ccoleman on PROD1PC71 with HEARING
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mitted under subsection (b), shall include a list of each entity consulted under subparagraph (A)(i). 

ø(4) SPECIFIC TARGETS.—The targets in the National Drug 

Control Strategy shall include the following: 

ø(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. 

ø(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. 

ø(C) Reduction of the availability of cocaine, heroin, 

marijuana, and methamphetamine in the United States by 

80 percent by December 31, 2003. 

ø(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. 

ø(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—

ø(i) reduction of State and Federal unlawful drug 

trafficking and distribution; 

ø(ii) reduction of State and Federal crimes committed by persons under the influence of unlawful 

drugs; 

ø(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 

ø(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. 

ø(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 deVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00049 Fmt 6659 Sfmt 6601 E:\HR\OC\HR315P3.XXX HR315P3

ccoleman on PROD1PC71 with HEARING
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scribed in paragraph (4), the Director may formulate a strategy 

for additional reductions in drug use and availability and drugrelated crime beyond the 5-year period covered by the National 

Drug Control Strategy that has been submitted. 

ø(b) ANNUAL STRATEGY REPORT.—

ø(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—

ø(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—

ø(i) an assessment of drug use and availability in 

the United States; and 

ø(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; 

ø(B) any modifications of the National Drug Control 

Strategy or the performance measurement system described in subsection (c); 

ø(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; 

ø(D) measurable data evaluating the success or failure 

in achieving the annual measurable objectives described in 

subsection (a)(2)(A)(ii); 

ø(E) an assessment of current drug use (including 

inhalants) and availability, impact of drug use, and treatment availability, which assessment shall include—

ø(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—

ø(I) casual and chronic drug use; 

ø(II) high-risk populations, including school 

dropouts, the homeless and transient, arrestees, 

parolees, probationers, and juvenile delinquents; 

and 

ø(III) drug use in the workplace and the productivity lost by such use; 

ø(ii) an assessment of the reduction of drug availability against an ascertained baseline, as measured 

by—

ø(I) the quantities of cocaine, heroin, marijuana, 

methamphetamine, and other drugs available for 

consumption in the United States; 

ø(II) the amount of marijuana, cocaine, heroin, 

and precursor chemicals entering the United 

States; 


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ø(III) the number of hectares of marijuana, 

poppy, and coca cultivated and destroyed domestically and in other countries; 

ø(IV) the number of metric tons of marijuana, 

heroin, cocaine, and methamphetamine seized; 

ø(V) the number of cocaine and methamphetamine processing laboratories destroyed domestically and in other countries; 

ø(VI) changes in the price and purity of heroin 

and cocaine, changes in the price of methamphetamine, and changes in tetrahydrocannabinol level 

of marijuana; 

ø(VII) the amount and type of controlled substances diverted from legitimate retail and wholesale sources; and 

ø(VIII) the effectiveness of Federal technology 

programs at improving drug detection capabilities 

in interdiction, and at United States ports of 

entry; 

ø(iii) an assessment of the reduction of the consequences of drug use and availability, which shall include estimation of—

ø(I) the burden drug users placed on hospital 

emergency departments in the United States, such 

as the quantity of drug-related services provided; 

ø(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; 

ø(III) the extent of drug-related crime and 

criminal activity; and 

ø(IV) the contribution of drugs to the underground economy, as measured by the retail value 

of drugs sold in the United States; 

ø(iv) a determination of the status of drug treatment 

in the United States, by assessing—

ø(I) public and private treatment capacity within each State, including information on the treatment capacity available in relation to the capacity 

actually used; 

ø(II) the extent, within each State, to which 

treatment is available; 

ø(III) the number of drug users the Director estimates could benefit from treatment; and 

ø(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 

ø(v) a review of the research agenda of the CounterDrug Technology Assessment Center to reduce the 

availability and abuse of drugs; and 


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ø(F) an assessment of private sector initiatives and cooperative efforts between the Federal Government and State 

and local governments for drug control. 

ø(2) SUBMISSION OF REVISED STRATEGY.—The President may 

submit to Congress a revised National Drug Control Strategy 

that meets the requirements of this section— ø(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 

ø(B) if a new President or Director takes office. 

ø(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. 

ø(c) PERFORMANCE MEASUREMENT SYSTEM.—

ø(1) SENSE OF CONGRESS.—It is the sense of Congress that—

ø(A) the targets described in subsection (a) are important to the reduction of overall drug use in the United 

States; 

ø(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); 

ø(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; 

ø(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 

ø(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. 

