II
Calendar No. 452
109th CONGRESS
2d Session
S. 2560
IN THE SENATE OF THE UNITED STATES
April 6, 2006
Mr. Specter (for himself, Mr. Biden, Mr. Hatch, Mr. Grassley, and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
May 25, 2006
Reported by Mr. Specter, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To reauthorize the Office of National Drug Control Policy.
Short title, reference, and table of contents
Short title
This Act may be cited
as the Office of National Drug Control
Policy Reauthorization Act of 2006
.
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.).
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.
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—REAUTHORIZATION AND IMPROVEMENT OF THE NATIONAL ANTI-DRUG MEDIA CAMPAIGN
Sec. 501. Short title.
Sec. 502. Purposes of the National Youth Anti-Drug Media Campaign.
Sec. 503. Roles and responsibilities of the Director, the Partnership for a Drug-Free America, and a media buying contractor.
Sec. 504. Responsible use of Federal funds for the National Youth Anti-Drug Media Campaign.
Sec. 505. Authorization for National Youth Anti-Drug Media Campaign.
TITLE VI—AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
Sec. 601. Authorization of appropriations.
Sec. 602. Extension of termination date.
TITLE VII—Anti-Doping Agency
Sec. 701. Designation of United States Anti-Doping Agency.
Sec. 702. Records, audit, and report.
Sec. 703. Authorization of appropriations.
TITLE VIII—Drug-free communities
Sec. 801. Reauthorization.
Sec. 802. Suspension of grants.
Sec. 803. Grant award increase.
Sec. 804. Prohibition on additional eligibility criteria.
Sec. 805. Supplemental grants for coalitions.
Sec. 806. National Community Antidrug Coalition Institute.
Sec. 807. Contracting requirement.
TITLE IX—NATIONAL GUARD COUNTERDRUG SCHOOLS
Sec. 901. National Guard Counterdrug Schools.
TITLE X—MISCELLANEOUS PROVISIONS
Sec. 1001. Repeals.
Sec. 1002.
Controlled Substances Act amendments.Sec. 1003. Report on intelligence sharing.
Sec. 1004. Requirement for South American heroin strategy.
Sec. 1005. Model Acts.
ORGANIZATION OF OFFICE OF NATIONAL DRUG CONTROL POLICY AND ROLES AND RESPONSIBILITIES
Amendments to definitions
Demand Reduction
Section 702(1) is amended—
in subparagraph (F), by striking
and
after the semicolon; and
in subparagraph (G), by striking the period
and inserting ; and
; and
by adding at the end the following:
international drug abuse education, prevention, treatment, research, rehabilitation activities, and interventions for drug abuse and dependence.
.
Office
Section 702(9) is amended by striking
implicates
and inserting indicates
.
State and Local Affairs
Paragraph (10) of section 702 is amended to read as follows:
State and local affairs
The term State and local affairs means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of illegal drugs, including—
coordination and enhancement of Federal, State, and local law enforcement drug control efforts;
coordination and enhancement of efforts among National Drug Control Program agencies and State and local demand reduction and supply reduction agencies;
coordination and enhancement of Federal, State, and local law enforcement initiatives to gather, analyze, and disseminate information and intelligence relating to drug control among domestic law enforcement agencies; and
other coordinated and joint initiatives among Federal, State, and local agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs.
.
Supply Reduction
Section 702(11) is amended to read as follows:
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—
activities to control international trafficking in, and availability of, illegal drugs, including—
accurate assessment and monitoring of international drug production and interdiction programs and policies; and
coordination and promotion of compliance with international treaties relating to the production, transportation, or interdiction of illegal drugs;
activities to conduct and promote international law enforcement programs and policies to reduce the supply of drugs; and
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.
.
Definition of Appropriate Congressional Committees
Section 702 is amended by adding at the end the following:
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.
.
Establishment of the Office of National Drug Control Policy
Responsibilities
Section 703(a) is amended to read as follows:
Establishment of Office
There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall—
develop national drug control policy;
coordinate and oversee the implementation of the national drug control policy;
assess and certify the adequacy of National Drug Control Programs and the budget for those programs;
evaluate the effectiveness of National Drug Control Program agencies’ programs; and
develop specific goals and performance measurements needed to assess the effectiveness of—
the national drug control policy; and
the programs of the National Drug Control Program agencies.
.
Positions
Section 703(b) is amended to read as follows:
Director of National Drug Control Policy and Deputy Directors
Director
There shall be a Director of National Drug
Control Policy who shall head the Office (referred to in this Act as the
Director
).
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
).
Other deputy directors
In general
There shall be a Deputy Director for Demand Reduction, a Deputy Director for Supply Reduction, and a Deputy Director for State and Local Affairs.
Reporting
The Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs shall report directly to the Deputy Director of the Office of National Drug Control Policy.
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); and
in section 709, the National Youth Anti-Drug Media Campaign Act.
Deputy director for supply reduction
The Deputy Director for Supply Reduction shall be responsible for the activities in subparagraphs (A) through (C) in section 702(11).
Deputy director for state and local affairs
The Deputy Director for State and Local Affairs shall be responsible for the activities—
in subparagraphs (A) through (D) of section 702(10);
in section 707, the High Intensity Drug Trafficking Areas Program; and
in section 708, the Counterdrug Technology Assessment Center.
.
Appointment and responsibilities of the Director
Succession
Section 704(a) is amended by amending paragraph (3) to read as follows:
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.
.
Responsibilities
Section 704(b) is amended—
in paragraph (4), by striking
Federal departments and agencies engaged in drug enforcement
and
inserting National Drug Control Program agencies
;
in paragraph (7), by inserting after
President
the following: and the appropriate
congressional committees
;
in paragraph (13), by striking
(beginning in 1999)
;
by striking paragraph (14) and inserting the following:
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—
each of the evaluations received by the Director under paragraph (13); and
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);
;
in paragraph (15), by striking subparagraph (C) and inserting the following:
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—
encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and
supporting the dissemination of information to all interested entities;
; and
by inserting at the end the following:
shall coordinate with the private sector to promote private research and development of medications to treat addiction;
shall seek the support and commitment of State and local officials in the formulation and implementation of the National Drug Control Strategy;
shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats; and
shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State and local governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues.
.
Review and Certification of National Drug Control Program Budget
Section 704(c)(3) is amended—
in subparagraph (C)(iii), by inserting
and the appropriate congressional committees,
after House
of Representatives
; and
in subparagraph (D)(ii)(II)(bb), by
inserting and the appropriate congressional committees,
after
House of Representatives
.
Powers of Director
Section 704(d) is amended—
in paragraph (9)—
by inserting notwithstanding any
other provision of law,
after (9)
; and
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
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)
.
Fund Control Notices
Section 704(f) is amended by adding at the end the following:
Congressional notice
A copy of each fund control notice shall be transmitted to the appropriate congressional committees.
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
contrary, in whole or in part, to the expressed intent of Congress.
.
United States Interdiction Coordinator
In general
Section 704 is amended by adding at the end the following:
United States Interdiction Coordinator
In general
There shall be a United States Interdiction Coordinator, who shall be designated by the Director and who shall be responsible for the coordination of interdiction operations among National Drug Control Program agencies to prevent and reduce the illegal importation of drugs into the United States.
Responsibilities
The United States Interdiction Coordinator shall be responsible to the Director for—
coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;
developing a National Drug Control Interdiction plan to ensure consistency with the National Drug Control Strategy;
assessing the sufficiency of assets of the National Drug Control Program agencies committed to illicit drug interdiction; and
advising the Director on the efforts of each National Drug Control Program Agency to implement the National Drug Control Interdiction plan.
.
Amendment to homeland security act of 2002
Section 878 of the Homeland Security Act of
2002 (6 U.S.C. 458) is amended by striking shall—
through
paragraph (2) and inserting shall ensure the adequacy of resources
within the Department for illicit drug interdiction.
.
Amendments to ensure coordination with other agencies
Section 705 is amended—
in subsection (a)(1)(A), by striking
abuse
;
by amending subsection (a)(3) to read as follows:
Required reports
Secretaries of the interior and agriculture
Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit to the Director and the appropriate congressional committees an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year.
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—
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
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.
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.
; and
in subsection (b)(2)(B), by striking
Program
and inserting Strategy
.
THE NATIONAL DRUG CONTROL STRATEGY
Annual preparation and submission of National Drug Control Strategy
Section 706 is amended to read as follows:
Development, submission, implementation, and assessment of National Drug Control Strategy
Timing, Contents, and Process for Development and Submission of National Drug Control Strategy
Timing
Not later than February 1 of each year, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan for the year to reduce drug abuse and the consequences of such drug abuse in the United States by limiting the availability of, and reducing the demand for, illegal drugs.
