109th CONGRESS
2d Session
H. R. 6344
To reauthorize the Office of National Drug Control Policy Act.
IN THE HOUSE OF REPRESENTATIVES
December 5, 2006
Mr. SOUDER introduced the following bill; which was referred to the Committee
on Government Reform, and in addition to the Committees on Energy and Commerce,
Judiciary, Armed Services, and Select Intelligence (Permanent Select), for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To reauthorize the Office of National Drug Control Policy Act.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Office of National Drug Control
Policy Reauthorization Act of 2006'.
(b) 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.).
(c) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title, reference, and table of contents.
TITLE I--ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND ROLES
AND RESPONSIBILITIES
Sec. 101. Amendments to definitions.
Sec. 102. Establishment of the Office of National Drug Control Policy.
Sec. 103. Appointment and responsibilities of the Director.
Sec. 104. Amendments to ensure coordination with other agencies.
Sec. 105. Budgetary matters.
TITLE II--THE NATIONAL DRUG CONTROL STRATEGY
Sec. 201. Annual preparation and submission of National Drug Control Strategy.
Sec. 202. Performance measurements.
Sec. 203. Annual report requirement.
TITLE III--HIGH INTENSITY DRUG TRAFFICKING AREAS
Sec. 301. High Intensity Drug Trafficking Areas Program.
Sec. 302. Funding for certain high intensity drug trafficking areas.
TITLE IV--TECHNOLOGY
Sec. 401. Counterdrug Technology Assessment Center.
TITLE V--NATIONAL YOUTH MEDIA CAMPAIGN
Sec. 501. National Youth Anti-Drug Media Campaign.
TITLE VI--AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
Sec. 601. Authorization of appropriations.
Sec. 602. Extension of termination date.
TITLE VII--ANTI-DOPING AGENCY
Sec. 701. Designation of United States Anti-Doping Agency.
Sec. 702. Records, audit, and report.
Sec. 703. Authorization of appropriations.
TITLE VIII--DRUG-FREE COMMUNITIES
Sec. 801. Reauthorization.
Sec. 802. Suspension of grants.
Sec. 803. Grant award increase.
Sec. 804. Prohibition on additional eligibility criteria.
Sec. 805. National Community Anti-Drug Coalition Institute.
TITLE IX--NATIONAL GUARD COUNTERDRUG SCHOOLS
Sec. 901. National Guard counterdrug schools.
TITLE X--NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE ACT OF 2006
Sec. 1003. Establishment of clearinghouse and advisory council.
Sec. 1004. NMIC requirements and review.
Sec. 1005. Authorization of appropriations.
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1102. Controlled Substances Act amendments.
Sec. 1103. Report on law enforcement intelligence sharing.
Sec. 1104. Requirement for South American heroin strategy.
Sec. 1106. Study on iatrogenic addiction associated with prescription
opioid analgesic drugs.
Sec. 1107. Requirement for strategy to stop Internet advertising of prescription
medicines without a prescription.
Sec. 1108. Requirement for study on diversion and inappropriate uses of
prescription drugs.
Sec. 1109. Requirement for Afghan Heroin Strategy.
Sec. 1110. Requirement for Southwest Border Counternarcotics Strategy.
Sec. 1111. Requirement for Scientific Study of Mycoherbicide in Illicit
Drug Crop Eradication.
Sec. 1112. Requirement for Study of State Precursor Chemical Control Laws.
Sec. 1113. Requirement for Study of Drug Endangered Children Programs.
Sec. 1114. Study on drug court hearings in nontraditional places.
Sec. 1115. Report on tribal Government participation in HIDTA process.
Sec. 1116. Report on school drug testing.
Sec. 1117. Report on ONDCP performance bonuses.
Sec. 1118. Requirement for disclosure of Federal sponsorship of all Federal
advertising or other communication materials.
Sec. 1119. 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.
TITLE I--ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND ROLES
AND RESPONSIBILITIES
SEC. 101. AMENDMENTS TO DEFINITIONS.
(a) Demand Reduction- Section 702(1) is amended--
(1) in subparagraph (F), by striking `and' after the semicolon;
(2) in paragraph (G), by striking the period at the end and inserting
`, including the testing of employees;'; and
(3) by adding at the end the following:
`(H) interventions for drug abuse and dependence;
`(I) international drug control coordination and cooperation with respect
to activities described in this paragraph; and
`(J) international drug abuse education, prevention, treatment, research,
rehabilitation activities, and interventions for drug abuse and dependence.'.
