[109th Congress Public Law 469]
[From the U.S. Government Printing Office]
[DOCID: f:publ469.109]
[[Page 3501]]
OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2006
[[Page 120 STAT. 3502]]
Public Law 109-469
109th Congress
An Act
To reauthorize the Office of National Drug Control Policy
Act. <<NOTE: Dec. 29, 2006 - [H.R. 6344]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Office of National Drug
Control Policy Reauthorization Act of 2006.>> assembled,
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF CONTENTS.
(a) Short <<NOTE: 21 USC 1701 note.>> Title.--This Act may be cited
as the ``Office of National Drug Control Policy Reauthorization Act of
2006''.
(b) Amendment of Office of National Drug Control Policy
Reauthorization Act of 1998.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Office of National Drug Control Policy Reauthorization Act of 1998
(Public Law 105-277; 21 U.S.C. 1701 et seq.).
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, reference, and table of contents.
TITLE I--ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND
ROLES AND RESPONSIBILITIES
Sec. 101. Amendments to definitions.
Sec. 102. Establishment of the Office of National Drug Control Policy.
Sec. 103. Appointment and responsibilities of the Director.
Sec. 104. Amendments to ensure coordination with other agencies.
Sec. 105. Budgetary matters.
TITLE II--THE NATIONAL DRUG CONTROL STRATEGY
Sec. 201. Annual preparation and submission of National Drug Control
Strategy.
Sec. 202. Performance measurements.
Sec. 203. Annual report requirement.
TITLE III--HIGH INTENSITY DRUG TRAFFICKING AREAS
Sec. 301. High Intensity Drug Trafficking Areas Program.
Sec. 302. Funding for certain high intensity drug trafficking areas.
Sec. 303. Assessment.
TITLE IV--TECHNOLOGY
Sec. 401. Counterdrug Technology Assessment Center.
TITLE V--NATIONAL YOUTH MEDIA CAMPAIGN
Sec. 501. National Youth Anti-Drug Media Campaign.
TITLE VI--AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
Sec. 601. Authorization of appropriations.
Sec. 602. Extension of termination date.
TITLE VII--ANTI-DOPING AGENCY
Sec. 701. Designation of United States Anti-Doping Agency.
[[Page 120 STAT. 3503]]
Sec. 702. Records, audit, and report.
Sec. 703. Authorization of appropriations.
TITLE VIII--DRUG-FREE COMMUNITIES
Sec. 801. Reauthorization.
Sec. 802. Suspension of grants.
Sec. 803. Grant award increase.
Sec. 804. Prohibition on additional eligibility criteria.
Sec. 805. National Community Anti-Drug Coalition Institute.
TITLE IX--NATIONAL GUARD COUNTERDRUG SCHOOLS
Sec. 901. National Guard counterdrug schools.
TITLE X--NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE ACT OF 2006
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Establishment of clearinghouse and advisory council.
Sec. 1004. NMIC requirements and review.
Sec. 1005. Authorization of appropriations.
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1101. Repeals.
Sec. 1102. Controlled Substances Act amendments.
Sec. 1103. Report on law enforcement intelligence sharing.
Sec. 1104. Requirement for South American heroin strategy.
Sec. 1105. Model acts.
Sec. 1106. Study on iatrogenic addiction associated with prescription
opioid analgesic drugs.
Sec. 1107. Requirement for strategy to stop Internet advertising of
prescription medicines without a prescription.
Sec. 1108. Requirement for study on diversion and inappropriate uses of
prescription drugs.
Sec. 1109. Requirement for Afghan Heroin Strategy.
Sec. 1110. Requirement for Southwest Border Counternarcotics Strategy.
Sec. 1111. Requirement for Scientific Study of Mycoherbicide in Illicit
Drug Crop Eradication.
Sec. 1112. Requirement for Study of State Precursor Chemical Control
Laws.
Sec. 1113. Requirement for Study of Drug Endangered Children Programs.
Sec. 1114. Study on drug court hearings in nontraditional places.
Sec. 1115. Report on tribal Government participation in HIDTA process.
Sec. 1116. Report on school drug testing.
Sec. 1117. Report on ONDCP performance bonuses.
Sec. 1118. Requirement for disclosure of Federal sponsorship of all
Federal advertising or other communication materials.
Sec. 1119. Awards for demonstration programs by local partnerships to
coerce abstinence in chronic hard-drug users under community
supervision through the use of drug testing and sanctions.
Sec. 1120. Policy relating to syringe exchange programs.
TITLE I--ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND
ROLES AND RESPONSIBILITIES
SEC. 101. AMENDMENTS TO DEFINITIONS.
(a) Demand Reduction.--Section 702(1) <<NOTE: 21 USC 1701.>> is
amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) in paragraph (G), by striking the period at the end and
inserting ``, including the testing of employees;''; and
(3) by adding at the end the following:
``(H) interventions for drug abuse and dependence;
``(I) international drug control coordination and
cooperation with respect to activities described in this
paragraph; and
[[Page 120 STAT. 3504]]
``(J) international drug abuse education,
prevention, treatment, research, rehabilitation
activities, and interventions for drug abuse and
dependence.''.
(b) National Drug Control Program.--Section 702(6) is amended by
adding before the period the following: ``, including any activities
involving supply reduction, demand reduction, or State, local, and
tribal affairs''.
(c) Program Change.--Section 702(7) is amended by--
(1) striking ``National Foreign Intelligence Program,'' and
inserting ``National Intelligence Program,''; and
(2) inserting after ``Related Activities,'' the following:
``or (for purposes of section 704(d)) an agency that is
described in section 530C(a) of title 28, United States Code,''.
(d) Office.--Section 702(9) is amended by striking ``implicates''
and inserting ``indicates''.
(e) State, Local, and Tribal Affairs.--Paragraph (10) of section 702
is amended to read as follows:
``(10) State, local, and tribal affairs.--The term `State,
local, and tribal affairs' means domestic activities conducted
by a National Drug Control Program agency that are intended to
reduce the availability and use of illegal drugs, including--
``(A) coordination and enhancement of Federal,
State, local, and tribal law enforcement drug control
efforts;
``(B) coordination and enhancement of efforts among
National Drug Control Program agencies and State, local,
and tribal demand reduction and supply reduction
agencies;
``(C) coordination and enhancement of Federal,
State, local, and tribal law enforcement initiatives to
gather, analyze, and disseminate information and law
enforcement intelligence relating to drug control among
domestic law enforcement agencies; and
``(D) other coordinated and joint initiatives among
Federal, State, local, and tribal agencies to promote
comprehensive drug control strategies designed to reduce
the demand for, and the availability of, illegal
drugs.''.
(f) Supply Reduction.--Section 702(11) is amended to read as
follows:
``(11) Supply reduction.--The term `supply reduction' means
any activity or program conducted by a National Drug Control
Program agency that is intended to reduce the availability or
use of illegal drugs in the United States or abroad, including--
``(A) law enforcement outside the United States;
``(B) source country programs, including economic
development programs primarily intended to reduce the
production or trafficking of illicit drugs;
``(C) activities to control international
trafficking in, and availability of, illegal drugs,
including--
``(i) accurate assessment and monitoring of
international drug production and interdiction
programs and policies; and
``(ii) coordination and promotion of
compliance with international treaties relating to
the production, transportation, or interdiction of
illegal drugs;
``(D) activities to conduct and promote
international law enforcement programs and policies to
reduce the supply of drugs; and
[[Page 120 STAT. 3505]]
``(E) activities to facilitate and enhance the
sharing of domestic and foreign intelligence information
among National Drug Control Program agencies, relating
to the production and trafficking of drugs in the United
States and in foreign countries.''.
(g) Definitions of Appropriate Congressional Committees and Law
Enforcement.--Section 702 is amended by adding at the end the following:
``(12) Appropriate congressional committees.--Except where
otherwise provided, the term `appropriate congressional
committees' means the Committee on the Judiciary, the Committee
on Appropriations, and the Caucus on International Narcotics
Control of the Senate and the Committee on Government Reform,
the Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives.
``(13) Law enforcement.--The term `law enforcement' or `drug
law enforcement' means all efforts by a Federal, State, local,
or tribal government agency to enforce the drug laws of the
United States or any State, including investigation, arrest,
prosecution, and incarceration or other punishments or
penalties.''.
SEC. 102. ESTABLISHMENT OF THE OFFICE OF NATIONAL DRUG CONTROL
POLICY.
(a) Responsibilities.--Section 703(a) <<NOTE: 21 USC 1702.>> is
amended to read as follows:
``(a) Establishment of Office.--There is established in the
Executive Office of the President an Office of National Drug Control
Policy, which shall--
``(1) develop national drug control policy;
``(2) coordinate and oversee the implementation of the
national drug control policy;
``(3) <<NOTE: Certification.>> assess and certify the
adequacy of National Drug Control Programs and the budget for
those programs; and
``(4) evaluate the effectiveness of the national drug
control policy and the National Drug Control Program agencies'
programs, by developing and applying specific goals and
performance measurements.''.
(b) Positions.--Section 703(b) is amended to read as follows:
``(b) Director of National Drug Control Policy and Deputy
Directors.--
``(1) Director.--There shall be a Director of National Drug
Control Policy who shall head the Office (referred to in this
Act as the `Director') and shall hold the same rank and status
as the head of an executive department listed in section 101 of
title 5, United States Code.
``(2) Deputy director.--There shall be a Deputy Director of
National Drug Control Policy who shall report directly to the
Director (referred to in this Act as the `Deputy Director').
``(3) Other deputy directors.--
``(A) In general.--There shall be a Deputy Director
for Demand Reduction, a Deputy Director for Supply
Reduction, and a Deputy Director for State, Local, and
Tribal Affairs.
``(B) Reporting.--The Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and
the Deputy Director for State, Local, and Tribal Affairs
[[Page 120 STAT. 3506]]
shall report directly to the Deputy Director of the
Office of National Drug Control Policy.
``(C) Deputy director for demand reduction.--The
Deputy Director for Demand Reduction shall be
responsible for the activities in subparagraphs (A)
through (H) of section 702(l).
``(D) Deputy director for supply reduction.--The
Deputy Director for Supply Reduction shall--
``(i) have substantial experience and
expertise in drug interdiction and other supply
reduction activities; and
``(ii) be responsible for the activities in
subparagraphs (A) through (C) in section 702(11).
``(E) Deputy director for state, local, and tribal
affairs.--The Deputy Director for State, Local, and
Tribal Affairs shall be responsible for the activities--
``(i) in subparagraphs (A) through (D) of
section 702(10);
``(ii) in section 707, the High Intensity Drug
Trafficking Areas Program; and
``(iii) in section 708, the Counterdrug
Technology Assessment Center.''.
SEC. 103. APPOINTMENT AND RESPONSIBILITIES OF THE DIRECTOR.
(a) Succession.--Section <<NOTE: 21 USC 1703.>> 704(a) is amended by
amending paragraph (3) to read as follows:
``(3) Acting director.--If the Director dies, resigns, or is
otherwise unable to perform the functions and duties of the
office, the Deputy Director shall perform the functions and
duties of the Director temporarily in an acting capacity
pursuant to subchapter III of chapter 33 of title 5, United
States Code.''.