Contents
In general
The National Drug Control Strategy submitted under paragraph (1) shall include—
comprehensive, research-based, long-range, quantifiable goals for reducing drug abuse and the consequences of drug abuse in the United States;
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;
5-year projections for program and budget priorities;
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;
an assessment of current illicit drug use (including inhalants) and availability, impact of illicit drug use, and treatment availability, which assessment shall include—
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;
illicit drug use in the workplace and the productivity lost by such use; and
illicit drug use by arrestees, probationers, and parolees;
an assessment of the reduction of illicit drug availability, as measured by—
the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and other drugs available for consumption in the United States;
the amount of marijuana, cocaine, heroin, methamphetamine, ecstasy, and precursor chemicals and other drugs entering the United States;
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;
the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized and other drugs; and
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;
an assessment of the reduction of the consequences of illicit drug use and availability, which shall include—
the burden illicit drug users placed on hospital emergency departments in the United States, such as the quantity of illicit drug-related services provided;
the annual national health care cost of illicit drug use; and
the extent of illicit drug-related crime and criminal activity;
a determination of the status of drug treatment in the United States, by assessing—
public and private treatment utilization; and
the number of illicit drug users the Director estimates meet diagnostic criteria for treatment;
a review of the research agenda of the Counterdrug Technology Assessment Center to reduce the availability and abuse of drugs; and
a summary of the efforts made to coordinate with private sector entities to conduct private research and development of medications to treat addiction by—
screening chemicals for potential therapeutic value;
developing promising compounds;
conducting clinical trials;
seeking Food and Drug Administration approval for drugs to treat addiction;
marketing the drug for the treatment of addiction;
urging physicians to use the drug in the treatment of addiction; and
encouraging insurance companies to reimburse the cost of the drug for the treatment of addiction.
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.
Process for development and submission
In developing and effectively implementing the National Drug Control Strategy, the Director—
shall consult with—
the heads of the National Drug Control Program agencies;
Congress;
State and local officials;
private citizens and organizations with experience and expertise in demand reduction;
private citizens and organizations with experience and expertise in supply reduction; and
appropriate representatives of foreign governments;
in satisfying the requirements of subparagraph (A), shall ensure, to the maximum extent possible, that State and local officials and relevant private organizations commit to support and take steps to achieve the goals and objectives of the National Drug Control Strategy;
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
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.
Submission of Revised Strategy
The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section—
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
if a new President or Director takes office.
.
Performance measurements
Section 706 is amended by adding at the end the following:
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—
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;
describes the sources of information and data that will be used for each performance measure incorporated into the performance measurement system;
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;
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;
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
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—
the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;
the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug use population, the addicted drug user population, and groups that are at risk for drug use;
the adequacy of the coverage of existing national treatment outcome monitoring systems to measure the effectiveness of drug abuse treatment in reducing drug use and criminal behavior during and after the completion of substance abuse treatment; and
the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of this subsection.
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).
.
Annual report requirement
In General
On or before February 1 of each year, the Director shall submit a report to Congress that describes—
the strategy of the national media campaign and whether specific objectives of the campaign were accomplished;
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;
plans to purchase advertising time and space;
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;
all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign;
specific policies and steps implemented to ensure compliance with title IV of this Act;
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
a review and evaluation of the effectiveness of the national media campaign strategy for the past year.
Audit
The Government Accountability Office shall, at a frequency of not less than once per year—
conduct and supervise an audit and investigation relating to the programs and operations of the—
Office; or
certain programs within the Office, including—
the High Intensity Drug Trafficking Areas Program;
the Counterdrug Technology Assessment Center; or
the National Youth Anti-drug Media Campaign; and
provide the Director and the appropriate congressional committees with a report containing an evaluation of and recommendations on the—
policies and activities of the programs and operations subject to the audit and investigation;
economy, efficiency, and effectiveness in the administration of the reviewed programs and operations; and
policy or management changes needed to prevent and detect fraud and abuse in such programs and operations.
High intensity drug trafficking areas
High Intensity Drug Trafficking Areas Program
Section 707 is amended to read as follows:
High Intensity Drug Trafficking Areas Program
Establishment
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
).
Purpose
The purpose of the Program is to reduce drug trafficking and drug production in the United States by—
facilitating cooperation among Federal, State, and local law enforcement agencies to share information and implement coordinated enforcement activities;
enhancing intelligence sharing among Federal, State, and local law enforcement agencies;
providing reliable intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and
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.
Designation
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.
Activities
After making a designation under paragraph (1) and in order to provide Federal assistance to the area so designated, the Director may—
obligate such sums as are appropriated for the Program;
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;
take any other action authorized under section 704 to provide increased Federal assistance to those areas; and
coordinate activities under this section (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
Petitions for Designation
The Director shall establish regulations under which a coalition of interested law enforcement agencies from an area may petition for designation as a high intensity drug trafficking area. Such regulations shall provide for a regular review by the Director of the petition, including a recommendation regarding the merit of the petition to the Director by a panel of qualified, independent experts.
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—
the area is a significant center of illegal drug production, manufacturing, importation, or distribution;
State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;
drug-related activities in the area are having a significant harmful impact in the area, and in other areas of the country; and
a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
Organization of High Intensity Drug Trafficking Areas
Executive board and officers
To be eligible for funds appropriated under this section, each high intensity drug trafficking area shall be governed by an Executive Board. The Executive Board shall designate a chairman, vice chairman, and any other officers to the Executive Board that it determines are necessary.
Responsibilities
The Executive Board of a high intensity drug trafficking area shall be responsible for—
providing direction and oversight in establishing and achieving the goals of the high intensity drug trafficking area;
managing the funds of the high intensity drug trafficking area;
reviewing and approving all funding proposals consistent with the overall objective of the high intensity drug trafficking area; and
reviewing and approving all reports to the Director on the activities of the high intensity drug trafficking area.
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 and local agencies. Where it is impractical for an equal number of representatives of Federal agencies and State and local agencies to attend a meeting of an Executive Board in person, the Executive Board may use a system of proxy votes or weighted votes to achieve the voting balance required by this paragraph.
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.
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.
Counterterrorism Activities
Assistance authorized
The Director may authorize use of resources available for the Program to assist Federal, State, and local law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively with respect to such investigations and activities that are also related to drug trafficking.
Limitation
The Director shall ensure—
that assistance provided under paragraph (1) remains incidental to the purpose of the Program to reduce drug availability and carry out drug-related law enforcement activities; and
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.
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.
Annual HIDTA Program Budget Submissions
As part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a budget justification that includes—
the amount requested for each high intensity drug trafficking area, with supporting narrative descriptions and rationale for each request; and
a detailed justification for each funding request that explains—
the reasons for the requested funding level; how such funding level was determined based on a current assessment of the drug trafficking threat in each high intensity drug trafficking area;
how such funding will ensure that the goals and objectives of each such area will be achieved; and
how such funding supports the National Drug Control Strategy.
Emerging Threat Response Fund
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).
Consideration of impact
In allocating funds under this subsection, the Director shall consider—
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
such other criteria as the Director considers appropriate.
Evaluation
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—
the specific purposes for the high intensity drug trafficking area;
the specific long-term and short-term goals and objectives for the high intensity drug trafficking area;
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
the reporting requirements needed to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals.
Evaluation of hidta program as part of national drug control strategy
For each designated high intensity drug trafficking area, the Director shall submit, as part of the annual National Drug Control Strategy report, a report that—
describes—
the specific purposes for the high intensity drug trafficking area; and
the specific long-term and short-term goals and objectives for the high intensity drug trafficking area; and
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).
Assessment of Drug Enforcement Task Forces in High Intensity Drug Trafficking Areas
Not later than 180 days after the date of enactment of this subsection, and as part of each subsequent annual National Drug Control Strategy report, the Director shall submit to Congress a report—
assessing the number and operation of all federally funded drug enforcement task forces within each high intensity drug trafficking area; and
describing—
each Federal, State, and local drug enforcement task force operating in the high intensity drug trafficking area;
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;
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;
the role of the high intensity drug trafficking area in coordinating the sharing of such information among task forces;
the nature and extent of cooperation by each Federal, State, and local participant in ensuring that such information is shared among law enforcement agencies and with the high intensity drug trafficking area;
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
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.
Assessment of 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—
evaluating existing and planned intelligence systems supported by each high intensity drug trafficking area, or utilized by task forces receiving any funding under the Program, including the extent to which such systems ensure access and availability of intelligence to Federal, State, and local law enforcement agencies within the high intensity drug trafficking area and outside of it;
the extent to which Federal, State, and local law enforcement agencies participating in each high intensity drug trafficking area are sharing intelligence information to assess current drug trafficking threats and design appropriate enforcement strategies; and
the measures needed to improve effective sharing of information and intelligence regarding drug trafficking and drug production among Federal, State, and local law enforcement participating in a high intensity drug trafficking area, and between such agencies and similar agencies outside the high intensity drug trafficking area.
Coordination of 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.
Use of Funds to Combat Methamphetamine Trafficking
In general
Requirement
The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $15,000,000 is allocated to combat the trafficking of methamphetamine in areas designated by the Director as high intensity drug trafficking areas.
Activities
In meeting the requirement in subparagraph (A), the Director shall transfer funds to appropriate Federal, State, and local governmental agencies for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative assistants, and drug prevention specialists.
Apportionment of funds
Factors in apportionment
The Director shall apportion amounts allocated under paragraph (1) among areas designated by the Director as high intensity drug trafficking areas based on the following factors:
The number of methamphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the area during the previous fiscal year.
The number of methamphetamine prosecutions in Federal, State, or local courts in the area during the previous fiscal year.
The number of methamphetamine arrests by Federal, State, or local law enforcement officials in the area during the previous fiscal year.
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 Federal, State, or local law enforcement officials in the area during the previous fiscal year.
Intelligence and predictive data from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation in methamphetamine and listed chemicals (as that term is so defined).
Certification
Before the Director apportions any funds under this paragraph to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities responsible for clandestine methamphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center.
Authorization of Appropriations
There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section—
$280,000,000 for fiscal year 2007;
$290,000,000 for each of fiscal years 2008 and 2009; and
$300,000,000 for each of fiscal years 2010 and 2011.
.
Funding for certain High Intensity Drug Trafficking Areas
Short Title
This section may be
cited as the Dawson Family Community Protection Act
.
Findings
Congress finds the following:
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.