ø(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— ø(A) develops performance objectives, measures, and targets for each National Drug Control Strategy goal and objective; 

ø(B) revises performance objectives, measures, and targets, to conform with National Drug Control Program 

Agency budgets; 

ø(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; 

ø(D) evaluates in detail the implementation by each National Drug Control Program agency of program activities 

supporting the National Drug Control Strategy; 


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ø(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 

ø(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—

ø(i) the quality of current drug use measurement instruments and techniques to measure supply reduction 

and demand reduction activities; 

ø(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 

ø(iii) the actions the Director shall take to correct 

any deficiencies and limitations identified pursuant to 

subparagraphs (A) and (B) of subsection (b)(4). 

ø(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). 

øSEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM. 

ø(a) ESTABLISHMENT.—There is established in the Office a program to be known as the High Intensity Drug Trafficking Areas 

Program. 

ø(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—

ø(1) obligate such sums as appropriated for the High Intensity Drug Trafficking Areas Program; 

ø(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; 

ø(3) take any other action authorized under section 704 to 

provide increased Federal assistance to those areas; 

ø(4) coordinate activities under this subsection (specifically 

administrative, recordkeeping, and funds management activities) with State and local officials. 

ø(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—

ø(1) the area is a center of illegal drug production, manufacturing, importation, or distribution; 

ø(2) State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in 


ccoleman on PROD1PC71 with HEARING
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the area, thereby indicating a determination to respond aggressively to the problem; 

ø(3) drug-related activities in the area are having a harmful 

impact in other areas of the country; and 

ø(4) a significant increase in allocation of Federal resources 

is necessary to respond adequately to drug-related activities in 

the area. 

ø(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 faithbased 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. 


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(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 


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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; 


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(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; 


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(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. 


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(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; 


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(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 programs, and shall ensure 

that not more than five percent of the Federal funds appropriated 

for the Program are expended for the establishment of drug prevention programs. 

(g) COUNTERTERRORISM ACTIVITIES.— (1) ASSISTANCE AUTHORIZED.—The Director may authorize 

use of resources available for the Program to assist Federal, 

State, 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: 


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(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 


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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 


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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) COORDINATION OF INTELLIGENCE SHARING WITH ORGANIZED

CRIME DRUG ENFORCEMENT TASK FORCE PROGRAM.—The Director, 

in consultation with the Attorney General, shall ensure that any 

drug enforcement intelligence obtained by the Intelligence Support 

Center for each high intensity drug trafficking area is shared, on a 

timely basis, with the drug intelligence fusion center operated by the 

Organized Crime Drug Enforcement Task Force of the Department 

of Justice. 

(o) USE OF FUNDS TO COMBAT METHAMPHETAMINE TRAFFICKING.—

(1) IN GENERAL.—

(A) REQUIREMENT.—The Director shall ensure that, of the 

amounts appropriated for a fiscal year for the Program, at 

least $15,000,000 is allocated to combat the trafficking of 

methamphetamine in areas designated by the Director as 

high intensity drug trafficking areas. 

(B) ACTIVITIES.—In meeting the requirement in subparagraph (A), the Director shall transfer funds to appropriate 

Federal, State, and local governmental agencies for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative assistants, and drug prevention specialists. 

(2) APPORTIONMENT OF FUNDS.—

(A) FACTORS IN APPORTIONMENT.—The Director shall apportion amounts allocated under paragraph (1) among 

areas designated by the Director as high intensity drug 

trafficking areas based on the following factors: 

(i) The number of methamphetamine manufacturing 

facilities discovered by Federal, State, or local law enforcement officials in the area during the previous fiscal year. 

(ii) The number of methamphetamine prosecutions in 

Federal, State, or local courts in the area during the 

previous fiscal year. 

(iii) The number of methamphetamine arrests by 

Federal, State, or local law enforcement officials in the 

area during the previous fiscal year. 

(iv) The amounts of methamphetamine or listed 

chemicals (as that term is defined in section 102(33) of 

the Controlled Substances Act (21 U.S.C. 802(33)) 

seized by Federal, State, or local law enforcement officials in the area during the previous fiscal year. 

(v) Intelligence and predictive data from the Drug 

Enforcement Administration showing patterns and 

trends in abuse, trafficking, and transportation in 

methamphetamine and listed chemicals (as that term 

is so defined). 

(B) CERTIFICATION.—Before the Director apportions any 

funds under this paragraph to a high intensity drug trafVerDate Aug 31 2005 03:59 Mar 04, 2006 Jkt 026299 PO 00000 Frm 00063 Fmt 6659 Sfmt 6603 E:\HR\OC\HR315P3.XXX HR315P3

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ficking area, the Director shall certify that the law enforcement entities responsible for clandestine methamphetamine 

laboratory seizures in that area are providing laboratory 

seizure data to the national clandestine laboratory database at the El Paso Intelligence Center. 