(b) National Drug Control Program- Section 702(6) is amended by adding before
the period the following: `, including any activities involving supply reduction,
demand reduction, or State, local, and tribal affairs'.
(c) Program Change- Section 702(7) is amended by--
(1) striking `National Foreign Intelligence Program,' and inserting `National
Intelligence Program,'; and
(2) inserting after `Related Activities,' the following: `or (for purposes
of section 704(d)) an agency that is described in section 530C(a) of title
28, United States Code,'.
(d) Office- Section 702(9) is amended by striking `implicates' and inserting
`indicates'.
(e) State, Local, and Tribal Affairs- Paragraph (10) of section 702 is amended
to read as follows:
`(10) STATE, LOCAL, AND TRIBAL AFFAIRS- The term `State, local, and tribal
affairs' means domestic activities conducted by a National Drug Control
Program agency that are intended to reduce the availability and use of
illegal drugs, including--
`(A) coordination and enhancement of Federal, State, local, and tribal
law enforcement drug control efforts;
`(B) coordination and enhancement of efforts among National Drug Control
Program agencies and State, local, and tribal demand reduction and supply
reduction agencies;
`(C) coordination and enhancement of Federal, State, local, and tribal
law enforcement initiatives to gather, analyze, and disseminate information
and law enforcement intelligence relating to drug control among domestic
law enforcement agencies; and
`(D) other coordinated and joint initiatives among Federal, State, local,
and tribal agencies to promote comprehensive drug control strategies
designed to reduce the demand for, and the availability of, illegal
drugs.'.
(f) Supply Reduction- Section 702(11) is amended to read as follows:
`(11) SUPPLY REDUCTION- The term `supply reduction' means any activity
or program conducted by a National Drug Control Program agency that is
intended to reduce the availability or use of illegal drugs in the United
States or abroad, including--
`(A) law enforcement outside the United States;
`(B) source country programs, including economic development programs
primarily intended to reduce the production or trafficking of illicit
drugs;
`(C) activities to control international trafficking in, and availability
of, illegal drugs, including--
`(i) accurate assessment and monitoring of international drug production
and interdiction programs and policies; and
`(ii) coordination and promotion of compliance with international
treaties relating to the production, transportation, or interdiction
of illegal drugs;
`(D) activities to conduct and promote international law enforcement
programs and policies to reduce the supply of drugs; and
`(E) activities to facilitate and enhance the sharing of domestic and
foreign intelligence information among National Drug Control Program
agencies, relating to the production and trafficking of drugs in the
United States and in foreign countries.'.
(g) Definitions of Appropriate Congressional Committees and Law Enforcement-
Section 702 is amended 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, local, or tribal 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. 102. ESTABLISHMENT OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Responsibilities- Section 703(a) is amended to read as follows:
`(a) Establishment of Office- There is established in the Executive Office
of the President an Office of National Drug Control Policy, which shall--
`(1) develop national drug control policy;
`(2) coordinate and oversee the implementation of the national drug control
policy;
`(3) assess and certify the adequacy of National Drug Control Programs
and the budget for those programs; and
`(4) evaluate the effectiveness of the national drug control policy and
the National Drug Control Program agencies' programs, by developing and
applying specific goals and performance measurements.'.
(b) Positions- Section 703(b) is amended to read as follows:
`(b) Director of National Drug Control Policy and Deputy Directors-
`(1) DIRECTOR- There shall be a Director of National Drug Control Policy
who shall head the Office (referred to in this Act as the `Director')
and shall hold the same rank and status as the head of an executive department
listed in section 101 of title 5, United States Code.
`(2) DEPUTY DIRECTOR- There shall be a Deputy Director of National Drug
Control Policy who shall report directly to the Director (referred to
in this Act as the `Deputy Director').
`(3) OTHER DEPUTY DIRECTORS-
`(A) IN GENERAL- There shall be a Deputy Director for Demand Reduction,
a Deputy Director for Supply Reduction, and a Deputy Director for State,
Local, and Tribal Affairs.
`(B) REPORTING- The Deputy Director for Demand Reduction, the Deputy
Director for Supply Reduction, and the Deputy Director for State, Local,
and Tribal Affairs shall report directly to the Deputy Director of the
Office of National Drug Control Policy.