The arson claimed the lives of Mr. and Mrs. Dawson and their 5 young children, aged 9 to 14.
The horrific murder of the Dawson family is a stark example of domestic narco-terrorism.
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.
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.
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).
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.
Where (as in certain sections of Baltimore City) interstate trafficking of illegal drugs has severe ancillary local consequences within areas designated as high intensity drug trafficking areas, it is important that supplementary High Intensity Drug Trafficking Areas Program funds be committed to support initiatives aimed at making the affected communities safe for the residents of those communities and encouraging their cooperation with local, State, and Federal law enforcement efforts to combat illegal drug trafficking.
Funding for Certain High Intensity Drug Trafficking Areas
Section 707, as amended by section 301, is amended by adding at the end the following:
Specific Purposes
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.
Required uses
The funds used under paragraph (1) shall be used—
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
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.
.
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.
Technology
Counterdrug Technology Assessment Center
Chief Scientist
Section 708(b) is amended to read as follows:
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.
.
Responsibilities
Research and development
Section 708 is amended by—
redesignating subsection (d) as subsection (e); and
striking subsection (c) and inserting the following:
Research and Development Responsibilities
The Chief Scientist shall be responsible to the Director for—
identifying and defining the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including—
advanced surveillance, tracking, and radar imaging;
electronic support measures;
communications;
data fusion, advanced computer systems, and artificial intelligence; and
chemical, biological, radiological (including neutron and electron), and other means of detection;
identifying demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including—
improving treatment through neuroscientific advances;
improving the transfer of biomedical research to the clinical setting; and
in consultation with the National Institute of Drug Abuse, 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;
making 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;
overseeing and coordinating counterdrug technology initiatives with related activities of other Federal civilian and military departments;
providing support to the development and implementation of the national drug control performance measurement system established under subsection (c) of section 706; and
transferring funds made available to a National Drug Control Program Agency for counterdrug technology research and development to another account within such agency or to another National Drug Control Program Agency for counterdrug technology research and development, pursuant to the authority of the Director under section 704.
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.
.
Assistance and support
Subsection (e) of section 708, as redesignated by this section, is amended to read as follows:
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.
.
Technology transfer program
Section 708 is amended by adding at the end the following:
Technology Transfer Program
Program
The Chief Scientist, with the advice and counsel of experts from State and local law enforcement agencies, shall be responsible to the Director for coordination and implementation of a counterdrug technology transfer program.
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 and local law enforcement agencies.
Priority of receipts
Transfers shall be made in priority order based on—
the need of potential recipients for such technology;
the effectiveness of the technology to enhance current counterdrug activities of potential recipients; and
the ability and willingness of potential recipients to evaluate transferred technology.
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 and local law enforcement agencies on a reimbursable basis.
Report
On or before July 1 of each year, the Director shall submit a report to the appropriate congressional committees which addresses the following:
The number of requests received during the previous 12 months.
The number of requests fulfilled during the previous 12 months.
A summary of the criteria used in making the determination on what requests were funded and what requests were not funded.
A general assessment of the future needs of the program, based on expected changes in threats, expected technologies, and likely need from potential recipients.
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.
.
REAUTHORIZATION AND IMPROVEMENT OF THE NATIONAL ANTI-DRUG MEDIA CAMPAIGN
Short title
This title may be cited
as the National Youth Anti-Drug Media
Campaign Reauthorization Act of 2006
.
Purposes of the National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
in section 101, by striking
Drug-Free Media Campaign Act of 1998
and inserting
National Youth Anti-Drug Media Campaign Act
; and
in section 102—
in subsection (a), by striking “national media campaign” and all that follows through the period and inserting the following: “national youth anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this subtitle for the purposes of—
preventing drug abuse among young people in the United States;
increasing awareness of adults of the impact of drug abuse on young people; and
encouraging parents and other interested adults to discuss with young people the dangers of illegal drug use.
; and
in subsection (b), by striking
105
and inserting 104
.
Roles and responsibilities of the Director, the Partnership for a Drug-Free America, and a media buying contractor
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
by adding at the end the following:
Division of Responsibilities and Functions Under the Program
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.
Responsibilities
Director
The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in section 102(a), and shall approve—
the strategy of the national media campaign;
all advertising and promotional material used in the national media campaign; and
the plan for the purchase of advertising time and space for the national media campaign.
The partnership for a drug-free america
The Director shall request that the Partnership for a Drug-Free America—
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;
create all advertising to be used in the national media campaign, except advertisements that are—
provided by other nonprofit entities pursuant to section 103(c);
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
any other advertisements that the Partnership for a Drug-Free America determines it is unable to provide.
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 service or material, or conduct any function or activity which can be provided by the Partnership for a Drug-Free America, as defined in section 403(2)(B)
; and
in section 103—
in subparagraph (A), by inserting ,
including the strategic planning for, and accounting of, such purchases
after space
;
in subparagraph (C), by striking
out-of-pocket
; and
in subparagraph (F), by striking the
Office of National Drug Control Policy
and inserting either the
Office of National Drug Control Policy or the designee of the
Office
.
Responsible use of Federal funds for the National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
in section 103, by striking paragraph (2) and inserting the following:
Advertising
In general
Except as provided in subparagraph (B), in carrying out this subtitle, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
Exception
No funds shall be used for the creative development of advertisements (not including out-of-pocket production costs and talent reuse payments) except when—
the advertisements are 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); or
the Partnership for a Drug-Free America, determines that it is unable to provide such advertisements.
;
in subsection (b), by striking
105
and inserting 104
;
by striking subsection (c) and inserting the following:
Matching Requirement
No cost match
In general
Except as provided in subparagraph (B), amounts made available for the national media campaign under section 106 shall be used to require a no cost match of equivalent value of advertising broadcast time, print space, or in-kind contributions to the national media campaign.
Exception
The Director shall ensure that all no cost matches of advertising material, time, space, or in-kind contributions provided pursuant to subparagraph (A) directly relate to substance abuse prevention and specifically promote 1 or more of the specific purposes set forth in section 102(a). This may include antismoking messages that are produced by nonprofit organizations and are targeted toward minors.
Sponsorship identification
Any advertising material donated to the national media campaign at no cost shall not be subject to the sponsorship identification provisions in section 317 of the Communications Act of 1934 (47 U.S.C. 317).
;
by adding at the end the following:
Responsible Use of Federal Funds
In general
The Director shall ensure that—
for each fiscal year, not less than 77 percent of the amounts appropriated under this subtitle shall be used for the activities allowed under section 103(a)(1)(A);
no Federal funds provided under this subtitle are used to pay any entity for any activity or service that duplicates, in whole or in part, any material, function, activity, or service provided by the Partnership for a Drug-Free America, as defined in section 403(2)(B); and
no more than $5,000,000 is used in each fiscal year to develop advertising material pursuant to subsection (a)(2)(B)(ii).
.
Authorization for National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended by striking sections 104 and 105 and inserting the following:
Authorization of appropriations
There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subtitle, $195,000,000 for each of the fiscal years 2006 through 2010.
.
AUTHORIZATIONS AND EXTENSION OF TERMINATION DATE
Authorization of appropriations
Section 714 is amended—
by striking title,
and
inserting title except activities otherwise specified,
;
and
by striking 1999 through
2003
and inserting 2006 through 2010
.
Extension of termination date
Section
715(a) is amended by striking September 30, 2003, this title and the
amendments made by this title
and inserting September 30, 2008,
this title and the amendments made to this title
.
Anti-Doping Agency
Designation of United States Anti-Doping Agency
Definitions
In this title:
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.).
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)).
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)).
In general
The United States Anti-Doping Agency shall—
serve as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic Committee;
ensure that athletes participating in amateur athletic activities recognized by the United States Olympic Committee are prevented from using performance-enhancing drugs;
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; and
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 by United States amateur athletes.
Records, audit, and report
Records
The United States Anti-Doping Agency shall keep correct and complete records of account.
Report
The United States Anti-Doping Agency shall submit an annual report to Congress which shall include—
an audit conducted and submitted in accordance with section 10101 of title 36, United States Code; and
a description of the activities of the agency.
Authorization of appropriations
There are authorized to be appropriated to the United States Anti-Doping Agency—
for fiscal year 2007, $9,700,000;
for fiscal year 2008, $10,300,000;
for fiscal year 2009, $10,600,000;
for fiscal year 2010, $11,000,000; and
for fiscal year 2011, $11,500,000.
Drug-free communities
Reauthorization
Section 1024(a) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1524(a)) is amended—
in paragraph (9), by striking
and
after the semicolon;
in paragraph (10), by striking the period and inserting a semicolon; and
by adding at the end the following:
$109,000,000 for fiscal year 2008;
$119,000,000 for fiscal year 2009;
$129,000,000 for fiscal year 2010;
$139,000,000 for fiscal year 2011; and
$149,000,000 for fiscal year 2012.
.
Suspension of grants
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:
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.
.
Report 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).
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
.
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:
Additional criteria
The Director shall not impose any eligibility criteria on new applicants or renewal grantees not provided in this chapter.
.
Supplemental grants for coalitions
The Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.) is amended by inserting after section 1035 the following:
Supplemental grants for coalitions with a major local drug crisis
Authority to make grants
As part of the program established under section 1031, the Director may award an initial grant under this subsection, and renewal grants under subsection (f), to any coalition awarded a grant under section 1032 that meets the criteria specified in subsection (d) in order to fund a coalition dealing with a major local drug crisis.
Treatment with other grants
Supplement
A grant awarded to a coalition under this section is in addition to any grant awarded to the coalition under section 1032.