(p) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Office of National Drug Control Policy to 

carry out this section—

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

(2) $290,000,000 for each of fiscal years 2008 and 2009; and 

(3) $300,000,000 for each of fiscal years 2010 and 2011. 

(q) SPECIFIC PURPOSES.—

(1) IN GENERAL.—The Director shall ensure that, of the 

amounts appropriated for a fiscal year for the Program, at least 

$7,000,000 is used in high intensity drug trafficking areas with 

severe neighborhood safety and illegal drug distribution problems. 

(2) REQUIRED USES.—The funds used under paragraph (1) 

shall be used—

(A) to ensure the safety of neighborhoods and the protection of communities, including the prevention of the intimidation of potential witnesses of illegal drug distribution 

and related activities; and 

(B) to combat illegal drug trafficking through such methods as the Director considers appropriate, such as establishing or operating (or both) a toll-free telephone hotline 

for use by the public to provide information about illegal 

drug-related activities. 

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER. 

(a) * * * 

(b) øDIRECTOR OF TECHNOLOGY.—¿ CHIEF SCIENTIST.—There 

shall be at the head of the Center the øDirector 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. 

ø(c) ADDITIONAL RESPONSIBILITIES OF THE DIRECTOR OF NATIONAL DRUG CONTROL POLICY.—

ø(1) IN GENERAL.—The Director, acting through the Director 

of Technology shall—

ø(A) identify and define the short-, medium-, and longterm scientific and technological needs of Federal, State, 

and local drug supply reduction agencies, including—

ø(i) advanced surveillance, tracking, and radar imaging; 

ø(ii) electronic support measures; 

ø(iii) communications; 

ø(iv) data fusion, advanced computer systems, and 

artificial intelligence; and 

ø(v) chemical, biological, radiological (including neutron, electron, and graviton), and other means of detection; 

ø(B) identify demand reduction basic and applied research needs and initiatives, in consultation with affected 

National Drug Control Program agencies, including—


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ø(i) improving treatment through neuroscientific advances; 

ø(ii) improving the transfer of biomedical research to 

the clinical setting; and 

ø(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; 

ø(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; 

ø(D) oversee and coordinate counter-drug technology initiatives with related activities of other Federal civilian and 

military departments; 

ø(E) provide support to the development and implementation of the national drug control performance measurement system; and 

ø(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. 

ø(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 longterm 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 


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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. 


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(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. 

øSEC. 709. PRESIDENT’S COUNCIL ON COUNTER-NARCOTICS. 

ø(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’’). 

ø(b) MEMBERSHIP.— ø(1) IN GENERAL.—Subject to paragraph (2), the Council 

shall be composed of 18 members, of whom— ø(A) 1 shall be the President, who shall serve as Chairman of the Council; 

ø(B) 1 shall be the Vice President; 

ø(C) 1 shall be the Secretary of State; 

ø(D) 1 shall be the Secretary of the Treasury; 

ø(E) 1 shall be the Secretary of Defense; 

ø(F) 1 shall be the Attorney General; 

ø(G) 1 shall be the Secretary of Transportation; 

ø(H) 1 shall be the Secretary of Health and Human 

Services; 

ø(I) 1 shall be the Secretary of Education; 

ø(J) 1 shall be the Representative of the United States 

of America to the United Nations; 

ø(K) 1 shall be the Director of the Office of Management 

and Budget; 

ø(L) 1 shall be the Chief of Staff to the President; 

ø(M) 1 shall be the Director of the Office, who shall 

serve as the Executive Director of the Council; 

ø(N) 1 shall be the Director of Central Intelligence; 

ø(O) 1 shall be the Assistant to the President for National Security Affairs; 

ø(P) 1 shall be the Counsel to the President; 

ø(Q) 1 shall be the Chairman of the Joint Chiefs of Staff; 

and 

ø(R) 1 shall be the National Security Adviser to the Vice 

President. 

ø(2) ADDITIONAL MEMBERS.—The President may, in the discretion of the President, appoint additional members to the 

Council. 

ø(c) FUNCTIONS.—The Council shall advise and assist the President in—


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ø(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 

ø(2) ensuring coordination among departments and agencies 

of the Federal Government concerning implementation of the 

National Drug Control Strategy. 

ø(d) ADMINISTRATION.— ø(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. 

ø(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. 