`(C) DEPUTY DIRECTOR FOR DEMAND REDUCTION- The Deputy Director for Demand
Reduction shall be responsible for the activities in subparagraphs (A)
through (H) of section 702(l).
`(D) DEPUTY DIRECTOR FOR SUPPLY REDUCTION- The Deputy Director for Supply
Reduction shall--
`(i) have substantial experience and expertise in drug interdiction
and other supply reduction activities; and
`(ii) be responsible for the activities in subparagraphs (A) through
(C) in section 702(11).
`(E) DEPUTY DIRECTOR FOR STATE, LOCAL, AND TRIBAL AFFAIRS- The Deputy
Director for State, Local, and Tribal Affairs shall be responsible for
the activities--
`(i) in subparagraphs (A) through (D) of section 702(10);
`(ii) in section 707, the High Intensity Drug Trafficking Areas Program;
and
`(iii) in section 708, the Counterdrug Technology Assessment Center.'.
SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.
(a) Succession- Section 704(a) is amended by amending paragraph (3) to read
as follows:
`(3) ACTING DIRECTOR- If the Director dies, resigns, or is otherwise unable
to perform the functions and duties of the office, the Deputy Director
shall perform the functions and duties of the Director temporarily in
an acting capacity pursuant to subchapter III of chapter 33 of title 5,
United States Code.'.
(b) Responsibilities- Section 704(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) by striking paragraph (14) and inserting the following:
`(14) shall submit to the 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);';
(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, local, and tribal
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,
local, and tribal governments with respect to the formulation and implementation
of the National Drug Control Strategy and other relevant issues; and
`(20) shall, within 1 year after the date of the enactment of the Office
of National Drug Control Policy Reauthorization Act of 2006, 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) Review and Certification of National Drug Control Program Budget- Section
704(c)(3) is amended--
(1) in subparagraph (C)(iii), by inserting `and the appropriate congressional
committees,' after `House of Representatives'; and
(2) in subparagraph (D)(ii)(II)(bb), by inserting `and the appropriate
congressional committees,' after `House of Representatives'.
(d) Powers of Director- Section 704(d) is amended--
(1) in paragraph (9), by striking `Strategy; and' and inserting `Strategy
and notify the appropriate congressional committees of any fund control
notice issued in accordance with section 704(f)(5);'; and
(2) in paragraph (10), by inserting before the period the following: `and
section 706 of the Department of State Authorization Act for Fiscal Year
2003 (22 U.S.C. 229j-1)'.
(e) Fund Control Notices- Section 704(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--
`(A) contrary, in whole or in part, to a specific appropriation; or
`(B) contrary, in whole or in part, to the expressed intent of Congress.'.
(1) IN GENERAL- Section 711 is amended by adding at the end the following:
`SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE.
`(a) United States Interdiction Coordinator-
`(1) IN GENERAL- The United States Interdiction Coordinator shall perform
the duties of that position described in paragraph (2) and such other
duties as may be determined by the Director with respect to coordination
of efforts to interdict illicit drugs from entering the United States.
`(2) RESPONSIBILITIES- The United States Interdiction Coordinator shall
be responsible to the Director for--
`(A) coordinating the interdiction activities of the National Drug Control
Program agencies to ensure consistency with the National Drug Control
Strategy;
`(B) on behalf of the Director, developing and issuing, on or before
March 1 of each year and in accordance with paragraph (3), a National
Interdiction Command and Control Plan to ensure the coordination and
consistency described in subparagraph (A);
`(C) assessing the sufficiency of assets committed to illicit drug interdiction
by the relevant National Drug Control Program agencies; and
`(D) advising the Director on the efforts of each National Drug Control
Program agency to implement the National Interdiction Command and Control
Plan.
`(3) STAFF- The Director shall assign such permanent staff of the Office
as he considers appropriate to assist the United States Interdiction Coordinator
to carry out the responsibilities described in paragraph (2), and may
also, at his discretion, request that appropriate National Drug Control
Program agencies detail or assign staff to the Office of Supply Reduction
for that purpose.
`(4) NATIONAL INTERDICTION COMMAND AND CONTROL PLAN-
`(A) PURPOSES- The National Interdiction Command and Control Plan shall--
`(i) set forth the Government's strategy for drug interdiction;
`(ii) state the specific roles and responsibilities of the relevant
National Drug Control Program agencies for implementing that strategy;
and
`(iii) identify the specific resources required to enable the relevant
National Drug Control Program agencies to implement that strategy.