Requirement for basic grant
A coalition may not be awarded a grant under this section for a fiscal year unless the coalition was awarded a grant or renewal grant under section 1032(b) for that fiscal year.
Application
A coalition seeking a grant under this section shall submit to the Administrator an application for the grant in such form and manner as the Administrator may require.
Criteria
A coalition meets the criteria specified in this subsection if the coalition—
has achieved by or through it’s own efforts measurable results in the prevention and reduction of substance use among youth generally;
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; and
submits to the Administrator a detailed plan for addressing the specific local drug crisis.
Use of grant funds
A coalition awarded a grant under this section shall use the grant amount for implementing comprehensive, community-wide strategies that address their local drug crises in accordance with the detailed plan submitted to the Administrator under subsection (d)(3).
Renewal grants
The Administrator may make a renewal grant to any coalition awarded a grant under subsection (a), or a previous renewal grant under this subsection, if the coalition at the time of the application for such renewal grant—
continues to meet the criteria specified in subsection (d); and
has made demonstrable progress in addressing the specific local drug crisis.
Grant amounts
In general
Subject to paragraphs (2) and (3) the total amount of grants awarded to a coalition under this section for a fiscal year may not exceed the amount of non-Federal funds raised by the coalition, including in kind contributions, for that fiscal year.
Initial grants
The amount of the initial grant awarded to a coalition under subsection (a) may not exceed $50,000.
Renewal grants
The total amount of renewal grants awarded to a coalition under subsection (f) for any fiscal year may not exceed $50,000.
Fiscal year limitation on the amount available for grants
The total amount available for grants under this section, including renewal grants under subsection (f), in any fiscal year may not exceed the amount equal to 5 percent of the actual amount appropriated for that fiscal year.
.
National Community Antidrug Coalition Institute
Section 4 of Public Law 107–82 (21 U.S.C. 1521 note), reauthorizing the Drug-Free Communities Support Program, is amended—
by amending subsection (a) to read as follows:
In general
The 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 Antidrug Coalition Institute.
;
by striking subsection (b) and redesignating subsections (c) and (d) as (b) and (c), respectively; and
in subsection (c), as redesignated by paragraph (2), by adding at the end the following:
For each of the fiscal years 2008 through 2012, $2,000,000.
.
Contracting requirement
Section 1031(d) of
the Drug-Free Communities Act of 1997 (21 U.S.C. 1531(d)) is amended by adding
at the end the following: The Director shall delegate all authority for
grant eligibility determinations, review, selection, management, and appeals to
another qualified national drug control agency.
.
NATIONAL GUARD COUNTERDRUG SCHOOLS
National Guard Counterdrug Schools
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 five schools
(to be known generally as National Guard counterdrug
schools
).
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:
Federal agencies.
State and local law enforcement agencies.
Community-based organizations engaged in such activities.
Other non-Federal governmental and private entities and organizations engaged in such activities.
Counterdrug Schools Specified
The National Guard counterdrug schools operated under the authority in subsection (a) are as follows:
The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California.
The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida.
The Midwest Counterdrug Training Center (MCTC), Johnston, Iowa.
The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi.
The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania.
Use of National Guard Personnel
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.
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 of the State to the Secretary of Defense under section 112 of title 32, United States Code.
Treatment 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.
Annual Reports on Activities
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.
Contents
Each report under paragraph (1) shall set forth the following:
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.
Activities
A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted.
Authorization of Appropriations
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.
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.
MISCELLANEOUS PROVISIONS
Repeals
Act
Sections 709, 710, and 711 are repealed.
Forfeiture Assets
Section 6073 of the Assets Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is repealed.
Controlled Substances Act amendments
Section
303(g)(2)(B)(iii) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(B)(iii)) is amended by striking except that the
Secretary
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 more than such applicable
number of patients. A second notification under this clause shall contain the
certifications required by clauses (i) and (ii) of this subparagraph. The
Secretary
.
Report on intelligence sharing
Not later than 180 days after the date of enactment of this Act, the Director shall submit to Congress a report—
evaluating existing and planned intelligence systems used by Federal, State, and local law enforcement agencies responsible for drug trafficking and drug production enforcement; and
addressing—
the current intelligence systems used by Federal, State, and local law enforcement agencies;
the compatibility of such systems in ensuring access and availability of intelligence to Federal, State, and local law enforcement;
the extent to which Federal, State, and local law enforcement are sharing intelligence information to assess current threats and design appropriate enforcement strategies; and
the measures needed to ensure and to promote effective information sharing among intelligence systems operated by Federal, State, and local law enforcement agencies responsible for drug trafficking and drug production enforcement.
Requirement for South American heroin strategy
In General
Not later than 90 days after the date of enactment of this Act, the Director 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.
Contents
The strategy submitted under subsection (a) shall include—
opium eradication efforts to eliminate the problem at the source to prevent heroin from entering the stream of commerce;
interdiction and precursor chemical controls;
demand reduction and treatment;
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;
efforts to inform and involve local citizens in the programs described in paragraphs (1) through (4), such as through leaflets advertising rewards for information;
provisions that ensure the maintenance at current levels of efforts to eradicate coca in Colombia; and
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.
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.
Model Acts
In general
The Director shall enter into an agreement with a nonprofit corporation that works with States on laws and policies to address alcohol and other drug issues, under which the corporation shall revise the model State drug laws developed by the President's Commission on Model State Drug Laws and draft supplementary model acts to meet changes in States' substance abuse issues.
Authorization of appropriations
There are authorized to be appropriated $1,500,000 to carry out this section.
Short title, reference, and table of contents
Short title
This Act may be cited as the Office of National Drug Control Policy Reauthorization Act
of 2006
.
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.).
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—Reauthorization and improvement of the National Anti-Drug Media Campaign
Sec. 501. Short title.
Sec. 502. Purposes of the National Youth Anti-Drug Media Campaign.
Sec. 503. Roles and responsibilities of the Director, the Partnership for a Drug-Free America, and a media buying contractor.
Sec. 504. Responsible use of Federal funds for the National Youth Anti-Drug Media Campaign.
Sec. 505. Authorization for National Youth Anti-Drug Media Campaign.
TITLE VI—Authorizations and extension of termination date
Sec. 601. Authorization of appropriations.
Sec. 602. Extension of termination date.
TITLE VII—Anti-Doping Agency
Sec. 701. Designation of United States Anti-Doping Agency.
Sec. 702. Records, audit, and report.
Sec. 703. Authorization of appropriations.
TITLE VIII—Drug-free communities
Sec. 801. Reauthorization.
Sec. 802. Suspension of grants.
Sec. 803. Grant award increase.
Sec. 804. Prohibition on additional eligibility criteria.
Sec. 805. Supplemental grants for coalitions.
Sec. 806. National Community Anti-Drug Coalition Institute.
Sec. 807. Contracting requirement.
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 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.
Organization of Office of National Drug Control Policy and roles and responsibilities
Amendments to definitions
Demand reduction
Section 702(1) is amended—
in subparagraph (F), by
striking and
after the semicolon; and
in subparagraph (G), by
striking the period and inserting ; and
; and
by adding at the end the following:
international drug abuse education, prevention, treatment, research, rehabilitation activities, and interventions for drug abuse and dependence.
.
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 and local affairs
.
Office
Section
702(9) is amended by striking implicates
and inserting
indicates
.
State and local affairs
Paragraph (10) of section 702 is amended to read as follows:
State and local affairs
The term State and local affairs means domestic activities conducted by a National Drug Control Program agency that are intended to reduce the availability and use of illegal drugs, including—
coordination and enhancement of Federal, State, and local law enforcement drug control efforts;
coordination and enhancement of efforts among National Drug Control Program agencies and State and local demand reduction and supply reduction agencies;
coordination and enhancement of Federal, State, and local law enforcement initiatives to gather, analyze, and disseminate information and intelligence relating to drug control among domestic law enforcement agencies; and
other coordinated and joint initiatives among Federal, State, and local agencies to promote comprehensive drug control strategies designed to reduce the demand for, and the availability of, illegal drugs.
.
Supply reduction
Section 702(11) is amended to read as follows:
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—
law enforcement outside the United States;
source country programs, including economic development programs primarily intended to reduce the production or trafficking of illicit drugs;
activities to control international trafficking in, and availability of, illegal drugs, including—
accurate assessment and monitoring of international drug production and interdiction programs and policies; and
coordination and promotion of compliance with international treaties relating to the production, transportation, or interdiction of illegal drugs;
activities to conduct and promote international law enforcement programs and policies to reduce the supply of drugs; and
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.
.
Definitions of appropriate congressional committees and law enforcement
Section 702 is amended by adding at the end the following:
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.
Law enforcement
The term law enforcement or drug law enforcement means all efforts by a Federal, State, or local government agency to enforce the drug laws of the United States or any State, including investigation, arrest, prosecution, and incarceration or other punishments or penalities.
.
Establishment of the Office of National Drug Control Policy
Responsibilities
Section 703(a) is amended to read as follows:
Establishment of Office
There is established in the Executive Office of the President an Office of National Drug Control Policy, which shall—
develop national drug control policy;
coordinate and oversee the implementation of the national drug control policy;
assess and certify the adequacy of National Drug Control Programs and the budget for those programs;
evaluate the effectiveness of National Drug Control Program agencies’ programs; and
develop specific goals and performance measurements needed to assess the effectiveness of—
the national drug control policy; and
the programs of the National Drug Control Program agencies.
.
Positions
Section 703(b) is amended to read as follows:
Director of National Drug Control Policy and Deputy Directors
Director
There
shall be a Director of National Drug Control Policy who shall head the Office
(referred to in this Act as the Director
).
