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



109th Congress                                            Rept. 109-315
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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

 
   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2005

                                _______
                                

               November 18, 2005.--Ordered to be printed

                                _______
                                

  Mr. Tom Davis of Virginia, from the Committee on Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2829]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Government Reform, to whom was referred 
the bill (H.R. 2829) to reauthorize the Office of National Drug 
Control Policy Act, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Committee Statement and Views....................................    28
Section-by-Section...............................................    70
Explanation of Amendments........................................    81
Committee Consideration..........................................    81
Rollcall Votes...................................................    81
Application of Law to the Legislative Branch.....................    81
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    81
Statement of General Performance Goals and Objectives............    81
Constitutional Authority Statement...............................    82
Federal Advisory Committee Act...................................    82
Unfunded Mandate Statement.......................................    82
Committee Estimate...............................................    82
Budget Authority and Congressional Budget Office Cost Estimate...    82
Changes in Existing Law Made by the Bill as Reported.............    88
Additional Views.................................................   138

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. TABLE OF CONTENTS.

  (a) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Table of contents.

   TITLE I--REAUTHORIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY

Sec. 101. Short title.
Sec. 102. Amendment of Office of National Drug Control Policy 
Reauthorization Act of 1998.
Sec. 103. Repeal of termination provision.
Sec. 104. Amendments to definitions.
Sec. 105. Amendments relating to establishment of Office of National 
Drug Control Policy and designation of officers.
Sec. 106. Amendments relating to appointment and duties of Director and 
Deputy Director.
Sec. 107. Amendments relating to coordination with other agencies.
Sec. 108. Development, submission, implementation, and assessment of 
National Drug Control Strategy.
Sec. 109. High Intensity Drug Trafficking Areas Program.
Sec. 110. Funding for certain High Intensity Drug Trafficking Areas.
Sec. 111. Amendments relating to Counter-Drug Technology Assessment 
Center.
Sec. 112. National youth antidrug media campaign.
Sec. 113. Drug interdiction.
Sec. 114. Authorization of appropriations.
Sec. 115. Technical amendments and repeal.
Sec. 116. Requirement for disclosure of Federal sponsorship of all 
Federal advertising or other communication materials.
Sec. 117. Policy relating to syringe exchange programs.

                   TITLE II--CLEAN SPORTS ACT OF 2005

Sec. 201. Addition of minimum drug testing standards to Office of 
          National Drug Control Policy Act.

   TITLE I--REAUTHORIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY

SEC. 101. SHORT TITLE.

  This title may be cited as the ``Office of National Drug Control 
Policy Reauthorization Act of 2005''.

SEC. 102. AMENDMENT OF OFFICE OF NATIONAL DRUG CONTROL POLICY 
                    REAUTHORIZATION ACT OF 1998.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Office of National Drug 
Control Policy Reauthorization Act of 1998 (Public Law 105-277; 21 
U.S.C. 1701 et seq.).

SEC. 103. 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. 104. AMENDMENTS TO DEFINITIONS.

  (a) Amendments to Definitions.--Section 702 (21 U.S.C. 1701) is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``and'' at the end of subparagraph 
                (F);
                  (B) by striking the period at the end of subparagraph 
                (G) and inserting ``, including the testing of 
                employees;''; and
                  (C) by adding at the end the following:
                  ``(H) interventions for drug abuse and dependence; 
                and
                  ``(I) international drug control coordination and 
                cooperation with respect to activities described in 
                this paragraph.'';
          (2) in paragraph (6), by adding before the period at the end: 
        ``, including any activities involving supply reduction, demand 
        reduction, or State and local affairs'';
          (3) in paragraph (7)--
                  (A) by striking ``Agency'' and inserting ``agency'';
                  (B) by striking ``National Foreign Intelligence 
                Program,'' and inserting ``National Intelligence 
                Program,''; and
                  (C) by inserting a comma before ``or Tactical'';
          (4) in paragraph (9), by striking ``implicates'' and 
        inserting ``indicates'';
          (5) in paragraph (10)--
                  (A) by adding ``National Drug Control Program 
                agencies and'' after ``among'' in subparagraph (B);
                  (B) by striking ``and'' at the end of subparagraph 
                (B);
                  (C) by striking the period at the end of subparagraph 
                (C) and inserting a semicolon; and
                  (D) by adding at the end the following:
                  ``(D) domestic drug law enforcement, including 
                domestic drug interdiction and law enforcement directed 
                at drug users; and
                  ``(E) coordination and enhancement of Federal, State, 
                and local law enforcement initiatives to gather, 
                analyze, and disseminate information and intelligence 
                relating to drug control among domestic law enforcement 
                agencies.'';
          (6) in paragraph (11)--
                  (A) by inserting before the semicolon in subparagraph 
                (A) the following: ``, including--
                          ``(i) law enforcement outside the United 
                        States; and
                          ``(ii) source country programs, including 
                        economic development programs primarily 
                        intended to reduce the production or 
                        trafficking of illicit drugs'';
                  (B) by striking subparagraph (B) and inserting the 
                following:
                  ``(B) facilitating and enhancing the sharing of 
                foreign and domestic information and law enforcement 
                intelligence relating to drug production and 
                trafficking among National Drug Control Program 
                agencies, and between those agencies and foreign law 
                enforcement agencies; and'';
                  (C) by striking ``; and'' at the end of subparagraph 
                (C) and inserting a period; and
                  (D) by striking subparagraph (D); and
          (7) by adding at the end the following:
          ``(12) Appropriate congressional committees.--Except where 
        otherwise provided, the term `appropriate congressional 
        committees' means the Committee on the Judiciary, the Committee 
        on Appropriations, and the Caucus on International Narcotics 
        Control of the Senate and the Committee on Government Reform, 
        the Committee on the Judiciary, and the Committee on 
        Appropriations of the House of Representatives.
          ``(13) Law enforcement.--The term `law enforcement' or `drug 
        law enforcement' means all efforts by a Federal, State, or 
        local government agency to enforce the drug laws of the United 
        States or any State, including investigation, arrest, 
        prosecution, and incarceration or other punishments or 
        penalties.''.
  (b) Conforming Amendments.--Section 703(b)(3) (21 U.S.C. 1702(b)(3)) 
is amended--
          (1) in subparagraph (A), by striking ``(G)'' and inserting 
        ``(I)''; and
          (2) in subparagraph (C)--
                  (A) by striking ``through (C)'' and inserting 
                ``through (E)'';
                  (B) by striking ``and subparagraph (D) of section 
                702(11)''; and
                  (C) by adding before the period at the end the 
                following: ``, and sections 707 and 708 of this Act''.

SEC. 105. AMENDMENTS RELATING TO ESTABLISHMENT OF OFFICE OF NATIONAL 
                    DRUG CONTROL POLICY AND DESIGNATION OF OFFICERS.

  (a) Responsibilities.--Paragraph (4) of section 703(a) (21 U.S.C. 
1702(a)) is amended to read as follows:
          ``(4) evaluate the effectiveness of the national drug control 
        policy and the National Drug Control Program agencies' 
        programs, by developing and applying specific goals and 
        performance measurements.''.
  (b) Rank of Director.--Section 703(b) (21 U.S.C. 1702(b)) is amended 
in paragraph (1) by adding before the period the following: ``, who 
shall hold the same rank and status as the head of an executive 
department listed in section 101 of title 5, United States Code''.
  (c) Deputy Directors.--Section 703(b) (21 U.S.C. 1702(b)) is amended 
in paragraph (3)--
          (1) by striking ``Office--'' and inserting ``Office the 
        following additional Deputy Directors--''; and
          (2) in subparagraph (B), by striking ``who shall'' and 
        inserting the following: ``who shall have substantial 
        experience and expertise in drug interdiction operations and 
        other supply reduction activities, and who shall serve as the 
        United States Interdiction Coordinator and''.

SEC. 106. AMENDMENTS RELATING TO APPOINTMENT AND DUTIES OF DIRECTOR AND 
                    DEPUTY DIRECTOR.

  (a) Designation of Other Officers.--Section 704(a)(3) (21 U.S.C. 
1703(a)(3)) is amended--
          (1) by striking ``permanent employee'' and inserting 
        ``officer or employee''; and
          (2) by striking ``serve as the Director'' and inserting 
        ``serve as the acting Director''.
  (b) Responsibilities of Director.--Section 704(b) (21 U.S.C. 1703(b)) 
is amended--
          (1) in paragraph (4), by striking ``Federal departments and 
        agencies engaged in drug enforcement,'' and inserting 
        ``National Drug Control Program agencies,'';
          (2) in paragraph (7), by inserting after ``President'' the 
        following: ``and the appropriate congressional committees'';
          (3) in paragraph (13), by striking ``(beginning in 1999)'';
          (4) in paragraph (14)--
                  (A) by striking ``Appropriations'' and all that 
                follows through ``Senate'' and inserting ``appropriate 
                congressional committees''; and
                  (B) by striking ``and'' after the semicolon at the 
                end;
          (5) in paragraph (15), by striking subparagraph (C) and 
        inserting the following:
                  ``(C) supporting the substance abuse information 
                clearinghouse administered by the Administrator of the 
                Substance Abuse and Mental Health Services 
                Administration and established in section 501(d)(16) of 
                the Public Health Service Act by--
                          ``(i) encouraging all National Drug Control 
                        Program agencies to provide all appropriate and 
                        relevant information; and
                          ``(ii) supporting the dissemination of 
                        information to all interested entities;''; and
          (6) by inserting at the end the following:
          ``(16) shall coordinate with the private sector to promote 
        private research and development of medications to treat 
        addiction;
          ``(17) shall seek the support and commitment of State and 
        local officials in the formulation and implementation of the 
        National Drug Control Strategy;
          ``(18) shall monitor and evaluate the allocation of resources 
        among Federal law enforcement agencies in response to 
        significant local and regional drug trafficking and production 
        threats; and
          ``(19) shall submit an annual report to Congress detailing 
        how the Office of National Drug Control Policy has consulted 
        with and assisted State and local governments with respect to 
        the formulation and implementation of the National Drug Control 
        Strategy and other relevant issues.''.
  (c) Submission of Drug Control Budget Requests.--Section 704(c)(1) is 
amended by adding at the end the following:
                  ``(C) Content of drug control budget requests.--A 
                drug control budget request submitted by a department, 
                agency, or program under this paragraph shall include 
                all requests for funds for any drug control activity 
                undertaken by that department, agency, or program, 
                including demand reduction, supply reduction, and State 
                and local affairs, including any drug law enforcement 
                activities. If an activity has both drug control and 
                nondrug control purposes or applications, the 
                department, agency, or program shall estimate by a 
                documented calculation the total funds requested for 
                that activity that would be used for drug control, and 
                shall set forth in its request the basis and method for 
                making the estimate.''.
  (d) National Drug Control Budget Proposal.--Section 704(c)(2) is 
amended in subparagraph (A) by inserting before the semicolon: ``and to 
inform Congress and the public about the total amount proposed to be 
spent on all supply reduction, demand reduction, State and local 
affairs, including any drug law enforcement, and other drug control 
activities by the Federal Government, which shall conform to the 
content requirements set forth in subparagraph (C) of paragraph (1) of 
this subsection''.
  (e) Review and Certification of National Drug Control Program 
Budget.--Section 704(c)(3) (21 U.S.C. 1703(c)(3)) is amended--
          (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
          (2) by inserting after subparagraph (B) the following new 
        subparagraph:
                  ``(C) Specific requests.--The Director shall not 
                confirm the adequacy of any budget request that--
                          ``(i) requests funding for Federal law 
                        enforcement activities that do not adequately 
                        compensate for transfers of drug enforcement 
                        resources and personnel to law enforcement and 
                        investigation activities not related to drug 
                        enforcement as determined by the Director;
                          ``(ii) requests funding for law enforcement 
                        activities on the borders of the United States 
                        that do not adequately direct resources to drug 
                        interdiction and enforcement as determined by 
                        the Director;
                          ``(iii) requests funding for drug treatment 
                        activities that do not provide adequate result 
                        and accountability measures as determined by 
                        the Director;
                          ``(iv) requests funding for any activities of 
                        the Safe and Drug Free Schools Program that do 
                        not include a clear antidrug message or purpose 
                        intended to reduce drug use;
                          ``(v) requests funding to enforce section 
                        484(r)(1) of the Higher Education Act of 1965 
                        (20 U.S.C. 1091(r)(1)) with respect to 
                        convictions for drug-related offenses not 
                        occurring during a period of enrollment for 
                        which the student was receiving any Federal 
                        grant, loan, or work assistance;
                          ``(vi) requests funding for drug treatment 
                        activities that do not adequately support and 
                        enhance Federal drug treatment programs and 
                        capacity, as determined by the Director;
                          ``(vii) requests funding for fiscal year 2007 
                        for activities of the Department of Education, 
                        unless it is accompanied by a report setting 
                        forth a plan for providing expedited 
                        consideration of student loan applications for 
                        all individuals who submitted an application 
                        for any Federal grant, loan, or work assistance 
                        that was rejected or denied pursuant to 
                        484(r)(1) of the Higher Education Act of 1965 
                        (20 U.S.C. 1091(r)(1)) by reason of a 
                        conviction for a drug-related offense not 
                        occurring during a period of enrollment for 
                        which the individual was receiving any Federal 
                        grant, loan, or work assistance;
                          ``(viii) requests funding for the operations 
                        and management of the Department of Homeland 
                        Security that does not include a specific 
                        request for funds for the Office of 
                        Counternarcotics Enforcement to carry out its 
                        responsibilities under section 878 of the 
                        Homeland Security Act of 2002 (6 U.S.C. 
                        458).'';
          (3) in subparagraph (D)(iii), as so redesignated, by 
        inserting ``and the appropriate congressional committees'' 
        after ``House of Representatives''; and
          (4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by 
        inserting ``and the appropriate congressional committees'' 
        after ``House of Representatives''.
  (f) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) (21 
U.S.C. 1703(c)(4)(A)) is amended by striking ``$5,000,000'' and 
inserting ``$1,000,000''.
  (g) Powers of Director.--Section 704(d) (21 U.S.C. 1703(d)) is 
amended--
          (1) in paragraph (8)(D), by striking ``have been authorized 
        by Congress;'' and inserting ``authorized by law;'';
          (2) in paragraph (9)--
                  (A) by inserting ``notwithstanding any other 
                provision of law,'' after ``(9)''; and
                  (B) by striking ``Strategy; and'' and inserting 
                ``Strategy and notify the appropriate congressional 
                committees of any fund control notice issued;'';
          (3) in paragraph (10), by striking ``(22 U.S.C. 2291j).'' and 
        inserting ``(22 U.S.C. 2291j) and section 706 of the Foreign 
        Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-
        1); and''; and
          (4) by adding at the end the following new paragraph:
          ``(11) not later than August 1 of each year, submit to the 
        President a report, and transmit copies of the report to the 
        Secretary of State and the appropriate congressional 
        committees, that--
                  ``(A) provides the Director's assessment of which 
                countries are major drug transit countries or major 
                illicit drug producing countries as defined in section 
                481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 
                2291(e));
                  ``(B) provides the Director's assessment of whether 
                each country identified under subparagraph (A) has 
                cooperated fully with the United States or has taken 
                adequate steps on its own to achieve full compliance 
                with the goals and objectives established by the United 
                Nations Convention Against Illicit Traffic in Narcotic 
                Drugs and Psychotropic Substances and otherwise has 
                assisted in reducing the supply of illicit drugs to the 
                United States; and
                  ``(C) provides the Director's assessment of whether 
                application of procedures set forth in section 490 of 
                the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), 
                as provided in section 706 of the Foreign Relations 
                Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-
                1), is warranted with respect to countries the Director 
                assesses have not cooperated fully.''.
  (g) Fund Control Notices.--Section 704(f) (21 U.S.C. 1703(f)) is 
amended by adding at the end the following:
          ``(4) Congressional notice.--A copy of each fund control 
        notice shall be transmitted to the appropriate congressional 
        committees.
          ``(5) Restrictions.--The Director shall not issue a fund 
        control notice to direct that all or part of an amount 
        appropriated to the National Drug Control Program agency 
        account be obligated, modified, or altered in any manner 
        contrary, in whole or in part, to a specific appropriation or 
        statute.''.
  (h) Technical Amendments.--Section 704 (21 U.S.C. 1703) is amended--
          (1) in subsection (g)--
                  (A) by striking ``National Foreign Intelligence 
                Program'' and inserting ``National Intelligence 
                Program''; and
                  (B) by inserting a comma before ``and Tactical''; and
          (2) in subsection (h), by striking ``Director of Central 
        Intelligence'' and inserting ``Director of National 
        Intelligence or the Director of the Central Intelligence 
        Agency''.
  (i) Requirement for South American Heroin Strategy.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Director of National Drug Control 
        Policy shall submit to the Congress a comprehensive strategy 
        that addresses the increased threat from South American heroin, 
        and in particular Colombian heroin and the emerging threat from 
        opium poppy grown in Peru and often intended for transit to 
        Columbia for processing into heroin.
          (2) Contents.--The strategy shall include--
                  (A) opium eradication efforts to eliminate the 
                problem at the source to prevent heroin from entering 
                the stream of commerce;
                  (B) interdiction and precursor chemical controls;
                  (C) demand reduction and treatment;
                  (D) alternative development programs, including 
                direct assistance to regional governments to demobilize 
                and provide alternative livelihoods to former members 
                of insurgent or other groups engaged in heroin, coca, 
                or other illicit drug production or trafficking;
                  (E) efforts to inform and involve local citizens in 
                the programs described in subparagraphs (A) through 
                (D), such as through leaflets advertising rewards for 
                information;
                  (F) provisions that ensure the maintenance at current 
                levels of efforts to eradicate coca in Colombia; and
                  (G) assessment of the specific level of funding and 
                resources necessary to simultaneously address the 
                threat from South American heroin and the threat from 
                Colombian and Peruvian coca.
          (3) Treatment of classified or law enforcement sensitive 
        information.--Any content of the strategy that involves 
        information classified under criteria established by an 
        Executive order, or whose public disclosure, as determined by 
        the Director or the head of any relevant Federal agency, would 
        be detrimental to the law enforcement or national security 
        activities of any Federal, foreign, or international agency, 
        shall be presented to Congress separately from the rest of the 
        strategy.
  (j) Requirement for Afghan Heroin Strategy.--
          (1) In general.--Not later than 90 days after the date of the 
        enactment of this Act, the Director of the Office of National 
        Drug Control Policy shall submit to the Congress a 
        comprehensive strategy that addresses the increased threat from 
        Afghan heroin.
          (2) Contents.--The strategy shall include--
                  (A) opium crop eradication efforts to eliminate the 
                problem at the source to prevent heroin from entering 
                the stream of commerce;
                  (B) destruction or other direct elimination of 
                stockpiles of heroin and raw opium, and heroin 
                production and storage facilities;
                  (C) interdiction and precursor chemical controls;
                  (D) demand reduction and treatment;
                  (E) alternative development programs;
                  (F) measures to improve cooperation and coordination 
                between Federal Government agencies, and between such 
                agencies, agencies of foreign governments, and 
                international organizations with responsibility for the 
                prevention of heroin production in, or trafficking out 
                of, Afghanistan; and
                  (G) an assessment of the specific level of funding 
                and resources necessary significantly to reduce the 
                production and trafficking of heroin.
          (3) Treatment of classified or law enforcement sensitive 
        information.--Any content of the strategy that involves 
        information classified under criteria established by an 
        Executive order, or whose public disclosure, as determined by 
        the Director or the head of any relevant Federal agency, would 
        be detrimental to the law enforcement or national security 
        activities of any Federal, foreign, or international agency, 
        shall be presented to Congress separately from the rest of the 
        strategy.
  (k) Requirement for General Counterdrug Intelligence Plan.--
          (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, and not later than every two years 
        thereafter, the Director of the Office of National Drug Control 
        Policy, with the concurrence of the Director of National 
        Intelligence, shall submit to the appropriate congressional 
        committees, a general counterdrug intelligence plan to improve 
        coordination, and eliminate unnecessary duplication, among the 
        counterdrug intelligence centers and information sharing 
        systems, and counterdrug activities of the Federal Government, 
        including the centers, systems, and activities of the following 
        departments and agencies:
                  (A) The Department of Defense, including the Defense 
                Intelligence Agency, and the joint interagency task 
                forces.
                  (B) The Department of the Treasury, including the 
                Financial Crimes Enforcement Network (FinCEN).
                  (C) The Central Intelligence Agency.
                  (D) The National Security Agency.
                  (E) The Department of Homeland Security, including 
                the United States Coast Guard, the bureau of Customs 
                and Border Protection, and the bureau of Immigration 
                and Customs Enforcement.
                  (F) The Department of Justice, including the National 
                Drug Intelligence Center (NDIC); the Drug Enforcement 
                Administration, including the El Paso Intelligence 
                Center (EPIC); the Federal Bureau of Investigation; the 
                Organized Crime Drug Enforcement Task Force; and the 
                Regional Information Sharing System.
                  (G) The Office of National Drug Control Policy, 
                including the High Intensity Drug Trafficking Areas 
                Program.
                  (H) The Counterdrug Intelligence Executive 
                Secretariat.
          (2) Purpose.--The purpose of the plan under paragraph (1) is 
        to maximize the effectiveness of the centers and activities 
        referred to in that paragraph in achieving the objectives of 
        the National Drug Control Strategy promulgated under 21 U.S.C. 
        1705. In order to maximize such effectiveness, the plan shall--
                  (A) articulate clear and specific mission statements 
                (including purpose and scope of activity) for each 
                counterdrug intelligence center, system, and activity, 
                including the manner in which responsibility for 
                counterdrug intelligence activities will be allocated 
                among the counterdrug intelligence centers and systems;
                  (B) specify each government agency (whether Federal, 
                State, or local) that participates in each such center, 
                system, and activity, including a description of the 
                extent and nature of that participation;
                  (C) specify the relationship between such centers, 
                systems, and activities;
                  (D) specify the means by which proper oversight of 
                such centers, systems, and activities will be assured;
                  (E) specify the means by which counterdrug 
                intelligence and information will be forwarded 
                effectively to all levels of officials responsible for 
                United States counterdrug policy; and
                  (F) specify mechanisms to ensure that State and local 
                law enforcement agencies are apprised of counterdrug 
                intelligence and information acquired by Federal law 
                enforcement agencies in a manner which--
                          (i) facilitates effective counterdrug 
                        activities by State and local law enforcement 
                        agencies; and
                          (ii) provides such State and local law 
                        enforcement agencies with the information 
                        relating to the safety of officials involved in 
                        their counterdrug activities.
          (3) Definitions.--As used in this subsection--
                  (A) the term ``center'' refers to any center, office, 
                task force, or other coordinating organization engaged 
                in counterdrug intelligence or information analyzing or 
                sharing activities;
                  (B) the term ``system'' refers to any computerized 
                database or other electronic system used for 
                counterdrug intelligence or information analyzing or 
                sharing activities; and
                  (C) the term ``appropriate congressional committees'' 
                means the following:
                          (i) The Committee on Appropriations, the 
                        Committee on Foreign Relations, the Committee 
                        on the Judiciary, the Committee on Homeland 
                        Security and Governmental Affairs, the Caucus 
                        on International Narcotics Control, and the 
                        Select Committee on Intelligence of the Senate.
                          (ii) The Committee on Appropriations, the 
                        Committee on International Relations, the 
                        Committee on the Judiciary, the Committee on 
                        Government Reform, the Committee on Homeland 
                        Security, and the Permanent Select Committee on 
                        Intelligence of the House of Representatives.
          (4) Limitation.--The general counterdrug intelligence plan 
        shall not--
                  (A) change existing agency authorities or the laws 
                governing interagency relationships, but may include 
                recommendations about changes to such authorities or 
                laws; or
                  (B) include any information about specific methods of 
                obtaining, or sources of, intelligence or information, 
                or any information about specific individuals, cases, 
                investigations, or operations.
          (5) Classified or law enforcement sensitive information.--Any 
        content of the general counterdrug intelligence plan that 
        involves information classified under criteria established by 
        an Executive order, or whose public disclosure, as determined 
        by the Director of the Office of National Drug Control Policy, 
        the Director of National Intelligence, or the head of any 
        Federal Government agency whose activities are described in the 
        plan, would be detrimental to the law enforcement or national 
        security activities of any Federal, State, or local agency, 
        shall be presented to Congress separately from the rest of the 
        report.
  (l) Requirement for Southwest Border Counternarcotics Strategy.--
          (1) In general.--Not later than 120 days after the date of 
        enactment of this Act, and every two years thereafter, the 
        Director of National Drug Control Policy shall submit to the 
        Congress a Southwest Border Counternarcotics Strategy.
          (2) Purposes.--The Southwest Border Counternarcotics Strategy 
        shall--
                  (A) set forth the Government's strategy for 
                preventing the illegal trafficking of drugs across the 
                international border between the United States and 
                Mexico, including through ports of entry and between 
                ports of entry on that border;
                  (B) state the specific roles and responsibilities of 
                the relevant National Drug Control Program agencies (as 
                defined in section 702 of the Office of National Drug 
                Control Policy Reauthorization Act of 1998 (21 U.S.C. 
                1701)) for implementing that strategy; and
                  (C) identify the specific resources required to 
                enable the relevant National Drug Control Program 
                agencies to implement that strategy.
          (3) Consultation with other agencies.--The Director shall 
        issue the Southwest Border Counternarcotics Strategy in 
        consultation with the heads of the relevant National Drug 
        Control Program agencies.
          (4) Limitation.--The Southwest Border Counternarcotics 
        Strategy shall not change existing agency authorities or the 
        laws governing interagency relationships, but may include 
        recommendations about changes to such authorities or laws.
          (5) Report to congress.--The Director shall provide a copy of 
        the Southwest Border Counternarcotics Strategy to the 
        appropriate congressional committees (as defined in section 702 
        of the Office of National Drug Control Policy Reauthorization 
        Act of 1998 (21 U.S.C. 1701)), and to the Committee on Armed 
        Services and the Committee on Homeland Security of the House of 
        Representatives, and the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Armed Services of the 
        Senate.
          (6) Treatment of classified or law enforcement sensitive 
        information.--Any content of the Southwest Border 
        Counternarcotics Strategy that involves information classified 
        under criteria established by an Executive order, or whose 
        public disclosure, as determined by the Director or the head of 
        any relevant National Drug Control Program agency, would be 
        detrimental to the law enforcement or national security 
        activities of any Federal, State, or local agency, shall be 
        presented to Congress separately from the rest of the strategy.
  (m) Requirement for Scientific Study of Mycoherbicide in Illicit Drug 
Crop Eradication.--Not later than 90 days after the date of enactment 
of this Act, the Director of the Office of National Drug Control Policy 
shall submit to the Congress a report that includes a plan to conduct, 
on an expedited basis, a scientific study of the use of mycoherbicide 
as a means of illicit drug crop elimination by an appropriate 
Government scientific research entity, including a complete and 
thorough scientific peer review. The study shall include an evaluation 
of the likely human health and environmental impacts of such use. The 
report shall also include a plan to conduct controlled scientific 
testing in a major drug producing nation of mycoherbicide naturally 
existing in the producing nation.

SEC. 107. AMENDMENTS RELATING TO COORDINATION WITH OTHER AGENCIES.

  Section 705 (21 U.S.C. 1704) is amended--
          (1) in subsection (a)(1)(A), by striking ``abuse'';
          (2) in subsection (a)(2)(A), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence'';
          (3) in subsection (a)(2)(B), by striking ``Director of 
        Central Intelligence'' and inserting ``Director of National 
        Intelligence and the Director of the Central Intelligence 
        Agency'';
          (4) by amending paragraph (3) of subsection (a) to read as 
        follows:
          ``(3) Required reports.--
                  ``(A) Secretaries of the interior and agriculture.--
                The Secretaries of Agriculture and Interior shall, by 
                July 1 of each year, jointly submit to the Director, 
                the appropriate congressional committees, the Committee 
                on Agriculture and the Committee on Resources of the 
                House of Representatives, and the Committee on 
                Agriculture and the Committee on Energy and Natural 
                Resources of the Senate, an assessment of the quantity 
                of illegal drug cultivation and manufacturing in the 
                United States on lands owned or under the jurisdiction 
                of the Federal Government for the preceding year.
                  ``(B) Attorney general.--The Attorney General shall, 
                by July 1 of each year, submit to the Director and the 
                appropriate congressional committees information for 
                the preceding year regarding the number and type of--
                          ``(i) arrests for drug violations;
                          ``(ii) prosecutions for drug violations by 
                        United States Attorneys; and
                          ``(iii) seizures of drugs by each component 
                        of the Department of Justice seizing drugs, as 
                        well as statistical information on the 
                        geographic areas of such seizures.
                  ``(C) Secretary of homeland security.--The Secretary 
                of Homeland Security shall, by July 1 of each year, 
                submit to the Director, the appropriate congressional 
                committees, and the Committee on Homeland Security of 
                the House of Representatives, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate, information for the preceding year regarding--
                          ``(i) the number and type of seizures of 
                        drugs by each component of the Department of 
                        Homeland Security seizing drugs, as well as 
                        statistical information on the geographic areas 
                        of such seizures; and
                          ``(ii) the number of air and maritime patrol 
                        hours undertaken by each component of that 
                        Department primarily dedicated to drug supply 
                        reduction missions.
                  ``(D) Secretary of defense.--The Secretary of Defense 
                shall, by July 1 of each year, submit to the Director, 
                the appropriate congressional committees, the Committee 
                on Armed Services of the House of Representatives, and 
                the Committee on Armed Services of the Senate, 
                information for the preceding year regarding the number 
                of air and maritime patrol hours primarily dedicated to 
                drug supply reduction missions undertaken by each 
                component of the Department of Defense.'';
          (5) in subsection (b)(2)(B), by striking ``Program.'' and 
        inserting ``Strategy.''; and
          (6) in subsection (c), by striking ``in'' and inserting 
        ``on''.

SEC. 108. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND ASSESSMENT OF 
                    NATIONAL DRUG CONTROL STRATEGY.

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

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

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

SEC. 109. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

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

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

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

SEC. 110. FUNDING FOR CERTAIN HIGH INTENSITY DRUG TRAFFICKING AREAS.

  (a) Short Title.--This section may be cited as the ``Dawson Family 
Community Protection Act''.
  (b) Findings.--Congress finds the following:
          (1) In the early morning hours of October 16, 2002, the home 
        of Carnell and Angela Dawson was firebombed in apparent 
        retaliation for Mrs. Dawson's notification of police about 
        persistent drug distribution activity in their East Baltimore 
        City neighborhood.
          (2) The arson claimed the lives of Mr. and Mrs. Dawson and 
        their 5 young children, aged 9 to 14.
          (3) The horrific murder of the Dawson family is a stark 
        example of domestic narco-terrorism.
          (4) In all phases of counter-narcotics law enforcement--from 
        prevention to investigation to prosecution to reentry--the 
        voluntary cooperation of ordinary citizens is a critical 
        component.
          (5) Voluntary cooperation is difficult for law enforcement 
        officials to obtain when citizens feel that cooperation carries 
        the risk of violent retaliation by illegal drug trafficking 
        organizations and their affiliates.
          (6) Public confidence that law enforcement is doing all it 
        can to make communities safe is a prerequisite for voluntary 
        cooperation among people who may be subject to intimidation or 
        reprisal (or both).
          (7) Witness protection programs are insufficient on their own 
        to provide security because many individuals and families who 
        strive every day to make distressed neighborhoods livable for 
        their children, other relatives, and neighbors will resist or 
        refuse offers of relocation by local, State, and Federal 
        prosecutorial agencies and because, moreover, the continued 
        presence of strong individuals and families is critical to 
        preserving and strengthening the social fabric in such 
        communities.
          (8) Where (as in certain sections of Baltimore City) 
        interstate trafficking of illegal drugs has severe ancillary 
        local consequences within areas designated as high intensity 
        drug trafficking areas, it is important that supplementary High 
        Intensity Drug Trafficking Areas Program funds be committed to 
        support initiatives aimed at making the affected communities 
        safe for the residents of those communities and encouraging 
        their cooperation with local, State, and Federal law 
        enforcement efforts to combat illegal drug trafficking.
  (c) Funding for Certain High Intensity Drug Trafficking Areas.--
Section 707 (21 U.S.C. 1706), as amended by section 109, is further 
amended by adding at the end the following new subsection:
  ``(o) Specific Purposes.--
          ``(1) In general.--The Director shall ensure that, of the 
        amounts appropriated for a fiscal year for the Program, at 
        least $5,000,000 is used in high intensity drug trafficking 
        areas with severe neighborhood safety and illegal drug 
        distribution problems.
          ``(2) Required uses.--The funds used under paragraph (1) 
        shall be used--
                  ``(A) to ensure the safety of neighborhoods and the 
                protection of communities, including the prevention of 
                the intimidation of potential witnesses of illegal drug 
                distribution and related activities; and
                  ``(B) to combat illegal drug trafficking through such 
                methods as the Director considers appropriate, such as 
                establishing or operating (or both) a toll-free 
                telephone hotline for use by the public to provide 
                information about illegal drug-related activities.''.

