109TH CONGRESS 
2D SESSION 
H. R. 2829
AN ACT 
To reauthorize the Office of National Drug Control 
Policy Act.
109TH CONGRESS 
2D SESSION 
H. R. 2829
AN ACT 
To reauthorize the Office of National Drug Control Policy 
Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 Con-
trol Policy and designation of officers. 
Sec. 6. Amendments relating to appointment and duties of Director and Deputy 
Director. 
Sec. 7. Amendments relating to coordination with other agencies. 
Sec. 8. Development, submission, implementation, and assessment of National 
Drug Control Strategy. 
Sec. 9. High Intensity Drug Trafficking Areas Program. 
Sec. 10. Funding for certain High Intensity Drug Trafficking Areas. 
Sec. 11. Amendments relating to Counter-Drug Technology Assessment Center. 
Sec. 12. National youth antidrug media campaign. 
Sec. 13. Drug interdiction. 
Sec. 14. Awards for demonstration programs by local partnerships to shut 
down illicit drug market hot-spots by deterring drug dealers or 
altering the dynamic of drug sales. 
Sec. 15. Awards for demonstration programs by local partnerships to coerce ab-
stinence in chronic hard-drug users under community super-
vision 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 ad-
vertising or other communication materials. 
Sec. 19. Policy relating to syringe exchange programs. 
Sec. 20. International summit on methamphetamine threat. 
Sec. 21. Study on drug court hearings in nontraditional places. 
Sec. 22. Report on government-sponsored methamphetamine conference. 
Sec. 23. Study on prescription drugs associated with iatrogenic addiction. 
Sec. 24. Report on tribal government participation in HIDTA process. 
Sec. 25. National methamphetamine information clearinghouse. 
Sec. 26. Report on school drug testing. 
Sec. 27. Report on methamphetamine epidemic. 
Sec. 28. Report on ONDCP performance bonuses.
SEC. 2. AMENDMENT OF OFFICE OF NATIONAL DRUG CON-
TROL 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 provi-
sion, 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 sub-
paragraph (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 de-
pendence; and
‘‘(I) international drug control coordina-
tion and cooperation with respect to activities 
described in this paragraph.’’; 
(2) in paragraph (6), by adding before the pe-
riod 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 Intel-
ligence Program,’’ and inserting ‘‘National In-
telligence Program,’’; and 
(C) by inserting a comma before ‘‘or Tac-
tical’’; 
(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 sub-
paragraph (B); 
(B) by striking ‘‘and’’ at the end of sub-
paragraph (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, in-
cluding domestic drug interdiction and law en-
forcement directed at drug users; and 
‘‘(E) coordination and enhancement of 
Federal, State, and local law enforcement initia-
tives to gather, analyze, and disseminate infor-
mation 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, includ-
ing economic development programs pri-
marily intended to reduce the production 
or trafficking of illicit drugs’’; 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) facilitating and enhancing the shar-
ing of foreign and domestic information and law
enforcement intelligence relating to drug pro-
duction 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 sub-
paragraph (C) and inserting a period; and 
(D) by striking subparagraph (D); and 
(7) by adding at the end the following: 
‘‘(12) APPROPRIATE CONGRESSIONAL COMMIT-
TEES.—Except where otherwise provided, the term 
‘appropriate congressional committees’ means the 
Committee on the Judiciary, the Committee on Ap-
propriations, and the Caucus on International Nar-
cotics Control of the Senate and the Committee on 
Government Reform, the Committee on the Judici-
ary, and the Committee on Appropriations of the 
House of Representatives. 
‘‘(13) LAW ENFORCEMENT.—The term ‘law en-
forcement’ or ‘drug law enforcement’ means all ef-
forts by a Federal, State, or local government agen-
cy to enforce the drug laws of the United States or 
any State, including investigation, arrest, prosecu-
tion, and incarceration or other punishments or pen-
alties.’’.
(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 insert-
ing ‘‘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 POL-
ICY 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 ap-
plying specific goals and performance measure-
ments.’’. 
(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 interdic-
tion operations and other supply reduction activities, 
and who shall serve as the United States Interdic-
tion Coordinator and’’. 