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
).
Other deputy directors
In general
There shall be a Deputy Director for Demand Reduction, a Deputy Director for Supply Reduction, and a Deputy Director for State and Local Affairs.
Reporting
The Deputy Director for Demand Reduction, the Deputy Director for Supply Reduction, and the Deputy Director for State and Local Affairs shall report directly to the Deputy Director of the Office of National Drug Control Policy.
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); and
in section 709, the National Youth Anti-Drug Media Campaign Act.
Deputy director for supply reduction
The Deputy Director for Supply Reduction shall be responsible for the activities in subparagraphs (A) through (C) in section 702(11).
Deputy director for state and local affairs
The Deputy Director for State and Local Affairs shall be responsible for the activities—
in subparagraphs (A) through (D) of section 702(10);
in section 707, the High Intensity Drug Trafficking Areas Program; and
in section 708, the Counterdrug Technology Assessment Center.
.
Appointment and responsibilities of the Director
Succession
Section 704(a) is amended by amending paragraph (3) to read as follows:
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.
.
Responsibilities
Section 704(b) is amended—
in paragraph (4), by
striking Federal departments and agencies engaged in drug
enforcement
and inserting National Drug Control Program
agencies
;
in paragraph (7), by
inserting after President
the following: and the
appropriate congressional committees
;
in paragraph (13), by
striking (beginning in 1999)
;
by striking paragraph (14) and inserting the following:
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—
each of the evaluations received by the Director under paragraph (13); and
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);
;
in paragraph (15), by striking subparagraph (C) and inserting the following:
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—
encouraging all National Drug Control Program agencies to provide all appropriate and relevant information; and
supporting the dissemination of information to all interested entities;
; and
by inserting at the end the following:
shall coordinate with the private sector to promote private research and development of medications to treat addiction;
shall seek the support and commitment of State and local officials in the formulation and implementation of the National Drug Control Strategy;
shall monitor and evaluate the allocation of resources among Federal law enforcement agencies in response to significant local and regional drug trafficking and production threats; and
shall submit an annual report to Congress detailing how the Office of National Drug Control Policy has consulted with and assisted State and local governments with respect to the formulation and implementation of the National Drug Control Strategy and other relevant issues.
.
Review and certification of National Drug Control Program budget
Section 704(c)(3) is amended—
in subparagraph (C)(iii),
by inserting and the appropriate congressional committees,
after
House of Representatives
; and
in subparagraph
(D)(ii)(II)(bb), by inserting and the appropriate congressional
committees,
after House of Representatives
.
Powers of Director
Section 704(d) is amended—
in paragraph (9)—
by inserting
notwithstanding any other provision of law,
after
(9)
; and
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
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)
.
Fund control notices
Section 704(f) is amended by adding at the end the following:
Congressional notice
A copy of each fund control notice shall be transmitted to the appropriate congressional committees.
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
contrary, in whole or in part, to the expressed intent of Congress.
.
United States Interdiction Coordinator
In general
Section 704 is amended by adding at the end the following:
United States Interdiction Coordinator
In general
There shall be a United States Interdiction Coordinator, who shall be designated by the Director and who shall be responsible for the coordination of interdiction operations among National Drug Control Program agencies to prevent and reduce the illegal importation of drugs into the United States.
Responsibilities
The United States Interdiction Coordinator shall be responsible to the Director for—
coordinating the interdiction activities of the National Drug Control Program agencies to ensure consistency with the National Drug Control Strategy;
developing a National Drug Control Interdiction plan to ensure consistency with the National Drug Control Strategy;
assessing the sufficiency of assets of the National Drug Control Program agencies committed to illicit drug interdiction; and
advising the Director on the efforts of each National Drug Control Program Agency to implement the National Drug Control Interdiction plan.
.
Amendment to homeland security act of 2002
Section 878 of the Homeland Security Act of
2002 (6 U.S.C. 458) is amended by striking shall—
through
paragraph (2) and inserting shall ensure the adequacy of resources
within the Department for illicit drug interdiction.
.
Amendments to ensure coordination with other agencies
Section 705 is amended—
in subsection (a)(1)(A),
by striking abuse
;
by amending subsection (a)(3) to read as follows:
Required reports
Secretaries of the Interior and Agriculture
Not later than July 1 of each year, the Secretaries of Agriculture and the Interior shall jointly submit to the Director and the appropriate congressional committees an assessment of the quantity of illegal drug cultivation and manufacturing in the United States on lands owned or under the jurisdiction of the Federal Government for the preceding year.
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—
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
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.
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.
; and
in subsection (b)(2)(B),
by striking Program
and inserting
Strategy
.
Budgetary matters
Submission of drug control budget requests
Section 704(c)(1) is amended by adding at the end the following:
Content of drug control budget requests
A drug control budget request submitted by a department, agency, or program under this paragraph shall include all requests for funds for any drug control activity undertaken by that department, agency, or program, including demand reduction, supply reduction, and State and local affairs, including any drug law enforcement activities. If an activity has both drug control and nondrug control purposes or applications, the department, agency, or program shall estimate by a documented calculation the total funds requested for that activity that would be used for drug control, and shall set forth in its request the basis and method for making the estimate.
.
National drug control budget proposal
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
.
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 and local
affairs, including any drug law enforcement, and other drug control activities
by the Federal Government, which shall conform to the content requirements set
forth in paragraph (1)(C)
.
Review and certification of National Drug Control Program budget
Section 704(c)(3) is amended—
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
by inserting after subparagraph (B) the following new subparagraph:
Specific requests
The Director shall not confirm the adequacy of any budget request that—
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;
requests funding for law enforcement activities on the borders of the United States that do not adequately direct resources to drug interdiction and enforcement;
requests funding for drug treatment activities that do not provide adequate results and accountability measures;
requests funding for any activities of the Safe and Drug-Free Schools Program that do not include a clear antidrug message or purpose intended to reduce drug use;
requests funding for drug treatment activities that do not adequately support and enhance Federal drug treatment programs and capacity;
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
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).
;
in subparagraph (D)(iii),
as so redesignated, by inserting and the appropriate congressional
committees
after House of Representatives
; and
in subparagraph
(E)(ii)(II)(bb), as so redesignated, by inserting and the appropriate
congressional committees
after House of
Representatives
.
Powers of Director
Section 704(d) is amended—
in paragraph (8)(D), by
striking have been authorized by Congress;
and inserting
authorized by law;
;
in paragraph (9)—
by inserting
notwithstanding any other provision of law,
after
(9)
; and
by striking
Strategy; and
and inserting Strategy and notify the
appropriate congressional committees of any fund control notice
issued;
;
in paragraph (10), by
striking (22 U.S.C. 2291j).
and inserting (22 U.S.C.
2291j) and section 706 of the Foreign Relations Authorization Act, Fiscal Year
2003 (22 U.S.C. 2291j–1); and
; and
by adding at the end the following new paragraph:
not later than August 1 of each year, submit to the President a report, and transmit copies of the report to the Secretary of State and the appropriate congressional committees, that—
provides the Director's assessment of which countries are major drug transit countries or major illicit drug producing countries as defined in section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e));
provides the Director's assessment of whether each country identified under subparagraph (A) has cooperated fully with the United States or has taken adequate steps on its own to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and otherwise has assisted in reducing the supply of illicit drugs to the United States; and
provides the Director's assessment of whether application of procedures set forth in section 490 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j), as provided in section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1), is warranted with respect to countries the Director assesses have not cooperated fully.
.
Fund control notices
Section 704(f) (21 U.S.C. 1703(f)) is amended by adding at the end the following:
Congressional notice
A copy of each fund control notice shall be transmitted to the appropriate congressional committees.
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.
.
The National Drug Control Strategy
Annual preparation and submission of National Drug Control Strategy
Section 706 is amended to read as follows:
Development, submission, implementation, and assessment of National Drug Control Strategy
Timing, contents, and process for development and submission of National Drug Control Strategy
Timing
Not later than February 1 of each year, the President shall submit to Congress a National Drug Control Strategy, which shall set forth a comprehensive plan for the year to reduce drug abuse and the consequences of such drug abuse in the United States by limiting the availability of, and reducing the demand for, illegal drugs.
Contents
In general
The National Drug Control Strategy submitted under paragraph (1) shall include—
comprehensive, research-based, long-range, quantifiable goals for reducing drug abuse and the consequences of drug abuse in the United States;
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;
5-year projections for program and budget priorities;
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;
an assessment of current illicit drug use (including inhalants) and availability, impact of illicit drug use, and treatment availability, which assessment shall include—
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;
illicit drug use in the workplace and the productivity lost by such use; and
illicit drug use by arrestees, probationers, and parolees;
an assessment of the reduction of illicit drug availability, as measured by—
the quantities of cocaine, heroin, marijuana, methamphetamine, ecstasy, and other drugs available for consumption in the United States;
the amount of marijuana, cocaine, heroin, methamphetamine, ecstasy, and precursor chemicals and other drugs entering the United States;
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;
the number of metric tons of marijuana, heroin, cocaine, and methamphetamine seized and other drugs; and
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;
an assessment of the reduction of the consequences of illicit drug use and availability, which shall include—
the burden illicit drug users placed on hospital emergency departments in the United States, such as the quantity of illicit drug-related services provided;
the annual national health care cost of illicit drug use; and
the extent of illicit drug-related crime and criminal activity;
a determination of the status of drug treatment in the United States, by assessing—
public and private treatment utilization; and
the number of illicit drug users the Director estimates meet diagnostic criteria for treatment;
a review of the research agenda of the Counterdrug Technology Assessment Center to reduce the availability and abuse of drugs; and
a summary of the efforts made to coordinate with private sector entities to conduct private research and development of medications to treat addiction by—
screening chemicals for potential therapeutic value;
developing promising compounds;
conducting clinical trials;
seeking Food and Drug Administration approval for drugs to treat addiction;
marketing the drug for the treatment of addiction;
urging physicians to use the drug in the treatment of addiction; and
encouraging insurance companies to reimburse the cost of the drug for the treatment of addiction.