SEC. 111. AMENDMENTS RELATING TO COUNTER-DRUG TECHNOLOGY ASSESSMENT 
                    CENTER.

  (a) Chief Scientist.--Section 708(b) (21 U.S.C. 1707(b)) is amended--
          (1) in the heading by striking ``Director of Technology.--'' 
        and inserting ``Chief Scientist.--''; and
          (2) by striking ``Director of Technology,'' and inserting 
        ``Chief Scientist,''.
  (b) Additional Responsibilities of Director.--Section 708(c) (21 
U.S.C. 1707(c)) is amended to read as follows:
  ``(c) Additional Responsibilities of the Director of National Drug 
Control Policy.--
          ``(1) In general.--The Director, acting through the Chief 
        Scientist shall--
                  ``(A) identify and define the short-, medium-, and 
                long-term scientific and technological needs of 
                Federal, State, and local law enforcement agencies 
                relating to drug enforcement, including--
                          ``(i) advanced surveillance, tracking, and 
                        radar imaging;
                          ``(ii) electronic support measures;
                          ``(iii) communications;
                          ``(iv) data fusion, advanced computer 
                        systems, and artificial intelligence; and
                          ``(v) chemical, biological, radiological 
                        (including neutron, electron, and graviton), 
                        and other means of detection;
                  ``(B) identify demand reduction (including drug 
                prevention) basic and applied research needs and 
                initiatives, in consultation with affected National 
                Drug Control Program agencies, including--
                          ``(i) improving treatment through 
                        neuroscientific advances;
                          ``(ii) improving the transfer of biomedical 
                        research to the clinical setting; and
                          ``(iii) in consultation with the National 
                        Institute on Drug Abuse and the Substance Abuse 
                        and Mental Health Services Administration, and 
                        through interagency agreements or grants, 
                        examining addiction and rehabilitation research 
                        and the application of technology to expanding 
                        the effectiveness or availability of drug 
                        treatment;
                  ``(C) make a priority ranking of such needs 
                identified in subparagraphs (A) and (B) according to 
                fiscal and technological feasibility, as part of a 
                National Counterdrug Research and Development Program;
                  ``(D) oversee and coordinate counterdrug technology 
                initiatives with related activities of other Federal 
                civilian and military departments;
                  ``(E) provide support to the development and 
                implementation of the national drug control performance 
                measurement system established under subsection (b) of 
                section 706;
                  ``(F) with the advice and counsel of experts from 
                State and local law enforcement agencies, oversee and 
                coordinate a technology transfer program for the 
                transfer of technology to State and local law 
                enforcement agencies; and
                  ``(G) pursuant to the authority of the Director of 
                National Drug Control Policy under section 704, submit 
                requests to Congress for the reprogramming or transfer 
                of funds appropriated for counterdrug technology 
                research and development.
          ``(2) Priorities in transferring technology.--
                  ``(A) In general.--The Chief Scientist shall give 
                priority, in transferring technology under paragraph 
                (1)(F), based on the following criteria:
                          ``(i) the need of potential recipients for 
                        such technology;
                          ``(ii) the effectiveness of the technology to 
                        enhance current counterdrug activities of 
                        potential recipients; and
                          ``(iii) the ability and willingness of 
                        potential recipients to evaluate transferred 
                        technology.
                  ``(B) Interdiction and border drug law enforcement 
                technologies.--The Chief Scientist shall give priority, 
                in transferring technologies most likely to assist in 
                drug interdiction and border drug law enforcement, to 
                State, local, and tribal law enforcement agencies in 
                southwest border areas and northern border areas with 
                significant traffic in illicit drugs.
          ``(3) Limitation on authority.--The authority granted to the 
        Director under this subsection shall not extend to the direct 
        management of individual projects or other operational 
        activities.
          ``(4) Report.--On or before July 1 of each year, the Director 
        shall submit a report to the appropriate congressional 
        committees that addresses the following:
                  ``(A) The number of requests received during the 
                previous 12 months, including the identity of each 
                requesting agency and the type of technology requested.
                  ``(B) The number of requests fulfilled during the 
                previous 12 months, including the identity of each 
                recipient agency and the type of technology 
                transferred.
                  ``(C) A summary of the criteria used in making the 
                determination on what requests were funded and what 
                requests were not funded, except that such summary 
                shall not include specific information on any 
                individual requests.
                  ``(D) A general assessment of the future needs of the 
                program, based on expected changes in threats, expected 
                technologies, and likely need from potential 
                recipients.
                  ``(E) An assessment of the effectiveness of the 
                technologies transferred, based in part on the 
                evaluations provided by the recipients, with a 
                recommendation whether the technology should continue 
                to be offered through the program.''.
  (c) Assistance From Secretary of Homeland Security.--Section 708(d) 
(21 U.S.C. 1707(d)) is amended by inserting ``, the Secretary of 
Homeland Security,'' after ``The Secretary of Defense''.

SEC. 112. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

  (a) In General.--Section 709 (21 U.S.C. 1708) is amended to read as 
follows:

``SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

  ``(a) In General.--The Director shall conduct a national youth anti-
drug media campaign (referred to in this subtitle as the `national 
media campaign') in accordance with this section for the purposes of--
          ``(1) preventing drug abuse among young people in the United 
        States;
          ``(2) increasing awareness of adults of the impact of drug 
        abuse on young people; and
          ``(3) encouraging parents and other interested adults to 
        discuss with young people the dangers of illegal drug use.
  ``(b) Use of Funds.--
          ``(1) In general.--Amounts made available to carry out this 
        section for the national media campaign may only be used for 
        the following:
                  ``(A) The purchase of media time and space, including 
                the strategic planning for, and accounting of, such 
                purchases.
                  ``(B) Creative and talent costs, consistent with 
                paragraph (2)(A).
                  ``(C) Advertising production costs.
                  ``(D) Testing and evaluation of advertising.
                  ``(E) Evaluation of the effectiveness of the national 
                media campaign.
                  ``(F) The negotiated fees for the winning bidder on 
                requests for proposals issued either by the Office or 
                its designee to enter into contracts to carry out 
                activities authorized by this section.
                  ``(G) Partnerships with professional and civic 
                groups, community-based organizations, including faith-
                based organizations, and government organizations 
                related to the national media campaign.
                  ``(H) Entertainment industry outreach, interactive 
                outreach, media projects and activities, public 
                information, news media outreach, and corporate 
                sponsorship and participation.
                  ``(I) Operational and management expenses.
          ``(2) Specific requirements.--
                  ``(A) Creative services.--
                          ``(i) In using amounts for creative and 
                        talent costs under paragraph (1)(B), the 
                        Director shall use creative services donated at 
                        no cost to the Government (including creative 
                        services provided by the Partnership for a 
                        Drug-Free America) wherever feasible and may 
                        only procure creative services for 
                        advertising--
                                  ``(I) responding to high-priority or 
                                emergent campaign needs that cannot 
                                timely be obtained at no cost; or
                                  ``(II) intended to reach a minority, 
                                ethnic, or other special audience that 
                                cannot reasonably be obtained at no 
                                cost; or
                                  ``(III) the Director determines that 
                                the Partnership for a Drug-Free America 
                                is unable to provide, pursuant to 
                                subsection (d)(2)(B).
                          ``(ii) No more than $1,500,000 may be 
                        expended under this section each fiscal year on 
                        creative services, except that the Director may 
                        expend up to $2,000,000 in a fiscal year on 
                        creative services to meet urgent needs of the 
                        national media campaign with advance approval 
                        from the Committee on Appropriations of the 
                        House of Representatives and of the Senate upon 
                        a showing of the circumstances causing such 
                        urgent needs of the national media campaign.
                  ``(B) Testing and evaluation of advertising.--In 
                using amounts for testing and evaluation of advertising 
                under paragraph (1)(D), the Director shall test all 
                advertisements prior to use in the national media 
                campaign to ensure that the advertisements are 
                effective and meet industry-accepted standards. The 
                Director may waive this requirement for advertisements 
                using no more than 10 percent of the purchase of 
                advertising time purchased under this section in a 
                fiscal year and no more than 10 percent of the 
                advertising space purchased under this section in a 
                fiscal year, if the advertisements respond to emergent 
                and time-sensitive campaign needs or the advertisements 
                will not be widely utilized in the national media 
                campaign.
                  ``(C) Evaluation of effectiveness of media 
                campaign.--In using amounts for the evaluation of the 
                effectiveness of the national media campaign under 
                paragraph (1)(E), the Director shall--
                          ``(i) designate an independent entity to 
                        evaluate annually the effectiveness of the 
                        national media campaign based on data from--
                                  ``(I) the Monitoring the Future Study 
                                published by the Department of Health 
                                and Human Services;
                                  ``(II) the Attitude Tracking Study 
                                published by the Partnership for a Drug 
                                Free America;
                                  ``(III) the National Household Survey 
                                on Drug Abuse; and
                                  ``(IV) other relevant studies or 
                                publications, as determined by the 
                                Director, including tracking and 
                                evaluation data collected according to 
                                marketing and advertising industry 
                                standards; and
                          ``(ii) ensure that the effectiveness of the 
                        national media campaign is evaluated in a 
                        manner that enables consideration of whether 
                        the national media campaign has contributed to 
                        reduction of illicit drug use among youth and 
                        such other measures of evaluation as the 
                        Director determines are appropriate.
          ``(3) Purchase of advertising time and space.--For each 
        fiscal year, not less than 77 percent of the amounts 
        appropriated under this section shall be used for the purchase 
        of advertising time and space for the national media campaign, 
        subject to the following exceptions:
                  ``(A) In any fiscal year for which less than 
                $125,000,000 is appropriated for the national media 
                campaign, not less than 82 percent of the amounts 
                appropriated under this section shall be used for the 
                purchase of advertising time and space for the national 
                media campaign.
                  ``(B) In any fiscal year for which more than 
                $195,000,000 is appropriated under this section, not 
                less than 72 percent shall be used for advertising 
                production costs and the purchase of advertising time 
                and space for the national media campaign.
  ``(c) Advertising.--In carrying out this section, the Director shall 
ensure that sufficient funds are allocated to meet the stated goals of 
the national media campaign.
  ``(d) Division of Responsibilities and Functions Under the Program.--
          ``(1) In general.--The Director, in consultation with the 
        Partnership for a Drug-Free America, shall determine the 
        overall purposes and strategy of the national media campaign.
          ``(2) Responsibilities.--
                  ``(A) Director.--The Director shall be responsible 
                for implementing a focused national media campaign to 
                meet the purposes set forth in subsection (a), and 
                shall approve--
                          ``(i) the strategy of the national media 
                        campaign;
                          ``(ii) all advertising and promotional 
                        material used in the national media campaign; 
                        and
                          ``(iii) the plan for the purchase of 
                        advertising time and space for the national 
                        media campaign.
                  ``(B) The partnership for a drug-free america.--The 
                Director shall request that the Partnership for a Drug-
                Free America--
                          ``(i) develop and recommend strategies to 
                        achieve the goals of the national media 
                        campaign, including addressing national and 
                        local drug threats in specific regions or 
                        States, such as methamphetamine and ecstasy;
                          ``(ii) create all advertising to be used in 
                        the national media campaign, except 
                        advertisements that are--
                                  ``(I) provided by other nonprofit 
                                entities pursuant to subsection (f);
                                  ``(II) intended to respond to high-
                                priority or emergent campaign needs 
                                that cannot timely be obtained at no 
                                cost (not including production costs 
                                and talent reuse payments), provided 
                                that any such advertising material is 
                                reviewed by the Partnership for a Drug-
                                Free America;
                                  ``(III) intended to reach a minority, 
                                ethnic, or other special audience that 
                                cannot be obtained at no cost (not 
                                including production costs and talent 
                                reuse payments), provided that any such 
                                advertising material is reviewed by the 
                                Partnership for a Drug-Free America; or
                                  ``(IV) any other advertisements that 
                                the Director determines that the 
                                Partnership for a Drug-Free America is 
                                unable to provide.
                  ``(C) Media buying contractor.--The Director shall 
                enter into a contract with a media buying contractor to 
                plan and purchase advertising time and space for the 
                national media campaign. The media buying contractor 
                shall not provide any other service or material, or 
                conduct any other function or activity which the 
                Director determines should be provided by the 
                Partnership for a Drug-Free America.
  ``(e) Prohibitions.--None of the amounts made available under 
subsection (b) may be obligated or expended for any of the following:
          ``(1) To supplant current antidrug community-based 
        coalitions.
          ``(2) To supplant pro bono public service time donated by 
        national and local broadcasting networks for other public 
        service campaigns.
          ``(3) For partisan political purposes, or express advocacy in 
        support of or to defeat any clearly identified candidate, 
        clearly identified ballot initiative, or clearly identified 
        legislative or regulatory proposal.
          ``(4) To fund advertising that features any elected 
        officials, persons seeking elected office, cabinet level 
        officials, or other Federal officials employed pursuant to 
        section 213 of Schedule C of title 5, Code of Federal 
        Regulations.
          ``(5) To fund advertising that does not contain a primary 
        message intended to reduce or prevent illicit drug use.
          ``(6) To fund advertising containing a primary message 
        intended to promote support for the media campaign or private 
        sector contributions to the media campaign.
  ``(f) Matching Requirement.--
          ``(1) In general.--Amounts made available under subsection 
        (b) for media time and space shall be matched by an equal 
        amount of non-Federal funds for the national media campaign, or 
        be matched with in-kind contributions of the same value.
          ``(2) No-cost match advertising direct relationship 
        requirement.--The Director shall ensure that at least 70 
        percent of no-cost match advertising provided directly relates 
        to substance abuse prevention consistent with the specific 
        purposes of the national media campaign, except that in any 
        fiscal year in which less than $125,000,000 is appropriated to 
        the national media campaign, the Director shall ensure that at 
        least 85 percent of no-cost match advertising directly relates 
        to substance abuse prevention consistent with the specific 
        purposes of the national media campaign.
          ``(3) No-cost match advertising not directly related.--The 
        Director shall ensure that no-cost match advertising that does 
        not directly relate to substance abuse prevention consistent 
        with the purposes of the national media campaign includes a 
        clear antidrug message. Such message is not required to be the 
        primary message of the match advertising.
  ``(g) Financial and Performance Accountability.--The Director shall 
cause to be performed--
          ``(1) audits and reviews of costs of the national media 
        campaign pursuant to section 304C of the Federal Property and 
        Administrative Services Act of 1949 (41 U.S.C. 254d); and
          ``(2) an audit to determine whether the costs of the national 
        media campaign are allowable under section 306 of such Act (41 
        U.S.C. 256).
  ``(h) Report to Congress.--The Director shall submit on an annual 
basis a report to Congress that describes--
          ``(1) the strategy of the national media campaign and whether 
        specific objectives of the media campaign were accomplished;
          ``(2) steps taken to ensure that the national media campaign 
        operates in an effective and efficient manner consistent with 
        the overall strategy and focus of the national media campaign;
          ``(3) plans to purchase advertising time and space;
          ``(4) policies and practices implemented to ensure that 
        Federal funds are used responsibly to purchase advertising time 
        and space and eliminate the potential for waste, fraud, and 
        abuse; and
          ``(5) all contracts entered into with a corporation, 
        partnership, or individual working on behalf of the national 
        media campaign.
  ``(i) Local Target Requirement.--The Director shall, to the maximum 
extent feasible, use amounts made available under this section for 
media that focuses on, or includes specific information on, prevention 
or treatment resources for consumers within specific local areas.
  ``(j) Prevention of Marijuana Use.--
          ``(1) Findings.--The Congress finds the following:
                  ``(A) 60 percent of adolescent admissions for drug 
                treatment are based on marijuana use.
                  ``(B) Potency levels of contemporary marijuana, 
                particularly hydroponically grown marijuana, are 
                significantly higher than in the past, rising from 
                under 1 percent of THC in the mid-1970s to as high as 
                30 percent today.
                  ``(C) Contemporary research has demonstrated that 
                youths smoking marijuana early in life may be up to 
                five times more likely to use hard drugs.
                  ``(D) Contemporary research has demonstrated clear 
                detrimental effects in adolescent educational 
                achievement resulting from marijuana use.
                  ``(E) Contemporary research has demonstrated clear 
                detrimental effects in adolescent brain development 
                resulting from marijuana use.
                  ``(F) An estimated 9,000,000 Americans a year drive 
                while under the influence of illegal drugs, including 
                marijuana.
                  ``(G) Marijuana smoke contains 50 to 70 percent more 
                of certain cancer causing chemicals than tobacco smoke.
                  ``(H) Teens who use marijuana are up to four times 
                more likely to have a teen pregnancy than teens who 
                have not.
                  ``(I) Federal law enforcement agencies have 
                identified clear links suggesting that trade in 
                hydroponic marijuana facilitates trade by criminal 
                organizations in hard drugs, including heroin.
                  ``(J) Federal law enforcement agencies have 
                identified possible links between trade in cannabis 
                products and financing for terrorist organizations.
          ``(2) Emphasis on prevention of youth marijuana use.--In 
        conducting advertising and activities otherwise authorized 
        under this section, the Director may emphasize prevention of 
        youth marijuana use.
  ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated to the Office to carry out this section, $195,000,000 for 
each of fiscal years 2006 and 2007 and $210,000,000 for each of fiscal 
years 2008 through 2010.''.
  (b) Repeal of Superseded Provisions.--The Drug-Free Media Campaign 
Act of 1998 (21 U.S.C. 1801 et seq.) is repealed.

SEC. 113. DRUG INTERDICTION.

  (a) In General.--Subsections (a) and (b) of section 711 (21 U.S.C. 
1710) are amended to read as follows:
  ``(a) United States Interdiction Coordinator.--
          ``(1) In general.--The Deputy Director for Supply Reduction 
        in the Office shall serve as the United States Interdiction 
        Coordinator, and shall perform the duties of that position 
        described in paragraph (2) and such other duties as may be 
        determined by the Director with respect to coordination of 
        efforts to interdict illicit drugs from entering the United 
        States.
          ``(2) Responsibilities.--The United States Interdiction 
        Coordinator shall be responsible to the Director for--
                  ``(A) coordinating the interdiction activities of the 
                National Drug Control Program agencies to ensure 
                consistency with the National Drug Control Strategy;
                  ``(B) on behalf of the Director, developing and 
                issuing, on or before March 1 of each year and in 
                accordance with paragraph (3), a National Interdiction 
                Command and Control Plan to ensure the coordination and 
                consistency described in subparagraph (A);
                  ``(C) assessing the sufficiency of assets committed 
                to illicit drug interdiction by the relevant National 
                Drug Control Program agencies; and
                  ``(D) advising the Director on the efforts of each 
                National Drug Control Program agency to implement the 
                National Interdiction Command and Control Plan.
          ``(3) Staff.--The Director shall assign such permanent staff 
        of the Office as he considers appropriate to assist the United 
        States Interdiction Coordinator to carry out the 
        responsibilities described in paragraph (2), and may also, at 
        his discretion, request that appropriate National Drug Control 
        Program agencies detail or assign staff to the Office of Supply 
        Reduction for that purpose.
          ``(4) National interdiction command and control plan.--
                  ``(A) Purposes.--The National Interdiction Command 
                and Control Plan shall--
                          ``(i) set forth the Government's strategy for 
                        drug interdiction;
                          ``(ii) state the specific roles and 
                        responsibilities of the relevant National Drug 
                        Control Program agencies for implementing that 
                        strategy; and
                          ``(iii) identify the specific resources 
                        required to enable the relevant National Drug 
                        Control Program agencies to implement that 
                        strategy.
                  ``(B) Consultation with other agencies.--The United 
                States Interdiction Coordinator shall issue the 
                National Interdiction Command and Control Plan in 
                consultation with the other members of the Interdiction 
                Committee described in subsection (b).
                  ``(C) Limitation.--The National Interdiction Command 
                and Control Plan shall not change existing agency 
                authorities or the laws governing interagency 
                relationships, but may include recommendations about 
                changes to such authorities or laws.
                  ``(D) Report to congress.--On or before March 1 of 
                each year, the United States Interdiction Coordinator 
                shall provide a report on behalf of the Director to the 
                appropriate congressional committees, to the Committee 
                on Armed Services and the Committee on Homeland 
                Security of the House of Representatives, and to the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on Armed Services of the Senate, 
                which shall include--
                          ``(i) a copy of that year's National 
                        Interdiction Command and Control Plan;
                          ``(ii) information for the previous 10 years 
                        regarding the number and type of seizures of 
                        drugs by each National Drug Control Program 
                        agency conducting drug interdiction activities, 
                        as well as statistical information on the 
                        geographic areas of such seizures; and
                          ``(iii) information for the previous 10 years 
                        regarding the number of air and maritime patrol 
                        hours undertaken by each National Drug Control 
                        Program agency conducting drug interdiction 
                        activities, as well as statistical information 
                        on the geographic areas in which such patrol 
                        hours took place.
                  ``(E) Treatment of classified or law enforcement 
                sensitive information.--Any content of the report 
                described in subparagraph (D) that involves information 
                classified under criteria established by an Executive 
                order, or the public disclosure of which, as determined 
                by the United States Interdiction Coordinator or the 
                head of any relevant National Drug Control Program 
                agency, would be detrimental to the law enforcement or 
                national security activities of any Federal, State, or 
                local agency, shall be presented to Congress separately 
                from the rest of the plan.
  ``(b) Interdiction Committee.--
          ``(1) In general.--The Interdiction Committee shall meet to--
                  ``(A) discuss and resolve issues related to the 
                coordination, oversight and integration of 
                international, border, and domestic drug interdiction 
                efforts in support of the National Drug Control 
                Strategy;
                  ``(B) review the annual National Interdiction Command 
                and Control Plan, and provide advice to the Director 
                and the United States Interdiction Coordinator 
                concerning that plan; and
                  ``(C) provide such other advice to the Director 
                concerning drug interdiction strategy and policies as 
                the committee determines is appropriate.
          ``(2) Membership.--The membership of the Interdiction 
        Committee shall consist of--
                  ``(A) the Commissioner of the bureau of Customs and 
                Border Protection at the Department of Homeland 
                Security;
                  ``(B) the Assistant Secretary of the bureau of 
                Immigration and Customs Enforcement at the Department 
                of Homeland Security;
                  ``(C) the Commandant of the United States Coast 
                Guard;
                  ``(D) the Director of the Office of Counternarcotics 
                Enforcement at the Department of Homeland Security;
                  ``(E) the Administrator of the Drug Enforcement 
                Administration;
                  ``(F) the Assistant Secretary of State for 
                International Narcotics and Law Enforcement Affairs;
                  ``(G) the Assistant Secretary of Defense for Special 
                Operations and Low Intensity Conflict;
                  ``(H) the Deputy Director for Supply Reduction of the 
                Office of National Drug Control Policy, acting in his 
                role as the United States Interdiction Coordinator;
                  ``(I) the director of the Crime and Narcotics Center 
                of the Central Intelligence Agency;
                  ``(J) the Deputy Director for State and Local Affairs 
                of the Office of National Drug Control Policy;
                  ``(K) the Chief of the National Guard Bureau's 
                Counterdrug Program; and
                  ``(L) such additional persons as may be determined by 
                the Director.
          ``(3) Chairman.--The Director shall designate one of the 
        members of the Interdiction Committee to serve as chairman.
          ``(4) Meetings.--The members of the Interdiction Committee 
        shall meet, in person and not through any delegate or 
        representative, at least once per calendar year, prior to March 
        1. At the call of either the Director or the current chairman, 
        the Interdiction Committee may hold additional meetings, which 
        shall be attended by the members either in person, or through 
        such delegates or representatives as they may choose.
          ``(5) Report.--Not later than September 30 of each year, the 
        chairman of the Interdiction Committee shall submit a report to 
        the Director and to the appropriate congressional committees 
        describing the results of the meetings and any significant 
        findings of the Committee during the previous 12 months. Any 
        content of such a report that involves information classified 
        under criteria established by an Executive order, or whose 
        public disclosure, as determined by the Director, the chairman, 
        or any member, would be detrimental to the law enforcement or 
        national security activities of any Federal, State, or local 
        agency, shall be presented to Congress separately from the rest 
        of the report.''.
  (b) Conforming Amendment to Homeland Security Act of 2002.--Section 
878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended--
          (1) in subsection (c), by striking ``Except as provided in 
        subsection (d), the'' and inserting ``The''; and
          (2) by striking subsection (d) and redesignating subsections 
        (e), (f), and (g) as subsections (d), (e), and (f), 
        respectively.

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

  Section 714 (21 U.S.C. 1711) is amended--
          (1) by striking ``title,'' and inserting ``title, except 
        activities for which amounts are otherwise specifically 
        authorized by this title,''; and
          (2) by striking ``1999 through 2003'' and inserting ``2006 
        through 2010''.

SEC. 115. TECHNICAL AMENDMENTS AND REPEAL.

  (a) Amendment to Public Health Service Act to Replace Obsolete 
References.--Section 464P(c) of the Public Health Service Act (42 
U.S.C. 285o-4(c)) is amended--
          (1) in paragraph (1), by striking ``under section 1002 of the 
        Anti-Drug Abuse Act of 1988 (21 U.S.C. 1501)'' and inserting 
        ``under section 703 of the Office of National Drug Control 
        Policy Reauthorization Act of 1998 (21 U.S.C. 1702)''; and
          (2) in paragraph (2), by striking ``under section 1005 of the 
        Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504)'' and inserting 
        ``under section 706 of the Office of National Drug Control 
        Policy Reauthorization Act of 1998 (21 U.S.C. 1705)''.
  (b) Repeal of Special Forfeiture Fund.--Section 6073 of the Asset 
Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is repealed.

SEC. 116. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF ALL 
                    FEDERAL ADVERTISING OR OTHER COMMUNICATION 
                    MATERIALS.

  Section 712 is amended to read as follows:

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

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

SEC. 117. POLICY RELATING TO SYRINGE EXCHANGE PROGRAMS.

  Section 703(a) (21 U.S.C. 1702(a)) is amended by adding at the end 
the following:
``When developing the national drug control policy, any policy of the 
Director relating to syringe exchange programs for intravenous drug 
users shall be based on the best available medical and scientific 
evidence regarding their effectiveness in promoting individual health 
and preventing the spread of infectious disease, and their impact on 
drug addiction and use. In making any policy relating to syringe 
exchange programs, the Director shall consult with the National 
Institutes of Health and the National Academy of Sciences.''.

                   TITLE II--CLEAN SPORTS ACT OF 2005

SEC. 201. ADDITION OF MINIMUM DRUG TESTING STANDARDS TO OFFICE OF 
                    NATIONAL DRUG CONTROL POLICY ACT.

  (a) Amendment.--The Office of National Drug Control Policy 
Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 et 
seq.) is amended--
          (1) by inserting before section 701 the following:

      ``Subtitle A--Office of National Drug Control Policy''; and

          (2) by adding at the end the following new subtitle:

                 ``Subtitle B--Clean Sports Act of 2005

``SEC. 721. SHORT TITLE.

  ``This subtitle may be cited as the `Clean Sports Act of 2005'.

``SEC. 722. FINDINGS AND PURPOSE.

  ``(a) Findings.--Congress finds the following:
          ``(1) The use of anabolic steroids and other performance-
        enhancing substances by minors is a public health problem of 
        national significance.
          ``(2) Experts estimate that over 500,000 teenagers have used 
        performance-enhancing substances, which medical experts warn 
        can cause a litany of health problems for individuals who take 
        them, in particular children and teenagers.
          ``(3) The adverse health effects caused by steroids and other 
        performance-enhancing substances include stunted growth, 
        scarring acne, hair loss, dramatic mood swings, hormonal and 
        metabolic imbalances, liver damage, a higher risk of heart 
        disease and stroke later in life, as well as an increased 
        propensity to demonstrate aggressive behavior, commit suicide, 
        and commit crimes.
          ``(4) Professional athletes are role models for young 
        athletes and influence the behavior of children and teenagers.
          ``(5) Congressional testimony by parents of minors who used 
        performance enhancing drugs, as well as medical and health 
        experts, indicates that the actual or alleged use of 
        performance-enhancing substances by professional athletes 
        results in the increased use of these substances by children 
        and teenagers.
          ``(6) Surveys and studies suggest a connection between the 
        actual or alleged use of performance-enhancing substances by 
        college and professional athletes and the increased use of 
        these substances by children and teenagers.
          ``(7) The real or perceived tolerance of the use of 
        performance-enhancing substances by professional athletes has 
        resulted in both increased pressure on children and teenagers 
        to use performance-enhancing drugs in order to advance their 
        athletic careers and to professional sports loss of integrity.
          ``(8) The adoption by professional sports leagues of strong 
        policies to eliminate the use of performance-enhancing 
        substances would result in the reduced use of these substances 
        by children and teenagers.
          ``(9) Minimum drug testing standards for professional sports 
        established by Federal law would ensure the adoption of strong 
        policies to eliminate the use of performance-enhancing 
        substances in professional sports.
          ``(10) Minimum drug testing standards for professional sports 
        established by Federal law would help return integrity to 
        professional sports.
          ``(11) Congress has for several years expressed a strong 
        interest in the problem of the role of performance-enhancing 
        drugs in professional sports and other levels of sports.
          ``(12) Congress has for several years regulated the use of 
        anabolic steroids and other performance-enhancing substances.
          ``(13) Recent Federal laws regulating the use of anabolic 
        steroids and other performance-enhancing substances were 
        enacted in large part to reduce the prevalence of these 
        substances in sports.
          ``(14) Congress has for several years regulated both 
        professional and amateur sports.
  ``(b) Purpose.--The purpose of this subtitle is to protect the 
integrity of professional sports and the health and safety of athletes 
generally by establishing minimum standards for the testing of steroids 
and other performance-enhancing substances by professional sports 
leagues.

``SEC. 723. DEFINITIONS.

  ``In this subtitle:
          ``(1) Anti-doping code.--The term `anti-doping code' means 
        the doping control standards established in the United States 
        Anti-Doping Agency Protocol for Olympic Movement Testing 
        (excluding substances or methods prohibited in a particular 
        sport, as defined in such protocol).
          ``(2) Commission.--The term `Commission' means the Federal 
        Trade Commission.
          ``(3) Director.--The term `Director' means the Director of 
        the Office of National Drug Control Policy.
          ``(4) Major professional league.--The term `major 
        professional league' means Major League Baseball, the National 
        Basketball Association, the National Football League, and the 
        National Hockey League or any successor organization to those 
        leagues.
          ``(5) Off-season.--The term `off-season' means the period of 
        time in each calendar year outside of the season of play for 
        each major professional league.
          ``(6) Professional athlete.--The term `professional athlete' 
        means an individual who competes in a major professional 
        league.
          ``(7) Professional game.--The term `professional game' means 
        any game held in the United States between any professional 
        teams of a major professional league.
          ``(8) Prohibited method or substance.--
                  ``(A) Prohibited method.--The term `prohibited 
                method' means a method listed and described in the 
                Anti-Doping Code.
                  ``(B) Prohibited substance.--The term `prohibited 
                substance' means a substance listed and described in 
                the Anti-Doping Code.
                  ``(C) Period of prohibition.--A substance prohibited 
                in-competition by the Anti-Doping Code shall be a 
                prohibited substance only during the season of play. 
                Only a substance or method prohibited out-of-
                competition by the Anti-Doping Code shall be a 
                prohibited substance or method during the off-season.
          ``(9) Season of play.--
                  ``(A) In general.--The term `season of play' for each 
                major professional league means the period of time in 
                each calendar year beginning with the date on which 
                professional athletes of that major professional league 
                are collectively obligated to report to their teams in 
                preparation for play and ending with the last game of 
                the major professional league's regular season.
                  ``(B) Post-season.--The season of play shall include 
                post-season play for an athlete who is a member of a 
                team that remains active in post-season play.