`(B) CONSULTATION WITH OTHER AGENCIES- The United States Interdiction
Coordinator shall issue the National Interdiction Command and Control
Plan in consultation with the other members of the Interdiction Committee
described in subsection (b).
`(C) LIMITATION- The National Interdiction Command and Control Plan
shall not change existing agency authorities or the laws governing interagency
relationships, but may include recommendations about changes to such
authorities or laws.
`(D) REPORT TO CONGRESS- On or before March 1 of each year, the United
States Interdiction Coordinator shall provide a report on behalf of
the Director to the appropriate congressional committees, to the Committee
on Armed Services and the Committee on Homeland Security of the House
of Representatives, and to the Committee on Homeland Security and Governmental
Affairs and the Committee on Armed Services of the Senate, which shall
include--
`(i) a copy of that year's National Interdiction Command and Control
Plan;
`(ii) information for the previous 10 years regarding the number and
type of seizures of drugs by each National Drug Control Program agency
conducting drug interdiction activities, as well as statistical information
on the geographic areas of such seizures; and
`(iii) information for the previous 10 years regarding the number
of air and maritime patrol hours undertaken by each National Drug
Control Program agency conducting drug interdiction activities, as
well as statistical information on the geographic areas in which such
patrol hours took place.
`(E) TREATMENT OF CLASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMATION-
Any content of the report described in subparagraph (D) that involves
information classified under criteria established by an Executive order,
or the public disclosure of which, as determined by the Director, the
Director of National Intelligence, or the head of any Federal Government
agency the activities of which 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.
`(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) CHAIRMAN- The Director shall designate one of the members of the
Interdiction Committee to serve as chairman.
`(3) 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.
`(4) 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, local, or tribal agency, shall be presented to Congress separately
from the rest of the report. by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.'.
(2) CONFORMING AMENDMENT TO HOMELAND SECURITY ACT OF 2002- Section 878
of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended--
(A) in subsection (c), by striking `Except as provided in subsection
(d), the' and inserting `The'; and
(B) by striking subsection (d) and redesignating subsections (e), (f),
and (g) as subsections (d), (e), and (f), respectively.
(3) TECHNICAL AMENDMENTS- Section 704 (21 U.S.C. 1703) is amended--
(A) by amending subsection (g) to read as follows:
`(g) Inapplicability to Certain Programs- The provisions of this section
shall not apply to the National 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
`(A) in the case of the National Intelligence Program, the Director
and the Director of National Intelligence; or
`(B) in the case of the Joint Military Intelligence Program and Tactical
and Related Activities, the Director, the Director of National Intelligence,
and the Secretary of Defense.'; and
(B) by amending subsection (h) to read as follows:
`(h) Construction- Nothing in this Act shall be construed as derogating
the authorities and responsibilities of the Director of National Intelligence
or the Director of the Central Intelligence Agency contained in the National
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.'.
SEC. 104. AMENDMENTS TO ENSURE COORDINATION WITH OTHER AGENCIES.
(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 subsection (a)(3) to read as follows:
`(A) SECRETARIES OF THE INTERIOR AND AGRICULTURE- Not later than July
1 of each year, the Secretaries of Agriculture and the Interior shall
jointly submit to the Director and the appropriate congressional committees
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) SECRETARY OF HOMELAND SECURITY- Not later than July 1 of each year,
the Secretary of Homeland Security shall submit to the Director and
the appropriate congressional committees 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 primarily dedicated
to drug supply reduction missions undertaken by each component of
the Department of Homeland Security.
`(C) SECRETARY OF DEFENSE- The Secretary of Defense shall, by July 1
of each year, submit to the Director and the appropriate congressional
committees 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.
`(D) 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.';
(5) in subsection (b)(2)(B), by striking `Program' and inserting `Strategy';
and
(6) in subsection (c), by striking `in' and inserting `on'.
SEC. 105. BUDGETARY MATTERS.
(a) 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, local, and tribal 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.'.
(b) National Drug Control Budget Proposal-
(1) NATIONAL ORGANIZATIONS- 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) TOTAL BUDGET- Section 704(c)(2)(A) is amended 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, local, and tribal 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 paragraph (1)(C)'.