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.
Process for development and submission
In developing and effectively implementing the National Drug Control Strategy, the Director—
shall consult with—
the heads of the National Drug Control Program agencies;
Congress;
State and local officials;
private citizens and organizations with experience and expertise in demand reduction;
private citizens and organizations with experience and expertise in supply reduction; and
appropriate representatives of foreign governments;
in satisfying the requirements of subparagraph (A), shall ensure, to the maximum extent possible, that State and local officials and relevant private organizations commit to support and take steps to achieve the goals and objectives of the National Drug Control Strategy;
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
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.
Submission of revised strategy
The President may submit to Congress a revised National Drug Control Strategy that meets the requirements of this section—
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
if a new President or Director takes office.
.
Performance measurements
Section 706 is amended by adding at the end the following:
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—
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;
describes the sources of information and data that will be used for each performance measure incorporated into the performance measurement system;
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;
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;
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
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—
the quality of current drug use measurement instruments and techniques to measure supply reduction and demand reduction activities;
the adequacy of the coverage of existing national drug use measurement instruments and techniques to measure the casual drug use population, the addicted drug user population, and groups that are at risk for drug use;
the adequacy of the coverage of existing national treatment outcome monitoring systems to measure the effectiveness of drug abuse treatment in reducing drug use and criminal behavior during and after the completion of substance abuse treatment; and
the actions the Director shall take to correct any deficiencies and limitations identified pursuant to subparagraphs (A) and (B) of this subsection.
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).
.
Annual report requirement
In general
On or before February 1 of each year, the Director shall submit a report to Congress that describes—
the strategy of the national media campaign and whether specific objectives of the campaign were accomplished;
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;
plans to purchase advertising time and space;
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;
all contracts entered into with a corporation, partnership, or individual working on behalf of the national media campaign;
specific policies and steps implemented to ensure compliance with title IV of this Act;
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
a review and evaluation of the effectiveness of the national media campaign strategy for the past year.
Audit
The Government Accountability Office shall, at a frequency of not less than once per year—
conduct and supervise an audit and investigation relating to the programs and operations of the—
Office; or
certain programs within the Office, including—
the High Intensity Drug Trafficking Areas Program;
the Counterdrug Technology Assessment Center; or
the National Youth Anti-drug Media Campaign; and
provide the Director and the appropriate congressional committees with a report containing an evaluation of and recommendations on the—
policies and activities of the programs and operations subject to the audit and investigation;
economy, efficiency, and effectiveness in the administration of the reviewed programs and operations; and
policy or management changes needed to prevent and detect fraud and abuse in such programs and operations.
High intensity drug trafficking areas
High Intensity Drug Trafficking Areas Program
Section 707 is amended to read as follows:
High Intensity Drug Trafficking Areas Program
Establishment
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
).
Purpose
The purpose of the Program is to reduce drug trafficking and drug production in the United States by—
facilitating cooperation among Federal, State, and local law enforcement agencies to share information and implement coordinated enforcement activities;
enhancing intelligence sharing among Federal, State, and local law enforcement agencies;
providing reliable intelligence to law enforcement agencies needed to design effective enforcement strategies and operations; and
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.
Designation
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.
Activities
After making a designation under paragraph (1) and in order to provide Federal assistance to the area so designated, the Director may—
obligate such sums as are appropriated for the Program;
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;
take any other action authorized under section 704 to provide increased Federal assistance to those areas; and
coordinate activities under this section (specifically administrative, recordkeeping, and funds management activities) with State and local officials.
Petitions for designation
The Director shall establish regulations under which a coalition of interested law enforcement agencies from an area may petition for designation as a high intensity drug trafficking area. Such regulations shall provide for a regular review by the Director of the petition, including a recommendation regarding the merit of the petition to the Director by a panel of qualified, independent experts.
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—
the area is a significant center of illegal drug production, manufacturing, importation, or distribution;
State and local law enforcement agencies have committed resources to respond to the drug trafficking problem in the area, thereby indicating a determination to respond aggressively to the problem;
drug-related activities in the area are having a significant harmful impact in the area, and in other areas of the country; and
a significant increase in allocation of Federal resources is necessary to respond adequately to drug-related activities in the area.
Organization of high intensity drug trafficking areas
Executive Board and officers
To be eligible for funds appropriated under this section, each high intensity drug trafficking area shall be governed by an Executive Board. The Executive Board shall designate a chairman, vice chairman, and any other officers to the Executive Board that it determines are necessary.
Responsibilities
The Executive Board of a high intensity drug trafficking area shall be responsible for—
providing direction and oversight in establishing and achieving the goals of the high intensity drug trafficking area;
managing the funds of the high intensity drug trafficking area;
reviewing and approving all funding proposals consistent with the overall objective of the high intensity drug trafficking area; and
reviewing and approving all reports to the Director on the activities of the high intensity drug trafficking area.
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 and local agencies. Where it is impractical for an equal number of representatives of Federal agencies and State and local agencies to attend a meeting of an Executive Board in person, the Executive Board may use a system of proxy votes or weighted votes to achieve the voting balance required by this paragraph.
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.
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.
Counterterrorism activities
Assistance authorized
The Director may authorize use of resources available for the Program to assist Federal, State, and local law enforcement agencies in investigations and activities related to terrorism and prevention of terrorism, especially but not exclusively with respect to such investigations and activities that are also related to drug trafficking.
Limitation
The Director shall ensure—
that assistance provided under paragraph (1) remains incidental to the purpose of the Program to reduce drug availability and carry out drug-related law enforcement activities; and
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.
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.
Annual HIDTA program budget submissions
As part of the documentation that supports the President’s annual budget request for the Office, the Director shall submit to Congress a budget justification that includes—
the amount requested for each high intensity drug trafficking area, with supporting narrative descriptions and rationale for each request; and
a detailed justification for each funding request that explains—
the reasons for the requested funding level; how such funding level was determined based on a current assessment of the drug trafficking threat in each high intensity drug trafficking area;
how such funding will ensure that the goals and objectives of each such area will be achieved; and
how such funding supports the National Drug Control Strategy.
Emerging threat response fund
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).
Consideration of impact
In allocating funds under this subsection, the Director shall consider—
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
such other criteria as the Director considers appropriate.
Evaluation
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—
the specific purposes for the high intensity drug trafficking area;
the specific long-term and short-term goals and objectives for the high intensity drug trafficking area;
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
the reporting requirements needed to evaluate the performance of the high intensity drug trafficking area in achieving the long-term and short-term goals.
Evaluation of HIDTA program as part of national drug control strategy
For each designated high intensity drug trafficking area, the Director shall submit, as part of the annual National Drug Control Strategy report, a report that—
describes—
the specific purposes for the high intensity drug trafficking area; and
the specific long-term and short-term goals and objectives for the high intensity drug trafficking area; and
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).
Assessment of drug enforcement task forces in high intensity drug trafficking areas
Not later than 180 days after the date of enactment of this subsection, and as part of each subsequent annual National Drug Control Strategy report, the Director shall submit to Congress a report—
assessing the number and operation of all federally funded drug enforcement task forces within each high intensity drug trafficking area; and
describing—
each Federal, State, and local drug enforcement task force operating in the high intensity drug trafficking area;
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;
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;
the role of the high intensity drug trafficking area in coordinating the sharing of such information among task forces;
the nature and extent of cooperation by each Federal, State, and local participant in ensuring that such information is shared among law enforcement agencies and with the high intensity drug trafficking area;
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
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.
Assessment of 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—
evaluating existing and planned intelligence systems supported by each high intensity drug trafficking area, or utilized by task forces receiving any funding under the Program, including the extent to which such systems ensure access and availability of intelligence to Federal, State, and local law enforcement agencies within the high intensity drug trafficking area and outside of it;
the extent to which Federal, State, and local law enforcement agencies participating in each high intensity drug trafficking area are sharing intelligence information to assess current drug trafficking threats and design appropriate enforcement strategies; and
the measures needed to improve effective sharing of information and intelligence regarding drug trafficking and drug production among Federal, State, and local law enforcement participating in a high intensity drug trafficking area, and between such agencies and similar agencies outside the high intensity drug trafficking area.
Coordination of 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.
Use of funds To combat methamphetamine trafficking
In general
Requirement
The Director shall ensure that, of the amounts appropriated for a fiscal year for the Program, at least $15,000,000 is allocated to combat the trafficking of methamphetamine in areas designated by the Director as high intensity drug trafficking areas.
Activities
In meeting the requirement in subparagraph (A), the Director shall transfer funds to appropriate Federal, State, and local governmental agencies for employing additional Federal law enforcement personnel, or facilitating the employment of additional State and local law enforcement personnel, including agents, investigators, prosecutors, laboratory technicians, chemists, investigative assistants, and drug prevention specialists.
Apportionment of funds
Factors in apportionment
The Director shall apportion amounts allocated under paragraph (1) among areas designated by the Director as high intensity drug trafficking areas based on the following factors:
The number of methamphetamine manufacturing facilities discovered by Federal, State, or local law enforcement officials in the area during the previous fiscal year.
The number of methamphetamine prosecutions in Federal, State, or local courts in the area during the previous fiscal year.