``SEC. 724. MINIMUM UNIFORM TESTING STANDARDS.

  ``(a) Conduct Prohibited.--It shall be unlawful for a major 
professional league to arrange, promote, organize, or produce a 
professional game without meeting the requirements in subsection (b).
  ``(b) Minimum Testing Requirements.--Each major professional league 
shall implement policies and procedures for the testing of the use of 
prohibited substances by professional athletes who compete in each 
respective major professional league which shall be independently 
administered and shall be consistent with and as stringent as the 
doping control standard established by the United States Anti-Doping 
Agency, and which shall, at minimum, include the following:
          ``(1) Timing and frequency of testing.--
                  ``(A) In general.--Each professional athlete shall be 
                tested a minimum of 5 times each calendar year that 
                such athlete is competing in games organized by the 
                major professional league.
                  ``(B) Timing.--Each athlete shall be tested--
                          ``(i) at least 3 times, each with no advance 
                        notice, during each season of play; and
                          ``(ii) at least 2 times, each with no advance 
                        notice, during the off-season.
          ``(2) Test distribution planning.--Each major professional 
        league shall certify to the Director on or prior to December 31 
        of each year that it has consulted with the United States Anti-
        Doping Agency in the development of its test distribution plan 
        for both season of play and off-season testing.
          ``(3) Method of testing.--Each major professional league 
        shall certify to the Director on or prior to December 31 of 
        each year that it has consulted with the United States Anti-
        Doping Agency in the development of its drug testing protocols 
        for both season of play and off-season testing.
          ``(4) Applicable substances.--Each professional athlete shall 
        be tested for all prohibited substances at the time of each 
        test. A major professional league may make exceptions for any 
        prohibited substances that have been properly prescribed by a 
        doctor of medicine licensed in the United States for legitimate 
        and documented therapeutic purposes.
          ``(5) Analysis of sample.--Each sample provided shall be 
        analyzed by a laboratory approved by the United States Anti-
        Doping Agency.
          ``(6) Positive tests.--
                  ``(A) In general.--A positive test shall consist of 
                the presence in the sample of any prohibited substance 
                or its metabolites or markers, or evidence of the use 
                of a prohibited method, unless that substance was 
                prescribed to the athlete in accordance with paragraph 
                (4).
                  ``(B) Refusal.--A refusal by a professional athlete 
                to submit to a test or a failure of a professional 
                athlete to submit to a test without compelling 
                justification shall also be considered a positive test.
          ``(7) Penalties.--
                  ``(A) General rule.--
                          ``(i) First violation.--Except as provided in 
                        subparagraph (B), a professional athlete who 
                        tests positive shall be immediately suspended 
                        for a minimum of 2 years for a first violation. 
                        All suspensions shall include a loss of pay for 
                        the period of the suspension.
                          ``(ii) Second violation.--A second violation 
                        shall result in a lifetime ban of the 
                        professional athlete from all major 
                        professional leagues.
                  ``(B) Exceptions.--
                          ``(i) Knowledge of the athlete.--A major 
                        professional league may impose a lesser penalty 
                        than provided in subparagraph (A) or no penalty 
                        if the professional athlete establishes that he 
                        did not know or suspect, and could not 
                        reasonably have known or suspected even with 
                        the exercise of utmost caution, that he had 
                        used the prohibited substance.
                          ``(ii) Assistance in identifying 
                        violations.--A major professional league may 
                        impose a lesser penalty than provided in 
                        subparagraph (A) if the professional athlete 
                        provides substantial assistance to the major 
                        professional league in identifying violations 
                        of the league's drug testing policy by other 
                        professional athletes or assistance in 
                        violations of the league's drug testing policy 
                        by any coach, trainer, manager, agent, team 
                        staff, official, medical, or other personnel 
                        working with or treating professional athletes 
                        participating in or preparing for sports 
                        competition.
          ``(8) Adjudication.--
                  ``(A) Consultation.--Each major professional league 
                shall certify to the Director on or prior to December 
                31 of each year that it has consulted with the United 
                States Anti-Doping Agency in the development of its 
                adjudication process.
                  ``(B) Due process.--If a professional athlete tests 
                positive, the professional athlete shall have the right 
                to notice, a fair, timely, and expedited hearing, 
                representation by counsel and appeal.
                  ``(C) Suspension.--During the pendency of any 
                proceedings the professional athlete shall be suspended 
                from participating in any professional game.
          ``(9) Public disclosure.--
                  ``(A) Testing.--A major professional league shall 
                publicly disclose the identity of any professional 
                player who has tested positive as well as the 
                prohibited substance or prohibited method for which he 
                tested positive not later than 30 days after receiving 
                the test results.
                  ``(B) Penalty.--A major professional league shall 
                publicly disclose the name of any penalized athlete, 
                the penalty imposed, the substance for which the player 
                tested positive, and the reason for the penalty not 
                later than 15 days after the final disposition of the 
                player's case.

``SEC. 725. PROMULGATION OF STANDARDS BY THE DIRECTOR OF THE OFFICE OF 
                    NATIONAL DRUG CONTROL POLICY.

  ``(a) In General.--The Director shall have the authority to 
promulgate standards that would modify the provisions of section 724 as 
they apply to an individual major professional league for exceptional 
circumstances or for other good cause.
  ``(b) Effectiveness Maintained.--A modification under subsection (a) 
shall not--
          ``(1) reduce the effectiveness of the standards in 
        eliminating the use of steroids or other performance-enhancing 
        substances in any major professional league; or
          ``(2) diminish the leadership role of the United States in 
        eliminating the use of steroids or other performance-enhancing 
        substances in sports.
  ``(c) Inclusion of Additional Leagues.--The Director may include an 
additional professional sporting league or the colleges and athletes 
participating in Division I or Division II of the NCAA as a major 
professional league if the Director determines that such additions 
would prevent the use of performance-enhancing substances by high 
school, college, or professional athletes.
  ``(d) Delegation.--The Director may delegate the administration of 
this subtitle to any other appropriate agency of the Federal 
Government.

``SEC. 726. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

  ``(a) Unfair or Deceptive Acts or Practices.--A violation of section 
724 shall be treated as a violation of section 18 of the Federal Trade 
Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or 
practices.
  ``(b) Powers of Commission.--
          ``(1) In general.--The Commission shall issue and enforce the 
        regulations for the enforcement of section 724 in the same 
        manner, by the same means, and with the same jurisdiction, 
        powers, and duties as though all applicable terms and 
        provisions of the Federal Trade Commission Act (15 U.S.C. 41 et 
        seq.) were incorporated into and made a part of this subtitle. 
        Any person who violates such regulations shall be subject to 
        the penalties and entitled to the privileges and immunities 
        provided in that Act.
          ``(2) Enhanced penalty for violations.--Notwithstanding 
        subsection (a) and the Federal Trade Commission Act, in the 
        case of a person who violates section 724, the Commission may, 
        in its discretion, seek a civil penalty for such violation in 
        an amount, as determined by the Commission, of not more than 
        $1,000,000 for each violation of section 724.
          ``(3) General authority.--Nothing in this subtitle shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.

``SEC. 727. REPORTS TO CONGRESS.

  ``(a) First League Report.--
          ``(1) In general.--Not later than 6 months after completion 
        of a professional sports league's first season of play after 
        the effective date of this subtitle, each major professional 
        league shall transmit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Energy 
        and Commerce and the Committee on Government Reform of the 
        House of Representatives, a report on its testing policies and 
        procedures.
          ``(2) Contents.--The report required by this subsection shall 
        contain--
                  ``(A) a comparison of the major professional league's 
                testing policy (including its adjudication procedures) 
                to that of the United States Anti-Doping Agency, 
                emphasizing the differences between the policies and 
                the rationales for the differences; and
                  ``(B) aggregate data on the number of professional 
                players tested by the major professional league and the 
                prohibited substances detected in samples or prohibited 
                methods, including the number of tests conducted during 
                the season of play and during the off-season.
  ``(b) Biennial League Reports.--Each major professional league shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce and the Committee 
on Government Reform of the House of Representatives, on a biennial 
basis, a report containing the data and analysis required in subsection 
(a) for each of the 2 prior years.
  ``(c) ONDCP Report.--Not later than 1 year after the date of 
enactment of this subtitle, and subsequently thereafter as determined 
appropriate by the Director, the Director shall report to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce and the Committee on Government Reform 
of the House of Representatives, recommendations for improving any 
Federal law governing controlled substances as may be necessary for 
reducing the use of steroids and other performance-enhancing 
substances.

``SEC. 728. PROMULGATION OF STANDARDS BY UNITED STATES BOXING 
                    COMMISSION.

  ``Upon the later of 12 months after enactment of this subtitle or 12 
months after the establishment of the United States Boxing Commission 
pursuant to Federal law, that commission shall, in consultation with 
the Association of Boxing Commissions and the United States Anti-Doping 
Agency, promulgate uniform performance-enhancing substance testing 
standards for professional boxing that are consistent with section 724.

``SEC. 729. STUDY ON COLLEGE TESTING POLICIES AND PROCEDURES.

  ``(a) Study.--The Government Accountability Office shall conduct a 
study on the use of performance-enhancing substances by college 
athletes which shall examine the prohibited substance policies and 
testing procedures of intercollegiate athletic associations and college 
and university athletic departments.
  ``(b) Report.--
          ``(1) Submission to congress.--Not later than 1 year after 
        the date of enactment of this subtitle, the Government 
        Accountability Office shall transmit a report to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce and the Committee on 
        Government Reform of the House of Representatives.
          ``(2) Contents.--The report required by this subsection 
        shall--
                  ``(A) assess the adequacy of the testing policies and 
                procedures described in subsection (a) in detecting and 
                preventing the use of performance-enhancing substances; 
                and
                  ``(B) include recommendations to Congress regarding 
                expanding the application of the regulations issued 
                pursuant to this subtitle to such intercollegiate and 
                interscholastic athletic associations.

``SEC. 730. COMMISSION ON HIGH SCHOOL AND COLLEGIATE ATHLETICS.

  ``(a) Commission.--The Director shall establish a commission on high 
school and collegiate athletics.
  ``(b) Report.--Not later than 1 year after the date of enactment of 
this subtitle, the commission shall report to Congress--
          ``(1) findings on the use of steroids and other performance-
        enhancing substances in high school and collegiate sports; and
          ``(2) recommendations for reducing their use.

``SEC. 731. SENSE OF CONGRESS.

  ``It is the sense of Congress that--
          ``(1) professional sports leagues not regulated by this 
        subtitle should adhere to the drug testing standards 
        established in this subtitle;
          ``(2) all professional sports should implement policies and 
        procedures for the testing of the use of prohibited substances 
        or the detection of prohibited methods by professional athletes 
        that ensure that American professional sports leagues are world 
        leaders in the effort to keep steroids and other performance-
        enhancing drugs out of sports;
          ``(3) all professional sports should implement policies and 
        procedures that address the development of designer steroids 
        and emerging methods for doping, including gene doping, that 
        enhance sports performance, are potential or actual health 
        risks, and are contrary to the spirit of the sport; and
          ``(4) each major professional league should produce and 
        publicize public service announcements regarding the health and 
        safety consequences of steroids and other similar performance-
        enhancing substances on children and teenagers.

``SEC. 732. EFFECTIVE DATE.

  ``This subtitle shall take effect 1 year after the date of enactment 
of this subtitle.''.
  (b) Conforming Amendments.--The Office of National Drug Control 
Policy Reauthorization Act of 1998 (Public Law 105-277; 21 U.S.C. 1701 
et seq.) is further amended by striking ``title'' each place it appears 
and inserting ``subtitle''--
          (1) in section 701;
          (2) in section 702;
          (3) in section 703(b)(2);
          (4) in section 704(d)(1); and
          (5) in the first and second sentences of section 
        705(a)(2)(A).

                     Committee Statement and Views


                                PURPOSE

    The purpose of Title I of H.R. 2829, the ``Office of 
National Drug Control Policy Reauthorization Act of 2005'' is 
to reauthorize the Office of National Drug Control Policy 
(ONDCP) within the Executive Office of the President for five 
years, through the end of FY 2010. It also renews congressional 
authorization for national programs administered by ONDCP, 
including the National Youth Anti-Drug Media Campaign and the 
High Intensity Drug Trafficking Areas (HIDTA) program.
    Title II of H.R. 2829 enacts a new program to eliminate the 
use of illegal steroids in professional sports, the ``Clean 
Sports Act of 2005.'' Because of concerns about the societal 
impact of steroid use, the Committee launched an investigation 
into the steroid policies of professional, amateur, collegiate, 
and high school athletics. The Committee held several hearings 
on the topic of steroids and performance-enhancing drug use by 
professional athletes and young children and teenagers. 
Throughout the Committee's investigation it became clear that 
the use of those drugs by adolescents is a public health 
problem of national significance. Experts estimate that over 
half a million high school students have tried steroids and 
abused performance-enhancing drugs. The use of these drugs can 
have significant health impacts, especially in young children 
and teenagers.
    The Committee also found that professional athletes are 
role models for young athletes and influence the behavior of 
children and young teenagers. The real or perceived tolerance 
of the use of performance-enhancing substances by collegiate 
and professional athletes has resulted in increased acceptance 
of these drugs, and has increased pressure on children and 
teenagers to use performance-enhancing drugs in order to 
advance their athletic careers.
    The purpose of the Clean Sports Act is to protect the 
integrity of professional sports and the health and safety of 
athletes generally by establishing minimum standards for the 
testing of steroids and other performance-enhancing substances 
by professional sports leagues. The legislation aims to 
eliminate the use of performance-enhancing drugs in 
professional sports, and send a message to the young people of 
America: steroids are illegal, dangerous, and can be deadly. 
There is no place for these drugs in sports or for any other 
reason.
    The Committee believes that minimum drug testing standards 
should be part of a broader national drug control strategy. The 
Clean Sports Act of 2005 was placed directly within the Office 
of National Drug Control Policy Reauthorization Act because of 
the office's expertise in drug policy. The Act provides the 
Director with the responsibility and authority to promulgate 
standards to eliminate the use of performance-enhancing drugs 
in professional sports. The legislation also gives the Director 
the additional responsibility of reporting to Congress 
recommendations for improving any federal law regarding 
controlled substances. Having the ONDCP Director's office take 
the lead role in establishing and certifying uniform drug-
testing policies across sports is consistent with the 
Committee's investigative findings regarding public health 
education and national drug control policy.

                  BACKGROUND AND NEED FOR LEGISLATION

    The last authorization for the Office of National Drug 
Control Policy (ONDCP) expired on September 30, 2003. ONDCP's 
statutory mission is to guide the Nation's efforts to both 
reduce the use, manufacturing, and trafficking of illicit 
drugs, and to reduce the associated crime, violence, and health 
consequences of illegal drug use. Its Director serves as the 
President's principal adviser with respect to drug control 
policy development and program oversight.
    Congress established ONDCP through the Anti-Drug Abuse Act 
of 1988, and reauthorized it in 1993 and 1998. During the 108th 
Congress, the Committee approved, and the House subsequently 
passed, a reauthorization bill (H.R. 2086) in 2003. The Senate, 
however, did not act on its companion legislation, leaving the 
reauthorization process to be taken up again during the 109th 
Congress. Congress has, however, continued to appropriate funds 
for ONDCP and its programs.
    Since its inception, ONDCP has been the principal shaper, 
coordinator, and exponent of U.S. drug policies aimed at 
reducing the impact of drugs and the consequences of their 
abuse in our society and communities. ONDCP's Director advises 
the President on national and international drug control 
policies and strategies, formulates the National Drug Control 
Strategy, reviews and certifies the budgets of National Drug 
Control Program Agencies, and works to ensure the effective 
coordination of drug programs by the National Drug Control 
Program agencies.
    More popularly known as the ``Drug Czar,'' the ONDCP 
Director is vested with extremely broad authority to influence 
overall policy for the vast array of supply reduction, demand 
reduction, and law enforcement programs relating to drug 
control within the Federal Government. The Director also serves 
as the primary spokesperson on drug policy issues for the 
President. His authority is most notably manifested on an 
annual basis in two ways: certification of budget requests for 
Federal drug control agencies, and the issuance of the annual 
National Drug Control Strategy, which is required by statute.
    The Director reviews the annual budget requests for each 
Federal department and agency charged with implementing a 
Federal drug control program and is empowered to require 
funding levels and initiatives the Director believes are 
sufficient for those goals. Additionally, the National Drug 
Control Strategy is submitted to Congress annually to 
coordinate the Nation's anti-drug efforts and establish 
programs, budgets, and guidelines for cooperation among 
Federal, State, and local entities. The document contains a 
number of mandated statistics and assessments related to drug 
policy and serves as a strategic review of Federal programs by 
evaluating their coordination and effectiveness.
    ONDCP also administers approximately $500 million in 
programs, including the High Intensity Drug Trafficking Areas 
(HIDTA) program, which provides assistance for State andlocal 
law enforcement to work with Federal agencies to stop drug traffic in 
critical areas of the country impacting national drug traffic; the 
National Youth Anti-Drug Media Campaign that supports the airing of 
anti-drug television and print advertisements; the Drug-Free 
Communities grant program; and the Counter Drug Technology Assessment 
Center (CTAC).
    To carry out these responsibilities at a senior level, in 
addition to the Director, ONDCP also employs a Deputy Director 
of National Drug Control Policy and Deputy Directors for Demand 
Reduction, Supply Reduction, and State and Local Affairs, all 
of whom are appointed by the President with the advice and 
consent of the Senate. ONDCP has a total staff of approximately 
110 employees and an overall budget of approximately $523 
million.
    H.R. 2829 aims to provide the best possible support for the 
Administration and the ONDCP Director in implementing the 
Federal Government's anti-drug strategy. The bill authorizes 
the Office of National Drug Control Policy and related programs 
(including the High Intensity Drug Trafficking Areas Program, 
the National Youth Anti-Drug Media Campaign, and the 
Counterdrug Technology Assessment Center) for five years, 
through the end of fiscal year 2010.
    In order to improve the efficiency and efficacy of ONDCP, 
the bill reforms the reporting and structural requirements of 
previous law. The bill retains each of the key powers and 
authorities of the Director and the Office, most notably 
including authorities to review and set Federal agency budgets 
for drug control matters, to develop and issue the National 
Drug Control Strategy, and to coordinate Federal activities 
related to drug control. Significant reforms are also made to 
the major programs administered by ONDCP, to ensure that they 
remain effective, accountable, and dedicated to their core 
purposes.
    Fourteen years ago, anabolic steroids were added to the 
Controlled Substance Act as a Schedule III drug, making it 
illegal to possess or sell them without a valid prescription. 
Today, however, evidence strongly suggests that steroid use 
among teenagers--especially aspiring athletes--is a large and 
growing problem.
    Findings from Centers for Disease Control and Prevention 
surveys indicate that more than 500,000 high school students 
have tried steroids, nearly triple the number just ten years 
ago. A second survey, conducted in 2004 by the National 
Institute on Drug Abuse and the University of Michigan, found 
that over 40 percent of 12th graders described steroids as 
``fairly easy'' or ``very easy'' to get, and the perception 
among high school students that steroids are harmful has 
dropped from 71 percent in 1992 to 56 percent in 2004.
    Against this alarming backdrop, the Committee launched an 
investigation into steroid use in professional, amateur, 
collegiate, and high school athletics. In March, the Committee 
held its first hearing, focused on Major League Baseball's 
current steroid testing policy and its past efforts to combat 
steroid use. The Committee followed with a hearing, in April, 
on the National Football League's steroid policy. Immediately 
prior to this hearing, the League and the NFL Players 
Association agreed to several changes that strengthened its 
testing policy. In May, the Committee invited the National 
Basketball Association and its players union to testify on the 
league's drug testing policies. Following the Committee's three 
hearings on steroid use in men's professional sports, the 
Committee turned its focus to a growing and disturbing problem: 
the use of anabolic steroids by young girls, who appear to be 
turning to these drugs not only (or even primarily) to enhance 
their athletic ability, but as a means to improve their body 
image. In addition to the four hearings, the Committee received 
and reviewed detailed information on the drug testing policies 
for the National Hockey League, Major League Soccer, U.S. 
Soccer Federation, USA Cycling, USA Track & Field, and the 
Association of Tennis Professionals.
    Throughout the Committee's investigation, we have found a 
familiar theme: A culture of steroid use among professional 
athletes that, while troubling by itself, is also worrisome for 
its ``trickle down'' effect. In the absence of strong testing 
regimes, pro athletes use performance-enhancing drugs to stay 
ahead of the competition. This use by professional athletes 
legitimizes the use of performance enhancing drugs. As a 
result, college athletes feel pressured to use steroids to have 
a chance at a professional career, while high school athletes 
believe steroids are the ticket to improved performances that 
will attract the attention of scouts and college coaches and 
lead to a scholarship. All of these elements contribute to a 
cycle of substance abuse.
    The abuse of steroids and performance-enhancing drugs is a 
major public health crisis. Young lives continue to be 
destroyed or lost due to the illegal use of steroids. 
Legislation that requires tougher testing standards for 
performance-enhancing drugs will help slow the vicious cycle of 
steroid abuse and reduce this dangerous and deadly public 
health crisis.
    Witness testimony has highlighted the potential health 
risks associated with illicit steroid use by males and females, 
the pervasiveness of this problem, and the need for prevention 
programs targeting middle and high school-aged students who 
might use steroids for purposes of athletic excellence and/or 
aesthetic enhancement. Various studies indicate that steroid 
use has increased over the past several years among 
adolescents, women, and recreational athletes. Young adults in 
particular suffer devastating health consequences from steroid 
abuse. Anabolic steroid abuse has been associated with a 
variety of adverse side effects, both physical and 
psychological. Adverse side effects include, but are not 
limited to: acne; breast development in men; excessive body 
hair growth in women; infertility; liver cancer; increased 
cardiovascular risk; premature arrest of bone development, 
resulting in stunted growth; irritability; delusion; and 
depression. In spite of such adverse physical and psychological 
effects, teenagers and professional athletes continue to use 
steroids in order to excel in sports and/or enhance physical 
attractiveness.
    The Committee recognizes that legislation to guarantee 
minimum drug testing standards in professional sports is just 
one important component to a broad national drug control 
strategy. Adequate education and prevention programs are needed 
to address the problem of steroid abuse and more research and 
scientific evidence are needed to more accurately quantify its 
pervasiveness. Excelling in sports is achievable without 
usingsteroids and performance-enhancing drugs. Proper diet and 
exercise, including cardio and weight training, along with good overall 
mental and physical health will help athletes excel in sports.

                    COMMITTEE HEARINGS AND TESTIMONY

June 15, 2005, ``Office of National Drug Control Policy Reauthorization 
        Act of 2005''

    On June 15, 2005, the Subcommittee on Criminal Justice, 
Drug Policy and Human Resources held a hearing to consider H.R. 
2829, the ``Office of National Drug Control Policy 
Reauthorization Act of 2005.'' The Subcommittee heard testimony 
from ONDCP Director John Walters; Tom Carr of the National 
HIDTA Directors Association, and director of the Washington/
Baltimore High Intensity Drug Trafficking Area; and Stephen 
Pasierb, President of the Partnership for a Drug-Free America 
(which plays a major role in the work of the National Youth 
Anti-Drug Media Campaign). The hearing served as an opportunity 
for Members to discuss national drug control policy programs 
and the reauthorization legislation with the witnesses. In 
general, the witnesses were supportive of the bill and agreed 
with the improvements made to ensure that ONDCP programs are 
run in an efficient and effective manner. However, Director 
Walters did raise some concerns about certain changes made by 
H.R. 2829, due to policy differences.

February 10, 2005, ``Fiscal Year 2006 Drug Budget''

    The Subcommittee also held several hearings regarding 
ONDCP, its programs, and the national drug control strategy in 
general, prior to the introduction of H.R. 2829. On February 
10, 2005, the Subcommittee held a hearing on the 
Administration's fiscal year 2006 drug budget proposal, at 
which Director Walters and Dr. Peter Reuter, a drug policy 
researcher at the University of Maryland, testified. Among 
other things, Dr. Reuter testified as to what he viewed as the 
inadequacies of the current formulation of ONDCP's annual drug 
budget proposal, which leaves out many key drug control 
activities.

March 10, 2005, ``FY 2006 Drug Control Budget and the Byrne Grant, 
        HIDTA, and Other Law Enforcement Programs: Are We Jeopardizing 
        Federal, State and Local Cooperation?''

    On March 10, 2005, the Subcommittee held a hearing on the 
drug budget proposal's impact on State and local drug 
enforcement, focusing on the Administration's proposal to 
transfer the High Intensity Drug Trafficking Areas (HIDTA) 
program from ONDCP to the Department of Justice's Organized 
Crime Drug Enforcement Task Force (OCDETF) program. The hearing 
featured testimony from John Horton of ONDCP; Tracy A. Henke, 
Deputy Associate Attorney General for the Office of Justice 
Programs (OJP) at the U.S. Department of Justice; Catherine M. 
O'Neil, Associate Deputy Attorney General and Director of 
OCDETF; Ron Brooks, President of the National Narcotics 
Officer's Associations Coalition and Director of the Northern 
California HIDTA; Tom Carr, Director of the Washington-
Baltimore HIDTA; Tom Donahue, Director of the Chicago HIDTA; 
Chief Jack Harris of the Phoenix Police Dept. & Vice-Chair of 
the Southwest Border HIDTA; Leonard Hamm, Acting Baltimore 
Police Commissioner; Mark Henry, President of the Illinois Drug 
Enforcement Officer's Association; and Sheriff Jack L. Merritt 
of Greene County, Missouri. The Administration's witnesses 
attempted to defend the proposed transfer of the HIDTA program, 
but were unable to describe how the transfer would take place, 
or to identify any problems with any specific HIDTAs that would 
require such a dramatic shift. The various HIDTA directors and 
local law enforcement representatives all criticized the 
proposed transfer and testified that the HIDTA program should 
remain at ONDCP.

April 26, 2005, ``Drug Prevention Programs and the Fiscal Year 2006 
        Drug Control Budget: Is the Federal Government Neglecting 
        Illegal Drug Use Prevention?''

    On April 26, 2005, the Subcommittee held a hearing on the 
drug budget proposal's impact on drug use prevention programs. 
Much of the testimony and questioning focused on the role and 
functioning of the National Youth Anti-Drug Media Campaign. 
Though the Subcommittee invited ONDCP to send a representative 
to testify at the hearing, ONDCP declined to do so. The 
Subcommittee did hear testimony from, among others, Stephen 
Pasierb, President of the Partnership for a Drug-Free America, 
and General Arthur T. Dean (ret.), Chairman and CEO of 
Community Anti-Drug Coalitions of America (CADCA). Mr. Pasierb, 
in particular, testified as to the efficacy and necessity of 
the Media Campaign, but supported defining a clearer role for 
the Partnership for a Drug-Free America in the program's 
implementation.
    During the 108th Congress, the Committee and the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources held numerous hearings on H.R. 2086 (the ``Office of 
National Drug Control Policy Reauthorization Act of 2003''), as 
well as the HIDTA, CTAC, and Media Campaign programs.
    As a result of concerns about societal impact of steroid 
use, the Committee in early 2005 launched an investigation into 
the steroid policies of professional, amateur, collegiate, and 
high school athletics. On March 17, 2005, the Committee held 
its first hearing, entitled ``Restoring Faith in America's 
Pastime: Evaluating Major League Baseball's Efforts to 
Eradicate Steroid Use.'' The Committee's second hearing, 
``Steroid Use in Sports, Part II: Examining the National 
Football League's Policy on Anabolic Steroids and Related 
Substances'' was held on April 27, 2005. The third hearing, 
``Steroid Use in Sports, Part III: Examining the National 
Basketball Association's Steroid Testing Program'' took place 
on May 19, 2005.
    In addition to the three hearings, the Committee has sent 
letters to the National Hockey League, Major League Soccer, 
U.S. Soccer Federation, USA Cycling, USA Track & Field, and the 
Association of Tennis Professionals requesting information 
regarding their steroid policies. This information was reviewed 
in detail by the Committee. The Committee's most recent 
hearing, ``Eradicating Steroid Use, Part IV: Examining the Use 
of Steroids by Young Women to Enhance Athletic Performance and 
Body Image,'' was held on June 15, 2005.
    On May 24, 2005, Chairman Davis, Ranking Member Waxman and 
Senator McCain introduced the ``Clean Sports Act of 2005,'' 
legislation, H.R. 2565, to strengthen testingprocedures and 
toughen penalties for the use of performance-enhancing drugs in the 
four major American sports. This legislation followed Committee 
hearings held on Major League Baseball, the National Football League, 
and National Basketball Association policies. On May 26, 2005, the 
Committee met in open session to consider H.R. 2565 and favorably 
approved the bill by voice vote. Then on June 16, 2005, the Committee 
met in open session to consider H.R. 2829, the Office of National Drug 
Control Policy Reauthorization Act of 2005. Mr. Souder offered an 
amendment in the nature of a substitute to H.R 2829 which included the 
Clean Sports Act as a subtitle. The Committee approved the amendment by 
voice vote.