(b) Responsibilities.--Section 704(b) is amended--
(1) in paragraph (4), by striking ``Federal departments and
agencies engaged in drug enforcement'' and inserting ``National
Drug Control Program agencies'';
(2) in paragraph (7), by inserting after ``President'' the
following: ``and the appropriate congressional committees'';
(3) in paragraph (13), by striking ``(beginning in 1999)'';
(4) by striking paragraph (14) and inserting the following:
``(14) <<NOTE: Deadline.>> shall submit to the appropriate
congressional committees on an annual basis, not later than 60
days after the date of the last day of the applicable period, a
summary of--
``(A) each of the evaluations received by the
Director under paragraph (13); and
``(B) the progress of each National Drug Control
Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c);'';
(5) in paragraph (15), by striking subparagraph (C) and
inserting the following:
``(C) supporting the substance abuse information
clearinghouse administered by the Administrator of the
Substance Abuse and Mental Health Services
Administration and established in section 501(d)(16) of
the Public Health Service Act by--
[[Page 120 STAT. 3507]]
``(i) encouraging all National Drug Control
Program agencies to provide all appropriate and
relevant information; and
``(ii) supporting the dissemination of
information to all interested entities;''; and
(6) by inserting at the end the following:
``(16) shall coordinate with the private sector to promote
private research and development of medications to treat
addiction;
``(17) shall seek the support and commitment of State,
local, and tribal officials in the formulation and
implementation of the National Drug Control Strategy;
``(18) shall monitor and evaluate the allocation of
resources among Federal law enforcement agencies in response to
significant local and regional drug trafficking and production
threats;
``(19) <<NOTE: Reports.>> shall submit an annual report to
Congress detailing how the Office of National Drug Control
Policy has consulted with and assisted State, local, and tribal
governments with respect to the formulation and implementation
of the National Drug Control Strategy and other relevant issues;
and
``(20) <<NOTE: Deadline. Reports.>> shall, within 1 year
after the date of the enactment of the Office of National Drug
Control Policy Reauthorization Act of 2006, report to Congress
on the impact of each Federal drug reduction strategy upon the
availability, addiction rate, use rate, and other harms of
illegal drugs.''.
(c) Review and Certification of National Drug Control Program
Budget.--Section 704(c)(3) is amended--
(1) in subparagraph (C)(iii), by inserting ``and the
appropriate congressional committees,'' after ``House of
Representatives''; and
(2) in subparagraph (D)(ii)(II)(bb), by inserting ``and the
appropriate congressional committees,'' after ``House of
Representatives''.
(d) Powers of Director.--Section 704(d) is amended--
(1) <<NOTE: Notification.>> in paragraph (9), by striking
``Strategy; and'' and inserting ``Strategy and notify the
appropriate congressional committees of any fund control notice
issued in accordance with section 704(f)(5);''; and
(2) in paragraph (10), by inserting before the period the
following: ``and section 706 of the Department of State
Authorization Act for Fiscal Year 2003 (22 U.S.C. 229j-1)''.
(e) Fund Control Notices.--Section 704(f) is amended by adding at
the end the following:
``(4) Congressional notice.--A copy of each fund control
notice shall be transmitted to the appropriate congressional
committees.
``(5) Restrictions.--The Director shall not issue a fund
control notice to direct that all or part of an amount
appropriated to the National Drug Control Program agency account
be obligated, modified, or altered in any manner--
``(A) contrary, in whole or in part, to a specific
appropriation; or
``(B) contrary, in whole or in part, to the
expressed intent of Congress.''.
(f) Drug Interdiction.--
(1) In general.--Section 711 <<NOTE: 21 USC 1710.>> is
amended by adding at the end the following:
[[Page 120 STAT. 3508]]
``SEC. 711. DRUG INTERDICTION COORDINATOR AND COMMITTEE.
``(a) United States Interdiction Coordinator.--
``(1) In general.--The United States Interdiction
Coordinator shall perform the duties of that position described
in paragraph (2) and such other duties as may be determined by
the Director with respect to coordination of efforts to
interdict illicit drugs from entering the United States.
``(2) Responsibilities.--The United States Interdiction
Coordinator shall be responsible to the Director for--
``(A) coordinating the interdiction activities of
the National Drug Control Program agencies to ensure
consistency with the National Drug Control Strategy;
``(B) <<NOTE: Deadline.>> 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
[[Page 120 STAT. 3509]]
on Armed Services and the Committee on Homeland Security
of the House of Representatives, and to the Committee on
Homeland Security and Governmental Affairs and the
Committee on Armed Services of the Senate, which shall
include--
``(i) a copy of that year's National
Interdiction Command and Control Plan;
``(ii) information for the previous 10 years
regarding the number and type of seizures of drugs
by each National Drug Control Program agency
conducting drug interdiction activities, as well
as statistical information on the geographic areas
of such seizures; and
``(iii) information for the previous 10 years
regarding the number of air and maritime patrol
hours undertaken by each National Drug Control
Program agency conducting drug interdiction
activities, as well as statistical information on
the geographic areas in which such patrol hours
took place.
``(E) Treatment of classified or law enforcement
sensitive information.--Any content of the report
described in subparagraph (D) that involves information
classified under criteria established by an Executive
order, or the public disclosure of which, as determined
by the Director, the Director of National Intelligence,
or the head of any Federal Government agency the
activities of which are described in the plan, would be
detrimental to the law enforcement or national security
activities of any Federal, State, or local agency, shall
be presented to Congress separately from the rest of the
report.
``(b) Interdiction Committee.--
``(1) In general.--The Interdiction Committee shall meet
to--
``(A) discuss and resolve issues related to the
coordination, oversight and integration of
international, border, and domestic drug interdiction
efforts in support of the National Drug Control
Strategy;
``(B) review the annual National Interdiction
Command and Control Plan, and provide advice to the
Director and the United States Interdiction Coordinator
concerning that plan; and
``(C) provide such other advice to the Director
concerning drug interdiction strategy and policies as
the committee determines is appropriate.
``(2) Chairman.--The Director shall designate one of the
members of the Interdiction Committee to serve as chairman.
``(3) Meetings.--The members of the Interdiction Committee
shall meet, in person and not through any delegate or
representative, at least once per calendar year, prior to March
1. At the call of either the Director or the current chairman,
the Interdiction Committee may hold additional meetings, which
shall be attended by the members either in person, or through
such delegates or representatives as they may choose.
``(4) Report.--Not later than September 30 of each year, the
chairman of the Interdiction Committee shall submit a report to
the Director and to the appropriate congressional
[[Page 120 STAT. 3510]]
committees describing the results of the meetings and any
significant findings of the Committee during the previous 12
months. Any content of such a report that involves information
classified under criteria established by an Executive order, or
whose public disclosure, as determined by the Director, the
chairman, or any member, would be detrimental to the law
enforcement or national security activities of any Federal,
State, local, or tribal agency, shall be presented to Congress
separately from the rest of the report.''.
(2) Conforming amendment to homeland security act of 2002.--
Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458)
is amended--
(A) in subsection (c), by striking ``Except as
provided in subsection (d), the'' and inserting ``The'';
and
(B) by striking subsection (d) and redesignating
subsections (e), (f), and (g) as subsections (d), (e),
and (f), respectively.
(3) Technical amendments.--Section 704 (21 U.S.C. 1703) is
amended--
(A) by amending subsection (g) to read as follows:
``(g) Inapplicability to Certain Programs.--The provisions of this
section shall not apply to the National Intelligence Program, the Joint
Military Intelligence Program, and Tactical and Related Activities,
unless such program or an element of such program is designated as a
National Drug Control Program--
``(1) by the President; or
``(2) jointly by--
``(A) in the case of the National Intelligence
Program, the Director and the Director of National
Intelligence; or
``(B) in the case of the Joint Military Intelligence
Program and Tactical and Related Activities, the
Director, the Director of National Intelligence, and the
Secretary of Defense.''; and
(B) by amending subsection (h) to read as follows:
``(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the Director of
National Intelligence or the Director of the Central Intelligence Agency
contained in the National Security Act of 1947 (50 U.S.C. 401 et seq.),
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or
any other law.''.
SEC. 104. AMENDMENTS TO ENSURE COORDINATION WITH OTHER AGENCIES.
Section 705 <<NOTE: 21 USC 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 subsection (a)(3) to read as follows:
``(3) Required reports.--
``(A) Secretaries of the interior and agriculture.--
Not later than July 1 of each year, the Secretaries of
Agriculture and the Interior shall jointly submit
[[Page 120 STAT. 3511]]
to the Director and the appropriate congressional
committees an assessment of the quantity of illegal drug
cultivation and manufacturing in the United States on
lands owned or under the jurisdiction of the Federal
Government for the preceding year.
``(B) Secretary of homeland security.--Not later
than July 1 of each year, the Secretary of Homeland
Security shall submit to the Director and the
appropriate congressional committees information for the
preceding year regarding--
``(i) the number and type of seizures of drugs
by each component of the Department of Homeland
Security seizing drugs, as well as statistical
information on the geographic areas of such
seizures; and
``(ii) the number of air and maritime patrol
hours primarily dedicated to drug supply reduction
missions undertaken by each component of the
Department of Homeland Security.
``(C) Secretary of defense.--The Secretary of
Defense shall, by July 1 of each year, submit to the
Director and the appropriate congressional committees
information for the preceding year regarding the number
of air and maritime patrol hours primarily dedicated to
drug supply reduction missions undertaken by each
component of the Department of Defense.
``(D) Attorney general.--The Attorney General shall,
by July 1 of each year, submit to the Director and the
appropriate congressional committees information for the
preceding year regarding the number and type of--
``(i) arrests for drug violations;
``(ii) prosecutions for drug violations by
United States Attorneys; and
``(iii) seizures of drugs by each component of
the Department of Justice seizing drugs, as well
as statistical information on the geographic areas
of such seizures.'';
(5) in subsection (b)(2)(B), by striking ``Program'' and
inserting ``Strategy''; and
(6) in subsection (c), by striking ``in'' and inserting
``on''.
SEC. 105. BUDGETARY MATTERS.
(a) Submission of Drug Control Budget Requests.--Section 704(c)(1)
is <<NOTE: 21 USC 1703.>> amended by adding at the end the following:
``(C) Content of drug control budget requests.--A
drug control budget request submitted by a department,
agency, or program under this paragraph shall include
all requests for funds for any drug control activity
undertaken by that department, agency, or program,
including demand reduction, supply reduction, and State,
local, and tribal affairs, including any drug law
enforcement activities. If an activity has both drug
control and nondrug control purposes or applications,
the department, agency, or program shall estimate by a
documented calculation the total funds requested for
that activity that would be used for drug control, and
shall set forth in its request the basis and method for
making the estimate.''.
(b) National Drug Control Budget Proposal.--
[[Page 120 STAT. 3512]]
(1) National organizations.--Section 704(c)(2) is amended by
inserting ``and the head of each major national organization
that represents law enforcement officers, agencies, or
associations'' after ``agency''.
(2) Total budget.--Section 704(c)(2)(A) is amended by
inserting before the semicolon: ``and to inform Congress and the
public about the total amount proposed to be spent on all supply
reduction, demand reduction, State, local, and tribal affairs,
including any drug law enforcement, and other drug control
activities by the Federal Government, which shall conform to the
content requirements set forth in paragraph (1)(C)''.
(c) Review and Certification of National Drug Control Program
Budget.--Section 704(c)(3) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Specific requests.--The Director shall not
confirm the adequacy of any budget request that--
``(i) requests funding for Federal law
enforcement activities that do not adequately
compensate for transfers of drug enforcement
resources and personnel to law enforcement and
investigation activities;
``(ii) requests funding for law enforcement
activities on the borders of the United States
that do not adequately direct resources to drug
interdiction and enforcement;
``(iii) requests funding for drug treatment
activities that do not provide adequate results
and accountability measures;
``(iv) requests funding for any activities of
the Safe and Drug-Free Schools Program that do not
include a clear anti-drug message or purpose
intended to reduce drug use;
``(v) requests funding for drug treatment
activities that do not adequately support and
enhance Federal drug treatment programs and
capacity;
``(vi) requests funding for fiscal year 2007
for activities of the Department of Education,
unless it is accompanied by a report setting forth
a plan for providing expedited consideration of
student loan applications for all individuals who
submitted an application for any Federal grant,
loan, or work assistance that was rejected or
denied pursuant to 484(r)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1091(r)(1)) by
reason of a conviction for a drug-related offense
not occurring during a period of enrollment for
which the individual was receiving any Federal
grant, loan, or work assistance; and
``(vii) requests funding for the operations
and management of the Department of Homeland
Security that does not include a specific request
for funds for the Office of Counternarcotics
Enforcement to carry out its responsibilities
under section 878 of the Homeland Security Act of
2002 (6 U.S.C. 458).'';
[[Page 120 STAT. 3513]]
(3) in subparagraph (D)(iii), as so redesignated, by
inserting ``and the appropriate congressional committees'' after
``House of Representatives''; and
(4) in subparagraph (E)(ii)(II)(bb), as so redesignated, by
inserting ``and the appropriate congressional committees'' after
``House of Representatives''.