SEC. 6. AMENDMENTS RELATING TO APPOINTMENT AND 
DUTIES OF DIRECTOR AND DEPUTY DIREC-
TOR. 
(a) DESIGNATION
OF OTHER OFFICERS.—Section 
704(a)(3) (21 U.S.C. 1703(a)(3)) is amended—
(1) by striking ‘‘permanent employee’’ and in-
serting ‘‘officer or employee’’; and 
(2) by striking ‘‘serve as the Director’’ and in-
serting ‘‘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 de-
partments and agencies engaged in drug enforce-
ment,’’ and inserting ‘‘National Drug Control Pro-
gram agencies,’’; 
(2) in paragraph (7), by inserting after ‘‘Presi-
dent’’ the following: ‘‘and the appropriate congres-
sional 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 subpara-
graph (C) and inserting the following: 
‘‘(C) supporting the substance abuse infor-
mation clearinghouse administered by the Ad-
ministrator 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 medi-
cations to treat addiction; 
‘‘(17) shall seek the support and commitment of 
State and local officials in the formulation and im-
plementation of the National Drug Control Strategy; 
‘‘(18) shall monitor and evaluate the allocation 
of resources among Federal law enforcement agen-
cies in response to significant local and regional 
drug trafficking and production threats; 
‘‘(19) shall submit an annual report to Con-
gress detailing how the Office of National Drug 
Control Policy has consulted with and assisted State 
and local governments with respect to the formula-
tion and implementation of the National Drug Con-
trol Strategy and other relevant issues; and 
‘‘(20) shall, within one year after the date of 
the enactment of the Office of National Drug Con-
trol Policy Reauthorization Act of 2005, report to 
Congress on the impact of each Federal drug reduc-
tion strategy upon the availability, addiction rate, 
use rate, and other harms of illegal drugs.’’.
(c) SUBMISSION OF DRUG CONTROL BUDGET RE-
QUESTS.—Section 704(c)(1) is amended by adding at the 
end the following: 
‘‘(C) CONTENT OF DRUG CONTROL BUDG-
ET 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 under-
taken 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 pro-
gram shall estimate by a documented calcula-
tion 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
PRO-
POSAL.—
(1) Section 704(c)(2) is amended by inserting 
‘‘and the head of each major national organization 
that represents law enforcement officers, agencies, 
or associations’’ after ‘‘agency’’.
(2) Section 704(c)(2) is amended in subpara-
graph (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 sub-
section’’. 
(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 fol-
lowing 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 ade-
quately compensate for transfers of drug 
enforcement resources and personnel to 
law enforcement and investigation activi-
ties not related to drug enforcement as de-
termined by the Director; 
‘‘(ii) requests funding for law enforce-
ment activities on the borders of the 
United States that do not adequately di-
rect resources to drug interdiction and en-
forcement as determined by the Director; 
‘‘(iii) requests funding for drug treat-
ment activities that do not provide ade-
quate result and accountability measures 
as determined by the Director; 
‘‘(iv) requests funding for any activi-
ties of the Safe and Drug Free Schools 
Program that do not include a clear anti-
drug message or purpose intended to re-
duce drug use; 
‘‘(v) requests funding for drug treat-
ment activities that do not adequately sup-
port and enhance Federal drug treatment 
programs and capacity, as determined by 
the Director; 
‘‘(vi) 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 ap-
plications for all individuals who submitted 
an application for any Federal grant, loan, 
or work assistance that was rejected or de-
nied 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 indi-
vidual was receiving any Federal grant, 
loan, or work assistance; and 
‘‘(vii) requests funding for the oper-
ations and management of the Department 
of Homeland Security that does not in-
clude 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 redesig-
nated, by inserting ‘‘and the appropriate congres-
sional committees’’ after ‘‘House of Representa-
tives’’; and 
(4) in subparagraph (E)(ii)(II)(bb), as so redes-
ignated, by inserting ‘‘and the appropriate congres-
sional committees’’ after ‘‘House of Representa-
tives’’. 