ø(3) COOPERATION FROM OTHER AGENCIES.—Each department 

and agency of the executive branch shall— ø(A) cooperate with the Council in carrying out the functions of the Council under this section; and 

ø(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. 


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(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 


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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 


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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 


ccoleman on PROD1PC71 with HEARING
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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. 


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(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 2007 and 2008 and $210,000,000 for each 

of fiscal years 2009 through 2011. 

* * * * * * * 

SEC. 711. DRUG INTERDICTION. 

ø(a) DEFINITION.—In this section, the term ‘‘Federal drug control 

agency’’ means—

ø(1) the Office of National Drug Control Policy; 

ø(2) the Department of Defense; 

ø(3) the Drug Enforcement Administration; 

ø(4) the Federal Bureau of Investigation; 

ø(5) the Immigration and Naturalization Service; 

ø(6) the United States Coast Guard; 

ø(7) the United States Customs Service; and 

ø(8) any other department or agency of the Federal Government that the Director determines to be relevant. 

ø(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— ø(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— ø(A) the amount of marijuana, heroin, methamphetamine, and cocaine— ø(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 

ø(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 

ø(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; 


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ø(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 

ø(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). 


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(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; 


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(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. 

* * * * * * * 

øSEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND. 

øSection 6073 of the Asset Forfeiture Amendments Act of 1988 

(21 U.S.C. 1509) is amended—

ø(1) in subsection (b)—

ø(A) by striking ‘‘section 524(c)(9)’’ and inserting ‘‘section 

524(c)(8)’’; and 

ø(B) by striking ‘‘section 9307(g)’’ and inserting ‘‘section 

9703(g)’’; and 


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ø(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. 713 AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO SHUT DOWN ILLICIT DRUG MARKET HOTSPOTS BY DETERRING DRUG DEALERS OR ALTERING THE 

DYNAMIC OF DRUG SALES. 

(a) AWARDS REQUIRED.—The Director shall make competitive 

awards for demonstration programs by eligible partnerships for the 

purpose of shutting down local illicit drug market hot-spots and reducing drug-related crime through evidence-based, strategic problem-solving interventions that deter drug dealers or alter the dynamic of drug sales. 

(b) USE OF AWARD AMOUNTS.—Award amounts received under 

this section shall be used—

(1) to support the efforts of the agencies, organizations, and 

researchers included in the eligible partnership; 

(2) to develop and field a directed and credible deterrent 

threat; and 

(3) to strengthen rehabilitation efforts through such means as 

job training, drug treatment, or other services. 

(c) ELIGIBLE PARTNERSHIP DEFINED.—In this section, the term ‘‘eligible partnership’’ means a working group whose application to the 

Director—

(1) identifies the roles played, and certifies the involvement of, 

three or more agencies or organizations, which may include—

(A) State or local agencies (such as those carrying out police, probation, prosecution, courts, corrections, parole, or 

treatment functions); 

(B) Federal agencies (such as the Drug Enforcement 

Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney offices); and 

(C) community-based organizations; 

(2) includes a qualified researcher; 

(3) includes a plan for identifying the impact players in, and 

assessing the nature and dynamic of, the local drug market and 

its related crime through information gathering and analysis; 

(4) includes a plan for developing an evidence-based strategic 

intervention aimed at quickly and sustainably eradicating the 

local drug market by deterring drug dealers or altering the dynamic of drug sales; and 


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(5) includes a plan that describes the methodology and outcome measures proposed for evaluating the impact of that strategic intervention on drug sales, neighborhood disorder, and 

crime. 

(d) REPORTS TO CONGRESS.—

(1) INTERIM REPORT.—Not later than June 1, 2009, the Director shall submit to Congress a report that identifies the best 

practices in drug market eradication, including the best practices identified through the activities funded under this section. 

(2) FINAL REPORT.—Not later than June 1, 2010, the Director 

shall submit to Congress a report on the demonstration programs funded under this section, including on the matters specified in paragraph (1). 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2009. 

SEC. 714. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE ABSTINENCE IN CHRONIC HARDDRUG USERS UNDER COMMUNITY SUPERVISION 

THROUGH THE USE OF DRUG TESTING AND SANCTIONS. 

(a) AWARDS REQUIRED.—The Director shall make competitive 

awards to fund demonstration programs by eligible partnerships for 

the purpose of reducing the use of illicit drugs by chronic hard-drug 

users living in the community while under the supervision of the 

criminal justice system. 

(b) USE OF AWARD AMOUNTS.—Award amounts received under 

this section shall be used—

(1) to support the efforts of the agencies, organizations, and 

researchers included in the eligible partnership; 

(2) to develop and field a drug testing and graduated sanctions program for chronic hard-drug users living in the community under criminal justice supervision; and 

(3) to assist individuals described in subsection (a) by 

strengthening rehabilitation efforts through such means as job 

training, drug treatment, or other services. 