March 17, 2005, ``Restoring Faith in America's Pastime: Evaluating 
        Major League Baseball's Efforts to Eradicate Steroid Use''

    This hearing was the first in a series of hearings 
regarding steroid use in professional sports. The purpose of 
this hearing was to consider the extent of steroid use in Major 
League Baseball, the reason why this use occurred, and why 
baseball did little to eliminate it. The hearing also examined 
the new drug policy recently negotiated between the league and 
the MLB Players Association (MLBPA); how the testing policy 
would be implemented; and how it would effectively address the 
use of prohibited drugs by players. On March 16, 2005, the day 
before the hearing, the Committee sent a letter to MLB and 
MLBPA outlining numerous significant problems with the existing 
policy: weak penalties for violations; inadequate coverage of 
many performance-enhancing drugs; lack of independence; an 
``anti-oversight'' clause that called for testing to be stopped 
in the event of a government investigation, and protocols that 
allowed players to leave the room unsupervised during the 
testing process. The Committee heard testimony from current and 
former players, MLB and the MLBPA, parents of teenagers who 
abused steroids, and medical experts.
    Witnesses included: The Honorable Jim Bunning, Senator from 
the State of Kentucky; Mr. Raymond and Dr. Denise Garibaldi, 
Parents of former USC baseball player, Rob Garibaldi, who 
committed suicide after steroid use; Mr. Donald Hooton, 
Director, Chairman, and President of Taylor Hooton Foundation, 
and father of high school baseball player, Taylor Hooton, who 
committed suicide after steroid use; Dr. Nora D. Volkow, 
Director, National Institute on Drug Abuse, National Institutes 
of Health; Dr. Gary Wadler, Associate Professor of Clinical 
Medicine, New York University School of Medicine; Dr. Kirk 
Brower, Associate Professor of Psychiatry, University of 
Michigan Medical School, and Executive Director, Chelsea Arbor 
Addiction Treatment Center; Dr. Elliott Pellman, Medical 
Advisor to MLB; Mr. Jose Conseco, former Oakland Athletic and 
Texas Ranger; Mr. Sammy Sosa, current Baltimore Oriole and 
former Chicago Cub; Mr. Mark McGwire, former Oakland Athletic 
and St. Louis Cardinal; Mr. Rafael Palmeiro, current Baltimore 
Oriole and former Texas Ranger; Mr. Curt Schilling, current 
Boston Red Sox; Mr. Frank Thomas, current Chicago White Sox; 
Mr. Allan H. Selig, MLB Commissioner; Mr. Robert Dr. Manfred, 
Jr., Executive Vice President of Labor and Human Resources, 
MLB; Mr. Donald Fehr, Executive Director and General Counsel, 
MLBPA; Mr. Sandy Alderson, Executive Vice President of Baseball 
Operations, MLB and former General Manager, Oakland Athletics; 
and Mr. Kevin Towers, General Manager, San Diego Padres.
    The hearing examined the reality of steroid use in MLB from 
the 1980s until the present, and analyzed MLB's new drug 
testing policy, examining its strengths, weaknesses, and 
implementation.
    Additionally, testimony from witnesses shed light on the 
sometimes tragic results of steroid use by high school and 
college athletes, and provided the Committee with direction for 
its investigation, the Zero Tolerance round tables, and future 
hearings.
    Following the March 17 hearing, Mr. Palmeiro, who had 
testified that he had ``never'' used steroids, was suspended 
under the MLB policy for testing positive for a banned steroid. 
As a result of this positive test, the Committee opened an 
investigation into whether Mr. Palmeiro's testimony should be 
referred to the Department of Justice for a possible perjury 
investigation. The investigation concluded that there was 
insufficient evidence to merit a perjury referral. (Committee 
on Government Reform, Report on Investigation into Rafael 
Palmeiro's March 17, 2005 Testimony Before the Committee on 
Government Reform, November 10, 2005, at www.house.gov/reform).
    On April 25, 2005, Commissioner Bud Selig sent a letter to 
MLBPA Executive Director, Don Fehr, proposing more stringent 
steroid and amphetamine testing standards and punishments for 
Major League baseball players. After months of negotiations, 
MLB and MLBPA reached an agreement that significantly improved 
baseball's performance-enhancing drug policy. The agreement 
strengthened penalties to 50 games for a first steroid offense, 
100 games for a second steroid offense, and a lifetime ban for 
a third steroid offense. The agreement also turns the 
administration of the program over to an independent entity 
and, for the first time, bans performance-enhancing 
amphetamines from Major League Baseball. This new policy 
addresses a number of the Committee's concerns about the 
weaknesses identified in the March 17 hearing.

April 27, 2005, ``Steroid Use in Sports Part II: Examining the National 
        Football League's Policy on Anabolic Steroids and Related 
        Substances''

    This hearing examined the use of performance enhancing 
drugs in the National Football League (NFL) and the league's 
testing program for steroids and other drugs. NFL Commissioner 
Paul Tagliabue and the NFL Players Association (NFLPA) 
Executive Director, Gene Upshaw, who testified at the hearing, 
announced improvements to their policy--more frequent testing, 
and improved coverage of ``designer steroids''--immediately 
prior to the hearing. The Committee also heard from several 
experts regarding flaws in the NFL policy, such as the failure 
to cover most amphetamines, and from high school football 
coaches and medical experts who developed education programs 
for teenagers to teach the importance of good personal health, 
nutrition, and strength training as tools to enhance 
athleticism.
    Witnesses included: Mr. Willie Stewart, Head Football 
Coach, Anacostia High School; Mr. Bobby Barnes, Head Football 
Coach, Buckeye Union High School; Mr. Steve Courson, former 
Pittsburgh Steeler and Tampa Bay Buccaneer; Dr. Linn Goldberg, 
Professor of Medicine, Oregon Health Sciences University; Dr. 
Gary Wadler, Associate Professor of Clinical Medicine, New York 
University School of Medicine; Dr. JohnLombardo, NFL Advisor on 
Anabolic Steroids and Related Substances; Dr. Bryan S. Finkle, NFL 
Consulting Toxicologist on Anabolic Steroids and Related Substances; 
Mr. Paul Tagliabue, NFL Commissioner; Mr. Harold Henderson, Executive 
Vice President for Labor Relations, NFL; and Mr. Gene Upshaw, Executive 
Director, NFLPA.

May 19, 2005, ``Steroid Use in Sports Part III: Examining the National 
        Basketball Association's Steroid Testing Program''

    The focus of this hearing was on the National Basketball 
Association (NBA) and the use of performance-enhancing drugs. 
After reviewing the NBA's drug policy, the Committee was 
compelled to evaluate how the testing policy is implemented and 
how effectively it addressed the use of prohibited drugs by 
players. Witnesses at the hearing included Mr. David Stern, NBA 
Commissioner; Mr. Richard Buchanan, Senior Vice President and 
General Counsel, NBA; Mr. William Hunter, Executive Director, 
National Basketball Players Association; Mr. Keith Jones, 
Athletic Trainer, Houston Rockets; and Juan Dixon, current 
Washington Wizard. The hearing examined the weaknesses in the 
NBA policy, and the extent to which the use of steroids or 
other performance-enhancing drugs was a potential problem in 
the NBA. Soon after the hearing, the NBA and NBPA announced 
that a new collective bargaining agreement had been reached. 
The new agreement contains a stricter performance-enhancing 
drug policy that includes, for the first time, random testing 
for all players, and tougher penalties for drug use.

June 15, 2005, ``Eradicating Steroid Use, Part IV: Examining the Use of 
        Steroids by Young Women to Enhance Athletic Performance and 
        Body Image''

    This important hearing considered steroid use by female 
athletes and young women who use steroids and other performing-
enhancing substances to improve athletic performance or because 
of concerns about their body image. The Committee heard 
testimony from several medical experts, most of whom believe 
steroid use by young women is a significant problem, and all of 
whom agreed that more research and scientific evidence are 
needed to quantify the extent of the problem, and to understand 
the reasons why young women take steroids and how to prevent 
this use.
    One witness, Dr. Diane Elliot, Professor of Medicine at 
Oregon Health and Science University, discussed her success 
with a prevention program called ATHENA--Athletes Targeting 
Healthy Exercise and Nutrition Alternatives--which is 
specifically designed for middle- and high-school-aged girls. 
Additional witnesses were female athletes, Kelli White, a 
former World Champion sprinter who has come clean about her 
decision to use steroids, and about her subsequent regrets, and 
Mari Holden, a world class cyclist, who discussed the pressures 
clean athletes face in competing in an environment where their 
rivals may be taking performance-enhancing drugs. Panel two 
witnesses included: Dr. Todd Schlifstein, Clinical Instructor, 
New York University School of Medicine; Dr. Harrison Pope, 
Professor of Psychiatry, McLean Hospital; Dr. Charles Yesalis, 
Professor of Health Policy and Administration, Penn State 
University; and Dr. Avery Faigenbaum, Professor of Health and 
Exercise Science, The College of New Jersey.

                  DESCRIPTION OF TITLE I OF H.R. 2829

I. Office of National Drug Control Policy Act of 2005

            A. Short title; Amendment of Office of National Drug 
                    Control Policy Act of 1998 (sections 101 and 102)
    The bill may be cited as the ``Office of National Drug 
Control Policy Reauthorization Act of 2005,'' and (unless 
otherwise indicated) it amends the Office of National Drug 
Control Policy Reauthorization Act of 1998 (Public Law 105-277; 
21 U.S.C. 1701 et seq).
            B. Repeal of termination provision (section 103)
    The 1998 Act contained a complete ``sunset provision'' that 
caused the Office and its programs technically to expire on 
September 30, 2003. In practice, however, the Office and its 
programs have continued to exist and function, as Congress 
appropriated funds for them for fiscal years 2004 and 2005. The 
Committee believes that, like other agencies and departments 
within the Federal Government, ONDCP should continue to be 
controlled by an existing statute even after its authorized 
appropriations have expired. This will ensure that, should 
Congress continue to fund the Office and its programs while 
deliberating about a new authorization bill, those 
appropriations will continue to be expended in accordance with 
the most recent Congressionally enacted statutes. The bill 
still limits authorized appropriations to five more fiscal 
years, from 2006 through 2010 (see Section 114).
            C. Amendments to definitions (section 104)
    The bill modifies definitions in current law of the terms 
``demand reduction,'' ``State and local affairs,'' and ``supply 
reduction'' as they relate to the Office of National Drug 
Control Policy. The definition of these terms also applies by 
extension to the defined duties of the Deputy Director for 
Demand Reduction, the Deputy Director for Supply Reduction, and 
the Deputy Director for State and Local Affairs under 21 U.S.C. 
1702(b)(3).
    ``Demand Reduction'' is defined to specifically include 
``interventions for drug abuse and dependence'' as well as 
``international drug control coordination and cooperation'' 
with respect to activities otherwise defined as related to 
demand reduction. This provision is intended to be strictly 
limited to matters otherwise defined as demand reduction and is 
not intended to modify the existing and primary responsibility 
of the Office of Supply Reduction for international matters. 
The Committee further notes its view that international 
coordination activities with respect to demand reduction should 
be primarily directed to assisting in reduction in demand 
within the United States.
    The current definition of ``National Drug Control Program'' 
is clarified to encompass any activities involving supply 
reduction, demand reduction, or State and local affairs (as 
such terms are defined in the statute). The Committee believes 
that this change is needed to make clear Congress' original 
intent that all such activities must be considered part of the 
National Drug Control Strategy, and as such are subject to the 
oversight and coordination responsibilities of the Director. 
Those responsibilities extend even toactivities that also have 
non-drug control aspects or purposes, but only to the extent that they 
involve drug control.
    ``State and local affairs'' is amended to include domestic 
law enforcement, including law enforcement directed at drug 
users. Such activities previously were defined as part of 
``supply reduction'' and are removed from that area in the 
bill. The Committee believes it is important to clarify that 
domestic law enforcement activities serve purposes and fulfill 
policy goals not limited to supply reduction. Moreover, the 
Office of State and Local Affairs by focus and the general 
experience of its staff is better suited to handle law 
enforcement matters than the Office of Supply Reduction. The 
Committee was informed by ONDCP that, in practice, such matters 
already are handled primarily by the Office of State and Local 
Affairs. At the request of ONDCP, the bill was amended to 
define ``domestic drug interdiction,'' i.e. the prevention of 
drug trafficking within the U.S., as a domestic law enforcement 
function.
    The newly added definition of ``law enforcement'' or ``drug 
law enforcement'' clarifies that drug law enforcement includes 
not simply investigation and arrest, but prosecution and 
incarceration or other punishment of drug offenders. Currently, 
the National Drug Control Strategy and the accompanying drug 
budget proposal do not address prosecution or punishment of 
drug traffickers. The Committee believes that these aspects of 
law enforcement are crucial, however, if the drug laws are to 
serve as a credible deterrent. The drug laws will not be 
effective if potential traffickers do not believe that they 
will face punishment for violating them. As such, it is vital 
that ONDCP oversee these aspects of drug control, and ensure 
that adequate resources are devoted to them.
            D. Amendments relating to establishment of Office of 
                    National Drug Control Policy and Designation of 
                    Officers (section 105)
    This section includes a requirement that the Director have 
the same ``rank and status'' as the heads of the executive 
departments. This is consistent with the 1998 Act, which 
assigned the Director to the same pay scale as the executive 
department heads. Although the Administration has raised 
concerns about whether this provision interferes with the 
authority of the President to define the membership of his 
Cabinet, the bill deliberately does not mention the Cabinet for 
that very reason. The Committee agrees that only the President 
can establish his Cabinet. Rather, this provision is designed 
to ensure that, if the Director were not part of a future 
President's Cabinet, the Director would still have a 
Congressional mandate enabling him to interact with the 
executive department heads as an equal. This is particularly 
important, as the Director is responsible for coordinating and 
overseeing the anti-drug policies of all the departments.
    Subsection (c) provides that the Deputy Director for Supply 
Reduction shall have substantial experience in actual drug 
interdiction operations (and not simply interdiction policy). 
This provision was added in response to concerns raised by 
ONDCP about the bill's direct assignment of the role of United 
States Interdiction Coordinator (USIC) to this Deputy. Although 
the Committee does not concur with ONDCP's suggestion that the 
USIC position be reassigned to the Commandant of the U.S. Coast 
Guard (as this would interfere with the authority and function 
of the Director of Counternarcotics Enforcement at the 
Department of Homeland Security), the Committee agrees with 
ONDCP that the USIC should have sufficient knowledge of, and 
direct, personal experience in, interdiction operations to 
enable him to understand those operations and advise the 
Director about them. Moreover, the Committee believes that the 
stature and effectiveness of this Deputy position could only be 
enhanced by such experience and knowledge.
            E. Amendments relating to appointment and duties of 
                    Director and Deputy Director (section 106)
    The existing authorities and duties of the Director of the 
Office of National Drug Control Policy have generally served as 
an effective tool in promoting interagency coordination of drug 
control policy and spending within the Executive Branch. The 
Committee accordingly has attempted to retain the current 
structure with only limited modifications intended to 
strengthen the authority of the Director. In particular, the 
Committee believes that the Director's authority to review and 
certify the budgets of national drug control program agencies 
is critical to ensuring the ability of the Office to plan and 
implement an effective national strategy.

1. Designation of other officers

    Subsection (a) clarifies that any officer and employee of 
the Office may be designated to serve as the acting Director. 
Previous law applied only to ``permanent employee[s]'' of the 
Office, failing to include senior politically appointed 
officers and employees who most logically would be designated 
for that purpose.

2. Responsibilities of Director

    Subsection (b) makes technical and conforming 
clarifications to current law, and also defines some new 
responsibilities of the Director. These new responsibilities 
reflect the Committee's belief that close coordination between 
ONDCP and State and local drug control agencies, as well as 
private individuals and organizations involved in demand 
reduction, is vital to the success of Federal drug control 
policy. These responsibilities also reflect the Committee's 
judgment that the Federal Government must focus attention and 
resources on local and regional drug trafficking and abuse 
threats. Although such local or regional threats may appear to 
be isolated, they can quickly spread to other parts of the 
country. (This is precisely what happened when the 
methamphetamine epidemic spread from the West Coast to 
virtually every State during the 1990's.) The Federal 
Government must take action to address and contain these local 
threats before they become widespread.
    ONDCP raised concerns about the scope of new paragraph 
(17), which calls for the Director to ``seek the support and 
commitment of State and local officials in the formulation and 
implementation of the National Drug Control Strategy.'' This 
provision does not require the Director actually to obtain such 
support and commitment, as the Committee is aware that the 
Director does not have the power to compel such support from 
non-Federal officials. Rather, this provision simply calls on 
the Director to use hisbest efforts to win the support and 
commitment of State and local officials, which the Committee believes 
are crucial for the success of the National Drug Control Strategy.

3. Submission of drug control budget requests, and national drug 
        control budget proposal

    Subsection (c) adds a new requirement to the drug budget 
process, that any drug budget request made by an agency include 
all drug control activities of that agency, including demand 
reduction, supply reduction, and State and local affairs. At 
present, the drug budget process excludes a number of 
significant drug control activities. ONDCP currently prefers to 
include only those activities that it deems have a ``primary'' 
drug control purpose, and that have a separate ``line item'' 
account in the President's budget.
    ONDCP has defended the current process as adequate and more 
manageable, but that process has been criticized both by some 
Members of Congress and drug policy analysts as incomplete and 
inconsistent. For example, ONDCP does not include the cost of 
prosecuting and incarcerating Federal drug traffickers in the 
drug control budget, but does include the cost of providing 
drug treatment to Federal prisoners--thus giving the impression 
that the Federal Bureau of Prisons' primary drug control 
activity is treatment.
    Moreover, the Director's obligation to certify the drug 
control budgets of the various departments (under 21 U.S.C. 
1703(c)(3)) is tied to the actual drug budget submissions of 
those departments. A drug budget process that limits the 
submissions to only those items with a separate ``line item'' 
could allow the Administration to remove much of the Federal 
Government's drug control spending from ONDCP review, simply by 
eliminating separate line items and merging some activities' 
accounts into other, more general accounts.
    Although no drug budget document is ever going to be 
perfectly precise, the Committee believes that if a budget is 
to err, it should err on the side of inclusiveness. Certainly 
the Administration should, whenever practical, attempt to 
identify specific line items in the budget dedicated to drug 
control activity. When that is not practical, however, the new 
provision in the bill requires the department involved to 
submit a documented calculation that estimates the proportion 
of an activity dedicated to drug control, and sets forth what 
the basis and method of the calculation is.
    The Committee believes that, if this bill is adopted and a 
revised drug budget is submitted next year, it would be 
appropriate for ONDCP to explain and reconcile the differences 
in the previous year's budget and the new budget. Because the 
methodologies will have changed, there may appear to be major 
``shifts'' from one year to the next, not based on any real 
movement of dollars, but rather because the new budget is more 
comprehensive.
    Subsection (d) adds language clarifying that the purpose of 
the drug budget is not simply to implement the Administration's 
drug policy, but also to inform the public about how much the 
Federal Government proposes to spend on drug control. At 
present, there is no such document to fulfill that purpose; 
ONDCP does periodically publish a report on the total cost of 
drug abuse to society, but that report is not specifically tied 
to the Federal Government's proposed budget.

4. Review and certification of National Drug Control Program budget

    As previously stated, the Director's budget certification 
authority is one of the cornerstones of the Office's ability to 
plan and implement an effective national drug control strategy. 
The Committee believes that it is appropriate in the exercise 
of Congressional authority relating to drug policy to set forth 
general criteria governing application of the budget 
certification authority, particularly where oversight has 
identified significant ongoing issues in allocation of funding 
and resources for drug control activities within the Executive 
Branch. These criteria are wholly consistent with the 
Director's duty to ensure the effectiveness of Federal drug 
control programs and Congressional intent that the Director use 
the tools provided in the bill to advocate drug control 
programs within the Executive Branch. The intention of the 
Committee in most respects is simply to ensure that the budgets 
of National Drug Control Program Agencies are reviewed under 
the stated criteria. The bill specifically reserves the 
discretion of the Director to determine the adequacy of agency 
budgets under the statutory criteria.
    A new subparagraph (C) is added to the certification 
mechanism (21 U.S.C. 1703(c)(3)) to prohibit certification of 
the adequacy of funding for Federal law enforcement activities 
that do not adequately compensate for transfers of drug 
enforcement resources and personnel to law enforcement and 
investigation. The Committee believes that questions of 
resource allocation are among the most significant contemporary 
challenges to drug control policy. Since the September 11, 2001 
attacks on the United States, Federal law enforcement agencies 
have in some respects significantly reduced the commitment to 
drug enforcement. The Federal Bureau of Investigation, for 
example, transferred 567 special agents away from drug 
enforcement to other duties related to counterterrorism. The 
United States Coast Guard has been forced to reduce patrol 
hours for narcotics interdiction and to make special assets 
originally developed for drug interdiction purposes (such as 
the HITRON armed helicopter program) available for homeland 
security needs. Similarly, the Office of Air and Marine 
Operations (AMO) of the legacy Customs Service (now part of the 
bureau of Customs and Border Protection) has been forced to 
reduce drug interdiction activity to provide airspace security 
protection in the National Capital Region.
    In many respects, the Executive Branch has planned or 
implemented steps to adjust for such reallocations, such as the 
addition of agent positions in the Drug Enforcement 
Administration, other steps in the Attorney General's Domestic 
Drug Enforcement Strategy, and actions taken by the Coast Guard 
and AMO to adjust for increased demands. However, the 
detrimental effects of increased demands have also been 
apparent. The Committee believes that substantially weakened 
law enforcement programs cannot be deemed adequate for the 
purposes of the budget certification process. It is essential 
for the Director to specifically consider whether steps have 
been taken to mitigate the reallocation of resources away from 
drug enforcement, particularly since the issue is likely to 
remain a significant concern for the five-year period covered 
by the reauthorization.
    The bill requires a similar evaluation of funding for law 
enforcement activities on the borders of the United States. 
During the 107th Congress, the Subcommittee on Criminal 
Justice, Drug Policy and Human Resources conducted an intensive 
survey of Federal law enforcement at the borders and ports of 
entry (H. Rpt. 107-794). That report and subsequent 
Subcommittee oversight activities suggest the possibility of a 
similar shift in focus at the borders, and the Director must 
also ensure that adequate resources are directed to drug 
interdiction prior to certifying any related budgets.
    The new subparagraph also prohibits budget certification of 
drug treatment activities that do not provide adequate result 
and accountability measures as determined by the Director. The 
Committee strongly supports the President's initiative to 
increase and enhance the availability of drug treatment in the 
United States, as well as the focus of the initiative on using 
the results of treatment programs as a primary performance 
measure. Oversight activities including discussions with drug 
treatment providers have strongly suggested the need for 
development of a set of uniform and unambiguous standards for 
measuring the results and accountability of drug treatment 
programs, a goal which remains elusive even after Federal 
support for intensive research into drug treatment. Further, 
because treatment programs account for a significant portion of 
the National Drug Control Budget, the Committee believes that 
adequate measures are essential to ensure the effectiveness and 
accountability of these programs as a whole, as well as to 
provide performance and outcome measures.
    The bill further requires that activities of the Safe and 
Drug Free Schools program include a clear anti-drug message or 
purpose intended to reduce drug use as a fixed prerequisite to 
budget certification. Along with the Media Campaign 
reauthorized in Section 112 of the bill, the Safe and Drug Free 
Schools program is one of the primary Federal drug prevention 
programs. As with law enforcement programs, however, resources 
are being diverted away from that intended goal to several 
other purposes, such as violence prevention. Significant 
broadening of the program to other purposes creates a 
substantial risk of dilution not only of its effectiveness as a 
drug prevention program, but also as a whole. For the purposes 
of the certification process, the Committee believes that the 
budget for the Safe and Drug Free Schools program cannot be 
deemed adequate unless each program activity includes a clear 
anti-drug message or purpose to reduce drug use, and has 
included such criteria as mandatory.
    The bill also contains mandatory restrictions on 
certification of budgets related to enforcement in certain 
contexts of Section 484(r)(1) of the Higher Education Act, more 
popularly known as the ``Drug Free Student Loan'' provision. 
The provision makes students convicted of drug offenses 
temporarily ineligible to receive student loans and stands for 
an important principle--that students who ask for taxpayer 
assistance with their education should not be using or selling 
illegal drugs, which have a clear and proven detrimental impact 
on educational achievement. However, a significant problem has 
arisen as the Department of Education (beginning during the 
Clinton Administration and continuing during the current 
Administration) has misinterpreted the clear language of that 
statute to improperly deny loans to students whose drug 
convictions predated their enrollment in school.
    The plain text of the statute in question clearly provides 
that the disqualification applies to ``a student who has been 
convicted of any offense under any Federal or State law 
involving the possession or sale of a controlled substance.'' 
The term ``student'' in every other instance in the Act clearly 
and logically may apply only to those currently enrolled; thus 
a person convicted of a drug offense prior to enrollment would 
not have been a ``student'' under the Act at the time of 
conviction and the provision would not apply to them in 
relation to such a conviction. Moreover, the Executive Branch 
interpretation is clearly at odds with the overall structure of 
the law, which unambiguously provides that individuals shall 
become ineligible for assistance ``beginning on the date of 
such conviction.'' Again, the interpretation offered by the 
Department is obviously inconsistent with the plain meaning and 
structure of the statute. (To determine whether Congress has 
unambiguously expressed its intent, a court considers in part 
the language and design of the statute as whole. See, e.g., 
Alabama Power v. Environmental Protection Agency, 40 F.3rd 450, 
454 (D.C. Cir. 1994).) The text clearly does not square with 
the Department's reading because an individual who is not 
enrolled when convicted could not become ineligible at that 
time. He or she is not a ``student'' under the terms of the 
Act, and moreover is not receiving any assistance to be 
disqualified from at the time.
    In addition to the inconsistency of its interpretation with 
the plain text of the statute, the Department also apparently 
did not undertake any substantial analysis prior to developing 
the policy in question. An oversight request issued by the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources during the 107th Congress for all documents developed 
by the Department to explain and justify its position returned 
less than 25 pages of material, all of which postdated the 
Administration that originally instituted the policy. The 
analysis contained in the produced materials was almost 
entirely defensive and provided no affirmative justification of 
the Department's interpretation of the statute. The Committee 
therefore has determined that the Department's enforcement 
actions with respect to students convicted of drug offenses 
prior to the date of enrollment are arbitrary and capricious. 
It further believes that drug control budgets seeking to 
continue such arbitrary and legally unsupported enforcement 
should not be certified because they hinder the effective 
implementation of the Drug Free Student Loan provision.
    An additional provision of the new subparagraph (C) 
prohibits funding for the drug control budget of the Department 
of Education unless it ``is accompanied by a report setting 
forth a plan for expedited consideration'' of loan applications 
for students improperly deprived under the conditions just 
described. (It is important to note that, while the provision 
textually implicates ``funding for Fiscal Year 2007 for 
activities of the Department of Education,'' it applies in the 
context of 21 U.S.C. 1703(c)(1)(A), which only applies to drug 
control budget requests. Thus, the additional provision does 
not apply to budget requests for Department activities not 
related to drug control.) The intention of this provision is 
limited and simple--to ensure that improperly deprived students 
would have any re-applications for financial assistance 
considered on an expedited basis, as determined by the 
Department of Education and set forth in the report required by 
the text.
    The bill also includes a provision prohibiting 
certification of drug treatment activities that ``do not 
adequately support and enhance Federal drug treatment programs 
and capacity,as determined by the Director.'' The provision is 
a variation of language proposed by Subcommittee Ranking Member 
Cummings during the Committee's consideration of H.R. 2086 during the 
108th Congress, which was approved by voice vote. The Committee notes 
that the language is primarily intended to apply to the Substance Abuse 
Prevention and Treatment block grant program and the Targeted Capacity 
Expansion grant program, which are critical to drug treatment in the 
United States. In considering the factors included in the bill incident 
to budget certification for drug treatment, the Director should 
consider whether adequate funding has been maintained for those 
programs or if adequate compensation in other programs has been 
substituted for any reductions in funding.
    Finally, subparagraph (C) prohibits certification of any 
request for funds for the operations and management of the 
Department of Homeland Security (DHS) that does not include a 
specific request for funds for the Office of Counternarcotics 
Enforcement (OCE) to carry out its responsibilities under 
section 878 of the Homeland Security Act of 2002 (6 U.S.C. 
458). Congress established the OCE in December 2004, replacing 
the original Counternarcotics Officer position, and expressly 
authorized up to $6 million for OCE. Despite this, the 
Administration never even mentioned OCE in its FY 2006 budget 
request, and has indicated that it wishes to continue the 
practice of funding OCE as a mere subdivision of the office of 
the DHS chief of staff. That is contrary to Congressional 
intent, and deprives OCE of the resources and independence it 
needs to carry out its responsibilities effectively.
    With respect to all of the certification provisions, the 
Committee notes that in no event do they actually prevent the 
President from making a budget request. The President remains 
free to propose any budget he wishes. The restriction is simply 
on the ability of the Director to certify such budget requests 
as being adequate from a drug control perspective. Congress 
makes the final decision with respect to any budget request for 
any activity, but the Director's certification is an important 
piece of information that Congress may rely on.

5. Reprogramming and transfer requests and miscellaneous provisions

    The bill lowers from $5,000,000 to $1,000,000 the amount 
over which the Director must approve fund reprogramming or 
transfer requests under 21 U.S.C. 1703(c)(4)(A). The Committee 
understands that the change will not substantially decrease the 
flexibility of Drug Control Program Agencies in managing 
finances, but believes that it will enhance the ability of the 
Director to review and approve Federal spending related to drug 
control budgets.
    The Committee is aware of a provision of existing law which 
indirectly exempts a single Drug Control Program Agency from 
compliance with the authority of the Director to issue a Fund 
Control Notice under 21 U.S.C. 1703(d)(9) by reference to a 
conference report not adopted by Congress. The Committee 
believes that the Director should retain authority to issue 
Fund Control Notices to each Drug Control Program Agency, and 
that any exceptions to such authority should be made explicitly 
and be properly considered and cleared by the Government Reform 
Committee, which is the primary committee of jurisdiction for 
the Office of National Drug Control Policy. Thus, the bill 
clarifies that the Director's authority applies to each Drug 
Control Program Agency notwithstanding any other provision of 
law.

6. International drug control certification

    The bill clarifies that the Director should continue to 
participate in the process for certification relating to 
foreign assistance for major drug source and transit countries 
as modified by the Department of State Authorization Act for 
Fiscal Year 2003. It also requires the Director to issue an 
independent assessment of the cooperation of foreign nations 
with U.S. drug control policies under the terms of a procedure 
that was explicitly contemplated by that Act.
    The 2003 authorization made permanent modifications to the 
drug certification process that substantially weakened the 
standard by which the State Department would evaluate the 
cooperation of foreign nations with respect to drug control. 
The standard changed from whether the country had ``cooperated 
fully'' to whether it had ``failed demonstrably'' to do so, 
thus effectively shifting the burden of proof to an assumption 
that foreign nations were cooperating with the United States 
and had to be proved otherwise to trigger the restrictions in 
the Act. However, the law also expressly reserved authority for 
the President to apply the previous standard of whether or not 
countries had ``cooperated fully'' with the United States.
    The law requires the President to make the relevant 
determination of whether to exercise such reserved authority. 
As the Director is the primary statutory advisor to the 
President with respect to drug control matters, the Committee 
believes that it is appropriate to require the Director to 
evaluate the drug control efforts of foreign countries by the 
``fully cooperating'' standard which the President may invoke 
under the express terms of the revised process, and has 
included such a requirement in the bill. The Director has 
opposed the requirement on the ground that it may result in 
conflicting advice to the President from the Director and the 
Secretary of State. The Committee emphasizes, however, that the 
Director's evaluation is conducted under a different standard 
than the review to be conducted by the Secretary of State, thus 
removing the potential for conflict. Moreover, as the revised 
statutory process explicitly contemplated and reserved the 
potential exercise by the President of authority under the 
``fully cooperating'' standard, the Committee believes that the 
President should receive the benefit of full and appropriate 
analysis under that standard as well as the ``failed 
demonstrably'' standard.

7. South American heroin strategy

    The bill includes a requirement for submission of a 
strategy to deal with heroin cultivation in South America, 
which was originally proposed as an amendment to H.R. 2086 
during the 108th Congress by Representative John Mica. The 
Committee notes that sharp increases in Colombian heroin during 
the 1990's have finally been reversed, with data from the Drug 
Enforcement Administration showing a significant decrease (by 
more than half) in Colombian heroin production from its peak in 
2000. This decrease is the result of aggressive efforts by the 
Colombian Government to eradicate opium poppycrops, and to 
bring drug traffickers to justice. This decrease in production has had 
a significant effect in the U.S., with the average purity of heroin 
seized at U.S. ports of entry declining from nearly 87 percent in 2000 
to less than 73 percent in 2004.
    The Committee believes that the U.S. must continue to 
support Colombia's efforts against heroin production and 
trafficking, and must also guard against the possibility of a 
``spillover'' of opium cultivation from Colombia into countries 
such as Peru. Therefore, the Committee intends to continue 
aggressive oversight of Executive Branch efforts with respect 
to heroin control. At the same time, however, the Committee 
believes that increased efforts to counter South American 
heroin cannot come at the expense of efforts to control the 
growth of coca, which continues to be more widely abused than 
heroin in the United States. The mandated strategy is required 
to address each of these factors.
    The strategy mandated by this subsection also requires a 
plan for providing assistance to regional governments in their 
efforts to help recently demobilized members of narco-terrorist 
groups to transition to civilian life. The Government of 
Colombia, for example, is currently engaged in such efforts, 
which are crucial to the success of the peace process and the 
reduction of narcotics trafficking in that country. Until quite 
recently, however, the U.S. had failed to provide any 
assistance to Colombia for demobilization programs, due to 
legal disagreements between the Department of Justice, the 
Department of State, and the U.S. Agency for International 
Development. The Committee believes that while it is important 
for the Federal Government to abide by the law and avoid direct 
assistance to true terrorists, failure to assist with the 
Colombian demobilization program will jeopardize not only the 
program, but all of the important gains made in Colombia over 
the last several years. It is vital for the U.S. government to 
resolve any internal disputes and proceed with timely 
assistance to the demobilization program.

