S.Amdt. 4915Senate111th Congress (2009-2011)

In the nature of a substitute.

What it does: Replaces the bill's text with a full substitute
Submitted December 20, 2010

What it changes

1 change to H.R. 4748 · shown in the bill's text

Full substitute
  1. Replaces the bill's text with a full substitute

    Replaces the full textEverything after the enacting clause

    In H.R. 4748 · Referred in Senate

    1 unchanged paragraph

    SECTION 1. SHORT TITLE.

    This Act may be cited as the "Northern Border Counternarcotics Strategy Act of 2010".

    SEC. 2. NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

    The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469[inserted: ; 120 Stat. 3502]) is amended by inserting after section 1110 the following[struck: new section]:

    "SEC. 1110A. REQUIREMENT FOR NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

    Inserted: "(a) Definitions.--In this section, the terms 'appropriate congressional committees', 'Director', and 'National Drug Control Program agency' have the meanings given those terms in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)).

    "([struck: a][inserted: b]) [struck: In General][inserted: Strategy].--Not later than [struck: 120][inserted: 180] days after the date of [struck: the ]enactment of this section, and every [struck: two][inserted: 2] years thereafter, the Director[struck: ][inserted: , in consultation with the head ]of [inserted: each relevant ]National Drug Control [struck: Policy shall submit to Congress ][inserted: Program agency and relevant officials of States, local governments, tribal governments, and the governments of other countries, shall develop ]a Northern Border Counternarcotics Strategy[struck: .][inserted: and submit the strategy to--]

    Struck: "(b) Purposes.--The Northern Border Counternarcotics Strategy shall--

    Struck: "(1) set forth the Government's strategy for preventing the illegal trafficking of drugs across the international border between the United States and Canada, including through ports of entry and between ports of entry on that border;

    Struck: "(2) state the specific roles and responsibilities of the Department of Justice, the Department of Homeland Security (including the Office of Counternarcotics Enforcement), and other relevant National Drug Control Program agencies (as defined in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)) for implementing that strategy; and

    Struck: "(3) identify the specific resources required to enable the agencies described in paragraph (2) to implement that strategy.

    Show 9 more struck paragraphs

    Struck: "(c) Specific Content Related to Cross-Border Indian Reservations.--The Northern Border Counternarcotics Strategy shall include--

    Struck: "(1) a strategy to end the illegal trafficking of drugs through Indian reservations on or near the international border between the United States and Canada; and

    Struck: "(2) recommendations for additional assistance to tribal law enforcement agencies with respect to such strategy.

    Struck: "(d) Consultation Required.--The Director shall issue the Northern Border Counternarcotics Strategy in consultation with the Attorney General, the Secretary of Homeland Security, and the heads of other relevant National Drug Control Program agencies, and, with respect to subsection (c), the leaders of the affected Indian tribes.

    Struck: "(e) Limitation.--The Northern 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.

    Struck: "(f) Report to Congress.--The Director shall provide a copy of the Northern 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 Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

    Struck: "(g) Treatment of Classified or Law Enforcement Sensitive Information.--Any content of the Northern 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,

    Struck: State, local, or tribal agency, shall be presented to Congress separately from the rest of the Strategy.".

    Struck: Passed the House of Representatives July 27, 2010.

    Inserted: "(1) the appropriate congressional committees (including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives);

    Inserted: "(2) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Indian Affairs of the Senate; and

    Inserted: "(3) the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Natural Resources of the House of Representatives.

    Inserted: "(c) Purposes.--The Northern Border Counternarcotics Strategy shall--

    Inserted: "(1) set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs across the international border between the United States and Canada, including through ports of entry and between ports of entry on the border;

    Inserted: "(2) state the specific roles and responsibilities of each relevant National Drug Control Program agency for implementing the strategy;

    Inserted: "(3) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement the strategy; and

    Inserted: "(4) reflect the unique nature of small communities along the international border between the United States and Canada, ongoing cooperation and coordination with Canadian law enforcement authorities, and variations in the volumes of vehicles and pedestrians crossing through ports of entry along the international border between the United States and Canada.

    Inserted: "(d) Specific Content Related to Cross-border Indian Reservations.--The Northern Border Counternarcotics Strategy shall include--

    Inserted: "(1) a strategy to end the illegal trafficking of drugs to or through Indian reservations on or near the international border between the United States and Canada; and

    Inserted: "(2) recommendations for additional assistance, if any, needed by tribal law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.