(c) ELIGIBLE PARTNERSHIP DEFINED.—In this section, the term ‘‘eligible partnership’’ means a working group whose application to the 

Director—

(1) identifies the roles played, and certifies the involvement of, 

two or more agencies or organizations, which may include—

(A) State or local agencies (such as those carrying out police, probation, prosecution, courts, corrections, parole, or 

treatment functions); 

(B) Federal agencies (such as the Drug Enforcement 

Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and United States Attorney offices); and 

(C) community-based organizations; 

(2) includes a qualified researcher; 

(3) includes a plan for using judicial or other criminal justice 

authority to administer drug tests to individuals described in 

subsection (a) at least twice a week, and to swiftly and certainly 

impose a known set of graduated sanctions for non-compliance 

with community-release provisions relating to drug abstinence 

(whether imposed as a pre-trial, probation, or parole condition 

or otherwise); 


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(4) includes a strategy for responding to a range of substance 

use and abuse problems and a range of criminal histories; 

(5) includes a plan for integrating data infrastructure among 

the agencies and organizations included in the eligible partnership to enable seamless, real-time tracking of individuals described in subsection (a); 

(6) includes a plan to monitor and measure the progress toward reducing the percentage of the population of individuals 

described in subsection (a) who, upon being summoned for a 

drug test, either fail to show up or who test positive for drugs. 

(d) REPORTS TO CONGRESS.—

(1) INTERIM REPORT.—Not later than June 1, 2009, the Director shall submit to Congress a report that identifies the best 

practices in reducing the use of illicit drugs by chronic harddrug users, including the best practices identified through the 

activities funded under this section. 

(2) FINAL REPORT.—Not later than June 1, 2010, the Director 

shall submit to Congress a report on the demonstration programs funded under this section, including on the matters specified in paragraph (1). 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $10,000,000 for each of fiscal years 2007 through 2009. 

SEC. ø713.¿ 715. TECHNICAL AND CONFORMING AMENDMENTS. 

(a) TITLE 5, UNITED STATES CODE.—Chapter 53 of title 5, United 

States Code, is amended—

(1) * * * 

* * * * * * * 

SEC. ø714.¿ 716. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this øtitle,¿ 

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 ø1999 through 

2003¿ 2007 through 2011. 

øSEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL 

POLICY. 

ø(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. 

ø(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 

øSubtitle A—National Youth Anti-Drug Media Campaign 

øSEC. 101. SHORT TITLE. 

øThis subtitle may be cited as the ‘‘Drug-Free Media Campaign 

Act of 1998’’. 


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øSEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN. 

ø(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. 

ø(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. 

øSEC. 103. USE OF FUNDS. 

ø(a) AUTHORIZED USES.—

ø(1) IN GENERAL.—Amounts made available to carry out this 

subtitle for the support of the national media campaign may 

only be used for—

ø(A) the purchase of media time and space; 

ø(B) talent reuse payments; 

ø(C) out-of-pocket advertising production costs; 

ø(D) testing and evaluation of advertising; 

ø(E) evaluation of the effectiveness of the media 

campaign; 

ø(F) the negotiated fees for the winning bidder on 

request for proposals issued by the Office of National Drug 

Control Policy; 

ø(G) partnerships with community, civic, and professional groups, and government organizations related to the 

media campaign; and 

ø(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. 

ø(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. 

ø(b) PROHIBITIONS.—None of the amounts made available under 

section 105 may be obligated or expended—

ø(1) to supplant current antidrug community based coalitions; 

ø(2) to supplant current pro bono public service time donated 

by national and local broadcasting networks; 

ø(3) for partisan political purposes; or 

ø(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. 


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ø(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. 

øSEC. 104. REPORTS TO CONGRESS. 

øThe Director shall—

ø(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 

ø(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. 

øSEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

øThere 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.—øExcept 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. 

ø(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.¿ 

ø(e)¿ (d) RESPONSIBILITIES.—The Secretary shall direct the Director of the Office of Counternarcotics Enforcement—

(1) * * * 

* * * * * * * 

ø(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. 

ø(g)¿ (f) REPORTS TO CONGRESS.—

(1) * * * 

* * * * * * * 


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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 øunder 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 øunder 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 

øSEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND. 

ø(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. 

ø(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). 

ø(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. 

ø(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. 

ø(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. 


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ø(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. 

ø(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. 

ø(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.¿ 

Æ 


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