(d) Reprogramming and Transfer Requests.--Section 704(c)(4)(A) (21
U.S.C. 1703(c)(4)(A)) is amended--
(1) by striking ``$5,000,000'' and inserting ``$1,000,000'';
and
(2) <<NOTE: Deadline.>> adding at the end the following:
``If the Director has not responded to a request for
reprogramming subject to this subparagraph within 30 days after
receiving notice of the request having been made, the request
shall be deemed approved by the Director under this subparagraph
and forwarded to Congress.''.
(e) Powers of Director.--Section 704(d) is amended--
(1) in paragraph (8)(D), by striking ``have been authorized
by Congress;'' and inserting ``authorized by law;'';
(2) in paragraph (9), by striking ``Strategy; and'' and
inserting ``Strategy <<NOTE: Notification.>> and notify the
appropriate congressional committees of any fund control notice
issued; and''; and
(3) in paragraph (10), by striking ``(22 U.S.C. 2291j).''
and inserting ``(22 U.S.C. 2291j) and section 706 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j-
1).''.
(f) Fund Control Notices.--Section 704(f) (21 U.S.C. 1703(f)) is
amended by adding at the end the following:
``(4) Congressional notice.--A copy of each fund control
notice shall be transmitted to the appropriate congressional
committees.
``(5) Restrictions.--The Director shall not issue a fund
control notice to direct that all or part of an amount
appropriated to the National Drug Control Program agency account
be obligated, modified, or altered in any manner contrary, in
whole or in part, to a specific appropriation or statute.''.
TITLE II--THE NATIONAL DRUG CONTROL STRATEGY
SEC. 201. ANNUAL PREPARATION AND SUBMISSION OF NATIONAL DRUG
CONTROL STRATEGY.
Section 706 <<NOTE: 21 USC 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) Timing.--Not <<NOTE: President.>> later than February
1 of each year, the President shall submit to Congress a
National Drug Control Strategy, which shall set forth a
comprehensive plan for the year to reduce illicit drug use and
the consequences of such illicit drug use in the United States
by limiting the availability of, and reducing the demand for,
illegal drugs.
``(2) Contents.--
``(A) In general.--The National Drug Control
Strategy submitted under paragraph (1) shall include the
following:
[[Page 120 STAT. 3514]]
``(i) Comprehensive, research-based, long-
range, quantifiable goals for reducing illicit
drug use and the consequences of illicit drug use
in the United States.
``(ii) Annual quantifiable and measurable
objectives and specific targets to accomplish
long-term quantifiable goals that the Director
determines may be achieved during each year
beginning on the date on which the National Drug
Control Strategy is submitted.
``(iii) A 5-year projection for program and
budget priorities.
``(iv) A review of international, State,
local, and private sector drug control activities
to ensure that the United States pursues
coordinated and effective drug control at all
levels of government.
``(v) An assessment of current illicit drug
use (including inhalants and steroids) and
availability, impact of illicit drug use, and
treatment availability, which assessment shall
include--
``(I) estimates of drug prevalence
and frequency of use as measured by
national, State, and local surveys of
illicit drug use and by other special
studies of nondependent and dependent
illicit drug use;
``(II) illicit drug use in the
workplace and the productivity lost by
such use; and
``(III) illicit drug use by
arrestees, probationers, and parolees.
``(vi) An assessment of the reduction of
illicit drug availability, as measured by--
``(I) the quantities of cocaine,
heroin, marijuana, methamphetamine,
ecstasy, and other drugs available for
consumption in the United States;
``(II) the amount of marijuana,
cocaine, heroin, methamphetamine,
ecstasy, and precursor chemicals and
other drugs entering the United States;
``(III) the number of illicit drug
manufacturing laboratories seized and
destroyed and the number of hectares of
marijuana, poppy, and coca cultivated
and destroyed domestically and in other
countries;
``(IV) the number of metric tons of
marijuana, heroin, cocaine, and
methamphetamine seized and other drugs;
and
``(V) changes in the price and
purity of heroin, methamphetamine, and
cocaine, changes in the price of
ecstasy, and changes in
tetrahydrocannabinol level of marijuana
and other drugs.
``(vii) An assessment of the reduction of the
consequences of illicit drug use and availability,
which shall include--
``(I) the burden illicit drug users
placed on hospital emergency departments
in the United States, such as the
quantity of illicit drug-related
services provided;
[[Page 120 STAT. 3515]]
``(II) the annual national health
care cost of illicit drug use; and
``(III) the extent of illicit drug-
related crime and criminal activity.
``(viii) A determination of the status of drug
treatment in the United States, by assessing--
``(I) public and private treatment
utilization; and
``(II) the number of illicit drug
users the Director estimates meet
diagnostic criteria for treatment.
``(ix) A review of the research agenda of the
Counterdrug Technology Assessment Center to reduce
the availability and abuse of drugs.
``(x) A summary of the efforts made to
coordinate with private sector entities to conduct
private research and development of medications to
treat addiction by--
``(I) screening chemicals for
potential therapeutic value;
``(II) developing promising
compounds;
``(III) conducting clinical trials;
``(IV) seeking Food and Drug
Administration approval for drugs to
treat addiction;
``(V) marketing the drug for the
treatment of addiction;
``(VI) urging physicians to use the
drug in the treatment of addiction; and
``(VII) encouraging insurance
companies to reimburse the cost of the
drug for the treatment of addiction.
``(xi) An assessment of Federal effectiveness
in achieving the National Drug Control Strategy
for the previous year, including a specific
evaluation of whether the objectives and targets
for reducing illicit drug use for the previous
year were met and reasons for the success or
failure of the previous year's Strategy.
``(xii) A general review of the status of, and
trends in, demand reduction activities by private
sector entities and community-based organizations,
including faith-based organizations, to determine
their effectiveness and the extent of cooperation,
coordination, and mutual support between such
entities and organizations and Federal, State,
local, and tribal government agencies.
``(xiii) Such additional statistical data and
information as the Director considers appropriate
to demonstrate and assess trends relating to
illicit drug use, the effects and consequences of
illicit drug use (including the effects on
children of substance abusers), supply reduction,
demand reduction, drug-related law enforcement,
and the implementation of the National Drug
Control Strategy.
``(xiv) A supplement reviewing the activities
of each individual National Drug Control Program
agency during the previous year with respect to
the National Drug Control Strategy and the
Director's assessment
[[Page 120 STAT. 3516]]
of the progress of each National Drug Control
Program agency in meeting its responsibilities
under the National Drug Control Strategy.
``(B) Classified information.--Any contents of the
National Drug Control Strategy that involve information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
``(C) Selection of data and information.--In
selecting data and information for inclusion under
subparagraph (A), the Director shall ensure--
``(i) the inclusion of data and information
that will permit analysis of current trends
against previously compiled data and information
where the Director believes such analysis enhances
long-term assessment of the National Drug Control
Strategy; and
``(ii) the inclusion of data and information
to permit a standardized and uniform assessment of
the effectiveness of drug treatment programs in
the United States.
``(3) Process for development and submission.--In developing
and effectively implementing the National Drug Control Strategy,
the Director--
``(A) shall consult with--
``(i) the heads of the National Drug Control
Program agencies;
``(ii) Congress;
``(iii) State, local, and tribal officials;
``(iv) private citizens and organizations,
including community and faith-based organizations
with experience and expertise in demand reduction;
``(v) private citizens and organizations with
experience and expertise in supply reduction; and
``(vi) appropriate representatives of foreign
governments;
``(B) in satisfying the requirements of subparagraph
(A), shall ensure, to the maximum extent possible, that
State, local, and tribal officials and relevant private
organizations commit to support and take steps to
achieve the goals and objectives of the National Drug
Control Strategy;
``(C) with the concurrence of the Attorney General,
may require the El Paso Intelligence Center to undertake
specific tasks or projects to support or implement the
National Drug Control Strategy; and
``(D) with the concurrence of the Director of
National Intelligence and the Attorney General, may
request that the National Drug Intelligence Center
undertake specific tasks or projects to support or
implement the National Drug Control Strategy.
``(b) Submission of Revised Strategy.--The President may submit to
Congress a revised National Drug Control Strategy that meets the
requirements of this section--
``(1) at any time, upon a determination of the President, in
consultation with the Director, that the National Drug Control
Strategy in effect is not sufficiently effective; or
``(2) if a new President or Director takes office.''.
[[Page 120 STAT. 3517]]
SEC. 202. PERFORMANCE MEASUREMENTS.
Section 706 <<NOTE: Deadline.>> is amended by adding at the end the
following:
``(c) Performance Measurement System.--Not later than February 1 of
each year, the Director shall submit to Congress as part of the National
Drug Control Strategy, a description of a national drug control
performance measurement system, that--
``(1) develops 2-year and 5-year performance measures and
targets for each National Drug Control Strategy goal and
objective established for reducing drug use, availability, and
the consequences of drug use;
``(2) describes the sources of information and data that
will be used for each performance measure incorporated into the
performance measurement system;
``(3) identifies major programs and activities of the
National Drug Control Program agencies that support the goals
and annual objectives of the National Drug Control Strategy;
``(4) evaluates the contribution of demand reduction and
supply reduction activities as defined in section 702
implemented by each National Drug Control Program agency in
support of the National Drug Control Strategy;
``(5) monitors consistency between the drug-related goals
and objectives of the National Drug Control Program agencies and
ensures that each agency's goals and budgets support and are
fully consistent with the National Drug Control Strategy; and
``(6) coordinates the development and implementation of
national drug control data collection and reporting systems to
support policy formulation and performance measurement,
including an assessment of--
``(A) the quality of current drug use measurement
instruments and techniques to measure supply reduction
and demand reduction activities;
``(B) the adequacy of the coverage of existing
national drug use measurement instruments and techniques
to measure the illicit drug user population, and groups
that are at risk for illicit drug use;
``(C) the adequacy of the coverage of existing
national treatment outcome monitoring systems to measure
the effectiveness of drug abuse treatment in reducing
illicit drug use and criminal behavior during and after
the completion of substance abuse treatment; and
``(D) the actions the Director shall take to correct
any deficiencies and limitations identified pursuant to
subparagraphs (A) and (B) of this subsection.
``(d) Modifications.--A description of any modifications made during
the preceding year to the national drug performance measurement system
described in subsection (c) shall be included in each report submitted
under subsection (b).''.
SEC. 203. <<NOTE: 21 USC 1708a.>> ANNUAL REPORT REQUIREMENT.