8. Afghan heroin strategy

    The bill includes a requirement that ONDCP develop and 
submit a comprehensive strategy to address one of the world's 
most serious drug threats: heroin production in Afghanistan. 
The Committee is extremely concerned about the explosion in 
heroin production and trafficking in that country, and believes 
that the Administration's response to this crisis has been 
inadequate, at best. The resumption of large-scale heroin 
production in Afghanistan breeds instability and directly funds 
terrorist groups. The Committee believes that the eradication 
of opium poppy, the interdiction of precursor chemical 
traffickers, and the actual destruction of stockpiled drugs and 
processing facilities in Afghanistan is absolutely necessary if 
that country is to set firmly on the road to democracy and away 
from corruption, tyranny, and terrorism.
    The rise in heroin production, and its ties to terrorism, 
are amply documented. The United Nations Office on Drugs and 
Crime (UNODC) has conducted annual opium poppy surveys in 
Afghanistan since 1994. The 2003 and 2004 Surveys showed that 
Afghanistan is producing three-quarters of the world's illicit 
opium, resulting in income to Afghan opium farmers and 
traffickers on the order of $2.3 billion, a sum equivalent to 
half the legitimate GDP of the country. The UNODC concluded in 
2003 that ``out of this drug chest, some provincial 
administrators and military commanders take a considerable 
share * * * Terrorists take a cut as well * * * the longer this 
happens, the greater the threat to security within the country 
and on its borders.''
    The U.S. government, and in particular the Department of 
Defense, however, have thus far failed to take this threat 
seriously. As this Committee noted in its Fiscal Year 2005 
Views and Estimates, ``Our British allies have identified many 
Afghan opium-processing plants necessary to the heroin trade. 
Yet, despite the financing of terrorists and other 
destabilizing elements from the drug trade, the Department of 
Defense does not view these as military targets. The Committee 
urges in the strongest terms for the Department to reconsider, 
and will monitor this issue incident to its oversight 
activities on behalf of the public safety.''
    The strategy required by this bill therefore should include 
efforts actually to target and eliminate opium crops, heroin 
production facilities, and heroin stockpiles in Afghanistan. It 
should also include measures to improve coordination and 
cooperation between U.S. agencies operating in Afghanistan, and 
between the U.S. and allied nations. That coordination and 
cooperation have frequently been lacking. The Committee hopes 
that the new strategy issued by ONDCP will help get U.S. 
efforts against narco-terrorism in Afghanistan back on track.

9. General counterdrug intelligence plan

    The bill requires ONDCP to issue a new General Counterdrug 
Intelligence Plan (GCIP), and to reissue a new one every two 
years thereafter. The last GCIP, which was intended to set 
forth a framework for interagency cooperation and coordination 
of anti-drug law enforcement intelligence efforts, was issued 
in 2000, followed only by a brief update on its progress in 
2002. Since the original GCIP was issued, the nation has 
experienced the 9/11 terrorist attacks; the redeployment of the 
FBI, the Defense Department, and other agencies away from drug 
enforcement activities; the reorganization of many drug 
interdiction agencies into the Department of Homeland Security; 
and the reorganization of the entire intelligence community in 
2004. The entire landscape of law enforcement and intelligence 
has changed, and a new GCIP is therefore long overdue.
    The GCIP provision in this bill is modeled after Section 
639 of the Treasury and General Government Appropriations Act 
of 1998 (P.L. 105-61), the statute that called for the original 
GCIP. The major substantive difference is the express 
requirement of a report describing the nature and functions of 
the intelligence centers, task forces, and information sharing 
systems that have proliferated in the Federal Government. At a 
minimum, the GCIP should identify where there are potential 
overlaps and duplication of effort, or lack of coordination and 
information sharing.
    The manager's amendment adopted by the Committee modified 
the original language in H.R. 2829, most significantly by 
requiring the concurrence of (and not simply consultation with) 
the new Director of National Intelligence (DNI). This change 
reflects the necessity of the DNI's involvement and agreement 
to any GCIP that involves some members of the National 
Intelligence Program. At the request of ONDCP, reference to 
consultation with the members of the Counterdrug Intelligence 
Coordinating Group hasbeen removed, as this would mandate 
consultation between the Director of ONDCP and sub-Cabinet level 
officials.
    Also at the request of ONDCP, the list of participants no 
longer identifies the Counterdrug Intelligence Executive 
Secretariat (CDX) as a direct component of ONDCP, but rather as 
a separate entity. The Committee notes, however, that CDX has 
always operated under the auspices of the Director of ONDCP. 
Reference to the DEA Special Operations Division was also 
removed, as that Division, while involved with intelligence 
matters, is an operational and not primarily an intelligence 
center. The GCIP may still discuss that Division's involvement 
in intelligence matters, if the Director so chooses.

10. Southwest border counternarcotics strategy

    The bill also requires ONDCP to issue a comprehensive 
strategy to address drug trafficking on the U.S.-Mexico border. 
That border remains the primary conduit for illegal drug 
trafficking (whether marijuana, cocaine, heroin, or 
methamphetamine) into the U.S. The sophisticated criminal 
organizations that control drug trafficking along that border, 
moreover, are fully capable of engaging in other kinds of 
trafficking--from the trafficking of persons to the movement of 
weapons of mass destruction. The Federal Government must get 
better control of the border, and fight the trafficking 
organizations at every level.
    In addition to laying out how the Federal Government plans 
to stop cross-border drug trafficking, the strategy also 
requires ONDCP to identify the specific roles and 
responsibilities of the various Federal agencies involved. This 
step is critical to success, as it will help promote 
coordination and cooperation, and reduce interagency 
competition, on the border. The ``stovepipe'' mentality of many 
Federal agencies (which often seek to operate as independently 
as possible of one another) results in needless duplication of 
effort, and sometimes even in direct agency interference with 
other agencies' operations. This situation must be replaced by 
a more cooperative attitude among the agencies, and the 
strategy required by this bill must help facilitate that.
    Finally, the strategy should address the various resource 
needs of the agencies tasked with the responsibility to stop 
drug trafficking on the Southwest border. The strategy should 
be specific, identifying the amount of personnel, equipment, 
and technology needed to implement each aspect of the strategy.

11. Scientific study of mycoherbicide in illicit drug crop eradication

    This provision, originally proposed by Representative Dan 
Burton, requires ONDCP to submit a report to Congress within 90 
days of enactment, setting forth a plan for the scientific 
study and testing of mycoherbicides as a means of illegal drug 
crop elimination. Mycoherbicides are naturally occurring fungi 
that can be used to target and eliminate specific types of 
plants. As they are naturally occurring, they do not involve 
chemicals or other pesticides, nor do they involve any kind of 
genetic modification or manipulation. They might, after 
appropriate testing, prove to be an effective, environmentally 
safe means of eradicating drug crops (such as coca and opium), 
reducing or perhaps even eliminating the need for aerial 
spraying or manual eradication. Their use may become 
particularly necessary if, as is already the case with many 
commercial crops, spray-resistant strains of drug crops are 
developed.
    The mandated study requires only a controlled, scientific 
study, which would be subject to a thorough peer review. Its 
purpose is simply to obtain scientific evidence about the 
safety and effectiveness of mycoherbicides, and not to endorse 
or disapprove of the use of them. The report therefore should 
omit statements of policy preferences with respect to the use 
of mycoherbicides, and confine itself to scientific evaluation. 
Moreover, the primary participants in the study should be plant 
and fungal pathologists, together with scientific experts in 
ecology and environment. The study should not involve economic, 
political, or law enforcement experts, whose judgment should be 
sought only after the efficacy and safety of mycoherbicides has 
been established.
    The testing required by the study may be conducted in any 
drug producing country, provided that the mycoherbicides are 
naturally occurring in that country. The Committee notes that, 
as the U.S. is itself a drug-producing nation, such testing 
could take place domestically.
    It is important that any scientific study thoroughly 
evaluate any potential health or environmental risks. The 
Committee therefore adopted an amendment proposed by the 
Ranking Member of the Subcommittee on Criminal Justice, Drug 
Policy, and Human Resources, Elijah Cummings, that specifically 
required this critical aspect of the study.
            F. Amendments relating to coordination with other agencies 
                    (section 107)
    Section 107 restates and expands requirements of existing 
law relative to reporting on matters related to drug control of 
individual Cabinet departments. The additions made by the 
Committee to existing law primarily relate to statistics that 
will allow better evaluation of resource allocation for drug 
control activities within individual agencies. As previously 
described, the Committee has significant concern at the impact 
of diversion of drug control assets to unrelated missions, and 
believes that the mandated reporting will assist in oversight 
and monitoring in that respect.
            G. Development, submission, implementation, and assessment 
                    of National Drug Control Strategy (section 108)
    The coordination and development of the National Drug 
Control Strategy is one of the primary and most important 
responsibilities of the Director. The bill revises the process 
for development and issuance of the Strategy. In doing so, the 
Committee believes that the Strategy will be enhanced through 
the inclusion of more specific and comprehensive information on 
U.S. drug control efforts. The bill also modifies previous law 
to include clearer and more specific performance and outcome 
goals and objectives.
    The bill approved by the Committee and the House during the 
108th Congress, H.R. 2086, adopted an approach recommended by 
ONDCP that would have ``streamlined'' the annual Strategy by 
repealing numerous specific statutory requirements governing 
the issuance of the Strategy and replacing them with much more 
general guidelines reflectingthe general goals of previous law. 
Since 2003, however, the Committee has become increasingly concerned 
about the lack of specific and comprehensive information in the 
Strategy reports, even under existing law. The Strategy will serve 
little purpose if it simply states the general goals of the 
Administration, and includes only a few facts chosen to bolster certain 
policies.
    This bill therefore seeks to strike a compromise between 
the outdated details required under current law, and the overly 
general method proposed by ONDCP. The information required by 
the bill would help make the Strategy a truly comprehensive 
report on the status of Federal drug control efforts, and the 
Administration's plans to reduce illegal drug use. The 
Committee believes that the Strategy should help Congress and 
the public evaluate how well current policies are working, and 
what improvements may be in order.
    Future Strategy reports issued under the bill's new 
requirements will include data not simply on overall trends in 
drug trafficking and abuse in the U.S., but will also include 
information on newly emerging regional or local drug threats--
and the Administration's plans for addressing them. For 
example, future Strategy reports should look carefully at the 
growing problem of methamphetamine trafficking and abuse, which 
has spread from California and the Western states to the 
Midwest and now even the East Coast. The Committee believes 
that ONDCP must be more proactive in seeking to contain these 
emerging threats, rather than simply reacting when they have 
spread out of control.
    To better help ONDCP collect this information, and devise 
policies to address it, the bill requires ONDCP to consult with 
a wide array of agencies, organizations, and individuals 
involved in every aspect of drug control. The Committee is 
particularly concerned about the lack of consultation and 
communication between ONDCP and State and local agencies in 
recent years. For example, oversight hearings conducted by the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources revealed that ONDCP and the Administration failed to 
consult any State or local officials before proposing to move 
the High Intensity Drug Trafficking Areas (HIDTA) program from 
ONDCP to the Department of Justice. State and local agencies 
are on the ``front lines'' in the fight against drug 
trafficking and abuse, and their experience, knowledge, and 
assistance are invaluable to the success of the nation's drug 
control policy. The Administration should not make major 
strategic and budgetary decisions affecting them without at 
least seeking their input.
    The bill also includes more detailed and specific overall 
performance measurements, most notably requiring an assessment 
of Federal effectiveness in accomplishing the previous year's 
Strategy that includes a specific evaluation of whether the 
targets for reducing drug use were met. The intention of the 
Committee is that such an assessment should be conducted using 
data for the previously completed fiscal year and any available 
data from the current fiscal year at the time of the issuance 
of the Strategy.
    The bill also includes a new requirement that the Committee 
believes will substantially increase the accountability and 
responsiveness of each individual Drug Control Program Agency. 
Incident to issuance of the Strategy, the Director is required 
to annually issue a supplement reviewing the activities of each 
individual Drug Control Program Agency with respect to the 
National Drug Control Strategy and the Director's assessment of 
the progress of each agency in meeting its responsibilities 
thereunder. Previously, agencies were not held individually 
accountable for the overall results of the Strategy, and the 
Committee believes that such a public ``report card'' will 
increase agency responsibility and stake holding in the overall 
progress of the national Strategy.
    Finally, the bill includes a new requirement that the 
Strategy include data and information to permit a standardized 
and uniform assessment of the effectiveness of drug treatment 
programs in the United States. As previously discussed, the 
Committee believes that the development of uniform measurements 
in this regard is critical to performance and outcome 
evaluation of Federally supported drug treatment programs, as 
well as to the development of Federal strategy with respect to 
drug treatment programs. Simply put, there is no widely 
accepted or defined set of measurements for ``what works'' in 
drug treatment, and development of such measurements is 
essential.
            H. High Intensity Drug Trafficking Areas Program (section 
                    109)
    The reauthorization of the High Intensity Drug Trafficking 
Areas (HIDTA) Program is critical to the nation's efforts to 
reduce the supply of illegal drugs. As explained in more detail 
below, the purpose of the program is to facilitate Federal, 
State and local law enforcement anti-drug cooperation in areas 
with significant narcotics trafficking problems that harmfully 
impact other parts of the nation.

1. Overview and history

    The HIDTA program, ONDCP's principal law enforcement 
assistance initiative, was first authorized in 1988 by the 
legislation creating ONDCP, and reauthorized in 1993 and 1998. 
Under the program, the Director may designate a specific 
geographic area within the United States as a high intensity 
drug trafficking area. (The term ``HIDTA'' refers to an 
individual high intensity drug trafficking area designated by 
the Director under the program.) Each HIDTA is then eligible to 
receive Federal assistance and funding for joint Federal, State 
and local law enforcement initiatives targeted at drug 
trafficking activity. The first five HIDTAs (Houston, Los 
Angeles, New York/New Jersey, South Florida, and the Southwest 
Border) were designated in 1990; the program has since expanded 
to 28 HIDTAs as of fiscal year 2005.

2. Retention of HIDTA Program by ONDCP

    In February 2005, the Administration proposed (as part of 
its fiscal year 2006 budget proposal) to move the program from 
ONDCP to the Organized Crime Drug Enforcement Task Force 
(OCDETF) program at the U.S. Department of Justice. The 
Committee has carefully considered the Administration's 
proposal, but does not agree with it. Such a move would 
severely undermine Federal, State, and local drug enforcement 
cooperation and coordination.
    The Subcommittee on Criminal Justice, Drug Policy and Human 
Resources held a hearing on March 10, 2005 concerning this 
issue, receiving testimony from a number of State and local 
officials who actively work with the HIDTA program. Not one of 
themsupported moving the program into OCDETF. After the 
hearing, letters were sent to each of the directors of the HIDTAs, 
seeking their expert opinions. Again, not one of them supported moving 
the program.
    The witnesses cited numerous reasons for opposing the move. 
First, OCDETF is a very different program, primarily designed 
to bring existing State and local cases into Federal court by 
providing funding through the U.S. Attorneys' offices. HIDTA, 
by contrast, seeks to bring together Federal, State, and local 
law enforcement agencies in cooperative operations, 
intelligence sharing, and investigations.
    Second, the move threatens to undo the significant progress 
made by the program in promoting Federal, State, and local 
cooperation. Currently, each HIDTA has an executive board made 
up of equal representatives of Federal agencies on the one 
hand, and State and local agencies on the other. The boards 
decide how to allocate their HIDTAs' budgets among various task 
forces and other operations. This equal voice for State and 
local agencies has generated an unprecedented level of 
cooperation on the part of all participants. Despite this, the 
Administration's representatives who testified at the March 10 
hearing declined to state whether they would continue this 
equal representation. The Director of OCDETF, Catherine O'Neil, 
simply stated that her program would ``study'' the HIDTA 
program if granted control by Congress, and make changes at a 
later date.
    The Committee believes that it is very unlikely that State 
and local agencies will be willing to make significant 
contributions of their personnel and resources to HIDTA task 
forces if they believe they will not have an equal say in their 
deployment. The Administration should not request the authority 
to change this program before deciding what changes to make, or 
even whether change is necessary.
    Third, while the Administration relies heavily on the HIDTA 
program's Program Assessment Rating Tool (PART) review--which 
claimed that HIDTA had failed to demonstrate results--for its 
argument that the program must be overhauled, that reliance is 
misplaced. The PART review was significantly undermined by 
ONDCP's apparent failure to provide sufficient information 
about the HIDTA program's results to the Office of Management 
and Budget (OMB), and also its failure to establish specific 
performance measures in time for the review. Had OMB even been 
given the complete annual reports of the individual HIDTAs--
which detail the many investigations, arrests, seizures, and 
other actions funded by the program--it is difficult to see how 
the HIDTA program could have been graded significantly worse 
than the Drug Enforcement Administration, the Coast Guard, or 
any other drug enforcement agency.
    Finally, the Administration's argument that the program 
should be transferred to OCDETF to consolidate drug enforcement 
programs within the Department of Justice is not supported by 
the record. First, even within the Federal Government, drug 
enforcement cannot be ``consolidated'' within the Justice 
Department. Most Federal drug interdiction personnel are 
employed by agencies at the Department of Homeland Security, 
namely the Coast Guard, Customs and Border Protection (CBP), 
and Immigration and Customs Enforcement (ICE), each of which 
participate in individual HIDTAs. ICE and the Internal Revenue 
Service (IRS, which also participates in HIDTAs) also engage in 
significant drug enforcement and money laundering 
investigations.
    The Committee also notes that, although the Justice 
Department certainly plays a vital role in drug enforcement--
both through the investigative work done by DEA and the Federal 
Bureau of Investigation (FBI), and through prosecutions in 
Federal court by the U.S. Attorneys' offices--that Department 
does not have an exclusive focus on drug control. Instead, drug 
enforcement is but one of many disparate missions that the 
Justice Department must balance. ONDCP, by contrast, is 
exclusively dedicated to drug control. It is not forced to 
divert resources or attention to other matters. Thus, an anti-
drug trafficking program like HIDTA, which brings together 
Justice Department and non-Justice Department Federal drug 
control agencies, as well as State and local drug control 
agencies, is much better located within ONDCP.
    The bill thus keeps the HIDTA program under the management 
of ONDCP. The bill does, however, include provisions designed 
to improve coordination of HIDTA activities with those of 
OCDETF (as well as other Federal anti-drug task forces), as 
described below.

3. Program purposes

    Prior legislation did not include an explicit statement of 
the purposes of the program. While those purposes were long 
understood by both Congress and ONDCP, the Committee believes 
that an explicit statement will help to define more clearly the 
mission of the program. Accordingly, new section 707(a)(2) 
provides such a statement. The new subsection clearly defines 
the program as a law enforcement assistance and cooperation 
program designed to reduce the supply of drugs within the 
nation as a whole, and in the designated areas.

4. Designation of high intensity drug trafficking areas; criteria for 
        designation

    New section 707(b) provides that the Director shall retain 
authority to designate individual HIDTAs. The bill adds the 
Secretary of Homeland Security to the list of officials that 
the Director should consult with before making such a 
designation, to reflect the creation of the Department of 
Homeland Security containing some of the Federal Government's 
principal drug interdiction agencies. New section 707(c) 
requires the Director to establish a formal application process 
for areas seeking designation as a HIDTA; no such formal 
process currently exists.
    The bill retains the four criteria originally specified by 
Congress for designation of a HIDTA, but clarifies them where 
necessary to ensure that the program remains focused on 
reducing illegal drug trafficking both in the nation as a 
whole, and in the designated areas. The criteria reflect the 
Committee's belief that while all aspects of the drug problem 
must be addressed by the nation's anti-drug strategy, the 
specific focus of the program must remain on combating the 
illegal supply of drugs to the entire U.S.
    The Committee further notes that in determining whether the 
second criterion (section 707(d)(2)) has been met, and in 
allocating funds under the program, the Director should take 
into account the willingness of State and local law enforcement 
agencies to cooperate with their Federal counterparts with 
respect to all narcotics activity illegal under Federal law. 
The program is a Federal program, and the Committee has grave 
concerns about activities of certain State and local law 
enforcement agencies directly participating in the program that 
have actively hindered enforcement of Federal narcotics law. 
Such a failure to fully cooperate indicates a lack of (1) full 
commitment of resources to respond to the problem of drug 
trafficking, and (2) a determination to respond aggressively to 
the problem, and the Director should consider such activities 
in reviewing the designation of and discretionary funding for 
each HIDTA.
    Unlike the legislation approved by the Committee and the 
House in 2003 (H.R. 2086, 108th Congress), this bill does not 
include an express provision authorizing the Director to revoke 
the designation of all or part of an area as a HIDTA. The 
sudden and potentially arbitrary ``de-designation'' of a HIDTA 
could have a very serious and detrimental effect on the task 
forces and other operations using HIDTA funding, and even the 
prospect of it might discourage State and local agency 
participation. The Committee believes that the most practical 
and responsible mechanism for reducing or eliminating an area's 
participation in the HIDTA program is through the budget 
process outlined in new section 707(i) (see below). If the 
Director believes that program funds should no longer be spent 
in a given area, the Director may simply request no funds for 
that area.

5. Organization of high intensity drug trafficking areas

    As mentioned above, one of the key ingredients in the 
success of the HIDTA program has been the equal representation 
of Federal agencies on the one hand, and State and local 
agencies on the other, on the executive board of each HIDTA. 
Accordingly, the bill seeks to protect this success by 
explicitly defining the role of the boards, and mandating the 
balance in voting representation.
    Under the bill, the boards remain responsible for the 
administrative management and funding allocations of their 
respective HIDTAs. The bill requires that each board have an 
equal number of votes for Federal agency representatives on the 
one hand, and State and local agencies on the other (State and 
local agency representatives being treated as a single 
contingent, rather than as separate contingents, under this 
bill). An executive board meeting must not be conducted in such 
a way that either the Federal representatives, or the State and 
local representatives, may be outvoted as a bloc. This will 
help prevent each HIDTA from being dominated either by Federal 
agencies, or by State and local agencies, but will instead 
remain fully collaborative and cooperative joint enterprises 
against drug trafficking.
    While none of the HIDTA directors, who were each contacted 
in writing by the Subcommittee on Criminal Justice, Drug Policy 
and Human Resources, opposed maintaining that voting balance, 
both ONDCP and certain HIDTAs expressed concern that it is not 
always practical for an equal number of Federal agency 
representatives and State and local agency representatives to 
attend every executive board meeting. This is particularly true 
for HIDTAs that include parts of more than one State, often 
spread out over a wide geographic area.
    In response, the Committee amended this provision to allow 
individual HIDTAs to use weighted or proxy voting systems to 
achieve voting balance. For example, if only 4 Federal agency 
representatives could attend an executive board meeting in 
person, but 12 State and local agency representatives would be 
attending, the board could provide each Federal agency 
representative with 3 votes, thus ensuring that the Federal 
agency representatives could not be outvoted.
    Testimony and other information received by the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources indicate that most executive boards experience little 
disagreement between their Federal, State, and local 
representatives, and make most decisions unanimously. The 
Committee is pleased that that is the case, and hopes that such 
harmony will continue. However, the Committee believes that 
that kind of cooperation is supported and strengthened by equal 
partnership.
    As noted above, the Committee believes that it is important 
for the bill to define the role and responsibility of each 
HIDTA executive board. In response to concerns raised by ONDCP, 
however, the bill includes language clarifying that these 
provisions should not be interpreted to create an ``agency'' 
relationship between the individual HIDTAs and the Federal 
Government. Although each HIDTA provides funding for various 
drug enforcement activities, those activities are actually 
undertaken by individual law enforcement agencies--Federal, 
State, and local. The actual operations are the responsibility 
of the participating agencies, and as such they, and not the 
individual HIDTA or ONDCP, would be liable for those 
operations.

6. Use of funds

    Although the program is a law enforcement initiative, 
several HIDTAs have spent program funds on drug treatment and 
drug use prevention (demand reduction) activities. While the 
Committee strongly believes that the Federal Government should 
provide support to these activities, the HIDTA program is 
generally not the appropriate vehicle. Drug treatment and drug 
use prevention should be carried out by those agencies and 
programs that specialize in these activities; this program 
should remain focused on its law enforcement purpose.
    The 1998 reauthorization legislation sought to redirect the 
program back to drug supply reduction by specifying that no 
program funds could be spent to establish or expand drug 
treatment programs (21 U.S.C. 1706(d)). New section 707(f) 
would extend this restriction to drug prevention programs. 
While existing HIDTA funding for treatment or prevention 
programs could be continued (at least until alternative sources 
of funding are found), that funding could not be increased or 
used for new programs with HIDTA dollars.

7. Terrorism activities

    In the wake of the September 11, 2001 terrorist attacks, 
many Federal agencies, including ONDCP, have reallocated 
resources to meet the increased threat of terrorism. The HIDTA 
program in particular made its intelligence-gathering and 
analysis resources available to agencies conducting 
investigations of terrorist threats. While the Committee 
believes that such temporary reallocations make critical 
contributions and are appropriate where needed, care must be 
taken that significant resources are not directed away from the 
primary mission of fighting traffic in illegal drugs. 
Accordingly, new section 707(g) addresses the use of HIDTA 
resources in anti-terrorism investigations. The bill permits 
the use of program resources to assist Federal, State and local 
law enforcement agencies investigating terrorism. However, such 
assistance must remain incidental to the program's primary 
mission of reducing drug availability, and the Director is 
required to ensure that significant resources are not diverted 
away from that mission.

8. Role of Drug Enforcement Administration

    Under program regulations, each HIDTA is required to create 
and maintain an Intelligence Support Center, where law 
enforcement personnel collect and analyze intelligence shared 
by participating agencies. In most HIDTAs, the Drug Enforcement 
Administration has taken an active role in these Centers, 
reflecting that agency's expertise in the analysis of drug 
trafficking intelligence and overall leadership in Federal drug 
enforcement. New section 707(h) provides that the Director, in 
consultation with the Attorney General, shall ensure that at 
least one representative of DEA is included in each Center. The 
Committee also believes that such involvement will assist in 
maintaining appropriate focus within each HIDTA on national 
drug traffic.

9. Annual HIDTA Program budget submissions

    The original authorizing legislation and subsequent 
reauthorizations did not specify how ONDCP was to allocate the 
funds appropriated for the program among the various HIDTAs; 
that determination was instead left to the discretion of the 
Director. Even as the program has grown from five HIDTAs and a 
budget of $25,000,000 in fiscal year 1990 to 28 HIDTAs and 
$227,000,000 in fiscal year 2005, however, the actual 
discretion of the Director has shrunk. Appropriations acts have 
mandated that no HIDTA may be funded at a level below the 
previous fiscal year; the Director has thus retained true 
discretion over only approximately $20,000,000 of the current 
budget allocation.
    ONDCP has indicated that without discretion over the HIDTA 
program budget, its ability to effectively manage the program 
and direct resources to where they are needed most is greatly 
reduced. The Committee shares that concern, but also notes that 
giving absolute discretion to ONDCP or any other Federal agency 
to make dramatic annual changes in individual HIDTA budgets 
could have negative consequences. State and local agencies make 
significant contributions to the HIDTAs, and without their 
active participation, the program would not exist at all. Many 
of these agencies, however, would be reluctant to make long-
term commitments of personnel and other resources to HIDTA task 
forces or projects if the Federal contribution were 
unpredictable or constantly changing.
    The bill seeks to strike a balance between the need for 
HIDTA dollars to go where they are most needed, and the need to 
maintain enough continuity to allow the Program to function 
with State and local support. The bill does not expressly give 
absolute discretion to the Director to shift funds among the 
HIDTAs over the short-term. However, it does require the 
Director to submit, as part of the Administration's annual 
budget proposal to Congress, specific budget requests for each 
individual HIDTA, with an explanation of the rationale for each 
request. The Director could therefore propose a reallocation of 
funds among the various HIDTAs, explaining how the reallocation 
would better serve the purposes of the program and the National 
Drug Control Strategy.
    ONDCP has expressed concerns about this provision. In 
particular, since budget proposals are drafted well in advance 
not only of the President's final budget request, but also of 
the final funding decision made by Congress, it is possible 
that the Directors' proposals for the HIDTAs would be based on 
increasingly ``stale'' information. This is a genuine concern, 
but it is probably unavoidable. As indicated previously, State 
and local agencies face the same long-term budget allocation 
process that the Federal Government does. It is unrealistic to 
expect them to make long-term contributions to the HIDTA 
program if the Federal Government is unwilling to do so.
    Moreover, this criticism overlooks the fact that the 
HIDTAs' budgets are currently based on information that is even 
more ``stale''--as those budgets have been locked at their 
late-1990's levels. Although a process that requires longer-
term planning than ONDCP would like may not be ideal, it is 
undoubtedly preferable to a process that allows no practical 
flexibility at all.
    The Committee is also aware of concerns raised by some law 
enforcement officials regarding the impact these provisions may 
have on the budgets of individual HIDTAs. The Committee 
believes, however, that given the changing patterns of drug 
trafficking in the nation as a whole, the Director must have 
some ability to adapt the program to meet shifting threats. A 
HIDTA's budget must be based on the facts, the threat 
assessment and the role of each HIDTA in reducing national drug 
traffic, and not simply on administrative convenience or 
political considerations.
    The Committee also acknowledges the concern raised by some 
law enforcement officials that an excessive focus on Federal 
missions may discourage State and local law enforcement 
agencies from fully participating in the program. This concern 
arises not simply in connection with the allocation of funds 
among the HIDTAs, but also in the choice of which initiatives 
each HIDTA will fund and which targets it will pursue. The 
Committee believes that ONDCP should take affirmative steps to 
ensure that these concerns are addressed to ensure the full and 
active cooperation of State and local law enforcement in the 
program. At the same time, it is important to remember that 
since not every part of the country can receive assistance 
under the program, those areas that are designated as HIDTAs 
have a responsibility to spend Federal funds in a manner that 
has demonstrable benefits not simply within the HIDTA, but for 
the rest of the country as well.

10. Emerging threat response fund

    Although, as discussed above, the budgets of the individual 
HIDTAs have been kept level by annual appropriations acts, the 
Director has had real discretion over approximately $20 million 
of the overall program budget. These funds have historically 
been used to fund initiatives within certain HIDTAs, often 
targeted at drug trafficking organizations on the Consolidated 
Priority Organization Target (CPOT) or Regional Priority 
Organization Target (RPOT) lists compiled by the U.S. 
Department of Justice. They have also been used to meet urgent 
drug control needs, as in 2002 when the Director used some of 
this discretionary funding to ensure the continued assistance 
of National Guard officers to border inspectors in the 
Southwest Border HIDTA.
    The Committee considers these to be fully appropriate 
examples of uses for these funds, and believes that such 
discretionary funding authority should be preserved. The bill 
would therefore permit the Director to expend up to 10 percent 
of total appropriated funds on a discretionary basis, to 
respond to any emerging drug trafficking threat in an existing 
HIDTA, or to establish a new HIDTA or expand an existing HIDTA. 
The bill includes criteria for allocating these discretionary 
funds, in particular the impact of activities funded on 
reducing overall drug traffic in the United States, or 
minimizing the probability that an emerging drug trafficking 
threat (such as the growing epidemic of methamphetamine 
trafficking) will spread to other areas of the United States. 
The bill authorizes the Director to use additional criteria, in 
his discretion.

11. Evaluation

    The bill requires, within 90 days of enactment, an initial 
report by the Director to Congress, describing the purposes, 
goals and objectives, means of evaluation, and reporting 
requirements needed for each HIDTA. In each subsequent National 
Drug Control Strategy report, the Director is also required to 
submit a restatement of the goals and objectives of each HIDTA, 
and provide an evaluation of each HIDTA.
    This provision responds to the criticism contained in the 
Office of Management and Budget's (OMB) Program Assessment 
Rating Tool (PART) review of the HIDTA program, namely that the 
HIDTA program had not ``demonstrated results.'' As described 
above, this was largely due to the failure of ONDCP to provide 
sufficient data to OMB to enable it to conduct a complete 
evaluation of the HIDTA program. By requiring an annual review 
and evaluation of the program, this problem should be avoided 
in the future.
    The Committee notes that much of the information needed for 
this evaluation is already being provided by the individual 
HIDTAs themselves, which issue annual threat assessments and 
annual reports on their expenditures and results. The Committee 
is further encouraged by the recent announcement by the 
National HIDTA Directors Association that the individual HIDTAs 
have agreed on a system of performance measurement and data 
reporting. The Committee believes that the individual HIDTAs 
have demonstrated a strong commitment to high standards of 
management and accountability, and urges ONDCP to work closely 
with them to achieve even better results.