(c) Review and Certification of National Drug Control Program Budget- Section
704(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;
`(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;
`(iii) requests funding for drug treatment activities that do not
provide adequate results and accountability measures;
`(iv) requests funding for any activities of the Safe and Drug-Free
Schools Program that do not include a clear anti-drug message or purpose
intended to reduce drug use;
`(v) requests funding for drug treatment activities that do not adequately
support and enhance Federal drug treatment programs and capacity;
`(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
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
`(vii) 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'.
(d) Reprogramming and Transfer Requests- Section 704(c)(4)(A) (21 U.S.C.
1703(c)(4)(A)) is amended--
(1) by striking `$5,000,000' and inserting `$1,000,000'; and
(2) adding at the end the following: `If the Director has not responded
to a request for reprogramming subject to this subparagraph within 30
days after receiving notice of the request having been made, the request
shall be deemed approved by the Director under this subparagraph and forwarded
to Congress.'.
(e) Powers of Director- Section 704(d) is amended--
(1) in paragraph (8)(D), by striking `have been authorized by Congress;'
and inserting `authorized by law;';
(2) in paragraph (9), by striking `Strategy; and' and inserting `Strategy
and notify the appropriate congressional committees of any fund control
notice issued; and'; and
(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).'.
(f) 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.'.
TITLE II--THE NATIONAL DRUG CONTROL STRATEGY
SEC. 201. ANNUAL PREPARATION AND SUBMISSION OF NATIONAL DRUG CONTROL STRATEGY.
Section 706 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) TIMING- 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 the year to reduce illicit drug use and the consequences
of such illicit drug use in the United States by limiting the availability
of, and reducing the demand for, illegal drugs.
`(A) IN GENERAL- The National Drug Control Strategy submitted under
paragraph (1) shall include the following:
`(i) Comprehensive, research-based, long-range, quantifiable goals
for reducing illicit drug use and the consequences of illicit drug
use in the United States.
`(ii) Annual quantifiable and measurable objectives and specific targets
to accomplish long-term quantifiable goals that the Director determines
may be achieved during each year beginning on the date on which the
National Drug Control Strategy is submitted.
`(iii) A 5-year projection for program and budget priorities.
`(iv) A review of international, State, local, and private sector
drug control activities to ensure that the United States pursues coordinated
and effective drug control at all levels of government.
`(v) 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.
`(vi) 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.
`(vii) An assessment of the reduction of the consequences of illicit
drug use and availability, which shall include--
`(I) the burden illicit drug users placed 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.
`(viii) A determination of the status 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.
`(ix) A review of the research agenda of the Counterdrug Technology
Assessment Center to reduce the availability and abuse of drugs.
`(x) A summary of the efforts made 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 Food and Drug Administration approval for drugs to
treat addiction;
`(V) marketing the drug for the treatment of addiction;
`(VI) urging physicians to use the drug in the treatment of addiction;
and
`(VII) encouraging insurance companies to reimburse the cost of
the drug for the treatment of addiction.
`(xi) 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.
`(xii) 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, local, and tribal
government agencies.
`(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
(including the effects on children of substance abusers), 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- In developing and effectively
implementing the National Drug Control Strategy, the Director--
`(A) shall consult with--
`(i) the heads of the National Drug Control Program agencies;
`(iii) State, local, and tribal officials;
`(iv) private citizens and organizations, including community and
faith-based organizations with experience and expertise in demand
reduction;
`(v) private citizens and organizations with experience and expertise
in supply reduction; and
`(vi) appropriate representatives of foreign governments;
`(B) in satisfying the requirements of subparagraph (A), shall ensure,
to the maximum extent possible, that State, local, and tribal officials
and relevant private organizations commit to support and take steps
to achieve the goals and objectives of the National Drug Control Strategy;
`(C) with the concurrence of the Attorney General, may require the El
Paso Intelligence Center to undertake specific tasks or projects to
support or implement the National Drug Control Strategy; and
`(D) 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 support or implement
the National Drug Control Strategy.
`(b) Submission of Revised Strategy- The President may submit to Congress
a revised National Drug Control Strategy that meets the requirements of
this section--
`(1) at any time, upon a determination of the President, in consultation
with the Director, that the National Drug Control Strategy in effect is
not sufficiently effective; or
`(2) if a new President or Director takes office.'.