(a) In General.--On or before February 1 of each year, the Director
shall submit a report to Congress that describes--
(1) the strategy of the national media campaign and whether
specific objectives of the campaign were accomplished;
(2) steps taken to ensure that the national media campaign
operates in an effective and efficient manner consistent with
the overall strategy and focus of the campaign;
[[Page 120 STAT. 3518]]
(3) plans to purchase advertising time and space;
(4) policies and practices implemented to ensure that
Federal funds are used responsibly to purchase advertising time
and space and eliminate the potential for waste, fraud, and
abuse;
(5) all contracts entered into with a corporation,
partnership, or individual working on behalf of the national
media campaign;
(6) specific policies and steps implemented to ensure
compliance with title IV of this Act;
(7) steps taken to ensure that the national media campaign
will secure, to the maximum extent possible, no cost matches of
advertising time and space or in-kind contributions that are
directly related to the campaign in accordance with title IV of
this Act; and
(8) a review and evaluation of the effectiveness of the
national media campaign strategy for the past year.
(b) Audit.--The Government Accountability Office shall, at a
frequency of not less than once per year--
(1) conduct and supervise an audit and investigation
relating to the programs and operations of the--
(A) Office; or
(B) certain programs within the Office, including--
(i) the High Intensity Drug Trafficking Areas
Program;
(ii) the Counterdrug Technology Assessment
Center; or
(iii) the National Youth Anti-drug Media
Campaign; and
(2) provide the Director and the appropriate congressional
committees with a report containing an evaluation of and
recommendations on the--
(A) policies and activities of the programs and
operations subject to the audit and investigation;
(B) economy, efficiency, and effectiveness in the
administration of the reviewed programs and operations;
and
(C) policy or management changes needed to prevent
and detect fraud and abuse in such programs and
operations.
TITLE III--HIGH INTENSITY DRUG TRAFFICKING AREAS
SEC. 301. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.
Section 707 <<NOTE: 21 USC 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--
[[Page 120 STAT. 3519]]
``(A) facilitating cooperation among Federal, State,
local, and tribal law enforcement agencies to share
information and implement coordinated enforcement
activities;
``(B) enhancing law enforcement intelligence sharing
among Federal, State, local, and tribal law enforcement
agencies;
``(C) providing reliable law enforcement
intelligence to law enforcement agencies needed to
design effective enforcement strategies and operations;
and
``(D) supporting coordinated law enforcement
strategies which maximize use of available resources to
reduce the supply of illegal drugs in designated areas
and in the United States as a whole.
``(b) Designation.--
``(1) In general.--The Director, in consultation with the
Attorney General, the Secretary of the Treasury, the Secretary
of Homeland Security, heads of the National Drug Control Program
agencies, and the Governor of each applicable State, may
designate any specified area of the United States as a high
intensity drug trafficking area.
``(2) Activities.--After making a designation under
paragraph (1) and in order to provide Federal assistance to the
area so designated, the Director may--
``(A) obligate such sums as are appropriated for the
Program;
``(B) direct the temporary reassignment of Federal
personnel to such area, subject to the approval of the
head of the department or agency that employs such
personnel;
``(C) take any other action authorized under section
704 to provide increased Federal assistance to those
areas; and
``(D) coordinate activities under this section
(specifically administrative, recordkeeping, and funds
management activities) with State, local, and tribal
officials.
``(c) Petitions for Designation.--
The <<NOTE: Regulations.>> Director shall establish regulations under
which a coalition of interested law enforcement agencies from an area
may petition for designation as a high intensity drug trafficking area.
Such regulations shall provide for a regular review by the Director of
the petition, including a recommendation regarding the merit of the
petition to the Director by a panel of qualified, independent experts.
``(d) Factors for Consideration.--In considering whether to
designate an area under this section as a high intensity drug
trafficking area, the Director shall consider, in addition to such other
criteria as the Director considers to be appropriate, the extent to
which--
``(1) the area is a significant center of illegal drug
production, manufacturing, importation, or distribution;
``(2) State, local, and tribal law enforcement agencies have
committed resources to respond to the drug trafficking problem
in the area, thereby indicating a determination to respond
aggressively to the problem;
``(3) drug-related activities in the area are having a
significant harmful impact in the area, and in other areas of
the country; and
[[Page 120 STAT. 3520]]
``(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 <<NOTE: Establishment.>> board and
officers.--To be eligible for funds appropriated under this
section, each high intensity drug trafficking area shall be
governed by an Executive Board. The Executive Board shall
designate a chairman, vice chairman, and any other officers to
the Executive Board that it determines are necessary.
``(2) Responsibilities.--The Executive Board of a high
intensity drug trafficking area shall be responsible for--
``(A) providing direction and oversight in
establishing and achieving the goals of the high
intensity drug trafficking area;
``(B) managing the funds of the high intensity drug
trafficking area;
``(C) reviewing and approving all funding proposals
consistent with the overall objective of the high
intensity drug trafficking area; and
``(D) reviewing and approving all reports to the
Director on the activities of the high intensity drug
trafficking area.
``(3) Board representation.--None of the funds appropriated
under this section may be expended for any high intensity drug
trafficking area, or for a partnership or region of a high
intensity drug trafficking area, if the Executive Board for such
area, region, or partnership, does not apportion an equal number
of votes between representatives of participating Federal
agencies and representatives of participating State, local, and
tribal agencies. Where it is impractical for an equal number of
representatives of Federal agencies and State, local, and tribal
agencies to attend a meeting of an Executive Board in person,
the Executive Board may use a system of proxy votes or weighted
votes to achieve the voting balance required by this paragraph.
``(4) No agency relationship.--The eligibility requirements
of this section are intended to ensure the responsible use of
Federal funds. Nothing in this section is intended to create an
agency relationship between individual high intensity drug
trafficking areas and the Federal Government.
``(f) Use of Funds.--The Director shall ensure that no Federal funds
appropriated for the Program are expended for the establishment or
expansion of drug treatment programs, and shall ensure that not more
than 5 percent of the Federal funds appropriated for the Program are
expended for the establishment of drug prevention programs.
``(g) Counterterrorism Activities.--
``(1) Assistance authorized.--The Director may authorize use
of resources available for the Program to assist Federal, State,
local, and tribal law enforcement agencies in investigations and
activities related to terrorism and prevention of terrorism,
especially but not exclusively with respect to such
investigations and activities that are also related to drug
trafficking.
``(2) Limitation.--The Director shall ensure--
``(A) that assistance provided under paragraph (1)
remains incidental to the purpose of the Program to
reduce
[[Page 120 STAT. 3521]]
drug availability and carry out drug-related law
enforcement activities; and
``(B) that significant resources of the Program are
not redirected to activities exclusively related to
terrorism, except on a temporary basis under
extraordinary circumstances, as determined by the
Director.
``(h) Role of Drug Enforcement Administration.--The Director, in
consultation with the Attorney General, shall ensure that a
representative of the Drug Enforcement Administration is included in the
Intelligence Support Center for each high intensity drug trafficking
area.
``(i) Annual HIDTA Program Budget Submissions.--As part of the
documentation that supports the President's annual budget request for
the Office, the Director shall submit to Congress a budget justification
that includes--
``(1) the amount proposed for each high intensity drug
trafficking area, conditional upon a review by the Office of the
request submitted by the HIDTA and the performance of the HIDTA,
with supporting narrative descriptions and rationale for each
request;
``(2) a detailed justification that explains--
``(A) the reasons for the proposed funding level;
how such funding level was determined based on a current
assessment of the drug trafficking threat in each high
intensity drug trafficking area;
``(B) how such funding will ensure that the goals
and objectives of each such area will be achieved; and
``(C) how such funding supports the National Drug
Control Strategy; and
``(3) the amount of HIDTA funds used to investigate and
prosecute organizations and individuals trafficking in
methamphetamine in the prior calendar year, and a description of
how those funds were used.
``(j) Emerging Threat Response Fund.--
``(1) In general.--Subject to the availability of
appropriations, the Director may expend up to 10 percent of the
amounts appropriated under this section on a discretionary
basis, to respond to any emerging drug trafficking threat in an
existing high intensity drug trafficking area, or to establish a
new high intensity drug trafficking area or expand an existing
high intensity drug trafficking area, in accordance with the
criteria established under paragraph (2).
``(2) Consideration of impact.--In allocating funds under
this subsection, the Director shall consider--
``(A) the impact of activities funded on reducing
overall drug traffic in the United States, or minimizing
the probability that an emerging drug trafficking threat
will spread to other areas of the United States; and
``(B) such other criteria as the Director considers
appropriate.
``(k) Evaluation.--
``(1) Initial report.--Not later than 90 days after the date
of the enactment of this section, the Director shall, after
consulting with the Executive Boards of each designated high
intensity drug trafficking area, submit a report to Congress
that describes, for each designated high intensity drug
trafficking area--
[[Page 120 STAT. 3522]]
``(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 <<NOTE: Reports.>> 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 <<NOTE: Deadline. Reports.>> of Drug Enforcement
Task Forces in High Intensity Drug Trafficking Areas.--Not later than 1
year after the date of enactment of this subsection, and as part of each
subsequent annual National Drug Control Strategy report, the Director
shall submit to Congress a report--
``(1) assessing the number and operation of all federally
funded drug enforcement task forces within each high intensity
drug trafficking area; and
``(2) describing--
``(A) each Federal, State, local, and tribal drug
enforcement task force operating in the high intensity
drug trafficking area;
``(B) how such task forces coordinate with each
other, with any high intensity drug trafficking area
task force, and with investigations receiving funds from
the Organized Crime and Drug Enforcement Task Force;
``(C) what steps, if any, each such task force takes
to share information regarding drug trafficking and drug
production with other federally funded drug enforcement
task forces in the high intensity drug trafficking area;
``(D) the role of the high intensity drug
trafficking area in coordinating the sharing of such
information among task forces;
``(E) the nature and extent of cooperation by each
Federal, State, local, and tribal participant in
ensuring that such information is shared among law
enforcement agencies and with the high intensity drug
trafficking area;
``(F) the nature and extent to which information
sharing and enforcement activities are coordinated with
joint terrorism task forces in the high intensity drug
trafficking area; and
[[Page 120 STAT. 3523]]
``(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 <<NOTE: Deadline. Reports.>> of Law Enforcement
Intelligence Sharing in High Intensity Drug Trafficking Areas Program.--
Not later than 180 days after the date of the enactment of this section,
and as part of each subsequent annual National Drug Control Strategy
report, the Director, in consultation with the Director of National
Intelligence, shall submit to Congress a report--
``(1) evaluating existing and planned law enforcement
intelligence systems supported by each high intensity drug
trafficking area, or utilized by task forces receiving any
funding under the Program, including the extent to which such
systems ensure access and availability of law enforcement
intelligence to Federal, State, local, and tribal law
enforcement agencies within the high intensity drug trafficking
area and outside of it;
``(2) the extent to which Federal, State, local, and tribal
law enforcement agencies participating in each high intensity
drug trafficking area are sharing law enforcement intelligence
information to assess current drug trafficking threats and
design appropriate enforcement strategies; and
``(3) the measures needed to improve effective sharing of
information and law enforcement intelligence regarding drug
trafficking and drug production among Federal, State, local, and
tribal law enforcement participating in a high intensity drug
trafficking area, and between such agencies and similar agencies
outside the high intensity drug trafficking area.
``(n) Coordination of Law Enforcement Intelligence Sharing With
Organized Crime Drug Enforcement Task Force Program.--The Director, in
consultation with the Attorney General, shall ensure that any drug
enforcement intelligence obtained by the Intelligence Support Center for
each high intensity drug trafficking area is shared, on a timely basis,
with the drug intelligence fusion center operated by the Organized Crime
Drug Enforcement Task Force of the Department of Justice.
``(o) Use of Funds To Combat Methamphetamine Trafficking.--
``(1) Requirement.--As <<NOTE: Reports.>> part of the
documentation that supports the President's annual budget
request for the Office, the Director shall submit to Congress a
report describing the use of HIDTA funds to investigate and
prosecute organizations and individuals trafficking in
methamphetamine in the prior calendar year.