(f) REPROGRAMMING AND TRANSFER REQUESTS.—
Section 704(c)(4)(A) (21 U.S.C. 1703(c)(4)(A)) is amend-
ed 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 insert-
ing ‘‘Strategy and notify the appropriate con-
gressional committees of any fund control no-
tice issued;’’; 
(3) in paragraph (10), by striking ‘‘(22 U.S.C. 
2291j).’’ and inserting ‘‘(22 U.S.C. 2291j) and sec-
tion 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 cop-
ies 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 coun-
tries or major illicit drug producing countries as 
defined in section 481(e) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2291(e)); 
‘‘(B) provides the Director’s assessment of 
whether each country identified under subpara-
graph (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 other-
wise has assisted in reducing the supply of il-
licit 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 war-
ranted with respect to countries the Director 
assesses have not cooperated fully.’’.
(h) FUND CONTROL NOTICES.—Section 704(f) (21 
U.S.C. 1703(f)) is amended by adding at the end the fol-
lowing: 
‘‘(4) CONGRESSIONAL NOTICE.—A copy of each 
fund control notice shall be transmitted to the ap-
propriate 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, modi-
fied, or altered in any manner contrary, in whole or 
in part, to a specific appropriation or statute.’’. 
(i) TECHNICAL AMENDMENTS.—Section 704 (21 
U.S.C. 1703) is amended—
(1) by amending subsection (g) to read as fol-
lows: 
‘‘(g) INAPPLICABILITY
TO CERTAIN PROGRAMS.—
The provisions of this section shall not apply to the Na-
tional Intelligence Program, the Joint Military Intelligence 
Program, and Tactical and Related Activities unless such 
program or an element of such program is designated as 
a National Drug Control Program—
‘‘(1) by the President; or 
‘‘(2) jointly by—
‘‘(A) in the case of the National Intel-
ligence Program, the Director and the Director 
of National Intelligence; or 
‘‘(B) in the case of the Joint Military In-
telligence Program and Tactical and Related 
Activities, the Director, the Director of Na-
tional Intelligence, and the Secretary of De-
fense. ’’; and 
(2) by amending subsection (h) to read as fol-
lows: 
‘‘(h) CONSTRUCTION.—Nothing in this Act shall be 
construed as derogating the authorities and responsibil-
ities of the Director of National Intelligence or the Direc-
tor of the Central Intelligence Agency contained in the Na-
tional Security Act of 1947 (50 U.S.C. 401 et seq.), the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
et seq.), or any other law.’’. 
(j) 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 emerg-
ing 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, in-
cluding direct assistance to regional govern-
ments 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 citi-
zens in the programs described in subpara-
graphs (A) through (D), such as through leaf-
lets advertising rewards for information; 
(F) provisions that ensure the maintenance 
at current levels of efforts to eradicate coca in 
Colombia; and 
(G) assessment of the specific level of 
funding and resources necessary to simulta-
neously address the threat from South Amer-
ican heroin and the threat from Colombian and 
Peruvian coca. 
(3) TREATMENT OF CLASSIFIED OR LAW EN-
FORCEMENT
SENSITIVE
INFORMATION.—Any con-
tent of the strategy that involves information classi-
fied under criteria established by an Executive order, 
or whose public disclosure, as determined by the Di-
rector or the head of any relevant Federal agency, 
would be detrimental to the law enforcement or na-
tional security activities of any Federal, foreign, or 
international agency, shall be presented to Congress 
separately from the rest of the strategy. 
(k) REQUIREMENT FOR AFGHAN HEROIN STRAT-
EGY.—
(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 elimi-
nate the problem at the source to prevent her-
oin from entering the stream of commerce;
(B) destruction or other direct elimination 
of stockpiles of heroin and raw opium, and her-
oin 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 orga-
nizations 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 EN-
FORCEMENT
SENSITIVE
INFORMATION.—Any con-
tent of the strategy that involves information classi-
fied under criteria established by an Executive order, 
or whose public disclosure, as determined by the Di-
rector or the head of any relevant Federal agency, 
would be detrimental to the law enforcement or na-
tional security activities of any Federal, foreign, or
international agency, shall be presented to Congress 
separately from the rest of the strategy. 