SEC. 202. PERFORMANCE MEASUREMENTS.
Section 706 is amended by adding at the end the following:
`(c) 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, 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 as defined in section 702 implemented by each National Drug
Control Program agency in support of the National Drug Control Strategy;
`(5) monitors consistency between the drug-related goals and objectives
of the National Drug Control Program agencies and ensures that each agency's
goals 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;
`(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
`(D) the actions the Director shall take to correct any deficiencies
and limitations identified pursuant to subparagraphs (A) and (B) of
this subsection.
`(d) Modifications- A description of any modifications made during the preceding
year to the national drug performance measurement system described in subsection
(c) shall be included in each report submitted under subsection (b).'.
SEC. 203. ANNUAL REPORT REQUIREMENT.
(a) In General- On or before February 1 of each year, the Director shall
submit a report to Congress that describes--
(1) the strategy of the national media campaign and whether specific objectives
of the 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 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;
(5) all contracts entered into with a corporation, partnership, or individual
working on behalf of the national media campaign;
(6) specific policies and steps implemented to ensure compliance with
title IV of this Act;
(7) steps taken to ensure that the national media campaign will secure,
to the maximum extent possible, no cost matches of advertising time and
space or in-kind contributions that are directly related to the campaign
in accordance with title IV of this Act; and
(8) a review and evaluation of the effectiveness of the national media
campaign strategy for the past year.
(b) Audit- The Government Accountability Office shall, at a frequency of
not less than once per year--
(1) conduct and supervise an audit and investigation relating to the programs
and operations of the--
(B) certain programs within the Office, including--
(i) the High Intensity Drug Trafficking Areas Program;
(ii) the Counterdrug Technology Assessment Center; or
(iii) the National Youth Anti-drug Media Campaign; and
(2) provide the Director and the appropriate congressional committees
with a report containing an evaluation of and recommendations on the--
(A) policies and activities of the programs and operations subject to
the audit and investigation;
(B) economy, efficiency, and effectiveness in the administration of
the reviewed programs and operations; and
(C) policy or management changes needed to prevent and detect fraud
and abuse in such programs and operations.
TITLE III--HIGH INTENSITY DRUG TRAFFICKING AREAS
SEC. 301. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
Section 707 is amended to read as follows:
`SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
`(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, local, and tribal
law enforcement agencies to share information and implement coordinated
enforcement activities;
`(B) enhancing law enforcement intelligence sharing among Federal, State,
local, and tribal law enforcement agencies;
`(C) providing reliable law enforcement 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.
`(1) IN GENERAL- The Director, in 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.
`(2) ACTIVITIES- After making a designation under paragraph (1) and in
order to provide Federal assistance to the area so designated, the Director
may--
`(A) obligate such sums as are appropriated for the Program;
`(B) 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;
`(C) take any other action authorized under section 704 to provide increased
Federal assistance to those areas; and
`(D) coordinate activities under this section (specifically administrative,
recordkeeping, and funds management activities) with State, local, and
tribal 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, local, and tribal law enforcement agencies have committed
resources to respond to the drug trafficking problem in the area, thereby
indicating a determination to respond aggressively to the problem;
`(3) drug-related activities in the area are having a significant harmful
impact in the area, and in other areas of the country; and
`(4) a significant increase in allocation of Federal resources is necessary
to respond adequately to drug-related activities in the area.
`(e) Organization of High Intensity Drug Trafficking Areas-
`(1) EXECUTIVE BOARD AND OFFICERS- To be eligible for funds appropriated
under this section, each high intensity drug trafficking area shall be
governed by an Executive Board. The Executive Board shall designate a
chairman, vice chairman, and any other officers to the Executive Board
that it determines are necessary.
`(2) RESPONSIBILITIES- The Executive Board of a high intensity drug trafficking
area shall be responsible for--
`(A) providing direction and oversight in establishing and achieving
the goals of the high intensity drug trafficking area;
`(B) managing the funds of the high intensity drug trafficking area;
`(C) reviewing and approving all funding proposals consistent with the
overall objective of the high intensity drug trafficking area; and
`(D) reviewing and approving all reports to the Director on the activities
of the high intensity drug trafficking area.