``(2) Contents.--The report shall include--
``(A) the number of methamphetamine manufacturing
facilities discovered through HIDTA-funded initiatives
in the previous fiscal year;
``(B) the amounts of methamphetamine or listed
chemicals (as that term is defined in section 102(33) of
the Controlled Substances Act (21 U.S.C. 802(33)) seized
by HIDTA-funded initiatives in the area during the
previous year; and
[[Page 120 STAT. 3524]]
``(C) law enforcement intelligence and predictive
data from the Drug Enforcement Administration showing
patterns and trends in abuse, trafficking, and
transportation in methamphetamine and listed chemicals.
``(3) Certification.--Before the Director awards any funds
to a high intensity drug trafficking area, the Director shall
certify that the law enforcement entities participating in that
HIDTA are providing laboratory seizure data to the national
clandestine laboratory database at the El Paso Intelligence
Center.
``(p) Authorization of Appropriations.--There is authorized to be
appropriated to the Office of National Drug Control Policy to carry out
this section--
``(1) $240,000,000 for fiscal year 2007;
``(2) $250,000,000 for fiscal year 2008;
``(3) $260,000,000 for fiscal year 2009;
``(4) $270,000,000 for fiscal year 2010; and
``(5) $280,000,000 for each of fiscal year 2011.''.
SEC. 302. <<NOTE: Dawson Family Community Protection Act. 21 USC
1701 note.>> 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 <<NOTE: Carnell Dawson. Angela Dawson. 21
USC 1706 note.>> finds the following:
(1) In the early morning hours of October 16, 2002, the home
of Carnell and Angela Dawson was firebombed in apparent
retaliation for Mrs. Dawson's notification to police about
persistent drug distribution activity in their East Baltimore
City neighborhood.
(2) The arson claimed the lives of Mr. and Mrs. Dawson and
their 5 young children, aged 9 to 14.
(3) The horrific murder of the Dawson family is a stark
example of domestic narco-terrorism.
(4) In all phases of counternarcotics law enforcement--from
prevention to investigation to prosecution to reentry--the
voluntary cooperation of ordinary citizens is a critical
component.
(5) Voluntary cooperation is difficult for law enforcement
officials to obtain when citizens feel that cooperation carries
the risk of violent retaliation by illegal drug trafficking
organizations and their affiliates.
(6) Public confidence that law enforcement is doing all it
can to make communities safe is a prerequisite for voluntary
cooperation among people who may be subject to intimidation or
reprisal (or both).
(7) Witness protection programs are insufficient on their
own to provide security because many individuals and families
who strive every day to make distressed neighborhoods livable
for their children, other relatives, and neighbors will resist
or refuse offers of relocation by local, State, and Federal
prosecutorial agencies and because, moreover, the continued
presence of strong individuals and families is critical to
preserving and strengthening the social fabric in such
communities.
(8) Where (as in certain sections of Baltimore City)
interstate trafficking of illegal drugs has severe ancillary
local consequences within areas designated as high intensity
drug trafficking areas, it is important that supplementary High
Intensity
[[Page 120 STAT. 3525]]
Drug Trafficking Areas Program funds be committed to support
initiatives aimed at making the affected communities safe for
the residents of those communities and encouraging their
cooperation with tribal, local, State, and Federal law
enforcement efforts to combat illegal drug trafficking.
(c) Funding for Certain High Intensity Drug Trafficking Areas.--
Section 707, as amended by section 301, is amended by adding at the end
the following:
``(q) Specific Purposes.--
``(1) In general.--The Director shall ensure that, of the
amounts appropriated for a fiscal year for the Program, at least
$7,000,000 is used in high intensity drug trafficking areas with
severe neighborhood safety and illegal drug distribution
problems.
``(2) Required uses.--The funds used under paragraph (1)
shall be used--
``(A) to ensure the safety of neighborhoods and the
protection of communities, including the prevention of
the intimidation of potential witnesses of illegal drug
distribution and related activities; and
``(B) to combat illegal drug trafficking through
such methods as the Director considers appropriate, such
as establishing or operating (or both) a toll-free
telephone hotline for use by the public to provide
information about illegal drug-related activities.''.
SEC. 303. <<NOTE: New York. New Jersey.>> ASSESSMENT.
The Director shall assess the ability of the HIDTA Program to
respond to the so-called ``balloon effect'', whereby urban drug
traffickers facing intensive law enforcement efforts expand and spread
their trafficking and distribution into rural, suburban, and smaller
urban areas by conducting a demonstration project examining the ability
of the New York/New Jersey HIDTA, with its new single colocated
Organized Crime and Drug Enforcement Task Force/High Intensity Drug
Trafficking Area Strike Force and HIDTA Regional Intelligence Center, to
address the movement of drug traffickers into the more rural, suburban,
and smaller areas encompassed by the counties of Albany, Onondaga,
Monroe, and Erie in New York State and by annexing these counties into
the existing New York/New Jersey HIDTA.
TITLE IV--TECHNOLOGY
SEC. 401. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER.
(a) Chief Scientist.--Section <<NOTE: 21 USC 1707.>> 708(b) is
amended to read as follows:
``(b) Chief Scientist.--There shall be at the head of the Center the
Chief Scientist, who shall be appointed by the Director from among
individuals qualified and distinguished in the area of science,
medicine, engineering, or technology.''.
(b) Responsibilities.--
(1) Research and development.--Section 708 is amended by--
(A) redesignating subsection (d) as subsection (e);
and
(B) striking subsection (c) and inserting the
following:
[[Page 120 STAT. 3526]]
``(c) Research and Development Responsibilities.--The Director,
acting through the Chief Scientist, shall--
``(1) identify and define the short-, medium-, and long-term
scientific and technological needs of Federal, State, local, and
tribal drug supply reduction agencies, including--
``(A) advanced surveillance, tracking, and radar
imaging;
``(B) electronic support measures;
``(C) communications;
``(D) data fusion, advanced computer systems, and
artificial intelligence; and
``(E) chemical, biological, radiological (including
neutron and electron), and other means of detection;
``(2) identify demand reduction basic and applied research
needs and initiatives, in consultation with affected National
Drug Control Program agencies, including--
``(A) improving treatment through neuroscientific
advances;
``(B) improving the transfer of biomedical research
to the clinical setting; and
``(C) in consultation with the National Institute of
Drug Abuse and the Substance Abuse and Mental Health
Services Administration, and through interagency
agreements or grants, examining addiction and
rehabilitation research and the application of
technology to expanding the effectiveness and
availability of drug treatment;
``(3) make a priority ranking of such needs identified in
paragraphs (1) and (2) according to fiscal and technological
feasibility, as part of a National Counterdrug Research and
Development Program;
``(4) oversee and coordinate counterdrug technology
initiatives with related activities of other Federal civilian
and military departments;
``(5) provide support to the development and implementation
of the national drug control performance measurement system
established under subsection (c) of section 706; and
``(6) pursuant to the authority of the Director of National
Drug Control Policy under section 704, submit requests to
Congress for the reprogramming or transfer of funds appropriated
for counterdrug technology research and development.
``(d) Limitation on Authority.--The authority granted to the
Director under this section shall not extend to the awarding of
contracts, management of individual projects, or other operational
activities.''.
(2) Assistance and support.--Subsection (e) of section 708,
as redesignated by this section, is amended to read as follows:
``(e) Assistance and Support to the Office of National Drug Control
Policy.--The Secretary of Defense, the Secretary of Homeland Security,
and the Secretary of Health and Human Services shall, to the maximum
extent practicable, render assistance and support to the Office and to
the Director in the conduct of counterdrug technology assessment.''.
(3) Technology transfer program.--Section 708 is amended by
adding at the end the following:
``(f) Technology Transfer Program.--
[[Page 120 STAT. 3527]]
``(1) Program.--The Chief Scientist, with the advice and
counsel of experts from State, local, and tribal law enforcement
agencies, shall be responsible to the Director for coordination
and implementation of a counterdrug technology transfer program.
``(2) Purpose.--The purpose of the Technology Transfer
Program shall be for the Counterdrug Technology Assessment
Center to transfer technology and associated training directly
to State, local, and tribal law enforcement agencies.
``(3) Priority of receipts.--Transfers shall be made in
priority order based on--
``(A) the need of potential recipients for such
technology;
``(B) the effectiveness of the technology to enhance
current counterdrug activities of potential recipients;
and
``(C) the ability and willingness of potential
recipients to evaluate transferred technology.
``(4) Agreement authority.--The Director may enter into an
agreement with the Secretary of Homeland Security to transfer
technology with both counterdrug and homeland security
applications to State, local, and tribal law enforcement
agencies on a reimbursable basis.
``(5) Report.--On or before July 1 of each year, the
Director shall submit a report to the appropriate congressional
committees that addresses the following:
``(A) The number of requests received during the
previous 12 months, including the identity of each
requesting agency and the type of technology requested.
``(B) The number of requests fulfilled during the
previous 12 months, including the identity of each
recipient agency and the type of technology transferred.
``(C) A summary of the criteria used in making the
determination on what requests were funded and what
requests were not funded, except that such summary shall
not include specific information on any individual
requests.
``(D) A general assessment of the future needs of
the program, based on expected changes in threats,
expected technologies, and likely need from potential
recipients.
``(E) An assessment of the effectiveness of the
technologies transferred, based in part on the
evaluations provided by the recipients, with a
recommendation whether the technology should continue to
be offered through the program.''.
(c) Assistance From Secretary of Homeland Security.--Section 708(d)
(21 U.S.C. 1707(d)) is amended by inserting ``, the Secretary of
Homeland Security,'' after ``The Secretary of Defense''.
TITLE V--NATIONAL YOUTH MEDIA CAMPAIGN
SEC. 501. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
(a) In General.--Section 709 (21 U.S.C. 1708) is amended to read as
follows:
[[Page 120 STAT. 3528]]
``SEC. 709. NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN.
``(a) In General.--The Director shall conduct a national youth anti-
drug media campaign (referred to in this subtitle as the `national media
campaign') in accordance with this section for the purposes of--
``(1) preventing drug abuse among young people in the United
States;
``(2) increasing awareness of adults of the impact of drug
abuse on young people; and
``(3) encouraging parents and other interested adults to
discuss with young people the dangers of illegal drug use.
``(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) Subject to the availability of
appropriations, no more than $1,500,000 may be
expended under this section each fiscal year on
creative services, except
[[Page 120 STAT. 3529]]
that the Director may expend up to $2,000,000 in a
fiscal year on creative services to meet urgent
needs of the national media campaign with advance
approval from the Committee on Appropriations of
the Senate and of the House of Representatives
upon a showing of the circumstances causing such
urgent needs of the national media campaign.
``(B) Testing and evaluation of advertising.--In
using amounts for testing 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 by April 20 of each year 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.--Subject to
the availability of appropriations, 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 72 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
[[Page 120 STAT. 3530]]
than 82 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 or if the Director
determines that another entity is more
appropriate, subject to the requirements
of subsection (b)(2)(A).
If <<NOTE: Notification. Deadline.>> the Director
determines that another entity is more appropriate under
clause (ii)(IV), the Director shall notify Congress,
through the committees of jurisdiction in the House and
Senate, in writing, not less than 30 days prior to
contracting with a party other than the Partnership for
a Drug-Free America.
[[Page 120 STAT. 3531]]
``(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 anti-drug 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 anti-drug 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
[[Page 120 STAT. 3532]]
``(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 5
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 4 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
[[Page 120 STAT. 3533]]
under this section, the Director may emphasize prevention of
youth marijuana use.