    Inserted: "(e) Limitation.--

    Show 5 more inserted paragraphs

    Inserted: "(1) In general.--The Northern Border Counternarcotics Strategy shall not change the existing agency authorities and this section shall not be construed to amend or modify any law governing interagency relationships.

    Inserted: "(2) Legitimate trade and travel.--The Northern Border Counternarcotics Strategy shall be designed to promote, and not hinder, legitimate trade and travel.

    Inserted: "(f) Treatment of Classified or Law Enforcement Sensitive Information.--

    Inserted: "(1) In general.--The Northern Border Counternarcotics Strategy shall be submitted in unclassified form and shall be available to the public.

    Inserted: "(2) Annex.--The Northern Border Counternarcotics Strategy may include an annex containing any classified information or information the public disclosure of which, 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.".

    Original wording

    Strike all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4915. Mr. KERRY (for Mr. Schumer (for himself, Ms. Collins, Mrs. Gillibrand, and Mr. Conrad)) proposed an amendment to the bill H.R. 4748, to amend the Office of National Drug Control Policy Reauthorization Act of 2006 to require a northern border counternarcotics strategy, and for other purposes; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the “Northern Border Counternarcotics Strategy Act of 2010”.

SEC. 2. NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

The Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469; 120 Stat. 3502) is amended by inserting after section 1110 the following:

“SEC. 1110A. REQUIREMENT FOR NORTHERN BORDER COUNTERNARCOTICS STRATEGY.

“(a) Definitions.--In this section, the terms ‘appropriate congressional committees', ‘Director', and ‘National Drug Control Program agency' have the meanings given those terms in section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701)).

“(b) Strategy.--Not later than 180 days after the date of enactment of this section, and every 2 years thereafter, the Director, in consultation with the head of each relevant National Drug Control Program agency and relevant officials of States, local governments, tribal governments, and the governments of other countries, shall develop a Northern Border Counternarcotics Strategy and submit the strategy to--

“(1) the appropriate congressional committees (including the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives);

“(2) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, and the Committee on Indian Affairs of the Senate; and

“(3) the Committee on Armed Services, the Committee on Homeland Security, and the Committee on Natural Resources of the House of Representatives.

“(c) Purposes.--The Northern Border Counternarcotics Strategy shall--

“(1) set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs across the international border between the United States and Canada, including through ports of entry and between ports of entry on the border;

“(2) state the specific roles and responsibilities of each relevant National Drug Control Program agency for implementing the strategy;

“(3) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement the strategy; and

“(4) reflect the unique nature of small communities along the international border between the United States and Canada, ongoing cooperation and coordination with Canadian law enforcement authorities, and variations in the volumes of vehicles and pedestrians crossing through ports of entry along the international border between the United States and Canada.

“(d) Specific Content Related to Cross-border Indian Reservations.--The Northern Border Counternarcotics Strategy shall include--

“(1) a strategy to end the illegal trafficking of drugs to or through Indian reservations on or near the international border between the United States and Canada; and

“(2) recommendations for additional assistance, if any, needed by tribal law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.

“(e) Limitation.--

“(1) In general.--The Northern Border Counternarcotics Strategy shall not change the existing agency authorities and this section shall not be construed to amend or modify any law governing interagency relationships.

“(2) Legitimate trade and travel.--The Northern Border Counternarcotics Strategy shall be designed to promote, and not hinder, legitimate trade and travel.

“(f) Treatment of Classified or Law Enforcement Sensitive Information.--

“(1) In general.--The Northern Border Counternarcotics Strategy shall be submitted in unclassified form and shall be available to the public.

“(2) Annex.--The Northern Border Counternarcotics Strategy may include an annex containing any classified information or information the public disclosure of which, 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.”.

Legislative Activity

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Senate amendment agreed to: Amendment SA 4915 agreed to in Senate by Unanimous Consent.

December 20, 2010

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Senate amendment agreed to: Amendment SA 4915 agreed to in Senate by Unanimous Consent.

December 20, 2010

Floor

Senate amendment submitted

December 20, 2010

Floor

Senate amendment proposed (on the floor): Amendment SA 4915 proposed by Senator Kerry for Senator Schumer.(consideration: CR S10805-10806; text: CR S10805-10806)

December 20, 2010

Floor

Amendment SA 4915 proposed by Senator Kerry for Senator Schumer. (consideration: CR S10805-10806; text: CR S10805-10806) In the nature of a substitute.

December 20, 2010

Floor

Amendment SA 4915 agreed to in Senate by Unanimous Consent.

December 20, 2010