12. Assessment of drug enforcement task forces in high intensity drug 
        trafficking areas

    The bill requires, not later than 180 days after enactment, 
and as part of each subsequent National Drug Control Strategy 
report, an assessment of drug task force activity within each 
HIDTA, including (among other things) an evaluation of the 
level of cooperation and coordination between those task 
forces. One of the key purposes of the HIDTA program (as 
defined in this bill) is to ``facilitat[e] cooperation among 
Federal, State, and local law enforcement agencies to share 
information and implement coordinated enforcement activities''. 
As such, it is important to evaluate the extent and nature of 
coordinated activities, which most often take the form of 
``task forces'' made up of personnel from multiple Federal, 
State, or local agencies.
    ONDCP has raised concerns about including information about 
task forces which do not receive direct Federal funding or 
support, fearing that this might prove burdensome. The 
Committee notes, however, that the assessment required under 
the bill only includes task forces operating within a HIDTA; 
while such task forces may be numerous, they are certainly not 
unlimited. The HIDTAs themselves, which operate locally and 
work closely with State and local agencies involved in drug 
control, will almost certainly be able to collect much of this 
information for ONDCP. Moreover, an assessment that included 
information only on federally funded task forces would give an 
incomplete picture of drug enforcement activity within each 
HIDTA. It is important to look at all task force activity to 
determine whether coordination and cooperation have actually 
been maximized in a HIDTA, or could be further expanded and 
improved.

13. Assessment of intelligence sharing in High Intensity Drug 
        Trafficking Areas Program

    The bill includes a requirement for a comprehensive annual 
review of intelligence sharing among, and systems used by, 
agencies and drug task forces receiving Federal funding within 
each HIDTA. The review is not limited simply to agencies or 
task forces directly participating in the HIDTA, but to any 
that receives any Federal funding. As one of the primary 
purposes of the HIDTA program is to ``enhanc[e] intelligence 
sharing among Federal, State, and local law enforcement 
agencies'', it is vital that ONDCP assess the extent of such 
enhancement, and identify ways in which intelligence sharing 
could be improved.

14. Authorization of appropriations

    The bill authorizes increases in the program budget through 
fiscal year 2010, to meet shifting drug trafficking threats, 
and to accommodate the rising costs borne by drug enforcement 
agencies. However, the Committee believes that substantial 
increases in funding may not be necessary for the program to 
achieve its objectives; rather, what may be needed is better 
management of existing resources on the basis of thorough, 
fact-based analysis of the drug trafficking threat.
            I. Dawson Family Community Protection Act (section 110)
    The bill includes the Dawson Family Community Protection 
Act (H.R. 812), originally introduced by Representative Elijah 
Cummings, the Ranking Member of the Subcommittee on Criminal 
Justice, Drug Policy and Human Resources. Section 110 contains 
H.R. 812 in its entirety with only conforming changes. The 
Committee shared the shock of all Americans at the violent 
death of members of the Dawson family at the hands of drug 
traffickers, and strongly supports the findings and witness 
protection initiatives included in the bill.
    The findings are outlined clearly. They indicate that while 
many citizens and their families want to cooperate with law 
enforcement authorities to rid their neighborhoods of the 
scourge of drug trafficking, the threat of retaliatory violence 
makes such cooperation extremely dangerous, particularly in 
lower income and minority communities. The murders of the 
Dawson family in East Baltimore City, Maryland are a tragic 
illustration of this growing problem.
    Accordingly, new section 707(o) provides that at least 
$5,000,000 of the amounts appropriated for the HIDTA program 
shall be used in HIDTAs with severe neighborhood safety and 
illegal drug distribution problems. These funds are to be used 
in the manner provided for in new section 707(o)(2), for 
example by protecting potential witnesses and facilitating 
citizens' communication with law enforcement authorities 
concerning illegal drug trafficking in their neighborhoods.
            J. Amendments relating to Counter-Drug Technology 
                    Assessment Center (section 111)
    The bill changes the current designation of the head of the 
Counter-Drug Technology Assessment Center (CTAC) from 
``Director of Technology'' to ``Chief Scientist,'' which 
reflects customary usage in the field.
    The remainder of section 111 primarily restates much of the 
existing law, with the most substantial amendments reserved for 
the Technology Transfer Program. This program, which authorizes 
CTAC to purchase technology and transfer it to State and local 
drug enforcement agencies, is amended to include a new system 
of priority in making the transfers. Among other things, the 
Chief Scientist is to give priority in distributing law 
enforcement assistance developed under the program most likely 
to assist in drug interdiction and border enforcement to 
southwest border areas and northern border areas with 
significant traffic in illegal drugs. The Secretary of Homeland 
Security is also added as an official required to assist in the 
assessment of counter-drug technology.
    The bill also requires an annual report by the Director on 
the management of the Technology Transfer Program. The report 
is to include information both on transfers requested, and 
transfers actually made. In response to concerns raised by 
ONDCP, the Committee revised the bill to ensure that it did not 
call upon ONDCP to release information about specific requests 
that were denied. Instead, the Committee believes the report 
should include information on the criteria that were used to 
accept or reject requests.
            K. National Youth Anti-Drug Media Campaign (section 112)
    The National Youth Anti-Drug Media Campaign (Media 
Campaign) is in all likelihood the single most important drug 
prevention program operated by the Federal Government and one 
of the most critical tools for achieving the President's goal 
of specific reductions in drug abuse among youth. At the same 
time, however, the program has presented some of the greatest 
challenges for reauthorization, as the Committee has been 
required to consider a number of issues relating to program 
focus, management, and performance evaluation. The bill 
responds to these needs and challenges by strongly supporting 
the continuation of the Media Campaign through a five-year 
reauthorization, subject to several reforms intended to address 
ongoing issues.
    The bill incorporates authorization for the Media Campaign, 
which previously had been constituted by free-standing 
authorization, into the Office of National Drug Control Policy 
Reauthorization Act. Unless otherwise indicated in this report, 
it primarily retains the program structure and authorities 
existing in the previous authorization. The Committee made the 
following reforms to the program:

1. Statement of purposes

    The bill clarifies the purposes of the Media Campaign, to 
make clear that the focus of the program is to support mass 
media advertising aimed at preventing drug abuse, predominantly 
through television, radio, and print. Oversight activities have 
suggested that the Media Campaign may be losing its focus 
through diversification into a number of other activities not 
directly related to mass media advertising. Such 
diversification suggests a significant risk that instead of 
concentrating on doing its primary job well, the program could 
be weakening its impact by attempting to dabble in too many 
other areas simultaneously. As originally envisioned when first 
authorized, Congress supported the Campaign for the primary 
purpose of supporting mass media advertising, and the Committee 
expects that function to continue to serve as its main and 
overriding goal.

2. Use of funds

    New section 709(b) contains a list of permitted uses for 
Media Campaign funds, the most important of which is the 
purchase of advertising time and space. As explained in more 
detail elsewhere, bringing anti-drug advertisements to the 
viewing public is the primary purpose of the program.
    The bill reported by the Committee does not contain an 
express provision as to the specific subject matter of Media 
Campaign-funded advertisements, beyond the general guidelines 
contained in new section 709. The Committee believes, however, 
that it is vital for the Media Campaign to dedicate at least 
some if its resources to respond to specific, severe, and 
emerging drug threats, even if (in some cases) those threats 
are regional and not yet present in every part of the nation.
    For example, the Committee believes that ONDCP should 
undertake a significant advertising campaign to combat the 
growing epidemic of methamphetamine abuse. Methamphetamine is a 
particularly addictive and debilitating drug, whose rapid 
spreadacross the U.S. threatens to impact virtually every 
community. Although the reported number of users of methamphetamine 
(according to national use surveys) does not yet equal the number of 
users of some other drugs, the rapid growth of the problem, and the 
severe individual and societal costs created by it, should make it a 
high priority for the Federal Government. As our nation's primary drug 
use prevention program, the Media Campaign must not remain silent about 
methamphetamine and similar emerging drug threats.

3. Creative services

    In considering the question of obtaining creative services 
for Campaign advertising, the Committee is forced to balance 
the original vision of the program that such services should 
almost entirely be provided on a pro bono basis by leading 
advertising firms against the demonstrated need of the Director 
for occasional flexibility in creating advertisements to 
respond to emergent needs or special requirements. The most 
important example of the requirement for such flexibility is 
the well-known ``Drugs and Terrorism'' campaign developed 
quickly in the wake of the September 11, 2001 terrorist 
attacks.
    New section 709(b)(2)(A)(i) provides that the Director 
``shall use creative services donated at no cost to the 
Government wherever feasible'' and may only procure creative 
services for advertising responding to high-priority or 
emergent campaign needs that cannot timely be obtained at no 
cost or are intended to reach a minority, ethnic or other 
special audience that cannot be reasonably be obtained at no 
cost. The Committee strongly emphasizes that the use of such 
authority to procure creative services should be exercised as a 
rare exception to the pro bono model in necessary 
circumstances, and not as a rule. Further, new section 
709(b)(2)(A)(ii) limits the amount which can be expended on 
creative services to no more than $1,500,000 each fiscal year, 
except that the Director may expend up to $2,000,000 to meet 
urgent needs on advance approval from the Committee on 
Appropriations. Again, the Committee strongly emphasizes that 
this authority should be used sparingly and that the 
expenditure limits are maximums and not recommended amounts for 
such spending.

4. Evaluation

    Perhaps the most significant issue facing the Media 
Campaign is the need for appropriate means to evaluate the 
effectiveness of individual advertisements and of the Campaign 
as a whole. Under the previous authorization, the Office 
procured an elaborate and expensive evaluation of the program 
conducted by Westat that returned inconclusive results 
difficult to reconcile and consider in the context of the 
performance goals of the President's strategy. The Committee 
agrees with the Director that the Media Campaign is better 
served by methods of evaluation that are less costly and 
elaborate and are tied to performance goals and well-
established industry standards.
    Accordingly, the bill in new section 709(b)(2)(B) requires 
testing of all Campaign advertisements (with limited stated 
exceptions) to ensure that that they are effective and meet 
industry-accepted standards. More broadly, new section 
709(b)(2)(C) requires evaluation of the effectiveness of the 
Campaign as a whole based on data from several accepted studies 
that track the level of youth drug abuse. In doing so, the 
Committee intends to rely predominantly on performance 
measurements that can be directly evaluated, particularly in 
reference to the statutory requirement for each annual Strategy 
to include specific targets to reduce drug abuse.
    The bill also specifically requires the Campaign to be 
evaluated in a manner that enables discrete consideration of 
whether and how it has contributed to reductions of illicit 
drug use among youth. The Committee intends to ensure that some 
method of evaluation be conducted to permit consideration of 
the results of the program proper, and not merely of general 
success in reduction of youth drug use, which could be subject 
to a widely varying array of factors unrelated to the Campaign. 
Such measurements are critical to ensure continued review, 
performance measurement, and accountability for the program. 
The Committee fully agrees with concerns that have been raised 
in this regard by the Committee on Appropriations.

5. Purchase of advertising time and space

    The Committee requires in new section 709(b)(3) that a 
fixed percentage (normally 77 percent, but rising to 82 percent 
if the program's budget falls below $125 million, and falling 
to 72 percent if the budget rises above $195 million) of 
amounts appropriated for the Campaign shall be used for the 
purchase of advertising time and space. As previously stated, 
these were the primary intended purposes of the Campaign when 
first created. The Committee believes that the restriction is 
an important means to maintain the focus of the program. The 
Committee fully agrees with concerns that have been raised in 
this regard by the Committee on Appropriations.
    When the Subcommittee on Criminal Justice, Drug Policy and 
Human Resources first considered reauthorizing legislation in 
2003, the bill before it (H.R. 2086, 108th Congress) contained 
an additional restriction permitting no more than 3 percent of 
program funds to be expended on certain ancillary activities of 
the Media Campaign, such as entertainment industry outreach, 
corporate outreach, additional media and public information 
efforts, and community partnerships. The Committee ultimately 
determined that such a restriction was not necessary in light 
of the restriction contained in new section 709(b)(3), which 
ensures that proper resources are dedicated to the intended 
focus of the campaign and will require reevaluation of program 
spending for purposes that would have been covered by the 3 
percent cap. This bill again omits the 3 percent cap for that 
reason.
    The Committee strongly emphasizes its view that, of the 
activities that would have been subject to that 3 percent 
restriction (those authorized in subparagraphs (G) and (H) of 
new subsection 709(b)(1)), the Media Campaign should make 
interactive outreach and efforts to reach minority and 
underserved communities a priority. Such activities currently 
account for 1.4 percent of program spending and easily would 
have been accommodated under the 3 percent cap. The Committee 
continues to have significant reservations about the 
effectiveness, lack of meaningful performance measurement, and 
potential for lack of focus implicated by the other activities 
that would have been subjectto the cap, such as entertainment 
industry outreach and corporate partnerships. It will continue to 
conduct careful oversight of those activities.
    Both ONDCP and the Partnership for a Drug Free America 
(PDFA) have opposed the provision requiring that 82 percent of 
the Campaign's Federal dollars be spent on purchases of time 
and space for anti-drug advertising, if the Campaign's budget 
falls below $125 million. (As noted above, if the budget is 
above $125 million, this ``floor'' would only be 77 percent.) 
ONDCP argues that this might force the Campaign to abandon its 
efforts to do Internet advertising and other, less traditional 
media activities, and reduce its ability to conduct testing of 
advertisements before airing them.
    When the Committee considered this same provision in 2003, 
ONDCP did not express strong concern about this provision, 
because the Campaign's budget was $145 million and the Senate's 
proposed legislation included an 80 percent minimum floor, 
regardless of budget size. Now, however, the fiscal year 2005 
budget for the Media Campaign is only $120 million, and the 
Administration has lowered its request for fiscal year 2006 to 
that amount, meaning that the 82 percent floor would apply.
    The Committee has strongly supported increased funding for 
the Media Campaign, and sympathizes with the restrictions such 
low budgets place on the Media Campaign's activity. Again, 
however, the original intent, and primary purpose, of the 
Campaign is to get anti-drug advertisements on the air. When 
the budget is shrinking, and advertising costs are going up, 
``diversifying'' into other areas (however great their future 
potential), or conducting some kinds of testing of 
advertisements (however desirable) simply is not feasible. 
Difficult choices must sometimes be made in a time of declining 
resources. The Committee does, however, pledge to continue to 
work with ONDCP to help resolve its difficulties with managing 
the Media Campaign.

6. Division of responsibilities and functions under the program

    The Partnership for a Drug-Free America, a pro bono 
coalition of leading advertising agencies, has served as a 
national leader in drug prevention advertising since well 
before the creation of the Media Campaign, which was intended 
to take maximum advantage of the skills and expertise of the 
Partnership in conducting the Campaign. The bill provides that 
the Partnership for a Drug Free America shall serve as the 
primary outside strategic advisor to the Media Campaign and be 
responsible for coordinating donations of creative and other 
services to the Campaign. The Committee believes that this 
provision properly recognizes the historic role of the 
Partnership in national drug prevention advertising and its 
intended significant participation in the Media Campaign. It 
notes that the provision in no way undermines the Director's 
ultimate responsibility for, and control of, the Media 
Campaign.

7. Prohibitions

    The bill retains prohibitions contained in existing law and 
tightens them in many respects to clarify that Campaign 
advertising may not be used for express advocacy in support of 
or to defeat any clearly identified candidate, clearly 
identified ballot initiative, or clearly identified legislative 
or regulatory proposal. In discussions among members of the 
Committee regarding the bill, there was clear bipartisan 
consensus in favor of such additional restrictions.
    The bill also prohibits funding of 1) advertising that does 
not contain a primary message intended to reduce or prevent 
illicit drug use and 2) advertising containing a primary 
message intended to promote support for the Media Campaign or 
private sector contributions to the Media Campaign. Once again, 
the primary purpose of the Campaign is to prevent drug abuse 
among youth. The Committee on a bipartisan basis has been 
disturbed by Media Campaign advertising not directed at youth 
or parents to aid in youth prevention. Several advertisements 
funded by the Media Campaign in public opinion publications 
appeared focused on self-congratulation for the program itself 
and, perhaps indirectly, at winning support for the program 
within the policy community. These advertisements contained no 
direct drug prevention messages. Oversight activities of the 
Committee determined that a not insubstantial amount of 
campaign resources were expended in this regard. The Committee 
believes that such advertising is inappropriate within the 
Media Campaign and intends to prohibit it by these provisions.

8. Match requirement

    New section 709(f)(1) retains the requirement of existing 
law that each advertisement purchased by the Campaign be 
matched in kind by the providers of advertising time and space. 
The requirement has been a highly successful component of the 
Media Campaign and the Committee recognizes the countless 
contributions of a diverse array of Americans to the Media 
Campaign under the matching requirement. The Committee further 
believes that ONDCP should seek voluntary matching or other 
contributions, whenever possible, from providers of other 
services to the Media Campaign.
    A new provision, section 709(f)(2), is added relating to 
the allocation of advertising time obtained under the media 
match, requiring at least 70 percent of no-cost match 
advertising to directly relate to substance abuse. It is the 
intention of the Committee that the term ``substance abuse 
prevention'' in this section be interpreted to apply only to 
prevention of illicit drug use. Again, the provision is 
intended to maintain the focus of the Media Campaign on its 
intended primary purpose of airing anti-drug advertisements. 
While the Committee supports the limited provision of available 
match advertising time to community and other groups, the 
Campaign should first use available match advertising time in 
furtherance of its primary goal.
    A related concern is addressed in new section 709(f)(3), 
which requires that no-cost match advertising not directly 
related to substance abuse include a clear anti-drug message, 
which is not required to be the primary message of the match 
advertising. It is the Committee's intention that such a 
message may be brief and limited, such as a hypothetical 
``tag'' at the end of the advertisement mentioning that 
participation in a community group using the time is ``an anti-
drug,'' or otherwise briefly reinforcing the prevention 
messages of the Campaign. As recipients of no-cost match 
advertising time are receiving free air time provided for the 
purpose of drug prevention advertising, theCommittee believes 
that this requirement is appropriate within the overall context of the 
Campaign and does not impose an undue burden.
    The inclusion of the requirement for a clear anti-drug 
message in each match advertisement made unnecessary a 
provision that would have removed the requirement for match 
advertising unrelated to drug prevention to be ``tagged'' as 
originating from the Office of National Drug Control Policy and 
the Media Campaign. While such a statutory clarification would 
continue to be wholly appropriate for match advertising 
containing no anti-drug message, the Committee believes that 
the mandatory inclusion of such a message in each advertisement 
makes it appropriate to continue identifying such advertising 
as originating with the Media Campaign.

9. Report to Congress

    The bill requires an annual report to Congress on the Media 
Campaign, the requirements of which are clearly stated. The 
provision was originally included in legislation to reauthorize 
the Media Campaign sponsored during the 108th Congress by then-
Representative Rob Portman.
    Incident to debate at the 2003 markup of this bill's 
predecessor (H.R. 2086), the Committee notes its continued 
understanding that the Office of National Drug Control Policy 
has agreed to notify the Chairman and Ranking Member of the 
Subcommittee on Criminal Justice, Drug Policy and Human 
Resources in writing of new Media Campaign national television 
advertisements on the date of first airing, to provide a brief 
description of the subject matter of each advertisement, and to 
make those advertisements available for viewing by members of 
the Committee on request at ONDCP on the date of first airing. 
Such notification and availability is without prejudice to 
usual requests and oversight relating to advertisements after 
the date of first airing.

10. Local target requirement

    This provision directs ONDCP, to the maximum extent 
feasible, to use amounts made available under this section for 
media that focuses on, or includes specific information on, 
prevention or treatment resources for consumers within specific 
local areas. The intent of the Committee is to ensure that the 
Media Campaign has the maximum direct impact on the target 
audience (most importantly, young people and their parents). As 
such, it is important that Media Campaign advertisements, where 
feasible, direct members of the audience to available resources 
within their communities, such as treatment facilities, 
community anti-drug coalitions, education centers, and similar 
resources. For example, it would be appropriate and advisable 
for advertisements funded by the Media Campaign to inform 
audience members in communities severely impacted by 
methamphetamine abuse about further sources of information and 
assistance.

11. Prevention of marijuana use

    New section 709(j) contains specific findings related to 
marijuana that are clearly stated, and specifically provides 
that the Director may emphasize prevention of youth marijuana 
use in conducting advertising and activities otherwise 
authorized by the bill.
    Besides avoiding the serious health consequences of 
marijuana use itself, marijuana use prevention targeted at 
young people is critical to all forms of illegal drug use 
prevention. Studies show that of those who have ever used 
marijuana, those who started using marijuana early in life are 
8 times more likely to use cocaine, 15 times more likely to use 
heroin, and 5 times more likely to use any illegal drug. As the 
primary ``gateway'' for young people to even more serious drug 
abuse, marijuana must be dealt with by any effective prevention 
program.
    The Committee emphasizes, however, that this provision does 
not call upon the Media Campaign to be focused exclusively on 
marijuana prevention. Other severe drug threats, such as 
methamphetamine abuse, need to be addressed by the Media 
Campaign and other Federal prevention programs.

12. Authorization of appropriations (Media Campaign)

    The Media Campaign is authorized to expend $195 million for 
each of Fiscal Years 2006 and 2007 and $210 million for each of 
Fiscal Years 2008 through 2010.
            L. Drug interdiction (section 113)
    The bill replaces the prior section 711 (21 U.S.C. 1710), 
which originally provided certain reporting requirements with 
respect to drug interdiction. Currently pertinent requirements 
of this nature have been moved to the sections relating to the 
National Drug Control Strategy and coordination with other 
agencies. Instead, the bill adds new requirements relating to 
the United States Interdiction Coordinator (USIC) and the 
Interdiction Committee (TIC).

1. United States Interdiction Coordinator

    The United States Interdiction Coordinator (USIC) has 
played an important role under the authority of the Director in 
coordinating the drug interdiction activities of diverse 
Federal agencies, even though the position was not a statutory 
position before 2002. The creation of the Department of 
Homeland Security included the most prominent interdiction 
agencies (with the notable exception of activities of the 
Department of Defense) within a single Cabinet department. 
Accordingly, the legislation creating the Department in 2002 
required the appointment of a Counternarcotics Officer within 
the Department of Homeland Security, and provided that that 
individual would concurrently serve as the USIC.
    During the Committee's consideration of H.R. 2086 during 
the 108th Congress, however, the Director expressed concern 
that the mandated appointment of the Counternarcotics Officer 
as the USIC removed his discretion to appoint his own advisor. 
Accordingly, H.R. 2086 proposed to remove the mandated 
concurrent appointment and permit the Director to name any 
individual as the USIC, so long as the individual did not 
concurrently serve as the head of any other Federal department 
or agency or any subdivision thereof with responsibility for 
narcotics interdiction activities. The Counternarcotics Officer 
of the Department of Homeland Security, however, would have 
been permitted to serve concurrently as the USIC given that the 
two positions shareresponsibilities in a number of respects. 
Although H.R. 2086 never became law, this approach was ultimately 
adopted by Congress when it replaced the Counternarcotics Officer 
position with the Office of Counternarcotics Enforcement (OCE) in 
December 2004. The Director of OCE currently is eligible, but is not 
mandated, to serve as the USIC.
    As the Office of Counternarcotics Enforcement has 
established itself and begun its work within the Department of 
Homeland Security, it has become increasingly problematic for 
its Director to concurrently serve as the USIC. In part, this 
is due to the ambiguity inherent in forcing the same individual 
to report directly to both the Secretary of Homeland Security 
and the Director of ONDCP. It is unclear to whom the Director 
of OCE is ultimately responsible. More importantly, the mission 
of OCE, namely coordinating the counterdrug activities of the 
Department, is simply too large to allow sufficient time and 
attention for the mission of the USIC, which is to coordinate 
the entire Federal Government's drug interdiction activity.
    The bill therefore ends the USIC position's ``collocation'' 
in the Department of Homeland Security and ONDCP, and assigns 
it to the Deputy Director for Supply Reduction at ONDCP. (A 
conforming amendment is made to the Homeland Security Act of 
2002, to delete that act's reference to the USIC position in 
the description of the role of the Director of Counternarcotics 
Enforcement.) The USIC should serve as an agency-neutral 
coordinator and devote primary and exclusive attention to 
narcotics interdiction coordination. The bill defines the 
responsibilities of the USIC, and authorizes the Director to 
assign permanent staff, and to request detailed staff from 
interdiction agencies, to assist the USIC.
    The bill also includes a requirement that the USIC, on 
behalf of the Director, issue a National Interdiction Command 
and Control Plan (NICCP) on an annual basis. The NICCP is 
currently issued under the auspices of the Director (acting 
through the USIC), but has not been updated since 1999. 
Although the various drug interdiction agencies have reportedly 
been working on a draft of a new NICCP, they had (as of the 
date of the Committee's action on this legislation) failed to 
agree on a final version. The Committee expects that, with this 
new statutory requirement for an annual NICCP, ONDCP and the 
various interdiction agencies will work to resolve their 
differences and make greater progress towards coordinated, 
cooperative, and effective drug interdiction operations.
    The NICCP required by the bill is similar in function to 
the one issued in 1999, but is significantly more 
comprehensive. In particular, it must include a statement of 
interdiction strategy, a description of the specific roles and 
responsibilities of the various interdiction agencies in 
implementing that strategy, and a description of the specific 
resources (including equipment, personnel, technology, and 
their cost) needed to carry it out. The Committee believes that 
the NICCP, like many of the ``strategic'' documents issued by 
ONDCP and other drug control agencies, needs to be much more 
specific and substantive to be of use to the Executive Branch 
and to Congress.

2. The Interdiction Committee

    Like the USIC, the Interdiction Committee (TIC) has existed 
for many years, but to date has not been specifically 
authorized by statute. The TIC, organized under the authority 
of ONDCP, consists of the heads of each of the major drug 
interdiction agencies, and has historically been chaired by the 
Commissioner of the former U.S. Customs Service (now the 
Commissioner of the bureau of Customs and Border Protection at 
the Department of Homeland Security).
    The bill defines the membership and role of the TIC, and 
gives the Director the authority to name its chair. To ensure 
the effectiveness of the TIC in bringing together the various 
drug interdiction agencies, the bill requires the listed 
individuals to meet in person at least once per year, in time 
to discuss the proposed NICCP and provide advice concerning it 
to the USIC. Subsequent meetings may be called by the Director 
or the chair of the TIC, and may be attended by delegates or 
representatives of the members.
            M. Authorization of appropriations (section 114)
    The authorization for appropriation of such sums as are 
necessary does not apply to the High Intensity Drug Trafficking 
Areas Program and the National Youth Anti Drug Media Campaign, 
each of which is provided with a specific authorization ceiling 
in the relevant section.
            N. Technical amendments and repeal (section 115)
    The bill repeals 21 U.S.C. 1509, which created the 
``Special Forfeiture Fund,'' as that mechanism is no longer 
used to appropriate funds for ONDCP.
    An additional repeal made by the bill (through its 
replacement of former 21 U.S.C. 1708 with the revised Media 
Campaign provisions) is the repeal of the President's Council 
on Counter-Narcotics within the Executive Branch. As a 
practical matter, the body was never formally constituted and 
did not meet. The Committee believes that the Director has been 
provided clear authority to serve as the President's principal 
advisor with respect to drug control policy, and that the 
existing authority for coordination of policy and budgets for 
the Office serves the intended purpose of the previous 
President's Council.
            O. Requirement for disclosure of Federal sponsorship of all 
                    Federal advertising or other communication 
                    materials
    This provision, added by an amendment offered by Ranking 
Member Henry Waxman, requires that each advertisement or other 
communication paid for by ONDCP, either directly or through a 
contract, include a prominent notice informing the target 
audience that the advertisement or other communication is paid 
for by ONDCP. This amendment was offered in response to 
concerns raised about the past use of ``video news releases'' 
by ONDCP, as well as other Federal agencies. The Committee 
notes that ONDCP reports that it has already discontinued the 
use of such video news releases, and that in any case this 
amendment merely restates existing law banning such 
advertisements by any branch of the Federal Government.
            P. Policy relating to syringe exchange programs
    This provision, also added by an amendment offered by 
Ranking Member Waxman (as modified by the Committee during 
markup), requires that when developing the national drug 
control policy, any policy of the Director relating to syringe 
exchange programs for intravenous drug users shall be based on 
the best available medical and scientific evidence regarding 
their effectiveness in promoting individual health and 
preventing the spread of infectious disease, and their impact 
on drug addiction and use. The provision further requires that, 
in making any policy relating to syringe exchange programs, the 
Director shall consult with the National Institutes of Health 
and the National Academy of Sciences.
    The Committee's intent in adopting this provision is simply 
to ensure that the Director has the best available medical and 
scientific evidence when formulating the Administration's 
policy on syringe exchange programs. The Committee notes that 
such programs are highly controversial. While some advocates 
have argued that they may help prevent the spread of AIDS and 
other infectious diseases, other experts have criticized 
syringe exchange programs as both ineffective in reducing the 
spread of infectious disease, and counterproductive to the goal 
of reducing drug abuse. Thus, in adopting this amendment the 
Committee in no way endorses the use of such programs. However, 
the amendment is designed to ensure that such programs are 
evaluated on the basis of scientific and medical facts 
concerning health impact, and impact on drug addiction and use, 
whenever that is possible. As the National Institute on Drug 
Abuse (NIDA) is the primary authority on drug addiction and use 
at the National Institutes of Health, NIDA should be involved 
in any consultation required by this provision.

                           Section-by-Section


   Title I--Reauthorization of Office of National Drug Control Policy


Section 101. Short title

    This section designates the bill as the ``Office of 
National Drug Control Policy Reauthorization Act of 2005''.

Section 102. Amendment of Office of National Drug Control Policy 
        Reauthorization Act of 1998

    This section notes that the legislation amends and repeals 
in part the Office of National Drug Control Policy 
Reauthorization Act of 1998 (the ``1998 Act'').

Section 103. Repeal of termination provision

    This section reauthorizes ONDCP and its programs by 
repealing the 1998 Act's ``sunset provision.'' The bill still 
limits authorized appropriations to five more fiscal years, 
from 2006 through 2010 (see Section 114).

Section 104. Amendments to definitions

    This section clarifies the definition of various terms 
related to drug control defined in the Act, which also affect 
the responsibilities of certain Deputy Directors within the 
Office.
    The definition of ``demand reduction'' activities is 
amended to include drug testing of employees, interventions to 
stop drug addiction, and international efforts to achieve basic 
demand reduction policies (such as treatment and prevention).
    The existing definition of the ``National Drug Control 
Program'' is clarified to ensure that it includes all Federal 
activities involving supply reduction, demand reduction, or 
State and local affairs (as those terms are defined in 21 
U.S.C. 1701). Such activities are defined as part of the 
National Drug Control Program, even if some of them are not 
exclusively dedicated to drug control.
    The definition of ``State and local affairs'' is amended to 
include both domestic drug enforcement and intelligence. This 
section also classifies facilitating Federal, State, and local 
cooperation as ``State and local affairs'', and adds the task 
of facilitating drug intelligence sharing among the different 
levels of government.
    The definition of ``supply reduction'' is amended to 
include law enforcement activities outside the United States, 
as well as other programs in drug source countries (including 
alternative development programs, such as those administered by 
the U.S. Agency for International Development (USAID) in 
Colombia, primarily intended to reduce the production and 
trafficking of illegal drugs). The paragraph also defines 
intelligence sharing among only Federal or foreign agencies (as 
opposed to sharing involving State or local agencies), as a 
supply reduction function.
    Two new definitions are added, one listing the 
Congressional committees that are primarily to receive 
information from the Office, and another defining ``law 
enforcement'' related to drug control. The latter definition 
clarifies that drug law enforcement includes not simply 
investigation and arrest, but prosecution and incarceration or 
other punishment of drug offenders.
    Subsection (b) makes several conforming amendments to the 
statutory responsibilities of the Deputy Directors, to reflect 
the clarified definitions of supply reduction, demand 
reduction, and State and local affairs. The subsection also 
confirms the existing responsibility of the Deputy Director for 
State and Local Affairs for the High Intensity Drug Trafficking 
Areas (HIDTA) and Counterdrug Technology Assessment Center 
(CTAC) programs.