``(k) Prevention of Methamphetamine Abuse and Other Emerging Drug
Abuse Threats.--
``(1) Requirement to use 10 percent of funds for
methamphetamine abuse prevention.--The Director shall ensure
that, of the amounts appropriated under this section for the
national media campaign for a fiscal year, not less than 10
percent shall be expended solely for the activities described in
subsection (b)(1) with respect to advertisements specifically
intended to reduce the use of methamphetamine.
``(2) Authority to use funds for other drug abuse upon
certification that methamphetamine abuse fell during fiscal year
2007.--With respect to fiscal year 2008 and any fiscal year
thereafter, if the Director certifies in writing to Congress
that domestic methamphetamine laboratory seizures (as reported
to the El Paso Intelligence Center of the Drug Enforcement
Administration) decreased to at least 75 percent of the 2006
level, or the Director has documented a highly, statistically
significant increase in a specific drug, from a baseline
determined by locally collected data, that can be defined as a
local drug crisis, the Director may apply paragraph (1)(A) for
that fiscal year with respect to advertisements specifically
intended to reduce the use of such other drugs.
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Office to carry out this section, $195,000,000 for
each of fiscal years 2007 and 2008 and $210,000,000 for each of fiscal
years 2009 through 2011.''.
(b) Repeal of Superseded Provisions.--The Drug-Free Media Campaign
Act of 1998 (21 U.S.C. 1801 et seq.) <<NOTE: 21 USC 1801-1804.>> is
repealed.
TITLE VI--AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
Section 714 <<NOTE: 21 USC 1713.>> is amended--
(1) by striking ``title,'' and inserting ``title except
activities otherwise specified,''; and
(2) by striking ``1999 through 2003'' and inserting ``2006
through 2010''.
SEC. 602. EXTENSION OF TERMINATION DATE.
Section 715(a) <<NOTE: 21 USC 1714.>> is amended by striking
``September 30, 2003, this title and the amendments made by this title''
and inserting ``September 30, 2010, this title and the amendments made
to this title''.
TITLE VII--ANTI-DOPING AGENCY
SEC. 701. <<NOTE: 21 USC 2001.>> DESIGNATION OF UNITED STATES
ANTI-DOPING AGENCY.
(a) Definitions.--In this title:
(1) United states olympic committee.--The term ``United
States Olympic Committee'' means the organization established by
the ``Ted Stevens Olympic and Amateur Sports Act'' (36 U.S.C.
220501 et seq.).
[[Page 120 STAT. 3534]]
(2) Amateur athletic competition.--The term ``amateur
athletic competition'' means a contest, game, meet, match,
tournament, regatta, or other event in which amateur athletes
compete (36 U.S.C. 220501(b)(2)).
(3) Amateur athlete.--The term ``amateur athlete'' means an
athlete who meets the eligibility standards established by the
national governing body or paralympic sports organization for
the sport in which the athlete competes (36 U.S.C. 22501(b)(1)).
(4) Gene doping.--The term ``gene doping'' means the
nontherapeutic use of cells, genes, genetic elements, or of the
modulation of gene expression, having the capacity to enhance
athletic performance.
(b) In General.--The United States Anti-Doping Agency shall--
(1) serve as the independent anti-doping organization for
the amateur athletic competitions recognized by the United
States Olympic Committee;
(2) ensure that athletes participating in amateur athletic
activities recognized by the United States Olympic Committee are
prevented from using performance-enhancing drugs, or
performance-enhancing genetic modifications accomplished through
gene-doping;
(3) implement anti-doping education, research, testing, and
adjudication programs to prevent United States Amateur Athletes
participating in any activity recognized by the United States
Olympic Committee from using performance-enhancing drugs, or
performance-enhancing genetic modifications accomplished through
gene-doping;
(4) serve as the United States representative responsible
for coordination with other anti-doping organizations
coordinating amateur athletic competitions recognized by the
United States Olympic Committee to ensure the integrity of
athletic competition, the health of the athletes and the
prevention of use of performance-enhancing drugs, or
performance-enhancing genetic modifications accomplished through
gene-doping by United States amateur athletes; and
(5) permanently include ``gene doping'' among any list of
prohibited substances adopted by the Agency.
SEC. 702. <<NOTE: 21 USC 2002.>> RECORDS, AUDIT, AND REPORT.
(a) Records.--The United States Anti-Doping Agency shall keep
correct and complete records of account.
(b) Report.--The United States Anti-Doping Agency shall submit an
annual report to Congress which shall include--
(1) an audit conducted and submitted in accordance with
section 10101 of title 36, United States Code; and
(2) a description of the activities of the agency.
SEC. 703. <<NOTE: 21 USC 2003.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the United States Anti-
Doping Agency--
(1) for fiscal year 2007, $9,700,000;
(2) for fiscal year 2008, $10,300,000;
(3) for fiscal year 2009, $10,600,000;
(4) for fiscal year 2010, $11,000,000; and
(5) for fiscal year 2011, $11,500,000.
[[Page 120 STAT. 3535]]
TITLE VIII--DRUG-FREE COMMUNITIES
SEC. 801. REAUTHORIZATION.
(a) In General.--Section 1024(a) of the Drug-Free Communities Act of
1997 (21 U.S.C. 1524(a)) is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon;
(2) in paragraph (10), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(11) $109,000,000 for fiscal year 2008;
``(12) $114,000,000 for fiscal year 2009;
``(13) $119,000,000 for fiscal year 2010;
``(14) $124,000,000 for fiscal year 2011; and
``(15) $129,000,000 for fiscal year 2012.''.
(b) Administration Costs.--Section 1024(b) of the Drug-Free
Communities Act of 1997 (21 U.S.C. 1524(b)) is amended to read as
follows:
``(b) Administrative Costs.--
``(1) Limitation.--Not more than 3 percent of the funds
appropriated for this chapter may be used by the Office of
National Drug Control Policy to pay for administrative costs
associated with their responsibilities under the chapter.
``(2) Designated agency.--The agency delegated to carry out
this program under section 1031(d) may use up to 5 percent of
the funds allocated for grants under this chapter for
administrative costs associated with carrying out the
program.''.
SEC. 802. SUSPENSION OF GRANTS.
(a) In General.--Section 1032(b) of the Drug-Free Communities Act of
1997 (21 U.S.C. 1532(b)) is amended by adding at the end the following:
``(4) Process for suspension.--A grantee shall not be
suspended or terminated under paragraph (1)(A)(ii), (2)(A)(iii),
or (3)(E) unless that grantee is afforded a fair, timely, and
independent appeal prior to such suspension or termination.''.
(b) Report <<NOTE: 21 USC 1532 note.>> to Congress.--Not later than
60 days after the date of enactment of this Act, the Director of the
Office of National Drug Control Policy shall submit to Congress a report
detailing the appeals process required by section 1032(b)(4) of the
Drug-Free Communities Act of 1997, as added by subsection (a).
SEC. 803. GRANT AWARD INCREASE.
Subsections (b)(1)(A)(iv), (b)(2)(C)(i), and (b)(3)(F) of section
1032 of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532) are
amended by striking ``$100,000'' and inserting ``$125,000''.
SEC. 804. PROHIBITION ON ADDITIONAL ELIGIBILITY CRITERIA.
Section 1032(a) of the Drug-Free Communities Act of 1997 (21 U.S.C.
1532(a)) is amended by adding at the end the following:
``(7) Additional criteria.--The Director shall not impose
any eligibility criteria on new applicants or renewal grantees
not provided in this chapter.''.
SEC. 805. NATIONAL COMMUNITY ANTI-DRUG COALITION INSTITUTE.
Section 4 of Public Law 107-82 (21 U.S.C. 1521 note), reauthorizing
the Drug-Free Communities Support Program, is amended--
(1) by amending subsection (a) to read as follows:
[[Page 120 STAT. 3536]]
``(a) In General.--The <<NOTE: Grants.>> Director of the Office of
National Drug Control Policy shall, using amounts authorized to be
appropriated by subsection (d), make a directed grant to Community Anti-
Drug Coalitions of America to provide for the continuation of the
National Community Anti-drug Coalition Institute.'';
(2) by striking subsection (b) and redesignating subsections
(c) and (d) as (b) and (c), respectively; and
(3) in subsection (c), as redesignated by paragraph (2), by
adding at the end the following:
``(4) For each of the fiscal years 2008 through 2012,
$2,000,000.''.
TITLE IX--NATIONAL GUARD COUNTERDRUG SCHOOLS
SEC. 901. <<NOTE: 32 USC 112 note.>> NATIONAL GUARD COUNTERDRUG
SCHOOLS.
(a) Authority To Operate.--Under such regulations as the Secretary
of Defense may prescribe, the Chief of the National Guard Bureau may
establish and operate, or provide financial assistance to the States to
establish and operate, not more than 5 schools (to be known generally as
``National Guard counterdrug schools'').
(b) Purpose.--The purpose of the National Guard counterdrug schools
shall be the provision by the National Guard of training in drug
interdiction and counterdrug activities and drug demand reduction
activities to personnel of the following:
(1) Federal agencies.
(2) State, local, and tribal law enforcement agencies.
(3) Community-based organizations engaged in such
activities.
(4) Other non-Federal governmental and private entities and
organizations engaged in such activities.
(c) Counterdrug Schools Specified.--The National Guard counterdrug
schools operated under the authority in subsection (a) are as follows:
(1) The National Interagency Civil-Military Institute
(NICI), San Luis Obispo, California.
(2) The Multi-Jurisdictional Counterdrug Task Force Training
(MCTFT), St. Petersburg, Florida.
(3) The Midwest Counterdrug Training Center (MCTC),
Johnston, Iowa.
(4) The Regional Counterdrug Training Academy (RCTA),
Meridian, Mississippi.
(5) The Northeast Regional Counterdrug Training Center
(NCTC), Fort Indiantown Gap, Pennsylvania.
(d) Use of National Guard Personnel.--
(1) In general.--To the extent provided for in the State
drug interdiction and counterdrug activities plan of a State in
which a National Guard counterdrug school is located, personnel
of the National Guard of that State who are ordered to perform
full-time National Guard duty authorized under section 112(b) of
that title 32, United States Code, may provide training referred
to in subsection (b) at that school.
(2) Definition.--In this subsection, the term ``State drug
interdiction and counterdrug activities plan'', in the case of a
State, means the current plan submitted by the Governor
[[Page 120 STAT. 3537]]
of the State to the Secretary of Defense under section 112 of
title 32, United States Code.
(e) Treatment <<NOTE: Applicability.>> Under Authority To Provide
Counterdrug Support.--The provisions of section 1004 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10
U.S.C. 374 note) shall apply to any activities of a National Guard
counterdrug school under this section that are for an agency referred to
in subsection (a) of such section 1004 and for a purpose set forth in
subsection (b) of such section 1004.
(f) Annual Reports on Activities.--
(1) In general.--Not later than February 1 each year, the
Secretary of Defense shall submit to Congress a report on the
activities of the National Guard counterdrug schools during the
preceding year.
(2) Contents.--Each report under paragraph (1) shall set
forth the following:
(A) Funding.--The amount made available for each
National Guard counterdrug school during the fiscal year
ending in the year preceding the year in which such
report is submitted.
(B) Activities.--A description of the activities of
each National Guard counterdrug school during the year
preceding the year in which such report is submitted.
(g) Authorization of Appropriations.--
(1) In general.--There is hereby authorized to be
appropriated for the Department of Defense for the National
Guard for each of fiscal years 2006 through 2010, $30,000,000
for purposes of the National Guard counterdrug schools in such
fiscal year.
(2) Construction.--The amount authorized to be appropriated
by paragraph (1) for a fiscal year is in addition to any other
amount authorized to be appropriated for the Department of
Defense for the National Guard for such fiscal year.
TITLE <<NOTE: National Meth- amphetamine Information Clearinghouse Act
of 2006.>> X--NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE ACT OF
2006
SEC. <<NOTE: 21 USC 2001 note.>> 1001. SHORT TITLE.