`(3) BOARD REPRESENTATION- None of the funds appropriated under this section
may be expended for any high intensity drug trafficking area, or for a
partnership or region of a high intensity drug trafficking area, if the
Executive Board for such area, region, or partnership, does not apportion
an equal number of votes between representatives of participating Federal
agencies and representatives of participating State, local, and tribal
agencies. Where it is impractical for an equal number of representatives
of Federal agencies and State, local, and tribal 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 5 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, local, and tribal
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--
`(1) the amount proposed for each high intensity drug trafficking area,
conditional upon a review by the Office of the request submitted by the
HIDTA and the performance of the HIDTA, with supporting narrative descriptions
and rationale for each request;
`(2) a detailed justification that explains--
`(A) the reasons for the proposed 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;
`(B) how such funding will ensure that the goals and objectives of each
such area will be achieved; and
`(C) how such funding supports the National Drug Control Strategy; and
`(3) the amount of HIDTA funds used to investigate and prosecute organizations
and individuals trafficking in methamphetamine in the prior calendar year,
and a description of how those funds were used.
`(j) Emerging Threat Response Fund-
`(1) IN GENERAL- Subject to the availability of appropriations, 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.
`(1) INITIAL REPORT- Not later than 90 days after the date of the enactment
of this section, 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--
`(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 1 year 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
`(A) each Federal, State, local, and tribal 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, local,
and tribal 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 Law Enforcement Intelligence Sharing in High Intensity
Drug Trafficking Areas Program- Not later than 180 days after the date of
the enactment of this section, and as part of each subsequent annual National
Drug Control Strategy report, the Director, in consultation with the Director
of National Intelligence, shall submit to Congress a report--
`(1) evaluating existing and planned law enforcement 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 law enforcement
intelligence to Federal, State, local, and tribal law enforcement agencies
within the high intensity drug trafficking area and outside of it;
`(2) the extent to which Federal, State, local, and tribal law enforcement
agencies participating in each high intensity drug trafficking area are
sharing law enforcement 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
law enforcment intelligence regarding drug trafficking and drug production
among Federal, State, local, and tribal 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 Law Enforcement 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) REQUIREMENT- As part of the documentation that supports the President's
annual budget request for the Office, the Director shall submit to Congress
a report describing the use of HIDTA funds to investigate and prosecute
organizations and individuals trafficking in methamphetamine in the prior
calendar year.
`(2) CONTENTS- The report shall include--
`(A) the number of methamphetamine manufacturing facilities discovered
through HIDTA-funded initiatives in the previous fiscal year;
`(B) 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 HIDTA-funded initiatives in the area during the previous
year; and
`(C) law enforcement intelligence and predictive data from the Drug
Enforcement Administration showing patterns and trends in abuse, trafficking,
and transportation in methamphetamine and listed chemicals.
`(3) CERTIFICATION- Before the Director awards any funds to a high intensity
drug trafficking area, the Director shall certify that the law enforcement
entities participating in that HIDTA 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) $240,000,000 for fiscal year 2007;
`(2) $250,000,000 for fiscal year 2008;
`(3) $260,000,000 for fiscal year 2009;
`(4) $270,000,000 for fiscal year 2010; and
`(5) $280,000,000 for each of fiscal year 2011.'.
SEC. 302. 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 to 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 counternarcotics law enforcement--from prevention
to investigation to prosecution to reentry--the voluntary cooperation
of ordinary citizens is a critical component.
(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
tribal, local, State, and Federal law enforcement efforts to combat illegal
drug trafficking.
(c) Funding for Certain High Intensity Drug Trafficking Areas- Section 707,
as amended by section 301, is amended by adding at the end the following:
`(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. 303. ASSESSMENT.
The Director shall assess the ability of the HIDTA Program to respond to
the so-called `balloon effect', whereby urban drug traffickers facing intensive
law enforcement efforts expand and spread their trafficking and distribution
into rural, suburban, and smaller urban areas by conducting a demonstration
project examining the ability of the New York/New Jersey HIDTA, with its
new single colocated Organized Crime and Drug Enforcement Task Force/High
Intensity Drug Trafficking Area Strike Force and HIDTA Regional Intelligence
Center, to address the movement of drug traffickers into the more rural,
suburban, and smaller areas encompassed by the counties of Albany, Onondaga,
Monroe, and Erie in New York State and by annexing these counties into the
existing New York/New Jersey HIDTA.