Section 105. Amendments relating to establishment of Office of National 
        Drug Control Policy and designation of officers

    Section 105 makes specific changes to the appointment and 
responsibilities of the Director of ONDCP and his subordinate 
officers. Subsection (a) clarifies the current responsibility 
of the Director to evaluate the effectiveness of national drug 
control programs, to include the requirement that the Director 
use specific goals and performance measures.
    Subsection (b) provides that the Director shall have the 
same ``rank and status'' as the heads of the executive 
departments already defined by statute.
    Subsection (c) provides that the Deputy Director for Supply 
Reduction shall have substantial experience in drug 
interdiction operations.

Section 106. Amendments related to appointment and duties of Director 
        and Deputy Director

    Section 106 makes amendments to the specific duties of the 
Director and Deputy Director of National Drug Control Policy. 
These changes apply to budget and drug certification processes 
along with other duties of the Director and Deputy Director. 
Existing law is amended to provide that any ``officer or 
employee'' may serve as the Director in the absence of the 
Director. The change clarifies that politically appointed 
officers may serve as the Acting Director. Additionally, the 
term ``Federal departments and agencies engaged in drug 
enforcement'' is changed to ``national drug control program 
agencies'' to conform to the term already defined in the 
statute.
    Outlined in this section are the duties of the Director 
pertaining to budget certification processes. The Director is 
prohibited from certifying the adequacy of any drug control 
program budget request that 1) fails to adequately compensate 
for transfers of drug enforcement resources to non-drug related 
activities; 2) requests funding for border activities that do 
not adequately address drug interdiction; 3) requests funding 
for drug treatment activities that do not provide result and 
accountability measures; 4) requests funding for drug treatment 
activities that do not adequately support and enhance Federal 
drug treatment programs and capacity; 5) requests funding for 
Department of Education drug control programs that do not 
follow reporting requirements concerning expedited 
consideration of student loan applications from improperly 
denied students; or 6) requests funding for management and 
operations of the Department of Homeland Security without 
including a specific request for funding for that Department's 
Office of Counternarcotics Enforcement.
    The bill adds requirements for authorizing committees for 
the Office to receive notification whenever the Director 
exercises certain authorities with respect to Federal drug 
control budgets and funding. Additionally, the Director's 
authority to issue Fund Control Notices is clarified to extend 
to all drug control program agencies.
    The Director's authority to participate in the annual drug 
certification process is clarified to include the recently 
amended certification process. In addition, the Director is 
required to submit a report to the President each year 
providing an assessment of whether major drug transit or 
production countries are fully cooperating with the United 
States, and whether certain procedures provided for in the 
amended law with respect to countries not fully cooperating 
should be applied. The Director is also required to transmit 
the report to the Secretary of State and the authorizing 
committees for the Office.
    The Director's responsibilities are expanded to include new 
duties relating to treatment research, and coordination of 
efforts to assist State and local efforts against drug 
trafficking.
    This section adds a new requirement to the drug budget 
process that any drug budget request made by an agency include 
all drug control activities of that agency, including demand 
reduction, supply reduction, and State and local affairs. At 
present, the drug budget process excludes a number of 
significant drug control activities.
    This section also requires ONDCP, within 90 days of 
enactment, to submit to Congress two separate, comprehensive 
strategies to address the threat of heroin from South America 
(in particular Colombia and Peru), and Afghanistan. The 
Director is also required to submit, with the concurrence of 
the Director of National Intelligence, a new General 
Counterdrug Intelligence Plan to improve coordination, and 
eliminate unnecessary duplication, among the counterdrug 
intelligence centers, information sharing systems, and other 
counterdrug activities of the Federal Government. The Plan is 
due within 120 days of enactment, and new Plans must be 
submitted every two years thereafter.
    The Director is also required to submit, within 120 days of 
enactment, a comprehensive strategy to address narcotics 
trafficking at the Southwest Border between the United States 
and Mexico. Finally, this section requires ONDCP to submit, 
within 90 days of enactment, a report that includes a plan to 
conduct, on an expedited basis, a scientific study of the use 
of mycoherbicide as a means of illicit drug crop elimination by 
an appropriate Government scientific research entity, including 
a complete and thorough scientific peer review. The study shall 
include an evaluation of the likely human health and 
environmental impacts of such use. The report shall also 
include a plan to conduct controlled scientific testing in a 
major drug producing nation of mycoherbicide naturally existing 
in the producing nation.

Section 107. Amendments relating to coordination with other agencies

    This section makes technical corrections to the existing 
law, to reflect the creation of the position of Director of 
National Intelligence in 2004. The section also provides for a 
number of required reports from Federal departments on drug 
control issues to the Director and authorizing committees for 
the Office. The Secretaries of Agriculture and Interior are 
required to submit an assessment on illegal drug cultivation on 
public lands. The Attorney General is required to submit a 
report on arrests, prosecutions, and seizures related to drugs. 
The Secretary of Homeland Security is required to submit a 
report on drug seizures and air and maritime patrol hours 
dedicated to drug supply reduction. The Secretary of Defense is 
required to submit a report on air and maritime patrol hours 
dedicated to drug supply reduction.

Section 108. Development, submission, implementation, and assessment of 
        National Drug Control Strategy

    This section revises the process and content for the 
National Drug Control Strategy. The Director is required to 
submit an annual Strategy report, which shall include 
significant information about the nature and impact of drug 
trafficking and abuse in the United States. The Director is 
also required annually to submit a description of a performance 
measurement system for the National Drug Control Strategy and 
drug control program agencies.
    Under the revised process, the Strategy must include 
specific information about drug trafficking, drug abuse, and 
the impact of both on our communities. Among other things,the 
Strategy shall include comprehensive goals for reducing drug use; 
annual objectives and specific targets to accomplish and evaluate 
progress toward reduction in drug use; a strategy to reduce the 
availability and purity of illegal drugs; an assessment of Federal 
effectiveness in accomplishing the previous year's strategy; 
notification of budget priorities expected to significantly change over 
the next five years; a review of international, State and local, and 
private sector drug control activities to ensure coordination; and a 
supplement reviewing the activities and progress of each individual 
drug control program agency during the previous year.
    The Director is required to continue consultation with 
appropriate outside individuals and entities in developing the 
strategy, as under existing law. The bill restates provisions 
of existing law relating to the Director's authority with 
respect to the El Paso Intelligence Center and the National 
Drug Intelligence Center, and adds a new provision allowing the 
Director to make recommendations regarding research at the 
National Institutes of Health supporting the National Drug 
Control Strategy. The Director is also required to annually 
submit a description of a performance measurement system for 
the National Drug Control Strategy and drug control program 
agencies.

Section 109. High Intensity Drug Trafficking Areas Program

    This section addresses the High Intensity Drug Trafficking 
Areas (HIDTA) program, adding several new provisions to the 
existing statutory authorization for the program, which 
contains limited guidance. The Secretary of Homeland Security 
is added as an official the Director is required to consult 
before designating a HIDTA.
    The bill includes a statement of purposes for the program, 
as well as revised criteria for designating HIDTAs. ONDCP is 
directed to establish, by regulation, procedures for areas to 
seek to designation as a HIDTA. The bill also sets forth the 
basic guidelines for the executive committees that govern an 
individual HIDTA.
    ONDCP is also directed to submit, as part of each annual 
budget proposal to Congress, a spending plan that indicates the 
specific amount proposed to be spent on each HIDTA. The bill 
restates current law regarding the Director's authority to 
reassign Federal personnel to HIDTAs and otherwise increase 
Federal assistance. The Director is prohibited from expending 
funds to create or expand drug prevention or drug treatment 
programs in any HIDTA, but would be free to continue funding 
existing programs if necessary. The Director is authorized to 
permit HIDTA assistance to investigations related to terrorism, 
but is required to ensure that such assistance remains 
incidental and that significant resources of the program are 
not redirected to activities exclusively related to terrorism. 
A representative of the Drug Enforcement Administration must be 
included in the Intelligence Support Center of each HIDTA.
    The HIDTA program is authorized at $280 million in fiscal 
year 2006, $290 million in fiscal years 2007 and 2008, and 
$300,000,000 in fiscal years 2009 and 2010.

Section 110. Funding for certain high intensity drug trafficking areas

    This section may be referred to as the ``Dawson Family 
Community Protection Act.'' It includes findings expressing the 
sense of Congress regarding the firebombing of the Dawson 
family home in October 2002, the need for cooperation of 
citizens in law enforcement, and the need for initiatives aimed 
at improving community safety and encouraging cooperation to 
counter illegal drug traffic. The Director is directed to 
ensure that at least $5 million in HIDTA funding is used in 
areas with severe neighborhood safety and illegal drug 
distribution problems to ensure neighborhood safety and combat 
illegal drug trafficking.

Section 111. Amendments relating to Counter-Drug Technology Assessment 
        Center

    Section 111 contains provisions relating to the Counterdrug 
Technology Assessment Center (CTAC). The title of ``Director of 
Technology'' within ONDCP is changed to ``Chief Scientist.'' 
Explicit authority is added for the Chief Scientist to oversee 
and coordinate a technology transfer program to State and local 
law enforcement. The Chief Scientist is also required to give 
general priority for such grants based on need and potential 
impact on drug trafficking; a specific priority is also 
required for technologies most likely to assist in drug 
interdiction and border enforcement to agencies in southwest 
border areas and northern border areas with significant traffic 
in illegal drugs. The Substance Abuse and Mental Health 
Administration is included in the list of agencies to be 
consulted with respect to technology research related to drug 
treatment.

Section 112. National Youth Antidrug Media Campaign

    Section 112 contains provisions relating to the National 
Youth Anti-Drug Media Campaign. The bill restates some of the 
existing law authorizing the Media Campaign, and makes some 
amendments. The primary purposes of the Campaign are restated 
and clarified.
    Authorization to use funds for creative and talent costs is 
narrowed to provide that the Director shall use donated 
creative services wherever possible and may only use funds for 
creative services for advertising responding to high-priority 
or emergent campaign needs that cannot timely be obtained at no 
cost, or intended to reach a minority, ethnic or other special 
audience that cannot be obtained at no cost. Funding for 
creative services is limited to $1.5 million per fiscal year, 
unless the Director demonstrates and the Appropriations 
Committees approve increased funding for urgent needs, which 
may not exceed $2 million.
    The Director is required to test all advertisements to 
ensure they are effective and meet industry-accepted standards. 
The requirement can be waived for advertisements making up no 
more than 10 percent of the airtime and print space of the 
Campaign. The Director is also required to designate an 
independent entity to evaluate the effectiveness of the 
Campaign using certain specified data. This independent entity 
is also required to ensure the effectiveness of the Media 
Campaign is evaluated in a manner that enables consideration of 
whether the Media Campaign has contributed to reduction of 
illicit drug use by youth and such other measures of evaluation 
as the Director determines are appropriate.
    The bill requires that 77 percent of the amounts 
appropriated for the Media Campaign must be used for the 
purchase of advertising time and space. The limit changes to 82 
percent when less than $125 million is appropriated for the 
program, and 72 percentwhen more than $195 million is 
appropriated for the program. The bill prohibits funding for 
advertising not containing a primary message intended to prevent 
illicit drug use or intended to promote support for the Media Campaign 
or private sector contributions to the Media Campaign. In addition to 
the existing prohibition on expenditure of campaign funds for partisan 
political activity, the bill prohibits express advocacy in support of 
or to defeat any clearly identified candidate, clearly identified 
ballot initiative, or clearly identified legislative or regulatory 
proposal. The appearance of certain elected and politically appointed 
officials in Media Campaign advertising is also prohibited.
    The Director is required to ensure that 70 percent of no-
cost match advertising directly relates to substance abuse 
prevention consistent with the specific purposes of the Media 
Campaign. The limit changes to 85 percent in any fiscal year in 
which less than $125 million is appropriated to the Media 
Campaign. In addition, the Director is required to ensure that 
no-cost match advertising that does not directly relate to 
substance abuse prevention include a clear anti-drug message, 
which is not required to be the primary message of the match 
advertising.
    The bill provides that the Partnership for a Drug-Free 
America shall serve as the primary outside strategic advisor to 
the campaign and be responsible for coordinating donations of 
creative and other services to the campaign, except those 
funded under authorities provided elsewhere in the bill. The 
Director shall inform the Partnership of the strategic goals of 
the campaign and consider advice from the Partnership on 
campaign strategy.
    The bill also restates provision of current law requiring 
certain information on local treatment resources to be included 
in Media Campaign advertising where feasible.
    Congress makes several findings regarding marijuana use by 
America's youth. The Director is authorized to emphasize 
prevention of youth marijuana use in advertising and activities 
otherwise authorized in this section.
    The bill requires an annual report to Congress on the 
performance of the Media Campaign. The Media Campaign is 
authorized at $195 million in Fiscal Years 2006 and 2007, and 
at $210 million in Fiscal Years 2008 through 2010.

Section 113. Drug interdiction

    This section replaces the previously existing law with new 
provisions that establish and define the functions and role of 
the United States Interdiction Coordinator (USIC) and the 
Interdiction Committee (TIC). The Deputy Director for Supply 
Reduction of the Office serves as the USIC, and is responsible 
for (1) coordinating the interdiction activities of the 
National Drug Control Program agencies to ensure consistency 
with the National Drug Control Strategy; (2) issuing the annual 
National Interdiction Command and Control Plan (NICCP); (3) 
assessing the sufficiency of assets committed to illicit drug 
interdiction by the relevant National Drug Control Program 
agencies; and (4) advising the Director on the efforts of each 
National Drug Control Program agency to implement the NICCP. 
The NICCP is required to (1) set forth the Government's 
strategy for drug interdiction; (2) state the specific roles 
and responsibilities of the relevant National Drug Control 
Program agencies for implementing that strategy; and (3) 
identify the specific resources required to enable the relevant 
National Drug Control Program agencies to implement that 
strategy.
    This section also authorizes the TIC, which is to meet to 
(1) discuss and resolve issues related to the coordination, 
oversight and integration of international, border, and 
domestic drug interdiction efforts in support of the National 
Drug Control Strategy; (2) review the annual NICCP, and provide 
advice to the Director and the USIC concerning that plan; and 
(3) provide such other advice to the Director concerning drug 
interdiction strategy and policies as the committee determines 
is appropriate. The TIC is required to meet in person at least 
once per year, with additional meetings subject to the call of 
the Director or the chairman of the TIC.
    The section includes a conforming amendment that modifies 
the Homeland Security Act of 2002 (6 U.S.C. 458), to delete the 
reference to the USIC position from the description of the 
position of Director of Counternarcotics Enforcement at the 
Department of Homeland Security.

Section 114. Authorization of appropriations

    Section 114 authorizes appropriations for ONDCP activities 
through fiscal year 2010. Except for activities otherwise 
specified, such sums as are necessary are authorized to be 
appropriated for fiscal years 2006 through 2010.

Section 115. Technical amendments and repeal

    This section deletes obsolete references elsewhere in the 
Code, and repeals the Special Forfeiture Fund.

Section 116. Requirement for disclosure of Federal sponsorship of all 
        Federal advertising or other communication materials

    This section requires that each advertisement or other 
communication paid for by the Office, either directly or 
through a contract awarded by the Office, shall include a 
prominent notice informing the target audience that the 
advertisement or other communication is paid for by the Office.

Section 117. Policy relating to syringe exchange programs

    This section further amends Section 703(a) (21 U.S.C. 
1702(a)) by adding a requirement that when developing the 
national drug control policy, any policy of the Director 
relating to syringe exchange programs for intravenous drug 
users shall be based on the best available medical and 
scientific evidence regarding their effectiveness in promoting 
individual health and preventing the spread of infectious 
disease, and their impact on drug addiction and use. The 
Director is required, when making any policy relating to 
syringe exchange programs, to consult with the National 
Institutes of Health and the National Academy of Sciences.

                   Title II--Clean Sports Act of 2005


Section 201. Addition of minimum drug testing standards to the Office 
        of National Drug Control Policy Act

    Section 201 amends the Office of National Drug Control 
Policy Reauthorization Act of 1998 by inserting a new 
substitute known as the ``Clean Sports Act of 2005,'' with the 
following sections:

Section 721. Short title

    This section designates the subtitle of the bill as the 
``Clean Sports Act of 2005.''

Section 722. Findings and purpose

    Throughout the Committee's investigation into the use of 
steroids and performance-enhancing drugs, it became clear that 
the use of those drugs by minors is a public health problem of 
national significance. Experts estimate that over half a 
million high school students have tried steroids and abused 
performance-enhancing drugs. The use of these drugs can be 
detrimental to one's health, especially in young children and 
teenagers.
    Additionally, the Committee found that professional 
athletes are role models for young athletes and influence the 
behavior of children and young teenagers. The real or perceived 
tolerance of the use of performance-enhancing substances by 
college and professional athletes has resulted in increased 
pressure on children and teenagers to use performance-enhancing 
drugs in order to advance their athletic careers.
    The purpose of the Clean Sports Act is to protect the 
integrity of professional sports and the health and safety of 
athletes generally by establishing minimum standards for the 
testing of steroids and other performance-enhancing substances 
by professional sports leagues. The legislation aims not only 
to eliminate performance-enhancing drug use on a professional 
level, but also to send a message to the young people of 
America: steroids are illegal, dangerous, and can be deadly. 
There is no place for these drugs in sports or on school 
grounds.
    Finally, in anticipation of the viability of gene-doping or 
genetic modification for performance enhancement, and the 
foreseeable difficulty in detecting such modification, the 
Committee would like to see a prohibition against gene-doping 
and feels that professional sports should implement policies 
and procedures to address gene-doping and other emerging 
enhancement methods.

Section 723. Definitions

    This section clarifies the definition of various terms 
related to doping control and professional sports defined in 
the Act. The term ``anti-doping code'' means the doping 
controls standards established in the United States Anti-Doping 
Agency Protocol of the Olympic Movement Testing. The term 
``Director'' means the Director of the Office of National Drug 
Control Policy who is responsible for formulating and 
implementing the nation's drug policy.
    The legislation applies to four major American sports. The 
``major professional leagues'' identified in the Act are Major 
League Baseball, the National Basketball Association, the 
National Football League, and the National Hockey League. 
Additionally, the definitions for ``prohibited method'' and 
``prohibited substance'' are as listed and described in the 
Anti-Doping Code.

Section 724. Minimum uniform testing standards

    This section requires that Major League Baseball, the 
National Football League, the National Basketball Association, 
and the National Hockey League adopt drug testing standards 
that are consistent with, and at least as stringent as, the 
Olympic standard established by the U.S. Anti-Doping Agency. 
Absent these standards, it shall be unlawful for a major 
professional league to arrange, promote, organize, or produce a 
professional game. At a minimum, each league must adopt the 
list of prohibited performance-enhancing drugs included in the 
Olympic Anti-Doping Code. This list includes steroids (both 
those scheduled by the DEA, and newer ``designer'' steroids), 
amphetamines and other illegal stimulants, illegal hormones, 
and ``illegal methods,'' such as blood or gene doping.
    At minimum, each league must test each player, on an 
unannounced basis at least three times during the regular 
season and at least twice during the off-season. The testing 
policies and procedures must be independently administered. 
Each professional league must adopt the same stringent 
penalties for positive tests as the Olympic standard: a two-
year ban for the first violation and a lifetime ban for the 
second.
    The provision that standards must be consistent with and as 
stringent as the Olympic Code requires that although specific 
provisions are not spelled out in this legislation, the 
standards put in place for professional sports require testing 
for the use of designer steroids and blood and gene doping, 
eliminate the opportunities for cheating on drug tests, contain 
provisions for ``non-analytical positives,'' and retain the 
strict protections against performance-enhancing drug use 
contained in the Olympic code.
    The legislation guarantees that players who test positive 
receive their due process rights, including the right to 
notice, a fair, timely, and expedited hearing, the right to be 
represented by counsel, and the right to appeal. The 
legislation also allows penalties to be reduced for a positive 
test if the athlete establishes that he did not know or 
suspect, and could not reasonably have known or suspected, that 
he had used the prohibited substance. Finally, the legislation 
requires that information regarding a drug-related suspension 
be made public.

Section 725. Promulgation of standards by the Director of the Office of 
        National Drug Control Policy

    The Director is also given the authority to require that 
additional professional sports leagues, or NCAA Division I and 
II sports, meet the same stringent standards as MLB, the NFL, 
the NBA, and the NHL. The Director may also modify the 
standards for individual leagues for exceptional circumstances, 
provided that these modifications do not reduce the 
effectiveness of the standards.

Section 726. Enforcement by the Federal Trade Commission

    The legislation give the Federal Trade Commission the 
authority to issue and enforce these regulations and provides 
for enhanced civil penalties for violations leading up to 
$1,000,000 for each violation.

Section 727. Reports to Congress

    This section requires major professional sport leagues to 
transmit to the Committee a report on their testing policies 
and procedures. The report is required to include a comparison 
of the major professional league's policy to that of the United 
States Anti-Doping Agency and provide rationale for the 
differences between the policies. The report must also include 
aggregate data on the number of players tested and number of 
tests conducted during the season of play and off-season. A 
separate provision requires the aforementioned report to be 
submitted every two years following the initial report.
    This section also requires the ONDCP Director to submit a 
report to the Committee including recommendations for improving 
any Federal law governing controlled substances as may be 
necessary for reducing the use of steroids and other 
performance-enhancing substances.

Section 728. Promulgation of standards by the United States Boxing 
        Commission

    This section requires that, should the United States Boxing 
Commission be established, it shall adhere to the performance-
enhancing substance testing standards that are consistent with 
the standards established in section 724.

Section 729. Study on college testing policies and procedures

    This section requires the Government Accountability Office 
(GAO) to examine performance-enhancing drug use by college 
athletes and drug testing policies of inter-collegiate athletic 
associations and college and university athletic departments. 
The report should assess the adequacy of testing policies and 
include recommendations to Congress regarding whether 
intercollegiate and interscholastic athletic associations 
should be required to meet the same stringent testing policies 
as the major professional sport leagues.

Section 730. Commission on high school and collegiate athletics

    The legislation establishes a Commission to report on the 
use of performance-enhancing drugs in high school and college 
athletics, and to provide recommendations for reducing their 
use.

Section 731. Sense of Congress

    As outlined in this section, it is the sense of Congress 
that all professional sports should implement strong drug 
testing policies and procedures to ensure that American 
professional sport leagues are world leaders in the effort to 
keep steroids and other performance-enhancing drugs out of 
sports. Congress also feels strongly that all professional 
sport leagues should implement policies and procedures that 
address the development of designer steroids and emerging 
methods for doping, including gene doping, that enhance sport 
performance, are potential or actual health risks, and are 
contrary to the spirit of the sport. Officials in the athletic 
community anticipate a market for genetic enhancement, and fear 
that such genetic enhancement will be abused in the same manner 
as steroids. However, such illicit enhancement would also 
present more difficult challenges for detection. By adopting 
the USADA protocol that explicitly prohibits gene-doping, and 
by addressing the importance of having policies and procedures 
in place regarding gene-doping, genetic modification and other 
enhancement methods, the Clean Sports Act creates a preemptory 
disincentive for athletes to pursue gene-doping.
    Additionally, each major professional league should produce 
and publicize public service announcements regarding the health 
and safety consequences of steroids and other similar 
performance-enhancing substances on children and teenagers.

Section 732. Effective date

    This section stipulates that this subtitle shall take 
effect one year after enactment. Professional sport leagues 
will have one full year to come into compliance with the law.

                       Explanation of Amendments

    The provisions of the substitute, as it was amended, are 
explained in this report.

                        Committee Consideration

    On June 16, 2005, the Committee met in open session and 
ordered reported favorably the bill, H.R. 2829, as amended, by 
voice vote, a quorum being present.

                             Rollcall Votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill reauthorizes the Office of National Drug Control 
Policy and enacts a new program for the regulation of illegal 
steroids use in professional sports.
    Legislative branch employees and their families, to the 
extent that they are otherwise eligible for the benefits 
provided by this legislation, have equal access to its 
benefits.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 2829. The Committee finds the authority for 
this legislation in article I, section 8 of the Constitution.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement whether 
the provisions of the reported include unfunded mandates. In 
compliance with this requirement the Committee has received a 
letter from the Congressional Budget Office included herein.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 2829. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 2829 from the Director of 
the Congressional Budget Office:

                                                    August 5, 2005.
Hon. Tom Davis,
Chairman, Committee on Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed estimate for H.R. 2829, a bill to 
reauthorize the Office of National Drug Control Policy Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Matthew 
Pickford (for federal costs), Sarah Puro (for the state and 
local impact), and Paige Piper/Bach (for the private-sector 
impact).
            Sincerely,
                                               Douglas Holtz-Eakin.
    Enclosure.

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

    Summary: H.R. 2829 would reauthorize operations of the 
Office of National Drug Control Policy (ONDCP) and programs 
administered by that office through 2010. Major programs 
administered by that office include the High-Intensity Drug 
Trafficking Areas program, the National Youth Anti-Drug Media 
Campaign, and the Counterdrug Technology Assessment Center. In 
addition, the legislation would direct ONDCP to oversee drug 
policies of professional sports leagues. Under the bill, those 
leagues would be required to ban the use of certain drugs and 
set mandatory minimum drug-testing requirements for 
professional athletes. The bill would increase penalties for 
leagues and athletes that do not comply with those 
requirements.
    Assuming the appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 2829 would cost about $3.1 
billion over the 2006-2010 period. Of this total, about $2.2 
billion would result from amounts specifically authorized for 
the National Youth Anti-Drug Media Campaign and High-Intensity 
Drug Trafficking Areas. In addition, by authorizing the Federal 
Trade Commission (FTC) to enforce the law regarding the use of 
performance-enhancing drugs in professional sports leagues, 
enacting H.R. 2829 could increase direct spending and revenues, 
but CBO estimates that any such effects would be negligible.
    H.R. 2829 contains two intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA), but CBO 
cannot determine if the costs would exceed the threshold 
established in that act ($62 million in 2005, adjusted annually 
for inflation).
    H.R. 2829 would impose several private-sector mandates as 
defined in UMRA on major professional sports leagues. CBO 
estimates that the total direct cost of those mandates would 
fall well below the annual threshold established by UMRA for 
private-sector mandates ($123 million in 2005, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2829 is shown in the following table. 
The costs of this legislation fall within budget functions 370 
(commerce and housing credit), 750 (administration of justice), 
and 800 (general government).
    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the end of fiscal year 2005, that the 
necessary amounts will be provided each year, and that spending 
will follow historical patterns for the ONDCP and its programs.

Spending subject to appropriation

    The bill would reauthorize all the programs of ONDCP 
through 2010. The current authorization for ONDCP expired at 
the end of fiscal year 2003 (although the office continued to 
receive funding in 2004 and 2005). Based on information from 
ONDCP and historical spending patterns of the agency, CBO 
estimates that these authorizations, if funded, would result in 
outlays of about $400 million in 2006 and about $3.1 billion 
over the 2006-2010 fiscal year.
    High-Intensity Drug Trafficking Areas. Section 109 would 
authorize the appropriation of $280 million in fiscal year 
2006, $290 million a year for 2007 and 2008, and $300 million a 
year for 2009 and 2010 for the High-Intensity Drug Trafficking 
Areas program. This program coordinates drug-control efforts 
among local, state, and federal law enforcement agencies. 
Assuming appropriation of the specified amounts, CBO estimates 
that implementing this provision would cost $70 million in 
fiscal year 2006 and $1.2 billion over the 2006-2010 period.
    National Youth Anti-Drug Media Campaign. Section 112 would 
authorize the appropriation of $195 million in each of fiscal 
years 2006 and 2007, and $210 million a year for the 2008-2010 
period for the National Youth Anti-Drug Media Campaign (NYADMC) 
program. NYADMC delivers anti-drug messages through mass 
communications to help prevent and reduce youth drug use. 
Assuming appropriations of the specified amounts, CBO estimates 
that implementing this provision would cost $176 million in 
2006 and about $1 billion over the 2006-2010 period.

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2005     2006     2007     2008     2009     2010
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law for ONDCP:
    Budget Authority\1\...................................      508        0        0        0        0        0
    Estimated Outlays.....................................      504      201       34       11        0        0
Proposed Changes:
    High-Intensity Drug Trafficking Areas:
        Authorization Level...............................        0      280      290      290      300      300
        Estimated Outlays.................................        0       70      241      275      292      299
    National Youth Anti-Drug Media Campaign:
        Authorization Level...............................        0      195      195      210      210      210
        Estimated Outlays.................................        0      176      195      209      210      210
    Other Federal Drug Control Programs:
        Estimated Authorization Level.....................        0       95       96       98      101      103
        Estimated Outlays.................................        0       79       92       96       98      100
    Counterdrug Technology Assessment Center:
        Estimated Authorization Level.....................        0       43       43       44       45       46
        Estimated Outlays.................................        0       40       43       44       45       46
    Office of National Drug Control Policy:
        Estimated Authorization Level.....................        0       28       29       30       30       31
        Estimated Outlays.................................        0       24       28       30       30       31
    Drug Standards for Professional Sports:
        Estimated Authorization Level.....................        0        8        8        8        8        8
        Estimated Outlays.................................        0        7        8        8        8        8
    Other Provisions:
        Estimated Authorization Level.....................        0        7        7        7        7        7
        Estimated Outlays.................................        0        6        7        7        7        7
        Total Proposed Changes:
        Estimated Authorization Level.....................        0      656      668      687      701      705
        Estimated Outlays.................................        0      402      614      668      690      701
Total Spending Under H.R. 2829 for ONDCP:
    Estimated Authorization Level\1\......................      508      656      668      687      701      705
    Estimated Outlays.....................................      504      603      648      679      690     701
----------------------------------------------------------------------------------------------------------------
\1\The 2005 level is the amount appropriated for that year for programs administered by the Office of National
  Drug Control Policy.
Notes.--Components may not sum to totals because of rounding.