This title may be cited as the ``National Methamphetamine
Information Clearinghouse Act of 2006''.
SEC. <<NOTE: 21 USC 2011.>> 1002. DEFINITIONS.
In this title--
(1) the term ``Council'' means the National Methamphetamine
Advisory Council established under section 1003(b)(1);
(2) the term ``drug endangered children'' means children
whose physical, mental, or emotional health are at risk because
of the production, use, or other effects of methamphetamine
production or use by another person;
(3) the term ``National Methamphetamine Information
Clearinghouse'' or ``NMIC'' means the information clearinghouse
established under section 1003(a); and
[[Page 120 STAT. 3538]]
(4) the term ``qualified entity'' means a State, local, or
tribal government, school board, or public health, law
enforcement, nonprofit, community anti-drug coalition, or other
nongovernmental organization providing services related to
methamphetamines.
SEC. 1003. <<NOTE: 21 USC 2012.>> ESTABLISHMENT OF CLEARINGHOUSE
AND ADVISORY COUNCIL.
(a) Clearinghouse.--There is established, under the supervision of
the Attorney General of the United States, an information clearinghouse
to be known as the National Methamphetamine Information Clearinghouse.
(b) Advisory Council.--
(1) In general.--There is established an advisory council to
be known as the National Methamphetamine Advisory Council.
(2) Membership.--The Council shall consist of 10 members
appointed by the Attorney General--
(A) not fewer than 3 of whom shall be
representatives of law enforcement agencies;
(B) not fewer than 4 of whom shall be
representatives of nongovernmental and nonprofit
organizations providing services or training and
implementing programs or strategies related to
methamphetamines; and
(C) 1 of whom shall be a representative of the
Department of Health and Human Services.
(3) Period of appointment; vacancies.--Members shall be
appointed for 3 years. Any vacancy in the Council shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(4) Personnel matters.--
(A) Travel expenses.--The members of the Council
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Council.
(B) No compensation.--The members of the Council
shall not receive compensation for the performance of
the duties of a member of the Council.
SEC. 1004. <<NOTE: 21 USC 2013.>> NMIC REQUIREMENTS AND REVIEW.
(a) In General.--The NMIC shall promote sharing information
regarding successful law enforcement, treatment, environmental,
prevention, social services, and other programs related to the
production, use, or effects of methamphetamine and grants available for
such programs.
(b) Components.--The <<NOTE: Communications and tele-
communications. Website.>> NMIC shall include--
(1) a toll-free number; and
(2) a website that provides a searchable database, which--
(A) provides information on the short-term and long-
term effects of methamphetamine use;
(B) provides information regarding methamphetamine
treatment and prevention programs and strategies and
programs for drug endangered children, including
descriptions of successful programs and strategies and
contact information for such programs and strategies;
[[Page 120 STAT. 3539]]
(C) provides information regarding grants for
methamphetamine-related programs, including contact
information and links to websites;
(D) allows a qualified entity to submit items to be
posted on the website regarding successful public or
private programs or other useful information related to
the production, use, or effects of methamphetamine;
(E) includes a restricted section that may only be
accessed by a law enforcement organization that contains
successful strategies, training techniques, and other
information that the Council determines helpful to law
enforcement agency efforts to identify or combat the
production, use, or effects of methamphetamine;
(F) allows public access to all information not in a
restricted section; and
(G) contains any additional information the Council
determines may be useful in identifying or combating the
production, use, or effects of methamphetamine.
Thirty <<NOTE: Deadline. Abolishment.>> days after the website in
paragraph (2) is operational, no funds shall be expended to continue the
website methresources.gov.
(c) Review of Posted Information.--
(1) In general.--Not <<NOTE: Deadline.>> later than 30 days
after the date of submission of an item by a qualified entity,
the Council shall review an item submitted for posting on the
website described in subsection (b)(2)--
(A) to evaluate and determine whether the item, as
submitted or as modified, meets the requirements for
posting; and
(B) in consultation with the Attorney General, to
determine whether the item should be posted in a
restricted section of the website.
(2) Determination.--Not <<NOTE: Deadline.>> later than 45
days after the date of submission of an item, the Council
shall--
(A) post the item on the website described in
subsection (b)(2); or
(B) <<NOTE: Notification.>> notify the qualified
entity that submitted the item regarding the reason such
item shall not be posted and modifications, if any, that
the qualified entity may make to allow the item to be
posted.
SEC. 1005. <<NOTE: 21 USC 2014.>> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) for fiscal year 2007--
(A) $500,000 to establish the NMIC and Council; and
(B) such sums as are necessary for the operation of
the NMIC and Council; and
(2) for each of fiscal years 2008 and 2009, such sums as are
necessary for the operation of the NMIC and Council.
TITLE XI--MISCELLANEOUS PROVISIONS
SEC. 1101. REPEALS.
(a) Act.--Section 710 <<NOTE: 21 USC 1709.>> is repealed.
(b) Forfeiture Assets.--Section 6073 of the Assets Forfeiture
Amendments Act of 1988 (21 U.S.C. 1509) is repealed.
[[Page 120 STAT. 3540]]
SEC. 1102. CONTROLLED SUBSTANCES ACT AMENDMENTS.
Section 303(g)(2) of the Controlled Substances Act (21 U.S.C.
823(g)(2)) is amended--
(1) <<NOTE: Deadline. Notification.>> in subparagraph
(B)(iii), by striking ``except that the'' and inserting the
following: ``unless, not sooner than 1 year after the date on
which the practitioner submitted the initial notification, the
practitioner submits a second notification to the Secretary of
the need and intent of the practitioner to treat up to 100
patients. A second notification under this clause shall contain
the certifications required by clauses (i) and (ii) of this
subparagraph. The''; and
(2) in subparagraph (J)--
(A) in clause (i), by striking ``thereafter'' and
all that follows through the period and inserting
``thereafter.'';
(B) in clause (ii), by striking ``Drug Addiction
Treatment Act of 2000'' and inserting ``Office of
National Drug Control Policy Reauthorization Act of
2006''; and
(C) in clause (iii), by striking ``this paragraph
should not remain in effect, this paragraph ceases to be
in effect'' and inserting ``subparagraph (B)(iii) should
be applied by limiting the total number of patients a
practitioner may treat to 30, then the provisions in
such subparagraph (B)(iii) permitting more than 30
patients shall not apply, effective''.
SEC. 1103. REPORT ON LAW ENFORCEMENT INTELLIGENCE SHARING.
Not later than 180 days after the date of enactment of this Act, the
Director shall submit to Congress a report--
(1) evaluating existing and planned law enforcement
intelligence systems used by Federal, State, local, and tribal
law enforcement agencies responsible for drug trafficking and
drug production enforcement; and
(2) addressing--
(A) the current law enforcement intelligence systems
used by Federal, State, local, and tribal law
enforcement agencies;
(B) the compatibility of such systems in ensuring
access and availability of law enforcement intelligence
to Federal, State, local, and tribal law enforcement;
(C) the extent to which Federal, State, local, and
tribal law enforcement are sharing law enforcement
intelligence information to assess current threats and
design appropriate enforcement strategies; and
(D) the measures needed to ensure and to promote
effective information sharing among law enforcement
intelligence systems operated by Federal, State, local,
and tribal law enforcement agencies responsible for drug
trafficking and drug production enforcement.
SEC. 1104. REQUIREMENT FOR SOUTH AMERICAN HEROIN STRATEGY.
(a) In General.--Not <<NOTE: Deadline.>> later than 90 days after
the date of enactment of this Act, the Director, in coordination with
the Secretary of State, shall submit to 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.
[[Page 120 STAT. 3541]]
(b) Contents.--The strategy submitted under subsection (a) shall
include--
(1) opium eradication efforts to eliminate the problem at
the source to prevent heroin from entering the stream of
commerce;
(2) interdiction and precursor chemical controls;
(3) demand reduction and treatment;
(4) 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, cocoa, or other illicit drug
production or trafficking;
(5) efforts to inform and involve local citizens in the
programs described in paragraphs (1) through (4), such as
through leaflets advertising rewards for information; and
(6) an 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.
(c) Treatment of Classified or Law Enforcement Sensitive
Information.--Any content of the strategy submitted under subsection (a)
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 of national security activities of
any Federal, foreign, or international agency, shall be presented to
Congress separately from the rest of the strategy.
SEC. 1105. <<NOTE: 21 USC 1701 note.>> MODEL ACTS.
(a) In General.--The <<NOTE: Contracts.>> Director of the Office of
National Drug Control Policy shall provide for or shall enter into an
agreement with a non-profit corporation that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code to--
(1) advise States on establishing laws and policies to
address alcohol and other drug issues, based on the model State
drug laws developed by the President's Commission on Model State
Drug Laws in 1993; and
(2) revise such model State drug laws and draft
supplementary model State laws to take into consideration
changes in the alcohol and drug abuse problems in the State
involved.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this subsection $1,500,000 for each of fiscal
years 2007 through 2011.
SEC. 1106. STUDY ON IATROGENIC ADDICTION ASSOCIATED WITH
PRESCRIPTION OPIOID ANALGESIC DRUGS.
(a) In General.--
(1) Study.--The <<NOTE: Contracts.>> Director of the Office
of National Drug Control Policy shall request the Institute of
Medicine of the National Academy of Sciences to enter into an
agreement under which the Institute agrees to study certain
aspects of iatrogenic addiction to prescription opioid
analgesics included in schedules II and III of the Controlled
Substances Act (21 U.S.C. 812).
(2) Iatrogenic addiction.--In this section, the term
``iatrogenic addiction'' means an addiction developed from the
use of an opioid analgesic by an individual with no previous
history of any addiction, who has lawfully obtained and used the
drug
[[Page 120 STAT. 3542]]
for a legitimate medical purpose by administration from, or
pursuant to the prescription or order of, an individual
practitioner acting in the usual course of professional
practice.
(b) Requirements.--The study conducted pursuant to this section
shall assess the current scientific literature to determine, if
possible--
(1) the rate of iatrogenic addiction associated with the
appropriate use of prescription drugs described in subsection
(a);
(2) the impact of iatrogenic addiction associated with the
appropriate use of prescription drugs described in subsection
(a) on the individual, the prescriber, other patients, and
society in general;
(3) the comparative abuse liability of prescription drugs
described in subsection (a) when used properly by the ultimate
user for a legitimate medical purpose; and
(4)(A) what types of prospective or retrospective studies
should be undertaken to determine the rate of iatrogenic
addiction associated with the appropriate use of the
prescription drugs described in subsection (a); and
(B) a feasible timeline for conducting and reporting such
studies, should the current state of the scientific literature
be insufficient to determine the rate, impact, and comparative
abuse liability of prescription drugs described in subsection
(a).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Director of the Office of National Drug Control Policy
shall ensure that the agreement under subsection (a) provides for the
submission of a report to the Congress on the status of the study
conducted pursuant to this section.
SEC. 1107. REQUIREMENT FOR STRATEGY TO STOP INTERNET ADVERTISING
OF PRESCRIPTION MEDICINES WITHOUT A
PRESCRIPTION.
Not later <<NOTE: Deadline.>> than 120 days after the date of the
enactment of this Act, the Director of the Office of National Drug
Control Policy shall submit to Congress a strategy to stop
advertisements that provide information about obtaining over the
Internet drugs (as defined in section 702(3) of the Office of National
Drug Control Policy Reauthorization Act of 1998) for which a
prescription is required without the use of such a lawful prescription.
SEC. 1108. REQUIREMENT FOR STUDY ON DIVERSION AND INAPPROPRIATE
USES OF PRESCRIPTION DRUGS.