The number of methamphetamine arrests by Federal, State, or local law enforcement officials in the area during the previous fiscal year.
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 Federal, State, or local law enforcement officials in the area during the previous fiscal year.
Intelligence and predictive data from the Drug Enforcement Administration showing patterns and trends in abuse, trafficking, and transportation in methamphetamine and listed chemicals (as that term is so defined).
Certification
Before the Director apportions any funds under this paragraph to a high intensity drug trafficking area, the Director shall certify that the law enforcement entities responsible for clandestine methamphetamine laboratory seizures in that area are providing laboratory seizure data to the national clandestine laboratory database at the El Paso Intelligence Center.
Authorization of appropriations
There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this section—
$280,000,000 for fiscal year 2007;
$290,000,000 for each of fiscal years 2008 and 2009; and
$300,000,000 for each of fiscal years 2010 and 2011.
.
Funding for certain high intensity drug trafficking areas
Short Title
This section may be cited as the Dawson Family
Community Protection Act
.
Findings
Congress finds the following:
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.
The arson claimed the lives of Mr. and Mrs. Dawson and their 5 young children, aged 9 to 14.
The horrific murder of the Dawson family is a stark example of domestic narco-terrorism.
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.
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.
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).
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.
Where (as in certain sections of Baltimore City) interstate trafficking of illegal drugs has severe ancillary local consequences within areas designated as high intensity drug trafficking areas, it is important that supplementary High Intensity Drug Trafficking Areas Program funds be committed to support initiatives aimed at making the affected communities safe for the residents of those communities and encouraging their cooperation with local, State, and Federal law enforcement efforts to combat illegal drug trafficking.
Funding for Certain High Intensity Drug Trafficking Areas
Section 707, as amended by section 301, is amended by adding at the end the following:
Specific Purposes
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.
Required uses
The funds used under paragraph (1) shall be used—
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
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.
.
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.
Technology
Counterdrug Technology Assessment Center
Chief Scientist
Section 708(b) is amended to read as follows:
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.
.
Responsibilities
Research and development
Section 708 is amended by—
redesignating subsection (d) as subsection (e); and
striking subsection (c) and inserting the following:
Research and Development Responsibilities
The Chief Scientist shall be responsible to the Director for—
identifying and defining the short-, medium-, and long-term scientific and technological needs of Federal, State, and local drug supply reduction agencies, including—
advanced surveillance, tracking, and radar imaging;
electronic support measures;
communications;
data fusion, advanced computer systems, and artificial intelligence; and
chemical, biological, radiological (including neutron and electron), and other means of detection;
identifying demand reduction basic and applied research needs and initiatives, in consultation with affected National Drug Control Program agencies, including—
improving treatment through neuroscientific advances;
improving the transfer of biomedical research to the clinical setting; and
in consultation with the National Institute of Drug Abuse, 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;
making 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;
overseeing and coordinating counterdrug technology initiatives with related activities of other Federal civilian and military departments;
providing support to the development and implementation of the national drug control performance measurement system established under subsection (c) of section 706; and
transferring funds made available to a National Drug Control Program Agency for counterdrug technology research and development to another account within such agency or to another National Drug Control Program Agency for counterdrug technology research and development, pursuant to the authority of the Director under section 704.
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.
.
Assistance and support
Subsection (e) of section 708, as redesignated by this section, is amended to read as follows:
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.
.
Technology transfer program
Section 708 is amended by adding at the end the following:
Technology Transfer Program
Program
The Chief Scientist, with the advice and counsel of experts from State and local law enforcement agencies, shall be responsible to the Director for coordination and implementation of a counterdrug technology transfer program.
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 and local law enforcement agencies.
Priority of receipts
Transfers shall be made in priority order based on—
the need of potential recipients for such technology;
the effectiveness of the technology to enhance current counterdrug activities of potential recipients; and
the ability and willingness of potential recipients to evaluate transferred technology.
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 and local law enforcement agencies on a reimbursable basis.
Report
On or before July 1 of each year, the Director shall submit a report to the appropriate congressional committees which addresses the following:
The number of requests received during the previous 12 months.
The number of requests fulfilled during the previous 12 months.
A summary of the criteria used in making the determination on what requests were funded and what requests were not funded.
A general assessment of the future needs of the program, based on expected changes in threats, expected technologies, and likely need from potential recipients.
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.
.
Reauthorization and improvement of the National Anti-Drug Media Campaign
Short title
This title may be cited
as the National Youth Anti-Drug Media
Campaign Reauthorization Act of 2006
.
Purposes of the National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
in section 101, by
striking Drug-Free Media Campaign Act of 1998
and inserting
National Youth Anti-Drug Media Campaign Act
; and
in section 102—
in subsection (a), by striking “national media campaign” and all that follows through the period and inserting the following: “national youth anti-drug media campaign (referred to in this subtitle as the ‘national media campaign’) in accordance with this subtitle for the purposes of—
preventing drug abuse among young people in the United States;
increasing awareness of adults of the impact of drug abuse on young people; and
encouraging parents and other interested adults to discuss with young people the dangers of illegal drug use.
; and
in subsection (b), by
striking 105
and inserting 104
.
Roles and responsibilities of the Director, the Partnership for a Drug-Free America, and a media buying contractor
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
by adding at the end the following:
Division of Responsibilities and Functions Under the Program
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.
Responsibilities
Director
The Director shall be responsible for implementing a focused national media campaign to meet the purposes set forth in section 102(a), and shall approve—
the strategy of the national media campaign;
all advertising and promotional material used in the national media campaign; and
the plan for the purchase of advertising time and space for the national media campaign.
The partnership for a drug-free america
The Director shall request that the Partnership for a Drug-Free America—
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;
create all advertising to be used in the national media campaign, except advertisements that are—
provided by other nonprofit entities pursuant to section 103(c);
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
any other advertisements that the Partnership for a Drug-Free America determines it is unable to provide.
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 service or material, or conduct any function or activity which can be provided by the Partnership for a Drug-Free America, as defined in section 403(2)(B)
; and
in section 103—
in subparagraph (A), by
inserting , including the strategic planning for, and accounting of,
such purchases
after space
;
in subparagraph (C), by
striking out-of-pocket
; and
in subparagraph (F), by
striking the Office of National Drug Control Policy
and
inserting either the Office of National Drug Control Policy or the
designee of the Office
.
Responsible use of Federal funds for the National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended—
in section 103, by striking paragraph (2) and inserting the following:
Advertising
In general
Except as provided in subparagraph (B), in carrying out this subtitle, the Director shall ensure that sufficient funds are allocated to meet the stated goals of the national media campaign.
Exception
No funds shall be used for the creative development of advertisements (not including out-of-pocket production costs and talent reuse payments) except when—
the advertisements are 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); or
the Partnership for a Drug-Free America, determines that it is unable to provide such advertisements.
;
in subsection (b), by
striking 105
and inserting 104
;
by striking subsection (c) and inserting the following:
Matching Requirement
No cost match
In general
Except as provided in subparagraph (B), amounts made available for the national media campaign under section 106 shall be used to require a no cost match of equivalent value of advertising broadcast time, print space, or in-kind contributions to the national media campaign.
Exception
The Director shall ensure that all no cost matches of advertising material, time, space, or in-kind contributions provided pursuant to subparagraph (A) directly relate to substance abuse prevention and specifically promote 1 or more of the specific purposes set forth in section 102(a). This may include antismoking messages that are produced by nonprofit organizations and are targeted toward minors.
Sponsorship identification
Any advertising material donated to the national media campaign at no cost shall not be subject to the sponsorship identification provisions in section 317 of the Communications Act of 1934 (47 U.S.C. 317).
;
by adding at the end the following:
Responsible Use of Federal Funds
In general
The Director shall ensure that—
for each fiscal year, not less than 77 percent of the amounts appropriated under this subtitle shall be used for the activities allowed under section 103(a)(1)(A);
no Federal funds provided under this subtitle are used to pay any entity for any activity or service that duplicates, in whole or in part, any material, function, activity, or service provided by the Partnership for a Drug-Free America, as defined in section 403(2)(B); and
no more than $5,000,000 is used in each fiscal year to develop advertising material pursuant to subsection (a)(2)(B)(ii).
.
Authorization for National Youth Anti-Drug Media Campaign
The Drug-Free Media Campaign Act of 1998 (21 U.S.C. 1801 et seq.) is amended by striking sections 104 and 105 and inserting the following:
Authorization of appropriations
There is authorized to be appropriated to the Office of National Drug Control Policy to carry out this subtitle, $195,000,000 for each of the fiscal years 2006 through 2010.
.
Authorizations and extension of termination date
Authorization of appropriations
Section 714 is amended—
by striking
title,
and inserting title except activities otherwise
specified,
; and
by striking 1999
through 2003
and inserting 2006 through 2010
.
Extension of termination date
Section
715(a) 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
.
Anti-Doping Agency
Designation of United States Anti-Doping Agency
Definitions
In this title:
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.).
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)).
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)).
In general
The United States Anti-Doping Agency shall—
serve as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic Committee;
ensure that athletes participating in amateur athletic activities recognized by the United States Olympic Committee are prevented from using performance-enhancing drugs;
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; and
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 by United States amateur athletes.
Records, audit, and report
Records
The United States Anti-Doping Agency shall keep correct and complete records of account.
Report
The United States Anti-Doping Agency shall submit an annual report to Congress which shall include—
an audit conducted and submitted in accordance with section 10101 of title 36, United States Code; and
a description of the activities of the agency.