(l) REQUIREMENT FOR GENERAL COUNTERDRUG IN-
TELLIGENCE 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 com-
mittees, a general counterdrug intelligence plan to 
improve coordination, and eliminate unnecessary du-
plication, 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 de-
partments and agencies: 
(A) The Department of Defense, including 
the Defense Intelligence Agency, and the joint 
interagency task forces. 
(B) The Department of the Treasury, in-
cluding the Financial Crimes Enforcement Net-
work (FinCEN). 
(C) The Central Intelligence Agency. 
(D) The National Security Agency.
(E) The Department of Homeland Secu-
rity, 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, includ-
ing 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 Traf-
ficking Areas Program. 
(H) The Counterdrug Intelligence Execu-
tive 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 ac-
tivity) for each counterdrug intelligence center, 
system, and 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 partici-
pates 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 activi-
ties will be assured; 
(E) 
specify 
the 
means 
by 
which 
counterdrug intelligence and information will be 
forwarded effectively to all levels of officials re-
sponsible for United States counterdrug policy; 
and 
(F) specify mechanisms to ensure that 
State and local law enforcement agencies are 
apprised of counterdrug intelligence and infor-
mation acquired by Federal law enforcement 
agencies in a manner which—
(i) facilitates effective counterdrug ac-
tivities 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 sub-
section—
(A) the term ‘‘center’’ refers to any center, 
office, task force, or other coordinating organi-
zation engaged in counterdrug intelligence or 
information analyzing or sharing activities; 
(B) the term ‘‘system’’ refers to any com-
puterized 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 Com-
mittee on Homeland Security and Govern-
mental Affairs, the Caucus on Inter-
national 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 Com-
mittee on Government Reform, the Com-
mittee on Homeland Security, and the Per-
manent Select Committee on Intelligence 
of the House of Representatives. 
(4) LIMITATION.—The general counterdrug in-
telligence 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 spe-
cific individuals, cases, investigations, or oper-
ations. 
(5) CLASSIFIED OR LAW ENFORCEMENT SEN-
SITIVE INFORMATION.—Any content of the general 
counterdrug intelligence plan that involves informa-
tion classified under criteria established by an Exec-
utive order, or whose public disclosure, as deter-
mined by the Director of the Office of National 
Drug Control Policy, the Director of National Intel-
ligence, or the head of any Federal Government 
agency whose activities are described in the plan, 
would be detrimental to the law enforcement or na-
tional security activities of any Federal, State, or 
local agency, shall be presented to Congress sepa-
rately from the rest of the report. 
(m) 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 South-
west Border Counternarcotics Strategy. 
(2) PURPOSES.—The Southwest Border Coun-
ternarcotics 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 bor-
der;
(B) state the specific roles and responsibil-
ities of the relevant National Drug Control Pro-
gram agencies (as defined in section 702 of the 
Office of National Drug Control Policy Reau-
thorization 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. 
(3) SPECIFIC
CONTENT
RELATED
TO
DRUG 
TUNNELS BETWEEN THE UNITED STATES AND MEX-
ICO.—The 
Southwest 
Border 
Counternarcotics 
Strategy shall include—
(A) a strategy to end the construction and 
use of tunnels and subterranean passages that 
cross the international border between the 
United States and Mexico for the purpose of il-
legal trafficking of drugs across such border; 
and 
(B) recommendations for criminal pen-
alties for persons who construct or use such a 
tunnel or subterranean passage for such a pur-
pose. 
(4) CONSULTATION WITH OTHER AGENCIES.—
The Director shall issue the Southwest Border
Counternarcotics Strategy in consultation with the 
heads of the relevant National Drug Control Pro-
gram agencies. 
(5) LIMITATION.—The Southwest Border Coun-
ternarcotics Strategy shall not change existing agen-
cy authorities or the laws governing interagency re-
lationships, but may include recommendations about 
changes to such authorities or laws. 
(6) REPORT TO CONGRESS.—The Director shall 
provide a copy of the Southwest Border Counter-
narcotics 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. 
(7) TREATMENT OF CLASSIFIED OR LAW EN-
FORCEMENT
SENSITIVE
INFORMATION.—Any con-
tent 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