Not <<NOTE: Deadline. Reports.>> later than 90 days after the date
of enactment of this Act, the Director of the Office of National Drug
Control Policy, in consultation with the Secretary of Health and Human
Services, shall submit to Congress a report that includes a plan to
conduct a study on the illegal diversion and inappropriate uses of
prescription drugs, including the following:
(1) Methods to utilize both public use surveys that are in
existence as of the date of enactment of this Act and other
surveys to provide appropriate baseline data on the natural
history of diversion and abuse of prescription drugs that are
included in schedules under the Controlled Substances Act to
evaluate the extent and nature of potential problems with such
use to guide corrective actions which may reduce such problems
without unintentionally hindering access to these
[[Page 120 STAT. 3543]]
drugs for legitimate medical purposes. Specifically, other
surveys to be considered are those that address the abuse of
these substances on a regional or national basis, and those that
address the diversion of these substances on a regional or
national basis.
(2) A scientifically based analysis of the relative
contribution of both innate and acquired genetic factors,
environmental factors, psychological factors, and drug
characteristics that contribute to addiction to prescription
drugs.
SEC. 1109. REQUIREMENT FOR AFGHAN HEROIN STRATEGY.
(a) In General.--Not <<NOTE: Deadline.>> 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.
(b) Contents.--The strategy shall include--
(1) opium crop eradication efforts to eliminate the problem
at the source to prevent heroin from entering the stream of
commerce;
(2) destruction or other direct elimination of stockpiles of
heroin and raw opium, and heroin production and storage
facilities;
(3) interdiction and precursor chemical controls;
(4) demand reduction and treatment;
(5) alternative development programs;
(6) 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
(7) an assessment of the specific level of funding and
resources necessary to significantly reduce the production and
trafficking of heroin.
(c) 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.
SEC. 1110. <<NOTE: 21 USC 1705 note.>> REQUIREMENT FOR SOUTHWEST
BORDER COUNTERNARCOTICS STRATEGY.
(a) In General.--Not <<NOTE: Deadlines.>> later than 120 days after
the date of enactment of this Act, and every 2 years thereafter, the
Director of National Drug Control Policy shall submit to the Congress a
Southwest Border Counternarcotics Strategy.
(b) Purposes.--The Southwest Border Counternarcotics Strategy
shall--
(1) 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;
(2) 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
[[Page 120 STAT. 3544]]
Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing
that strategy; and
(3) identify the specific resources required to enable the
relevant National Drug Control Program agencies to implement
that strategy.
(c) Specific Content Related to Drug Tunnels Between the United
States and Mexico.--The Southwest Border Counternarcotics Strategy shall
include--
(1) a strategy to end the construction and use of tunnels
and subterranean passages that cross the international border
between the United States and Mexico for the purpose of illegal
trafficking of drugs across such border; and
(2) recommendations for criminal penalties for persons who
construct or use such a tunnel or subterranean passage for such
a purpose.
(d) 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.
(e) 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.
(f) 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.
(g) 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, local, or tribal agency, shall be
presented to Congress separately from the rest of the strategy.
SEC. 1111. REQUIREMENT FOR SCIENTIFIC STUDY OF MYCOHERBICIDE IN
ILLICIT DRUG CROP ERADICATION.
(a) Requirement.--Not <<NOTE: Deadline. Reports.>> 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 mycoherbicides derived from fungus naturally existing in the
soil.
(b) Study.--The study required by this section shall be conducted in
United States territory and not in any foreign country.
[[Page 120 STAT. 3545]]
SEC. 1112. REQUIREMENT FOR STUDY OF STATE PRECURSOR CHEMICAL
CONTROL LAWS.
(a) Study.--The Director of National Drug Control Policy, in
consultation with the National Alliance for Model State Drug Laws, shall
conduct a study of State laws with respect to precursor chemical
controls.
(b) Report.--Not later than 6 months after the date of the enactment
of this Act, the Director of National Drug Control Policy shall submit a
report to Congress on the results of the study under subsection (a),
including--
(1) a comparison of the State laws studied and the
effectiveness of each such law; and
(2) a list of best practices observed with respect to such
laws.
SEC. 1113. REQUIREMENT FOR STUDY OF DRUG ENDANGERED CHILDREN
PROGRAMS.
(a) Study.--The Director of National Drug Control Policy shall
conduct a study of methamphetamine-related activities that are conducted
by different Drug Endangered Children programs administered by States.
(b) Report.--Not later than 6 months after the date of the enactment
of this Act, the Director of National Drug Control Policy shall submit
to Congress a report on the results of the study under subsection (a).
Such report shall include--
(1) an analysis of the best practices of the activities
studied; and
(2) recommendations for establishing a national policy to
address drug endangered children, based on the Drug Endangered
Children programs administered by States.
(c) Definitions.--In this section--
(1) the term ``methamphetamine-related activity'' means any
activity related to the production, use, or effects of
methamphetamine; and
(2) the term ``drug endangered children'' means children
whose physical, mental, or emotional health are at risk because
of the production, use, or effects of methamphetamine by another
person.
SEC. 1114. <<NOTE: Schools.>> STUDY ON DRUG COURT HEARINGS IN
NONTRADITIONAL PLACES.
(a) Finding.--Congress finds that encouraging drug courts and
schools to enter into partnerships that allow students to see the
repercussions of drug abuse by non-violent offenders may serve as a
strong deterrent and promote demand reduction.
(b) Study.--The <<NOTE: Arkansas.>> Director of the Office of
National Drug Control Policy shall conduct a study on drug court
programs that conduct hearings in nontraditional public places, such as
schools. At a minimum, the study shall evaluate similar programs in
operation, such as the program operated in the Fourth Judicial District
Drug Court, in Washington County, Arkansas.
(c) Requirement.--At <<NOTE: Deadline. Reports. President.>> the
same time the President submits to Congress the National Drug Control
Strategy due February 1, 2007, pursuant to section 706 of the Office of
National Drug Control Policy Reauthorization Act of 1998, the President
shall submit to Congress a report on the study conducted under
subsection (b). The report shall include an evaluation of the results of
the
[[Page 120 STAT. 3546]]
study and such recommendations as the President considers appropriate.
(d) Demand Reduction.--In this section, the term ``demand
reduction'' has the meaning provided in section 702(1) of the Office of
National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.
1701(1)).
SEC. 1115. REPORT ON TRIBAL GOVERNMENT PARTICIPATION IN HIDTA
PROCESS.
(a) Report Requirement.--The Director of the Office of National Drug
Control Policy shall prepare a report for Congress on the representation
of tribal governments in the High Intensity Drug Trafficking Areas
Program and in high intensity drug trafficking areas designated under
that Program. The report shall include--
(1) a list of the tribal governments represented in the
Program and a description of the participation by such
governments in the Program;
(2) an explanation of the rationale for the level of
representation by such governments; and
(3) recommendations by the Director for methods for
increasing the number of tribal governments represented in the
Program.
(b) Deadline.--The report prepared under subsection (a) shall be
submitted not later than 1 year after the date of the enactment of this
Act.
(c) Definition.--In this section, the term ``High Intensity Drug
Trafficking Areas Program'' means the program established under section
707 of the Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1706)
SEC. 1116. REPORT ON SCHOOL DRUG TESTING.
(a) Report Requirement.--The Director of National Drug Control
Policy shall prepare a report on drug testing in schools. The report
shall include a list of secondary schools that have initiated drug
testing from among those schools that have attended conferences on drug
testing sponsored by the Office of National Drug Control Policy.
(b) Deadline.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit to Congress the report required under subsection (a).
SEC. 1117. REPORT ON ONDCP PERFORMANCE BONUSES.
(a) Report Requirement.--The Director of National Drug Control
Policy shall prepare a report on performance bonuses at the Office of
National Drug Control Policy. The report shall include a list of
employees who received performance bonuses, and the amount of such
bonuses, for the period beginning on October 1, 2004, and ending on the
date of submission of the report.
(b) Deadline.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Drug Control Policy
shall submit to Congress the report required under subsection (a).
SEC. 1118. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF
ALL FEDERAL ADVERTISING OR OTHER
COMMUNICATION MATERIALS.
Section <<NOTE: 21 USC 1710a.>> 712 is amended to read as follows:
[[Page 120 STAT. 3547]]
``SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL SPONSORSHIP OF
ALL FEDERAL ADVERTISING OR OTHER
COMMUNICATION MATERIALS.
``(a) Requirement.--Each <<NOTE: Notice.>> 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. 1119. AWARDS FOR DEMONSTRATION PROGRAMS BY LOCAL PARTNERSHIPS
TO COERCE ABSTINENCE IN CHRONIC HARD-
DRUG USERS UNDER COMMUNITY SUPERVISION
THROUGH THE USE OF DRUG TESTING AND
SANCTIONS.
At the end of the Act, insert the following:
``SEC. 716. <<NOTE: 21 USC 1714.>> AWARDS FOR DEMONSTRATION
PROGRAMS BY LOCAL PARTNERSHIPS TO COERCE
ABSTINENCE IN CHRONIC HARD-DRUG USERS
UNDER COMMUNITY SUPERVISION THROUGH THE
USE OF DRUG TESTING AND SANCTIONS.
``(a) Awards Required.--The Director shall make competitive awards
to fund demonstration programs by eligible partnerships for the purpose
of reducing the use of illicit drugs by chronic hard-drug users living
in the community while under the supervision of the criminal justice
system.
``(b) Use of Award Amounts.--Award amounts received under this
section shall be used--
``(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership;
``(2) to develop and field a drug testing and graduated
sanctions program for chronic hard-drug users living in the
community under criminal justice supervision; and
``(3) to assist individuals described in subsection (a) by
strengthening rehabilitation efforts through such means as job
training, drug treatment, or other services.
``(c) Eligible Partnership Defined.--In this section, the term
`eligible partnership' means a working group whose application to the
Director--
``(1) identifies the roles played, and certifies the
involvement of, two or more agencies or organizations, which may
include--
``(A) State, local, or tribal agencies (such as
those carrying out police, probation, prosecution,
courts, corrections, parole, or treatment functions);
``(B) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and United States Attorney offices); and
``(C) community-based organizations;
``(2) includes a qualified researcher;
``(3) includes a plan for using judicial or other criminal
justice authority to administer drug tests to individuals
described in subsection (a) at least twice a week, and to
swiftly
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and certainly impose a known set of graduated sanctions for non-
compliance with community-release provisions relating to drug
abstinence (whether imposed as a pre-trial, probation, or parole
condition or otherwise);
``(4) includes a strategy for responding to a range of
substance use and abuse problems and a range of criminal
histories;
``(5) includes a plan for integrating data infrastructure
among the agencies and organizations included in the eligible
partnership to enable seamless, real-time tracking of
individuals described in subsection (a);
``(6) includes a plan to monitor and measure the progress
toward reducing the percentage of the population of individuals
described in subsection (a) who, upon being summoned for a drug
test, either fail to show up or who test positive for drugs.
``(d) Reports to Congress.--
``(1) Interim report.--Not later than June 1, 2009, the
Director shall submit to Congress a report that identifies the
best practices in reducing the use of illicit drugs by chronic
hard-drug users, including the best practices identified through
the activities funded under this section.
``(2) Final report.--Not later than June 1, 2010, the
Director shall submit to Congress a report on the demonstration
programs funded under this section, including on the matters
specified in paragraph (1).
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,900,000 for each of fiscal
years 2007 through 2009.''.
SEC. 1120. 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
[[Page 120 STAT. 3549]]
with the National Institutes of Health and the National Academy of
Sciences.''.
Approved December 29, 2006.
LEGISLATIVE HISTORY--H.R. 6344 (S. 2560):
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 7, considered and passed House.
Dec. 8, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
Dec. 29, Presidential statement.
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