Authorization of appropriations
There are authorized to be appropriated to the United States Anti-Doping Agency—
for fiscal year 2007, $9,700,000;
for fiscal year 2008, $10,300,000;
for fiscal year 2009, $10,600,000;
for fiscal year 2010, $11,000,000; and
for fiscal year 2011, $11,500,000.
Drug-free communities
Reauthorization
Section 1024(a) of the Drug-Free Communities Act of 1997 (21 U.S.C. 1524(a)) is amended—
in paragraph (9), by
striking and
after the semicolon;
in paragraph (10), by striking the period and inserting a semicolon; and
by adding at the end the following:
$109,000,000 for fiscal year 2008;
$119,000,000 for fiscal year 2009;
$129,000,000 for fiscal year 2010;
$139,000,000 for fiscal year 2011; and
$149,000,000 for fiscal year 2012.
.
Suspension of grants
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:
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.
.
Report 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).
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
.
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:
Additional criteria
The Director shall not impose any eligibility criteria on new applicants or renewal grantees not provided in this chapter.
.
Supplemental grants for coalitions
The Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.) is amended by inserting after section 1035 the following:
Supplemental grants for coalitions with a major local drug crisis
Authority to make grants
As part of the program established under section 1031, the Director may award an initial grant under this subsection, and renewal grants under subsection (f), to any coalition awarded a grant under section 1032 that meets the criteria specified in subsection (d) in order to fund a coalition dealing with a major local drug crisis.
Treatment with other grants
Supplement
A grant awarded to a coalition under this section is in addition to any grant awarded to the coalition under section 1032.
Requirement for basic grant
A coalition may not be awarded a grant under this section for a fiscal year unless the coalition was awarded a grant or renewal grant under section 1032(b) for that fiscal year.
Application
A coalition seeking a grant under this section shall submit to the Administrator an application for the grant in such form and manner as the Administrator may require.
Criteria
A coalition meets the criteria specified in this subsection if the coalition—
has achieved by or through it’s own efforts measurable results in the prevention and reduction of substance use among youth generally;
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; and
submits to the Administrator a detailed plan for addressing the specific local drug crisis.
Use of grant funds
A coalition awarded a grant under this section shall use the grant amount for implementing comprehensive, community-wide strategies that address their local drug crises in accordance with the detailed plan submitted to the Administrator under subsection (d)(3).
Renewal grants
The Administrator may make a renewal grant to any coalition awarded a grant under subsection (a), or a previous renewal grant under this subsection, if the coalition at the time of the application for such renewal grant—
continues to meet the criteria specified in subsection (d); and
has made demonstrable progress in addressing the specific local drug crisis.
Grant amounts
In general
Subject to paragraphs (2) and (3) the total amount of grants awarded to a coalition under this section for a fiscal year may not exceed the amount of non-Federal funds raised by the coalition, including in kind contributions, for that fiscal year.
Initial grants
The amount of the initial grant awarded to a coalition under subsection (a) may not exceed $50,000.
Renewal grants
The total amount of renewal grants awarded to a coalition under subsection (f) for any fiscal year may not exceed $50,000.
Fiscal year limitation on the amount available for grants
The total amount available for grants under this section, including renewal grants under subsection (f), in any fiscal year may not exceed the amount equal to 5 percent of the actual amount appropriated for that fiscal year.
.
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—
by amending subsection (a) to read as follows:
In general
The 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 Antidrug Coalition Institute.
;
by striking subsection (b) and redesignating subsections (c) and (d) as (b) and (c), respectively; and
in subsection (c), as redesignated by paragraph (2), by adding at the end the following:
For each of the fiscal years 2008 through 2012, $2,000,000.
.
Contracting requirement
Section 1031(d) of
the Drug-Free Communities Act of 1997 (21 U.S.C. 1531(d)) is amended by adding
at the end the following: The Director shall delegate all authority for
grant eligibility determinations, review, selection, management, and appeals to
another qualified national drug control agency.
.
National Guard counterdrug schools
National Guard counterdrug schools
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 five schools (to be known generally as National Guard counterdrug
schools
).
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:
Federal agencies.
State and local law enforcement agencies.
Community-based organizations engaged in such activities.
Other non-Federal governmental and private entities and organizations engaged in such activities.
Counterdrug Schools Specified
The National Guard counterdrug schools operated under the authority in subsection (a) are as follows:
The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California.
The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida.
The Midwest Counterdrug Training Center (MCTC), Johnston, Iowa.
The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi.
The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania.
Use of National Guard Personnel
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.
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 of the State to the Secretary of Defense under section 112 of title 32, United States Code.
Treatment 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.
Annual Reports on Activities
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.
Contents
Each report under paragraph (1) shall set forth the following:
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.
Activities
A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted.
Authorization of Appropriations
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.
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.
National Methamphetamine Information Clearinghouse Act of 2006
Short title
This title may be cited
as the National Methamphetamine
Information Clearinghouse Act of 2006
.
Definitions
In this title—
the term Council means the National Methamphetamine Advisory Council established under section 1003(b)(1);
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;
the term National Methamphetamine Information Clearinghouse or NMIC means the information clearinghouse established under section 1003(a); and
the term qualified entity means a State or local government, school board, or public health, law enforcement, nonprofit, community antidrug coalition, or other nongovernmental organization providing services related to methamphetamines.
Establishment of clearinghouse and advisory council
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.
Advisory Council
In general
There is established an advisory council to be known as the National Methamphetamine Advisory Council.
Membership
The Council shall consist of 10 members appointed by the Attorney General—
not fewer than 3 of whom shall be representatives of law enforcement agencies;
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
1 of whom shall be a representative of the Department of Health and Human Services.
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.
Personnel matters
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.
No compensation
The members of the Council shall not receive compensation for the performance of the duties of a member of the Council.
NMIC requirements and review
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.
Components
The NMIC shall include—
a toll-free number; and
a website that provides a searchable database, which—
provides information on the short-term and long-term effects of methamphetamine use;
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;
provides information regarding grants for methamphetamine-related programs, including contact information and links to websites;
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;
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;
allows public access to all information not in a restricted section; and
contains any additional information the Council determines may be useful in identifying or combating the production, use, or effects of methamphetamine.
Review of posted information
In general
Not 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)—
to evaluate and determine whether the item, as submitted or as modified, meets the requirements for posting; and
in consultation with the Attorney General, to determine whether the item should be posted in a restricted section of the website.
Determination
Not later than 45 days after the date of submission of an item, the Council shall—
post the item on the website described in subsection (b)(2); or
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.
Authorization of appropriations
There are authorized to be appropriated—
for fiscal year 2006—
$2,000,000 to establish the NMIC and Council; and
such sums as are necessary for the operation of the NMIC and Council; and
for each of fiscal years 2007 through 2010, such sums as are necessary for the operation of the NMIC and Council.
Miscellaneous provisions
Repeals
Act
Sections 709, 710, and 711 are repealed.
Forfeiture assets
Section 6073 of the Assets Forfeiture Amendments Act of 1988 (21 U.S.C. 1509) is repealed.
Controlled Substances Act amendments
Section
303(g)(2)(B)(iii) of the Controlled Substances Act (21 U.S.C.
823(g)(2)(B)(iii)) is amended by striking except that the
Secretary
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 more than such applicable
number of patients. A second notification under this clause shall contain the
certifications required by clauses (i) and (ii) of this subparagraph. The
Secretary
.
Report on intelligence sharing
Not later than 180 days after the date of enactment of this Act, the Director shall submit to Congress a report—
evaluating existing and planned intelligence systems used by Federal, State, and local law enforcement agencies responsible for drug trafficking and drug production enforcement; and
addressing—
the current intelligence systems used by Federal, State, and local law enforcement agencies;
the compatibility of such systems in ensuring access and availability of intelligence to Federal, State, and local law enforcement;
the extent to which Federal, State, and local law enforcement are sharing intelligence information to assess current threats and design appropriate enforcement strategies; and
the measures needed to ensure and to promote effective information sharing among intelligence systems operated by Federal, State, and local law enforcement agencies responsible for drug trafficking and drug production enforcement.
Requirement for South American heroin strategy
In general
Not later than 90 days after the date of enactment of this Act, the Director 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.
Contents
The strategy submitted under subsection (a) shall include—
opium eradication efforts to eliminate the problem at the source to prevent heroin from entering the stream of commerce;
interdiction and precursor chemical controls;
demand reduction and treatment;
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;
efforts to inform and involve local citizens in the programs described in paragraphs (1) through (4), such as through leaflets advertising rewards for information;
provisions that ensure the maintenance at current levels of efforts to eradicate coca in Colombia; and
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.
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.
Model acts
In general
The Director shall enter into an agreement with a nonprofit corporation that works with States on laws and policies to address alcohol and other drug issues, under which the corporation shall revise the model State drug laws developed by the President's Commission on Model State Drug Laws and draft supplementary model acts to meet changes in States' substance abuse issues.
Authorization of appropriations
There are authorized to be appropriated $1,500,000 to carry out this section.
Study on iatrogenic addiction associated with prescription opioid analgesic drugs
In general
Study
The 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).
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 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.
Requirements
The study conducted pursuant to this section shall assess the current scientific literature to determine, if possible—
the rate of iatrogenic addiction associated with the appropriate use of prescription drugs described in subsection (a);
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;
the comparative abuse liability of prescription drugs described in subsection (a) when used properly by the ultimate user for a legitimate medical purpose; and
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
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).
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.
Requirement for strategy to stop Internet advertising of prescription medicines without a prescription
Not later 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.
Requirement for study on diversion and inappropriate uses of prescription drugs
Not 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:
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 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.
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.
May 25, 2006
Reported with an amendment