    Other Federal Drug Control Programs. H.R. 2829 would 
authorize the appropriation of such sums as necessary to 
operate other federal drug-control programs (excluding NYADMC) 
through fiscal year 2010. Those include the Drug-Free 
Communities program, National Drug Court Institute, and the 
U.S. Anti-Doping Agency. Based on the level of funding for 
2005, information from ONDCP, and adjusting for anticipated 
inflation, CBO estimates that implementing the programs would 
cost about $80 million in 2006 and $465 million over the 2006-
2010 period.
    Counterdrug Technology Assessment Center. The legislation 
would authorize the appropriation of such sums as necessary to 
operate the Counterdrug Assessment Center. The center 
coordinates counterdrug research and development activities for 
the federal government. Because the bill did not specify 
funding levels, CBO estimated the costs by adjusting 2005 
funding for anticipated inflation. On that basis, we estimate 
that operation of the center would cost $40 million in 2006 and 
$218 million over the 2006-2010 period.
    Office of National Drug Control Policy. H.R. 2829 would 
authorize the appropriation of such sums as necessary for 
ONDCP. The office establishes policies, priorities, and 
objectives for federal drug-control programs. Assuming 
appropriation of the necessary amounts, CBO estimates that 
these activities would cost $24 million in 2006 and $143 
million over the 2006-2010 period. This estimate is based on 
historical spending patterns and assumes that the appropriation 
for 2005 is adjusted for anticipated inflation.
    Drug Standards for Professional Sports. Title II would 
require Major League Baseball (MLB), the National Football 
League (NFL), the National Basketball Association (NBA), and 
the National Hockey League (NHL) to adopt the performance-
enhancing drug standards established by the U.S. Anti-Doping 
Agency. Those standards include a list of drugs that athletes 
are prohibited to use (i.e., steroids, amphetamines, and 
illegal hormones) and minimum drug-testing requirements. The 
legislation also would create mandatory penalties for 
individuals who fail such tests. ONDCP would oversee the 
professional sports drug standards and have the authority to 
require other professional or collegiate sports leagues to 
comply with the new drug standards. Finally, the legislation 
would require the agency,working through a commission, to 
report on the use of performance-enhancing drugs in college and high 
school sports.
    Based on information from ONDCP, CBO expects that three new 
attorneys and requisite support staff would be required to 
oversee the drug policies of MLB, the NFL, the NBA, and the 
NHL. This would include promulgating standards for leagues to 
follow and preparing annual reports to the Congress. In 
addition, the agency would be required to study the use of 
performance-enhancing drugs in high school and collegiate 
sports. The commission would report to the Congress annually 
with recommendations for reducing drug use. ONDCP expects that 
this provision would require the agency to conduct an annual 
survey on steroid use among high school and college athletes. 
Based on information from ONDCP, CBO estimates that this study 
and additional personnel would cost $7 million in 2006 and 
about $40 million over the 2006-2010 period.
    Other Provisions. Section 106 would require ONDCP to 
produce a biannual plan to increase the coordination among 
federal agencies working to combat illegal drug use. Based on 
information from ONDCP, CBO estimates that completing such 
plans would cost $3 million a year.
    Section 113 would amend the responsibilities and 
authorities of the United States Interdiction Coordinator. 
Based within the ONDCP, the U.S. Interdiction Coordinator would 
be responsible for coordinating efforts to prevent drugs from 
entering the United States. Based on information from ONDCP and 
the Department of Homeland Security, CBO estimates that 
increased staffing levels and new reporting requirements 
necessary under the bill would cost $2 million annually.
    The legislation includes other provisions that would 
establish new reporting requirements and procedures for 
preparing budget requests for ONDCP. CBO estimates that those 
provisions would cost $2 million annually.

Revenues and direct spending

    H.R. 2829 would give the FTC the authority to pursue 
enforcement over the use of performance-enhancing drugs in 
professional sports leagues. However, CBO expects that the 
sports leagues would comply with the new minimum drug 
standards. Therefore, CBO expects that any increase in civil 
penalties resulting from enactment of H.R. 2829 would be 
insignificant. (Such penalties are recorded in the budget as 
revenues.)
    Estimated impact on state, local, and tribal governments: 
H.R. 2829 contains two intergovernmental mandates as defined in 
UMRA: a preemption of state privacy laws and new authority for 
the Director of ONDCP to regulate public institutions of higher 
education. Section 724 (9) would require professional sporting 
leagues to publicly disclose the identity of any player who 
tests positive for a banned substance. That requirement would 
preempt numerous state privacy protections but would likely 
impose no costs on state, local, or tribal governments.
    The bill also would give the ONDCP director the authority 
to extend testing standards to colleges and athletes in 
Divisions I and II of the National Collegiate Athletic 
Association (NCAA)--more than half of such colleges are public. 
Such a requirement could be costly to those institutions. It is 
unclear if the ONDCP director would choose to extend testing 
requirements to colleges and college athletes or what testing 
requirements would be included if the program was extended to 
such athletes. If the director chose to extend testing 
requirements, institutions participating in Divisions I and II 
of the NCAA could be required to test athletes multiple times 
per year for substances for which they do not currently test, 
imposing significant costs on such institutions. For example, 
information from ONDCP indicates that drug tests that conform 
to United States Anti-Doping standards could cost up to $600 
per test; the current NCAA random testing program costs over 
$300 per test, including administrative costs. Until future 
regulations and testing regimes are clearly defined, CBO is 
unable to estimate the total costs that would result from 
enacting this provision.
    Title I would establish new requirements for existing 
programs administered by the Office of National Drug Control 
Policy. Any costs incurred by state, local, and tribal as a 
result of those provisions would result from participating in a 
voluntary federal program.
    Estimate impact on the private sector: H.R. 2829 would 
impose several private-sector mandates, as defined in UMRA, on 
major professional sports leagues. CBO estimates that the total 
direct cost of those mandates would fall well below the annual 
threshold established by UMRA for private-sector mandates ($123 
million in 2005, adjusted annually for inflation).
    The bill would require Major League Baseball, the National 
Football League, the National Basketball Association, and the 
National Hockey League to implement drug-testing programsfor 
performance-enhancing drugs consistent with the standard established by 
the U.S. Anti-Doping Agency (USADA). The leagues would be required to 
test, without advance notice, their players at least three times during 
the regular season and at least twice during the off-season. Currently, 
the sports leagues conduct their own testing, so the cost of the 
mandate would be the increase in cost attributable to the additional 
drug testing. Based on information from the USADA, the cost of drug 
testing of athletes could be up to $600 per test. The cost of the 
testing would include locating the athletes in the off-season, shipping 
charges, and the comprehensive analysis of samples at a laboratory 
approved by the USADA. According to representatives of the major sports 
leagues, approximately 4,000 athletes would need to be tested. 
Therefore, CBO estimates that the direct cost would not be as large 
relative to the threshold.
    H.R. 2829 also would require the leagues to certify to the 
Director of the Office of National Drug Control Policy that it 
has consulted with the USADA in the development of their test-
distribution planning, method of testing, and adjudication 
process. Under the bill, the leagues also would be required to 
publicly disclose the identity of any athlete who has tested 
positive, the penalty imposed, and the tested substance. In 
addition, the leagues would be required to provide certain 
reports to the Congress. Currently, the leagues have their own 
procedures for test distribution, testing, and adjudication as 
well as providing some public disclosure of test results and 
penalties. Thus, CBO expects that the cost to comply with those 
mandates would be small.
    In addition, H.R. 2829 could impose a new mandate if the 
United States Boxing Commission is established. The bill would 
require the Commission to implement drug-testing programs for 
professional boxing consistent with the standard established by 
the USADA. According to the Association of Boxing Commissions, 
almost all states currently require drug testing of boxers 
prior to professional fights. This bill would expand the number 
of drug tests and could include as many as 7,000 boxers to be 
tested. However, the bill does not specify who would be 
responsible for the cost of the drug testing.
    Previous CBO estimates: On July 7, 2005, CBO transmitted a 
cost estimate for H.R. 2565, a bill to reauthorize the Office 
of National Drug Control Policy Act and to establish minimum 
drug-testing standards for major professional sports leagues, 
as ordered reported by the House Committee on Government Reform 
on May 26, 2005. On July 18, 2005, CBO transmitted a cost 
estimate for H.R. 3084, the Drug Free Sports Act, as ordered 
reported by the House Committee on Energy and Commerce on June 
29, 2005.
    H.R. 2829 and H.R. 2565 are similar; both bills would 
reauthorize ONDCP and programs administered through that office 
through 2010. CBO estimates that H.R. 2829 would authorize the 
appropriation of more funds over the 2006-2010 period, 
including activities that are not authorized by H.R. 2565.
    In addition, all three bills would establish requirements 
for professional sports related to performance-enhancing 
substances, although H.R. 3084 would implement that effort 
through the Department of Commerce rather than ONDCP.
    All three bills would preempt state privacy protections, 
but H.R. 2829 and H.R. 2565 contain a potentially costly 
provision that would give the director of ONDCP the authority 
to extend testing standards to colleges in Divisions I and II 
of the National Collegiate Athletic Association--more than half 
of which are public. The mandates statements reflect the 
differences.
    The three pieces of legislation would require testing for 
performance-enhancing substances of professional athletes. H.R. 
2829 and H.R. 2565 could require the professional boxing 
industry to test their boxers if the U.S. Boxing Commission is 
established. That requirement is not in H.R. 3084. H.R. 3084 
would require more sports leagues, adding Major League Soccer 
and Arena Football, to test their athletes than H.R. 2829 and 
H.R. 2565.
    Estimate prepared by: Federal Costs: Matthew Pickford. 
Impact on State, Local, and Tribal Governments: Sarah Puro. 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

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

 OFFICE OF NATIONAL DRUG CONTROL POLICY ACT REAUTHORIZATION ACT OF 1998


   TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION


           Subtitle A--Office of National Drug Control Policy

SEC. 701. SHORT TITLE.

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

SEC. 702. DEFINITIONS.

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

  (a) Establishment of Office.--There is established in the 
Executive Office of the President an Office of National Drug 
Control Policy, which shall--
          (1) develop national drug control policy;
          (2) coordinate and oversee the implementation of that 
        national drug control policy;
          (3) assess and certify the adequacy of national drug 
        control programs and the budget for those programs; and
          [(4) evaluate the effectiveness of the national drug 
        control programs.]
          (4) evaluate the effectiveness of the national drug 
        control policy and the National Drug Control Program 
        agencies' programs, by developing and applying specific 
        goals and performance measurements.
When developing the national drug control policy, any policy of 
the Director relating to syringe exchange programs for 
intravenous drug users shall be based on the best available 
medical and scientific evidence regarding their effectiveness 
in promoting individual health and preventing the spread of 
infectious disease, and their impact on drug addiction and use. 
In making any policy relating to syringe exchange programs, the 
Director shall consult with the National Institutes of Health 
and the National Academy of Sciences.
  (b) Director and Deputy Directors.--
          (1) Director.--There shall be at the head of the 
        Office a Director of National Drug Control Policy, who 
        shall hold the same rank and status as the head of an 
        executive department listed in section 101 of title 5, 
        United States Code.
          (2) Deputy director of national drug control 
        policy.--There shall be in the Office a Deputy Director 
        of National Drug Control Policy, who shall assist the 
        Director in carrying out the responsibilities of the 
        Director under this [title] subtitle.
          (3) Other deputy directors.--There shall be in the 
        [Office--] Office the following additional Deputy 
        Directors--
                  (A) a Deputy Director for Demand Reduction, 
                who shall be responsible for the activities 
                described in subparagraphs (A) through [(G)] 
                (I) of section 702(1);
                  (B) a Deputy Director for Supply Reduction, 
                [who shall] who shall have substantial 
                experience and expertise in drug interdiction 
                operations and other supply reduction 
                activities, and who shall serve as the United 
                States Interdiction Coordinator and be 
                responsible for the activities described in 
                subparagraphs (A) through (C) of section 
                702(11); and
                  (C) a Deputy Director for State and Local 
                Affairs, who shall be responsible for the 
                activities described in subparagraphs (A) 
                through [(C)] (E) of section 702(10) [and 
                subparagraph (D) of section 702(11)], and 
                sections 707 and 708 of this Act.

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

  (d) Powers of the Director.--In carrying out subsection (b), 
the Director may--
          (1) select, appoint, employ, and fix compensation of 
        such officers and employees of the Office as may be 
        necessary to carry out the functions of the Office 
        under this [title] subtitle;

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

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

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

           *       *       *       *       *       *       *


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

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

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

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

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

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

SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

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

SEC. 708. COUNTER-DRUG TECHNOLOGY ASSESSMENT CENTER.

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

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

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

SEC. 709. NATIONAL YOUTH ANTIDRUG MEDIA CAMPAIGN.

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

           *       *       *       *       *       *       *


SEC. 711. DRUG INTERDICTION.

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

           *       *       *       *       *       *       *


[SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

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

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

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

           *       *       *       *       *       *       *


SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

                  Subtitle B--Clean Sports Act of 2005

SEC. 721. SHORT TITLE.

  This subtitle may be cited as the ``Clean Sports Act of 
2005''.

SEC. 722. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds the following:
          (1) The use of anabolic steroids and other 
        performance-enhancing substances by minors is a public 
        health problem of national significance.
          (2) Experts estimate that over 500,000 teenagers have 
        used performance-enhancing substances, which medical 
        experts warn can cause a litany of health problems for 
        individuals who take them, in particular children and 
        teenagers.
          (3) The adverse health effects caused by steroids and 
        other performance-enhancing substances include stunted 
        growth, scarring acne, hair loss, dramatic mood swings, 
        hormonal and metabolic imbalances, liver damage, a 
        higher risk of heart disease and stroke later in life, 
        as well as an increased propensity to demonstrate 
        aggressive behavior, commit suicide, and commit crimes.
          (4) Professional athletes are role models for young 
        athletes and influence the behavior of children and 
        teenagers.
          (5) Congressional testimony by parents of minors who 
        used performance enhancing drugs, as well as medical 
        and health experts, indicates that the actual or 
        alleged use of performance-enhancing substances by 
        professional athletes results in the increased use of 
        these substances by children and teenagers.
          (6) Surveys and studies suggest a connection between 
        the actual or alleged use of performance-enhancing 
        substances by college and professional athletes and the 
        increased use of these substances by children and 
        teenagers.
          (7) The real or perceived tolerance of the use of 
        performance-enhancing substances by professional 
        athletes has resulted in both increased pressure on 
        children and teenagers to use performance-enhancing 
        drugs in order to advance their athletic careers and to 
        professional sports loss of integrity.
          (8) The adoption by professional sports leagues of 
        strong policies to eliminate the use of performance-
        enhancing substances would result in the reduced use of 
        these substances by children and teenagers.
          (9) Minimum drug testing standards for professional 
        sports established by Federal law would ensure the 
        adoption of strong policies to eliminate the use of 
        performance-enhancing substances in professional 
        sports.
          (10) Minimum drug testing standards for professional 
        sports established by Federal law would help return 
        integrity to professional sports.
          (11) Congress has for several years expressed a 
        strong interest in the problem of the role of 
        performance-enhancing drugs in professional sports and 
        other levels of sports.
          (12) Congress has for several years regulated the use 
        of anabolic steroids and other performance-enhancing 
        substances.
          (13) Recent Federal laws regulating the use of 
        anabolic steroids and other performance-enhancing 
        substances were enacted in large part to reduce the 
        prevalence of these substances in sports.
          (14) Congress has for several years regulated both 
        professional and amateur sports.
  (b) Purpose.--The purpose of this subtitle is to protect the 
integrity of professional sports and the health and safety of 
athletes generally by establishing minimum standards for the 
testing of steroids and other performance-enhancing substances 
by professional sports leagues.

SEC. 723. DEFINITIONS.

  In this subtitle:
          (1) Anti-doping code.--The term ``anti-doping code'' 
        means the doping control standards established in the 
        United States Anti-Doping Agency Protocol for Olympic 
        Movement Testing (excluding substances or methods 
        prohibited in a particular sport, as defined in such 
        protocol).
          (2) Commission.--The term ``Commission'' means the 
        Federal Trade Commission.
          (3) Director.--The term ``Director'' means the 
        Director of the Office of National Drug Control Policy.
          (4) Major professional league.--The term ``major 
        professional league'' means Major League Baseball, the 
        National Basketball Association, the National Football 
        League, and the National Hockey League or any successor 
        organization to those leagues.
          (5) Off-season.--The term ``off-season'' means the 
        period of time in each calendar year outside of the 
        season of play for each major professional league.
          (6) Professional athlete.--The term ``professional 
        athlete'' means an individual who competes in a major 
        professional league.
          (7) Professional game.--The term ``professional 
        game'' means any game held in the United States between 
        any professional teams of a major professional league.
          (8) Prohibited method or substance.--
                  (A) Prohibited method.--The term ``prohibited 
                method'' means a method listed and described in 
                the Anti-Doping Code.
                  (B) Prohibited substance.--The term 
                ``prohibited substance'' means a substance 
                listed and described in the Anti-Doping Code.
                  (C) Period of prohibition.--A substance 
                prohibited in-competition by the Anti-Doping 
                Code shall be a prohibited substance only 
                during the season of play. Only a substance or 
                method prohibited out-of-competition by the 
                Anti-Doping Code shall be a prohibited 
                substance or method during the off-season.
          (9) Season of play.--
                  (A) In general.--The term ``season of play'' 
                for each major professional league means the 
                period of time in each calendar year beginning 
                with the date on which professional athletes of 
                that major professional league are collectively 
                obligated to report to their teams in 
                preparation for play and ending with the last 
                game of the major professional league's regular 
                season.
                  (B) Post-season.--The season of play shall 
                include post-season play for an athlete who is 
                a member of a team that remains active in post-
                season play.

SEC. 724. MINIMUM UNIFORM TESTING STANDARDS.

  (a) Conduct Prohibited.--It shall be unlawful for a major 
professional league to arrange, promote, organize, or produce a 
professional game without meeting the requirements in 
subsection (b).
  (b) Minimum Testing Requirements.--Each major professional 
league shall implement policies and procedures for the testing 
of the use of prohibited substances by professional athletes 
who compete in each respective major professional league which 
shall be independently administered and shall be consistent 
with and as stringent as the doping control standard 
established by the United States Anti-Doping Agency, and which 
shall, at minimum, include the following:
          (1) Timing and frequency of testing.--
                  (A) In general.--Each professional athlete 
                shall be tested a minimum of 5 times each 
                calendar year that such athlete is competing in 
                games organized by the major professional 
                league.
                  (B) Timing.--Each athlete shall be tested--
                          (i) at least 3 times, each with no 
                        advance notice, during each season of 
                        play; and
                          (ii) at least 2 times, each with no 
                        advance notice, during the off-season.
          (2) Test distribution planning.--Each major 
        professional league shall certify to the Director on or 
        prior to December 31 of each year that it has consulted 
        with the United States Anti-Doping Agency in the 
        development of its test distribution plan for both 
        season of play and off-season testing.
          (3) Method of testing.--Each major professional 
        league shall certify to the Director on or prior to 
        December 31 of each year that it has consulted with the 
        United States Anti-Doping Agency in the development of 
        its drug testing protocols for both season of play and 
        off-season testing.
          (4) Applicable substances.--Each professional athlete 
        shall be tested for all prohibited substances at the 
        time of each test. A major professional league may make 
        exceptions for any prohibited substances that have been 
        properly prescribed by a doctor of medicine licensed in 
        the United States for legitimate and documented 
        therapeutic purposes.
          (5) Analysis of sample.--Each sample provided shall 
        be analyzed by a laboratory approved by the United 
        States Anti-Doping Agency.
          (6) Positive tests.--
                  (A) In general.--A positive test shall 
                consist of the presence in the sample of any 
                prohibited substance or its metabolites or 
                markers, or evidence of the use of a prohibited 
                method, unless that substance was prescribed to 
                the athlete in accordance with paragraph (4).
                  (B) Refusal.--A refusal by a professional 
                athlete to submit to a test or a failure of a 
                professional athlete to submit to a test 
                without compelling justification shall also be 
                considered a positive test.
          (7) Penalties.--
                  (A) General rule.--
                          (i) First violation.--Except as 
                        provided in subparagraph (B), a 
                        professional athlete who tests positive 
                        shall be immediately suspended for a 
                        minimum of 2 years for a first 
                        violation. All suspensions shall 
                        include a loss of pay for the period of 
                        the suspension.
                          (ii) Second violation.--A second 
                        violation shall result in a lifetime 
                        ban of the professional athlete from 
                        all major professional leagues.
                  (B) Exceptions.--
                          (i) Knowledge of the athlete.--A 
                        major professional league may impose a 
                        lesser penalty than provided in 
                        subparagraph (A) or no penalty if the 
                        professional athlete establishes that 
                        he did not know or suspect, and could 
                        not reasonably have known or suspected 
                        even with the exercise of utmost 
                        caution, that he had used the 
                        prohibited substance.
                          (ii) Assistance in identifying 
                        violations.--A major professional 
                        league may impose a lesser penalty than 
                        provided in subparagraph (A) if the 
                        professional athlete provides 
                        substantial assistance to the major 
                        professional league in identifying 
                        violations of the league's drug testing 
                        policy by other professional athletes 
                        or assistance in violations of the 
                        league's drug testing policy by any 
                        coach, trainer, manager, agent, team 
                        staff, official, medical, or other 
                        personnel working with or treating 
                        professional athletes participating in 
                        or preparing for sports competition.
          (8) Adjudication.--
                  (A) Consultation.--Each major professional 
                league shall certify to the Director on or 
                prior to December 31 of each year that it has 
                consulted with the United States Anti-Doping 
                Agency in the development of its adjudication 
                process.
                  (B) Due process.--If a professional athlete 
                tests positive, the professional athlete shall 
                have the right to notice, a fair, timely, and 
                expedited hearing, representation by counsel 
                and appeal.
                  (C) Suspension.--During the pendency of any 
                proceedings the professional athlete shall be 
                suspended from participating in any 
                professional game.
          (9) Public disclosure.--
                  (A) Testing.--A major professional league 
                shall publicly disclose the identity of any 
                professional player who has tested positive as 
                well as the prohibited substance or prohibited 
                method for which he tested positive not later 
                than 30 days after receiving the test results.
                  (B) Penalty.--A major professional league 
                shall publicly disclose the name of any 
                penalized athlete, the penalty imposed, the 
                substance for which the player tested positive, 
                and the reason for the penalty not later than 
                15 days after the final disposition of the 
                player's case.

SEC. 725. PROMULGATION OF STANDARDS BY THE DIRECTOR OF THE OFFICE OF 
                    NATIONAL DRUG CONTROL POLICY.

  (a) In General.--The Director shall have the authority to 
promulgate standards that would modify the provisions of 
section 724 as they apply to an individual major professional 
league for exceptional circumstances or for other good cause.
  (b) Effectiveness Maintained.--A modification under 
subsection (a) shall not--
          (1) reduce the effectiveness of the standards in 
        eliminating the use of steroids or other performance-
        enhancing substances in any major professional league; 
        or
          (2) diminish the leadership role of the United States 
        in eliminating the use of steroids or other 
        performance-enhancing substances in sports.
  (c) Inclusion of Additional Leagues.--The Director may 
include an additional professional sporting league or the 
colleges and athletes participating in Division I or Division 
II of the NCAA as a major professional league if the Director 
determines that such additions would prevent the use of 
performance-enhancing substances by high school, college, or 
professional athletes.
  (d) Delegation.--The Director may delegate the administration 
of this subtitle to any other appropriate agency of the Federal 
Government.

SEC. 726. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

  (a) Unfair or Deceptive Acts or Practices.--A violation of 
section 724 shall be treated as a violation of section 18 of 
the Federal Trade Commission Act (15 U.S.C. 57a) regarding 
unfair or deceptive acts or practices.
  (b) Powers of Commission.--
          (1) In general.--The Commission shall issue and 
        enforce the regulations for the enforcement of section 
        724 in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all 
        applicable terms and provisions of the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.) were incorporated 
        into and made a part of this subtitle. Any person who 
        violates such regulations shall be subject to the 
        penalties and entitled to the privileges and immunities 
        provided in that Act.
          (2) Enhanced penalty for violations.--Notwithstanding 
        subsection (a) and the Federal Trade Commission Act, in 
        the case of a person who violates section 724, the 
        Commission may, in its discretion, seek a civil penalty 
        for such violation in an amount, as determined by the 
        Commission, of not more than $1,000,000 for each 
        violation of section 724.
          (3) General authority.--Nothing in this subtitle 
        shall be construed to limit the authority of the 
        Commission under any other provision of law.

SEC. 727. REPORTS TO CONGRESS.

  (a) First League Report.--
          (1) In general.--Not later than 6 months after 
        completion of a professional sports league's first 
        season of play after the effective date of this 
        subtitle, each major professional league shall transmit 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Energy and Commerce and the Committee on Government 
        Reform of the House of Representatives, a report on its 
        testing policies and procedures.
          (2) Contents.--The report required by this subsection 
        shall contain--
                  (A) a comparison of the major professional 
                league's testing policy (including its 
                adjudication procedures) to that of the United 
                States Anti-Doping Agency, emphasizing the 
                differences between the policies and the 
                rationales for the differences; and
                  (B) aggregate data on the number of 
                professional players tested by the major 
                professional league and the prohibited 
                substances detected in samples or prohibited 
                methods, including the number of tests 
                conducted during the season of play and during 
                the off-season.
  (b) Biennial League Reports.--Each major professional league 
shall transmit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and 
Commerce and the Committee on Government Reform of the House of 
Representatives, on a biennial basis, a report containing the 
data and analysis required in subsection (a) for each of the 2 
prior years.
  (c) ONDCP Report.--Not later than 1 year after the date of 
enactment of this subtitle, and subsequently thereafter as 
determined appropriate by the Director, the Director shall 
report to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy and 
Commerce and the Committee on Government Reform of the House of 
Representatives, recommendations for improving any Federal law 
governing controlled substances as may be necessary for 
reducing the use of steroids and other performance-enhancing 
substances.

SEC. 728. PROMULGATION OF STANDARDS BY UNITED STATES BOXING COMMISSION.

  Upon the later of 12 months after enactment of this subtitle 
or 12 months after the establishment of the United States 
Boxing Commission pursuant to Federal law, that commission 
shall, in consultation with the Association of Boxing 
Commissions and the United States Anti-Doping Agency, 
promulgate uniform performance-enhancing substance testing 
standards for professional boxing that are consistent with 
section 724.

SEC. 729. STUDY ON COLLEGE TESTING POLICIES AND PROCEDURES.

  (a) Study.--The Government Accountability Office shall 
conduct a study on the use of performance-enhancing substances 
by college athletes which shall examine the prohibited 
substance policies and testing procedures of intercollegiate 
athletic associations and college and university athletic 
departments.
  (b) Report.--
          (1) Submission to congress.--Not later than 1 year 
        after the date of enactment of this subtitle, the 
        Government Accountability Office shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Energy and Commerce and the Committee on Government 
        Reform of the House of Representatives.
          (2) Contents.--The report required by this subsection 
        shall--
                  (A) assess the adequacy of the testing 
                policies and procedures described in subsection 
                (a) in detecting and preventing the use of 
                performance-enhancing substances; and
                  (B) include recommendations to Congress 
                regarding expanding the application of the 
                regulations issued pursuant to this subtitle to 
                such intercollegiate and interscholastic 
                athletic associations.

SEC. 730. COMMISSION ON HIGH SCHOOL AND COLLEGIATE ATHLETICS.

  (a) Commission.--The Director shall establish a commission on 
high school and collegiate athletics.
  (b) Report.--Not later than 1 year after the date of 
enactment of this subtitle, the commission shall report to 
Congress--
          (1) findings on the use of steroids and other 
        performance-enhancing substances in high school and 
        collegiate sports; and
          (2) recommendations for reducing their use.

SEC. 731. SENSE OF CONGRESS.

  It is the sense of Congress that--
          (1) professional sports leagues not regulated by this 
        subtitle should adhere to the drug testing standards 
        established in this subtitle;
          (2) all professional sports should implement policies 
        and procedures for the testing of the use of prohibited 
        substances or the detection of prohibited methods by 
        professional athletes that ensure that American 
        professional sports leagues are world leaders in the 
        effort to keep steroids and other performance-enhancing 
        drugs out of sports;
          (3) all professional sports should implement policies 
        and procedures that address the development of designer 
        steroids and emerging methods for doping, including 
        gene doping, that enhance sports performance, are 
        potential or actual health risks, and are contrary to 
        the spirit of the sport; and
          (4) each major professional league should produce and 
        publicize public service announcements regarding the 
        health and safety consequences of steroids and other 
        similar performance-enhancing substances on children 
        and teenagers.

SEC. 732. EFFECTIVE DATE.

  This subtitle shall take effect 1 year after the date of 
enactment of this subtitle.
                              ----------                              


                  DRUG-FREE MEDIA CAMPAIGN ACT OF 1998

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

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

[SEC. 101. SHORT TITLE.

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

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

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

[SEC. 103. USE OF FUNDS.

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

[SEC. 104. REPORTS TO CONGRESS.

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

[SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

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


            SECTION 878 OF THE HOMELAND SECURITY ACT OF 2002

SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


             SECTION 464P OF THE PUBLIC HEALTH SERVICE ACT

                     MEDICATION DEVELOPMENT PROGRAM

  Sec. 464P. (a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

                              ----------                              


      SECTION 6073 OF THE ASSET FORFEITURE AMENDMENTS ACT OF 1988

[SEC. 6073. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

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

                            ADDITIONAL VIEWS

    We support H.R. 2829 in general and concur with many of the 
views expressed in the report. We offer the following views on 
a few specific areas of the bill and the majority's report 
language.
    With regard to provisions in the bill and language in the 
report concerning the Director's review and certification of 
agency drug budgets, we note that the purpose of the Safe and 
Drug-Free Schools Program, from its inception, plainly has been 
twofold. As its very name suggests, the program aims to reduce 
drug use and violence in public schools. Although the two 
problems are often intertwined, they are clearly harmful 
independent of one another and both should be addressed 
vigorously through this important program. To the extent that 
both aims can be addressed simultaneously, efficiency dictates 
that they should be. We also believe, however, that one aim 
should not trump the other. Effective anti-violence initiatives 
supported by this program should not be curtailed because it is 
impracticable to incorporate within them a ``clear anti-drug 
message'' any more than an effective anti-drug initiative 
should be curtailed because it cannot practicably accommodate 
an anti-violence message. We should not be satisfied that a 
child is drug-free if he or she continues to be at risk of 
violent harm in school.
    We support the provision in the bill that seeks to limit 
the application of the so-called ``drug-free student loan'' 
provision to persons convicted of a drug crime while receiving 
federal student aid. In contrast to the majority, however, we 
further support removing the drug-free student loan provision 
altogether from the Higher Education Act, although such action 
is beyond the scope of this legislation and this Committee's 
jurisdiction.
    As the majority notes, the purpose of the proposed 
mycoherbicide plan of action and study (a provision the 
majority included in the Manager's Amendment with minimal 
notice to the minority) is limited to determining whether 
mycoherbicides can be effective in destroying illicit drug 
crops and does not represent an endorsement of their use 
anywhere, whether or not they prove to be effective in limited 
testing. In our view, a decision whether to test or employ 
mycoherbicides to destroy illicit drug crops in any given 
environment or geographic area, foreign or domestic, should 
take into account not just their efficacy or potential efficacy 
but also the possibility for any unintended consequences to 
human health and the environment. This position is embodied in 
the amendment offered by Mr. Cummings and adopted by the 
Committee.
    We note that the original appropriations law funding Plan 
Colombia (in FY 2000) included language, authored by Mr. Souder 
and Mr. Burton, requiring the Colombian government to implement 
a coca and heroin elimination strategy involving the use of 
mycoherbicides, as a condition of receiving assistance. The 
Clinton Administration exercised its authority to waive that 
condition (along with others) and provide assistance to 
Colombia notwithstanding Colombia's non-compliance.
    More recently, the current Administration also has 
expressed reservations about mycoherbicides. During a Committee 
hearing in May, ONDCP Director John Walters, in response to a 
question from Mr. Burton about the potential of mycoherbicides 
to eradicate Colombian coca crops, expressed ``concern about 
other agents being introduced to the environment'' and cited a 
lack of interest by the government of Colombia. Mr. Walters 
stated, ``Again, it is not clear that this particular organism 
is specific to coca . . . If you were to [spray] it--and it is 
not specific to coca--it could cause considerable damage to the 
environment which in Colombia is very delicate.'' We further 
believe that a decision whether to test or use mycoherbicides 
abroad also should take account of concerns raised as to the 
legality under international law of introducing mycoherbicides 
into a foreign country and the likelihood of such testing or 
use being perceived or regarded as biological warfare. 
Considerations such as these should inform any decision as to 
whether and where the proposed testing can be conducted safely 
and in concert with international law and diplomatic 
objectives. In addition, we stress that an effective approach 
to international supply reduction must include vigorous 
alternative development programs.
    With regard to the report's language and the bill's 
findings on marijuana, we point out that the RAND Drug Policy 
Research Center has found that reducing marijuana use may not 
reduce addiction to cocaine, heroin or methamphetamine. This 
finding reinforces the importance of targeting these substances 
directly in federal drug prevention efforts.

                                   Henry A. Waxman.
                                   Carolyn B. Maloney.
                                   Elijah E. Cummings.
                                   Wm. Lacy Clay.
                                   Brian Higgins.

                                  
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