TITLE IV--TECHNOLOGY
SEC. 401. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Chief Scientist- Section 708(b) is amended to read as follows:
`(b) Chief Scientist- There shall be at the head of the Center the Chief
Scientist, who shall be appointed by the Director from among individuals
qualified and distinguished in the area of science, medicine, engineering,
or technology.'.
(1) RESEARCH AND DEVELOPMENT- Section 708 is amended by--
(A) redesignating subsection (d) as subsection (e); and
(B) striking subsection (c) and inserting the following:
`(c) Research and Development Responsibilities- The Director, acting through
the Chief Scientist, shall--
`(1) identify and define the short-, medium-, and long-term scientific
and technological needs of Federal, State, local, and tribal drug supply
reduction agencies, including--
`(A) advanced surveillance, tracking, and radar imaging;
`(B) electronic support measures;
`(D) data fusion, advanced computer systems, and artificial intelligence;
and
`(E) chemical, biological, radiological (including neutron and electron),
and other means of detection;
`(2) identify demand reduction basic and applied research needs and initiatives,
in consultation with affected National Drug Control Program agencies,
including--
`(A) improving treatment through neuroscientific advances;
`(B) improving the transfer of biomedical research to the clinical setting;
and
`(C) in consultation with the National Institute of 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
and availability of drug treatment;
`(3) make a priority ranking of such needs identified in paragraphs (1)
and (2) according to fiscal and technological feasibility, as part of
a National Counterdrug Research and Development Program;
`(4) oversee and coordinate counterdrug technology initiatives with related
activities of other Federal civilian and military departments;
`(5) provide support to the development and implementation of the national
drug control performance measurement system established under subsection
(c) of section 706; and
`(6) 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.
`(d) Limitation on Authority- The authority granted to the Director under
this section shall not extend to the awarding of contracts, management of
individual projects, or other operational activities.'.
(2) ASSISTANCE AND SUPPORT- Subsection (e) of section 708, as redesignated
by this section, is amended to read as follows:
`(e) Assistance and Support to the 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 counterdrug technology assessment.'.
(3) TECHNOLOGY TRANSFER PROGRAM- Section 708 is amended by adding at the
end the following:
`(f) Technology Transfer Program-
`(1) PROGRAM- The Chief Scientist, with the advice and counsel of experts
from State, local, and tribal law enforcement agencies, shall be responsible
to the Director for coordination and implementation of a counterdrug technology
transfer program.
`(2) PURPOSE- The purpose of the Technology Transfer Program shall be
for the Counterdrug Technology Assessment Center to transfer technology
and associated training directly to State, local, and tribal law enforcement
agencies.
`(3) PRIORITY OF RECEIPTS- Transfers shall be made in priority order based
on--
`(A) the need of potential recipients for such technology;
`(B) the effectiveness of the technology to enhance current counterdrug
activities of potential recipients; and
`(C) the ability and willingness of potential recipients to evaluate
transferred technology.
`(4) AGREEMENT AUTHORITY- The Director may enter into an agreement with
the Secretary of Homeland Security to transfer technology with both counterdrug
and homeland security applications to State, local, and tribal law enforcement
agencies on a reimbursable basis.
`(5) 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'.
TITLE V--NATIONAL YOUTH MEDIA CAMPAIGN
SEC. 501. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
(a) In General- Section 709 (21 U.S.C. 1708) is amended to read as follows:
`SEC. 709. NATIONAL YOUTH ANTI-DRUG 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.
`(1) IN GENERAL- Amounts made available to carry out this section for
the national media campaign may only be used for the following:
`(A) The purchase of media time and space, including the strategic planning
for, and accounting of, such purchases.
`(B) Creative and talent costs, consistent with paragraph (2)(A).
`(C) Advertising production costs.
`(D) Testing and evaluation of advertising.
`(E) Evaluation of the effectiveness of the national media campaign.
`(F) The negotiated fees for the winning bidder on requests for proposals
issued either by the Office or its designee to enter into contracts
to carry out activities authorized by this section.
`(G) Partnerships with professional and civic groups, community-based
organizations, including faith-based organizations, and government organizations
related to the national media campaign.
`(H) Entertainment industry outreach, interactive outreach, media projects
and activities, public information, news media outreach, and corporate
sponsorship and participation.
`(I) Operational and management expenses.
`(2) SPECIFIC REQUIREMENTS-
`(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) Subject to the availability of appropriations, 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 Senate and of the House of Representatives 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
